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1998-06-08_Minutes 87-60 COMMON COUNCIL JUNE 8, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of June, AD. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Property Management; W. Edwards, Building Inspector; G. Tait, Fire Chief; C. Cogswell, Chief of Police; 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 Ronald Curtis of Central United Baptist Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on June 1, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary proclaimed June 14, 1998 as Shoppers Walk For Cure Day in the City of Saint John, a fund-raising event for juvenile diabetes research; and noted the number of recent recruits to the Saint John Police Force, with the swearing-in earlier this date of four new recruits. The Mayor advised of complaints over the past few weeks about litter in the WCTU Memorial Fountain in front of City Hall and that, earlier this date, she planted flowers in the Monument after Local 18 workers had prepared the soil in it; and displayed an invitation to members of Common Council from students of the Centennial School to a marigold-planting on the grassed-median on Main Street North, having been supplied with seeds by the City's Parks Division. 4. Councillor Of The Week Schedule On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the letter from Mayor McAlary setting out a Councillor of the Week schedule through until the end of September 1998 for which the Council member concerned would be contacted by her office with as much notice as possible; and requesting that Council members not available the week scheduled to advise her office -- be received and the Mayor's Schedule be accepted as submitted. Question being taken, the motion was carried. 87 -61 COMMON COUNCIL JUNE 8, 1998 4A. Re Taco Pica's - Request To Serve Drinks & Place Tables Sidewalk At 96 Germain Street Read a letter from Mayor McAlary submitting a request from Taco Pica Worker Co-operative Ltd. for approval to serve drinks at four patio tables with five chairs each at the front of Taco Pica Restaurant at 96 Germain Street for the summer months. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that permission be granted to Taco Pica Worker Co-Operative Ltd. to place four patio tables with five chairs each at the front of the Taco Pica Restaurant on the sidewalk at 96 Germain Street for the summer months. Mr. Nugent advised that, as it was beyond Council's jurisdiction to approve the sale of liquor, Council could essentially agree not to object to Taco Pica seeking that sort of license from the appropriate authorities. It was suggested that, as he was concerned about requests of this nature coming directly to Council rather than through staff with a recommendation to Council, staff should be asked to develop a policy for Council's consideration. Question being taken, the motion was carried. 5. Re PlanninQ Process Read a report from the City Manager proposing that, as Council on a regular basis would be asked to make planning decisions of varying kinds, the following topics be addressed in a short presentation: the Community Planning Act, the Municipal Development Plan, the Zoning By-Law, the Subdivision By-Law, the Planning Advisory Committee and the Development Officer. Mr. Baird, through a computerized presentation, reviewed the role in the planning process of the Community Planning Act and the various planning documents, as well as Council and the Planning Advisory Committee's respective roles in dealing with the various documents that, from time to time, came before Council, and also reviewed some specifics with respect to Section 39. 6. Re Public HearinQ Process Consideration was given to a report from the City Manager further to Common Council resolution of May 4, 1998 regarding the public hearing process in that a concern was expressed with the present process where there was no recommendation from the Planning Advisory Committee; noting that, while there were a number of possible options to respond to this concern, the present practice in Saint John was to schedule the public hearings at the earliest possible date, except when the volume of applications was such that a later date was required, and this process was established to ensure the approval process was as short as possible and has been compared favourably with other jurisdictions; setting out three options for Council's consideration, with only Option #2 being considered a satisfactory alternative in that it would not needlessly delay all applications; and recommending that the present practice of setting public hearing dates continue, except that a new hearing date would be considered on a case-by-case basis if warranted. 13. Re Scheduling Of Public Hearings & PlanninQ Advisory Committee's Views Consideration was also given to a report from the City Solicitor citing Common Council resolution of May 4, 1998 on the matter of holding public hearings in open session of Council prior to Council receiving the recommendation from the Planning Advisory Committee (PAC); reviewing the re-zoning process prescribed by statute and examining Council's jurisdiction to control the relative timing of the public hearing and the receipt of the Planning Advisory Committee's written views upon a 87-62 COMMON COUNCIL JUNE 8, 1998 proposed re-zoning; and, in summary, expressing the opinion that (1) the Community Planning Act did not stipulate the relative timing of the public hearing and Council's receipt of the PAC's written views; and (2) it would be within the jurisdiction of the municipality, as conferred by the Act, to schedule the re-zoning process so that the written views of the PAC were received by Council prior to or at the time of the public hearing. The report refers to the City Manager's report, on the agenda of this meeting, identifying options on the means of achieving PAC's written views being available at or prior to the date of the public hearing, in that in his opinion the options as set out in that report were supportable within the framework of the Community Planning Act, the Zoning By-Law and the applicable common law. Councillor Ball proposed a motion, which was not seconded, to adopt the City Manager's recommendation in the above regard. Councillor Fitzpatrick advised that he would not support the recommendation as he would prefer that, when the Planning Advisory Committee's report was incomplete, Council reschedule the public hearing at which time Council would get the views of all concerned. Mr. Baird, in response to the Mayor's question on option #2, clarified that, similar to what Councillor Fitzpatrick was proposing, the intent would be, when there was no recommendation from the Committee, to schedule a new public hearing prior to having the public hearing, although not a second public hearing. Councillor Trites commented on the basis that he did not accept that the alternative should be that Council would, on a hit-or-miss basis, decide which public hearings to postpone and which not to postpone, thus in cases where an issue came forward for which the PAC recommendation was to proceed with the public hearing and then wait to hear from the Committee, he would support postponing the public hearing, re- advertising it and awaiting the recommendation of the Planning Advisory Committee thereby treating all applications the same. The Mayor asked that the City Solicitor comment on the indication, in his report under item 13, that the purpose of the public hearing was not to hear what interested persons think of the PAC's view and his recommendation that Council should be very cautious in departing from its current practice in this regard. Mr. Nugent explained that the scheme of the Community Planning Act, in mandating a public notice of Council's intention of considering an application at a particular date to consider written objections and in its indication the only people who were entitled as of right to speak at that public hearing were those people who wished to speak for or against written objections, was to provide for a public hearing to accommodate, firstly, Council receiving written objections to the proposed amendment and, secondly, Council hearing and considering from people who wished to speak to those written objections and, if Council did that, it would satisfy the statutory requirements of the Act. Mr. Nugent made the observation that the City of Saint John has, in fact, afforded people interested in a proposed re-zoning a much broader opportunity to comment by hearing people whether or not there were any written objections and to entertain comments on not only the written objections, if any, but any other comments that someone may wish to make; however, provided that those people interested in a re-zoning were treated equally and fairly, the process adopted by Council should not prejudice the final decision Council made. Mr. Nugent expressed the opinion that the hearing that the Act required was not held to allow people to comment on what the PAC might express as its views and, in fact, it would seem to him that people should be able to express their views for or against a re-zoning independently of what the PAC thought, although Council might well wish to entertain comments or observations on recommended Section 39 conditions which, although not provided for by the Act, should not call into question the legitimacy of the final decision Council would make if everybody interested got a fair and equal opportunity to express their views. Mr. Nugent, in cautioning Council not to depart from its current practice, clarified that he was referring specifically to the practice adopted in the past that, in the event that the public hearing were held prior to receiving the Committee's views and at a subsequent meeting Council received those views, it did not allow people at that subsequent meeting to make a presentation to Council as, although theoretically there was no legal impediment to that happening if Council could be sure that comments made in submissions presented to Council at that subsequent meeting dealt with nothing but the terms and conditions which were not part of the by-law nor the public hearing process, from a practical perspective he did not think it possible to confine people's comments as Council would not know what they might say and very likely they would slip into the merits of the proposed re-zoning 87-63 COMMON COUNCIL JUNE 8, 1998 which, as soon as that happened, would create a substantial risk that somebody not happy with the result of the application challenging Council's decision and Council running a significant risk that the challenge would be successful. Mr. Nugent summarized to the effect that, if Council were to continue with the current process of sometimes holding the public hearing before receiving the views of the PAC, Council, once it received those views, should not entertain submissions from people who wished to speak and, if Council wanted to hear what people had to say about terms and conditions the PAC might suggest or further comments about the overall view of the PAC as to the desirability of the proposed re-zoning, Council should be sure that it arranged to have those views at or prior to the public hearing and at that single public hearing hear all there was to be heard with respect to the re-zoning. Councillor Fitzpatrick suggested that Council should set a policy that, from this point on if the Planning Advisory Committee recommended that Council hold the public hearing and table the application until the Committee made a decision, Council would not hold the public hearing until the Committee made a decision and would re-advertise the public hearing; thus, as staff would know after the Committee meeting and prior to the Council meeting what the Committee was recommending and if it were a recommendation to postpone a decision, the process could start prior to the meeting as opposed to waiting until the public hearing date to debate it. Councillor Chase asked if there was a motion on the floor and, in response to the Mayor's indication in the affirmative, Councillor Ball advised that his motion had not been seconded and he would withdraw it. On motion of Councillor Fitzpatrick Seconded by Councillor Chase RESOLVED that Council adopt as policy that, if the Planning Advisory Committee's written views are not received by Council for consideration at a scheduled public hearing, the public hearing will be cancelled and Council will set a new time and date for a public hearing, and authorize the necessary advertising. The Mayor asked if the above motion was in order, to which Mr. Nugent advised that, while he had not given much thought to the issue raised in the above motion as to whether or not Council could as a matter of policy cancel a public hearing and reschedule if when the originally-scheduled hearing date arose and Council did not have a full report from the Committee, the question would be to what time and date the hearing would be rescheduled as it was Council's obligation under the Act to set the time and date for the hearing, thus without giving it more thought, he would suggest that trying to avoid that would be running a risk again. Councillor Trites asked if the situation could be handled if, in such an instance, there was an item on the Council agenda at the time of the originally-scheduled public hearing to reschedule the public hearing to a subsequent date and to advertise according to the Act in that Council could not establish a policy and expect staff to set a new public hearing date, to which Mr. Nugent replied in the affirmative. Question being taken, the motion was carried. 13. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the report from the City Solicitor regarding the scheduling of public hearings and the Planning Advisory Committee's views be received and filed. Question being taken, the motion was carried. 7. Amendment To July 29,1996 Resolution Re Land ExchanQe - ThornborouQh Street Consideration was given to a report from the City Manager advising that, further to Common Council resolution of July 29, 1996 authorizing a land exchange between the City and Joanne W. Batten and Dianne J. McAllister, the solicitor for 87-64 COMMON COUNCIL JUNE 8, 1998 Batten/McAllister has requested that the exchange be between the City and Joanne W. Batten and James G. McAllister; and submitting a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolution of July 29, 1996 whereby the City authorizes the exchange of lands on Thornborough Street, to be between the City and Joanne W. Batten and James G. McAllister. (Rescinded December 11, 2000 Bk. 88 pg. 269 ) Question being taken, the motion was carried. 8. Re Provincial Support Of MEEP On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the report from the City Manager advising that the Department of the Environment has informed the Saint John Environment Committee that the Minister was pleased to support the City's Municipal Energy Efficiency Project (MEEP) 1998-99 proposal, through the Environmental Trust Fund, in the amount of $15,000; and commenting on Phase 1 of this project -- be received and filed. Question being taken, the motion was carried. 9. Amendment To Resolutions Of March 25 & July 2, 1996 Re Land ExchanQe Sandy Point Road Read a report from the City Manager referring to Common Council resolutions of March 25, 1996 and July 2, 1996 authorizing an exchange of land between the City and the Estate of Walter C. Peacock and extending the closing date for the exchange, respectively, the latter due to a death in the Peacock family; advising that a second death in the family occurred subsequent to the extension of the closing date necessitating the obtaining of documentation from heirs and beneficiaries in the US and the UK, and the solicitor for the Peacock family and the City Solicitor's Office are ready to complete the land exchange provided Common Council extends the closing date and amends the name of the grantee. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend its resolutions of March 25, 1996 and July 2, 1996 regarding an exchange of land between the City and the Estate of Walter Peacock, to extend the closing date for the land exchange to be not later than July 31, 1998, with the exchange to be with Kenneth Roy Peacock. Question being taken, the motion was carried. 10. City Market By-Law Amendment Canada Dav - Julv 1 OpeninQ On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager advising of a request from the City Market Merchants Association on behalf of the City Market tenants to open the City Market on Canada Day, Wednesday, July 1, 1998, from 10:00 a.m. to 4:00 p.m.; and recommending that Common Council give first and second readings to the submitted amendment to the City Market By-Law -- be received and filed: 87-65 COMMON COUNCIL JUNE 8, 1998 AND FURTHER that the by-law to amend the City Market By-Law, with regard to opening on Canada Day, July 1, 1998, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law to amend the City Market By-Law, with regard to opening on Canada Day, July 1, 1998, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. 11. North End Wastewater Scheme - Canada/ New Brunswick Infrastructure ProQram Consideration was given to a report from the City Manager (1) briefly revisiting the Saint John Wastewater Strategy; (2) reviewing the Canada/New Brunswick Infrastructure Program; and (3) recommending that the City proceed with the next phase of work from the Wastewater Strategy by approving the projects and the approach outlined herein for the North End Wastewater Scheme, under the Canada/New Brunswick Infrastructure Program, and authorizing the Mayor and Common Clerk to execute the necessary agreement between the Province of New Brunswick and the City of Saint John. The report submits the Report Summary of the 1993 Saint John Wastewater Strategy, an article from the January/February 1994 edition of Civic Public Works on how the infrastructure program will work; a map outlining the Millidgeville sewage treatment plant collection system including both existing and proposed components; and the proposed agreement with the Province of New Brunswick. The Mayor noted the additional report from the City Manager (copies of which were distributed to Council members at this meeting) setting out a revised recommendation. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council approve the projects and the approach outlined in the submitted report from the City Manager, M & C 98 - 172 dated June 4, 1998, for the North End Wastewater Scheme, under the Canada/New Brunswick Infrastructure Program, and further that the Mayor and Common Clerk be authorized to execute the agreement, as submitted with that report, between the Province of New Brunswick and the City of Saint John, with the date in clause 7.4 amended to read December 31, 1999. Question being taken, the motion was carried. 12. Traffic By-Law Amendment Re LoadinQ Zone - KinQ Street East Consideration was given to a report from the City Solicitor submitting for consideration of third reading a proposed Traffic By-Law amendment regarding a loading zone on King Street East, which was given first and second readings on June 1,1998. On motion of Councillor White Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John 87-66 COMMON COUNCIL JUNE 8, 1998 Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to a loading zone on King Street East, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 14. 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 Monday, June 1, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely:- 1. That Council commence a summer schedule of bi-weekly meetings following the June 15, 1998 Council meeting. June 8, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1. Council MeetinQ Schedule On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. The Mayor noted that, with the proposed schedule after the June 15 Council meeting, Council would meet bi-weekly commencing at 7:00 o'clock p.m. on June 29, with a Committee of the Whole meeting at 4:00 o'clock p.m.; and made the observation that, should the agenda become lengthy, it might be necessary to commence the public session at 6:00 o'clock p.m. Question being taken, the motion was carried. 15. Jane Barry, MLA, Re ATV Traffic - Western Beaches On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the letter from Jane Barry, MLA, in support with regard to A TV traffic in the Western Beaches area on the understanding that communication had been received at the staff level from the Western Beaches Preservation Society requesting enforcement and other measures to prevent illegal activities that impede local residents from enjoying this beautiful coastal area; and expressing the belief that, as there will be activities along the Western Trail and through Saint John this year as part of the New Brunswick Trail system, it is most important that attention be given to this important issue -- be referred to the City Solicitor. Question being taken, the motion was carried. 87 -67 COMMON COUNCIL JUNE 8, 1998 16. Fundy Region Solid Waste Commission Application To Municipal Capital BorrowinQ Board - Capital Expenses On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the letter from the Fundy Region Solid Waste Commission informing Council of the resolution to be brought before the Commission for approval at its June 18 meeting, as required under the Clean Environment Act, for the Commission to submit to the Municipal Capital Borrowing Board an application for authorization to borrow $3,565,000 for capital expenses for a period not to exceed 15 years for the provision of Environmental Health Services, and further for the Commission to submit to the Municipal Capital Borrowing Board a request to amend the terms of its existing long-term borrowing obtained under Ministerial Order 96-82 as indicated -- be received and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 17. The Marco Polo Project Poster From Australia Post On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the letter from Barry Ogden of The Marco Polo Project regarding a poster from Australia Post which he sent to the Mayor and Council, advising that the community has sent over 5,000 letters to Canada Post and the Royal Canadian Mint for both a coin and a stamp commemorating the Marco Polo, along with two 1 ,300-name petitions in hopes of a stamp and a coin -- be received and filed. The Mayor displayed the above-mentioned poster. Question being taken, the motion was carried. 18. The Hardman Group Limited Acting As Agents For Market Square Leaseholds Ltd. - Re Outdoor Cafe AQreement On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from The Hardman Group Limited Acting as Agents for Market Square Leaseholds Ltd. submitting Schedule A indicating the patio area licensed for use by Market Square under the Outdoor Cafe Agreement - Market Square, as well as an extension of the area which, with the City's approval, would permit its use by existing tenants of Market Square for seasonal retail operations as an extension of their existing in-centre operations -- be referred to the City Manager. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 87-68 COMMON COUNCIL JUNE 8, 1998 19. Centre Scolaire-Communautaire Samuel-de-Champlain - Financial Assistance For PlaVQround On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the letter from Centre scolaire-communautaire Samuel-de-Champlain advising of the need, with the construction of the Saint-Francois-de-Sales Parish's new church, to relocate the School's playground, with the cost of a new playground being $43,644 of which half has been raised through community events as well as corporate donations; and requesting financial assistance from the City representing fifty percent of the cost associated with the project as outlined in the submitted budget -- be referred to the City Manager. Question being taken, the motion was carried. 20. 1997-98 National Kinette & Kinsmen Presidents - MessaQe-Of-Support CampaiQn On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that, with regard to the letter from the 1997-98 National Kinette and Kinsmen Presidents requesting support through participation in the annual "Message-of-Support" campaign -- the City take an advertisement of support. Question being taken, the motion was carried. 21. Daniel Rigby - Re Saint John Historical Water Front Park On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the letter from Daniel Rigby referring to the plan he designed, which was submitted to Council at its May 19, 1998 meeting for consideration in the Fort LaTour site, and advising that this plan can only be considered if in the future the Saint John Port Corporation freed up the area of Long Wharf for public use -- be referred to the Saint John Development Corporation and the Fort LaTour Development Authority. Question being taken, the motion was carried. 22. Pumpkin Patch (1998) Ltd. Neil Lingley - Re-Zoning Of 1779 ManawaQonish Road On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the application of Pumpkin Patch (1998) Ltd. - Neil Lingley for the re-zoning of property at 1779 Manawagonish 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 13, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 87 -69 COMMON COUNCIL JUNE 8, 1998 23. William L. Kaine Re-ZoninQ 258 Tower Street On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the application of William L. Kaine for the re-zoning of property at 258 Tower 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 13, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. University Of New Brunswick Re City Of Saint John Award On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Susan Montague, Director - Office of Development & Public Relations, University of New Brunswick, advising that the 1998 recipient of the City of Saint John Award was Ms. Connie Beth Winchester of Saint John -- be received and filed. Question being taken, the motion was carried. 25. Eric Lowther, MP Calgary Centre Bill C-397 - Re Prostitution On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Eric Lowther, MP Calgary Centre, advising of his submission to Parliament of Bill C-397 which proposes to make communicating for the purposes of prostitution a dual or "hybrid" offence; and encouraging Council to consider supporting this initiative by sending a letter of support to his Ottawa office -- be received and filed. Question being taken, the motion was carried. 26. Barbara Munroe - Water Extension RaQQed Point Road The Mayor suggested that the letter from Barbara Munroe could be referred to the City Manager and, as the Environment Minister and MLA for Saint John- Portland Leo McAdam planned to visit Mrs. Munroe on June 9, Council should wait until it heard from them as to other possible options, whereupon Deputy Mayor Chase proposed a motion, which was not seconded, to refer the letter as suggested. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Barbara Munroe advising that she hopes Council would look favourably on a water extension down Ragged Point Road, further to the radio news on May 18 concerning infrastructure money that had been held for the Sugar Refinery and her telephone conversation with Her Worship who indicated that some of the infrastructure money may be diverted for the much-needed project on Ragged Point Road -- be received and 87 -70 COMMON COUNCIL JUNE 8, 1998 filed and a letter be forwarded to Mrs. Munroe indicating the motion passed earlier in this meeting on infrastructure funding. Question being taken, the motion was carried. 27. Local Organizing Committee Re Sponsorship Of Canadian Mathematical Society Conference On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that, with regard to the letter from the Local Organizing Committee for the forthcoming Canadian Mathematical Society Conference to be held at UNB Saint John from June 13-15, 1998, reminding Council of the letter considered by Council on October 6, 1997 requesting sponsorship of a reception which was referred to the City Manager for more details, Council decline to participate in this regard. Question being taken, the motion was carried. 28. Bobby Donovan - Foghorn On PartridQe Island On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the letter from Bobby Donovan asking what, if any, steps the Mayor and Common Council have taken or plan to take regarding the decision made arbitrarily by the Federal Government to dismantle the foghorn on Partridge Island -- be received and filed and the concern expressed herein be forwarded to the appropriate Federal Minister and to The Honourable Roland Macintyre, Minister of Economic Development, Tourism and Culture. Question being taken, the motion was carried. 29. Roger B. Cote - Application To Re-Zone 51 Courtenay Avenue On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the application of Roger B. Cote for the re-zoning of property at 51 Courtenay Avenue 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 13, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 30. David Calais' Query Re BuskinQ On City Streets Read a letter from David Calais asking if the City of Saint John allowed busking on its streets and, if so, whether or not a permit was necessary. The Mayor advised that she checked with the City Manager earlier and the City did not restrict the above type of activity as long as it was within the law. Deputy Mayor Chase expressed the understanding that, as with previous buskers, something had to come through Council and, upon the Mayor's indication that busking would have to be done in a way so as not to block traffic or to upset anyone, asked if it should be referred to staff, the Mayor's suggestion being that Council could receive and file the letter and advise Mr. Carlin that busking on City streets is permitted. On motion of Councillor Trites 87 -71 COMMON COUNCIL JUNE 8, 1998 Seconded by Councillor Fitzpatrick RESOLVED that the letter from David Calais asking if the City of Saint John allowed busking on its streets and, if so, whether or not a permit was necessary -- be received and filed and Mr. Carlin be advised that there was no impediment to busking on City streets. Question being taken, the motion was carried. 31. The Saint John Jeux Canada Games Foundation, Inc., 1997 Activities, Financial Statements & Members' Reappointment To Board of Governors On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc, submitting its audited Report and Financial Statements as at December 31, 1997, and advising of its activities for the year 1997; and recommending that Patrick Darrah, Norman Sinclair and Joseph Flynn be reappointed Governors for a term ending December 31, 2000, or until their successors are appointed -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 32. Matrix Investments Ltd. Re Costs Imposed On Business Community On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Gerry Webster, President of Matrix Investments Ltd., submitting a copy of the water and sewer bills for his business for Council's review, keeping in mind that this property uses less water and creates less sewage than a home, although the bill is over fifty percent more than a home; and expressing the view that the ever-increasing costs imposed on the business community each year must stop -- be received and filed. Question being taken, the motion was carried. 33. Promoting New Brunswick Re Promotion Products On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Promoting New Brunswick advising of its promotion products, the sale through which it is able to raise funds for other projects to promote New Brunswick -- be received and filed. Question being taken, the motion was carried. 34. Inky Mark, M.P.(Dauphin-Swan River) Reference To Municipalities In Draft Of New Canada Act On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Inky Mark, M.P. (Dauphin-Swan River) citing Section 5 of the draft of the New Canada Act released on May 7, 1998 by the Official Opposition, specific to municipal governments; and asking for feedback in this regard -- be received and filed. Question being taken, the motion was carried. 87 -72 COMMON COUNCIL JUNE 8, 1998 35. Minister Of Municipalities, Culture And HousinQ - ConQratulatorv Letter On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, congratulating the members of Council on their election as members of a municipal council in the recent municipal elections -- be received and filed. Question being taken, the motion was carried. 36. Municipal Information Centre Inc. Re City's Intent To Cease FundinQ On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Municipal Information Centre Inc. submitting a copy of correspondence received from the City of Saint John, dated January 30, 1998, indicating the intent to cease funding of the Municipal Information Centre; and requesting the City to reconsider its position for this year to allow the Centre to make the necessary adjustments to continue providing services to the municipalities of New Brunswick -- be received and filed and the Centre be notified of Council's decision not to fund the Centre due to budget reductions. Question being taken, the motion was carried. 37. Eric L. Teed Re Possible Twinning ArranQement With Revkjavik. Iceland On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the letter from Eric L. Teed advising of his recent visit to the Republic of Iceland; and suggesting that possibly the concept could be pursued of Saint John, as Canada's First City, having a twinning arrangement with Reykjavik, the Capital City, Republic of Iceland -- be referred to the City Manager for a report to Council. The City's sister-city relationships with Shantou, China; Bangor, Maine, and Caraquet, New Brunswick, were noted, and Councillor Trites advised that he would not support the motion for the reason that the City had relatively close twins of a local nature in terms of Bangor and Caraquet and should move to re-establish its ties with them. Question being taken, the motion was carried with Councillor Trites voting "nay". 38. Khalid Malik - Proposal For Rockwood Park Waterslide Site On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Khalid Malik, President of Rockwood Park Waterslides Ltd., referring to his appearance before Council at the June 1, 1998 meeting; and advising of his new proposal to convert the 87 -73 COMMON COUNCIL JUNE 8, 1998 existing building and the swimming pool, but not the waterslide, to a "U-Fish" facility, and that he was also thinking about providing bicycle rentals for the bicycle trails in the Park -- be received and filed. Councillor Trites, in proposing the above motion, suggested that, should Mr. Malik have an alternative operation to undertake in the subject area after the removal of the waterslide facility from the site in conjunction with the Court of Queen's Bench Order, Mr. Malik could make an application to the City to partner in a new venture. Councillor Court noted Mr. Malik's presence at the meeting. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that Khalid Malik be given permission to speak at this time in the above regard. The Mayor noted the need for a two-thirds majority affirmative vote of Council in order for Mr. Malik to be heard. Question being taken, the motion was lost with the Mayor, Deputy Mayor Chase and Councillors Ball, Chase, Desmond, Fitzpatrick, Titus, Trites and White voting "nay". Question being taken, the original motion was carried. 39. Floyd Williston - Re-Zoning Property Simpson Drive And Golden Grove Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the application of Floyd Williston for the re-zoning of property on Simpson Drive and Golden Grove 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 13, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 40. Laureen Jarrett, MLA Saint John Kings Re Liberal Caucus MeetinQ With Council On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Laureen Jarrett, MLA Saint John Kings, requesting a meeting of the Greater Saint John Liberal Caucus with the new Council for the City of Saint John in the very near future, if possible -- be received and Council accept the invitation to meet and determine a date that is mutually-acceptable. The three dates in the above letter were noted, and it was agreed that June 22, 1998 would be acceptable to Council members, and the Mayor asked the Council members to advise her of any items for discussion. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. 87-74 COMMON COUNCIL JUNE 8, 1998 Common Clerk