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1997-05-12_Minutes 86-388 COMMON COUNCIL MAY 12,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of May, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, 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 of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; D. Sherwood, Chief of Police; D. Parks, Police Cst.; D. Oram, Police Cst.; J. Wilcox, Police Cst.; Ms. J. Holt, Police Cst.; 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 Douglas Woods, Pastor of Silver Falls United Church, offered the opening prayer. Mayor McAlary, in extending a welcome to the meeting, recognized former Councillor Albert Vincent in the Council Chamber. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meetings of Common Council, held on May 5, 1997 and Wednesday, May 7, 1997, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 45-49 Rock Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 45-49 Rock Street (NBGIC Numbers 15024, 15032 and 55025175), having a frontage of approximately 120 feet on Rock Street and an area of approximately 11,000 square feet, from "RM-IF" Multiple Residentiallnfill to "1-1" Light Industrial classification, to permit construction of a building to be used as a contractor's office, showroom and warehouse, as requested by Mr. Wayne C. Doucette, 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 May 6 meeting; and recommending that Common Council re-zone a parcel of land with a frontage of approximately 120 feet on Rock Street and an area of approximately 11,000 square feet, located at 45-49 Rock Street (NBGIC Numbers 15024, 15032 and 55025175), from "RM-IF" Multiple Residentiallnfill to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the property must be developed in accordance with a detailed site plan, similar to the submitted plan and subject to the approval of the Development Officer, indicating the location of all site features (building, parking, signs, 86-389 COMMON COUNCIL MAY 12,1997 etc.), including a paved parking area with cast-in-place concrete curb to protect the landscaped front yard; (b) outdoor storage of materials and outdoor activities, other than parking of vehicles is prohibited; and (c) all site work shown on the approved site plan must be completed within one year of approval of the building permit for the development. 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 with a frontage of approximately 120 feet on Rock Street and an area of approximately 11,000 square feet, located at 45-49 Rock Street (NBGIC Numbers 15024, 15032 and 55025175), from "RM-IF" Multiple Residentiallnfill to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 with a frontage of approximately 120 feet on Rock Street and an area of approximately 11,000 square feet, located at 45-49 Rock Street (NBGIC Numbers 15024, 15032 and 55025175), from "RM-IF" Multiple Residentiallnfill to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Councillor Ball RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 361-363 Lancaster Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 361-363 Lancaster Street (NBGIC Number 367904), containing an area of approximately 465 square metres (5,005 square feet), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to place the existing five-unit dwelling into a zone classification that reflects the use, as requested by D. R. English, and no written objections were received in this regard. 4{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 May 6 meeting at which the applicant spoke in favour of the application and stated his intent to rectify the existing 49 outstanding minimum building code violations with respect to the subject property and that he would be meeting with the Building Inspector to discuss this matter; advising that the Committee decided to table this application for two weeks, 86-390 COMMON COUNCIL MAY 12,1997 pending a further report from the Building Inspector; and recommending that the public hearing be held as advertised but that no decision be made until the Committee is able to submit a recommendation. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, no decision be made on the application of D.R. English for the re-zoning of property at 361-363 Lancaster Street until the Committee is able to submit a recommendation. Question being taken, the motion was carried. 5. Municipal Plan Amendment Property At 60 Ross Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, three parcels of land at 60 Ross Street (a portion of NBGIC Number 55101190), located adjacent to the Lower Cove Loop and containing a total area of approximately 931 square metres, from Medium Density Residential to Light Industrial classification, to permit the re-zoning of the property to an "1-1" Light Industrial classification and construction of an office/warehouse building, as requested by Tony Rickett. 9. Mavor's Remarks Mayor McAlary proclaimed May 12 to be Canada Health Day on behalf of Public Health Services, Region 2, and May 11 to 17 to be National Police Week in the City of Saint John; noted that she would be making a presentation, on behalf of the City, on May 13 in Fredericton at the public hearings on the natural gas pipe line issue; and also noted ACAP - Saint John's paint swap on May 31. Note was also made of Loyalist Day on May 18 and the activities planned in celebration of the City's birthday. 10. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Parks were present at the meeting with respect to the Saint John Police Force Implementation Team's report updating Council of the Team's activities during the past week. Mayor McAlary noted the anticipated signing of the new collective agreement with Local 61 on Wednesday, May 14; and Chief Sherwood confirmed that, in a report to Council between now and June 2, the Team would address the 21 recommendations in the Perivale + Taylor report which were directly related to the collective agreement and addressed in the negotiation process, giving firmly- established time lines on when those recommendations could be implemented On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week -- be received and filed with appreciation. Cst. Parks, referring to the April 28 presentation to Council on the Differential Response Program for which the target date for implementation was set for June 15, made the observation that the Team has yet to hear anything about utilizing the space in the Cashier's Office in the City Hall lobby, and a decision was needed as soon as possible in order to get advertising, training and everything else in place, to which the Mayor advised that Council would discuss this with the City Manager. During discussion Deputy Mayor Chase questioned the time requirement for the services of Mr. Keith Taylor as Team Facilitator, to which the Mayor suggested that, as Council engaged Mr. Taylor, it would be Council's decision in this regard and this should be discussed in Committee of the Whole; and Chief Sherwood noted the bike patrols in 86-391 COMMON COUNCIL MAY 12,1997 the City for the first time this year. Question being taken, the motion was carried. 14. Police Week Activities On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Chief of Police submitting reports outlining a partial list of activities in which various members of the Police Force would engage during National Police Week -- be received and filed. Chief Sherwood noted the activities scheduled for Police Week, and Csts. Parks and Wilcox distributed buttons at this time with the slogan "Saint John City Police & Citizens Together We Can" to be worn by the Saint John Police Officers during Police Week. Mayor McAlary recognized the presence at the meeting of Cst. Janet Holt, District Coordinator North; and other Team members Csts. D. Oram and J. Wilcox, and Anne Marie McGrath and Anne Marie Mullin. Question being taken, the motion was carried. 11. Plumbing Trade And Master Plumbers Bv-Law Amendment Read a report from the City Manager regarding the submitted proposed amendment to the Plumbing Trade and Master Plumbers By-Law to which Council gave first and second readings on December 16, 1996 and referred it to the Legal Department for comment prior to Council proceeding with third reading; advising that the Legal Department has not had an opportunity to review the amendment and is unable to establish a firm time frame for doing so and it is staff's belief that the amendment is relatively minor in nature and may not require significant input from the Legal Department; and recommending that Common Council give third reading to the By-Law as submitted. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", be read a third time and enacted and the Common Corporate Seal be affixed thereto. Mr. Nugent, in acknowledging that the above by-law should have come before Council from the Legal Department at an earlier date, advised that he has had an opportunity to review the proposed changes and they are in order if Council wishes to proceed. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", was read in its entirety. Question being taken, the motion was carried. 6. Wieslaw Wojcik - City Hall Culture Mr. Wieslaw Wojcik of 23 Riverside Lane addressed Council on the culture of City Hall and why it must change, as stated in his previously-submitted brief, based on the lack of City services to him, including garbage pick-up and summer and winter maintenance on his street; and asked Council to honour the commitment made to him in 1976 by the Commissioner of Engineering and Works, who was acting on behalf of the City of Saint John, to provide summer and winter maintenance to the road on which he resides. The Mayor thanked Mr. Wojcik for his presentation and advised that, as a number of the issues set out in his brief were the subject of Mr. Wojcik's complaint against the City to the New Brunswick Human Rights Commission, Council would take his comments under advisement. 86-392 COMMON COUNCIL MAY 12,1997 7. Lorneville Community & Recreation Association - Spruce Lake Landfill Site Mr. Patrick Donovan, President of the Lorneville Community & Recreation Association, addressed Council on matters related to the existing Spruce Lake landfill site, the possibility of a transfer site and the events of May 1997 at the facility. Following his presentation, Mr. Donovan distributed to Council members copies of the Project H.O.P.E. brief referenced in his comments. Mayor McAlary thanked Mr. Donovan for his presentation, and advised the intent, on Council's direction, for her and Councillors Trites and Vincent to meet with him on a weekly basis to update him on the status of the issue of the location of a transfer site and also that City staff members were working with the Department of the Environment on the current condition of the Spruce Lake landfill site. 8. Solicitor General In Response To April 28. 1997 Council Resolution Mayor McAlary advised that, further to Common Council resolution of April 28, 1997 inviting The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, and The Honourable Jane Barry, Solicitor General, to meet with Council to discuss some of the remarks they made during their announcement on the amalgamation issue, The Honourable Ann Breault telephoned her to state that, at this time she was not prepared to come to an open session of Council but would come to a closed session of Council two or three weeks from now if that were Council's desire, and that earlier this date The Honourable Jane Barry stated that would not be coming to this open session of Council but, if Council desired at a later time, in two to three weeks or whenever was convenient to everyone, she would be prepared to come; and asked for a motion to withdraw item 8 from the agenda of this meeting. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that item 8 be withdrawn from the agenda of this meeting. Councillor Gould advised that he would not attend a closed meeting with the Ministers in that the public would be interested to hear their comments, and asked that the Ministers be urged to make their presentation in open Council; and during discussion the Mayor clarified that her information from the Ministers was that they would be prepared to meet with Council in the future, but in a closed session; and suggested that, after taking the vote in the above regard, she would entertain a motion to that effect if Council so wished. Councillor Vincent advised his intent to vote against the above motion in that in his view it would have been prudent, proper and respectful for Council to have had a chance to have meaningful and proper dialogue with the Ministers; and Councillor Fitzpatrick expressed the view that, as the Minister made her statement publicly to the effect that basically amalgamation failed because of the Saint John Police Force, it would be fair for the Minister to publicly explain her statement. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". 12. Repealing Of Redundant By-Laws Or Bv-Laws Superseded Bv LeQislation Consideration was given to a report from the City Manager advising that, since undertaking a review of the City by-laws which resulted in approximately 30 by- laws being repealed and 48 being reviewed with respect to their continued relevance, the following by-laws have been reviewed by staff and it has been determined that they have become redundant and/or been superseded by more recent legislation: the (1) Offensive Occupation of Buildings By-Law; (2) Lumber By-Law; (3) Bicycles and Tricycles By-Law; (4) Bicycle By-Law; (5) Fisheries By-Law; (6) Expectorating on Sidewalks By-Law; and (7) Electrician Licensing By-Law; also advising that staff has been requested to retain older by-laws dealing with (a) the licensing of coin operated 86-393 COMMON COUNCIL MAY 12,1997 vending, service or mechanical amusements machines, (b) kosher meat, and (c) skateboards; and recommending that first and second readings be given to repeal the submitted by-laws. A motion was proposed by Councillor Knibb and seconded by Councillor Trites to give first reading to the by-laws to repeal the (1) Offensive Occupation of Buildings By-Law; (2) Lumber By-Law; (3) Bicycles and Tricycles By-Law; (4) Bicycle By-Law; (5) Fisheries By-Law; (6) Expectorating on Sidewalks By-Law; and (7) Electrician Licensing By-Law. (Councillor Vincent withdrew from the meeting.) Councillor Brown expressed concern that repealing the Bicycle By-Law would remove not only the requirement for bicycle licenses but would leave the situation open with respect to where bicycles could be driven and actions that could occur as a result of bicycles, and that the repealing of the By-Law would not remove the problem of bicycle driving on sidewalks or in squares and parks such as King's Square and the Burial Ground. The Mayor asked if there was any other law to deal with bicycles to which Chief Sherwood replied that, if memory served him correctly, the bicycle was a vehicle under the Motor Vehicle Act, thus the Act would apply to bicycles on sidewalks and in parking lots, although not in areas such as King's Square or in the Burial Ground, and that during his tenure in the City there has not been a problem with bicycles on sidewalks whereby people have been injured, nor has it been a subject of a horrendous number of complaints to the Public Safety Communications Centre. Councillor Waldschutz asked that Council consider each by-law separately, and expressed the view that the Expectorating on Sidewalks By-Law should be retained and referred to the City Manager to address the penalty. (Councillor Vincent re-entered the meeting during the above discussion.) Councillor Waldschutz proposed an amendment to the above motion, which was seconded by Councillor Brown, to retain the Sidewalk By-Law and the Expectorating On Sidewalks By-Law, and proceed with repealing the others. Mr. Nugent expressed the opinion that the proper way to deal with the repealing of the by-laws would be to do so on an individual basis. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Offensive Occupation of Buildings By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to repeal the Offensive Occupation of Buildings By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Offensive Occupation of Buildings By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Offensive Occupation of Buildings By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Lumber By-Law be read a first time. 86-394 COMMON COUNCIL MAY 12,1997 Question being taken, the motion was carried. Read a first time the by-law to repeal the Lumber By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Lumber By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Lumber By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to repeal the Bicycles and Tricycles By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to repeal the Bicycles and Tricycles By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to repeal the Bicycles and Tricycles By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Bicycles and Tricycles By- Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to repeal the Bicycle By-Law be read a first time. Question being taken, the motion was carried with Councillors Brown, Gould and Waldschutz voting "nay". Read a first time the by-law to repeal the Bicycle By-Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to repeal the Bicycle By-Law be read a second time. Question being taken, the motion was carried with Councillors Brown, Gould and Waldschutz voting "nay". Read a second time the by-law to repeal the Bicycle By-Law. Councillor Trites suggested that, prior to third reading of the above by- law, the City Solicitor could address the concern about bicycles in parks and such. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal Fisheries By-Law be read a first time. Question being taken, the motion was carried. 86-395 COMMON COUNCIL MAY 12,1997 Read a first time the by-law to repeal the Fisheries By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Fisheries By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Fisheries By-Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to repeal the Expectorating On Sidewalks By-Law be read a first time. Question being taken, the motion was carried with Councillors Brown and Waldschutz voting "nay". Read a first time the by-law to repeal the Expectorating On Sidewalks By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to repeal the Expectorating On Sidewalks By-Law be read a second time. Question being taken, the motion was carried with Councillors Brown and Waldschutz voting "nay". Read a second time the by-law to repeal the Expectorating On Sidewalks By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Electrician Licensing By-Law read a first time. Question being taken, the motion was carried. Read a first time the by-law to repeal the Electrician Licensing By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to repeal the Electrician Licensing By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Electrician Licensing By- Law. 13. Tender For Ground Water TestinQ On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Saint John Analytical Services, Saint John, be accepted for the establishment of a two-year price agreement, as indicated in the submitted summary of bids, for providing water sampling and testing at the Spruce Lake landfill site prior to and after the closing. 86-396 COMMON COUNCIL MAY 12,1997 Question being taken, the motion was carried. 13A. Tender For Contract 97-1 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 97-1: Curb Construction - Various Streets, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $140,653.60, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Traffic By-Law Amendment Re LoadinQ Zones On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Solicitor advising that the proposed Traffic By-Law amendment related to loading zones, to which Council gave first and second readings on April 28, would result in all citizens being allowed to park in such spaces on weekends and also during the week between 6:00 o'clock p.m. and 6:00 o'clock the following morning and, as a result of discussions with Mr. Richard Smith, General Manager of the Parking Commission, the Commission will be writing to Council shortly recommending that the amendment be revised -- be received and filed. Question being taken, the motion was carried. 16. Planning Advisory Committee Zoning By-Law Amendment To Re-Zone 14 Walsh's Road Consideration was given to a report from the Planning Advisory Committee regarding the application of O'Brien Roofing Ltd. for a Zoning By-Law amendment to re-zone the property at 14 Walsh's Road, which was tabled by Council at the April 28 public hearing with no readings given pending receipt of the Committee's recommendation; advising that the applicant's representative was in attendance at the Committee's May 6 meeting and, although unable to remain for consideration of the item due to a prior commitment, indicated to staff his agreement with the revised recommendation contained in the submitted Planning staff report; and recommending that Common Council re-zone a parcel of land with an area of approximately 6 acres and located at 14 Walsh's Road (NBGIC Number 298455), together with a right-of-way being a portion of NBGIC Number 298422, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the property is limited to the applicant's proposal to erect a storage warehouse and accessory office; (b) access to the property from Rothesay Avenue must be upgraded in accordance with detailed plans to be prepared by the proponent of the development and subject to the approval of the Chief City Engineer, and indicating the following minimum requirements: (i) chipsealing of the section of Walsh's Road extending from Rothesay Avenue to the point just beyond the railway crossing where the right-of-way turns parallel to the railway line; (ii) removal of the existing encroachment of the travelled road from NBGIC Number 298265; (iii) upgrading of the private railway crossing to the satisfaction of the Coordinator of Regulatory Matters for Canadian National; and (iv) gravel surfacing of the balance of the right-of-way from the point beyond the railway crossing described in (i) above to the subject site; (c) development of the site for the proposed warehouse and accessory office must be in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, illustrating, among other things, driveway and parking area, landscaping, building location, and all other proposed site features; (d) no building permit will be endorsed by the 86-397 COMMON COUNCIL MAY 12,1997 Development Officer until such time as the required plans mentioned in the above conditions are approved; and (e) all work shown on the required plans shall be completed within one year of approval of the building permit for the development. 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 land with an area of approximately 6 acres and located at 14 Walsh's Road (NBGIC Number 298455), together with a right-of-way being a portion of NBGIC Number 298422, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. The Mayor asked if upgrading of the road would address the concerns of the citizens and who would be responsible for upgrading the private road, and about the need to address the encroachment issue, to which Mr. Baird, referring to item 26 on the agenda of this meeting, advised that the citizens continue to be concerned about the proposal, notwithstanding the requirements for upgrading of this private road, and it would be the developer's obligation for upgrading from just over the railway track to Rothesay Avenue, and referenced the submitted staff report with respect to the encroachment issue. In response to Councillor Brown's observation that the proposed Section 39 conditions make no reference to the status of the property with respect to flood risk area storage capacity and the bearing capacity of the soils as referenced in the submitted Planning staff report dated April 18, Mr. Baird advised that the requirements of the Flood Risk Area By-Law would be applicable; and Councillor Brown expressed concern about allowing more development in the flood risk area without eventually addressing the issue of flooding. Mr. Nugent, noting Mr. Baird's reference to item 26 on the agenda of this meeting, expressed the view that, as the proper occasion for anybody to make representation with respect to this proposed re-zoning was the public hearing, it would be improper for Council to consider the contents of item 26 in its deliberations on this matter. Councillor Vincent asked if there were an adjacent piece of land that would be used for compliance with the flood plain requirement to which Mr. Baird expressed the understanding that a significant amount of material has been removed from the site and a credit has been built up, and it is anticipated that the nature and the extent of the development proposed at this time would be relatively limited, being a smaller building, with the applicant to use up some of the credit in undertaking the development and bringing fill in, and also that the Building Inspector would require information to fully satisfy him that the development would comply with the Flood Risk Area By-Law prior to issuing any permit. As to what safety the proposed improvements would mean to children in the area with respect to the unsignalized private railway crossing and the ability of the applicant to meet the Fire Department's indication of the need for a turn-around facility near the building as questioned by Councillor Vincent, Mr. Baird indicated that there was no clear answer that was fully satisfactory in the former regard, and on the latter issue there was only a very general site location at this point, although it would appear from the map and the size of the building proposed that there would be the ability to develop it in the fashion referenced. Councillor Trites asked what, in addition to the Development Officer's approval of the required plans as referenced in (d) above, guarantees are in place that what is planned would be done in that there could be a building and no chipsealing or improved crossing, to which Mr. Baird replied that there are a number of options available to deal with the ones that would be at hand if the proposal were adopted as set out and, although the Act's reference to reverting the zoning would not be fully satisfactory in terms of the development having occurred, it would have fairly significant consequences for the owner of the development and that would be the most direct remedy provided for in the Act, and it would also be possible, if Council wished, to require that security be placed by the development prior to undertaking the development; and suggested that the City Solicitor could comment with respect to the need for an agreement, as opposed to simply a resolution, if security were required. On motion of Councillor Trites Seconded by Councillor Ball 86-398 COMMON COUNCIL MAY 12,1997 RESOLVED that the above matter be laid on the table for one week and the City Solicitor and Planning staff be asked to report to Council on how Council can be guaranteed that the proposed site improvements will actually take place as per the Planning Advisory Committee's recommendation before Council considers this further. Question being taken, the tabling motion was carried. 26. Avis Dempster - Re-Zoning Of 14 Walsh's Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Avis Dempster emphasizing her objections to the re-zoning of 14 Walsh's Road, which was the subject of a public hearing on April 28 -- be received and filed. Question being taken, the motion was carried. 17. Planning Advisory Committee Municipal Services Easement 41-57 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor Waldschutz 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 easements with regard to 41-57 Douglas Avenue. Question being taken, the motion was carried. 18. Saint John Parking Commission ParkinQ Meter Bv-Law Amendment On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Parking Commission advising of its development of a metered parking lot on St. Patrick Street next to the Canada Games Aquatic Centre and the need to amend Schedule "B" of the Parking Meter By-Law so that this lot can be used for the parking of vehicles and established as a parking zone for the purpose of parking vehicles -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", 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 To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices". On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", be read 86-399 COMMON COUNCIL MAY 12,1997 a second time: AND FURTHER that the matter be referred to the City Solicitor for appropriate action. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices". 19. Steve And Melissa Anderson Re Waste Disposal On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Steve and Melissa Anderson regarding the Spruce Lake landfill site, siting of a transfer station, and transferring waste outside of the Region -- be received and filed. Question being taken, the motion was carried with Councillor Vincent voting "nay". 20. N.B. Filmmakers' Co-Operative Ltd. FundinQ For Workshop Series On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that the letter from N.B. Filmmakers' Co-Operative Ltd. requesting funding for a workshop series for items related to the Delancey's Brigade, food for the crew and costume rental as indicated in the submitted budget -- be received and filed and a grant of $600 be approved. The initial motion proposed by Councillor Knibb, which was not seconded, was to refer the above matter to the City Manager. Councillor Knibb, a member of the Loyalist Days Committee, made the observation that the City, through this Committee, had already assisted Delancey's Brigade in the way of costumes and other appurtenances; and suggested that the Delancey's Brigade, which is a group of volunteers, would not need to be compensated and also that it was unreasonable for the film group, which is from Fredericton and from which funding should be available, to be asking the City to feed and costume the actors. Councillor Gould concurred that Council should have more information as to the purpose of the $600; and Councillor Trites advised that, while he would consider a grant of $300, he would not support a grant of $600 which would represent close to 20% of the group's budget in that the group was asking for $600 to help fund $3,200 of its $6,500 budget. Question being taken, the motion was lost with the Mayor and Councillors Brown, Fitzpatrick, Gould, Knibb and Trites voting "nay". 21. Urban Core Support Network Impact Of Economic Unit Policv On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Upper Core Support Network submitting, further to its April 28 presentation to Council, a booklet of stories which illustrates the impact of the economic unit policy on people, and offering assistance in drafting a response to the Province -- be received and filed. Question being taken, the motion was carried. 86-400 COMMON COUNCIL MAY 12,1997 22. International Union Of Operating EnQineers - Curb Construction 97-1 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the International Union of Operating Engineers Local 946 regarding the contracting out of the City's construction projects in that it understands that the City's curb construction 97-1 is being done in-house; advising that, if it is the City's priority to save money, this matter would be worth looking into as the Union and the signatory contractors have worked very hard to keep costs within the competitive market of today -- be received and filed. Question being taken, the motion was carried. 23. Saint John Jazz & Blues Festival Request For Permission To Erect SiQns On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Jazz & Blues Festival asking permission to erect Festival signs at approximately four locations in Saint John - upper King Street, Garden Street, the entrance on the highway from Grand Bay, and one other, to be displayed soon after the Festival Election of June 2 and removed after the Festival sometime around July 13, 14 or 15 -- be referred to the City Manager. Mr. Totten advised that staff would like an opportunity to suggest where signs could be placed. Question being taken, the motion was carried. 24. Daryl McLennan - Amendment To Section 39 Conditions Of Re-ZoninQ 9 Simpson Drive On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application Mr. Daryl McLennan for an amendment to the Section 39 conditions of re-zoning of 9 Simpson Drive be referred to the Planning Advisory Committee for a report and recommenda- tion and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 23, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. Imperial Oil (G. Carl Brown) Re-Zoning Of Property At Corner Of Rothesav Avenue. McAllister Drive On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the application of Imperial Oil (G. Carl Brown) for the re-zoning of property at the corner of Rothesay Avenue and McAllister Drive 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, June 23, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 86-401 COMMON COUNCIL MAY 12,1997 26A. Saint John Port Corporation Purchase Of AdvertisinQ On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Port Corporation advising that National Transportation Week - Port Days '97, to be held on June 2 - 4, will be featured in "Canadian Sailings", and Mr. Brian Gallery and his staff may be in touch to solicit interest in purchasing advertising space in this special edition which would be an excellent opportunity to promote services and facilities -- be received and filed. Question being taken, the motion was carried. 26B. John & Theresa Stewart - Sewerage System At 421-425 DouQlas Avenue On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the letter from John and Theresa Stewart advising that recently they made an offer to purchase a building at 421-425 Douglas Avenue and, as the sewerage system drops into the St. John River, the Department of Health has suggested that this should be corrected; and asking who is responsible to bring the City's sewerage line to the property's boundary, what are the costs to them, if any, if this problem has to be corrected some time in the future, and if this is a situation which will have to be corrected in the near future -- be referred to the City Manager. Question being taken, the motion was carried. Councillor Vincent asked if he could ask a question of the City Solicitor prior to adjournment, to which the Mayor indicated that it would have to be on an agenda item, whereupon Councillor Knibb proposed a motion which was seconded by Councillor Brown that Council hear from Councillor Vincent prior to adjournment. The Mayor asked Councillor Vincent what the name of his item was, to which Councillor Vincent replied that he wanted to ask the City Solicitor if an item in the information items to Council was considered to be an official record of the City to which Mr. Nugent replied that the record is the material which has come before Council pursuant to its agenda and the proceedings which arise from it, while information items, as they are not entered as part of the record, would not constitute part of the record. The Mayor made the observation that Council members, at the beginning of a Council meeting, could add information items to the agenda and Councillor Vincent, having advised of his intent to move a motion to place item 3 from the information items on the agenda and receive and file it, advised that he would bring the matter up at the next meeting. Adiournment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk