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2000-04-10_Minutes 87 -921 COMMON COUNCIL APRIL 10, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of April, A.D., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; 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; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; P. Asimakos, Community Planner; G. Tait, Fire Chief; C. Haney, Police Force; 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 Rev. David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on April 3, 2000, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that an item be added to the agenda of this meeting as 5A. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary proclaimed April 9 to 15, 2000 as Volunteer Recognition Week, and April 2000 as Cancer Awareness Month in the City of Saint John. (Deputy Mayor Chase withdrew from the meeting.) *5A. Councillor Court, a member of the committee on shipbuilding, noted the absence from the meeting of committee chairman Councillor Vincent; and, having expressed the view that he thought it important to say a few words about the committee's trip to Ottawa, read a prepared statement in this regard, concluding with the observation that the committee was working on behalf of shipyard workers, builders, suppliers, etc., there being a need for a healthy shipbuilding industry in the country, and the need for a summit or round-table discussion, and it was the committee's intent to work toward that. 87 -922 COMMON COUNCIL APRIL 10, 2000 On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above report be received and filed. Question being taken, the motion was carried. The Mayor asked for consideration of item 6 at this time, whereupon Councillor Trites proposed a motion, which was seconded by Councillor Titus, that Council proceed with item 3, a presentation by The Saint John Foundation. 3. The Saint John Foundation Consideration was given to a brief from The Saint John Foundation setting out information on its purpose, background, objectives, membership, contributions, donors, annual grants, grant criteria, community advancement and benefits to Greater Saint John. Jane Barry, Executive Director of The Saint John Foundation, presented overhead slides setting out the above information, and circulated visuals during her comments. Mayor McAlary thanked Mrs. Barry for her presentation on behalf of The Saint John Foundation. 7. Tender For Fire Department Uniforms On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Atlantic Police & Security Supply Ltd., at a total cost of $32,924, plus tax, be accepted for the supply of new uniforms for the Saint John Fire Department. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 8. Traffic By-law Amendment Re ParkinQ On MontQomerv Crescent On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that, having been asked to review the parking issue on Montgomery Crescent around the medical clinic, staff's review concluded that the residents and the medical clinic use the street for parking purposes and, with the current parking configuration, the first 100-metre portion of the street by the medical clinic is, in effect, reduced to one lane of traffic; also advising that both the Works Division and Police Force have commented that a parking restriction would be an advantage particularly to snow equipment and emergency vehicles, and that staff recommends that parking be eliminated on the south side of Montgomery Crescent for its entire length, the south being the odd number side of the street; and recommending that the proposed amendment to the Traffic By-law receive first and second readings and be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Montgomery Crescent, be read a first time. Question being taken, the motion was carried. 87 -923 COMMON COUNCIL APRIL 10, 2000 Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Montgomery Crescent, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 9. Municipal Plan Amendment And Re-Zoning Of Property In Old Black River Road I McAllister Industrial Park Area Read a report from the City Manager advising of Saint John Industrial Parks Ltd. 's application for a Municipal Plan amendment and re-zoning of a parcel of land adjacent to the Regional Correctional Centre property in the area of Old Black River Road and McAllister Industrial Park, as indicated on the submitted Map 1, and to have this land included as part of McAllister Industrial Park and, in preparing this application for its initial advertisement and public presentation, staff became aware of a number of inconsistencies among the Municipal Plan designations, zoning and land use in the immediate area, thus a number of "housekeeping" changes to Schedule 2-A and the Zoning Map are proposed at this time in order to eliminate these inconsistencies as illustrated on the submitted Map 2 and Map 3, with the submitted Map 4 illustrating how the area would be designated on Schedule 2-A of the Plan after the proposed changes are enacted and the submitted Map 5 illustrating the proposed changes to the Zoning By-law. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Council initiate the proposed changes to Schedule 2-A of the Municipal Development Plan and to Schedule A of the City of Saint John Zoning By-law as indicated on the submitted Map 3 and Map 5, respectively, with regard to property in the Old Black River Road / McAllister Industrial Park area. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 4. Saint John Transit Commission - 1999 Annual Report Peter Gaulton, Chairman of the Saint John Transit Commission, Commission members Susan Isaacs-Lubin, Michael Arbow and Donald Smith; General Manager Frank McCarey, and Comptroller Wayne Thorne, were present at the meeting for the presentation of the Commission's 1999 Annual Report as previously submitted. Mr. Gaulton introduced the Commission representatives, offered to respond to questions on the 1999 Annual Report; and advised of the approximate 1.2% increase in ridership in 1999 over the previous year, having carried approximately 2.5 million passengers last year which, in his opinion, was quite a significant accomplishment for the system. Mr. McCarey noted the inclusion, in the 1999 Annual Report, of the benchmark report, as well as the addition of a report on the bus fleet average age and, in the latter regard, advised of the Commission's considerable concern at the average age of its fleet being now over twelve years. The Mayor thanked the members of Saint John Transit Commission for their commitment to the Commission. 87 -924 COMMON COUNCIL APRIL 10, 2000 On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the 1999 Annual Report of the Saint John Transit Commission be received and filed. Question being taken, the motion was carried. 6. Water And SeweraQe Utilitv - 2000 Capital BudQet Consideration was given to a report from the City Manager submitting, for review and consideration, the recommended year 2000 Capital Budget for the Water and Sewerage Utility, in the amount of $7,856,000, including a schedule of projects, with cost estimates and proposed cost sharing, in the three program areas of Infrastructure, Water System and Sanitary, and project summaries outlining the scope of each project; and recommending approval of the submitted Budget. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the year 2000 Water and Sewerage Utility Capital Budget in the amount of $7,856,000, as outlined in the City Manager's submitted report dated March 23, 2000, and set out in the submitted schedule of projects. Mr. Groody highlighted the proposed 2000 Capital Budget for the Water and Sewerage Utility through an automated presentation, providing an overview of long- term considerations taken into account not only in the preparation of the Budget before Council at this time but also in preparing the long-term plan for water and wastewater for the City which staff hopes to present to Council within the very near future, and summarizing the projects proposed in the Infrastructure, Water System and Sanitary Programs. Mr. Groody noted the reflection in the proposed Budget of directions set out in the 1993 Saint John Wastewater Strategy and the 1999 Saint John Water Strategy, along with ongoing work to secure the integrity of the water and sanitary systems, as well as the need for cost sharing with the Provincial Department of the Environment for the Infrastructure Program and a Sanitary Program project in order to complete the current phase of the North End Wastewater Scheme and in the construction of a septage receiving station at the Lancaster sewerage treatment plant. During discussion Councillor Desmond advised that he would not support the water part of the proposed Budget without some expansion of services to areas of the City that could be opened up for development. Question being taken, the motion was carried with Councillor Desmond voting "nay". 10. Provision Of Compensatory Storage For Westmorland Road Development Consideration was given to a report from the City Manager referring to Council's previous authorization of the sale of compensatory storage in the flood risk area, the vast majority having been provided for the development of First Professionals on Westmorland Road, as well as to the guidelines adopted by Council for the sale of compensatory storage; advising of an approach to City staff in March 2000 of representatives of J. D. Irving Limited (Kent's Building Supplies) who indicated that an agreement had been reached with First Professionals to convey a portion of the Westmorland Road development site to J. D. Irving Limited for a proposed new Kent's Building Supplies store, and that J. D. Irving Limited (Kent's Building Supplies) have now requested that Council consent to selling an additional 6,500 cubic metres of compensatory storage at the same unit price of $5.41/cubic metre as has recently been sold to First Professionals; however, the request, although consistent with previous development arrangements on Westmorland Road, is not consistent with the policy adopted by Council as J. D. Irving Limited (Kent's Building Supplies) has the capacity to provide its own compensatory storage on Golden Grove Road for its new development. The report advises the reasons for this request; states that staff, in consideration of all the factors, including the possibility that the request could have been made by First Professionals who clearly cannot provide compensatory storage, can support J. D. Irving Limited's request; and setting out a recommendation in this regard. 87 -925 COMMON COUNCIL APRIL 10, 2000 On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the above report be received and filed: AND FURTHER that as recommended by the City Manager, J. D. Irving Limited be advised that Common Council will sell compensatory storage, calculated at the rate of $5.41 per cubic metre, for each cubic metre of flood storage displaced by the development, up to $6,500 cubic metres, at Westmorland Road. Question being taken, the motion was carried. 11. Subdivision - 450-500 Westmorland Road Consideration was given to a report from the City Manager advising that the third phase of the First Westmorland Shopping Centres Ltd. development at 450-500 Westmorland Road will consist of a new Kent Home Improvement Warehouse store to be located at the southwest corner of the site adjacent to the Canadian Tire property and, unlike the other phases of the development, Kent proposes to develop and own its site rather than lease from First Westmorland Shopping Centres Ltd.; and submitting a tentative subdivision plan which would create a separate lot for the Kent's development, as well as the extension of Mark Drive as a public street which is consistent with the approved proposal. The report also advises that, although not indicated on the tentative plan, it is also required at this time to create that portion of the proposed connecting street to McAllister Drive that is within the present boundaries of the First Westmorland property (i.e. extending from the northwesterly terminus of the extended Mark Drive to Majors Brook), and the applicant has agreed to include this on the final subdivision plan and, although Common Council has already given its assent to the extended Mark Drive and the proposed connecting street on September 28, 1998, it is now necessary for Council to authorize the preparation and execution of one or more subdivision agreements, and staff is also recommending that Council authorize cost sharing in a manner similar to residential subdivision cost sharing, pursuant to Section 26 of the Subdivision By-law. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council (1) authorize the preparation and execution of one or more subdivision agreements to ensure completion of the necessary work in conjunction with the proposed First Westmorland Shopping Centres Limited Subdivision, Lot 00-01, Mark Drive, 450-500 Westmorland Road; and (2) authorize subdivision cost sharing in a manner similar to residential subdivision cost sharing pursuant to Section 26 of the Subdivision By-law. Question being taken, the motion was carried. 12. ZoninQ Bv-Iaw Amendment - Pits And Quarries Consideration was given to a report from the City Manager advising that, since the provision to Council last fall of a report listing the issues and next steps to be taken on the regulation of pits and quarries, further input from both the industry and interested citizens has been received and staff is now prepared to move forward with amendments to the Zoning By-law, including the adoption of a new Pit and Quarry Zone, new definitions and other amendments to deal with short term excavations; commenting on the proposed Pits and Quarries Zone, and proposed new standards by which a pit or quarry must operate, environmental impacts of excavation, progressive rehabilitation of pits and quarries, access and truck traffic, excavation permit application, short term excavations, and a request by the residents committee for a moratorium to be placed on new pits and quarries while Council is considering the establishment of the Pit and Quarry Zone; and setting out a recommendation in this regard. 87 -926 COMMON COUNCIL APRIL 10, 2000 On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council initiate the submitted amendment to the Zoning By-law with regard to pits and quarries, set the public hearing date of Monday, May 15, 2000,at 7:00 o'clock p.m., and refer the proposed amendment to the Planning Advisory Committee for a report and recommendation: AND FURTHER that as recommended by the City Manager, pursuant to Section 71 of the Community Planning Act, the development of new pits and quarries be prohibited until the submitted proposed Zoning By-law amendment becomes valid or fails to become valid. Question being taken, the motion was carried. Councillor Titus asked to speak to item 10 and, in response to the Mayor's question of whether or not he wanted to ask a question or to reconsider the item, advised that he wanted to reconsider the item. Motion To Reconsider Item 10 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that agenda item 10 be reconsidered at this time. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 10. Agenda item 10, being a report from the City Manager recommending the sale of compensatory storage to J. D. Irving Limited with regard to a development on Westmorland Road, was reconsidered. On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the above report be received and filed: AND FURTHER that as recommended by the City Manager, J. D. Irving Limited be advised that Common Council will sell compensatory storage, calculated at the rate of $5.41 per cubic metre, for each cubic metre of flood storage displaced by the development, up to $6,500 cubic metres, at Westmorland Road. Councillor Titus spoke against the motion on the basis that he saw no reason to deviate from, nor would he support a deviation from, the guideline in question, and it would set a bad precedent to deviate when a company has more than adequate or sufficient land in the area in question on which to put its storage. Question being taken, the motion was carried with Councillor Titus voting "nay". (Councillor Fitzpatrick withdrew from the meeting as he was not present for the January 24, 2000 public hearing of the proposed re-zoning of property located at 257 and 273 Mark Drive and 641 Loch Lomond Road, and the April 3, 2000 public hearing of the proposed re-zoning of property located at 1045 Rothesay Road.) 87 -927 COMMON COUNCIL APRIL 10, 2000 13. Zoning By-law Amendment To Re-Zone 257 And 273 Mark Drive, 641 Loch Lomond Road & ImposinQ Of Section 39 Conditions On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-526 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGIC Numbers 313155 and 55123509 and part of 424440), having an area of approximately 6 hectares (15 acres), from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park 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 use of the rezoned area is limited to the applicant's proposal to develop a business park subdivision; b) No lot in the proposed Business Park shall be developed, except in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer. c) No lot in the proposed Business Park shall be developed, except in accordance with a detailed site plan and detailed elevation plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating all buildings, structures, landscaped areas, parking areas, driveways, exterior lighting, signs and other site features. d) The plans mentioned in (b) and (c) above must be attached to the building permit application for the development to which it applies, but not including any permit for site preparation or foundation. e) All parking areas, loading areas and driveways must be paved with asphalt and enclosed with continuous cast-in-place concrete curbs. f) All areas of the site not occupied by buildings, structures, parking areas, loading areas and driveways must be landscaped, and the landscaping must extend into the street right-of-way to the edge of the developed street. g) Prior to a building permit being sought for development of any lot, the developer must extend all required services including municipal water, sewer, storm sewer, telephone and power and street lighting to the lot. Where the existing overhead utility lines exist on the section of Mark Drive between Martha Avenue and Loch Lomond Road, such overhead lines must be replaced by underground or rear-lot overhead lines at the developer's expense. h) Prior to a building permit being sought for development of any lot, the developer must either: (1) in accordance with detailed plans to be prepared by the developer and subject to the approval of the Chief City Engineer, install concrete curb and sidewalk meeting City specifications along the frontage of the lot (dropped at driveway entrances), together with necessary asphalt pavement between the edge of the curb and the existing paved surface of the street; or (2) provide security to the City in an amount to be determined by the Chief City Engineer, based on City specifications, to ensure the completion of the work described in subparagraph (1) above prior to occupancy of the building. i) In addition to the above conditions, the following conditions apply specifically to that portion of the proposed Business Park lying between the proposed City-owned buffer area adjacent to Silver Falls Park subdivision and the proposed Mark Drive by- pass road, as well as to the first lot adjacent to the residential lot at 280-282 Mark Drive: (1) Warehouses, industrial services and general manufacturing are prohibited. (2) All facades of the buildings must include high quality finishes similar to that required for the street-facing facade. (3) There shall be no access to any lot in the Business Park from the proposed residential section of Mark Drive. (4) A minimum building setback of 15 metres (50 feet) and a minimum parking setback of 7.5 metres (25 feet) must be provided from any lot line adjacent to the proposed City-owned buffer area. The setback area must be graded and landscaped in a manner that provides a visual screen from the residential properties on the existing Mark Drive. 87 -928 COMMON COUNCIL APRIL 10, 2000 (5) Buildings and structures shall have a maximum height of one storey. (6) Lighting fixtures shall not be placed on the rear or side facades of buildings. If exterior lighting is required in the rear or side yard areas of a property, it must be mounted on poles and directed back towards the building. This requirement is in addition to the general requirement in Section 820(14) of the Zoning By-law, which applies to the whole rezoned area, that "no lighting facility or illuminating device for any purpose may be arranged in such a manner that directs rays of light therefrom to fall upon adjoining premises." (7) Construction vehicles are not permitted to use the residential section of Mark Drive. j) A minimum 18-metre (60-foot) wide landscaped buffer area must be created and maintained adjacent to the residential lot at the intersection of the existing Mark Drive and Martha Avenue (civic # 280-282 Mark Drive). The buffer area must be developed and maintained in accordance with a detailed plan, subject to the approval of the Development Officer, illustrating the exact features to be employed. k) The issuance of any building permit on any existing lot and/or the creation of any lots within the rezoned area shall require the vesting of sufficient easements for any necessary service extensions/ improvements. I) No lot shall be developed within the rezoned area, other than site preparation, until such time as the proposed Mark Drive by-pass is completed and open to traffic. m) No building shall be occupied until all work indicated on the approved site and drainage plans mentioned in conditions (b) and (c), except landscaping, is completed for the lot on which the building is located. Landscaping of the lot on which the building is located must be completed no later than one year following issuance of the building permit for the development." The by-law entitled, "By-law Number C.P.100-526 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. (Councillor Chase withdrew from the meeting as he was not present for the April 3, 2000 public hearing of the proposed re-zoning of property located at 1045 Rothesay Road.) 14. Zoning By-law Amendment To Re-Zone 1045 Rothesav Road On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-527 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns re-zoning (a) two portions of a parcel of land located at 1045 Rothesay Road (portions of NBGIC Number 296798), having a total area of approximately 829 square metres, from "1-1" Light Industrial to "RS-2" One and Two Family Suburban Residential classification, and (b) an approximately 54-square-metre portion of the same parcel of land, from "RS-2" One and Two Family Suburban Residential to "1-1" Light Industrial 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. 100-527 A Law To Amend The Zoning By-law Of The City of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Chase and Fitzpatrick re-entered the meeting.) 15. Planning Advisory Committee - Subdivision Of 257 & 273 Mark Drive & 641 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to one or more subdivision 87 -929 COMMON COUNCIL APRIL 10, 2000 plans, in one or more phases, with respect to any required street widening, municipal services easements and public utility easements for the proposed subdivision of land at 257 and 273 Mark Drive and 641 Loch Lomond Road (NBGIC Numbers 313155, 55123509 and part of 424440). Question being taken, the motion was carried. 16. Planning Advisory Committee - Subdivision 1045 Rothesav Road And 3 Drurv Cove Road On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted D. Hatfield Ltd. and Leroy Hatfield Subdivision, Rothesay Road, with respect to the vesting as a public street of sufficient area at the intersection of Rothesay Road and Drury Cove Road that would remove the encroachment of the travelled road now located on the subject property. Question being taken, the motion was carried. 17. Fundy Region Solid Waste Commission Financial Statements And Auditor's Report On motion of Councillor White Seconded by Councillor Trites RESOLVED that the memorandum from the Fundy Region Solid Waste Commission submitting its Financial Statements and Auditor's Report for the Fiscal Year ended December 31, 1999, pursuant to section 7, Regulation 96-11 under the Clean Environment Act, be received and filed. Question being taken, the motion was carried. 18. Economic Development, Tourism And Culture DesiQnation Of Saint John Harbour Defensive Network On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Manager of Planning and Commemorations, Heritage Branch of the Provincial Department of Economic Development, Tourism and Culture, officially informing Council that the Saint John Harbour Defensive Network was officially declared a Provincial historic site on March 30, 2000 by The Honourable Peter Mesheau; submitting a photocopy of the official designation; and advising that a commemorative plaque is presently being produced and he will be in touch with City officials in the near future to discuss location and unveiling of the plaque, be received and filed. Question being taken, the motion was carried. 19. FCM - Policy Priorities, Web Site And Career Centre Information & Canada Post Rate Reduction To Members On motion of Councillor White Seconded by Councillor Trites RESOLVED that the letter from the Federation of Canadian Municipalities acknowledging receipt of the City of Saint John's FCM membership fees, and advising of its four policy priorities identified for this year, as well as of its career centre; inviting Council to visit the FCM web site; and reminding Council of the Canada Post rate reductions available to FCM members, be received and filed. Question being taken, the motion was carried. 87 -930 COMMON COUNCIL APRIL 10, 2000 20. Ralph Holyoke - Re-Zoning Of Property 80 And 60 DouQlas Avenue On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of Ralph Holyoke for the re-zoning of property located at 80 and 60 Douglas 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, May 15, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 21. Ross & Willa Mavis - Re-Zoning Of Property 1371 Sand Cove Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Ross and Willa Mavis for the re-zoning of property located at 1371 Sand Cove Road 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, May 15, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 22. Atlantic Canada Rickshaws Operation Of Rickshaws In City On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from Trevor Van Egmond, owner of Atlantic Canada Rickshaws, advising that, with Council's permission, he would like to open a rickshaw business in Saint John, and would also like to be informed of any regulations or conditions so he could adjust his plans accordingly; and submitting a proposed agreement between the City of Saint John and his Company, be referred to the City Manager. Question being taken, the motion was carried. 23. Steve Osborne - Request To Address Council Re PostinQ Of Information SiQns, Charlotte Street On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from Steve Osborne requesting to speak to Council regarding the posting of information signs, as part of his protest, at the Provincial Building on Charlotte Street, be referred to the City Manager. In response to a question of the City's jurisdiction in the above regard, Mr. Edwards advised that the signs in question were posted along the City right-of-way, without any authority from the City, and the individual concerned, when asked to remove the signs, did so, going a step further in asking how to get permission to place the signs there; and, as the obvious answer was to get permission from the landowner - the City of Saint John, he indicated he might approach the City. Question being taken, the motion was carried. 87-931 COMMON COUNCIL APRIL 10, 2000 24. Margaret A. Dubee Re Application For DumpinQ Permit For Latimore Lake Pit On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Margaret A. Dubee advising that it has come to her attention that Thomas Construction has applied to the Fundy Region Solid Waste Commission for a dumping permit at its pit in Latimore Lake; and asking that Council and City staff take into consideration the already- compromised quality of life and recommend that Thomas Construction not be allowed to open a dump in Latimore Lake, be referred to the City Manager and the Building Inspector for comment. Councillor Chase, the City's representative on the Fundy Region Solid Waste Commission, clarified that Thomas Construction has applied to the Department of the Environment, not the Commission, for a dumping permit for construction and demolition waste and, under the regulations, the Fundy Region Solid Waste Commission must submit a letter of comment; and advised that it was a matter of record that the Commission objects to construction and demolition waste dumps outside the Commission; and concurred with the motion because staff could comment with the aim, possibly, of the City sending a letter to the Department of the Environment. The question of whether or not the City would have any involvement with the Department of the Environment in this regard was asked, and during discussion the Mayor noted that a report would be forthcoming to Council in this regard. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk