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2000-07-04_Minutes 88-66 COMMON COUNCIL JULY 4,2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of July, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites 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; W. Butler, Commissioner of Community Services; W. Todd, Director of Information Systems and Support; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; 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 Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on June 19,2000, be approved. The Mayor acknowledged Councillor Titus' request to raise two items arising from the minutes, and confirmed his observation that, as item 9A on the operation of City arenas had been tabled at the June 12 Council meeting, it should as a matter of policy have automatically been placed on the June 19 Council agenda. Councillor Titus asked, under item 4 at the last meeting, what happened with respect to the flag referenced by George Teed in his presentation, to which the Mayor replied that the Rockwood Park Advisory Board, to which the matter was referred along with referral to the City Manager, had not yet met, and Mr. Totten advised that he has had the flag changed. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 5-9 Boars Head Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 5-9 Boars Head Road (a portion of NBGIC Number 55115042), having an area of approximately 3407 square meters (36,675 square feet), from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, to permit the construction of one-family or semi-detached dwellings, as requested by Stephen Halsall and Tamara Halsall, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's June 27,2000 meeting at which the applicant spoke in support of the recommendation; and recommending that Common Council re-zone a parcel of land located at 5-9 Boars 88-67 COMMON COUNCIL JULY 4,2000 Head Road, having an area of approximately 3407 square metres (36,675 square feet), also identified as being a portion of NBGIC Number 55115042, from "R-1B" One Family Residential to "R-2" One and Two Family Residential classification. On motion of Councillor Desmond Seconded by Councillor Court 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 located at 5-9 Boars Head Road, having an area of approximately 3407 square metres (36,675 square feet), also identified as being a portion of NBGIC Number 55115042, from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, 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 Trites Seconded by Councillor Court 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 located at 5-9 Boars Head Road, having an area of approximately 3407 square metres (36,675 square feet), also identified as being a portion of NBGIC Number 55115042, from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, 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 Trites Seconded by Councillor White RESOLVED that the correspondence with regard to the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Mavor's Remarks Mayor McAlary declared Thursday, July 6, 200 as Xerox Canada Day in the City of Saint John. 7(a) Visit Canada Visitez Project Rockwood Park Advisorv Board Consideration was given to a letter from Mayor McAlary, Chairman of the Rockwood Park Advisory Board which includes five members of the Saint John Horticultural Association, advising of the Board's meeting with Ken Maybee and Arthur Thompson to discuss the Visit Canada Visitez project sited for Rockwood Park at which time the Board requested Mr. Maybee to meet on a regular basis with the Board so it could follow the progress of the project. 7{b) Chairman - Visit Canada Visitez Consideration was also given to a letter from Kenneth Maybee, Chairman of Visit Canada Visitez, to the Rockwood Park Advisory Board, referring to his offer to the Board to attend future meetings to give progress reports to keep it updated on the Visit Canada Visitez project, and welcoming active participation of the Board members in moving the project forward. The Mayor noted that the above correspondence was for the information of Council members in relation to item 4 on the agenda of this meeting. 88-68 COMMON COUNCIL JULY 4,2000 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 7 A. FundinQ For Cultural And Arts Community On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from Deputy Mayor Chase advising that he would like to discuss a matter concerning the cultural and arts community and the taxpayers' money, from property taxes paid, that currently supports same, be laid on the table for consideration at the next meeting. Question being taken, the tabling motion was carried. 8. Operation Of City Arenas On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Councillor Titus requesting Council's support, by a referral motion to staff, to request and invite proposals from interested person(s)/group(s) in the community regarding the operation of City arenas, which was tabled at Council's meeting of June 12, 2000, be referred to the City Manager for a report to Council on the options available in this regard. Councillor Titus commented on the basis that he had placed the above item on the agenda with budget in mind, his intention being to refer it to staff with the stated intention to prepare a proposal and to invite members of the community to give the City proposals on facilities currently operated by the City to see, for example, if there might be some interest from a minor hockey association to take over the operation of one of the City rinks which could be in conjunction with City staff, or some interest in operating a ball field. Councillor Titus proposed a motion to refer the matter to staff to come up with and maybe eventually invite proposals from groups/persons within the community, and agreed with a motion to refer for a report to Council on options available, particularly for rinks and ball fields. Question being taken, the motion was carried. 9. Follow-up On Recent FCM MeetinQ Read a letter from Councillor Court advising that he would like to discuss some of the information he gathered from FCM recently in Ontario, which would provide an opportunity for other Councillors to pass along information they may have gathered at the meeting. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Councillor Court be received and filed. Councillors Court, Ball and White commented on their attendance at events and seminars during the recent FCM meeting, and Councillor Trites noted that, last year, over three hundred communities were added to the FCM membership, which was now well over a thousand, representing about eight-seven percent of the total Canadian population. Question being taken, the motion was carried. 88-69 COMMON COUNCIL JULY 4,2000 4. Visit Canada Visitez - Rockwood Park Project Kenneth Maybee, Chairman; Arthur Thompson, Director of Marketing; Don Shaw, Treasurer; Dr. Greg Marquis, Director; Gerald Burke, Director; Jim Macintosh, Director; and Linda Nickerson, Office Assistant, of Visit Canada Visitez were present at the meeting, and Mr. Maybee, referencing his August 23, 1999 presentation to Council on this million-dollar Canada Trail Project, advised of the group's success since that time in obtaining in excess of $800,000 towards it. Mr. Maybee, referring to a previously-submitted brief and through a computer-aided presentation, provided an overview of the Canada Trail Project, including a lay-out of the Trail, as depicted on display boards in the Council Chamber, pointing out the Canada and Legion sites on the Trail; and reviewed the project timeline commencing in 1992 to date. Mr. Maybee noted the list of Board members included with the brief, as well as the copy of the agreement with the City on the Visit Canada Visitez Trail Development Project, Roles & Responsibilities, Construction Phase, and copies of letters and newspaper articles on the Project; and apprised Council of concerns raised by the Rockwood Park Advisory Board and the Horticultural Association about the Project. Mr. Maybee, in concluding, advised that Visit Canada Visitez currently had sufficient funding in place to complete eight of the sites immediately, with the remaining cash and/or in-kind to be raised through corporate individual sponsorship packages and various foundations, and the group was anxious to get moving on the Project. Mr. Shaw reviewed the Project budget, including total expenses in the amount of $1,082,889 and total revenue in the amount of $841,952, with anticipated cash and/or in-kind requirements of $240,937 to be raised through corporate and individual sponsorship packages. The Mayor thanked the members of Visit Canada Visitez for their presentation. Councillor Titus commented on the basis that he was quite content with Rockwood Park the way it was and that the Project would make a significant change there; questioned the City's in-kind commitment to the Project; and advised that he would like confirmation of the Rockwood Park Advisory Board's approval of the Project and that he would not approve the placement of one stone in the Park until Visit Canada Visitez came to Council with a budget which indicated that the group had the money. Councillor Titus, in questioning who would look after the site once it was completed, expressed the view that the last thing the City needed was another item to look after as it could barely afford to keep what it now had. During discussion Mr. Totten responded to questions on the above-mentioned agreement, the purpose for which was to ensure that there was a clear delineation of responsibilities, and Mr. Butler, in providing a verbal outline of the City's in-kind services to the Canada Trail Project totalling $245,000, advised that many of the in-kind items were ones which the City was already undertaking and able to be included as part of the package as value to the Project, one being the parking lot improvements at the Fisher Lakes parking lot this year, and advised that he could provide a copy of the breakdown to Council. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Council permit Visit Canada Visitez to commence construction of the Canada Trail within the City's property at Rockwood Park, conditional upon Visit Canada Visitez first providing satisfactory evidence that there is protection to the City against any possible adverse consequence falling upon it as a result of the work being undertaken by Visit Canada Visitez directly or through any agent or contractor employed by it, subject to the approval of the City Manager and the City Solicitor. The initial motion proposed was to go forward with the Project and, during discussion, the mover and seconder concurred to add to the motion as set out above upon Mr. Nugent's indication that, shortly after the initial consideration by Council of Visit Canada Visitez's Project, he had discussion with City staff dealing with the necessity of protecting the City's interest in its property, being Rockwood Park, from any possible adverse effects that could result from somebody other than the City spending money or undertaking work within its property in that if, for example, work were undertaken by Visit Canada Visitez or any other group, there was a general concern about the possibility of the City being exposed to the possibility of a mechanic's lien being placed on its property if, for example, some of the contractors or suppliers were not paid, among other things, thus the need for some mechanism to be put in place to protect the City's interest in that respect; and he cautioned Council that, until something of that nature was in place, it would be unwise to allow the work to proceed. In response to Councillor Titus' 88-70 COMMON COUNCIL JULY 4,2000 suggestion that this should be referred to the Legal Department for an opinion, Mr. Nugent, in noting that he had already given an opinion to staff, suggested it was perhaps a matter of getting together to see what, if any, progress has been made in that regard. Mr. Totten advised that this point had been raised with Mr. Maybee and suggested that, if Council were to authorize this, it could be subject to the City receiving some protection in light of possible liens on property. Mr. Nugent expressed the view that the motion could be to the effect that the permission of Council to Visit Canada Visitez to commence construction within the City's property be conditional upon it first providing satisfactory evidence that there is protection to the City against any possible adverse consequence falling upon it as a result of the work being undertaken by Visit Canada Visitez directly or through any agent or contractor employed by it, to be reviewed by the City Manager and the City Solicitor; and added that, in discussing a number of possibilities, a performance bond was among them. Question being taken, the motion was carried with Councillor Titus voting "nay". 5. David And Dianne Breau ParkinQ On Woodville Road The Mayor asked Council's consideration, following the Breau's presentation, to deal with the City Manager's report on parking on Woodville Road, under agenda item 12. David and Dianne Breau of 339 Woodville appeared before Council, further to their previously submitted letter requesting to speak concerning parking on Woodville Road, and advising that they would like to be informed each time the matter of parking on Woodville Road was to appear on the Council agenda. Mrs. Breau, referring to a diagram of Woodville Road (copies of which were distributed to Council members at this time), noted the areas thereof on which signs were posted with regard to parking; and Mr. Breau commented on the matter on the basis that the narrowness of Woodville Road was the issue in accommodating emergency vehicles and that, while there was some abuse, things were going well in this regard, although a petition was circulated and a letter forwarded to the Police Commission. Mr. Breau advised that there were two passable lanes when it was working the way it should, and the conflict was when vehicles were parked on both sides of the Road leaving only one traffic lane; and confirmed that the Breaus would like to see the parking situation remain as it was. 12. ParkinQ On Woodville Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager advising, further to Council's May 29, 2000 referral of a presentation regarding parking on Woodville Road, the conclusion of staffs analysis of the dimensions of Woodville Road in relation to Transportation Association of Canada (T AC) standards, as well as the results of a survey of residents between 320 and 371 Woodville Road, inclusive; reviewing the circumstances that led to the implementation of parking restrictions on the south side of Woodville Road, between Chapel Street and City Line; noting that, as reported to Council on June 19, 2000, the Saint John Police Force has been enforcing the By-law and will continue to do so as time and resources permit; and concluding that the analysis conducted by staff in a previous report to Council took into consideration the requirements for safe and passable streets, accommodating the provision for on-street parking on one side only (notwithstanding the provision for off- street parking in driveways) and, as roadway dimensions and configuration has not changed, it is recommended that the parking restrictions remain in effect, be received and filed. Question being taken, the motion was carried. 10. Review Of Numerous City Bv-Iaws Read a letter from Councillor Titus requesting the opportunity to discuss with Council a review of the numerous by-laws currently on the books with the intention (with Council's support) to put in place a mechanism to start this review and work toward reducing red tape within the City, and to eliminate by-laws out-of-date or not enforceable 88-71 COMMON COUNCIL JULY 4,2000 for whatever reason; and expressing the opinion that this review would reduce time/money/energy spent by City staff and allow them to concentrate on areas of concern, as well as have a positive impact on development/growth within the City. Councillor Titus expressed the view that there should be a regular process for review of by-laws. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 11. Work BeinQ Done At Denis Morris Community Centre On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from Councillor Titus requesting Council's support to direct the Commissioner of Municipal Operations to provide assistance to the volunteers (citizens) working at the Denis Morris Community Centre who are working toward improving the property in and around the Centre, by providing (1) two to three loads of topsoil for the ball field, and (2) sod for the area between the City sidewalk and the front of the property, be referred to the City Manager to be done straightaway. Mr. Totten advised that he would undertake to do so unless there was some problem staff did not know about, such as private property, and staff would get the contact person's name right away and, if there were a problem, Council would be advised. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 13. Procurement Policv Consideration was given to a report from the City Manager explaining the need to adopt a policy for the engagement of professional services in that, while the City's present Procurement Policy addresses in concise terms the method and form for the selection of vendors for the provision of goods, or goods and services, the Policy does not provide for the distinct difference between professional services and goods, or goods and services. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council adopt the submitted formal policies for (1) the Proposal Method of Vendor Selection and (2) the Engagement of Professional Services, and that these policies be incorporated within the City's existing Procurement Policy; and further that Council's resolution of February 10, 1992, respecting the City Manager's terms of reference, be amended accordingly. The Mayor noted the need to add to the City Manager's recommendation the amendment to the February 10, 1992 Council resolution respecting the City Manager's terms of reference. Question being taken, the motion was carried. 88-72 COMMON COUNCIL JULY 4,2000 14. Tender For Contract 2000-7 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 2000-7, Hunter Lake control dam reconstruction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $32,212, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents; and further that the tender of Bruce E. Lawson Contractor Limited be rejected as incomplete. Question being taken, the motion was carried. 15. Tender For Renovations 9th Floor, City Hall On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $61,500, plus tax, be accepted to renovate the 9th floor of the City of Saint John City Hall Complex, 15 Market Square. Question being taken, the motion was carried. 16. Additional Work - Contract 99-5 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve a further $25,000 toward the closure of the Spruce Lake landfill, and an additional expenditure of $169,722.64 for Contract 2000-6, Phase IX closure Spruce Lake landfill, plus an additional $10,000 for engineering services, for an overall project total of $650,000 for 2000. Councillor Titus advised that, if the above expenditure would increase the 2000 Capital Budget, the work should be done next year, and Mr. Totten advised that he could not give Council assurance at this time that this would not increase the 2000 Capital Budget. Question being taken, the motion was carried with Councillor Titus voting "nay". 17. Communication Services AQreement On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the submitted Agreement Respecting Communication Services between the Atlantic Health Sciences Corporation and the City of Saint John, relative to services provided to the ambulance service, subject to a final review of the document as to form by the Legal Department; and authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. The Mayor noted that the period for the second year, referred to on page 10 of the proposed agreement, should be December 1, 2000 to November 30, 2001. Question being taken, the motion was carried 88-73 COMMON COUNCIL JULY 4,2000 18. Amendment To Procedures For Compensatory Flood StoraQe Read a report from the City Manager addressing the third objective of a component of the action plan intended to alleviate the severity and incidents of flooding in Glen Falls relating to the purchase of property and construction of retention ponds thereby creating new flood storage capacity, that being to provide compensatory flood storage for residents in the Glen Falls area who may wish to improve their property or expand their building, the recommendation being that the Building Inspector be authorized to permit the sale of compensatory storage for a volume up to 50 cubic metres per individual property; listing the requests for compensatory storage approved by Council; and noting that, should Council resolve to delegate this authority to the Building Inspector, approvals for requests would not be automatic but would be examined in consideration of their merits and in keeping with the principles of the Building By-law, the Flood Risk Area By-law, and the Zoning By-law, and any person who makes application to purchase compensatory storage and is denied such approval by the Building Inspector would still have the option of making application directly to Council. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the procedures respecting the sale of compensatory storage adopted by Council be amended to allow the Building Inspector to consider and approve or disapprove any application for the sale for compensatory storage in amounts not exceeding 50 cubic metres, all such approvals to be at the unit cost per cubic metre approved by Council. Councillor Titus spoke on the basis that Council should approve the process in principle but, as a give-back to the residents of single-family dwellings in the area concerned, not charge those who want to move 50 cubic metres or less, although they would still have to get approval from the City. Mr. Nugent advised that the possibility of not charging certain property owners who wished to purchase compensatory storage capacity from the City brought to mind the pains taken when the program was originally established to be certain that everybody would be treated equally and pay for the cost the City had incurred in providing the compensatory storage that they wished to buy; and suggested that, if Council wanted to pursue the possibility of exempting certain groups from that cost, the matter should be referred back to him because, as clearly there was the issue of everybody being treated equally under the terms of the policy, he would want to ensure that the City would not be running afoul of that fundamental principle with such an arrangement. Question being taken, the motion was carried with Councillor Titus voting "nay". 19. ChanQes For Summer 2000 PlaVQround ProQram On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager advising the locations at which summer recreation programs would not being offered to children this summer as the lack of funding has made it necessary to decrease the number of playground sites, as well as the summer playground locations in 2000; and also advising that staff has pursued many avenues in an attempt to secure additional funds in order to provide a program at the four sites eliminated but with no success, be received and filed. Councillor Court expressed concern that the teen program for people ages 13 to 17 would be cancelled during the summer months in that, based on a seminar at the recent FCM meeting on connecting youth with community opportunities, one of the concerns was the lack of recreational outlets for teenagers who are probably at the greatest risk. Question being taken, the motion was carried with Councillor Court voting "nay". 88-74 COMMON COUNCIL JULY 4,2000 20. Update On Climate Control At City Market On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the report from the City Manager summarizing, further to a previous report on climate control in the City Market, actions underway in this regard, be received and filed. Question being taken, the motion was carried. 21. Revisions To HIP #83 Grant On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager advising of a request to amend B.C.G. Holding's application for Housing Incentive Program funding, as approved in March 1999 for four units and expanded in November 1999 to include five units, by deleting one of the lots and adding one lot; also advising that the original two-year time limit to complete the project will remain and three of the units have been undertaken and the fourth unit will be undertaken soon and, as there is no increase in the number of units, there is no increased financial commitment; and recommending that Common Council approve revisions to the Housing Incentive Program application HIP#83 of B.C.G. Holdings Inc., the lots illustrated on the submitted sketch, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 22. Joint Meeting - Cities Of New Brunswick & Union Of Municipalities Of New Brunswick Read a report from the City Manager referring to a letter from Councillor White considered in Committee of the Whole on March 27,2000 with respect to a joint meeting of the Cities of New Brunswick Association and the Union of Municipalities of New Brunswick to be held in Saint John on October 27 to 29, 2000, requesting the City to sponsor a banquet for the more than 400 expected attendees, and noting that provision was made in the 2000 Operating Budget for sponsorship of just such an event. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council approve a sponsorship in the amount of $10,000 toward the combined 2000 meeting of the Cities of New Brunswick Association and the Union of Municipalities of New Brunswick. Councillor Chase expressed concern about paying $10,000 for a banquet at a time when Council was being faced with cutting costs in the municipality, and the difficulty of convincing the Provincial Government that the City could not afford cuts if it were spending $10,000 for a dinner, and suggested that the banquet could be cut or other ways could be found to pay for it. The Mayor expressed the understanding that the $10,000 represented the City's cost for the whole conference, not just the banquet, and Mr. Totten noted the recommendation was for sponsorship toward the combined 2000 meeting. Question being taken, the motion was carried with Councillor Chase voting "nay". 23. Section 101 Agreement For Future Street - 450-500 Westmorland Road Consideration was given to a report from the City Manager advising that, with Council's authorization on April 10, 2000 of one or more subdivision agreements and cost sharing with First Westmorland Shopping Centres Ltd. 's subdivision at 450-500 Westmorland Road, it was anticipated that the basic requirements of the Subdivision By- law with respect to the vesting of Consumers Drive and the creation of the Kent lot would 88-75 COMMON COUNCIL JULY 4,2000 be covered in one subdivision agreement, while the applicant's proposal to vest the future street at this time and to provide security for its eventual construction would be covered in a separate subdivision agreement; also advising that, after reviewing the matter, the City Solicitor has advised that the appropriate manner of providing for the additional security for the eventual construction of the connecting street is by means of an agreement pursuant to Section 101 of the Community Planning Act, rather than a subdivision agreement, which requires specific authorization from Common Council. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the preparation and execution of an agreement, pursuant to Section 101 of the Community Planning Act, which provides for security in the form of an irrevocable standby letter of credit, issued by a chartered Canadian financial institution, in the amount of $437,120.75, to ensure the future construction of the proposed future connecting street from Consumers Drive to Major's Brook, as well as one-half the cost of construction of a future structure for crossing of Major's Brook, to City specifications. Question being taken, the motion was carried. 24. Advertisement For Municipal Plan Amendment Re Pits & Quarries Policies On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the report from the City Manager submitting a draft of the proposed wording of the Municipal Plan amendment with regard to policies respecting pits and quarries, further to the June 19,2000 Council resolution authorizing staff to initiate the required Municipal Plan amendment process; advising that the form of the public notice that is scheduled to appear in the July 6, 2000 newspaper would allow for the public presentation to occur at the July 17, 2000 Council meeting; and recommending that Council authorize the publication of the submitted amendment to the Municipal Plan, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 25. 2000 Water & Sanitary Capital ProQrams On motion of Councillor White Seconded by Councillor Court RESOLVED that the report from the City Manager referring to the 2000 Program approved by Council on April 10, 2000 as summarized in the submitted Appendix A, and proposing adjustments to the Water and Sanitary portions of the 2000 Water and Sewerage Fund Capital Program, as listed in the submitted Appendix B; outlining the proposed changes, and recommending that Common Council approve the revisions to the Water and Sanitary portions of the 2000 Water and Sewerage Fund Capital Program as outlined herein and in the submissions, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 26. Planning Advisory Committee Subdivision - 1429 Loch Lomond Road On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative plan of the John and Wanda Colwell Subdivision at 1429 Loch Lomond Road that illustrates a future street between proposed lots 00-01 and 00-02, 88-76 COMMON COUNCIL JULY 4,2000 and to any required municipal services or public utility easements; and (2) accept a cash-in-lieu of land for public purposes dedication for this proposed subdivision. Question being taken, the motion was carried. 27. Planning Advisory Committee Subdivision - 564 Rothesav Avenue On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted Irving Oil Company Limited Subdivision, McAllister Drive, located at 564 Rothesay Avenue (NBGIC Number 299958), with respect to the proposed 1296-square-metre (13,950- square-foot) widening of McAllister Drive as a public street. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 28. The Saint John Jeux Canada Games Foundation, Inc. Financial Statements - Reappointment Of Governors On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from the Chairman of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc., submitting the Foundation's audited Report and Financial Statements for the year ended December 31, 1999, as received and approved by the Board at its May 25, 2000 meeting, also at which Harry Gaunce's letter of resignation was tabled and his resignation was accepted, the Board to submit a replacement for Mr. Gaunce to Common Council within six months; and recommending that Kenneth V. Cox and James Morrell be re-appointed Governors for a term ending December 31, 2002, or until their successors are appointed, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 28A. Saint John Parking Commission - Parking Meter Bv-Iaw Amendment Re Lot At 13-19 Charlotte Street On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Saint John Parking Commission advising of the need for an amendment to the Parking Meter By-law with the completion of the parking lot at 13-19 Charlotte Street (old Shoppers Drug Store), to establish parking zones for the purpose of parking vehicles, by an amendment to Schedule "B" of the By-law to add the following words "Charlotte Street parking lot", be received and filed: AND FURTHER that the by-law to amend the Parking Meter By-law, with regard to the parking lot at 13-19 Charlotte Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-law. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law to amend the Parking Meter By-law, with regard to the parking lot at 13-19 Charlotte Street, be read a second time. Question being taken, the motion was carried. 88-77 COMMON COUNCIL JULY 4,2000 Read a second time the by-law to amend the Parking Meter By-law. (Councillor Trites re-entered the meeting.) 29. Patterson Palmer Hunt Murphy Law (a) Policy To Regulate Sidewalk Cafes (b)(c) Use Of Sidewalk Areas For Construction Of Temporarv Boardwalks On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letters from Peter R. Forestell of Patterson Palmer Hunt Murphy Law (a) suggesting that the City of Saint John implement a policy to regulate sidewalk cafes in the City to encourage restaurant owners who wish to have such a facility comply with certain safety standards, and encouraging Council to support the initiation by the City of Saint John to implement a policy similar to Fredericton's policy as submitted; and (b) requesting permission, as solicitors for Paul Grannan and his various restaurants in the City, to use the sidewalk area in front of Steamers Lobsters on Water Street and in front of Mexicali Rosa's on Prince William Street, and (c) Prince William and Canterbury Streets, on which their client, would construct temporary boardwalks in the parking areas located immediately in front of his premises to the specifications set out in the City of Fredericton policy, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 30. First Westmorland Shopping Centres Limited Amendment To Section 39 Conditions Of Re-ZoninQ Of 450-500 Westmorland Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of First Westmorland Shopping Centres Limited for an amendment to the Section 39 conditions of re-zoning of property located at 450-500 Westmorland Road be withdrawn from the agenda of this meeting, having been dealt with at the last Council meeting. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting.) 31. Oasis Construction - HIP Grant For Development On St. James Street Consideration was given to a letter from Stephane Eden of Oasis Construction advising that Oasis Construction, in initially applying for a grant under the Housing Incentive Program, was required to inform the Planning Department of the full scope of its plans for the development of the parcel of land on the north side of St. James Street between Charlotte and Germain Streets and, in doing so, the information supplied was understood to be its long-range plans for the total development of this parcel of land, comprising two separate developments, and at no time was there ever the intent or means of completing both developed sites all at the same time and the second phase was clearly predicated on the completion and sale of the first set of semidetached homes; and also advising that the first phase, consisting of two semidetached homes, is now nearing completion enough to request payment of the grant for these units. Mr. Baird advised that the policy on the Housing Incentive Program was quite clear in that, when Council approves a development of four units or less, all of the units must be completed and, when the above application was made, it was for four units and, in fact, had the application been for two units, in this particular case the land was large enough and capable of accommodating four units; so, if the applicant had only applied for two units, it would not have met the guidelines and it would not have been approved in the first place, so there is really no ambiguity in this case as the applicant needs to complete all four units and he still has sufficient time to do that. 88-78 COMMON COUNCIL JULY 4,2000 On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that a letter be forwarded to Oasis Construction in response to its letter concerning a Housing Incentive Program grant for a development on St. James Street as outlined above by Mr. Baird. Question being taken, the motion was carried. 32. David McCormick - Mobile Home Placement At 1290 Grandview Avenue On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from David McCormick asking for the renewal of the temporary permit for the mobile home at 1290 Grandview Avenue, be received and filed and the request be granted on a temporary basis for one year. Question being taken, the motion was carried. 33. Sheila Anne MacDonald Re-ZoninQ 1384 Red Head Road On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the application of Sheila Anne MacDonald for the re-zoning of property located at 1384 Red Head 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, August 14,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 34. Thomas Developments Ltd. Re-ZoninQ 1384 Old Black River Road On motion of Councillor White Seconded by Councillor Court RESOLVED that the application of Thomas Developments Ltd. for the re-zoning of property located at 1384 Old Black River 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, August 14, 2000, at 7:00 o'clock p.m. (Rescinded July 17,2000 Bk. 88 Pg.101 ) Question being taken, the motion was carried. 35. Dialogue New Brunswick Re Objectives And Activities On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Dialogue New Brunswick advising that it would greatly appreciate the opportunity to present its objectives and activities to the members of Council during a regular public meeting, be received and Dialogue New Brunswick be invited to appear before Council. Question being taken, the motion was carried. 88-79 COMMON COUNCIL JULY 4,2000 36. Canada Day Celebration Committee Request For Financial Support On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Canada Day Celebration Committee for Saint John requesting financial support to help cover the cost of the flag-raising ceremony and planned activities to celebrate Canada Day in Saint John, be laid on the table until the next meeting pending receipt of a financial statement. The Mayor noted the request for $1,000 and, upon Councillor White's proposal of a motion to refer the matter to the City Manager, advised that it would be up to Council to decide in this regard, and suggested that Council should have a financial statement. Councillor Desmond proposed a motion that, if a financial statement were provided, the request be granted, whereupon the Mayor suggested that Council should first see the financial statement. Question being taken, the tabling motion was carried. 37. Pauline Head - Petition Re Pits And Quarries On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Pauline Head of 42 Old Orchard Lane submitting a petition with respect to problems being experienced as a result of having Brookville Manufacturing, a rock quarry, in the neighbourhood, and advising that the community feels it necessary to have input into the by-law that governs pits and quarries and there should be consultation with the residents before new certificates of approval are issued, be laid on the table until the proposed Municipal Plan amendment on policies for pits and quarries is considered by Council, and Mrs. Head be advised of the process in this regard. Councillor Fitzpatrick proposed that the letter be referred to the Planning Advisory Committee, and Mr. Nugent expressed the view that, as the above letter was written prior to Council's recent decision to initiate the reconsideration of possible amendments to the Municipal Plan and Zoning By-law, it would probably be the best course of action for Council to take to table the document until the conclusion of the thirty-day period following public presentation on July 17 at which time it would be brought back to Council. Question being taken, the tabling motion was carried. 38. Pits And Quarries Study Residents' Committee LeQallssue Raised At Mav 15, 2000 Public HearinQ On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from David Bowen, Chairman the Pits and Quarries Study Residents' Committee, referring to a legal issue raised on behalf of the Committee at the May 15, 2000 public hearing respecting the proposed new pits and quarries zone, this being the belief that, under the existing Municipal Development Plan and Zoning By-law, pit and quarry uses of land are not permitted within the RF (Rural) zoning district, and insisting that this matter be acted upon and that correct interpretation be forthcoming, be received and filed and the City Solicitor be asked to respond to Mr. Bowen. Mr. Nugent advised that the issues that Mr. Bowen raised on behalf of the Committee were essentially the same arguments that were raised several years ago in a 1992 appeal hearing held before the Provincial Planning Appeal Board that dealt with Brookville and, while the issues in that case related specifically to limestone quarrying as opposed to gravel pits, the nature of and the response to the arguments were the same; 88-80 COMMON COUNCIL JULY 4,2000 and advised that, as in 1992, his view was that the arguments that Mr. Bowen raised on behalf of the Committee should not prevail and, in fact, they were not correct, such view having been presented to the Board which accepted the City's submission and denied the appeal. Mr. Nugent also advised that, having again reviewed the arguments raised on behalf of the Committee and the earlier decision received from the Provincial Planning Appeal Board in the matter, his view today is the same as it was eight years ago, that being that the Zoning By-law does, in fact, allow excavation in the three zones identified in Section 880, and that the Municipal Development Plan does not operate to prevent excavation to occur in those three zones, and therefore what the City must acknowledge is the situation today that, if someone wishes to apply for an excavation permit under Section 880, he is entitled to do so and, if he meets the requirements of the By-law and his land is within a rural or heavy or light industrial zone, then he is entitled to obtain an excavation permit. Question being taken, the motion was carried. Adjournment The Mayor noted the intent to meet in Committee of the Whole commencing at 4:00 o'clock p.m. on July 17, 2000, with the regular meeting to commence at 7:00 o'clock p.m. on that date, and the meeting adjourned. Common Clerk