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1999-05-25_Minutes 87-519 COMMON COUNCIL MAY 25,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-fifth 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, Vincent 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; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. The Mayor extended condolences to the family of Ronald Jackson, a retired member of the Saint John Police Force having joined the Force in 1949 and subsequently appointed as Deputy Chief, who passed away earlier this date. (Councillors Chase and Fitzpatrick withdrew from and Councillor Trites entered the meeting.) 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on May 17, 1999, be approved. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 3(a) Proposed Zoning By-law Amendment To Re-zone 111-113 McAllister Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 111-113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, from "P" Park to "sc" Shopping Centre classification, to permit the second phase of the proposed McAllister Drive Plaza development, consisting of an approximately 16,400-square-foot strip shopping plaza, as requested by McAllister Drive Plaza Inc., 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 18 meeting at which Charles Swanton of the Exhibition Association and Myles Martin of Plaza (Atlantic) Ltd. spoke on behalf of the applicant in agreement with the staff recommendation, and Steve Cronk of 199 Mark Drive indicated that, although he is not opposed to the development, he has concerns about compensatory floodwater storage 87 -520 COMMON COUNCIL MAY 25,1999 and traffic on McAllister Drive; and recommending that Common Council re-zone a parcel of land located at 111-113 McAllister Drive, having a frontage of approximately 250 feet, a depth of approximately 300 feet and an area of approximately 1.7 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre 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 proposed Phase 2 development, consisting of a strip mall with a maximum floor area of approximately 16,400 square feet and associated parking area, which shall be integrated with the previously-approved Phase 1 parking area; (b) the developer must pave all parking areas, loading areas, manoeuvring area and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) direct access to the Phase 2 development from McAllister Drive is limited to one driveway; (e) all utilities, including power and telephone, must be provided underground; (f) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved, such plan to be attached to the building permit for the development; and (h) all site improvements shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval. (Councillor Chase re-entered the meeting.) Charles Swanton, Treasurer of the Saint John Exhibition Association, appeared in support of the proposed re-zoning and concurred with Planning staff's recommendation which was endorsed by the Planning Advisory Committee. Mr. Swanton commented on the Exhibition Association's 11 O-year history in the City of Saint John, as well as the 1991 completion of its Master Plan Study which identified, among other things, a number of acres of property surplus to the Association's needs, a portion of which is before Council at this time for re-zoning and would result in a continuation of the quality type of development that has taken place to date on this property, noting the presence at the meeting of Michael Zakuta of the Plaza Group, developer of the subject area, as well as the employment and the increase in the tax base created as a result of the development in this area. 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 111-113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, from "P" Park to "SC" Shopping Centre classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 111-113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, from "P" Park to "SC" Shopping Centre 87 -521 COMMON COUNCIL MAY 25,1999 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. 4. Municipal Plan Amendment Re Property at 812 Grandview Avenue Public presentation was made of 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 13 acres, located at 812 Grandview Avenue (NBGIC Number 348342), from Low Density Residential to Heavy Industrial classification, to permit re-zoning of the property and the construction of a maintenance garage on site to be used in conjunction with the existing use of the property for the storage of construction vehicles, as requested by Thomas Construction Limited. 5. Mavor's Remarks The Mayor proclaimed May 30 to June 5, 1999 as Disability Awareness Week in the City of Saint John, the City being committed to assisting citizens with disabilities to participate fully in the resources of the community. * Added Item On motion of Councillor Desmond Seconded by Councillor White RESOLVED that a Committee of the Whole report of May 17, 1999 be added to the agenda of this meeting for consideration as item 5A. Question being taken, the motion was carried. *5A. 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 17, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of the Old General Hospital and Nurses' Residence sites on Waterloo Street, identified on the submitted plan as NBGIC Numbers 55048334, 14514,13326, 14522, 14530, 16105, 16113, 16121 and 16139, to Matrix Management Inc., for the purchase price of $650,000 plus HST if applicable; the closing date be on or before June 30, 1999, and the Mayor and Common Clerk be authorized to execute the deed. Tuesday, May 25, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87 -522 COMMON COUNCIL MAY 25,1999 5A. Sale Of Old General Hospital And Nurses' Residence Sites On motion of Councillor Court Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 6. Per Diem Rate For Attendance At FCM Annual Conference Read a letter from Mayor McAlary advising that, under Council's Salary By-law, a motion of Council is required to authorize payment of the per diem rate to the Mayor and members of Council attending the annual conference of the Federation of Canadian Municipalities; and setting out a resolution in this regard. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that authority be granted to pay the per diem rate under Council's Salary By-law to Mayor McAlary, Deputy Mayor Chase and Councillors Trites, Vincent, Fitzpatrick, Ball, Desmond, Titus, White and Court, who will be attending the 1999 Annual Conference of the Federation of Canadian Municipalities in Halifax, Nova Scotia, from June 4 to June 7, 1999. Question being taken, the motion was carried. 7. Former Rail Line At Keans Road & Duck Cove Consideration was given to a letter from Councillor Fitzpatrick advising that he would like to discuss the matter of the former rail line at Keans Road and Duck Cove on the West Side with a view to referring this issue to staff and/or the Legal Department to obtain answers for citizens who are concerned with who actually owns the right-of-way and the uses thereof. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the above matter be referred to the City Manager and the City Solicitor for a report to Council. Question being taken, the motion was carried. 8. Tender For Contract 99-5 On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Contract 99-5, Phase VIII closure Spruce Lake landfill, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $352,747.50, as based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. 87 -523 COMMON COUNCIL MAY 25,1999 9. Tender For Personal Computers On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement, with a maximum term of 12 months, for the supply of personal computer equipment, be awarded to the lowest tenderer to meet the specifications and requirements in each of the 4 sections of the tender as follows: Section #1 PC desktops to Cox Radio and TV Services Ltd., Sections #2 and #4 to MIT Ltd., and Section #3 to ICS Ltd., as per the prices submitted in their tender responses and contained in the submitted summary of bids. (Councillor Titus re-entered the meeting.) Question being taken, the motion was carried. 10. Funding For Island View School PlaVQround On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Council (1) support the development of the Island View School Playground, as proposed to Council on May 3, 1999 by the Island View School Playground Committee; and (2) authorize that the City of Saint John contribute up to $11,426.40 from the Land for Public Purposes Trust fund in support of the development. Question being taken, the motion was carried. 11. FundinQ For Seawod School PlaVQround On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council (1) support the development of the Seawood School Playground, as proposed to Council on May 3, 1999 by the Seawood School Playground Committee; and (2) authorize that the City of Saint John contribute up to $6,636.03 from the Land for Public Purposes Trust Fund in support of the development. Question being taken, the motion was carried. 12. Re Naming Of Corner Of Union and Crown & SiQnaQe On Marco Polo BridQe Consideration was given to a report from the City Manager further to Council's consideration on April 12, 1999 of Barry Odgen's request for the City to consider naming the corner of Union and Crown Streets as James Smith Corner, and to erect more prominent signage on the Marco Polo Bridge. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sign be erected in a prominent location denoting the Marco Polo Bridge, and the request to name a corner James Smith Corner be deferred until such time as the Marco Polo Project proceeds. Question being taken, the motion was carried with Councillor Desmond voting "nay". 87 -524 COMMON COUNCIL MAY 25,1999 13. Fundy Region Solid Waste Commission's Intention To Vote On BorrowinQ Resolutions On motion of Councillor White Seconded by Councillor Court RESOLVED that the report from City Manager providing general commentary on the borrowing levels being contemplated by the Fundy Region Solid Waste Commission, further to the Commission's notice of intention to Council on May 10, 1999 in this regard; and recommending that Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the proposed borrowing resolutions when they are brought before the Commission for approval -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 14. Greater Saint John Economic Development Commission's Request For Cash Reserve On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the report from the City Manager providing general commentary on the request of Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John) at Council's May 17, 1999 meeting, for approval to establish a reserve to be funded through operating surpluses; and recommending that Common Council deny the request to establish a reserve from surpluses -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor Ball voting "nay". 15. Cornelius Bean's Cafe - Request To Place Tables & Chairs On Sidewalk, 68 KinQ Street Read a report from the City Manager further to the request to Council on May 17, 1999 of Cornelius Bean's Cafe to place tables and chairs for outdoor dining at the front of 68 King Street. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Council grant permission to Cornelius Bean's Cafe to place two or three tables and associated chairs at the front of 68 King Street, 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, and 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 in a manner that would obscure the visibility of the fire hydrant; and (6) approval is for the period May 24, 1999 to September 30, 1999. Question being taken, the motion was carried. 16. Traffic By-law Amendment Re ParkinQ On Candlewood Lane On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the report from the City Manager advising of a request from Property Maintenance Ltd., representing the homeowners of Candlewood Lane, for parking to be restricted on both sides of Candlewood Lane; and recommending that the proposed Traffic By-law receive first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted. 87 -525 COMMON COUNCIL MAY 25,1999 Councillor Desmond, in expressing disagreement with restricting parking on both sides of Candlewood Lane, suggested a one-side parking ban only which would be consistent with, for example, the width of Rosedale Crescent under item 17 on the agenda of this meeting for which one-side parking is proposed; and, in response to his proposing of an amendment to the motion to allow one-side parking probably on the left side where it was previously, the Mayor expressed the view that, rather than amending the motion, this would be a new motion which, if the motion on the floor were defeated, could subsequently be proposed. The Mayor advised that she could not support the motion based on her understanding that not all Candlewood Lane residents agreed with the parking restriction, although she could agree with parking on one side only. Councillor Fitzpatrick proposed that the matter could be tabled for further information. Councillor Chase spoke in favour of banning parking on only one side of the street; and Councillor Court expressed concern about the possibility that not all residents of Candlewood Lane agreed with a parking ban on both sides of the street to which Mr. Groody advised that staff had been assured by Property Maintenance Ltd. that the residents were in support of this; however, if the matter were referred back, staff would make sure that individual citizens were contacted. Councillor Trites suggested that, as he would think consistency would be to meet what the neighbourhood unanimously agreed to which may not be the case here, the matter should be referred back to staff to find out what the breakdown is. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was lost with the Mayor, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites and White voting "nay". On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that parking be allowed on the left side of Candlewood Lane. Mr. Groody advised that the reason for the request for the matter to be referred back was because the By-law had to determine on which side of the street parking would be restricted. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for a recommendation on which side of Candlewood Lane one-side parking should be allowed. Question being taken, the referral motion was carried. 17. Traffic By-law Amendment Re ParkinQ On Rosedale Crescent On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the report from the City Manager advising of a request from residents of Rosedale Crescent for a parking restriction on one side of the Crescent; and recommending that the proposed Traffic By- law receive first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Rosedale Crescent, be read a first time. Question being taken, the motion was carried. 87 -526 COMMON COUNCIL MAY 25,1999 Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Court Seconded by Councillor Trites 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 Rosedale Crescent, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 18. Establishment ChanQe - Corporate Services Read a report from the City Manager advising of the need for an additional stockkeeper in the Materials Management Section of Corporate Services with the introduction in 1998 of shift work, specifically in the areas of Works Operations and Water and Sewerage, as well as the need for a fully qualified mechanic with the recent amalgamation of Materials Management and Fleet under Corporate Services, and that, rather than increase the Establishment, the proposal is to eliminate a vacant Labourer position in Real Estate and Facility Management thereby creating an available position which would move to Corporate Services and be upgraded to a Stockkeeper, as well as to eliminate a recently vacated Labourer position in the mechanical garage and upgrade it to a Mechanic position; and also advising that these positions are covered by the collective agreement with Local 18 (Outside Workers), and staff's discussions with Local 18 towards making this change have encountered no opposition. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council amend the Establishment as follows: (1) reduce the number of Labourer positions in Real Estate and Facility Management by one; (2) increase the number of Stockkeeper positions in Corporate Services from four to five; (3) eliminate one Labourer position in Corporate Services Mechanical Garage; and (4) increase the number of Mechanic positions from twelve to thirteen. Question being taken, the motion was carried. 19. FCM's Recommended Resolution On Municipal Infrastructure In Millennium BudQet Consideration was given to a letter from the City Manager submitting information from the Federation of Canadian Municipalities regarding the Federal Minister of Finance's indication, publicly, of his interest in FCM's call for a new core municipal infrastructure program with environmental benefits in the Year 2000 Federal budget (Millennium Budget), and submitting a model resolution with the invitation that councils use it, in part or in whole or adapted to reflect their local circumstances, to communicate with members of Parliament and the Federal Cabinet; and recommending that it would be appropriate for Council to adopt the recommended resolution and to respond to FCM, the Prime Minister, and the Minister of Finance. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the following resolution be adopted, namely: "WHEREAS the FCM-inspired $7-million, six-year Canada Infrastructure Works Program (CIWP) - described by Prime Minister Jean Chretien at the FCM 1998 Annual Conference, as" one of the proudest achievements of our government", 87 -527 COMMON COUNCIL MAY 25,1999 exceeded original projections, funding 17,000 projects that created assets of lasting value and generated more than 130,000 short-term jobs, and set a new standard for intergovernmental cooperation in Canada; WHEREAS the CIWP could not fully address Canada's long-term infrastructure needs given the extent of the problem revealed in various FCM studies completed between 1985 and 1996; WHEREAS the City of Saint John has benefitted from the CIWP but still has a number of outstanding infrastructure projects which it cannot finance out of municipal revenues alone; WHEREAS FCM is dedicated to improving the quality of life in all communities; WHEREAS the Millennium Budget offers an opportunity for achieving an improved quality of life and ensuring sustainable communities; WHEREAS the FCM National Board of Directors has endorsed a new long-term national infrastructure program with environmental benefits as a component of a sustainable communities strategy; WHEREAS the FCM proposal, with the theme CLEAN AIR, CLEAN WATER, CLEAN SOl L, calls for flexibility to accommodate equally the needs of rural/small communities and large municipalities, supporting: waste management systems (waste diversion, product stewardship, upgrading landfill sites, methane capture, upgrading incineration technology to meet new requirements for dioxins and furans and mercury emissions); water efficiency (water conservation, sewage upgrades to reduce contaminants in water effluent and water treatment alternatives such as settling ponds and wetlands); energy efficiency (alternative energy sources, energy efficiency, vehicle emissions testing and public transit); mobility (investment in road repair and upgrades, commuter rail, and advanced technology public transit like Ballard Fuel Cell buses); and main-street and urban core renewal; WHEREAS such investments will create jobs, reduce pollution, save taxpayers money resulting from reduced health and environmental damage, improve the efficiency of the economy and make Canada more competitive, productive and innovative; and WHEREAS Canada is a leader in environmental technologies: BE IT RESOLVED that the City of Saint John endorses the Federation of Canadian Municipalities' (FCM) call for a long-term national core municipal infrastructure program highlighting environmental benefits, in the Federal Millennium Budget: BE IT FURTHER RESOLVED that the City of Saint John, through letters, personal messages and/or other communications, will urge local members of Parliament to support FCM's Millennium Budget proposal and to communicate their support to the Minister of Finance: BE IT FURTHER RESOLVED that the City of Saint John, through letters, personal meetings and/or other communications, will urge the Prime Minister, the Minister of Finance, other members of the Federal Cabinet and members of the Government of New Brunswick to support FCM's Millennium Budget proposal: BE IT FURTHER RESOLVED that the City of Saint John will communicate the urgent need for a new municipal infrastructure program with environmental benefits to neighbouring communities: BE IT FURTHER RESOLVED that the City of Saint John will communicate to local media and the public its support for FCM's Millennium Budget proposal." . Question being taken, the motion was carried. 87 -528 COMMON COUNCIL MAY 25,1999 20. Application #1 - Business Park Development Incentive ProQram Read a report from the City Manager advising of Somerset Investments Ltd.'s application for funding under the Infrastructure Development Incentive aspect of the Business Park Development Incentive Program for a Business Park of 50 acres more or less, located in the North End on lands generally bound by Somerset Street, Ropewalk Road, Sussex Drive and Limekiln Road; also advising that the applicant has secured the Business Park's first occupant, that being Xerox of Canada and, as per the estimated development costs, is eligible for the maximum funding available under the Incentive Program ($500,000); and recommending acceptance of this application. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council accept the application from Somerset Investments Ltd. for assistance under the Infrastructure Development Incentive of the Business Park Development Incentive Program, for an estimated grant of $500,000; authorize the entering into of an agreement with Somerset Investments Ltd. to facilitate the payment of the Incentive; and the Mayor and Common Clerk be authorized to execute the agreements. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 21. Street Closing By-law Amendment Re Moore Street & Osborne Avenue Consideration was given to a report from the City Manager advising that, further to Common Council resolution of October 20, 1997 authorizing the sale of Moore Street lands as the result of a public proposal call, L.S.O. Enterprises Ltd. (Gerry Lowe) has hired an architect and surveyor to assess the subject lands and preliminary design and cost estimates have indicated that redevelopment of Moore Street, as is, is not feasible; also advising that a proposal has been developed which would make the redevelopment of Moore Street viable and, as per the proposal, Mr. Lowe is requesting that the City close a portion of Osborne Avenue and Moore Street, convey street land to L.S.O. Enterprises, along with 2,400 m2 of additional land, on which L.S.O. Enterprises proposes a 17-18 unit townhouse development for which, on a cursory basis, staff noted would require zoning and subdivision plan approval. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize the publishing of a notice of intention to consider the enacting of a by-law to stop up and close an 800 m2:t portion of Osborne Avenue (public street) and a 500 m2:t portion of Moore Street (public street), as generally shown on the submitted plan; L.S.O. Enterprises Ltd. be advised that the advertisement of the proposed street closures does not explicitly or implicitly obligate Council to close the subject portions of streets or approval of any future re-zoning application arising therefrom; and, upon closure of the subject portion of streets, staff be authorized to negotiate the sale of the newly created parcels with L.S.O. Enterprises Ltd., upon completion of which, a report would be presented to Council for consideration. Councillor Desmond advised that he could not support blocking off a portion of Osborne Avenue in that, in order to protect the view of the houses on the upper side as indicated in the above report, the developer owns the lower side and could move the houses forward, and also on the basis that Millidge Street, which is a steep street, is a problem in the winter and the new Cavanaugh Court development at the end of Osborne Avenue needs an access to the North End without having to climb or go down a steep hill. Question being taken, the motion was carried with Councillor Desmond voting "nay". 87 -529 COMMON COUNCIL MAY 25,1999 22. Proposed All Terrain Vehicles Bv-Iaw Read a report from the City Manager submitting a draft All Terrain Vehicles By-law with respect to the use of all terrain vehicles on certain municipal beaches and trail systems. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, the submitted draft All Terrain Vehicles By-law be referred to the Saint John Board of Police Commissioners for comment and a report respecting enforcement. During discussion the Mayor noted the requests over the last three or four years from citizens of the Western Beaches area for such a by-law because of the damage caused by all terrain vehicles travelling in that area, and Mr. Totten advised that, other than referral to the Board of Police Commissioners, the Legal Department would have to look at the amount of the fines in terms of what authority under the governing act stipulates those and also, internally, the Recreation and Parks staff would have to determine if there are other areas not included on Schedule "A" that should be considered as part of this by-law. Mr. Nugent made the observation that the by-law before Council was a working draft with certain issues to be pursued further before coming back to Council with a document for consideration; however, it would be helpful, if Council was of the view that fines should be greater than those expressed in the draft by-law, to advise staff; and confirmed the intent for, after referral to the Police Commission, the matter to come back to Council through staff. Question being taken, the motion was carried. 23. Zoning By-law Amendment To Re-zone McAllister Drive Property For East Works Depot Consideration was given to a report from the City Manager advising that a review of several potential sites in East Saint John for the construction of a new East Works Depot has identified a site on McAllister Drive as the best location for this facility; and recommending the initiation of a re-zoning process as, in order to construct a municipal maintenance facility, the property must be re-zoned to Utility and Service Zone (US). On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the proposed re-zoning of the portion of two properties identified as NBGIC Numbers 313429 and 5511691 from McAllister Drive to a line parallel to and 60 metres west of Lakewood Avenue West, as shown on the submitted plan, 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. 24. 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 17, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 87 -530 COMMON COUNCIL MAY 25,1999 1. That as recommended by the City Manager, Common Council authorize the sale of a 1,770 m2:t portion of the former Cedar Point Road right-of-way, being a portion of NBGIC Number 55101729, as generally shown on the submitted plan, to Cedar Point Estates Limited for the purchase price of $2,000 plus HST; the purchase price include the cost of subdividing the subject property for the purpose of the sale, and the Mayor and Common Clerk be authorized to execute the deed. 2. That as recommended by the City Manager, the City of Saint John enter into the submitted agreement with H. Alan Church, for the soliciting and placing of advertising in or on designated facilities owned or operated by the City, and the Mayor and Common Clerk be authorized to execute the said agreement. Tuesday, May 25, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 24.1. Sale Of Portion Of Former Cedar Point Road RiQht-Of-Wav On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 24.2. AdvertisinQ AQreement On motion of Councillor White Seconded by Councillor Desmond RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 25. Planning Advisory Committee Re Street VestinQ Westfield/Birchmount Roads On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced tentative subdivision plans with regard to 2484 Westfield Road and 30 Birchmount Road that would vest Part "A" and Part "B" for street purposes. Question being taken, the motion was carried. 26. Saint John Development Corporation Election Of Officers & Financial Statements On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Saint John Development Corporation advising of the recent election of the following Directors as Officers of the Corporation: Bill Grant, Chairman; Steve Clarke, Vice Chairman; and Shirley McAlary, Secretary/Treasurer; and submitting a copy of the Corporation's 1998 Audited Financial Statements and the 1998 Audited Financial Statements for the Market Square Parking Garage -- be received and filed. Question being taken, the motion was carried. 87-531 COMMON COUNCIL MAY 25,1999 27. New Brunswick Historical Society Proposed Location Of Imax Theatre On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the New Brunswick Historical Society expressing concern to the City on the proposed location of an Imax theatre in Market Square and its strong opposition to any consent by the City to the proposal to locate a theatre on this historic site; and suggesting that, if Imax wishes to locate in the City, it look at other sites -- be received and filed. Question being taken, the motion was carried. 28. Visit Canada Visitez - Establishment Of WalkinQ Trail In Rockwood Park The Mayor made the observation that, on a project such as an interpretative walking trail for which funding is being applied through the Year 2000 grant, the City sends a letter in support of such projects, one to the Federal office and one to the Provincial office; and also that the Rockwood Park Advisory Board is in support of the Visit Canada Visitez project and has sent a letter of support. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Visit Canada Visitez, a non-profit group of patriotic Canadians committed to the establishment of an interpretative walking trail in Rockwood Park to be officially opened in the Year 2000 to commemorate Canada; providing an update of its activities during the past three years and its registration as a Millennium Project; and requesting (1) that a contact person be named as Council's official representative for further communications; (2) a letter suggesting methods wherein the group can promote the facility and incorporate the City of Saint John's participation; and (3) financial support for this $450,000 project in the Year 2000 budget -- be received and filed and a letter of support be forwarded to each of the Federal and Provincial Year 2000 Grant Program. Question being taken, the motion was carried. 29. Gregory Lane Residents Re Upgrading Of Road To A City-Maintained Status On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from Jerry Power for the residents of Gregory Lane requesting that Gregory Lane, which is classified as a private roadway by the City, be upgraded to a City-maintained road because of the volume of traffic and the dangerous access onto Sand Cove Road, and that the City (1) improve the exit/entrance onto Sand Cove Road, (2) install signage to indicate a dead end/no exit roadway; and (3) bring the road up to City standard -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 30. Kelly Carpenter - Servicing Of Property At Carpenter Place On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Kelly Carpenter advising of his interest in building a residence on his property at the end of Carpenter Place in West Saint John and the City Engineering's indication that, although he would like to tap into the one-inch line that services 100 Carpenter Place, he would be responsible for putting in an eight-inch water line from Manawagonish Road down to 87 -532 COMMON COUNCIL MAY 25,1999 his property; explaining why he thinks the City should be responsible for this line; and asking for attention and a decision in this issue -- be referred to the City Manager. Question being taken, the motion was carried. 31. Kennebecasis Rowing Club - Funding 1999 Atlantic RowinQ Championships On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Kennebecasis Rowing Club requesting the sum of $5000 through the L. R. Ross Memorial Fund for the 1999 Atlantic Rowing Championships to be hosted by the Club on July 3, 1999 and also for a construction project the Club is undertaking -- be referred to the City Manager. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 32. Saint John Free Public Library Re 1999 Atlantic Provinces Conference On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Free Public Library advising of its involvement in preparation for the 1999 Conference of the Atlantic Provinces Library Association to be held in Saint John May 27 to 30 -- be received and filed and the Library be thanked for the information in this regard. Question being taken, the motion was carried. 33. Fundy Bay Holdings Ltd. Re-zoning Of Site 1, Latimore Lake Road On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the application of Fundy Bay Holdings Ltd. for the re-zoning of Site 1, Latimore Lake 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, July 12,1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 34. Brian G. Eisan - Re-zoning Of 225 St. John Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Brian G. Eisan for the re-zoning of property located at 225 St. John 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, July 12,1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87 -533 COMMON COUNCIL MAY 25,1999 35. Dynamic Construction Co. Ltd. Re Glen Falls Property On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Dynamic Construction Co. Ltd. requesting Council to instruct City staff to compensate it, in coordination with Provincial officials, for its Glen Falls properties effectively expropriated -- be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk