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1998-09-21_Minutes 87-196 COMMON COUNCIL SEPTEMBER 21, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of September, 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors 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. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Property Management; W. Edwards, Building Inspector; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer The Mayor called the meeting to order, and Reverend Bob Freill of the Roman Catholic Diocese of the City of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on September 14, 1998, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 450-500 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to repealing By-Law Number C.P. 100-197 and By-Law Number C.P. 100-198, and the proposed re-zoning of a parcel of land at 450-500 Westmorland Road (NBGIC Numbers 55061139,55061147 and a portion of NBGIC Number 303479), having a frontage on the northwest side of Westmorland Road of approximately 1,650 feet and an area of approximately 47 acres, from "1-2" Heavy Industrial and "MH" Mobile Home Park to "sc" Shopping Centre classification, to permit the development of a shopping centre, 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 advising of its consideration at its September 15 meeting of the submitted report from Planning staff and the presentations made at that meeting at which a letter was received expressing the concerns of the Mark Drive residents related to traffic on Mark Drive and the need for the proper infrastructure to be put in place to resolve this issue; advising that, after considering the report, the presentations and the letter, the Committee decided to recommend approval of the proposal and adopted the staff recommendation with changes to proposed condition U) as suggested by the applicant and the Exhibition Association, as well as an amendment to part (3) as suggested by the residents of Mark Drive; and recommending that (1) Common Council repeal By-Law Number C.P. 100-197 and By-Law Number C.P. 100-198; (2) Common Council re-zone a parcel of land at 450-500 Westmorland Road, having a frontage on the northwest side of Westmorland Road of approximately 1,650 feet and an area of approximately 45 acres, also being NBGIC Numbers 55061139, 55061147 and a portion of NBGIC Number 303479, from "1-2" Heavy Industrial and "MH" Mobile Home Park to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the development is 87-197 COMMON COUNCIL SEPTEMBER 21, 1998 limited to the applicant's proposal to develop a shopping centre with a maximum floor area of approximately 460,000 square feet in one or more buildings; (b) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with detailed drainage plans, prepared by the developer and subject to the approval of the Chief City Engineer; (d) all utilities, including power and telephone, must be provided underground; (e) all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street rights-of-way to the edge of the City curb/sidewalk; (f) the development layout must include a driveway connection from the extension of Mark Drive to the adjacent Canadian Tire development, designed and constructed in a manner which is satisfactory to the owner of the Canadian Tire property and Development Officer; (g) the developer must extend Mark Drive to the north of Westmorland Road as a public street, in accordance with detailed plans prepared by the developer and subject to the approval of the Chief City Engineer; (h) the developer must install traffic signals at the intersection of Mark Drive and Westmorland Road in accordance with the specifications of the Chief City Engineer; (i) the developer is responsible for the cost of land acquisition and construction of a dedicated right-hand turn lane on eastbound Rothesay Avenue at McAllister Drive; U) the size of the development may not exceed 230,000 square feet of floor area until such time as one of the following alternatives is achieved: (i) the proposed connecting street from the extension of Mark Drive to McAllister Drive is completed in a manner which is acceptable to the Chief City Engineer and the Exhibition Association; (ii) other driveway connection between this development and McAllister Drive is completed in a manner which is acceptable to the Chief City Engineer; and (iii) a traffic analysis is submitted by the applicant indicating that any development over 230,000 square feet can be accommodated on the existing street network in a manner satisfactory to the Chief City Engineer; (k) the site shall not be developed except in accordance with detailed site plans and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved, and such site plan will be attached to the building permit for the development; and (I) all site improvements as shown on the approved site and drainage plans, except for landscaping, as well as all required off-site improvements other than that mentioned in condition (i), must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval; (3) Common Council must construct a road which would create a by-pass of the existing residential area on Mark Drive, south of Westmorland Road, prior to the opening of Phase I of this development, and no truck access on the existing Mark Drive be permitted during construction of the shopping centre; and (4) if and when third reading is given to the proposed re-zoning, Common Council assent to the subdivision of the subject site with respect to the proposed extension of Mark Drive as a public street, the proposed future street, and with respect to any necessary municipal services easements and public utility easements. Stephen Cronk of 199 Mark Drive, appearing in opposition to the proposed amendment, advised that he was not opposed to this application and, if it were the case that the wording of the Planning staff recommendation that Common Council undertake to construct a road which would create a bypass of the existing residential area on Mark Drive was to be changed to Common Council must construct a road, this was what he personally had been asking for all along. The Mayor read recommendation (3) of the Planning Advisory Committee's report to confirm that this was the case. Douglas Brooks of 177 Mark Drive appeared in opposition to the proposed re-zoning, and expressed the view that, as the extension of Mark Drive would provide the entrance into the new mall, one entranceway for the initial phase would place a very heavy load on the beginning of Mark Drive which has only two lanes which are currently inadequate and, although there would be extra areas later, that would not do anything for the immediate future. 87-198 COMMON COUNCIL SEPTEMBER 21, 1998 William Lewin of Mark Drive, appearing in opposition, concurred with Messrs. Cronk and Brooks' comments on the basis that, while he was not opposed to the development which would probably be good for the City, nothing should be allowed to occur for the City, as a whole, that would make one segment of the City suffer and that is exactly what would happen in Silver Falls if the development were allowed to commence before Mark Drive or a bypass or some other equitable solution was provided for Mark Drive. Sally Chown, representing Canadian Tire, advised that they were not opposed to the application but wanted to draw Council's attention to recommendation (f) in that, while they did have concerns with the cross access as it was currently shown on the site plan, with recommendation (f) they felt comfortable that they would be able to continue meeting with the applicant and come to some agreement with which they could live. Wayne Lockhart of 571Westmorand Road expressed concern not so much with this single development, but with the overall traffic throughout the area as it seemed to have been largely overlooked that there was an elementary school at the top of the hill and, with the continued development of infrastructure at the bottom of the hill such as this new development, this would draw traffic through Forest Hills from developments such as those around French Village and Golden Grove Road. Mr. Lockhart expressed the view that the Mark Drive extension from Westmorland Road through to McAllister Drive should be done at the initial phases, and also that the City should put in place a plan for the continued enhancement of McAllister Drive to allow traffic to flow in and out of this area in a smooth direction. Jean Urquhart of 20 Dutch Garden Lane, speaking in opposition to the proposed re-zoning, advised that she had a petition of another 50 names additional to that turned in with 49 names on it, and questioned the amount of compensatory storage to be provided for the proposed development, and the source of funding for fencing or a buffer. Mrs. Urquhart commented on flooding in the area, and expressed the view that something had to be done before any more expansion was allowed. Charles Swanton, Treasurer of the Saint John Exhibition Association, advised that the Association was in favour of development in the area but was concerned about the future road allowance, as indicated in the applicant's site plan, as it was not in the location that the Association would like to see; however, having had a couple of discussions with Mr. Wong since last Tuesday night, he thought the options might be there to a mutual resolution of the problem, but for Council to authorize the Planning Advisory Committee recommendation might be a little premature without knowing where the alignment would go, thus the Association would suggest that, pending final alignment of the future road allowance, no re-zoning be allowed. Star Bailey advised that she was not against the proposal but, as a resident of the trailer park off Westmorland Road which now floods in the front when Rothesay Avenue and McAllister Mall flood, she wanted to know whether, if the developer builds on the subject property, there will be any more water running through Majors Brook which is located behind her house and if it would flood, and if that would be addressed; and asked how close the property line of the proposed development would be to the trailers on Robin Court. Alden MacKnight of 9 Rockwood Avenue appeared in opposition to the proposed amendment on the basis of the water drainage problem in East Saint John and that flooding closes Rothesay Avenue and McAllister Drive, which are the eastern escape routes from Saint John in case of a disaster or potential disaster in the eastern half of Saint John. Philip Wong of First Westmorland Shopping Centres Limited spoke in support of the proposed amendment and, in highlighting the proposal for a shopping centre to be located at the northwest corner of Westmorland Road and McAllister Drive, developing a total of 460,000 square feet of the approximate 45-acre site in a phased development beginning with a 130,000 square foot WalMart Store, commented on the Feasibility and Impact Study carried out by John Winter Associates Limited, and the Traffic Impact Study prepared by FGA Consultants, noting the presence at the meeting of Don Good of FGA Consultants. Mr. Wong expressed agreement with the Planning Advisory Committee's recommendation; reviewed a site plan, a copy of which he circulated at this time; and, with regard to the Mark Drive extension, expressed support 87-199 COMMON COUNCIL SEPTEMBER 21, 1998 for the City's commitment in this regard and advised that the applicant would try to observe, in the construction phase, not having traffic going through this residential area by having those doing the work for the applicant abiding by that restriction. On the flooding issue, Mr. Wong advised that, as there was not enough room to accommodate displaced water, the proposal was for a payment of cash in lieu of compensatory storage; and, on the question of access, acknowledged that the applicant must satisfy Canadian Tire before going forward, and was fully prepared to discuss this issue with the Exhibition Association. Mr. Wong advised that, with regard to the separation distance from Robin Court, there would a 20-metre right-of-way going from Mark Drive to Westmorland Road and from then on there would be a 7.5 metre set-back to the building which would be a landscaped area, for a total of 27.5 metres from the rear property line of Robin Court to the WalMart building, and displayed a drawing of the new-style WalMart Store proposed for the site, the first of this style for New Brunswick. Mr. Wong responded to questions related to the proposal. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning of the City of Saint John by repealing By-Law C.P. 100-197 and By-Law C.P. 100-198, and re-zoning a parcel of land at 450-500 Westmorland Road (NBGIC Numbers 55061139,55061147 and a portion of NBGIC Number 303479), having a frontage on the northwest side of Westmorland Road of approximately 1,650 feet and an area of approximately 45 acres, from "1-2" Heavy Industrial and "MH" Mobile Home Park to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Mr. Baird advised that there would be ongoing discussions among City staff, the proponent and Canadian Tire so that the traffic light situation could be satisfactorily resolved for all parties concerned, and the recommendation before Council would also require that the City, the applicant and the Exhibition Association are satisfied with the arrangements to be made with respect to the cross-connection, the timing of which was one of the major considerations looked at during evaluation of this project. On the issue of the distance of the mobile home park lots from the development, Mr. Baird expressed the understanding, based on discussions with representatives of the mobile home park, that there would be a fence as part of the mobile home park beyond or at the property line and there also would be a buffer strip between the existing mobile homes on Robin and Crane Courts so that they were not immediately adjacent to the property line; and, on the issue of the various accesses on Westmorland Road, apprised Council of discussion between the Traffic Consultant and the Engineering Department with respect to the entrance opposite the Sears' entrance. Mr. Edwards, in addressing the flood risk issue, advised of discussion with the developer, early on, over the issue of compensatory storage during which time City staff indicated that the developer would be best served by minimizing the amount of fill material that they would bring into the site and, in considering this, the developer has placed, at least in its preliminary proposal, the buildings at an elevation higher than the flood waters and, although not all of the parking lot would be at an elevation above the flood elevation, the amount of flood storage would be kept to a minimum, and the City's recently-purchased Dynamic Construction and Balemans properties could more than adequately provide the compensatory storage required. Mr. Edwards addressed comments made by Mrs. Urquhart and Mr. MacKnight in their above presentations with respect to filling property which had been provided for compensatory storage, flooding along Rothesay Avenue and growth along and erosion of the banks of Marsh Creek, and also addressed the concern about storm water runoff from t he development into Majors Brook. 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. 87 -200 COMMON COUNCIL SEPTEMBER 21, 1998 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning of the City of Saint John by repealing By-Law C.P.100-197 and By-Law C.P. 100- 198, and re-zoning a parcel of land at 450-500 Westmorland Road (NBGIC Numbers 55061139,55061147 and a portion of NBGIC Number 303479), having a frontage on the northwest side of Westmorland Road of approximately 1,650 feet and an area of approximately 45 acres, from "1-2" Heavy Industrial and "MH" Mobile Home Park to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council must construct a road which would create a bypass of the existing residential area on Mark Drive, south of Westmorland Road, prior to the opening of Phase 1 of the First Westmorland Shopping Centres Limited development at 450-500 Westmorland Road, and no truck access on the existing Mark Drive be permitted during construction of the shopping centre. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 1177 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1177 Manawagonish Road (NBGIC Number 402750), having a width of approximately 31 metres (101 feet) along Manawagonish Road and an area of approximately 2,080 square metres (22,388 square feet), from "IL-1" Neighbourhood Institutional to "R-4" Four-Family Residential classification, to convert and renovate a church on the property for use as a three-unit dwelling, as requested by Bruce Kelly, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from Day & Ross Inc.'s solicitor, Robert E. Radford, considered at the Committee's September 15 meeting; advising that the Committee requested staff to place a copy of Mr. Radford's letter on file in the event that a noise complaint from any of the tenants at 1177 Manawagonish Road was received by the City and, in addition, Bruce Kelly will submit a letter to the City stating that he is aware of the commercial operation and the noise level that is generated by the business; and recommending that Common Council re-zone a parcel of land at 1177 Manawagonish Road, having a frontage of approximately 31.2 metres (102 feet) and an area of 2,080 square metres (22,388 square feet), also identified as NBGIC Number 402750, from "IL-1" Neighbourhood Institutional to "R-4" Four-Family Residential classification, but that third reading be withheld until written confirmation has been submitted to the Common Clerk that the conveyance of land to the applicant has occurred. 87 -201 COMMON COUNCIL SEPTEMBER 21, 1998 Robert Radford, legal counsel to Day & Ross Inc. appearing in opposition, clarified that he was not objecting to the re-zoning but wanted to draw to Council's attention that Day & Ross Inc. had a major transport centre on Fairville Boulevard, which operates 365 days a year 24 hours a day and, with regard to Mr. Kelly's request to have residential units within proximity of this property, he has spoken to Mr. Kelly and attended the Planning Advisory Committee to show the concern that Day & Ross had, not wanting to create any problems to Mr. Kelly, to tenants or to future owners because Day & Ross was a major operation and would continue and create noise which could be during the night when people were trying to sleep; and he wanted to make people aware of what would happen by bringing a residence into this zone. Bruce Kelly, the applicant, appeared in support of his application, and introduced Ray Glennie, a lawyer on behalf of the Lancaster Congregation of Jehovah's Witness, members of this Congregation having been the ones who asked for the condition to be included for the conveyance and transaction to be completed before third reading was given; and Mr. Glennie advised that he became aware, after the Planning Advisory Committee met, that this was not workable in terms of financing the transaction as the financial institution required that third reading be given and the property be re- zoned before money was advanced, thus he was requesting that this condition be removed and that the property be re-zoned without this condition. 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 parcel of land at 1177 Manawagonish Road (NBGIC Number 402750), having a frontage of approximately 31.2 metres (102 feet) and an area of 2,080 square meters (22,388 square feet), from "IL-I" Neighbourhood Institutional to "R-4" Four-Family 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 White Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 1177 Manawagonish Road (NBGIC Number 402750), having a frontage of approximately 31.2 metres (102 feet) and an area of 2,080 square meters (22,388 square feet), from "IL-I" Neighbourhood Institutional to "R-4" Four-Family 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 Fitzpatrick Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary noted ACAP Saint John's beach sweep on September 19, and proclaimed Monday, September 28 to be Jubilee 2000 Canadian Campaign for Debt Cancellation Day in the City of Saint John. (Councillor Trites withdrew from the meeting during the above remarks.) 87 -202 COMMON COUNCIL SEPTEMBER 21, 1998 6. TiminQ & SchedulinQ Of Council MeetinQs On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the letter from Mayor McAlary regarding the timing and scheduling of Council meetings; and recommending, on the assumption that public hearings would be held every second Monday with presentations allowed at any meeting, that Council approve to hold Committee meetings every Monday from 4:30 p.m. to 6:30 p.m., break from 6:30 p.m. until 7:00 p.m., with open session beginning at 7:00 p.m. every Monday evening -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 7. Acceptance Of Deed From Province For Land At 19 Rosemonde Court Consideration was given to a report from the City Manager advising that the Province recently became aware of an error in the 1974 subdivision plan for the Sand Cove Subdivision which created Parcel A which was identified as a sewer easement and, although it was intended that Parcel A would be designated as land for public purposes thus providing an access from Rosemonde Court to the large parcel of land for public purposes located south of Rosemonde Court, the transaction never took place. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council authorize the acceptance of the deed from the Province of New Brunswick for Parcel A on Rosemonde Court, as shown on the submitted plan, and the Mayor and Common Clerk be authorized to sign all documents necessary to give effect to this resolution. Question being taken, the motion was carried. 8. Amendment To March 16, 1998 Council Resolution Re Sale Of Land 189 Visart Street On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council amend its resolution of March 16, 1998 regarding the sale of land at 189 Visart Street whereby the closing date for the sale of the property to John and Shirley Kyle be no later than October 31, 1998, and the Mayor and Common Clerk be authorized to sign all documents necessary to give effect to this resolution and Council's resolution of March 16, 1998. Question being taken, the motion was carried. 9. Public Hearing Of Zoning By-Law Amendment 1770 ManawaQonish Road Read a report from the City Manager regarding the public hearing of the application of Pumpkin Patch (1998) Ltd. - Neil Lingley for a Zoning By-Law amendment with regard to property at 1770 Manawagonish Road, which was scheduled for this meeting; referring to a report on the agenda of this meeting from the Planning Advisory Committee which indicates the present situation with respect to this application; and recommending that, as the policy of Council requires cancellation of the September 21, 1998 public hearing and setting of a new public hearing, Common Council schedule a new public hearing to be held on Monday, November 2, 1998 at 7:00 p.m. and authorize the necessary advertisement. 87 -203 COMMON COUNCIL SEPTEMBER 21, 1998 On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of Pumpkin Patch (1998) Ltd. - Neil Lingley for a Zoning By-Law amendment with regard to property at 1770 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 2, 1998, at 7:00 o'clock p.m. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 10. Planning Advisory Committee. - Zoning Bv-Law Amendment 1770 ManawaQonish Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report form the Planning Advisory Committee submitting, for Council's information, a Planning staff report concerning the Pumpkin Patch (1998) Ltd. 's application for a Zoning By-Law amendment with regard t01770 Manawagonish Road, which the Committee tabled at its August 4 meeting to see if there was the potential of a consensus between the residents and the applicant; advising that the Committee was unfortunately not able to further consider this matter at its September 15 meeting as it did not have a quorum for this item; and noting Council's policy concerning the holding of public hearings prior to receiving a recommendation on the basis that this situation was not anticipated and alternative arrangements were explored and no agreement could be found -- be received and filed. Question being taken, the motion was carried. 11. Planning Advisory Committee - 101 Agreement Operation Of LounQe 87-89 Golden Grove Road On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an amendment to the Section 101 agreement with respect to the conditions of the operation of a lounge at 87-89 Golden Grove Road to incorporate the conditions imposed by the Planning Advisory Committee on September 15, 1998, as set out in the Committee's submitted report in this regard. Question being taken, the motion was carried. 12. Planning Advisory Committee - Subdivision Bv-Law Amendment Re Cost SharinQ On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's September 15 meeting involving an amendment to the cost-sharing provisions of the Subdivision By-Law that would reimburse developers for the net price of piping materials and not result in any change for developers as the City would continue to reimburse for the cost of piping materials (including a ten percent handling charge) but the harmonized sales tax (HST) would no longer be included in the cost- sharing calculation; advising that this matter was advertised in the local newspaper prior to the Committee's meeting and no presentations were made and no letters were received; and recommending that Common Council replace Section 26(2) of the City of the City of Saint John Subdivision By-Law with the following: "The cost of materials referred to in subsection (1) hereof is deemed to be the net price that would have been charged to the City of Saint John for the said materials at the time they are required by 87 -204 COMMON COUNCIL SEPTEMBER 21, 1998 the Developer, the determination of which net price shall be made by the Commissioner. The net price for such materials shall also include a ten (10) percent material handling cost." -- be received and filed and the recommendation adopted: AND FURTHER that the by-law to amend the Saint John Subdivision By- Law, with regard to cost sharing, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Saint John Subdivision By-Law. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Saint John Subdivision By-Law, with regard to cost sharing, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Saint John Subdivision By- Law. 13. Novell Tullett - Old Burial Ground On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Novell Tullett, Landscape Architects and Environmental Planning Consultants, extending good wishes for the continued enjoyment of the Old Burial Ground and expressing appreciation to those directly responsible for its upkeep for their sterling efforts -- be received and filed with appreciation. Question being taken, the motion was carried. Adjournment On motion of Councillor White Seconded by Councillor Court RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk