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2000-02-21_Minutes 87 -870 COMMON COUNCIL FEBRUARY 21, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of February, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors 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; S. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; 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 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 Monday, February 14, 2000, be approved. (Councillor Trites entered the meeting.) Question being taken, the motion was carried. (Councillor Vincent entered the meeting.) 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 300 Boars Head Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146), from Business Park to Low Density Residential classification; and (b) the proposed re-zoning of the same parcel of land from "l-R" Restricted Industrial to "IL-1" Neighbourhood Institutional classification, to permit the development of a senior citizens' residence, as requested by Curry Brandaw Planners, 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 letters in support of the above application considered at the Committee's February 15, 2000 meeting, at which Frank Flanagan of FGA Consultants Ltd., on behalf of the applicant, described the proposed project, addressed the concerns contained in the letters from surrounding property owners, and indicated the applicant's agreement with the staff recommendation; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Business Park to Low Density Residential, a parcel of land with an area of approximately 3.5 acres, located at 300 Boars Head Road, also identified as being NBGIC Numbers 51854 and 286146; and (2) re-zone the same parcel 87 -871 COMMON COUNCIL FEBRUARY 21, 2000 of land from "l-R" Restricted Industrial to "IL-1" Neighbourhood Institutional, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt; (b) all paved areas must be enclosed with continuous cast-in-place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; (c) adjacent site drainage facilities (including catch basins, where necessary) must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; (d) all utilities, including power, telephone and television cable, must be provided underground by the developer; (e) the developer must install a street curb and sidewalk along the Woodward Avenue frontage and a street curb along the Boars Head Road frontage (dropped at driveway entrances), and all new curb and sidewalk shall be cast-in-place concrete as per current City specifications; (f) the developer must landscape all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, and the landscaping must extend onto the Woodward Avenue and Boars Head Road street rights-of-way to the edge of the street curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating all buildings, parking areas, driveways, loading areas, free-standing signs, exterior lighting, landscaped areas and other site features, and the approved site plan must be attached to the application for building permit for the development; and (h) the developer must complete all site improvements and street work shown on the approved site, drainage and elevation plans within one year of building permit approval. Frank Flanagan of FGA Consultants Ltd. appeared on behalf of the applicant in support of the proposed amendments, and advised his agreement with the Planning Advisory Committee's recommendation to approve the proposed Municipal Plan and Zoning By-law amendments, and with the conditions associated with the re- zoning. 3{a) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, a parcel of land with an area of approximately 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146); from Business Park to Low Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, a parcel of land with an area of approximately 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146); from Business Park to Low Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". 87 -872 COMMON COUNCIL FEBRUARY 21, 2000 3{b) On motion of Councillor Desmond Seconded by Councillor Vincent 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 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146); from "l-R" Restricted Industrial to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Deputy Mayor Chase 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 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146); from "l-R" Restricted Industrial to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 141 Hawthorne Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 141 Hawthorne Avenue (NBGIC Number 00031450), having an area of approximately 2230 square metres (24,004 square feet), from "R-2" One and Two Family Residential to "B-1" Local Business classification, to allow an existing hair salon, operating under the provisions of a home occupation, to expand and occupy the entire first floor of the existing dwelling, as requested by Rosalie Marie Ryan, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter of objection to the above application considered at the Committee's February 15, 2000 meeting at which the applicant expressed support for the staff recommendation, and Gerald O'Brien made a presentation in objection, on behalf of Mrs. MacLeod who resides next door at 133 Hawthorne Avenue, and Mrs. MacLeod also spoke in objection to the proposed re- zoning; advising that, after a lengthy discussion, the Committee resolved to deny the application with the understanding that the applicant could operate a hair salon smaller to the one proposed under the existing residential zoning (home occupation provisions); and recommending that the application be denied. 87 -873 COMMON COUNCIL FEBRUARY 21, 2000 Gerald O'Brien, appearing in opposition to the proposed re-zoning on behalf of his mother-in-law Hughena MacLeod of 133 Hawthorne Avenue whom he advised has no objection to the expansion of the subject property allowed under a home occupation business, compared the current business with that proposed in terms of number of employees and chairs, the hours of operation, the amount of space occupied, the addition of a tanning salon, and parking spaces in view of concerns about increased traffic, the effect on Mrs. MacLeod's quality of life, standard of living and enjoyment of her property, as well as with regard to parking, his view in the latter regard being that there was not enough room for ten parking spaces as originally proposed by the applicant and Hawthorne Avenue was not conducive to on-street parking as it was not wide enough. Mr. O'Brien expressed concern that, with an increase in business and the number of customers, there would be an increase in noise level from a play area in the backyard of the subject property as a number of customers to the business are accompanied by children who play there; noted the location of several businesses referred to in Planning staff's report as being in the subject area; questioned what control the City would have in terms of restrictions if the subject property were spot re-zoned as requested and subsequently sold, and expressed the view that spot re-zoning the subject property to anything but residential would open the area for further re-zoning. Hughena MacLeod of 133 Hawthorne Avenue spoke in opposition to the proposed re-zoning on the basis of her concern about increased traffic on Hawthorne Avenue which was not very wide; and advised that, while she was not against whatever expansion was allowed there, the proposal would be a problem, and also that people she had spoken to about whether or not they were in favour of the proposed re-zoning indicated in the negative because they were afraid of what could happen after. Mrs. MacLeod concluded that she would not like to have her standard of living changed in any way, and she felt that there must be better areas for business than on Hawthorne Avenue. Rose Ryan, owner of 133 Hawthorne Avenue, appeared in support of her application, and advised that she was present at the meeting to ask Council to deny her application for re-zoning, having been told through Planning staff's report to the Planning Advisory Committee at its meeting last Tuesday night that she could have approximately 60 square metres of space and, now having obtained her building permit to utilize a portion of the downstairs area to expand her home occupation business. The Mayor advised that Ms. Ryan, if she wished, could ask Council to withdraw, rather than deny, her application, whereupon Ms. Ryan requested that the application be withdrawn. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of Rosalie Marie Ryan for the re-zoning of property at 141 Hawthorne Avenue be withdrawn as requested by the applicant. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary proclaimed March 2000 as National Kidney Foundation Month in the City of Saint John, and recognized Gerry Mabey, Chairman of the Saint John Chapter of the Kidney Foundation of Canada March Drive Campaign, who addressed Council in this regard. and distributed organ donor cards to the members of Council. Presentation Of HeritaQe Awards The Mayor noted that February 21,2000 was Heritage Day in the City of Saint John and, having noted in the Council Chamber a number of written statements made by children from the Forest Hills Middle School on what they like best about Canada and posters on the Visit Canada Visitez trail project for Rockwood Park which will include history on Canada's Provinces, read an essay written by Adam Gallant of Forest Hills Middle School on what he liked about Canada. 87-874 COMMON COUNCIL FEBRUARY 21, 2000 Joan Pearce, Chair of the Preservation Review Board, noted the presence at the meeting of Board members Deputy Mayor Chase, Philip Huggard, Gaye Kapkin, David Colwell, Robert Ring, Abel LeBlanc and Chris Waldschutz, as well as several heritage activities in which the Board was involved this month. Mr. Bezanson presented slides of heritage preservation projects for which citations were subsequently presented by Ms. Pearce and Mayor McAlary in recognition of excellence in heritage preservation to: (1) Wil and Anita Kelly for rehabilitation, in the residential category, of their home at 50 Orange Street, including masonry, windows, entrance and fencing as laid out in a preservation program prepared by Anderson Architects; (2) Kathy Taylor, accepting on behalf of Paul Grannan, for rehabilitation, in the commercial category, of the storefront at 8-10 Church Street for Churchilll Steakhouse, including signage and entrance work as laid out in a preservation program prepared by Doug Kochel; and (3) Archdeacon Stewart Allen, accepting on behalf of Trinity Anglican Church for rehabilitation of the Gothic Revival Church on Germain Street including masonry, windows and fencing as laid out in a preservation program prepared by Anderson Architects. Mr. Bezanson was also presented a citation in recognition of his outstanding contribution to the City of Saint John for facilitating over a thousand sensitive building rehabilitation projects during a decade of service as Heritage Development Officer and playing a leadership role as Saint John builds on the past to develop for the future, 6. Public AdvertisinQ Of City's Financial Position 7. FundinQ For Social Development ProQrams On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the letters from Deputy Mayor Chase, under items 6 and 7 on the agenda of this meeting, regarding public advertising of the City's financial position, and funding for social development programs, respectively, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 8. Structure/Operation Of Council On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Titus requesting the opportunity to discuss with Council option(s) for changing the current structure/operation of Council and, with Council's support, to refer this matter to the City Manager for a report on options and implementation, be laid on the table for a couple of months. Councillor Titus asked for Council's support in tabling the above letter for a couple of months so that he could flesh it out a bit and maybe take some counsel from some of the more experienced Councillors, including Her Worship, with respect to where this should go as it was certainly a big topic. Question being taken, the motion was carried. 9. Tender For Vacuum Trucks On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the provision of vacuum trucks rental, for a period of two years from the date of award by Common Council, be awarded to the lowest bidder(s) in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 87 -875 COMMON COUNCIL FEBRUARY 21, 2000 10. Traffic By-law Amendment ParkinQ On Cranston Avenue On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the report from the City Manager advising of a request for a review of the issue of restricting parking on the east side of Cranston Avenue, between Sixth and Thornborough Streets, the width of which is 9.5 metres making it too narrow for parking on both sides with two 3-metre lanes for traffic as based on the Transportation Association of Canada's minimum standard; submitting a copy of a notice of a proposed Traffic By-law amendment in this regard of which thirty-six were delivered to residents of the section of Cranston Avenue in question, to which four positive and no negative responses were received; and recommending that the proposed Traffic By-law amendment be given first and second readings and 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 parking on Cranston Avenue, 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 Trites Seconded by Councillor Vincent 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 Cranston Avenue, 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". 11. Tender For Traffic Paint On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of Laurentide Chemicals Ltd. be accepted for the supply of traffic paint, in the amount of $40,040.60, tax and delivery included. Question being taken, the motion was carried. 12. Water And Sewerage By-law Amendment - Schedule liB Read a report from the City Solicitor advising of his review of the proposed amendment to the Water and Sewerage By-law to incorporate a so-called 5th rate block, which was given first and second readings on February 14, 2000 and referred to him; and advising that, having raised with the City Manager the question of whether or not the proposal is consistent with the "base-extra capacity" methodology referenced in the City Manager's correspondence as having been adopted by resolution of December 15, 1980, the City Manager advised that he would confirm to Council that the proposed amendment is indeed consistent with that policy and, with that confirmation, it would be within Council's authority to enact the submitted amendment, if Council wishes. 87 -876 COMMON COUNCIL FEBRUARY 21, 2000 Mr. Totten confirmed that the 5th block to which Council would be giving third reading has been calculated on the base-extra capacity method and that next year the City would be undertaking a rate study to fine-tune those figures and adjust this rate and others. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", to add a 5th block to the rate structure, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Fitzpatrick re-entered the meeting.) The by-law entitled, "A By-law To Amend A By-law Respecting Water and Sewerage", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that item 15 on the agenda of this meeting, being two letters from the Loyalist City Heritage Festival regarding the formation of an interim board, be brought forward for consideration at this time. Question being taken, the motion was carried. 15. Loyalist City Heritage Festival Interim Board Of Directors Consideration was given to two letters from C.M. Barker, Treasurer of Loyalist City Heritage Festival as follows: (1) advising of the formation of an interim Board of Directors for the Festival, effective February 11, 2000 and requesting that the Mayor and Councillors accept notice of the formation of the new Board which will carry on with the tradition and fortitude required to complete, as advertised, the Festival which is scheduled for July 9 through July 15, 2000; and (2) advising of positive feedback from the community in connection with the Loyalist City Heritage Festival, and that the group would be pleased to meet with Council when it has more in place. Further to the letter to Council at its last meeting from Loyalist Days Inc. advising its intention to dissolve its Board of Directors and turn over all residue properties to the Mayor and Common Council, the Mayor informed Council of a telephone call she received earlier this date from James Anderson, Chairman of Loyalist Days Inc., who advised that the Board of Directors of Loyalist Days Inc. met on Friday and made the decision to remain as a Board of Directors and retain the name of Loyalist Days Inc., although it would not have a festival this year, would give up its office and so forth, and would need a place to store its assets until it had a further use for them. The Mayor advised that Loyalist Days Inc. would not stand in the way of another group who might want to form another organization this year to have a heritage festival; and called for a motion on item 15. 13. Re Lovalist Davs Inc. Consideration was also given to a report from the City Solicitor in response to Council's February 14, 2000 referral of correspondence from Loyalist Days Inc. advising of a motion adopted by the Company's Board to turn over residue properties to the Mayor and Common Council to dispose of at their discretion; advising that James Anderson, Chairman of the Company's Board, provided him with a description of the properties in question, which are items of personal property and consist of promotional materials, mementos of the Company's activities and some office furniture and equipment, as indicated in the submitted correspondence from Mr. Anderson; and setting out a resolution to accept the property in question, if Council wishes to accept this offer from the Company. The report references the indication in 87 -877 COMMON COUNCIL FEBRUARY 21, 2000 Loyalist Days lnc.'s correspondence of a motion adopted to dissolve its Board of Directors in that, having inquired of Mr. Anderson as to the Board's intentions for the Company, it may be that the Board wishes to windup the Company and the City Solicitor has agreed to inform Mr. Anderson of the procedure to achieve that result. Mr. Nugent, in response to questions in the above regard, noted that Loyalist Days Inc. in the City of Saint John was quite independent and could do what it chose to do within the legal capacity it enjoys, thus it has the legal capacity, in his view, to convey by way of gift or otherwise its assets and the City of Saint John, similarly, has the right to accept the gift if it chooses; and, as between the group identified in item 15 and Loyalist Days Inc. vis-a-vis how each or either of them intends to honour the Loyalist background of the City, that is again something each of them is able to decide on its own and Council can choose to offer support to the extent that it wishes. 13. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that Common Council decline the gift from Loyalist Days Inc. of various items of personal property for which the Company no longer has use, and offer it a place to store its assets. The initial motion to offer Loyalist Days Inc. a place to store its assets was changed to that above upon Mr. Nugent's observation that, if Council accepted the gift, it would become the City's to do with whatever it chose and not a matter of storing the gift until the group wanted it back. Question being taken, the motion was carried. 15. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letters from C.M. Barker, Treasurer of Loyalist City Heritage Festival, be received and filed. Question being taken, the motion was carried. 14. 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, February 14, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That the Commissioner of Finance be authorized to advance a further $80,000 to the Saint John Development Corporation. 2. That the Commissioner of Finance be authorized to advance a further $20,000 to the Human Development Council. 3. That as recommended by the City Manager, subject to approval by the City Solicitor as to legality and form, Common Council authorize the Mayor and Clerk to execute the submitted proposed Terms of Reference for the Job Evaluation Program dated January 18, 2000, between the City of Saint John and CUPE Local 486. 87 -878 COMMON COUNCIL FEBRUARY 21, 2000 February 21, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1 FundinQ For Saint John Development Corporation On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. Councillor Chase advised that he would not support the motion as, based on his understanding that the funding in question would support a coordinator for the waterfront development program, it was his opinion that that person could be seconded from the present complement of City staff, and Councillor Titus expressed support for Councillor Chase's position in this regard. Question being taken, the motion was carried with Councillors Chase and Titus voting "nay". 14.2 FundinQ For Human Development Council On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Mr. Totten advised that he and Mr. Beckett met with the Executive of the Human Development Council last week at which time they indicated that this would be a one-year contribution and that Council was interested in pursuing a diminishing investment in the Human Development Council and, after some discussion, the Executive asked him to discuss with City staff, two or three Council members, and the Human Development Council, on what might be possible in the long-term, his response being that at an appropriate time he would ask Council as a whole or individual Councillors to do so. Question being taken, the motion was carried. 14.3 Terms Of Reference - Local 486 Job Evaluation On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. The Mayor asked for a motion to add to the agenda of this meeting, as item 14A, a recommendation from Committee of the Whole on this date to reappoint, for a three-year term, Dr. George Bate and Councillor Christopher Titus, to the Power Commission of the City of Saint John. (Councillor Titus withdrew from the meeting.) *14A. Added Item - Power Commission Re-appointments On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above-mentioned item be added to the agenda of this meeting as item 14A: AND FURTHER that Dr. George Bate and Councillor Christopher Titus be re-appointed to the Power Commission of the City of Saint John for terms of three years. 87 -879 COMMON COUNCIL FEBRUARY 21, 2000 Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 16. New Brunswick Federation Of Labour Saint John And District Labour Council Provincial Memorial Forest Memorial On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from the New Brunswick Federation of Labour and the Saint John and District Labour Council advising that, as part of their ongoing efforts to enhance and promote the April 28 National Day of Mourning for workers killed or injured on the job, the 1999 New Brunswick Federation of Labour convention adopted a resolution calling for the establishment of a Provincial Memorial Forest where families and unions could plant native trees in memory of members killed at work; and requesting the support of the Mayor and Common Council in dedicating approximately ten acres of land in Rockwood Park for the Provincial Memorial Forest site, and form an ad hoc committee comprised of representatives of the City of Saint John, the Federation and the Labour Council to pursue this request in more detail, be received and Council give support in principle and refer the matter to the City Manager to commence discussion with the appropriate staff as to its feasibility. Question being taken, the motion was carried. 17. Leroy D. Hatfield - Re-Zoning Of Property At 1045 Rothesav Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Leroy D. Hatfield for the re-zoning of property located at 1045 Rothesay Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 3, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Eric L. Teed - Sunday Opening For Business And City Market Bv-Iaw On motion of Councillor White Seconded by Councillor Vincent RESOLVED that the letter from Eric L. Teed referring to the matter of Sunday opening for business in that, while the present Provincial laws provide that a landlord cannot require a tenant to open on a Sunday, the present City Market By-law provides that tenants will be required to remain open for business at all times the Market is open to the public; and advising his reasons why it would seem proper for the City to amend the provisions of the present City Market By- law, irrespective of what decision Council may make as to opening, be referred to the City Solicitor. Question being taken, the motion was carried. Adjournment The Mayor noted the next regular meeting of Common Council scheduled for March 6, 2000, and the meeting adjourned. Common Clerk