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1995-08-14_Minutes 85-408 COMMON COUNCIL AUGUST 14,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of August, A.D. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; G. Tait, Fire Chief; Police Corporal R. Garnett; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on July 31, 1995, be approved. Councillor Knibb asked if the Mayor, further to her comments at the last meeting, was in a position to announce the members of the task force on the Marco Polo Project, to which the Mayor advised that she has not yet got the task force together as some of the key people she would like to have on it have been on vacation; however, it would be before Council at its next meeting. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment 407 -409 Prince Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 407-409 Prince Street (NBGIC Number 393629), from "R-1 B" One-Family Residential to "R-4" Four- Family Residential classification, to permit the continued use of the existing building on the property as a three-family dwelling, as requested by Mr. Larry Neal, and that no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and one letter and a petition in favour of the application, which were considered at the Committee's August 8 meeting at which the applicant spoke in favour of the proposal, expressed agreement with the Committee's referral of the matter to staff for further information from Building and Technical Services regarding the ability of the basement unit to meet Building Code requirements and indicated he would be willing to arrange an appointment for an interior inspection of the apartment; and recommending that, as the Committee is unable to make a recommendation at this time as a result of this referral, the public hearing be held as advertised but no decision be made until the Committee is able to submit a recommendation. (Councillors Trites and Vincent entered the meeting.) 85-409 COMMON COUNCIL AUGUST 14,1995 On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the application of Mr. Larry Neal for the re-zoning of 407-409 Prince Street be laid on the table pending a recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. 4(a) Street Closing By-Law Amendment Rope Walk Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Rope Walk Road, and that {Q..l a letter of objection has been received from Mr. Thomas J. Turnbull, advisor to the liquidator, Canada Trust, for Turnbull Real Estate Company. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Rope Walk Road, be read a first time. Deputy Mayor Chase asked why the situation would have occurred that, as indicated in the above letter, Mr. Turnbull would have received no notification of the pending street closure as an abutting land owner. Mrs. Munford advised that the advertising required under the Municipalities Act was carried out regarding the proposed street closing and that she contacted Mr. Turnbull by telephone, forwarded to him by facsimile all the documentation the City has in this regard and informed him of the public hearing, and she has had no further communication from him; and Mr. Baird made the observation that the practice of forwarding letters to individual property owners has been carried out through the Planning Advisory Committee re-zoning application and variance process, and expressed the understanding that this practice has not occurred in the past with respect to street closing issues. Question being taken, the motion was carried. Read a first time 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". 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 respect to closing a portion of Rope Walk Road, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". 7. Mavor's Remarks Mayor McAlary proclaimed August 19 as National Homeless Animals Day and encouraged cat and dog owners to act responsibly in having their animals neutered to prevent over-population; and August 20 as Marathon Sunday in recognition of the First Annual Festival By The Sea Marathon; and commended City employees for the appearance of the City's Uptown area and parks. Greetings were extended to Mrs. Lillian Vincent, Councillor Vincent's mother, on the occasion of her 90th birthday. 85-410 COMMON COUNCIL AUGUST 14,1995 8. Air Quality Control MonitorinQ Read a letter from Councillor Vincent advising that it has been brought to his attention that a service provided by inspectors with air quality control monitoring responsibilities might only last until the fall, possibly November; and recommending that, through the Environment Committee and Common Council, a formal letter be sent to the Minister of the Environment advising of the success of the presence of air quality control monitoring inspectors and the appreciation the residents have, and formally requesting that these inspectors be kept in place and continue on with this process, which has met with a very high degree of appreciation and success from the residents' perspective. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the above recommendation be adopted. Councillor Vincent clarified that the proposed letter would be forwarded under the Mayor's signature on behalf of Council. Question being taken, the motion was carried. 9. BorrowinQ Resolutions Consideration was given to a report from the City Manager recommending adoption of the submitted resolutions to formalize the City's line of credit with the Bank of Nova Scotia. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that for general operating purposes: 1. The Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1995; 2. Any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. The Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; and 4. The Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for current year and for any preceding years and all of the monies collected or received from any other source: AND FURTHER that for the purpose of bridge financing on capital expenditures: 85-411 COMMON COUNCIL AUGUST 14,1995 5. The City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; 6. Any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 7. Any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an agreement or agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rates as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 10. Progress Payments Contracts 94-14.94-10.94-5 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 94-14, Milford Road Water & Sewer Construction Dean Construction Limited Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated August 8, 1995 Final holdback release $395,461.00 356,584.18 Nil 332,819.20 23,764.98 1,554.72 $ 23,764.98 2. Contract 94-10, Sydney Street Victoria Street Water & Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated August 8, 1995 Final holdback release $223,019.20 195,537.53 Nil 176,592.80 18,944.73 1,239.37 $ 18,944.73 3. Contract 94-5, Molson Avenue Water & Sewer Construction Dean Construction Limited Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved $118,965.00 115,765.38 500.00 103,765.38 85-412 COMMON COUNCIL AUGUST 14,1995 Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated August 8, 1995 Partial holdback release. 11,500.00 752.34 $ 11,500.00 Question being taken, the motion was carried. 11. Tender For Contract 95-2, Western Beaches Collector System - Phase I On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 95-2, Western Beaches collector system - Phase I, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $935,037, 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. 12. Tender For 6th Floor Renovations On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Composite Builders Inc., in the amount of $23,400 (all taxes included), be accepted for interior renovations to the 6th floor of City Hall. Question being taken, the motion was carried. 13. Tillev Square Bandstand Read a report from the City Manager submitting a recommendation further to Council's consideration on May 29, 1995 of a request from the West Side Preservation and Development Association, for a grant for the Tilley Square Bandstand to be used to pay down the outstanding debt which the organization has with the Bank of Nova Scotia. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve a grant in the amount of $4,000 to be paid to the West Side Preservation and Development Association for the purpose of paying down its loan with the Bank of Nova Scotia, and such amount be charged against the 1995 Unspecified Grant Account. Question being taken, the motion was carried. 14. Municipal Plan Amendment And Re-ZoninQ 121 Golden Grove Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of R. A. Howe Holdings Ltd., concerning property located at Golden Grove Road, have been completed, the date for objections having expired on August 3, 1995, with no written objections, and the submitted letter from Christopher L. Beyea, having been received in this regard. 85-413 COMMON COUNCIL AUGUST 14,1995 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of R. A. Howe Holdings Ltd. for a Municipal Plan amendment and re-zoning of property located at 121 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 18, 1995. Question being taken, the motion was carried. 5. J.M. Corey - World Court Proiect Mr. Judson M. Corey addressed Council with the request for endorsement of the World Court Project, a world-wide movement to persuade the International Court of Justice to make a pronouncement on the legality or illegality of nuclear weapons; and asked Council to endorse the World Court Project toward the eventual abolition of all nuclear weapons by the adoption of the submitted resolution. There was discussion with respect to the manner in which the organization would deal with so-called outlaw states which may already have nuclear capabilities and those which might not comply with a pronouncement that nuclear weapons are illegal, as well as an observation about Council's involvement in a debate on an international matter. On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that the following resolution be adopted, namely:- WHEREAS the Common Council of the City of Saint John recognizes that the danger of nuclear weapons threatens our very existence; and WHEREAS a number of significant Canadian organizations and individuals support the World Court Project initiative to seek an advisory opinion on the legality of nuclear weapons from the International Court of Justice; and WHEREAS the World Federation of Public Health Associations, in its May 1993 meeting, unanimously passed a resolution endorsing the World Court Project initiative; and WHEREAS over a hundred nations, meeting at the World Health Assembly of the World Health Organization, voted on May 14, 1993, by an overwhelming margin to support the World Court Project initiative; and WHEREAS a majority of nations, meeting at the United Nations General Assembly voted on December 15, 1994 to support the World Court Project initiative: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John endorses and supports the initiative to request an advisory opinion from the International Court of Justice on the legality of nuclear weapons, and encourages the Canadian Government to submit a legal brief to the Court arguing that the use of nuclear weapons is illegal under international law. Question being taken, the motion was carried. 6. Saint John Board Of Trade Airport Transition Team Messrs. Lino Celeste, Chairman, Robert Creamer and Pat Riley, of the Saint John Board of Trade Airport Transition Team, were present at the meeting with respect to the process involved in commercializing airports and transferring them to Canadian airport authorities as set out in the previously-submitted information. Mr. 85-414 COMMON COUNCIL AUGUST 14,1995 Celeste commented on the background from July 13, 1994 when Federal Minister of Transport Doug Young announced the National Airports Policy and subsequent to October 1994 when the City approached the Board of Trade to steer the process; and advised that, based on information to date and with much more to come before anything is finalized, the Team has concluded that the community would be better served if the Airport were run by people from the community as opposed to people from outside the community, depending on whether or not they get the where-with-all to run it and, of course, with financial consideration. Mr. Celeste also advised that, with respect to the reported loss of approximately $900,000 a year at the Saint John Airport and the instruction given by the Transport Minister for all of the airports in this process to reduce their deficits to zero within five years, the Transition Team has been given the plans of how it is intended to get that deficit down to zero in five years, although it is not sure how enthusiastic it is about how some of the cuts are going to be made; thus the Team's objective is not only to eliminate that deficit but to try to turn it around so that the Airport is profitable and therefore becomes an asset to the community for air transport, as well as an asset to the community in terms of economic development for the region. Mr. Celeste explained the basis of what, in taking over the Airport, must be negotiated in terms of the lease rental formula for the Airport under the National Airport System Lease Rental Formula; and that, as the job the Transition Team has ahead of it is to determine the costs and the subsidy and negotiate a formula that will determine the rent and the Transition Team must be an incorporated entity in order to get into detailed negotiations, the Team must be incorporated before proceeding with the lease negotiations on the understanding that this will not mean necessarily that it will continue with the process and take over the Airport, but that incorporation would give the group the right to go forward to get more information and to try to negotiate a deal that makes sense. Mr. Celeste made the commitment to come back to Council at the point when the group has the final draft of a ground lease and the draft agreement to transfer with which it is satisfied; or, if the committee is not satisfied and cannot come to an agreement on something that makes sense in its view, it would come back to Council for some guidance and more of an update; and requested a Council resolution to go ahead with the incorporation of the Canadian Airport Authority for the Saint John Regional Airport and for the authority to sign a letter of intent to go on with the negotiations so that it can be provided with the information needed. On the matter of funding, Mr. Celeste advised that Board of Trade funding has been used by the committee for what little money it has spent to date and it is the understanding that the Board of Trade will finance this for awhile and, if the Airport Authority is finally incorporated and takes over the Airport, the first item on its list of liabilities would be the money that it owes to the Board of Trade for the process that went forward until that point in time; also advised that the committee has not contemplated what would happen if it does not go ahead with the incorporation of the new company because the Board of Trade would then have some money owing on its books and an attempt would have to be made to determine how to reimburse it for that; and apprised Council of the reason for a request for funding from the Atlantic Canada Opportunities Agency. With respect to the question of risk to, obligation or requirements, of the City, Mr. Celeste referenced, in the submitted portion of the Incorporation By-Laws on the nomination of members for the Airport Authority, the responsibility of the City of Saint John to appoint two representatives to the Board of Directors of the Airport Authority in that this is the only place in the By-Laws where the City of Saint John is mentioned or has any responsibility, and there is nothing therein that binds the City in any way for any financial transactions; and advised that the committee would undertake, before finalizing the Incorporation By-Laws and conducting itself with the Minister, to submit the Incorporation By-Laws to the City Solicitor so that he can satisfy himself that there are no civic obligations in them, other than for the nomination of two members to the Board, and also of the intent to contact, out of courtesy, all of the other mayors in the outlying areas to inform them of the group's actions. Mr. Celeste, in response to Council queries, advised that it is hoped that the initial Board would be comprised of the members of the committee now in place and that, if a final arrangement is negotiated and the Airport is taken over by that body, then it would be time for each of the people who has a right to nominate directors to act accordingly, but it would be helpful if the existing committee stayed on as the group to negotiate right through to the final arrangements; explained that the letter of intent would allow negotiations to begin with respect to the rental formula and the series of steps with respect to employees and labour contracts before finally taking over the Airport, although the Board could not take over the operation of the Airport without 85-415 COMMON COUNCIL AUGUST 14,1995 coming back to Council, when the negotiations are completed, to give an overview of what the financial picture looks like, what the cost would be and what concerns and questions there are; and also advised that, as for any expectancy of the City of Saint John providing financial assistance in the interim, it might be necessary for the City to help if it got beyond the capability of the Board of Trade; however, the group would have to come back to Council to plead its case and indicate its proposal for reimbursement and such. With respect to corporation officers, Mr. Celeste advised that the initial corporation would not have any officers, but would just carry on negotiations as a team of directors, although there would be a need for officers if the final take-over of the Airport occurs; and that, with Council's approval first and the Minister's agreement with the arrangement, the group would incorporate and proceed as if it wants to take over the Airport but, in the end if it feels it cannot make it work, then the operation of the Airport would be put back into the Federal Government's hands. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Council endorse the incorporation of the Canadian Airport Authority for the Saint John Regional Airport and authorize the signing of a letter of intent in this regard. Question being taken, the motion was carried. 15. Subdivision Bv-Law Consideration was given to a letter from the Common Clerk advising that, pursuant to Common Council resolution of July 17, 1995, the necessary advertising has been completed to allow Council to eliminate the necessity of the submitted Subdivision By-Law being read in its entirety prior to third reading, and the Municipalities Act provides that, following such advertising, a by-law may be read by section numbers only prior to third reading, if no member of Council objects. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-120 A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. Mayor McAlary stated that the proposed Subdivision By-Law has been advertised under Section 12 of the Municipalities Act, and requested the Common Clerk to read the By-Law by section numbers only, unless a member wished to object to this procedure. The Mayor also stated that, if there are no objections and while the By-Law is being read by section numbers only, any member may ask questions during the reading of the sections or following the reading; and further that, if there are objections, the By-Law will be read in its entirety; however, the objection may be withdrawn before the Common Clerk commences to read the By-Law in its entirety. The by-law entitled, "By-Law Number C.P. 100-120 A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read by section numbers only. Question being taken, the motion was carried. 16(a) Municipal Plan Amendment 80 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor 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, a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845), from District Centre Commercial to Medium Density Residential classification, 85-416 COMMON COUNCIL AUGUST 14,1995 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 is entirety. Question being taken, the motion was carried. 16(b) Zoning By-Law Amendment 80 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number C.P. 100-381 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 80 Douglas Avenue (NBGIC Number 368845), from "ID" Integrated Development to "RM-1" Three-Storey Multiple 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. 100-381 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. 17. Zoning By-Law Amendment 158 Manners Sutton Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-382 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 750 square metres (8,073 square feet) of land situated at 158 Manners Sutton Road, also being identified as portions of NBGIC Numbers 50559 and 55092266, from "RF" Rural to "R-1A" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-382 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. 18. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, July 31, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council authorize the City Manager to approve an expenditure of up to $30,000 for the purpose of partnering with the Provincial Department of Economic Development and Tourism, in the promotion of the Bay of Fundy product to potential visitor markets, in the interest of further developing the City's and the region's tourism industry. 2. That as recommended by the City Manager, Common Council: (a) 85-417 COMMON COUNCIL AUGUST 14,1995 authorize the advertisement of its intention to close Walter Street between Ford Avenue and Rothesay Avenue and all the remaining portion of Ford Avenue between Holland Street and Ford Avenue not previously closed by Common Council; (b) authorize staff to take the necessary steps to acquire clear title to the 15-foot wide lanes between Holland Street and Broadway Street; (c) approve, should Walter Street and Ford Avenue be closed by Common Council and the City acquire title to the 15-foot wide lanes, the sale of the portions of the above streets and land adjoining the Glen Falls Motel not required for municipal purposes to Robert and Isabel Jeffrey for the agreed-upon price of: (i) $.30 per square foot for land through which the City will not require easements or rights-of-way; (ii) $.15 per square foot for land through which the City will retain easements or rights-of-way; and (d) authorize the Mayor and Common Clerk to execute all documents necessary to transfer title to Robert and Isabel Jeffrey. 3. That Mayor Shirley McAlary be named as the City of Saint John's representative to the Fundy Region Solid Waste Commission. August 14, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 18.1. Tourism Promotion PartnerinQ On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 1 of the above report be adopted. The Mayor advised that Mr. Francis McGuire, Deputy Minister of Economic Development and Tourism, will be making a full presentation on the Bay of Fundy product at Council's next regular meeting on August 28. Question being taken, the motion was carried. 18.2. Proposed Closing And Sale Portion Of Walter Street. Ford Avenue On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 18.3. Appointment To Fundy ReQion Solid Waste Commission On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 19. Planning Advisory Committee Zoning By-Law Text Amendment Section 840 Vertical Poster Panels Consideration was given to a report from the Planning Advisory Committee advising that, as indicated in the submitted copy of the report from the Planning Department, the new vertically-oriented design for poster panels for which the Committee granted a variance to Adcom Communications is becoming widely used in other areas of the country and, as the Zoning By-Law does not currently provide for this 85-418 COMMON COUNCIL AUGUST 14,1995 type of sign, staff has recommended that the By-Law be amended in order to avoid the necessity of variance applications in the future; also advising that the Committee adopted the staff recommendation in this regard, except that the Committee recommends that a maximum sign-face height of 7.4 metres (24 feet) should be considered; and recommending that an amendment to the Zoning By-Law be initiated by the City to add the following new sub-clause (iv) to Section 840(5) of the By-Law: "(iv) notwithstanding sub-clause (i), the face of a poster panel may be increased to a maximum height of 7.4 metres, provided that the width does not exceed: 4 metres, in the case of a single panel; and 8 metres, in the case of two panels located together as a unit.". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that a proposed Zoning By- Law text amendment with respect to vertical poster panels 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 September 18, 1995. Question being taken, the motion was carried. 20. Saint John Parking Commission Bv-Law Enforcement Officer Consideration was given to a letter from the Saint John Parking Commission recommending the appointment of Dana Andrew Pickett as a By-Law Enforcement Officer. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-Law, namely: Dana Andrew Pickett: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 21. Federal Minister of Finance Mav 1 CCO Re Health Care Issue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Honourable Paul Martin, Federal Minister of Finance, commenting on Common Council resolution of May 1, 1995 on health care, a primary concern of which relates to the impact on health care of changes in transfer payments -- be received and filed and the Minister be thanked for his letter. Question being taken, the motion was carried. 85-419 COMMON COUNCIL AUGUST 14,1995 22. Minister Of Municipalities, Culture And Housing June 26 CCO Re Residential Property Tax Credit On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Honourable Paul Duffie, Minister of Municipalities, Culture and Housing, advising that he has forwarded to the Minister of Finance, who is responsible for the Residential Property Tax Relief Act, Common Council resolution of June 26, 1995 pertaining to the application of the residential property tax credit to rental properties -- be received and filed and the Minister be thanked for his letter. Question being taken, the motion was carried. 23. Solicitor General Jane Barry Greenhead Road Sidewalks On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from The Honourable Jane Barry, Solicitor General, MLA Saint John West, advising that it has come to her attention that the residents of Greenhead Road have anxiously awaited for many years installation of concrete sidewalks on their street, and would like to be informed of where on the City's priority list Greenhead Road might be -- be referred to the City Manager. Question being taken, the motion was carried. 24. Holland House Inc. Television Documentarv On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mrs. Bertha Wood-Holt, Executive Producer and Copyright Owner, Holland House Inc., suggesting that the City might like to show the video tape of episode two "The City's First Housing Crisis", of her TV Documentary mini-series trilogy, "The Saint John Story", at appropriate tourist vantage points; and requesting that, as the trilogy is about two- thirds finished and she is unable to finish the project with Fundy Cable and hopes to do so with the National Film Board to which she has sent a demo-tape, the City of Saint John contribute $2,000 to make her continuance possible -- be referred to the City Manager. The Mayor advised that she has the above-mentioned video tape for Council members who would like to view it. Question being taken, the motion was carried. 25. Romero House Inc. (Soup Kitchen) Re-ZoninQ 647-649 Brunswick Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Romero House Inc. (Soup Kitchen) for the re-zoning of property at 647-649 Brunswick Drive 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 September 18, 1995. Question being taken, the motion was carried. 85-420 COMMON COUNCIL AUGUST 14,1995 26. Manawagonish Road Tree Preservation Committee Re Heavv Truck Traffic On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Reverend E. Lloyd Lake, Chairman of the Manawagonish Road Tree Preservation Committee, advising of a concern with respect to the heavy traffic that continues to travel on Manawagonish Road; and suggesting that signs should be placed more immediate to Church Street and/or Kierstead Road to direct heavy trucks from the residential area -- be referred to the City Manager. Question being taken, the motion was carried. 27. Teed & Teed For 039842 N.B. Inc. Offer To Sell Fallsview Drive Property On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Teed & Teed, Barristers & Solicitors, representing 039842 N.B. Inc., the owners of 1.4 acres of land at Fallsview on which at one time there was a boat museum; advising that the owner is interested in disposing of the land and wishes to give the City the first option -- be referred to the City Manager. Question being taken, the motion was carried. 28. Peter & Jody Pappas - Re-Zoning Corner Boars Head Road & Caledonia Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Peter and Jody Pappas for the re-zoning of property at the corner of Boars Head Road and Caledonia Drive 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 September 18, 1995. Question being taken, the motion was carried. 29. St. James The Less Church - Section 39 Amendment Re-ZoninQ 1770 Rothesav Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of St. James The Less Church for an amendment to the Section 39 conditions of re-zoning of 1770 Rothesay Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 18, 1995. Question being taken, the motion was carried. 30. United Nations Association In Canada N.B. Branch - Anniversarv Of United Nations On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the 85-421 COMMON COUNCIL AUGUST 14,1995 United Nations Association in Canada, N.B. Branch, proposing that, as a program to mark the 50th Anniversary of the United Nations on October 24, children of Saint John each place a cobblestone at a specified location on the lower field at Fort Howe to be erected into a stone memorial that would serve as a lasting tribute to the efforts of the United Nations; and asking for the City of Saint John's approval in principle of this proposal so that the youth groups can be contacted and further arrangements made -- be referred to the City Manager. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk