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2000-09-11_Minutes 88-150 COMMON COUNCIL SEPTEMBER 11, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of September, AD., 2000, 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; W. Butler, Commissioner of Community Services; 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. LeBlanc, Real Estate and Facility Management; C. Cogswell, Chief of Police; and Mrs. M. Munford, Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and Rev. Gordon O'Coin of Calvary Temple offered the opening prayer. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on Tuesday, September 5, 2000, be approved. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add to the agenda of this meeting a recommendation of the City Manager regarding the proposed Visit Canada Visitez trail project in Rockwood Park, which was considered in Committee of the Whole earlier this date. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that a recommendation of the City Manager regarding the Visit Canada Visitez project in Rockwood Park, be added to the agenda of this meeting for consideration as item 6A Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Re-ZoninQ Of 450-500 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the September 28, 1998 re-zoning of the property situated at 450-500 Westmorland Road (NBGIC Number 55146336), to permit a revised proposal to amend or remove the requirement that limits the size of the development to a maximum of 230,000 square feet prior to one of the following occurring: the proposed connection street from the extension of Mark Drive (now known as Consumers Drive) to McAllister Drive is completed in a manner acceptable to the Chief City Engineer and the Exhibition Association, other driveway connection between the First Westmorland development and McAllister Drive is completed in a manner acceptable to the Chief City Engineer, or a traffic analysis is submitted by the applicant indicating that any development over 230,000 square feet can 88-151 COMMON COUNCIL SEPTEMBER 11, 2000 be accommodated on the existing street network in a manner satisfactory to the Chief City Engineer, as requested by First Westmorland Shopping Centres Limited, 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 considered at the Committee's September 6, 2000 meeting at which the applicant was represented by Philip Wong, who spoke in favour of the application and indicated agreement with the recommendation which would have the City financially compensated for the traffic improvements made in the area, and Jim Watt of the Northrup Group also spoke in favour of the proposal, and Stephen Cronk spoke in opposition to the proposal; and recommending that the Section 39 conditions imposed on the September 28, 1998 re-zoning of the property situated at 450-500 Westmorland Road (NBGIC Number 55146336), and incorporated into an agreement dated April 22, 1999, be amended to permit the completion of the proposed 21,000 square foot building (resulting in a total developed building area of approximately 261,000 square feet) on condition that: (a) the total cost of the traffic signals at the Westmorland Road and Consumers Drive (formerly Mark Drive) intersection is the responsibility of the applicant; and (b) the total cost of the improvements to the Westmorland Road and McAllister Drive intersection to permit the double left-hand turn is the responsibility of the applicant. Douglas Brooks of 177 Mark Drive appeared in opposition to the proposed amendment, noting that he suggested at the time of the 1998 application that Mark Drive, between Westmorland Road and the second entrance to McAllister Place, should be made into three lanes, however, nothing has been done to date, and referenced traffic congestion due to the single traffic lane from Mark Drive (now Consumers Drive) to Westmorland Road. Stephen Cronk of 199 Mark Drive, appearing in opposition to the proposed amendment, suggested that the real issue is building construction beginning without a building permit, and referenced the initial traffic study and sequence of events of this development, as well as present traffic problems in the area. Jean Urquhart of Golden Grove Road, appearing in opposition, spoke against construction having begun without a building permit; stated that this development is taking place in the flood plain, without the work having been done in Glen Falls this year to fix the existing flooding problem, although she understands that tenders having been called; and referenced traffic problems in the vicinity of the development. Philip Wong of First Westmorland Shopping Centres Limited spoke in support of the proposed amendment and offered an apology to Council for having proceeded with building construction without the necessary permits; cited the co- operation he has received from the City for his development; and stated that perhaps in their impatience to serve the business community in Saint John they made the mistake of proceeding with construction. Regarding the concern with the traffic lanes on Westmorland Road, he stated there are technical solutions to this problem, and noted that a letter of credit in the amount of $475,000 has been provided to guarantee the future construction of the portion of the connection street from Consumers Drive to Major's Brook, but unfortunately, due to another developer negotiating with the Exhibition Association, owner of a portion of land required for this future street, his company does not have control over the timing of construction of this street. In looking at the other alternatives to permit the increased development, and in particular the provision of a traffic analysis indicating that any development over 230,000 square feet can be accommodated on the existing street network, Mr. Wong advised that FGA Consultants did additional traffic counts which showed that the numbers were as forecast in terms of peak hour trips in and out of the parking area, and that the consultants believe that with the double left turn that is already instituted at Westmorland/McAllister and the proposed additional development, that the traffic in target year 2003 can be acceptable from a level of service standpoint, and read from the traffic report summary, which he indicated he received this date, stating that the additional traffic that would be generated by Kent Building Supplies, the mini mall and the Shoppers Drug Mart/Pete's Frootique developments, will not have any substantial impact on either the Westmorland Road/Consumers Drive or the Westmorland Road/Parkway Mall signalized intersections in design year 2003; at the McAllister Drive/Westmorland Road intersection the additional traffic would not reduce existing level of service to a lower category, however, 88-152 COMMON COUNCIL SEPTEMBER 11, 2000 the additional traffic will result in an increase in delay at the McAllister Drive/Westmorland Road intersection although level of service "D" would still be experienced in the evening hours, however, if the McAllister Drive/Westmorland Road intersection were to be upgraded to function as a fully actuated signalized intersection, the level of service in design year 2003 evening peak hour with development can be improved to level of service "C", which he believes is the level of service that the City has targeted, and with average vehicle delays of 35 seconds, this would be an improvement over existing conditions; full actuation would enable better utilization of the double left-turn lane on Westmorland Road as well as improving the eastbound, through and right-turn movements; and it is recommended that vehicle detection loops be placed in the approach lanes to this intersection to enable better flexibility with respect to signal phasing and timing. Mr. Wong stated that with the addition of the 21,000 square foot development which is the subject of this application, and the improvement being recommended by the traffic consultants, there will be a short-term solution to the current situation, and hopefully within the next year his company, the Exhibition Association and all involved parties will discuss the long term solution as he believes the new road to McAllister Drive is very important to the City. Mr. Wong responded to questions related to the proposed amendment. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the as recommended by the Planning Advisory Committee, the Section 39 conditions imposed on the September 28, 1998 re-zoning of the property situated at 450-500 Westmorland Road (NBGIC Number 55146336), and incorporated into an agreement dated April 22, 1999, be amended to permit the completion of the proposed 21,000 square foot building (resulting in a total developed building area of approximately 261,000 square feet) on condition that: (a) the total cost of the traffic signals at the Westmorland Road and Consumers Drive (formerly Mark Drive) intersection is the responsibility of the applicant; and (b) the total cost of the improvements to the Westmorland Road and McAllister Drive intersection to permit the double left-hand turn is the responsibility of the applicant: AND FURTHER that the above costs be paid to the City by October 31, 2000, and that the Mayor and Common Clerk be authorized to execute the amending agreement in this regard. Mr. Nugent had suggested that a deadline for payment of the costs to be assumed by the applicant should be established by Council, and that authority for execution of the required amending agreement should also be given, which was added to the proposed motion. During ensuing discussion, Mr. Baird advised that there is an overall plan, not only for the Mark Drive area but for the connection from Consumers Drive to McAllister Drive, which plan was incorporated into the traffic strategy which was recently completed and presented to Council; that the property owners in the area have been very supportive of the plan as they see the value of having these types of road connections, not only to adjacent owners and the City as a whole for traffic circulation purposes, but they see the value in these road connections with respect to their particular development, and it is now at the stage where negotiations are taking place to put the business deals and developments proposals together which would see the funding coming forward to undertake those plans; regarding traffic problems in the area, advised that the original traffic studies for the development indicated that in some areas traffic increases to a level above the standard normally acceptable to the City; that the recent traffic study undertaken by the developer confirms the areas where the traffic will increase to what is referred to in the traffic analysis industry as level of service "D", where delays can be expected and do occur; that there are further enhancements which can be done to fix some of those problems, including traffic light actuation, as referenced by Mr. Wong, however, there will still be congestion and traffic delays in the area. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the City Manager be requested to facilitate a meeting of property owners involved in the proposed connector street from the extension of Consumers Drive (formerly Mark Drive) to McAllister Drive. 88-153 COMMON COUNCIL SEPTEMBER 11, 2000 Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 4. Saint John Art Advisory Board deep sea Visual Arts Festival Consideration was given to a letter from William R. Fitzpatrick, Chair of the Saint John Art Advisory Board, submitting information with regard to his presentation at this meeting, the purpose of which is to outline the second proposed visual arts festival for June 2001 and to seek Council's approval for the Art Advisory Board to proceed with the festival as a Board project. Mr. Fitzpatrick, was present at the meeting accompanied by several committee chairs, regarding the Board's proposal for a second visual arts festival for June 1 to 9, 2001, as outlined in the previously-submitted information brochure, and advised that with the success of the 1998 festival, as evidenced by attendance, the community's response and the media's response, they are now working to bring the second "deep see" festival to Saint John in June of 2001; advised that the festival will again strive to connect the community with the visual arts, and the visual arts with the community; that the event is a non-profit self-funded festival driven by an enthusiastic committee of volunteers, and will provide a wide-range of activities to engage and involve the community-at-Iarge in the visual arts, with over 140 visual artists from all regions of the Province being involved. Mr. Fitzpatrick asked for Council's approval for the Saint John Art Advisory Board to proceed with the project as a Board project. On behalf of Council, Mayor McAlary commended the Art Advisory Board and wished them success with the second visual arts festival. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that Common Council grant approval to the Saint John Art Advisory Board to proceed with the proposed 2001 Visual Arts Festival. Question being taken, the motion was carried. 5. Calvin Scott - Sewage Disposal Acamac Beach Road Area Read a letter from Calvin Scott requesting the opportunity to appear before Common Council to present a petition from residents of the Acamac Beach Road area regarding sewerage disposal problems in this area, and advising that prompt attention to this health risk would be greatly appreciated. Messrs. Calvin Scott and Roy Hobson addressed Council regarding sewage disposal problems in the Acamac Beach Road area, and reading from a prepared brief, copies of which were distributed to the Council members, outlined the history of development of this residential area, pointing out that most residents do not have adequate land area to permit septic waste treatment plus wells under Provincial standards adopted in the mid-1970's and some do not have the geological features to permit septic treatment even if large areas were available, and that there are at least three different locations where open sewage is observed in a 100-metre section of Acamac Beach Road; advised that representatives of the N.B. Department of Health have indicated that the residents and the City will not be permitted to wait for the City's long-term Water and Sewerage Plan to be implemented, which Plan places Acamac Beach Road and neighbouring communities at the back end of a $223 million program, with the most extremely optimistic expectation having City sewerage collection reach their community in about fifteen years, but realistically some years later than that; advising that the Provincial Environment Department has identified practical low-cost small-community treatment systems which can be installed and operating in a very short 88-154 COMMON COUNCIL SEPTEMBER 11, 2000 time frame and that if the technology is a pilot project for New Brunswick, special funding may be available. Mr. Hobson noted that as the system technology and engineering plan must be approved by both the Provincial departments and the City, they are requesting that Council assign an engineer representing the Water and Sewerage Department to immediately undertake meetings and planning sessions, to work with the Provincial Departments of Health and Environment to determine the most feasible solution to the health hazard of untreated sewage in unserviced sections of the City, and as soon as a system technology is selected, prepare a plan of action that would enable the City, the Province and the residents to quickly undertake the installation and operation of the system. Mr. Hobson elaborated on the treatment systems identified by the Provincial Environment Department and responded to questions regarding the sewage disposal problems in the area and discussions with the Province regarding possible low-cost small-community treatment systems. Mr. Hobson presented a petition from area residents requesting the immediate assignment of a City engineer to investigate practical solutions to the problem of septic sewage systems on undersized lots and on geological formations that prevent effective functioning of septic systems, and requesting that the engineer work with the Provincial departments of Environment and Health to reach agreement on a system technology, and to investigate potential sources of funding to provide for or assist the residents in developing and installing a sewerage collection and treatment system in the Acamac Beach Road community. Councillor Chase, a member of the Fundy Region Solid Waste Commission, suggested that the residents submit an application for funding to the Fundy Futures Benefits Council. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the presentation regarding sewage problems in the Acamac Beach Road area be referred to the City Manager. Councillor Court asked that a copy of the above presentation be forwarded to the City's Environment Committee. Question being taken, the motion was carried. 6. Mavor's Remarks Mayor McAlary advised that Shaw CableSystems - TVN B has advised by letter dated September 7, 2000 (copies of which had been distributed to the Council members) that as of this date, televised broadcast of Council proceedings will be moving to Monday nights at 9:00 p.m. and will replay on Tuesday mornings at 9:00 a.m., and that, if due to holidays or other factors Council should be scheduled on Tuesday, playback will be at 10:00 p.m. on Tuesday night and will replay Wednesday morning at 9:00 a.m. Mayor McAlary proclaimed September 14, 2000 as the official kick-off to the 2000 United Way Campaign, September 11-17,2000 as Terry Fox Week and also Airforce Week, in the City of Saint John. Councillor Titus, Chairman of the 2000 United Way Campaign, addressed Council on the 2000 Campaign for which the official kick-off luncheon will be held on Thursday, September 14, and expressed appreciation to the City employees for their generous support of the United Way Campaign. *6A. Visit Canada Visitez Rockwood Park Trail Project On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council approve that Visit Canada Visitez may commence construction of work on the trail project in Rockwood Park with the following conditions: (1) Visit Canada Visitez must comply with the following terms: (a) stipulation of the area of the Park affected; (b) stipulation of the dates for starting and completing the proposed 88-155 COMMON COUNCIL SEPTEMBER 11, 2000 work; (c) provision of a clear description of the work being undertaken; and (d) provision of General Liability Coverage in the amount of $2 million, naming the City as insured and containing a cross liability clause; (2) Phase One construction may begin subject to (a) the City approving the schedule in conjunction with the project manager; and (b) the monies for any work components or sub-components of Phase One must be under the control of the City in a manner satisfactory to the Commissioner of Finance before on- site work takes place and before commitments to contractors, sub-contractors are permitted on site; (3) Phase Two may begin only after the City Manager is satisfied that sufficient funds are in place or committed to complete the entire project; and (4) the memorandum of understanding titled "Visit Canada Visitez Trail Development Project, Roles and Responsibilities, Construction Phase", dated March 16,2000 shall be used to determine the roles and responsibilities of Visit Canada Visitez and the City of Saint John relative to the project construction; AND FURTHER that a license be authorized in favour of Visit Canada Visitez on the terms stipulated, and the Mayor and Common Clerk be authorized to execute the license. Mayor McAlary advised that the Rockwood Park Advisory Board, which is comprised of five members appointed by the City and five members appointed by the Horticultural Association, has met with Visit Canada Visitez, and at the last Board meeting the project was endorsed, the original Board endorsement having been given in 1993, and the Board has asked the Visit Canada Visitez trail development project committee to meet with the Board on a regular basis regarding progress of the project. Question being taken, the motion was carried. 7. News Media Reports On BudQet Items Read a letter from Councillor Fitzpatrick, which was tabled at the last meeting, advising that he would like the opportunity to discuss recent articles in the paper and news media on issues such as privatization/contracting out of arenas, ball fields, etc., as well as issues such as cutting of grants to agencies and any other budget item discussed in the press by an individual; and explaining that he would like this discussion to clarify that, when individuals from Common Council speak out, it is from their point of view only unless otherwise directed. Councillor Fitzpatrick stated he wished to advise the citizens that there has been no decision by Council on privatization of arenas, ball fields, etc. or cutting of grants to agencies, and that the issues raised in recent media articles, as referenced in his letter, are from individual Council members. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. 8. Newspaper Articles On Tax Breaks To Gas Companies Consideration was given to a letter from Councillor Fitzpatrick, which was tabled at the last meeting, advising that he would like the opportunity to discuss recent articles in the paper concerning the possibility of the Provincial Government giving tax breaks to gas companies. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the above letter be received and filed. Councillor Fitzpatrick noted that since the date of his letter there has been a meeting with the Provincial Minister of Finance, however, he wished to express the need for continued discussion with the Province on the impact to the municipality of the reduction in the unconditional grant funding. Question being taken, the motion was carried. 88-156 COMMON COUNCIL SEPTEMBER 11, 2000 9. Tender For Contract 2000-13 On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Contract 2000-13, Pipeline Road East water transmission main from Phinney Hill to Wigmore's Chamber, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $2,056,773.80, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 10. Tender For Contract 2000-20 On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 2000-20, Meadowland Subdivision - Manawagonish Creek storm sewer, be awarded to the low tenderer, L. Halpin Excavating Ltd., at the tendered price of $207,690, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 11. Meadowland Subdivision - ManawaQonish Creek Storm Sewer On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the report from the City Manager in response to a request at the September 5, 2000 Council meeting for background on the flooding issue in the Meadowland Subdivision; and providing background information, a review of past work and an outline of the work proposed in this regard; referring to the City Manager's report on the agenda of this meeting recommending the award of Contract 2000-20, Manawagonish Creek storm sewer - Meadowland Subdivision, to carry out work identified for the fall of this year; advising that, with these actions, it is not expected that further problems will be experienced by residents previously affected and future development will be monitored to ensure that overall storm flows in this area will not be allowed to increase to an extent that the flow capacity of the existing and new line will be threatened, and concluding that it is anticipated that the completion of this work will virtually eliminate the potential for flooding and future expansion can take place, with any new development to be carefully monitored so as to ensure flow capacity is not exceeded and basement elevations are kept sufficiently high, be received and filed. Noting the statement in the above report that since completion of the work undertaken by the City in 1999 Engineering is unaware of any further flooding, the Mayor stated she has been advised that two residents experienced flooding in February of this year. Question being taken, the motion was carried. 12. Traffic By-law Amendment Re LoadinQ Zone, 333 Main Street On motion of Councillor Titus Seconded by Councillor White RESOLVED that the report from the City Manager advising that, further to the request to Council on August 28, 2000 for a loading zone to be designated in front of D&N Used Goods and Furniture at 333 Main Street, staff has reviewed the request and believes that it would be appropriate to designate a loading zone there; and recommending that the proposed Traffic By-law amendment be given first and second readings and referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: 88-157 COMMON COUNCIL SEPTEMBER 11, 2000 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 a loading zone at 333 Main Street, be read a first time. Councillor Desmond suggested that no action should be taken in the above regard pending a report from the Parking Commission. Question being taken, the motion was carried with Councillor Desmond voting "nay". 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 a loading zone at 333 Main Street, be read a second time. Question being taken, the motion was carried with Councillor Desmond voting "nay". 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". 13. Vehicle Insurance CoveraQe On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the report from the City Manager responding to questions raised at the August 28, 2000 Council meeting regarding the City's insurance coverage for its fleet of vehicles, be received and filed. Question being taken, the motion was carried. 14. Assent To Subdivision Plan And Municipal & Public Utilitv Easements, 20 Marsh Street On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan and to any required municipal services or public utility easements with regard to the Canadian National Railway Company Subdivision at 20 Marsh Street. Question being taken, the motion was carried. 15. October 10, 2000 Public HearinQs On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, at the present time, six separate public hearings are scheduled for Tuesday, October 10, 2000 and, as it is expected that the hearing concerning pits and quarries will generate significant interest and take a significant portion of the meeting and in order for the Section 71 resolution to remain effective in prohibiting developments contrary to the proposed By-law, the public hearing must proceed on October 10, as scheduled; and recommending that, as some of the other items scheduled for October 10 also have the potential of creating significant public interest, the other public hearings be cancelled and scheduled for Monday, October 16, 88-158 COMMON COUNCIL SEPTEMBER 11, 2000 2000, with the public notices in the newspaper to be modified to reflect this change as follows: (a) Galbraith Construction Ltd. - former New Albert School site on Duke Street West, Watson Street and Guilford Street; (b) Ellerdale Investments Ltd. - 985-1001 Millidge Avenue; (c) Peter Pappas - 477 Millidge Avenue; (d) Ian Wilson - 553 Earle Avenue; and (e) Thomas Developments Ltd. - 1384 Old Black River Road, be received and filed and the recommendation adopted, and the necessary advertising be authorized in this regard, with the public hearings to be held on Monday, October 16, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Deputy Mayor Chase and Councillors Ball and Fitzpatrick withdrew from the meeting as they were not present at the September 5, 2000 public hearing for the proposed re-zoning of property located at 906 Grandview Avenue.) 16. Zoning By-law Amendment And Imposing Section 39 Conditions, 906 Grandview Avenue On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "C.P. 1 00-540 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 1 acre, located at 906 Grandview Avenue (NBGIC Number 336495), from "RS-2" One and Two Family Suburban 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 the following conditions: (1) the development of the site must be in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating building locations, parking, vehicular and pedestrian circulation areas, exterior lighting and landscaping; (2) the approved plans mentioned in (1) must be attached to the application for a building permit for the development; (3) all driveways and parking areas must be paved with asphalt and proper drainage systems be provided and connected to the City storm sewer system; and (4) all work shown on the approved site plan and building elevation plans must be completed no later than one year after approval of the building permit for development. The by-law entitled, "C.P. 100-540 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. (Deputy Mayor Chase and Councillors Ball and Fitzpatrick re-entered the meeting.) 17. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, September 5, 2000, when there were present Mayor McAlary and Councillors Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close a 2,300 :t m2 portion of Wellington Street (public street) as generally shown on the submitted plan; and, in the event the subject portion of Wellington Street is stopped up and closed, the City of Saint John sell, subject to any easements required for 88-159 COMMON COUNCIL SEPTEMBER 11, 2000 municipal services, the 2300 :t m2 of closed street, as generally shown on the submitted plan, to Haldor (1972) Ltd., for the purchase price of $9,400 plus the cost of street closing (and HST, if applicable), and the Mayor and Common Clerk be authorized to execute the deed. September 11,2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Street Closing By-law Amendment & Subsequent Sale, WellinQton Street On motion of Councillor White Seconded by Councillor Court RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 18. Planning Advisory Committee - Percy Wilbur Subdivision, 1125 Kennebecasis Drive Consideration was given to a report from the Planning Advisory Committee submitting a Planning staff report considered at the Committee's September 6, 2000 meeting at which Percy Wilbur was in attendance and in agreement with the recommendation; advising of the Committee's adoption of the recommendation requiring a Section 101 agreement to be executed and a note to be placed on the subdivision plan concerning the method of water service to be provided for the proposed development at 1125 Kennebecasis Drive and, while the imposition of the additional condition requiring the Section 101 agreement is within the jurisdiction of the Committee, Council is requested to authorize the preparation and execution of the agreement; expressing the understanding that it would now be in order for the Committee's earlier recommendation on the subdivision approval to be considered by Council; and recommending that Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act with regard to the Percy Wilbur Subdivision at 1125 Kennebecasis Drive, in accordance with the conditions imposed by the Planning Advisory Committee regarding the provision of water to the subdivision. Mr. Nugent expressed the opinion that adoption of the Planning Advisory Committee's recommendation will protect the City from an owner of the proposed lots taking legal action against the City in the future as a result of their having to service their lot with on-site water. Question being taken, the motion was carried. 19. Percy Wilbur Subdivision 1125 Kennebecasis Drive Consideration was given to the previously-submitted report from the Planning Advisory Committee with regard to the Percy Wilbur Subdivision at 1125 Kennebecasis Drive, which was referred by Council on August 14, 2000 to the City Manager and the City Solicitor for a report to Council. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, as illustrated on the photo-reduced copy of the 88-160 COMMON COUNCIL SEPTEMBER 11, 2000 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; and (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. Question being taken, the motion was carried. 20. Planning Advisory Committee - Subdivision, 206 Charles Street East On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative Huxtable Subdivision plan at 206 Charles Street East, and to any required municipal services or public utility easements; (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for approval of the Chief City Engineer; (3) authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 29 of the Subdivision By-law; (4) accept a cash-in-lieu of land for public purposes dedication for the proposed subdivision; and (5) authorize the preparation and execution of an agreement pursuant to Section 1 01 of the Community Planning Act in accordance with the conditions imposed by the Planning Advisory Committee regarding future street improvements when the subject property (proposed Lot 00-03) is further subdivided. Question being taken, the motion was carried. 21. Saint John Industrial Parks Ltd. Acquisition Of Land 68 Mclleen Drive On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that as recommended by Saint John Industrial Parks Ltd., the City of Saint John acquire a 685 :t m2 portion of 68 Mcilveen Drive (NBGIC Number 55146683), as generally shown on the submitted plan, from Barclay Enterprises Ltd., for the price of $20,000 (plus HST, if applicable), to facilitate a rail siding to the WIRSBO property in McAllister Industrial Park. Question being taken, the motion was carried. 22. Saint John Industrial Parks Ltd. Acquisition Of Municipal Services Easement, Lot 96-2, Mcilveen Drive On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by Saint John Industrial Parks Ltd., the City of Saint John acquire an easement for municipal services over a 1,100 m2 :t portion of Lot 96-2, Mcilveen Drive, from Blastcoat Holdings Ltd., for the purchase price of $3,500 + HST; and that the City of Saint John acquire the fee simple interest in NBGIC Number 55005110, Old Black River Road, from the Province of New Brunswick, for the purchase price of one dollar plus normal adjustments and HST, if applicable. Question being taken, the motion was carried. 88-161 COMMON COUNCIL SEPTEMBER 11, 2000 23. Director Of Design, Department Of Transportation ProQram For Provinciallv DesiQnated HiQhwavs On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from the Director of Design, Department of Transportation, to Mayor McAlary, advising that the Department is now preparing to compile the program for improvements to Provincially designated highways within municipalities for the 2001 construction season; and requesting the municipality to carefully review its requirements and submit an updated five-year program to be evaluated along with the needs of the other municipalities of the Province in the preparation of this program, be referred to the City Manager. Question being taken, the motion was carried. 24. Saint John Horticultural Association Response Re Matter Of CampQround Security On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Horticultural Association responding to Council's referral on July 31, 2000 of the issue of security at Rockwood Park; providing information on the matter of campground security; and advising of the successful season at the campground in spite of these difficulties, be received and filed. Question being taken, the motion was carried. 25. River Valley Ground Search & Rescue Team Inc. - Request For Contribution On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from River Valley Ground Search & Rescue Team Inc. requesting a financial contribution to its general fund, be referred to the budget process and to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 26. Terrence G. Boone - Barrier-Free Access & Transportation Issues On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the letter from Terrence (Terry) G. Boone commenting on his utilization of Handi-Bus and his concern about other handicapped citizens have difficulty with the service provided by specialty agents; advising that, as a new member unfortunately of the handicapped community of Saint John, he feels that, in all fairness, transportation is not the only issue to be addressed as parking, accessibility to a variety of City merchants, banking facilities, physician and dental offices, recreation and entertainment areas, and a host of other locations remains a very real concern as well; and requesting the establishment of a task force or committee with the appropriate governance to address these issues, be referred to the Ability Advisory Committee. Question being taken, the motion was carried. 88-162 COMMON COUNCIL SEPTEMBER 11, 2000 27. Horst Sauerteig - Community Environmental MonitorinQ AQreement, Crane Mountain Landfill On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the letter from Horst Sauerteig referring to his previous correspondence to Council on the matter of Community Environmental Monitoring Agreement between the Fundy Region Solid Waste Commission and the Fundy Future Environment and Benefits Council with regard to the Crane Mountain landfill; and bringing Council up to date on recent developments, be referred to the City Solicitor. Question being taken, the motion was carried. 28. Knights Of Columbus Saint John East Council 6595, Creche In KinQ's Square On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from the Knights of Columbus Saint John East Council 6595 seeking Council's permission to, once again, erect a creche in King's Square, for the month of December, depicting the birth of Jesus, be received and filed and the requested permission be granted. Question being taken, the motion was carried. 29. Fred Ganong - Zoning By-law Amendment Property At 378-380 Westmorland Road On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the application of Fred Ganong for a Zoning By-law amendment with regard to the property located at 378-380 Westmorland 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, October 23,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Common Council would be held on September 18,2000, at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk