Loading...
2000-12-04_Minutes 88-252 COMMON COUNCIL DECEMBER 4, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of December, A.D., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, 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; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; R. Simonds, Deputy Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Paul Pattison of Bethany Pentecostal Church offered the opening prayer. The Mayor advised her intent, with the consensus of Council, to move to item 6 on the agenda of this meeting for the presentation of the 2000 Santa Claus Parade awards. 6. Mayor's Remarks Santa Claus Parade - Presentation Of Awards Anne Merzetti, Chair of the Annual Santa Claus Parade Committee, expressed appreciation to those involved in the 48th Annual Santa Claus Parade held on November 18, 2000, particularly the Saint John Police and Fire Departments, City Transit, Saint John Energy, the Saint John Fire Police, and the Radio Club, as well as Committee members and Parade judges; and advised that the Year 2001 Parade would be held on Saturday, November 17, commencing at 6:00 o'clock p.m. Ms. Merzetti announced the 2000 Santa Claus Parade entry winners to whom the Mayor, assisted by "Santa Claus", presented awards in the various categories as follows: Honourable Mention - Coca Cola, Saint John Boys and Girls Club (not present), the Saint John Police Department, Acadian Stained Glass, and the Canada Post Letter Carriers; Best Twirlers - Fundy Twirlers & Starlettes; Best Cheerleaders - St. Rose School; Best Association - Saint John the Baptist/King Edward Home and School; Best Commercial - Cendant; Best HiQh School - Simonds High School; Best MarchinQ Band - #527 Simonds Air Cadets (not present); Best Use Of LiQhts - Irving Oil (not present); Chairman's Choice - Shades of Green; Best Industrial - LaFarge Construction Materials; and Best Parade Entry - Saint John Energy. The Mayor acknowledged the efforts of the Annual Santa Claus Parade Committee, and congratulated the participants on their entries in the 2000 Parade, and presented the Committee chair and "Santa Claus" with a token of appreciation. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that minutes of the meetings of Common Council, held on November 20, 2000, be approved. Question being taken, the motion was carried. 88-253 COMMON COUNCIL DECEMBER 4, 2000 3(a) Section 39 Amendment To Conditions Of Re-ZoninQ Of 231 Churchill Boulevard The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the September 14, 1998 re-zoning of the property situated at 231 Churchill Boulevard (NBGIC Number 55096440), to permit live entertainment, including musicians, theatrical performances and dinner theatre, within a licensed lounge, as requested by Estee Entertainment 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 one letter expressing concern about the proposal considered at the Committee's November 28, 2000 meeting at which Stephen Tobias, on behalf of the applicant, expressed agreement with the staff recommendation; and setting out a recommendation to amend the Section 39 conditions of re-zoning of the property situated at 231 Churchill Boulevard. Stephen Tobias, President of Estee Entertainment Ltd., appeared in support of the application, indicating his agreement with the above recommendation. The Mayor advised that the Planning Advisory Committee recommendation should indicate that all live entertainment and/or recorded music must not be detectable beyond 100 feet of the licensed facility, rather than within 100 feet of the licensed facility. On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the September 14, 1998 re-zoning of the property situated at 231 Churchill Boulevard (NBGIC Number 55096440) by deleting condition (e) and replacing it with the following: "(e) Live entertainment in the licensed facility is limited to comedians, theatrical performances, musical theatre, and musical entertainment consisting of singers and non-amplified musical instruments. All live entertainment and/or recorded music must not be detectable beyond 100 feet of the licensed facility." Reference was made to the above-mentioned letter of concern (copies of which were distributed to Council members at this meeting), and Mr. Baird spoke to the issue of enforcement should noise go to adjacent property owners and be a problem to them. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4. Street ClosinQ By-law Amendment - Americo Road 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 Americo Road, and no written objections were received in this regard. On motion of Councillor White Seconded by Councillor Court 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 Americo Road, be read a first time. 88-254 COMMON COUNCIL DECEMBER 4, 2000 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 Court 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 Americo Road, 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". 5. Municipal Plan Amendment Re 2494 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to amend Schedule 2-A and Section 2.4.7.15 by redesignating a parcel of land with an area of approximately 3600 square meters (0.9 acres), located at 2494 Loch Lomond Road (NBGIC Numbers 448183 and 55058242), from Unserviced Residential to Light Industrial (Approved Development) classification, to permit re-zoning of the parcel of land from "RS-1" One and Two Family Suburban Residential to a special zone that would permit the continuing use of the property for an auto body/repair shop and dwelling, as requested by Truman Hayward. 6. Mayor's Remarks Mayor McAlary proclaimed December 4, 2000 as 527 Simonds Squadron Royal Canadian Air Cadets Day in the City of Saint John and noted that this Squadron was celebrating its 50th anniversary. 7. Tender For Contract 2000-8 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that Nautilus Construction & Rentals Ltd., the contractor for Contract 2000-8, City Road water and sewer renewal and Church Avenue water meter, substantially completed the work on the City Road portion on September 19, 2000, with the Church Avenue portion scheduled to be completed in April 2001, and the final contract value for the City Road portion, based on the final quantities together with additional work done or changes made, is calculated at $612,432.15, a difference of $124,316.85 from the tendered price of $488,115.30, due essentially to an increase in quantities of materials installed and for unforeseen piping conditions discovered during construction which resulted in several change orders approved by the engineer for extra work completed by the contractor; and also advising that a review of the 2000 Capital Program indicates that the costs of a number of other projects will be less than estimated and, as such, funds are available to cover these additional costs, be received and filed. Question being taken, the motion was carried. 8. Closure Of Portion Of Acorn Drive, Westgate Park Subdivision, 1854 ManawaQonish Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the report from the City Manager advising that Acorn Drive in the Westgate Park Subdivision at 1854 Manawagonish Road has never been constructed and used by the public and since 1994, when the City approved the Fountains at Westgate phase of the development, it has been recognized and accepted that a small portion of Acorn Drive would not be 88-255 COMMON COUNCIL DECEMBER 4, 2000 developed due to the proposed realignment of this public street right-of-way and, although it had been the Planning Department's practice at the time of the review of the applicant's proposal to automatically close this portion of street upon filing of the new amending subdivision plan pursuant to Section 57(3)(b) of the Community Planning Act, the Department has since been advised that a formal street closure by by-law is necessary in order to bring about this change in the street pattern; and recommending that Common Council: (1) authorize the advertising of its intention to consider a by-law to stop up and close a 2429-square metre (26, 146-square foot) portion of Acorn Drive (public street) as generally shown on the submitted plan of survey; (2) in the event the by-law to stop up and close the above-mentioned portion of Acorn Drive is enacted, authorize the transfer of the closed portion to the developer of the Fountains at Westgate Subdivision; and (3) authorize the Mayor and Common Clerk to execute all necessary documents with respect to these mentioned matters, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 9. Amendment To July 17, 2000 Council Resolution Cost-SharinQ AQreement For Moore Street Work Consideration was given to a report from the City Manager advising that, further to Common Council resolution of July 17, 2000 approving a cost-sharing agreement with LSO Enterprises Ltd. for needed improvements to Moore Street as part of a 15-unit residential redevelopment in this area, the developer has requested an interim payment of $203,000 for the underground work completed to date on the right-of- way and has indicated a willingness to defer payment for the housing units that are or will be finished, with the $6,000 per unit to become payable only if the remaining street work is done prior to June 15, 2001; and recommending an amendment to the Common Council in this regard. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Council resolution of July 17, 2000 dealing with cost sharing between the City and LSO Enterprises Ltd. for work on Moore Street be amended as follows: (1) item no. 4 be deleted and replaced with the following: (4) the payment of $203,000 plus HST to be made to LSO Enterprises Ltd. as soon as reasonably possible following the Chief City Engineer certifying in writing that the underground piping for Moore Street from Sta. 0+000 to Sta. 0+180 and the placement thereon of granular material has been satisfactorily completed; and (2) item no. 5 be deleted and replaced with the following: (5) the payment of $90,000 to LSO Enterprises Ltd. shall be made in fifteen (15) equal installments of $6,000 each upon substantial completion of each of the first fifteen (15) units, provided LSO Enterprises Ltd. has prior to June 15,2001 substantially completed the underground and surface work on Moore Street (including paving, concrete curbing, sidewalk and landscaping) as certified in writing by the Chief City Engineer; and further that the agreement between the City and LSO Enterprises Ltd., dated the 2nd of November 2000, be amended accordingly and the Mayor and Common Clerk be authorized to execute the amending agreement. Question being taken, the motion was carried. 10. Fundy ReQion Solid Waste Commission's 2001 BudQet Consideration was given to a report from the City Manager commenting on the Fundy Region Solid Waste Commission's 2001 budget as submitted to Council on November 14, 2000, the increase of approximately $1,000,000 over the Commission's 2000 Operating Budget being attributable to (1) commencement of a composting operation at the Crane Mountain landfill and the distribution of compost carts to households in the area at a budgeted cost of $348,000 in 2001 ($252,000 for processing of the compost material and $96,00 for collection carts), (2) an increase of $360,000 in capital expenditures from operating funds, (3) an increase of $100,000 in public education costs, and (4) an increase of $60,000 in leachate management costs; and advising that, given the wide spread between the proposed tipping fee for residue waste versus segregated compost material, the City's cost could be significantly higher than budgeted amounts if the Commission is unsuccessful in promoting participation in the composting program. 88-256 COMMON COUNCIL DECEMBER 4, 2000 On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the 2001 budget submission of the Fundy Region Solid Waste Commission, along with associated borrowing resolutions. Councillor Court expressed concern about the City Manager's recommendation in light of the indication in the above report that the City's costs could be significantly higher than budgeted amounts if the Commission was unsuccessful in promoting participation in the composting program, noting that the Commission had not reached its target projected for the blue bin program, and Mr. Beckett made the observation that the substantive part of the Commission's program was previously approved by Council under separate discussion with the Commission and its budget reflects what could be viewed as a reasonable estimate of what it expects the diversion rates to be for the upcoming year based on the Commission's experience looking at other communities in terms of curbside collection carts and factoring into its budget their success factors, and the Commission's budget is an accumulation of, basically, a series of previous approvals from Council's standpoint that are now reflected in the overall numbers, including tipping fee numbers of which Council was advised a year ago. Councillor Vincent, noting his opposition to this project from day one, spoke on the basis of his view that the project was becoming more and more runaway with every budget and that, while it was redundant for him to keep on voting nay, he had no other alternative because the project would eventually put the City in such a devastating financial position that future Councils would wonder how anything could become so exorbitant compared to the $10 or $12 million the project was to cost. Question being taken, the motion was carried with Councillor Vincent voting "nay". * Added Items On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the City Manager's recommendations with regard to (1) a mutual release with Elm City Paving Ltd. on Contract 2000-3, asphalt resurfacing and (2) a partial release of easement on Golden Grove Road, which were considered in Committee of the Whole earlier this date, be added to the agenda of this meeting for consideration as items 10A and 10B, respectively. Question being taken, the motion was carried. *10A. Mutual Release Re Contract 2000-3 On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor and Common Clerk to execute the submitted mutual release with Elm City Paving Ltd. regarding Contract 2000-3, asphalt resurfacing 2000, to remove from the contract the resurfacing of McAllister Drive between Highmeadow Drive and Loch Lomond Road, including the intersection. Question being taken, the motion was carried. *10B. Partial Release Of Easement, Golden Grove Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City of Saint John release a 37 :t m2 portion of the municipal services easement over NBGIC Number 551464270n an unused portion of the old Golden Grove Road right-of-way, near McAllister Drive, as generally shown on the 88-257 COMMON COUNCIL DECEMBER 4, 2000 submitted plan, provided that prior thereto the owner of NBGIC Number 55146427, at his sole means and expense (1) relocates the water, sanitary sewer and storm sewer mains to the satisfaction of the Chief City Engineer, (2) grants to the City of Saint John any easement for municipal services as required by the Chief City Engineer for the relocation of the said municipal services, and (3) prepares all plans required for the release or granting of easements. Question being taken, the motion was carried. 11. Municipal Plan Amendment & Re-ZoninQ 11 KinQ William Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of General Freight Carriers Inc. for a Municipal Plan amendment and re-zoning of property located at 11 King William Road, and the submitted letters in objection were received in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of General Freight Carriers Inc. for a Municipal Plan amendment and re-zoning of property located at 11 King William Road 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 Monday, February 5, 2001, at 7:00 o'clock p.m. In response to Councillor Titus' questions on the process in terms of Council not proceeding further with the application or Council members voting against the above referral motion, Mr. Nugent expressed the opinion that, as there was no requirement in the legislation for Council to hold a public hearing every time someone submitted an application for an amendment to the Municipal Plan or Zoning By-law, there was an opportunity at this juncture for Council to decide in good faith that it was not going to proceed any further, although the legislation did not give any indication of the grounds on which a decision not to proceed further would be appropriate, nor was he aware of any cases in New Brunswick that dealt with that question, and Council members would be ill advised to arbitrarily say no. Mr. Nugent addressed the issue of individual Councillors participating in the public hearing, having voted against the referral motion and not on the prevailing side, believing they were in possession at this stage of all the material information that would allow them to come to a conclusion, referring to the test to which each Councillor must go through at the time of the public hearing in asking himself if he had irreversibly made up his mind and was not able to be convinced of a position other than that tentatively held. Question being taken, the motion was carried with Councillors Chase, Court and Titus voting "nay'. (Councillor Ball withdrew from the meeting as he was not present for the November 20, 2000 public hearing of the proposed re-zoning of property located adjacent to 1 Golden Grove Road.) 12. Zoning By-law Amendment & Imposing Of Section 39 Conditions - Property Adjacent To 1 Golden Grove Road On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P.100-544 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning all (or that portion not already zoned "B-2" General Business) of a parcel of land located adjacent to 1 Golden Grove Road (NBGIC Number 55146427), having an area of approximately 2000 square metres (1/2 acre), from "P" Park to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 88-258 COMMON COUNCIL DECEMBER 4, 2000 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the owner must maintain the parking area and the entrance driveway with asphalt pavement; (b) the owner must enclose the paved areas with continuous cast-in-place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; (c) curbing of the driveway must extend onto the City right-of-way to join with the street side curb and sidewalk; (d) the owner must provide adequate site drainage facilities (including catch basins, where necessary) in accordance with a detailed drainage plan, prepared by the owner and subject to the approval of the Chief City Engineer or his designate; (e) the owner must landscape all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, and the landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk; (f) the site must be developed and maintained in accordance with a detailed site plan, prepared by the owner and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, free-standing signs, exterior lighting, landscaped areas and any other site features; (g) the site plan indicated in condition (f) must be submitted to the Development Officer no later than January 31, 2001; (h) the owner must complete all improvements shown on the approved site and drainage plans no later than September 30, 2001; (i) the applicant must provide security, in the form of cash or letter of credit, in an amount to be determined by the Building Inspector and with an expiry date no earlier than November 30, 2001, to guarantee completion of all work illustrated on the approved site and drainage plans; and U) the development of the site must not be subsequently altered except in accordance with a revised site plan, prepared by the owner and subject to the approval of the Development Officer, and any resulting approved changes to the site development must be completed within one year of approval of the revised site plan. The by-law entitled, "By-law Number C.P.100-544 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 Ball re-entered the meeting.) 13. Traffic By-law Amendment - Truck Route Violations On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that 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", with regard to truck route violations, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Vincent withdrew from the meeting.) 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. Legal Session Resolution - Payment Of Award Of Compensation, Interest, Costs - Peeter Vihvelin Et AI V. The City Of Saint John Read a letter from the Common Clerk setting out a resolution adopted in Legal Session of Council on November 20,2000. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Solicitor, Common Council authorize the Commissioner of Finance to issue a cheque payable to the law firm of Gilbert, McGloan, Gillis in trust, for an amount of 88-259 COMMON COUNCIL DECEMBER 4, 2000 approximately $30,500 as shown in the submitted calculations, representing the award of compensation, interest from January 1996, costs and disbursements in the matter of Peeter Vihvelin et al v. the City of Saint John. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". 15. 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 November 20, 2000, when there were present Mayor McAlary and Councillors Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council amend its resolution of September 11,2000 pertaining to Wellington Street by: (1) deleting wherever it occurs "2,300 :t m2" and substituting therefor "1,660 :t m2"; and (2) deleting "9,400" and substituting therefor "6,800", and all other aspects of the resolution remain the same. 2. That as recommended by the City Manager, the City of Saint John acquire a fee simple interest in a 28 :t m2 portion of NBGIC Number 298166 at 597 Rothesay Avenue (as generally shown on the submitted plan), from Earlen and Frances Getchell for the price of $565 (plus HST, if applicable), such property required to accommodate the Marsh Creek Bridge replacement and street widening project and, as part of the transaction, the City of Saint John will: (1) prepare any plan of survey required for conveyance purposes; (2) pay to a maximum of $300 the legal costs incurred by Earlen and Frances Getchell to facilitate this transaction; (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction including the relocation of hydro poles and related street signage; and (4) authorize the Mayor and Common Clerk to sign all relevant documents. 3. That as recommended by the City Manager, the City of Saint John acquire a fee simple interest in an 81 :t m2 portion of NBGIC Number 55123152 at 584 Rothesay Avenue (as generally shown on the submitted plan), from Rowland and Majorie Daye for the price of $4,500 (plus HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project; and, as part of the transaction, the City of Saint John will: (1) prepare any plan of survey required for conveyance purposes; (2) pay to a maximum of $300 the legal costs incurred by Rowland and Majorie Daye to facilitate this transaction; (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction including the relocation of hydro poles and related street signage; and (4) authorize the Mayor and Common Clerk to sign all relevant documents. December 4, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Amendment To Council Resolution Re Proposed Closure And Subsequent Sale Of WellinQton Street On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. 88-260 COMMON COUNCIL DECEMBER 4, 2000 Question being taken, the motion was carried. 15.2. Acquisition Of Property 597 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 15.3. Acquisition Of Property 584 Rothesay Avenue On motion of Councillor Desmond Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 16. Greater Saint John Economic Development Commission (Enterprise Saint John) 2001 Objectives On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from Greater Saint John Economic Development Commission, Incorporated (Enterprise Saint John) submitting for Council's approval, as a follow up to its proposed budget for 2001, its Objectives for 2001 as approved by the Board of Directors on November 22,2000, be laid on the table until the Commission is available to make a presentation to Council and respond to questions in this regard. Question being taken, the tabling motion was carried with Deputy Mayor Chase voting "nay". 16A. ReQional Facilities Commission - 2001 FundinQ Allocation On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Regional Facilities Commission submitting a detailed schedule which shows the funding approved for each of its participating facilities and a breakdown of funding by municipal unit for 2001, be received and filed. Question being taken, the motion was carried. 17. Anna T. GeorQe - ParkinQ On Wentworth Street On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from Anna 1. George commenting on the parking situation on Wentworth Street, and asking for consideration in this regard, be referred to the City Manager and the Saint John Parking Commission. Question being taken, the motion was carried. 88-261 COMMON COUNCIL DECEMBER 4, 2000 18. New Brunswick Anti-Poverty Association Re Taxi By-law Committee Membership On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the letter from the New Brunswick Anti-Poverty Association suggesting the committee to look at the proposed Taxi By-law changes should have at least one representative of citizens living under the poverty line, be received and filed. The initial motion to refer the above letter to the committee for consideration as proposed by Councillor Trites and seconded by Councillor Vincent was withdrawn with the consent of the mover and seconder, the Mayor having clarified that, rather than there being a new Taxi By-law committee in place, a number of Council members would be reviewing the proposed new By-law, which has been given first and second readings, and perhaps recommending some amendments to it prior to proceeding to third reading. Question being taken, the motion was carried. 19. Cherry Brook Zoo & Vanished KinQdom Park - Re Future On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter on behalf of the Chairman and Board of Trustees of Cherry Brook Zoo of Saint John Incorporated advising of its agreement, by motion, that the Cherry Brook Zoo would remain open, being able to decrease its carry over deficit due to a fortuitous bequest and the support of the community; and advising that the Board and staff will continue to look at alternatives and options for future funding but will require the continued support of the City of Saint John, be received and filed. Question being taken, the motion was carried. 20. Enbridge Gas New Brunswick Inc. - Amendment To Section 39 Conditions Re-ZoninQ, Chesley Drive On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the application of Enbridge Gas New Brunswick Inc. for an amendment to the Section 39 conditions of re- zoning of property on Chesley Drive 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 Monday, January 8, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 21. Saint John Art Club Inc.; (b) Peter Buckland Gallerv Re Aitken Bicentennial Exhibition Centre On motion of Councillor White Seconded by Councillor Trites RESOLVED that the letter from (a) Saint John Art Club Inc. and (b) Peter Buckland Gallery, in support of the Aitken Bicentennial Exhibition Centre and its grant needs, be received and filed. The initial motion proposed by Councillor Desmond to refer the above letters to the Regional Facilities Commission was not seconded, the Mayor having recommended that they be received and filed as there was no appeal on budgets approved by the Commission. Question being taken, the motion was carried. 88-262 COMMON COUNCIL DECEMBER 4, 2000 22. Ben Curry and Sheri Doiron - Removal Of Ban On OverniQht ParkinQ On Main Street On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Ben Curry and Sheri Doiron requesting the removal of the ban on overnight parking on Main Street between Adelaide Street and Douglas Avenue, and submitting a petition from area residents in this regard, be referred to the City Manager. Question being taken, the motion was carried. Adjournment The meeting adjourned. Common Clerk