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2000-06-19_Minutes 88-52 COMMON COUNCIL JUNE 19, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of June, A.D., 2000, at 7:15 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, 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; D. Logan, Purchasing Agent; P. Hanlon; Manager of Water and Sewerage Services; S. Galbraith, Director of Works; S. Lodhi, Manager of Real Estate and Facility Management; R. Simonds, Deputy Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Secretary. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Walter Perry of the First Wesleyan Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on June 12,2000, be approved. Question being taken, the motion was carried. * Added Items On motion of Councillor Desmond Seconded by Councillor White RESOLVED that a Press Release from the Canadian Committee on Shipbuilding and Policy (copies of which were distributed to Council members at this meeting), and Committee of the Whole recommendations regarding the proposed Zoning By-law amendment re pits and quarries, be added to the agenda of this meeting for consideration as items 6A and 21A, respectively. Councillor Chase inquired if item 9A - re operation of City arenas which was tabled at the June 12, 2000 meeting of Council would be added to the agenda of this meeting. It was agreed this item would be placed on the agenda for the July 4, 2000 meeting. Question being taken, the motion was carried. 3. Stephen R. Cronk - Mark Drive Stephen Cronk of 199 Mark Drive addressed Council, further to his previously submitted letter requesting to make a presentation regarding the existing Mark Drive and the proposed extension of Mark Drive. Mr. Cronk expressed concern that construction has not been started on the by-pass road nor has any decision been made on a buffer zone; and stated the residents in the area do not feel they are being dealt with fairly by Councilor City staff; referred to traffic related problems and 88-53 COMMON COUNCIL JUNE 19, 2000 dangerous conditions due to the number of trucks travelling on Mark Drive; and noted there are no plans to repair the portion of Mark Drive which is fronted by residential properties. Mayor McAlary advised that negotiations with the land owners involved with the construction of the by-pass road has been a long process, but noted that once the negotiations are finalized the next stage will be to call for proposals for building the road; and stated that Council understands the frustrations of the residents and assured Mr. Cronk the by-pass road will be built. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the option of offering residents in the Mark Drive area affected by the proposed by-pass road, a form of tax relief until the road is constructed, be referred to the City Manager for a report to Council Question being taken, the motion was lost with Mayor McAlary, Councillors Ball, Court, Desmond, Fitzpatrick and White voting "nay". 4. George F. Teed - Flags At Rockwood Park & Fisher Lakes And Sidewalk Grass Plots In Mount Pleasant Area George Teed of 30 Mount Pleasant Court, referring to his previously submitted brief, outlined his concern about the removal of the Union Jack from the flagstaff at the Centennial Year Memorial at the entrance to Rockwood Park, overlooking Lily Lake, and replaced by a banner with the words "Rockwood Park", as well as the removal of the Canada Flag from the flagstaff at the Fisher Lakes; and also his concern about the matter of sidewalk grass plots in the Mount Pleasant area which, as they are not being kept up, are being allowed to become hayfields. Referencing his letter previously submitted, Mr. Teed expressed concern regarding the matters noted therein; pointing out any changes in the flags destroys the meaning of the Centennial Year Memorial as well as Fisher Lakes site because it was also a Centennial Project; and requested that Council restore the memorials to their original settings; and advised the grass plots in the Mount Pleasant area are being ignored and asked if staff could look into having the grass cut. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the presentation of Mr. George Teed regarding placement of flags at the Centennial Year Memorial and Fisher Lakes site and grass plots in the Mount Pleasant Avenue area, be referred to the City Manager and the Rockwood Park Advisory Board. Mr. Totten advised a marketing study was recently completed on Rockwood Park to assist in the promotion of the Park and as a result the Rockwood Park flag was developed which has been placed at the Centennial Year Memorial. Councillor Court suggested the trailer park would be a good location for the Rockwood Park flag because it would be visible from the Highway. Councillor Titus questioned if the Rockwood Park Advisory Board approved the flag and stated if it was not, then it should be removed immediately. Question being taken, the motion was carried with Councillor Titus voting "nay". 5. Greater Saint John Area Community Garden Committee - FundinQ For Garden Plot FencinQ Jude Carson, Chairperson of Communities in Bloom addressed Council on behalf of the Greater Saint John Area Community Garden Committee and introduced Pam Johnston and Ron Hughes, members of the Committee, as well as gardener Charlie Blanchet. Ms. Carson stated there are presently 36 garden plots located near the entrance to Rockwood Park; advised many in-kind donations have been received; and requested the City of Saint John to match the Committee's cash and in-kind donations to provide for fencing for the garden plots, in the amount of $4,608.45; 88-54 COMMON COUNCIL JUNE 19, 2000 referenced the information on the Community Garden Project as well as a quote for fencing that was previously submitted with her letter in this regard. Ms. Carson advised it is the intention of the Committee to have various projects, involving children, to plant vines and flowers on the exterior side of the proposed fencing. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the presentation of Jude Carson, on behalf of the Greater Saint John Area Community Garden Committee, requesting support from the City of Saint John through the Land for Public Purposes Trust Fund in the amount of $4,508.45, be referred to the City Manager and City Solicitor. Question being taken, the motion was carried. G. Mavor's Remarks Mayor McAlary expressed appreciation to those who participated in the planting of marigolds project on Main Street; commented on the successful history projects at Island View and Glen Falls Schools; and proclaimed July 1, 2000 as Canada Day in the City of Saint John. *GA. Canadian Committee on ShipbuildinQ and Policv Councillor Vincent read a Press Release from the Canadian Committee on Shipbuilding and Policy advising that the Committee gives its support and endorsement of the initiative taken by Hon. John Manley, Minister of Industry, in establishing a consultative process which provides an opportunity for full discussion on the problem areas within the Shipbuilding Industry; noting that the Committee has been meeting on a regular basis and has been working within the scope of their mandate. However, they do not want to mislead anyone in thinking resolves have been found, but they do consider this initiative as a step in the right direction and will fully participate. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the Press Release dated June 15,2000 from the Canadian Committee on Shipbuilding and Policy regarding the establishment of a consultative process concerning the Shipbuilding Industry, be received and filed. Question being taken, the motion was carried. 7. Tourism Industrv Consideration was given to a letter from Mayor McAlary advising that she wished to speak on the issue of tourism and how businesses in the City can obtain information easily on the rate of exchange. Mayor McAlary reminded everyone that as we enter the tourism season in our City we want to offer visitors the very best of hospitality and a fair exchange rate to those individuals visiting from the United States; and noted Uptown Saint John is recommending that all businesses offer an exchange rate of 40% to all U.S. visitors. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Mayor McAlary regarding tourism and the rate of exchange, be received and filed. Question being taken, the motion was carried. 88-55 COMMON COUNCIL JUNE 19, 2000 8. Proposal - Engineering Services For Lakewood HeiQhts Water PumpinQ Station On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd. be accepted for engineering services (design and construction management) for the Lakewood Heights water pumping station, and the Mayor and Common Clerk be authorized to execute the appropriate contract documents. During discussion regarding the proposals received Councillor Vincent questioned if this project would resolve the water problem being experienced by residents on Charles Street in Lakewood Heights; Mr. Groody stated he would look into the matter. Councillors Vincent and Desmond requested a copy of all proposals received for the project. Mayor McAlary suggested that information on all of the proposals received could be forwarded to Council members as an Information Item. Question being taken, the motion was carried. 9. Tender For Motorized Equipment Consideration was given to a report from the City Manager recommending award of the tender for motorized equipment; advising that Atlantic Rentals, the lowest bidder for the 12" brush chipper, has requested to withdraw their tender due to an error in converting the price to Canadian funds; and recommending that Council accept the request and allow them to withdraw, without prejudice, from any further consideration for this tender. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Atlantic Rentals for a 12" brush chipper be withdrawn from further consideration, and that the tenders for motorized heavy equipment be awarded as follows: (1) Tender 232014T for one only 60,000 GVWR dump truck to Bayview International Trucks Ltd., in the amount of $116,581.25, tax included; (2) Tender 232015T-A for one only loader backhoe c/w extendable boom to Lounsbury Industrial (1996) Ltd., in the amount of $136,505.00 tax included; (3) Tender 232016T for one only loader backhoe c/w post hole auger attachment to Lounsbury Industrial (1996) Ltd., in the amount of $138,747.50, tax included; (4) Tender 232017T for one only mechanical street sweeper to Saunders Equipment Ltd., in the amount of $206,654.01, tax included; (5) Tender 232018T for one only wheel loader c/w reversible plow and wing to Wheeltrac Equipment Ltd., in the amount of $213,785.00 tax included; (6) Tender 232019T for one only multi purpose tractor c/w attachments to Saunders Equipment Ltd., in the amount of $95,367.59, tax included; (7) Tender 232020T for one only 41,000 GVWR cab and chassis, c/w all season dump body, plow and hydraulic system, to Lounsbury Truck Centre, in the amount of $159,717.75, tax included; and (8) Tender 232021T for one only 12" brush chipper to Halifax Seed Company Ltd., in the amount of $32,884.83, tax included. Question being taken, the motion was carried. 10. Business Park Development Incentive ProQram Consideration was given to a report from the City Manager recommending an amendment to the Business Park Development Incentive Program to facilitate acceptance of forthcoming applications from Cadillac Fairview Corporation (McAllister Place Ltd.), Silver Falls Park Development Company Limited and Scott Bros. Ltd., staff having reached tentative agreements with these companies after months of negotiations and discussions with the landowners along Mark Drive with regard to the servicing of the Mark Drive by-pass road and the creation of Commerce Park. 88-56 COMMON COUNCIL JUNE 19, 2000 On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council amend Section C of Appendix 2 attached to the report titled "Business Park Development Incentive" adopted on March 8, 1999 by deleting Section C in its entirety and substituting therefore: "C Infrastructure Financing Incentive Infrastructure financing may be provided to applicants as a means of ensuring the timely development of specified infrastructure improvements in a public right-of-way traversing a business park. Assistance will be provided in the form of temporary financing of the capital cost of extending the Council approved infrastructure improvement(s). The City will recover the cost(s) incurred in the form of lot levies when development activity proceeds, or as authorized by Common Council. 1. Development Eligibility If, in the opinion of Common Council, the development of the public right-of-way located in a business park will permit the timely development of adjacent lands, Council may approve the provision of infrastructure financing for specified infrastructure improvements as an alternative to the Infrastructure Development Incentive as outlined in Section B. Applications will be considered from individuals and companies who own property abutting an existing or proposed public right-of-way located in a business park. The financing incentive is available only in those instances where all the abutting property owners make application. 2. Costs Eligible For Financing (a) Council may approve specified infrastructure improvements for financing assistance, including any of the following: water, sanitary sewer, storm sewer, concrete curb, concrete sidewalk, asphalt, landscaping, and street lighting; (b) costs must be as determined in a public tender awarded by the City of Saint John for the specified infrastructure improvement(s), and may include: expenditures for excavation, installation and materials; and engineering design and project management services if paid, or facilitated by the City; (c) ineligible costs include all of the following, in whole or in part incurred by the applicant: I. expenditures for installation, excavation and materials outside the public right-of-way or municipal services easement; II. land acquisition costs including legal and survey fees; III. engineering design and inspection fees; and IV. consulting fees incurred by the applicant(s). 3. Calculation of Repayment Amount Where an applicant is the owner of land on both sides of the public right-of-way, the applicant will be required to repay that portion of the cost of the specified infrastructure improvements incurred with respect to that length of the public right-of-way upon which the applicant's land fronts. Where an applicant is the owner of land on one side of the public right-of-way, the applicant will be required to repay one-half of that portion of the cost of the specified infrastructure improvements incurred with respect to that length of the public right-of-way upon which the applicant's land fronts. 4. Agreement Prior to the award of any contract for construction of the specified infrastructure improvements, each applicant must give to the City a mortgage or enter into some other form of agreement satisfactory to the City of Saint John to secure fulfillment of the applicant's repayment obligation under this Program. The mortgage/agreement will be binding upon subsequent owners until such time as full repayment has been made. With respect to the applicant's land, repayment will be made in full or by installments upon the earlier of: the subdivision of a lot(s); the filing of a building permit application, or the sale of the land. 88-57 COMMON COUNCIL JUNE 19, 2000 If the applicant elects to make repayment by installments, the minimum installment, referred herein as a lot levy, shall be calculated as follows, or as authorized by Common Council: Lot Levy = Frontage fee ($/metre) multiplied by the length in metres of the applicant's frontage affected by subdivision, sale, or building permit applicant. Where the frontage fee ($/metre) is equal to the cost of the specified infrastructure improvements along the applicant's land divided by the total frontage (in metres along both sides of the public right-of-way, if applicable) of the applicant's land affected by the specified infrastructure improvements. The repayment obligation under this Program as approved by Council must be fulfilled on or before ten years following approval of the application by Common Council.". Mr. MacKinnon advised there are two sections to the Business Park Development Incentive Program, the first being the infrastructure development incentive which was used for the Somerset Technology Park and the second section - the infrastructure financing incentive which is being used for the Commerce Park. Mr. MacKinnon noted this is the first time the latter section has been used and pointed out that agenda items 11, 12, and 13 will allow Council to accept different methods of repayment for the three applications; and advised these agreements must be in place before construction can begin on the by-pass road. Question being taken, the motion was carried. 11. Business Park Development Incentive ProQram - McAllister Place Ltd. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council (1) waive McAllister Place Ltd.'s requirement to re- zone to "Business Park" in order to participate in the Business Park Development Incentive Program; (2) accept the application from McAllister Place Ltd. (the Applicant) for assistance under the Infrastructure Financing Incentive of the Business Park Development Incentive Program; (3) approve, as part of this application, the specified infrastructure improvements for financing assistance as set out below: concrete curbing along the affected length of the Applicant's land; concrete sidewalk along the affected length of the Applicant's land; extension of water, sewer, and storm services along the public right-of-way; landscaping of the public right-of-way; extension of street lighting; and for the purposes of calculating the Applicant's repayment amount, additional costs to be considered are: expenditures for excavation, installation and material; and engineering design and project management services; (4) acknowledge for the purpose of this application, that the cost of the specified infrastructure improvements and additional costs are currently estimated at $146,500 plus HST (based upon the engineering design prepared by Godfrey Associates Ltd.); and (5) authorize an agreement to secure repayment, in full, of the Applicant's portion of the specified infrastructure improvements and additional costs on the terms and conditions set out in the Business Park Development Incentive Program to include the following: In the event the Applicant elects repayment of its obligation by installments, the Lot Levy shall not apply and the Applicant will, in its place, fulfill its repayment obligation by making ten equal annual installments, commencing on the anniversary of Common Council's approval of the application; and further that the Mayor and Common Clerk be authorized to execute the agreement. In response to questions raised Mr. MacKinnon advised the method of repayment for McAllister Place Ltd. is different because they do not want to develop the land at the present time and would prefer to make ten equal payments. Question being taken, the motion was carried. 88-58 COMMON COUNCIL JUNE 19, 2000 12. Business Park Development Incentive Program Silver Falls Park Development Company Limited On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) accept the application from Silver Falls Park Development Company Limited (the Applicant) for assistance under the Infrastructure Financial Incentive of the Business Park Development Incentive Program; (2) approve, as part of this application, the specified infrastructure improvements for financing assistance as set out below: concrete curbing both sides of Commerce Drive, along the full length of the Applicant's land; concrete sidewalk along the west side of Commerce Drive, Loch Lomond Road to Mark Drive; concrete sidewalk along the west side of Commerce Drive from the property line with Scott Bros Ltd. to Mark Drive; concrete sidewalk extended 60 metres along the east side of Commerce Drive in from the property line with Scott Bros Ltd.; extension of water, sewer and storm services 38 metres onto the Applicant's portion of Commerce Drive from the property line with Scott Bros Ltd.; landscaping of Commerce Drive along the full length of the Applicant's land; extension of street lighting from the property line with Scott Bros. Ltd. to Mark Drive; five sets of service laterals (water, sewer, storm and power) to be installed along various portions of Commerce Drive as specified by the applicant's consultant; and for the purposes of calculating the Applicant's repayment amount, additional costs to be considered are: expenditures for excavation, installation and material, and engineering design and project management services; (3) acknowledge for the purpose of this application that the cost of the specified infrastructure improvements and additional costs are currently estimated at $180,500 plus HST (based upon the engineering design prepared by Godfrey Associates Ltd.); and (4) authorize an agreement to secure repayment, in full, of the Applicant's portion of the specified infrastructure improvements and additional costs on terms and conditions set out in the Business Park Development Incentive Program to include the following: in the event the applicant elects repayment by installments, the lot levy will be equally split over Lot 99-1 and future Lot B (lots shown on the plan provided) for the total amount owing to the City; and in the event any portion of the Applicant's repayment obligation remains owing upon the tenth anniversary of the Common Council resolution accepting the application, the Applicant, at its discretion, will either pay to the City the remaining balance owing or in its place convey to the City, Lot 99-1 and/or future Lot B (whichever has not been developed, sold or subdivided) as payment in full; and further that the Mayor and Common Clerk be authorized to execute the agreement. Responding to an inquiry raised by Councillor Vincent, Mr. MacKinnon advised that the by-pass road project does not include the existing portion of Mark Drive which borders on numerous residential properties or the section out to Westmorland Road; and noted the full cost of the by-pass road is $1. 7m of which a portion is being cost shared by the three applicants - McAllister Place Ltd., Silver Falls Park Development Company Limited, and Scott Bros. Ltd. During discussion Mr. Totten advised that work on the existing portion of Mark Drive will be included in next year's capital budget for Council's consideration. Question being taken, the motion was carried. 13. Business Park Development Incentive ProQram - Scott Bros. Ltd. On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) accept the application from Scott Bros. Ltd. (the "Applicant") for assistance under the Infrastructure Financing Incentive of the Business 88-59 COMMON COUNCIL JUNE 19, 2000 Park Development Incentive Program; (2) approve, as part of this application, the specified infrastructure improvements for financing assistance as set out below: concrete curbing - both sides of Commerce Drive along the full length of the Applicant's land; concrete sidewalks - both sides of Commerce Drive along the full length of the Applicant's land; extension of water, sewer, and storm services along Commerce Drive the full length of the Applicant's land; landscaping of the public right-of-way abutting the Applicant's land; extension of street lighting along the public right-of-way; five sets of service laterals (water, sewer, storm and power) to be installed along various portions of Commerce Drive as specified by the applicant's consultant; and for the purposes of calculating the Applicant's repayment amount, additional costs to be considered are: expenditures for excavation, installation and material; engineering design and project management services; and $35,400 in an additional Lot Levy arising out of an exchange of lands with the City. (3) acknowledge for the purpose of this application, that the cost of the specified infrastructure improvements and additional costs are currently estimated at $384,400 plus HST (based upon the engineering design prepared by Godfrey Associates Ltd.); and (4) authorize an agreement to secure repayment, in full, of the Applicant's portion of the specified infrastructure and additional costs on terms and condition set out in the Business Park Development Incentive Program to include the following: in the event the Applicant elects repayment by installments, it can, from time to time, make installments greater than the minimum required as calculated by way of the Lot Levy and it can make additional installments until such time as the Applicant's repayment obligation is paid in full.; and further that the Mayor and Common Clerk be authorized to execute the agreement Mr. MacKinnon stated that Scott Bros. want to accelerate their payments rather than carry it over a ten-year period. Question being taken, the motion was carried. 14. Mark Drive By-Pass Road - Exchange Of Land With Scott Bros Ltd. On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council subdivide and sell: (1) a 5,330 :t m2 portion of NBGIC Number 424432, as generally shown on the submitted plan to Scott Bros. Ltd. for the purchase price of one dollar plus applicable taxes; that the Mayor and Common Clerk be authorized to sign the required documents; and (2) acquire a 4,300 :t m2 portion of NBGIC Number 436659 (as generally shown on the submitted plan) from Scott Bros. Ltd. for the purchase price of one dollar plus applicable taxes, land transfer and subdivision fees. Mr. MacKinnon explained the purpose of the land exchange is to complete the proposed buffer zone between the residences on Mark Drive and future developments along Commerce Drive. Question being taken, the motion was carried. 24. 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 88-60 COMMON COUNCIL JUNE 19, 2000 Your Committee reports that it sat on Monday, June 12, 2000, when there were 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 (1) accept the Offer to Purchase from Scott Bros. Ltd. to buy a 3,305m2 :t portion of NBGIC Number 436659, shown on the submitted plan as Parcel No.9, for the purchase price of $5,000 (plus HST, if applicable) on the terms and conditions as stated in the submitted offer; (2) authorize the execution of the submitted Letter of Commitment from McAllister Place Ltd., and (3) authorize the Mayor and Common Clerk to execute the required documents. 2. That as recommended by the City Manager, the City Manager be authorized to sign the submitted correspondence from The Hardman Group Limited regarding repairs to Smythe Street expansion joints and associated work at Market Square, where indicated, and further that the allocation for Smythe Street repairs included in the 2000 Capital Budget be increased by $109,558 to reflect the actual cost of the repairs to Smythe Street, as well as to the waterline beneath the Complex and Street, amounting to $17,130 plus HS1. March 6, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 24.1 Offer to Purchase from Scott Bros. Ltd. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 24.2 Repairs to Smythe Street and Associated Work At Market Square On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 2 of the above report be adopted. Councillor Titus expressed the opinion that the extra funds required for this project should be taken from another project in the capital budget rather than increase the budget; and advised that he would not be supporting the proposed motion. Question being taken, the motion was carried with Councillor Titus voting "nay". 15. 2000 Establishment Of Permanent Positions Consideration was given to a report from the City Manager advising that it has been the practice for Council to approve annually the Establishment of permanent positions; that as the City's administrative structure is constantly evolving as roles and responsibilities are reassessed, the 2000 Establishment reflects a number of title changes, additions and deletions; summarizing the proposed changes to the Establishment for 2000; setting out the proposed Establishment; and submitting a recommendation for Council's consideration. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the 2000 Establishment of permanent positions, totaling 712 positions, as outlined in the report from the City Manager, be approved. 88-61 COMMON COUNCIL JUNE 19, 2000 Councillor Chase referenced the two additional positions in the establishment, which were previously approved by Council, noting he did not support the addition of these positions and therefore would not be supporting the proposed motion. Question being taken, the motion was carried with Councillor Chase voting "nay". 16. Amendment To November 15, 1999 Council Resolution Re Sale Of Land AlonQ Moore Street On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of November 15, 1999, pertaining to the sale of lands to L.S.O. Enterprises Ltd., by deleting "June 30,2000" and substituting therefore "July 31, 2000". Question being taken, the motion was carried. 17. Response To Havelock Home And School Association's Request For FundinQ Read a report from the City Manager in response to the May 15, 2000 request to Council from Havelock Home and School Association for the City to cost share the addition of two pieces of equipment to the current playground on the School property. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve that the City of Saint John will contribute up to $560.00 from the Land for Public Purposes Trust Fund in support of the expansion of the playground at Havelock School, with the conditions that prior to disbursement of funds; (a) the equipment supplier provide confirmation satisfactory to the Commissioner of Community Services that the equipment supplied and installed fully meets CSA standards; and (b) that a certificate is received from the Superintendent of School District #8 stating that the playground at Havelock School shall be open for the recreational use and enjoyment of the general public. Question being taken, the motion was carried. 18. Amendment To List Of Official Street Names On motion of Councillor White Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Common Council amend the list of Official Street Names by: a) deleting Hospital Street and, b) adding Agar Place. Question being taken, the motion was carried. 19. Request To Stop Up And Close Portion Of Tippett Street On motion of Councillor Titus Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the Common Clerk to publish notice of its intention to consider the passage of a by-law to stop up and close that portion of Tippett Drive, a public street, designated by NBGIC 55051049; in the event that a by-law to stop up and close that said portion of Tippett Drive is enacted, the said land to be sold to Wayne and Kim Miller for the sum of $750.00 plus disbursements associated with the said street closing. 88-62 COMMON COUNCIL JUNE 19, 2000 Question being taken, the motion was carried. 20. Traffic By-law Amendment ParkinQ On Union Street Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment with regard to parking on Union Street, which was given first and second readings on June 12, 2000. On motion of Councillor White Seconded by Councillor Desmond 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 Union Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 21. City Market By-law Amendment Re Sunday And Holidav OpeninQs Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed City Market By-law amendment that would permit the City Market to be open for business for parts of the days on dates when cruise ships are scheduled to visit the City. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C-115-21 A By-law To Amend A By-law Relating To The Market In The City Of Saint John", with regard to being open on July 1, 2000, September 10, 2000, October 1, 2000 and October 8, 2000, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C-115-21 A By-law To Amend A By- law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. *21A. Proposed ZoninQ Bv-Iaw Amendments re Pits and Quarries On motion of Councillor Desmond Seconded by Councillor White RESOLVED that: (1) the public hearing scheduled for Tuesday, July 4, 2000 for the purpose of considering the proposed re- zoning of certain lands to the "PQ" Pits and Quarries Zone is hereby cancelled; (2) the Planning Advisory Committee be advised that as a result of the aforesaid cancellation, it will be unnecessary for the said Committee to express its written views upon the said proposed re-zonings; and (3) Common Council hereby terminates the process of considering amendments to portions of the text of the Zoning By-law respecting pits and quarries which process commenced on April 10, 2000 with Council's authorizing the necessary advertising therefore, pursuant to s. 68 of the Community Planning Act. Mayor McAlary apologized for the delay in this process and noted this issue is of major concern to many residents as well as pits operators and stated when the public hearing was held on May 15, 2000 there was a question of whether or not Council was within the one year time limit of an amendment to the Zoning By-law; advised the City Solicitor has ruled that we are outside of the time limit that is set by the Community Planning Act, therefore, the process must be started over; pointed out the 88-63 COMMON COUNCIL JUNE 19, 2000 public presentation for this matter will be held on July 17, 2000 followed by a thirty day waiting period, then a hearing at the Planning Advisory Committee, with a public hearing being held at Council in September. Mayor McAlary advised the moratorium will no longer be in place once this resolution is passed by Council and cannot be put on again until the end of August. Question being taken, the motion was carried with Councillor Vincent voting "nay". On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the Common Clerk is hereby authorized to publish notice pursuant to s. 25 of the Community Planning Act, of Council's intention to consider amending those portions of the Municipal Development Plan By-law dealing with: (1) the plan policies respecting pits and quarries in section 2.4.3; and (2) the designation of Approved Heavy Industrial Developments in section 2.4.7.11 of the Municipal Plan. Question being taken, the motion was carried. 22. Municipal Plan Amendment And Re-ZoninQ 264 Golden Grove 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 have been completed with regard to the submitted application of Gordon Defazio for a proposed Municipal Plan amendment and re-zoning of property located at 264 Golden Grove Road, and no written objections were received in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the application of Gordon Defazio for a Municipal Plan amendment and re-zoning of property located at 264 Golden Grove 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, July 31,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillors Fitzpatrick and Titus withdrew from the meeting as they were not present for the June 12, 2000 public hearing for the proposed Municipal Plan Amendment and re-zoning with regard to 152-154 Waterloo Street.) 23(a) Municipal Plan Amendment And (b) Re-ZoninQ 152-154 Waterloo Street 23{a) On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by amending Policy 2.1.3 and Policy 2.1.4 of Part 10 (Peninsula Neighbourhood Plan), and redesignating on Schedule 2-C a parcel of land located at 152-154 Waterloo Street (NBGIC Number 13631), from Medium Density Residential to Approved Commercial Development 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. 88-64 COMMON COUNCIL JUNE 19, 2000 23{b) On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- law Number C.P. 100-532 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 152-154 Waterloo Street (NBGIC Number 13631), from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the non-residential use of the property to an approximately 500 square foot retail store specializing in coins, collectibles and jewellery. The by-law entitled, "By-law Number C.P. 100-532 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. (Councillors Fitzpatrick and Titus re-entered the meeting.) 25. Saint John Board Of Police Commissioners Referral Of All Terrain Vehicle Bv-Iaw Draft On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Police Commissioners, further to Common Council's May 25, 1999 referral of the matter regarding an All Terrain Vehicle By-law, submitting a report on same from the Chief of Police advising of the Force's enforcement procedure regarding this by-law, be referred to the City Manager and City Solicitor. Question being taken, the referral motion was carried. 26. Saint John Board Of Police Commissioners Matter Of NeiQhbourhood Police Committees On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Board of Police Commissioners regarding the invitation to address Common Council on neighbourhood police committees, advising that the Chairman and Chief of Police are available to address Council in this regard, be received and filed and arrangements be made for the said presentation to Council. Question being taken, the motion was carried. 27. Saint John Board Of Police Commissioners Re ParkinQ On Woodville Road On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its adoption of a resolution regarding trucks and traffic on Woodville Road at its June 6, 2000 meeting, be referred to the City Manager for a report to Council. Councillor Court suggested input be received from the Fire Department, Police Force and Saint John Transit before making a decision on this matter. Question being taken, the motion was carried. 88-65 COMMON COUNCIL JUNE 19, 2000 28. Lewis H. Morgan - Transport 2000 Atlantic Re VIA Rail Service Consideration was given to a letter from Transport 2000 requesting the City of Saint John's support to bring back passenger rail service to southwestern New Brunswick. On motion of Councillor Ball Seconded by Councillor White RESOLVED that a letter of support be forwarded to Transport 2000 to bring back passenger rail service to southwestern New Brunswick. Question being taken, the motion was carried. 29. Uptown Saint John Inc. - Millennium Dome On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Uptown Saint John extending compliments to the Mayor, Common Council, and J.D. Irving Limited upon the dedication of the Millennium Dome, be received and filed. Councillor Titus suggested that the matter of this project should have been submitted to Council, and referenced the reserved seating at this and other events. Question being taken, the motion was carried with Councillor Titus voting "nay". 30. First Westmorland Shopping Centres Limited Amendment To Section 39 Conditions Of Re-ZoninQ 450-500 Westmorland Road On motion of Councillor Ball Seconded by Councillor White RESOLVED that the application of Westmorland Shopping Centres Limited for an amendment to the Section 39 Resolution or Agreement for the re-zoning of property at 450-500 Westmorland 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, July 31,2000 at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk