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1999-09-07_Minutes 87 -660 COMMON COUNCIL SEPTEMBER 7,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the seventh day of September, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; R. Simonds, Deputy 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on August 23, 1999, be approved. In response to Councillor Titus' question on whether or not there had been any follow-up on his query at the last meeting with regard to tar and government mix not being very workable, the Mayor advised that the City Manager indicated that staff would have to come back to Council in this regard. Councillor Titus, referring to item 27 on the agenda of the last meeting, asked what the Mayor's response was to this item, to which the Mayor replied that she could give Council a written report in this regard. Question being taken, the motion was carried. 6. Communities In Bloom Award Consideration was given to a letter from Mayor McAlary advising of the Mayor's Beautification Award organized by Communities in Bloom, and submitting a list of the winners of this Award to whom presentation would be made at this meeting. Mayor McAlary advised that this year the City of Saint John had not been entered in any national Communities in Bloom competitions, having won all the awards it was allowed to in its category based on its number of citizens; however, next year, Saint John would be joined with its three neighbouring municipalities and entered into the category for a population of 100,000 to 150,000. Mayor McAlary announced the winners of the Mayor's 1 st Annual Beautification Award in the following categories to whom she and Colin Whitcomb, Chairman of Communities in Bloom, presented awards: Institutional: 1st prize - Rocmaura Nursing Home, 2nd prize - NB Community College; Neighbourhood: 1 st prize - Somerset Homeowner Association, 2nd prize - Lancaster Kiwanis Club; Corporate: 1 st prize - Officers and Men of Group #4 Saint John Fire Station #1; Individual: 1 st prize - Ronald and Doreen Hughes of 170 Kennebecasis Drive, 2nd prize - Wanda Craig of 308 Guilford Road West, 3rd prize - Brian Parker of 29 Thistle Street; and Individual - Honourable Mention: Robert Atchison of 27 Garden Street, Christine Howard of 64 Montgomery Crescent (not present), Vernon Garnett of 61 Aberdeen Street, Leslie Terry of 162 Hillcrest Drive and Irl Washburn of 26 Horsfield Street (not present). 87 -661 COMMON COUNCIL SEPTEMBER 7,1999 3(a) Zoning By-law Amendment To Re-Zone 155 Hillcrest Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 155 Hillcrest Drive (NBGIC Number 399766), from "R-1A" One Family Residential to "R-2" One and Two Family Residential classification, to permit the existing dwelling to be used as a two-family dwelling, as requested by William and Doris Evans, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a petition in opposition to the proposed re-zoning considered at the Committee's August 31, 1999 meeting at which the applicant appeared in support of the application, and Bentley Akkerman voiced his concerns as indicated in the submitted letter; and recommending that the application be denied. Bentley Akkerman of 186 Hillcrest Drive appeared in opposition to the proposed re-zoning, noting his attendance at the Planning Advisory Committee, as well as his letter and the petition to the Committee in objection to the proposed re-zoning. Mr. Akkerman also noted that Planning staff, the Planning Advisory Committee, and the area residents did not support the re-zoning, and that the area was primarily a single- family residential area and the residents wished to maintain the atmosphere that this zoning gave them and, as a result, he was present with several of his neighbours to voice objection. William and Doris Evans were present in support of their application and, referring to Planning staff's report to the Planning Advisory Committee, clarified that the exterior set of stairs located on the outside of the building providing access to the second floor was part of the initial addition to the house as they had four children and wanted more than one exit from the upstairs; and, referring to the indication in the Planning staff report that Quinton Heights was not a neighbourhood that contained a mixture of zone categories, suggested that there was a mixture because of the apartment building in the old barn and the single-family attached housing units, as well as the duplex housing on Horsier Drive. Mr. Evans advised that the reason for the re- zoning application was so they could use the bottom part of the house for themselves and rent out the top part as there was a lot of house to maintain and they had no children living at home now; and made the observation that, of the 125 houses in the basic Quinton Heights area, 47 houses signed the above-mentioned petition and 78 did not. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, the application of William and Doris Evans for the re- zoning of property located at 155 Hillcrest Drive be denied. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment Re 439 Prince Street West Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 1.8 hectares (4.7 acres), located at 439 Prince Street West (NBGIC Numbers 394924, 55143606, 55143614 and 55143622), from Major Institutional to Low 87 -662 COMMON COUNCIL SEPTEMBER 7,1999 Density Residential classification, to permit re-zoning of the same area to a "TH" Townhouse zone and the development of approximately 85 townhouses on the former DV A Hospital site, as requested by Home Harbour Estates. 5. Mayor's Remarks Mayor McAlary proclaimed September 1999 as Big Brother/Big Sister Month in the City of Saint John; noted that today was UNBSJ Shinerama Day in the City, and commended the organizers and volunteers involved in the Atlantic National Exhibition which took place in Saint John last week. Note was also made of the District Labour Council's free day event at Fisher Lakes on Labour Day, September 6, 1999. 7. Co-operation With Saint John Airport Consideration was given to a letter from Councillor Titus regarding the necessity of the Saint John Airport to the economy of the City and the region and the City's extensive equipment, experience and expertise within its Fire Service and Municipal Operations; and, as there should be a mutually beneficial co-operation between the City and the Airport that would enhance both operations, proposing a motion to refer to the City Manager, the Fire Chief and the Commissioner of Municipal Operations to investigate and report back to Council on the possibility of co- operation/economies of scale/mutual benefits/synergy of combining action and operations of the City and the Airport. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager, the Fire Chief and the Commissioner of Municipal Operations for discussion with Saint John Airport Inc. Question being taken, the motion was carried. 8. Placement Of Flags At Memorial Field On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from Councillor Titus advising of requests from citizens regarding the placement of flags (City-Provincial- Canadian) at Memorial Field; and asking Council's support in requesting staff to prepare a report on the costing and necessary steps required to place flags in Memorial Field -- be referred to the City Manager for a report on costing to place flags at sports fields in the City. Question being taken, the motion was carried. 9. Re Simonds Arena Consideration was given to a letter from Councillor Titus regarding the condition of Simonds Arena and an apparent stalemate regarding the future of this Arena between the City and the Exhibition Association; and proposing that a new committee of Council be set up to try and negotiate a mutually beneficial resolution to this matter with the Exhibition Association. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that a committee of Council be set up to approach the Exhibition Association on the matter of the Simonds Arena to try to work out an agreement that is beneficial to the City and the Exhibition Association, and Councillor Desmond chair this committee and select its members. Question being taken, the motion was carried. 87 -663 COMMON COUNCIL SEPTEMBER 7,1999 10. Feasibility Of Amending Traffic By-law To ChanQe Traffic Flow On Leinster Street On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the letter from Councillor Court requesting, on behalf of St. Malachy's High School, that the Traffic Division and the Parking Commission review the feasibility of amending the Traffic By- law to change the flow of traffic on Leinster Street, from Sydney Street to Carmarthen Street, to one way East from one way West, be referred to the City Manager for a report to Council as soon as possible. Question being taken, the motion was carried. 11. Charlotte Street Businesses Read a letter from Councillor Ball expressing the view that continued and recent closings of businesses on Charlotte Street demands urgent and immediate attention for providing solutions to the ongoing malaise threatening business in this area - if not the future of the entire Uptown; and requesting that Council and staff have open discussion during this Council meeting to identify positive initiatives and incentives for both the short and long term regarding this important matter. On motion of Councillor Ball Seconded by Councillor White RESOLVED that a task force committee be struck by Council, comprised of members of City staff, Uptown Saint John Inc., Enterprise Saint John, building owners and building operators, to formulate a positive action plan of initiatives and incentives for the revitalization of the Charlotte Street and the surrounding business area. Question being taken, the motion was carried. 12. Conflict Of Interest City-Appointed Committees Read a letter from Councillor Chase asking Council's support in referring the following to staff for consideration and a report back to Council: that any member of a Council-appointed committee shall not be awarded any contract for goods or services should that contract be let by that committee of which that member sits, if that contract was not publicly tendered, and this condition should also extend to include any company or business in which the member is a principal; and suggesting that Commissioner Beckett and/or City Solicitor John Nugent may be the best resource for comment. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager and the City Solicitor for consideration and comment to Council. Question being taken, the motion was carried. 12A. Pollution Of Marsh Creek Read a letter from Councillor White advising that he would like to address the continuing concerns being raised regarding the pollution of Marsh Creek, especially at it relates to health and environmental issues. On motion of Councillor White Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Manager for a report to Council on the status of Marsh Creek and concerns in this regard. 87-664 COMMON COUNCIL SEPTEMBER 7,1999 Question being taken, the motion was carried. 13. Tender For Contract 99-18 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, (1) Contract 99-18: Loch Lomond Road, Tilley Lane water and sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $358,721, as calculated based upon estimated quantities; (2) the City of Saint John enter into a release of liability & permit agreement and a subsequent license agreement with Canadian National Railway for the purpose of constructing, maintaining, repairing, reconstructing and using a 600-mm sanitary sewer underground at track crossing Mile 0.17 Courtenay Bay Branch Spur; and (3) the Mayor and Common Clerk be authorized to execute the contract with Fairville Construction Ltd., the release of liability & permit agreement, and the license agreement as required by the Canadian National Railway Company. Question being taken, the motion was carried. 14. Tender For Tires And Tubes On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for the provision of new tires, retread tires and tubes, to commence upon award by Council and expiring on August 31, 2000, be awarded to the lowest tenderer in each case as indicated in the submitted summary of bids. Question being taken, the motion was carried. 15. Tender For Multi-Purpose Tractor On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender for the supply of one municipal multi-purpose sidewalk tractor be awarded to Saunders Equipment at the quoted price of $72,835.76 plus tax. Question being taken, the motion was carried. 16. Adjustment To 1999 Storm Sewer Capital ProQram On motion of Councillor Ball Seconded by Councillor White RESOLVED that the report from the City Manager submitting a copy of the 1999 Capital Program for Storm Sewer approved by Council on March 1, 1999 and revised to include the Somerset Street storm sewer project approved by Council on May 3, 1999; and recommending that Common Council approve the following adjustments to the 1999 Storm Sewer Capital Program: (1) the Carpenter Place storm sewer with a budget of $135,000 be removed and be proposed for the 2000 Storm Sewer Capital Program; (2) the budget for the Victoria Street East storm sewer be adjusted from $25,000 to $60,000; and (3) the Westmount Drive storm sewer with a budget of $100,00 be added to the 1999 Storm Sewer Capital Program, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 87-665 COMMON COUNCIL SEPTEMBER 7,1999 17. Westmorland Road/ McAllister Drive Intersection On motion of Councillor Ball Seconded by Councillor White RESOLVED that the report from the City Manager outlining the work that will be done at various intersections as part of the 1999 Signal Upgrade Program, and discussing the intersection at Westmorland Road/McAllister Drive, the latter having been raised at Common Council on a number of occasions, most recently at its August 9, 1999 meeting; and advising staff's intent to acquire an eight-phase controller for the purpose of rerouting pedestrian traffic away from the Parkway Mall/Theatre Complex in an effective manner and to assess the usage of this system, be received and filed. Question being taken, the motion was carried. 18. Saint John Natural Gas Lateral On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that Maritimes and Northeast Pipeline is seeking approval to construct a 16" natural gas lateral line from the mainline to various industrial customers in the City which will also be used to deliver gas to a gas distribution company, and City staff is supportive of the routing proposed and is continuing with discussions to resolve the details of the development; also advising that the proposed Saint John gas lateral will be the subject of a National Energy Board Hearing in October of this year, and recommending that the City confirm to Maritimes and Northeast Pipeline that it has no objection to the proposed general routing subject to detailed negotiations and agreement on the use of City streets, City-owned lands and lands on which the City has an existing easement, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 19. Saint John Fire Department Definition of Service Consideration was given to a report from the City Manager advising that, in 1998, a joint labour management committee was assembled further to the Saint John Fire Department's determination that there was a need to redefine its mandate by creating mission, value and vision statements, and recommending adoption of the resultant Mission, Vision and Value Statements as presented. Chief Tait, in presenting the recommended Mission, Vision and Value Statements of the Saint John Fire Department as set out in the above report, introduced members of the Department's Definitions of Service Committee Mark Gillen, David Sullivan, Gerald Morris, Gary Breen, Bill Johnstone and Lou MacDonald, and noted that Committee members Mike Carr and Chris Clinton were not present at this meeting. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the Mission, Vision and Value Statements as presented by the Saint John Fire Department Definitions of Service Committee be adopted. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 20. ReversinQ Falls - Parcel "A" Read a letter from the City Manager setting out an amendment to Common Council resolution of May 19, 1998 authorizing the purchase of lands from the Province of New Brunswick, further to the submitted documentation from the Legal 87 -666 COMMON COUNCIL SEPTEMBER 7,1999 Department advising that Supply and Services staff, in advising that the deed was ready for execution by the Province, also advised that the Board of Management imposed a condition, which was confirmed by Cabinet, limiting the use of the premises as a tourist bureau, and also advising that, upon learning of the condition imposed, the Mayor contacted the Minister of Labour and wrote to the Minister of Supply & Services asking that, if the Province required a condition, it be worded as indicated herein, and the Minister of Supply & Services has agreed to the requested wording. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the Common Council resolution adopted May 19, 1998 be amended to include the imposition of a condition upon the use of Parcel "A" as follows: At the end of sub-clause (1), insert - Parcel "A" is to be conveyed to the City subject to the condition that notwithstanding any current or future commercial use that the City may make of Lot "A", the City shall ensure that a tourist bureau is maintained thereon and any expansion of future developments be tourism related. Question being taken, the motion was carried. 21. License Re Retaining Wall Encroachment Fairville Boulevard RiQht-of-way On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council give a license to the owner of 1318 Fairville Boulevard, Day and Ross, to permit the building, maintenance and repair of a retaining wall within an used portion of the Fairville Boulevard right-of-way upon the following terms and conditions: (1)(a) the retaining wall must not impede traffic in the street; (b) the City can, at its discretion, order the wall's removal with 10 days written notice and, if it is not removed, the City can remove the wall and recover the expense from the property owner; (c) the City is not responsible for any damage to the wall in the course of its normal operations whether through negligence or not; (d) the property owner must maintain the wall to the satisfaction of the City's Chief Engineer; (e) the owner of 1318 Fairville Boulevard shall indemnify and save harmless the City for all actions, suits, demands and claims whatsoever relating to the granting of this license and the location of the wall within the street right-of-way; and (f) the property owner must maintain public liability insurance in the amount of $2,000,000 with the City as a named insured including a cross-liability clause, and the City must be notified in writing 30 days prior to any cancellation; (2) the owner shall provide plans and build the retaining wall in a manner satisfactory to the Building Inspector and the Chief City Engineer; (3) the owner shall provide a plan prepared by a licensed surveyor showing the location of this wall in relation to the street limits; and (4) the Mayor and Common Clerk be authorized to execute the license. Question being taken, the motion was carried. 22. Spruce Lake Landfill - Recreational UsaQe - Saint John Model FlyinQ Club Read a report from the City Manager advising of the Saint John Model Flying Club's formal request to develop an area of the closed-out portion of the Spruce Lake landfill for a system of small runways and safety fencing to separate spectators from the flying area, as indicated in the submitted drawing of the proposal, the Club for the past two years having utilized a portion of the site to operate and fly model airplanes, and that City staff has no concerns that this activity will affect the integrity of the landfill cover operation, and both the Provincial Department of the Environment and the Lorneville Recreation support the proposal. 87 -667 COMMON COUNCIL SEPTEMBER 7,1999 On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the proposal of the Saint John Model Flying Club to develop an area of the closed-out portion of the Spruce Lake landfill be accepted in principle and staff be authorized to formulate an appropriate agreement between the City and the Flying Club covering usage of the site. Question being taken, the motion was carried. The Mayor requested a motion to withdraw item 23 from the agenda of this meeting, and advised that it would be on the agenda of the next meeting. 23. License To Use City Property For Driveway At 820 Loch Lomond Road On motion of Councillor Titus Seconded by Councillor White RESOLVED that agenda item 25, being a report from the City Manager recommending the granting of a license to Irving Oil Limited further to its request to use City property for a driveway for the Irving Mainway Store at 820 Loch Lomond Road, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 24. Purchase Of Property Off Gregory Lane For Western Collector Trunk Sewer Consideration was given to a report from the City Manager advising that, while during the process of acquiring lands for the Western Collector Trunk Sewer Line the City was able to purchase only an easement for municipal services over what is now referred to as Parcel J (NBGIC Number 55108344), the owners of the fee simple interest, Raymond and Irene Guerette, are now interested in selling their remaining interests in the subject parcel; and presenting the results of staff's negotiations, with a recommendation, to Council for consideration. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of the fee simple and statutory railway interests in Parcel J (NBGIC Number 55108344), off Gregory Lane, from Raymond and Irene Guerette for the purchase price of $1,500 (plus HST if applicable), for the Western Collector Trunk Sewer. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 25. Maintenance Standards For Non-ConforminQ Use Properties On motion of Councillor Ball Seconded by Councillor Titus RESOLVED that the report from the City Manager discussing in a general way the initial sections of the Community Planning Act concerning non-conforming uses of property and focusing mainly on Section 41 of the Act dealing with the imposition of maintenance standards, further to Council's request at its August 9, 1999 meeting for a report on the authority of Council to require improvements to non-conforming use properties; and advising that, with regard to 812 Grandview Avenue, a site specific investigation has not been made as to appropriate standards, be received and filed. Question being taken, the motion was carried. 87 -668 COMMON COUNCIL SEPTEMBER 7,1999 26. Payment Of Accounts For Services Rendered In Recent Personnel Issue Consideration was given to a letter from the City Solicitor advising that it was now in order for Council to authorize payment of the invoices for services provided the City in connection with a recent personnel issue involving former City employee Keith Langford. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that Common Council authorize the payment of the invoices of Stewart McKelvey Stirling Scales, G.D.J. Cohoon & Associates, and Dr. Edwin Rosenberg, in the amounts of $16,951.09, $1,740.50 and $1,250.00, respectively, relating to services provided the City in connection with a recent personnel issue involving former City employee Keith Langford. Question being taken, the motion was carried. 27. Section 39 Conditions Re 895 Grandview Avenue On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the report from the City Solicitor expressing the view, in response to a question at the August 23, 1999 public hearing of an application to re-zone property at 895 Grandview Avenue as to whether or not the Section 39 condition could include "for use of students", that in this case Council has the authority pursuant to Section 39 of the Community Planning Act to impose the condition that residency is limited to students, be received and filed. Question being taken, the motion was carried. 31. Zoning By-law Amendment To Re-Zone 895 Grandview Avenue On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-510 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 895 Grandview Avenue (NBGIC Number 00434134), having an area of approximately 678 square metres (7,300 square feet), from "R-1 B" One Family Residential to "RM-1" Three Storey Multiple Residential 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 that would limit the use of the property to a one-family dwelling or a rooming house with a maximum of six (6) persons. Moved in amendment by Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the Section 39 condition be amended by limiting the use of the property to a one-family dwelling or a rooming house with a maximum of six students. The Mayor expressed concern about enforcing a condition limiting the use to students, and Mr. Totten advised that, in discussion with Planning and Technical Services staff, the City would have no effective means of enforcing a restriction to students in that, while staff could determine how many persons there were, the reality would be, for example, how to define whether someone was a student, a student part of the year but not in the summer or a student at Community College or at the Refinery. 87 -669 COMMON COUNCIL SEPTEMBER 7,1999 Question being taken, the amendment to the motion was carried with the Mayor and Deputy Mayor voting "nay". The by-law entitled, "By-law Number C.P. 100-510 A Law To Amend The Zoning By-law Of The City of Saint John", was read in its entirety. Question being taken, the motion, as amended, was carried. (Councillor Titus withdrew from the meeting as he was not present for the June 28, 1999 public hearing of the proposed re-zoning of property located at 27 Paradise Row.) 28. Zoning By-law Amendment To Re-Zone 27 Paradise Row Consideration was given to third reading of a proposed Zoning By-law amendment to re-zone property located at 27 Paradise Row, first and second readings having been given at the June 28, 1999 public hearing at which time Council adopted the Planning Advisory Committee's recommendation that third reading not be given until such time as appropriate conditions pursuant to Section 39 of the Community Planning Act could be recommended. 34. Planning Advisory Committee Section 39 Conditions To Re-ZoninQ Of 27 Paradise Row Consideration was also given to a report from the Planning Advisory Committee advising of its consideration on August 31, 1999 of the submitted report from Planning staff recommending that third reading be given to the re-zoning of a parcel of land located at 27 Paradise Row subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the conditions as stated, and of Richard Turner's request, on behalf of the applicant, that construction be allowed to proceed in phases, the first phase to be the construction of unit #1 only and this would be done prior to the construction of the Paradise Row access; also advising that, given the limited size of the first phase, staff indicated that this would be acceptable, and the Committee adopted a revised recommendation; and recommending that Common Council give third reading to the proposed re-zoning subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the conditions as stated, and assent to any necessary public utility easements. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the above recommendation of the Planning Advisory Committee be adopted. Councillor Court, referring to condition (a) which would allow first phase access to Millidge Street, expressed the view that Millidge Street was not suitable for access as it was a dangerous street and only good for only one traffic route, either going up or down and, in the winter time, only going down; and asked what the Engineering Division would do if the City were to go ahead with allowing access on Millidge Street. Mr. Groody replied to the effect that it would have to do whatever it could to make the street as safe as possible and do its best to keep it clear within the limits of its capabilities, although assurance could not be given that the street would be absolutely accessible under all conditions and circumstances. Councillor Court asked, as he assumed construction trucks would be using Millidge Street during the first phase, if there were plans to put up signage or widen Millidge Street, to which Mr. Baird replied that the present detailed proposal included a significant investment in a properly constructed, properly graded driveway that would access directly onto Paradise Row and not utilizing Millidge Street, and this was the recommendation contained in the Planning staff report and, clearly from a safety and access perspective, that was the appropriate way to go and, in referencing the recommended condition (a), made the observation that the question was whether or not Council wanted to permit the initial development of phase 1 only to have access to Millidge Street as it presently stands or to go with the initial recommendation that all development must access from Paradise Row in that, while clearly from a safety perspective Paradise Row is the most appropriate, from the developer's perspective he was concerned about the phasing and 87 -670 COMMON COUNCIL SEPTEMBER 7,1999 getting his development going. As to the timing of phase 2, Mr. Baird advised that staff did not have a definitive time period on that at this time as the developer indicated that, while they have a firm commitment on phase 1, they were only in the process of negotiating with respect to phase 2. Councillor Court advised that he could not support going ahead with access onto Millidge Street for phase 1 unless it was the intent to widen the road; expressed concern that, if there was no time frame and phase 1 went through, there might not be a phase 2 and the other conditions would never apply, and asked if there could be a timeframe placed on when the commercial usage could be cut off. Mr. Baird replied that, while possible to do that, it would become quite cumbersome because, in fact, phase 1 would occur and, if there were an additional condition indicating one year, the City would be into a difficult enforcement issue requiring someone to undertake a significant amount of construction when phase 1 was already up; and expressed the view, from staff's perspective, that the original recommendation would be the more appropriate way to go requiring the access to be done first and the developer proceed with the development in phases. Councillor Court proposed a tabling motion for a report from staff with recommendations on what would be done with respect to that street. The Mayor asked, if Council tabled this matter, staff could come back with a clearer recommendation, and Mr. Totten noted that Council had before it both the staff recommendation to the Planning Advisory Committee and the Planning Advisory Committee recommendation to Council, and confirmed that Council could approve the staff recommendation. Councillor Fitzpatrick concurred with tabling this matter for staff to speak to the developer and come back to Council with more clarification on what the intent was. Councillor Desmond suggested that Council could approve the recommendation with the exception of condition (b), and Mr. Totten advised that this would not accomplish what was wanted. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be laid on the table for a report from the City Manager. Question being taken, the tabling motion was carried with Councillors Ball, Chase and White voting "nay". (Councillor Titus re-entered the meeting.) 29. Zoning By-law Amendment To Re-Zone 477 MillidQe Avenue On motion of Councillor White Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-511 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning parcel of land located at 477 Millidge Avenue (a portion of NBGIC Number 55115059), having an approximate area of 5000 square metres (53,821 square feet), from "R-1 B" One Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions:- (a) the following uses be prohibited on the subject site: a gasoline bar, a car sales lot or a mobile or travel trailer sales lot, a repair garage, a service station, or a car and/or truck wash; (b) parking and loading areas and driveways must be developed with an asphalt surface enclosed with continuous concrete curbing; (c) public utilities must be provided underground; (d) adequate site drainage facilities, including catch basins connected to the City storm sewer system, must be provided in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer; (e) all areas of the site not occupied by buildings, structures, parking, and driveways must be landscaped and maintained; (f) the above-mentioned work must be undertaken in accordance with a detailed site plan approved by the Development Officer; (g) no building permit shall be issued, except for site preparation work, until the mentioned site and drainage plans are approved; and (h) all required work must be completed to the satisfaction of the Development Officer and Chief City Engineer within one (1) year from the issuance of the building permit. 87 -671 COMMON COUNCIL SEPTEMBER 7,1999 The by-law entitled, "By-law Number C.P. 100-511 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. 30. Zoning By-law Amendment To Re-Zone 375 Somerset Street On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-512 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 375 Somerset Street (NBGIC Number 46169), having an area of approximately 580 square metres (6,250 square feet), from "IL-1" Neighbourhood Institutional to "R-2" One and Two Family Residential 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. 100-512 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. 32. Street Closing By-law Amendment Moore Street And Osborne Avenue On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to the following portion of highway: MOORE STREET AND OSBORNE AVENUE: ALL that certain 480m2 portion of Moore Street and all that certain 641 m2 portion of Osborne Avenue (formerly Rockland Road) situate in the City of Saint John in the County of Saint John and Province of New Brunswick lying to the northeast of that portion of Rockland Road discontinued by resolution of Common Council adopted July 2, 1969 and more particularly shown on a plan of survey titled "Plan of Survey Showing portions of Moore Street and Osborne Avenue (formerly Rockland Road), City of Saint John, Saint John County, New Brunswick, certified correct Hughes Surveys & Consultants Ltd. surveyed by John E. Calvin, New Brunswick Land Surveyor dated June 9, 1999 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Desmond expressed concern about closing the portion of street in question in the absence of plans to indicate what the developer proposed to do with the property in question, as well as without knowing the cost to the City on street upgrading that could be necessary as a result of the proposed development; to which Mr. MacKinnon commented in terms of the City Manager's report to Council in this regard and the indication therein that the limits of the development did not carry out onto either Millidge or Kitchener Street and that, even without the development, the existing development in the area was starting to impact both those streets, and these intersections would have to be addressed by Engineering and the Works Divisions. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Desmond voting "nay". 87 -672 COMMON COUNCIL SEPTEMBER 7,1999 33. Street Closing By-law Amendment Re Portion Of Westfield Road On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to the following portion of highway: WESTFIELD ROAD - All that portion of the highway, now known as the Westfield Road, shown on a plan titled "Province of New Brunswick Dept. of Public Works, Highway Division, Plan of Highway Diversion Shewing Land acquired from H.C. Perry Parish of Lancaster, St. John County" filed in the Saint John County Registry Office on July 14, 1921 as File 13 No. 74 which is located within the boundaries of Lot 78-1 shown on the Subdivision Plan Walter W. Moore Subdivision Lawrence Long Road, Acamac - City of Saint John, Saint John County N. B." dated April 17, 1978 and filed in the aforesaid Registry Office on July 13, 1979 as No. 734 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 35. Planning Advisory Committee Street Access 31 Birchmount Road On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced tentative subdivision plan of 31 Birchmount Road that would vest Part "C" for street purposes. Question being taken, the motion was carried. 36. Planning Advisory Committee Subdivision Assent & Agreement 1060-1076 ManawaQonish Road On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the proposed development of six two-storey townhouse units with a private courtyard at 1060-1076 Manawagonish Road, as illustrated on the submitted photo-reduced site plan, and to any required municipal services or public utility easements; and (2) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work and facilities, including drainage and site plans for the approval of the Chief City Engineer. Question being taken, the motion was carried. 37. Planning Advisory Committee - Assent To Subdivision 985-1001 MillidQe Avenue On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan that would vest municipal services and public utility easements for the 87 -673 COMMON COUNCIL SEPTEMBER 7,1999 Manners Sutton Place Subdivision at 985-1001 Millidge Avenue, as well as to any other necessary municipal services or public utility easements for this development. Question being taken, the motion was carried. 38. Department Of Transportation - Program For Provincially-DesiQnated HiQhways On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Director of Design of the New Brunswick Department of Transportation requesting the Municipality to update and forward five-year priorities for improvements to Provincially-designated highways, with a copy to the Transportation District Engineer in the area, as soon as possible but no later than September 30, 1999, for evaluation along with the needs of the other 102 municipalities of the Province in the preparation of its Program for improvements to Provincially-designated highways, be referred to the City Manager. Question being taken, the motion was carried. 39. FCM - Call For Resolutions On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the memorandum from the Federation of Canadian Municipalities calling for resolutions on subjects of national interest for debate at the December 1999 meeting of FCM's National Board of Directors, with resolutions to be received no later than October 29, 1999, be referred to the City Manager. Question being taken, the motion was carried. 40. James D. Parlee - Removal Of Heritage Designation 40 Orange Street & 107 Carmarthen Street On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the letter from James D. Parlee requesting the removal of the heritage designation from his eight-family property at 40 Orange Street and 107 Carmarthen Street, be referred to the Preservation Review Board for a report to Council. Question being taken, the motion was carried. 41. Eric L. Teed (a) Signage For Fort Howe Site & (b) Re Various Historic Military Sites 41{a) On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Eric L. Teed submitting an historical article on Fort Howe done in 1966 by the late William G. Power; noting that, although the road from the eastern end leading up to the three flags was officially called Studholme Drive, this has apparently been lost sight of over the years as there are no signs to this effect, and the road leading up from Magazine Street to join Studholme Drive was a new road built in the 1960s; and suggesting that Council could direct that an appropriate identification sign be placed at the eastern entrance to Fort Howe stating "Studholme Drive", be referred to the City Manager. Question being taken, the motion was carried. 87-674 COMMON COUNCIL SEPTEMBER 7,1999 41{b) On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Eric L. Teed advising the manner in which he responded to a letter he received from D.R. Crandall similar to the letter received by Council at its August 23, 1999 meeting from Mr. Crandall respecting certain historic military sites in the City, be received and filed. Question being taken, the motion was carried. 42. Food Bank & Veterinary Clinic Re ParkinQ On Main Street On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Food Bank and the Veterinary Clinic requesting one-half hour parking on Main Street in front of these establishments, be referred to the City Manager and the Parking Commission. Question being taken, the motion was carried. 43. Main Street Baptist Church Re North End NeiQhbourhood Corn Boil On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Main Street Baptist Church extending an invitation to its North End Neighbourhood Corn Boil on September 12, 1999, and advising of the commencement on September 19 of its Prime Time Neighbourhood Children's Ministry, be received and filed with thanks for the invitation. Question being taken, the motion was carried. 44. Jeff And Katherine Fulton Amendment To Section 39 Conditions Re-ZoninQ Of 213-217 Ludlow Street On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the application of Jeff and Katherine Fulton for an amendment to the Section 39 conditions of re-zoning of property located at 213-217 Ludlow 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, October 18, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk