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1997-05-20_Minutes 86-402 COMMON COUNCIL MAY 20,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twentieth day of May, A.D. 1997, at 4:00 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; D. Wilson, Commissioner of Finance; C. Robichaud, 74Commissioner 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; W. Edwards, Building Inspector; G. Yeomans, Manager of Accounting Services; B. Belyea, Budget Officer; G. Tait, Fire Chief; D. Sherwood, Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; 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 Philip Ward, Rector of St. Luke's Anglican Church, offered the opening prayer. (Councillor Vincent withdrew from the meeting.) 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 May 12, 1997, be approved. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 3. Mavor's Remarks Mayor McAlary proclaimed May 25 to 31 to be Missing Children's Week in the City of Saint John and encouraged residents to participate in the Missing Children's Society of Canada's new public awareness program "Porch Lights" by turning on their porch lights for one hour in the evenings during this week to light the way home for missing children; and noted ACAP - Saint John's forthcoming paint swap on May 31, as well as recent events in the City, including the City's birthday on May 18 in which New Brunswick's Lieutenant Governor Marilyn Trenholme participated, the Knights of Columbus' 77th convention, and a youth convention. Condolences were extended to the family of the late Frank O'Brien who recently passed away, and to the family of the late Douglas MacPhee who passed away on May 20. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that agenda item 22, being the City's 1996 Financial Statements, be moved for consideration at this meeting after item 4. 86-403 COMMON COUNCIL MAY 20,1997 Question being taken, the motion was carried. Councillor Gould suggested that, as the City Manager's update report on a working session that the City Manager has enjoyed recently with senior officials of the Provincial Government under item 33 on the Committee of the Whole agenda of this date was pertinent to discussions Council has had in open session, this item should be considered as an item of open Council at the first opportunity because of issues in it which concern the very future and responsibilities of Common Council. The Mayor made the observation that the only way she could bring this report to open session now would be to have a motion, whereupon Councillor Gould asked if the City Manager would object to Council discussing it now or if he first wished to brief Council. The Mayor advised that, if the City Manager were to speak in this regard, she would prefer that he not do so under Mayor's remarks which was for announcements and not for items of business; and re-iterated that Councillor Gould had the opportunity to make a motion at this time. * Added Item Councillor Gould proposed a motion, which was seconded by Councillor Vincent, that the portion of the City Manager's update, under item 33 on the Committee of the Whole agenda of this date, dealing with the workshop that the City Manager has enjoyed recently with senior officials of the Provincial Government, be added to the agenda of this meeting. Councillor Knibb spoke against the motion to add the item in question to the agenda of this meeting in that it would not be fair to the City Manager to do so as the intent was to have a briefing session with Council in private and the time for the public to be informed in this regard would be when recommendations were being considered on the changes that should be coming about as a result of amalgamation. Mr. Totten advised his intent, as he had indicated to Provincial staff, to submit a report to Council in open session dealing with the regional commissions and the directions the Province was taking, as well as his intent to continue meeting with Provincial staff. Councillor Trites concurred with Councillor Knibb that Council should have an opportunity to have a briefing in some extensive form prior to going public; and questioned the appropriateness of Council responding publicly to the Provincial bureaucracy as opposed to responding to the Minister in that Council should have an opportunity to dialogue and then approach the Minister to get her viewpoint on some of the issues discussed in that particular report. The Mayor suggested that, while at some point in time Council would be discussing regional commissions in open session of Council, it was important for Council as a body to discuss what it wants in terms of these commissions, and also that, as the other municipalities with which Council would be sharing these commissions would not be putting their ideas together in this regard until their new councils are in place following the June 26 municipal election in these municipalities, it would be premature for Council to discuss this matter in open session at this time in that, while it could prepare its own thoughts between now and June 26, Council cannot work with the other municipalities until after that date. Deputy Mayor Chase agreed that it would be early for Council to publicly discuss this matter in that the City Manager has been involved in only preliminary meetings with Provincial staff. The motion proposed above was withdrawn. 22. Finance Committee - 1996 Financial Statements Of City Of Saint John (a) Operating Highlights; (b) General Fund; (c) Water And Sewerage Utility (d) SinkinQ. Reserve And Trust Funds Consideration was given to a letter from Councillor Fitzpatrick, Chairman of the Finance Committee, submitting the 1996 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, as prepared by Ernst & Young, as well as comments on the operating highlights as prepared by the Finance Department. 86-404 COMMON COUNCIL MAY 20,1997 Mr. Wilson reviewed the operating highlights of both the General Fund and the Water and Sewerage Utility, noting the operational surplus of $330,469 in the General Fund, and the operating surplus of $9,824 in the Water and Sewerage Utility, as well as the inclusion in the departmental totals of unbudgeted expenditures of $897,067 for the cost of the Workforce Adjustment Program, $435,233 to fully fund the benefits provided in the Heart and Lung Act, and $519,122 to provide for early pay-outs on the retiring allowance program, the total cost of $1,851,422 for these three expenditures having been absorbed by reducing the amount paid for capital expenditures from current year revenues, and the need to provide for a $380,000 liability in the Police Force's budget as a result of an arbitration award which indicated that vacation pay should be based upon 12-hour as opposed to 8-hour days for approximately 100 officers scheduled on the 12-hour shift rotation; and responded to Council queries in this regard. Mr. S. Gallagher of Ernst & Young was present at the meeting and, in response to a question on the status of the City's financial position, advised that, while it was difficult to make an objective assessment of whether the City was in sound financial condition, one of the things to consider was the way in which the City's accounts were maintained and, drawing on his experience with other municipalities not so much in the Province of New Brunswick but in other jurisdictions across Canada, the three expenses referred to by Mr. Wilson for the Heart and Lung liability, vacation day accrual and the retirement allowances, represented expenses that normally in other municipalities in his experience, being large municipalities in Ontario, would not be accrued to the accounts until such time as the expenses were actually paid out; thus, the City of Saint John was acting in a very fiscally-responsible manner in accruing these costs when they should be accrued, which is at the time they are incurred, as opposed to the time they would be paid out at some time in the future. Mr. Gallagher made the observation that, considering that as an indicator and suspecting that no other municipalities the Province of New Brunswick would treat such expenditures in the same fashion, the accounts of the City of Saint John were in good shape. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the 1996 Financial Statements of the City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, be adopted and filed. Councillor Trites noted the City's engagement of Ernst & Young in terms of service delivery and methods of operation within the City, and suggested that Mr. Gallagher should be invited to a public session of Council to give an overview of the project work being undertaken. The Mayor indicated that a motion to this effect would be in order after the question on the above motion. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that Council ask staff to arrange with Ernst & Young for a public presentation of the mandate in terms of customer service and enhanced processes within City Hall at a mutually-convenient time. Question being taken, the motion was carried. 4. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Parks were in attendance at the meeting to present the previously-submitted report updating Council of the Saint John Police Force Implementation Team's activities during the past week. 86-405 COMMON COUNCIL MAY 20,1997 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the Saint John Police Force Implementation Team's update report of its activities during the past week be received and filed. Question being taken, the motion was carried. 5. Taxi By-Law & Appointment Of Taxi Bv-Law Committee On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the letter from Mayor McAlary advising that the Taxi Association has requested that Council review the Taxi By-Law and possibly implement some of the recommendations suggested in the last report produced by the Taxi Review Committee, and that a small committee be established to work with the Taxi Inspector on this issue; and recommending that the Nominating Committee be asked to submit names for appointment to a taxi by-law committee -- be received and filed and the recommendation adopted. Deputy Mayor Chase spoke on the basis of his experience as a member of the former Taxi Review Committee chaired by Mr. Norman Herrington and in view of the other committees which have undertaken a review of the taxi industry with basically no results, and also based on his discussion earlier this date with some members of the taxi industry - stand owners who have been meeting for the past several weeks with the ultimate goal of placing before Council the industry's proposals for fixing the By-Law which suffers from being old and out of date; suggested that it would be premature to establish a committee until this group of stand owners and drivers can make its proposals to Council from an industry standpoint; and advised that he could not support forming a committee at this level. Councillor Trites suggested that, rather than create a formal committee at this time, Council could ask the Taxi Inspector to chair a committee and make available to him the Building Inspection by-law enforcement staff as well as the people in the taxi industry to bring back recommendations to Council. Councillor Brown asked if it were the Taxi Association or the Taxi Inspector's request that Council was addressing at this time to which the Mayor replied that both the Association which represents the drivers and the Taxi Inspector have made the same request. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager, the Chief of Police and the Taxi Inspector for a joint recommendation as to structuring a committee. Question being taken, the referral motion was carried. 6. Schedule Of Council MeetinQs On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary proposing that Council adopt the submitted schedule of bi-weekly meetings for June, July and August, with the first meeting in the month of September to be held on Tuesday, September 2, at 7:00 o'clock p.m. -- be received and filed and the schedule be approved. Question being taken, the motion was carried. 86-406 COMMON COUNCIL MAY 20,1997 7. HIP Applications #38 & #39 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications:- HIP #38 - Blair Construction for an estimated grant of $10,400 with respect to Westmorland Road; and HIP #39 - Liberty Homes Inc. for an estimated grant of $25,600 with respect to Lucas Street. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 8. License Agreement With Praxair Canada Inc. Re Rail Line CrossinQ Over Industrial Drive Consideration was given to a report from the City Manager advising that, further to Council's authorization on March 24 of a licence to Praxair Canada Inc. for a pipeline from the Oil Refinery under Grandview Avenue to the plant, Praxair also wants to construct a rail crossing over Industrial Drive to transport the processed gas to markets throughout the eastern seaboard; and recommending that Council approve entering into a license agreement with Praxair to facilitate the construction and maintenance of a rail line crossing over Industrial Drive on the terms and conditions as stated. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize a license agreement between the City of Saint John and Praxair Canada Inc., subject to the following terms and conditions: (1) the City of Saint John grants permission to Praxair to enter upon Industrial Drive ("City's Roadway") for the purpose of laying, constructing, installing, maintaining, operating, repairing, inspecting, replacing, removing and abandoning a rail siding ("Praxair Siding"), on and across the City's Roadway at the location shown on the submitted Schedule "A"; (2) this agreement shall be effective on the date of execution and shall continue from year to year save as provided otherwise in the agreement or until terminated by either party giving the other not less than 60 days prior notice; (3) Praxair shall not assign or transfer this agreement or the rights and privileges provided hereby without the prior written consent of the City, which consent shall not be unreasonably withheld; (4) except as otherwise set out in this agreement, the rights and obligations of the parties under this agreement shall terminate upon property abandonment or removal of all Praxair's Siding from City's Roadway and completion of the reclamation work required by applicable laws, except for those rights acquired and obligations incurred prior to such events; (5) the installation of the Praxair Siding, street reinstatement, the relocation or repair of any municipal services damaged during the installation of the rail siding, will be at the sole expense of Praxair, unless such damages occurred as the result of negligence on the part of the City of Saint John; (6) Praxair will co-name the City in its liability insurance policy during the construction and operation of the said rail line street crossing; (7) Praxair will pay for the reasonable periodic costs associated with levelling or adjusting of the grade of the crossing relative to the street, so as not to cause a hazard to the travelling public and, in the event that such periodic work is not performed or a hazardous condition exists (any condition which, in the opinion of the Chief City Engineer presents a danger to the safe use of the street by vehicular or pedestrian traffic), beyond thirty days written notice from the City, the City reserves the right to undertake such work as to alleviate the hazard at the expense of Praxair; (8) Praxair will post and maintain the appropriate rail crossing signs (within 10 metres of both sides of the crossing on Industrial Drive) and, if such signs become damaged, unreadable or missing, Praxair will promptly install a new or repair the existing sign(s) and, if such work is not performed by Praxair within thirty days of receiving notice from the City to undertake such work, then the City reserves the right to install or repair the signage at the expense of Praxair; (9) subject to notice, the City reserves the right to remove portions of the Praxair siding (at a mutually convenient 86-407 COMMON COUNCIL MAY 20,1997 time), to repair, replace or install new municipal or public utility services under or near the subject crossing, and the reinstatement of the Praxair Siding will be done to a standard equal to the condition of the siding at the time of its removal, at the expense of the City and, in the event that Praxair wants to improve or replace portions of the siding, at the time of reinstatement, it can do so at its own expense and, in such instances and if the City so consents (such consent will not be unreasonably withheld or delayed), Praxair can undertake the task of reinstating the crossing for which the City will provide a cash amount equivalent to the City's cost of reinstating the siding, as existing prior to its removal; all such work, undertaken by either party shall be carried out in a proper, diligent and expeditious manner; (10) in the event that and when the Praxair Siding is no longer in use (meaning no rail car traffic over the crossing for two or more consecutive years) or is becoming a hazard to the travelling public, then Praxair or its successor, will remove the said siding at the City's request and reinstate the street surface to City standards, reasonable wear and tear excepted; (11) the movement of rail cars across Industrial Drive must be done in accordance to the appropriate regulations, laws, by-laws and guidelines governing movement of rail cars and, in the event that Praxair violates such laws, by-laws or regulations, the City may give notice of such violation to Praxair and, if Praxair fails to remedy the said violation within thirty days of receiving written notice of the same, the City reserves the right to terminate this agreement; (12) in the event that the municipal services under and within 5 metres of the Praxair Siding rupture or malfunction within 60 days of the installation of the subject crossing, Praxair will pay for the required repairs, provided that it is evident that the crossing and its installation or use, directly created a condition(s) which directly led to the rupture or malfunction of the municipal service(s) save and except where such ruptures or malfunctions are the result of the City's negligence; (13) there shall be a one-time administration fee of $250 for the execution of this agreement, made payable to the City of Saint John; (14) there shall be an annual fee for this agreement and during the first ten years of this agreement the annual fee is to be $250 (made payable to the City of Saint John, on or before each anniversary of the date of this agreement), and the annual fee will be adjusted every ten years thereafter to reflect the current rate for such licences; (15) the construction of the Praxair Siding shall not commence until Praxair or its consultant has provided the Chief City Engineer with a complete set of construction/engineering drawings for the said crossing; these drawings and the proposed design contained therein are approved by the City's Chief Engineer prior to any permit being issued for the construction of the crossing; (16) within 90 days of the completion of the said crossing, Praxair or its consultant is to provide the City with an "as build" drawing of the crossing; (17) in the event this agreement is terminated, Praxair or its successor must remove the said crossing and reinstate the street to City standards, then applicable; and (18) subject to a 30-day written notification, failure in the performance of clauses 2, 3, 4, 7, 8, 10, 11, or 12 may result in the cancellation of this agreement if the subject violation is not rectified by Praxair within 30 days of receiving written notice to rectify the same; and that the Mayor and Common Clerk be authorized to execute the necessary document(s). Question being taken, the motion was carried. 9. Response To Complaint Re Condition Of Property On University Avenue Consideration was given to a report from the City Manager further to Council's consideration on May 5 of a complaint by Grace Copp about an unsightly and potentially dangerous situation adjacent to University Avenue, in particular the recent Tim Hortons/Wendys development which appears to have caused a relatively large stand of water to pond on City-owned property immediately adjacent to University Avenue; advising that the Building Inspector's Office became aware of this problem in mid-December 1996 and correspondence was sent to the registered owners of the property who have taken the position that the water problem caused by their development is not their responsibility to resolve, although further discussions with the owners have taken place and a commitment has been made by the project manager to personally inspect the site. The report also advises of other site development issues to be addressed in that, should the developers of the subject property undertake to address them, the City would not incur any costs; however, in the event the developers refuse or are reluctant to effect remediation, the City would likely incur administrative, legal and possibly direct costs; and recommends that this report be received and filed. 86-408 COMMON COUNCIL MAY 20,1997 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager further to Council's consideration on May 5 of a complaint by Grace Copp about an unsightly and potentially dangerous situation adjacent to University Avenue, in particular the recent Tim Hortons/Wendys development which appears to have caused a relatively large stand of water to pond on City-owned property immediately adjacent to University Avenue -- be received and filed and the City Manager be instructed to take urgent and immediate action to correct the situation. (Councillor Trites re-entered the meeting.) Councillor Gould expressed concern about the possible hazardous situation to young children who play in the above area and that the accumulation of stagnant water would be an ideal place for breeding mosquitos and other insects; and suggested that, as more than receiving and filing the above report would be in order, perhaps the area could be fenced in until the situation is resolved and that action could be taken almost immediately to drain the swamp and subsequently fill it in with gravel. During discussion Mr. Robichaud made the observation that, if Council so wished, the site could be protected by a number of ways, either a fence or by draining and filling, although no costing has been done in this regard; and Mr. Edwards commented on the situation on the basis that, although the owners have taken the position that the water problem caused by their development is not their responsibility to resolve, the Building Inspector's Office does not agree with this position and is continuing to pursue this issue. Councillor Trites, referring to item 13 on the agenda of this meeting with respect to the proposed re-zoning of property on Walsh's Road, made the observation that following the enforcement procedure could take months before anything would be done; and suggested that City staff, first thing in the morning, should communicate with the project manager for Wendys/Tim Horton for the region in an effort to at least get some concurrence that something could be done, perhaps as simple as the installation of a catch basin near University Avenue or some regrading of the adjacent property, as referenced in the submitted letter from Deputy Building Inspector D. Crawford, and a decision could be made after on who would pay the bill. The initial motion to adopt the City Manager's recommendation to receive and file the above report was reworded as indicated above; and Councillor Vincent advised that he could support the motion if the instruction was given with the clear-cut understanding that staff was also to set up a vehicle for recovery of costs in association with the corrective steps and that this be carried to the maximum step, if necessary. (Councillor Waldschutz withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 10. Bicycle By-Law And ExpectoratinQ Bv-Law On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager acknowledging, further to the concerns raised at the May 12 Council meeting regarding the repealing of the Bicycle and Expectorating By-Laws, that, while these By-Laws were outdated, there may be authority in legislation which would permit regulations of these activities which would more accurately reflect the current needs of the community; and recommending that third reading of the by-laws to repeal the Bicycle By-Law and the Expectorating By-Law be delayed until staff has had sufficient time to research these issues further -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 86-409 COMMON COUNCIL MAY 20,1997 11. Tender For Contract 97-3: Asphaltic Concrete Street ResurfacinQ - 1997 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Manager, Contract 97-3: Asphaltic Concrete Street Resurfacing - 1997, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $1,457,621, 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. 12. Parking Meter By-Law Amendment St. Patrick Street ParkinQ Lot Read a report from the City Solicitor advising that third reading would now be in order to the submitted Parking Meter By-Law amendment respecting the St. Patrick Street parking lot, to which Council gave first and second readings on May 12. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number M-118-5 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", with regard to the St. Patrick Street parking lot, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number M-118-5 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", was read in its entirety. Question being taken, the motion was carried. 13. Zoning By-Law Amendment To Re-Zone 14 Walsh's Road Consideration was given to a report from the City Solicitor regarding the proposed re-zoning of 14 Walsh's Road, Council on May 12 having tabled first reading of the by-law and requested the City Solicitor and Planning staff to report on how Council could be guaranteed that the proposed site improvements would actually take place as per the Planning Advisory Committee's recommendation before this was considered further; explaining the following three approaches offered by the Community Planning Act which Council could take in this case in an effort to ensure compliance with the site improvements recommended: (1) a Council resolution imposing as so-called Section 39 terms and conditions the site improvements contained in the Planning Advisory Committee recommendation; (2) an agreement between the City and applicant in which the latter would agree that, prior to applying for a building permit to construct the proposed warehouse and office, he would complete the work set out in the terms and conditions; and (3) an agreement between the City and the applicant much like the second approach but would provide no restriction upon the application for a building permit and rather Council would resolve that security in a form acceptable to the City and in an amount to cover the cost of the work set out in the terms and conditions be delivered by the applicant prior to the City's execution of the agreement; and also advising that, having discussed this matter with Mr. Baird and if Council wished to pursue either of the approaches involving an agreement, it would be appropriate to refer the matter for additional discussion between staff and the applicant with a report to Common Council to follow. 86-410 COMMON COUNCIL MAY 20,1997 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above matter be referred back to staff with the request to pursue options 2 or 3 and bring the subsequent agreement back to Council. Councillor Trites suggested that, if the re-zoning were to be approved, there would have to be something in place to guarantee the improvements to the roadway, the rail crossing and so on to the benefit of both the residents as well as the developer. Councillor Vincent advised his opposition to the proposed re-zoning as it would impose on people who have lived in the area for lengthy periods of time an element with which they could not be expected to associate themselves; and Councillor Gould concurred in this regard. Councillor Brown re-iterated his concern about building in the flood risk area; and Councillors Arthurs and Ball concurred that the residential area should not be disrupted. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that Council deny the re- zoning of property at 14 Walsh's Road as requested by O'Brien Roofing Ltd. Question being taken, the motion was carried with Councillor Knibb voting "nay". 14. Municipal Plan Amendment And Re-ZoninQ 2291 Loch Lomond Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Artith and Brian Train concerning property at 2291 Loch Lomond Road have been completed, and the date for objections expired on May 14, 1997, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Artith and Brian Train for a Municipal Plan amendment and re-zoning of 2291 Loch Lomond Road 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. 15. Municipal Plan Amendment And Re-ZoninQ 2690 Loch Lomond Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Victor Train concerning property at 2690 Loch Lomond Road have been completed, and the date for objections expired on May 14, 1997, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Victor 86-411 COMMON COUNCIL MAY 20,1997 Train for a Municipal Plan amendment and re-zoning of 2690 Loch Lomond Road 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. (Councillor Arthurs withdrew from the meeting as she was not present for the May 12, 1997 public hearing for the proposed re-zoning of 45-49 Rock Street.) 16. Zoning By-Law Amendment To Re-Zone 45-49 Rock Street On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 100-434 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 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, be read a third time and enacted and the Common Corporate Seal be affixed thereto:. AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to 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, 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 prohibiting; 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. The by-law entitled, "By-Law Number C.P. 100-434 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 17. By-Law To Repeal Offensive Occupation Of BuildinQs By-Law On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A Law Respecting The Offensive Occupation Of Buildings Within The City Of Saint John", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law Respecting The Offensive Occupation Of Buildings Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 18. Bv-Law To Repeal Lumber Bv-Law On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Repeal A Law Relating To The Office Of Surveyor And Measurer Of Lumber 86-412 COMMON COUNCIL MAY 20,1997 In The City Of Saint John", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law Relating To The Office Of Surveyor And Measurer Of Lumber In The City Saint John", was read in its entirety. Question being taken, the motion was carried. 19. By-Law To Repeal Bicycles And Tricvcles Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Repeal A Law To Regulate The Riding Of Bicycles And Tricycles Within The City Of Saint John", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law To Regulate The Riding Of Bicycles And Tricycles Within The City Saint John", was read in its entirety. Question being taken, the motion was carried. 29. Bertha Wood-Holt - Repealing Of Bicvcles And Tricvcles Bv-Law On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mrs. Bertha Wood-Holt imploring Council not to rescind the protection of the Bicycles and Tricycles By-Law -- be received and filed. Question being taken, the motion was carried. 20. Bv-Law To Repeal Fisheries Bv-Law On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Repeal A Law To Regulate The Fisheries And The Laying Out And Fishing The Fishing Lots Within The City Of Saint John, And The Fishing Limits Connected Therewith", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law To Regulate The Fisheries And The Laying Out And Fishing The Fishing Lots Within The City Of Saint John, And The Fishing Limits Connected Therewith", was read in its entirety. Question being taken, the motion was carried. 21. Bv-Law To Repeal Electrician LicensinQ Bv-Law On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A By-Law Regulating And Licensing Journeymen Electricians, Apprentice Electricians And Electrical Contractors", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A By-Law Regulating And Licensing Journeymen Electricians, Apprentice Electricians And Electrical Contractors", was read in its entirety. 86-413 COMMON COUNCIL MAY 20,1997 Question being taken, the motion was carried. 23. Environment Committee - Response To Concern Re Chemical Use In And Around School BuildinQs On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the Environment responding to Council's August 26, 1996 referral of a letter of concern from Ms. Patricia Donovan about chemical use in and around school buildings -- be received and filed and the Environment Committee be thanked, and a copy of the report be referred to the Fundy Region Solid Waste Commission. Councillor Gould expressed concern that, in receiving and filing the above report, no action would be taken on the suggestions therein. Councillor Brown, the City's representative on the Fundy Region Solid Waste Commission, suggested that, with the Commission being responsible for waste management in the area and part of its future mandate could be to handle hazardous waste materials, a copy of the above report could be forwarded to the Commission, and the mover and seconder of the motion agreed to change the motion accordingly. Question being taken, the motion was carried. 24. Multicultural Association Of Saint John, Inc. (a) Re Formal Establishment Of Group To Work On Citizenship And Immigration Issues (b) Workshops On Cross-Cultural Communication 24{ a) On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Multicultural Association of Saint John, Inc., referring to the Task Force on Immigrant and Refugee Settlement Renewal headed by Councillor Ball in that it was acting without the official sanction of the City and was not a Council-appointed committee, and suggesting that Council formally establish a group to work on the items suggested by the Minister of Citizenship and Immigration -- be referred to Council in Committee of the Whole for discussion regarding a possible formal relationship of the present Immigration Committee with the Council concerning immigration issues. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 24{b) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Multicultural Association of Saint John, Inc., submitting a copy of the program for two workshops on cross-cultural communication strategies, dealing with policing a multicultural society and cross-cultural concerns in law enforcement, being held in Fredericton by the Multicultural Association in conjunction with the Department of Citizenship and Immigration and the Department of Canadian Heritage -- be referred to the Chief of Police. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 86-414 COMMON COUNCIL MAY 20,1997 25. Speak Easy Inc. - Grant Request For 1997 Conference Promotion On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Council reply to the letter from Speak Easy Inc. requesting a grant of $1,000 to cover one third of its promotional costs with respect to the annual Canadian Stuttering Conferences to be held in Saint John in August, by suggesting that the Tourism and Convention Bureau would assist in encouraging delegates to attend. Councillor Knibb, in proposing the above motion, suggested that help should be in the in-house provision of brochures and such. Deputy Mayor Chase asked the category into which the above request would fit in the Unspecified Grants Budget, or if there were some criteria the conference did not meet, and the Mayor made the observation that a decision in this regard would be entirely up to Council. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above matter be laid on the table for one week and the City Manager be asked to give Council an update on the Unspecified Grants Budget. Question being taken, the tabling motion was carried. 26. 058422 N.B. Inc. - Application For Zoning By-Law Text Amendment And Re-ZoninQ 1673 Loch Lomond Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of 058422 N.B. Inc. for a Zoning By-Law text amendment and re-zoning of property at 1673 Loch Lomond Road 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. 27. Blanche Janes - Fee For Private Railwav CrossinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Blanche Janes submitting a copy of correspondence to her from the NB Southern Railway, including an invoice for private railway crossing fees at Mil. 5.80, McAdam Subdivision - - be received and filed. The Mayor commented on the basis that the fees in question were provided for under the Canada Transport Act and that Council would have no jurisdiction in this area; and, in response to Councillor Vincent's concern about the manner in which the Railway company addressed the situation and what he considered to be a requirement for Council to ensure where possible that a sense of fairness prevailed, suggested that the matter could be referred to the City Solicitor, although rail way companies have to charge the fee enforced by the Federal jurisdiction. 86-415 COMMON COUNCIL MAY 20,1997 On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Solicitor for a report to Council. Councillor Knibb suggested that Council should stay out of a matter that was not in its jurisdiction. Question being taken, the referral motion was carried with Councillor Knibb voting "nay". 28. Glenn And Mona Hayward - Tourism Potential & Spruce Lake Industrial Park On motion of Councillor Brown Seconded by Councillor Ball RESOLVED that the letter from Glenn and Mona Hayward suggesting that the topics of Saint John's tourism and people potential, pride and the Spruce Lake Industrial Park should be addressed -- be referred to The Market Square Corporation. In response to Councillor Brown's question as to the Corporation's mandate having been expanded to the shoreline of the City proper and for any waterfront development, the Mayor suggested that, if the Corporation could not deal with the matter, it could so advise Council. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk