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2002-04-02_Minutes 89-1 COMMON COUNCIL APRIL 2, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the second day of April, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; G. Yeomans, Comptroller; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; D. Crawford, Deputy Building Inspector; D. Logan, Purchasing Agent; R. Simonds, Deputy Fire Chief; A Bodechon, Deputy Chief of Police; Ms. A Poffenroth, By-law Enforcement Officer; Ms. C. Mosher, Assistant 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. Mayor McAlary extended condolences to the family and friends of Tracy L. Dowe, who was a City employee, and William Earle, a former City employee, who passed away recently. The Mayor advised that a book would be available on the 8th Floor of City Hall in which people can express their condolences to the Royal Family on the death of Queen Elizabeth, The Queen Mother. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that a letter of condolence be forwarded on behalf of the citizens of the City of Saint John to the members of the Royal Family on the passing of Queen Elizabeth, The Queen Mother. Question being taken, the motion was carried. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on March 18, 2002, be approved. Question being taken, the motion was carried. 3. VestinQ Of Fire Or Service Lanes - Tisdale Place The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed vesting in the City of Saint John of the fee simple in the so-called 15-foot wide "fire lane" or "service lane" at Tisdale Place, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the fee simple in the so- called "fire lanes" or "service lanes, described as follows, vest in the City of Saint John subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners: 89-2 COMMON COUNCIL APRIL 2, 2002 ALL THOSE CERTAIN lands situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick and more particularly described as those lanes or portions thereof having a width of 15 feet more or less, commonly referred to as "fire lanes" or "service lanes" shown on the "Plan of Tisdale Place Situate at St. (sic) John, N.B.", dated February 20th, 1913 and filed in the Saint John County Registry Office as File 8 #36 lying within the boundaries of lands assigned PID 00322180 by Service New Brunswick. Question being taken, the motion was carried. 4. Street ClosinQ Bv-Iaw Amendment - Rope Walk Road The Assistant 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 Rope Walk Road, and no written objections were received in this regard, a 4{b) a letter having been received from Catherine A. White advising that she has no objections to the closing of that portion of Rope Walk Road but is concerned about the end by Robins as, with the increase of traffic, there are no sidewalks or curbs. 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 Rope Walk Road, be read a first time. Mayor McAlary advised she was contacted by Catherine White who requested the City to look into the continuation of the sidewalk along Rope Walk Road because it is used by many people walking to the Somerset Community Center, Centennial School and the Atlantic Superstore. 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 Deputy Mayor White 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 Rope Walk 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". 4{b) On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Catherine A. White expressing concern regarding the lack of sidewalks or curbs at the end of Rope Walk Road, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 7. Council MeetinQ Schedule Read a letter from Mayor McAlary submitting a proposed schedule of open Council meetings from April through September 2002; noting that the schedule indicates that, during the months of June, July and August, Council would be meeting on a bi-weekly basis; and requesting approval of the schedule. 89-3 COMMON COUNCIL APRIL 2, 2002 On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that Council approve the following Common Council meeting schedule, as submitted by the Mayor, for April through September 2002, with the meetings to commence at 7:00 o'clock p.m.: April 2, April 8, April 15, April 22, May 6, May 13, May 21, May 27, June 10, June 24, July 8, July 22, August 6, August 19, September 3, September 9, September 16, September 23. Question being taken, the motion was carried. 9. Draft Of Revised Constitution To Establish Metropolitan Saint John Arts & Culture Committee Read a letter from Councillor Teed advising that, further to the January 14,2002 presentation to Council by the Post Arts Summit Steering Committee of a draft by-law to appoint the Greater Saint John Arts & Cultural Board, he has taken the liberty of reviewing and revising the draft constitution to make it compatible with the City policy respecting advisory committees. Councillor Teed proposed a motion that the submitted draft be tabled for two weeks to enable interested persons to consider the same whereupon Mayor McAlary asked Councillor Teed's consideration of a motion to refer the matter to the City Manager for inclusion in his report to Council in this regard. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 10. Old Business Or Referred Motions Of Council Consideration was given to a letter from Councillor Teed referring to Common Council resolution of February 12, 2001 that an item be included on the Council agenda on a monthly basis for old business or referred motions so that Council can be updated in this regard in that a review of Council meetings indicates that no monthly report has been made for the following items which were referred to the City Manager from the Council meetings on the dates indicated: (1) June 4,2001 - Julie Esselmont - Mispec Park - Reversing Falls; (2) June 18, 2001 - hiking and walking trail along portion of former CPR right-of-way; (3) June 18, 2001 - matter of having City Market weigh scales developed; (4) June 18, 2001 - availability of permanent outdoor stage for presentation by organizations; (5) June 25, 2001 - Lancaster Florists - traffic problems on Main Street West; (6) July 9, 2001 - vehicle traffic on Boars Head Road / Woodward Avenue; (7) July 9,2001 - Market Committee appointments per Market By- law; (8) October 9, 2001 - Red Head embankment problem; (9) December 10, 2001 - City art collection; and (10) Alan Benton - traffic at Simms Corner; and proposing that this list be referred to the City Manager for a report as set out in the Council resolution. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the above letter be referred to the City Manager for a report at the next meeting of Common Council. Question being taken, the motion was carried. 11. Lack Of Public Facilities Or Washrooms In City Read a letter from Councillor Teed bringing to Council's attention the lack of public facilities or washrooms in the City; suggesting that a possible solution to this and a growing concern over the traffic problems between vehicles and pedestrians at King Street / Charlotte Street / King's Square would be to establish an underground passageway from King's Square to North and South King Street under Charlotte Street 89-4 COMMON COUNCIL APRIL 2, 2002 and locate public facilities in this passageway; and proposing that the concept of an underground pedestrian passageway with public facilities be referred to the City Manager for a report. Councillor Teed proposed a motion, which was not seconded to refer the above matter to the City Manager for a report. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above letter be received and filed. Question being taken, the motion was carried with Councillor Teed voting "nay". 12. Water & SeweraQe Extensions To Enable New Developments Read a letter from Councillor Teed referring to the submitted excerpt from the Municipalities Act dealing the provision of water and sewerage services as a local improvement and the use of a special assessment upon the abutting parcels, according to the extent of their respective metre frontages, by an equal special rate per metre frontage sufficient to defray such cost; noting the problem facing the City in terms of the water and sewerage system extensions to enable new development in that it seems reasonable to him that the provisions of the Act should be used for the extension of water and sewerage along Sandy Point Road to the junction of Kennebecasis Drive. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager for the purpose of reporting to Council if such a program could be used and if it could expedite the Sandy Point Road extension and also if there is any reason why such could not be a realistic and desirable method of extending water and sewerage services, and for consideration in the Water Rate Study report. Mr. Groody advised that this concept was presently being looked at in conjunction with the Water Rate Study, and Councillor Trites advised that he would support the motion if it included referral for consideration in the Water Rate Study. The Mayor called for the question on the motion as set out. Question being taken, the motion was carried. 13. Tax Relief To Assist In Apartment BuildinQ Improvements Consideration was given to a letter from Councillor Chase advising that it has been expressed to him that there is a disincentive to landlords to maintain their buildings because, when they undertake to improve their property, it increases the value and subsequently increases the taxes paid on the property; and proposing that a program be developed which would effectively remove this disincentive in the form of a tax relief on increased assessment for a certain period so as to give the landlord an opportunity to recoup his expenditure, and the City would benefit by having improved housing stock that would be both visually appealing and safe to live in; and asking for Council's support in requesting the City Manager to review this idea and report back to Council with a recommendation. On motion of Councillor Chase Seconded by Councillor Teed RESOLVED that the above matter be referred to the City Manager. Mayor McAlary expressed the opinion that tax relief should not be given to only certain individuals as tax payers should be treated on a consistent and fair basis. Councillor Fitzpatrick spoke against the motion, indicating that he would not reward landlords who have total disregard for safety and take advantage of their tenants; and Councillor Desmond advised that he did not think the City had any right to offer a tax reduction as property assessments were done by the Province. Councillor Court 89-5 COMMON COUNCIL APRIL 2, 2002 questioned who would be paying for this tax reduction and advised he would not be supporting the motion; and Councillor Trites advised he would support a motion to lobby the other levels of government encouraging them to reinstate their housing programs. Question being taken, the motion was lost with Mayor McAlary , Deputy Mayor White, Councillors Ball, Desmond, Court, Fitzgerald, Fitzpatrick, Titus, Trites voting "nay". 14. Acadian Railwav Luxurv Train Vacations On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the report from the City Manager outlining the anticipated economic impact of the Acadian Railway luxury train vacations and the details of City tourist staff involvement in this new product, further to Council's referral of March 11, 2002 of Councillor Teed's letter on a new luxury cruise line on rails, be received and filed. Question being taken, the motion was carried. 15. 65 Lake Cove Lane / Loch Lomond Watershed Read a report from the City Manager providing a detailed chronology of the pertinent experiences from early 1980 to December 5, 2001 regarding the property at 75 Lake Cove Lane, which is located on the southern shore of First Loch Lomond Lake and owned by Richard Merzetti, and on which a two-storey home has been constructed approximately 130 feet (40 metres) from the shore of First Lake; advising that staff contacted Mr. Merzetti who admitted that he had not obtained any permits for the building because he was aware he would not be entitled to build at that location because it was within the watershed, and also contacted the Department of Environment and Local Government, the Department of Health, and the City of Saint John Water and Sewerage Division to discuss what action, if any, should be taken; also advising that Mr. Merzetti's application to the Department of Environment and Local Government for an exemption to the watercourse setback designation was denied, and City staff has had a number of meetings with Mr. Merzetti respecting the construction of this building, staff's opinion being that the building must be removed so as to be no closer than 500 feet (150 metres) from the shore of the Lake, although given the configuration of Mr. Merzetti's property, this is unlikely and Mr. Merzetti acknowledges that he may have to remove the home, although not voluntarily; and also advising that, the Department of Local Government has indicated that it supports the City's position, however, it feels that the City should initiate legal proceedings to have the building removed. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City Solicitor be instructed to explore any and all legal avenues which would lead to the removal of the building at 65 Lake Cove Lane in the Loch Lomond watershed as soon as possible. Question being taken, the motion was carried. 16. Provision Of Compensatory Storage Westmorland Road Development Read a report from the City Manager advising of the request of First Professionals for the City to sell an additional 12,900 cubic metres of compensatory storage to allow for the construction of another building at its development on Westmorland Road, and it is anticipated that the construction of this building will complete the overall development at this location. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, First Westmorland Shopping Centres Ltd. be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each 89-6 COMMON COUNCIL APRIL 2, 2002 cubic metre of flood storage displaced by the development, up to 12,900 cubic metres, at Westmorland Road, and the report be received and filed. (Rescinded November 4, 2002 Bk 89 pg 354 ) Question being taken, the motion was carried. 17. Payment To CNR For Easements AlonQ Rothesav Avenue Consideration was given to a report from the City Manager advising of staff's negotiations over the past two years with representatives of the Canadian National Railway (CNR) of a settlement for various municipal services easements granted at the time of CNR's disposition of lands along Rothesay Avenue, there being two types of easements involved in this matter - the first being easements that vested with the City upon filing of a subdivision plan, for which it is simply a matter of payment; the second being easements that will require a document signed by all affected parties and, besides CNR, there are six other affected property owners and obtaining their concurrence and signatures will take time; listing the seven "vested" easements for which the proposed settlement is $20,000. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the City of Saint John pay the Canadian National Railway Company $20,000, plus HST (if applicable), for the municipal services easements along Rothesay Avenue vested on various subdivision plans filed in the Saint John County Registry Office as numbers 200526, 11491165, 13458097, 11753564, 13458097, 11467850, 11633873, 200671 and 11445710. Question being taken, the motion was carried. 18. Application To Re-Zone Property On McAllister Drive Consideration was given to a report from the City Manager referring to the application of SCA Plaza Inc. (which is on the agenda of this meeting under item 37) for the re-zoning of the Simonds Arena property from "P" Park to "SC" Shopping Centre classification for the commercial redevelopment of the site; and noting that, as the City of Saint John owns this property, the proponent must obtain the City's consent in order to proceed with the re-zoning application. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council authorize the necessary application to re-zone the Simonds Arena property on McAllister Drive, having an approximate area of 1.1 hectares (2.7 acres), also being identified as PID Number 00307867, from "P" Park to "SC" Shopping Centre classification. Question being taken, the motion was carried. 19. Tender For PrintinQ Visitor Guides On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the tender of Maritime Press Ltd., Pictou, NS, in the amount of $34,884.90, be accepted for the printing of 80,000 English and 10,000 French versions of the Tourism Information Guide for the City of Saint John. Councillor Fitzgerald spoke in support of awarding the tender to the Saint John company considering that there was only $1,800 difference in the bid and it would mean work for a local company. Question being taken, the motion was carried with Councillor Fitzgerald voting "nay". 89-7 COMMON COUNCIL APRIL 2, 2002 20. BuildinQs Located At 210-214,224-226 Main Street Read a report from the City Solicitor advising that the City's Standards Officer found both buildings located at 210-214 Main Street and 224-226 Main Street, the registered owner being 507258 N.B. Ltd. (the "Corporation"), to be in violation of the standards set out in the Residential Properties Maintenance and Occupancy Code of the Province of New Brunswick (the "Code") and the City's Minimum Property Standards By- law (the "By-law"); and that the Corporation has failed to comply with Orders requiring it to bring the buildings into compliance with the standards of the Code and of the By-law; also advising that in reference to the authority of the Municipalities Act, Section 106.1, which authorizes municipalities to apply to the Court of Queen's Bench for an Order when a person has contravened or failed to comply with a by-law enacted under that Act, that an Order from the Court of Queen's Bench may be sought which would prohibit occupancy until safety related matters, such as handrails, electrical wiring, etc. have been brought into compliance with the appropriate standards; and proposing, if Council wishes to proceed, a resolution with regard to such an Order. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Solicitor, Mr. William Edwards be designated and authorized to apply on behalf of the City of Saint John to the Court of Queen's Bench for an Order with respect to the building at 210-214 Main Street, Saint John, N.B., and for an Order with respect to the building at 224-226 Main Street, Saint John, N.B. that will require that the relevant building shall not be occupied until identified safety related matters have been brought into compliance with the appropriate standards of the Residential Properties Maintenance and Occupancy Code of the Province of New Brunswick and the Saint John Minimum Property Standards By-law and will require that individual apartments are not to be occupied until the apartment has been brought into compliance with the appropriate Code and By-law standards. Responding to a question concerning the possibility of the company changing its name and whether the City would have to go back to court, Mr. Nugent advised that if ownership of the property changed then the City would have to address the new owners. (Councillors Court and Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 21. (a) Municipal Plan and (b)Zoning By-law Amendments And ImposinQ Section 39 Conditions, 1099 Golden Grove Road On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, be read. Question being taken, the motion was carried. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 89-8 COMMON COUNCIL APRIL 2, 2002 Question being taken, the motion was carried with Councillor Desmond voting "nay". (Councillor Fitzpatrick re-entered the meeting.) Read a third time the by-law entitled, "A Law To Amend The Municipal Plan By-law". 21{b) On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 2,320 square meters (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, be read. Question being taken, the motion was carried with Councillor Desmond voting "nay". The by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 2,320 square meters (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property is restricted to the applicant's proposal for self-storage rental units and a garage to be used for personal use by the property owner, and that it not be used for commercial use; (b) the site shall not be developed, except in accordance with a detailed site plan indicating the location of all buildings, structures, parking areas paved with asphalt, driveway access, landscaping, drainage, and any other site features, such plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, and the approved site plan must be attached to the application for a building permit for this development; (c) all site improvements shown on the approved site plan must be completed within one year of the issuance of a building permit for this development; (d) the height of the storage units on the property must not exceed 12 feet; (e) the height of the proposed garage on the property must not exceed a height of 18 feet; and (f) there be no outside storage of any material on the property whatsoever. Question being taken, the motion was carried with Councillor Desmond voting "nay". (Councillor Court re-entered the meeting.) Read a third time the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John". 5. UnsiQhtlv Property - 1468 Rothesav Road Notice had been given to Walter Deitrich Langguth to appear to show cause, if any, why Common Council should not find the property located at 1468 Rothesay Road to be in an unsightly condition and require him to remedy the condition, with such time as Common Council may specify, by either removing the unsightly items from the Langguth property or by relocating them to another place on the Langguth 89-9 COMMON COUNCIL APRIL 2, 2002 property in such a manner that they are not unsightly to persons passing by on Rothesay Road or to neighbours. Consideration was given to a report from the City Manager advising that Buildings and Technical Services staff has been dealing with Walter Deitrich Langguth, the registered owner of the property located at 1468 Rothesay Road (NBGIC Numbers 297028 and 55008460), since 1983 concerning the unsightly condition of the property and, although the property was cleaned up in July 1989 following an Order by Provincial Court Judge McNamee, it returned to an unsightly condition the next year and a similar cycle has continued since then with the property now being in such a condition that it is unsightly; submitting a copy of the Notice to Appear before Common Council at this meeting, served on March 22, 2002 to Walter Deitrich Langguth; and recommending adoption of the submitted resolution. Mr. Edwards, through a computer-aided presentation including photographs of the subject property, apprised Council of the dangerous and unsightly condition of the building as indicated in the above correspondence, his office having had discussions with the owner over a number of years, with very little success regarding items on the property which could be categorized as debris, junk and rubbish; and also advised that, while Mr. Langguth indicated to his office that the condition of his property did not concern him and the City was free to take appropriate action, he contacted the Deputy Building Inspector earlier today and advised that over the next few weeks he would make an effort to remove the debris from his property. Mr. Edwards related background on the City's involvement with this unsightly property, and requested Council to adopt the submitted resolution. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Walter Deitrich Langguth to be the registered owner of two adjacent parcels of land (herein called "the Langguth property") that are located on the East side of the Rothesay Road and have civic number 1468 Rothesay Road in the City of Saint John, N.B. The Langguth property is described in the deed from Robert J. and Nina A. Arsenault to Walter Deitrich Langguth that was dated May 27, 1960, and was registered in the aforesaid Registry Office on May 30, 1960, in book 370 as number 179694 at page 418 and following (see the submitted Schedule "A"), and in the deed from Erwin George Langguth to Walter Dietrich Langguth that is dated September 14, 1989, and was registered on September 28, 1989, in book 1374 as number 357129 at pages 494-497 (see the submitted Schedule "A-1"). The said parcels of land are identified by PI D numbers 297028 and 55008460 and are shown on the PLANET maps that are submitted hereto as Schedules "B" and "C". Copies of the PLANET parcel information report for each parcel are submitted as Schedules "D" and "E", and show Walter Deitrich Langguth as the owner. The Langguth property has PAN number 1512204, and the PLANET PAN Information reports for each parcel are submitted as Schedules "F" and "G" and show Walter Deitrich Langguth as owner: AND WHEREAS The City of Saint John, pursuant to the authority of subsection 190(1) of the Municipalities Act (Chapter M-22 of RSNB), enacted the by-law that is entitled "A By- law Respecting Dangerous Or Unsightly Premises Within The City of Saint John", (herein called "the by-law"), and the Langguth property is located within the area mentioned in the by-law. The by-law (a copy was submitted as Schedule "H") provides that section 190 of the Act applies to the entire area comprising the City of Saint John. Section 190(2)(b) of the Act provides "190(2)(b) No person shall permit to be or to remain on such property owned or occupied by him in such area or areas mentioned in a by-law made under subsection (1) any ashes, junk, cleanings of yards, bodies or parts of automobiles or of other vehicles or machinery, rubbish or refuse, so as to cause such place to be dangerous, unsightly or unhealthful to all or any part of the public". A copy of section 190 of the Act was submitted as Schedule "I" AND WHEREAS, contrary to the by-law, the Langguth property is in an unsightly condition because of the following unsightly items being upon the property in such a location that they are easily visible to persons walking or driving along Rothesay Road: 89-10 COMMON COUNCIL APRIL 2, 2002 Automobile bodies: Brown Dodge van - no license plate Grey Ford escort jacked up - expired license plate BBJ 385 - full of junk inside Blue Dodge ram van - expired license plate CDP 025 - full of junk inside White Ford escort - no license plate - rear window broken out Parts of vehicles: Tires Car ramps Radiator parts Rusty motor Batteries Windshield Fender off a trailer Radiators Front end off a truck Electric motor Gas cans Gas tanks Trailer frame Items of junk: Various sizes of carpet pieces Cardboard boxes Wood scraps / pieces and paneling Paint cans Plastic pails Metal pails / buckets Metal tubing Plastic tubing Various kinds of pipes Old lamp Rusty spray paint containers Sink and countertop Old treadmill Various large drums full of garbage Old Shop vacuum Beer bottles Two dollies Old lamp post The unsightly condition of the Langguth property on March 14, 2002, December 13, 2001, September 4, 2001, and August 3, 2000, is shown in the photographs that were submitted as Schedules "J", "K", "L", and "M". AND WHEREAS Walter Deitrich Langguth ignored notices from The City of Saint John that required him to remedy the unsightly condition of his property. A copy of the notice that is dated August 23, 2000, was submitted as Schedule "N": BE IT RESOLVED that Walter Deitrich Langguth is hereby required to remedy the unsightly condition of the Langguth property within 15 days of being served with a notice from the Building Inspector of The City of Saint John by either removing the unsightly items from the Langguth property or by relocating them to another place on the Langguth property in such a manner that they are not unsightly to persons passing by on Rothesay Road or to neighbors: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve upon Walter Deitrich Langguth, in accordance with section 190(4) of the Municipalities Act, a notice which requires him to, within 15 days of service, remedy the unsightly condition by either removing the unsightly items from the Langguth property or by relocating them to another place on the Langguth property in such a manner that they are not unsightly to persons passing by on Rothesay Road or to neighbors: BE IT FURTHER RESOLVED that in the event that Walter Deitrich Langguth does not comply with the Building Inspector's notice, then the Building Inspector is authorized to lay charges in the Provincial Court of New Brunswick and to seek a compliance order from a judge of that court. The Building Inspector is also authorized, in the event that Walter Deitrich Langguth does not comply with a Provincial Court compliance order, to apply to the 89-11 COMMON COUNCIL APRIL 2, 2002 Court of Queen's Bench of New Brunswick for an order that would require Walter Deitrich Langguth to remedy the unsightly condition of his property within such time as the judge may allow and would, in the event that Walter Deitrich Langguth does not comply with the order, authorize The City of Saint John to, at the expense of Walter Deitrich Langguth, cause the unsightly condition to be remedied by removing the unsightly items from the Langguth property and disposing of the unsightly items: AND FURTHER that a copy of the report from the City Manager regarding the unsightly condition of the building located at 1468 Rothesay Road be forwarded to the Minister of Environment and Local Government to encourage her to pursue an amendment to the Municipalities Act with respect to expediting the process and recouping costs. Mr. Edwards responded to questions regarding his presentation. Councillor Fitzpatrick proposed an amendment to the motion, which was seconded by Deputy Mayor White, that a copy of the report from the City Manager regarding the condition of the building located at 1468 Rothesay Road be forwarded to the Minister of Environment and Local Government, and the Mayor called for the question on the motion as set out above. Question being taken, the motion was carried. 6. Proposed New BuildinQ Bv-Iaw Read a report from the City Manager submitting a draft of a proposed new Building By-law, copies of which have been circulated to all stakeholders in the community and on which significant discussions have been held with the Construction Association, the Board of Trade, the Architects' Association, the Homebuilders Association and the Association of Professional Engineers and Geoscientists, and recommending that, following a presentation by the Building Inspector, Council give first reading to the proposed new By-law and refer the matter to the Planning Advisory Committee for its comments. Mr. Edwards thanked staff members David Crawford, Amy Poffenroth and Bernard Cullinan, Solicitor for their work in preparing the proposed new Building By-law and, through a computer-aided presentation, explained the need for a new by-law in terms of litigation - due diligence, the proposed new National Building Code of Canada being introduced in 2003 and new technologies in construction; and, on the issue of litigation - due diligence, Ms. Poffenroth and Mr. Crawford addressed Council, in turn, on the Supreme Court decisions in the case of a St. Andrews, NB company - Hospitality Investments Ltd. - vs. Lord Building Construction Ltd., and the case of a Toronto, Ontario company - Ingles vs. Tutkaluk, and Mr. Edwards reviewed Saint John experiences regarding litigation cases for properties on Germain Street, Hillcrest Road, Wyatt Crescent and Grandview Avenue. Mr. Edwards described the proposed 2003 Building Code, which is to include performance-based in addition to prescriptive criteria, as ground breaking for Canada compared to the current Code of 1995 which is prescriptive in nature; and advised of the manner in which input was sought on the proposed new Building By-law, the objective of the new By-law being to clearly outline the City's requirements and responsibilities with regard to permits and inspections and clearly set out the responsibility of owner/contractor with regard to arranging for mandatory inspections; providing mandatory documentation and ensuring development meets the Code and the By-law. Mr. Edwards concluded his presentation with a review of the six required inspections and highlighting owners' responsibilities to notify the Building Inspector 72 hours before the required inspections are needed and to provide certification from a qualified professional conforming a Part 4 building meets the By-law; and requested that first reading only be given to the proposed By-law followed by a referral to the Planning Advisory Committee for its input On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 101 A By-law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", be read a first time, and referred to the Planning Advisory Committee for its input. Discussion followed regarding Mr. Edward's presentation during which time he advised that the submitted fee schedule was comparable to other municipalities. 89-12 COMMON COUNCIL APRIL 2, 2002 Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 101 A By-law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". 22. Zoning By-law Amendment To Re-Zone Property At 1111 Churchland Road & 2000 Golden Grove Road On motion of Councillor Desmond Seconded by Councilor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns (1) re-zoning a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portions of PID Numbers 352047 and 353581), having an area of approximately 110 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential, "RFM" Rural Mobile Home, "RF" Rural and PQ" Pits and Quarries to "P" Park classification, and (2) re-zoning of a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (a portion of PID Number 353581), having an area of approximately 65 acres, from "RF" Rural to "PQ" Pits and Quarries classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns (1) re-zoning a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portions of PID Numbers 352047 and 353581), having an area of approximately 110 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential, "RFM" Rural Mobile Home, "RF" Rural and PQ" Pits and Quarries to "P" Park classification, and (2) re-zoning of a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (a portion of PID Number 353581), having an area of approximately 65 acres, from "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning of the subject property located at 1111 Churchland Road and 2000 Golden Grove (being portions of PID Numbers 352047 and 353581), be subject to the following conditions: (a) the use of the land is restricted to the applicant's proposal to develop a golf course on the subject site; (b) access to the golf course shall be from Golden Grove Road via an asphalt-paved driveway leading to an asphalt-paved parking area for patrons of the facility; (c) a minimum 30-metre (100-foot) treed buffer shall be maintained along the northern and western boundaries of the site adjacent to the residential areas and Dolan Lake; (d) no liquor licence is permitted other than a special facility licence for the main clubhouse; (e) the site shall not be developed except in accordance with a detailed site plan indicating the location of all buildings, structures, parking areas, driveway access, and other site features, such plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, and the approved site plan must be attached to the application for change-of- use/building permit for the proposed golf course; and (f) all site improvements shown on the approved site plan must be completed within one year of issuance of the first building permit for the development. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John". (Councillor Chase withdrew from the meeting.) 89-13 COMMON COUNCIL APRIL 2, 2002 23. Street Closing By-law Amendment - Westmorland And Saint Catherine Streets And Havs Avenue On motion of Councillor Titus Seconded by Deputy Mayor White 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 respect to the stopping up and closing of the following portions of highway: WESTMORLAND AND SAINT CATHERINE STREETS AND HAYS AVENUE: ALL those certain streets or portions thereof at "Tisdale Place" so-called in the City of Saint John in the County of Saint John and Province of New Brunswick, and shown on the "Plan of Tisdale Place Situate at St. (sic) John, N.B." dated Feb. 20th, 1913 and filed in the Saint John County Registry Office as File 8 # 36 and more particularly described as: (1) Hays Ave. - a sixty-six (66') foot wide street beginning on the easterly sideline of Red Head Road now Bayside Drive and extending eastwardly for its entire length. (2) All that portion of Westmorland Road now Westmorland Street a sixty-six (66') foot wide street lying within the boundaries of the lands assigned PID 00322180 by Service New Brunswick. (3) All that portion of Saint Catherine Street a one hundred (100') foot wide street lying within the boundaries of lands assigned PID 00322180 by Service New Brunswick - be read. Question being taken, the motion was carried. The by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Desmond 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 respect to the stopping up and closing of portions of Westmorland and Saint Catherine Streets and Hays Avenue, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third 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". 24. 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, March 25, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendation, namely: 1. That Common Council approve a salary step adjustment for the City Solicitor to Step 2, Group M, effective January 1,2002. Tuesday, April 2, 2002, Respectfully submitted, (sgd.) Shirley McAlary, 89-14 COMMON COUNCIL APRIL 2, 2002 Saint John, N.B. C h air man. 24.1. Salarv Adjustment - City Solicitor On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that agenda item 27 be brought forward for consideration at this time. Question being taken, the motion was carried. 27. Enterprise Saint John - Changes To Letters Patent In BecominQ Community Economic Development AQencv Read a letter from Stephen MacMackin, Chairperson, Enterprise Saint John, advising that the Board of Directors has approved, subject to obtaining the approval and consent of each participating municipality, Special By-law "A", as submitted, to amend the Letters Patents as part of the process towards becoming a community economic development agency; and requesting Council's approval of Special By-law "A" and its consent to an amendment of the Board's operating By-laws to permit the creation of the position of "Past Chairperson" as an officer of the Company. Responding to a question from Mayor McAlary, Mr. Nugent advised that a motion was required to approve the application to amend the Letters Patent. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that Common Council approve the application to amend the Letters Patent as set out in the submitted Special By-law "A" in the letter from Enterprise Saint John. Moved in amendment by Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that Section B - Criteria for Selection of Directors, be deleted from Special By-law "A". Councillor Fitzpatrick expressed the opinion that Section B was not necessary as the By-law included the composition of the Board and it should not be necessary to spell out the criteria in the Letters Patent and Council should have the right to say whom it wants on the Board, and also that the criteria could be agreed to once the new body was up and running. Mr. Nugent advised that, if Council wished to remove Section B, it was clearly within Council's prerogative to do so; however, what would be required in order for this to go forward would be the consent of the other three participating municipalities to do that. Councillor Ball expressed the view that arts and culture should be included as one of the sectors to be focused on when appointing Board Members. Question being taken, the amendment to the motion was carried with Councillor Ball voting "nay". Question being taken, the motion, as amended, was carried. Mr. Nugent noted the request for Council to consent to an amendment to the Board's operating By-laws to permit the addition of the position of "Past Chairperson" as a member of the executive of the Board. It was suggested that Ray French, who was present at the meeting, might wish to respond to questions in this regard. 89-15 COMMON COUNCIL APRIL 2, 2002 On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that Ray French be invited to address Council at this time in the above regard. Question being taken, the motion was carried. Mr. French explained that the Board would like to expand the Executive to include the position of Past Chairperson as an officer of the Company as, organizationally, it was thought to be a good idea to have this as a position the same as other organizations have past presidents in an active role, and advised that the Executive currently included the positions of Chair, Vice Chair, Secretary and Treasurer. Councillor Teed spoke against the proposed Past Chairperson position and suggested an amendment to create a 2nd Vice President position. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that Council not consent to an amendment to the operating By-laws of Enterprise Saint John to create the position of Past Chairman as an officer of the Company but the position of 2nd Vice Chairman be added. The initial motion proposed by Councillor Teed and seconded by Councillor Titus was that the position of Past Chairman be struck out and the position of 2nd Vice President be inserted. Mr. Nugent clarified that the letter from Enterprise Saint John dealt with two matters, one being the proposed changes to the Letters Patent which, as he understood it, did not deal with the By-laws of the Company, and Council adopted the above resolution to approve an application to be made for certain changes to the Letters Patent; the second matter being the addition of a past chairperson to the Executive of the Board with which Council, as he understood it, still had to deal. The Mayor cited the motion on the floor as set out above, and Councillor Trites commented in terms of the expertise and experience available to the Board with the past chairperson as an officer. Question being taken, the motion was lost with Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Desmond, Court, Fitzgerald, Fitzpatrick and Trites voting "nay". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Common Council endorse the request of Enterprise Saint John to amend its operating By-laws to permit the creation of the position of Past Chairman as an officer of the Company. Question being taken, the motion was carried with Councillor Teed voting "nay". 24A. 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 March 11 and March 18,2002, and submits the following recommendation, namely: 1, That Brian Cunningham, Ray French, Shelley Rinehart, Roly Macintyre and Stephen D. MacMackin (Board of Trade nominee) be the City of Saint John appointees on the Board of Directors of the Greater Saint John Community Economic 89-16 COMMON COUNCIL APRIL 2, 2002 Development Agency, Incorporated, effective on the establishment of the said Community Economic Development Agency. Tuesday, April 2, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 24A. Appointments To Community Economic Development AQencv On motion of Councillor Desmond Seconded by Councillor Ball REOLVED that the above report be received and the recommendation therein be adopted. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 25. Planning Advisory Committee - Street VestinQ (WideninQ) 37 Somerset Street On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plan that would vest a 52-square metre (560-square foot) area of land at the front of the subject property at 37 Somerset Street, being portions of PID Numbers 00025460 and 55155147, as part of the Somerset Street public right-of-way. Question being taken, the motion was carried. 26. Harbour Station Commission - East Coast Music Awards On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from the Harbour Station Commission submitting a letter from Shauna Walters, Production Manager of the 2002 East Coast Music Awards Gala congratulating Michael Caddell, General Manager, and the staff at Harbour Station for their outstanding performance during the ECMA Gala, be received and filed, and a letter of congratulations be forwarded to Mr. Caddell and the staff at Harbour Station. Question being taken, the motion was carried. 28. Minister Of Education - University Of New Brunswick Act On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from The Honourable Dennis J. Furlong, Minister of Education, advising that, further to Common Council resolution of February 18, 2002 requesting an amendment to the University of New Brunswick Act to provide for an alternative member to the Mayor, in her absence, to attend Board of Governors meetings, he has been informed by the University Secretariat of the University of New Brunswick that other unrelated amendments to the Act are currently being considered and it seems appropriate that Council's request should be forwarded directly to that office for further consideration, be received and filed. Councillor Teed suggested a copy of the resolution be forwarded to the University of New Brunswick; Mayor McAlary responded explaining that Council has the authority to send the resolution to the Minister of Education. Question being taken, the motion was carried with Councillor Teed voting "nay". 89-17 COMMON COUNCIL APRIL 2, 2002 29. FCM - Kvoto Protocol Consideration was given to a memo from Jack Layton, President of the Federation of Canadian Municipalities, referring to the precautionary approach to climate change from greenhouse gases being added to the air, which governments did in 1992 in agreeing to the Framework Convention on Climate Change and again in 1977 when they negotiated the Kyoto Protocol, the latter being a small step in the long road to protecting the climate the citizens; advising that he co-chaired a process on behalf of FCM in 1998 that looked at what municipal governments could do to cut greenhouse pollution which found that using energy more efficiently, capturing landfill gas, diverting organic waste from landfills, and investing in public transit, renewable energy and community energy systems could save money, improve the local environment and cut greenhouse gas emissions; submitting a model resolution for use by municipal governments in urging their Member of Parliament, provincial environment and energy ministers, federal and provincial opposition leaders, community media and the FCM to ratify the Kyoto Protocol; and urging Council to endorse the submitted resolution or to modify it to meet the community's needs, Council endorsement of Earth Day on April 22, 2002 being one important milestone with endorsements welcomed until the fall of 2002. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Jack Layton, President of the Federation of Canadian Municipalities regarding ratification of the Kyoto Protocol be referred to the City Manager. Question being taken, the motion was carried. 30. P. Tippett - Saint John Airport Workers On motion of Councillor Desmond Seconded by Councillor Teed RESOLVED that the letter from P. Tippett referring to the dispute with the Saint John Airport workers and expressing the view that, as there should be no question that adequate and well-trained airport staff is essential for safe air travel and it takes two firefighters to operate airport firefighting equipment, there should be two firefighters present and Council must stand up for public safety, and also that, without adequate numbers of well-trained Airport workers, Saint John will fall below standard and will eventually lose the airport, be referred to the Saint John Airport Authority. Question being taken, the motion was carried. 31. Trevor MacDonald - Mobile Home Location In Vicinity Of Marilvn Drive And Hillcrest Road On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the letter from Trevor MacDonald advising of his concern and opposition to the possibility of a mobile home being allowed to locate in the vicinity of Marilyn Drive and Hillcrest Road, and asking if it would be possible to make a presentation before Council, be referred to the City Manager for a report. The Mayor called for a motion to refer the above matter to the Planning Advisory Committee on the understanding that it had not yet gone through the Committee and would come to Council subsequent to that, whereupon Councillor Ball proposed a motion to refer it to the Committee, which was seconded by Deputy Mayor White. Mr. Baird advised that, having spoken to Mr. MacDonald, it was his understanding that he would like to request that Council initiate a re-zoning process for that whole area as part of it is zoned for mobile homes and Mr. MacDonald would either have to make an application for re-zoning or request that Council initiate the process as it involves City-owned land. The Mayor suggested that, as more information was needed, the motion should be to refer the matter to the City Manager for a report to Councilor to invite Mr. MacDonald to make a presentation. 89-18 COMMON COUNCIL APRIL 2, 2002 Question being taken, the motion was carried. 32. Crohns & Colitis Foundation Fund-RaisinQ Event In KinQ's Square On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that, with regard the letter from Mary-Ellen MacNeill on behalf of the Crohns & Colitis Foundation, requesting permission to hold a barbecue in King's Square to raise funds for bowel disease, be approved subject to an agreement with staff. Question being taken, the motion was carried. 33(a) Loyalist Day (May 18th) Observance Committee (b) The United Empire Loyalists' Association Of Canada Re Celebration Of City's Birthdav And Lovalist Dav Consideration was given to a letter from (a) the Loyalist Day (May 18th) Observance Committee advising of the activities for a fitting observance of the 217th anniversary of the creation of Saint John, Canada's first City and the observance of Provincial Loyalist Day, and advising its intent to keep Council informed as the program solidifies; and (b) C. William Terry, Dominion President of The United Empire Loyalists' Association Of Canada advising of the Association's hope that some form of recognition and notice would be made on the occasion of the City of Saint John's birthday on May 18, realizing that the original population of Saint John was composed entirely of Loyalist refugee settlers; and also that he has encouraged the New Brunswick Branch of the Association to make contact with Council and determine how all concerned might proceed in marking this important occasion. 33{a) On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Loyalist Day May 18th Observance Committee regarding the 217th anniversary of the creation of Saint John, Canada's first City and the observance of Provincial Loyalist Day, be received and filed. Question being taken, the motion was carried. 33{b) On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from The United Empire Loyalists' Association of Canada regarding the celebration of the City's Birthday and Loyalist Day, be received and filed. Question being taken, the motion was carried. 34. Festival Bv The Sea - 2002 Festival On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Robert Doherty, President of Festival By The Sea, announcing that there will be a Festival By The Sea 2002 in the City of Saint John, circumstances having changed since three months ago when bankruptcy and the end of Festival By The Sea appeared imminent; advising of the redesign of the Festival and the manner in which the remaining debt would be addressed and how future debt would be avoided; and also advising that Festival By The Sea hopes it can count on the financial support from the City of Saint John in the form of a $45,000 grant, be referred to the City Manager. Question being taken, the motion was carried. 89-19 COMMON COUNCIL APRIL 2, 2002 35. Heather Lee Jenkins - Sponsorship Of Miss New Brunswick International 2002 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Heather Lee Jenkins advising that, in order to participate in the upcoming Miss New Brunswick International 2002 Pageant in Moncton in April, delegates are required to pay a fee of $500 and, as such, she is approaching the City to ask for assistance, and that all sponsors will be listed in the program and other public related matters with regard to the Pageant, be received and filed, and Ms. Jenkins be wished the best of luck in the Pageant. Question being taken, the motion was carried. 36. Uptown Saint John Inc. - Vacant BuildinQs In Uptown Consideration was given to a letter from Uptown Saint John Inc. in response to Council's recent request for information as to what action has been or is being taken on the September 4, 2001 request for Uptown Saint John Inc. to pursue the unattractive appearance of vacant buildings in the uptown area and report back to Council on progress made on this initiative; advising that Deputy Mayor Carl White met with members of the Board and Uptown Saint John Inc. staff and participated in a "walk- about" inspecting sites with the following buildings identified as in need of an upgrade: 70 King Street, 112 Princess Street, 27 Charlotte Street, various storefronts on the South Side of Union Street, and various storefronts on Water Street; also advising the actions taken to date and that Uptown Saint John Inc. staff has placed personal telephone calls to the property owners and real estate representatives respectively identifying the need to "spruce up" the noted sites and the comments received from these contacts were less than appreciative; and submitting a copy of the Uptown Saint John Inc. Request for Proposals as an information item. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that letter from Uptown Saint John submitting a Request for Proposals for the development of a marketing package to solicit and stimulate economic development in the Uptown, be received and filed, and Uptown Saint John Inc. be thanked for its response. Question being taken, the motion was carried. 37. SCA Plaza Inc. - Re-ZoninQ Of Property McAllister Drive On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of SCA Plaza Inc. for the re-zoning of property on McAllister Drive 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, May 13, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 38. Carolle Nazair-Savoie - Re-ZoninQ 638 Centre Street On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Carolle Nazair-Savoie for the re-zoning of property located at 638 Centre 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, May 13, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 89-20 COMMON COUNCIL APRIL 2, 2002 39. Lisa & Eric Almon - Re-ZoninQ 55 Gaelic Drive On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Lisa and Eric Almon for the re-zoning of property located at 55 Gaelic Drive 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, May 13, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 40. Uptown Saint John Inc. - Exemption Of BIA From Application Of Davs Of Rest Act Consideration was given to a letter from Mike McGraw, President of Uptown Saint John Inc., requesting Council's support for application to the Provincial Municipal Capital Borrowing Board to have the Uptown Saint John Business Improvement Area declared a tourist area and obtain a permit exempting from the application of the Days of Rest Act the operation of all retail businesses located within the boundaries in the Business Improvement Area of Uptown Saint John (as per Section 4 of NB Regulation 85-149; and advising that surveys were conducted of its membership and retailers, as submitted, showing a large support for Uptown Saint John Inc. to proceed with its application. Consideration was also given to an additional letter from Uptown Saint John Inc. (copies of which were distributed to the Council members on this date) requesting an opportunity to appear before Council in this regard at the April 8, 2002 meeting. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the Uptown Saint John be invited to address Common Council at its meeting of April 8' 2002 in the above regard. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Assistant Common Clerk