Loading...
1999-05-17_Minutes 87 -507 COMMON COUNCIL MAY 17,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth 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, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; 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 Reverend Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on May 10, 1999, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary thanked City's Works employees for their efforts during Clean-up Week of May 10; and proclaimed May 20, 1999 to be a Day of Compassion for voiceless senior citizens who have lost their autonomy because of Alzheimer's disease and related illnesses. 4. Lantic SUQar Issue On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the letter from Mayor McAlary providing an update on the Lantic Sugar issue be received and filed. Question being taken, the motion was carried. 5. Re Council MeetinQs Read a letter from Councillor Titus advising of the number of regular Council meetings in Moncton, Fredericton and Miramichi City, and proposing a motion, with the stated intention to operate in an efficient manner (time and resources of both staff and elected), to change the number of meetings, the time of meetings and the procedure at meetings. Councillor Titus commented on the practice in Moncton, Fredericton and Miramichi City, as well as in Halifax, Nova Scotia, relevant to the frequency of council meetings, including open and closed sessions, and the clerk's time involved in preparing council agendas in the respective municipalities, and the method of distribution of council packages to the council members; and suggested that, in view of his concern 87 -508 COMMON COUNCIL MAY 17,1999 about the amount of time Council spends meeting, it could be pared down so that rather than meet every Monday in open session Council could meet two Mondays a month and meet in Committee of the Whole, as need be, on the off Mondays, which should save staff time in agenda preparation and responding to Council requests, as well as allow Councillors time to be more accessible to the public. Councillor Titus proposed a motion, which was seconded by Councillor Fitzpatrick, that commencing in September Council continue with what is generally called the summer schedule of meetings, which is two meetings per month, and have Committee of the Whole on those off Mondays or maybe even on the same night. Councillor Chase spoke in support of the practice of meeting on a bi- weekly basis beyond the summer months; and Councillor Fitzpatrick advised that, while he agreed with the motion in principle, he would like to go to three meetings per month with the fourth meeting in closed session, commencing in the fall. Councillor Trites, in concurring with having at least one Monday per month for teach-ins and such that time does not permit now, suggested that, because of the nature of City business, the wording of the motion, rather than stating two meetings per month, should refer to alternate Mondays which could provide for a third meeting in a month; and advised that he could support looking at the summer schedule for the four-month period of June through the end of September at which time Council would have a chance to monitor whether or not the workload was too heavy. The Mayor advised that she would like the matter to be referred, perhaps until after the end of the summer to see how Council does during its summer schedule of meetings, which will commence in June, recalling her past experience during the summer schedule with lengthy Council agendas which Council was not always able to complete at a meeting and public hearings every two weeks, and noting the need now at times to reconvene in Committee of the Whole following the public meeting of Council, as well as the past decision not to go to a committee form of government as some of the other municipalities have. Councillor Ball spoke in support of trying the summer schedule in September, as well as having three meetings a month and especially one meeting a month as was held last Thursday; and Deputy Mayor Chase spoke in support of the motion, with Committee of the Whole on an as-need basis, noting that Council could change its meeting schedule by the simple expedient of a vote. Councillor Court asked for clarification on the motion based on his understanding that the intent would be to meet every Monday with two open sessions and two closed sessions Councillor Titus proposed an amendment to the motion, which was seconded by Councillor Chase, that starting with the meeting of May 31,1999, Council meet every second Monday until further notice. The Mayor asked if this would include open and closed meetings, to which Councillor Titus responded in the affirmative. Councillor Court advised his intent to vote against the motion as he was concerned about the workload which could result in agendas of seventy to eighty items; and Councillor Desmond spoke in support of three meetings in open session and one in closed session; and Councillor White spoke in support of the motion on the basis that Council, if it finds in September that the agendas are too much to handle, can go back to the way it was. Councillor Trites advised that he could be supportive of the motion, if it were the intent for Council to meet in open session every two weeks until further notice which would still leave the option of having sessions to deal with items or teach-ins in closed session on the alternating weeks; however, if the motion were to meet every two weeks which is what is done in the summer when Council does not meet on the alternate Mondays, Council would have to leave room for discussion in Committee of the Whole; therefore, if Council could meet one week in open session and Committee, if necessary, in the intervening weeks, that would cover Council very well and also allow Council to begin its open session at 6:00 o'clock p.m. if there was no Committee meeting leading into it; and advised that he would like something to come forward which would allow Council to go to the summer schedule of every second week for June, July and August, and continue with every second Monday public sessions into September while allowing for Committee sessions in the intervening weeks and, keeping public hearings at 7:00 o'clock p.m., move the public meeting times to 6:00 o'clock p.m. 87 -509 COMMON COUNCIL MAY 17,1999 Councillor Titus commented further in this regard during which time he referred to Councillor Trites' suggestion about meeting in Committee on the alternating weeks, and proposed a modified motion that, starting with the meeting of May 31,1999, Council meet in open session every second Monday until further notice; and noted that this would leave Council the flexibility to meet in closed session as need be, which may be on the alternative Mondays. On motion of Councillor Titus Seconded by Councillor Chase RESOLVED that, starting with the meeting of May 31, 1999, Council meet in open session every second Monday until further notice. Question being taken, the motion was carried with the Mayor and Councillors Court and Fitzpatrick voting "nay". 6. Tender For Contract 99-13 On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 99-13, East transmission system sealing joints - 900 mm watermain Rothesay Avenue to Loch Lomond Road, be awarded to the low tenderer, Atlantic Underground Services Ltd., at the tendered price of $338,845, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 7. Tender For Contract 99-16 On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 99-16, Glen Falls floodways, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $420,600, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 8. Protective Services Computer OperatinQ System UpQrade On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the purchase of Version 4 of the IBM AS400 operating system from IBM Canada, at a price of $47,368 plus HST, for a computer operating system upgrade for Protective Services. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting as he was not present for the May 10, 1999 public hearing of the proposed re-zoning of property at 1360 Manawagonish Road.) 87-510 COMMON COUNCIL MAY 17,1999 9. Re-zoninQ Of 1360 ManawaQonish Road On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager regarding the proposed Zoning By-law amendment to re-zone property at 1360 Manawagonish Road (Fairville Motel & Restaurant), which was given first and second readings at the May 10, 1999 public hearing; advising that, while the applicant during his presentation at the public hearing expressed agreement with the Section 39 conditions recommended by the Planning Advisory Committee, he also indicated that he would relocate the proposed entrance for the lounge to the front of the building which, in fact, would be prohibited by proposed condition (e); also advising that modification of the proposal by placing the entrance in the front of the building is viewed as an appropriate modification; thus, if Council wished to permit the proposed lounge to have its own separate entrance on the front of the building, as proposed by the applicant, it would be appropriate to delete condition (e) from the proposed Section 39 conditions, making the subsequent conditions (e) to (g) rather than (f) to (h); and recommending the re-zoning of the parcel of land located at 1360 Manawagonish Road subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the conditions in the revised manner as set out in this report -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Desmond withdrew from the meeting as he was not present for the May 10, 1999 public hearing of the proposed re-zoning of property at 1360 Manawagonish Road.) 14. Zoning By-law Amendment To Re-zone 1360 ManawaQonish Road On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-502 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns by 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be subject to an agreement between the City and the Developer 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) 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; (f) 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 (g) there shall be no expansions to the existing building. The by-law entitled, "By-law Number C.P. 100-502 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Desmond and Trites re-entered the meeting.) 87 -511 COMMON COUNCIL MAY 17,1999 10. Amendment To November 23, 1998 Council Resolution Re Lease Of Land 40 Bavside Drive Read a report from the City Manager advising of the need to amend Common Council resolution of November 23, 1998, which authorized the lease of land at 40 Bayside Drive, as the purpose of the lease was to accommodate, on a temporary basis, the City's East Works Operations and, while at the time of negotiating the term of the lease, staff felt that by the spring of 1999 the East Works Operations would be in its new permanent location. at this time construction of a new facility has not commenced and the City will require further use of the 40 Bayside Drive location until such time as the new facility is available. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council amend its resolution of November 23, 1998, pertaining to the lease of land at 40 Bayside Drive, by deleting paragraph 1 therein and substituting therefor: "(1) the term of the lease shall be twelve months, commencing on November 24, 1998, and shall expire on November 23, 1999"; and further that all other terms and conditions of the aforesaid resolution remain the same, and the Mayor and Common Clerk be authorized to execute a lease agreement. Question being taken, the motion was carried. 11. Re Odell Limited's Proposal To Construct New Works GaraQe On Grandview Avenue On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager advising of staff's action further to the referral of the letter from Odell Limited (considered in Committee of the Whole on March 22, 1999) proposing that a new Works garage be constructed on its property on Grandview Avenue, and recommending that this report be received and filed and the Common Clerk advise Odell Limited that the City would encourage submission of a formal proposal/tender when a call for such is made -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 12. HIP Application #89 Re Sand Cove Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve Housing Incentive Program application HIP #89 for Gregory Howe, Daniel Ouellette and Greg Oram for an estimated grant of $30,000 for a development on Sand Cove Road. Councillor Fitzpatrick expressed concern that, although the purpose of the Housing Incentive Program is to encourage new development, in the above case development has already started. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 13. Municipal Plan Amendment And Re-zoninQ 2690 Loch Lomond Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Victor Train for a Municipal Plan amendment and re-zoning of property located at 2690 Loch 87-512 COMMON COUNCIL MAY 17,1999 Lomond Road, and no written objections were received in this regard, with letters of support received from Paul and Karen Vandenbroeck and Wendy Gaudet. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Victor Train for a Municipal Plan amendment and re-zoning of property located at 2690 Loch Lomond Road at 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. (Councillor Trites withdrew from the meeting as he was not present for the May 10, 1999 public hearing of the proposed Municipal Plan amendment and re- zoning of property at 177-187 Manners Sutton Road.) 15(a) Municipal Plan Amendment And (b) Re-ZoninQ 177-187 Manners Sutton Road 15{a) On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "A Law To Amend The Municipal By-law", by amending 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.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was area in its entirety. Question being taken, the motion was carried. 15{b) On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-503 A Law To Amend 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, 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 third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning of the said parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road, identified as a portion of NBGIC Number 55115562, be subject to the following conditions: (a) the use of the site is limited to the applicant's proposal to 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 87-513 COMMON COUNCIL MAY 17,1999 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. The by-law entitled, "By-law Number C.P. 100-503 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 16. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, May 10, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of 134 Queen Street West (NBGIC Number 367557) to Habitat for Humanity Saint John Region Inc. for the purchase price of $2,500 plus HST and all applicable adjustments; the City of Saint John reserve the right to reacquire the subject property for the purchase price is site development does not commence within 12 months of the title transfer (site development meaning the pouring of a foundation and erection of flooring, framing and trusses), and the Mayor and Common Clerk be authorized to execute the necessary documents. 2. That as recommended by the City Manager, remuneration for the position of Deputy City Manager be set at Grade 9, Step 2, on the Classification Table for Management Positions, effective January 19, 1999 May 17, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, Chairman. 16.1. Sale Of 134 Queen Street West On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 16.2. Remuneration - Deputv City ManaQer On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 87-514 COMMON COUNCIL MAY 17,1999 * Added Item On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the Committee of the Whole report of Thursday, May 13, 1999 (copies of which were distributed to Council members on this date), be added to the agenda of this meeting for consideration as item 16A. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. *16A. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Thursday, May 13,1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus and White, and your Committee submits the following recommendations, namely: 1. That Common Council approve a salary step adjustment for the Common Clerk to Maximum, Grade 7, effective January 1, 1997. 2. That Common Council approve the following salary step adjustments for the Assistant Common Clerk: Grade 4, Step 5, effective January 1, 1997; Step 6, effective January 1, 1998, and Maximum, effective January 1, 1999. 3. That Common Council approve the following salary step adjustments for the City Solicitor: Grade 9, Step 3, effective June 1, 1998, and Step 4, effective June 1, 1999. 4. That Common Council approve the following salary adjustments for the City Manager: 3.75% effective January 1, 1998; and 1.25% effective January 1, 1999. May 17, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, Chairman. 16A.1. Salary Step Adjustment - Common Clerk On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 16A.2. Salary Step Adjustments Assistant Common Clerk On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 87-515 COMMON COUNCIL MAY 17,1999 16A.3. Salarv Step Adjustments - City Solicitor On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 16A.4. Salarv Adjustments - City ManaQer On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 17. Greater Saint John Economic Development Commission, Inc. - ReQional Transportation On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Greater Saint John Economic Development Commission Inc. (Enterprise Saint John) expressing the belief that the issue of a regional transportation system should be addressed by all municipalities in Greater Saint John; and suggesting that the City of Saint John's public transportation system could be extended to Grand Bay-Westfield, Rothesayand Quispamsis if there were a need or a desire for the system in these communities -- be referred to the Saint John Transit Commission. Question being taken, the motion was carried. 18. Greater Saint John Economic Development Commission, Inc. Re Cash Reserve On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John) asking Council to consider approving a policy that would permit Enterprise Saint John to establish a reserve over time from any surpluses that may occur, rather than have municipalities take into account this surplus in approving its budgets in subsequent years -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 19. Minister Of The Environment Re Closure And Remediation Of Spruce Lake Landfill On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Minister of the Environment confirming, further to Council's initiatives regarding the permanent closure and remediation effort at the Spruce Lake landfill, that financial participation is committed by the Department for the current budget year, 1999-2000 and, prompted by estimates in the City's closure plan, a net amount of $300,000 based on a projected expenditure of $600,000 has been reserved for landfill closure by the City of Saint John; and submitting a brief guideline describing the funding process applicable to dumpsite and landfill closures -- be received and filed. Question being taken, the motion was carried. 87-516 COMMON COUNCIL MAY 17,1999 20. Jane Barry, MLA Saint John Lancaster (a) Sidewalks Centracare/Ridgewood Area (b) Signage Russell Hill Road & Balmoral Crescent Area; (c) Sidewalks On Gault Road 20{a) & (c) On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letters from Jane Barry, MLA Saint John Lancaster, advising that, with the recent construction of the new Centracare facilities, staff, patients and families would greatly benefit from the construction of a sidewalk from the railway overpass area, further toward South Bay; and advising it would be appreciated if a sidewalk could be constructed at the end of Gault Road, nearest to South Bay where the street is quite curved and twisty, as well as narrow -- be referred to the next Capital Budget process. Question being taken, the motion was carried. 20{b) On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from Jane Barry, MLA Saint John Lancaster, advising that she has been approached about the lack of signage notifying residents to slow down in the area of a triangular green space between Russell Hill Road and Balmoral Crescent where a number of young children frequently play, and that it would be appreciated if Council would have the Traffic Department investigate the possibility of posting "children playing" signs in this area -- be referred to the City Manager. In response to a question as to the City's practice in the above regard, Mr. Groody advised that it has not been the City's practice to install such signage on the basis that, if there were too many such signs, people would tend to ignore them and there might be a false sense of security among children that they can run out onto the street to play and forget normal safety considerations, so experts in the field discourage the usage of that kind of signage. Question being taken, the motion was carried. 21. Communities In Bloom Education Co-ordinator - List of Projects On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from Barry Ogden, Communities in Bloom Education Co-ordinator, submitting a list of projects that will greatly benefit the community -- be received and filed with appreciation. Question being taken, the motion was carried. 22. Celebrate Canada Committee For Saint John Request For RecoQnition And Financial Support On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Celebrate Canada Committee for Saint John requesting that the City of Saint John recognize it as the official co-ordinating committee for Canada Celebrations In Saint John and, if Council approves this request, to support the Committee financially in planning its celebrations -- be received and filed and a grant of $1,000 be approved and the Committee be recognized as the Co-ordinating Committee for Canada Day celebrations in Saint John. 87 -517 COMMON COUNCIL MAY 17,1999 The initial motion proposed by Councillor White, and not seconded, was to refer the above matter to the City Manager, whereupon the Mayor indicated that this would be Council's decision. Question being taken, the motion was carried. 23. P. Cook - Request To Build Up Yard At 3 Todd Street Consideration was given to a letter from P. Cook asking for permission to bring in fill to build up the driveway at 3 Todd Street, the driveway at present being about one foot lower than surrounding grades and tends to get a lot of water from time to time. A motion was proposed by Councillor Trites and seconded by Councillor Ball to refer the above matter to the City Manager for appropriate action. The Mayor made the observation that Council dealt with a request of this nature at the last meeting and, in response to her query as to whether or not Council should make a decision at this time, Mr. Edwards advised that he looked at the property in question and could see no reason why Council would not accept this person's request; and also that his recommendation would be to accept $4 per cubic metre. On motion of Councillor Trites Seconded by Councillor White RESOLVED that P. Cook 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 building up of the driveway at 3 Todd Street. Question being taken, the motion was carried. 24. Cornelius Bean's Cafe Re Outdoor DininQ, 68 KinQ Street On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from the Co-owners of Cornelius Bean's Cafe submitting a sketch of a proposed seating arrangement for outdoor dining in front of its store at 68 King Street; and serving as a formal application to assist them with their business venture -- be referred to the City Manager. Question being taken, the motion was carried. 25. Crowe's Place Ltd. - Re-Zoning Of Property At 321 City Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the application of Crowe's Place Ltd. for the re-zoning of property at 321 City 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 28, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. Corporation 1906 Inc. - Re-zoning Of Lot 97-1, Paradise Row On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Corporation 1906 Inc. for the re-zoning of Lot 97-1, Paradise Row, be referred to the Planning Advisory Committee for a report and recommendation and the necessary 87-518 COMMON COUNCIL MAY 17,1999 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. 27. Catherine Sherman - Building Permit Denial, 115 Huxtable Street Consideration was given to a letter from Catherine Sherman advising of the building permit denial of Howard and Catherine Sherman with regard to 115 Huxtable Street, Lakewood Heights, for the reason that a sewer line had to be installed. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that Council permit the construction of a building at 115 Huxtable Street, Lakewood Heights, with an appropriate letter to be received from the owners of the subject property agreeing that if the property is further subdivided, they must install a sewer line and connect to the City's sewer system. Question being taken, the motion was carried. * Added Item On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the report from the City Manager (copies of which were distributed to Council members on this date), concerning a subdivision agreement for 177-187 Manners Sutton Road, be added to the agenda of this meeting for consideration as item 27 A. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". *27 A. Subdivision Agreement Re 177-187 Manners Sutton Road On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the report from the City Manager referring to the May 10, 1999 public hearing for a Municipal Plan amendment and re-zoning of property at 177-187 Manners Sutton at which time the applicant, G.A. (Sandy) Robertson indicated that he did not wish to share in the upgrading or replacement of the Bullock Street lift station; advising that, while it is anticipated that this lift station will have to be replaced and the developer would contribute to the cost of this replacement, it has been concluded that the Community Planning Act does not provide for this type of developer contribution as part of the subdivision approval process, thus the City may have to assume the full cost of upgrade or replacement of the Bullock Street lift station, the latter anticipated to cost over $100,000 -- be received and filed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried with Councillor Desmond voting "nay". Adjournment On motion of Councillor Fitzpatrick 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