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1999-10-18_Minutes 87 -720 COMMON COUNCIL OCTOBER 18, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of October AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; 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 Rev. Bob Freill of the Roman Catholic Diocese 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 Tuesday, October 12, 1999, be approved. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary invited, if there was no objection from Council to do so, the Human Development Council to make a presentation at this time, noting that the Human Development Council had requested to do so in a letter to her (copies of which were distributed to Council members at this meeting) which was inadvertently omitted from the Council kit for this meeting. Bridget McGale, President of the Human Development Council, addressed Council in recognition of the City's leadership in its continuing support of the Human Development Council which was celebrating its twentieth anniversary of service in the community; and presented the Mayor with a scroll listing the forms of support given by the City to the Human Development Council. Members of the Human Development Council delegation distributed a token of appreciation to each of the Council members; and the Mayor thanked the Human Development Council for its service to the community. 3(a) Municipal Plan Amendment (b) Re-ZoninQ 124 Waterloo Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to amend Part 10, the Peninsula Neighbourhood Plan, (1) by adding the words ", except in situations where area residents are permitted to use the spaces in parking lots developed adjacent to, or across the street from, areas designated other than Residential" at the end of the first sentence in Policy 1.1.8 of the Peninsula Neighbourhood Plan; and (2) by adding the words ", with the exception of parking lots provided for in Policy 1.1.8" at the end of Policy 2.1.1 of the Peninsula Neighbourhood Plan; and (b) the proposed re-zoning of a parcel of land with an area of approximately 1260 square metres (0.3 acres), located at 87 -721 COMMON COUNCIL OCTOBER 18, 1999 124 Waterloo Street (NBGIC Numbers 13706, 13144, 13136 and 13128), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, as requested by the Catholic Diocese of Saint John, 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 letter of concern in the above regard considered at the Committee's October 13 meeting at which Richard Smith of the Saint John Parking Commission, indicated the presence of Paul Daigle from the Catholic Diocese of Saint John, and was in general agreement with the staff recommendation with the exception of recommendation 5 to deny the requested variance to permit reduced landscaping adjacent to Exmouth Street; advising that the Committee adopted the staff recommendation concerning the Municipal Plan and re- zoning, and approved both variances required to undertake the development as submitted; and recommending that Common Council (1) amend Part 10 of the Municipal Development Plan, being the Peninsula Neighbourhood Plan, as follows: (a) by adding the words ", except in situations where area residents are permitted to use the spaces in parking lots developed adjacent to, or across the street from, areas designated other than Residential" at the end of the first sentence in Policy 1.1.8 of the Peninsula Neighbourhood Plan; and (b) by adding the words ", with the exception of parking lots provided for in Policy 1.1.8" at the end of Policy 2.1.1 of the Peninsula Neighbourhood Plan; and (b) re-zone of a parcel of land with an area of approximately 1260 square metres (0.3 acres), located at 124 Waterloo Street (NBGIC Numbers 13706, 13144, 13136 and 13128), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the non-residential use of the site is limited to a surface parking lot; (b) the operator of the parking lot must permit parking for residents of the surrounding neighbourhood after 6:00 p.m. Monday to Friday, and all day on weekends and statutory holidays; (c) there shall be no vehicular access to the parking lot from Exmouth Street; (d) the site must not be used as a parking lot unless developed in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating asphalt paved surface, cast-in-place concrete curbs, landscaped areas, surface drainage (including catch basins where necessary), driveway and walkways, and the approved site plan must be attached to the application for change-of-use permit for the parking lot; and (e) all work illustrated on the site plan mentioned in condition (d) must be completed within one year of approval of the required change-of-use permit. Dominick Eden, Chair of the South Central Citizens Council, spoke in opposition to the proposed amendments on the basis that it was very clear in the Peninsula Neighbourhood Plan that one of the largest concerns that many of the citizens had was that there be a stop to the creation in the community of surface-level parking for non-residents; expressed concern about the community slowly being torn down for surface-level parking for people who do not live in the area, which is seen as a long-term threat to the viability of the community, the results of this continued destruction seen in the fact that the retail sector in the Uptown is in a steady decline due to a lack of a consumer base to support retail establishments, and also in the manner in which large churches are suffering as a result of a lack of community and a declining population to help support these institutions. Mr. Eden suggested that there was already plenty of surface-level parking in the area in question; and advised that the proposed parking lot was seen as having a negative long-term effect on the viability of the neighbourhood in terms of attractiveness and in terms of attracting new people into the area who are interested in renovating or rejuvenating older properties, as not too many people would want to live beside a big vacant asphalt parking lot and would not consider it high desired realty. Mr. Eden expressed concern that, with the demolition of the building on the subject property, the community lost a retail storefront and possibly a local inhabitant of an apartment in the upstairs of the building, and suggested that a long-term plan should be developed to determine the needs for parking in the community in anticipation of building a parking structure to relieve the pressure on the community as the residents do not want more parking lots in the community, nor do they want more housing destroyed to meet the needs of residents who do not live in the area. Mr. Eden, in response to questions, made the observation that there seems to be a renewed interest in building in the Peninsula as over the last two or three years many of the lots in the Central Peninsular have been built on; and suggested that, before committing the lot in question to long-term parking, there should be a time for it to 87 -722 COMMON COUNCIL OCTOBER 18, 1999 be open for development and maybe the Church might consider developing it with a facility for, for example, people with special needs as have other churches in the past. Paul Daigle was present in support of the amendments, representing the Catholic Diocese of Saint John, as was Richard Smith, Administrator of the Saint John Parking Commission, and Mr. Daigle explained that the only reason for tearing down the building on the site in question, which had housed the Catholic Bookstore, was because it required between $130,000 and $150,000 worth of repair work as brought initially to the Diocese's attention by the Building Inspector, and the Diocese reluctantly decided to tear it down as it was beyond repair and, although there were residential apartments in the building, they had not been rented out for five to seven years because they were very dilapidated and unsafe. Mr. Daigle advised that, while the Diocese presently had no plans for the property, because of its proximity to the Cathedral it may well have some value to the Diocese in the future; however, the fact of the matter was that the property has presented a bit of a problem, administratively, to the Diocese and is an eyesore as it has been a dumping ground for derelict vehicles and, for example, a snowmobile carcass, as well as a parking lot for logging trucks and such; and the Diocese felt that this would be an opportune joint venture to do something useful with the property and at the same time meet a need for parking. Mr. Smith added that the Parking Commission looks for opportunities for parking in areas where it is required and it would be the intent, if the by-laws were enacted, to develop the parking lot next spring. Mr. Smith, in response to questions, advised the intent, if the amendments were approved, for the Saint John Parking Commission to operate the parking lot on a ten-year lease, and commented in terms of anticipated revenue from the parking lot and the capital cost of creating a parking lot; and Mr. Daigle advised that the reason the Diocese did not put the property on the market for sale was because, in view of its proximity to the Cathedral, it could have some value to the Diocese in the possible future use for seniors or non-profit housing; however, as the building had to come down, the Diocese was left with a lot which, effectively, was causing it some problems in terms of its appearance and what not. Mr. Daigle expressed the view that, as the Parking Commission's properties are very well kept, the parking lot proposed would be a substantial improvement to what is there now. In terms of a poll of the neighbourhood about the proposed parking lot, Mr. Daigle advised that not one negative comment was received, and Mr. Smith added that the poll involved the area to which Planning sent its notices in that, before taking the project to Planning, they wanted to make sure there would not be a major problem because, if there was going to be, they were not going to proceed with the proposal. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law entitled, 'A Law To Amend The Municipal Plan By-law", by amending Part 10, the Peninsula Neighbourhood Plan, by: (a) by adding the words ", except in situations where area residents are permitted to use the spaces in parking lots developed adjacent to, or across the street from, areas designated other than Residential" at the end of the first sentence in Policy 1.1.8 of the Peninsula Neighbourhood Plan; and (b) by adding the words ", with the exception of parking lots provided for in Policy 1.1.8" at the end of Policy 2.1.1 of the Peninsula Neighbourhood Plan, be read a first time. Question being taken, the motion was carried with Councillor Ball voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled, 'A Law To Amend The Municipal Plan By-law", by amending Part 10, the Peninsula Neighbourhood Plan, by: (a) by adding the words ", except in situations where area residents are permitted to use the spaces in parking lots developed adjacent to, or across the street from, areas designated other than Residential" at the end of the first 87 -723 COMMON COUNCIL OCTOBER 18, 1999 sentence in Policy 1.1.8 of the Peninsula Neighbourhood Plan; and (b) by adding the words ", with the exception of parking lots provided for in Policy 1.1.8" at the end of Policy 2.1.1 of the Peninsula Neighbourhood Plan, be read a second time. Question being taken, the motion was carried with Councillor Ball voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 1260 square metres (0.3 acres), located at 124 Waterloo Street (NBGIC Numbers 13706, 13144, 13136 and 13128), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business 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 with Councillor Ball voting "nay". Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Court 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 with an area of approximately 1260 square metres (0.3 acres), located at 124 Waterloo Street (NBGIC Numbers 13706, 13144, 13136 and 13128), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business 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 with Councillor Ball voting "nay". 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 White RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Section 39 Amendment Re Re-ZoninQ Of 77 Glen Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the December 10, 1979 re-zoning of the property at 77 Glen Road (NBGIC Numbers 298695 and 55055255), as amended, to permit a revised proposal to permit the existing building to remain in its present location and to delete the requirement to provide garbage receptacles 50 metres in each direction of the site on Glen Road, as requested by Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., and no written objections were received in this regard. 87 -724 COMMON COUNCIL OCTOBER 18, 1999 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 October 13 meeting at which Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., spoke in favour of the proposal; advising that, as with other subdivision proposals, there will be a separate letter to Council concerning these matters if and when the proposed closing of that portion of Hilltop Lane, formerly called Simpson Drive, is approved; and recommending that Common Council (1) enact a by-law to stop up and close all that portion of Hilltop Lane, formerly called Simpson Drive, a public street at Glen Falls in the City of Saint John in the County of St. John and Province of New Brunswick having an area of 265 square metres lying north of Glen Road and abutting the western sidelines of Lot 51 (Plan File 16, No. 31) and Lot 1 Block 24 (Plan Drawer 1, No.2) and shown on a plan of survey titled: "Plan of Survey Showing Portion of Hilltop Lane (formerly Simpson Drive) City of Saint John, County of St. John, N.B.", dated September 8, 1999, certified correct Kierstead Quigley and Roberts Ltd. per Gerald R. Roberts N.B.L.S., CLS; and (2) hold the public hearing with regard to the proposed Section 39 amendment with respect to 77 Glen Road on October 18, 1999 and, if and when third reading is given to the By-law mentioned in (1) above, amend the Section 39 conditions imposed on the December 10, 1979 re-zoning of the subject property situated at 77 Glen Road, also identified as NBGIC Numbers 298695 and 55055255, as amended, as follows: (a) that paragraph of the Agreement dated July 7, 1989 be amended to read as follows: That the site must be developed and maintained in accordance with the attached Schedule "A"; (b) that Schedule "A" of the Agreement dated July 7, 1989 be repealed and replaced with the submitted revised Schedule "A"; and (c) that paragraph 7 of the Agreement dated July 7, 1989 be amended to read as follows: That garbage receptacles must be placed on the inside and on the grounds outside of the building during aI/ hours of operation, and that the grounds surrounding the building be kept clean of aI/litter and debris. The Mayor advised her intent to, after the public hearing, ask Council to table the matter until the next Council meeting at which time, if first and second readings were given at this meeting to the proposed Street Closing By-law amendment for Hilltop Lane under item 6 on the agenda, third reading would be considered at the November 1, 1999 Council meeting, with the proposed Section 39 amendment to be considered subsequent to that. Stephanie Thompson, Solicitor for East Coast Convenience Stores Ltd., addressed Council in support of the proposed amendment; and, in referring to Planning staff's report as submitted with the above report from the Planning Advisory Committee, summarized that, in general, East Coast Convenience Stores Ltd.'s building, on its property at the corner of Glen Road and Hilltop Lane, which was formerly Simpson Drive, encroaches slightly onto Hilltop Lane, and that she had been working with City staff in an attempt to reach a mutually agreeable solution to this problem; and the proposal, which was in two phases, was to enact a Street Closing By-law amendment under item 6 on the agenda of this meeting and, as well, as is the subject of this public hearing, amend the Section 39 agreement currently in place as the building, because of its current encroachment, is in violation of it and also to make the garbage receptacle provision slightly less onerous than it is at this time. Ms. Thompson expressed agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 5(a) Section 39 Amendment Re Re-ZoninQ Of 213-217 Ludlow Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the August 30, 1982 re-zoning of the property situated at 213-217 Ludlow Street 87 -725 COMMON COUNCIL OCTOBER 18, 1999 (NBGIC Number 366831), to permit the operation of a restaurant within the existing convenience store, as requested by Jeff and Katherine Fulton, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a petition with in support of the proposal, and a letter in opposition to the proposal, considered at the Committee's October 13 meeting at which Hodges Hamm, representing the applicant, spoke in support of the application, submitted the petition referenced, and stated that the owner of the property was prepared to demolish an accessory building contained on the subject site to develop a parking area for the proposed restaurant, and was prepared to satisfy Building Code and New Brunswick Health regulations, and Planning staff indicated it was unnecessary to impose Section 39 conditions regarding these regulations as they are required in any event; and recommending that Common Council amend the Section 39 conditions imposed on the August 30, 1982 re-zoning of the property situated at 213- 217 Ludlow Street, also identified as NBGIC Number 366831, to permit the operation of a restaurant within the existing convenience store. Linda Craft of 178 Rodney Street appeared in opposition to the proposed amendment, referencing her letter which was copied to Council with the above report from the Planning Advisory Committee, for the reason that the corner in question is a hang-out for teenagers in the early evening hours and an older group of people in the mornings; and, when deliveries are being made to the store by beverage dealers and such, they block the intersection so one cannot see when attempting to get out of Rodney Street to cross Ludlow Street. Ms. Craft expressed the opinion that the reason for the request for a 24-seat restaurant was so that Mr. Fulton could keep his VL T machines, the consequences of which the homeowners, not the renters, in the area would suffer, and asked what would happen to her property value with this on the corner. Hodges Hamm of 199 Horsier Drive, speaking on behalf of the owners of Carleton Grocery regarding their application for a Section 39 amendment to allow them to operate a 26-seat licensed restaurant, advised that the reason for the application is that their take-out restaurant has outgrown its ability to serve the needs of its patrons, who have asked on many occasions for a place to be able to sit down and enjoy their meals. Mr. Hamm also advised that ninety per cent of the Fultons' customers are from the immediate and local area, consisting mostly of middle-aged persons to seniors who, in most cases, rely on public transportation and their feet to get to and from wherever they go; and further advised that, in addition to the letter of support presented to the Planning Advisory Committee, he had another forty-five names in support of the application. Mr. Hamm, in addressing the concern about teenagers being outside the store, made the observation that they could not enjoy their food indoors as there was no seating provided; and confirmed that the Fultons are prepared to make the recommended alterations requested by City staff in the report to the Planning Advisory Committee, as confirmed at the Committee's meeting, as well as their intent to provide four off-street parking spaces on-site. Mr. Hamm further advised that the Fultons feel, because of the recent changes in economic conditions and the demographics, the change is being accepted in the neighbourhood; and requested that Council allow the Fultons the opportunity to provide their customers with the service they have indicated overwhelmingly that they want. In response to questions, Mr. Hamm commented on the type of changes the applicants' intend to make in the facility, and advised at this time there were no video lottery machines in the building and, while there was no assurance that video lottery machines would be granted to this individual operator, he could make application if he chose to do so. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the application of Jeff and Katherine Fulton for an amendment to the Section 39 conditions of re-zoning of property located at 213-217 Ludlow Street, be denied. 87 -726 COMMON COUNCIL OCTOBER 18, 1999 Mr. Baird replied to questions on conditions that would have to be met in order to permit a conversion from a convenience store to a restaurant with a liquor license, as well as on parking requirements; and Councillor Fitzpatrick suggested that it might be possible to table this matter in order to see the plans mentioned by Mr. Hamm, which were being worked on since the matter was before the Planning Advisory Committee. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 6. Street Closing By-law Amendment Re Hilltop Lane The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Hilltop Lane (formerly called Simpson Drive), and no written objections were received in this regard. Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., spoke in support of the proposed Street Closing By-law amendment; and, referring to a tentative plan of the Glen Falls Subdivision submitted with the above correspondence, noted the encroachment of her client's building on Simpson Drive which is now Hilltop Lane, the proposal being to stop and close this portion of Hilltop Lane, subsequent to which a land exchange with the City was being proposed. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Hilltop Lane (formerly called Simpson Drive), be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to a portion of Hilltop Lane (formerly called Simpson Drive), be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 7. Municipal Plan Amendment Re 151-155 Sandy Point Road Public presentation was made of a proposed Municipal Plan amendment to amend Schedule 2-A and Section 2.4.7.15(x) by redesignating (a) a parcel of land with an area of approximately 180 square metres located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from Light Industrial (Approved Development) to Low Density Residential classification; and (b) a parcel of land with an area of approximately 520 square metres located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from Low Density Residential to Light Industrial (Approved Development) classification, to adjust the boundary between 151 and 155 Sandy Point Road, and permit an addition to the existing auto body shop located at 155 Sandy Point Road, as requested by Fender Mender Auto Body Ltd. 87 -727 COMMON COUNCIL OCTOBER 18, 1999 8. Mavor's Remarks Mayor McAlary proclaimed October 24-30, 1999 as Leave A Legacy Week in the City of Saint John, an information campaign to be conducted in this regard by local and national charities through the Canadian Association of Gift Planners. 9. Provincial I Municipal Relations Priorities Of The City Of Saint John Consideration was given to a letter from Mayor McAlary submitting a document, Provincial/Municipal Relations - Priorities of the City of Saint John, dated October 14, 1999, copies of which were recently provided to Premier Bernard Lord, the members of Cabinet, the local Progressive Conservative Members of the Legislative Assembly, the City's MP Elsie Wayne, and to The Honourable Claudette Bradshaw; and noting that the document identifies priorities that focus on (1) improving the transportation network; (2) improving the quality of the City's potable water; (3) continuing with the clean-up of wastewater into the Saint John Harbour; (4) establishing a plan and site and organizing and overseeing the development of a justice facility; and (5) an overall improvement in the quality of life for the citizens by developing the waterfront. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the priorities as outlined in the submitted document, Provincial/Municipal Relations - Priorities of the City of Saint John, be approved. The Mayor noted that, in Committee of the Whole about two weeks ago, Council members gave full support to the above document in anticipation of a meeting with the Premier, which has not yet taken place; and also that the priorities are of a long- term nature, needing long-term cost-sharing agreements with the Province in order to be achieved and, in approving the priorities, it would be the intent to instruct the City Manager to work with the deputy ministers at the Provincial Government level to negotiate and prepare the necessary programs and agreements. Council members spoke in turn in this regard. Question being taken, the motion was carried. 9A. Gift To City Read a letter from Mayor McAlary advising of a gift to the City of 1000 tulip bulbs from the City of Schledam, Netherlands, which will be planted in front of City Hall in the design of "2000", with senior citizens from the City to assist in the planting in honour of the "Year of the Older Person", sometime within the next two weeks; and also advising that the gift is a gesture to thank Canada as, in May 2000, Holland will celebrate 55 years of freedom and recovery. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that a letter of thanks be forwarded to the City of Schledam, Netherlands, in the above regard, and that Council send a gift to the City of Schledam. The initial motion proposed was to send a letter of thanks, and Councillor Titus suggested that, in thanking the City of Schledam, Council should give it a gift in return, perhaps a City flag. Question being taken, the motion was carried. 87 -728 COMMON COUNCIL OCTOBER 18, 1999 10. Tender For Contract 99-26 On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 99-26, Westmount Drive - Victoria Street East storm sewer construction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $117,334, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 11. Re 1151 Golden Grove Road On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the report from the City Manager responding to Joanne Gunter's letter to Council on October 4, 1999 in which she expressed a number of concerns regarding the establishment of Atlantic Home Improvements at 1151 Golden Grove Road, as well as a concern that there may have been a breach of the Section 39 conditions; and advising that staff of Building and Technical Services will continue to monitor the subject property for purposes of complying with the Zoning By-law, be received and filed and a copy forwarded to Ms. Gunter. Question being taken, the motion was carried. 12. Greater Saint John Economic Development Commission, Inc. Communities In Bloom Award On motion of Councillor White Seconded by Councillor Titus RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John), submitting a copy of its letter to the Communities in Bloom Committee extending congratulations on being chosen as the premier "Community of Excellence" throughout Canada, be received and filed, and Director of Recreation and Parks Bernard Morrison and the Fundy Region Solid Waste Commission be acknowledged for their efforts in this regard. Question being taken, the motion was carried. 13. River Valley Ground Search & Rescue Team Inc. - Financial Assistance On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from River Valley Ground Search & Rescue Team Inc. requesting a contribution of funds to its general funds, be referred to the budget process and River Valley Ground Search & Rescue Team Inc. be invited to make a presentation to Council in open session in this regard. Councillor Titus suggested that the above letter should be referred to the Saint John Board of Police Commissioners for consideration, with the suggestion that any funds provided come out of the Commission's budget, as it would be the City police who would be taking advantage of the services provided by this group. The Mayor advised that she would be prepared to deal with a referral motion at this time. 87 -729 COMMON COUNCIL OCTOBER 18, 1999 On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the above matter be referred to the Saint John Board of Police Commissioners. Councillor Fitzpatrick advised that he could support the referral to the Commission if the matter came back in a few weeks as he would not want to lose track of the request and, in response to the Mayor's observation that any funding from the Commission would come back to Council in the Commission's budget submission, Councillor Fitzpatrick noted that the Rescue Team could request to come to Council after that time. The Mayor, in response to Deputy Mayor Chase's observation that Council could approve a grant at this time rather than refer this request to either the budget process or the Police Commission, noted that a grant approved now would come from the 1999 budget; and also that, in referring the matter to the Police Commission, the Commission could have a presentation from the group. Question being taken, the referral motion was carried. 14. Saint John Construction Association Inc. - Tender Calls On motion of Councillor Ball Seconded by Councillor White RESOLVED that the letter from Saint John Construction Association Inc. expressing concern about the lateness of the City Works and Water and Sewer tender calls, and advising that it would be appreciated if these tender calls could be made early in the new year so as to give contractors the benefit of work in early spring and through the summer's good weather, be referred to the City Manager. The Mayor called for a motion to receive and file the above letter which was moved by Councillor Fitzpatrick, whereupon Councillor Ball proposed that it should be referred to the City Manager. Councillor White, noting that he had placed an item on the Council agenda of July 27, 1998 in this regard, asked if, in fact, staff has been doing what the Construction Association was asking be done with respect to tender calls. Mr. Totten replied on the basis of staff's concerted effort to move the tendering process earlier in the year, noting tenders issued early in the year particularly for concrete curbs and sidewalks and, as come late summer the City is anxious to get jobs done, there may be occasions when the Construction Association would see many calls for work to be done. Mr. Totten added that, while staff would like to be able to issue all the tenders on the first of January and let the contractors decide, he could only assure Council that staff continually works to have tenders out early in the year but there would always be some in the fall as well. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Adjournment The Mayor noted that the next regular Council meeting would be held on November 1,1999 at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk