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1996-01-15_Minutes 85-647 COMMON COUNCIL JANUARY 15,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of January, A.D. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager, Community Planning; W. Edwards, Building Inspector; G. Tait, Fire Chief; A. Martin, Assistant Deputy Chief of Police; 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 Deputy Mayor Chase RESOLVED that minutes of the meeting of Common Council, held on January 8, 1996, be approved. (Councillor Brown entered the meeting.) Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 90-92 Lansdowne Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 90-92 Lansdowne Avenue (NBGIC Number 371112), from "R-4" Four-Family Residential to "B-2" General Business classification, to permit the existing building to be used for commercial uses, as requested by Mr. J. David Maxwell, and 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 Planning staff's report considered at the Committee's January 9 meeting at which the applicant indicated his agreement with the recommendation; and recommending that Common Council re-zone a parcel of land at 90-92 Lansdowne Avenue (NBGIC Number 371112), from "R-4" Four-Family Residential to "B-2" General Business classification. Mr. David Maxwell was present in support of his application for re-zoning and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of 85-648 COMMON COUNCIL JANUARY 15,1996 land at 90-92 Lansdowne Avenue (NBGIC Number 371112), from "R-4" Four-Family Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 90-92 Lansdowne Avenue (NBGIC Number 371112), from "R-4" Four-Family Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment 20 O'Brien Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 20 O'Brien Street (NBGIC Number 32979), from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the property to a "B-2" General Business zone for conversion of one of the existing apartments to a business office, as requested by Mr. David B. Huestis. 6. Mavor's Remarks Mayor McAlary extended condolences to the family of the late Mrs. Edna MacGowan, a former member of the Common Council, who passed away on January 9, 1996. The Mayor, noting Council's recent letter to the Federal Government in support of the Port of Saint John not being charged for ice breaking services, advised that, under the Canadian Coast Guard's Marine Policy, the Port will not be charged and marine services costs will be recovered from the users on a region-by-region basis respecting the actual cost incurred in each region; and thanked the members of the Saint John Gateway Commission for their efforts in this regard. Mayor McAlary commented on the anticipated establishment of a New Brunswick Investment Management Corporation on the basis that, while it appears that this facility will be located in Fredericton, she has been asked to bring this matter to Council for consideration of sending a letter to the Premier and the Provincial Minister of Finance requesting that Saint John be considered as the financial centre for the Province for the placement of this Corporation. 85-649 COMMON COUNCIL JANUARY 15,1996 * Added Item On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the matter of a New Brunswick Investment Management Corporation be added to the agenda of this meeting for consideration as item 6C. Question being taken, the motion was carried. The Mayor asked that two matters be added to the agenda of this meeting for consideration as items 60 and 6E, being the Federation of Canadian Municipalities' requests for letters of support for the continuation of the Infrastructure Program, and for conveyance of the message with respect to the GST, respectively (copies of communiques from the Federation of Canadian Municipalities in this regard having been forwarded to Council members as an information item). * Added Items On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above-mentioned matters be added to the agenda of this meeting for consideration as items 60 and 6E. Question being taken, the motion was carried. The Mayor commented on concerns related to the possible removal of the Neurosurgery Unit from the Saint John Regional Hospital, and asked for Council's consideration of forwarding a letter to Premier Frank McKenna and Health Minister Russell King explaining the value of the Saint John Regional Hospital not only to the City but to the Province. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that a letter be forwarded to Premier Frank McKenna and Provincial Health Minister Russell King on the matter of the Saint John Regional Hospital and a copy of the letters be forwarded to the local MLAs. Question being taken, the motion was carried. 6A. LiQhts For Quinton HeiQhts SkatinQ Rink On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor Chase advising that he would like to solicit Council's support for getting the rink lights turned on at the Quinton Heights outdoor skating rink, which is totally maintained by the mums and dads in the Quinton Heights/Harbary Terrace area of West Saint John -- be received and filed. Deputy Mayor Chase advised that he was informed by Mr. Butler that the above matter was resolved earlier this date; and Mr. Butler advised that, while a number of years ago there was a problem of the lights at the outdoor rink in question being on all night with the street lights and there was a request that the rink lights be turned off, the City has since received an application from the citizens' group which runs the rink, and particularly from the adjoining home owners, to have the lights turned on, and arrangements have been made with Civic Hydro to do so. Question being taken, the motion was carried. 85-650 COMMON COUNCIL JANUARY 15,1996 6B. Bidding Of Military EnQineerinQ School Consideration was given to a letter from Deputy Mayor Chase asking that Council be apprised of the details on how MAXIM Construction of Saint John fared in the bidding of a new military engineering school in Gagetown; and suggesting that, as he understands that Mr. P. Darrah of the Saint John Construction Association was quoted regarding Quebec companies being favoured, Council should make representations if it directly affects a Saint John company. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John offer its support to the Saint John Construction Association by letter to Mr. Pat Darrah for the information to be released from the Department of National Defence on how the proposals for a military engineering structure were scored or evaluated recently. Deputy Mayor Chase noted the presence at the meeting of Mr. Stephen Carson, General Manager of Enterprise Saint John, who he advised has agreed to apprise Council on this matter. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Mr. Stephen Carson, General Manager of Enterprise Saint John, be invited to address Council at this time in the above regard. Question being taken, the motion was carried. Mr. Carson expressed support for a request for clarification from the Department of National Defence on the proposal for the approximate $28 million construction of a military engineering school in Gagetown which is a major portion of the entire project of about $65 million; and advised that Fundy MP Paul Zed has also made a request for information on the basis and criteria used in judging and choosing the four companies that were short-listed. Question being taken, the original motion was carried. 5. Saint John Taxi Stand Owners Association Amendment To Taxi Bv-Law Re LicensinQ Fees Mr. Peter Mcintyre addressed Council on behalf of the Saint John Taxi Stand Owners Association on the proposed amendment to the Taxi By-Law with regard to fees, third reading of which was tabled by Council on Tuesday, January 2 following a presentation by Mr. Ken Steeves representing the Saint John Private Taxi Owners Association. Mr. Mcintyre clarified that, while Messrs. Ken Steeves and Gordon Perry of the Owners and Drivers Association were present at the meeting should Council have questions of them, the intent would be to combine the presentation rather than have several people speak; and advised that the problem is that the 400 per cent increase proposed in the licensing fees, all at one time, is more than the taxi industry budgeted for. Mr. Mcintyre proposed that Council amend the Taxi By-Law to provide for the increase over a 3-year span by, for example, increasing the driver's fee from $10 to $20, $20 to $30 and $30 to $40, rather than from $10 to $40 in 1996; and increasing the licensing fee from $25 to $50, $50 to $75, and $75 to $100, rather than from $25 to $100 in 1996; and also advised that the proposed 400% increase in the taxi stand licensing fee could be accepted at this time because it is only an initiation- type of license so that anybody who wanted to start a new stand in the City could budget for that amount as an opening operating cost. Mr. Mcintyre suggested that, in graduating the taxi licensing fees over the next 3 years, the City could also consider taking the bus service from its $2 million a year subsidy to a break-even point causing bus fares to raise and providing for fairer competition for the citizens of the City as to their choice of transportation; and commented on problems to the taxi industry because 85-651 COMMON COUNCIL JANUARY 15,1996 of lack of parking spaces for taxi cabs, such as near the Mercantile Centre and the Imperial Theatre, and by the fact that the Taxi Inspector is on many occasions a part- time position within the Police Department, meaning that there are times when cars cannot be registered nor taxi drivers licenses issued, the latter on which he put forth suggestions to alleviate the need for a full-time taxi inspector through staggered renewal times for licenses and inspections. The Mayor, referring to the City Manager's report on the proposed Taxi By-Law amendment under item 7 on the agenda of this meeting, asked Council's permission to question Mr. Mcintyre in this regard and, during Mr. Mcintyre's comments on issues discussed at regular meetings within the last eight months by representatives of stand owners, private owners and drivers with representatives of the Police Department, Councillor Trites on a point of order suggested that Mr. Mcintyre was before Council to address the proposed Taxi By-Law amendment and not for the purpose of revisiting the entire taxi industry. The Mayor made the observation that, having asked Council if item 7 could be brought forward so that she could question Mr. Mcintyre, Council did not express any objection. During discussion Councillor Trites asked if it would be easier on the taxi drivers and the industry if the provision was made for half the fee to be paid initially and the other half in six months time, to which Mr. Mcintyre replied that it would be a little easier to make such payments. 7. Taxi Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager submitting, further to Council's tabling of third reading of a proposed Taxi By- Law amendment following Mr. Ken Steeves' presentation on January 2 representing the private taxi owners and drivers of the City of Saint John, copies of staff reports and reports of the various Taxi Review Committees of the past few years; and advising that the current licensing provisions in the Taxi By-Law provide the City with $13,000 to $14,000 annually in fees, although the cost of providing inspection services is significantly greater, and enactment of the proposed By-Law amendment anticipates a rise in the annual licensing revenue to approximately $55,000 to help to position the City to move toward recovering the cost of providing services to the taxi industry -- be received and filed. Question being taken, the motion was carried. *6C. Location Of New Brunswick Investment ManaQement Corporation On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that a letter be forwarded to the Premier in support of the New Brunswick Investment Management Corporation being located in Saint John. Question being taken, the motion was carried. *6D. FCM Re Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that a letter be forwarded, as per FCM's request, asking for the continuation of the Infrastructure Program. Question being taken, the motion was carried. 85-652 COMMON COUNCIL JANUARY 15,1996 *6E. FCM Re GST On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that a letter be forwarded, as per FCM's request, asking that no greater Federal or provincial tax burden be offloaded onto municipal governments as a result of reform or replacement of the GS1. Mr. Wilson advised that the GST rebate is worth about $800,000 a year to the City. Question being taken, the motion was carried. 8. IrvinQ LaQoon - Midwood Avenue On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager commenting, further to Council's consideration on January 8 of a letter from Nancy Allen and Patty Lizotte, on a leak at Irving Paper Limited's paper waste water lagoon on Midwood Avenue at the end of December 1995 -- be received and filed and a copy be forwarded to Mmes. Allen and Lizotte. Question being taken, the motion was carried. 9. Acquisition Of Parcel Z-1 East Of Sea Street, Western Collector Trunk Sewer Project On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of both an easement for municipal services, measuring approximately 3,004 m2 and a construction easement, measuring approximately 1,500 m2, from the New Brunswick Southern Railway Company Limited, as generally shown on the submitted plan, for the sum of $5,000, plus all survey costs and other applicable expenses, for the Western collector trunk sewer project, and the Mayor and Common Clerk be authorized to execute all necessary documents in this regard. Question being taken, the motion was carried. 10. Animal Rescue LeaQue Contract Read a report from the City Manager listing the changes proposed in the contract for 1996 with the Animal Rescue League for animal control services to the City of Saint John; and explaining that, although the League has asked that the contract be renewed for a two-year period, staff has concluded that it would be in the City's best interest to initiate a call for proposals in July or August 1996 for the provision of this service for a three-year period; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council approve the submitted contract with the Animal Rescue League for animal control services to the City of Saint John, and authorize the Mayor and Common Clerk to execute the document; and (2) the Building Inspector be authorized to prepare a call for proposals for the provision of animal control services. Question being taken, the motion was carried. 85-653 COMMON COUNCIL JANUARY 15,1996 (Councillor Vincent withdrew from the meeting.) 11. Establishing A Relationship With Shantou GuanQdonQ Province. People's Republic of Canada On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager proposing the establishment of economic ties with Shantou, Guangdong Province of the People's Republic of China, through an exchange of delegations and visits led by the Mayors of Saint John and Shantou, such exchange to be funded by the Government of Canada through the Canadian International Development Agency under the China Open Cities Project supervised by the Federation of Canadian Municipalities; and recommending that the City of Saint John capitalize on the economic opportunities offered by the China Open Cities Project through the exchange of delegations during 1996 led by the Mayors of Saint John and Shantou to formalize these significant trade and cultural opportunities -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 12. Water And SeweraQe Bv-Law Amendment On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager recommending the enactment of the submitted amendment to the Water and Sewerage By-Law to include a $10 charge for providing a receipt for income tax purposes and a $15 charge for providing a statement of account for property transaction purposes -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", 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 Water And Sewerage". 13. Amendment to ParkinQ Meter & Traffic Bv-Laws On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager setting out, further to Council's provision in the 1996 Operating Budget for increasing the parking meter rates and fines (penalties) in the Parking Meter and Traffic By-Laws, the proposed amendments in this regard -- be received and filed and referred to the Legal Department for appropriate action: 85-654 COMMON COUNCIL JANUARY 15,1996 AND FURTHER that the by-laws to amend the Parking Meter By-Law and the Traffic By-Law be read a first time. Councillor Gould expressed concern that, rather than the increase in meter rates resulting in an increase in revenue, the net results may be negative and, at the same time, meter conversion would cost the City $175,000. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-laws to amend the Parking Meter By-Law and the Traffic By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-laws to amend the Parking Meter By-Law and the Traffic By-Law be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a second time the by-laws to amend the Parking Meter By-Law and the Traffic By-Law. 14. Intention To Expropriate Parcel "M" Peeter Vihvelin Et AI - Easement Read a report from the City Solicitor advising that, further to the May 23, 1995 filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate an easement for municipal services and rights ancillary thereto from the owners of lands designed Parcel "M" situated at Duck Cove, notices of objection dated July 7, 1995 were filed by the owners with the Expropriations Advisory Officer on July 10, 1995; and citing essential paragraphs of the Expropriation Advisory Officer's submitted report in this regard, dated January 5, 1996. The report advises that, if Common Council wishes to proceed with the expropriation as recommended by the Expropriations Advisory officer, confirmation of the Notice of Intention limited by the recommendation of the Expropriations Advisory Officer as to width only and authorization for possession thereof is necessary; and submits a resolution for Council's adoption. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the following resolution be adopted, namely:- WHEREAS Common Council by resolution dated April 24, 1995 authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate an easement for municipal services and rights ancillary thereto in the lands and premises described in the Notice of Intention to Expropriate filed with the Expropriations Advisory Officer on May 23, 1995; AND WHEREAS a Notice of Intention to Expropriate the lands therein described containing those lands hereinafter described was filed with the Expropriations Advisory Officer on May 23, 1995; AND WHEREAS a Notice of Objection to the proposed expropriation dated July 7, 1995 was filed with the Expropriation Advisory Officer on July 10, 1995 by the owners; AND WHEREAS a hearing was held by the Expropriation Advisory Officer on the 10th day of August, 1995; 85-655 COMMON COUNCIL JANUARY 15,1996 AND WHEREAS the Expropriation Advisory Officer has submitted his report and Common Council after considering this report wishes to confirm the Notice of Intention to Expropriate insofar as recommended by the Expropriation Advisory Officer; NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm a Notice of Intention to Expropriate as recommended by the Expropriation Advisory Officer and does hereby authorize the expropriation of an easement and rights at the cost, risk and expense of the Expropriating Authority by its officers, servants, agents, contractors and workers to enter the lands subject to the easement as described in Schedule "A" with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground watermains or pipelines, storm sewers, sanitary sewers or any like municipal works, including all related works appurtenant thereto, promptly restoring as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with an easement during construction described in Schedule "A" and with the right by action or otherwise at any time to enjoin the owners of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of each owner from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle in the lands to be acquired and such interest to be acquired as described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER WHEREAS the Common Council has by resolution immediately preceding these presents authorized the expropriation of easements and rights ancillary as hereinbefore described in the lands and premises described in Schedule "A" attached hereto; AND WHEREAS Section 22(1) of the Expropriation Act, Chapter E-14 of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner as therein provided; AND WHEREAS the lands and premises described in Schedule "A" in the resolution immediately preceding these presents are now occupied by the owners, Peeter Vihvelin, et al; NOW THEREFORE Common Council does herein authorize the taking of the physical possession by the City of Saint John, the Expropriating Authority, of the easement and ancillary rights in the lands and premises described in Schedule "A" attached hereto on the ninety-first (91) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with the owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises. Schedule "A" All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the eastern boundary of Parcel "L" shown on a plan of survey prepared by Hughes Surveys & Consultants Ltd. and dated January 1 0, 1995, said point having New Brunswick grid coordinate values of easting 331 674.792 metres and northing 660 160.647 metres. Thence on a New Brunswick grid azimuth of seventy six degrees (760) twenty eight minutes (28') ten seconds (10"), a distance of one hundred and twenty and sixty five hundredths metres (120.65) to the western boundary of Parcel "N". Thence on an azimuth of one hundred and fifty nine degrees (1590) twenty four minutes (24') fifty seconds (50") along the western boundary of Parcel "N", a distance of ten and eight hundredths metres (1 0.08m) to a point. 85-656 COMMON COUNCIL JANUARY 15,1996 Thence on an azimuth of two hundred and fifty six degrees (2560) twenty eight minutes (28') ten seconds (10"), a distance of one hundred and twenty and eighty three hundredths metres (120.83m) to the eastern boundary of Parcel "L" shown on a Plan of Survey prepared by Hughes Surveys & Consultants Ltd. and dated January 1 0, 1995. Thence on an azimuth of three hundred and forty degrees (3400) twenty five minutes (25') fifty seconds (50") along the aforementioned eastern boundary of Parcel "L", a distance of ten and six hundredths metres (1 0.06m) to the place of beginning. A tract of land containing an area of 1,207 square metres and being designated as Parcel "M1" on a Plan of Survey to Accompany Notice of Intention to Expropriate, Easement for Municipal Services, situate Duck Cove, City of Saint John, County of Saint John, Province of New Brunswick, prepared by Hughes Surveys on January 16, 1996 Together with a 5.0 metre wide construction easement being more particularly described as follows: Beginning at the intersection of the eastern boundary of Parcel "L" shown on a plan of survey prepared by Hughes Surveys & Consultants Ltd. dated January 1 0, 1995 with the south boundary of Parcel "M1", said point having New Brunswick grid coordinate values of easting 331 678.160 metres and northing 660151.172 metres. Thence on a New Brunswick grid azimuth of seventy six degrees (760) twenty eight minutes (28') ten seconds (10") along the aforementioned southern boundary of Parcel "M 1", a distance of one hundred and twenty and eighty three hundredths metres (120.83m) to the western boundary of Parcel "N". Thence on an azimuth of one hundred and fifty nine degrees (1590) twenty four minutes (24') fifty seconds (50") along the western boundary of Parcel "N", a distance of five and four hundredths metres (5.04m) to the northern boundary of Part "B" shown on Saint John County Plan #1637. Thence on an azimuth of two hundred and fifty six degrees (2560) twenty eight minutes (28') ten seconds (10") along the aforementioned northern boundary of Part "B" and Part "A" shown on Saint John County Plan #1637, a distance of one hundred and twenty and ninety two hundredths metres (120.92m) to the eastern boundary of Parcel "L" shown on a Plan of Survey prepared by Hughes Surveys & Consultants Ltd. and dated January 1 0, 1995. Thence on an azimuth of three hundred and forty degrees (3400) twenty five minutes (25') fifty seconds (50") along the aforementioned eastern boundary of Parcel "L", a distance five and three hundredths metres (5.03m) to the place of beginning. A tract of land containing an area of 604 square metres and being designated as Parcel "M2" (Construction Easement) on a Plan of Survey to Accompany Notice of Intention to Expropriate, Easement for Municipal Services, situate Duck Cove, City of Saint John, County of Saint John, Province of New Brunswick, prepared by Hughes Surveys on January 16, 1996. Question being taken, the motion was carried. (Councillor Brown withdrew from the meeting.) 15. Taxi Bv-Law Amendment A motion was proposed by Councillor Knibb and seconded by Councillor Gould that third reading of the proposed Taxi By-Law amendment, regarding fees for licenses, remain on the table for review by the City Manager of a two-year fee increase implementation for 1996 and 1997, whereupon the Mayor suggested that she could not take questions on a tabling motion. 85-657 COMMON COUNCIL JANUARY 15,1996 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that third reading of the proposed Taxi By-Law amendment regarding fees for licenses be taken from the table and referred to the City Manager for a recommendation on phasing in the increase over two years and for input on the feasibility of allowing the taxi industry to pay the increase in two instalments this year if Council proceeds with the full increase. Councillor Vincent asked if the above referral would permit the City Manager to submit to Council any other changes that may develop from his further review, and Councillor Trites made the observation that the City Manager would also have the option of recommending third reading of the amendment with an instalment payment plan. The Mayor suggested that the City Manager's report should also include any information on how the budget would be affected. Question being taken, the referral motion was carried. (Councillor Brown re-entered the meeting.) 16. 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 January 8, 1996, when there were present Mayor McAlary and Councillors Arthurs, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That the submitted Brief to the Committee on Consultations on Settlement Renewal, be approved for presentation to the Committee by the Mayor. January 15, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Brief To Committee On Consultations And Settlement Renewal On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Adjournment On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. The Mayor noted that Council had yet to deal with Committee of the 85-658 COMMON COUNCIL JANUARY 15,1996 Whole item 20. Question being taken, the motion was carried. Common Clerk