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1995-10-02_Minutes 85-484 COMMON COUNCIL OCTOBER 2, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of October, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer. 0 Canada Mayor McAlary called the meeting to order, and Reverend David Warren of the Saint John Foursquare Gospel Church offered the opening prayer. Mayor McAlary welcomed to the Council Chamber Mr. Kevin Langford, Choir Director, and members of the Saint John Rotary Boys Choir, who opened the meeting by the singing of "0 Canada" and "Canada Our Home". The Mayor noted that the Rotary Boys Choir is the oldest established choir of its kind east of Toronto, and thanked the Choir for its participation in this Council meeting. 2. Approval of Minutes On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on September 25, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment Crane Mountain. HiQhway 7 & 177 Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at Crane Mountain, containing an area of approximately 330 acres and fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301 and 55043293 and portions of NBGIC Numbers 55086987 and 55087019, from Rural to Heavy Industrial classification, to permit re-zoning of the parcel of land from "RF" Rural and "P" Park to "1-2" Heavy Industrial classification, and the development of a sanitary landfill facility, including a recycling and composting facilities, for the Fundy Region. Councillor Vincent advised that he wanted to go on record, once again, as having obtained no information or any other proposal that would allow him to change his mind from that which he previously stated and, while this will go through the process and he will have an open mind in terms of hearing the process, he is still opposed to this course of action. Mayor McAlary asked if, being near the hour of 7:15 p.m., Council wished to proceed with the presentation scheduled for that time. 85-485 COMMON COUNCIL OCTOBER 2, 1995 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Council allow the Animal Rescue League to proceed with its presentation. Question being taken, the motion was carried. 4. Animal Rescue LeaQue Ms. Elaine Doiron, President of the Board of Directors of the Animal Rescue League, appeared before Council to present the League's reasons for its request for the City's Dog Control By-Law to be amended to an Animal Control By-Law so as to include cats. Ms. Doiron, having introduced Vice President Cybil Smith, expressed the understanding that Moncton, Fredericton and Riverview have already adopted the recent amendment to the Municipalities Act on animal control; and explained that, as the Animal Rescue League's mandate is a concern for the care and well being of animals and also for the quality of life for the citizens of Saint John, the League has a dilemma in that the number of stray cats in the City is staggering and the League, as a humane society, cannot and will not turn any animal away. Through a slide presentation of the Animal Rescue League's facilities, Ms. Doiron apprised Council of the League's operation; and asked, in view of the cat problem and the $45,000 cut to the League's operating budget in the past two years which has caused enormous strains in resources, for feedback from Council as solutions are needed. Ms. Doiron expressed the opinion that an animal by-law would provide the tool needed to help solve the problem of too many cats being euthanised, give assurance that cat identification tags would become mandatory and enable the League to pick up stray cats and hopefully have them returned to their owners more quickly, as well as help to avoid a health risk as cats use playgrounds and school areas as litter boxes and can cause rabies if not vaccinated, and give public awareness of the need to spay or neuter cats in order to control their reproductive cycle. The Mayor asked if the League would require additional financing from the City of Saint John if there were a cat by-law in place or if the League could operate with the fee collected from fees and licenses, to which Ms. Pauline Flewelling, Past President of the Animal Rescue League, replied that the League does not consider the contract it has with the City of Saint John as a grant, but as a contract for services rendered, and that, if the Dog Control By-Law were amended to control cats, the League would be doing an additional service and it would be necessary to renegotiate a contract with the City for 1996 and hopefully negotiate an additional sum; noted the cost to the League from January 1 through August 31 of $38,881 to provide shelter for cats, as well as the League's current deficit of over $16,000; and advised that, while the League supplies cat identification and has a registry in the computer, the League would like to make it mandatory and incorporated in a by-law in that proof of vaccination for at least rabies would be required before identifications would be issued. The Mayor thanked Ms. Doiron and Ms. Flewelling for their presentation, and advised that, as Council has already requested the City Manager to submit a report on the matter, this report will be before Council probably sometime this fall; and Mr. Totten advised that staff anticipated the League's presentation to Council in this regard, with the intent being to submit a report to Council within the next few weeks. 5. Wieslaw Wojcik - NaminQ Of Road Mr. Wieslaw Wojcik of Stevens Road addressed his previously-submitted correspondence explaining that it has come to his attention through an employee working for the Office of the Chief Electorate Officer that he had not been registered on the list of voters for the September 11, 1995 Provincial election because the name of the road on which he lives had been eliminated from the Martinon area by the City of Saint John, and that Mr. Ellefsen of the Civic Address Program confirmed that the name of the road on which he lives, which is the end of the Stevens Road, inappropriately renamed by the City as the McGuire Road, in Martinon, had been eliminated because that same name was already in use in Lorneville; and asking that this road be named "rue Nelson Mandela Road", to enshrine the name of this great freedom fighter and Nobel Peace Prize recipient. Mr. Wojcik noted that his request is 85-486 COMMON COUNCIL OCTOBER 2, 1995 supported by ten of his eleven neighbours, as indicated by their signatures on his submission; and asked Council's endorsement and approval of renaming Stevens Road to Rue Nelson Mandela Road. Councillor Waldschutz spoke in opposition to the above proposal on the basis of his familiarity with Mr. Nelson Mandela's past and current activities having come from that part of the world and that Council would be at great risk of being manipulated by people or factions with their own agenda if it is starts honouring personalities from far away about whose activities Council possibly would not be fully cognizant; and Councillor Arthurs expressed agreement with Mr. Wojcik in the great statesman of Nelson Mandela and in his proposal to rename Stevens Road. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the presentation by Mr. Wieslaw Wojcik requesting the renaming of Stevens Road to Rue Nelson Mandela Road be referred to the City Manager. The Mayor made the observation that, by the above referral, City staff would be in touch with the residents and Mr. Wojcik about renaming Stevens Road; and assured him that this matter would be looked after immediately so as to have a name on the Road for the 911 and Civic Address Program, the promotion for which was launched earlier this date. Question being taken, the motion was carried. 6. The Market Square Corporation Annual Reports - Corporation & ParkinQ GaraQe Consideration was given to a letter from Mr. John Shackleton, General Manager of The Market Square Corporation, submitting the 1994 Annual Reports for The Market Square Corporation and the Market Square Parking Garage, to be presented at this meeting. Messrs. Henry Meinhardt, Chairman; Harold Stafford, Vice Chairman; John Shackleton, General Manager; and George Gamble, Assistant General Manager, of The Market Square Corporation, were present at the meeting, and Mr. Meinhardt presented, in turn, the 1994 Annual Reports of The Market Square Corporation and the Market Square Parking Garage. Mr. Meinhardt, in response to Council queries, explained that the property taxes on Market Square are down this year because of the construction for the Museum, but will probably go up again and that, while the recession has hit Market Square quite severely over the last couple of years, it is hoped that will revert once the Museum is completed and in operation; and advised that, while the number of cars parking in the Market Square Parking Garage is up, the percentage of usability would be about 25 per cent. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the 1994 Annual Reports of The Market Square Corporation and the Market Square Parking Garage be received and filed with appreciation. Question being taken, the motion was carried. 7. Mayor's Remarks Mayor McAlary presented the 1995 Downtown Achievement Award for Outstanding Service to Mr. Colin Whitcomb, General Manager of Market Square, and former General Manager of Uptown Saint John Inc. from 1988 to 1994; and Mr. Whitcomb, in accepting the Award, expressed appreciation to Uptown Saint John Inc. President Charles Swanton and Directors for their nomination of him. 85-487 COMMON COUNCIL OCTOBER 2, 1995 Mayor McAlary extended condolences to the family and friends of the late Linda Clark, sister-in-law to Councillor Arthurs; and to the family and friends of the late Mr. Louis Murphy, who passed away on October 1, noting the late Mr. Murphy's service to the City as a member of Common Council and a member of the Legislative Assembly for Saint John Harbour. The Mayor noted Saint John Port Days on October 3 and 4; proclaimed October 2 to 8 as Operation Number For Life Week in the City of Saint John; invited the citizens to attend a civic ceremony in front of City Hall on Tuesday, October 10 on the occasion of Governor-General Romeo LeBlanc's official visit to the City; and extended an invitation, on behalf of the Saint John Chapter of the Ostomy Association, for those concerned to attend its monthly meetings. 8. Notice Of Motion - Capital FinancinQ Her Worship the Mayor gave the following Notice of Motion:- "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution, namely: RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND- General Government: City Hall Leasehold Improvements $104,645; Human Resource Project $265,933; Computer Upgrade $427,450; Parking Meter - Hand Held Units - $61,723 -- $859,751 Protective Services: Police Facilities $40,249; North End Fire Station $357,862; Millidge Avenue Fire Station $15,886; King Street West Fire Station $9,635; Leinster Street Fire Station $33,819; West Side Fire Station $238,339; Fire Apparatus $416,122 -- $1,111,912 Transportation Services: Alpha Place $33,099; Alvic Place $13,246; Anthony's Cove Road $43,638; Argyle Street $117,864; Bellevue Street $54,190; Boars Head Road $130,848; Brentwood Crescent $5,159; Canterbury Street $275,440; Centre Street $10,403; Champlain Drive $12,174; Chipseal $7,577; Church Avenue $36,240; Churchill Boulevard $24,221; Churchill Boulevard (Extension) $82,464; City Line $24,219; Clarendon Street $75,686; Clarence Street $47,303; Crown Street $53,371; Dominion Court $46,251; Duke Street (C) $49,042; Duke Street (W) $13,993; Ellerdale Street $17,657; Forest City Street $54,115; Garden Street Interchange $133,258; Germain Street (W) $8,542; Glenwood Drive $6,175; Harvey Street $21,850; Havelock Street $12,537; Hickey Road $117,200; Hillcrest Road $92,722; Jean Street $17,054; Kennebecasis Drive $70,875; Local Drainage $98,063; Loch Lomond Road $93,522; Lorneville Road Chipseal $53,812; Main Street (N) $204,691; Main Street (W) $5,153; Manawagonish Road $248,846; Mansfield Street $26,418; Market Place $15,712; McAllister Drive $67,325; Metcalf Street $117,438; Millidge Avenue $17,965; Mount Pleasant Avenue (C) $69,007; Mount Pleasant Avenue (E) $25,397; Municipal Operations Complex $9,489; Newman Street $7,123; Paradise Row $11,408; Park Avenue $148,967; Peel Street $7,732; Pine Avenue $79,064; Range Road $34,190; Raynes Avenue $23,720; Rifle Range $90,539; River Hill Drive $15,131; Rothesay Avenue $74,914; Royal parkway $8,008; Sand Cove Road $55,483; Sewell Street $56,356; Simms Street $7,389; Somerset Street $16,380; Stanley Street $38,619; St. James Street (W) $15,920; St. John Street $43,194; St. John Street (W) $42,927; Sydney Street $17,327; Thomas Road $6,136; Thorne Avenue $5,778; Union Street $109,930; Works Depot East $14,761; Works Depot North $17,534; Works Depot Rothesay Avenue $75,572; Works Depot West $6,744 -- $3,792,097 Environmental Health: Spruce Lake Landfill Site -- $639,288 85-488 COMMON COUNCIL OCTOBER 2, 1995 Environmental Development: City Market - Germain Street $66,914; Pedway - Harbour Station $60,045; VIA Station Relocation $53,300 -- $180,259 Recreation & Cultural: Belyea Arena $23,291; City Market $52,905; Fallsview Park $16,269; Gorman Arena $10,184; Hurley Arena $33,495; King's Square $7,851; King's Square Master Plan $34,054; Lancaster Arena $89,486; Maintenance Building Adelaide $16,371; Millidgeville Centre $21,157; North End Community Centre $9,493; Rockwood Park $130,680; Upgrading - Memorial Field $8,457 -- $453,693 Public Transit -- $700,000 TOTAL GENERAL FUND $7,737,000 WATER & SEWERAGE UTILITY - Water System: CAD System $6,287; Canterbury Street $31,252; Clarendon Street $8,952; Cottage Road Standpipe $10,398; Cranston Avenue $143,070; Duke Street $21,480; Edward Street $108,152; Fire Hydrant Relocation $11,973; Jean Street $30,951; Lakewood Avenue $26,425; Lead Services $34,171, Loch Lomond Road $41,899; Manawagonish Road $165,717; Manners Sutton Road $22,540; Metcalf Street $7,179; Meter Readers - Hand Held $32,627; Milford Road $181,969; Mill Street $46,126; Molson Avenue $69,676; Mount Pleasant Avenue (E) $30,474; Park Street $24,077; Queen Street (C) $149,232; Rayland Street $54,722; Rifle Range $47,700; Rothesay Avenue $162,958; Service Renewal $116,854; Spruce Lake $61,783; St. John Street $90,148; Sydney Street $64,137; Victoria Street (C) $31,726; Watersheds $58,598; West Side Standpipe $33,540; Westmorland Road $54,532 -- $1,981,325 Sewer System: Clarendon Street $6,913; Cranston Avenue $300,659; Duke Street $14,617; Edward Street $167,142; Expansion Avenue $6,496; Fundy Drive $6,576; Glen Falls Lift Station $20,153; Golden Grove Road $23,572; Jean Street $30,838; Lancaster Sewage Treatment Plant $5,211; Lansdowne Avenue $5,485; Loch Lomond Road $29,850; Milford Road $229,958; Molson Avenue $92,719; Mount Pleasant Avenue (E) $22,209; Queen Street (C) $95,097; Rayland Avenue $78,311; Rifle Range Rehabilitation $97,115; Sewer Laterals $27,422; Sewer Pipe $528,449; St. John Street $63,917; Sydney Street 95,505; Victoria Street (C) $58,694; Walter Street $8,661; Wastewater Pumping Stations $130,164; Wastewater Sewage Treatment Plant $42,942 -- $2,188,675 TOTAL WATER & SEWERAGE UTILITY $4,170,000 TOTAL FOR ALL PURPOSES $11,907,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $11,907,000.". On motion of Councillor Trites Seconded by Councillor Brown RESOLVED that the report from the City Manager in the above regard be received and filed. Question being taken, the motion was carried. 9. Tender For Contract 95-29 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the 85-489 COMMON COUNCIL OCTOBER 2, 1995 City Manager, contract 95-29: Daniel Avenue storm sewer construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $33,249, 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. 10. Tender For Contract 95-30 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 95-30: McGuire Road construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $16,965, 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. 11. Changes To Lease Agreement TDL Group Ltd. - Rocca Property Management Inc. MillidQe Avenue/Universitv Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council approve the inclusion of a clause or clauses in the lease agreement approved by Council on November 15, 1993, whereby: (a) Rocca Property Management Inc. is permitted to sublease Parcel "A", as referred to in the lease agreement, to TDL Group Ltd.; and (b) the City agrees to enter into an agreement with TDL Group Ltd. for the balance of the term of the lease agreement on the same terms and conditions, should the lease agreement with Rocca Property Management Inc. be prematurely terminated during the first or second ten (10) year term of the lease agreement; and (2) Common Council authorize the Mayor and Common Clerk to execute all documents required to implement recommendation (1). In response to Councillor Gould, Mr. Baird advised that the development has accesses on both University and Millidge Avenues, both set back some distance from the intersection itself, whereupon Councillor Gould expressed the opinion that would this create a terrible traffic hazard in that, between 4:00 and 6:00 p.m., traffic is already congested. Question being taken, the motion was carried with Councillor Gould voting "nay". 12. Meadowland Subdivision - Easement Consideration was given to a report from the City Manager advising that, further to Common Council resolution of July 31, 1995 regarding the acquisition of an easement for municipal services in the Meadowland Subdivision, one of the property owners now wants to change the terms of sale as he believes he should receive more compensation, and the Legal Department informed the Real Estate & Facility Management staff that it would be in the City's interests to offer higher compensation to the property owners and avoid the expense and time associated with an expropriation or other legal action, and staff has met or spoken with all the property owners and a new agreement to acquire an easement has now been agreed upon; and recommending adoption of the submitted resolution. 85-490 COMMON COUNCIL OCTOBER 2, 1995 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of July 31, 1995, pertaining to the acquisition of an easement for municipal services in the Meadowland Subdivision, be rescinded: AND FURTHER that as recommended by the City Manager, Common Council authorize the acquisition of an easement for municipal services from the below- listed property owners, for the indicated terms: 1. 14 Lilac Lane Owner: G. Marguerite Belyea - over an area covering 76 square metres more or less, as shown on the plan provided, for the sum of $500 plus legal and survey costs 2. 50 Honeysuckle Drive Owner: Bernard Allan Leavitt - over an area covering 27 square meters more or less, as shown on the plan provided, for the sum of $225 plus legal and survey costs 3. 46 Honeysuckle Drive Owner: Stanley and Judith Irvine - over an area covering 88 square metres more or less, as shown on the plan provided, for the sum of $800 plus legal and survey costs. Question being taken, the motion was carried. 13. Planning Advisory Committee 34-38 DouQlas Avenue Non-ConforminQ Use On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Council, pursuant to Section 41 (1) of the Community Planning Act, require that the site and building at 34-38 Douglas Avenue be developed in accordance with detailed site and building elevation plans to be prepared by the applicant and subject to the Development Officer's approval, indicating parking lot layout and surface treatment, landscaping, storefront design and signage details. The Mayor asked if the City's Heritage Planner has been involved in the above matter to which Mr. Baird replied in the affirmative and advised that, even though this particular property is not one of the designated heritage properties, the Heritage Planner has provided assistance to staff on this project. The Mayor, in confirming Councillor Gould's observation that Council recently dealt with the above property, made the observation that Council rejected an application for re-zoning of the above property, while the Planning Advisory Committee's recommendation to Council is for a non-conforming use of the subject property under Section 41 of the Community Planning Act; and suggested that Mr. Baird may wish to comment on an additional letter received at this meeting. * Added Item On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from David N. Stevens (copies of which were distributed to Council members at this meeting), regarding the Planning Advisory Committee's recommendation with respect to 34-38 Douglas Avenue, be added to the agenda of this meeting for consideration as item 13A 85-491 COMMON COUNCIL OCTOBER 2, 1995 Question being taken, the motion was carried. *13A. David N. Stevens - 34-38 DouQlas Avenue Consideration was given to the above-mentioned letter listing conditions with the request that, if Council accepts the Planning Advisory Committee's recommendation with respect to the non-conforming use of 34-38 Douglas Avenue, such conditions also be considered as requirements for operating the used appliance repair and sales business at 34-38 Douglas Avenue. Mr. Baird, having advised that he has just received a copy of the above- mentioned letter which is quite lengthy, explained that, if the subject property had not historically contained non-residential uses on the ground floor, the rejection of the re- zoning would have, for all intents and purposes, been the end of the matter; but in this particular case the fact that the building did have a non-residential use and continued to have non-residential uses on the ground floor provided this building owner, as it would any other building owner, with the opportunity to seek approval for continuation or changes to the non-conforming uses to which that area was made, being the ground floor area in this case, and Council is provided the opportunity to impose terms and conditions; and confirmed that, regardless of whether or not Council gives approval, the individual can continue operation of what he has been doing; however, if he wishes to change to another non-conforming use such as a business that is proposed sales and an office, the Planning Advisory Committee's approval would be required. Deputy Mayor Chase asked if consideration would be given to the suggested conditions in item 13A if Council adopted the Planning Advisory Committee's recommendation, to which the Mayor suggested that Council could table the matter so that staff could have an opportunity to review the suggested conditions and advise Council as to whether or not they are feasible. On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the above report from the Planning Advisory Committee and the above letter from Mr. David N. Stevens, with regard to 34-38 Douglas Avenue, be laid on the table for one week to provide an opportunity for staff to review the matter and report to Council. Question being taken, the tabling motion was carried. 14. Cherry Brook Zoo Inc. Council Representation On Board On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Dr. John S. MacKay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., requesting the appointment of a member of Common Council to the Board of Trustees -- be received and the Board of Trustees of Cherry Brook Zoo Inc. be advised that Council is not prepared at this time to nominate a member to the Board. The motion initially proposed by Deputy Mayor Chase and seconded by Councillor Fitzpatrick was to refer the above matter to the Nominating Committee, whereupon Deputy Mayor Chase suggested that Council, prior to the Nominating Committee making a recommendation, should first determine whether or not it wants a Council member appointed to the Cherry Brook Zoo's Board of Trustees; and Councillor Trites advised that, especially at this point in time going through the budget process and having a very significant request from the Cherry Brook Zoo, he would not have a problem with referral but he would not want to see the Nominating Committee deal with the matter until at least year-end; and proposed that the request be tabled until Council's first meeting in 1996 so that Council can first get through the budget process and also decide whether or not a Council member should be on the Board or if Council should continue an arms-length relationship, or that Council should communicate to the Cherry Brook Zoo's Board that Council is not prepared at this time to nominate a 85-492 COMMON COUNCIL OCTOBER 2, 1995 member to the Board; and the proposed motion was withdrawn. Question being taken, the motion was carried. 15. Concerned Citizens Of Midwood Avenue OnQoinQ Problems With IrvinQ LaQoon On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that letter from Nancy Allen and Patty Lizotte, on behalf of the Concerned Citizens of Midwood Avenue, submitting copies of letters to the Planning Advisory Committee requesting some answers to specific problems in the area due to the construction of the Irving lagoon; and requesting, as these have been ignored by Community Planning and the Planning Advisory Committee, that Council address these concerns -- be referred to the City Manager to approach the Irving interests for answers to the questions asked. During discussion, Mr. Baird advised that, while the final result of the Planning Advisory Committee's discussion on the Planning staff's report to the Committee was communicated verbally to the Concerned Citizens, they did not receive a written response, and that staff would undertake to provide a written report to them by the end of this week. Question being taken, the motion was carried. 16. Design Art Signs Ltd. Amendment To Section 39 Conditions Re-ZoninQ Of 20 Prince Edward Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Design Art Signs 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 Tuesday, November 14, 1995 at 7:00 p.m. Question being taken, the motion was carried. 17. James Wilcox -Intersection Raynes Avenue & Simms Corner On motion of Councillor Brown Seconded by Councillor Knibb RESOLVED that the letter from Mr. James Wilcox advising of a potentially-dangerous situation for drivers moving from the top end of Raynes Avenue through the intersection at Simms Corner as the vision of drivers is blocked by a hair dressing sign on the railroad tracks as well as concrete bulwarks and bushes blocking the view of oncoming traffic from Main Street proceeding either to West Saint John or the City proper; and asking that this be taken up with the Engineering Department to see what can be done and for a response to his concern -- be referred to the City Manager. Question being taken, the motion was carried. 18. 1996 New Brunswick Senior Women's CurlinQ Championship Team - Grant Request On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mrs. Marlene Vaughan requesting support towards expenses for the 1996 New Brunswick 85-493 COMMON COUNCIL OCTOBER 2, 1995 Senior Women's Curling Championship Team at the Canadian Championships in January 1996 in Alberta -- be referred to the City Manager. Mr. Totten, having confirmed that there is a policy which supports assistance to persons who take part in age-sanctioned tournaments, advised that, with respect to requests such as that above, it is at the discretion of Council and he, as City Manager, does not have authority to approve these sorts of requests but Council normally deals with them at the occasion they are presented to Council. Question being taken, the motion was carried. 19. James H. Turnbull Red Head Soil Erosion On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Mr. James H. Turnbull advising of the effect of soil erosion on his property at 1680 Red Head Road, and the recommendations of Fundy Engineering & Consulting Ltd. in this regard -- be referred to the City Manager. Question being taken, the motion was carried. 20. M. Gerald Teed Home And School Association Problem With Pavement CrackinQ In Driveway On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Ms. Valerie Cobham-Richards, President of the M. Gerald Teed Home and School Association, advising of a problem with pavement break-up on the driveway of the School and the area where the children line up, and the parents' concern about safety of the children and the School; and asking if the City would supply the men and equipment to resurface these areas, with the Association to supply the money for the asphalt -- be referred to the City Manager. Question being taken, the motion was carried. 21. ACAP Saint John - Water PricinQ & Conservation On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that the letter from Mr. Michael R. Richard, President of the Atlantic Coastal Action Program, ACAP Saint John, commenting on the direction the City has taken with respect to water pricing in that ACAP-SJ would like to see a full cost pricing method which includes additional surcharges for pollution that is added to the water in relation to industrial and commercial usage; and recommending, for industrial users, a system which charges a base amount as well as a "pollution added" charge to account for their effect on the aquatic environment -- be received and filed. Question being taken, the motion was carried. 22. David Breau, L. E. Johnson Galbraith Quarry. Ocean Westway On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the letter from Mr. David 85-494 COMMON COUNCIL OCTOBER 2, 1995 Breau and L. E. Johnson asking why none of the neighbours was contacted or represented at the trial held August 24, 1993 regarding the re-opening of the Galbraith quarry operation on Ocean Westway, and asking for a response within seven days -- be received and filed and the residents concerned be advised that Council cannot overturn nor re-open the court decision in this regard, and also that Council has directed City staff to look for an alternate route for trucks going in and out of the pit. The Mayor noted the meeting with Messrs. Breau and Cossaboon in Committee of the Whole on September 11 and the advice to Council at that time from the City Solicitor that, with regard to the court action, Council could not overturn the decision made by the Judge or re-open that decision, and this was related verbally to Mr. Breau but not by letter, and that Council at that time also directed staff to work with the owner of the pit to try to find an alternate route for the trucks going in and out of the pit; and suggested that Council could adopt a motion at this time to indicate that Council is directing staff to look for an alternate route for trucks going in and out of the pit. Note was made of copies of correspondence from Mr. David Breau to the Chief of Police, the Building Inspector and To Whom It May Concern (copies of which were forwarded to Council members as an information item), and Mr. Totten advised that staff would respond to any correspondence directed to staff. Question being taken, the motion was carried. 23. The YMCA-YWCA Of Saint John Aquatic Centre Expansion On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. David G. Barry, President of The YMCA-YWCA of Saint John, commenting further to the August 14 meeting with Council in Committee of the Whole on the matter of the proposed Aquatic Centre expansion; and asking Council's consideration of the suggestions listed, and the opportunity to appear before Council in public session to present the Y's views before any final authorization is given to proceed -- be received and Mr. Barry be invited to make a presentation in open session of Council in this regard. Question being taken, the motion was carried. 23. Cherry Brook Zoo Inc. Operational FundinQ Sources On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Dr. John S. MacKay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., requesting Council's assistance in confirming its continued support to the Cherry Brook Zoo as the Board has received in writing a request from The Sir James Foundation to clarify its operational funding sources and some assurance that the City of Saint John will continue its financial support at a minimum of its present level of funding for the foreseeable future before it is willing to commit to capital funding projects -- be referred to the City Manager for consideration in the 1996 budget process. Question being taken, the motion was carried. 25. Saint John Aquatic Centre Commission - Contract NeQotiations On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Mr. Leo Maloney, Chairman of the Saint John Aquatic Centre Commission, advising the results of the Commission's negotiations with CUPE Local 3558 for a contract to run from 85-495 COMMON COUNCIL OCTOBER 2, 1995 January 1, 1996 to December 31, 2000; and acknowledging the support of the City's Human Resources Department, particularly John Mcintyre, who was the Commission's Chief Negotiator -- be received and filed. Question being taken, the motion was carried. * Added Item On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the matter of the discharge of judgment with respect McLean Chimney Company Ltd., which was considered in Legal Session earlier this date as item 30, be added to the agenda of this meeting for consideration as item 25A Question being taken, the motion was carried. *25A. McLean Chimney Company Ltd. Old General Hospital Property DischarQe Of JudQment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the City of Saint John pay to McLean Chimney Co. Ltd. the sum of $23,000 for a registerable discharge of the judgment held by McLean Chimney Co. Ltd., which judgment is recorded in the Saint John County Registry Office in book 1613 at page 463 as no. 382470. The Mayor advised that, while she would support the above motion, the debt of approximately $14,690 is now $19,875 with interest, and Council has two breakdowns of legal costs, one for $1,537 for fees and one for $1,587 for disbursements. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk