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1999-11-08_Minutes 87-743 COMMON COUNCIL NOVEMBER 8, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of November, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, 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. Lodhi, Manager of Real Estate and Facility Management; 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. Gordon O'Coin of Calvary Temple offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on November 1, 1999, be approved. Question being taken, the motion was carried. 3. New Brunswick Senior Goodwill Ambassadors For Saint John County Read a letter from Mayor McAlary advising of a presentation to be made at this meeting by Gerry Burke. The Mayor clarified that, although her letter refers to the New Brunswick Federation of Seniors, the presentation was to be made on behalf of the New Brunswick Senior Goodwill Ambassadors for Saint John County. Gerry Burke, Doug King and Bob Butler, New Brunswick Senior Goodwill Ambassadors for Saint John County, addressed Council, in turn, on the Ambassadors of the Province Program and how it works, Messrs. Burke, King and Butler being three of thirty-five ambassadors across the Province for the fifteen counties in the Province, highlighting the criteria to qualify to become a goodwill ambassador and the manner in which they promote the Province of New Brunswick. The Mayor thanked Messrs. Burke, King and Butler for their comments, and for the pins given to the Council members at this meeting. 8. Mavor's Remarks Mayor McAlary asked the citizens of Saint John to observe two minutes of silence at 11 :00 o'clock a.m. on Remembrance Day, November 11, 1999, on behalf of the Royal Canadian Legion and Veterans Affairs Canada, as a reminder of the sacrifices made to preserve our freedoms and way of life; and Councillor Court spoke on his attendance on behalf of the Mayor at the 8th Annual Bowl For Research Campaign for the Kidney Foundation. 87-744 COMMON COUNCIL NOVEMBER 8, 1999 9. SchedulinQ Of City's Workforce Consideration was given to a letter from Councillor Titus requesting an update from staff on any financial/efficiency produced by the changes to scheduling of the City's workforce in that, when Council approved such changes, it was with the expectation that these changes would improve the financial/efficiency position of operations. Councillor Titus requested, if it were the case that staff was back to the old way of doing things as was the situation brought to his attention late last week, an update from staff on what is proposed to gain the City those same financial and/or efficiencies promised when Council approved the changes or, otherwise. he would like an update as to any efficiency or financial savings the changes have produced. On motion of Councilor Titus Seconded by Deputy Mayor Chase RESOLVED that the above matter be referred to the City Manager for a report to Council in two weeks. Mr. Totten advised that, as to the collective agreement with CUPE Local 18 which covers a whole range of activities, staff has been looking at snow control scheduling in the winter months and would be reporting to Council in that regard; however, as to whether or not the organization had gone back to the way it used to do things, generally he would respond in the negative, although there could have been a recent change of which he was not yet aware and to which Mr. Groody could respond; and Mr. Groody spoke on the basis that changes were made to shift schedules on a bi- annual basis, adapting the workforce to the construction season and the winter season; and advised that, in the case of Water and Sewerage Services, changes, to be effective the first of December, have been made back to the way it was in that area in terms of scheduling in an attempt to find the best working arrangement and service option and to evolve to a best arrangement over time, learning from experience. Question being taken, the motion was carried. 4. Saint John Port Authority Cruise Industry To Port Capt. AI Sop pitt, President and Chief Executive of the Saint John Port Authority, introduced Betty MacMillan, Manager of Business Development, and Board members Rolf Spangenberg and William Leahy; and, through a computerized presentation, addressed Council on the potential of the cruise industry to Saint John and the community, beginning in 1989 when a cruise ship with 550 passengers was re- routed to the Port of Saint John due to a storm, to 1999 with 30 vessels with 40,000 passengers and approximately 20,000 crew members coming into the Port of Saint John, putting approximately $20 million into the local economy since 1989, based on information from Cruise Lines International Association that passengers spend about $150 in Canadian funds on each call. Capt. Soppitt advised that 56 vessels with about 100,000 passengers were expected in the Year 2000 in Saint John; and outlined the role played by the three groups who have taken the challenge to attract cruise lines and ensure that passengers receive a warm welcome and enjoy their visit to Saint John - the Meet and Greet Committee, the Saint John Cruise Committee - Cruise Saint John, and the Saint John Port Authority. In terms of support needed to meet the demand in 2000, Capt. Soppitt advised that, along with finding a full-time coordinator and increasing marketing efforts, more volunteers were required, as well as funding for 50,000 roses and 56 band performances, 50,000 lapel pins and additional buses; and acknowledged the City of Saint John's provision of financial support, a representative on the Cruise Committee, and a significant amount of promotional items and material. The Mayor, in noting the request to the City for 50,000 lapel pins, asked if it would be the intent to make a request, as in 1999, for $5,000 from the City through the budget process to which Capt. Soppitt indicated in the affirmative in that the purpose of the presentation at this time was to highlight the significance of cruises coming to the Port of Saint John next year and to see how all the stakeholders could work together to enhance cruises into the Port, and advised that other things from the City could involve beautifying, to a certain extent, Water Street if cruise ships were to be brought into the 87-745 COMMON COUNCIL NOVEMBER 8, 1999 East Side of the Harbour, as well as sharing or partnering in some marketing activities; and during discussion Capt. Soppitt advised of revenue generated for the Saint John Port Authority through cruise ship visits in terms of Harbour dues and berthing and passenger fees. 5. Mervvn Neill Re Glen Falls FloodinQ Read a letter from Mervyn Neill of 114 Glen Road advising that he would like to speak on the matter of the flooding situation on Glen Road in that the measures taken have not been effective, and he would like to be assured that future developments would not be a factor in the worsening state of the area. Mr. Neill, referencing his previously submitted brief and noting the lack of funding to assist residents of the flood risk area in repairs, addressed Council on the flooding problem in the flood risk area which, in his view, had not decreased but had been made worse because of development in the area, and the measures taken by the City had not been effective; questioned the risk from flood water from Marsh Creek which had been declared an environmental hazard; and asked Council what the City was going to do about the situation. The Mayor, in noting Council's response to Mr. Neill's previous letter to Council on the grant issue, expressed the view that the recent flooding in the area would have been a lot worse had the City not done the work it had, and time would have to prove that; and during discussion she made the observation that Council had yet to have a report from the City Manager on the recent flooding in the area, and asked that the results of the findings from that be reported to Council, including the safety of the holding pond and the clean-up of Marsh Creek; and assured Mr. Neill that Council would continue to work to improve the area as best it could and attempt to keep in touch with him on what was being done. * Added Item On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the City Manager's recommendation on the proposed acquisition of land on Todd Street in the Glen Falls area, which was considered in Committee of the Whole earlier this date under item 27, be added to the agenda of this meeting for consideration at this time. Question being taken, the motion was carried. *27. Acquisition Of Land On Todd Street On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of the fee simple interest in the following parcels of land along an undeveloped portion of Todd Street in the Glen Falls area: NBGIC Numbers 55044440,55044432,55044424,55044416,55044408, 55044390,55044382,00302315,55044531, 55044523, 55044515, 55044507, 55044499,55044481,55044473, 55044465 and 55044457, as generally shown on the submitted plan, from D. Hatfield Ltd. for the amount of $7,500 (plus HST if applicable) and normal property tax adjustments. Question being taken, the motion was carried. 6. Uptown Saint John Inc. Re Year 2000 BudQet Consideration was given to a letter from Uptown Saint John Inc. submitting a copy of its Year 2000 budget which was approved by its Board of Directors and the Uptown Saint John Inc. membership on November 4, 1999 as per By-law 6.3, to be presented to Common Council at this meeting, accompanied by a visual report. 87-746 COMMON COUNCIL NOVEMBER 8, 1999 Colin Whitcomb, President of Uptown Saint John Inc., was present at the meeting in the above regard, accompanied by Directors of Uptown Saint John Inc. AI Soppitt, David O'Brien and Vijay Kawatra; and Margaret Campbell, General Manager, and Gail Stevens, Administrative Assistant; and, having recognized Jim Baird as the City's representative on the Board, presented slides in addressing Council on Uptown Saint John Inc.'s mandate and on projects completed during the past year which were focused on the three major areas of marketing, business development and urban design, and its priorities and budget for the Year 2000. Mr. Whitcomb requested Council to authorize the advertising of its Year 2000 budget proposing revenue and expenditures of $274,500, with no increase in the business improvement levy of 13 cents; and advised that, as Uptown Saint John Inc. received this date a letter from the Department of Municipalities indicating that the tax base for the Year 2000 in the Uptown has actually increased by four and a half percent, the figure of $186,500 for the Business Improvement Area Levy would increase by that percentage which means that expenditures would have to increase accordingly in order to have a balanced budget. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that authority be granted for the necessary advertising with regard to the Year 2000 budget of Uptown Saint John Inc. Question being taken, the motion was carried. 7. Stephen Cronk Re Mark Drive Bv-pass Road Read a letter from Stephen R. Cronk of 199 Mark Drive asking to address Council concerning the Mark Drive by-pass road. Stephen Cronk advised that he was before Council in that, while he could understand and appreciate the reasons why the Mark Drive by-pass road had not yet been constructed, he could not understand why, knowing that the by-pass road was not going in now, nothing has changed concerning the existing conditions on Mark Drive, such as the speed vehicles travel, the missing curbs and the truck traffic, which will only get worse come November 12 with the opening of the Wal-Mart store on Westmorland Road. Mr. Cronk, in acknowledging that a yellow line had been painted on Mark Drive about a month ago and some patching had been done recently, expressed concern that, although traffic lights are going in at the end of Mark Drive connecting with the extension, there is no lane on which to turn right as the street has not been widened. On the issue of truck traffic and speeding vehicles, Mr. Groody advised that it was his understanding that the speed on Mark Drive was the normal fifty kilometres for that type of roadway, and he would have to investigate the issue of truck traffic to verify whether or not a Traffic By-law amendment would be required. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that, with regard to the presentation by Stephen R. Cronk concerning the Mark Drive by-pass road, traffic signs indicating no through truck traffic be placed on Mark Drive, and the City Manager report to Council on the necessity, if any, of amending the Traffic By-law. Mr. Totten advised that there had been communication with the Police Department with respect to the above matter, and Mr. MacKinnon commented further in that the Traffic By-law, as it relates to trucks, provides that trucks can service this area but cannot use it as a shortcut through this area and, as Mark Drive is not on the trucking route, it was an enforcement issue in this particular case and Police would have to stop a number of trucks, some of which would be entitled to be in the area and some of which would be using it as a shortcut, and it would be a matter of checking both that and the speed, the latter which he understands Mr. Cronk would like to be slower than the lowest speed on existing streets to deter trucks from going through. Question being taken, the motion was carried. 87-747 COMMON COUNCIL NOVEMBER 8, 1999 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that a letter be forwarded to the Saint John Board of Police Commissioners requesting enforcement when traffic signs indicating no through truck traffic have been placed on Mark Drive. Question being taken, the motion was carried. 10. Zoning By-law Amendment Re Crowe's Place. 319-321 City Road Consideration was given to a report from the City Manager further to Council's November 1, 1999 referral of the letter from residents and property owners in the vicinity of Crowe's Place at 319-321 City Road, which was the subject of a public hearing for a proposed Zoning By-law amendment on June 28, 1999 at which time first and second readings were given and the matter subsequently tabled on July 12,1999; noting that, as indicated in the submitted copy of correspondence from the Planning Advisory Committee considered by Council at the public hearing, Planning staff and the Committee both supported the proposed amendment; advising that the applicant has been advised by telephone that this matter will be considered by Common Council at this meeting; and recommending that Common Council give third reading to the proposed amendment to the Zoning By-law with respect to 319-321 City Road (Haymarket Square), subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee. (Councillor Titus withdrew from the meeting.) On motion of Councillor White Seconded by Councillor Trites 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 Vincent Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council give third reading to the proposed amendment to the Zoning By-law with respect to 319-321 City Road (Haymarket Square), subject to a resolution pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee: AND FURTHER that the by-law entitled, "By-law Number C.P. 100-517 A Law To Amend The Zoning By-law Of The City Of Saint John", by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ#2" 2. Adding the following as Section 740(2): "(2) Special Zone #2 (SZ#2) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: bank or financial institution; business office; church; community centre; dwelling unit; electric substation or telephone exchange; funeral home; hotel; institutional residence; institution of an educational, governmental or philanthropic nature; public museum, library, park or playground; 87-748 COMMON COUNCIL NOVEMBER 8, 1999 personal service shop; repair service shop; subject to (b)(i), a redemption centre; restaurant; retail store; school; (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: amusement place, including a theatre, a concert hall, a billiard parlour, athletic or health club; club or lounge; subject to (b)(ii), a group care facility; gasoline bar; parking area; cablevision facility; a car sales lot or a mobile home or travel trailer sales lot; a motel; a private club, fraternity or lodge without a licence under the New Brunswick Liquor Control Act; a rooming house; an efficiency apartment; subject to (b)(iii), a repair garage or service station, a car wash and/or truck wash; second-hand store; drive-in or take-out restaurant; a shop of less than 186 square metres for manufacturing of bakery, candy, jam, ice-cream or confectionery goods; dyeing and cleaning works; a laundry; printing establishment or the manufacture or treatment of such products incidental to a retail business conducted on the premises; an office or parking area for a taxi business; (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Conditions of Use (i) a redemption centre shall be wholly contained within a building and not have any outdoor storage associated with the use. (ii) a group care facility shall not be located within a 300-metre radius from any other group care facility. (iii) a repair garage or service station shall have A. a minimum lot area of 930 square metres and a minimum lot width of 30 metres; B. an entrance or exit for motor vehicles not closer than 30 metres from an entrance or exit to a firehall, public or private school, playground, theatre, church, hospital, institutional residence or other similar institution; C. no portion of the building used for a dwelling unit; D. no fuel pump island located closer than 6 metres to a street line. (c) Zone Standards Standards for development in Special Zone #2 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B-2" zone, a "B" zone, or a business zone, as the case may be." 3. Deleting Section 520(2)(b)(ii); and 4. Re-zoning a parcel of land located at 319-321 City Road, being the Haymarket Square Plaza, having an area of approximately 6800 square metres (1.7 acres) (being NBGIC Numbers 24059 and 20289), from "B-2" General Business and "1-1" Light Industrial to "SZ-#2" Special Zone #2 classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the subject property will only ever have one facility with a club or lounge licence at anyone time; (b) the size of the club or lounge shall be limited to a maximum capacity of 201 persons; (c) there shall be no outdoor patio or seating area in conjunction with the operation; (d) the club or lounge shall provide food service from a kitchen facility on or adjacent to the 87-749 COMMON COUNCIL NOVEMBER 8, 1999 premises; (e) the sound of any recorded or live entertainment must not be detectable beyond the boundaries of the subject property; (f) there shall be no outdoor special events permitted on the site on Sundays and the following holidays: Holy Thursday, Good Friday, Thanksgiving Monday and Christmas Day; and (g) an automatic self- closing mechanism must be installed on any rear exit door, and such doors must be kept closed at all times. Mr. Baird advised that, if the applicant undertook the development as he proposed at the time of his application, the Section 39 conditions would become effective but, as the adoption of this By-law and the Section 39 conditions do not require the applicant to undertake to convert the development to a lounge, this was an issue on which the City would have to work closely with the Province to ensure that the applicant does convert this development to a proper lounge and make the Section 39 conditions effective. The by-law entitled, "By-law Number C.P. 100-517 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 11. Municipal Plan Amendment Re 1450 Sandy Point Road Consideration was given to a report from the City Manager referring to Hughes Surveys & Consultants Ltd.'s application for a Municipal Plan amendment with respect to property at 1450 Sandy Point Road, which is on the agenda of this meeting with a letter from the Common Clerk under item 16; noting that, while most applications seeking Municipal Plan amendments or re-zoning are referred to the Planning Advisory Committee for consideration, Council has on occasion made a decision not to proceed with certain requested amendments; and suggesting that, notwithstanding that amendments can be made to the Municipal Plan in its identification of the Millidgeville community for serviced residential development as well as in the determination in the Millidgeville Development Plan that the subject lands should be developed with municipal services, it is important to appreciate that recent servicing studies (i.e. Wastewater and Water Strategies) encourage servicing of the specific area and provides designs to achieve these extensions. The report concludes that, while a full report would be prepared if this matter were referred to the Planning Advisory Committee, given the substantial departure from existing City policies and the investment committed to servicing the area, the final recommendation could not be positive, and Council could resolve not to consider this application any further; and recommends that Common Council resolve to receive and file the application by Hughes Surveys & Consultants Ltd. to permit unserviced residential development on the subject lands at 1450 Sandy Point Road. 16. Municipal Plan Amendment Re 1450 Sandy Point Road Consideration was also given to a letter from the Common Clerk advising of the completion of the necessary advertising and public presentation with regard to the submitted application of Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment which would amend the Millidgeville Secondary Plan and permit the creation of unserviced residential lots on the land at 1450 Sandy Point Road with on-site facilities, and that the submitted written objections were received in this regard, and also that Council, if it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment, schedule a public hearing for Monday, December 20, 1999 at 7:00 o'clock p.m., and request the views of the Planning Advisory Committee. Councillor Vincent advised that he was not satisfied that receiving and filing the application would go to the maximum step that Council should take to establish a clear-cut message that it was not interested in having unserviced lots in the area in question and, in response to his question as to a timeframe if the applicant or another person wanted to submit an application, Mr. Baird advised that another application could come in as there were no time limitations involved and Council's standing policy was to being the process again, and any other applications for such a Municipal Plan amendment would be dealt with as they came forward. Councillor Desmond suggested 87 -750 COMMON COUNCIL NOVEMBER 8, 1999 that the application could be received and filed and the applicant advised that Council was not interested now or in the near future to change the Municipal Plan to permit unserviced lots; and Mr. Nugent suggested that, in order to put more explicit language in place in disposing of this item in light of Councillor Vincent's comments and after seeing item 16, Council might wish to receive and file the letter from the Common Clerk and add not proceed to a public hearing based upon that application which, although implicit in receiving and filing, could be added if Council felt more comfortable in saying it directly in this case. 11. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council resolve to receive and file the application by Hughes Surveys & Consultants Ltd. to permit unserviced residential development on the subject lands at 1450 Sandy Point Road. Question being taken, the motion was carried. 16. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the letter from the Common Clerk regarding the application of Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment with respect to property at 1450 Sandy Point Road, be received and filed and Council not proceed to a public hearing. Question being taken, the motion was carried. 12. HIP Applications #55 & #83 On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve revisions to the following Housing Incentive Program applications: HIP #55 - Barsa Ventures Ltd. for an increase in the estimated grant by $10,000 for a development in Monte Cristo Park; and HIP #83 - B.C.G. Holdings Inc. for an increase in the estimated grant by $10,000 for a development in Monte Cristo Park. Question being taken, the motion was carried. 13. Traffic By-law Amendment Re ParkinQ On Harmonv Drive On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, further to Council's tabling at its last meeting of a proposed Traffic By-law amendment with regard to parking on Harmony Drive, staff has reviewed the details of the parking restrictions with a representative of the residents on Harmony Drive and, through the use of signage, the Traffic By-law would be applied to the east side of Harmony Drive, thus with appropriate signage installed, the Traffic By-law provision could be enforced to restrict parking on the west side of Harmony Drive which would improve traffic flow throughout the year, and limiting parking on the east side of the street to four hours would address the concern with vehicles being left on the street for extended periods; and recommending that first and second readings be given to the proposed Traffic By-law amendment and it be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: 87 -751 COMMON COUNCIL NOVEMBER 8, 1999 AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Harmony 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Desmond 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 parking on Harmony 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 14. Traffic By-law Amendment Leinster/Carmarthen Streets On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, with the traffic pattern on Leinster Street changed and the appropriate signage installed, the Traffic By-law will have to be amended to reflect the changes in the traffic pattern; and recommending that first and second readings be given to the proposed Traffic By-law amendment and it be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to the Leinster and Carmarthen Streets, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to Leinster and Carmarthen Streets, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 15. Christmas LiQhtinQ ProQram Consideration was given to a report from the City Manager submitting correspondence from the General Manager of Saint John Energy advising of a recent 87 -752 COMMON COUNCIL NOVEMBER 8, 1999 decision by the Power Commission of the City of Saint John to revert to the situation where the costs of the Christmas Decorative Lighting Program are shared equally between the Municipality and the Commission, while last year, Saint John Energy absorbed the full cost of the Program. On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize Saint John Energy to proceed with the Christmas Decorative Lighting Program on the basis of a 50/50 sharing with the Municipality. Councillor Trites asked if Councillor Titus, a member of the Commission, could advise the reason for going back to a 50-50 cost-sharing arrangement, to which Councillor Titus agreed with the Mayor's suggestion that this matter could be referred to the City Manager for an answer. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager. Question being taken, the referral motion was carried. 17. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on November 1, 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 an amount of up to $10,000 be approved as the City's contribution to the Bridging The Centuries event to be held in Saint John on December 31, 1999. 2. That as recommended by the City Manager, Common Council amend Section B of Appendix 2 to the Business Park Development Incentive Program, adopted by Council on March 8, 1999, by: (1) deleting paragraph 3(d) and substituting therefor: "Subject to the provisions of paragraph 2(b) hereof, the second installment shall be 7.5 percent of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings within the Business Park for the year following the approval of the grant application"; and (2) deleting paragraph 3(e) and substituting therefor: "Subject to the provisions of paragraph 2(b) hereof, the third and any subsequent installments shall be equal to: i. 7.5 percent of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings in the Business Park within 36 months of the approval of the grant application by Common Council; ii. the sum of the second and any subsequent installations made hereunder.". 3. That as recommended by the City Manager, Common Council authorize the City Solicitor or his designate to commence expropriation proceedings to acquire the fee simple absolute interest in 4,050:t m2 portions of NBGIC Number 313155 and all required construction easements (as generally shown on the submitted plan) from Silver Falls Park Development Company Limited for the purpose of constructing the Mark Drive by-pass road, a public street; and the Mayor and Common Clerk be authorized to execute all necessary documents for the expropriation. 87 -753 COMMON COUNCIL NOVEMBER 8, 1999 November 8, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Financial Contribution To Bridaina The Centuries Event On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that section 1 the above report be adopted. Question being taken, the motion was carried. 17.2. Amendment To Business Park Development Incentive ProQram On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that section 2 the above report be adopted. Question being taken, the motion was carried. 17.3. Expropriation Of Land For Mark Drive Bv-pass Road On motion of Councillor Trites Seconded by Councillor Court RESOLVED that section 3 the above report be adopted. Question being taken, the motion was carried. 18. Lorneville Recreation Association FundinQ For Recreation ProQrams On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Lorneville Recreation Association requesting funding in the amount of $2,500 to assist in its operation of recreation programs, be referred to the budget process. Question being taken, the motion was carried. 19. Fort LaTour Development Authoritv - Request For Grant On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Fort LaTour Development Authority requesting a grant for the Year 2000 so it can enhance the Fort LaTour site as a tourist attraction pending the actual construction of a fort replication excavation and protecting of the actual site, an administration museum building, or Indian encampment and possibly a ship of the early 1600s to be completed by 2004, be referred to the budget process. Question being taken, the motion was carried. 87 -754 COMMON COUNCIL NOVEMBER 8, 1999 20. Symphony New Brunswick Request For Continued Support On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from Symphony New Brunswick noting the City's Corporate message and logo on the submitted season program describing its 1999-2000 season, and thanking Council for its continued support, be received and filed. Question being taken, the motion was carried. Adiournment The meeting adjourned. Common Clerk