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2000-11-06_Minutes 88-222 COMMON COUNCIL NOVEMBER 6, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of November, 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 and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; 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; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on October 30, 2000, be approved. Question being taken, the motion was carried. Mayor McAlary extended condolences to the family and friends of Omer Guimond, a Saint John Fire Fighter, who passed away on November 2, 2000. The Mayor recognized the presence at the meeting of Saint John MP Elsie Wayne. 3(a) Municipal Plan And (b) Zoning By-law Amendments - 77 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land use Plan, a parcel of land located at 77 Golden Grove Road (NBGIC Number 300111), having a frontage of approximately 96 metres (315 feet) on Golden Grove Road and an area of approximately 1.4 hectares (3.5 acres), from Low Density Residential to Service Corridor classification; and (b) a proposed Zoning By-law text amendment to add the following to the list of zones in Section 30(1): "special zones SZ#6"; and add the following as Section 740(6): "(6) Special Zone #6 (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); a self-storage warehouse facility; (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. 88-223 COMMON COUNCIL NOVEMBER 6, 2000 (b) Zone Standards Standards for development in Special Zone #6 shall be as set out in Section 620(3), and Section 810 to 910 where this zone shall be considered a "B-2" zone, a "B" zone, or a business zone, as the case may be." and (b) the proposed re-zoning of the same parcel of land located at 77 Golden Grove Road, from "RS-2 One and Two Family Suburban Residential to "SZ#6" Special Zone #6 classification, as requested by Norman Ganong, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a copy of a letter in opposition to the proposal, considered at the Committee's November 1, 2000 meeting at which the applicant, in support of his application, described the proposal and responded to concerns of neighbouring property owners regarding flooding, traffic, noise and property values, and pointed out that the development could be located on the adjacent property to the east without the need for re-zoning as that property is currently zoned "1- 1" Light Industrial and also that the special zone being proposed would limit the use of the property, and Laurie Cormier, Mr. and Mrs. Gerald Goguen, Avard MacKenzie, Dana and Sandra MacDougall and Edgar Malley addressed the Committee in opposition to the proposal; and recommending that the proposed amendments to the Municipal Plan and Zoning By-law be denied. Gerald Goguen of 69V2 Ashton Place spoke in opposition to the proposed amendment, having lived in the area for five years and having seen changes in the area during that time, his fear being more severe flooding in that Mr. Ganong has shown how to eliminate flooding on his property but nothing for other property and, as he has indicated it will take up to five years to complete the project, there will be ongoing construction for the next five years. Mr. Goguen addressed concerns about increased lighting, the appearance of the back side of the proposed building which is what residents of the area would see, the effect of the development on property sale and the affect on the environment and wildlife along Marsh Creek. Dana MacDougall of 65 Ashton Place advised that he was opposed to the re-zoning based on four main points: the flooding problem, increased traffic, inconvenience caused by people going in and out of the establishment all hours of the day and night, and the effect on the quality of life in this residential area; and circulated photographs depicting flooding in the area. Elsie Wayne of 25 Holland Street, appearing in opposition to the requested amendment, addressed the concern about flooding and additional development in the area; made reference to the City's past discussion about the purchase of the subject property so that there would be some protection for residents of the area, which she requested Council to research; and asked that Council deny the request. Sandra MacDougall of 65 Ashton Place addressed Council in opposition to the proposed amendment on the basis of her experience of having lived through flood after flood, and it would be terrible to have to face the subject site knowing that it would increase damage to her property; and advised that, as the above-mentioned photographs of her house were taken last September after the holding pond was built, it was obvious the area was not being helped by measures being taken. Ms. MacDougall, in describing the area as a quiet residential area where people spend a lot of money working in their yards improving the way they look, advised that she wanted to be able to raise her children safely in the area, and asked Council to not allow any more commercial construction there. Karen Cormier of 124 Todd Street spoke in opposition to the proposed amendment in that, living opposite the subject site, she would have to look at the building; and asked Council, if it wanted to increase the City's tax base, to do it somewhere else. 88-224 COMMON COUNCIL NOVEMBER 6, 2000 Avard MacKenzie of 67 Ashton Place advised that his objection to the proposed amendment was that, several years ago, somebody else wanted to build in that area, and the City stopped that person from doing so; thus, he could not understand why the applicant could build there now without objection from the City; and expressed the view that this should be stopped. Edgar Malley of 69 Ashton Place expressed his objection to the proposal, noting increased paving of property in the area with the expansion of two businesses there, meaning that water runoff would go into Marsh Creek and onto other land; and expressed concern that the residents would be the ones to suffer in that, if the property were re-zoned, the applicant could pave and build it up. Norman Ganong of 378 Westmorland Road, appearing in support of his application as the representative of the company which owns the land that is under proposal, acknowledged the fear of flooding in that he would have to meet the City's requirements in order to do excavation grading on the subject property and also in terms of the height of the property above the flood plain; and, with regard to the fear of increased traffic, advised that the storage part of the proposal, at full development, would be approximately 200 units, which would average about three visits per month or 20 visits a day and, with regard to lights, as there would be no lights inside the private units, people should not be there at night unless for an emergency need, so there would be minimal or very unnoticeable noise at night, and also that all the doorways would be facing in towards the complex and not outside. Mr. Ganong described the proposed business rental units at the front as residential-looking commercial units and advised that, although there would be some increased traffic in the area, it was hoped that customers would be drawn from existing people who already use Golden Grove Road to commute to and from work. Mr. Ganong also advised that he did not understand why the City Planning Department's only objection to the plan was timing and why it would recommend that the Exhibition Association property should be fully developed before the subject property is developed; noted that no other municipal department objected and that he was requesting no variances, and also noted that the storage buildings could be built on the next two adjacent properties by only purchasing a building permit. Mr. Ganong circulated drawings of the type of building proposed, and a map showing the height of the property and that most of the development would be on the higher piece of land. Mr. Ganong, in response to questions, advised that he was currently in negotiation with the owner of the adjacent property, on which the proposed development could be located, in an attempt to purchase it; and that he purchased the property in question about five or six months ago. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the application of Norman Ganong for amendments to the Municipal Plan and Zoning By-law with regard to property located at 77 Golden Grove Road be denied. Mr. Baird summarized the reasons why Planning staff did not recommend favourably on the proposal. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 88-225 COMMON COUNCIL NOVEMBER 6, 2000 4. Zoning By-law Text Amendment And Re-ZoninQ Of 33 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to add the following to the list of zones in Section 30(1): "special zone SZ#7", and add the following as Section 740(7): "(7) Special Zone #7 (SZ#7) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: a club or lounge; all other uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #7 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B-2" zone, a "B" zone, or a business zone, as the case may be."; and the proposed re-zoning of a parcel of land located at 33 Loch Lomond Road (NBGIC Numbers 315580, 55052864 and 55052872), having an area of approximately 709 square metres (7,600 square feet) , from "B-2" General Business to "SZ #7" Special Zone #7 classification, as requested by John Hosford, and no written objections were received in this regard. 4(b) Stephen J. Ritchie, Law Office Solicitor For John Hosford Consideration was given to a letter from Stephen Ritchie, solicitor for John Hosford, advising that, due to opposition of the general public respecting the property at 33 Loch Lomond Road, Mr. Hosford has decided to abandon his application for a Zoning By-law amendment and variance. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the application of John Hosford for a Zoning By-law amendment with regard to property located at 33 Loch Lomond Road be withdrawn. Councillor Desmond expressed the view that Council should go through with the public hearing so that, rather than the application being back before Council in a few months, the applicant could not reapply for a year thereby protecting residents of the area. Question being taken, the motion was carried with Councillor Desmond voting "nay". 5. Mayor's Remarks Mayor McAlary proclaimed November 5 to 11, 2000 as Remembrance Week, with November 11 being Remembrance Day, and November 1 to 7,2000 as Crime Prevention Week in the City of Saint John. 6. Request For Release Of Condition - Sewer Line ThrouQh Property 55-65 St. James Street Consideration was given to the City Manager's report previously submitted at Council's October 30, 2000 meeting at which time Council tabled the 88-226 COMMON COUNCIL NOVEMBER 6, 2000 recommendation for an amendment to the December 16, 1996 Council resolution, regarding a release of a condition with respect to property at 55-65 St. James Street, pending a report from the City Manager. Consideration was also given to a report from the City Manager in the above regard (copies of which were distributed to Council members on this date) providing background information on the sale of the subject property, a condition of sale being that an old, unused sewer would be sealed and abandoned; advising that the original purchaser subsequently sold the property to Stephane Eden, subject to the same terms and conditions, who in turn subdivided the property into four parcels as shown on the submitted plan which also shows the sewer to be sealed, and that the condition relating to the sealing off of the sewer continues to be attached to each of the four parcels; also advising that the owner has requested that Lot 99-1A be released from this condition to facilitate its sale and Municipal Operations staff feels it is appropriate to release this part (Lot 99-1A) from the sewer condition to facilitate the sale but would not, however, support releasing other parcels within the subdivision from this condition; and recommending that this report be received and filed. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its December 16, 1996 resolution, dealing with the property at 55-65 St. James Street, by releasing Lot Part 99-1A on the subdivision plan entitled "Subdivision Plan 500121 N.B. Ltd." dated November 5, 1999, certified correct by Hughes Surveys & Consultants Ltd. and filed in the Saint John County Registry Office as number 10635028 on November 15, 1999, from the terms and conditions contained in the January 30, 1997 deed from the City. Mr. Totten, in acknowledging that the condition relating to the sewer line should have been met although there was no time limit put on it, noted that the previous report to Council in this regard did not include the above-mentioned map; and expressed the view that staff could still follow up with the original purchaser and enforce the situation with respect to the other three lots but to hold this up would hurt an innocent third party who is buying the land, which is a quite a distance from the sewer line in question. The cost and time required to seal off the sewer line was questioned to which Mr. Groody advised that the cost would probably be less than $1,000 and the work would take about two days, and Councillor Fitzpatrick re-iterated his concern that the other lots could be sold and the sewer line abandoned without being sealed off and the City would be responsible. Councillor Desmond asked if any indication had been given as to when the work would be done and why the City would not require compliance with the condition, to which Mr. Totten, having indicated in the negative in the former regard, advised that it could be that, if Council did not relieve this condition, staff would have to so advise the parties accordingly and a solution would have to be found between Mr. Eden and Mr. Cavanagh. Councillor Titus suggested that Council should not feel any pressure to comply with the request, and should not do so; however, if Council did so, it may be possible to do so for a fee. Councillor Court questioned Council's involvement in this matter as it was not the City's problem but one for the property owner to solve. In response to Councillor Fitzpatrick's question about the City getting some form of security or guarantee that the work would be done within a certain period of time, Mr. Totten advised that, rather than get into such a situation, if that were the direction Council was inclined to take, he would suggest that Council defeat the motion which, in turn, would leave the owner and the potential purchaser to work it out. Councillor Trites asked if it would be appropriate for Council to approve the recommendation as of the date the sewer is sealed, to which Mr. Totten replied that if, in fact, the condition were met, the matter would not come back to Council. Question being taken, the motion was lost with all the Council members present voting "nay'. 88-227 COMMON COUNCIL NOVEMBER 6, 2000 7. Provincially DesiQnated HiQhways Read a report from the City Manager further to the Provincial Department of Transportation's request to Council on September 11, 2000 for the City to submit its request for a five-year capital improvement program for Provincially designated highways. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the submitted Provincially Designated Highways 5-Year Capital Improvement Program for the Years 2000 - 2005 be adopted by Council and submitted to the Minister of Transportation. Councillor Desmond advised that he would not support the Loch Lomond Road projects for the Years 2002 and 2003 because, although concrete curbs and sidewalks were being proposed, both streets already have asphalt sidewalks and curbs while a good part of Loch Lomond Road has no sidewalks and curbs. Question being taken, the motion was carried with Councillor Desmond voting "nay". 8. Tender For Contract 2000-17 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2000-17, Long Wharf - Waterloo Street sewer pipe lining, be awarded to the low tenderer, Insituform Technologies Limited, at the tendered price of $977,550, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 9. HIP Applications #112 and #106 Consideration was given to a report from the City Manager advising that Ellerdale Investments Ltd. has the first Housing Incentive Program application on the waiting list for its 7-unit development on Millidge Avenue representing a potential grant of $70,000 if all units are completed, and has requested that, as it already has funding approval (HIP #106) for 15 units in the Fountains of Westgate Subdivision which has seen only limited development, HIP #106 be revised to reduce that approval to 5 units and an estimated grant of $32,000 making $70,000 available for its Millidgeville development; and also advising that, as no additional expenditure is required, approval is recommended. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the following with regard to Ellerdale Investments Ltd.'s applications for Housing Incentive Program grants: (a) a revised HIP #106 for 5 units and an estimated grant reduced to $32,000; and (b) HIP #112 for 7 units and an estimated grant of $70,000, with regard to developments in the Fountains of Westgate Subdivision and on Millidge Avenue, respectively. Councillor Fitzpatrick advised his concern about setting a precedent whereby developers would apply for a HIP grant for a number of units thereby tying up grant money while other applications are on a waiting list, and subsequently not using them and requesting that the funds be transferred to another project. Mr. Baird made the observation that this concern was addressed when Council revised the HIP policy 88-228 COMMON COUNCIL NOVEMBER 6, 2000 earlier this year by limiting the amount of expenditure to be committed in anyone year which resulted in the current waiting list situation, and also by limiting the size of project for which anyone applicant could apply at a time. Councillor Court, in concurring with the concern about tying up grant money, expressed the view that the developer should have finished his project on the West Side before moving to another one thereby giving somebody else a chance to get some of the funding. Question being taken, the motion was carried with Councillors Court and Fitzpatrick voting "nay". 10. Assent To Easement 1450 Sandy Point Road Read a report from the City Manager advising of the Planning Advisory Committee's favourable consideration of the submitted tentative subdivision plan of 1450 Sandy Point Road which would create an independent lot (Lot 00-01A) for a new dwelling unit presently under construction, the Committee's approval being specifically for the proposed right-of-way as an acceptable means of access for this lot, providing that the owner be entirely responsible for its maintenance and that no additional lots be proposed until the access is fully developed as a public street; also advising that Saint John Energy has indicated that a public utility easement will be required in order to protect the necessary utility line extension over the subject area for the new dwelling; however, due to the lateness of these comments, the recommendation to the Planning Advisory Committee did not include the necessary assent for this easement; and advising that, as the Community Planning Act does not specifically require a recommendation from the Committee in the assent of public easements, Committee involvement was not considered necessary given the nature of this matter. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan of 1450 Sandy Point Road and to any required public utility easements. Question being taken, the motion was carried. 11. Response To Issues Re "PQ" Pits And Quarries Zone On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager addressing, in point form, issues raised at the October 1 0, 2000 public hearing for proposed Municipal Plan and Zoning By-law amendments with respect to pits and quarries, and identifying any recommendations for change in the proposed amendments, Council on October 16, 2000 having accepted a schedule for consideration of the proposed amendments and on October 23, 2000 having been advised by the City Solicitor that, prior to finalizing the Zoning By-law amendment, at least some of the existing properties with pit or quarry operations should be re-zoned to the "PQ" Pits and Quarries zone which would be enacted at the same meeting as the Zoning By-law amendment; listing existing pits and quarries in phases one, two, three and future categories, based on factors of geography, pits located next to each other, and complexity of the issues for that operation, with phase one pits and quarries likely to be less complicated than others; and recommending that Common Council (1) initiate the re-zoning of the following sites: (a) 395 Manchester Avenue - Galbraith Equipment, (b) 1657 Sand Cove Road - Gulf Operators, (c) 1523 Sand Cove Road - Gulf Operators, (d) 107 Twilight Avenue - Joseph Steele, (e) 2740 Golden Grove Road - Galbraith, (f) 1450 Golden Grove Road - Galbraith, (g) 1111 Churchland Road - Debly Resources, and (h) 873 Hillcrest Road - Debly, and authorize the advertising for the public hearing to be held on December 18, 2000; and (2) consider the recommended modification to Section 3(a) prior to third reading of the proposed "PQ" Zone, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 88-229 COMMON COUNCIL NOVEMBER 6, 2000 12. Parking Meter By-law - Parking Lot At 87 and 95 Charlotte Street Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-law amendment, which was given first and second readings on October 23, 2000. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number M-118-12 A By-law To Provide For The Preservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", with regard to the Trinity Royal parking lot at 87 and 95 Charlotte Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number M-118-12 A By-law To Provide For The Preservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", was read in its entirety. Question being taken, the motion was carried. 13. Cherry Brook Zoo On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the report from the City Solicitor advising that, with regard to a suggestion made by Dr. John Mackay during his presentation to Council on October 30,2000 as Chairman of the Board of Trustees of the Cherry Brook Zoo that the Board might well resign en masse and turn the Zoo over to the City, the City would have no legal obligation, in his opinion, to operate the facility if the Zoo were to be abandoned by the Board; also advising that those structures erected by the Zoo and which are affixed to the land constitute part of the land for purposes of ownership at common law and he is unaware of any agreement with the Zoo to the contrary; however, ownership of property such as animals, on the other hand, does not follow the land and the welfare of the animals at the facility is and will continue to be the responsibility of the owners, whom, he presumes to be the Cherry Brook Zoo Inc., be received and filed. Question being taken, the motion was carried. (Deputy Mayor Chase and Councillors Chase and White withdrew from the meeting as they were not present for the October 23, 2000 public hearing for the proposed Zoning By-law text amendment and re-zoning of property located at 378-380 Westmorland Road.) 14. Zoning By-law Text Amendment And Re-Zoning & Imposing Of Section 39 Conditions 378-380 Westmorland Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-543 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding the following to the list of zones in Section 30(1): "special zones SZ#5"; (2) adding the following as Section 740(5): (5) Special Zone #5 (SZ#5) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: 88-230 COMMON COUNCIL NOVEMBER 6, 2000 all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: a car sales lot or a mobile home or travel trailer sales lot; all other uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #5 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B-2" zone, a "B" zone, or a business zone, as the case may be. "; and (3) re-zoning a parcel of land located at 378-380 Westmorland Road (NBGIC Number 316851), having an area of approximately 1.2 hectares (3 acres), from "B-2" General Business to "SZ #5" Special Zone #5 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 site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating building location, paved parking areas, driveways, free-standing signs, exterior lighting, landscaped areas and other site features, and the approved site plan must be attached to the application for building permit for the development; and (b) all site improvements shown on the approved site plan must be completed within one year of building permit approval. The by-law entitled, "By-law Number C.P. 100-543 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 Chase and White re-entered the meeting.) 15. Water And SeweraQe By-law Amendment On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", by repealing and substituting Schedules "A", "B", "C" and "D" with regard to rates and charges, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", was read in its entirety. Question being taken, the motion was carried. 16. 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 October 16, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 88-231 COMMON COUNCIL NOVEMBER 6, 2000 1. That as recommended by the City Manager, Common Council support the proposal call for private sector development of the proposed expansion to the Canada Games Aquatic Centre on the basis that it will result in a net decrease in the annual operating deficit, and direct the Canada Games Aquatic Centre Commission to seek the support of the Regional Facilities Commission to invite proposals from the private sector for the construction and lease of the required floor space for the Aquatic Centre expansion. November 6, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Aquatic Centre Expansion Proposal On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 17. Planning Advisory Committee Subdivision - 135 Charles Street East On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) accept a cash-in-lieu of land for public purposes dedication for the proposed subdivision at 135 Charles Street East; and (2) assent to the submitted subdivision proposal, and to any required municipal services or public utility easements. Question being taken, the motion was carried. 18. Planning Advisory Committee Subdivision - 1032 Fairville Boulevard On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plan of 1032 Fairville Boulevard, and to any required municipal or public utility easements. Question being taken, the motion was carried. 19. Planning Advisory Committee Subdivision - 950 ManawaQonish Road On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of a Section 101 agreement requiring that the garage on Lot 00-1 at 950 Manawagonish Road be demolished if a one-family dwelling is not constructed on the lot within 24 months of a subsequent transfer of title of the property. Question being taken, the motion was carried. 88-232 COMMON COUNCIL NOVEMBER 6, 2000 20. Delta Brunswick Hotel - Taxicab Bv-Iaw 21. Hospitalitv Saint John - Taxicab Bv-Iaw On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Delta Brunswick Hotel, and the letter from Hospitality Saint John, regarding the proposed new Taxicab By-law, be referred to the Mayor's committee on the proposed new Taxicab By- law. Question being taken, the motion was carried. 22. Patterson Palmer Hunt Murphy, Solicitors For Rockaberry Investments Corporation & Steamers Lobsters Inc.. Re Fire Exit Stair On Duke Street On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Council grant an easement over the Duke Street sidewalk to permit the erection of a fire exit stair on the exterior of the building located at 110 Water Street where it fronts on Duke Street, as requested in the letter from Patterson Palmer Hunt Murphy, solicitors for Rockaberry Investments Corporation and Steamers Lobsters Inc., such easement to be for the life of the building and to be contingent upon proof of insurance coverage being supplied to the City that there is comprehensive general liability coverage in place in the amount of $2 million, naming the City as co-insured with a requirement that no material change in or cancellation of that policy take place without advance notice, in writing to the City, and the permission granted terminate in the event that liability insurance lapses. The mover and seconder of the initial motion to grant the easement added to the motion as indicated above on the City Solicitor's suggestion that, if Council were prepared to accommodate the request being made, the adjustments should be made to the motion as it involved a public street and on the basis that Council would be taking an unusual step and the importance of protecting the City from potential liability. Question being taken, the motion was carried. 23. Louis & Kimberly Doucet - Amendment To Section 39 Conditions Of Re-ZoninQ Of 3840 Loch Lomond Road On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the application of Louis and Kimberly Doucet for an amendment to the Section 39 conditions of re-zoning of the property located 3840 Loch Lomond 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, December 18, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. Organizing Committee For 2001 Greater Saint John Communities In Bloom - City BeinQ Host Community On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Organizing Committee for 2001 Greater Saint John Communities in Bloom requesting the City of Saint John to become a host community for the 2001 Communities in Bloom National Symposium and Award Ceremony, September 19 - 22,2001, sponsorship being requested from Grand Bay-Westfield, Quispamsis, Rothesay and Saint John in amounts of $500, $1,000, $1,000 and $7,500, respectively, be referred to the City Manager. 88-233 COMMON COUNCIL NOVEMBER 6, 2000 Question being taken, the motion was carried. 25. Mervyn Neill I Arthur Dorcas - Restoration Of Road & Sidewalk At 114 Glen Road On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mervyn Neill and Arthur Dorcas advising that they feel the suggestion, which was made at a meeting with City staff and the owner of 116 Glen Road, to restore the road and sidewalk to their original elevation to be a good and reasonable resolution to the matter, and thanking Council and City staff for resolving this to their satisfaction, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk