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1997-08-18_Minutes 86-546 COMMON COUNCIL AUGUST 18,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of August, A.D. 1997, at 6:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; S. Lodhi, Manager of Real Estate and Facilities Management; D. Sherwood, Chief of Police; D. Parks, Police Constable; J. Wilcox, Police Constable; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend George Davis of the Saint John Alliance Church offered the opening prayer. Mayor McAlary welcomed to the meeting Saint John Police officers Sgt. Patrick Bonner, Public Information Officer; Cst. Janet Holt, District Service Coordinator; Cst. Darrel Scribner, Polygraphist, Cst. Tony Hayes, and the children from Big Brothers- Big Sisters of Saint John involved in a community-based policing initiative "Kids 'n Kops". 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 5, 1997, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary commended those involved in the Communities In Bloom Contest which will be judged this week and for which there were over 1200 entries. 4. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Parks were present at the meeting with respect to the report from the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks. Chief Sherwood, in highlighting the above update report, commented on the "Kids 'n Kops" community-based policing initiative launched earlier this date. On motion of Councillor Knibb Seconded by Councillor Waldschutz 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. 86-547 COMMON COUNCIL AUGUST 18,1997 Cst. Holt introduced Miss Bernice Grant of the Boys and Girls Club who presented to Chief Sherwood a t-shirt in appreciation of his involvement of the swearing-in of the "Kids 'n Kops" members earlier this date, and during discussion the Mayor noted the presence at the meeting of other members of the Saint John Police Force Implementation Team, including Cst. John Wilcox and Anne Marie Mullin, as well as consultant Keith Taylor of Perivale + Taylor. Question being taken, the motion was carried. 5. 1997 Program For Improvements To Provinciallv-DesiQnated HiQhwavs On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mayor McAlary submitting a letter from The Honourable Sheldon Lee, Minister of Transportation, advising that, under the 1997 Program for improvements to Provincially- designated highways, his Department was prepared to assist the City by paving route 100 from Drury Cove Road to the Renforth limits, and the City may proceed with its top priority, the reconstruction of Route 100 (Fairville Boulevard) from O'Brien Street to Emco Lane with funding of up to $250,000 under the Program -- be received and filed. Question being taken, the motion was carried. 6. ParkinQ To West Of City Market On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Waldschutz regarding the issue of parking to the west of the City Market on Germain Street, Council having earlier heard a delegation of merchants from Charlotte Street concerned about a similar issue; and suggesting that Council consider Germain Street on its own as it is a less problematic matter to resolve than the Charlotte Street merchants' issue -- be referred to the City Manager. Question being taken, the motion was carried. 7. InitiatinQ Police Commission Discussion Consideration was given to a letter from Councillor Waldschutz advising that, without entering into debate on so major and time consuming a subject at this meeting, he would like to set in train the discussion at an early date of the creation of a Saint John board of police commissioners for governance of the Saint John Police Force; and suggesting that Council refer this to Committee of the Whole as a matter of urgency. Mayor McAlary reminded Council of discussion at the June 23, 1997 Council meeting in the above regard at which time Council tabled a motion proposed by Deputy Mayor Chase and seconded by Councillor Waldschutz that the Mayor and Council establish a date of January 1, 1998 for the implementation of a new police commission, and advised that it would be necessary to take the June 23, 1997 motion from the table prior to making another motion on this same issue. On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that the motion tabled at the June 23, 1997 Council meeting on the establishment of a date for the implementation of a new police commission be taken from the table. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". 86-548 COMMON COUNCIL AUGUST 18,1997 Councillor Fitzpatrick proposed a motion to refer the above matter to Committee of the Whole. Councillor Waldschutz noted the June 23, 1997 motion on the floor as taken from the table above, whereupon the Mayor re-iterated the said motion and Deputy Mayor Chase indicated that he was prepared to yield and withdraw the June 23, 1997 motion from active debate and allow the Councillor to put forward his own motion, and Councillor Waldschutz acceded as seconder of the June 23 motion. On motion of Councillor Fitzpatrick Seconded by Councillor Waldschutz RESOLVED that the above matter be referred to Committee of the Whole. Question being taken, the motion was carried. 8. Tender For Contract 97-12 On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Contract 97-12: Francis Street - Milford Road water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $381,248.90, 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. 9. Tender For Contract 97-13 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 97-13: Rothesay Avenue - sealing joints 900 mm watermain, be awarded to the low tenderer, Aqua-Rehab Inc., at the tendered price of $187,475, 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. 10. Tender For Contract 97-14 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, (1) Contract 97-14: Church Street reconstruction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $85,582.80, as calculated based upon estimated quantities; (2) a purchase order for an estimated $52,210 be placed with the Power Commission of the City of Saint John for electrical wiring and street lighting; and (3) the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 11. Tender For Contract 97-15 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 97-15: Montreal Avenue water, sanitary sewer and storm sewer renewal, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered 86-549 COMMON COUNCIL AUGUST 18,1997 price of $125,795, 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. Tender For Motorized Equipment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, tenders for the purchase of various pieces of motorized equipment be awarded as follows: (A) 97-389505T, 1 - 4 x 4 cab and chassis, to Downey Ford Sales Ltd., in the amount of $42,304, plus tax; (B) 97-389506T, 1 - 4 x 4 extended cab pickup, to Downey Ford Sales Ltd., in the amount of $34,279, plus tax; (C) 97- 389507T, 1 - 3/4 ton window van, to Lorne Brett Chev, Olds, Geo Ltd., in the amount of $25,427, plus tax; (D) 97-389508T, 1 wheel mounted excavator, to A.L.P.A. Equipment Ltd., in the amount of $149,900, plus tax; and (E) 97-389509T, 1 - 3/4 ton cargo van, to Lorne Brett Chev, Olds, Geo Ltd., in the amount of $27,561, plus tax, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 13. Purchase Of Municipal Services Easement - Simpson Drive On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the purchase of an approximately 140 square metre municipal services easement on Simpson Drive from TDT Holdings Ltd., for $10 per square metre plus a payment of $3,500 as compensation for disturbance during construction and future loss of property value. Question being taken, the motion was carried. 14. HIP Applications #42. #39. #21 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: (1) HIP #42 - Premium Investments Inc. for an estimated grant of $21,600 with regard to a development at 243 Sherbrooke Street; (2) a revision to HIP #39 to provide for an estimated grant of $32,000 to Liberty Homes Inc. with regard to a development at Lucas Street; and (3) a revision to HIP #21 to provide an estimated grant of $20,000 to Saint John Drywall Homebuilders Ltd. with regard to a development on Wallace Court. Question being taken, the motion was carried. 15. Sale Of Site "C". Cheslev Drive On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council: (1) authorize the sale of Site "C", Chesley Drive (as generally shown on the submitted plan), to Corporation 1906 Inc., for the purchase price of $101,500 (plus HST and related land transfer fees), with a closing date of on or before December 31, 1997; (2) inform Corporation 1906 Inc. that the proposed sale of Site "C" does not explicitly or implicitly obligate the City of Saint John to approve any re- zoning application that may come forth as a result of Council's authorization to sell the 86-550 COMMON COUNCIL AUGUST 18,1997 subject property; (3) authorize the Mayor and Common Clerk to execute the necessary documents, including but not limited to the Agreement of Purchase and Sale, any subdivision plan for the subject property and the deed; and further that, upon completion of this sale, Council authorize payments (a) in the amount of $8,120 plus HST to Realty World - Today's Realty, as commission for this sale; (b) in the amount of 50% of the proceeds of this sale (less an appropriate share of expenses) to CMHC, as per the November 28, 1968 North End Urban Renewal Agreement; and (c) in the amount of 20% of the proceeds of this sale (less an appropriate share of expenses) to the Province of New Brunswick, as per the November 28, 1968 North End Urban Renewal Agreement. The Mayor noted Council's discussion in the above regard in Committee of the Whole earlier this date; and Councillor Gould expressed concern about the lack of a time limit for development in that, frequently, speculators purchase City land in anticipation of escalating value, to which Mr. MacKinnon responded to the effect that, while over the years the City put restrictions on land, development at that time was moving a lot more quickly, and the City is now attempting to sell a lot of remnants of land to get them into somebody else's hands rather than attempting to buy it back and, in terms of the subject property, it is partnership land and, once sold and the funds are disbursed, the City, if it were to take it back, would be taking it back as sole owner, thus the suggestion is to sell this land without that condition. Question being taken, the motion was carried with Councillor Gould voting "nay". 16. License Agreement - Operation Of Tourist Information Centre On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the entering into of a license agreement with the Province of New Brunswick for the operation of the Tourist Information Centre located on Highway #1 West, subject to the following terms and conditions: (1) the term of the agreement be one year commencing May 1, 1997; (2) the annual fee be $1; (3) the City maintain a minimum $1,000,000 public liability insurance and insure the land and building for a maximum of $50,000; and (4) termination by the Province be on 30 days notice; and further that the Mayor and Common Clerk be authorized to execute the necessary all documents related to this license agreement. Question being taken, the motion was carried. 17. Tender For Compressor On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Cool Solutions, in the amount of $27,180, plus tax, be accepted for the supply of one new Sabroe SMC 1 06L compressor for the Hilton Belyea Arena. Question being taken, the motion was carried. 18. Chief Of Police - 92nd Annual Canadian Association Of Chiefs Of Police Conference On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Chief of Police advising, further to his report to Council on July 21 concerning the 92nd Annual Canadian Association of Chiefs of Police Conference, of timing changes in the 86-551 COMMON COUNCIL AUGUST 18,1997 schedule of activities for August 28, the date for the arrival of Canadian Patrol Frigate HMCS Fredericton in Saint John -- be received and filed. Question being taken, the motion was carried. 19. Chief Of Police - 1997 2nd Quarter Offense Report On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the 2nd Quarter Offense Report for 1997 submitted by the Chief of Police be received and filed. Question being taken, the motion was carried. 34(a) Amendment To Section 39 Conditions Of Re-ZoninQ 787-791 Loch Lomond 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 1988 re-zoning to "B-2" General Business classification of a parcel of land at 787-791 Loch Lomond Road (NBGIC Number 436667), to amend the permitted use of the property to permit it to be used for a retail furniture store and giftware establishment, as requested by W. William Allison of The Rocking Chair, and no written objections were received in this regard. 34{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a letter from the applicant and a letter in support of the above proposal considered at the Committee's August 12 meeting at which the applicant expressed agreement with the staff recommendation and advised that, while it was his intent to pave the parking area as required by the previously-approved site plan, he would like to have two years to complete this work and staff indicated that a two-year period to complete the paving would be acceptable and that this condition would be noted on the change-of-use permit; and recommending that Common Council amend the Section 39 conditions imposed on the 1988 re-zoning to "B-2" General Business classification of a parcel of land located at 815 Loch Lomond Road (formerly known as 787-791 Loch Lomond Road), also being NBGIC Number 436667, to permit the property to be used for general retail uses, including a retail furniture and gift store, in addition to the present permitted use as a retail store specializing in wedding gowns, dresses and apparel for special occasions. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1988 re-zoning to "B-2" General Business classification of a parcel of land located at 815 Loch Lomond Road (formerly known as 787-791 Loch Lomond Road), also being NBGIC Number 436667, to permit the property to be used for general retail uses, including a retail furniture and gift store, in addition to the present permitted use as a retail store specializing in wedding gowns, dresses and apparel for special occasions. Question being taken, the motion was carried. 35(a) Zoning By-Law Amendment To Re-Zone 199 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property located at 199 Westmorland Road (NBGIC Number 315457), containing an area of approximately 520 square metres (5,597 square feet), from "R-2" One- and Two-Family Residential to "B- 86-552 COMMON COUNCIL AUGUST 18,1997 1" Local Business classification, to permit the building to be used for business offices and a residential use, as requested by Harold M. Killam, Money Concepts Saint John, and no written objections were received in this regard. 35{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters expressing objections to the above proposal considered at the Committee's August 12 meeting at which the applicant spoke in favour of his proposal and about his proposal to develop parking within the street right-of-way close to the intersection and to remove the trees from the site and, in order to improve visibility, he would request the property owner on the opposite side of Fern Street to cut back a hedge, and John Quinlan of 195 Westmorland Road attended in opposition to the proposal and indicated a desire for the neighbourhood to remain residential and expressed concerns about traffic and parking; and recommending that Common Council re-zone a property containing an area of approximately 520 square metres (5,597 square feet) located at 199 Westmorland Road, also being NBGIC Number 315457, from "R-2" One- and Two- Family Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions: (a) the use of the property is limited to a business office and dwelling unit; (b) the required parking area must be located at the rear of the site, in the area of the existing garage, with a driveway off Fern Street located as far away from the intersection as possible; and (c) the parking area mentioned in condition (b) above must be developed and maintained in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer. Harold Killam of Money Concepts Saint John, speaking in support of his application, advised that the Planning Advisory Committee supported the re-zoning in a manner that was very satisfactory to him and, although at the time of the Committee's meeting he was feeling contrary to the recommended Section 39 condition that the required parking area must be located as far back on the lot as possible, having surveyed the lot again he felt that, with some accommodation from Council, he would be able to meet that condition. Mr. Killam referred to Engineering's suggestion in the above-mentioned report from Planning staff that the parking should be located entirely on the lot itself; and explained that the accommodation required from Council would be a variance or whatever form was needed to utilize the area in front of the garage for parking, which is sufficient to provide all the parking that would be required and which is currently being utilized for that purpose, and he would do some curbing work and surfacing with crushed rock or whatever could be done to make the area look better; and asked Council to give him permission in whatever form necessary to use that area as the parking area, most of which would be on the City's right-of-way adjacent to Fern Street. During discussion Mr. Killam distributed to Council members copies of a revised map of the subject site and, with regard to the question of parking, advised that clients to his business, which is a personal financial planning organization, would be by appointment only and would not generate as much traffic as, for example, an optometrist or a doctor's office or a real estate office; also advised that he could live with the Planning Advisory Committee's recommendation assuming that the parking was allowed to be as he was asking for it to be, in front of the garage; and responded to questions with respect to his proposal. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property containing an area of approximately 520 square metres (5,597 square feet) located at 199 Westmorland Road (NBGIC Number 315457), from "R-2" One and Two-Family Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 86-553 COMMON COUNCIL AUGUST 18,1997 During his comments on the parking issue, Mr. Baird advised that if, in fact, the proposal were to be developed in this fashion with the parking, it would require not only approval of the re-zoning and Section 39 conditions but, in addition, approval by Council of an arrangement of some sort, the nature of which possibly the Legal Department could advise in terms of utilizing the street right-of-way for the parking lot being proposed; and made the observation that this would be an unusual situation, not something that would typically happen. Councillor Gould, having noted that Planning staff recommended denial of the application to the Planning Advisory Committee, asked if the parking problem had been taken care of to the satisfaction of Planning staff to which Mr. Baird replied that the plan was not a development that was satisfactory in staff's view and staff's recommendation had not changed. The Mayor expressed the understanding that Mr. Killam would like to make another point and, as in view of the public hearing process, asked if Council would allow him to do so. Mr. Killam clarified that, while he had addressed the parking question which he thought was unresolved, he did not realize that perhaps he should have reviewed the whole thing from his point of view; and, having made the observation that a body shop currently operates on the subject property, advised the intent to clean up and legitimize the use of the property as a business; and noted other businesses in the area in question. Mr. Killam expressed the view that his business would add to, not take away from, the area; and, with respect to parking, commented on the expense involved to provide parking at the back of the property if it required tearing down the garage and tearing out the concrete base that it is on and moving things around in that he did not feel that, when this cost would be added to the cost of other renovations to the property, it would allow him to buy the property at a reasonable rate. The Mayor asked if, because Mr. Killam was allowed to make comments further to his presentation during the public hearing, there was anyone present who wished to speak in opposition to what Mr. Killam had said. John Quinlan of 195 Westmorland Road appeared in opposition to the proposed re-zoning as the area in question consists mostly one and two families and seniors, and Westmorland Road is already a heavy traffic area, and expressed concern about parking. During discussion Mr. Baird advised that the issue of parking on the right-of-way as requested by Mr. Killam was distinct and separate from the re-zoning and Section 39 conditions and, if Council wished to have some type of arrangement with respect to developing a parking lot on a street right-of-way, that would be a separate issue and Council might want to refer it to the City Manager for a specific report on that issue. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property containing an area of approximately 520 square metres (5,597 square feet) located at 199 Westmorland Road (NBGIC Number 315457), from "R-2" One and Two-Family Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". 86-554 COMMON COUNCIL AUGUST 18,1997 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 36(a) Zoning By-Law Amendment To Re-Zone 1310 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 2760 square metres (29,709 square feet) of land situated at 1310 Manawagonish Road (NBGIC Number 398826), from "R-1A" One-Family Residential to "TH" Townhouse classification, to permit the construction of six townhouse units with a private courtyard, as requested by Toil Investments Ltd., and no written objections were received in this regard. 36{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and seven letters considered at the Committee's August 12 meeting at which Richard Turner of Hughes Surveys and Consultants expressed agreement with the staff recommendation, and three area residents expressed objection to the proposal and indicated concerns relating to the density and design of the development in relation to the character of the area, snow ploughing and existing on-street parking problems in the neighbourhood; and recommending that Common Council: (1) re-zone approximately 2760 square meters (29,709 square feet) of land situated at 1310 Manawagonish Road, also identified as NBGIC Number 398826, from "R-1A" One-Family Residential to "TH" Townhouse classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would require a detailed site plan, subject to the approval of the Development Officer, illustrating a minimum of six visitor parking spaces; and (2) consider amending the Saint John Traffic By-Law in order to prohibit on-street parking along Horsier Drive and Hillcrest Drive adjacent to the subject property. Richard Turner appeared in support of the proposal on behalf of Hughes Surveys and Consultants Ltd., the firm preparing the site plans and surveys for the applicant; and expressed agreement with the Planning Advisory Committee's recommendation to Council. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2760 square metres (29,709 square feet) of land situated at 1310 Manawagonish Road (NBGIC Number 398826), from "R-1A" One-Family Residential to "TH" Townhouse classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend 86-555 COMMON COUNCIL AUGUST 18,1997 the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2760 square metres (29,709 square feet) of land situated at 1310 Manawagonish Road (NBGIC Number 398826), from "R-1A" One-Family Residential to "TH" Townhouse classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Councillor Brown asked the intent with respect to the Planning Advisory Committee's recommendation (2) for an amendment to the Traffic By-Law to which the Mayor replied that this could be dealt with at the time of the third reading of the proposed re-zoning. 37(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 180 Simms Court The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions attached to the August 9, 1976 re-zoning of 180 Simms Court (formerly known as 180 Simms Street), also identified as NBGIC Number 384206, in order to consider a revised proposal to permit the establishment of an automotive body and repair shop and used car and recreational vehicle dealership, as requested by James W. Ferguson, and no written objections were received in this regard. 37{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a petition containing nine names of neighbourhood property owners who support the application and three letters of support from the business community considered at the Committee's August 12 meeting at which the applicant and present owner of the property spoke in favour of the proposal, and a number of residents attended in opposition to the proposal, four of whom addressed the Committee in concern about the impact of the proposal, particularly the auto body shop operation, on the enjoyment of their residential properties due to fumes, noise and traffic; and recommending that Common Council amend the conditions attached to the August 9, 1976 re-zoning of 180 Simms Court (formerly known as 180 Simms Street), also being identified as NBGIC Number 384206, to permit the site to be used as an automotive cleaning, detailing, repair and body shop, sales of used cars and small recreational vehicles, and office uses, subject to the following additional conditions: (a) the usual hours of operation for all automotive- related uses are from 8 a.m. to 6 p.m., Monday to Friday; (b) all required licences and permits must be obtained with respect to the proper operation of the auto body and vehicle repair uses; (c) a minimum 5-foot high board-on-board fence must be erected along the east side and south rear property lines and all other outstanding site improvements, including paving and landscaping, must be completed in accordance with the approved site plan; and (d) the proponent of the development must provide security, in an amount and form acceptable to the Development Officer, to ensure completion of the above-noted fencing requirement. Leo Lohnes of 155 Sherbrooke Street appeared in opposition to the proposed amendment on the basis of his concern about the pollution factor with the paint and who would monitor the pollution controls if this business were in full operation, 86-556 COMMON COUNCIL AUGUST 18,1997 and also his concern about traffic control; and expressed the understanding that, although the business is currently operating but not on a big scale, there is no permit to do so. In response to Councillor Arthurs, Mr. Lohnes noted the noise that could come from sandblasting and grinders used in the operation. Councillor Fitzpatrick questioned the petition which Mr. Lohnes indicated to the Planning Advisory Committee that he had against the proposal, which was referenced in the above report from the Planning Advisory Committee, whereupon Mr. Lohnes circulated a copy of the petition in question. James Ferguson, the applicant, was present in support of his application; advised that he was in attendance at the Planning Advisory Committee's meeting and addressed all issues; and offered to respond to any questions that may arise concerning his business proposal. With regard to the concerns about pollution from paint and about traffic, Mr. Ferguson advised of the necessity nowadays with paint operations to use CSA- approved paint booths and ventilation systems, as well as of his willingness to go to those lengths with his proposal and expressed the view that his garage, with open business hours Monday to Friday, should not be of any more concern in terms of traffic on what is already a busy street what with the bottle exchange that is currently there and the Park at Saint's Rest. Concerning use of the site as a used car lot, Mr. Ferguson explained that this would be more of a convenience to his customers in that, when he files with the Province for his motor vehicle license, he has an option to file for a recreational vehicle and used car dealership so that, if any of his customers would like to purchase a car or recreational vehicle, they can do so through him for tax purposes, and he could take care of everything right there. Deputy Mayor Chase asked who would inspect the proposed operation so as to ensure correct set-up of the paint booths and filtration system, to which Mr. Ferguson advised that Tom White of the Fire Department would do so, and also that everything would be enclosed on-site in the approximately 4800-square foot building. Councillor Arthurs asked if Mr. Ferguson resided at the subject site, to which Mr. Ferguson replied in the negative, his current place of residence being 766 Beaconsfield Avenue. Councillor Fitzpatrick asked where, if a large number of vehicles were present, they would be placed for viewing on the lot to which Mr. Ferguson replied that they would be mainly on the front of the lot facing the traffic, and approximately 15 vehicles could be placed there; however, his main concern was mostly service and not the aspect of selling. In response to an indication from a person at the meeting of the desire to speak in opposition to the proposal at this time, the Mayor, having called twice more for persons who wished to speak in favour of the proposal, asked if Council wished to hear any further opposition. Robert Finley of 269 Montreal Avenue spoke against the proposal on the basis that the proposed operation would only add to an existing problem in the area in terms of traffic and pollution. James Wilcox of 257 Montreal Avenue appeared in opposition to the proposal, and expressed his view that, while it would be very easy to downgrade a neighbourhood by placing something in one area and something else in another area and ruin the purpose of a residential area, it was hard to upgrade a neighbourhood. The Mayor declared the public hearing over. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the August 9, 1976 re-zoning of 180 Simms Court (formerly known as 180 Simms Street), also being identified as NBGIC Number 384206, to permit the site to be used as an automotive cleaning, detailing, repair and body shop, sales of used cars and 86-557 COMMON COUNCIL AUGUST 18,1997 small recreational vehicles, and office uses, subject to the following additional conditions: (a) the usual hours of operation for all automotive-related uses are from 8 a.m. to 6 p.m., Monday to Friday; (b) all required licences and permits must be obtained with respect to the proper operation of the auto body and vehicle repair uses; (c) a minimum 5-foot high board-on-board fence must be erected along the east side and south rear property lines and all other outstanding site improvements, including paving and landscaping, must be completed in accordance with the approved site plan; and (d) the proponent of the development must provide security, in an amount and form acceptable to the Development Officer, to ensure completion of the above-noted fencing requirement. Deputy Mayor Chase asked if the Section 39 condition that no tractor trailer transport trucks would be permitted to transport items to or from the subject site would continue if the above-proposed amendment were approved, to which Mr. Baird replied that this condition is part of what would be removed from the Section 39 conditions in that, when this condition was placed there, it was because of the nature of the development of a wholesale operation where produce would be received and, if Council wished to maintain that type of limitation, Council should add it to the conditions; and, in concurring with Deputy Mayor Chase's view that transport trailer trucks should not be allowed in the area concerned, made the observation that the nature of the auto repair business does not tend to generate transport truck business. Question being taken, the motion was carried with Councillors Arthurs, Ball, Fitzpatrick and Gould voting "nay". 38. Petition Re Intersection Of Montreal Avenue / Bleurv Street Consideration was given to a letter from James Wilcox of 257 Montreal Avenue referencing an incident on July 24 involving a truck, which he understood to have originated from Brookville Transport Ltd., failing to stop at the Bleury Street intersection and striking a home on Sherbrooke Street and, in the process, narrowly missing two pedestrians; submitting a residents' petition listing reasons that contribute to the problem that Brookville Transport has brought to their neighbourhood and for the relocation of Brookville to an industrial park; and requesting answers to questions as to whether or not Montreal Avenue is a designated truck route. Nina Sabin of 284 Molson Avenue addressed Council in the above regard as a resident directly across from Brookville Warehousing which, she advised, leases space to Labatts for storage; and commented on the basis that the zoning of the subject property at 320 Montreal Avenue was to revert to residential, according to the Comprehensive Community Plan of the 1970s, when Atlantic Wholesalers no longer required its facility there, although Brookville took up residence and this did not happen. Ms. Sabin gave examples of substantial changes in the subject property and building thereon during the next few years about which City Hall staff was not notified, nor were the neighbours notified; and advised that residents of Molson Avenue have put up with truck noise, drinking parties and domestic disputes all hours of the night. Ms. Sabin expressed concern about the danger associated with tractor trailers using a narrow 70 degree hill on a street occupied by 60 per cent seniors and 40 per cent young families with young children; and requested that Brookville Warehousing Ltd. be relocated to an industrial park as soon as possible and the zoning be changed to residential. Richard Lee of 281 Montreal Avenue spoke of his concerns about Brookville Transport and the danger it represents to his family and the community as a whole, based on his personal experience last year when a truck jumped its brakes, went over an embankment of 10 feet onto his property and another situation where a tractor trailer was hanging over the bank by his property. Mr. Lee advised that, as his home is located about 70 feet from the back of Brookville's parking lot, his family experiences problems due to trucks idling all night, people using the parking lot as a bathroom, fumes from the trucks, dust from the sand used in the lot during the winter months which is not removed, snow piles of 15 feet with no catch basins, and commented on the stress and fear in which they live. Peter Heffernan of 268 Montreal Avenue, having indicated his intent to read a letter on behalf of Patricia McLaughlin, advised of Ms. McLaughlin's worry when 86-558 COMMON COUNCIL AUGUST 18,1997 her children walk to school, go out to play or even sit on her front steps as the heavy truck traffic from Brookville Transport is totally out of control, with large trucks going up and down the streets and in the school area, at times of excessive speeds, and her observation of trucks speeding down her street running over a stop sign, being in the middle of the intersection before coming to a complete stop, and her request that Brookville Transport be moved from her area and the land be reverted to residential property. Jeannine Wilcox of 257 Montreal Avenue read a letter on behalf of Paul Bordage of 830 Danells Drive based on his experience on July 24 when he was forced off the road by a Brookville Transport truck which, totally out of control and sliding sideways around a corner and going over a curb and sidewalk narrowly missing a pedestrian, collided with a house to which it caused a lot of damage; and his questions as to whether or not he should keep his children at home in fear of sending them out on to the streets or if the elected officials will take the matter into their own capable hands, and about the possibility of dangerous chemicals being stored at the Brookville warehouse in view of the number of calls answered by the Fire Department to the warehouse. Ann Jeffrey of 870 Sand Cove Road spoke on the amount of pedestrian traffic generated in the area with the location of a school, playground and, at times, the large amount of vehicular traffic as Sand Cove Road is the only route to the Nature Park in that this traffic for the most part, flows quite smoothly, with the exception of the large transport trucks which often take Sand Cove Road to and from the depot on Molson Avenue, coming up Bleury Street and turning left onto Sand Cove Road, often going over the curb and part of the sidewalk forcing people to stand back until the turn is complete and vehicles stopped at the Sand Cove Road stop sign to back up to let the trucks complete the turn. Robert Finley of 269 Montreal Avenue advised that, while for the most part Montreal Avenue and the surrounding area has always been peaceful, quiet and safe, since Brookville Transport has invaded the community it has been nothing but havoc, and those in the community want Brookville Transport moved to an industrial park and the existing property re-zoned from Light Industrial to Residential because of a concern that, if this is not done, someone will be killed. John McBriarty of 20 Ocean View Lane, Chairperson of the Seawood School Parent Advisory Committee addressed Council, representing the School, teachers, principals, parents and students of Seawood School which is located at the intersection of Sand Cove Road, Seawood Lane and Bleury Street, based on concern about the large trucks from Brookville Transport using Sand Cove Road as an access route to their site as they have to turn off Bleury Street onto Sand Cove Road, across a major student traffic route and then travel through a school zone to get to their buildings on Molson Avenue, on occasion jumping over the curb in order to make this turn, which with many children in the area is not a safe option; and expressed the view that, as buses and parents' vehicles line up after school along Sand Cove Road effectively blocking it from large truck traffic, the chances of a child getting hurt is too great to allow large trucks to pass by a school so closely and, as this is a residential area with many school-age children, having large transport trucks travelling through it is not compatible with this type of residential neighbourhood. During discussion the legal position of Brookville Transport with respect to its operation from the subject site was questioned, as was the possibility of the operation relocating to an industrial area, and Mayor McAlary suggested that this matter should be referred to staff for a detailed report as staff was not prepared at this time to respond to all the questions. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the presentation regarding the intersection of Montreal Avenue and Bleury Street and the petition regarding Brookville Transport -- be referred to the City Manager for a detailed report to Council as soon as possible. 86-559 COMMON COUNCIL AUGUST 18,1997 Question being taken, the motion was carried. 39. Interested University Students Re ReversinQ Falls Park Dyana Janes, a university student of the University of New Brunswick - Fredericton, addressed Council on behalf of a group of interested University of New Brunswick students at Saint John and Fredericton, and St. Thomas University, who have been employed under the Federal Student Employment Program for the summer, such students interested in the future development and appearance of the City of Saint John, and the condition of the small park beside the Reversing Falls Restaurant and Tourist Bureau. Ms. Janes expressed concern about the condition of the park that is located on the hillside beside the Restaurant at the Falls between the River and the parking lot as it is difficult and dangerous for the majority of visitors to make it to the bottom of the hill to enjoy the view and the provided picnic facilities; and suggested the following improvements to remove the possible danger that exists there:- (1) the continuation of the stairs to the bottom or the construction of a safe walkway; (2) landscaping of the hillside area to improve its appearance to what it was several years ago; and (3) the installation of more picnic tables, or even benches. Ms. Janes introduced the other University students involved in the Program - Andrea Buote, Patty Leech, Leanne Mcintyre, John Medford and Lisa Vautour; and circulated photographs of the Reversing Falls area during her presentation. The Mayor commended the above delegation for bringing this matter before Council because the Reversing Falls area is one of the City's main tourist stops. On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the presentation on behalf of interested university students with respect to the Reversing Falls Park -- be referred to the City Manager. Councillor Ball, a member of The Market Square Corporation, suggested that the above matter should also be referred to the Corporation, which is soon to be known as the Saint John Development Corporation. Question being taken, the motion was carried. 20. Zoning By-Law Amendment To Re-Zone 103 Burpee Avenue On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "By- Law Number C.P. 100-442 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning four parcels of land identified as NBGIC Numbers 23556, 23564, 55018808 and a former "local common" area, forming a portion of the Rocmaura property located at 103 Burpee Avenue, from "RM-1" Three- Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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. 100-442 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. 21. 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 86-560 COMMON COUNCIL AUGUST 18,1997 The Committee of the Whole reports Your Committee reports that it sat on Tuesday, August 5, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That Council decline the request of Saint John Police Force Cst. Joseph C. Oliver for financial assistance with regard to his and Cst. Hayward's recent participation in the World Police/Fire Games in Calgary, Alberta. 2. That as recommended by the City Manager, Common Council: (1) authorize the sale of 26 Lockhart Street (NBGIC Number 24927), 27 Lockhart Street (NBGIC Number 24950), and 197-199 Cranston Avenue (NBGIC Number 31401), to Phillip Huggard Properties Ltd. for the purchase price of $5,850 plus applicable taxes, land transfer fees and property tax adjustments, and this sale be subject to the following: (a) it shall be the responsibility and expense of the buyer (or subsequent land owners) to extend any municipal services or public streets to the subject properties; (b) the buyer (or the subsequent owners) agrees to develop the site in such a fashion so as not to cause a drainage problem for the adjoining property owners; and (c) this sale does not explicitly or implicitly obligate Common Council to close the undeveloped portion of Lockhart Street in front of 26 and 27 Lockhart Streets; (2) authorize the Mayor and Common Clerk to execute the necessary documents, including the agreements of purchase and sale for the subject properties and the subsequent deeds; and (3) authorize the payment of a commission in the amount of $2,000 plus HST for the sale of 26 Lockhart Street, 27 Lockhart Street and 197-199 Cranston Avenue, made payable to Realty World - Today's Realty, upon the successful completion of this sale(s). 3. That as recommended by the City Manager, Common Council approve the following expenditures from the 1997 Capital Budget with regard to Mispec Park: (1) the provision of $6,000 towards the purchase and installation of playground equipment and that this equipment be professionally installed; and (2) the provision of $5,000 from the 1997 Capital Budget towards the cost of installation of a wastewater disposal system. 4. That as recommended by the City Manager, Common Council authorize payment of $35,342 to The Market Square Corporation stemming from a calculation error related to GST in 1996. 5. That as recommended by the City Manager, Common Council (a) ratify the submitted letters of agreement with C.U.P.E. Local 18 and C.U.P.E. Local 486 with respect to medical/dental plans; (b) authorize that similar arrangements, as applicable, be extended to other participants in the plans; and (c) authorize the Mayor and Common Clerk to execute the letters of agreement on behalf of the City. August 18, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Participation In World Police/Fire Games On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Ball and Fitzpatrick voting "nay". 21.2. Offers To Purchase City Land On motion of Councillor Knibb 86-561 COMMON COUNCIL AUGUST 18,1997 Seconded by Councillor Waldschutz RESOLVED that section 2 of the above report be adopted. (Rescinded October 9,2001 Bk. 88 pg. 704 ) Question being taken, the motion was carried. 21.3. Re Mispec Park On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 21.4. Monies Due The Market Square Corporation On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that section 4 of the above report be adopted. In response to Councillor Gould, Mr. Totten explained that the above payment resulted from the final settlement approved by Council with Meridian Construction with respect to Harbour Station, following which it was realized that there had been an error made in the calculation of the GST component of the payment which resulted in the Corporation not having funds available to meet other obligations requested of it by Council and, as that amount has stayed on the Corporation's books since that time, it was considered appropriate to present it to Council in order to clear up all the records and be done with it. Question being taken, the motion was carried with Councillor Gould voting "nay". 21.5 Letters Of Agreement With C.U.P.E. Locals 18 & 486. MedicallDental Plan On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that section 5 of the above report be adopted. (Rescinded re Local 18 November 24,1997 Bk. 86 Pg. 734 ) Question being taken, the motion was carried. 22. Minister Of Municipalities, Culture And HousinQ - 1995 BuildinQ Code On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from The Honourable Ann Breault, Minister of Municipalities, Culture and Housing, advising that her Department is proceeding with a number of amendments to authorize the adoption of the 1995 National Building Code of Canada as the official minimum Code for New Brunswick and will replace the 1990 National Building Code currently in effect, and expects it to come into effect in New Brunswick on September 1, 1997 -- be received and filed. Question being taken, the motion was carried. 86-562 COMMON COUNCIL AUGUST 18,1997 23. Minister of Transportation - 1998 Construction ProQram For Provincially-DesiQnated HiQhways On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from The Honourable Sheldon Lee, Minister of Transportation, requesting an annual update of the five-year priorities for improvements to Provincially-designated highways within the municipality -- be referred to the City Manager for submission of the five-year program. Councillor Brown asked staff to submit to Council the list of priorities and the documentation to support the recommendation. Question being taken, the motion was carried. 24. Charles LeBlanc - Flag Pole Installation At KinQ's Square On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Charles LeBlanc suggesting that a flag pole should be installed at King's Square -- be referred to the City Manager. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 25. Patricia Maloney & Maureen Maloney Re-ZoninQ Of 54 Fifth Street On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the application of Patricia Maloney and Maureen Maloney for the re-zoning of property at 54 Fifth 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, September 29, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. Saint John Human Rights Association Therapeutic RidinQ At Rockwood Park On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Human Rights Association advising of a therapeutic horse back riding program being conducted in Rockwood Park, with the full cooperation of the Rockwood Park Stables operated by Dave White, Shining Horizon Therapeutic Riding Association, for persons with mental and physical handicaps -- be received and filed. (Councillor Fitzpatrick re-entered the meeting.) Mr. Totten noted that the above program flows from the Saint John Ability Advisory Committee and one City staff member is involved in it. 86-563 COMMON COUNCIL AUGUST 18,1997 Question being taken, the motion was carried. 27. City Of Miramichi Re Quebec Consideration was given to a letter from the City of Miramichi citing a resolution adopted at the regular Council meeting of July 24 demanding that the Government of Canada and the Government of the Province of Quebec clearly and unequivocally state that they support the right of federalist municipalities and regions within Quebec to remain part of Canada today and in the future. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the following resolution be adopted, namely:- "WHEREAS the population of the Province of Quebec voted against separating from Canada, both in 1980 and in 1995; and WHEREAS the current Government of Quebec has repeatedly reiterated its desire to hold yet another referendum on Quebec separation; and WHEREAS there are many loyal Canadians in Quebec who, via resolutions of their local city councils, have declared that it is their wish to remain part of Canada, irrespective of any future referendum result; and WHEREAS those city councils have requested the support of Canadians outside Quebec in their effort to remain Canadian: BE IT RESOLVED that the City of Saint John supports the initiative of those municipalities in Quebec who have declared their intentions to remain part of Canada irrespective of any future Province-wide vote for separation: AND BE IT FURTHER RESOLVED that the City of Saint John demands that the Government of Canada and the Government of the Province of New Brunswick clearly and unequivocally state that they support the right of federalist municipalities and regions within Quebec to remain part of Canada, today and in the future, in accordance with the legal, moral, political, constitutional, and territorial obligations of our nation: AND FURTHER BE IT RESOLVED that copies of this resolution be forwarded to the Prime Minister of Canada, the members of Parliament from New Brunswick, the members of the New Brunswick Legislature, the Premier of New Brunswick, the union of New Brunswick Municipalities, all New Brunswick municipalities, the Federation of Montreal Urban Community, and all municipalities on the Island of Montreal, and all Provincial Municipal Associations.". Question being taken, the motion was carried. 28. River Road Concerned Citizens Committee Permitted Uses In "RF" Rural Zone On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from the River Road Concerned Citizens Committee submitting a copy of correspondence to the Building Inspector indicating that another situation has arisen regarding the use of the "RF" Rural zone for excavation (quarrying) activity, and asking Council to take action on this matter - be referred to the City Manager. Question being taken, the motion was carried. 86-564 COMMON COUNCIL AUGUST 18,1997 29. Johnson Engineered Solutions Limited Municipal Plan Amendment & Re-Zoning Requests - 2291 & 2690 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Johnson Engineered Solutions Limited referring to the applications of Brian and Artith Train and Victor Train for a Municipal Plan amendment and re-zoning of property at 2291 and 2690 Loch Lomond Road, respectively, the public hearings for which were held on July 21; and requesting, on behalf of his clients, Victor, Brian and Artith Train who did not receive notification of the new Planning Advisory Committee hearing date until they opened their mail on the evening of July 15, several hours after the Committee had met, that the applications be resumed with a new public hearing for the Planning Advisory Committee set so that the Trains could participate and explain their position concerning these applications to the members of the Committee -- be received and filed. The initial motion proposed by Councillor Knibb and seconded by Councillor Ball was to refer the above matter to the City Manager, such motion subsequently withdrawn upon Mr. Baird's indication that, in the case of these two very similar applications from Victor Train and Brian Train, letters were sent to them on June 10 which is approximately 30 days before the meeting advising them of the date of the meeting, and the correspondence on file in this regard can be made available. Question being taken, the motion was carried. 30. Myles Legacy - Traffic At Corner Of Dorchester & Carleton Streets On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Myles Legacy requesting that Council direct the appropriate City officials to look into a very significant pedestrian traffic hazard at the corner of Dorchester and Carleton Streets -- be referred to the City Manager and the Chief of Police. Councillor Waldschutz proposed that the above letter should be received and filed, rather than burden staff and the Police Department by referral of it, on the basis of his opinion that a pedestrian crossing the street at 2:00 o'clock a.m. would be responsible for his own safety. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". 31. Pot 0' Gold Consignments Closure Of HardinQ Street West On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Karen Randall of Pot 0' Gold Consignments advising of the drop in her business during the recent shut-down of Harding Street West while workers replaced old lead pipes; and requesting that a policy be put in place so this does not happen to some other unsuspecting merchant, as well as some sort of restitution for the losses she occurred due to the street closure -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 86-565 COMMON COUNCIL AUGUST 18,1997 32. Multicultural Association Of Saint John Re Establishment Of Race Relations Committee On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the letter from Multicultural Association of Saint John, Inc., further to Council's consideration on April 14 of its letter requesting the establishment of a race relations committee; and re-iterating its request for Council to undertake to appoint such a committee -- be referred to the City Manager. The Mayor asked if the above letter should be referred to the Nominating Committee, if there is a need for the requested committee, and Mr. Totten suggested that it would be appropriate for staff to submit a report to Council on the history in terms of the previous committee and its mandate and update Council on the City's involvement in race relations. Question being taken, the motion was carried. 33. Village Of Renforth Re Water Service To New Church On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Village of Renforth advising of the plans of the Corporation of Saint James the Less Anglican Church in Renforth to build a new church on land contiguous to the City of Saint John; and requesting, in order for the Village of Renforth to supply municipal water service to the church, that Council consider an amendment to section 10, subsection 1 of the Village's water agreement with the City of Saint John so that a service can be connected at the end of the line on Rothesay Road -- be referred to the City Manager. Councillor Knibb expressed the view the above request seemed reasonable, and Mr. Totten advised that staff would certainly support the above request, if necessary, in that the building is located on the particular lot such that a portion is within the City and a portion is within Renforth, thus it would be a matter of simply hooking up, depending on where the hook-up is and, if referred to staff, staff would take action to have the appropriate documentation signed. Question being taken, the motion was carried. Mayor McAlary noted the conclusion on this date of the summer schedule of Council meetings, with the next regular meeting of Council to be held at 7:00 o'clock p.m., Tuesday, September 2, preceded by Committee of the Whole at 4:00 o'clock. Adjournment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 86-566 COMMON COUNCIL AUGUST 18,1997 Common Clerk