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1997-06-09_Minutes 86-434 COMMON COUNCIL JUNE 9, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of June, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Knibb, 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; W. Edwards, Building Inspector; B. Morrison, Director of Recreation and Parks; P. Morgan, Personnel Officer; K. Galbraith, Manager of Public Affairs; E. Farren, Intergovernmental Affairs Officer; L. Graham, Manager of Data Processing Services; G. Tait, Fire Chief; D. Sherwood, Chief of Police; D. Oram, Police Constable; J. Wilcox, Police Constable; Mrs. S. Wilson, Executive Secretary; 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 Captain Harold Bungay, Head of Public Relations for The Salvation Army, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meetings of Common Council, held on May 26, 1997 and June 2, 1997, be approved. Question being taken, the motion was carried. Mayor McAlary asked if there were any objections from persons present with respect to items 3 and 4 on the agenda of this meeting to proceed to item 9 at this time and, having received none, recognized Mr. David Bowen who was present with respect to the Environment Committee's Essay and Poster Contest. 9. Mayor's Remarks Environment Committee's Essay And Poster Contest - Presentation Of Prizes Mr. David Bowen, Chairman of the Environment Committee's Annual Poster and Essay Contest for District 8 Elementary Schools, addressed Council about the Contest, students in Kindergarten to Grade 4 having been asked to design posters using the theme "A Green School" and students in Grades 5 and 6 having been asked to write an essay using the theme "A Greener Place To Live"; and the Mayor presented certificates and monetary prizes to the 1 st, 2nd and 3rd prize winners as follows:- Poster Contest - Mrs. Porter's class, Grandview Avenue School; Ashley Doucette, Glen Falls School; and Marie Barnhill, M. Gerald Teed School; Grade 1 - Levi Ellingwood, Princess Elizabeth School; Melissa Burnhman, Forest Hills Elementary School; and B.J. Smith, Forest Hills Elementary School; Grade 2 - Teegan Scott, Glen Falls Elementary School; Corey Campbell, Glen Falls Elementary School; and Colin Sanipe, Forest Hills Elementary School; Grade 3 - Jason Basque, Holy Trinity School; Mindi Hasselman, Holy Trinity School; and Michelle Mcintyre, Holy Trinity School; Grade 4 - Jessica McGrath, Bayview Elementary School; Liane Barton, Barnhill 86-435 COMMON COUNCIL JUNE 9, 1997 Memorial School; and Justine Galbraith, St. John The Baptist/King Edward School; and Essay Contest - Grade 5 - Alexandra Richardson, Forest Hills Elementary School; Andrew Hanson, Forest Hills Elementary School; and Brandon Daye, Princess Elizabeth School; and Grade 6 - Vanessa Galbraith, St. John The Baptist/King Edward School; Jane McDonough, Princess Elizabeth School; and Grace A. LeBlanc, Princess Elizabeth School. The Mayor asked Council's consideration at this time of item 24. 24. RecoQnition of TraininQ Accomplishments Consideration was given to a report from the City Manager extending congratulations to City employees Randall Nelson, Peter Kierstead, Mark Kincade, Wayne Welton and Christopher Gaudet on attaining their ISA Arborist Certification, and Susan Greer, Mark O'Hearn, Joan Thorne, Kimberly Graham and Richard Smith on attaining their Certificate in Local Government Administration. The Mayor and Mr. Morrison presented certificates from the International Society of Arboriculture to Messrs. Nelson, Kierstead, Kincade, Welton and Gaudet; and the Mayor and Mr. Morgan presented Certificates in Local Government Administration from Henson College, Dalhousie University to Mmes. Greer, Thorne and Graham and to Messrs. O'Hearn and Smith, and also presented to Kimberly Graham the Henson Memorial Award in recognition of her accomplishment in earning the highest academic standing in the Maritime Provinces in the CLGA program. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 2494 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land 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; and (b) the proposed re-zoning of the same parcel of land from "RS-1" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to continue to use the property for a used car sales lot and an autobody and repair shop, as requested by Truman Hayward, and a 3{e) letter objecting to the re-zoning application for the subject property has been received from Tiina and Helvi Runkla, as well as 3{d) a letter from Mosher Chedore, solicitors for Truman Hayward, requesting that the application be withdrawn. Letters of opposition (copies of which were distributed to Council members on this date) were also received from Veronica Frigault, Mary Ellen Gallery, Jack and Donalda Quinlan, and Arthur and Edna Zelward. 3{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a petition and one letter considered at the Committee's June 3 meeting at which the applicant appeared in support of the application, four residents spoke against the proposal, and one person spoke in favour of the application; and recommending that the application be denied. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Council accept the withdrawal of the application of Truman Hayward for a Municipal Plan amendment and re-zoning of property at 2494 Loch Lomond Road, as requested by Mosher Chedore, solicitors for Mr. Hayward, and no public hearing be held. Question being taken, the motion was carried. 86-436 COMMON COUNCIL JUNE 9, 1997 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ 133 RaQQed Point Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 15, 1996 re-zoning of approximately 2.5 hectares (6.2 acres) of land situated at 133 Ragged Point Road (NBGIC Number 55024376), situated adjacent to the Centre Scolaire Communautaire Samuel-de-Champlain, to permit a revised proposal for the development of a church in accordance with a revised plan, including the deletion of requirements for sidewalks, municipal sewer, water and storm drainage other than that shown on the revised plan, as requested by the Diocese of Saint John, and 4{c) a letter of objection was received in this regard from J.D. Stephenson, as well as 4{d) a letter from Mrs. Jean Muir regarding the traffic pattern in the subject area. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and four letters in opposition to the proposal considered at the Committee's June 3 meeting at which Mr. Rheal Blanchard, President of the church's building committee, spoke in favour of the application and advised that the church would be willing to undertake extensions of the curb and storm sewer on Ragged Point Road but, due to budget constraints and the problems identified with respect to the sanitary sewer, the church requested that extensions to the sidewalk, water line and sanitary sewer not be required, and Dr. Jim Stephenson, Mr. Stephen DeForest, Mr. Robert James and Mrs. Barb Munroe addressed the Committee in opposition to the proposal; and recommending that (1) the requested amendment to the Section 39 conditions be denied; and (2) Common Council authorize further negotiation with the applicant for extending water and sanitary sewer to service the proposed church on the basis that up to $77,000 be the responsibility of the proponent. Brenda DeForest of 159 Ragged Point Road, the next lot beyond the site of the proposed church, appeared in opposition to the proposed amendment on the basis of her concern about possible eventual contamination of existing wells in the area, particularly as the proposed site is on a higher elevation than her home and an underground run-off into her lot could contaminate her well. Mrs. DeForest expressed the view that the area is becoming too congested for any more development with on- site services, and that there would be no guarantees that the proposed septic system, which could possibly be flushed up to 700 times in one day based on the church having special occasions and services at Christmas and Easter at which all 350 members of the church could attend, would work properly. Mrs. DeForest made the observation that, while she has no objection to the church itself, the developers of the church would have the opportunity to hook into City services because of the close proximity to them, and she has no alternative to water. Barbara Munroe of 469 Ragged Point Road, speaking in opposition to the proposed amendment, noted the concern of residents at the far end of Ragged Point Road about their water and septic systems because of the make-up of the soil; and expressed the view that, if it were true that many more wells drilled could cause all of the wells to go bad, allowing the church to drill a well would be lubricous as the land in this area, which is mostly clay and rock, is not good for septic systems and it would be just a matter of time before pollution problems became evident if the proposed church were allowed as, being a public building, it would generate a lot of waste and use a large quantity of water. Robert James of 4 River Cove Lane spoke in opposition to the amendment in that, while he had no problem with the proposed church and would welcome it into the community, it should not be on self-sufficient means because of the clay and rock in the area. Rheal Blanchard, President of the church's building committee, appeared in support of the proposed amendment; and explained that the request for approval of the Section 39 amendment was solely on the basis of finances as the first budget of $77,260 increased to $191,918,000 when Hughes Surveys indicated that there was a problem beyond where the hook-up was anticipated, a gravity system for 86-437 COMMON COUNCIL JUNE 9, 1997 sewerage could not be used and a pumping station at the proposed church would be required at a cost of $45,000 to $50,000, and the committee could not afford to put over a third of its budget into just a sewerage system. Mr. Blanchard advised that there would be no problem hooking into City services if, in the future partnering with the Province and others, the utilities were extended to others in the area; apprised Council of the type and frequency of usage for the proposed church; and asked Council to approve the amendment so that the church could be built. Mr. Blanchard responded to questions with respect to the proposed development and the extent of its anticipated usage, and acknowledged the need to apply to the Provincial Department of Health and Community Services (Public Health Services Branch) for approval of an on-site sewage disposal system. Michael Richard, architect for the church on this project, spoke in support of the proposed amendment on concerns relevant to a well and septic field on the subject 6.2-acre site; and responded to questions in this regard. Councillor Waldschutz proposed a motion, which was not seconded, to adopt the Planning staff's recommendation to the Planning Advisory Committee, amended to state that Common Council amend the Section 39 conditions imposed on the July 15, 1996 re-zoning of approximately 2.5 hectares (6.2 acres) of land situated at 133 Ragged Point Road adjacent to the Centre Scolaire Communautaire Samuel-de- Champlain, also identified as NBGIC Number 55024376, by deleting the requirement for extension of municipal sanitary sewer in condition (b), so that condition (b) now reads as follows: "storm drainage and concrete curbing be extended to the subject property to the satisfaction of the Chief City Engineer. "; and clarified the intent for the applicant to put in its own water and sewer and not a sidewalk. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, (1) the requested amendment to the Section 39 conditions of re-zoning of 133 Ragged Point Road be denied; and (2) Common Council authorize further negotiation with the applicant for extending water and sanitary sewer to service the proposed church on the basis that up to $77,000 be the responsibility of the proponent. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". 5. Municipal Plan Amendment 121 Golden Grove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 121 Golden Grove Road (NBGIC Number 55088926 and part of NBGIC Number 301077), containing an area of approximately 16.5 acres with a frontage of approximately 300 feet on the north side of Golden Grove Road, from Low Density Residential to Light Industrial classification, to permit re-zoning of the parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, and subsequent development of a storage building, as requested by Douglas Queen. 6. Municipal Plan Amendment 1739-1745 Grandview Avenue Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 1739- 1745 Grandview Avenue (NBGIC Numbers 335117 and 421651), containing an area of approximately 4100 square metres (1 acre), with a frontage of approximately 60 metres (200 feet), from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, so that an existing garage on the site may be used for a motor vehicle inspection and repair garage, as requested by 86-438 COMMON COUNCIL JUNE 9, 1997 Andrew C. Hunter. 7. Municipal Plan Amendment 89 Westmorland Road And 11-15 Clay Works Lane Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), containing an area of approximately 4950 square metres (1.2 acres), with a frontage of approximately 30 meters (100 feet) on Westmorland Road, from Light Industrial to Low Density Residential classification, to permit re-zoning of the property from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, so that the existing dwellings may be renovated for continued use for residential purposes, as requested by Dan Roberts. 8. River Road Concerned Citizens Committee Acceptance Of Leachate Crane Mountain Landfill Mr. David Bowen, Chairman of the River Road Concerned Citizens Committee, addressed Council further to Common Council resolution of June 2, 1997 agreeing to accept leachate from the Crane Mountain landfill and, reading from a previously-submitted brief, questioned whether members of Council were aware of the contents of the Water and Sewerage By-Law, particularly sections 19 and 21. Mr. Bowen put forth the Committee's demand that Council immediately rescind the decision to accept leachate from the proposed Crane Mountain project and that the Fundy Region Solid Waste Commission and the Minister of the Environment be so advised; and advised that, because time was of the essence, he provided the City Solicitor with a copy of his brief so that he would be able to advise Council at this meeting on this issue. The Mayor asked if the City Solicitor was prepared to comment in the above regard at this time, or if Council wished to refer the matter to the City Solicitor. Councillor Vincent asked if the decision made by Council at its June 2 meeting was in violation of the existing By-Law in question, to which Mr. Nugent replied that, with regard to the reference in the above brief to section 21 of the Water and Sewerage By-Law which identifies certain materials which may not be discharged into the City's sewerage system, Common Council resolution of June 2, 1997 would see discussions occur between the City and the Fundy Region Solid Waste Commission to establish the disposal criteria to be applied to any leachate that might be discharged into the Lancaster sewerage treatment plant and, based on his understanding, such negotiations would see to it that the agreement provided that what was being discharged would comply with the terms of section 19 or, alternatively, if that were not possible, then the issue of amending the By-Law would have to arise. Councillor Vincent asked how it could be determined that the leachate would meet those conditions when it has not yet been produced to which Mr. Robichaud advised that leachate would be tested prior to accepting it, therefore, it could be confirmed that it does meet the conditions outlined in section 21 of the By-Law. Concerning the reference to section 19 of the By-Law which restricts the discharge of certain types of water into the City's sanitary sewer, Mr. Nugent made the observation that, based on his understanding, the proposal would have leachate deposited directly into the western wastewater treatment plant as opposed to being discharged into a sewer and the By-Law distinguishes between a sewer on the one hand and a wastewater treatment plant cell on the other and, if the proposed method of discharge would be directly into the wastewater treatment plant as opposed to into a sewer that in turn leads into the plant, then section 19 would have no application; and added that he did not know what precisely was intended with respect to the arrangement in this case. Mr. Robichaud advised that the fully-treated leachate would be pumped into a truck and trucked from the Crane Mountain site and discharged at the Lancaster wastewater treatment plant for treatment, if required, and the leachate would contain contaminants or contaminated components that would be acceptable to the City of Saint John as outlined in the By-Law; and, in response to a question on action the City would have to take if it were found through further examination that the By-Law had been contravened, Mr. Nugent advised that the option would be available to Council to revise the wording of the By-Law to make it more explicitly the case that leachate is not a 86-439 COMMON COUNCIL JUNE 9, 1997 prohibited material under section 19, and noted that the agreement to be executed between the City and the Fundy Region Solid Waste Commission with respect to this issue, once the discussions have taken place between City representatives and the Commission and the details have been dealt with, would be returned to Council for authorization of its execution; and expressed the view that, as Council would not want to be in the position of executing a document contrary to provisions of the City's by- laws and if out of an abundance of caution or sense of comfort, Council might wish to amend the By-Law to explicitly address leachate from a sanitary landfill. Councillor Vincent proposed a motion, which was not seconded, that Council withdraw its motion of support in accepting leachate as entertained at the last meeting. The Mayor called for a motion to receive and file the above presentation. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the presentation on behalf of the River Road Concerned Citizens Committee regarding Council's decision to accept leachate from the Crane Mountain landfill -- be received and filed. Question being taken, the motion was carried with Councillor Vincent voting "nay". 10. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Oram were present with respect to the Saint John Police Force Implementation Team's report updating Council on its activities during the past two weeks. 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 two weeks -- be received and filed. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 27. Moving Forward Together The Change Process - The Implementation Team On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Chief of Police submitting as Appendix "A" a report - "The Change Process - The Implementation Team", which outlines the plans of the Saint John Police Force Implementation Team for change within the Saint John Police Force; and as Appendix "B" an up-to-date copy of all the recommendations in the Perivale + Taylor Report; and highlighting the progress to date -- be received and filed and a copy of the Appendices be referred to the Solicitor General. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 28. Differential Police Response On motion of Councillor Knibb Seconded by Councillor Arthurs 86-440 COMMON COUNCIL JUNE 9, 1997 RESOLVED that the report from the Chief of Police further to the April 28 presentation to Council on Differential Police Response (DPR) at which time Council was advised that June 15 was a target date for implementation of the Differential Response Program; and submitting a copy of the agenda to be followed during meetings with the Uniform Patrol personnel -- be received and filed. Question being taken, the motion was carried. 12. Discussion Paper On ReQional Commissions On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager referring to the April 22 announcement by the Minister of Municipalities, Culture and Housing of a municipal restructuring for the Greater Saint John area involving the streamlining of the eight suburban communities by the creation of three new towns, the creation of three regional commissions with participation by the City of Saint John and the three towns - a Major Facilities Commission, an Economic Development Commission and a District Planning Commission; submitting a discussion paper on the strengths, weaknesses and issues which need to be addressed with the agency, board and commissions in general; and suggesting that specific time should be scheduled at the end of June for a full discussion in this regard at which time more specific material would be prepared -- be received and filed. Question being taken, the motion was carried. 13. Sale Of Freehold Property 202 St. James Street West On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the sale of the land at 202 St. James Street West to John A. DeLay for the sum of $3,000 plus applicable taxes, subject to the following conditions:- (a) the purchaser be responsible for legal and survey costs to transfer title; (b) the purchaser to pay all, if any, property taxes and other accounts which may be levied against the property; (c) the purchaser accepts title to the property as is without any warranty from the City as to its condition; and (d) title to the property be transferred on or before September 30, 1997. Question being taken, the motion was carried. 14. Maintenance, Street Name Changes And NaminQ Of Un-Named Roadways Consideration was given to a report from the City Manager referring to the 9-1-1 Civic Address Program completed by the City in 1996 which confirmed, assigned and verified that each property has a unique civic address, and prepared an Official Street Name List of all public or private streets identified within the municipal boundaries of the City of Saint John; and submitting a recommendation dealing with new street names and street name changes to: (a) change the spelling of Latimer to Latimore in response to a request by Latimer Lake Road; (b) rename to Edinburgh Avenue the portion of Lynn Avenue, between MacNaughton Drive and Bon Accord Drive; (c) rename to Old Anthony's Cove Road the portion of Anthony's Cove Road lying to the north of the Road; (d) name the private access to a number of business and residential units off Sandy Point Road Peacock's Lane; (e) name an existing private road off Maple Hill Road, which splits into different directions, Lamont Lane; and (f) name a private lane off MacLarens Beach Road Morton Lane. 86-441 COMMON COUNCIL JUNE 9, 1997 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council adopt the following as Official Street Names: (a) Latimore Lake Road; (b) Lynn Avenue, between MacNaughton Drive and Bon Accord Drive, to be renamed Edinburgh Avenue; (c) Old Anthony's Cove Road; (d) Peacock's Lane; (e) Lamont Lane; and (f) Morton Lane, as shown on the submitted plans. Question being taken, the motion was carried. 15. Temporary Approval Of Mobile Home At 600 Latimer Lake Road Read a report from the City Manager making a recommendation further to the submitted request from Dianne Arsenault that the mobile home, for which Council granted temporary approval to remain at 600 Latimer Lake Road for a period of one year in 1994 and 1996, to remain in its present location for an additional year. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the mobile home located at 600 Latimore (formerly Latimer) Lake Road be permitted to remain its present location for an additional period of one year. Question being taken, the motion was carried. 16. HIP Applications #40 & #41 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications:- (1) HIP #40 - Bonney Construction Ltd. for an estimated grant of $73,480 with regard to a development on Boyaner Crescent; and (2) HIP #41 - N.J.P. Developments Inc. for an estimated grant of $44,800 with regard to a development at Douglas Avenue and Clarendon Street. Question being taken, the motion was carried. 17. 440 Bay Street ServicinQ Issues Consideration was given to a report from the City Manager regarding the Province's major project on the site commonly referred to as Ridgewood at 400 Bay Street, for which Council approved re-zoning and Subdivision By-Law variances and requirements on April 1; commenting on discussions with the Province on the issue of servicing the site and staff's opinion that the $130,000 request from the Province for the City's share of the project is a very reasonable offer; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council accept the Province's offer to cost share the construction of a sewage pumping station and system to service the Ridgewood site at 440 Bay Street, on the basis that the City's contribution to the project is $130,000, and that the funds be allocated to the 1998 Capital Program for the Water and Sewerage Utility. 86-442 COMMON COUNCIL JUNE 9, 1997 Question being taken, the motion was carried. 18. Change To Public Hearing Dates Re Proposed Municipal Plan Amendment And Re-ZoninQ 2291 & 2690 Loch Lomond Road Read a report from the City Manager advising of the necessity to change the June 23 public hearing dates set by Council on May 20 for the proposed Municipal Plan amendments and re-zoning of 2291 and 2690 Loch Lomond Road because staff, in preparing the necessary notices for the newspaper, indicated that the two properties were requesting a Plan amendment to Light Industrial and re-zoning to "1-1" Light Industrial whereas District Central Commercial and "B-2" General Business were requested by the two applicants; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, (1) Common Council change the public hearing from June 23, 1997 to July 21, 1997 for the two properties located at 2291 Loch Lomond Road and 2690 Loch Lomond Road; and (2) the City incur the cost for re-advertising the necessary advertisements for the two properties mentioned in (1) above. Question being taken, the motion was carried. (Councillor Arthurs withdrew from the meeting as she was not present for the May 12 public hearing of the proposed re-zoning of 361-363 Lancaster Street.) 19. Re Proposed Re-Zoning Of 361-363 Lancaster Street Read a report from the City Manager advising that, with regard to the proposed Zoning By-Law amendment to re-zone 361-363 Lancaster Street, to which Council gave first and second readings on May 26 subject to an agreement pursuant to Section 39 of the Community Planning Act, Mr. David English, the current owner of the property, has completed the majority of repairs to the building as required by the Building Inspector and the prospective purchaser of this site has indicated that he will be responsible for the completion of the required renovations once ownership is transferred; expressing the view that, in light of work already done and concerns with this type of agreement, there is no need for an agreement requiring a letter of credit be posted to ensure the remaining building code violations are completed; and recommending that Common Council re-zone 361-363 Lancaster Street without a Section 39 agreement. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the City Manager be received and filed and Council proceed to item 33 and third reading of the proposed Zoning By-Law amendment removing the Section 39 requirement as recommended by the City Manager. Question being taken, the motion was carried. 33. Zoning By-Law Amendment To Re-Zone 361-363 Lancaster Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number C.P. 100-435 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 361-363 Lancaster Street (NBGIC Number 367904), containing an area of approximately 465 square 86-443 COMMON COUNCIL JUNE 9, 1997 metres (5,005 square feet), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-435 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.) 20. Tender For Contract 97-2 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Contract 97-2: Curb and Sidewalk Construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,360,257.10, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Ball, in noting that the above contract involves 5 dead-end streets, asked the reason for the delay in improvements to Churchill Boulevard as referenced under item 45 on the agenda of this meeting, to which Mr. Robichaud replied that Churchill Boulevard would be completely reconstructed during the anticipated work to be done under part of the City's infrastructure funding involving a multi-million dollar sewer and services and a $2 million pumping station to be constructed in the Churchill Boulevard area. Question being taken, the motion was carried. 45. Rifle Range Residents' Association Churchill Boulevard - Street Improvements On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Rifle Range Residents' Association referring to its previous correspondence relating to safety and traffic conditions in the Visart Street and Churchill Boulevard in that, while Mr. Robichaud indicated that work had been scheduled for 1994 in order to be coordinated with the CMHC work, this work was not carried out; and advising of the need for a crosswalk on Churchill Boulevard at Roberts Court -- be referred to the City Manager for response. Question being taken, the motion was carried. 21. Acquisition Of Municipal Services Easement - Princess Court/Todd Street Consideration was given to a report from the City Manager regarding the funding in the 1997 Capital Budget for the installation of a 200-mm (8-inch) diameter watermain connecting the watermain on Princess Court to the watermain on Todd Street to eliminate the dead-end service which presently exists on Princess Court; advising that included in the easement will be an existing 200-mm (8-inch) diameter storm sewer for which, while installed during the construction of the Glen Falls School and maintained by the City, an easement was never acquired and ownership of the sewer line was left unclear; and submitting a recommendation for the acquisition of this easement. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (1) Common Council approve the purchase from the Provincial 86-444 COMMON COUNCIL JUNE 9, 1997 Department of Supply and Services of an easement in the area of Princess Court and Todd Street, to provide municipal services, having an area of approximately 527m2, for a price of $5.38 per square meter plus any applicable taxes subject to the following terms and conditions: (a) the City becomes the owner of the storm sewer now or currently located within the limits of the above-described easement; and (b) the City be responsible for all legal and survey costs associated with the purchase of the easement; and (2) the Mayor and Common Clerk be authorized to execute all documents necessary to complete the acquisition of the above easement. Councillor Waldschutz asked the cost of installing an 8-inch watermain and the reason for doing this, to which Mr. Robichaud replied that he did not have with him the details of this project, whereupon the Mayor suggested that the matter could be tabled. On motion of Councillor Waldschutz Seconded by Councillor Vincent RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 22. Naming Of City-Owned Land On Milford Road Consideration was given to a report from the City Manager further to Council's consideration on April 28 of correspondence from Solicitor General Jane Barry suggesting that a park on the Milford Road across from the Milford Community Centre be named in honour of the late Lou Murphy. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the City-owned land on Milford Road across from the Milford Community Centre be named Lou Murphy Memorial Park, and a formal dedication ceremony be planned for the fall and the appropriate parties be notified. Question being taken, the motion was carried. 23. Municipal Services Easement 585 Rothesay Avenue - Avis Dempster Re CCO Julv 1 & November 4. 1996 Read a report from the City Manager referring to Common Council resolution of July 2, 1996 which was amended on November 4, 1996 with regard to the purchase of municipal services easements at 581 to 603 Rothesay Avenue; and requesting that, as the property at 585 Rothesay Avenue which was to be purchased from Avis Dempster recently changed ownership, Council amend the resolution so as to approve the purchase in the name of the new owner. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council resolution of July 2, 1996, as amended on November 4, 1996, authorizing the purchase of municipal services easements at 581 to 603 Rothesay Avenue, be amended whereby Council approves the purchase of a municipal services easement located at 585 Rothesay Avenue from Lynda G. Dempster, under the same terms and conditions as previously approved by Council. Question being taken, the motion was carried. 25. Grant Of Easement For Encroachment 65 Elliott Row 86-445 COMMON COUNCIL JUNE 9, 1997 Read a report from the City Manager submitting correspondence from the Legal Department with regard to a request from Lynn A. Nason, Q.C. of Gorman, Nason, Ljungstrom, acting on behalf of his clients Adrianus Hogenbirk and Theodora Hogenbirk, owners of the building at 65 Elliott Row, for the City to execute an easement permitting the encroachment of his clients' building upon Elliott Row. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of $1, to execute a grant of easement in favour of the present owners Adrianus Hogenbirk and Theodora Hogenbirk to permit the encroachment of their building at 65 Elliott Row upon Elliott Row, such easement to terminate with the demolition or removal of the encroachment. Question being taken, the motion was carried. 26. Tender For Dec Alpha 800 Server On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Impletech Atlantic Inc., in the amount of $51,023, plus tax, be accepted for the supply, installation and start-up of a new Dec Alpha 800 Server, complete with necessary software to provide additional communication services to the Recreation and Parks Department at its Adelaide Street location. Question being taken, the motion was carried with Councillor Brown voting "nay". 26A. Promotional Television CampaiQn Consideration was given to a report from the City Manager advising that, because of the effectiveness of television advertising together with the significant investment in the production of the 30-second spot used by the City for the first time in 1996 in the undertaking of a regional promotional television campaign, Tourism and Communication's Agency of Record has recommended that a regional television campaign in 1997 would be advisable and, as a result, a budget of $56,000 was allocated to undertake such a campaign; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Common Council approve the expenditure of $51,227 for a six-week regional television campaign to promote Saint John as a visitor destination for Maritimers. Question being taken, the motion was carried. 29. City Market By-Law Amendment Re Hours Of Operation Julv 1. AUQust 14 Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the City Market By-Law, which was given first and second readings on May 26, with respect to hours of operation for July 1, Canada Day, and to extend the opening hours to accommodate passengers from the QEII Cruise Ship on August 14. On motion of Councillor Knibb Seconded by Councillor Waldschutz 86-446 COMMON COUNCIL JUNE 9, 1997 RESOLVED that the by-law entitled, "By-Law Number C-115-11 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to the hours of operation on July 1 and August 14, 1997, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-11 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 30. Establishment - LeQal Department Read a letter from the City Solicitor recommending changes to the City's Establishment as it relates to the Legal Department, which currently consists of six Establishment positions including one Solicitor III, one Legal Secretary and one Legal Stenographer II position, such change designed to facilitate the more effective use of the skill and ability of the Department's members and reduce the annual personnel costs for this Department by approximately $35,000; and advising the intent to fill the Legal Assistant positions on a trial basis for a period of up to one year in order to allow an assessment of this initiative and to permit making any adjustments considered advisable. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Solicitor, Common Council amend the Establishment of the City of Saint John to delete one Solicitor III position, one Legal Secretary position and one Legal Stenographer II position and to create two Legal Assistant positions, and further that the salary for the Legal Assistant positions be equivalent to that of a Group 5 classification in the Salary Classification Schedule for Local 486. Question being taken, the motion was carried. 31. Municipal Plan Amendment And Re-ZoninQ 114 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 Coughlan Realty (1992) Limited, regarding property at 114 Loch Lomond Road, have been completed and the date for objections expired on May 28 and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Coughlan Realty (1992) Limited for a Municipal Plan amendment and re-zoning of 114 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, July 21,1997. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting as he was not present for the May 26 public hearings with regard to a proposed amendment to the Saint John East Development Scheme, the proposed re-zoning of 1155 Sand Cove Road and the proposed Street Closing By-Law amendment with regard to Highways #820 and #111.) 32. A motion was proposed by Councillor Knibb and seconded by Councillor 86-447 COMMON COUNCIL JUNE 9, 1997 Arthurs to give third reading to the proposed amendment to the Development Scheme By-Law; and, in response to Councillor Knibb's question as to the propriety of proceeding with third reading as recommended in item 37, Mr. Baird noted that the Planning Advisory Committee's recommendation deals with the sixth and final recommendation that was previously advertised and on which the public hearing was held and which staff inadvertently omitted in its recommendation to the Committee; and expressed the view that Council, if it so wished, could proceed with third reading of all six amendments. The Mayor suggested that Council should consider item 37 prior to item 32. 37. Planning Advisory Committee Saint John East Development Scheme Amendment Re Property 31-55.267-273 Boyaner Crescent Consideration was given to a report from the Planning Advisory Committee advising that, with regard to the proposed amendment to the Saint John East Development Scheme to which Council gave first and second readings on May 26, the development proposal requires six specific amendments to the Development Scheme and, unfortunately, due to an error by staff, only five amendments were indicated in the Committee's recommendation; and recommending that Common Council amend the Saint John East Development Scheme, Phase 1, Stage 1, with respect to properties located at 31-55 Boyaner Crescent (Lots 22-29)(NBGIC Numbers 455865,455873,455881,455899,455907,455915,455923 and 455931), and with respect to the properties located at 266-273 Boyaner Crescent (Lots 62-62)(NBGIC Numbers 456244, 456251 and 456269), by amending Figure 1 (Site Plan Boyaner & Walk-Up Apartments) by deleting the illustrated proposed development on Lots 22-29 and Lots 60-62 and replacing it with a new proposed development. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above recommendation of the Planning Advisory Committee be adopted. Question being taken, the motion was carried. 32. Development Scheme By-Law Amendment 31-55.267-273 Boyaner Crescent On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled "Development Scheme By-Law", with regard to amending the Saint John East Development Scheme, Phase 1, Stage 1, with respect to the properties located at 31 to 55 Boyaner Crescent (Lots 22-29) (NBGIC Numbers 455865,455873,455881,455899, 455907,455915,455923 and 455931), and with respect to the properties located at 267 to 273 Boyaner Crescent (Lots 60-62)(NBGIC Numbers 456244,456251 and 456269), by: (i) amending Section 3.3.3.4.3 by deleting the minimum side yard of 6 feet for a one and one-half or two storey semi-detached dwelling, and replacing it with a minimum side yard of 5 feet; (ii) amending Section 3.3.5.2.1 by deleting the words "for PD districts"; (iii) amending Schedule A (Land Use Table) for Lots 22-29 by: (a) deleting the minimum lot frontage of 25 feet and replacing it with a minimum lot frontage of 50 feet; and (b) deleting the words "Single Family Zero Lot Line" and inserting "Semi-Detached" under the land use classification; (iv) amending Schedule A (Land Use Table) for Lots 60-66 by deleting the present wording and replacing it with the following: "Minimum Lot Parcel FrontaQe Dwelling Units Land Use Classification 60-62 75' 3 Town Housing 63-66 25' 4 Single Family Zero Lot Line"; (v) amending Schedule B (Site Control Data) by deleting all references to Lots 22-29 and 60-62; and (vi) amending Figure 1 (Site Plan Boyaner Crescent & Walk-Up 86-448 COMMON COUNCIL JUNE 9, 1997 Apartments) by deleting the illustrated proposed development on Lots 22-29 and Lots 60-62, and replacing it with a new proposed development -- be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "Development Scheme By-Law", was read in its entirety. Question being taken, the motion was carried. 34. Zoning By-Law Amendment To Re-Zone 1155 Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-436 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 4560 square metres (49,085 square feet) of land situated at 1155 Sand Cove Road (NBGIC Number 55053284), from "RF" Rural to "R-1A" One-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-436 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. 35. Street Closing By-Law Amendment Portions Of HiQhways #820 & #111 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing the following portion of Highways #820 and #111: SCHEDULE "A" All that certain lot piece and parcel of land situate lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick and more particularly designated Parcel "A" (Area = 2867m2) a non travelled portion of N.B. Highway No. 820 on a survey plan entitled "Survey Plan Parcel 'A' & Parcel 'B', Portions of N.B. Highway No. 820 & N.B. Highway No. 111, Ben Lomond Corner, City of Saint John, Province of New Brunswick" surveyed by Robert A.G. Fulton, N.B.L.S. #234 and dated November 26, 1996 SCHEDULE "B" All that certain lot piece and parcel of land situate lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick and more particularly designated Parcel "B" (Area = 287m2) a non travelled portion of N.B. Highway No. 111 on a survey plan entitled "Survey Plan Parcel 'A' & Parcel 'B', Portions of N.B. Highway No. 820 & N.B. Highway No. 111, Ben Lomond Corner, City of Saint John, Province of New Brunswick" surveyed by Robert A.G. Fulton, N.B.L.S. #234 and dated November 26, 1996 -- be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. 86-449 COMMON COUNCIL JUNE 9, 1997 Question being taken, the motion was carried. (Councillor Ball re-entered the meeting.) 36. 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 June 2, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- That as recommended by the Nominating Committee, Brian Mosher be re-appointed to the Aquatic Centre Commission for a term of three years effective July 1,1997. 2. That as recommended by the Nominating Committee, the following persons be appointed to the Environment Committee for a term of three years effective June 1, 1997: Clifford Wadman, Helen 1. Russell, Maureen Fuller, Michael Sauerteig, Dorothea Backa and Susanne Bayne. 3. That Professor Michael Bradley be appointed to the Fort LaTour Development Authority for a term to expire December 1999. 4. That as recommended by the Nominating Committee, David Huestis be re-appointed to the Board of Trustees of the ReQion 2 Hospital Corporation for a term of three years. 5. That Councillor Knibb be reappointed to the Board of Directors of Imperial Theatre Inc. for a term of three years. 6. That as recommended by the Nominating Committee, Stephen Clarke and J. Charles Swanton be appointed to the Board of Directors of Market Square Corporation for a term to expire September 1999. 7. That as recommended by the Nominating Committee, Brian D. Moore be appointed to the PlanninQ Advisory Committee for a term to expire December 31, 1999. June 9, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 36.1. Aquatic Centre Commission Appointment On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 36.2. Environment Committee Appointments On motion of Councillor Knibb 86-450 COMMON COUNCIL JUNE 9, 1997 Seconded by Deputy Mayor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 36.3. Fort LaTour Development Authority Appointment On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 36.4. Region Two Hospital Corporation Appointment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 36.5. Imperial Theatre Inc. Appointment On motion of Councillor Arthurs Seconded by Councillor Waldschutz RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 36.6. The Market Square Corporation Appointments On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 36.7. Planning Advisory Committee Appointment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 38. Planning Advisory Committee Subdivision 979 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Vincent 86-451 COMMON COUNCIL JUNE 9, 1997 RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced subdivision plan and to any required municipal services and public utility easements with regard to the subdivision at 979 Manawagonish Road; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work; and (3) authorize cost-sharing for the extension of municipal services outside the limits of the proposed subdivision. Question being taken, the motion was carried. 39. Planning Advisory Committee Re Removal Of Pedestrian Walkway 1100 Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its assent of September 28, 1992 for Meadow Wood Gardens Subdivision by eliminating the illustrated pedestrian walkway over the subject property at 1100 Sand Cove Road (NBGIC Number 429738). Question being taken, the motion was carried. 40. Parking Commission - Appointment Of By-Law Enforcement Officer Read a report from the Saint John Parking requesting the appointment of Randall Elliot Lundrigan as a By-Law Enforcement Officer. On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-Law, namely: Randall Elliot Lundrigan: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 41. Parking Commission - Amendments To Traffic & Parking Meter By-Laws ParkinQ - Prince William Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Saint John Parking Commission advising of the course of action taken further to Council's consideration on January 27 and March 3 of a request from David and Jennie Craig regarding the use of residential parking stickers in front of their properties at 270- 280 Prince William Street, and that the Commission members and the Craigs felt that a one-year trial period was an adequate time period to assess the change and, to date, the Commission received a response from seven residents/owners who favour the change and no negative replies; and recommending that the submitted amendments to the Parking Meter By-Law and the Traffic By-Law be given first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: 86-452 COMMON COUNCIL JUNE 9, 1997 AND FURTHER that the by-laws to amend the Parking Meter By-Law and the Traffic By-Law with regard to parking on Prince William Street be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to amend the Parking Meter By-Law and the Traffic By-Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-laws to amend the Parking Meter By-Law and the Traffic By-Law with regard to parking on Prince William Street be read a second time. Question being taken, the motion was carried. Read a second time the by-laws to amend the Parking Meter By-Law and the Traffic By-Law. 42. Saint John Parking Commission Parking Meter By-Law Amendment Sydney Street - Princess Street To KinQ's Square South On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Saint John Parking Commission recommending that Council give first and second readings to the submitted Parking Meter By-Law amendment to permit the installation of two-hour parking meters on the west side of Sydney Street between Princess Street and King's Square South and refer the proposed amendment to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law to amend the Parking Meter By-Law with regard to Sydney Street be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Parking Meter By-Law with regard to Sydney Street be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-Law. 43. Saint John Lions Club Ltd. Request To Set Up Tolls On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the letter from Saint John Lions Club Ltd. asking permission to set up voluntary tolls on King Street on July 4 or July 11 to raise money for Romero House and Hestia House -- be received and filed and permission be granted. Mr. Totten made the observation that, in response to requests in the past of the above nature, staff has recommended against the setting up of voluntary tolls on 86-453 COMMON COUNCIL JUNE 9, 1997 public streets as it poses a traffic problem; and advised that staff would recommend against this request. Chief Sherwood advised that he would continue not to approve such requests because of the traffic congestion and the possibility of accidents or injury to the public. Question being taken, the motion was lost with the Mayor, the Deputy Mayor and Councillors Arthurs, Ball, Brown, Knibb and Vincent voting "nay". 44. New Brunswick Arts Council Inc. FundinQ For Shakespeare In The Park On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that with regard to the letter from New Brunswick Arts Council Inc. requesting funding for the new Shakespeare in the Park Festival and for the opportunity to appear before Council to further discuss the project, Council give the Arts Council the opportunity to appear in public session to promote the Festival but regrets that the City cannot provide funding, and suggests that funding be taken from the City's grant to Festival By the Sea. Councillors Waldschutz spoke against the above motion on the basis that Council should provide support in the amount of $1,000 for this very positive event for the City which rounds out the artistic community's offering to the City, along with Festival By The Sea. Deputy Mayor Chase, in agreeing that Council should invite the Arts Council to appear, suggested that Council should not deny funding at this time but should first consider its presentation. Councillor Ball spoke in support of providing $1,000 to the above group in view of the changing demographics in the City to a point where, in the future, there could be too many arenas, for example; and Councillor Vincent suggested that Council needed to ensure the continued injection of new life into the City in the summer time in an effort to bring tourists to the City. The Mayor suggested that Council could provide support in terms of verbal support to promote events of this nature, rather than providing money. Question being taken, the motion was lost, a tie vote having been created with the Deputy Mayor and Councillors Ball, Vincent and Waldschutz voting "nay". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that New Brunswick Arts Council Inc. be invited to appear before Council with respect to the new Shakespeare in the Park Festival. Question being taken, the motion was carried. 46. Mike Cavanagh Homes Re-ZoninQ 445 Boars Head Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Mike Cavanagh Homes for the re-zoning of property at 445 Boars Head 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, July 21,1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 47. Premium Investments Inc. Re-ZoninQ 247 Sherbrooke Street On motion of Councillor Knibb 86-454 COMMON COUNCIL JUNE 9, 1997 Seconded by Councillor Vincent RESOLVED that the application of Premium Investments Inc. for the re-zoning of property at 247 Sherbrooke 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, July 21,1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 48. Transfer Station Inc. Amendment To Section 39 Conditions Of Re-ZoninQ 170 Ashburn Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Transfer Station Inc. for an amendment to the Section 39 conditions of re-zoning of 170 Ashburn 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, July 21, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 49. Diamond Taxi Ltd. Re Metered Taxies On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Diamond Taxi Ltd. urging Council to approve the implementation of taxi meters in the City of Saint John -- be referred to the City Manager and the Taxi Inspector. Question being taken, the motion was carried. 50. International Union Of Bricklayers & Allied Craftworkers Local #1. N.B. - Contract 97-1 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the International Union of Bricklayers & Allied Craftworkers Local #1, N.B., referring to Contract 97-1, and voicing concern over the failure of the City to contract its work that would normally go to contractors that employ its members -- be received and filed. Question being taken, the motion was carried. 51. Pam Ellis - FundinQ Request On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Pam Ellis requesting financial assistance with regard to her representation on the New Brunswick Juvenile "A" Basketball Provincial Team -- be received and filed and Council wish Ms. Ellis well and advise her that no support could be provided and her request has been forwarded to the Canada Games Foundation. Question being taken, the motion was carried. 86-455 COMMON COUNCIL JUNE 9, 1997 52. Smoke-Free Environment Task Force Creation Of Smoke-Free StrateQies On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Smoke-Free Environment Task Force to the Mayor advising of its purpose in the creation of smoke-free public places in New Brunswick; and requesting, in order to assist the municipality in the creation of smoke-free strategies, the opportunity to make a presentation to Council, or to representatives interested in this initiative -- be received and filed and Council thank the Task Force for its interest and assure it that the City has a Smoking By-Law in place. Question being taken, the motion was carried with Councillors Ball and Waldschutz voting "nay". 53. J. Miller - Closing Of New Albert School On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the letter from J. Miller expressing concern about the proposed closing of New Albert School in Saint John West; and expressing the view that it is time the Mayor and Council took a stand and objected to facilities being removed from this City -- be referred to The Honourable James E. Lockyer, Minister of Education. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk