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1999-10-04_Minutes 87 -700 COMMON COUNCIL OCTOBER 4, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of October, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Titus, Trites, Vincent 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; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Galbraith, Director of Works; S. Lodhi, Manager, Real Estate & Facility Management; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Secretary. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and Rev. Vie Hodge of St. George's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that minutes of the meetings of Common Council, held on September 20, 1999 and September 27. 1999, be approved. Councillor Titus asked that the September 20th minutes reflect that staff were also presented with United Way mugs from Mr. Kauffmann, Chairman of the 1999 United Way Campaign. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 900 Ashburn Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a portion of property located at 900 Ashburn Road (NBGIC Number 432203), having an area of approximately 10 hectares (25 acres), from "RS-2" One and Two Family Suburban Residential to "RF" Rural classification, to permit the establishment of a commercial woodcutting operation for the removal of the pulpwood from the lot, as requested by AC. Fairweather & Sons 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 28, 1999 meeting at which Mr. RG. Buckley addressed the Committee, on behalf of the applicant, in favour of the proposal; and recommending that Common Council re-zone a portion of property at 900 Ashburn Road, having an area of approximately 10 hectares (25 acres) (identified as NBGIC Number 432203), from "RS- 2" One and Two Family Suburban Residential to "RF" Rural, subject to a resolution pursuant to Section 39 of the Community Planning Act, that a commercial woodcutting operation be subject to the following conditions: (a) no removal of vegetation be permitted within 61 metres (200 feet) of Drury Cove Road or Rothesay Road; (b) no removal of vegetation be permitted within 30 metres (100 feet) of any watercourse, unless a Water Course Alteration Permit is obtained from the N.B. Department of 87 -701 COMMON COUNCIL OCTOBER 4, 1999 Environment; (c) the hours of operation be limited to 8:00 a.m. to 5:00 p.m., Monday to Saturday; (d) a locked gate be maintained during the operation to prevent illegal vehicular access to the property, and at the completion, a suitable barrier acceptable to the Development Officer be developed to prevent any vehicular access; and (e) any fallen trees as a result of the woodcutting operation are removed to the satisfaction of the Building Inspector. On motion of Councillor Vincent Seconded by Councillor Ball 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 located at 900 Ashburn Road, having an area of approximately 10 hectares (25 acres) (NBGIC Number 432203), from "RS-2" One and Two Family Suburban Residential to "RF" Rural classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 located at 900 Ashburn Road, having an area of approximately 10 hectares (25 acres) (NBGIC Number 432203), from "RS-2" One and Two Family Suburban Residential to "RF" Rural classification, 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. 4(a) Zoning By-law Amendment To Re-Zone 477 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 477 Millidge Avenue, having an area of approximately 4240 square metres (45,640 square feet), (being the rear portion of NBGIC Number 55115059), from "R-1 B" One Family Residential to "US" Utility and Service classification, to facilitate the possible future expansion of the existing power substation situated on the adjacent property, as requested by Hughes Surveys & Consultants Ltd., 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 considered at the Committee's September 28, 1999 meeting at which Mr. Richard Turner, of Hughes Surveys & Consultants Ltd., expressed support for the staff recommendation; and recommends that Common Council (1) re-zone a parcel of land located at 477 Millidge Avenue, having an area of approximately 4240 square metres (45,640 square feet) (being the rear portion of NBGIC Number 55115059) from "R-IB" One Family Residential to "US" Utility and Service classification; and (2) initiate the re-zoning of the property located at 481 Millidge Avenue, (NBGIC Number 55115034) from "R-1 B" One Family Residential to "US" Utility and Service classification. Mr. Rick Turner of Hughes Surveys & Consultants Ltd. addressed Council stating he concurs with the recommendation and advised Peter Kelly and Eric Marr from Saint John Energy were present to answer any questions Council may have. 87 -702 COMMON COUNCIL OCTOBER 4, 1999 On motion of Councillor Vincent Seconded by Councillor Ball 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 located at 477 Millidge Avenue, having an area of approximately 4240 square metres (45,640 square feet) (being the rear portion of NBGIC Number 55115059), from "R-1 B" One Family Residential to "US" Utility and Service 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 Ball 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 located at 477 Millidge Avenue, having an area of approximately 4240 square metres (45,640 square feet), (being the rear portion of NBGIC Number 55115059), from "R-1 B" One Family Residential to "US" Utility and Service 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 Vincent Seconded by Councillor Trites RESOLVED that the re-zoning of the property located at 481 Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 15, 1999 at 7:00 o'clock p.m. 5. Municipal Plan Amendment Re 1450 Sandy Point Road Public presentation was made of a proposed Municipal Plan amendment to amend the following sections of the Millidgeville Development Plan: Sections 2.1.2 (Development Policies - Residential Development - Objectives), 3.4.5 (Development Area Design Guidelines - Development Area E: Kennebecasis Drive) and 3.4.6 (Development Area Design Guidelines - Development Area F: Sandy Point Road), to permit the creation of unserviced residential lots at 1450 Sandy Point Road with on-site facilities, whereas the Millidgeville Plan presently requires all lots to be serviced with municipal sewer and water, as requested by Hughes Surveys & Consultants Ltd. 6. Mavor's Remarks Mayor McAlary proclaimed October 1 to 7, 1999 to be World Breastfeeding Week, the week of October 3, 1999 to be "Power Week" in support of the Power Team's anti-drug message program for Canadian school assemblies, noting the Power Team will be visiting high schools in the City, the week of October 3 as Michael Gardner Run For Women Week on behalf of Amana House, October 7,1999 as World Mental Health Day; and the week of October 4 to 9, 1999 to be Home & School Association Week in the City of Saint John. Mayor McAlary extended condolences to the family members of the late Mr. Desmond Mallette who passed away September 30, 1999; noting that four public meetings have been scheduled to a review the Interim Emergency Measures Plan, Mayor McAlary encouraged the public to attend and give their input - the first meeting being scheduled for Thursday, October 14th at Champlain Heights School Library at 7:00 p.m. 87 -703 COMMON COUNCIL OCTOBER 4, 1999 7. Re E-Mailed Items For Council AQendas Read a letter from Deputy Mayor Chase submitting the following motion for debate at this meeting: "Whereas members of Council are now able to electronically communicate with City departments; and whereas electronic communication and information technology is in the forefront of Saint John's sales and marketing approach to the world; and whereas existing responsibilities for including items on the agenda of Council by Council members would not be changed in any substantial way; now therefore be it resolved that the Procedural By-law be amended to reflect that Common Council members may submit items for inclusion on the agenda of Common Council from their "known" e-mail address to the Common Clerk, as if they had been signed in the original, and delivered to the Clerk's Office by the deadline of noon, Fridays"; and advising his intent that staff would return to Council to present the appropriate wording, and take the opportunity to express any thoughts on this matter prior to or at the time first reading was to be considered. Deputy Mayor Chase asked to have the following changes made to the proposed resolution: (1) remove "the procedural by-law be amended to reflect"; and (2) "the deadline of noon Fridays" be amended to noon Thursday. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that Common Council members may submit items for inclusion on the agenda of Common Council from their "known" e- mail address to the Common Clerk, as if they had been signed in the original, and delivered to the Clerk's Office, by the deadline of noon, Thursday. Question being taken, the motion was carried. 8. RecvclinQ ProQram Consideration was given to a letter from Councillor Chase advising that he would like to make a brief presentation regarding the start-up of the recycling program and answer any questions in this regard. Councillor Chase gave an overview of the recycling program and the recent placement of depots at ten locations throughout the City; reviewed proposed depot sites advising that eighteen more will be in operation by the end of November 1999 noting the goal of the Fundy Solid Waste Diversion Program is to recycle 6,000 tons annually. Councillor Chase stated the provincial guidelines require the City to reach a 30% level of waste reduction through recycling in a reasonable timeframe; noting the recent placement of the depots is anticipated to attain a level of 15% and with the composting program starting in January 2000 the 30% level of recycling is expected to be reached. On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the letter from Councillor Chase regarding the start-up of the recycling program, be received and filed. Question being taken, the motion was carried. 9. OverQrown Grass On City Property Read a letter from Councillor Chase advising that he would like to discuss the issue of overgrown grass on ground that is supposedly maintained by the City. Councillor Chase stated he has been contacted by a number of citizens expressing concern regarding lands that are maintained by the City that have overgrown grass, in particular, Mount Pleasant Avenue. 87 -704 COMMON COUNCIL OCTOBER 4, 1999 On motion of Councillor Chase Seconded by Councillor Vincent RESOLVED that the letter from Councillor Chase regarding overgrown grass on ground that is supposedly maintained by the City, be referred to the City Manager. Question being taken, the motion was carried. 10. Traffic Congestion - Simms Corner And Thorne And Rothesav Avenues Consideration was given to a letter from Councillor Chase advising that he would like to discuss two traffic problems, one being the traffic congestion caused by the bus lay-by at Simms Corner, the other being the supper hour congestion on Thorne and Rothesay Avenues caused by long trains crossing these streets during peak hours. A discussion ensued regarding the bus lay-by at Simms Corner with Councillor Chase proposing a motion, that was not seconded, that staff and the General Manager of the Transit Commission meet with the present owners of the former Centracare site to discuss the possibility of using the site as a temporary lay-by for buses. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the problem of traffic congestion caused by the bus lay-bys at Simms Corner, be referred to the City Manager for a report. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Vincent RESOLVED that the problem of congestion on Thorne Avenue and Rothesay Avenue caused by long trains crossing these streets during peak hours, be referred to the City Manager. Question being taken, the motion was carried. 11. Tender For Renovations 7th Floor. City Hall Complex On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Choice Building Contractor Ltd., in the amount of $37,800, plus tax, be accepted to renovate the 7th floor of the City of Saint John City Hall Complex, 15 Market Square, be accepted. Question being taken, the motion was carried. 12. Tender For Contract 99-10 Consideration was given to a report from the City Manager advising that the prices received from tenderers on Contract 99-10, Millidge Avenue sewage pumping station, were substantially higher than the consultant's estimate of $90,000 and, as a result, staff reviewed the concept of the lift station design and concluded that a new design concept should be sought in order to reduce the overall cost of the lift station; stating the reasons to explain the difference between the estimated and actual bid prices, as put forth by the consultant who reviewed the bids and discussed the project with some of the contractors; and recommending that Contract 99-10 be withdrawn. 87 -705 COMMON COUNCIL OCTOBER 4, 1999 On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 99-10, Millidge Avenue pumping station, be withdrawn and the tenderers be notified of the withdrawal. Question being taken, the motion was carried. 13. Tender For Contract 99-24 On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 99-24, Meadowland Subdivision - rehabilitation of Manawagonish Creek storm sewer, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $89,450, as calculated based upon estimated quantities; approximately $20,000 from Local Drainage contained within the 1999 Storm Sewer Capital Project be utilized to provide the additional funds required for Contract 99-24; and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Mayor McAlary stated she has received a number of calls from residents on Honeysuckle Drive regarding flooding and questioned if it was caused by the present water and sewerage system in the area; Mr. Groody advised most of the problems encountered in this area were not caused by the City's system and noted the major storm sewer which was constructed in 1955 will be rehabilitated; advising this may help but not eliminate the drainage problems in the area. Mayor McAlary stated she has been advised by residents that the City is paying insurance claims related to the flooding in this area to which Councillor Titus raised a point of order that staff should not be acknowledging responsibility for this situation. Question being taken, the motion was carried. 14. HIP Application #93 On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve Housing Incentive application HIP #93 - PMK Holdings Ltd., for an estimated grant of $70,000 for Bayview Estates on Manawagonish Road. Question being taken, the motion was carried. 15. Amendment To Deed Restriction Re Use Of 132 Champlain Drive & 732 Grandview Avenue Property Consideration was given to the City Manager's report, which was tabled at Council's September 20, 1999 meeting recommending that Common Council amend the deed restriction with regard to the sale to Irving Oil Limited of land in the Champlain Heights area to read "The lands and premises described in Schedule 'A' hereto annexed shall not be used for industrial/commercial purposes but shall only be used as a wooded buffer area, except that it may be used as a temporary storage compound during the 1999-2000 calendar year", and that the Mayor and Common Clerk be authorized to execute whatever documentation is necessary to give effect to this recommendation. It was noted that the one-year time period should be the same as that authorized by the Planning Advisory Committee at its September 14, 1999 meeting. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above matter be taken from the table for consideration at this time. 87 -706 COMMON COUNCIL OCTOBER 4, 1999 Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED Common Council amend the deed restriction with regard to the sale to Irving Oil Limited of land in the Champlain Heights area to read: "The lands and premises described in Schedule A hereto annexed shall not be used for industrial/commercial purposes, but shall only be used as a wooded buffer area, except that it may be used as a temporary storage compound during the one year period as authorized by the Planning Advisory Committee at its meeting of September 14, 1999." Councillor Trites spoke in regard to his concerns referring to the process and stated over the past two weeks he had been given the opportunity to tour the Refinery upgrade and the land in question with a group of residents from the area; noting the representatives from Irving Oil advised they were willing to increase the buffer area behind those properties on Champlain Drive going toward Grandview Avenue in order to give the residents more privacy; and stated the applicant has now addressed the problem to his satisfaction and he will be supporting the motion. Councillor Titus advised he has viewed the site and understands the need for the storage area but will not be supporting the motion and expressed the opinion that the land in question was sold to the applicant to be used as a buffer area not a storage area. Mayor McAlary stated if the applicant is not given permission to use the land for storing the pipe, it would have to be stored somewhere else and then be transported resulting in traffic problems. Councillor Chase referred to the recent tour of the site and the employment opportunities being made available because of the development; Councillor Court stated he supports the motion but noted it is binding for one year only and expects the site to be returned to a buffer area after that period; Councillor Ball referred to the system being used in laying out the pipes for storage and expressed his support for the motion. Noting the impact on area residents Councillor White stated the Irvings have endeavoured to make the residents aware of what is happening on the site and advised he will be supporting the motion. Question being taken, the motion was carried with Councillors Titus and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that item 28 on the agenda, re Jeanie Johnston 2000 Saint John, be considered at this time. Question being taken, the motion was carried. 28. Jeanie Johnston 2000 Saint John Request For Financial Assistance On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Danny Britt, Co-Chairman of Jeanie Johnston 2000 Saint John regarding the five-day visit to Saint John of the replica of the famous famine Irish emigrant ship, the "Jeanie Johnston" on July 20, 2000, and asking for a contribution of $5,000 from the City of Saint John to this historic millennium project, be referred to the budget process. Question being taken, the motion was carried. 16. City Market By-law Amendment Re October 11. 17 and 31 OpeninQs Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed City Market By-law amendment, which was given first and second readings on September 20, 1999 and which would allow the City Market to be open for business on October 11, October 17 and October 31, 1999. 87 -707 COMMON COUNCIL OCTOBER 4, 1999 On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C-115-19 A By-law To Amend A By-law Relating To The Market In The City of Saint John", with regard to October 11, 17 and 31 openings, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C-115-19 A By-law To Amend A By- law Relating To The Market In The City of Saint John", was read in its entirety. Mayor McAlary stated a cruise ship will be in the City on October 11th and encouraged everyone to come to the City Market to participate in a promotion involving entertainment and other activities during the day. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 17. Traffic By-law Amendment Re Traffic Flow Leinster Street Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the Traffic By-law to change the direction of one-way traffic on Leinster Street, which was given first and second readings on September 20, 1999. On motion of Councillor Titus Seconded by Councillor Trites 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 the traffic flow on Leinster Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Trites referred to the corner of Grandview Avenue and Old Black River Road noting some painting on the road was done recently rerouting the traffic and asked if a sign could be placed there to help direct the traffic. 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", was read in its entirety. Question being taken, the motion was carried. 18. Traffic By-law Amendment Re ParkinQ On Main Street North Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the Traffic By-law to place a half-hour parking restriction in a previously designated loading zone on Main Street North, which was given first and second readings on September 20, 1999. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. 87 -708 COMMON COUNCIL OCTOBER 4, 1999 Question being taken, the motion was carried. 19. Section 39 Amendment To Conditions Of Re-ZoninQ Of 189 Waterloo Street Consideration was given to the report from the Planning Advisory Committee, which was tabled following the September 20, 1999 public hearing of a proposed amendment to the Section 39 conditions of re-zoning of the property at 189 Waterloo Street. (Councillor Vincent re-entered the meeting.) On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above matter be taken from the table for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor White RESOLVED that Common Council amend the conditions to the September 29, 1986 re-zoning of the subject property situated at 189 Waterloo Street, (NBGIC Numbers 14514, 55048334,16139,16121,16113,16105, 14530, 14522 and 13326) to accept the revised proposal to develop an office building with a maximum area of approximately 45,000 square feet of space, subject to the following conditions: (a) development of the site must be in accordance with a detailed site plan, to be prepared by the proponent, indicating building location, parking facilities, vehicular and pedestrian circulation areas and landscaping; (b) development of the proposed building must be in accordance with detailed building elevation plans, to be prepared by the proponent, indicating exterior building details and materials; (c) no development may occur, other than site preparation and foundation, until the Development Officer approves acceptable site plan and building elevation plans, mentioned in (a) and (b); (d) the uses permitted in the proposed office building are restricted to those uses permitted in the "B-2" General Business zone, and are subject to the standards of the Zoning By-law for "B-2" uses; (e) the number of off-street parking spaces and the size, number and location of signs for the development must meet the Zoning By-law's requirements for the "B-2" General Business zone; (f) all parking and vehicular circulation areas must be paved with asphalt and enclosed by cast-in-place concrete curbs; (g) the nine parcels of land comprising the subject site may be consolidated and resubdivided into no more than two separate parcels, as follows: (i) a lot comprising the proposed office building and associated uses; and (ii) a lot comprising the remainder of the subject site, which shall remain vacant until such time as a specific proposal is approved as a further amendment to these conditions; and (h) all work shown on the approved site plan and building elevation plans, except final landscaping work, shall be completed prior to occupancy of the development. Landscaping must be completed no later than one year after approval of the building permit for the development: AND FURTHER that Common Council assent to a subdivision plan with respect to the vesting of the proposed realignment of Hospital Street, generally as illustrated on the submitted site plan, together with any necessary municipal services and public utility easements. Question being taken, the motion was carried. 20. 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 87 -709 COMMON COUNCIL OCTOBER 4, 1999 Your Committee reports that it sat on September 27, 1999, 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 recommendations, namely: 1. That as recommended by the City Manager, Common Council amend its resolution of August 23, 1999, respecting the sale of a 23,580 square foot:t portion of NBGIC Number 55093983 and all of NBGIC Number 55092670 on Chesley Drive to 059525 N.B. Ltd. by: (1) deleting the noted purchase price of $31,000, plus HST, and replacing it with $10,000, plus HST; (2) adding "that the purchaser, at his own expense, shall install a sanitary sewer line from the Hilyard Street intersection with Chesley Drive to the mid point of that portion of NBGIC Number 55093983 (to be sold), to the satisfaction of the City's Chief Engineer"; and (3) all other aspects of the resolution remain the same. 2. That as recommended by the Nominating Committee, Elizabeth Chase be re-appointed to the Board of Directors of Imperial Theatre Inc. for a term of three years. 3. That as recommended by the Nominating Committee, Margaret Totten be re-appointed to the Trade and Convention Oversight Committee for a term of three years. October 4, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 20.1. Amendment To August 23, 1999 Council Resolution Re Sale Of Cheslev Drive Land On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that section 1 of the above report be adopted. (Re use - Rescinded ceo January 20,2003 Bk. 89 Pg. 475) Question being taken, the motion was carried. 20.2. Appointment To Imperial Theatre Board On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 20.3. Appointment To Trade And Convention OversiQht Committee On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 21. Planning Advisory Committee Vesting Of Land For Street Purposes 7 MaQazine Street & 329 Metcalf Street On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- 87 -710 COMMON COUNCIL OCTOBER 4, 1999 reduced subdivision plan, entitled Foursquare Gospel Church of Canada Subdivision, Situate Magazine Street, City of Saint John, Saint John County, New Brunswick, dated September 21, 1999, with respect to the vesting of an approximately 100-square metre parcel of land as a public street; and (2) assent to the submitted photo-reduced subdivision plan, entitled 059673 N.B. Ltd. Subdivision, Situate Metcalf Street, City of Saint John, Saint John County, New Brunswick, dated September 21, 1999, with respect to the vesting of an approximately 212-square metre parcel of land as a public street. Question being taken, the motion was carried. 22. Saint John Industrial Parks Ltd. Final Payment - Allov Drive On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as requested by Saint John Industrial Parks Ltd., Common Council authorize an over-expenditure in the amount of $18,545.73 on Contract 98-085102T (Spruce Lake Industrial Park, Alloy Drive Water, Sewer and Roadway Services), for a final contract value of $562,894.73. Question being taken, the motion was carried. 23. Regional Facilities Commission Year 2000 BudQets For Facilities On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the Greater Saint John Regional Facilities Commission advising of its review of the 2000 Operating Budgets for the Trade and Convention Centre, Aitken Bicentennial Exhibition Centre, Harbour Station, Imperial Theatre and the Aquatic Centre, as well as the 2000 net operating costs to be included in the "total municipal contributions" for each regional facility, be referred to the budget process. Councillor Titus expressed his concern regarding the amount that the City of Saint John contributes compared to other communities. Mayor McAlary explained the $140,000 increase over last year noting there has been an increase in salaries at the facilities; Harbour Station does not have as many functions scheduled for the coming year; and the Aquatic Center and Imperial Theatre have included some of their capital costs so they could be cost-shared with all the municipalities. Question being taken, the motion was carried. 24. Marian J. Perkins Re Traffic Situation On Champlain Drive On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Marian J. Perkins protesting about the dangerous traffic situation on Champlain Drive, especially since the influx of workers on the Refinery expansion and also because of the speed at which cars travel; and suggesting that steps must now be taken to alleviate the situation before the onset of winter storms increases the chances of a tragic accident, be referred to the City Manager. Question being taken, the motion was carried. 87 -711 COMMON COUNCIL OCTOBER 4, 1999 25. First Night Saint John, Inc. - Re Financial Assistance For December 31. 2000 Event On motion of Councillor White Seconded by Councillor Ball RESOLVED that the letter from First Night Saint John, Inc., advising that, although it has chosen not to produce an event for December 31, 1999, it will be planning a celebration for December 31, 2000, the true beginning of the new millennium; and requesting financial assistance in the amount of $2,500 towards the First Night 2001 event, be referred to the budget process. Question being taken, the motion was carried. 26. Joanne Gunter Re Section 39 Conditions Re-ZoninQ Of 1151 Golden Grove Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the letter from Joanne Gunter expressing concern over what she feels is a breach of the Section 39 conditions imposed by Council on June 28, 1999 on the re-zoning of property at 1151 Golden Grove Road; and expressing the view that Council should be held accountable for ensuring that all the concerns and future ones are corrected and monitored, be referred to the City Manager for a report. Question being taken, the motion was carried. 27. Skate To Care 2000 Request For Support On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Skate To Care 2000 requesting a renewed commitment with regard to the Skate To Care scheduled for February 12, 2000 at Fisher Lakes, Rockwood Park, and for permission to use the Fisher Lakes area and the Rockwood Park Interpretation Centre, as well for (1) team support, both moral and financial thereby enabling the City of Saint John to assume a leadership role in support and community mental health; (2) preparation of the ice surface, weather permitting; (3) plowing the Lake and parking areas, entrance and exit roads; (4) co-operation with transportation and parking strategies; (5) site preparation for the tent to be erected in the Fisher Lakes parking area; (6) waiver of Interpretation Centre rental fees; and (7) any other site preparation, operation and dismantling details as deemed appropriate by the City/committee staff, be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Court Seconded by Councillor Trites 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