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1999-11-22_Minutes 87 -764 COMMON COUNCIL NOVEMBER 22, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second 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; 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. Bentley Steers of All Saints Anglican Church, Loch Lomond, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on November 15, 1999, be approved. Question being taken, the motion was carried. 3. 1999 Santa Claus Parade Awards Anne Merzetti, Chair of the Annual Santa Claus Parade Committee, expressed appreciation to those involved in the 47th Annual Santa Claus Parade held on November 13, 1999, particularly the Saint John Police Department and its auxiliary members, the Saint John Fire Department, the Saint John Fire Police, the Radio Club and City Transit, as well as the panel of judges, including Bill Thompson, Roly Macintyre, Shane Cassidy, Kelli Goodick, Melanie Delaney, Rachelle Losier, and Norman Jackson, and advised that the Year 2000 Parade is scheduled for Saturday, November 18, commencing at 6:00 o'clock p.m. Ms. Merzetti announced the 1999 Santa Clause Parade entry winners to whom the Mayor presented awards in the various categories as follows:- Honourable Mention - Canada Post Letter Carriers, Luxor Temple Mini Cars, Shoppers Drug Mart, School of Hair Technology, TO Bank, 1 st Martinon Ketepec Guide Unit (not present), Simonds High School, and Saint John & Area High School & Middle School Cheerleaders; Best Twirlers - Fundy Twirlers & Starlettes; Best CheerleadinQ Squad - River Valley Middle School; Best MarchinQ Band - #763 Buctouche Air Cadets; Best HiQh School - Harbour View High; Best Industrial - Bayview International Trucks; Best Out Of Town - The Posse Trail Riders; Best Individual - Mayor Shirley McAlary; Best Commercial - Wilburs Garden Centre; Best Association - Carleton- Kirk Lodge; Best Use Of LiQhts - Y-Not Weddings; Chairman's Choice - Local 771 & the Fire Fighters of #1 Fire Station; and Best Entrv - Loyalist City Towing. The Mayor acknowledged the efforts of Committee members Anne Merzetti, Leanne Charlton, Margaret Nadeau, Harold Mayes, Norman Jackson, Tom White, and Doug Surrette (not present) with a gift as a token of appreciation for their efforts in organizing the Annual Santa Claus Parade. 87 -765 COMMON COUNCIL NOVEMBER 22, 1999 4. Latimore Lake & Area Residents Association - Community Issues Read a letter from Odette McGrath, spokesperson for the Latimore Lake & Area Residents Association, requesting permission to appear at this meeting to discuss issues concerning the community. Odette McGrath addressed Council, on behalf of the Latimore Lake & Area Residents Association, on the basis that the residents considered the process dealing with re-zoning and temporary permits to be unfair and that, because of decisions made by the Planning Advisory Committee dealing with a temporary permit, the Latimore Lake residents have lost their quality of life. Mrs. McGrath advised that the residents did not understand how, while Council appointed the members of the Planning Advisory Committee, the Committee was not accountable to anyone for its decisions, and expressed the view that the Committee should not be making decisions on issues such as temporary permits for excavation as these affect the residents' lives. Mrs. McGrath apprised Council of the outcome of the Association's appeal, to the Provincial Planning Appeals Board, of the Committee's decision on a temporary permit, and the residents' concern that, if the Committee continues to grant temporary permits until the company concerned is in a position to reapply for re-zoning of the subject property in June 2000, the property would then be considered a gravel pit. Mrs. McGrath compared the amount paid in property taxes by home owners and gravel pit owners; expressed the view that the situation on Latimore Lake Road, with its four and possibly five existing gravel pits, was more than any community should have to deal with, and that the owners of these pits should be forced to rehabilitate their existing pits before being given a temporary permit or re-zoning for another gravel pit; and added that it was hoped that the pits and quarries strategy, when it came into effect, would include some balance on how the rules and regulations help residents. Mrs. McGrath suggested that the City should monitor the situation of speeding trucks on Latimore Lake Road; and concluded that the Association was hoping to receive answers to previous questions, as well as to questions put forth in a letter to Council (copies of which were distributed to the Council members only). The Mayor, referring to item 10 on the agenda of this meeting being the City Manager's report on concerns of Latimore Lake residents about issues with respect to 475 Latimore Lake Road, suggested that Mrs. McGrath could be given a copy of that report, or a full report could be prepared on all her questions and sent to her. The Mayor apprised Mrs. McGrath of the responses in item 10 to the issue of a stop work order and the thirty-day issue, and Mrs. McGrath and the City Manager indicated their agreement with the suggestion that, with Council's consensus, appropriate staff could meet with Mrs. McGrath and three or four of the residents to review each of the questions and, if that were not a satisfactory conclusion, the residents could notify Council so that the necessary steps could be taken to ensure all the questions were answered. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the City Manager's report on concerns of Latimore Lake residents about issues with respect to 475 Latimore Lake Road, under agenda item 10, be brought forward for consideration at this time. Question being taken, the motion was carried. 10. 475 Latimore Lake Road Consideration was given to a report from the City Manager further to the presentation from a group of residents of the Latimore Lake Road area to the November 15, 1999 Committee of the Whole, which focused on issues arising in the context of the Planning Advisory Committee's decision to authorize, for a temporary period, excavation at 475 Latimore Lake Road and raised issues in relation to decisions and actions of City staff, both before the granting of the temporary use, and subsequent to the Building Inspector authorizing a permit for the excavation of the land; commenting on the two key issues of (1) why a stop work order was not issued to Fundy Bay Holdings prior to the Planning Advisory Committee hearing and (2) the 30-day excavation period, as well as on a number of other issues raised by the Latimore Lake residents, and recommending receiving and filing this report. 87 -766 COMMON COUNCIL NOVEMBER 22, 1999 During discussion reference was made to ongoing discussions on a proposed pits and quarries strategy and to meetings involving residents and gravel pit owners on a separate basis. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that in view of the concurrence between the residents and staff, a meeting process be set up of no more than five persons for either side regarding the issues that are before Council at this time, as well as the previous issues which have been reported to Council both by staff and residents, so that there is a full understanding of what happened, and that staff report back to Council on the matter, with the understanding that, if the residents feel aggrieved, they can come to Council as well. (Councillor Fitzpatrick re-entered the meeting.) Mr. Totten noted that the above report from the City Manager deals with the issue of stop work order and the issue as it surrounds the matter of thirty days, and includes an earlier report addressing, among other questions, what was done with respect to enforcing the Zoning By-law; and advised that he was in no way suggesting that this was an answer to all of Mrs. McGrath's questions and that he would follow up with the Planning Advisory Committee on questions concerning it and have a representative of the Legal Department present at the meetings concerned. Question being taken, the motion was carried. 10. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary proclaimed November 1999 as Family Violence Prevention Month, December 1999 as Lung Awareness Month, and December 1,1999 as World AIDS Day in the City of Saint John. 6. Truck Traffic - Latimore Lake Road & Grandview Avenue On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the letter from Councillor Chase asking for Council's support in referring the matter of truck traffic on Latimore Lake Road and Grandview Avenue to the Police Commission for appropriate action, be referred to the Saint John Board of Police Commissioners. Councillor Court proposed that the matter of work needed on Latimore Lake Road in terms of widening it and improving the sidewalk conditions be referred to the City Manager to look into and, upon Councillor Vincent's indication that he would second such a motion, the Mayor noted the motion on the floor. Question being taken, the motion was carried. 87 -767 COMMON COUNCIL NOVEMBER 22, 1999 On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that the matter of the Latimore Lake Road widening and sidewalk work be referred to the Capital Budget for consideration. Question being taken, the motion was carried. 7. Demonstration Of CompostinQ Carts Read a letter from Councillor Chase noting that Council, as part of the budget submitted by the Fundy Region Solid Waste Commission, has been asked to approve the borrowing of $3,200,000 for the purchase and distribution of composting carts; and advising that, in an effort to provide Council with as much information as possible to aid in decision-making, he would like to make a brief demonstration of these carts at this meeting. Councillor Chase, the City's representative on the Fundy Region Solid Waste Commission, noted the presence at the meeting of Don Shaw of the Commission, and Bill Oram of 14 Swanton Drive, who was a participant in the Commission's pilot project on composting in the Champlain Heights area. Mr. Oram demonstrated a 60- gallon composting cart, advising that it was easy to wheel, even when quite full of composting material and on the snow; and note was made of a 35-gallon cart, and Mr. Shaw noted the bucket for use inside the house. Councillor Chase made the observation that, in the six months of the composting pilot project in Champlain Heights, 72,000 kilograms of organic material was diverted from the landfill. 8. Scoreboard For Memorial Field On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the letter from Councillor Desmond advising that the Memorial Park Committee, chaired by him, would like Council to consider matching the Irving contribution of $50,000 for a new scoreboard at Memorial Field to be used for the upgrading of this field; and requesting that this be considered for the Capital Budget of the Year 2000, be referred to the budget process. Question being taken, the motion was carried. 9. Fundy Region Solid Waste Commission - 2000 BudQet Consideration was given to a report from the City Manager commenting on the Fundy Region Solid Waste Commission's 2000 proposed operating and capital budgets, further to the Commission's presentation to Council on November 15, 1999; and recommending that Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the 2000 budget submission of the Fundy Region Solid Waste Commission, along with associated borrowing resolutions. Councillor Chase proposed a motion, which was not seconded, to adopt the City Manager's recommendation. Councillor Vincent asked if there was some way to circumvent the necessity of having a motion to see if there was some general dialogue that Council could have to come to a resolve to the issue, and Deputy Mayor Chase suggested that this could be referred to Committee of the Whole. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Common Council encourage its representative, Councilllor Stephen Chase, to accept the Fundy Region Solid Waste Commission's 2000 Operating Budget and a $300,000 capital expense for 87 -768 COMMON COUNCIL NOVEMBER 22, 1999 the grinder for industrial waste, and request further meetings with the Commission and Council to further discuss the composting plan, and that Council delay decision on the $6.2 million capital budget pending further meetings with the Commission. The motion initially proposed by Councillor Trites, which was seconded by Councillor Desmond, was that Council accept the operating budget of the Commission, the $300,000 capital expense for the grinder for industrial waste, and request further meetings with the Commission and Council to further discuss the composting plan, and that Council delay decision on the $6.2 million pending further meetings with the Commission. Councillor Trites advised that he needed more comfort in the figures presented and perhaps more dialogue on how the budget would affect the City and its residents, the City being one of the partners in the Commission, and that he had trouble envisaging how successful the composting program would be in some of the older sections of the City with people on first, second and third floors of buildings and in areas where the geography and demographics differed from that in Champlain Heights where the composting program was successful; and suggested that there was a need for further background on where such programs are taking place and how problems like that are being rectified, as well as for more dialogue between the Commission and the City's operational staff, for example, in terms of collection in various areas and as there would be no hold-over of collection on statutory holidays thus requiring the payment of overtime to City workers. The Mayor expressed the view that the Commission was proceeding too fast, not having determined how successful the recycling depots have been nor the additional cost to the City with waste diversion and the resultant tipping fee increase, and not having undertaken an education process in this regard; and also that the effect on the private contractor, who could not compost and would have very little opportunity to recycle, had not been considered. Councillor Trites raised a point of order on the basis that, with regard to the Mayor's comments, the intent of his motion was not to put off approval of the Commission's Capital Budget for a long period of time or for a year but rather to have discussion with the Commission to see if there was a way to work it out. Council members spoke, in turn, in the above regard; and, as to the effect on the City's budget of the proposed motion, Mr. Totten advised that, as referenced last week, the City's overall cost for waste disposal at Crane Mountain would be relatively constant next year and could be down $50,000 or $60,000. In terms of the initial motion proposed, Mr. Nugent made the observation that Council's role was not to approve or disapprove the Commission's budget but rather, as indicated in the City Manager's recommendation, to encourage Council's representative to adopt the view of the majority of the Council, but in the end the Commission would vote on the budget and the City's representative would also be voting and, if it turned out, for example, that Council chose not to deal with an annual budget, whether it be an operating or capital budget, provided the Commission met its requirements to give the municipality the advance notice and once that notice period had expired, then the Commission would be within its jurisdiction to decide what its budget would be. Mr. Nugent, in confirming that Council's representative could vote the way he wished on the Commission's budget, expressed the view that Council could ask its representative how he intended to vote and Council, if not satisfied with that, has the jurisdiction to replace that representative with someone who will vote accordingly; and made the observation that the legislation was structured in a way that, in effect, the City of Saint John's representative, if he attends the meeting at which the budget is presented, has the controlling vote and his vote, in turn, is indirectly in control of the Council. As to whether or not the motion was in order in terms of Council approving only the operating budget and the $300,000, Mr. Nugent indicated in the affirmative, and expressed the belief that the provisions of the statute and regulations that apply would allow that to happen, but the way it would operate would be that if Council adopted a resolution to encourage its representative to vote in accordance with Council's wishes, then the Commission would approach the approval of its budgets in whatever fashion it chooses, such as putting forth both the operating and capital budgets as a single motion, and Council would always be depending on its representa- tive to vote in a fashion consistent with Council's wishes and, no matter what might happen at the Commission in terms of how it presents both its budgets, Council would want its representative to vote against any motion that would be inconsistent with the expressed views of Council. As to whether or not Council could get into any difficulty in terms of fitting into any waste diversion regulations, Mr. Nugent advised that he was unfamiliar with what legislative provisions there are, but could examine this if Council so wished. Councillor Chase, in noting that the City pays about $1.1 million of the 87 -769 COMMON COUNCIL NOVEMBER 22, 1999 Commission's almost $5 million operating budget or about 25%, advised that the citizens of Saint John send about 25 per cent of the tonnage to the landfill, made the observation that the cost was reflective of what Saint John citizens send to the landfill; and asked the approximate cost of overtime to ensure weekly garbage pickup, including holidays, to which Mr. Groody replied that it would cost the City in the order of $3,000 to $3,500 per day to collect garbage on statutory holidays, thus, for eight statutory holidays, the cost would be somewhere between $24,000 and $27,000 in overtime costs. Councillor Chase asked if this would be a practice that the City would pursue anyway, regardless of the Commission's submission, to which Mr. Groody replied that staff has been looking at the problem caused for East Saint John residents over the last year or so and he would think that, in this budget year, the City should make a decision separate and apart from whether composting occurs as to whether the City should proceed to collect garbage on statutory holidays; thus, this probably should be considered separate and apart from the composting project. On the issue of whether Councillor Chase would support the Commission's budget when he votes on it, Councillor Chase spoke on the principle of his deep commitment to waste diversion, as well the principle of respecting the collective decision of Common Council; and advised that, effectively, he would not vote for the composting plant, although he did not share Council's sentiments. As to whether Councillor Chase's comment meant that he would be voting against the $6.2 million capital allocation requested in the Commission's budget and would not consider abstention which, in effect, would leave the City in the same position as a positive vote for the Commission's request, Councillor Chase replied in the affirmative in that, if it is Council's direction for him to vote against that, he would do so, and not abstain. (Councillor Desmond withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillor Chase voting "nay". 11. Chief Of Police - SiQn CampaiQn On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Chief of Police asking that approval be granted for Moosehead Breweries Limited to install thirty-five vinyl "Don't Drink and Drive" signs on telephone/light poles, specifically focusing on the downtown core area and the West Side around the Brewery, during the 1999 festive season, and that appropriate staff be authorized to assist to make this project a reality; and submitting relevant correspondence from the Director of Public Relations for Moosehead Breweries Limited, be received and filed and approval be granted, with appreciation to Moosehead Breweries Limited for this campaign. Question being taken, the motion was carried. * Added Item On motion of Councillor Trites Seconded by Councillor White RESOLVED that item 27 on the Committee of the Whole agenda of this date, being a report from the City Manager with regard to Memorial Field, be added to the agenda of this meeting for consideration as item 11A Question being taken, the motion was carried. (Councillors Chase and Vincent withdrew from the meeting.) *11A. Memorial Field Consideration was given to a report from the City Manager advising that Irving Oil Ltd., in supplying and installing a new electronic scoreboard at Memorial Field in memory of David Ring, undertook this installation with the understanding that the City would make additional improvements to the complex, and one of the items identified that would improve the field and make it easier to attract tournaments (and the associated economic opportunities) was the installation of an irrigation system; also advising that 87 -770 COMMON COUNCIL NOVEMBER 22, 1999 there was no response to a public proposal call to identify parties interested in supplying and installing an irrigation system and, subsequent to the proposal call, Maritime Farm Supply of Moncton contacted staff to suggest that, although it was unable to respond to the proposal call, the City contact Scholten's Landscaping and Design Ltd., its local installer and that, having done that, staff reviewed the quote and considers it fair based on the scope of the work. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council approve the expenditure of $15,483, plus HST, from the Community Services 1999 Capital Budget for the purpose of engaging Scholten's Landscape and Design Ltd., to supply and install an irrigation system at the baseball field at Memorial Field. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 12. Municipal Plan Amendment And Re-ZoninQ 151-155 Sandy Point Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with regard to the submitted application of Fender Mender Auto Body Ltd. for a Municipal Plan amendment and re-zoning of property located at 151-155 Sandy Point Road, have been completed, and the submitted letter was received from Eric Cannon. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the application of Fender Mender Auto Body Ltd. for a Municipal Plan amendment and re-zoning of property located at 151-155 Sandy Point Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 10, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. The Mayor suggested that Council proceed with item 16 at this time in that, as it would be necessary for Councillors Fitzpatrick and Titus to absent themselves from the meeting during consideration of agenda items 13, 14 and 15, in their absence there would not be a quorum. 16. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports: Your Committee reports that it sat on Monday, November 15, 1999, when there present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council sublease a 4,158 :t square foot portion of the 14th floor of 15 Market Square (hereinafter referred to as the Premises), as generally shown on the submitted plan, to Red Rose Tea Financial Inc. (hereinafter referred to as the Sublessee), on the following terms and conditions: (1) the fixed term of the sublease shall commence on December 1,1999 and terminate on 87 -771 COMMON COUNCIL NOVEMBER 22, 1999 August 30, 2000 after which the sublease shall be month to month; notice of occupancy beyond August 30, 2000 must be provided to the Sublessor in writing on or before June 30, 2000 and, on or after June 30, 2000, either party to this agreement can terminate the sublease with 60 days written notice provided to the other party; (2) the monthly rent shall be based upon the rate of $12 per square foot gross per annum (for the Premises) plus a proportionate percentage of the common corridor and facilities, at the same annual rate and shall be $4,800, plus HST (being one dollar per sq. ft. per month for 4,158 sq. ft. of premises plus one dollar per sq. ft. per month for 642 sq. ft. of common corridor); additional fees, payments or costs in addition to the above-noted rent are set out in paragraphs 5, 6 and 9; (3) the Sublessor (being the City of Saint John) shall provide heat, lights, air conditioning and other general electrical needs; the cleaning of the common corridors; the stocking of the common washrooms; maintenance of lights and the resetting of breakers; insurance, except where noted herein; proportionate share of property taxes; general building maintenance and operations to today's standards, as provided to the Sublessor by the Owners; (4) the rent is due payable on the 1 st of each month, in advance; the cheque is to be made payable to the City of Saint John; (5) with the approval of the Owners and Sublessor, the Sublessee can undertake improvements to the Premises; (6) the Sublessee shall be responsible for: any additional electrical or air conditioning needs required for its computers; cleaning the Premises and costs therefor; and for parking; (7) the intended use of the Premises is for an office; a change in use must be approved by the Sublessor; (8) the sublease cannot be assigned in whole or in part except with the prior written consent of both the Sublessor and the Owners and shall be in accordance with the terms of the Head Lease and this sublease, such approval will not be unreasonably withheld; (9) the Sublessee shall obtain and provide to the Sublessor proof of issuance of a liability insurance policy in an amount not less than two ($2) million dollars; the Sublessor and the building's Owners be co-named in this policy; and this policy be maintained during the term of this agreement; (10) notwithstanding paragraph (1) herein, failure to pay rent, or to maintain liability insurance, or to observe the Sublessor's obligation to the Owners as noted herein, or failure to abide by all applicable Municipal, Provincial or Federal codes, laws, regulations or by-laws shall constitute grounds to terminate this agreement; (11) a non-refundable deposit of $9,600 plus HST to be paid as follows: $4,158 plus HST payable to Re/Max Professionals Saint John Inc. and $5,442 plus HST payable to the City of Saint John, must be provided by the Sublessee prior to occupancy and shall be considered by the Sublessor as December and January's rent; the payment to Re/Max Professionals Saint John Inc. shall be considered a commission; failure to provide the deposit shall constitute grounds to immediately terminate this agreement; no other amount than provided for herein shall be paid as commission by the Sublessor; (12) this agreement shall be subject to the Head Lease between the building Owners and the City of Saint John, dated April 15, 1969 and as filed in the Saint John County Registry Office as document number 219874; (13) upon vacancy of the Premises by the Police Department, the existing blinds shall remain; the premises shall be cleaned; and new entrance locks will be installed on all office and exterior doors (where applicable); and (14) upon termination of the sublease, the Sublessee covenants to peacefully vacate the Premises; any involvement made during the term of the sublease shall become the Sublessor's; and further that the Mayor and Common Clerk be authorized to execute the sublease. 2. That as recommended by the City Manager, Common Council authorize the (a) the acquisition of an approximately 2,500-square metre easement (Part B) for a storm drainage ditch, from the Exhibition Association of the City and County of Saint John, in exchange for a credit for the excavated material, the amount of excavated material approximately 500 cubic metres to be verified by the Chief City Engineer, shall be applied towards present or future requirements of the Exhibition Association to provide compensation under the provisions of the Glen Falls Flood Risk Area By-law; and (b) the Mayor and Common Clerk to execute all documents necessary to give effect to this resolution. November 22, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87 -772 COMMON COUNCIL NOVEMBER 22, 1999 16.1. Sublease Of Portion Of 14th Floor Of City Hall. 15 Market Square On motion of Councillor White Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. (Councillors Chase and Trites re-entered the meeting.) 16.2. Acquisition Of Easement Re Braemar Drive On motion of Councillor White Seconded by Councillor Titus RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Councillor Titus re-iterated his disagreement with having to leave the meeting for a vote on any matter. (Councillors Fitzpatrick and Titus withdrew from the meeting as they were not present for the November 15, 1999 public hearings of the proposed Municipal Plan amendment and re-zoning of property at 439 Prince Street West, and the re-zoning of property at 141 Millidge Avenue and 1030 Dever Road.) 13. (a) Municipal Plan Amendment (b) Re-ZoninQ 439 Prince Street West 13{a) On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, an area of approximately 1.8 hectares (4.7 acres) located at 439 Prince Street West (NBGIC Numbers 00394924, 55143606, 55143614 and 55143622), from Major Institutional to Low Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. Question being taken, the motion was carried. 13{b) On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-518 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns by re-zoning a parcel of land with an area of approximately 1.8 hectares (4.7 acres) located at 439 Prince Street West (NBGIC Numbers 00394924, 55143606,55143614 and 55143622), from "IL-2" Major Institutional to "TH" Townhouse classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-518 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. 87 -773 COMMON COUNCIL NOVEMBER 22, 1999 Question being taken, the motion was carried. 14. Zoning By-law Amendment To Re-Zone 481 MillidQe Avenue On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-519 A 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 481 Millidge Avenue (NBGIC Number 55115034), having an area of approximately 1.9 acres, from "R-1 B" One Family Residential to "US" Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-519 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 Vincent re-entered the meeting.) 15. Zoning By-law Amendment To Re-Zone 1030 Dever Road On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-520 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns by re-zoning a parcel of land located at 1030 Dever Road (a portion of NBGIC Number 398693), having an area of approximately 2.5 acres, from "1- 1" Light Industrial to "R-1A" One Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-520 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. 17. Karol Siroky - Offer Of Land For Shantou. China Monument On motion of Councillor White Seconded by Councillor Court RESOLVED that the letter from Karol Siroky offering, as a location for the City's memorial stone and placard for Shantou, China, plots at the Fernhill Cemetery, be received and filed. Question being taken, the motion was carried. 18. Saint John Chapter, Canadian Citizenship Federation - Millennium Project For City On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from the Saint John Chapter, Canadian Citizenship Federation, asking Council to approve in principle the establishment of a grove of memorial trees to commemorate the services of past Mayors of the City of Saint John, such to be developed on King Square West, as a Millennium project for the City of Saint John; and also to nominate a liaison Councillor or member of City staff who can work with it on the development of this project; and advising that, following approval in principle, the Federation will cause a program to be developed for obtaining necessary sponsors for this project, be referred to the City Manager. 87-774 COMMON COUNCIL NOVEMBER 22, 1999 Question being taken, the motion was carried. (Councillors Fitzpatrick and Titus re-entered the meeting.) 19. Visit Canada Visitez - Funding For Trail In Rockwood Park Consideration was given to a letter from Visit Canada Visitez referring to its presentation to Council on August 23, 1999 in which Land for Public Purposes funding was requested to assist in the development of a Canadian interpretative walking trail in Rockwood Park, Council on September 13, 1999 having approved the provision of funding of $20,000 in each of the next two years, providing that the project received the millennium funding requested; and requesting, as the Millennium Board of Canada approved its application for funding of $314,982, the release of the Land for Public Purposes funding. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Visit Canada Visitez requesting the release of funding to assist in the development of a Canadian interpretative walking trail in Rockwood Park be referred to the City Manager with the request that the City Manager submit to Council the budget for the group in question. On the issue of Land for Public Purposes funding, Mr. Totten noted that the Council resolution approved funding that was not specified. Question being taken, the motion was carried. 20. William M. Brienza - Appeal Of Decision Re Trash Pickup. 36 Richmond Street On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from William M. Brienza appealing the decision in the submitted letter to him from P.J. Barsalou, Superintendent, Works Department, dated January 30, 1998, declaring that his property at 36 Richmond Street is not a residential property and, as such, does not qualify for collection services by the City of Saint John's Sanitation Division, be referred to the City Manager and the City Solicitor. Question being taken, the motion was carried. 21. Human Development Council Re Year 2000 BudQet Request On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Human Development Council advising that its budget request of $47,000 for the Year 2000, submitted to the Finance Commissioner in October 1999, includes an in-kind donation of $8,000 for rent for its location in the City Market, meaning that it receives an actual cash grant from the City of $39,000; and submitting a pamphlet highlighting its activities for next year, be referred to the budget process. Question being taken, the motion was carried. Adjournment The Mayor suggested that consideration of the items on the Committee of the Whole agenda, which were not dealt with earlier this date, could be delayed until next week. The meeting adjourned. Common Clerk