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2000-08-14_Minutes 88-119 COMMON COUNCIL AUGUST 14,2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of August, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Deputy City Manager; 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; G. Tait, Fire Chief; C. Cogswell, Chief of Police; A Martin, Assistant Deputy Chief of Police; D. Forret, Police Constable; 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. Tim Johnson of Forest Hills Baptist Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Vincent Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on July 31, 2000, be approved. Question being taken, the motion was carried. * Added Items On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the City Manager's report on a proposed agreement with Enbridge Gas New Brunswick Inc. (copies of which were distributed to Council members on this date), and a recommendation from Committee of the Whole of this date with regard to Clear View Mobile Homes Ltd. be added to the agenda of this meeting for consideration as items 16A and 16B, respectively. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 1384 Red Head Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law amendment to re-zone (1) a parcel of land located at 1384 Red Head Road (NBGIC Number 340380), having an area of approximately 309 square metes (3,326 square feet, and (2) a parcel of land being a portion of 5 Heaven Haven Lane (NBGIC Number 55053342), having an area of 86 square metres (925 square feet), from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, to change the use of the property from institutional to residential, as requested by Sheila Anne MacDonald, and no written objections were received in this regard. 88-120 COMMON COUNCIL AUGUST 14,2000 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and one letter considered at the Committee's August 8,2000 meeting at which the applicant did not attend, nor did any person with questions or concerns; and recommending that Common Council re-zone (a) a parcel of land located at 1384 Red Head Road, having an area of approximately 309 square metres (3,326 square feet), also identified as NBGIC Number 340380, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, and (b) a parcel of land being a portion of 5 Heaven Haven Lane, having an area of 86 square metres (925 square feet), also identified as NBGIC Number 55053342, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (a) a parcel of land located at 1384 Red Head Road (NBGIC Number 340380) having an area of approximately 309 square metres (3,326 square feet), and (b) a parcel of land being a portion of 5 Heaven Haven Lane (NBGIC Number 55053342), having an area of 86 square metres (925 square feet), from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning (a) a parcel of land located at 1384 Red Head Road (NBGIC Number 340380) having an area of approximately 309 square metres (3,326 square feet), and (b) a parcel of land being a portion of 5 Heaven Haven Lane (NBGIC Number 55053342), having an area of 86 square metres (925 square feet), from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Mavor's Remarks Mayor McAlary noted the celebration of Acadian Day in the City of Saint John on August 15, as well as the anticipated presence in the City of judges for Communities In Bloom; commented on a forthcoming visit to the City commencing August 15 of a delegation from Cuba; and extended congratulations to Sister Mona Kelly of the Order of the Ladies Missionaries on being named to the Order of Canada. 7. Relief For Imperial Theatre & Arts Community Read a letter from Deputy Mayor Chase referring to his initiative at a previous Council meeting on possible relief for the Imperial Theatre and the theatre arts community similar to what was done for Theatre New Brunswick in Fredericton, and 88-121 COMMON COUNCIL AUGUST 14,2000 asking whether or not if, as he understands an approach was made to Premier Bernard Lord concerning this, such a discussion took place, how the approach was made, what was said and what the outcome was exactly. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the above letter be received and filed. As to the status of action in the above regard since the July 17, 2000 Council meeting, the Mayor advised that, to date, she had not met with either the Premier or Minister Betts. Question being taken, the motion was carried. 8. Lilv Lake Pavilion & Labour Temple Consideration was given to a letter from Deputy Mayor Chase concerning the Lily Lake Pavilion as it has been mentioned to him that there may have been some new discussion about a labour temple; and advising that he would like to know if any discussions have taken place or any commitments or promises made of which the entire Council has not been made aware so that all Council are be informed as to the nature and content of discussion. Deputy Mayor Chase referenced the committee examining options for the Lily Lake Pavilion and proposed a motion to request this committee to submit its final report to Council by September 1, 2000. In clarifying the motion, the Mayor referenced the May 1, 2000 Council resolution authorizing the Rockwood Park Advisory Board and the Saint John Horticultural Association to prepare a joint submission on the future of the Lily Lake Pavilion. On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the Rockwood Park Advisory Board and the Saint John Horticultural Association be requested to submit their joint submission on the future of the Lily Lake Pavilion to Council by September 1, 2000. Question being taken, the motion was carried. 9. Official Summer Celebration For City Consideration was given to a letter from Councillor Chase expressing the view that it would be in order for Council to recognize Festival By The Sea as Saint John's "official" summer festival, given the wide-spread community support for it, and asking for Council's support for a motion that would recognize Festival By The Sea as Saint John's official summer celebration. On motion of Councillor Chase Seconded by Councillor Court RESOLVED that Common Council endorse Festival By The Sea as the City of Saint John's official festival. Question being taken, the motion was carried. 10. Tender For PVC Pipe On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of McLennan Sales, in the amount of $51,503.89, plus tax, be accepted for the purchase of 128.1 metres of 900 mm DR 41 PVC pipe. Question being taken, the motion was carried. 88-122 COMMON COUNCIL AUGUST 14,2000 11. Tender For Petroleum Products On motion of Councillor White Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the tender of Ultramar Ltd. be accepted for the establishment of a supply agreement for the provision of unleaded gasoline and furnace oil, and the tender of Irving Oil Ltd. be accepted for the establishment of a supply agreement for the provision of diesel fuel, for a period of one year commencing on approval by Council, at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 12. Tender For Water Transmission Pipe On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Hyprescon Inc., in the amount of $683,785.80, all taxes included, be accepted for the purchase of 1620 lineal metres of 1050 mm diameter Hyprescon concrete pressure pipe. Question being taken, the motion was carried. 13. Designation Of Building Inspector - Enforcement ProceedinQs Re 119-125 Prince William Street Read a report from the City Manager advising that an order of the Building Inspector respecting a violation of the Saint John Zoning By-law has been issued for 119-125 Prince William Street (NBGIC Parcel Number 11437) and, in order to pursue alleged violations which require an application to the Court of Queen's Bench, it is necessary for Common Council to adopt the resolution, as set out herein, designating the current Building Inspector, William Edwards, to initiate and proceed with the application. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: WHEREAS the property that is located at 119-125 Prince William Street (New Brunswick Geographical Information Corporation parcel number 11437), Saint John, NB, is zoned Central Business (B-3) under the Saint John Zoning By-law, but has since approximately the middle of March 2000 been used as an adult entertainment facility wherein some of the persons working therein appear nude or partially nude (the words "adult entertainment facility" and "partial nudity" are defined in the By-law); and WHEREAS the use of a property as an adult entertainment facility is not one of the uses that are permitted in a Central Business zone; and WHEREAS the Building Inspector issued an order that required that the aforesaid use cease but the order has not been complied with and the adult entertainment facility use continues: THEREFORE BE IT RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which will require that the aforesaid violation of the Zoning By-law at the aforesaid property cease immediately. Question being taken, the motion was carried. 88-123 COMMON COUNCIL AUGUST 14,2000 14. Amendment To Council Resolution Re Purchase Of 30 Birchmount Road Read a report from the City Manager advising that, subsequent to Common Council resolution of November 23, 1998 authorizing the purchase of a portion of 30 Birchmount Road, City staff completed the site survey and design for the realignment of Birchmount Road and it was established that the City will only require approximately 587 square feet instead of 969 square feet as approved earlier; and also that, although the property owners have now agreed to sell approximately 587 square feet to the City, due to the long delays and damage to the remaining property during survey and realignment, they insisted upon the same monetary compensation as offered earlier for 969 square feet; and setting out a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council resolution of November 23, 1998 authorizing the purchase of a portion of 30 Birchmount Road be amended by deleting (a) and substituting therefor: (a) authorize the purchase of approximately 587 square feet (56 square metres) of land for use as a public street from J. Ian Scott and Joan E. Scott for $750 plus HST if applicable; and that all other aspects of the resolution remain the same. Question being taken, the motion was carried. 15. Purchase Of 300 Golden Grove Road Consideration was given to a report from the City Manager advising of an offer, about a year ago, by a real estate agent acting on behalf of the heirs of Archie Colpitts to sell to the City a 14-acre parcel of land adjacent to Mystery Lake (300 Golden Grove Road) which is just within the storm water storage/retention project area; and recommending the purchase the subject property. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City of Saint John purchase the fee simple interest in NBGIC Number 436717 adjacent to Mystery Lake (300 Golden Grove Road) from Archie Colpitts Ltd., for the price of $25,000 (plus HST if applicable). Question being taken, the motion was carried. 16. Designation Of Building Inspector - Enforcement ProceedinQs Re 450 Westmorland Road Consideration was given to a report from the City Manager advising that the developer of 450 Westmorland Road now has additional tenants lined up for the next phase of the development and is anxious to proceed and, although condition U) of the Section 39 agreement does not permit further construction at this time, the developer has proceeded with the construction of a strip mall comprising approximately 21,000 square feet and, although the Building Inspector issued a permit for site preparation and piling only, no further building permits can be issued until the conditions of Section 39 have been satisfied or the agreement is amended. The report also advises that the developer is well aware of this condition but has chosen to proceed with construction and a notice of violation was delivered to the contractor on site on July 31, 2000 and both the developer (First Professionals) and the contractor contacted the City and indicated that they had no choice but to proceed even though they were aware it was not permitted and have chosen to continue construction, having acknowledged the possibility that the Building Inspector make seek an order from the Court of Queen's Bench requiring that the building be dismantled. The report further advises that, as there is no indication that First Professionals will at any time soon satisfy the pertinent condition in the Section 39 agreement, the Building Inspector is of the opinion that the City should seek an order from the Court; however, prior to making application to the Court it is recommended that the Building Inspector issue a further notice to the owner which would require the owner to stop work and dismantle the superstructure within 15 88-124 COMMON COUNCIL AUGUST 14,2000 days upon receipt of the order and, if the owner disregarded the order, only then would an application be made to the Court of Queen's Bench; and recommending adoption of the resolution as set out herein. A motion was proposed by Councillor Fitzpatrick and seconded by Councillor Ball to adopt the City Manager's recommendation. The Mayor expressed concern that the proposed action could be seen as the City trying to stop development, and suggested that, as the developer has made application for a Section 39 amendment for which the public hearing is scheduled for September 11, 2000, she would rather Council table the matter and go through the public hearing process to see what happens at that time. The motion to adopt the City Manager's recommendation was withdrawn with the consent of the mover and seconder, and a subsequent motion proposed by Councillor Court and seconded by Councillor Desmond to table the matter was held so that Council members could have an opportunity to speak. Deputy Mayor Chase noted that, as there was no motion on the floor, there was no motion on which to make a tabling motion. Councillor Titus expressed the view that Council, if it were to table the matter and await the outcome of the public hearing, would be neglecting its duty and it could be that, in sending a message that the developer can continue and if the developer put up walls and a roof still not having complied with the conditions, Council would then have to tell the developer to take a whole building down. Councilor Trites expressed concern that putting the recommended action off could be giving tacit approval to the developer and the contractor to continue construction during the period of time until the public hearing takes place and that this could affect any approach the City might make to the Court of Queen's Bench in the future, as well as concern about the precedent that could be set for future developments. Mr. Nugent referenced both the agreement between the City and First Westmorland and the City's Building By-law in that First Westmorland proceeded in putting up the steel despite having acknowledged that this was something it precisely agreed to refrain from doing, and without a building permit knowing that the Building By-law requires a building permit, and has indicated that it is going to go ahead anyway; and made the observation that there were not many instances where an owner of a property has been so directly and flagrantly in violation of both an agreement with the City and the terms of the Building By-law. Mr. Nugent differentiated between this case and one where it is found that a person, having undertaken to build a garage without a building permit, is required to get one and may be fined, this case being one where the developer cannot get a building permit because it is in violation of the terms of the agreement, as indicated in the above report; and advised that, if Council were to direct the Building Inspector effectively to do nothing in terms of enforcement and, if on September 12 the owner has still not satisfied the pre-conditions for this development to have taken place and Council decided to do something then, his advice would be that the City would run a very significant risk that a court would say that Council's consciously addressing the issue of the work that has been done improperly and without legitimate authorization and choosing to do nothing about it militates against providing a remedy to Council, and it might well be considered by a court to be tacit consent by the Council to this developer operating in a fashion that it is not permitted to operate either pursuant to the agreement with the City or the Building By-law and, if Council allowed the developer to continue, it would very significantly limit the City's ability to achieve a remedy subsequently should the City want to pursue that course. Mr. Nugent added that, with regard to the issue of discrimination, it was expected that the City would enforce its by-laws in an even fashion and would not treat somebody who happened to be a developer of a large site significantly different from, perhaps better and more leniently, someone who was undertaking a smaller development and this was also something the City had to be concerned about in terms of, in a practical way, its credibility when it seeks to enforce violations in the future. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: WHEREAS the Building Inspector has advised that First Westmorland Shopping Centres Limited (herein called First) and Meridian Construction Inc. (herein called 88-125 COMMON COUNCIL AUGUST 14,2000 Meridian) have, without a building permit having been obtained for such work and in violation of a Section 39 agreement with the City, commenced the erection and assembly of the structural steel for a new "strip mall" building on First's property that is located on the north side of Westmorland Road, Saint John, N.B., and is identified as New Brunswick Geographical Information Corporation parcel number 55146336: THEREFORE BE IT RESOLVED that in the event that First and Meridian do not comply with the new order that the Building Inspector proposes to issue to First and Meridian to immediately cease work and to dismantle and remove the structural steel and any roofing materials of the new "strip mall" building within 15 days of the service of the order, then the Building Inspector is hereby authorized and directed to apply to the Court of Queen's Bench of New Brunswick for an order that would require First and Meridian to immediately cease work and to, within 15 days or such other time as the Court may allow, dismantle and remove the said structural steel and any roofing materials of the new "strip mall" building. During discussion the Mayor expressed concern that, although the developer is expected under the Section 39 agreement to correct the traffic situation, the developer does not own the land on which to build a road behind the development and has to negotiate with other people on land on which they might not be willing to negotiate, and there might be no more development. Question being taken, the motion was carried with the Mayor and Deputy Mayor voting "nay". 4. Saint John Board Of Police Commissioners Re NeiQhbourhood Police Committees Ed Keyes, Chairman of the Saint John Board of Police Commissioners, was present at the meeting further to Council's invitation of August 14, 2000 for the Commission to make a presentation on neighbourhood police committees, and introduced William Farren of the Commission and Chair of the Steering Committee responsible for the start-up of neighbourhood police committees; Anne-Marie Mullin, a member of the Neighbourhood Police Council Incorporated and the Neighbourhood Police Committee, and Police Constable Dan Forret. Mr. Keyes, through a computer- aided presentation, provided an overview of how the Saint John Police Force responded to the criteria for policing services to develop and establish community consultative committees by establishing the Neighbourhood Police Council Incorporated and four Neighbourhood Police Committees, referencing the need for all police forces in the Province of New Brunswick to comply with the New Brunswick Policing Standards by the Year 2002, which dictate that community-based policing will be the policing delivery model in community policing services. Mr. Keyes explained the primary focus and the composition of the Neighbourhood Police Council and the Neighbourhood Police Committees, as well as the progress to date in establishing these groups, the Executive of each Neighbourhood Committee and provisional directors for the Neighbourhood Police Council Incorporated having been put in place and meetings being held with the Committees which are proceeding independently of each other, with September 6, 2000 being the date for the election of the Neighbourhood Council Executive following which these consultative groups will provide the Force with valuable information regarding the community's concerns and expectations. The Mayor thanked Mr. Keyes for his comments, and noted the forthcoming National Board of Police Commissioners Conference, followed by the Canadian Association of Chiefs of Police Conference in Saint John. 5. Fundy Region Solid Waste Commission Leachate ManaQement At Landfill Site Consideration was given to a memorandum from the Fundy Region Solid Waste Commission, dated July 18, 2000, submitting a copy of Neill and Gunter Limited's report Crane Mountain Landfill Water Purification Facility Report On Performance Test 12-19 April 2000, dated June 30, 2000, further to Council's invitation to the Commission of July 17, 2000 to present its report on the Zenon leachate treatment plant at the Crane Mountain landfill; and advising of the Commission's acceptance of the engineer's recommendation that the performance test satisfies the requirements of the contract with Zenon. Consideration was also given to a memorandum from the Commission, dated 88-126 COMMON COUNCIL AUGUST 14,2000 August 10, 2000, advising the General Manager's intent to review several matters to do with leachate management at the Crane Mountain landfill as follows: (1) the result of the performance tests of the water purification plant (the Zenon system); (2) quantity and quality of pretreated leachate sent to the Lancaster sewage treatment plant, in accordance with an agreement with the City; and (c) the Commission's strategic approach to leachate management in the long term. Jens Jensen, General Manager of the Fundy Region Solid Waste Commission, addressed Council on the issue of leachate management, referencing the information in the above-noted correspondence, and the presence at the meeting of David Cameron of Neill and Gunter Limited. Mr. Jensen made the observation that the performance tests showed that the leachate system works extremely well and reliably produces the treated effluent which, without exaggeration, is as good as tap water, and that the Commission was now engaged in a period of time during which it would prove that the system operates reliably twenty-four hours a day seven days a week for a period of time sufficient to enable the Commission to apply to the Department of the Environment for permission to discharge into a small watercourse on site rather than continuing to truck it into the City. Mr. Jensen advised that the expense of getting to this point, together with the Commission's additional operating costs involved during that period, are reimbursable to the Commission from the manufacturer and, to do with leachate management more generally, advised that the Commission was looking forward to the day when it no longer has to use the City's facilities, although there may be some extreme emergencies, like the 1998 ice storm, where the operation would be knocked out altogether at which time Emergency Measures officials would tell the Commission what action to take, which could be to truck whatever liquid there was to a municipal plant as an emergency measure, but as far as routine operation is concerned the Commission will not be with the City any more in that regard. As to the quality and quantity of treated leachate sent to the City, Mr. Jensen advised that the quantity has been very much as predicted, although the quality has fluctuated a bit as the system went through the extensive starting-up process; however, since the first week of March or so when the system was finally set up with all of the automatic controls and all the rest running the way the Commission wanted them to, the Commission has had nothing but an A-plus record as far as performance is concerned, with the two events that caused it to send partially-treated leachate to the City having been because of extreme rainfall events. On the question of leachate storage, Mr. Jensen summarized to the effect that the storage required to enable the plant to respond to fluctuations in gallons per minute coming in must be accommodated partly by recirculation of the treated liquid through the cell storage within the cell and then storage within the Zenon system itself and the Commission is subject to a couple of fluctuations like that until the third landfill cell is constructed in the summer of 2001 at which point the storage issue should be behind it and this plant should be routine and continue to be successful. Mr. Jensen responded to questions in the above regard, and Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, expressed appreciation for the opportunity for Mr. Jensen to make this presentation to Council. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the presentation on behalf of the Fundy Region Solid Waste Commission on leachate management be received and filed. Question being taken, the motion was carried. *16A. AQreement With EnbridQe Gas Read a report from the City Manager submitting for Council's approval a Municipal Operating Agreement with Enbridge Gas New Brunswick Inc., further to Common Council resolution of July 17, 2000 authorizing the City Manager to finalize an agreement. 88-127 COMMON COUNCIL AUGUST 14,2000 On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the submitted Municipal Operating Agreement with Enbridge Gas New Brunswick Inc., and authorize the Mayor and Common Clerk to execute the agreement. Question being taken, the motion was carried. *16B. Clear View Mobile Homes Ltd. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the City of Saint John issue a call in the amount of $60,000 upon the documentary credits issued on behalf of Clear View Mobile Homes Ltd. in favour of the City with respect to the fulfillment of terms and conditions imposed upon the Company pursuant to section 39 of the Community Planning Act, in connection with the Company's property on Rothesay Avenue, such amount being the estimated cost of correcting the Company's default in fulfilling its obligations established by the aforesaid terms and conditions respecting improvements to storm water drainage, planting of trees, the establishment of buffer areas, and the installation of playground equipment, and extend the date for completion of the remaining work required by the terms and conditions to October 1, 2000. Councillor Titus advised he would not support the motion on the basis of his view that the Company should pay a price for the extension. Question being taken, the motion was carried with Councillor Titus voting "nay". 17. Public Presentation Of Municipal Plan Amendment - 77 Golden Grove Road On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Common Clerk advising that as it has been determined that the required advertising, pursuant to section 25 of the Municipalities Act, had not been carried out for a proposed Municipal Plan amendment regarding property at 77 Golden Grove Road, for which the public presentation was held at Council's July 31, 2000 meeting, the required Public Notice is being advertised for a public presentation at the Council meeting scheduled for August 28, 2000, and no further action is required by Council at this time, be received and filed. Question being taken, the motion was carried. 18. Planning Advisory Committee Subdivision - 21 EQbert Street On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to one or more subdivision plans, as illustrated on the submitted plan of 21 Egbert Street, with respect to the vesting of any required municipal services easements and public utility easements. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 88-128 COMMON COUNCIL AUGUST 14,2000 19. Planning Advisory Committee Subdivision - 2850 Loch Lomond Road (Councillor Desmond withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative 1.E. Desmond Estate Subdivision at 2850 Loch Lomond Road, and to any necessary municipal services or public utility easements; and (2) not assent to the proposed land for public purposes dedication but instead accept a cash-in-lieu dedication for the 1.E. Desmond Estate Subdivision. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. (Councillor Desmond re-entered the meeting.) 20. Planning Advisory Committee Subdivision - 190 French VillaQe Road On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to one or more subdivision plans, as illustrated on the submitted plan of 190 French Village Road, with respect to the vesting of any required municipal services easements and public utility easements. Question being taken, the motion was carried. 21. Planning Advisory Committee Subdivision - 1125 Kennebecasis Drive Consideration was given to a report from the Planning Advisory Committee recommending that Common Council (1) assent to one or more subdivision plans, in one or more phases, as illustrated on the photo-reduced copy of the Percy Wilbur Subdivision at 1125 Kennebecasis Drive, with respect to: (a) the vesting of Brigadoon Terrace as a public street; (b) the vesting of a land for public purposes dedication consisting of a 6-metre (20-foot) wide portion of the remnant parcel to provide pedestrian access from Brigadoon Terrace to the adjacent property identified as NBGIC Number 49460; and (c) the vesting of any required municipal services easements and public utility easements; (2) accept a payment of money-in-lieu of land for public purposes with respect to the remainder of the land for public purposes requirement for the proposed subdivision; (3) authorize the preparation and execution of one or more City/developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and (4) take the necessary steps required to address the water problems presently being experienced by residents of Westmount Drive. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above matter be referred to the City Manager and the City Solicitor for a report to Council. Mr. Nugent noted that, although the above report indicates that the Committee was able to recommend the development on the basis that each home must have an individual well to provide for its own water, there is no mention of wells in the Committee's recommendation; and advised that the above motion was consistent with what he would recommend to Council in light of the comment contained in the above correspondence from Municipal Operations with respect to the municipal water supply in that Council should first receive confirmation that the municipal water supply as it exists is able to adequately service the development that would occur should Council assent to 88-129 COMMON COUNCIL AUGUST 14,2000 the proposed subdivision. Mr. Nugent clarified that, from his perspective, the consequence of assenting to a subdivision plan under the current circumstances in light of the water issue should be examined and Council should be receiving advice in that regard before proceeding in that, while it may well be, for example, that wells are an appropriate alternative that Council wishes to pursue, if that were the case then that raises questions as to how the City is able to enforce the use of wells as opposed to the municipal water service and what appropriate notice to give to prospective purchasers of those lots in the event that the City wishes to impose the requirement that they can only develop with on-site wells as their source of water. During discussion, Councillor Trites, on a point of order, noted that comments were to be limited to the question of referral; and Mr. Totten apprised Council of staff's view of what should be done in terms of the municipal water supply in the area in finishing the loop in view of development in the area and the effect on water pressure at the University campus, with the question of funding an issue of consideration, and advised that he had some reluctance, in this particular development, about the proposal that wells be allowed because that would also affect the existing one across the street, as well as staff's opposition to wells in a proposed development at the top of Kennebecasis Drive because of the experience off the Ragged Point Road in terms of the type of geology and rock. Question being taken, the referral motion was carried. 22. Planning Advisory Committee Subdivision - 345-355 Rothesav Avenue On motion of Councillor Vincent 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 345-355 Rothesay Avenue, and to any necessary municipal services or public utility easements. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 23. Peter G. Gaulton - Completion Of Term On Saint John Transit Commission On motion of Councillor Titus Seconded by Councillor Vincent RESOLVED that the letter from Peter G. Gaulton commenting on his membership on the Saint John Transit Commission as his term ends; suggesting background types for future commissioners; and expressing concern regarding the age of the Commission's bus fleet, be received and filed with appreciation. Question being taken, the motion was carried. 24. Multicultural Association Of Saint John, Inc. Appointment Of Liaison Council Member On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letter from Multicultural Association of Saint John, Inc., advising of its intent to sponsor a 400th Anniversary Observance Committee to plan for the June 24, 2004 400th Anniversary of the arrival of Pierre du Gua, more publicly known as Sieur de Monts, at the Saint John River; and asking Council to nominate a member of Council to serve on or act as a liaison to the Committee, be referred to the Nominating Committee. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried with Councillor Desmond voting "nay". 88-130 COMMON COUNCIL AUGUST 14,2000 25. Greater Vancouver Regional District (a) Funding For Sustainable Urban Transportation; (b) Resolution For FCM Re New Port Authorities ReQulations 25{a) On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from the Board of Directors of the Greater Vancouver Regional District submitting a Discussion Paper prepared by the District and the Federation of Canadian Municipalities on Federal funding for sustainable urban transportation outlining the case for this funding role for the Federal Government; and requesting Council's support by endorsing the proposal, seeking the endorsement of other interested groups in the region, and informing the local Members of Parliament of its support for the proposal, be received and filed and Council endorse the proposal as requested. In response to Councillor Titus' question as to whether or not the Saint John Transit Commission's position should be obtained, Councillor Trites, a member of the FCM Board, advised that he would be pleased to take any response from the Transit Commission to the Chairman of the Transportation Committee and table it at the forthcoming Board meeting. Question being taken, the motion was carried. 25{b) On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Board of Directors of the Greater Vancouver Regional District setting out a resolution approved for submission to the Federation of Canadian Municipalities proposing an amendment to the new Port Authorities Operations Regulations, be received and filed and Council support the resolution, and the matter be referred to the City Manager and the Saint John Port Authority for input. The mover and seconder of the initial motion to approve the submitted resolution for submission to FCM was changed to that above with the consent of the mover and seconder at Councillor Titus' suggestion of referral to the Port Authority and the City Manager's request for referral to him. Question being taken, the motion was carried. 26. Arthur E. Chesley - Traffic Flow, Street CleaninQ, ParkinQ In South End Of City On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from Arthur E. Chesley making suggestions on traffic flow, parking and cleaning of streets in the South End of the City, be referred to the City Manager and the Saint John Parking Commission for consideration in the South End parking study. Question being taken, the motion was carried. 27. Lorneville Community & Recreation Association Inc. - Access To Area On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Lorneville Community & Recreation Association Inc. advising of an incident last month in the 88-131 COMMON COUNCIL AUGUST 14,2000 Spruce Lake Industrial Park which, although it did not completely close the road through the Park to traffic, highlighted a very serious public safety issue for the Lorneville community as the road through the Industrial Park is the only link from the Lorneville community to the outside world and future chemical spills, leaks, fires or traffic accidents could prevent emergency services from entering the community; submitting a map to provide details of the problem and a potential solution; and requesting that Council make a commitment that a new access road be incorporated into plans for any major new development on the Lorneville peninsula and that this matter be given a high priority as it is not known when a crisis might occur, be referred to the City Manager. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 28. Susan Peters - Lakewood Avenue Extension - Street Name ChanQe The Mayor noted that Bing Avenue was named for the original person living on that street. (Deputy Mayor Chase re-entered the meeting.) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Susan Peters referring to the street name change of Lakewood Avenue Extension to Bing Avenue; and explaining the reason for her request to Council to approve a street name change to Wakefield Drive, be received and filed and Ms. Peters be advised that following Council's decision of the street name change to Bing Avenue, Council was advised that there was not support from a majority of residents to further change the street name. Question being taken, the motion was carried. Adiournment On motion of Councillor Trites Seconded by Councillor Court RESOLVED that this meeting be adjourned and a Committee of the Whole meeting be held. Question being taken, the motion was carried. Common Clerk