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1999-07-12_Minutes 87 -596 COMMON COUNCIL JULY 12, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of July, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, 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; S. Galbraith, Director of Works; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; R. Pollock, Planner; 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. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on June 28, 1999, be approved. Question being taken, the motion was carried. 7. Mavor's Remarks The Mayor noted the marigold-planting project undertaken by Barry Ogden and a number of students, along with City staff, referencing a poster in this regard on display in the Council Chamber. Mayor McAlary advised that, under the City Charter, Council could appoint Honourary Charter Officials for the City of Saint John; and, for the year May 18, 1999 to May 17, 2000, the following people were being honoured in this manner: Douglas Spinney - Bell Ringer; Betty Speight - Surveyor of Bread; Harold Mayes - Warden of the Port; George Fisher - Inspector of Timber; Wallace MacMurray - Gauger; David Huestis - Surveyor Highways; Edis Flewwelling - Port Master; Pam Coates - Measurer of Food Stuff; Dennis Knibb - Pilot; and Elizabeth Allen - Pilot; and presented Honourary Charter Official certificates to the recipients who were present at the meeting, noting that Harold Mayes and George Fisher, who were not present, would be given their certificates at a later date. 3. Zoning By-law Amendment To Re-zone 475 Latimore Lake 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 475 Latimore Lake Road (portions of NBGIC Numbers 335034 and 327106), having an area of approximately 55 acres, from "RS-1" One and Two Family Suburban Residential and "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "RF" Rural classification, to permit the extraction, processing and removal of gravel material from the subject site, as requested by Fundy Bay Holdings Ltd., and 3{c) a letter was received from Hughes Surveys & Consultants Ltd. submitting a request from its client, Fundy Bay Holdings Ltd., to withdraw its request for re-zoning; as well as 3{d) a letter from the 87 -597 COMMON COUNCIL JULY 12, 1999 Latimore Lake & Area Residents Association objecting to the request for withdrawal of the application for re-zoning and asking Council to proceed with the process of the public hearing and deal with this issue at this meeting. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, letters and a petition against the application, which were considered at the Committee's June 22, 1999 meeting at which Rick Turner of Hughes Surveys & Consultants Ltd. and Stephen Langille of Fundy Bay Holdings Ltd. expressed disagreement with the staff recommendation that the temporary use and re-zoning be denied, and a large number of persons attended the meeting in opposition to the application and Odette McGrath, Terrence Gray, Margaret Dube, Jeff Sullivan and Gordon Dalzell addressed the Committee on behalf of the residents; advising that the Committee approved the applicant's request for approval of a temporary use to remove material for a limited time period of 30 days, provided that no excavation occurs at the existing pit when the temporary pit is being excavated; and recommending that Common Council deny the proposed re-zoning. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of Fundy Bay Holdings Ltd. for the re-zoning of property at 475 Latimore Lake Road be withdrawn. Councillor Vincent spoke against the motion on the basis of fairness to both the people adversely affected by the application and the applicant; and expressed the view that this issue should be addressed at this time, although it would be a departure from the normal route in that when a withdrawal is requested it is normally but not necessarily granted. Councillor Court advised his opposition to the motion because the residents have a right to be heard; and Councillor Chase spoke in favour of proceeding with the public hearing in anticipation that the applicant, having heard the anguish the local residents are going through, may decide to commit to only operating his properly regulated pit, as it is his understanding that the applicant can get the gravel needed to fill its present contracts from its present quarry and does not need to take it from the new site. Councillor Desmond clarified that, while he moved the motion because it was the normal practice to withdraw an application upon request, he had no objection to hearing presentations. In response to Councillor White's question as to possible legal ramifications should Council proceed as proposed as it has been the standard practice or policy to accept applicants' requests for withdrawal of such applications and not move ahead, Mr. Nugent expressed the view that it was not a unilateral right to withdraw and. in responding to that request and while such requests have been acceded to in the past, it is nonetheless a matter for the discretion of Council whether or not to proceed based upon legitimate considerations Council makes in good faith. Deputy Mayor Chase spoke on the basis that he was prepared to proceed with the public hearing. Question being taken, the motion was lost with the Mayor, Deputy Mayor Chase and Councillors Chase, Court, Desmond, Vincent and White voting "nay". The Mayor noted that the public hearing in the above regard would now proceed. Odette McGrath of 31 Lackie Road, spokesperson for the Latimore Lake & Area Residents Association, appeared in opposition to the proposed re-zoning, and advised the intent for Terrence Gray to speak first, followed by her and subsequently Margaret Dube. In view of a request for a five-minute recess in order for the Association to set up its slide and video equipment, the Mayor suggested that agenda items 5 and 7 could be considered in the interim. 5. Helena Harvev - PaintinQ Round Helena Harvey for Painting Round displayed a grouping of heritage magnets prepared and sold by her at the City Market, and presented this to the City. Ms. Harvey also presented magnets to the individual Council members. The Mayor 87 -598 COMMON COUNCIL JULY 12, 1999 thanked Ms. Harvey for her presentation and advised that she would place the grouping in a prominent place. 7. Mavor's Remarks Councillor White advised the intention, during Festival By The Sea performances on August 6 to 15, 1999, to re-route heavy truck traffic from St. Patrick Street, from 7:30 p.m. to 10:30 p.m., as there is an issue with safety and noise. Councillor Court congratulated the International Longshoremen's Association on its celebration this month of its 150th anniversary; and the Mayor thanked the Fire, Police and Municipal Operations workers, as well as the EMO Team, for their efforts during the diesel oil spill in the Reversing Falls Bridge area on July 7. Lovalist HeritaQe Festival Committee Chris Hagerman, 2nd Vice President of the Loyalist Heritage Festival Committee for 1999, expressed appreciation for the support given the Festival, and presented old Loyalist Days coins and prints from former Loyalist Days to the Mayor and Council members. Mr. Hagerman advised that the Committee, having already begun organizing the 2000 Loyalist Heritage Festival, was looking forward to the support of the City of Saint John next year as well. 3. Terrence Gray of Nicolle Road in Latimore Lake, in addressing Council in opposition to the proposed re-zoning, presented slides of vehicular traffic, including school buses and trucks, on Latimore Lake and Hickey Roads and Grandview Avenue to illustrate the condition of these streets in terms of ruts, culverts, curves and incline, narrow shoulders, the extent of vegetation cut-back and rock spillage, in view of a concern about the safety of pedestrian traffic in the area, including children waiting for school buses; and also showed slides of trucks hauling untarped loads of sand; and expressed concern that, in view of the number of people in the area with breathing problems based on a survey while petitioning the residents, about the effect of gravel pits on the quality of life in the area. Odette McGrath, speaking in opposition to the proposed re-zoning, presented slides of the subject area from 1970 to 1999 to show the extent to which aggregate has been taken out over the years, as well as the overall appearance of the Latimore Lake Road area in terms of the residents' desire to retain the remaining trees so that it does not look like they are living in an industrial area and their concern that, if the proposed gravel pit were permitted, what the area would look like in the future in view of Fundy Bay Holdings' lack of rehabilitation in the past twenty-five years of its existing pit across the road. Ms. McGrath noted that Latimore Lake Road, which is only two and a half miles long, now has at least five gravel pits, four of which are running, and also that, although the applicant requested a temporary use in order to excavate gravel material from the subject site, the applicant has plenty of aggregate which he can move from his existing pit. Ms. McGrath commented on a reference in Planning staff's report to material having been removed from the site prior to the issuance of a stop work order by the Building Inspector, as well as a reference to the need to exercise care to prevent runoff into and siltation of the stream to the north; and expressed concern about possible water contamination. Ms. McGrath showed slides in the area of the applicant's existing gravel pit on Latimore Lake Road to illustrate the lack of trees and buffer zones to protect residents from dust and blowing sand, as well as slides of residences in the area, noting the concern about gravel pits depreciating their value; and compared the amount of property taxes paid by Fundy Bay Holdings Ltd. to the amount paid by residents. Ms. McGrath concluded her remarks with a statement on behalf of the residents to the effect that they do not want any more gravel pits at Latimore Lake, and showed a videotape of trucks hauling from the access road to the subject site on May 28, 1999 before the temporary permit was in effect. Ms. McGrath noted the number of residents present at the meeting in opposition to the proposed re-zoning. Margaret Dube of 1330 Grandview Avenue addressed Council in opposition to the proposed re-zoning; explained that the reason she was complaining about a proposal on Latimore Lake Road was because she gets all the trucks, the dust and the falling rocks; and commented on the amount of property taxes paid by residents of Grandview Avenue and the Latimore Lake area compared to the amount paid for taxes for a pit, and the effect on the City's tax base should residents apply to the 87 -599 COMMON COUNCIL JULY 12, 1999 Province for a property tax reduction, as well as the effect on residential development in an area where there are gravel pits. Ms. Dube displayed a map to show a property in the area of McLaughlin, Cottage and Black River Roads area for which a gravel pit use is anticipated; and expressed concern about broken windshields in vehicles caused by rocks falling from trucks, possible hearing damage from exposure to noise from trucks, and accidents on Grandview Avenue which is not properly equipped to sustain the amount of traffic and the situations out in that area. Ms. Dube noted the number of schools in the area of Grandview Avenue, Hickey Road and Latimore Lake Road; and showed slides of various residential properties in the area, as well as of trucks to illustrate landscape and view, and smoke pollution, respectively, as well as slides of other gravel pit locations, and an access road to the subject property. Ms. Dube made the observation that, as advised while a member of Pits and Quarries Strategy Committee, there was no need to open new gravel pits in the City as there was enough material in the existing pits to do the City for the next fifty years; and also expressed concern about the possibility of other gravel pits opening in the area, the effect of gravel pits on the quality of life and enjoyment of property, and the lack of rehabilitation of existing pits. Garry Prosser of Red Head spoke against the proposed re-zoning, noting his membership on the Pits and Quarries Strategy Committee; and suggested that the applicant's request to withdraw the application was an indication that he does not need the re-zoning as he has an adequate supply of resource, thus Council should deny the re-zoning. Mr. Prosser commented on the issue of a stop work order, as well as a concern about the conduct of Planning Advisory Committee members in dealing with this issue on June 22, 1999, and referenced a January 1967 newspaper article on a bill of rights for individual communities to shape their communities which was read into the record by the Mayor at the first meeting of the newly amalgamated City of Saint John. Stephen Langille, Manager of Fundy Bay Holdings Ltd., appeared in support of the application; and advised that, as it was his understanding that the withdrawal of an application meant that the application would not be heard and this was the standard and regular practice of the City, he was not prepared to proceed with his application at this time as his representative, Rick Turner, was not present and had not heard the presentation of those against, and he could not proceed with his presentation in favour of this application. In response to whether or not Mr. Langille had any comment on the issue of illegal operation, Mr. Langille advised that he was not prepared to comment on anything at this time as he was not in a position to do so; and added that he did not want to participate in the process at this meeting, and only found out very late this afternoon that it was possible that Council could refuse to withdraw his application. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the application of Fundy Bay Holdings Ltd. for the re-zoning of property at 475 Latimore Lake Road be denied. Councillor Vincent asked if this constituted a proper holding of a public hearing, there having been a proper request for withdrawal by the applicant which Council saw fit by majority vote, and with the legal right albeit any previous precedents, to proceed with the public hearing, and in view of the applicant's comments that he was not prepared to proceed with his portion of the public hearing, and if the City Solicitor considered this public hearing duly called, held and concluded. Mr. Nugent responded on the basis of his understanding of Mr. Langille's indication that he was of the understanding that it had been the practice of Council to accede to requests to withdraw applications for re-zoning in the past and on that basis he presumed that the same would occur in this instance and it was not until sometime on this date that he was alerted to the fact that that might not necessarily be the case; and expressed the view that, while it is unfortunate that Mr. Langille's firm was not prepared to proceed with the public hearing, all the preliminary statutory requirements in order to conduct a hearing have been satisfied and the decision was now for Council whether or not to amend the By-law to change the zoning of the land of Fundy Bay Holdings Ltd.. Mr. Nugent confirmed that, in his opinion, the public hearing has been properly called, properly conducted and was concluded; and, with respect to Councillor Vincent's comments on the issue of temporary use, made the observation that Council, in this public hearing, 87 -600 COMMON COUNCIL JULY 12, 1999 was dealing with the issue of whether or not to re-zone a piece of property which has nothing to do with the Planning Advisory Committee having granted or how it granted authority to temporarily undertake a use. In response to Councillor Trites, Mr. Nugent advised that, while he could not give any assurance that this would not leave room for appeal to the Provincial Planning Appeal Board and although Council chose not to accede to a request to withdraw a re-zoning application which is a sequence which he did not recall ever having been experienced by Council in the past thus giving rise to a circumstance that he did not think had been encountered before, it would appear to him that on the face of it Council has complied with the requirements placed upon it by the Community Planning Act with respect to its considering a proposed amendment to the Zoning By-law. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the City Manager be requested to bring forward a time line or development of a time frame for dealing with the pits and quarries report, getting it back on the table and dealing with it. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 225-227 St. John Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 225-227 St. John Street (NBGIC Number 365189), having an area of approximately 490 square metres (5,274 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, to place the property in a zone category that reflects the existing use as a three-family dwelling and to permit the construction of a small addition to the building, as requested by Brian G. Eisan, 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 considered at the Committee's July 6, 1999 meeting at which Hodges Hamm, representing the applicant, indicated that the applicant is in agreement with the staff recommendation; and recommending that Common Council re-zone a parcel of land located at 225-227 St. John Street (NBGIC Number 365189), from "R-2" One and Two Family Residential to "R-4" Four Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act having the following conditions: (a) the use of the property is limited to a maximum of three dwelling units; and (b) the existing driveway must be upgraded with a gravel or asphalt surface within six months of the effective date of re-zoning. Hodges Hamm, appearing on behalf of the applicant in support of the proposed re-zoning, advised that the applicant had no problem with Planning staff's recommendation, and asked that the re-zoning be approved. 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 225-227 St. John Street (NBGIC Number 365189), from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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. 87 -601 COMMON COUNCIL JULY 12, 1999 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 225-227 St. John Street (NBGIC Number 365189), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 6. Garry Prosser Re Planning Advisory Committee's Authoritv For Temporarv Use Consideration was given to a letter from Garry Prosser requesting to address Council concerning the recent decision by the Planning Advisory Committee to allow a temporary use - excavation of the property at 475 Latimore Lake Road, the conduct of the Planning Advisory Committee on June 22, 1999, and the authority of the Planning Advisory Committee to allow temporary use of land that includes land alteration and non-reversible acts; i.e. excavation. Garry Prosser of Red Head addressed the above issue, referencing his previously-submitted letter, as well as a document (copies of which he distributed to Council members at this meeting) including questions for the City Solicitor with the request that they be responded to in writing to him; ten recommendations to the Province of New Brunswick with respect to temporary use and re-zoning; and the following three recommended motions by Council: (1) a moratorium be placed on all new gravel pit and/or quarry applications until such time as the gravel pit and quarry resource strategy in some form is adopted into law by Common Council; (2) a moratorium on all new gravel pits where they require the excavation, removal or movement of topsoil, sand, gravel, rock or any other aggregate any deeper than one foot; and (3) points for consideration of changes in the Provincial Municipalities Act, as submitted by Mr. Prosser, be referred to the City Manager and appropriate staff and the City Solicitor and they review and submit their own list of recommendations back to Council within sixty days and, once this list or a revision is approved by Council, it be forwarded to the Province for its consideration for changes to the Municipalities Act, and further that this approved list of recommendations be presented to the Cities Association for endorsement. (Councillor Trites re-entered the meeting during the above presentation.) On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the presentation of Garry Prosser regarding temporary use of property, and gravel pits and/or quarries, be referred to the City Manager for a report to Council. In response to Councillor Vincent's question as to whether or not Council has the authority to alter an award of temporary use by the Planning Advisory Committee, Mr. Nugent responded in the negative, referencing the provision in the City of Saint John Zoning By-law which provides that the Planning Advisory Committee may, subject to any terms and conditions it considers fit, grant authority for a temporary period 87 -602 COMMON COUNCIL JULY 12, 1999 not exceeding a year for a development otherwise prohibited by the Zoning By-law; and explained that the Community Planning Act acts just the opposite giving Council no authority to regulate land use other than that given by the Act and, in looking for where the Act gives authority rather than look for where the Act says that Council cannot do something, the Act gives authority for Council to enact a Zoning By-law to control the use of land and, while not giving Council the right in regulating land to allow temporary development, it indicates that a municipality in its Zoning By-law may allow the Planning Advisory Committee to do that. Mr. Nugent added that, having given this authority to the Planning Advisory Committee, Council does not have the right to sit in appeal and change it but Council could choose either, initially not to give this authority to the Committee or, once given to it, take it away from the Committee; however, once taken from the Committee, Council would not get that authority as the issue would simply be no longer one that could be dealt with from a land regulation point of view of the municipality at all. Question being taken, the motion was carried. 22. Re Authority Of Planning Advisory Committee To Permit Excavation In Residential Zone For Temporary Period On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the report from the City Solicitor further to Council's referral of June 28, 1999 of Garry Prosser's letter raising the matter of the Planning Advisory Committee's authority to permit on a temporary basis excavation on residentially zoned land; expressing the opinion that the Planning Advisory Committee acts within the jurisdiction conferred upon it by the City when it authorizes for a temporary period not exceeding one year, and subject to any terms it considers fit, an excavation which constitutes a development under the Community Planning Act and which is prohibited by the Zoning By-law -- be received and filed. Question being taken, the motion was carried. 9. Latimore Lake Gravel Pit On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED the letter from Councillor Fitzpatrick advising that he would like the opportunity to discuss the issue of the usage of the Latimore Lake gravel pit with the view of referring it to staff for a report on the history of the status to date -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 8. Enhancement Of Water Utilitv Services 9A. Red Head Beach The Mayor suggested a motion to table Councillor Titus' letters, under items 8 and 9A on the agenda of this meeting, until he is present. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letters from Councillor Titus regarding enhancement of the water utility services, and the Red Head Beach be laid on the table pending Councillor Titus' presence. Question being taken, the tabling motion was carried with Deputy Mayor Chase voting "nay". 87 -603 COMMON COUNCIL JULY 12, 1999 10. Water StrateQV - SchedulinQ Of Presentation On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the report from the City Manager referring to the report to Council on March 2, 1998 advising of questions to be asked in a telephone survey intended for typical residential users to determine the public's views on Water and Sewerage services, as part of the development of a water strategy for the City, and submitting the results of the survey; and recommending that Common Council schedule a presentation of the City of Saint John Water Strategy for 8:00 p.m., August 9, 1999, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 11. Re Kelly Carpenter's Request For Water Services - Carpenter Place On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Manager advising that, further to Council's May 25, 1999 referral of Kelly Carpenter's request for permission to make a connection to an existing water service in Carpenter Place, the boundary of who is responsible for what portion of the service is open for debate, as evidenced by the service to 100 Carpenter Place, and also that an excessively long water service will lead to water quality problems and low pressure complaints either caused by deterioration of the service line or by increased water consumption by the user (or users) of the source which could lead to requests for service upgrades and more inappropriate costs to the public; and recommending that Kelly Carpenter's request to service a currently vacant lot at the end of Carpenter Place from the existing water service to the Tourist Information Centre be denied -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 12. Re Lorneville Community & Recreation Association Inc.'s Request For FundinQ Read a report from the City Manager advising that, further to Council's approval on June 28, 1999 of an advance of $5,000 to Lorneville Community & Recreation Centre Inc. for project work, in order to use funds from the Land for Public Purposes Trust Fund for a particular project it must be clear that, upon completion of the project, the public will be provided access for its recreational use and enjoyment and, while the Province has implied such is the case, a more specific statement of this purpose is necessary; and providing suggested wording in this regard as set out in the recommendation. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (1) the City of Saint John support the development of the two projects proposed by Lorneville Community & Recreation Association Inc. as detailed in correspondence to the Mayor and Common Council dated June 18, 1999; and (2) the City of Saint John contribute $24,966 from the Land for Public Purposes Trust Fund in support of these developments, provided that the City of Saint John receives written confirmation from the Province of New Brunswick that the proposed Seaview Trail shall be made available for the recreational use and enjoyment of the general public. Question being taken, the motion was carried. 87-604 COMMON COUNCIL JULY 12, 1999 13. Tender For Contract 99-11 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 99-11, Rockwood Avenue - Oakland Street water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $205,766.10, 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. 14. Sidewalks On Greenhead Road Read a report from the City Manager on the matter of sidewalks on Greenhead Road, further to Council's referrals of June 14, 1999 and June 28, 1999 of letters in this regard. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the following projects for Greenhead Road be included for consideration in the 2000 Capital Transportation Program as a high priority: (1) curb, sidewalk, landscaping and paving (Russell Hill Road to Civic #446) $160,000; and (2) curb, sidewalk, landscaping and paving (Civic #446 to Dwyer Road) $160,000. Question being taken, the motion was carried. 15. Kennebecasis Drive - SeweraQe System Consideration was given to a report from the City Manager suggesting that, further to the previous Minister of the Environment's letter advising that the City's request for cost sharing of the Kennebecasis Drive sanitary sewer project could not be met this year, the City could proceed with this project in 1999, on its own, using the $775,000 budgeted for the project in 1998 and $325,000 from the amount budgeted in 1999, and that efforts continue to secure cost sharing funding from the Province of New Brunswick in the amount of $352,500; and recommending that Council authorize the above-described alternate funding arrangement for the Kennebecasis Drive sewerage system project and the project be tendered and constructed in 1999. A motion was proposed by Councillor White and seconded by Deputy Mayor Chase to adopt the above recommendation. Councillor Trites asked if it could be assumed that the $775,000 was a carry-over from last year for which the City had borrowed as part of last year's Capital Budget, to which Mr. Beckett responded in the negative, and explained why the simpler way for Council to look at this is as an addition to the 1999 Capital Program. Mr. Beckett concurred with Councillor Trites' observation that it was not just a simpler, but a totally different way, of looking at it from what the above report indicated; and apprised Council of the underlying philosophy behind the report. Councillor Trites suggested that the recommendation should be that Council increase the 1999 Capital Budget by $775,000 to facilitate the completion of the sewerage system on Kennebecasis Drive, and Mr. Beckett advised that, from his standpoint, that would be his preference as he did not like to see this whole notion of carry-forwards because, when a capital program was done, it was done, and budgets are the best estimates at a given time as to what the borrowing levels were going to be and the City should deal in more absolutes. Councillor Trites advised that he could not support the recommendation simply because of the way it was worded, the way it read and the way it had been presented to Council in that, while he took from the report that there was a carry-over and the City would be actually expending last year's money, in reality what was being considered was increasing the Capital Budget by $775,000. Mr. Beckett, in acknowledging that a valid argument had been put forward, advised that the justification for that was that the previous year's Capital Budget had been under-expended. 87-605 COMMON COUNCIL JULY 12, 1999 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred back to staff for clarification of the wording. During discussion Mr. Totten advised that, while he would have no difficulty re-wording the report should Council so wish, part of the thrust of what staff has attempted to do in the past is to avoid any situation where there is an automatic carry- over from one year to another, nor has Council normally given authority to carry-over. In response to questions by the Mayor and Councillor Desmond, respectively, as to the effect delaying a decision in this regard would have on completing the project in 1999, Mr. Groody advised that, if Council wanted to proceed, staff would hope for approval as soon as possible, and also that, if a decision were delayed until after August 9, 1999, there would not be time to complete the project in 1999. In response to Councillor Trites' suggestion that the recommendation should be that Council increase the 1999 Capital Budget by $775,000 to facilitate the tendering of the project on Kennebecasis Drive, the Mayor asked if he wanted to change his referral motion. Councillor Trites advised that he would withdraw the referral motion, if the seconder agreed, whereupon Councillor Fitzpatrick indicated in the negative. Question being taken, the referral motion was lost, with the Mayor, Deputy Mayor Chase and Councillors Desmond, White and Vincent voting "nay". The original motion on the floor to adopt the City Manager's recommendation, was noted, and the Mayor suggested re-wording of the motion as indicated. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that Council authorize an additional $775,000 from the 1999 Capital Budget for the Water and Sewerage Utility for the Kennebecasis Drive Sewerage System project, and the project be tendered and constructed in 1999. Councillor Fitzpatrick asked how much the 1999 Capital Budget has been increased since Council approved it, to which Mr. Beckett advised that he did not have the amount available at this time. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 16. Request For City Sponsorship Of Sun Life Skate Canada International Competition On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council agree that Saint John become a Platinum Sponsor of the 1999 Sun Life Skate Canada International Competition through the in-kind and financial contributions as outlined in the City Manager's submitted report dated July 12, 1999, and the financial contribution of $4,500 be provided from the unspecified grant allocation, and further that the Mayor and Common Clerk be authorized to execute any necessary documents. Deputy Mayor Chase, noting the time, asked if Council would be willing to deal with a motion to meet at 4:00 o'clock p.m., July 13, as there were items remaining on the agenda which would require due diligence and he questioned whether or not Council could deal with them accordingly at a late hour, and the Mayor suggested that this could be discussed after consideration of the above item. Question being taken, the motion was carried. 87 -606 COMMON COUNCIL JULY 12, 1999 40. Canadian Figure Skating Association Re Sponsorship Skate Canada International On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Canadian Figure Skating Association proposing that the City of Saint John become a platinum level sponsor of the 1999 Sun Life Canada International, scheduled for Harbour Station, November 4-7 -- be received and filed. Question being taken, the motion was carried. 17. Proposed Re-Zoning Of 525 McAllister Drive On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the report from the City Manager referring to the proposed re-zoning of property at 525 McAllister Drive to which Council gave first and second readings on June 28, 1999, and advising that the Planning staff report to the Planning Advisory Committee indicated that a portion of the area advertised for re-zoning should be excluded from the area finally re-zoned, being a triangular area that extends back further than the rear lot line of the adjacent RST property, and the sketch attached to the proposed amendment has been drawn to exclude the triangular area; and recommending that Common Council give third reading to the proposed re-zoning of 525 McAllister Drive, excluding the triangular area illustrated on the submitted map -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 26. Zoning By-law Amendment To Re-zone 525 McAllister Drive On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-507 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 525 McAllister Drive (portions of NBGIC Numbers 313429 and 55116941), having a frontage of approximately 180 metres on McAllister Drive and extending to a line parallel to and approximately 60 metres west of Lakewood Avenue West and to a maximum depth of approximately 170 metres (560 feet) from McAllister Drive, from "RS-2" One and Two Family Suburban Residential to "US"_Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-507 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 with Councillor Chase voting "nay". 36. Patrick D. Darrah Re Location Of Works Depot For East Saint John On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the letter from Patrick D. Darrah expressing concern with regard to the location of the proposed East side depot for the Works Department, and recommending that Council take a second look at this as the McAllister Drive location is a very valuable piece of commercial property and would benefit the City's tax base if developed for commercial use -- be received and filed. 87 -607 COMMON COUNCIL JULY 12, 1999 Question being taken, the motion was carried. The Mayor asked if there were consensus to carry on the meeting for at least another thirty minutes. (Councillor Vincent withdrew from the meeting.) 18. Acceptance Of Surrender Of Lease - Mercantile Centre Read a report from the City Manager recommending adoption of the stated resolution as per the submitted letter from the Legal Department further to Common Council resolution of May 31, 1999 authorizing the sale of the freehold interest of 55 Union Street to Ellis-Don (Atlantic) Limited, subject to certain terms and conditions contained in the resolution respecting the City's pedway system. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the City of Saint John accept from Ellis-Don (Atlantic) Limited a surrender of the lease dated April 25, 1991, save and except Article X thereof, made between the City of Saint John and Saint John Mercantile Centre Limited which was assigned to Ellis-Don (Atlantic) Limited on May 21, 1992. Question being taken, the motion was carried. 19. Grandview Avenue WideninQ Consideration was given to a report from the City Manager submitting a request from Irving Oil Limited for the widening of Grandview Avenue with regard to the Irving Oil Refinery Expansion; and recommending that the City respond in a positive and timely fashion by adopting the resolution as stated. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that Common Council authorize Irving Oil Limited, by its employees, agents and contractors and subject to conditions hereinafter stipulated, to construct within the existing road right-of-way of Grandview Avenue, in accordance with the submitted plans prepared by FGA Consultants Ltd., hereinafter referred to as the "Work", and further be it resolved that the foregoing authorization is subject to the following conditions: (1) the design and construction specifications for the Work must comply with those established by the City for similar work and the execution thereof must comply with those specifications as determined solely by the Chief City Engineer; (2) prior to any construction commencing, Irving Oil Limited must deliver to the City proof of comprehensive general liability insurance naming the City as an insured in the amount of $2,000,000 and remaining in force until the satisfactory completion of the Work, as determined solely by the Chief City Engineer; and (3) Irving Oil Limited must complete the Work to the satisfaction of the Chief City Engineer not later than September 30,1999. It was noted that no cost would be incurred by the City with regard to the above work, and staff was asked to look into the possible need for a traffic light at the corner of Red Head Road and Bayside Drive. Question being taken, the motion was carried. 20. License AQreement - IrvinQ Oil Limited On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council authorize the execution of the submitted License Agreement with Irving Oil Limited with regard to a water line to the Irving Oil Refinery site in connection with the expansion of the Irving Oil Refinery. 87 -608 COMMON COUNCIL JULY 12, 1999 The presence of Jim LeBlanc of Irving Oil Limited was noted at the meeting, and he responded to questions about the proposed location of the water line, as well as landscaping plans for the area between the project and adjacent residents' properties. Question being taken, the motion was carried. 21. Amendments To Traffic & Parking Meter Bv-Iaws - ParkinQ On Charlotte Street Read a report from the City Solicitor submitting for Council's consideration of third reading proposed amendments to the Traffic and Parking Meter By-laws in order to remove the loading zone areas on Charlotte Street, between Union Street and King Square North, and allow for the installation of parking meters in those areas. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-laws 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", and "By-law Number M-118-9 A By-law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to Charlotte Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-laws 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", and "By-law Number M-118-9 A By-law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", were read in their entirety. Question being taken, the motion was carried. 23. Police Services - ReportinQ Relationship On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Solicitor briefly describing the treatment by the Police Act of the reporting relationship in matters involving the Saint John Police Force, further to the Mayor's indication at the June 28, 1999 Council meeting that it would be improper for Council members to ask questions of the Deputy Chief of Police who was in attendance at the meeting; pointing out that Council's Procedural By-law has stipulated, at least since 1972, that any member of the City Police shall be Sergeant At Arms on call of the Presiding Officer, and the day before the current Board of Police Commissioners came into existence it was decided to request the Board upon its creation for the Chief of Police, or his designate, to continue to act in the capacity of Sergeant At Arms at Common Council meetings; and expressing the view that Council has a positive responsibility to pursue any question or concern it has related to the issue of the adequacy of the police protection provided by the municipality's Police Force and since it is the Board's primary obligation to provide an adequate police force, any communication respecting that issue should be addressed by Common Council directly to the Board of Police Commissioners and not to the Chief of Police or any other member of the Force -- be received and filed. Question being taken, the motion was carried. 87 -609 COMMON COUNCIL JULY 12, 1999 24(a) Municipal Plan Amendment And (b) Re-ZoninQ 2690 Loch Lomond Road 24{ a) On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and Section 2.4.6.28, a parcel of land with an area of approximately 8 acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC Number 332437), from Low Density Residential to District Centre Commercial classification as an Approved Commercial Development, 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 read in its entirety. Question being taken, the motion was carried. 24{b) On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the by-law entitled, :By-Iaw Number C.P. 100-506 A 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 8 acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC Number 332437), from "RR" One Family Rural 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 pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property to a single-family residence and a car sales lot, not including mechanical or autobody repair. The by-law entitled, "By-law Number C.P. 100-506 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. 25. Zoning By-law Amendment Re Property At 319-321 City Road Consideration was given to third reading of a proposed Zoning By-law amendment with regard to the property located at 319-321 City Road, which was given first and second readings at Council's last meeting. Consideration was also given to a letter from J. Kevin Dobson of Crowe's Place (copies of which were distributed to Council members at this meeting) requesting that Council not proceed with third reading of the proposed by-law amendment as it is his impression that re-zoning would not be accepted by the nearby residents and, being community-minded and wishing to co-exist with such residents, he was requesting that the application be withdrawn until such time as he can properly and reasonably ease the residents concerns. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 87-610 COMMON COUNCIL JULY 12, 1999 27. 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, June 28, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Option Agreement with Red Rose Tea Financial Inc. for the sale and development of the Red Rose Tea and Drury Lane parking lot sites. 2. That as recommended by the City Manager, Common Council (1) adopt the design and construction of the Mark Drive by-pass road (as generally shown on the submitted plan) as a capital project of the City of Saint John; (2) authorize staff to negotiate the acquisition of land and construction easements required for this project; and (3) authorize the issuance of a purchase order and payment in the amount of $24,347.83 plus HST to Godfrey Associates Ltd. to complete the engineering design and prepare tender-ready specifications for the Mark Drive by-pass road. July 12, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 27.1. Option Agreement Re Red Rose Tea And Drurv Lane ParkinQ Lane Sites On motion of Councillor White Seconded by Councillor Desmond RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 27.2. Mark Drive Bv-pass Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 28. Saint John Parking Commission Re Free Metered ParkinQ On Saturdays On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the Saint John Parking Commission submitting survey information from Uptown Saint John Inc. related to the introduction of free unrestricted parking at parking meters, further to Council's June 12, 1999 referral of the issue of free parking on Saturdays; and recommending the following course of action: (1) approval of free unrestricted parking at parking meters on Saturday for a trial period of one year; (2) the Saint John Parking Commission will carry out parking surveys on Saturdays to assess whether the needed turnover of parking is being achieved; and (3) the Saint John Parking Commission in 87 -611 COMMON COUNCIL JULY 12, 1999 conjunction with Uptown Saint John Inc. will submit a report to Common Council in approximately six months with an update on the issue of free Saturday parking; and setting out an amendment to the Parking Meter By-law which should be given first and second readings and referred to the Legal Department appropriate action, should Common Council agree to proceed with the recommendation -- be received and filed and the recommendation adopted: AND FURTHER that the by-law to amend the Parking Meter By-law, with regard to parking at parking meters on Saturday, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-law. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law to amend the Parking Meter By-law, with regard to parking at parking meters on Saturday, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-law. 29. Saint John Industrial Parks Ltd. Re Award Of Tender 99-081201 T On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by Saint John Industrial Parks Ltd., Tender 99-081201T, roadway construction and services - Mcilveen Drive, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $215,854, 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. 30. Saint John Board Of Police Commissioners Re Collective AQreement - CUPE Local 486 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its July 6,1999 resolution approving the 1999-2001 Working Agreement between the City of Saint John Board of Police Commissioners and CUPE Local 486, and authorizing the Chairman and the Secretary of the Board to sign the two Memorandums of Agreement dealing with a Job Evaluation Program and Entry Level Positions -- be received and filed. Question being taken, the motion was carried. 31. Saint John Board Of Police Commissioners Cashier's Office - Differential Response Unit On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Saint John Board of Police Commissioners asking to be informed of how much space will be allocated in the Cashier's Office on the Lobby Level of City Hall to allow expansion of the Differential Response Unit's Office, and when that space will become available to the Police Force to permit the renovations to begin -- be referred to the City Manager for a report to the Saint John Board of Police Commissioners and to so advise Council. 87-612 COMMON COUNCIL JULY 12, 1999 Question being taken, the motion was carried. 32. Saint John Board Of Police Commissioners Settlement - Keith LanQford V City Of Saint John On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its July 6, 1999 resolution that the Chairman and Chief of Police be authorized to sign the documents relating to the Settlement Agreement of Keith Langford -- be received and filed. Question being taken, the motion was carried. 33. Saint John Board Of Police Commissioners Re Problem At Service New Brunswick Location On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Police Commissioners advising that, further to Common Council's May 3, 1999 referral of a letter from Business Centre-Kings Square Ltd., the Board received a verbal report that action was taken by the Force and by St. Malachy's High School to resolve the situation and, realizing that the same problems may occur when the school year resumes in September, the Board adopted a resolution that the situation in the letter be referred to the Chief of Police to take whatever action is necessary to resolve the situation and report to the Board -- be received and filed. Question being taken, the motion was carried. 34. Harold E. Wright - Resignation From Preservation Review Board On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Harold E. Wright advising that, due to time constraints, he will be unable to fulfill his commitment to the Preservation Review Board and he must step down from the Board at this time -- be referred to the Nominating Committee and Mr. Wright be thanked for his service to the Board. Question being taken, the motion was carried. 35. NJP Developments Inc. Re-zoninQ 477 MillidQe Avenue On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the application of NJP Developments Inc. for the re-zoning of property located at 477 Millidge Avenue 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, August 23, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87-613 COMMON COUNCIL JULY 12, 1999 37. Saint Mary's Band Inc. - Request For Financial Contribution Re Uniforms On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Saint Mary's Band Inc. requesting financial support from the City in the amount of $2,000 for the purchase of embroidered wire cresting for the new band uniforms -- be received and filed and a grant of $750 be approved. Councillor Trites, in proposing the above motion, did so subject to confirmation that money was available for this purpose, and Mr. Beckett confirmed that there was enough money, Council having earlier in the meeting committed $4,500 of the $7,000 remaining in the fund for the skating event. Question being taken, the motion was carried with Councillor Desmond voting "nay". 38. Dr. Gary Fecteau - Re-Zoning Of Property At 375 Somerset Street On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Dr. Gary Fecteau for the re-zoning of property located at 375 Somerset 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, August 23, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 39. Milford And Linda Nason Re-zoninQ 895 Grandview Avenue On motion of Councillor White Seconded by Councillor Trites RESOLVED that the application of Milford and Linda Nason for the re-zoning of property located at 895 Grandview Avenue 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, August 23, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 41. The Hardman Group Limited Re Buskers Uptown Festival On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from The Hardman Group Limited, Acting as Agents for Market Square Leaseholds Ltd., requesting the use of the Market Square boardwalk area for the afternoon and evening performances of the Buskers Uptown Festival, from July 23 to 25, 1999 -- be referred to the City Manager and permission be granted subject to conditions set by City staff. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk