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1990-01-15_Minutes 82-160 COMMON COUNCIL JANUARY 15,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of January, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; M. Jamer, Director of Works Operations; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; C. Campbell, Manager - Policy Division, Planning; J. Baird, Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend 1. J. Daley, Chancellor of the Roman Catholic Diocese of the City of Saint John, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on January 8, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to the persons involved in the January 13 New Brunswick Outdoor Speedskating Championship held at Lily Lake; extended condolences to the family of the late Mr. William H. Ross, a former superintendent of the Lily Lake Pavilion, who passed away on this date; and proclaimed the week of January 21 to 27 to be VON Week in the City of Saint John in recognition of the contribution made to the City by the Victorian Order of Nurses and, at the Mayor's invitation, Mr. Reginald Wanamaker, a member of the Board of Directors of VON, introduced other Board members present in the Council Chamber and commented on the services provided by the Victorian Order of Nurses. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager (copies of which were forwarded to Council members as an information item), regarding the enforcement of the Minimum Property Standards By-Law, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor A Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting copies of correspondence from Mr. Malcolm G. Berry, President of the Board of Directors of Amana House, including background information on the establishment of Amana House and on other facilities for chemically-dependent women from other parts of Canada; expressing the understanding that there are 102 of these facilities in the United States and that, at present, there are facilities in Edmonton, Ottawa and Vancouver, as well as Prince Edward Island and, yet for some reason, 82-161 COMMON COUNCIL JANUARY 15,1990 Amana House has been refused funding in New Brunswick; and recommending that a meeting be set up immediately with the Board of Directors of Amana House to get further particulars and that arrangements be made to meet immediately with the MLAs in this regard -- be received and filed and the recommendation adopted with Council to meet first with the MLAs followed by a meeting with the Board of Directors of Amana House if determined necessary to do so. During discussion the mover and seconder of the motion concurred with Councillor Coughlan's suggestion that, as Amana House is funded by the Province, rather than meeting first with the Amana House Board as proposed, Council should first meet with the MLAs to determine what, if any, concerns the Provincial Government may have with respect to Amana House, following which Council will determine if it should meet with Amana House. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a copy of a press release from Baxter Foods Limited, and a copy of an article published in The Evening Times-Globe newspaper on January 9, concerning a cold storage plant in Saint John; noting that the press release contradicts what the Minister of Agriculture says about cold storage at Bayside; and recommending that Council ask for a meeting with the MLAs to deal with this matter immediately -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that the contents of a newspaper article in the January 10 edition of The Evening Times-Globe met staff's objective of clarifying the activities in which the Building Inspection Department is engaged in its efforts to enforce the Minimum Property Standards By-Law, although the headline, "Standards law not enforced", was created by the editor; also advising that, while no charges have been laid by the Department since the By-Law was approved in 1984, it is unfortunate that the article emphasizes charges and legal action and that, in fact, staff has investigated in excess of 1,000 properties and less than 50% of those have required consideration for the legal procedures prescribed in the By-Law; and explaining that the reason that no charges have been laid is not that the By-Law has not been enforced but rather that the public has perceived the enforcement activity to be so reasonable and persistent as to encourage compliance voluntarily -- be received and filed. The Mayor concurred with Councillor Rogers' suggestion that staff should make a presentation in public session of Council on January 29 in order to familiarize all concerned with the minimum property standards program. Question being taken, the motion was carried. Mr. K. Owen Boyle of 375 Prince Street West appeared before Council and presented his previously-submitted brief addressing reasons and suggestions why the Bi-Capitol Project should be terminated, such brief commenting on the Project from August 1982, at which time the citizens of Saint John were invited to participate in a million dollar fund-raising venture to purchase the Capitol Theatre from The Full Gospel Assembly, to date, at which time the financial package and the $5 million endowment fund is not in place, nor is the land acquisition completed. Mr. Boyle commented on The Market Square Corporation's report on the Project, the results of his telephone poll carried out in the fall of 1989 and the response to two CFBC-Radio talk shows concerning the Project; cited examples of a wide range of performing arts groups in the City and groups for which the City of Saint John assumes the deficits; concluded that, having tried to point out (a) the faults of the project and why it should not be continued, (b) that the majority of citizens want the building levelled, (c) that cultural interest in 82-162 COMMON COUNCIL JANUARY 15,1990 Saint John is unpredictable, (d) that the financial failure of cultural events in the past has been too costly for tax payers, and (e) that Saint John has enormous day-to-day financial obligations and the City has many worthy projects to which it is already committed to financing, the building should be levelled. During discussion Mr. Boyle advised that he was not involved in the initial fund-raising venture to purchase the building and that the $5,378,437 amount referred to in his brief as having been delivered by The Honourable Gerald Merrithew, local MP, to December 1988, was included in a brochure handed out by The Honourable Mr. Merrithew during his election campaign, although there was no breakdown included of how such funds were expended. The Mayor thanked Mr. Boyle for his presentation and advised that Council would render a decision in this regard later in the meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. 10th Floor, City Hall - Interior Renovations Erb Enterprises Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 9, 1990 $22,396.25 22,396.25 Nil 19,036.81 $ 3,359.44 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the report from the City Manager explaining, further to Council's January 2 request for information on priorities for the plowing of sidewalks in the City during the winter months, the sidewalk plowing priorities as well as the philosophy behind the City's sidewalk snow control response; advising that a complete copy of the Snow Control Manual, which summarizes the snow control priorities for both streets and sidewalks, will be placed in the Councillors' Office on the 8th floor of City Hall, the purpose of this Manual being to provide a basis of operation for all Works Department staff, from equipment operators to managers, as it is important that the service provided be as consistent as possible in that the priority given should not change from one snow storm to the next; also advising that the current Snow Control Plan was last revised in 1989, with major revisions having occurred in the last three to four years due mainly as a result of the addition of new equipment to the City fleet and the addition of new streets and sidewalks to the City's existing inventories; commenting on the limitations to the service provided, despite recent improvements in sidewalk snow control capabilities, as well as on the cost of service improvement; and recommending that, in receiving and filing this report, the financial implications and the resultant service levels be considered in the next budget review process -- be received and filed. Mr. Jamer, responding to Council queries, explained that, while primarily the City relies on machines to salt and sand sidewalks, some salting and sanding is done by hand, and that snowplow operators are directed to use their discretion when deciding whether or not to blow snow towards the street or properties; advised that, next to the Central Business District, schools have the highest priority in the City's sidewalk plan and that, with regard to bus stops, key bus stops in the City were suggested by the Transit Commission and are cleared in priority order; and commented on plowing in areas in which senior citizens' housing is located, regarding snow buildup in crosswalks, concerning the manner in which plowing is carried out in the event that not all streets and sidewalks are plowed prior to the occurrence of another snowstorm, and respecting snow removal in the City. 82-163 COMMON COUNCIL JANUARY 15,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 90-1, Loyalist Plaza site improvements, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $57,089, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a letter from the City Manager advising of a request from the solicitor for Lorene Crilley for an easement permitting the encroachment of the Crilley home upon Gifford Road and Milford Road and the encroachment of the garage upon Milford Road; and recommending adoption of the recommendation included in the submitted report from the Legal Department in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Peter J. and Lorene M. Crilley to permit the encroachment of their dwelling upon Gifford Road and Milford Road and the encroachment of their garage upon Milford Road, such easement to terminate with the destruction or removal of the said encroachments. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting a copy of a letter from The Market Square Corporation indicating that, further to Council's December 4, 1989 approval of temporary signage for Livingston Photo and Fashion on South Market Street at which time concern about security arose, the Corporation is not aware of any security problems which are related to the construction on the City Market; therefore, no specific action is being taken by the Corporation -- be referred to the City Manager to discuss with the Corporation the possibility of installing temporary lighting in the area. Councillor Knibb proposed a motion to receive and file the above report as recommended by the City Manager whereupon the Mayor asked that this matter be referred to the City Manager to look at the possibility of installing some temporary lighting until permanent lighting is put in place as there is a problem with break and enters on South Market Street. Question being taken, the motion was carried. Read a report from the City Manager regarding the application of Doiron's Small Engine Ltd. for a Municipal Plan amendment and re-zoning of 164 Loch Lomond Road (which was tabled at the public hearing of December 4, 1989, with no readings given); advising that, while the Community Planning Department had recommended against the application, the Planning Advisory Committee is recommending approval subject to a Section 39 resolution limiting the use to the existing business; and recommending the proposed Municipal Plan amendment and re- zoning, if approved, be subject to a resolution pursuant to Section 39 of the Community Planning Act which, in addition to limiting the use to the existing business, would provide that (1) the industrial use of the property be carried on in the existing building; (2) there be no open storage or display of goods and materials in the front yard; and (3) the total area of all signs on the property not exceed 0.4 square metres per metre of lot width. 82-164 COMMON COUNCIL JANUARY 15,1990 Consideration was also given to a report from the Planning Advisory Committee advising that, further to the December 4, 1989 public hearing of the application of Doiron's Small Engine Ltd. for a Municipal Plan amendment and re- zoning of 164 Loch Lomond Road, the Committee considered the submitted Planning staff report at its January 9, 1990 meeting; and recommending that the application be approved subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to the sale and repair of small engines, chain saws, and lawn, garden and leisure equipment. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from Low Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Councillor Coughlan expressed concern about enacting the proposed amendments on the basis that Planning staff recommended to the Planning Advisory Committee that, while the small engine business seems to have existed for many years with no documented complaints from neighbours, the stability of this established neighbourhood should not be further undermined by encouraging greater investment for industrial purposes on the subject property; and Councillor Fitzpatrick asked if, rather than re-zone the property, approval for continuing the non-conforming use were given, such non-conforming use could continue if the property were sold to which Mr. Rodgers replied that a legal non-conforming use would continue and is not related to who owns the property. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from Low Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee and the City Manager, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. 82-165 COMMON COUNCIL JANUARY 15,1990 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee and the City Manager, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Solicitor advising that, further to Council's January 8 request for information on exemptions under the Parking Meter By-Law, the By-Law provides that, during certain specific times, no vehicle shall be parked in a parking space where a parking meter has been installed without payment of the toll for use of each parking space, and that the times set out in Section 7 of the By-Law are as follows:-Monday-Tuesday-Wednesday- 8 a.m.-6 p.m.; Thursday-Friday -8 a.m.-9 p.m.; and Saturday - 8 a.m.-1 p.m.; and concluding that, at other times, the By-Law is not operative with respect to payment of tolls -- be received and filed. Question being taken, the motion was carried. Read 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 begs leave to report that it sat on January 8, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., regarding male and female personnel in the Family Violence/Sexual Abuse Investigation Unit. 2. That as recommended by the City Manager, the property at 55-65 St. James Street be added to the list of unused City land and be advertised for sale. January 15, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Councillor Fitzpatrick asked if an earlier letter of agreement proposed by the solicitor for Local No. 61, C.U.P.E., is better than that submitted above and would 82-166 COMMON COUNCIL JANUARY 15,1990 have given management more than what it was requesting, to which Mr. Rodgers replied that, the letter of agreement in question was one wherein the Family Violence Unit was recognized from the point of view of putting numbers in it on a ratio basis and that, subject to refinement of that question, that offered more flexibility than the letter of agreement submitted with the above report which deals with one female position and one male position only. Assistant Deputy Chief McNamee, in response to Councillor Fitzpatrick's query, expressed the opinion that most of the victims with which the Unit works are women and children and advised that presently two men and no women work in the Unit. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Read a report from the Planning Advisory Committee regarding the application of Clearview Mobile (Homes) Ltd. for the re-zoning of 21 Marlborough Avenue (which was tabled at the public hearing of September 25, 1989, with no readings given); advising that the applicant has now agreed to be bound by an agreement which would contain financial security sufficient to cover anticipated costs of improvements, and recommending that (1) Section 130(1)(b) of the Zoning By-Law be amended by adding "subject to the Mobile Home Park By-Law, a mobile home park. "; (2) Map 4 of Schedule "A" of the Mobile Home Park By-Law designate the additional areas as illustrated in the staff proposal; (3) part of the parcel of land with L.R.I.S. Number 303479, including the existing park and the proposed expansion, be re-zoned from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which would: (1) require the submission of detailed servicing plan, including the provision of a piped storm sewer system for all portions of the park to be approved by the Chief City Engineer; (2) require the submission of detailed plans for the development of all buffer area to be approved by the Supervisor of Mobile Home Parks; (3) require the submission of a detailed plan for the development of recreation areas in all portions of the park to be approved by the Supervisor of Mobile Home Parks; (4) require the access to Westmorland Road be developed for the expansion area and a gate be constructed to prevent unrestricted through traffic through the park; (5) require the preparation and submission of a street lighting plan for approval by the Supervisor of Mobile Home Parks; (6) require the posting of financial security to ensure work required as a result of items (1)-(5) above are completed by August 31, 1990; (7) prohibit the location of mobile units in the expansion area until the financial security required in (5) above is received; (8) require the development of a recreation area in lieu of that portion of the proposed expansion including street #2, Lots 45-49 and Lots 70-79; (9) require that a 23 metre (75 foot) wide buffer be developed on the south side of the property parallel to Westmorland Road to separate the park from adjacent commercial development; and (10) permit the two existing mobile units to remain in buffer area "A" while the existing tenants occupy the units and within 30 days of the units being not occupied, they shall be removed and no units placed in this buffer area; and (4) in view of the failure of the applicant to comply with previous conditions relating to this development in the past, Common Council direct staff to report to the Planning Advisory Committee and Common Council in September of 1990 as to the developer's compliance with the conditions and recommendation number (3). On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding to Section 130(1)(b) the following: "subject to the Mobile Home Park By-Law, a mobile home park.", be read a first time. 82-167 COMMON COUNCIL JANUARY 15,1990 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Mr. Brown, in response to Council queries, confirmed that the development must meet in full all of the requirements of the Flood Control By-Law, and explained that the extensive list of conditions recommended is seen by staff as an opportunity to have all of the past problems rectified before any development proceeds and, in addition, to bring the whole park up to a high standard, and that the posting of financial security is the guarantee that the existing conditions will be addressed as well as the conditions pertaining the new development. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding to Section 130(1)(b) the following: "subject to the Mobile Home Park By-Law, a mobile home park.", be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Mobile Home Park By-Law, by designating on Map 4 of Schedule "A" the additional areas on Marlborough Avenue as illustrated in the staff proposal", be read a first time. Read a first time the by-law to amend the Mobile Home Park By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Mobile Home Park By-Law, by designating on Map 4 of Schedule "A" the additional areas on Marlborough Avenue as illustrated in the staff proposal on Map 4 of Schedule "A", be read a second time. Read a second time the by-law to amend the Mobile Home Park By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning that parcel of land on Marlborough Avenue with L.R.I.S. Number 303479, including the existing park and the proposed expansion, from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. 82-168 COMMON COUNCIL JANUARY 15,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning that parcel of land on Marlborough Avenue with L.R.I.S. Number 303479, including the existing park and the proposed expansion, from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, in view of the failure of the applicant to comply with previous conditions relating to the development of a mobile home park at 21 Marlborough Avenue in the past, staff be directed to report to the Planning Advisory Committee and Common Council in September 1990 as to the developer's compliance with the conditions and recommendations contained in (3) above. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Peter G. Trites, Minister of Housing, responding to Common Council resolution of November 20, 1989 concerning the continuation through 1990 and 1991 of the minimum standards program and the enforcement of the Minimum Property Standards By-Law; advising that the portion of the resolution concerning the Residential Tenancies Act is being referred to the Minister of Justice, and a copy of the resolution is being forwarded to the Interdepartmental Committee on Housing for information and review, particularly with regard to portion C of the resolution; and concluding that an agreement has recently been reached to establish a tripartite committee composed of representatives of the City, CMHC and NBHC to identify and address housing issues in the City of Saint John, which could be the appropriate forum for further discussion of some or all of the issues raised in the resolution -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Dennis Sennett, Chairman of the Saint John Loppet Organization Committee, requesting an amount of $500 to cover additional expenses, such as signs to mark the course and extra manpower, involved in the 2nd Annual X-Country Skiing Event at Rockwood Park, scheduled for January 20, 1990 -- be received and filed and a grant of $500 be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent 82-169 COMMON COUNCIL JANUARY 15,1990 RESOLVED that the letter from Jane McKay-Nesbitt and Reverend John Nesbitt requesting that the City take the measures necessary to provide for recycling of garbage it collects; and urging Council to take immediate steps to ensure that garbage collected in the City of Saint John is sorted and recycled -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mrs. Isabel Green of Kean Road commenting on a problem she has encountered for years in that icing occurs on the lower end of Kean Road once the below freezing temperatures begin and the Road becomes impassable -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Chapter of the Canadian Citizenship Federation advising that, having studied the question of the presentation of cultural programs in the City of Saint John in appropriate theatre facilities and having reviewed the matter of the restoration of the Bi- Capitol Theatre, it is the feeling of the Chapter that the early restoration of the Bi- Capitol Theatre will provide Saint John with facilities in which cultural activities can be developed to a much greater extent than can be done in the City at present; urging Council to set to rest any suggestions that the Bi-Capitol Project is being delayed because of personal dislikes of individuals; and suggesting that a joint committee of Council appointees and the Directors of the Bi-Capitol Project might be of assistance and might establish the Project as a priority item -- be received and filed with appreciation. (Councillor Fitzpatrick re-entered the meeting). Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the presentation by Mr. Owen Boyle concerning The Bi-Capitol Project be referred to the Board of Directors of The Bi-Capitol Project Inc. and to the City Manager and the City Solicitor for a report to Council. Question being taken, the motion was carried. Councillor Fitzpatrick asked staff to determine the legality of a sign, which has been attached to the City Market building. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 82-170 COMMON COUNCIL JANUARY 15,1990 Common Clerk