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2001-03-05_Minutes 88-389 COMMON COUNCIL MARCH 5, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of March, AD., 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; R. Pollock, Planner; C. Campbell, Planner; G. Tait, Fire Chief; A. Bodechon, Deputy 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 Vincent RESOLVED that minutes of the meeting of Common Council, held on February 19, 2001, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment Chown Field. CrownlPaul Harris Street Public presentation was made of a proposed Municipal Plan amendment which includes the Peninsula Neighbourhood Plan with respect to a property located at the corner of Crown Street and Paul Harris Street with an area of approximately 3.3 acres and having NBGIC Number 411595, also known as Chown Field, by (1) amending Schedule 2-A to redesignate the property from Open Space to Major Community Facilities; and (2) amend Schedule 2-C to redesignate the property from Open Space to Community Facilities, to permit the re-zoning of the property from a "P" Park zone to an "IL" Major Institutional zone which would permit the construction of a police headquarters facility, as initiated by the City of Saint John. The Mayor asked if the date for the public hearing for the proposed amendment had been worked out, to which Mr. Pollock advised that the earliest date would be in early June for the reason that, although Council would be in a position on April 9 after the expiration of the thirty-day period to refer the matter to the Planning Advisory Committee and set the public hearing date for what would normally be May 14 due to the notice requirements in the Community Planning Act, May 14 is the municipal election date, so it would have to be a date after that. 6. Mavor's Remarks Mayor McAlary proclaimed March 2001 as International Kidney Month in the City of Saint John, and Paul Hill addressed Council in this regard on behalf of the Saint John Chapter of the Kidney Foundation on the door-to-door fund-raising campaign to be held in the City during March. The Mayor also proclaimed March 4 to 10 as Dental Assistants' Week in the City of Saint John; noted the forthcoming celebration of International Women's Day to be held in Market Square on March 8, and encouraged 88-390 COMMON COUNCIL MARCH 5, 2001 citizens to support the Saint John Flames Hockey Team by purchasing season tickets to ensure that it remains in the City for the next number of years. Mayor McAlary commended those involved in attracting CanJet, a discount air carrier, to the Saint John Airport. 7. SmokinQ Bv-Iaw Read a letter from Councillor Chase advising that he wished to address the issue of Saint John's Smoking By-law. Councillor Chase noted the ongoing citizens' campaign to have public places in Saint John as a hundred percent smoke-free environment; and expressed the view that, given that there has been no charges under the City's Smoking By-law and that there has been only a couple of complaints on a yearly basis, the By-law is fairly effective; however, it may be timely and appropriate for the City to look at the Smoking By-law to see if it is still effective and if it needs to be strengthened or remain the same. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the matter of the Smoking By-law be referred to the City of Saint John Environment Committee for a recommendation to Council and that the Committee involve a public process in developing that recommendation. The Mayor, in advising that she had received over a hundred e-mails in the last two weeks asking that the Smoking By-law be reviewed, suggested that Council would have to go through a public hearing process in order to change the By-law, having done so prior to its enactment. Councillor Titus, on a point of order, expressed the view that this was a case where Council members should have some background, such as a copy of the Smoking By-law, before making any referrals or taking any action in this regard, whereupon the Mayor suggested that the matter could be tabled until Council was provided with a copy of the By-law. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 8. Use of Transponders At Harbour BridQe Read a letter from Councillor Fitzpatrick advising that he would like the opportunity to make a five-minute presentation, accompanied by Jack Keir, on the use of transponders, following which he would make a motion to refer this to the City Manager and appropriate staff with a view of the City adopting the use of the passes. Councillor Fitzpatrick, having withdrawn from his place at the Council table, addressed Council from the podium as Vice Chairman of the Saint John Harbour Bridge Authority; noting the presence of Jack Keir, General Manager, and Del O'Brien, Chairman, of the Authority, and the intent for Mr. Keir to make a brief presentation on the use of transponders at the Harbour Bridge; and he subsequently returned to his place at the Council table. Jack Keir displayed an electronic tag and apprised Council of the Authority's efforts, during the last year, to put together an electronic system, the original plan having been to get the large truck traffic involved as that was where the saving would be in that the ticket system used was costing approximately $25,000 to $30,000 a year in printing costs; however, as daily commuters also bought into the system for the efficiency and ease of use, the Authority has now managed to get about 3,000 of the tags out into the City streets. Mr. Keir advised that the electronic system was working very well and the Authority was quite pleased with it, and commented on future plans with regard to booth renovations, lane changes and signage to provide for two inside truck lanes to be used for automatic vehicle identification use only. 88-391 COMMON COUNCIL MARCH 5, 2001 Mr. Keir responded to questions in the above regard during which time, in terms of savings to the City of Saint John if it changed from its current use of the ticket system to the electronic system, advised that currently the cost to the City was thirty-five cents for many its vehicles to use the Harbour Bridge, while the cost with the electronic system would be fifteen cents if the vehicles could fit through the two lanes; and added that the City makes two separate purchases from the Authority in buying tokens for some of the cars and tickets for garbage trucks, for example. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the presentation on behalf of the Saint John Harbour Bridge Authority on the use of transponders at the Harbour Bridge be referred to the City Manager for report as soon as possible with a view to utilizing the transponder passes. Question being taken, the motion was carried. 4. Total Golf ManaQement. Inc. - Rockwood Park Golf Course Gerry Connolly, President of Total Golf Management, Inc., apprised Council of the current state of affairs at the Rockwood Park Golf Course and Aquatic Driving Range, his Company having been awarded a contract for the operation of these City facilities six years ago, noting that this contract limits the number of season passes that may be issued each year to a total of 250 to ensure the public nature of the Golf Course is protected allowing people to play golf for an entire golf season for a fixed fee while providing no privileges more than those provided to the public or green fee player, and commenting on the community-oriented nature of his Company through its support of charitable programs/events, as well as on its employees, marketing efforts and services offered. Mr. Connolly advised that golf course usage at Rockwood Park has stabilized during the past three years at an average of about 32,000 rounds per year, representing an increase in usage of more than 35 percent compared to the best year from a usage perspective prior to private operation, and that some fees have remained the same while others have increased in the range of only two to three percent per year; and also advised of new equipment procured and several major capital projects completed by Total Golf Management, Inc. since 1995, referencing a binder of photographs which was circulated among the Council members during his presentation. Mr. Connolly responded to questions on Golf Course usage and green fees charged for this usage, noting that, in accordance with the contract, he would be submitting his fee structure for approval by Council at a later date; and the Mayor thanked Mr. Connolly for his comments and recognized John Skead of Total Golf Management, Inc. and the season pass holders who were present at the meeting. 5. Environment Committee - Noise Pollution Mike Bonga of the City of Saint John Environment Committee was in attendance at the meeting to present the third in a series of draft policy documents regarding Part Three of the Municipal Plan, this presentation concerning noise pollution, and, referring to the previously-submitted brief and accompanied by a computer-aided presentation, highlighted the proposed subsection 3.3.9 of the Municipal Plan, including the following as Obiectives (a) to ensure protection to the citizens from the adverse impacts of unacceptable levels of noise and (b) to facilitate noise reduction in development to minimize the exposure of inhabitants to noise levels which could adversely impact their health and well being. Under Policies - 3.3.9.1 no person shall make, cause, or permit noise which disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the City, and 3.3.9.2 in the development of new commercial or private properties, the City will consider all sources of noise and avoid areas where there are known problems and, to achieve this, it is necessary to develop skills within the City's technical department to evaluate existing noise conditions, Mr. Bonga summarized the recommended policies with respect to (1) residential and industrial development within areas affected by noise from airports, highways, arterial roads, major collectors, parkways and railways; (2) the establishment of a baseline of noise levels within the City and the improvement of known noise sources, having identified, through the development of contour maps, noise sources and levels of a constant, intermittent and transient nature and minimizing the effect of such 88-392 COMMON COUNCIL MARCH 5, 2001 noise through the establishment of effective noise barriers such as trees or engineered structures, a review and update of current by-laws, and improved by-law enforcement. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the above presentation on behalf of the City of Saint John Environment Committee be received and filed. Question being taken, the motion was carried. 