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1997-04-01_Minutes 86-310 COMMON COUNCIL APRIL 1, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the first day of April, A.D. 1997, 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; J. Nugent, City Solicitor; 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; S. Armstrong, Director of Engineering; J. Baird, Manager of Community Planning; G. Yeomans, Manager of Accounting Services; W. Edwards, Building Inspector; J. Bezanson, Heritage Planner; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Police Cst. D. Oram; 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 Reverend Eugene Morell of the Church of The Nazarene offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on March 24, 1997, be approved as amended. Councillor Waldschutz asked that the March 24 minutes be amended so as to record his "nay' vote on item 17, being The Salvation Army's request to place a sign in King's Square. Question being taken, the motion was carried. Mayor McAlary welcomed to the Council Chamber Mr. Stepan Arman, a violinist with Symphony New Brunswick, to whom she presented a plaque in recognition of his outstanding achievements and contribution to the musical and cultural environment of the City of Saint John. *Withdrawn Items On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that items 6, 14 and 17 be withdrawn from the agenda of this meeting. Question being taken, the motion was carried with Councillor Vincent voting "nay". Councillor Vincent, in voting "nay" above, advised that his vote was with regard to item 14. * Added Item On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that the copy of the letter to 86-311 COMMON COUNCIL APRIL 1, 1997 Mayor McAlary from the New Brunswick Finance Minister, regarding the Harmonized Sales Tax (copies of which were forwarded to Council members as an information item), be added to the agenda of this meeting for consideration as item 8A. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 200-202 KinQ Street West The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 200-202 King Street West (NBGIC Number 361519), from "B-2" General Business to "B-3" Central Business classification, to permit the establishment of a pizza take-out and full-service dining room on the main floor and a licensed lounge of the second floor of the existing building, as requested by Tilley's Square Pizzeria & Lounge Inc., and 3{c) a petition was received from residents of the Lower West Side and/or parents of children using the facilities of the Carleton Community Centre and/or other citizens with a direct involvement (workplace, etc.) in the wellbeing of this part of the City of Saint John, in opposition to the proposed re- zoning, as well as seven letters from Evelyn Beyea, Ronald L. Galbraith, Victoria Cobham, Murdoch-Lingley Limited, Mary Noel, Audrey, Norman, Tina and Russel Alderman and Christine Wilson and Rita Blizzard and George and Jeanette Blair, and Redpath Realty Ltd. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters of opposition considered by the Committee at its March 25 meeting at which Mr. Whelly spoke on behalf of the applicant's behalf in favour of the application as well as Mr. Ray Murphy one of the partners of the proposed project, and four people spoke against the re-zoning application; advising that the Committee adopted staff's recommendation which includes the denial of a variance for lack of on-site parking for this proposal; and recommending that Common Council deny this re-zoning application. Mr. Tom Sweet of 91 Market Place West appeared in opposition to the proposed re-zoning and, reading from a prepared letter from him and Barry Sweet (which was subsequently filed with the Common Clerk), advised that his opposition was based on concerns about garbage storage and disposal, parking, the proposed lounge based the past history of such an establishment on the subject property as well as other such establishments, and the possible substantial decrease in the percentage of potential tenants for his property at 91 Market Place West with the opening of such an establishment. Mr. Ronald Galbraith of 213 King Street West was present at the meeting in opposition to the proposed re-zoning further to his above-referenced letter to Council in this regard, noted the location of the Carleton Community Centre in the area, and expressed concern about possible vandalism and noise as outlined in his letter. Mr. Carl A. Laubman of Murdoch-Lingley Limited expressed objection to the proposed re-zoning and, in noting his above-mentioned letter to Council in opposition to the proposal, expressed concern about the indication at the Planning Advisory Committee of the possibility of 30 employed people in the building in view of the lack of parking and the possible resultant use of his driveway by patrons of the proposed establishment. Mr. Reid Chedore, solicitor, spoke in opposition to the proposed re-zoning on behalf of Redpath Realty Ltd. on the basis that the proposed pizzeria and licensed lounge would not be a conducive selling feature for the four garden homes his client was currently building directly across the street from the proposed property development. Mr. Chedore noted the presence at the meeting of Mr. James J. Coloris, President of Redpath Realty Ltd., and advised of his concern about how the proposed operation would depress the market for housing and multiple-family housing in the area concerned, as well as depress tax dollars, and of his opposition particularly, although not wanting to dissuade anyone from entrepreneurial enterprise, because of his belief that the proposed development would not be conducive to full community development and the proposed pizzeria and lounge would not be consistent with the aims and ideals of what was becoming more and more a residential neighbourhood; and asked Council to vote against the re-zoning. 86-312 COMMON COUNCIL APRIL 1, 1997 Mr. Ray Murphy, appearing with Susan Huestis in support of the application, requested Council to remove all bias, prejudice and dissention against the location in question and treat the application as new in that it would not be his intent to have a tavern on the property in question as his real interest would be to have a full- service dining room and pizza take-out that would deliver around the West Side only and, with Council's permission, a lounge. Mr. Murphy expressed the understanding that the proposed lounge was the reason for requiring a public hearing in that the variance and seating capacity under the "B-2" application would not require his appearance before Council; and advised his intent, although realizing he could not specify age, for the proposed lounge to be for people of 30 years and over and to provide adult entertainment, not rock or heavy-metal type music; and apprised Council of the proposal for the take-out, and the full-service dining room, including a Christian Sunday morning breakfast, and the applicant's proposal to have 24-hour security and provide full-time employment for between 37 to 42 people. Mr. Murphy made the observation that the building in question has been vacant for some time and it would be the intent to restore it for the proposed use which should result in an increased property assessment. During discussion Mr. Murphy confirmed that he was representing the owner; and responded to questions, including the seating capacity of the dining room and lounge and the proposed operating hours. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Tilley's Square Pizzeria & Lounge Inc. for the re-zoning of 200-202 King Street West be denied. Question being taken, the motion was carried. On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. 4{a) Preservation Areas By-Law Amendment The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Preservation Areas By-Law to clarify the procedure required for offering, listing and advertising for sale, as well as determining the fair market value, of property within a preservation area which an owner wishes to demolish, and to consider other changes of a housekeeping nature, and 4{b) a letter has been received in this regard from Mr. William D. Harrington, Legal Counsel for The Canadian Real Estate Association, advising of certain trade mark infringements in the proposed wording of Sections 10, 11 and 12 of, and perhaps elsewhere in, the By-Law through their continual reference to a "Multiple Listing for Sale", as well as a letter from Uptown Saint John Inc. expressing concern mainly around the process for marketing a property within the preservation Areas as well as the issue of signage placement within the interior of shops. 4{c) Consideration was also given to a report from the City Manager advising of the ongoing process in the above regard to resolve concerns that have been raised and, in addition, the Legal Department has suggested further refinements to several clauses; and recommending that the public hearing be held on April 1, 1997 as advertised but that no decision be made pending resolution of concerns and completion of final legal review. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the public hearing be held on April 1, 1997 as advertised but no decision be made pending resolution of concerns and completion of final legal review. 86-313 COMMON COUNCIL APRIL 1, 1997 The mover and seconder clarified the motion to the effect that, rather than a tabling motion, it was to adopt the above recommendation; and during discussion Mr. Bezanson responded to Councillor Brown's questions and concern about the possibility that the proposed By-Law amendment would result in getting more involved with the privacy of owners of such buildings in view of the proposal to add a restriction to signage to go inside the windows of buildings, and would intrude on the control owners would have over their buildings and protect the buildings from the owners themselves, such as if it were a case where an owner considered it more profitable to demolish a building and use the property for a parking lot. Question being taken, the motion was carried. 5. Municipal Plan Amendment 2494 Loch Lomond Road 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 2494 Loch Lomond Road (NBGIC Numbers 448183 and 55058242), having a frontage of approximately 120 feet on Loch Lomond Road and a lot area of approximately 38,520 square feet, from Low Density Residential to Light Industrial classification, to permit re- zoning of the property so that it can continue to be used for an autobody and repair shop, as requested by Mr. Truman Hayward. 7. GeoSyntec Consultants Crane Mountain Landfill Consideration was given to correspondence from GeoSyntec Consultants requesting the opportunity to appear before Common Council at this meeting to answer any questions that Council may have regarding GeoSyntec's involvement in the Crane Mountain landfill project. Messrs. Neil D. Williams, Principal with GeoSyntec Consultants of Florida, USA, and Noel Perera, President of GPEC International Ltd. of Ottawa, Ontario, were present at the meeting to respond to certain allegations and clear up some misconceptions regarding the conduct of these Companies during the bid and contract negotiation process with the Fundy Region Solid Waste Commission, GeoSyntec Consultants having bid as a sub-consultant to GPEC International Ltd. for landfill design and construction management services at the Crane Mountain site. Mr. Williams advised that his Company was not opposed to a properly designed and constructed landfill at the Crane Mountain site and, from a technical viewpoint, believed that it would be possible to design, construct and operate a landfill which would protect human health and the environment; apprised Council of GeoSyntec's qualifications and experience and his personal qualifications with respect to landfill design; and responded to specific allegations made against GeoSyntec. Mr. Perera, in addressing Council, expressed the belief that a facility could be developed at Crane Mountain to protect the environment and human health, even though there might be technical problems; and, having outlined his Company's credentials and the relationship between his Company and GeoSyntec Consultants, responded to allegations made against GPEC during its involvement in the Crane Mountain landfill issue. Deputy Mayor Chase asked why someone would come before Council attempting to clear up allegations made in another forum to a forum which really had no power to do anything about the situation, and also asked where the allegations occurred, to which Mr. Williams advised that the allegations were made in the newspaper, in the Commission's meeting minutes, in memoranda, in telephone conversations and in private, and that he and Mr. Perera wanted the opportunity to come forward to indicate to Council that they felt that they had dealt with everything in a very professional way and that they wanted to be remembered as professionals and not in the way that they were being portrayed. Mr. Williams responded to questions on lining systems for landfills and evaluation and monitoring of them for leakage and on removal and treatment of leachate; and, with respect to the Crane Mountain site, suggested that the biggest concern would be to ensure that the design provides adequate protection for ground water quality, public health and the environment and it should be demonstrated through the design process that those protections are in place and, in addition, it would be very important to ensure 86-314 COMMON COUNCIL APRIL 1, 1997 that appropriate inspections and experience are put in place to make sure that the landfill is constructed as it was designed and operated in a responsible way to prevent damage to a lining system during the operation of the facility, as it takes a good design, construction and operation to ensure proper performance; and expressed the opinion that, given the proper safeguards and with a good review of what is being done not only in the design process but also in the construction and operation, the current design team at the site could put together an appropriate and proper design. As to the Crane Mountain site being the right site for a landfill, Mr. Williams expressed the opinion that, while there is no right site in view of the technical, political, cost and community considerations and although there could be a better site, a safe landfill could be designed at the Crane Mountain site. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the Mayor and members of Common Council, in the interest of standards, request that Mr. Vaughn Blaney, Minister of the Department of the Environment, initiate an indepth review of the inner workings, financial operations, construction procedures and decision-making powers involving the Fundy Region Solid Waste Commission. Councillor Trites, on a point of order, questioned the propriety of the motion in that discussion in the above regard was not finished, and the Mayor made the observation that a motion could be accepted at any time, and that discussion could continue with the motion on the floor. Councillor Trites suggested that a motion would be in order to invite the Fundy Region Solid Waste Commission to come before Council in this forum to deal with some of the questions raised at this meeting and to allow Council as a group to ask, after this meeting, much better questions than it had been able to ask in the past; and advised his intent, if the above motion did not pass, to either make or support a motion asking the Commission to come before Council in public session to deal with the issues which appear to be the same as the issues in the above motion. Deputy Mayor Chase suggested that Mr. Blaney could be invited to meet with Council; concurred with the suggestion that the Commission should come before Council in open session; and suggested that there should be a reporting structure set up for the Commission to keep Council informed, such as through the provision to Council members of the minutes of its meetings. Councillor Knibb proposed a tabling motion until such time as Council hears from the Fundy Region Solid Waste Commission in public session whereupon Councillor Gould, on a point of order, requested the Mayor to hear from each Councillor who indicated a desire to address the above motion before accepting a tabling motion. The Mayor, in accepting the request, noted that, if the Commission were to come to the next public session which would be on April 7, it would be a 4:00 o'clock p.m. meeting. Councillor Ball made the observation that the intent of his motion was not to slow down the process but rather to get clarification on the direction being taken; and suggested that Council could pass the motion and also have discussion with the Commission. Councillor Brown suggested that Council could get answers to technical questions on this issue from the two City staff persons who sit on the Commission's Technical Review Committee, and that, rather than bring the Commission before Council in an antagonistic approach if that were the intent, Council should get on with the job that needs to be done. During discussion the Mayor noted Council's discussion in this regard earlier this date in Committee of the Whole and Council's agreement to postpone further discussion until next week when Council could consider how it wanted to discuss the management and financial side of the Commission and other facts and to hear from Mr. Robichaud who sits on the Commission's Technical Review Committee; and Councillor Ball suggested that, while he wanted his motion to stand, Council could first hear from the Commission in open session and, upon Councillor Vincent's indication that he would second such an amendment, the Mayor asked that Council deal with the issues one at a time. Mr. Totten made the observation that the Fundy Region Solid Waste Commission was the body which should be reporting directly to Council with respect to technical issues, although it would be appropriate for the Commission to call on City staff at the meeting with Council; and suggested that, in view of an apparent decreasing amount of credibility and confidence in the Commission by Council, it was imperative that the Commission meet with Council in an attempt to rebuild the trust so that things can go forward. 86-315 COMMON COUNCIL APRIL 1, 1997 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above motion be laid on the table for one to two weeks until Council hears, in public session, from the Fundy Region Solid Waste Commission. Question being taken, the tabling motion was carried with Councillors Ball, Brown and Vincent voting "nay". On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council invite the Fundy Region Solid Waste Commission to appear before public session of Council at 4:00 o'clock p.m. on April 7, 1997. Mr. Edwards, in response to a question on the matter of permits, advised of the receipt earlier this date of an application for a building permit from Neill and Gunter Limited, on behalf of the Commission and that it would be very unlikely that this Company would have a permit before the next Council meeting; and expressed the understanding that the tender for the land clearing would not close until April 7. Question being taken, the motion was carried with Councillor Brown voting "nay". (Councillor Vincent withdrew from the meeting.) 8. Mayor's Remarks Mayor McAlary commented on the Vice Regal Salute to Lieutenant Governor Margaret McCain to be held on April 10 at the Imperial Theatre. (Councillor Trites withdrew from the meeting.) *8A. Response Re Harmonized Sales Tax On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that the response from the New Brunswick Minister of Finance to Mayor McAlary further to Council's discussion on March 3, 1997 concerning the Harmonized Sales Tax - Bill 44 and its impact on ticket sales for those organizations and events currently exempted from the Admission Tax; and advising that he would continue to monitor the long-term effects of the change in the sales tax system -- be received and filed. Question being taken, the motion was carried. 9. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Oram presented the Saint John Police Force Implementation Team's report updating Council on its activities during the past week; and it was noted that the report actually covered the three-day period of last Tuesday, Wednesday and Thursday. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report of the Saint John Police Force Implementation Team updating Council on its activities during the past week -- be received and filed. Chief Sherwood and Cst. Oram responded to questions on the status of preparation of job descriptions for all positions in the Saint John Police Force. 86-316 COMMON COUNCIL APRIL 1, 1997 (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 10. Saint John Police Force Operational Activities Read a letter from Mayor McAlary suggesting that it would be appropriate for the Chief of Police to be asked to give an update on operational activities of the Saint John Police Force on a once-a-month basis, perhaps on the second or third week of each month in open session of Council, separate and apart from the Implementation Team's update. (Councillor Vincent re-entered the meeting.) On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that Council request the Chief of Police to provide Council with quarterly reports on the operational activities of the Saint John Police Force, with the first report for the month of January to the end of March at his earliest possible convenience. Chief Sherwood advised that a quarterly reporting, comparing 1997 with 1996 and perhaps 1995, would give Council a better comprehension of what was happening in terms of, for example, the number of break and enters into residences, than would a report on a monthly or weekly basis, and would be more informative for Council. Question being taken, the motion was carried. 11. By-Law Re Second-Hand Stores' Purchase Of Goods Consideration was given to a letter from Mayor McAlary advising that, at the Cities of New Brunswick Association meeting on March 26, the Mayors, through the Resolutions Committee, would like a by-law drafted for the entire Province of New Brunswick that would deal with second-hand stores purchasing goods from citizens so as to enable and assist the Police Department in the event of investigating stolen goods, and that further information would be forthcoming in this regard in due course. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that Council support a by- law of the above nature. Question being taken, the motion was carried. 12. Future Of Ports Canada Police Read a letter from Councillor Knibb referring to Common Council resolution of March 24, 1997 establishing a committee to deal with the Saint John Port Corporation and other involved parties with regard to the Ports Canada Police; and proposing a resolution, recognizing that Council may wish to alter the membership, that Derek Chase, Deputy Mayor, Dennis Knibb, Councillor, and Daryl Wilson, Commissioner of Finance, be the committee to negotiate with the Saint John Port Corporation and other involved parties for the maintenance of effective policing for the Port. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be referred to the Nominating Committee. Question being taken, the referral motion was carried. 86-317 COMMON COUNCIL APRIL 1, 1997 13(a) Response To Cormier Report On Municipal Restructuring In Region 13{b) Suburban Mayors' Ad Hoc Committee On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the report from the City Manager, which was tabled at last meeting, responding to the major issues raised in the Cormier report, and the letter from the Suburban Mayors' Ad Hoc Committee in this regard -- be laid on the table for one week. Councillor Knibb proposed a motion, which was not seconded that Council confirm the City Manager's recommendation in the above regard, whereupon the tabling motion was proposed in view of the time and an indication earlier in the meeting by the Mayor of her intent to call for adjournment at approximately 10:30 o'clock p.m. Question being taken, the tabling motion was carried with Councillor Brown voting "nay". 15. 1997 Annual Sidewalk Vendor Auction On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising the results of the 1997 Annual Sidewalk Vendor Auction held on March 25 -- be received and filed. Question being taken, the motion was carried. 16. Capital Budget Work Programs Municipal Operations Consideration was given to a report from the City Manager submitting for approval, further to Council's approval on January 23 of the Operating and Capital Budgets for both the General Fund and the Water and Sewerage Utility for the operating year 1997, detailed lists of projects in major spending areas in Municipal Operations. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the submitted Work Programs for various budget areas in Municipal Operations be approved in the total amount of $10,989,000. Question being taken, the motion was carried. 18. Amendments To Police Act On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Solicitor commenting further to Council's consideration at its last meeting of a letter from Mr. Frank Rodgers dealing with the recently-enacted amendments to the Police Act -- be referred to the Solicitor General. Question being taken, the motion was carried. 19. Saint John Airport Inc. Consideration was given to a report from the City Solicitor referring to documentation received by Council at its March 17 meeting from the law firm of Lawson & Creamer respecting Saint John Airport Inc.; advising that, while Mr. Creamer has identified a few changes to the by-law which have occurred since the time the former City Solicitor 86-318 COMMON COUNCIL APRIL 1, 1997 advised Mr. Lino Celeste in January 1996 that the proposed operating by-law appeared to be satisfactory as to legality and form, these changes are insignificant in his view; and bringing to Council's attention one matter respecting the nomination process, in particular, article 4.3, in that, if it is important to Common Council that it nominate two members/directors of the Corporation, then the appropriate amendments should be made to the proposed operating bylaws and consequently to the proposed resolution signifying Council's acceptance of the "... process of nominating, appointing and revoking the appointments to the Board of Directors...". The report also advises that he has advised Mr. Creamer of his observations and indicated that he would be prepared to cooperate in the preparation of the appropriate amendments if that were Council's wish, and Mr. Creamer has informed him that any change to the operating by-law would require consent of the Federal Minister which would require a considerable length of time. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the following resolution be adopted, namely: WHEREAS Common Council has reviewed the relevant provisions of the constating documents of Saint John Airport Inc. relating to endorsement of the process of nominating, appointing and revoking of appointments of members of the Board of Directors of Saint John Airport Inc. and referenced below: BE IT RESOLVED that Common Council endorses the General Operating By-Law and Letters Patent of Saint John Airport Inc. and, in particular, endorses the following provisions of its General Operating By-Law as related to the nominating, appointment and revocation process including: (a) Article 4.3, Nomination of Members; (b) Article 4.4, Replacement of First Members; (c) Article 4.5, Replacement of Subsequent Members; (4) Article 4.8, Termination of Membership: AND FURTHER BE IT RESOLVED that Common Council designates the Mayor to be its designated representative, as a Nominator and as required under the General Operating By-Law of Saint John Airport Inc. and confers the right on the Mayor to designate an alternate by written notice to the Chair of Saint John Airport Inc. Question being taken, the motion was carried. 20. 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 March 3, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That at as recommended by the City Manager, Common Council approve the following:- (1) a grant to the 1997 Canadian National Synchronized Swimming Championships up to $5,000 (payable to the Canada Games Aquatic Centre) to reduce the facility rental at the Canada Games Aquatic Centre, subject to a review of the financial statements of the event and that the monies are required to avoid a financial loss; (2) a grant to the 1997 Naval Tattoo of $5,000 (payable to Harbour Station), with $2,500 of this amount to be used as a security deposit to retain Harbour Station for the scheduled date, if required, and such grant to be refunded to the City should the event realize a profit; and (3) the provision of City services in-kind as approved by the City Manager to the organizers of the Naval Tattoo. Tuesday, April 1,1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 86-319 COMMON COUNCIL APRIL 1, 1997 20.1. Grants For Synchronized SwimminQ & Naval Tattoo On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Rescinded December 8, 1997 Bk. 86 Pg. 756 ) Question being taken, the motion was carried. 21. Planning Advisory Committee Subdivision 440 Bay Street On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan and to any required municipal services and public utility easements with regard to the subdivision at 440 Bay Street. Question being taken, the motion was carried. 22. Planning Advisory Committee Subdivision 315 KinQ William Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan with a public utility easement with respect to 315 King William Road. Question being taken, the motion was carried. 23. Planning Advisory Committee Vesting Of Land Somerset Street Public Right-Of-Way Municipal Services Easement Off Osborne Street On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan that would vest approximately 14,700 square metres (158,235 square feet or 3.6 acres) of land into the Somerset Street public right-of-way, and a municipal services easement off Osborne Street. Question being taken, the motion was carried. 24. Mayor's Office, Town Of Grand Bay Concept Of Forced AmalQamation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mayor W. Peter Fenwick of the Town of Grand Bay, requesting Council's adoption of the submitted resolution opposing the concept of forced amalgamation, and to notify the Union of Municipalities of New Brunswick of any Council resolution enacted on this subject -- be 86-320 COMMON COUNCIL APRIL 1, 1997 received and filed. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 25. Cities Of New Brunswick Resolution Submission Deadline On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the memorandum from the Cities of New Brunswick Association advising of the April 18 deadline for submitting resolutions to the Association's 1997 Spring Meeting to be held in Bathurst on May 10 -- be referred to the City Manager. Question being taken, the motion was carried. 26. Bobby Donovan - Concerns About & SUQQestions For City Operations On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Mr. Bobby Donovan advising of his concerns about and suggestions for various City operations -- be referred to the City Manager and the Chief of Police. Question being taken, the motion was carried. 27. Wayne C. Doucette Re-ZoninQ 45-49 Rock Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application Mr. Wayne C. Doucette for the re-zoning of property at 45-49 Rock Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 12, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 28. D.R. English - Re-Zoning 361-363 Lancaster Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of D.R. English for the re-zoning of property at 361-363 Lancaster Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 12, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 29. Uptown Saint John Inc. Temporarv SiQnaQe KinQ's Square On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Uptown Saint John Inc. regarding its concern with Council's recent approval of temporary signage in King's Square in that, in 1990, the Preservation Review Board and Uptown Saint John Inc. worked cooperatively to develop a comprehensive master plan for King's Square, part of 86-321 COMMON COUNCIL APRIL 1, 1997 which involved not permitting temporary, free-standing signage in King's Square; and requesting that, in future, Common Council not provide approval for such signage in King's Square as it detracts from the historic ambiance of this beautiful urban space -- be received and filed. The Mayor noted the placement of The Salvation Army's sign at the foot of King Street. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk