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1999-05-10_Minutes 87 -491 COMMON COUNCIL MAY 10,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of May, A.D., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; 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 introduced the Saint John Rotary Boys Choir, under the direction of Kevin Langford, who sang the National Anthem. Rev. Roger Graham of Forest Hills United Baptist Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on May 3, 1999, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-zone 31 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 31 Golden Grove Road (a portion of NBGIC Number 55050322), having an area of approximately 6313 square metres (67,954 square feet), from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, to permit the construction of a one- storey commercial building with an approximate ground floor area of 843 square metres (9,074 square feet), as requested by Dante Foriere, 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 May 4 meeting at which Gerry Webster expressed objection on behalf of the applicant to the staff recommendation and indicated that the proposed commercial access could be modified in accordance with the Zoning By-law and therefore no variance would be required for the commercial development and also that the necessary compensatory flood storage could be provided, and Sandra Taylor expressed objection to the proposed development with concern regarding increased traffic and noise and the potential increase in flooding for the immediate area, and suggested that commercial activities should not be allowed to expand in this residential area; and recommending that the application be denied. 87 -492 COMMON COUNCIL MAY 10,1999 Jean Urquhart of 20 Dutch Garden Lane appeared in opposition to the application as her area floods and the subject property is directly in the flood plain area, and asked the applicant's intent with respect to compensatory storage. Ms. Urquhart expressed concern about traffic in that the proposed building would be on a corner with poor visibility and also there was already a traffic problem in the area because of all the expansion going on; and expressed the view that further expansion should not take place in the area until something is in place with respect to the flooding issue. Ernie Martin of 41 Golden Grove Road spoke in opposition to the proposed re-zoning on the basis that his property, which is adjacent to the proposed complex, would be flooded as the subject property is higher than his and the only place the water would have to go would be onto his property; and also that, although the proposed plan submitted by the applicant shows his property at 41 Golden Grove Road as 100 feet long by 50 feet wide, his property is 160 feet long by 60 feet wide which takes up part of the applicant's plan. Mervyn Neill of 114 Glen Road expressed opposition to the proposal on the basis that flooding in the Glen Falls area has not been addressed and, as his property is one of the lowest parts of Glen Falls, water would come in there if there was flooding. Gerry Webster of 21 Derrick Court, representing the applicant in support of the proposed re-zoning, advised of the arrangements for compensatory storage off Rothesay Avenue and also, with regard to the concern about traffic visibility, the proposed building would be set back off the road beyond the front of the car wash operation and would not impede vision either way. Mr. Webster noted Mr. Foriere's previous applications for re-zoning, one which was withdrawn because an amendment was required as the building proposed was actually larger than the property would handle so it was redrafted and sized down to fit within the existing guidelines. Mr. Webster addressed the issue of the 160 building permits issued within the flood plain area in the last two and a half years for everything from strip malls to garages to commercial buildings; and advised that, while he understood Mr. Neill's concern because of the need to build up the subject lot in order to build on, there would be a paved yard with catch basins and storm drains to carry the water away from the site, so his conditions would not change from what they presently are. Mr. Webster expressed the view that, as the applicant was meeting all of the guidelines and rules set out by the City for construction in the area and has not been allowed to build on the subject property which he has had for many years, it was not right that the applicant was being restricted and stopped from constructing on the property as long as he meets these rules and guidelines; and, on the issue of extending the commercial corridor further down Simpson Drive as addressed by Planning staff, pointed out a number of commercial sites beyond the car wash and beyond the site in the question, thus already making it a commercial strip, not a residential area. Mr. Webster requested Council's approval for the applicant's request to build on the subject site. Mr. Webster responded to questions on the applicant's plans for compensatory storage and the intended use of the proposed building for retail space, and clarified that reference to a 30-foot wide commercial access was an oversight on the applicant's part and the commercial access would be 23 feet wide as provided for in the Zoning By-law. In response to an observation that a one- or two-family property could be built on the subject property, Mr. Webster suggested that to build a two-family home on it would result in the same flood situation, and possibly far worse, than with a commercial project as the requirements for a residential building would not include storm drainage as would be required for a commercial project. On motion of Councillor Vincent Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, the application of Dante Foriere for the re-zoning of property at 31 Golden Grove Road be denied. As to the effect on flooding of a residential unit on the site, Mr. Baird advised that it would be possible to make the situation worse or better, depending on how the developer decided to fill and develop the property, but a one- or two-family dwelling in the traditional sense would leave a substantial part of the site potentially undeveloped. In response to Councillor Desmond, Mr. Edwards expressed the view 87 -493 COMMON COUNCIL MAY 10,1999 that, whether commercial development or dwelling units, the property could be graded such that it would direct the drainage so that it would not adversely affect the surface drainage onto the adjacent property; and, having confirmed that the requirements for a two-family dwelling would not be the same as for a commercial development, advised that, in terms of flooding or controlling water damage to the adjacent property, there would be more opportunity for the Development Officer to put a stamp of approval on a commercial development than on a single- or two-family residential development. Councillor Chase advised that his position would be to support the application in view of the City's plans to alleviate flooding in the area, the proposal for an attractive-looking building, and the existing commercial operations within a kilometre which make the area a commercial corridor. Councillor Ball asked, as the applicant wanted to do something with the property, if the matter could be tabled so that Mr. Foriere and staff could attempt to work something out so that development could take place, to which the Mayor advised that, if the resolution to deny the application were not adopted, a new motion could be made for first reading of the proposed By-law amendment. Question being taken, the motion was carried with Councillors Chase and Desmond voting "nay". 4(a) Zoning By-law Amendment To Re-Zone 1360 Manawagonish Road (Fairport Motel & Restaurant) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R-1A" One Family Residential to "B-2" General Business classification, to recognize the existing use of a portion of the property for a restaurant and to permit a licensed lounge to be established within the existing restaurant building, as requested by 045771 (N.B) Ltd. (Fairport Motel & Restaurant), and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, two letters in favour and two letters and a petition opposed to the proposed re-zoning considered by the Committee at its May 4 meeting at which George Anderson, owner of the Fairport Motel & Restaurant, expressed agreement with the staff recommendation except for conditions (e) and (f) concerning exterior access to the building, and condition (g) concerning hours of operation; advising of the Committee's adoption to approve the application as per the staff recommendation, with an amendment to condition (g) extending the hours of operation to 1 :00 a.m. and with no change to the recommended conditions with respect to exterior access to the proposed lounge; and recommending that Common Council re- zone a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre and identified as being NBGIC Number 397786, from "R-1A One Family Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the commercial use of the property is limited to the existing non- conforming motel, the existing restaurant, and the applicant's proposal to establish a small licensed lounge as an accessory use within the existing restaurant building; (b) the lounge must be operated as a secondary use to the restaurant that continues to be licensed as a dining room under the Liquor Control Act; (c) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 per cent of the total combined restaurant/lounge capacity, whichever is less; (d) there shall be no entertainment licence, and any recorded music must not be detectable outside of the building; (e) the customer entrance to the proposed lounge must be from within the restaurant and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law; (f) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; (g) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 1 :00 a.m. each night; and (h) there shall be no expansions to the existing building. 87-494 COMMON COUNCIL MAY 10,1999 George Anderson of 1344 Manawagonish Road, owner of the Fairport Motel and Restaurant, appeared in support of the application, and advised that the reason for the re-zoning request was for his motel guests and, in order to survive, as he was currently losing customers because, with the tourist trade today, people do not want to stay in their rooms; and also advised that he intended to use the proposed lounge as a smoking area during meal hours. (Councillor Desmond withdrew from the meeting during the above comments.) Mr. Anderson confirmed that he was satisfied with the above recommendation, and advised that it was not his intent to have entertainment in the proposed 24-seat lounge, which would be separated by a room-dividing wall from the restaurant area. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R-1A" One Family Residential to "B-2" General Business 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. (Councillor Desmond re-entered the meeting and subsequently withdrew upon the Mayor's indication that, as he had withdrawn during the public hearing in this regard, he would be unable to vote on the matter.) 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 White Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R-1A" One Family Residential to "B-2" General Business 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. (Councillor Desmond re-entered the meeting.) 5(a) Zoning By-law Amendment To Add Special Zone SZ#2 & Re-Zone 721 Chapel Street (Assumption Centre) The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Zoning By-law text amendment to add special zone SZ#2 to the list of zones in Section 30(1), as well as its uses and zone standards and (b) the proposed re-zoning of a parcel of land known as the Assumption Centre, located at 721 Chapel Street (NBGIC Number 394767), from "IL-1" Neighbourhood Institutional to SZ#2 Special Zone #2, to permit the existing community centre to operate with a club or lounge liquor licence, as requested by the Knights of Columbus Council No. 6770, and 5{c) a letter of objection in this regard was received from Arthur W. Crowley. 87-495 COMMON COUNCIL MAY 10,1999 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, one letter in favour and one letter and a petition against the application, considered by the Committee at its May 4 meeting at which Roger Ouellette spoke on behalf of the applicant in favour of the proposal and Charlene Hayes, Special Events Coordinator of the St. Joseph's Hospital Foundation addressed the Committee in support of the application, and Lillian Clark, Fred Whelan, Norm Vautour and Val St. Onge appeared in opposition to the re-zoning; and recommending that the proposed amendment to the Zoning By-law be denied. Robert Vautour of 354 Clifton Street spoke in opposition to the proposed amendment in that, if the re-zoning were approved, it would be permanent and the applicant would be allowed to have a liquor licence equal to that of a club or any liquor establishment in the City of Saint John; advised that the Knights of Columbus only lease the building for three more years and, if the building were sold, the re-zoning would go with the building and the purchaser might not want to follow the regulations or want to put a night club in it. Lillian Clark of 338 Clifton Street expressed opposition to the proposed re-zoning for much the same reason as expressed by Mr. Vautour above in that the re- zoning would permit a club equal to that of a legion or any of the clubs Uptown, and also for the reason that property values would go down and the noise level would go up. Ms. Clark advised of her occasion, as President of a club, to rent the hall in question from the Knights of Columbus, looking after the liquor permit and cost, liquor and entertainment for the club. Ms. Clark, having been asked if it would be of interest to the residents concerned to have full discussion with the applicant to possibly give a better understanding or clear up any of the problems that may exist at the present time, indicated in the negative (Councillor Court entered the meeting whereupon the Mayor advised him that, while he could remain at the Council table, Council was in the a public hearing process in which he would be unable to participate.) Arthur Crowley of 682 Chapel Street addressed Council in opposition to the proposed re-zoning, referencing his above-mentioned letter in which he indicates his reason for being opposed to the granting of a general lounge licence. Don Stafford of 716 Chapel Street, appearing in opposition to the proposal, expressed concern as a licensed carpenter about the building, as well as a concern about parking and noise should there be a lounge there. Roger Ouellette of 49 Honeysuckle Drive and spokesperson for the Knights of Columbus Council No. 6770 in support of the application, explained that, basically, the liquor license would run only at weddings, banquets and such events, with no video lottery machines intended, and applicant was looking for the re-zoning for the three years left on the lease and was trying to find a clause whereby the re-zoning would go back to the old re-zoning after the three-year lease; and proposed that, if there were no such clause, the applicant would like to withdraw the application in view of the residents' stand against the liquor license. In response to the question of whether or not the re-zoning could be approved for three years and then revert to its present zoning, Mr. Nugent advised that Council was not able to re-zone for a period of time; and it would be in order for the applicant to request Council's permission to withdraw the application, and in order for Council, it so wishes, to entertain that and decide whether or not to permit the withdrawal. (Councillor Titus withdrew from the meeting.) The Mayor asked, as Council could not legally approve the re-zoning for three years subsequent to which it would revert to its current zoning, if the applicant was requesting withdrawal of the application, to which Mr. Ouellette confirmed that, if there were no legal way to re-zone for a certain period of time, the applicant was asking to withdraw the application. 87 -496 COMMON COUNCIL MAY 10,1999 On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the application of the Knights of Columbus Council No. 6770, for the re-zoning of property at 721 Chapel Street, be withdrawn as requested by the applicant. (Councillor Titus re-entered the meeting.) Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6(a) Municipal Plan Amendment And (b) Re-ZoninQ 177-187 Manners Sutton Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed amendment to Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA GUIDELINES - Projects and Proposals- Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562."; and (b) the proposed re-zoning of a parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road (NBGIC Number 55115562), from "R-1A" One Family Residential to "R-2" One and Two Family Residential and "RF" Rural classification, to permit the development of a mixture of one-family and two-family dwellings on the portion of the subject lands to be re-zoned to "R-2", with the portion of the subject lands to be re-zoned to "RF" to be consolidated with an adjoining property that is presently zoned "RF", as requested by G.A. (Sandy) Roberson, and no written objections were received in this regard, with a petition from residents of Manners Sutton Road and a letter from Doug Gould (copies of which were distributed to Council members on this date) having been received in support of the proposal. 6{b) Consideration was also given to a report from the Planning Advisory Committee advising of its consideration at its May 4 meeting of the submitted Planning staff report and the appearance by Stephen Horgan, representing the applicant, in agreement with the staff recommendation with the exception of item 7 dealing with cost sharing of the upgrading/replacement of the Bullock Street sewage lift station, with the request that this be deleted from the recommendation as the applicant does not consent to making any contribution to this lift station; advising that staff pointed out that item 7 was included for the convenience of Council and, in any event, the cost responsibility for upgrading any existing infrastructure would need to be discussed as part of the subdivision agreement process, and the Committee's recommendation to Council would deal with only items 1 through 3 of the staff recommendation; also advising of the Committee's approval of the name Yacht Haven Lane and its granting of a number of variances; and recommending that Common Council (1) amend Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562. "; (2) re-zone a parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road, also identified as a portion of NBGIC Number 55115562, from "R-IA" One Family Residential to "R-2" One and Two Family Residential classification, 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 the applicant's proposal to 87 -497 COMMON COUNCIL MAY 10,1999 develop a subdivision containing a mix of one-family and two-family dwellings to a maximum of 23 dwelling units; (b) the number of two-family dwellings is restricted to a maximum of 7 buildings (14 dwelling units); (c) the two-family dwellings, if developed, must be completed in accordance with detailed elevation plans to be prepared by the proponent and subject to the approval of the Development Officer; (d) the transportation of fill material during the construction of the proposed private street, and the filling of land on proposed Lots 1-2, 3-4, 5-6, 22-23 and adjacent Trustee Lands must be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays; (e) the filling of land on proposed Lots 1-2, 3-4, 5-6, 22-23 and adjacent Trustee Lands must be in accordance with a detailed grading plan to be prepared by the proponent and subject to the approval of the Development Officer; and (f) the individual deeds for all the proposed lots and part-lots must indicate that the proposed Yacht Haven Lane is a private access that will not be maintained by the City; and (3) re-zone a triangular parcel of land with an area of approximately 4,000 square feet, located at 177-187 Manners Sutton Road, also identified as a portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R-IA" One Family Residential to "RF" Rural classification. G.A. (Sandy) Robertson, in addressing Council in support of his proposal, noted the positive recommendation by both Planning staff and the Planning Advisory Committee as well as the residents of Manners Sutton Road as indicated in the above- mentioned petition, the results in percentage form of which he circulated to the Council members and referenced a slide of these results at this time. Mr. Robertson also displayed a slide depicting the elevation view of one of the proposed two-family units; and addressed options with respect to such matters as the straightening and widening of Manners Sutton Road and modification of the intersection of Manners Sutton Road and Millidgeville Avenue and the Bullock Street lift station, set out in the City Manager's report to Council on July 27, 1998, subsequent to the public hearing of his previous application for a Municipal Plan amendment and re-zoning. During discussion it was noted that subdivision issues were not part of Council's deliberation at this time. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA GUIDELINES - Projects and Proposals- Development Area A: Millidgeville Core), by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562.", be read a first time. 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 Deputy Mayor Chase Seconded by Councillor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA GUIDELINES - Projects and Proposals- Development Area A: Millidgeville Core), by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562.", 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 -498 COMMON COUNCIL MAY 10,1999 On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road (a portion of NBGIC Number 55115562), from "R-IA" One Family Residential to "R-2" One and Two Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and re-zoning a triangular parcel of land with an area of approximately 4,000 square feet, located at 177- 187 Manners Sutton Road, also identified as the portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R-1A" One Family Residential to "RF" Rural 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 Vincent Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road (a portion of NBGIC Number 55115562), from "R-IA" One Family Residential to "R-2" One and Two Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee; and re-zoning a triangular parcel of land with an area of approximately 4,000 square feet, located at 177- 187 Manners Sutton Road, also identified as the portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R-1A" One Family Residential to "RF" Rural classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 7. Seawood School Playground Committee Funds For UpQrade Of ExistinQ PlaVQround Consideration was given to a letter from the Seawood School Playground Committee requesting the City of Saint John to (a) match all contributions and funds it has raised to upgrade (Phase 2) of the existing playground equipment from the Land for Public Purposes Trust Fund, and submitting a detailed plan outlining the Committee's fund-raising effort and the intended addition and associated costs. John McBriarty, Chair of the Seawood School Playground Committee, appeared with the request for Land for Public Purposes funds in order to do Phase 2 of the Seawood School playground, the Committee having raised funds of approximately $6,700, which it would like the City to match. On motion of Councillor Ball Seconded by Councillor White RESOLVED that the presentation on behalf of the Seawood School Playground Committee for cost sharing of Phase 2 of the existing playground -- be referred to the City Manager. 87 -499 COMMON COUNCIL MAY 10,1999 Question being taken, the motion was carried. 8. Mavor's Remarks (Councillors Vincent and White withdrew from the meeting.) Mayor McAlary proclaimed May 9 to May 15, 1999 to be National Police Week; May 12, 1999 as Sarcoidosis Awareness Day, Sarcoidosis being a multisystem disorder of unknown cause, most commonly affecting young adults; and May 14, 1999 to be Children's Human Rights Day in the City of Saint John; and advised of the challenge between her and Fredericton Mayor Brad Woodside in the hockey play-off games between the Saint John Flames and the Fredericton Canadiens. (Deputy Mayor Chase withdrew from the meeting.) 9. Amendment To Section 39 Conditions Re-ZoninQ 1922 ManawaQonish Road Consideration was given to a report from the City Manager advising that, subsequent to the April 19, 1999 public hearing of the application of Austin Sleigh and Doug McCaig for an amendment to the Section 39 conditions of re-zoning of 1922 Manawagonish Road which was referred to staff for additional consultation, staff met with the applicant on a number of issues, including the applicant's concerns as noted in the background in this report and a follow-up letter was sent to the applicant outlining the potential changes to the recommendation; and setting out a recommendation for Council's consideration. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "I-I" Light Industrial zone for the property at 1922 Manawagonish Road (NBGIC Number 403626), by replacing the Section 39 conditions with the following: (a) the use of the property be limited to the following: business office rental of trailers barber shop retail store beauty salon personal service shop pet shop radio or television repair shop truck or car wash tire shop automobile and parts assembly of minor electric or salesroom electrical equipment electrical repair shop sign manufacture tent, awning and wholesale store or business allied manufacture repair garage car sales lot used car sales lot welding shop repair shop (A.T.V.s/lawn equipment); (b) the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; (c) a portion of the existing eight-foot high, wooden fence, located to the east of the main building be relocated so that it is no closer to the street than the main building; (d) a maximum of six vehicles or trailers used for a truck or car rental business be permitted in a 20-foot by 60-foot "holding area" to be indicated on a detailed site plan; and (e) no outdoor storage of goods or materials is permitted, except within the building or enclosed compound area. Question being taken, the motion was carried. (Councillor White re-entered the meeting.) 87 -500 COMMON COUNCIL MAY 10,1999 26. Austin Sleigh I Doug McCaig Section 39 Amendment Re 1922 ManawaQonish Road On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Austin Sleigh and Doug McCaig, owners of the property at 1922 Manawagonish Road, advising that they would be present at this meeting and would like, if necessary, to speak on the Section 39 amendment in this regard, be received and filed. Question being taken, the motion was carried. 10. Re Request To Serve Liquor In Front Of 96 Germain Street Read a report from the City Manager in response to the request at the last meeting of Taco Pica Worker Co-operative Ltd. to serve liquor at four patio tables and chairs on the sidewalk in front of the Taco Pica Restaurant at 96 Germain Street; advising the City Solicitor's response to this request that it was beyond Council's jurisdiction to approve the sale of liquor, such sale being subject to the Province of New Brunswick regulations respecting liquor licences; also advising that Council's approval in the past for the placement of tables and chairs on the sidewalk at 96 Germain Street has not been a problem, therefore this request can be granted; and setting out a recommendation in this regard. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Council grant permission to Taco Pica Worker Co-operative Ltd. to place four patio tables with five chairs each at the front of Taco Pica Restaurant at 96 Germain Street for the summer months subject to the following conditions: (1) beverages served at the tables and chairs on the sidewalk must be in non-breakable containers (plastic cups); (2) tables and chairs are to be placed so as not to impede pedestrian traffic, with placement to be approved by the Chief City Engineer; (3) tables and chairs are not to be left unattended; (4) adequate litter receptacles are to be available; (5) tables and chairs are not to be placed within five metres of a fire hydrant; (6) tables and chairs are not to be placed within five metres of an intersection; (7) tables and chairs are not to be placed within two metres of a crosswalk; and (8) approval is for the period May 14, 1999 to September 30, 1999. Question being taken, the motion was carried. 11. HIP Application #88 White House Court On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve Housing Incentive Program application HIP #88 - Wayne Moore Bldg. Contr. Inc. for an estimated grant of $70,000 for a development at White House Court. Question being taken, the motion was carried. 12. Grant Of Easement For Encroachment - Cunard Street Read a report from the City Manager submitting a copy of correspondence from the Legal Department advising of a request from David Chase, solicitor representing Mr. and Mrs. Walsh, the present owners of property at 48 Cunard Street, for a grant of easement to permit the encroachments of their building at 48 Cunard Street upon Cunard Street; and setting out a resolution in this regard. 87 -501 COMMON COUNCIL MAY 10,1999 On motion of Councillor White Seconded by Councillor Titus RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00 to execute a grant of easement in favour of Charles E. Walsh and Yvonne M. Walsh, the present owners, to permit the encroachments of their building at 48 Cunard Street upon the said Cunard Street, such easement to terminate with the destruction or removal of the encroachments. Question being taken, the motion was carried. 13. Proposals For Engineering Inspection And TestinQ Services On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the proposals of ADI Limited, in the amount of $13.50 per cylinder, for testing of Portland Cement Concrete, and of Jacques Whitford and Associates Limited, in the amount of $28,290, for the testing and inspection of asphalt concrete mixes for 1999, be accepted. Question being taken, the motion was carried. 14. LifeQuard Supervision 1999 On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Canada Games Aquatic Centre be engaged to provide lifeguard supervision at City beaches in 1999, as outlined in the submitted proposal, at a cost of $38,600, taxes extra. Question being taken, the motion was carried. 15. Traffic By-law Amendment Re ParkinQ On Woodville Road Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment with respect to parking on the south side of Woodville Road between Chapel Street and City Line, which was given first and second readings on May 3, 1999. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Woodville Road, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 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 87 -502 COMMON COUNCIL MAY 10,1999 The Committee of the Whole reports Your Committee reports that it sat on Monday, May 3, 1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City quit claim its interest, if any, in 3 Chubb Street (NBGIC Number 28092) to Mike Cavanaugh Homes Inc. for the price of $2,000 (plus HST, if applicable), and the Mayor and Common Clerk be authorized to execute the quit claim deed. May 10, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Quit Claim Re 3 Chubb Street On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 17. Saint John Parking Commission - Request For Appointment Of Bv-Iaw Enforcement Officer On motion of Councillor White Seconded by Councillor Ball RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-law, namely: Andrew Farmakoulas: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. (Deputy Mayor Chase and Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 17A. Fundy Region Solid Waste Commission Re VotinQ On BorrowinQ Resolutions On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from the Fundy Region Solid Waste Commission stating three resolutions on which the Commission intends to vote at a meeting on or after June 8, 1999, with regard to short- term financing, long-term financing restructuring, and long-term financing for the depot recycling system -- be received and filed. Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, noted the need for him to vote on the borrowing resolutions and his intent to do so in favour of them, and the Mayor indicated that Council's receiving and filing of the letter would mean that Council was in agreement. In response to Councillor Vincent's indication that he had questions in the above regard, Mayor McAlary advised that the City Manager asked that the matter be referred if there were questions of staff because staff has not had a chance to review it. Councillor Chase advised that the 87 -503 COMMON COUNCIL MAY 10,1999 Commission's position at this time was that it would like to meet with Council to respond to questions, and encouraged Council to meet with the Commission. Councillor Fitzpatrick referred to the Mayor's indication that, by receiving and filing the above letter, Council would be indicating its support to Councillor Chase's affirmative vote on the resolutions on the basis that, if that were the case, he would vote against the above motion, whereupon the Mayor suggested that the matter should be referred to the City Manager for a report. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the referral motion was carried. 18. Minister Of Municipalities And Housing Re Committee To Address Y2K Problems Read a letter from the Minister of Municipalities and Housing advising that a great deal of progress has been made in its initiatives to address the Year 2000 (Y2K) problem, and that the overall emergency system in New Brunswick, including the NB 9- 1-1 Service, is one of the essential services that must be secure and protected; also advising that, for the reason that there are many components that make up the overall emergency response system in New Brunswick and it is important that all of the people who are responsible for them coordinate their efforts to ensure that this important public safety service works well on January 1, 2000, her Department has created a committee which includes the emergency response system stakeholders to coordinate the overall effort in assuring the NB 9-1-1 System is fully operational through the millennium; and asking for the provision to Ron Akerley of the City's Y2K coordinator with whom contact will be made by a committee member to assess the City's level of compliance and to discuss any issues that may arise. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from the Minister of Municipalities and Housing regarding the Year 2000 (Y2K) problem be received and filed. Question being taken, the motion was carried. 19. Jane Barry. MlA. Re Maclaren's Beach On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Jane Barry, MLA Saint John Lancaster, requesting Council to include a regular stop at MacLaren's Beach in the City's street side litter pick-up program -- be referred to the City Manager. Question being taken, the motion was carried. 20. James & Phyllis Crilley - Re-Zoning Of Property At 130 Dorothea Drive On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the application of James and Phyllis Crilley for the re-zoning of property at 130 Dorothea Drive 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, June 28, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87-504 COMMON COUNCIL MAY 10,1999 21. Greater Saint John Ministerial Association Request For Access To Land On Fort Howe On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Greater Saint John Ministerial Association advising of its intent, in order to mark the Year 2000, to erect a commemorative cross on Fort Howe that would stand as a symbol of the historic contribution to the development of the City of Saint John and as a symbol of Christian unity, and requesting access to a piece of land that could be used for this purpose -- be referred to the City Manager. Question being taken, the motion was carried. 22. Saint John Volunteer Centre Appreciation For Volunteer Time On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the Saint John Volunteer Centre thanking Mayor McAlary and Councillors Carl White and Mel Vincent for volunteering their time to the Centre's Transportation Program during National Volunteer Week, further to the Centre's presentation to Council on March 8, 1999, be received and filed. Question being taken, the motion was carried. 23. Co-operative Education Program Department Of Education - Appreciation For Assistance On motion of Councillor White Seconded by Councillor Ball RESOLVED that the letter from the Co- operative Education Program Facilitator for School Districts 6 & 8 thanking the City for its involvement in planting nine trees near the former Canadian Tire store on Thorne Avenue through the participation of two Recreation and Parks workers and two police officers -- be received and filed. Question being taken, the motion was carried. 24. Gregor Hope - Team Of Champions Imagine The Possibilities Committee Recommendation On Waterways On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Gregor Hope, Team of Champions, citing the recommendation relative to the topic of waterways produced by the Imagine The Possibilities Committee, which he has been given the opportunity to assist in fostering; advising that he sees the initial challenge being to develop a team whose responsibility would be to prepare an overall strategy; and asking Council's support in appointing a representative to serve on the Strategy Development Committee which will have the goal of producing a strategic plan by December 1999 -- be referred to the Nominating Committee. Question being taken, the motion was carried. 87-505 COMMON COUNCIL MAY 10,1999 25. Daphne Wetmore - Request For Secondary Access Sand Cove Road Area On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that letter from Daphne Wetmore suggesting the need for the City to provide planning for a secondary access road into and out of the Sand Cove Road area in West Saint John, in view of the rapid housing development in that area, particularly Meadowland Subdivision and others -- be referred to the City Manager. Question being taken, the motion was carried. 27. Wayne J. Burke - Request To Put Landfill On 106 Glen Road Consideration was given to a letter from Wayne J. Burke requesting permission to put landfill on his property at 106 Glen Road in order to level out his property. The Mayor suggested a motion of referral to the City Manager for a report to which Mr. Totten advised that the site in question is small, and recommended that Council, in accordance with the recent policy that was put in place to allow Council to expedite this process, accept $4 per cubic metre for the 50 cubic metres concerned of compensatory storage. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that Wayne J. Burke be advised that Common Council will sell compensatory storage, calculated at the minimum rate of $4.00 per cubic metre, for each cubic metre of flood storage displaced by the filling of his property at 106 Glen Road. Question being taken, the motion was carried. 28. Saint John Horticultural Association Re Appointments To Rockwood Park Advisorv Board On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Horticultural Association advising that, at its annual meeting, Eric L. Teed, Wallace P. MacMurray, Brenda Farren, John Noddin and Stephen Ashford were recommended for appointment to the Rockwood Park Advisory Board as members for the forthcoming year, and submitting a copy of the agreement setting out the operation of the Board and a graph showing the campground registrations and its development in the last seven years -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 28A. Glen Carpenter I Tabufile Amendment To Section 39 Conditions Re-zoninQ 2441 Golden Grove Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of Glen Carpenter / Tabufile for an amendment to the conditions of re-zoning of 2441 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 14, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87 -506 COMMON COUNCIL MAY 10,1999 Adiournment On motion of Councillor Vincent Seconded by Councillor White RESOLVED that this meeting be adjourned and a Committee of the Whole meeting be held. Question being taken, the motion was carried. Common Clerk