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1993-05-17_Minutes 84-115 COMMON COUNCIL MAY 17,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on the seventeenth day of May AD., 1993, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent. and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; D. Logan, Purchasing Agent; J. Johnson, Building Inspector; D. Sherwood, Chief of Police; R. Johnston, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on May 10, 1993, be approved. Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber Ms. Teri Levine and Mr. Bob McVicar of Keep Saint John Beautiful Inc., and Mr. David Drummond, Manager of McAllister Place Shopping Centre, addressed Council concerning a Keep Saint John Beautiful project, "The Best Little Yard In The East", in an attempt to encourage citizens to beautify the City. The Mayor noted that, for the past several years, the City in conjunction with the Loyalist Day (May 18th) Observance Committee has selected citizens to receive Honourary appointments to the ancient Charter offices, and these honourary office holders are appointed for a period of one year in recognition of their contribution to the City through their volunteer efforts; and, having noted the accomplishments of the appointees, presented Certificates to the following Honourary Charter Officials: Gauger - Dr. Daniel L. Britt; Bell Ringer - A H. (AI) Bennett; Surveyor of Bread - Marion Elliot; Inspector of Timber - Clifford (Nick) Skinner; Pilot - Betty Banks-Hebert; Port Master - Donald D. Hills; Surveyor of Highways - Edward L. (Ted) Rising; and Surveyor of Provisions - Barbara Hunter. The Mayor advised that John C. Mason, who has been appointed Warden of the Port, and Phyllis Sutherland, who has been appointed Inspector of Fish, were unable to be present at the meeting and would receive their Honourary Certificates at a later date. Mr. George Teed, representing the Loyalist Day Committee, addressed Council concerning the activities planned for May 18 in celebration of Loyalist Day. (Councillor Rogers entered the meeting during the above presentation.) The Mayor proclaimed May 20, 1993 to be Arbor Day in the City of Saint John. Deputy Mayor McAlary congratulated Mayor Wayne on receiving an Honourary Doctorate for Public Administration from the Husson College in the State of Maine, U.S.A, on May 15 in recognition of her leadership in Canada's First Incorporated City, for her national activities including her participation on the Citizens Forum of Canada's Future, and her international activities including the Sister City relationship with Bangor, Maine. On motion of Councillor Gould 84-116 COMMON COUNCIL MAY 17,1993 Seconded by Councillor Coughlan RESOLVED that a copy of a letter to the Assistant City Manager - Operations from the Rifle Range Residents Association (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding Council members' attendance at the forthcoming Annual Conference of FCM. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that authority be granted for payment of the per diem rate under Council's Salary By-Law to the Mayor and Councillors Coughlan, Landers and Rogers, who are attending the Federation of Canadian Municipalities Annual Conference in Edmonton, Alberta, from May 28 to May 31, 1993. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the copy of the letter to the Assistant City Manager - Operations from the Rifle Range Residents Association referring to information provided by the City on the status of the traffic study of the Visart Street, Churchill Boulevard, Sobeys and Zellers areas; expressing concern about the section of road in front of Zellers where there is no sidewalk and which presents hazardous conditions for people having to cope with the two-way vehicular traffic; and suggesting that the pattern of vehicle traffic crossing between Sobeys and the Lansdowne Mall should be better controlled with fixed traffic lanes -- be received and filed with a staff report to be submitted to update Council in this regard. Councillor Gould expressed the opinion that, as the above matter references a very serious traffic problem in the general area of Visart Street, Churchill Boulevard, Sobeys and Zellers, something must be done other than receiving and filing the matter as the initial motion proposed. Mr. Robichaud advised, as indicated in his letter to the Association, City staff is meeting with CMHC and So beys in an attempt to clear up some problems in the area relative to the traffic issue and that, although until the land purchases and various types of land deals are finished, staff cannot get into the traffic situation, his letter advised the Association that cross walks would be painted, signs would be installed relative to the issue about pedestrians crossing at Visart Street and Churchill Boulevard, and the concern about pedestrians crossing between Zellers and So beys is one of a private property situation which Sobeys will be asked to address. Mr. Robichaud also advised his intent to contact the Association once the matters have been finalized, and the Mayor asked that the motion be to receive and file and a further report be submitted to keep Council updated in this regard. Councillor M. Vincent asked that the Police and Works Departments address a change in the Motor Vehicle Act which defines as part of a street that space between the centre of the road and the exterior wall of a mall's outer envelope or outer skin so as to determine whether or not the Act interprets the area related to Sobeys and Zellers parking to be a City street, as well as its meaning with respect to tagging on sidewalks. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 84-117 COMMON COUNCIL MAY 17,1993 1. Contract 92-21, Spruce Lake Landfill, Phase 1 Closure Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated May 12, 1993 Holdback Release. $150,262.24 159.851.75 Nil 135,873.99 23,977.76 1,568.64 $ 23,977.76 Question being taken, the motion was carried. Read a report from the City Manager submitting a recommendation with regard to the May 3 offer by Mrs. A. R. Cooke for the City to purchase two of her husband's charcoal drawings; and advising that, although the City does not currently have a budget designated for purchases of art for its permanent collection, its Art Purchase Policy, established in December 1972 and adopted by Common Council, is presently being reviewed by the Saint John Art Advisory Board, with a report and recommendations expected to be presented to Council by August 1993. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Mrs. A. R. Cooke be thanked for her offer for the City to purchase two of artist A. R. Cookes' charcoal drawings, and be advised that the City of Saint John is currently reviewing its Art Purchase Policy and, until such time as this report is available and the matter of reinstatement of funds for the purpose of purchasing additional art for the City's permanent art collection is established, the City is not in a position to purchase the two drawings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $30,000, be accepted from Gulf Operators Ltd. as security to ensure that the gravel pit at 990 Grandview Avenue (NBGIC Number 337964) is rehabilitated. (Rescinded June 7, 1993 Bk. 94 Pg. 161 ) On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $30,000, be accepted from Gulf Operators Ltd. as security to ensure that the gravel pit at 1651 Sand Cove Road (NBGIC Number 403493) is rehabilitated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by McAlary RESOLVED that the report from the City Manager advising that staff of the Parking Commission and the Engineering Department has investigated a request from Elliott Row residents for a two-hour parking limit and the Residential Parking Permit Program for the Street; and recommending that the submitted Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted. AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority Of 84-118 COMMON COUNCIL MAY 17,1993 The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Elliott Row, be read a first time. Councillor M. Vincent asked for clarification on the number of days a week to which the parking limit would be applicable and, if not the entire week, what days are exempt, and the Mayor asked that it be clarified prior to third reading. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" with regard to parking on Elliott Row, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the City Solicitor prepare a lease between the City of Saint John and The New Brunswick Museum for the lease of stall/bench space in the City Market, and that the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the submitted letter from Mr. Gene Beatty, Chairman of AGM '94, requesting a grant to assist the New Brunswick Division of The Royal Canadian Mounted Police Veterans' Association in hosting the National Annual General Meeting in Saint John in June 1994; and recommending that, as a result of Common Council resolution on February 25, 1991 with respect to funding availability through the City Manager's Office to assist in hosting major conventions or receptions, the request of the RCMP Veterans' Association be referred to the City Manager for a decision. A motion was proposed by Deputy Mayor McAlary to refer the above matter to the City Manager, as was a motion by Councillor Rogers to approve a grant of $500 and, upon Councillor Chase's indication that he was seconding the motion, the Common Clerk requested clarification of the motion. The Mayor asked if there were a seconder to Councillor Rogers' motion to approve a grant of $500 to which Councillor Chase indicated in the affirmative. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that a grant of $500 be approved for the RCMP Veterans' Association with regard to its National Annual Meeting in Saint John in June 1994. Mr. Brown made the observation that some groups do not qualify for the $500 maximum provided for by the February 25, 1991 policy which is based on $3 per registered delegate, and that, as discussed with Council on May 10, requests to Council for funding will be accompanied by a letter from the City Manager providing to Council the policy and direction and, in this particular situation as indicated in the above report, there is an approved policy in place and the recommendation is that Council continue to delegate the City Manager to make payment according to the policy. The Mayor 84-119 COMMON COUNCIL MAY 17,1993 suggested that the problem might be that the City Manager's recommendation is to refer the request to the City Manager for a decision in that the request does not fall within the criteria and a grant would be received according to the policy, whereupon Mr. Brown suggested that the motion should be to refer the request to the City Manager for action. On motion of Councillor McAlary Seconded by Councillor Gould RESOLVED that request of the RCMP Veterans' Association for a grant be referred to the City Manager for action. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 93-7, water and sewer renewal Duke Street (C), be awarded to Nautilus Construction and Rentals Ltd., at the tendered price of $218,028.50, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for sand and gravel be awarded to the low bidders meeting specifications and the terms and conditions of the tender in each case, as indicated in the submitted bid summary. Mr. Logan, in response to Deputy Mayor McAlary, clarified that staff's recommendation to reject Gulf Operators' tender is not because of the Company's lack of a permit at the specified location but rather that the Company qualified its tender with regard to section 6 of the terms and conditions which give the City the right to award the tender to it and them go elsewhere to buy the material at a higher price but to charge to Gulf the difference because it does not have a permit. Mr. Johnson explained that the issue with respect to a permit is not the application, which the City has received, but is that the applicant did not provide the security in 1992 for the pit and staff has no reason to believe that security being provided will be different for 1993 and that the City still has not issued the 1992 permit, although Gulf operated in 1992 without a permit; and that City staff told Gulf Operators that stop work orders will be issued if it operates in 1993 without a permit. Deputy Mayor McAlary expressed the understanding that the Legal Department has information in this regard and advised that she is not prepared to vote on the above motion under the conditions in which it is presented at this time. Mr. Johnson explained further that Gulf Operators' application for a permit has not been processed for 1993 because staff has been waiting for the issue of security to be resolved and that the Legal Department has been dealing with Gulf Operators' lawyer and the Building Inspection Department has been dealing with the Company; and that the reason that two of the three Gulf Operator pits were submitted for Council's consideration at this meeting is that staff decided that, irrespective of where the security provisions were, staff should deal with the applications and that it is hoped to deal with the other pit either at the next meeting of Councilor the meeting after that as it is much more difficult to analyze in order to recommend to Council the amount of security. Deputy Mayor McAlary asked how Gulf Operators could be disqualified from the tender if it has not been asked to give a certain amount for security, and requested the City Solicitor to comment on the status of the 1992 situation. Councillor A. Vincent rose on a point of order on the basis that the discussion might be more appropriate in Legal Session pending a court action, to which Mr. Rodgers replied that at this time he would confirm the fact that there is a dispute between the City and representatives of Gulf Operators as to whether or not the Zoning By-Law is satisfied regarding security in that, in the City's opinion it has not been satisfied to date; however, from the point of view of the details of what the dispute is and why the City is interpreting the matter in the manner it is, this is a matter which he would be pleased to discuss in detail in Legal Session later this date if Council so wishes. Councillor Coughlan asked if, in light of what the City Solicitor's comments might be later, there is any reason why Council should not proceed with the above recommendation at this time, to which Mr. Rodgers replied in the negative. 84-120 COMMON COUNCIL MAY 17,1993 On motion of Councillor McAlary Seconded by A. Vincent RESOLVED that the above matter be laid on the table for one week and discussed in Legal Session of Council later this date. Question being taken, the tabling motion was carried with Councillors Chase, Coughlan, Knibb, Landers and Trites voting "nay". (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-314 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate 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 use of the property shall be limited to business/professional offices and/or dwelling units within the existing building; and (b) the owner shall make arrangements to lease or otherwise acquire the use of off-street parking facilities, calculated at half the "B-2" standard, within the general area of the subject property to accommodate the employees and residents of the building, and that written documentation that such arrangements are in place shall be provided to the Development Officer on an annual basis, if so requested. The by-law entitled, "By-Law Number C.P. 100-314 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. 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 Tuesday, April 13, 1993, when there were present Mayor Wayne and Councillors Coughlan, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That the Common Council of the City of Saint John confer the Freedom of the City on the First Battalion of The Royal New Brunswick Regiment D Company. Respectfully submitted, 84-121 COMMON COUNCIL MAY 17,1993 May 17, 1993, Saint John, N.B. (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the above report be received and filed and the recommendation therein be adopted. The Mayor advised that Saturday, September 18, 1993 is the date set for conferring the Freedom of the City to the above Regiment. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Read a 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 May 10, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Councillor Chase be appointed as Council's representative on the Board of Directors of Hospitality Saint John Inc. 2. That as recommended by the City Manager, 1. The City enter into an agreement with the Saint John YM/YWCA relative to the use of the former decorative pool area at Market Square for beach volleyball, the terms of the said agreement to include: 1. the City will adjust the present grass area and install additional sand; 2. the Saint John YM/YWCA will be responsible to: .1 install the necessary structure for the installation of volleyball nets; .2 remove the volleyball nets and poles and any other structures associated with the various volleyball events after each event and, as a minimum, on a daily basis; .3 maintain the area including garbage removal, litter removal and raking of the sand, etc. .4 replace/repair any damage to the decorative light standards which may result from the use of the area for volleyball; and .5 provide proof of liability insurance saving the City of Saint John harmless from any action which may arise from the use of the area for volleyball; 3. the City and the YM/YWCA will cooperate in the development of the schedule which will permit the use of the are from time to time by other parties for other areas; and 4. the terms of this agreement will be May 15, 1993 to September 15, 1993; and 2. The City enter into an agreement with Mr. Paul Grannan to permit the utilization of the new deck area adjacent to the former decorative pool area at Market Square for the operation of a "Sand and Slip" patio restaurant, the terms of the said agreement to include: .1 the agreement will be for the period May 15, 1993 to September 15, 1993; .2 the rental will be $500, payable in advance; .3 the deck area will be used for the "Sand and Slip" operation which shall comply with all the requirements of the applicable authorities including the Department of Health, the Liquor Licensing Board, and the Building Inspector; 84-122 COMMON COUNCIL MAY 17,1993 .4 Grannan's will be responsible for all costs associated with the operation including garbage removal, litter removal, etc., and any maintenance and repairs required to the deck area due to the use of the prescribed purposes; .5 Grannan's shall arrange coverage in a minimum of $1,000,000 liability insurance to hold the City and The Market Square Corporation harmless, so that no liability falls upon the City of Saint John or The Market Square Corporation in any respect associated with the operations; and Grannan's shall indemnify the City with regard to any claims arising out of this operation and shall submit to the City a certificate of insurance confirming that the City and The Market Square Corporation are named as insured; and .6 any structures to be utilized in conjunction with the operation shall be approved by the Director of Housing and Property Management before placement and shall be immediately removed at the expiration of this agreement. 3. That as recommended by the City Manager, the Saint John Regional Exhibition Centre Commission be given $1,020,000 from the 1993 Capital Budget to be used for the purchase of furnishings and equipment for the Centre. 4. That as recommended by the City Manager, (1) the organizers of Franco- Frolic at Centre Communautaire Samuel-de-Champlain be advised that the City is not in a position to financially support their celebration in 1993; and (2) the organizers of West Side Days be advised that the City is not in a position to financially support their celebration in 1993. May 17, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Councillor Rogers proposed a motion, which was seconded by Councillor Chase, that a grant in the same amount as the 1992 grant be approved for West Side Days. The Mayor suggested that section 4 be dealt with in two parts, and called for a motion with regard to the Franco-Frolic celebration which she noted does not meet the policy, nor is there money in the budget for the event, although the City is budgeting for Acadian Days. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the request of the organizers of the Franco-Frolic celebration for a grant be denied. 84-123 COMMON COUNCIL MAY 17,1993 Question being taken, the motion was carried with Councillor Landers voting "nay". The Mayor noted the City Manager's recommendation with respect to West Side Days, and a motion was proposed by Councillor Trites and seconded by Councillor Knibb to adopt the recommendation, whereupon Councillor Rogers noted her motion on the floor. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that a grant in the same amount as that approved in 1992 be approved for West Side Days in 1993. In response to Councillor Rogers' comments about West Side Days helping the community and the City's prior support to this event, the Mayor made the observation that the City will be experiencing an approximate $2.5 million reduction in funding which it will have to find elsewhere, and suggested that such groups should approach the private sector for assistance. The Mayor noted that the City does give to organizations which put on events for the whole City and also that, while other groups were given funding when the times were good thereby leading to more groups requesting funding, the times are no longer like that which led to Council's adoption of a policy in this regard. Councillor Landers concurred with Councillor Gould's observation about being unable to support the above motion without also supporting the request for funding for Franco-Frolic, and asked the amount requested by each of these groups, to which Mr. Brown replied that it is his understanding that, in 1992, $1,000 was provided to them and that in 1993 the request was for $1 ,000. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Gould, Knibb, McAlary, Trites, A. Vincent and M Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Wallace S. Turnbull advising that, with his appointment as a Judge of the Court of Appeal of New Brunswick, he must resign his position as a Director of the Greater Saint John Economic Development Commission --- be received and Mr. Turnbull's resignation be accepted and the matter referred to the Nominating Committee, and further that Mr. Turnbull be congratulated on his appointment as a Judge of the Court of Appeal of New Brunswick and thanked for his service to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Mr. Gordon Hunt requesting Common Council's approval to rent a piece of land in Rockwood Park for the purpose of conducting pony rides -- be received and filed and the request be approved subject to staff ensuring that there is no liability on the part of the City. The Mayor advised that the City Manager has asked that the above matter be referred to him, whereupon Deputy Mayor McAlary proposed a motion, which was seconded by Councillor Knibb, to refer the matter to the City Manager; and, following Councillor M. Vincent's clarification that his motion for approval would be subject to staff removing all of the liabilities, Mr. Brown expressed agreement with the motion. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the application of Wm. P. Dowd & Sons Ltd. for an amendment to the Section 39 conditions of re-zoning of 560 Somerset Street -- be referred to the Planning Advisory Committee for a report and 84-124 COMMON COUNCIL MAY 17,1993 recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 21, 1993. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the application of Bolands Limited for an amendment to the Section 39 conditions of re-zoning of 20 Prince Edward Street -- 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 June 21, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Common Clerk