9. Support For Development Of Forest Glen Plav Park Consideration was given to a report from the City Manager advising that a letter was received on November 17, 2000 from Premier Bernard Lord, Minister responsible for the Regional Development Corporation, advising that assistance in the amount of $10,000 was approved, under the Youth Community Assistance Program - a new program for the Province of New Brunswick which was brought to staff's attention in the summer of 2000 and through which, with Council's previous concurrence, staff applied for funding to construct an all inclusive play park at the Forest Glen Community Centre; and also advising that the project, which was estimated to cost between $230,000 and $300,000, is also eligible for funding in future fiscal years for which applications will be made, and it is proposed to fund the project as follows: United Commercial Travellers (committed) $50,000, Youth Community Assistance Program (committed for 2000/2001) $10,000, Land For Public Purposes Trust (Council approval required) $100,000, other foundations and partners (discussions underway) $70,000 to $140,000. The report further advises that, to maximize the capital investment development, City staff will undertake site preparation and equipment installation as much as possible as part of normal operations, and sets out a recommendation for Council's consideration. On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council support the development of an inclusive play park in Forest Hills at an estimated cost of $230,000 - $300,000 with the City of Saint John providing funds from the Land for Public Purposes Trust Fund in an amount up to $100,000, such funds to match contributions of others, dollar-for-dollar, to a maximum of $100,000, subject to the equipment supplier providing confirmation satisfactory to the Commissioner of Community Services that the equipment supplied and installed fully meets CSA standards, and a certificate being received from the Superintendent of School District #8 stating that the playground at the Forest Glen School shall be open for the recreational use and enjoyment of the general public. Question being taken, the motion was carried. 10. Request To ChanQe Lackie Road To No-TruckinQ Road On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the report from the City Manager, further to the request to Council on February 12, 2001 to change Lackie Road to a no-trucking route, advising that Lackie Road is not designed as a truck route and is designated as a Private Road 1 in the City of Saint John list; also advising that, under Sections 16 and 18 of the Traffic By-law, trucks are permitted to utilize that section of any roadway along which they are making a delivery or receiving a delivery and, in this case where the residents wish to prevent the use of the roadway by trucks, the Traffic By-law does not have the authority to put this in place when a legitimate business exists on the roadway, and restrictions on use fall within the Zoning By-law; and further advising that Lackie Road has been identified as a future project for ditching, grading and chipsealing, however, it has not been scheduled pending budget resources and policy direction on the servicing of private roads, be received and filed and a copy be forwarded to the residents requesting the change. 88-393 COMMON COUNCIL MARCH 5, 2001 Mr. Pollock responded to a reference to the Planning Advisory Committee's recent approval of a proposal to access a woodlot operation directly from Latimore Lake Road, one of the conditions of this approval being that there be no access to Lackie Road from this operation. Councillor Vincent expressed the view that it was stretching the interpretation of Sections 16 and 18 of the Traffic By-law to suggest that a large heavily-loaded truck carrying a pile of logs on it or other material picked up at a specific location could use Lackie Road to get to another point; expressed concern about the safety of Lackie Road for residents and children who travel on it; and advised that he would like staff to indicate to Council that, notwithstanding Sections 16 or 18 of the By- law, Lackie Road has been examined by staff and staff considers it safe for that type of transport, bearing in mind the shape, width and condition of the Road, and to advise Council who would look after any violations on that Road. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager for a report to Council at the next meeting. Question being taken, the referral motion was carried. 11. Request For Stop SiQn On Mark Drive On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the report from the City Manager advising that, further to the February 12,2001 referral of the request for a stop sign on Mark Drive at Bonita Avenue, a technical analysis of such a request on a through street does not support its installation as a speed control device or its need to define right-of-way and the installation of a stop sign in such a location would cause unexpected stops with the potential for additional accidents and could be a frustration to motorists; also advising that the Police Force has provided a record on the number of accidents which shows no accidents on Mark Drive near Bonita Avenue in 2000 and also that, as in general there have been few reported incidents on Mark Drive near Bonita Avenue and Michael Crescent, any action that would disrupt traffic flow is not recommended, and also that the Legal Department has advised the importance of carefully following the specific guidelines and recommendations described in the Manual of Uniform Traffic Control Devices to avoid liability claims; and submitting a copy of Guidelines for Applications for Stop Signs, be received and filed. Councillor Chase advised his disagreement with the above report on the basis that sometimes Council buries itself in the legal what-ifs that it simply avoids doing the safest thing possible, in this case putting up a stop sign. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with Councillors Chase and Vincent voting "nay". (Deputy Mayor Chase withdrew from the meeting as he was not present for the February 19, 2001 public hearings for the proposed re-zoning of property at 1433 Loch Lomond Road and 1099 Kennebecasis Drive, and for the proposed Street Closing By-law amendment with respect to Wellington Street.) 12. Zoning By-law Amendment And Imposing Of Section 39 Conditions. 1433 Loch Lomond Road On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-564 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 1433 Loch Lomond Road, having an area of approximately 1,286 square metres (13,843 square feet), also identified as being a portion of NBGIC Number 55147979, from "RS-2" One and Two 88-394 COMMON COUNCIL MARCH 5, 2001 Family Suburban Residential to "IL-1" Neighbourhood Institutional 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 the following conditions: (a) the subject site be limited to a day care centre for not more than forty-five (45) children; (b) the property be developed and maintained in accordance with a detailed site plan approved by the Development Officer, illustrating a paved commercial access, gravel parking area for at least nine (9) vehicles, a suitable gravel turnaround facility, and an enclosed outdoor play area, and that such plan include: (i) the commercial access, parking area and turnaround facility being at least 4.5 metres (15 feet) from any common property boundary; and (ii) the play area enclosed by a board-on-board fence with a minimum height of 1.5 metres (5 feet) and being at least 7.5 metres (25 feet) from any common property boundary; and (c) the commencement of the day care centre not occur until such time that the commercial access, parking area and turnaround facility are developed to at least a granular base, subject to the satisfaction of the Development Officer and in accordance with the above-mentioned site plan, and that access be paved and the outdoor play area be completed by no later than July 1, 2001. The by-law entitled, "By-law Number C.P. 100-564 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. 13. Zoning By-law Amendment To Re-Zone 1099 Kennebecasis Drive On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-565 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 1099 Kennebecasis Drive (a portion of NBGIC Number 00049460), having an area of approximately 3,191 square metres (34,349 square feet), from "P" Park to "R-1A" One Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-565 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. 14. Street ClosinQ Bv-Iaw Amendment - WellinQton Street On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to stopping up and closing the following portion of highway: WELLINGTON STREET - All that portion of Wellington Street, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, lying south of Rockwood Avenue comprising 1676 sq.m. and shown on a survey plan titled "Plan of Survey Portion of Wellington Street, a Public Street City of Saint John, Saint John County, N.B." surveyed by John F. Quigley N.B.L.S. #297, P.Eng., dated December 14, 2000. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. In response to Councillor Vincent's concern about the effect the proposed street closure and subsequent land assembly and development might have in terms of drainage and flooding problems, Mr. MacKinnon noted that the developer would be required to submit storm drainage plans to City staff and the Planning Advisory Committee for approval and surface drainage would have to be taken away from the 88-395 COMMON COUNCIL MARCH 5, 2001 site. Councillor Desmond spoke to the issue of drainage and possible flooding in the area, expressing concern that Council's action could create unnecessary problems for residents in the area if this were not looked into prior to third reading of the proposed By- law amendment, and proposing that third reading be tabled for at least three weeks until the snow is gone and staff has a proper chance to look at what drainage will be required there. (Councillor Fitzpatrick re-entered the meeting during the above discussion.) On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that third reading of the above By-law amendment be laid on the table for at least three weeks. Question being taken, the tabling motion was carried with the Mayor and Councillors Fitzpatrick and Titus voting "nay'. 15. 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 19, 2001, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John acquire a 51.4 m2 :t portion of 37 Somerset Street, as generally shown on the submitted plan, for the future widening of Somerset Street, from Canterbury Developments Ltd. for the price of $15,000 (plus HST, if applicable); that prior to closing and at its sole means and expense, Canterbury Developments Ltd. shall demolish the dwelling at 37 Somerset Street and dispose of the demolition debris to the satisfaction of the City's Building Inspector; and that the closing date shall be on or before 21 days from the date the subject dwelling at 37 Somerset Street is demolished. March 5, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Land For Street Purposes. 37 Somerset Street On motion of Councillor Titus Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 16. Planning Advisory Committee - Re-Zoning Of Portion Of Bon Accord Subdivision Consideration was given to a letter from the Planning Advisory Committee submitting a report from Planning staff considered at the Committee's February 13, 2001 meeting regarding Blanchard Homes Ltd.'s application for variances to permit the construction of a one-family dwelling at 42 Strathorne Avenue, and including a recommendation that consideration be given to the re-zoning of a small section of Bon 88-396 COMMON COUNCIL MARCH 5, 2001 Accord Subdivision located at the western ends of Strathorne Avenue and McGregor Place which, if approved, would place this small section of the Subdivision in the same zoning as the majority of Bon Accord. On motion of Councillor Titus Seconded by Councillor White RESOLVED as recommended by the Planning Advisory Committee, Common Council (a) initiate the process of re-zoning that portion of the Bon Accord Subdivision currently within the "RS-2" One and Two Family Suburban Residential zone, located at the western ends of Strathorne Avenue and McGregor Place, being NBGIC Numbers 55147243,55147250,55147268,55147227, 55147219,55147201,55096309,55086755 and portions of 55147185,55096325, 55096317, 55096291, 55096283 and 55086714, from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification; (b) refer the proposed re-zoning to the Planning Advisory Committee for a report and recommendation; and (c) authorize the necessary advertising in this regard, with the public hearing to be held on Tuesday, April 17, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. Planning Advisory Committee - St. Joseph's Hospital Entrance Renewal. 130 Bavard Drive On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted tentative subdivision plan, entitled "Sisters of Charity of the Immaculate Conception Subdivision, Bayard Drive, City of Saint John, Saint John County, New Brunswick", with respect to the vesting of an approximately 77 -square-metre parcel of land as a public street, together with any required municipal services easements and public utility easements; (2) authorize the conveyance to the Atlantic Health Sciences Corporation and/or The Sisters of Charity of the Immaculate Conception of a 77-square-metre parcel of land, being that portion of the former Bayard Drive street right-of-way that was closed by by- law on February 12, 2001, as illustrated on the submitted "Plan of Survey Showing a portion of Bayard Drive, City of Saint John, Saint John County, New Brunswick"; and (3) grant a licence to the Atlantic Health Sciences Corporation and/or The Sisters of Charity of the Immaculate Conception to overhang the proposed entrance canopy for St. Joseph's Hospital over the street right-of-way of Bayard Drive, with a minimum clearance of 14.5 feet and approximate overhang of 8 feet, as generally illustrated on the submitted plan entitled, "St. Joseph's Hospital Main Entrance", and the Atlantic Health Sciences Corporation and/or The Sister of Charity provide commercial liability insurance in the standard amount that the City requires in the circumstances. (Councillor Desmond withdrew from the meeting.) Mr. Nugent made the observation that, although it was a bit unusual for the Planning Advisory Committee to recommend that Council take action with respect to granting an interest in property, the background of this has already been established by action Council has already taken; and suggested that, with respect to the licence, at a minimum, Council should also be asking that the Atlantic Health Sciences Corporation and/or The Sister of Charity provide commercial liability insurance in the standard amount that the City requires in the circumstances; and the mover and seconder agreed to add this to the motion. Question being taken, the motion was carried. 18. The Educational Partnership Centre Of Greater Saint John - BusinesslEducation Forum Read a letter from The Educational Partnership Centre of Greater Saint John requesting a donation of $2,500 to help defray the costs of the delivery of a Business/Education Forum in early April 2001. 88-397 COMMON COUNCIL MARCH 5, 2001 The Mayor suggested that, as the Business/Education Forum was a very important initiative and Council might not be able to afford the amount requested, Council might want to consider sponsoring a coffee break by providing an unspecified grant of $500 to $700. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that Common Council sponsor the Business/Education Forum to be hosted by The Educational Partnership Centre of Greater Saint John in early April 2001 in an amount up to $700. (Councillor Desmond re-entered the meeting.) Question being taken, the motion was carried. 19. Uptown Saint John Inc. - Appointment To Saint John Development Corporation Board On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from Uptown Saint John Inc. advising of the appointment, by its Executive and Board of Directors, of David O'Brien as its representative to join the Board of Directors of the Saint John Development Corporation, be laid on the table until all the legal work is completed. Question being taken, the tabling motion was carried. 20. Horst Sauerteig - Office Buildingllnterpretation Centre At Crane Mountain Landfill Site On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Horst Sauerteig submitting copies of correspondence and sections and/or articles from the Clean Environment Act further to his request for information on the office building/interpretation centre at the Crane Mountain landfill site; commenting on the more than $800,000 cost of the subject building/centre, as well as his concern that, if the Fundy Region Solid Waste Commission's budget is not scrutinized by the participating municipalities, including Saint John, the Commission could spend money indiscriminately and Saint John would be liable for defaults in any payment by the Commission arising out of such a budget; and questioning Council's obligation, as representatives of the people of Saint John, to probe the fiscal decisions of the Commission and make members of it more accountable to the taxpayers of the City and the Fundy Region, be referred to the Fundy Region Solid Waste Commission for action. Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, circulated photos of children who visited the landfill site as part of the Commission's education program, and read letters, which he advised, were received by the Commission Education Officer, to demonstrate the importance of education in forming good attitudes in the children as the stewards of the City's environment. (Deputy Mayor Chase and Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 21. Mispec Park Recreation Committee Inc. - Mispec Park On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from Brian I. Harris, Chairman of Mispec Park Recreation Committee Inc., noting the improvements made at Mispec Park in the nearly five years since the Committee decided to try to 88-398 COMMON COUNCIL MARCH 5, 2001 rejuvenate it; and advising, with regret, that the group is no longer interested in volunteering to work at Mispec Park, be referred to the City Manager. Question being taken, the motion was carried. 22. Patterson Palmer Hunt Murphy - Construction Of Temporarv Patio. Prince William/Canterburv Streets On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from Patterson Palmer Hunt Murphy Law submitting a copy of Common Council resolution of July 31, 2000 granting temporary permission to 049313 N.B. Ltd. for Mexicali Rosa's and 056393 N.B. Ltd. for II Fornello to use the sidewalk areas and adjacent parking spaces on Prince William Street and Canterbury Street to construct a temporary patio subject to the stated conditions; and asking that the same permission be approved for the period from May 15, 2001 to September 30, 2001 on the same terms and conditions as in the earlier permission; and submitting a copy of the architect's plans, be referred to the City Manager and the City Solicitor. Question being taken, the motion was carried. 23. Residents' Committee, Pits And Quarries Study Municipal Plan And Bv-Iaw Amendments On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from David R. Bowen, Chairman of the Residents' Committee, Pits and Quarries Study, regarding the Municipal Plan and Zoning By-law amendments for pits and quarries which were given third readings at the February 19, 2001 Council meeting; advising of the Committee members' disappointment and concern with the results of the process to site and control aggregate resources operations; and requesting that, now that the Municipal Development Plan and By-law amendments have been approved with relation to aggregate resources development, Council immediately commence appropriate changes to the document and strike a committee comprised of three members of the original Residents' Committee (namely David Bowen, Margaret Dubee and Elizabeth Cann), three members of the Operators' Committee and three members from City Hall (one Councillor, one member from the Planning Department and one member from the Building Inspector's staff), be referred to the City Manager. The Mayor asked for a referral motion on the basis that there was no need to establish a new committee as there was one already in place, noting Mr. Bowen's membership on that committee. Question being taken, the motion was carried. 24. Neil G. Hanlon, CGA - Re-Zoning Of Property At 74 Loch Lomond Road On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the application of Neil G. Hanlon, CGA, for the re-zoning of property located at 74 Loch Lomond 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 Tuesday, April 17, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-399 COMMON COUNCIL MARCH 5, 2001 25. Dr. William Shaw I Dr. Jeffrey Bower Re-ZoninQ 153 Cranston Avenue On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the application of Dr. William Shaw and Dr. Jeffrey Bower for the re-zoning of property located at 153 Cranston Avenue 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 Tuesday, April 17, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. Vi Matheson - Service On Seniors' Advisorv Committee On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Vi Matheson advising of her objective to use her experience to serve on the seniors' advisory committee for the City of Saint John to ensure the needs of seniors that require attention by the committee and to work with municipal departments and committees by providing advice and information if needed; and providing information on her involvement as a volunteer in seniors' groups, be referred to the Nominating Committee. Question being taken, the motion was carried. 27. Hank E. Merchant - Amendment To Municipal Plan Re Cedar Point Estates Expansion On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that, with regard to the letter from Hank E. Merchant, a Director of 512531 N.B. Ltd., requesting to withdraw the application for a proposed Municipal Plan amendment for the Cedar Point Estates expansion, the application be withdrawn. Question being taken, the motion was carried. 27 A. 2001 Canadian Artistic Gymnastics Championship Committee - Request For Support On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from the 2001 Canadian Artistic Gymnastics Championship Committee requesting the City to show its support for the 2001 Championship event, scheduled for May 20 to 26 at Harbour Station, by providing a sponsorship of $10,000 in goods and services and, specifically, to help offset the rent charge at the Trade and Convention Centre which will be converted into a training gymnasium for use by the athletes; and advising that the Committee, in return, will provide a fulfillment package offered to the Gold Level Sponsors, as indicated in the submitted information, be referred to the City Manager for further information on the event and the goods and services requested. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk