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2002-06-10_Minutes 89-127 COMMON COUNCIL JUNE 10, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of June, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. David Warren of Saint John Foursquare Gospel Church offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meeting of Common Council, held on May 27,2002, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Text Amendment & Re-ZoninQ Of 165 Union Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By-law text amendment to add "special zones "SZ#10", its uses and standards, and the proposed re-zoning of a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10 classification, to permit the establishment of a licenced lounge within the existing building, as requested by John Campbell, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter expressing concerns about the proposal, considered at the Committee's June 4, 2002 meeting at which John Campbell, the applicant, expressed agreement with the staff recommendation and Harold Coughlan of Century 21 Realty expressed support for the proposal, and Phillip Huggard, owner of 52 apartment units on Peters Street, expressed concerns about the proposal; advising that the Committee decided to adopt the staff recommendation, and recommending that Common Council amend the City of Saint John Zoning By-law by: (1) adding the following to the list of zones in Section 30(1): "special zones SZ#10"; (2) adding the following as Section 740(10): "(10) Special Zone #10 (SZ#10) (a) Uses - Any land, building or structure may be used for the purpose of, and for no other purpose than, (i) the following uses: a club or lounge, all other uses permitted in Section 540(1)(a), subject to any applicable conditions contained in Section 540(3); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 540(1)(b), subject to any applicable conditions contained in Section 540(3); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone 89-128 COMMON COUNCIL JUNE 10, 2002 Standards - Standards for development in Special Zone #10 shall be as set out in Section 540(4), and Section 810 to 910 where this zone shall be considered a "B-3" zone, a "B" zone, or a business zone, as the case may be. "; and (3) re-zoning a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10. John Campbell spoke in favour of his application for re-zoning which would allow him to open up a restaurant and lounge at 165 Union Street, entailing the whole bottom floor of the former Wendy's Restaurant, and advised that his intent would be to put in a full restaurant with operating hours from ten or eleven o'clock in the morning in a combination food / lounge atmosphere, as well as a variety of entertainment outside of just music, so as to bring a different type of atmosphere to the inner core of the City. Mr. Campbell also advised that the operation would target the thirty-five to fifty-five age group, primarily the business community and young professionals, hoping to establish its clientele in that area, and noted parking availability in the area and the hope that the City would grant him approval to go ahead with this project. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding "special zones "SZ#10" to the list of zones in Section 30(1) and its uses and standards as Section 740(10); and (2) re-zoning a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10 classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding "special zones "SZ#10" to the list of zones in Section 30(1) and its uses and standards as Section 740(10); and (2) re-zoning a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10 classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Mayor advised of a request from a citizen present in the Council Chamber, who has a work commitment, for Council to move up agenda items 24, 30 and 41 in that, if Council desired to do so, a motion would be in order. 89-129 COMMON COUNCIL JUNE 10, 2002 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that agenda items 24, 30 and 41 be brought forward for consideration at this time. Question being taken, the motion was carried. The above-mentioned items having been brought forward, the Mayor noted that item 24 was a report from the City Manager with regard to the proposed re- zoning of 231-233 Golden Grove Road, Council having given first and second readings at the public hearing on May 27,2002, and asked, if there were no questions on the report, for a motion to receive and file it. 24. Re-ZoninQ Of 231-233 Golden Grove Road Consideration was given to a report from the City Manager further to the public hearing of May 27,2002 for the proposed re-zoning of 231-233 Golden Grove Road at which Council gave first and second readings to the proposed re-zoning and requested a report prior to third reading concerning the length of time the building has been classed as a three-family according to the records of Saint John Energy and the Water and Sewerage Services Division; advising that Saint John Energy has indicated that there were three electric meters in 1981 and, as its metering records go back no further, it was unable to provide any information on the status of the property prior to that, and the Water Billings Division indicated that, if a building is metered for water consumption, then it has three units or more, although not all multi-unit buildings are metered, and its records indicate that the present water meter was newly installed in the subject building on November 28,1985, and there are no records before 1985 as the property was not serviced with water and sewer. The report also advises that, although not specifically requested by Council, Service New Brunswick was also contacted to determine if it could provide any earlier data concerning the status of the use, and the assessment rolls back to 1982 indicate that the property was assessed as a three-family at that time and, while the records back to the 1960s and 1970s do not describe the building as a three-family, Service New Brunswick advised that this does not necessarily mean it was not a three-family at the time; concludes that the above-noted records do not extend far enough into the past to confirm whether or not a non-conforming use exists, the earliest known zoning of the property being from a 1945 zoning map that shows the property as being located in a "K" agricultural zone which did not permit a three-family dwelling and the existing three-family dwelling could only be considered to be a non-conforming use if it existed and has continued as such since approximately 1945 and, although the applicants and the previous owner of the property have been able to establish that the three-family has existed since before 1963, this information is not sufficient to confirm non-conforming use status; and recommends that Council receive and file this report and proceed with third reading as previously recommended by the Planning Advisory Committee. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. The Mayor called for a motion for third reading of the proposed Zoning By-law amendment to re-zone 231-233 Golden Grove Road. 30. Zoning By-law Amendment & Imposing Section 39 Conditions - 231-233 Golden Grove Road On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 231-233 Golden Grove Road (NBGIC Number 311597), having an area of approximately 1,000 square metres, 89-130 COMMON COUNCIL JUNE 10, 2002 from "RS-2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification, be read. Mr. Nugent, referring to agenda item 41 in that it dealt with the above matter, noted previous discussion with Council with respect to the opportunity to make representation to Council in favour of or in opposition to a proposed re-zoning occurring at the public hearing, that being the extent of the opportunity given to make representation; expressed the opinion that item 41, therefore, should not be considered by Council in its deliberations in reaching a decision on whether to re-zone the subject property; and suggested that a motion should be adopted before dealing with any motion on the re-zoning to receive and file item 41 and that its contents not be considered in reaching a decision with respect to the request for re-zoning. 41. Allan MacKinnon - Re-ZoninQ Of 231-233 Golden Grove On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Allan MacKinnon regarding the proposed re-zoning of 231-233 Golden Grove Road, be received and filed and their contents not be considered in reaching a decision with respect to the request for re-zoning. Question being taken, the motion was carried. The Mayor called for the question on the motion for the above By-law to be read. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". The by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 231-233 Golden Grove Road (NBGIC Number 311597), having an area of approximately 1,000 square metres, from "RS-2" One and Two Family Suburban Residential to "R-4" Four Family Residential 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 said re-zoning be subject to the following conditions: (a) the use of the property is limited to a dwelling containing a maximum of three dwelling units, and (b) the proponent must obtain a building permit for the three-unit dwelling and must complete any work required to conform to the National Building Code no later than November 30, 2002. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-596 A Law To Amend The Zoning By-law Of The City Of Saint John". 4. Mayor's Task Force On New Ways Of DoinQ Business - Report Read a letter from Mayor McAlary advising the names of the individuals on the Mayor's Task Force on New Ways Of Doing Business, and that the report identifying several items/suggestions will be submitted to the members of Council at this meeting. The Mayor advised that the Task Force, in meeting on ideas and suggestions on how the Municipality could save money or do business in ways different 89-131 COMMON COUNCIL JUNE 10, 2002 from that today to cut down on expenses, at no time considered remarks about reducing staff as that was not part of the Task Force's mandate, and highlighted the thirty-seven suggestions in the Task Force's report (copies of which were distributed to the Council members on this date), which were divided into four categories - revenue-enhancing suggestions requiring support and action of the Provincial Legislature, revenue- enhancing suggestions upon which Common Council could give direction, suggestions to reduce expenditures that require action of the Provincial Legislature, and suggestions to reduce expenditures upon which Common Council could give direction. The Mayor asked Council to accept the report and go into more detail on the issues at the next Council meeting on June 24, 2002. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above report be referred to the June 24, 2002 Common Council meeting for fuller discussion, and the City Manager be requested to add the list of suggestions to the City's website as soon as possible and to ask any citizens or groups who may wish to comment on one, more or all of the suggestions to do so through contact with City Hall or through e-mail. Question being taken, the motion was carried. 5. Identification Of Mobile Homes In Bv-Iaw On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Mayor McAlary referring to the recent discussion on the issue of mobile homes and how they are identified in the present by-law; and recommending that, so as to protect residential areas that do not wish to have mobile homes located in them, Council refer this issue to staff and have the present by-law reviewed and rewritten and returned to Council for approval, be referred to the City Manager. Question being taken, the motion was carried. 6. Transportation Links United States I Canada Consideration was given to a letter from Councillor Teed advising that, at the May 29, 2002 International Business Network Conference on the East-West Highway International Trade Corridor held in Saint John, it was reported that the St. Lawrence County Economic Development Corridor Working Group adopted the submitted resolution supporting a study of transportation infrastructure in Eastern Canada which included Atlantic Canada; and suggesting that, as the host City, it would seem reasonable that the City of Saint John endorse the intent of this resolution. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the City of Saint John inform the Premier of the Province of New Brunswick and The Honourable Claudette Bradshaw, MP, that the City supports the thrust of the resolution adopted by the St. Lawrence County Economic Development Corridor Working Group that the United States Federal Government and the Government of Canada join to study the sufficiency of the transportation links joining Northeastern United States with Eastern Canada and with special reference to the international border region including Atlantic Canada. Question being taken, the motion was carried. 7. Operation Of Motorized Wheelchairs & Scooters In Public Places Consideration was given to a letter from Councillor Teed advising of his visit to the trade show at the recent National Convention of Occupational Therapists in Saint John at which there was a display of motorized wheelchairs and so-called scooters for those with walking disabilities which can travel up to 10 km and 20 km per hour, respectively; also advising that, as there appears to be no rules or regulations respecting the travelling pattern of these vehicles which could present a danger to slower 89-132 COMMON COUNCIL JUNE 10, 2002 pedestrians and a danger to motor vehicles as they could be hard to see on City streets and also evening visibility could be a problem as they have no lights, it would seem reasonable that some form of regulations or by-laws should be instituted so that some form of safety control could be affected in the future. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the Minister of Transportation be requested to consider what regulations or legislation should be enacted to meet a potential problem of the uncontrolled operation of motorized wheelchairs and scooters in public places, and the Saint John Ability Advisory Committee be asked for comment. Councillor Chase proposed an amendment to the motion, which was seconded by Councillor Desmond for referral of this matter to the Saint John Ability Advisory Committee for comment before forwarding it to the Minister, whereupon the Mayor asked if the mover and seconder would agree with a motion for the Committee to report to Council and subsequently forward the matter to the Department of Transportation. Councillor Trites advised he would add to the motion that a copy be forwarded to the Committee for comment, and Councillor Teed indicated that, while he did not mind if the matter were referred to the Committee, the equipment in question was now going to be used by more than just people with disabilities, and the motion was changed to that above. Question being taken, the motion was carried. 8. Transit Commission I ParkinQ Commission On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Titus suggesting, in the interest of reduction and efficiency and new ways of doing business, that Council consider the merger of related committees and commissions; and proposing that the City Manager be directed to investigate and review the possible merger of the Transit Commission and the Parking Commission, be received and filed. Councillor Titus noted the inclusion of the above suggestion on the above list of suggestions from the Mayor's Task Force on New Ways of Doing Business. Question being taken, the motion was carried. 9. Common Council AQenda - Open Session Consideration was given to a letter from Councillor Titus expressing the opinion that the current practice of items on the Council agenda - open and closed, leaves Council open to unnecessary criticism about doing business behind closed doors; and advising his intent to propose a motion directing that all items be put on the agenda - open session and, if there is a need to move an item (land, legal and labour) into closed session, a motion with reasons will be required to be made in open session. Councillor Titus advised that, although he is on the Council Committee dealing with Council procedure which would be meeting on June 17, 2002, he saw no need to refer the above matter to this Committee as he had his mind made up that everything should be in open session and the only time something would be discussed in closed session would be after it was moved, seconded and debated in open session as to reasons why it should go to closed session; and also advised that, if his proposed motion were adopted at this meeting, the next Council meeting on June 24, 2002 would be a completely open session meeting and only those items referred to closed session at that time would be dealt with either after open session on that date, in two weeks time or another date. 89-133 COMMON COUNCIL JUNE 10, 2002 On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that all items be put on the agenda - open session and, if there is a need to move an item (land, legal and labour) into closed session, a motion with reasons will be required to be made in open session. Deputy Mayor White expressed the view that the above idea should be one discussed at the Council Committee meeting on June 17, rather than dealt with in isolation at this time; and Councillor Desmond concurred with the Deputy Mayor in this regard. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Council Committee dealing with Council procedure. Councillor Chase advised that he considered Councillor Titus' proposal to be sound and he would be prepared to vote in favour of it at this meeting. Question being taken, the referral motion was carried with Councillors Chase, Fitzgerald, Teed and Titus voting "nay". 10. Use Of Red Pavement In Crosswalk I Sidewalk Repairs On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed noting a concern with the apparent inability of the City to maintain marked crosswalks that are visible; and suggesting the use of so-called red pavement, being a regular asphalt with a mixture of red clay and red sandstone, for crosswalks and matching coloured repairs to brick holes and sidewalks, and that this matter be referred to City staff for a report, be referred to the City Manager. Councillors Titus and Desmond spoke about the possible use of a reflective type of tape for road markings, having spoken to representatives of 3M while in Ontario recently about the possibility of doing a pilot project in Saint John; and a sample of the tape in question was circulated to the Council members during discussion. Question being taken, the motion was carried. 11. Traffic At Market Place West Consideration was given to a letter from Councillor Teed referring to Council's consideration at its March 18, April 8, May 6 and May 21,2002 meetings of the matter of traffic at Market Place West; commenting on the report received by Council on May 21,2002 from the Saint John Board of Police Commissioners in this regard in that it appears that the majority of the Board feels the traffic situation at Market Place West is not of any real concern, which is a situation he cannot understand in that the area has a high concentration of youth, particularly on a Saturday morning when excessive speeds were noted; and noting that, notwithstanding the Police report, the City Manager, from whom Council has yet to receive a further report, may propose how the matter might be improved. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that, as the City Manager has not yet given a final report, the problem of excessive speeding along Market Place be laid on the table for one month or until the City Manager makes a report as requested by Council on April 8 and May 6, 2002, whichever is the sooner. Councillor Trites, on a point of order, noted that the motion was to table and Council was debating the issue. 89-134 COMMON COUNCIL JUNE 10, 2002 Question being taken, the tabling motion was carried. 12. Benefit Of ExpandinQ New Brunswick Community colleQe Consideration was given to a letter from Councillor Teed suggesting that Council should show leadership in drawing attention to a resolution of the problem of a growing need for space at the New Brunswick Community College in Saint John, there being a concern about the need for post high school non-university training such as is provided there. Councillor Teed proposed a motion, which was not seconded, that the City of Saint John inform the Minister of Education and the area MLAs that it is felt that the expansion of the New Brunswick Community College in Saint John would be of benefit both to the residents of New Brunswick and to the various industries and businesses which could use the trained students, and urge the Provincial authorities to take prompt action to provide for the needed expansion for an additional wing to be added at the present campus or other appropriate action taken to meet the needs. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above letter from Councillor Teed be received and filed. The Mayor noted that The Honourable Norman McFarlane, Minister of Education, has publicly indicated that the Province would divide the available money among all of the community colleges in the Province and that it could not build new wings on the Community College in Saint John at this time as it had to support all of the community colleges. Councillor Titus suggested that the matter could be referred to the Principal of the Community College in Saint John to determine if there was anything he thought the City could do to encourage the Province to expand or enhance the Saint John facility. Question being taken, the motion was carried with Councillor Titus voting "nay". 13. Re Harold WriQht's Letter On Sidewalk coverinQ On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Councillor Teed commenting on Harold Wright's letter to Council on May 6, 2002 on sidewalk covering in that it appears that Mr. Wright was not only inaccurate but does not know the full history of street development in Saint John; and advising that the reason for placing this letter on the record of Council was to correct an unfortunate misunderstanding of his letter to Council on April 16 as set out in Mr. Wright's letter which has been filed in the Council records, be received and filed. Councillor Teed circulated two bricks around the Council table to show erosion and what happens when bricks are placed on cement in a salt-air climate. Question being taken, the motion was carried. 14. Submission By Saint John Board Of Police Commissioners Of Financial Reports Read a letter from Councillor Teed raising a point of privilege further to his presentation to Council on May 27, 2002 of a letter respecting the operations of the Saint John Board of Police Commissioners and proposing that the Board be requested to provide the City with a quarterly financial report comparing its budget allotment with the actual expenses, and the Presiding Officer of the meeting, being the Mayor, indicated that the quarterly report had just recently been received and filed and it would be opportune if he read the matters presented to Council rather than make demands for the same material; advising that, having carefully gone through the minutes and records of Common Council since the Commission was established effective February 17, 1998 respecting requests for and presentation of financial reports, at no time has Council 89-135 COMMON COUNCIL JUNE 10, 2002 received a quarterly report from the Board comparing its budget allotment with extra expense nor has Council ever asked for a quarterly report; and referring to the 2001 Operating Budget Year End Financial Results (unaudited) of the Commission considered by Council on April 16, 2002 in that the results showed a deficit of $239,472 which was not questioned by Council at that time. Councillor Teed, in his letter, expresses the view that, because of the manner in which the Mayor made comments suggesting that he had not read a quarterly report on April 16, a public apology would be appropriate; and also advises that, although it appears that Councillor Court was mistaken in his indication that the Commission had been asked by Council to present quarterly reports and it had done so, should Councillor Court be able to provide any evidence that a quarterly financial report has been asked for by Council previously and such reports have been submitted by the Board, he would certainly be willing to publicly apologize and congratulate him for setting the record clear; otherwise, he suggests that Councillor Court apologize to Council for the incorrect information which he provided. Councillor Teed proposed a motion, which was not seconded, that Council request quarterly reports from the Police Commission to be made within one month from March 31, June 30, September 30 and December 31 in each year, commencing June 30, 2002. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be laid on the table for two weeks to give Councillor Court an opportunity to respond. Question being taken, the tabling motion was carried. * Added Items The Mayor called for a motion to add to the agenda of this meeting two items considered in Committee of the Whole earlier this date, one being the City Manager's recommendation with respect to the proposed Harbour Passage as item 14A, the other a report from Councillor Desmond, Council's representative on the Fundy Region Solid Waste Commission as item 14B. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the above-mentioned items be added to the agenda of this meeting for consideration at this time. Question being taken, the motion was carried. *14A. Harbour PassaQe On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) Common Council authorize the City Manager (in consultation with the Saint John Development Corporation) to issue a tender(s) for the construction of Phase I and Phase II of Harbour Passage as proposed by the Corporation, and (2) the City ratify its financial investment in this project only after final tenders have been received. Question being taken, the motion was carried. *14B. Fundv ReQion Solid Waste Commission - Update On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the report from Councillor Desmond, Council's representative on the Fundy Region Solid Waste Commission, updating Council on the last two meetings of the Commission, be received and filed. 89-136 COMMON COUNCIL JUNE 10, 2002 Question being taken, the motion was carried. 15. Re-ZoninQ Of Property At 475 Latimore Lake Road Consideration was given to a report from the City Manager further his report at the last meeting regarding the proposed re-zoning of property at 475 Latimore Lake Road, for which the public hearing was held on April 15, 2002 at which time Council tabled the application and directed City staff to facilitate discussions between representatives of the residents opposed to the application and the applicant, Fundy Bay Sand & Gravel Inc.; addressing some of the key issues that were raised by each party at the series of meetings and discussions since the application was tabled, including driveway alignment, blowing sand, drainage, two pits, rock, employment and aesthetics; and making the observation that Council has two choices - (1) it can turn down the re- zoning request and, in this instance, the problems (noise, sand, etc.) cited by the residents concerning the existing operation at 460 Latimore Lake Road will likely continue unabated, although the residents would be satisfied that a new pit operation has not been approved in their neighbourhood, or (2) should Council proceed with the re-zoning, the Planning Advisory Committee recommended Section 101 agreement respecting the rehabilitation of the pit at 460 Latimore Lake Road will, within 4 years, address the source of many of the ongoing problems that the residents have experienced and the applicant will be able to access new aggregate resources and continue with his business operation and, in an effort to further address neighbourhood concerns, Council may also desire to have further discussions with the owner of 460 Latimore Lake Road to ascertain his willingness to rehabilitate the active pit within a shorter timeframe (3 years), place cover material over the sandpit and any sand stockpiles during 2002 within :t 3000 feet of Latimore Lake Road to mitigate the effect of blowing sand, and construct a hydro-seeded berm along a portion of the frontage of 460 Latimore Lake Road to buffer the view of the excavation equipment and, if the owner were willing to undertake these additional measures, a Section 101 agreement would be executed setting out the details, and Council could also impose a Section 39 condition on the re-zoning of the property at 475 Latimore Lake Road that would require the proposed access to the new pit to be approximately 100 feet to the east of the proposed location (to address the concerns about truck traffic crossing directly from pit to another. The report recommends that Council take from the table the matter of the re-zoning application for 475 Latimore Lake Road and, if Common Council wished to deny the application, a motion to that effect would be in order and, if Common Council wished to approve the application, a motion to give first reading to the re-zoning would be in order and Council could instruct staff to prepare a report setting out the particulars of the Section 101 and Section 39 provisions. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the matter of the re-zoning application for 475 Latimore Lake Road be taken from the table. Question being taken, the motion was carried. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the application of Fundy Bay Sand & Gravel Inc. for the re-zoning of property located at 475 Latimore Lake Road be denied. Mr. Nugent spoke to the similarity of this process to that with regard to the re-zoning of the property at 231-233 Golden Grove Road dealt with earlier in this meeting, it having come to his attention that members of Council had received a letter dated May 24, 2002 from the Latimore Lake and Area Residents Association (as referenced in the above report from the City Manager), which he understood was not actually distributed to the Council per se but was provided to members of Council individually by the Association, and that, as this letter obviously arose subsequent to the public hearing of this matter, Council should be making its decision based upon submissions made to Council at that public hearing, thus subsequent representations must not be considered; and expressed the opinion that it was very important, for the record, that Council adopt a resolution, before dealing with any motion with respect to re- zoning, that Council will not be taking into consideration any of the content of the letter of 89-137 COMMON COUNCIL JUNE 10, 2002 May 24, 2002 addressed to the Mayor and Members of Common Council from the Latimore Lake and Area Residents Association in its deliberations with respect to disposing of the requested re-zoning of 475 Latimore Lake Road. On motion of Councilor Titus Seconded by Deputy Mayor White RESOLVED that Common Council will not take into consideration any of the content of (a) the letter of May 24, 2002 addressed to the Mayor and Members of Common Council from the Latimore Lake and Area Residents Association, and (b) the letter from Charlene Parfitt, in its deliberations with respect to disposing of the requested re-zoning of 475 Latimore Lake Road. Reference was made to the letters under agenda item 44 with respect to the proposed re-zoning from (a) Fisheries and Oceans and (b) Charlene Parfitt, and Mr. Nugent made the observation that the principle itself was clear that Council was to make its decision based upon the information presented at the public hearing from proponents of and opponents to the requested re-zoning and, although the information received from City staff is different and can be treated differently, for Council to consider information or submissions subsequent to the public hearing would clearly call into question the legitimacy of the process as established by the Community Planning Act and, if Council departed from that and considered matters that would be, from a legal perspective, characterized as irrelevant in terms of their not being presented in the context established by the Act as the proper context, Council would be running the risk of having the process challenged and the result challenged. Mr. Nugent added that, with regard to agenda item 44(a), that in his mind was a matter that was within the jurisdiction of the Federal Government and, if there were issues Fisheries & Oceans have with a potential pit operation, then that was a matter for the operator and the Federal Government to deal with, and the letter under item 44(b) was similar in nature to the letter he referred to dated May 24, 2002, being subsequent to the date of the public hearing and therefore must not be considered in Council's deliberations. The Mayor questioned the possibility of a challenge of Council's decision on the re-zoning, and Mr. Nugent spoke to the difficulty of the position in which Council was placed as a result particularly by the letter written by the residents who were in opposition in that the Common Clerk was obliged to give letters addressed to the Mayor and Common Council to Council, or by Council members being handed a letter which, if it were read in all good faith and dealt with evidence that from a legal perspective was irrelevant, then being faced with the question of what Council could do with that letter, thus his suggestion that Council must be able to exclude that material from its consideration in order to avoid, or to successfully defend, a challenge in court that its decision vis-a-vis the re-zoning has been tarnished by its consideration of irrelevant evidence and, as to the chance of a challenge, Council would be as well able to conjecture on that point as he but, from the spirit of what he was telling Council, the matter could well end in court which was precisely why he was giving the advice that he was in the effort to defend against a challenge as best as could be done in the circumstances with which Council was being faced. Question being taken, the motion was carried. The Mayor noted the motion on the floor to deny the re-zoning application for 475 Latimore Lake Road. Councillor Trites advised that at this point in time he was not in support of the motion to deny the application, although he would be prepared to support first reading with reference back to staff to develop the1 01 and Section 39 provisions for consideration at Council's next meeting. Deputy Mayor White advised that he still believed that there was the potential to come up with some compromise and agreed with sending this back to staff to see if there was something that could be put on the table that would somewhat satisfy both sides, rather than taking the vote on the motion to deny the re-zoning at this time. Question being taken, the motion was carried with Deputy Mayor White and Councillors Ball and Trites voting "nay". 16. Operational Review Consideration was given to a report from the City Manager referring to Council's debate on May 21, 2002 on the need for an operational review of City 89-138 COMMON COUNCIL JUNE 10, 2002 operations, as well as to the report on the agenda of this meeting from the Mayor's Task Force on New Ways of Doing Business; cautioning Council as to why monies invested to engage outside expertise to do an operational review may not be well spent; and advising why, before drafting terms of reference, Council must first come to a consensus as to (1) the primary objective it wishes to attain by undertaking such a review, (2) the timeframe, (3) the scope, (4) the role, if any, of the various interested stakeholders, (5) whether or not Council wishes to take the opportunity to redefine a new strategic direction as part of the review process, and (6) the role to be played by City staff and how Council wishes to interact throughout the process. As to the financial implications of an operational review, the report advises that it would be premature to speculate on the cost of a review until Council came to a consensus on the issues raised herein and, although it would not be an inexpensive undertaking, properly planned it could be stretched over a few budget years; points out that one of the responsibilities of the new Community Economic Development Agency is to undertake an exercise somewhat related to that of setting a strategic direction and, as this exercise is largely to be funded from other levels of government, early discussions with the new CEDA might provide an opportunity for Council to coordinate the process to ensure certain work is not repeated, although this coordination would not relate to the departmental review portion of the process; illustrates an activity stream and time frame for an operational review; and concludes that City staff is prepared to assist Council in any manner Council desires; however, until such time as Council is able to reach consensus on a number of issues, particularly the objectives of the review, staff thinks it appropriate to withhold any recommendations. The Mayor asked that, further to the discussion earlier this date about meeting in July, the City Manager's report be referred to that meeting. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the above report from the City Manager be referred to the meeting in July 2002. Question being taken, the motion was carried. 17. Former Veterans' Affairs Land - Gibson Avenue Read a report from the City Manager advising that, further to Common Council resolution of October 1, 2001 authorizing the sale of approximately one-third portions of PID Number 330563 of Gibson Avenue (so-called) to the owners of 424,428 and 434 Summit Drive who sought to acquire portions of the adjacent City land to add depth to their otherwise small lots, the subject City land has not yet been subdivided nor prepared for sale and all actions to close the sales have ceased until such time as the Land for Public Purposes status of the subject land has been removed and, in order to complete the sale, Common Council must adopt a resolution seeking the concurrence of the Planning Advisory Committee for the sale of the subject land. The report also advises that, since the process of divesting land of its LPP status is the same irrespective of the size of the parcel, staff undertook an assessment of the entire (so- called) Gibson Avenue subdivision, and comments on the history of the development of a portion of the Lakewood Heights Subdivision and the development potential of the subject parcel and, with regard to the Summit Drive neighbours' interest in acquiring a portion of the LPP parcel, notes that they are aware the parcel must be divested of its LPP status prior to sale. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council seek the concurrence of the Planning Advisory Committee for the sale of the land described in the deed from "The Director, The Veterans' Land Act" dated April 26, 1978, recorded in the Saint John County Registry Office as document 279177 and as generally shown on the submitted plan and, in the event the Planning Advisory Committee concurs with the sale of the aforesaid land, Common Council authorize staff to investigate and present to Council options for the sale and/or development of the subject land (save and except that portion of the subject land referenced in Common Council resolution of October 1,2001). 89-139 COMMON COUNCIL JUNE 10, 2002 (Deputy Mayor White withdrew from the meeting.) Question being taken, the motion was carried. 18. Design & Construction Management - Spar Cove Road Wastewater Pumping Station, Forcemain, Sanitary Collector Sewer. Storm Sewer And Watermain On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of ADI Limited be accepted for engineering services (design and construction management) for the Spar Cove Road wastewater pumping station, forcemain, sanitary collector sewer, storm sewer and watermain. Question being taken, the motion was carried. 19. Tender For Contract 2002-4 On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 2002-4, asphalt concrete resurfacing 2002 - No.1, be awarded to the low tenderer, Classic Construction Ltd, at its corrected tendered price of $1,321,587, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 20. Tender For Contract 2002-5 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2002-5, chip seal 2002, be awarded to Industrial Cold Milling Ltd., at the tendered price of $84,333.40, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 21. Tender For Contract 2002-12 On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Contract 2002-12, micro-surfacing 2002, be awarded to Industrial Cold Milling Ltd., at the tendered price of $75,869, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 22. Tender For Contract 2002-20 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-20, Benji Lane water & sewer renewal and street reconstruction, be awarded to the low tender, L. Halpin Excavating Limited, at its tendered price of $131,210, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. 89-140 COMMON COUNCIL JUNE 10, 2002 Question being taken, the motion was carried. 23. Easement Acquisition - 677 Fundv Drive On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, (1) the City of Saint John purchase a 90 :t m 2 municipal services easement through PID Numbers 386391 and 55019764 at 677 Fundy Drive, from Brenda Guimond, for the sum of five hundred dollars ($500 + HST, if necessary) and, as part of the transaction, the City of Saint John will: (a) prepare any plan of subdivision required for conveyance purposes, (b) pay to a maximum three hundred dollars ($300) for legal fees incurred by Brenda Guimond to finalize this conveyance, and (c) where applicable, reinstate the subject property to the same or better condition prior to construction; (2) the Mayor and Common Clerk be authorized to sign any documents to acquire this municipal services easement, and (3) Common Council assent to the vesting of the said municipal services easement. Question being taken, the motion was carried. 25. Street Name chanQes In Milford-Randolph Area Read a report from the City Manager advising that, further to Council's April 16, 2002 referral of the matter of confusion with respect to street names in the Milford-Randolph area with multiple Balmoral Crescents there, staff contacted the representative for the owners of the undeveloped property between the two portions of Balmoral Crescent in that the original subdivision plan intended for both portions of Balmoral Crescent to be joined, who indicated that they did not intend to develop this property any time in the foreseeable future; also advising that, as this is obviously an area of concern as far as emergency vehicles being able to locate civic addresses, area residents were sent letters advising them of the problem and the proposed solutions asking them to communicate any specific concerns they might have with the proposed changes or to suggest alternatives and, although staff received two telephone calls and a letter from area residents indicating they did not wish to see Balmoral Crescent (east of the intersection with Glenaire Avenue) renamed to Balmoral Court for the reasons set out herein, the Public Safety Communications Centre Supervisor advised staff that a street named Balmoral Court would not be confused with the motel on Manawagonish Road in an emergency call situation and, therefore, in staff's opinion the results brought forward by the area residents do not outweigh the possible consequences of an emergency vehicle not being able to locate an address; and noting that the proposed changes are highlighted on the submitted map. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Common Council amend the list of official street names and approve the following changes: (1) deleting Glenaire Avenue and making it part of Balmoral Crescent, (2) adding Balmoral Court and renaming the portion of Balmoral Crescent east of the intersection with Glenaire Avenue, (3) adding Starburst Lane and renaming Balmoral Crescent that intersects with River Hill Drive, and (4) renaming the portion of Russell Hill Road that intersects with Green Head Road, Saint Clair Avenue, River Hill Drive and Balmoral Crescent and making it part of Balmoral Crescent. (Deputy Mayor White re-entered the meeting.) Question being taken, the motion was carried. The presence at the meeting of citizens regarding the matter of the proposed take-out restaurant at Lakewood Reservoir Beach was noted. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that agenda items 28 and 45 be brought forward for consideration at this time. 89-141 COMMON COUNCIL JUNE 10, 2002 Question being taken, the motion was carried. 28. Canteen Operating Permit - Lakewood Reservoir Beach. 1800 Loch Lomond Road Consideration was given to a report from the City Manager advising of Robert Toner's unsolicited request to operate a canteen at the Lakewood Beach Reservoir during the months of May to October, proposing to use a mobile home for the canteen which he has used for the same purpose at a campsite outside the City and, with regard to local residents' concerns that the operation might generate litter, specific provisions are included in the terms and conditions of the proposed permit that would make the operator responsible to keep the area clean and tidy and, without prejudice, the terms and conditions for an operating permit have been discussed and agreed to by Mr. Toner; and also advising that, if Council concurs with the recommendation to establish a seasonal canteen operation in this location, the matter would then be presented to the Planning Advisory Committee for approval as a temporary use; and recommending that Council authorize that a canteen operating permit be issued to Robert Toner for the Lakewood Reservoir Beach with the terms and conditions as detailed in the submitted document, subject to the Planning Advisory Committee approving the temporary use of the property as a canteen. 45. Nancy Somers - Proposal For Take-Out Restaurant At Lakewood Reservoir Beach Consideration was also given to a letter from Nancy Somers submitting a copy of a letter submitted to the Planning Advisory Committee in regards to the application to place a mobile trailer on the parking lot located at the Reservoir on Loch Lomond Road to be used as a take-out restaurant; advising that letters and a petition from area residents were sent to the Committee voicing concerns and opposition to this; and asking Council to consider this when making its decision on whether this should go forward. In terms of the process, Councillor Trites suggested that Council should simply refer the matter to the Planning Advisory Committee, without recommendation for the issuance of a canteen operating permit so that both sides could have some verbal input to the decision, while, if Council were to recommend the issuance of a permit to the Committee, the Committee would likely follow through on it and then input would become secondary. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above matter be referred to the Planning Advisory Committee for a report to Council. The Mayor noted that the Planning Advisory Committee would hold a hearing in the above regard at which the public could voice opinions for or against the application. Question being taken, the motion was carried. 45. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Nancy Somers in regard to the application to place a mobile trailer on the parking lot located at the Reservoir on Loch Lomond Road, be received and filed. Question being taken, the motion was carried. 89-142 COMMON COUNCIL JUNE 10, 2002 26. Condition Of Property In BridQe Street I Pokiok Road Area On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the report from the City Manager providing background information from June 1992 on the property at 2 Pokiok Road, further to Council's May 13, 2002 referral of a letter from Indiantown Neighbourhood Watch concerning its condition, the file on this property having been referred to the Legal Department for further action on August 26, 1997 as a priority five file (out of a total of five priority levels) and the property continues to be used as a material and equipment storage yard and the demolition pilings have never been removed, be received and filed. (Councillor Trites withdrew from the meeting.) The Mayor expressed concern that the above situation has been allowed to go on for so long, and Councillor Chase asked the mover and seconder of the above motion to withdraw it in favour of a motion to make this matter a priority number one. On motion of Councillor Chase Seconded by Councillor Desmond RESOLVED that the above matter be referred to the Legal Department as a priority number one. (Councillor Trites re-entered the meeting.) Question being taken, the referral motion was carried. (Councillors Fitzgerald and Titus withdrew from the meeting.) 27. Green Municipal EnablinQ Fund On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager providing information on the nature of projects that have been approved for funding thus far from the Green Municipal Enabling Fund, as well as on what opportunities, if any, the City is pursuing, further to Council's May 27, 2002 request, be received and filed. Question being taken, the motion was carried. 29. Official LanQuaQes Act Read a report from the City Solicitor submitting a copy of the new Official Languages Act which received Royal Assent on June 7, 2002 and which, with the exception of section 43 dealing with the Commissioner of Official Languages, will come into force on August 5, 2002; and providing a brief overview of its impact in the City in that (1) the adoption and publication of any by-law enacted after December 31,2002 must occur in both official languages, (2) all by-laws of the City must be adopted and published in both official languages by December 31,2005, (3) the minutes of Common Council meetings held after December 31, 2002 must be printed and adopted in both official languages, and (4) regulations may prescribe the services and communications which the City must offer in both official languages, and communication includes verbal, written and electronic means; and advising that, while not directly affecting the City, the same regulations respecting services and communications that would apply to the City would also apply to the Fundy Region Solid Waste Commission and these regulations may delineate not only the communications and services to be provided but also the manner in which that is to occur and, while they have not yet been adopted, will be fundamentally important in defining the nature and extent of services that must be provided by the City in both official languages. The report also advises that the aspects of the City's operation which are dealt with by the new Act are similar to those identified in the Application of Mr. Charlebois which named the City as one respondent, the Court having heard motions on Tuesday last in Moncton by each of the respondents (the 89-143 COMMON COUNCIL JUNE 10, 2002 Province and the Cities of Saint John, Moncton and Fredericton) to have the Application dismissed, and reserved judgement; and summarizing that the new Act directly identifies certain responsibilities of the City, vis a vis both official languages and makes provisions for regulations which will subsequently identify the nature and scope of communications and services to be provided in both official languages. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above report from the City Solicitor be received and filed. (Councillors Fitzgerald and Titus re-entered the meeting.) Question being taken, the motion was carried. 31. Preservation Areas By-law Amendment To Remove Reference To Saint John BuildinQ Act. 1925 On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law", by repealing Section 17 and substituting the following: "17. Nothing in this by-law shall be construed so as to affect the demolition of any building that Common Council has found, under the by-law entitled 'A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John', to be dangerous", be read. Question being taken, the motion was carried. The by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law", was read in its entirety. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A Law To Amend The Saint John Preservation Areas By-law", by repealing Section 17 and substituting the following: "17. Nothing in this by-law shall be construed so as to affect the demolition of any building that Common Council has found, under the by-law entitled 'A By-law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John', to be dangerous", 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 Law To Amend The Saint John Preservation Areas By-law". 32. Planning Advisory Committee Subdivision - 39-40 Ann Street East On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to a revised tentative subdivision plan illustrating a 20-metre (66-foot) wide extension of the Ann Street East public right-of-way over the property at 39-40 Ann Street East, and (2) accept a cash-in- lieu land for public purposes dedication for the proposed subdivision. Question being taken, the motion was carried. 89-144 COMMON COUNCIL JUNE 10, 2002 33. Seniors' Advisorv Committee - Issues Researched On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from Connie Erb, Chairperson of the Seniors' Advisory Committee, advising its findings and/or recommendations on some of the issues studied in depth by the Committee since its establishment by Common Council resolution of February 12, 2001 and the April 2,2001 appointment of members to the Committee, including the Saint John Taxi By-law, streets and sidewalks, frauds and scams, watershed protection, water and sewerage, transportation, housing, be received and filed with appreciation. Question being taken, the motion was carried. 34. Wendy Simon - Poll Tax On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Wendy Simon suggesting a poll tax on non-residents who work in the City as a way to increase revenue for the City, be referred to the overall discussion on the report of the Mayor's Task Force on New Ways of Doing Business. Question being taken, the motion was carried. 35. Barrv OQden - Tournament & Tourism capabilitv Of Area On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from Barry Ogden putting forth the idea of expanding the tournament and tourism capability of this area by pursuing an artificial field at the Canada Games Stadium at UNBSJ which, since the successful Canada Games, has not really been used as much as it could have been, be referred to the Recreation and Parks Advisory Board. Question being taken, the motion was carried. 36. O'Malley's Irish Pub Inc. - Re-Zoning Of Property 621 Rothesav Avenue On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of O'Malley's Irish Pub Inc. for the re-zoning of property located at 621 Rothesay Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 22,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 37. Dreamcatcher Publishing - Promotion Of Publication & Extension Of Summer Hours For carneQie BuildinQ On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the two letters from DreamCatcher Publishing Inc., one advising of its launch of the second book of a trilogy about the Marco Polo and its reprinting of the first book in the trilogy in celebration of its fifth anniversary, which will be added exposure for the City's waterfront development project and enlighten tourists about Saint John's contribution to shipbuilding in the days of sail, and requesting to address Council with respect to the City's cooperation and promotion in its promotional material; the other requesting that the City extend the days 89-145 COMMON COUNCIL JUNE 10, 2002 allotted to the Carnegie building to August 30, 2002 for the launching of four new books scheduled for July and August, be referred to the City Manager. Question being taken, the motion was carried. 38. Saint John West Business Association Status Of December 3. 2001 Request On motion of Councillor Fitzgerald Seconded by Councillor Titus RESOLVED that, with regard to the letter from the Saint John West Business Association advising that it would like to have an update on the status of its request to Council, as presented on December 3, 2001, for the upgrading and improvement of Fairville Boulevard (the Golden Mile), the City Manager be asked to communicate with the Association on the status of the said request. Question being taken, the motion was carried. 39. Yorgo Andreas 2mboukis - Amendment To Section 39 Conditions Of Re-ZoninQ Of 120 McDonald Street On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the application of Yorgo Andreas 2mboukis for an amendment to the Section 39 conditions of re-zoning of the property located at 120 McDonald Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 22, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 40. Lois Merritt - Advisorv Council On The Status Of Women On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Lois Merritt advising of her appointment, by the Lieutenant Governor in Council, to the Advisory Council on the Status of Women, representing the Greater Saint John Region, and that any matters of interest and concern to women could be brought to her attention so that she could present them to the Advisory Council for its deliberation and action, be received and filed. Question being taken, the motion was carried. 42. Kittv Biischlepp- COpy Of Account Of Great Fire Of 1877 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Kitty BUschlepp submitting a copy for each of the Mayor and Councillors of George Stewart's account of the Great Fire in Saint John of June 20, 1877, and suggesting a public banquet for the 125 observance of the Great Fire, be received and filed and Ms. BUschlepp be thanked for the books for the Council members. Question being taken, the motion was carried. 89-146 COMMON COUNCIL JUNE 10, 2002 43. Sandra Whitenect - Condition Of Sidewalks On Grandview Avenue On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Sandra Whitenect submitting a petition on behalf of residents of Grandview Avenue and surrounding areas requesting that the City consider Grandview Avenue in its budget plans as it has been in bad repair for a number of years and is in need of upgrading; and expressing concern about the lack of sidewalks and the condition of the asphalt along Grandview Avenue, be referred to the budget process. Question being taken, the motion was carried. Adiournment The Mayor noted the next regular meeting of Common Council in open session on June 24, 2002, and declared the meeting adjourned. Common Clerk