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1993-11-15_Minutes 84-359 COMMON COUNCIL NOVEMBER 15,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of November, AD. 1993, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; J. Johnson, Building Inspector; D. Logan, Purchasing Agent; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor McAlary offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on November 8, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary noted the November 18-20 Annual Pioneers' Christmas Craft Festival in Brunswick Square; the Annual Santa Claus Parade on November 20; and the Old-Fashioned Christmas Open House at the Shops of Trinity Royal on November 21; and proclaimed November 18 as Family Violence Prevention Day, recognizing the work of the Muriel MacQueen Ferguson Foundation in the prevention of family violence. Councillor Landers noted the November 18 Annual General Meeting of the Saint John Unit of the Canadian Cancer Society. Read a letter from Deputy Mayor McAlary submitting a copy of a letter from the Old Timers' Hockey Challenge inquiring as to whether or not Council would like to place an advertisement in its brochure; and advising that, if Council places a full-page ad as last year, the rate is $500 plus GS1. A motion was proposed by Councillor Knibb and seconded by Councillor Coughlan to approve the above request for a full-page ad, such motion subsequently withdrawn during discussion. Councillor Trites asked how much of the advertising remains in the community; expressed concern about resultant budget problems should Council treat everything the same as last year; and suggested that a half-page ad might suffice as opposed to a full-page ad. Councillor M. Vincent suggested that the above matter should be referred to the City Manager for a report and recommendation. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for a report to Council. Councillor Landers asked to be shown the type of ad that might be placed in the brochure. Question being taken, the motion was carried. Read a letter from Councillor A Vincent advising that he feels it is time for the Chairman of the Taxi Committee to report to Common Council on the matter of the 84-360 COMMON COUNCIL NOVEMBER 15,1993 City taxi fares; and recommending that the Taxi By-Law be amended to have a minimum rate equal to the maximum rate. Councillor A. Vincent expressed the view that there is confusion in that the City has a Taxi By-Law with a taxi rate structure and the Municipalities Act has a section on taxi rates, and that Council should petition the Province to amend the Municipalities Act so that a minimum fare can be set. Deputy Mayor McAlary advised that she met in the Mayor's Office on November 12 with some of the taxi drivers after they spoke to the Premier, who was on a CFBC Radio talk show; and that, while some of the drivers are displeased about the low fares which result in low pay for the drivers, some of the drivers are pleased with what is happening because there is more business, particularly from senior citizens, in the taxi industry with the lower rates and the drivers are getting higher tips; and also that she suggested to the taxi drivers that they should meet and submit a proposal to Council, although the majority of drivers would have to be involved. Deputy Mayor McAlary noted that, based on her discussion with the City Solicitor, the City's Taxi By-Law provides for a maximum, but not a minimum, rate, and that the City would have to request an amendment to the Municipalities act in order to have the legislation changed to permit a minimum rate. (Councillor Rogers entered the meeting during the above comments.) During discussion Councillor A. Vincent asked for a report from the Taxi Committee, and Councillor Chase, a member of the Taxi By-Law Review Committee, advised that the Committee is not mandated in any way to deal with taxi fares other than the question of meters, nor to look at what might happen if there was a fares war, which is what is presently occurring; and also advised that the Committee expects to submit a report to Council within one to two weeks. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Taxi By-Law Review Committee be asked to provide to Council its report at the earliest possible time. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that the City Solicitor be asked to provide Council with a summary of where the City stands in terms of its legislated responsibilities and those of the Province with regard to the matter of taxi fares. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent advising as Chairman of the Master Plumbers Examining Board, that the Assistant Plumbing Inspector is no longer employed, and that the Plumbing By-Law states that the Plumbing Inspector and his Assistant must be hired through resolution of Common Council and therefore must be discharged by the same means; and pointing out that his concern is the health problem and there is nothing more important than a plumbing inspector to deal with health. Councillor A. Vincent explained that the Assistant Plumbing Inspector was laid off; and expressed the opinion that, unless Council passes a resolution in open session with respect to an Establishment change, it is not legal. Mr. Totten pointed out that Council, in open session, approved the Establishment of permanent positions for the City of Saint John, which clearly indicated that there would be no full-time permanent position described as Assistant Plumbing Inspector; and also that Council was provided evidence and notes during budget discussions, as opposed to it having been provided in open session of Council, that indicated that the level of service would be for a four- month period in 1993; therefore, Council was informed of the level of service formally through the Establishment process and informally through budget discussions. Mr. Totten advised that, during 1993, an individual was hired as Assistant Plumbing Inspector and that, as under the Plumbing By-Law it does indicate that Council shall appoint the Plumbing Inspector and may appoint an Assistant Plumbing Inspector, the 84-361 COMMON COUNCIL NOVEMBER 15,1993 choice not to bring to Council the appointment of an Assistant Plumbing Inspector for the four-month period was on the basis that staff did not expect that individual to carry out any enforcement procedures or writing letters as the Assistant Plumbing Inspector; and, if that is unacceptable to Council, he apologizes for not bringing that forward to Council; however, he though it was the administration's authority to take that action and it had been discussed with Council previously. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above letter from Councillor A. Vincent regarding the Assistant Plumbing Inspector be received and filed. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent asking the Works Department to confirm that the bump at the intersection of Crown and Union Streets will be repaired before the asphalt plant closes this fall, and if the Chief of Police could inform Council of the number of accidents and total insurance claims caused due to this bump. Councillor A. Vincent asked the City Manager to confirm that the above matter is not a City problem as it is a Provincial highway, and Mr. Totten expressed the understanding that it is the Province's intention, within the next two weeks weather- permitting, to lay an asphalt apron on both sides of the subject bump to solve the situation; and advised that he has asked staff to look into the matter of accidents and insurance claims. Councillor A. Vincent asked why City equipment is at the subject area if it is a Provincial problem, to which Mr. Robichaud replied that the Provincial Department of Transportation is responsible for bridges in the City and, having fixed the bridge this summer and not having had time to complete the construction joints, put temporary asphalt down and, while the asphalt bump will be corrected to a small degree, the final repairs will not be done until next summer when the new joint is put in. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the above letter from Councillor A. Vincent be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC00001 0273, Apparatus Bay Fixtures Fire Stations #1, #2, #4 Golden Torch Electrical Contractor Original contract amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated November 8, 1993 $13,102.00 13,689.87 Nil 10,481.60 $ 3,208.27 Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, upon notifying Fundy Computer Services of Council's November 8 award to it of the tender for computer equipment, Fundy Computer Services discovered that the tax component required as part of the total tendered price was not included in its bid and, as this is a substantial amount for a company to absorb, Fundy Computer Services has declined to accept the tender award and wishes to withdraw its tender; also advising that the next lowest bidder to meet all of the requirements of the tender, including the tax 84-362 COMMON COUNCIL NOVEMBER 15,1993 component, is Future Tech Inc. with a total tender cost of $25,712.06; and submitting a recommendation in this regard. Consideration was also given to a letter from Fundy Computer Services Limited advising that it wishes to withdraw its tender submission for the City's tender number 93-130, due to the fact that it erroneously priced the tender items non-inclusive of GST and PST and, as a result, the fulfilment of this tender at the quoted prices would put it at a loss, a move that it can ill afford at this time. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Fundy Computer Services be allowed to withdraw its tender for computer equipment, and further that the tender of Future Tech Inc., in the amount of $25,712.06, be accepted for the supply of computer equipment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Fundy Computer Services Limited regarding its tender for computer equipment -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Preston Phipps Inc., Saint John, in the amount of $17,207.40 (tax included), be accepted for the supply and installation of a flow monitoring device at Mill Road. 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 of Cossey Corporation, in the amount of $15,675 (all taxes included), be accepted to enclose the exit stairway at the viewing platform on the pedway link between Harbour Station and the Mercantile Centre. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the letter considered by Council on October 18 from the proprietors of Inn On The Cove relative to the Irving Pulp & Paper, Limited application for a Municipal Plan amendment and re-zoning for a proposed solid waste disposal site and process water treatment plant at Sheldon Point, City staff has had discussion with the applicant as to the nature of changes, and that information submitted by the applicant to the Provincial Department of the Environment and the City to date indicates that there will be no additional facilities at Sheldon Point and the facilities initially proposed will have the same configuration and area but it is expected that the lagoons to be constructed will be approximately one metre deeper, and that additional facilities and additional lands are not being considered or proposed; therefore, the information received to date indicates that it will not be necessary to request a new application. The report suggests that further consideration of the present application should remain tabled, and a further report will be prepared to deal with the issue when information on the nature of approvals required for the proposed pipeline and related pumping facilities is available; and submits a recommendation in this regard. 84-363 COMMON COUNCIL NOVEMBER 15,1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the report on the proposed solid waste disposal site and process water treatment plant at Sheldon Point, 1595 Sand Cove Road, be received and filed and a copy be forwarded to Willa Mavis and Greg Colpitts, Proprietors of Inn On The Cove. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that public awareness about the Smoking By-Law is quite high from the exceptional amount of free publicity that it has received from the news media, and the Building & Technical Services Department has to date received only 19 complaints under this By-Law, 7 for persons smoking and 12 for building facilities; commenting on how staff presently responds to a complaint of an inadequately designated smoking or non-smoking area, and of a person smoking in a no-smoking area; and also advising that, to assist in educating the public, staff is in the process of preparing an information brochure at an estimated cost of $2,000 -- be received and filed. The necessity of the information brochure was questioned in view of the success of the anti-smoking policy and budget constraints, to which Mr. Johnson advised that, basically, the main focus of the brochure would be one that could be handed out to business persons to let them understand fully what they need to do to comply with the By-Law because the By-Law has many complicated technical issues in it, and staff wants to make it very clear to them what they need to do, and that, while staff can provide an explanation, the brochure would contain graphical images so that they can actually see what the words mean and would describe exactly what they need to do with their premises. Question being taken, the motion was carried On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, recently, the Orange Lodge applied for a building permit to construct a foundation for its long-existing building at 86 Regent Street and, as it was found that the property is zoned "R-2" One- and Two-Family Residential, a building permit for the type of work proposed could not be issued because this is a non- conforming use; explaining that, during the re-zoning of properties containing institutional uses in 1981, this property was unintentionally not included; and recommending that Common Council initiate the process for re-zoning the property at 86 Regent Street from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, authorize the advertising of the proposed re-zoning, and refer the application to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted, with the public hearing to be held on December 20, 1993. Question being taken, the motion was carried. Consideration was given to a letter from the Chief of Police advising that he has received a request through Mr. John McAloney of Moosehead Breweries Limited that would involve the installation of 35 vinyl signs on telephone/light poles in the downtown core area and Main Street West during the forthcoming festive season, such signs measuring 3 feet by 6 feet and depicting a silk screening message "Please Don't Drink and Drive"; also advising that Moosehead Breweries Limited would be responsible for any installation and removal costs associated with placing the signs on poles, and is asking that this campaign be launched in conjunction with the Saint John Police Force; and asking that the appropriate staff be authorized to assist in this project and that the necessary approval be granted for this program to become a reality. 84-364 COMMON COUNCIL NOVEMBER 15,1993 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that authority be granted for Moosehead Breweries Limited to launch its campaign to put up "Please Don't Drink and Drive" signs, and that the matter be referred to the Chief of Police. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor referring to the Planning Advisory Committee's recommendation to Council on November 8 that Council authorize an amendment to an existing Section 101 Agreement between the City and D. Hatfield Ltd., and to the argument put forth at that meeting by D. Hatfield Ltd.'s solicitor that the role of the Council in this matter is very limited and Council's role is only to authorize the Mayor and Common Clerk to execute an agreement between the City and the Developer to assure the performance of the conditions which have been imposed by the Planning Advisory Committee; and expressing the opinion that, one, by virtue of the Community Planning Act; two, Council's decision to delegate to the Planning Advisory Committee the power to impose terms and conditions on uses in various zoning districts; and, three, having regard to the wording of Section 101 of the Community Planning Act, the decision of the Planning Advisory Committee in amending existing terms and conditions has the effect of altering any existing conditions previously contained in a Section 101 agreement between the City and the Developer, without any further action being required by Council. The report concludes that, in short his opinion is that, in this aspect of planning law, Council's only role is to authorize an agreement between the City and the Developer, to assure the performance of the said conditions and, by entering into an agreement, Council assures that the conditions imposed by the Planning Advisory Committee are not only binding on the Developer, but also subsequent owners of the land who continue the development; and Mrs. Elizabeth Cann's presentation on behalf of the Brookville-Torryburn Association, which for the most part dealt with her disagreement and criticism of previous Council planning policy decisions, did not bring to light any information which would indicate and allow the City to take any legal action in this matter at this time. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the City Solicitor be received and filed: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council authorize an amendment to the existing Section 101 agreement with D. Hatfield Ltd. with respect to the property at 1045 Rothesay Road, to amend the conditions imposed by the Planning Advisory Committee on July 28, 1987 to permit the construction of a 960 square foot building within the storage compound, subject to the following additional conditions: (a) the facility shall comply with the Department of the Environment's Draft Guidelines for salt storage facilities; (b) the building foundation structure be enveloped in a geo-technical membrane as approved by a registered professional engineer; and (c) condition (a) above shall include the requirement for monitoring as set out in general condition #6 of the Draft Guidelines. During discussion of how the residents' concern about the hours of operation could be addressed, Mr. Bedford noted that the procedure relative to the Noise By-Law is open to residents of the subject area; and that, should Council want the hours of operation or noise addressed within the 101 Agreement, the matter should be referred to the Planning Advisory Committee and the Committee asked for its consideration within the 101 Agreement; however, he does not know, from a legal perspective, whether or not the Agreement could cover the hours of operation; and Mr. Rodgers expressed the opinion that Council cannot put conditions on the operation and that the matter is before Council for Council to authorize the Deputy Mayor and Common Clerk to execute the 101 Agreement; and, if violations occur in other areas or by-laws, that certainly could be looked at by the appropriate enforcing officers, and that anything else done now beyond that would have to be at the institution of the developer. Question being taken, the motion was carried. 84-365 COMMON COUNCIL NOVEMBER 15,1993 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-331 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 408 square-metre portion of the property at 96 Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" 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. 100-331 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. 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 deleting from the Street Plan the proposed extension of Catherwood Street north of Manawagonish Road to Dever Road, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites 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 regard to closing a portion of the following highway:- LANSDOWNE AVENUE - all that portion of Lansdowne Avenue lying north of Pugsley Avenue and designated Part Z on a survey plan filed in the Registry Office for Saint John County as number 3071 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers 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 regard to closing a portion of the following highway:- RIVER STREET - all that unclosed portion of River Street running northeasterly from its intersection with the eastern side of Spar Cove Road to the southwestern limit of that portion of River Street closed by Common Council resolution dated August 31, 1967 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up and Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 84-366 COMMON COUNCIL NOVEMBER 15,1993 Read a letter from the Common Clerk referring to Council's previous consideration in Committee of the Whole of changing the time of the regular Council meeting of November 22 from 7 p.m. to 4 p.m. to afford Council members an opportunity to attend the annual Board of Trade Business Awards Banquet; and advising that, in addition to adopting a motion in this regard, it will also be necessary to authorize the necessary advertising and reschedule the public hearings which were to have been held on that date. The letter submits for Council's consideration a proposed schedule of Common Council meetings to the end of February 1994, which proposes that no meeting be held the week of December 27 and that a regular meeting be held on Tuesday, January 4, 1994, at 7:00 p.m., to comply with the requirement for Council to meet every two weeks. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the time of the regular meeting of Common Council of November 22, 1993 be changed from 7 p.m. to 4 p.m., and that the necessary advertising be authorized to reschedule the public hearings for the following:- (1) a proposed Municipal Plan amendment and re-zoning with regard to property at 126 Main Street, as requested by Thane Holdings Inc.; (2) a proposed Zoning By-Law amendment to re-zone the property at 82 Mecklenburg Street, as requested by Keith Haley; (3) a proposed amendment to conditions with respect to signage imposed on the Hilyard Place development at 580 Main Street pursuant to Section 39 of the Community Planning Act, as requested by Peter Kindred for Design Art Signs, with the public hearings to be held on December 20; and that Council approve the proposed schedule of Council meetings to the end of February 1994. Deputy Mayor McAlary advised that she forwarded a letter to the Board of Trade recommending that, in the future, hopefully it will hold its functions on other than a Monday night. 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 reports that it sat on November 8, 1993, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the City lease approximately 13,055 square feet of land at the corner of Millidge Avenue and University Avenue, shown as Parcel "A" on the submitted plan, to Rocca Property Management Inc. under the following terms and conditions: (1.1) the rental to be $1,550 per year; (1.2) the lease to be for a term of ten years commencing September 1, 1994 or the date the centre opens, whichever comes first; (1.3) Rocca Property Management Inc. to be responsible for any survey work required to complete the leasing arrangement; (1.4) Rocca Property Management Inc. to be responsible for any taxes assessed against this property; (1.5) the lease to contain a clause permitting renewal for a ten-year period at a rent to be negotiated at that time; and (1.6) the land may be purchased at a price of $25,000 within the first 3 years of the lease; and (2) the City sub-lease a parcel of land with an area of approximately 2,322 square feet shown as Parcel "B" on the submitted plan under the following terms and conditions: (2.1) the rental to be $1.00 per year; (2.2) the lease to commence the same date as the lease of Parcel "A" to the company with the same time frames as stipulated in Rocca's lease from CNR; (2.3) the City to be responsible for any taxes assessed against this property; and (2.4) Rocca Property Management Inc. to be responsible for survey costs required to complete the lease. 2. That as recommended by the City Manager, Common Council request that the Minister of Advanced Education and Labour and the Workers' Compensation Board reconsider provisions of the Workers' Compensation Act requiring that injured 84-367 COMMON COUNCIL NOVEMBER 15,1993 employees not receive any remuneration for a period of time after the injury that is equivalent to three working days. 3. That as recommended by the City Manager, Common Council amend the City's Local No. 18 Establishment by reducing the number of chauffeurs in the Works Department from 39 to 38. 4. That as recommended by the City Manager Common Council amend the City's Local No. 18 Establishment by reducing the number of powdermen in the Works Department from one to zero. November 15, 1993, Saint John, N. B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. Councillor Knibb asked that Council consider with section 1 of the above report the letter from the Millidgeville Neighbourhood Association, which is on the agenda of this meeting, as it relates to the subject matter, and proposed a motion, which was seconded by Councillor Trites, to adopt section 1 and receive and file the letter in question. Councillor Gould expressed opposition to adopting section 1 of the above Committee of the Whole report on the basis that restrictions were imposed on the re- zoning of the property to limit the size of the development and the proposed land lease will have the opposite effect of what was promoted at that time. Councillor M. Vincent suggested that, rather than receive and file the Association's letter, there are points in it that are not correct and staff should respond to these for the official record, and the motion was changed to adopt section 1 of the above report only. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Millidgeville Neighbourhood Association expressing its position on the commercial development proposal for610 Millidge Avenue and the use of an approximately 17,000 square foot portion of Gorman Arena property into commercial development; and requesting Council to take a second look at this matter -- be referred to the City Manager for study and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that sections 3 and 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Landers voting "nay". 84-368 COMMON COUNCIL NOVEMBER 15,1993 On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the letter from the Recreation & Parks Advisory Board advising that at its October meeting a discussion took place about citizens smoking in the entrance section of Harbour Station for the reason that this area is now the new home of the Saint John Sports Hall of Fame, and many of the floor tiles are "memorial tiles" and should not have cigarettes butted on them; and asking that Council declare the entrance a "non-smoking area" -- be referred to the Saint John Regional Exhibition Centre Commission. Councillor Trites advised that action has already been taken on the above matter in that Harbour Station gave notice at the Saturday, November 13 hockey game that there would be no smoking in the building. Deputy Mayor McAlary apprised Council of the status of the Sports Hall of Fame floor tile sales program. (Councillor A. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from North End Family Housing Co-Operative Limited advising of the unacceptable conditions in the neighbourhood, and outlining some of the more pressing issues; and asking for Council's co-operation in reclaiming the community -- be referred to the City Manager, the Chief of Police and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. R. D. Chandler advising that the Third Annual Hideaway Sno-ball Tournament, with the proceeds going to Romero House, will be taking place on February 12-13, 1994; and requesting that the City of Saint John donate the use of the City ball fields for this tournament -- be received and filed and the request be granted. The initial motion proposed by Councillor Rogers and seconded by Councillor M. Vincent to refer the above request to staff was withdrawn upon Mr. Robichaud's recommendation that Council should approve it as it has in past years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Rod Winters, Premises Officer of CIBC Development Corporation, commenting on his discussions over the past couple of years with the Saint John Preservation Review Board and the Uptown development corporation on planned renovations in that, while initially, it seemed as though these groups were "anti-business" and only existed to promote the specific interest of the Trinity Royal Preservation Area, through careful negotiations they were able to strike a compromise between the two opposing cultures -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Gary J. McKendrick & Family expressing gratitude for Council's positive action on erecting the new traffic lights at the entrance to the Morland Mobile Home Park on 84-369 COMMON COUNCIL NOVEMBER 15,1993 Rothesay Avenue; and asking as an added safety effort, for increased police presence on Rothesay Avenue -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from (a) Dorothy Dawson requesting that the motion passed by Council recently to petition the Province to allow a statue to be placed in the Loyalist Burying Ground be rescinded; and (b) the New Brunswick Anti-Poverty Association asking Council to reconsider its proposal to erect a private statue to an eminent citizen of Saint John in the public burial ground on Sydney Street and terminate the application for the legislation -- be received and filed. 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. Common Clerk