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1998-01-26_Minutes 86-815 COMMON COUNCIL JANUARY 26, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of January, AD. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; C. Robichaud, Commissioner of Human Resources; P. Woods, Deputy Commissioner of Finance; B. Morrison, Director of Recreation and Parks; M. Jamer, Director of Water and Sewerage Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; B. Malone, Planner; C. Cogswell, Acting Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Walter Perry of the First Wesleyan Church offered the opening prayer. (Councillor Waldschutz withdrew from the meeting.) 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on January 19, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks (Councillor Waldschutz re-entered the meeting.) Mayor McAlary, in noting the number of Municipal Operations and Human Resources employees present at the meeting, acknowledged Mr. Charles Robichaud on his pending retirement from the City's employ on January 30, to whom she presented a framed print. Mr. Robichaud accepted the gift with appreciation and commented briefly on his employment with the City of Saint John. Mayor McAlary thanked City crews for their work over the weekend during the heavy rain; and proclaimed February 1 to 7 as National Therapeutic Recreation Week, as well as White Cane Week in the City of Saint John, the white cane being a symbol of blindness and accessibility. Mayor McAlary presented a token of appreciation to CBC reporter, Anthony St. Germain, who will be leaving Saint John to take up residence in Ottawa. 86-816 COMMON COUNCIL JANUARY 26, 1998 4. Establishment Of And Appointments To Board Of Police Commissioners Consideration was given to a letter from Mayor McAlary submitting resolutions further to discussion in Committee of the Whole on January 19 regarding the establishment of and appointments to a board of police commissioners. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that pursuant to Section 7(1) of the Police Act, a Board of Police Commissioners for the City of Saint John is hereby established, effective the 17th day of February 1998 at 9:00 a.m.: AND FURTHER BE IT RESOLVED that each of the following persons is hereby appointed, for the term indicated, a member of the Board of Police Commissioners for the City of Saint John: Mrs. Anne Marie Mullin for a term of one year, commencing on the 17th day of February 1998 at 9:00 a.m.; Mr. Gerry Puczko for a term of two years, commencing on the 17th day of February 1998 at 9:00 a.m.; Mr. Lloyd Betts for a term of two years, commencing on the 17th day of February 1998 at 9:00 a.m.; Mr. Edward W. Keyes for a term of three years, commencing on the 17th day of February 1998 at 9:00 a.m.; and Councillor Waldschutz for a term of three years, unless earlier terminated pursuant to Section 5.7(6) of the Police Act, commencing on the 17th day of February 1998 at 9:00 a.m. With regard to a question on training for members of the Board of Police Commissioners, the Mayor advised that training would take place the first two weeks of February, and congratulations were extended to Anne Marie McGrath on her appointment to the Commission by Solicitor General Jane Barry. Question being taken, the motion was carried. *5. Withdrawn Item The Mayor called for a motion to withdraw from the agenda of this meeting, and only for one week, her letter on the matter of appointments to the Aquatic Centre Commission, the Imperial Theatre Commission, and the Trade and Convention Centre Committee in that she was unaware at the time she prepared her letter that the other municipalities gave a term for each of their nominees; however, under the terms of some of the City's private legislation, the new nominees from other municipalities must take the time remaining in the vacating members' terms, thus it must be ensured that the terms are correct. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that item 5, being the Mayor's letter on the matter of appointments to the Aquatic Centre Commission, the Imperial Theatre Commission and the Trade and Convention Centre Committee, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 6. Suggested Change In Council Procedure Read a letter from Councillor Waldschutz proposing for Council's consideration a suggestion for the manner in which Council conducts its meetings so as to minimize the discussion of matters in Committee of the Whole and ensure that matters discussed behind closed doors really belong there, as well as ensure the elimination of "leaks" of the kind which have recently (and traditionally) plagued Council by the presence of reporters in that responsible reporters, who all have the same facts, would be prepared to accede to Council's reasonable restriction on their freedom to disseminate whatever and whenever they please. 86-817 COMMON COUNCIL JANUARY 26, 1998 On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the above matter be referred to the Common Clerk to report back to Council with a proposal for conducting meetings in the future, incorporating the discussion at this meeting. Councillor Waldschutz summarized his letter to the effect that, with advice from staff and information from the Common Clerk, Common Council, at the start of every open session, would decide what was to be held in Committee of the Whole and what was to stay in open session and, once it was decided what was to be held in Committee of the Whole, the general public would be excluded, with representatives of the media, duly authorized by their organization and Common Council, allowed to remain for the purpose of absorbing and gathering background information; and commented on what he was trying to address with his proposal as referenced in his above letter. Councillor Knibb suggested that Council could spend an inordinate amount of time in public session discussing what it wanted to have in Committee of the Whole and in open session, and delay the proceedings of Council enormously by debating the merits of what should be held in public and in private and, in urging Council not to change the procedure that currently exists and leave the discretion on the agenda to the Common Clerk, accompanied by the Mayor and, on occasion, the City Solicitor, suggested that Council should defeat the motion and leave for the new Council the decision on how the matter of "leaks" from private session should be handled. Councillor Vincent referenced the report submitted to Council by the Council Agenda Review Committee; and expressed the view that, while there has been a very significant reduction in the number of items being held in Committee of the Whole, Council has not made enough movement to come current with the practices and methodologies that other centres across the country are using, and that Council should face the challenge of moving it one step further by letting the people who put this Council in power hear publicly the people they elect and have the rationale for how they vote. Councillor Fitzpatrick concurred that the proposal would prolong Council meetings; and Councillor Trites made the observation that the proposal would mean that, if there were an item he felt strongly should be in Committee of the Whole, he would have to sit in public and argue his reasons why, so Council may as well discuss the whole item in that, if an argument were to be made strong enough to sway Council toward his point of view, it would be necessary to open up the item to get that point across; and advised that he did not support the proposal because he considered it inappropriate for this Council to start to set ground rules for a new Council. Deputy Mayor Chase expressed the view that, while Council had improved in terms of open government process and procedures, the whole issue of the structure of government needed to be dealt with, noting committee systems and such in place in other municipalities, and that the incoming Council should review the report of the Council Agenda Review Committee of which he was a member. Mayor McAlary advised that she would not support the motion because she did not think it would address the problem of information "leaks" from Committee of the Whole, and also that a review of Council agendas for an entire year would indicate that very few items were in Committee of the Whole that did not pertain to land, labour and legal since Council decided that issues of those nature would be considered in closed session. (Councillor Waldschutz withdrew from the meeting during the above discussion.) Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites and Vincent voting "nay". 7. OrQanization - Saint John Police Force Consideration was given to a report from the City Manager further to a submission at the September 8, 1997 Council meeting on the organization of the Saint John Police Force, commenting on the challenge of designing an organizational structure to best meet the policing needs of the community; submitting the Final Report - Organization - Saint John Police Force, dated January 1998, which addresses a wide range of related issues, concerns and suggestions and, in particular, the following: a policy proposal for organization in accordance with the requirements of the New 86-818 COMMON COUNCIL JANUARY 26, 1998 Brunswick Policing Standards, a recommended organizational structure, the complementary roles of the Chief of Police and the Deputy Chief, the establishment of police officers and civilian staff, a policy proposal for restructuring guidelines - new recruits (previously associated with the report on the restructuring option), and an outline plan for transition. The report also advises that considerable dialogue has taken place in developing the proposed organizational structure and the recommendations related to it, with valuable input from the Implementation Team, Police Management, representatives of the Police Union, City staff and, in fact, Council; points out that the organizational structure has been designed for policy approval purposes at the level of the governance authority, with specific deployment details being a matter for the Chief of Police and the Chief's staff; and makes a recommendation related to the organization of the Saint John Police Force, as detailed in the submitted report. Acting Chief Cogswell, through a computerized presentation, highlighted the above proposal. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council approve the following, related to the organization of the Saint John Police Force, as detailed in the submitted Final Report - Organization - Saint John Police Force, dated January 1998: (a) the policy entitled, "Organization - Saint John Police Force", submitted as Appendix "A"; (b) the organizational structure, submitted as Appendix "B", recognizing that the transition process will be carefully managed, in accordance with the considerations enunciated in this report; (c) the policy entitled, "Restructuring Guidelines - Saint John Police Force", submitted as Appendix "C"; (d) the Establishment of the Saint John Police Force in the total number of 197 permanent positions, comprising 23 civilians and 174 police officers, with a rank structure of Chief, Deputy Chief, Inspector, Sergeant and Constable; (e) the elimination of three civilian support positions - Administrative Assistant (Management, Grade II), CPIC Supervisor (Clerical/Technical, Group 5), and Stenographer I (Clerical/Technical, Group 2); (f) the addition of three civilian support positions - Administrative Assistant (Administrative/Non-Union, Group 5) and two of Administrative Coordinator (Clerical/Technical, Group 5); (g) the addition of a Victim Services Coordinator (Clerical/Technical, Group 7); (h) the addition of a civilian, senior management position of Executive Officer (Management, Grade VI), with the understanding that such position be staffed with a senior police manager until normal attrition creates a vacancy in the overall number of management positions; (i) the transfer of the position of Network Administrator (Clerical/Technical, Group 7) and related funding from the Police Force to the jurisdiction of the City Manager; U) communications and information technology support services be provided by the City administration, in accordance with terms and conditions arranged by the City Manager and the Chief of Police; and (k) police officers or civilian staff holding ranks or civilian classifications other than those provided for in the Establishment be "grandfathered", that is, the current incumbent only shall continue to hold that rank or classification until a future change in status, and further that such officers and employees be employed in roles which reflect the new Establishment and the related organization structure, commensurate with their abilities and qualifications. Acting Chief Cogswell, in response to questions, confirmed that the proposed organizational structure was flexible enough so as not to tie the hands of the incoming Board of Police Commissioners and new leadership or the strategic planning process, and also that the entire Force would be participating in community policing and that the organizational structure would all be done within the existing budget. Mmes. Anne Marie McGrath and Anne Marie Mullin, and Saint John Police Constables D. Oram and J. Wilcox were present at the meeting, and the Mayor acknowledged their efforts, as well as the efforts of all members of the Saint John Police Force Implementation Team, and asked if the Implementation Team had completed its work, noting that Team Facilitator Keith Taylor would be involved in the two-week training for the new commissioners after which his contract with the City would be complete. Acting Chief Cogswell advised that the Implementation Team had a couple of items to complete to finish up its work. Question being taken, the motion was carried. 86-819 COMMON COUNCIL JANUARY 26, 1998 On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the Common Council of the City of Saint John extend a formal vote of thanks to the Saint John Police Force Implementation Team for the work it has done and that a letter or appropriate certification be given to each of the members of the Team for the major contribution they have made to the re-organization of the Police Force. Question being taken, the motion was carried. 8. Change In Public Hearing Date Zoning By-Law Amendment Re Re-ZoninQ Application Fee On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the report from the City Manager advising that the date set by Council at its January 19 meeting for a proposed Zoning By-Law amendment with respect to the re-zoning application fee was in error and it is not possible to place the required advertisements, thus a new public hearing date of March 2, 1998 needs to be established; and recommending that the public hearing date to consider amending Section 910(3)(a)(ii) of the Zoning By-Law be March 2, 1998 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 9. Proposal For Photocopiers On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of Minolta Business Equipment be accepted for the supply, on a cost-per-copy lease basis of .0325 cents per copy, of 22 new photocopiers for a period of 36 months, from the date of award by Council, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. The Mayor asked Council's consideration at this time of item 16(a), prior to consideration of 10, as the latter proposes an amendment to the Traffic By-Law amendment under 16(a) with respect to an area of Leinster Street. 16(a) Traffic By-Law Amendment Re Residential ParkinQ Permit ProQram On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to the Residential Parking Permit Program, be read a third time and enacted and the Common Corporate Seal be affixed therto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 86-820 COMMON COUNCIL JANUARY 26, 1998 10. Traffic By-Law Amendment Re ParkinQ On Leinster Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of a request by Mr. Joel Levesque of Corporation Communication Limited to the Parking Commission for a change in the Traffic By-Law with respect to parking on Leinster Street and the Commission's subsequent contact with other property owners on that Street between Carmarthen and Wentworth Streets for their views on the proposed changes; and recommending that Council give first and second readings to the submitted Traffic By-Law amendment -- be received and filed: AND FURTHER that the by-law to amend the Saint John Traffic By-Law, with regard to parking on Leinster Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Saint John Traffic By-Law. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Saint John Traffic By-Law, with regard to parking on Leinster Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Saint John Traffic By-Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above-proposed amendment be referred to the Legal Department for appropriate action. Question being taken, the motion was carried. 11. Water And Sewerage Payments At Service New Brunswick On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting information on the option for customers of the City's Water and Sewerage Utility to make bill payments at the Service New Brunswick payment centre located on King's Square North, this pilot project having been developed by the Finance Department in cooperation with staff of Service New Brunswick in the fall of 1997 and successfully implemented beginning October 15, 1997; and advising that customers will receive this information with their next regularly-scheduled billing -- be received and filed. Question being taken, the motion was carried. 12. Appointment Of Director Of Municipal EmerQencv Measures OrQanization Read a report from the City Manager advising of the need for Council to appoint a Director of the Municipal Emergency Measures Organization, in view of the forthcoming retirement on January 30 of Mr. Charles Robichaud who is the current Director. 86-821 COMMON COUNCIL JANUARY 26, 1998 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council appoint Mr. Paul Groody, P.Eng., the Commissioner of Municipal Operations, as the Director of the Municipal Emergency Measures Organization, in accordance with section 3(b) of the Saint John Emergency Measures By-Law and section 9(b) of the Emergency Measures Act. Question being taken, the motion was carried. 13. Re January 12, 1998 Council Resolution License For Loch Lomond Hatcherv Consideration was given to a report from the City Manager advising of the need to rescind Common Council resolution of January 12, 1998 supporting the request of Canadian Caviar Company Inc. and giving concurrence to a license between the Department of Fisheries and Oceans and Canadian Caviar Company Inc. for the reason that the Company has not registered as an extra-provincial company in the Province of New Brunswick which was required by one of the conditions, but has incorporated a company in New Brunswick under the Companies Act by the name of The Canadian Sturgeon Conservation Centre Ltd., thus the license, as submitted, has been amended and is now between the Department of Fisheries and Oceans and The Canadian Sturgeon Conservation Centre Ltd.; and advising that the recommendation has been prepared by the Legal Department and, if passed, will provide the requested concurrence to the proposed license. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Common Council rescind its resolution of January 12, 1998 giving concurrence to a license between the Department of Fisheries and Oceans and Canadian Caviar Company Inc. with regard to the Loch Lomond Hatchery: AND FURTHER that as recommended by the City Manager, Common Council support the request of The Canadian Sturgeon Conservation Centre Ltd., give concurrence to the proposed license as submitted between the Department of Fisheries and Oceans and The Canadian Sturgeon Conservation Centre Ltd., provided: (a) the Company obtain written concurrence from Irving Oil Limited; and (b) release and hold harmless the City, its officers, servants, agents, contractors and workers, from any and all liability for any and all claims, actions and damages that may be suffered by The Canadian Sturgeon Conservation Centre Ltd. or any other party in the occupancy and operation of the Saint John Fish Culture Station at Lakewood in the said City which may be caused from: (i) discharge of chlorine into Little River; (ii) increased sedimentation in Little River: (iii) low water conditions in little River; (iv) breakage and/or leakage of any of the City's watermain(s); or (v) any other action undertaken by or on behalf of the City; and further that Common Council give authority to the Mayor and Common Clerk to execute such documentation as may be required to give effect to the herein-given concurrence. Question being taken, the motion was carried. 14. Plebiscite On Wards Consideration was given to a report from the City Manager noting Council's examination of the issue of elections by ward, including consideration of the City Manager's report at the December 1, 1997 Council meeting explaining the criteria for conducting a plebiscite on changing from an at-large system of municipal elections to a system of elections by ward; advising that the next step is for Common Council to submit to the Municipal Electoral Officer the question that will be the subject of the plebiscite and, if the Municipal Electoral Officer is satisfied that the question is within the powers of the municipality and is not vague, confusing or unclear, the question will be 86-822 COMMON COUNCIL JANUARY 26, 1998 approved for use in the plebiscite; and recommending that the question as stated herein be submitted to the Municipal Electoral Officer, to be included in a plebiscite during the municipal election May 11, 1998. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the following question be submitted to the Municipal Electoral Officer, to be included in a plebiscite during the municipal election May 11, 1998: "Are you in agreement to changing to a system of municipal election in which some or all councillors are elected by ward?". Councillor Brown expressed the view that the proposed question was not clear enough. Question being taken, the motion was carried with Councillors Ball and Brown voting "nay". * Added Item On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that item 24 on the Committee of the Whole agenda of this date, being the City Solicitor's report on the plebiscite issue, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. *24. Plebiscite - Calculation Of Results Consideration was given to a report from the City Solicitor regarding the determination of whether a municipality must implement the results of a plebiscite vote, which he undertook to confirm at the January 19 Committee of the Whole meeting; and, in citing Section 68(5) of the Municipalities Act, advising that, in determining the percentage of affirmative votes in a plebiscite, the denominator is the total number of votes cast on the plebiscite question; in other words, those ballots on which no vote is cast on the plebiscite question are irrelevant in determining the outcome of the plebiscite, and the legislation makes it very clear that the question posed in the plebiscite must be susceptible to a yes/no vote which, in turn, creates a challenge when, as in the case at hand, there are more than two choices, e.c. wards/at large/or a combination of the two. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 15. Earlv Retirement (Police) Option Consideration was given to a report from the City Manager referring to Council's approval on December 15, 1997 of a policy entitled, "Early Retirement (Police) Option" which authorized a limit of 12 retirements; and advising that a total of 17 applications were received under this Policy for which eligibility is to be determined on the basis of seniority in service and, in ranking the applications based on seniority as indicated in the submitted Schedule A, it was noted that the individuals ranked as 11, 12 and 13 commenced service on the same day, with the question now being whether all three are eligible or whether two of the three are qualified under the Policy. The report also advises that, at the time the 3 officers in question were hired, there was an agreement reached as to the order in which they would be placed on the 86-823 COMMON COUNCIL JANUARY 26, 1998 Department's seniority listing which is used in the administration of various provisions of the collective agreement and, given the significance of an early retirement option, it would seem unfair to limit anyone of the 3 individuals from qualifying for the package as a result of this earlier administrative decision; and proposes that, as one of the individuals recommended for the retirement package is in a management position and accordingly does not have to be replaced at this time and, if this position is not filled for at least twelve months from the effective date of the retirement of the officers in questions, then the financial saving will offset the cost of extending the retirement package to include the thirteenth officer. The report further advises that a request for information on the merits of extending the Policy to allow all 17 applicants to retire would be reported on as a separate issue, and also that, if the 13 individuals recommended are approved and the number of new recruits hired is limited to 8, then the total savings for the 1998 fiscal year would be approximately equal to the budget provision; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Common Council: (a) approve an amendment to the Early Retirement (Police) Option Police under subsection 3.3. increasing the limit on retirements to be approved from 12 to 13; (b) retire John Kilpatrick, Robert Ryan and Douglas Ward on the order of Common Council pursuant to Section 12(1)(d) of the City of Saint John Pension Act; and (c) limit the replacement of positions vacated to 12, being 4 Ports Canada Police Officers and 8 new recruits, for the remainder of the 1998 fiscal period. Question being taken, the motion was carried. 16(b) Parking Meter By-Law Amendment Residential ParkinQ Permit ProQram On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number M-118-8 A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to the Residential Parking Permit Program, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number M-118-8 A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. 17. Water And Sewerage By-Law Amendment Permits & Fees For Sprinklers And Hvdrants. And Wastewater Permits Consideration was given to a letter from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the Water and Sewerage By-Law, which was given first and second readings at Council's last meeting, with regard to permits and fees for private sprinkler systems and fire hydrants, and wastewater permits. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", with regard to permits ad fees for sprinklers and hydrants, and wastewater permits, be read a third time and enacted and the Common Corporate Seal be affixed thereto. 86-824 COMMON COUNCIL JANUARY 26, 1998 The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". 18(a) Municipal Plan Amendment And (b) Re-ZoninQ Of 785 Loch Lomond Road 18{a) On motion of Councillor Knibb Seconded by Councillor Brown 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 1.3 acres located at 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 18{b) On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the by-law entitled, "By- Law Number C.P. 100-456 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 1.3 acres located at 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that the said re-zoning be subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is restricted to residential use and/or a car sales lot, together with accessory sales office; (b) a car wash facility, if installed, must be connected to a City storm or sanitary sewer system in a manner acceptable to the Chief City Engineer; (c) the commercial use of the site must be developed and maintained in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating location of all buildings and structures, parking areas, vehicle display areas and driveway entrances/exits, freestanding sign (if any), and landscaping, including a minimum 10-foot landscaped area long the front lot line; (d) all parking areas, vehicle display areas and driveways must be paved with asphalt; (e) all work necessary to complete the development in accordance with the approved site plan must be completed within one year of building permit approval; and (f) the proponent must provide security in the form of a letter of credit for $5,000 to ensure completion of the paving work mentioned in condition (d). The by-law entitled, "By-Law Number C.P. 100-456 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 86-825 COMMON COUNCIL JANUARY 26, 1998 19. Water And Sewerage By-Law Amendment Re Rates And Discounts On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and discounts, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". 20. City Market Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "By- Law Number C-115-14 A By-Law To Amend A By-Law Relating To The Market In the City Of Saint John", with regard to fees, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-14 A By-Law To Amend A By-Law Relating To The Market In the City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". 21. (Leon) Leandre & Norma Girouard Application To Re-Zone 117 Glen Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of (Leon) Leandre and Norma Girouard for the re-zoning of property at 117 Glen Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk