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1999-08-09_Minutes 87-631 COMMON COUNCIL AUGUST 9, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of August, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, 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; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; S. Lodhi, Manager of Real Estate and Facility Management; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; R. Simonds, Deputy Fire Chief; C. Cogswell, Chief of Police; Ms. C. Mosher, Assistant Common Clerk; and Mrs. J. Ferrar, Secretary. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on July 26, 1999, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-zoninQ 812 Grandview Avenue The Assistant Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 13 acres located at 812 Grandview Avenue (NBGIC Number 348342), from Low Density Residential to Heavy Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One and Two Family Suburban Residential and "RF" Rural to "1-2" Heavy Industrial classification, to permit 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, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and other correspondence considered at the Committee's August 3, 1999 meeting at which several people spoke in opposition and John Colwell, speaking on behalf of the applicant in favour of the proposal, expressed disagreement with the staff recommendation, particularly the suggested Section 39 conditions dealing with relocation of the driveway entrance and creation of a 50-foot landscaped area along the frontage of the site, and indicated that the existing driveway was already over 50 feet from the adjacent property and had been constructed to a high standard at considerable expense and, in his opinion, the existing amount of landscaping along the frontage was adequate; noting that the Committee also had for review at its meeting copies of the twenty written objections and 50-name petition received by Common Council at its June 28, 1999 meeting; and recommending that the Municipal Plan amendment and re-zoning be denied. 87 -632 COMMON COUNCIL AUGUST 9, 1999 Margaret Dubee of 1330 Grandview Avenue, spoke in opposition to the re-zoning and through a slide presentation expressed concern regarding the potential use of the site if the application were approved; noting that residents of the area did not know the proposed location for the billboards or garage, and were concerned with the potential of increased traffic as a result of work being done in the garage, diesel fumes, dust and a decrease in property values in the area. Ms. Dubee indicated her intent to present Council with forty-two letters of objection; however, on the advice of the City Solicitor who indicated that the deadline for submissions had passed, Mayor McAlary advised Ms. Dubee that she could not accept the letters. Gordon Dalzell of 32 Dorothea Drive, appearing in opposition to the re- zoning, stated that residents in the area were already enduring the impact of heavy industrial development and should not be expected to withstand more; and requested the City to carry out an audit to review lands similar to 812 Grandview Avenue. Mr. Dalzell advised of his receipt of five letters from residents in the area opposing the re- zoning. Kevin Hogan of 831 Grandview Avenue stated his opposition to the re- zoning and the installation of billboards, advising that he had resided in the area for seven years and was appalled at what had been happening on the property; and commented on the traffic noise in the winter months as a result of trucks hauling and dumping snow on the property. D.C. Brown of 833 Grandview Avenue, in addressing Council in opposition to the re-zoning, expressed the opinion that the proposal, if approved, would end the potential for any further residential development in the area. Lloyd Soble of 850 Grandview Avenue, speaking in opposition to the re- zoning, advised how his quality of life had been affected, as a next door neighbour, from the dust created on the site; and asked if the proposed garage would be a new building. Mr. Soble also advised that he did not believe the applicant would abide by any regulations put in place and, when asked what might remedy some of the problems, suggested the use of a water truck on the site, some improvements in the method of earth movement and the installation of an eight-foot high solid fence. Robert Herbert of 877 Grandview Avenue spoke against the re-zoning, suggesting that residential development of the property in question, with its view of the water, would result in a tax benefit for the City of Saint John; and advised that his residence reeked of diesel fumes starting at 6:30 a.m. and that it took hours to clear the air. Terry McGrath of 843 Grandview Avenue spoke in opposition to the re- zoning on the basis of his view that the applicant lacked respect for neighbours in the area, referencing a past occasion when horse manure was being dumped on the site causing flies and an odour. Gary Prosser of Red Head, appearing in opposition to the re-zoning, questioned why the site qualified for a non-conforming use, and also if the road was on the applicant's property; and expressed disagreement with staff that there was no way to stop this form of use. Rod Gillis, a lawyer representing the applicant, addressed Council in support of the proposal, advising that the applicant did not care if the property were zoned heavy industrial or light industrial but simply wanted to build a garage to repair his vehicles, and Planning staff indicated that the applicant would be permitted to construct a garage if the site were zoned heavy industrial. Mr. Gillis made the observation that the zoning would be a relatively small extension of a large industrial area; and stated that his client would be willing to construct the garage beyond the viewing range of residents but was not willing to relocate the fence, tear up the driveway or install fifty feet of landscaping for a buffer zone when no one else did so, including the City at its own facilities. Mayor McAlary asked Mr. Gillis if trucks were presently repaired on the site, to which Mr. Gillis indicated that some were, but that the garage was not large enough to service all the vehicles. 87 -633 COMMON COUNCIL AUGUST 9, 1999 On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Thomas Construction Limited for a Municipal Plan amendment and re-zoning of property located at 812 Grandview Avenue be denied. During discussion Mr. Baird advised that, in order to build a garage for the commercial repair of vehicles, it was necessary to re-zone the property from its present zoning, noting it could be either light industrial or heavy industrial; and confirmed that, if the application were denied, the applicant could continue the present operation, adding that Council could impose special conditions on how a property with a non-conforming use was to be maintained. Councillor Ball stated that he would like to see the applicant receive approval to build the garage but not under a heavy industrial zone, and suggested re-zoning just a portion of the site large enough to encompass the garage and a small parking area. Councillor Court asked to add to the motion that a report be prepared advising what conditions could be tied to a property with a non-conforming use, and the Mayor noted the motion on the floor. Councillor Chase spoke in support of Councillor Ball's suggestion of zoning only the portion of property required for the garage; and Mr. Baird responded to this suggestion to the effect that, if that were to happen, staff would like an opportunity to submit a report to Council in order to deal with a realistic property size. The Mayor suggested that, with regard to the suggestion of re- zoning a portion of the property, a tabling motion would be required so that staff and the applicant could talk about this, and the matter could come back to Council at a later time, whereupon Councillor Ball proposed a tabling motion which he subsequently agreed to withhold until other Council members had an opportunity to speak. In response to Councillor Vincent's question on the legality of tabling this matter to consider re-zoning only a portion of the subject property, Mr. Nugent expressed the view that Council had the authority to table the application, noting the time limits set by the Community Planning Act; and advised that, in his opinion, Council could at this meeting give first and second readings to an amendment that would re-zone a portion of the site, or request from Planning staff a report on the appropriate dimension or configuration of the smaller area and, upon receipt of this report, then decide if it wished to give first and second readings to a re-zoning of a section, or all or none, of the area that was advertised. As to the status of the public hearing should the matter be referred to staff, Mr. Nugent confirmed that the public hearing was concluded and, if the matter were referred to staff, staff, from a planning perspective, would simply examine the situation and the facts they have and provide Council with a recommendation as to whether it would be appropriate to re-zone a portion of the property and what that portion would be. Mr. Baird responded in the negative to Councillor Trites question of whether he would be comfortable in identifying a portion of the property to be re-zoned without consulting with the property owner; whereupon Councillor Trites expressed the view that it would be ludicrous for Planning staff to have discussion with the applicant, ignoring the other group of people completely on the basis that they have had their public hearing; and Mr. Nugent clarified that, when he indicated the role Planning staff would take, it was that they would review the facts as they know them now and they would not be consulting with proponents or opponents of the applicant's proposal. Question being taken, the motion was carried with Councillors Ball and Chase voting "nay". On the motion of Councillor Court Seconded by Councillor Trites RESOLVED that the City Manager be requested to prepare a report for Council on the matter of legal non-conforming use of land and what terms and conditions can be applied to such land. Question being taken, the motion was carried. 4. Municipal Plan Amendment Re 124 Waterloo Street Public presentation was made of a proposed Municipal Plan amendment to amend Part 10 (Peninsula Neighbourhood Plan) (1) by adding the words ", except in situations where area residents are permitted to use the spaces in parking lots 87-634 COMMON COUNCIL AUGUST 9, 1999 developed adjacent to, or across the street from, areas designated other than Residential" at the end of the first sentence in Policy 1.1.8 of the Peninsula Neighbourhood Plan; and (2) by adding the words ", with the exception of parking lots provided for in Policy 1.1.8 at the end of Policy 2.1.1 of the Peninsula Neighbourhood Plan", to permit the re-zoning, from "RM-1 F" Multiple Residentiallnfill to "B-2" General Business classification, of a parcel of land with an area of approximately 1260 square metres (.3 acres), located at 124 Waterloo Street (NBGIC Numbers 13706, 13144, 13136 and 13128), and subsequent development of a surface parking lot, as requested by the Catholic Diocese of Saint John. 5. Mavor's Remarks Mayor McAlary wished Festival by the Sea much success this year; and advised that the Mayor and members of Council from Saint John's Sister City of Bangor, Maine would be visiting the City on August 12 and 13, and also that a group of national planners would be in the City this coming weekend, as well as the East Coast Music Association Board of Directors who would be viewing Saint John's facilities as a potential candidate for hosting the 2002 East Coast Music Awards. (Deputy Mayor Chase withdrew from the meeting during the above comments.) 6. Re Saint John Shipyard On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letter from Councillor Vincent regarding the possible closure of the Saint John shipyard; and proposing that a committee of Council, not less than three nor more than five, be established with representation from the Board of Trade, Enterprise Saint John and/or any other person or persons, to take the initiative of arranging a meeting in Ottawa with the appropriate Federal Government people to focus on the status of the shipyard, be received and a committee be established as proposed, and Councillor Vincent be appointed as chair of this committee. (Deputy Mayor Chase re-entered the meeting.) Councillor Vincent read from a document (copies of which were distributed to Council members at this meeting) which, he advised was prepared by a national committee working on a policy on shipbuilding in Canada; and during discussion Councillor White noted Council's receipt on June 28, 1999 of a letter from Federal Minister of Industry John Manley in this regard, as well as the March 22, 1999 presentation to Council by the Marine Workers' Federation, and proposed an amendment to the motion, which was seconded by Councillor Desmond, that Councillor Vincent be appointed immediately as the chair of an ad hoc committee to pursue this matter as vigorously as possible. The Mayor suggested that the area MLAs and union representatives should also be involved in this initiative, and that the committee would submit its plan to Council, and as well that direction would be needed from the Premier so that a mutual position could be put forth. The Mayor called for the question on the motion, including the proposed amendment. Question being taken, the motion was carried. 7. Timing On Pedestrian Traffic CrossinQ LiQht McAllister Drive On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Councillor Vincent respecting the timing on the walk light for pedestrian traffic crossing McAllister Drive in that vehicular traffic starts to move when pedestrian traffic is in the middle of the 87-635 COMMON COUNCIL AUGUST 9, 1999 McAllister Drive arterial; and asking that this matter be referred to the City Manager to have Traffic staff assess this situation and take whatever steps are required to eliminate this potential danger, be referred to the City Manager. Question being taken, the motion was carried. * Added Items On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that recommendations regarding agenda item 36 - Nominating Committee report, and 37 - Old General Hospital site (which were considered in Committee of the Whole earlier this date), be added to the agenda of this meeting for consideration as items 7 A and 7B, respectively. Question being taken, the motion was carried. *7A. Appointment To Cities Of New Brunswick Association Committees On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Nominating Committee, Deputy Mayor Derek Chase be appointed to the Resolutions Committee, and Councillor Carl White be appointed to the Program Committee, of the Cities of New Brunswick Association. Question being taken, the motion was carried. *7B. Old General Hospital site On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED 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 to be on or before September 15, 1999; a non-refundable deposit of $45,000 be required, payable forthwith (the receipt of $25,000 is acknowledged); and the Mayor and Common Clerk be authorized to execute the deed. Councillor Fitzpatrick indicated he would not be supporting the motion and would prefer to have a new proposal from the individuals with a $20,000 deposit. Question being taken, the motion was carried with Councillor Fitzpatrick noting "nay". 8. Tender For Motorized Equipment On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) in the case of tender number 99-231009T for the supply of one only 60,000 lb. dump truck, the tender submitted by Bayview International Trucks Ltd., in the amount of $121,037.50, tax included, be accepted; (2) in the case of tender number 99- 231010T for the supply of two only dual wheel cab and chassis trucks, the tender offered by Downey Ford Sales Ltd., in the amount of $92,556.60, tax included, be accepted; and (3) in the case of tender number 99-231011T for the supply of one only single-wheel pick-up truck, the tender offered by Centennial Pontiac Buick GMC Ltd., in the amount of $38,596.30, tax included, be accepted. (Councillor Vincent withdrew from the meeting.) 87 -636 COMMON COUNCIL AUGUST 9, 1999 Question being taken, the motion was carried. 9. Tender For Sodium Hypochlorite On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement, for a period of .one year, for the provision of sodium hypochlorite, be awarded to Atlantic Chemical & Supply Ltd., at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 10. Tender For Contract 99-12 On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 99-12, Kennebecasis Drive construction of gravity sewer and force main, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $568,633.66, 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. 11. Proposal - Digital Blower & Dissolved Oxygen Control Systems, Lancaster Wastewater Treatment Facility On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the proposal of Advanced Monitoring and Technologies Inc. be accepted for the supply of a digital blower control system and dissolved oxygen (D.O.) control system, for the Lancaster Wastewater Treatment Facility, at a cost of $59,953, plus applicable taxes, and the Mayor and Common Clerk be authorized to execute the appropriate contract documents. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 12. Cost For Additional Work Contract 99-5 On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve a further $50,000 toward the closure of the Spruce Lake landfill, and an additional expenditure of $170,252.50 for Contract 99-5, Phase VIII closure - Spruce Lake landfill, plus an additional $9,000 for engineering services, for an overall project total of $600,000 for 1999. Question being taken, the motion was carried. 13. Re Pits And Quarries On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that, further to discussion at the July 12, 1999 Council meeting with regard to pits and quarries, staff has already begun to prepare a detailed package of recommendations to address the issues enumerated herein to be presented to Council 87 -637 COMMON COUNCIL AUGUST 9, 1999 in September; and submitting a copy of the Executive Summary of the Pits and Quarries Aggregate Resources Strategy tabled at Council on April 5, 1994, the public hearing set to adopt a new "PQ" Pits & Quarries zone and re-zone all existing pits and quarries having been cancelled in June 1995, be received and filed. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 14. Re Zoning Of Property Behind Milford Road And Condition Of Mary's Place On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager commenting, further to Council's June 28, 1999 referral of two letters from Jane Barry, on the zoning of property behind Milford Road overlooking the Irving Pulp Mill, and the unsightly condition on the short street in the Dominion Park Beach area, known as Mary's Place, be received and filed and a copy be forwarded to Mrs. Barry. Question being taken, the motion was carried. 15. Re Condition Of Property 941 Golden Grove Road On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising of enforcement action with regard to 941 Golden Grove further to Council's June 28,1999 referral of Carl K. Collins' letter expressing concern regarding this property, be received and filed and a copy be forwarded to Mr. Collins. Question being taken, the motion was carried. 16. Re Temporary Use Of 941 Golden Grove Road On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the report from the City Manager addressing issues related to Community Planning and the Building Inspector's Office with regard to the temporary use (gravel extraction) at 475 Latimore Lake Road, further to Council's July 12, 1999 request for a report in this regard, be received and filed. Question being taken, the motion was carried. 17. Re Temperature And Humidity At City Market On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising of steps taken by staff as an interim solution to a problem at the City Market with high temperatures and humidity, further to Council's July 26, 1999 referral of a letter from Councillor White raising issues and concerns of City Market tenants and customers related to problems in this regard, and that staff would be submitting a more detailed report and recommendation to resolve heating/cooling issues within the City Market, be received and filed. Question being taken, the motion was carried. 87 -638 COMMON COUNCIL AUGUST 9, 1999 18. Re Request For Paint Supplies South End PlanninQ Committee On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to Council's July 26, 1999 referral of a request of the South End Planning Committee for paint supplies for a South End project, staff has contacted the author of the letter and agreed to mark and paint the asphalt surface as requested by the Committee, be received and filed. Question being taken, the motion was carried. 19. Re Request For Planting And Landscaping Materials For Animal Rescue LeaQue Project On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that, further to Council's July 26,1999 referral of the Animal Rescue League's request for planting and landscaping materials, staff is reviewing work schedules to determine if the City could be of some assistance to the League in its project and Council will be subsequently advised if the City could be of assistance, be received and filed. Question being taken, the motion was carried with Councillor Desmond voting "nay". On motion of Councillor Chase Seconded by Councillor Court RESOLVED that an amount of $1,000.00 be authorized to assist the Animal Rescue League in its site improvements. The Mayor asked if it would be the intent to provide $1,000 in cash to the League or to purchase shrubs in that amount for the League, and Mr. Totten clarified that the amount authorized would be cash, either in the form of a cheque to the League or to a nursery for plants. Councillor Trites expressed disagreement with asking staff to utilize money in the manner proposed when it would result in the City not doing something it decided to do in the budget process; and suggested that, as indicated by staff in the above report that the money was not available nor would Council be made aware of where the $1,000 would come from, the methodology being used at this time was not sound. Question being taken, the motion was carried with Councillor Trites voting "nay". 20. Amendment To March 1, 1999 Council Resolution Re Lot 97-1. Paradise Row Read a report from the City Manager advising of the request of David Lunney of Corporation 1906 Inc. for an extension of the closing date for the sale of Lot 97-1, Paradise Row. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of March 1, 1999, pertaining to the sale of Lot 97-1, Paradise Row, by: (1) deleting "upon the terms and conditions of Proposal Call REFM 99-1A" and replacing it with "upon the terms and conditions of Proposal Call REFM 99-1A, except for paragraph 10"; (2) deleting "with a bid deposit of $2,880 to be held as a down payment on the property" and replacing it with "with a 87 -639 COMMON COUNCIL AUGUST 9, 1999 deposit of $5,760 to be held as a non-refundable down payment on the property; (3) the closing date be on or before September 30, 1999; and (4) all other aspects of the resolution be the same. Question being taken, the motion was carried. 21. Improvements To King's Square ThrouQh Partnerships Consideration was given to a report from the City Manager advising of a proposed partnership with Uptown Saint John Inc. and the Preservation Review Board for a Year 2000 project to provide more enhancements to King's Square, at an estimated cost of $100,000 and, at the same time, address a number of ongoing issues happening in King's Square; also advising that, at present, there is a commitment of $28,997 from Uptown Saint John Inc. and a $10,000 commitment from the City of Saint John through the Stockford Memorial Fund and, to meet the requirements of the project, an additional $61,000 is required; and setting out a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, (1) Common Council support the three-way partnership of the City of Saint John, Uptown Saint John Inc. and the Preservation Review Board to enhance King's Square as one of a number of Year 2000 projects; (2) an additional $18,997 be provided from the Stockford Memorial Fund to be used in conjunction with the already approved $10,000 towards the project; and (3) the amount of $42,000 be approved from the Land for Public Purposes Fund to provide the balance of the funding for the project. Question being taken, the motion was carried. 22. Closing Of Portion Of Simpson Drive/ Land Exchange/Adjustment Of Simpson Drive Right-Of-Way & Section 39 Amendment To Conditions Of Re-zoninQ Re 77 Glen Road Consideration was given to a report from the City Manager regarding the property at 77 Glen Road (former Daly Convenience Store) and Council's tabling on April 2, 1991 of an application for a Section 39 amendment to the conditions of re-zoning of this property requesting that the development be approved "as built" and that the City permit the encroachment on the Simpson Drive right-of-way to continue; advising that East Coast Convenience Stores Ltd., the new owner of the store at 77 Glen Road, has made arrangements with the two property owners on the opposite side of Simpson Drive to provide a necessary adjustment to the right-of-way; and submitting a tentative plan which, if approved, would vest an approximately 246-square metre portion of the W. Pederson Ltd. property (shown as Parcel A) and an approximately 144-square metre portion of the Province's land (shown as Parcel B) as a public street, and create Parcel C, an approximately 265-square metre portion of the existing public street, to be closed and consolidated with the East Coast Convenience Stores Ltd. property to form Lot 96-1. The report also advises of the following requirements before such a plan could be approved by the Development Officer and filed in the Registry Office: (1) adoption of a Street Closing By-law amendment to close the existing public street (Parcel C), (2) the assent of Common Council with respect to the vesting of Parcels A and B as a public street, with a recommendation from the Planning Advisory Committee required before Council could give its assent, and (3) approval by Common Council to convey Parcel C to East Coast Convenience Stores Ltd. The report further advises of the need to resolve the discrepancy between the existing site development and the plans attached to the Section 39 agreement and, although officially the 1999 application tabled by Council for an amendment to the Section 39 conditions of re-zoning is still active and has already been through the public hearing process, the amount of time that has transpired would suggest that it be readvertised with a new public hearing and referred once again to the Planning Advisory Committee, and accordingly the owner's solicitor has submitted a new application which is on the agenda of this meeting under item 33. The report recommends that Common Council authorize the advertising of its intention to consider an amendment to the Street Closing By-law to stop up and close the portion of Simpson Drive identified as Parcel C on the submitted tentative plan, with the public hearing to be held on October 4, 1999; (2) refer the proposed Section 39 amendment to the Planning 87 -640 COMMON COUNCIL AUGUST 9, 1999 Advisory Committee for a report and recommendation and authorize the advertising for a public hearing on the matter to be held on Monday, October 4, 1999, at 7:00 o'clock p.m.; (3) in the event that the Street Closing By-law amendment is enacted, authorize the exchange of Parcel C in return for Parcels A and B; and (4) authorize the Mayor and Common Clerk to execute all necessary contract documents with respect to the above matters. 33. East Coast Convenience Stores Ltd. Section 39 Amendment 77 Glen Road Consideration was also given to the above-mentioned application of Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., for an amendment to the Section 39 conditions of re-zoning of property at 77 Glen Road. The Mayor advised that, at the request of the applicant, the public hearings in this regard were to be scheduled for October 18, 1999, rather than October 4, 1999 as indicated in the City Manager's above report. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that (1) the necessary advertising be authorized for a proposed Street Closing By-law amendment with respect to stopping up and closing the portion of Simpson Drive identified as Parcel C on the submitted tentative plan, with the public hearing to be held on Monday, October 18, 1999 at 7:00 o'clock p.m.; (2) the application of Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., 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, October 18, 1999, at 7:00 o'clock p.m.; (3) in the event that the Street Closing By-law amendment is enacted, authority be granted for the exchange of Parcel C in return for Parcels A and B, as identified on the submitted tentative plan; and (4) the Mayor and Common Clerk be authorized to execute all necessary contract documents with respect to the above matters. Question being taken, the motion was carried. 23. Purchase Of Land - Realignment Of MaQazine And Metcalf Streets Consideration was given to a report from the City Manager recommending the purchase of the necessary land for the realignment of Magazine and Metcalf Streets, a project included in the 1999 Capital Budget. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize (a) the purchase of approximately 100 square metres of land located on Magazine Street from Foursquare Gospel Church of Canada for the agreed-upon price of $330, plus legal costs not to exceed $300; (b) the purchase of approximately 213 square metres of land located on Metcalf Street from NB 059673 Ltd. for the agreed-upon price of $2,130, plus legal costs not to exceed $300; and (c) the preparation and filing of a subdivision plan vesting the land referred to in recommendations (a) and (b) as a public street. 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 87-641 COMMON COUNCIL AUGUST 9, 1999 Your Committee reports that it sat on Monday, July 26, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That the remuneration for the incumbent occupying the position of Commissioner of Finance and Commissioner of Corporate Services be set at Step 6, Grade 9 of the Management Classification table, effective November 3, 1998. 2. That as recommended by the City Manager, Common Council (a) authorize the purchase of approximately 807 square feet of land on Birchmount Road from Alvin and Lois Perkins for $.77 per square foot, for the purpose of widening the Road; (b) authorize the preparation and filing of a subdivision plan to vest the land as a public street; (c) refer this item to the Planning Advisory Committee for a report and recommendation on item (b); (d) authorize the payment to Alvin and Lois Perkins, not to exceed $300, for cost which they may incur related to the City's purchase of this land; and (e) authorize the Mayor and Common Clerk to execute any documents necessary to give effect to this resolution. 3. That as recommended by the City Manager, Common Council (1) authorize the sale of 3 Angus Court (NBGIC Number 55117600) to Gloria Barker for the purchase price of $13,500 plus applicable taxes and closing costs; the deposit of $675 be held as a down payment of the property, and the sale close on or before September 30, 1999; and (2) authorize the sale of Lot 98-6, Latimore Lake Road, to Wayne and Cheryl Webb for the purchase price of $15,000 plus applicable taxes and closing costs, and the sale close on or before September 30, 1999; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. August 9, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 24.1. Remuneration - Commissioner Of Finance Commissioner Of Corporate Services On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 24.2. Purchase Of Land For Birchmount Road WideninQ On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 24.3. Sale Of 3 Angus Court And Lot 98-6 Latimore Lake Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 87-642 COMMON COUNCIL AUGUST 9, 1999 25. Planning Advisory Committee - Exchange Of Land For Public Purposes. 101 Boars Head Road On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan with regard to 101 Boars Head Road that would vest a parcel of land having an area of 688 square metres (7,406 square feet) as Land for Public Purposes. Question being taken, the motion was carried. 26. Greater Saint John Economic Development Commission. Inc. Re Joint MeetinQ With Councils On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John), advising that the joint meeting with the Councils of the participating municipalities, as required by its Letters Patent, has been scheduled for Wednesday, September 29, 1999, be received and filed. Question being taken, the motion was carried. 27. Barry Ogden - Re Interpretative Panels On Marco Polo - Cavendish Beach. PEl On motion of Councillor White Seconded by Councillor Court RESOLVED that the letter from Barry Ogden submitting a copy of correspondence from the Office of the Secretary of State (Parks) advising of the featuring of the Marco Polo on a series of interpretative panels at Cavendish, PEl; and suggesting that this may be a golden opportunity for Saint John's promotion for tourists on the way to and returning from Cavendish, be received and filed. Question being taken, the motion was carried. 28. FCM - Response To Resolution On Tax Deductibilitv For CampaiQn Donations On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from the Federation of Canadian Municipalities advising of the National Board of Directors adoption of the City of Saint John's resolution of October 19, 1998 on tax deductibility for campaign donations, and submitting the response from the Minister of Finance, The Honourable Paul Martin, to this resolution, be received and filed. Question being taken, the motion was carried. 29. Bill Branscombe Re Placement Of Benches On Boardwalk On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the letter from Bill Branscombe suggesting that benches should be placed on the boardwalk and a senior patrol could be organized whereby seniors in shifts could patrol the area and also keep skateboarders and cyclists off the boardwalk, so as to improve the boardwalk for both residents and tourists, be referred to the City Manager. 87 -643 COMMON COUNCIL AUGUST 9, 1999 Question being taken, the motion was carried. 30. Jack Campbell - Tree Planting In Newly Developed Areas On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Jack Campbell advising that he was rather new to the City and noticed that, when areas were developed, the City did not request new trees to be planted; and expressing the belief that benefits of tree planting far outweigh the costs in these matters, be referred to the City Manager. Question being taken, the motion was carried. 31. Eric L. Teed - Year 2000 Decorations On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Eric L. Teed submitting photocopies of decorated streets in Saint John on the occasion of a Royal Visit to the City in 1901; and suggesting that, for the Year 2000, a major arch at the intersection of King and Germain Streets would be a real attraction for the City and, similarly, an arch like that shown on the former Mill Street could be one for the foot of King Street, be received and filed. Question being taken, the motion was carried. 32. Matrix Properties Inc. - Section 39 Amendment Re 189 Waterloo Street On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the application of Matrix Properties Inc. for an amendment to the Section 39 conditions of re-zoning of property at 189 Waterloo 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, September 20, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 34. New Brunswick Power - Request To Purchase Land On Bayside Drive On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from New Brunswick Power advising that, being in the process of subdividing its Courtenay Bay plant property located along Bayside Drive into two lots, a separate access to Lot 99-1 was required; and requesting to purchase Lot 79-2 which is a portion of PID #449363 to use as access to Lot 99-1, be referred to the City Manager. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Assistant Common Clerk