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2000-08-28_Minutes 88-132 COMMON COUNCIL AUGUST 28, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of August, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; P. Hanlon, Manager of Water and Sewerage Services; G. Tait, Fire Chief; B. Martin, Assistant Deputy Police Chief; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. The Mayor extended condolences to the families of the late Armand Drummond, a former City employee, and John Craig (Sonny) Thomas, who passed away on August 26 and August 27,2000, respectively. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on Monday, August 14, 2000, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment Re Self Service of Gasoline The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to delete or amend subsection 810(5)(a) in such a way that will permit self-service of gasoline for the general public at times when full-service dispensing is not provided at the same retail site, to permit service station and gas bar operators to provide self-service of gasoline without the condition that full service dispensing also be available, as requested by Tobias Foods Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter of opposition to the proposed re-zoning considered at the Committee's August 22, 2000 meeting at which Stephen Tobias addressed the Committee in support of the application; and recommending that Common Council amend the Zoning By-law by deleting Section 810(5)(a). Marjorie MacMurray of 15 Baxter Road spoke in opposition to the re- zoning on the basis of her concerns regarding safety and advised she conducted a survey of purchasing gasoline at a number of self-service locations in the City, and in doing so carried out a number of violations, and advised she was not approached by any 88-133 COMMON COUNCIL AUGUST 28, 2000 staff member that her actions were a violation. Ms. MacMurray concluded her presentation requesting that both full-service and self-service continue to be offered throughout the City. Stephen Tobias President of Tobias Foods Ltd., the applicant, appeared in support of the application; advised he agrees with the Planning Advisory Committee's recommendation with regard to the issues of safety and unemployment, noted that the situations referenced by Mrs. MacMurray were in violation of the law, which is an issue which should be looked at notwithstanding the proposed amendment; although perhaps there should be a more rigorous inspection program; with regard to the issue of unemployment, advised of his difficulty in obtaining staff for his operation; and regarding service, noted that in municipalities where business owners have a choice in how they staff their business, there are still many options of service available and the decision of full-service or self-service is made based on the demands of their customers. Mr. Tobias expressed the opinion that there is adequate legislation in place by the Provincial and Federal Government regarding the safety of gas bars; noted he has experienced accidents at his full-service pump stations only; explained full-service costs him approximately $18,000 a year and he would like the opportunity to make the choice to provide self-service of gasoline without the condition that full-service dispensing must also be available. Mr. Tobias responded to questions concerning the proposal pointing out more enforcement is needed with regard to fire safety. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John by deleting Section 810(5)(a), be read a first time. Mayor McAlary inquired, if the proposed amendment is approved, would the majority of service stations in the City go to self-service only, to which Mr. Baird confirmed the proposed amendment would permit them to do this. Fire Chief Tait responded to questions referring to the staff report submitted to Council noting the fuel attendant's responsibilities; stressed the volatility of gasoline and risks involved when handling the product and containers for storing the product; cited numerous incidents that have occurred involving gasoline pumps and containers; noted gasoline attendants will be inside their business location rather than outside supervising activities at the pumps; and advised the risk to public safety will be increased if the proposed amendment is approved. Responding to a question from Councillor Trites regarding inspection procedures, Fire Chief Tait advised the Fire Department has one inspector specialized in this field and advised all service stations are inspected once a year, noted if the amendment is approved they would have to be more attentive to inspections, but could not commit to increasing inspections with the current staff level. On the issue of safety and risk factors Councillor White expressed concern; Councillors Vincent and Court spoke in support of Chief Tait's comments; referring to the lack of enforcement at the present time; Councillor Fitzpatrick advised he could not support the motion; and Councillor Chase spoke in favour of the proposed amendment noting that problems already exist regardless if they are self-service or full-service. Mayor McAlary stated she would not be supporting the motion pointing out that she has not received any complaints from citizens regarding full-service. Question being taken, the motion was lost with the Mayor and Councillors Ball, Court, Fitzpatrick, Trites, Vincent and White voting "nay". On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 265 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law amendment to re-zone a parcel of 88-134 COMMON COUNCIL AUGUST 28, 2000 land located at 265 Somerset Street (NBGIC Number 31815), having an area of approximately 780 square metres (8,400 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, to permit the continuing use of the existing building as a four-family dwelling, as requested by James R. and Jean Anderson, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in support of the proposal considered at the Committee's August 22, 2000 meeting at which the applicant appeared in support of the re-zoning of the property; and recommending that Common Council re-zone the property located at 265 Somerset Street (NBGIC Number 31815), having an area of approximately 780 square metres (8,400 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification. Jean Anderson of 942 Seawood Lane, the applicant, addressed Council and stated she is in agreement with the recommendation of the Planning Advisory Committee. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the property located at 265 Somerset Street (NBGIC Number 31815), having an area of approximately 780 square metres (8,400 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning the property located at 265 Somerset Street (NBGIC Number 31815), having an area of approximately 780 square metres (8,400 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5. Street Closing By-law Amendment Portion Of Tippett Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Tippett Drive. 88-135 COMMON COUNCIL AUGUST 28, 2000 On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Tippett Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Tippett Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 6. Municipal Plan Amendment 77 Golden Grove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 96 metres (315 feet) on Golden Grove Road, and an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density Residential to Service Corridor classification, to permit re-zoning of the parcel of land from "RS-2" One and Two Family Suburban Residential to a special zone, and subsequent development of retail/commercial buildings and self-storage warehousing, as requested by Norman Ganong. 7. Presentation Re Circuses With Animals Consideration was given to a letter from Pamela Little requesting an opportunity to address Council regarding circuses with animals. Pamela Little, 42 Epworth Park Road, Grand Bay-Westfield, and Jessica Vihvelin of 10 Peggy's Lane, addressed Council in the above regard and circulated photographs of animals in their circus environment. Ms. Little cited a number of brutal acts towards circus animals; referred to the American, Canadian and European zoo standards pointing out several violations; stated public safety is jeopardized when animals living in stressful conditions are allowed to perform close to the public; explained elephants are highly susceptible to human contagious tuberculosis; and urged Council to consider the implementation of a by-law or revision of an existing by-law to prohibit circuses with animals. (Councillors Desmond and Vincent withdrew from the meeting.) Ms. Vihvelin referred to her presentation in September 1997 to Council and asked they reconsider banning circuses with animals; noting if they cannot or will not, would they consider enforcing strict regulations and standards for circuses entering Saint John; explained her reasons for wanting to ban circuses with animals; noting she is representing her peers, tomorrow's voters and the circus animals themselves. (Councillors Desmond and Vincent re-entered the meeting.) 88-136 COMMON COUNCIL AUGUST 28, 2000 8. Means Of GivinQ Information To Public On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary referring to a watermain break this past week which caused citizens of the southern, central and northern parts of the City to be without water for several hours in that, while situations like this happen from time to time without advance notice, it leaves citizens without any information on what has happened; and suggesting that staff be requested to check on installing a telephone line for which the number would be given to the public on which a recorded message could be placed by a staff member, with up-to- date information on the situation that has occurred, and this could be used also for the snow removal operation in the winter months to assist in giving information to the public, be referred to the City Manager. Question being taken, the motion was carried. 9. Development In Commercial & Residential Sectors On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the letter from Councillor Chase proposing a joint meeting between all developers/builders, City staff, the Planning Advisory Committee and Council to discuss and resolve differences regarding issues that developers are faced with in both the commercial and residential sector, be referred to the City Manager. (Councillor Trites withdrew from the meeting.) Question being taken, the referral motion was carried. 10. Public HearinQ - Re-ZoninQ 1384 Old Black River Road Consideration was given to a report from the City Manager regarding the application of Thomas Developments Ltd. for the proposed re-zoning of property located at 1384 Old Black River Road, for which the public hearing was scheduled for this meeting; advising that the Planning Advisory Committee tabled the application and advised all those present at its August 22, 2000 meeting that Common Council's policy in this case was to cancel the public hearing on August 28, 2000 and schedule a new public hearing for another date; and recommending that a new public hearing date be scheduled for October 10, 2000. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the public hearing of August 28, 2000 for the proposed re-zoning of property located at 1384 Old Black River Road be cancelled, and the necessary advertising be authorized for the proposed re- zoning, with the public hearing to be held on Tuesday, October 10, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 11. Revision To Council Policv Re Public HearinQs Consideration was given to a report from the City Manager citing Common Council resolution of June 8, 1998 establishing a policy for public hearings which were scheduled to occur for which the recommendation of the Planning Advisory Committee had not been received; advising that, while this policy has achieved the goal of ensuring that a full recommendation of the Committee, including suggested conditions, is available to both Council and citizens at the time of the public hearing, it has resulted in some projects being delayed; making Council aware of options that should be considered so that Council has the ability to deal with significant development issues in the future; and recommending that Council revise its policy of June 8, 1998 to provide that Council will consider the circumstances of the application and the reason for 88-137 COMMON COUNCIL AUGUST 28, 2000 the lack of a Planning Advisory Committee recommendation and, in such situations, decide immediately prior to the public hearing if the hearing should proceed or be rescheduled. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council adopt the recommendation as outlined above. Mayor McAlary expressed concern that citizens may come to a Council meeting with the expectation they will be speaking on a specific issue and then a decision is made by Council not to hold the public hearing; and stressed this is an inconvenience to the citizens. Mr. Baird explained the proposed recommendation would give Council the opportunity to make a choice regarding a public hearing depending on the situation. Councillor Fitzpatrick stated he would not support the proposed recommendation until a report came to Council detailing how many applications have been affected unfavorably by the present system; Councillor Vincent questioned the recommendation to which Mr. Totten explained there are presently frustrations and the proposed recommendation would give Council the ability to make a choice on the matter; referring to the current policy Deputy Mayor Chase and Councillor Trites advised they could not support the proposed recommendation. (Councillor Trites re-entered the meeting and Councillor Chase withdrew from the meeting during the above discussion.) Question being taken, the motion was lost with the Mayor, Deputy Mayor and Councillors Ball, Court, Desmond, Fitzpatrick, Trites, Vincent and White voting "nay". 12. EnQaQement Of BDA Ltd. Re Trail System On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager regarding the engagement of BDA Ltd. re trail system, be withdrawn from the agenda. Question being taken, the motion was carried. 13. Vehicle Accident And Public Tender Call For New Pumper To Replace EnQine No.8 Read a report from the City Manager submitting correspondence from the Fire Chief, including photographs depicting the damaged Engine No.8 Unit which was involved in an accident April 24, 2000, a letter to the Fire Chief from Purchasing Agent David Logan reviewing and assessing the condition, state and viability of certain apparatus assigned to the Fire Department and making a recommendation in this regard, and a copy of a letter to the Fire Chief from Metalfab Ltd. regarding the vertical centre of gravity of Pumper 8; commenting on the results of a Police and an internal departmental investigation, as well as on initiatives taken, following the accident; and advising that, as the City's insurance does not provide coverage, there is no recovery for damages, thus the necessary funding to purchase a new pumper, if approved, would have to be included in the 2001 Capital Budget. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the Mayor and Council authorize staff to call for public tenders for one new pumper to replace Engine No.8; and (2) the necessary funding be approved and charged against the 2001 Capital Budget. Councillor White raised a question regarding insurance on Fire Department vehicles to which Mr. Beckett advised he would bring a report back to Council on the matter. Fire Chief Tait in responding to questions advised a substitute 88-138 COMMON COUNCIL AUGUST 28, 2000 vehicle is currently being used and suggested an explanation of the tiered response system may be beneficial to the members of Council. During discussion Councillor Fitzpatrick on a point of order noted that comments were to be limited to the motion. Question being taken, the motion was carried with Councillor Desmond voting "nay". 14. Request To Replace Tanker No.8 Consideration was given to a report from the City Manager noting the large percentage of the Saint John area that is unserviced by fire hydrants and also the insufficient capacity, in some areas that are serviced, to meet adequate fire protection requirements; advising that Tanker No.8, located at the Millidgeville Fire Station, is utilized for the purposes of supplying water to the unserviced and low-pressured areas in the northern parts of the City, the Millidgeville area, through to Ashburn Lake Road, and also serves as a backup to other parts of the City when the water demand exceeds the capability of one tanker; referring to the discussion at Council's August 14, 2000 meeting of a planning issue quite relevant to the issue of Tanker No.8 in that, as indicated in the submitted copy of a letter to Randall Pollock of Community Planning from H.B. Steeves, Project Engineer, Municipal Services, water flow tests were conducted for the area of the Percy Wilbur Subdivision at 1125 Kennebecasis Drive by the Insurers Advisory Organization (IAO), and the test results confirmed that there is insufficient capacity to adequately serve existing homes, particularly for fire emergency flows; expressing the view that this further supports the need to have a tanker available in this area capable of shuttling water as a source of supply for the suppression of fire; and advising of problems with Tanker No.8. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the request to call for Public Tenders for the purchase of one new tanker to replace Tanker No.8, be referred to the 2001 Capital Budget process. Fire Chief Tait pointed out Tanker No.8 is an aging piece of equipment which is no longer reliable and the longer you wait to replace it the chance of risk also increases. Question being taken, the motion was carried. 15. Re Kennebecasis Drive - water supplv On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the City Manager regarding the inadequate supply of water and pressure to the end of Kennebecasis Drive caused by two factors: (1) the single 200mm feed to the area; and (2) the elevation differences in the area; noting as more development occurs the problem will continue to worsen for those living at the higher elevations; explaining staff is concerned with the loss of pressure to the area and agrees that alternatives must be considered to increase the water supply and pressure, not only for the existing users of the system, but also to provide for future development of the area; advising that potential growth will require that wastewater servicing alternatives for areas presently not serviced are considered in the process; noting staff will recommend engaging an engineering consultant to prepare a design brief to provide for water supply and wastewater collection alternatives and the costs associated with each which could be included in the 2001 Capital Program; be received and filed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 88-139 COMMON COUNCIL AUGUST 28, 2000 16. Municipal Plan Amendment New Pits And Quarries Zone Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to a proposed Municipal Plan amendment to facilitate the adoption of a proposed new Pits and Quarries Zone, as initiated by the City of Saint John, and submitting letters of objection in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the proposed Municipal Plan amendment to facilitate the adoption of a proposed new Pits and Quarries Zone, as initiated by the City of Saint John, 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 Tuesday, October 10, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. Zoning By-law Amendment To Re-Zone 1384 Red Head Road & 5 Heaven Haven Lane On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-538 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (a) a parcel of land located at 1384 Red Head Road (NBGIC Number 340380) having an area of approximately 309 square metres (3,326 square feet), and (b) a parcel of land being a portion of 5 Heaven Haven Lane (NBGIC Number 55053342), having an area of 86 square metres (925 square feet), from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-538 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) 18. FCM Board Of Directors MeetinQs Consideration was given to a letter from the Common Clerk advising that, pursuant to the Travel Policy for Elected Officials, authorization is required for Councillor Trites, who as President of the Cities of New Brunswick Association is a member of the Board of Directors of the Federation of Canadian Municipalities, to attend forthcoming meetings of the FCM Board of Directors in St. John's, Newfoundland, on September 6 to 10, and in Ottawa, Ontario, on December 5 to 10, 2000. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that Councillor Trites be authorized to attend the forthcoming FCM Board of Directors meetings in St. John's, Newfoundland on September 6 to 10, and in Ottawa, Ontario on December 5 to 10, 2000. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 88-140 COMMON COUNCIL AUGUST 28, 2000 19. 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, August 14, 2000, 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 as recommended by the City Manager, the City of Saint John sell (1) 641 m2:t of land formerly part of Osborne Avenue stopped up and closed September 7, 1999 (Parcel A); (2) 480 m2 :t of land formerly part of Moore Street stopped and closed September 7, 1999 (Parcel B); and (3) 2,309 m2:t of land being part of NBGIC Number 28258 in two parcels (as generally shown on the submitted drawing as Parcels C and D), to L.S.O. Enterprises Ltd. for the purchase price of $13.03 per square metre, with a closing date of on or before September 30, 2000, upon the following terms and conditions: (1) L.S.O. Enterprises Ltd., prior to closing, shall have prepared and paid for all subdivision plans required to facilitate the conveyance proposed herein, including such subdivision plan as is required to vest as public street the land as shown on the submitted plan for Harbour Lights Terrace; and (2) L.S.O. Enterprises Ltd., prior to closing, shall have, in writing, approval from the Development Officer of its development plan and approval from the Chief City Engineer of its engineering design of the public street currently called Moore Street; and the Mayor and Common Clerk be authorized to execute the deed. August 28, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 19.1. Sale Of Land AlonQ Moore Street On motion of Councillor White Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 20. Planning Advisory Committee Subdivision 405 Rothesav Avenue On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted Canadian National Railway Company tentative subdivision plan with respect to any required municipal services or public utility easements. Question being taken, the motion was carried. 21. Gail Nickson And Robert Landry Mini-Home 3396 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Gail Nickson and Robert Landry referring to Common Council resolution of June 14, 1999 permitting a mini-home to be situated on the property at 3396 Loch Lomond Road for a temporary 88-141 COMMON COUNCIL AUGUST 28, 2000 period of one year; and asking for permission to keep the mini-home on this property for one more year, be received and filed and permission be granted for a temporary period of one year. Question being taken, the motion was carried. 22. Media Planet - Proposal For City's Web Site On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Derek Riedle of Media Planet referring to the City's acceptance on July 31, 2000 of Fuze Media's proposal to develop the City of Saint John's web site, and explaining his disappointment that the award was to an out-of-City developer for a higher price tag than offered by local companies; and requesting further explanation as to the criteria upon which this decision was based and how a more costly bid was chosen, be referred to the City Manager. Question being taken, the motion was carried. 23. D&N Used Goods And Furniture LoadinQ Zone At 333 Main Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Nick St. Pierre, Owner of D&N Used Goods and Furniture, requesting a loading zone for his business at 333 Main Street and that a loading zone sign be posted at the earliest possible date, be referred to the City Manager and Saint John Parking Commission. Question being taken, the motion was carried. 24. Ian A. And Patricia S. Wilson Re-ZoninQ 553 Earle Avenue On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Ian A. and Patricia S. Wilson for the re-zoning of property located at 553 Earle 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 Tuesday, October 10,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. Peter Pappas clo Hughes Surveys & Consultants Ltd. Amendment To Section 39 Conditions Of Re-Zoning Of Property Located At 477 MillidQe Avenue On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the application of Peter Pappas c/o Hughes Surveys & Consultants Ltd. for an amendment to the Section 39 conditions of re-zoning of property located at 477 Millidge 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 Tuesday, October 10,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 88-142 COMMON COUNCIL AUGUST 28, 2000 26. Galbraith Construction Ltd. - Re-Zoning Guilford, Watson, Duke Streets - West On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Galbraith Construction Ltd. for the re-zoning of property on Guilford Street, Watson Street and Duke Street West be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, October 10,2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 27. Saint John Port Authority MarketinQ In Water Street Area On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the letter from the Saint John Port Authority in response to the request to Council from Ralph A. Olive for permission to market painted souvenir rocks in the area of Water Street, adjacent to the Coast Guard parking lot, advising that the area in which Mr. Olive wishes to operate does not conflict with cruise operations at Pugsley Terminal and the decision whether Mr. Olive operates or not remains with the municipality; noting the dockside market which operates within the Pugsley Terminal through license agreements between the vendors and the Port Authority; and recommending that in providing hawkers and peddlers licenses in the vicinity of cruise operations consideration be given to ensuring that any activity will enhance the Authority's efforts and create a positive image to cruise passengers, be received and filed. Question being taken, the motion was carried. Mayor McAlary noted that the next regular meeting of Council will be held on Tuesday, September 5, 2000 at 7:00 o'clock p.m. Adjournment The Mayor declared the meeting adjourned. Common Clerk