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2000-01-24_Minutes 87-834 COMMON COUNCIL JANUARY 24, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of January, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; E. LeBlanc, Insurance and Claims Officer; 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. Douglas Woods of Silver Falls United Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on Monday, January 10, 2000, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 801 Loch Lomond Road & 171 Mark Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 801 Loch Lomond Road and 171 Mark Drive (portions of NBGIC Numbers 436659 and 424432), having an area of approximately 19 hectares (47 acres), from "R-2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and "I-R" Restricted Industrial to "BP" Business Park classification, to permit the development of a proposed business park, as requested by Moose Mountain Farms Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its January 18, 2000 meeting at which Ron Scott, on behalf of the applicant, expressed agreement with the recommendation contained in the staff report and Dan LeBlanc, on behalf of the City's Real Estate and Facility Management Department answered questions related to the proposed Mark Drive by-pass project and the Business Park Development Incentive Program; and advising of concerns and suggestions expressed by Doug Brooks, William Lewin and Stephen Cronk, who also addressed the Committee; and also advising of the Committee's adoption of the staff recommendation, with an additional condition (g) (vii) that would prohibit the use of the residential section of Mark Drive by construction vehicles and its direction to staff to prepare a drawing illustrating what is meant by the words "residential section of Mark Drive" for attachment to the Committee's letter to Council, as well as its direction to the Manager of Community Planning to prepare a letter to the Chief of Police, on behalf of the Committee, to request enforcement of the 87-835 COMMON COUNCIL JANUARY 24, 2000 existing regulations concerning truck traffic on Mark Drive. Also In the report, the Committee recommends that Common Council re-zone a parcel of land located at 801 Loch Lomond Road and 171 Mark Drive, having an area of approximately 19 hectares (47 acres), also identified as being portions of NBGIC Numbers 436659 and 424432, from "R-2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and "I-R" Restricted Industrial to "BP" Business Park classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the re-zoned area is limited to the applicant's proposal to develop a business park subdivision; (b) no lot in the proposed business park shall be developed, except in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (c) no lot in the proposed business park shall be developed, except in accordance with a detailed site plan and detailed elevation plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating all buildings, structures, landscaped areas, parking areas, driveways, exterior lighting, signs and other site features; (d) the plans mentioned in (b) and (c) above must be attached to the building permit application for the development to which it applies, but not including any permit for site preparation or foundation; (e) all parking areas, loading areas and driveways must be paved with asphalt and enclosed with continuous cast-in-place concrete curbs; (f) all areas of the site not occupied by buildings, structures, parking areas, loading areas and driveways must be landscaped, and the landscaping must extend into the street right-of-way to the edge of the developed street; (g) in addition to the above conditions, the following conditions apply specifically to that portion of the proposed business park lying between the proposed City-owned buffer area adjacent to Silver Falls Park subdivision and the proposed Mark Drive by-pass road: (i) warehouses, industrial services and general manufacturing are prohibited; (ii) all facades of the buildings must include high-quality finishes similar to that required for the street-facing facade; (iii) there shall be no access to any lot in the business park from the proposed residential section of Mark Drive; (iv) a minimum building setback of 15 metres (50 feet) and a minimum parking setback of 7.5 metres (25 feet) must be provided from any lot line adjacent to the proposed City-owned buffer area, and the setback area must be graded and landscaped in a manner that provides a visual screen from the residential properties on the existing Mark Drive; (v) buildings and structures shall have a maximum height of one storey; (vi) lighting fixtures shall not be placed on the rear or side facades of buildings and, if exterior lighting is required in the rear or side yard areas of a property, it must be mounted on poles and directed back towards the building; this requirement is in addition to the general requirement in Section 820(14) of the Zoning By-law, which applies to the whole re- zoned area, that "no lighting facility or illuminating device for any purpose may be arranged in such a manner that directs rays of light therefrom to fall upon adjoining premises"; and (vii) construction vehicles are not permitted to use the residential section of Mark Drive; and (h) all work indicated on the approved site and drainage plans, except landscaping, must be completed prior to occupancy of the building, and landscaping must be completed no later than one year following issuance of the building permit for the development. Douglas Brooks of 177 Mark Drive, appearing in opposition to the proposed re-zoning, clarified that he did not wish to speak against the re-zoning as much as to put forth a few concerns, one of the major ones being delineation between residential Mark Drive and the proposed new road which he believed had been clarified, with another concern being that the portion of Mark Drive from Westmorland Road to the residential portion of Mark Drive is only two lanes and cannot handle the traffic. Stephen Cronk of 199 Mark Drive, speaking against the proposal, expressed concern that, in getting the by-pass road, a business park would go along with it on land that was zoned residential, and also about what the buffer zone would be in terms of berming and shrubs as terms such as vegetation were too vague for him; and questioned the recommended Section 39 condition g(iii) in that he did not see how a buffer zone could prevent access to any lot in the business park from the proposed residential section of Mark Drive, his view being that only a fence could stop pedestrians from travelling through there. Mr. Cronk asked if, as Silver Falls Park Development Company Limited has declined participation in the Business Park Development Incentive Program relevant to the enhanced servicing of the by-pass road, this would mean that there would be one standard for the road for a certain distance and another standard for the rest of it; and questioned the Department of Environment's lack of comment on the proposal in view of the fact that a stream and a number of small tributaries which traverse the subject property, as well as the wording in Planning staff's report recommending that building heights be limited to one storey and rear yard setbacks be 87 -836 COMMON COUNCIL JANUARY 24, 2000 increased to a minimum of 50 feet, the latter in that being recommended did not mean that it would happen or be enforced. Mr. Cronk made the observation that, having been advised about a new Ford dealership and Shoppers Drug Mart in the area, this type of development would continue with the business park there, and the residents would have to put up with building in the business park until it was all done, thereby losing whatever peace and quiet and the kind of serenity they have had in their backyards looking out over the subject area. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 801 Loch Lomond Road and 171 Mark Drive (portions of NBGIC Numbers 436659 and 424432), having an area of approximately 19 hectares (47 acres), from "R- 2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and "I-R" Restricted Industrial to "BP" Business Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. With respect to the buffer area, Mr. Baird commented in terms of the land proposed to form it, as well as the consultants' intent to, as part of the design package for the road, undertake a detailed design of the buffer area, and added that, although presently there was not a requirement in the above recommendation for a fence, there may end up being fences on portions of the buffer area but not necessarily all through it, the cost of which would be part of the overall package of improvements which would be paid for by the City, with elements of it to be paid for by the developer. On the issue of standards, Mr. Baird advised that the road would be improved on one end and be quite different on the other end, with the ability to drive through on a paved surface; and, in terms of height and access, referenced recommendations (g)(v) and (g)(iiii), respectively, in the Committee's above report. Mr. Baird, in addressing the concern about the existing two-lane portion of Mark Drive adjacent to Parkway Mercury in view of additional development proposed in the subject area which would result in additional traffic, advised of Municipal Operations' intent to propose, within the 2000 Capital Budget, work in that area, and Mr. Groody commented on improvements that would be proposed for the area between Westmorland Road and the Sears entrance to the McAllister Place Mall. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the by-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 801 Loch Lomond Road and 171 Mark Drive (portions of NBGIC Numbers 436659 and 424432), having an area of approximately 19 hectares (47 acres), from "R-2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and "I-R" Restricted Industrial to "BP" Business Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. 4(a) Zoning By-law Amendment To Re-Zone 257 & 273 Mark Drive & 641 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGIC Numbers 313155, 55123509 and part of 424440), having an area of approximately 6 hectares (15 acres), 87 -837 COMMON COUNCIL JANUARY 24, 2000 from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park classification, to permit the development of a proposed development park, as requested by Silver Falls Park Development Company Limited, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its January 18, 2000 meeting at which Rick Turner of Hughes Surveys & Consultants Ltd., on behalf of the applicant, expressed agreement with the staff recommendation with the exception of proposed condition U) requiring a minimum 100-foot landscaped buffer adjacent to 280- 282 Mark Drive (corner of Martha Avenue), the applicant's proposal being to provide a 60-foot buffer in this area which, in Mr. Turner's opinion would be sufficient given the combination of existing grades and natural vegetation, and Dan LeBlanc of the City's Real Estate and Facility Management Department answered questions related to the proposed Mark Drive by-pass project, land negotiations, expropriation process and the Business Park Development Incentive Program. The report advises of the comments of Doug Brooks, William Lewin and Stephen Cronk in addressing the Committee in opposition to the proposal, and of the Committee's adoption of the staff recommendation with the following changes: (1) an additional condition (i)(7) that would prohibit the use of the residential section of Mark Drive by construction vehicles; and (2) reducing the recommended buffer adjacent to 280-282 Mark Drive (condition un to 18 metres (60 feet), as requested by the applicant, on condition that the development of the buffer area be in accordance with a detailed plan, subject to the approval of the Development Officer, illustrating the exact landscaping features to be employed; and recommends that Common Council re-zone various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road, having an area of approximately 6 hectares (15 acres), also identified as being NBGIC Numbers 313155,55123509 and part of 424440, from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the re-zoned area is limited to the applicant's proposal to develop a business park subdivision; (b) no lot in the proposed business park shall be developed, except in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (c) no lot in the proposed business park shall be developed, except in accordance with a detailed site plan and detailed elevation plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating all buildings, structures, landscaped areas, parking areas, driveways, exterior lighting, signs and other site features; (d) the plans mentioned in (b) and (c) above must be attached to the building permit application for the development to which it applies, but not including any permit for site preparation or foundation; (e) all parking areas, loading areas and driveways must be paved with asphalt and enclosed with continuous cast-in- place concrete curbs; (f) all areas of the site not occupied by buildings, structures, parking areas, loading areas and driveways must be landscaped, and the landscaping must extend into the street right-of-way to the edge of the developed street; (g) prior to a building permit being sought for development of any lot, the developer must extend all required services including municipal water, sewer, storm sewer, telephone and power and street lighting to the lot and, where the existing overhead utility lines exist on the section of Mark Drive between Martha Avenue and Loch Lomond Road, such overhead lines must be replaced by underground or rear-lot overhead lines at the developer's expense; (h) prior to a building permit being sought for development of any lot, the developer must either (1) in accordance with detailed plans to be prepared by the developer and subject to the approval of the Chief City Engineer, install concrete curb and sidewalk meeting City specifications along the frontage of the lot (dropped at driveway entrances), together with necessary asphalt pavement between the edge of the curb and the existing paved surface of the street; or (2) provide security to the City in an amount to be determined by the Chief City Engineer, based on City specifications, to ensure the completion of the work described in subparagraph (1) above prior to occupancy of the building; (i) in addition to the above conditions, the following conditions apply specifically to that portion of the proposed business park lying between the proposed City-owned buffer area adjacent to Silver Falls Park subdivision and the proposed Mark Drive by-pass road, as well as to the first lot adjacent to the residential lot at 280-282 Mark Drive: (1) warehouses, industrial services and general manufacturing are prohibited; (2) all facades of the buildings must include high-quality finishes similar to that required for the street-facing facade; (3) there shall be no access 87 -838 COMMON COUNCIL JANUARY 24, 2000 to any lot in the business park from the proposed residential section of Mark Drive; (4) a minimum building setback of 15 metres (50 feet) and a minimum parking setback of 7.5 metres (25 feet) must be provided from any lot line adjacent to the proposed City-owned buffer area, and the setback area must be graded and landscaped in a manner that provides a visual screen from the residential properties on the existing Mark Drive; (5) buildings and structures shall have a maximum height of one storey; (6) lighting fixtures shall not be placed on the rear or side facades of buildings and, if exterior lighting is required in the rear or side yard areas of a property, it must be mounted on poles and directed back towards the building; this requirement is in addition to the general requirement in Section 820(14) of the Zoning By-law, which applies to the whole re- zoned area, that "no lighting facility or illuminating device for any purpose may be arranged in such a manner that directs rays of light therefrom to fall upon adjoining premises"; and (7) construction vehicles are not permitted to use the residential section of Mark Drive; U) a minimum 18-metre (60-foot) wide landscaped buffer area must be created and maintained adjacent to the residential lot at the intersection of the existing Mark Drive and Martha Avenue (civic #280-282 Mark Drive), and the buffer area must be developed and maintained in accordance with a detailed plan, subject to the approval of the Development Officer, illustrating the exact features to be employed; (k) the issuance of any building permit on any existing lot and/or the creation of any lots within the re- zoned area shall require the vesting of sufficient land for any necessary street widening and service extensions/improvements; (I) no lot shall be developed within the re-zoned area, other than site preparation, until such time as the proposed Mark Drive by-pass is completed and open to traffic; and (m) all work indicated on the approved site and drainage plans, except landscaping, must be completed prior to occupancy of the building, and landscaping must be completed no later than one year following issuance of the building permit for the development. Douglas Brooks of 177 Mark Drive spoke in opposition to the proposed re-zoning and, having expressed the view that the developer was the reason for not having the by-pass road before now as he has held up the project for a year, advised that he was against this proposal to change the lots of land in question from residential to commercial, unless the developer is willing to give the City nine feet of land so that, when the City does develop the road, it would have a seventy-five foot right-of-way in which to put services, rather than having to dig up pavement in order to do so when people buy lots from the developer. Stephen Cronk of 199 Mark Drive, appearing in opposition to the proposal, referenced Lots A, B, C and D on the proposed development plan submitted with the above correspondence in that, based on his understanding that the services would go in as the property was developed, there would be sidewalks, street lighting and curbing put in, for example, Lot B and then they would end again; and expressed the view that, if a business park were to be developed, it should be done right and it could not be done right by providing for a seventy-five foot right of way along the road until it came to a certain point where it reached a sixty-six foot right-of-way where it would be necessary to dig up the road to put in the services as the business park developed. Mr. Cronk referred to the seventy-five foot right-of-way the City would obtain from both Moose Mountain Farms Ltd. and McAllister Place; and expressed the view that Council should not re-zone the subject land unless the applicant is willing to sign the same agreement to put the services in and recover its money when it sells or builds on its lots. Rick Turner of Hughes Surveys & Consultants Ltd., appearing in support of the application on behalf of Silver Falls Park Development Company Limited, expressed agreement with the Planning Advisory Committee's recommendation; and explained that the development in the end would have a full-serviced road; however, a condition of re-zoning of the existing residential area required the applicant to make a second connection from the subdivision to Loch Lomond Road, and the applicant's position from the start on this issue, has been that, if the road has to be relocated, and he should not have to tear out the road he has already built and build it a second time at a different location at his cost. Mr. Turner apprised Council of reasons why this issue has been held up, the applicant not having been available to negotiate for a time, as well as reasons why the applicant considered it inappropriate to, basically, partner in a proposal similar to that with Moose Mountain Farms; and advised that, in going above the re-zoning issue with which Council was now dealing to the subdivision of the property, the applicant was aware that there were conditions, and is in agreement with them, when lots are created and if additional land is required for the roadway to put the services off to the side so that the road does not have to be torn up or to minimize any disruption on the existing road. Mr. Turner commented on the buffer strip issue in terms 87 -839 COMMON COUNCIL JANUARY 24, 2000 of it being much easier to handle on the subject property because of its location and topography, and the applicant's willingness to carry out further upgrading, manicuring, fencing or whatever is spelled out in the detailed plan to be prepared later on. Mr. Turner also commented on the lots indicated in the development plan to address a reference to a request for a variance with regard to size for Lot A as well as a reference to fill on Lot B; and advised that, with regard to Lots C and D which are currently zoned residential, it would be unlikely that they would be left as such if any of the proposals go through and Mark Drive gets reconstructed because the applicant would not want to create the same situation as is there today by putting housing along the by-pass road. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning various parcels of land located at 257 Mark Drive, 273 Mark Drive and 641 Loch Lomond Road (NBGIC Numbers 313155 and 55123509 and part of 424440), having an area of approximately 6 hectares (15 acres), from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "BP" Business Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Mr. Baird addressed the issue of the right-of-way width based on a design prepared by an engineering consulting firm and the fact that, to this point, the applicant has declined to participate, meaning that in the initial stages a paved surface only would be built within a sixty-six foot right-of-way; and commented on the sequence of things that would have to be done, if the re-zoning were approved, in terms of extending services along the road when individual proposals come forward to construct buildings in the area, referencing Section 39 conditions (g) and (h) as recommended above, as well as recommendation (k) which speaks to the potential for there being the need for widening. Mr. Baird responded to questions on the nature of the agreements with McAllister Place Ltd. and Moose Mountain Farms in terms of servicing and payment, and confirmed Councillor Trites' observation that there would be no cost to the developers until the lots along the new road were developed or sold and development was about to take place, thus the City would basically be carrying the cost until development took place. Councillor Trites questioned re-zoning of the subject property until such time as there was an agreement with the applicant in that, in his view, it did not make sense for the City to spend $1.6 or $1.7 million building a road which would become a two-class road at a property line; and, in acknowledging that the road would still go through if Council were to deny the application, suggested that Council should table this matter until April 3, or earlier if an agreement were reached, on the basis that staff be allowed time to continue negotiations with the applicant to see if the City can get the road built right. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be laid on the table until April 3, 2000, or earlier if an agreement is reached, and staff continue negotiations with the applicant with regard to the Mark Drive by-pass road. Question being taken, the tabling motion was carried with Councillor Desmond voting "nay". 5(a) Zoning By-law Amendment To Re-Zone 171 Mark Drive & 801 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 171 Mark Drive and 801 Loch Lomond Road (portions of NBGIC Numbers 424432 and 436659), having an area of approximately 2500 square metres (.6 acres), from "I-R" Restricted Industrial to "R-2" One and Two Family Residential classification, to remove the land from an industrial zone category and place it in a zone appropriate to its proposed use as a natural buffer area, as requested by the City of Saint John, and no written objections were received in this regard. 87 -840 COMMON COUNCIL JANUARY 24, 2000 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its January 18, 2000 meeting at which Douglas Brooks indicated that, as the property owner adjacent to the site, he was in favour of the proposed re-zoning; and recommending that (1) Common Council re-zone a parcel of land located at 171 Mark Drive and 801 Loch Lomond Road, having an area of approximately 2500 square metres (.6 acres), also identified as being portions of NBGIC Numbers 424432 and 436659), from "I-R" Restricted Industrial to "R-2" One and Two Family Residential classification; and (2) if and when the area to the southeast of the City-owned lands is re-zoned for non- residential purposes, the City prepare and carry out a plan (to be prepared by a landscape architect or other qualified professional) for enhancement of the City-owned land as a buffer area, including grading, berming and landscaping features designed to create a visual and sound barrier along the edge of the business park. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-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 171 Mark Drive and 801 Loch Lomond Road (portions of NBGIC Numbers 424432 and 436659), having an area of approximately 2500 square metres (.6 acres), from "I-R" Restricted Industrial to "R-2" One and Two Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-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 171 Mark Drive and 801 Loch Lomond Road (portions of NBGIC Numbers 424432 and 436659), having an area of approximately 2500 square metres (.6 acres), from "I-R" Restricted Industrial to "R-2" One and Two Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. 6(a) Zoning By-law Text Amendment - Licensed Restaurants In "B-1". RM-2" & RM-3" Zones The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to add the words "without a license under the New Brunswick Liquor Control Act" after the word "restaurant" in Sections 320(1)(b), 330(1)(b) and 510(1)(a), to prohibit restaurants with liquor licenses in the "B-1" Local Business, "RM-2" High Rise Multiple Residential and "RM-2" Central Area Multiple Residential zones, as requested by the City of Saint John, and no written objections were received in this regard; 6{c) a letter in support of the proposed amendment having been received from Harbour View High School SPAC. 6{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its January 18, 2000 meeting at which Dorothy Dawson urged the Committee to recommend that Common Council enact the proposed amendment; and recommending that Common Council amend the Zoning By-law by: (1) adding the words "without a license under the New Brunswick Liquor Control Act" after the word "restaurant in Section 320(1)(b); (2) adding the words "without a license under the New Brunswick Liquor Control Act" after 87-841 COMMON COUNCIL JANUARY 24, 2000 the word "restaurant" in Section 330(1)(b); and (3) adding the words "without a license under the New Brunswick Liquor Control Act" after the word "restaurant" in Section 510(1)(a). Dorothy Dawson of 368 Dawson Avenue spoke in favour of the proposed amendment which would prevent the corner store down the block from Harbourview School (formerly Vocational School) and her house from being turned into a place with a liquor license. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by adding the words "without a license under the New Brunswick Liquor Control Act" after the word "restaurant" in Sections 320(1)(b), 330(1)(b) and 510(1)(a), be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, by adding the words "without a license under the New Brunswick Liquor Control Act" after the word "restaurant" in Sections 320(1)(b), 330(1)(b) and 510(1)(a), be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) * Added Items On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that Nominating Committee recommendations and a recommendation regarding Red Rose Financiallnc.'s option agreement on the Red Rose Tea and Drury Lane parking lot sites, which were considered in Committee of the Whole earlier this date, be added to the agenda of this meeting for consideration as items 21A1, 21A2, and 21 B, respectively. Question being taken, the motion was carried. 7. Mavor's Remarks Mayor McAlary proclaimed February 2000 as Heart Month, and January 27,2000 as Family Literacy Day, in the City of Saint John. (Councillor White withdrew from and Deputy Mayor Chase re-entered the meeting during the above remarks.) 87-842 COMMON COUNCIL JANUARY 24, 2000 8. Re Operation Of Adult Clubs Consideration was given to a letter from Mayor McAlary regarding the City's quality of life and community standards, and the addition to the City within the past two months of an adult club located in Pillars Lounge at 125 Prince William Street, which includes total nudity and permits patrons to touch performers for a fee, the latter against which the City has taken the necessary steps to date against the owners and operators of 125 Prince William Street in an attempt to stop this activity and bring the property back into compliance with the Zoning By-law, and the Liquor Licensing Board of the Province of New Brunswick has proceeded to take action for alleged violations of the Liquor Licensing regulations as the liquor license presently held by Pillars Lounge Inc. does not permit exotic or adult entertainment; and recommending that, based on her understanding that the Province of New Brunswick is considering changes to the Liquor Licensing Act and the City of Saint John will hopefully have the opportunity to recommend suggestions for these changes and as it is most important for Common Council to express its opinion on what it is not prepared to tolerate in the community, Council advise the Premier of the Province of New Brunswick, Bernard Lord, that it does not wish to tolerate "strip, touch, nudity or massage" operations in the municipality and that it strongly supports the Province of New Brunswick making the necessary changes to its legislation to cease this type of activity in the municipality and the entire Province. The Mayor asked, as there have been some changes since she put the above letter on the Council agenda for the January 17, 2000 meeting which was cancelled, for a motion to send a letter to Premier Bernard Lord requesting his support in changes to the Provincial legislation which would enhance and strengthen the enforcement provisions under the Liquor Control Act. On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that a letter be forwarded to Premier Bernard Lord requesting his support in changes to the Provincial legislation which would enhance and strengthen the enforcement provisions under the Liquor Control Act. (Councillor White re-entered the meeting.) The Mayor commented on the basis that the type of activity happening at 125 Prince William Street at this particular time was prohibited under the City's Zoning By-law, as well as on the process in place under the Zoning By-law, which provides for an adult entertainment facility, whereby a person who wished to have this type of business could apply for a By-law amendment. Councillor Titus advised his intention to vote against the above motion in that he did not think it was prudent at this point in time to make a stand one way or the other, and that Council should let both the By-law and the Provincial legislation look after themselves, and stay the course and deal with the matter as it is presented to Council. Councillor White noted that the process in hearing Zoning By-law applications was one requiring Council members to be open minded and unbiased; and asked, if Council were to proceed in the manner proposed at this time, what effect, if any, it might have in regard to the perception possibly of bias on behalf of Council if the business owner in this case were to come forward to apply for a Zoning By-Iawamendment. Mr. Nugent advised that his understanding of the law in terms of the rule that would apply to disqualify a member of Council from proceeding in participating in a vote following a public hearing on a re-zoning issue was that a Council member must be able to consider submissions in favour of and in opposition to a proposed revision to the Zoning By-law honestly and fairly and with an open mind; and expressed the view that the motion before Council was independent of the Zoning By- law and would not disqualify any member of Council from participating in a public hearing that might subsequently be held should someone apply for an amendment to the Zoning By-law to allow an adult entertainment facility to be located somewhere within the City. Question being taken, the motion was carried with Councillor Titus voting "nay". 87 -843 COMMON COUNCIL JANUARY 24, 2000 9. Encouragement/Promotion Of Business In Prince William Street Area Of City On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Councillor Titus requesting City staff to review and report to Council on the current program(s) and incentive(s) the City has in place to encourage/promote business in the Prince William Street area and what, if any, new incentive(s) staff could suggest that would assist with development of this historic and vital area of the City, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 10. Schedule "B" Of Water And SeweraQe Bv-Iaw Consideration was given to a report from the City Manager submitting a proposed Schedule "B" to the Water and Sewerage By-law, Council on January 10, 2000 having given first and second readings to a proposed amendment to the By-law related to rate increases for the Year 2000 and following which an error was identified related to the consumption ranges contained in Schedule "B" as, in prior years, the consumption ranges were denoted in gallons and for 2000 the ranges were presented in cubic metres and the conversion from gallons was calculated incorrectly; and advising of the City Solicitor's advice that the changes could be incorporated by Council prior to third reading and were not of a significant enough nature to require delaying consideration of the final reading of the By-law amendment. 19. Water And SeweraQe Bv-Iaw Amendment On motion of Councillor Desmond Seconded by Councillor White 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 Corporate Common 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. 11. Response To October 4, 1999 Request For Support Of Jeanie Johnston 2000 Saint John On motion of Councillor Court Seconded by Councillor White RESOLVED that the report from the City Manager responding to the request to Council on October 4, 1999 for financial support of Jeanie Johnston 2000 Saint John, Jeanie Johnston being a replica of a vessel originally built in 1817, scheduled to visit Saint John from July 20 to July 25,2000 as part of an ambitious international Maritime heritage project.; and recommending that Common Council approve financial support from the unspecified grant fund in the amount of $5,000 to be provided to the "Jeanie Johnston" organizational committee in support of the event, and the City of Saint John continue to provide promotional support, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 87-844 COMMON COUNCIL JANUARY 24, 2000 12. Cost SharinQ Re FloatinQ Wharf Read a report from the City Manager referring to discussion in Committee of the Whole on July 26, 1999 on the matter of a floating wharf at which time confirmation was asked by the Saint John Development Corporation that Council was prepared to share in the cost of a new wharf if funding from other sources could be obtained and, on this basis and in consultation with a number of funding partners, the Corporation issued contracts for both the design and construction of a new wharf, which has now been fabricated and will be installed in the spring; submitting correspondence from the Saint John Development Corporation in this regard, and recommending the authorization of cost sharing. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the Commissioner of Finance to make payment to the Saint John Development Corporation for up to 25% of the costs associated with the design and construction of a floating wharf, provided such costs not exceed $25,000. Question being taken, the motion was carried. 13. HIP Application #100 On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #100 for Action Consulting Group for an estimated grant of $48,000 for a development in the Eastwood Subdivision, 1060 Manawagonish Road. Question being taken, the motion was carried. 14. Rockwood Park Promotional/Lure Brochure On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting the new recently published bilingual Rockwood Park promotional/lure brochure, designed to provide general information on the facilities and recreation opportunities available in Rockwood Park, be received and filed. Question being taken, the motion was carried. 15. Review Of Truck Traffic On Mark Drive On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager responding to the November 8, 1999 request for a review of truck traffic on Mark Drive by recommending that Schedule "K" - Truck Restrictions of the Traffic By-law be amended to include Mark Drive, between Martha Avenue and Michael Crescent, as a truck restricted area, which would eliminate the question of whether or not a street is a truck route; and advising that the Police Force agrees with this change, and the recommendation has been discussed with the Planning Department and the proposed change is consistent with future street name changes that will result as a result of the by- pass road; and further recommending that the proposed Traffic By-law receive first and second readings and that it be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to truck traffic on Mark Drive, be read a first time. 87-845 COMMON COUNCIL JANUARY 24, 2000 Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to truck traffic on Mark Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 16. Re 2000 Insurance Read a report from the City Manager advising that, with regard to 2000 insurance, the City's Agent of Record has approached the markets and obtained a renewal quote from the Frank Cowan Company for the 2000 term, the City's account having been offered to twelve companies and the Cowan quote being the only response, with the cost of insurance coverage for the Year 2000 quoted at $620,677, plus the agency fee of $41,500, for a total cost of $662,177, representing an insurance premium increase of 3.25 percent and an increase of 2.47 percent in the agent's fee for an overall increase of 3.2 percent; and highlighting the various coverage, deductibles and premiums as set out on the submitted three schedules. On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Council accept the insurance package offered by the Frank Cowan Company Limited, and approve payments as follows: Frank Cowan Company Limited $620,677; Huestis Insurance Limited $41,500, for a total of $662,177. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 17. Tender For Rental Equipment On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the provision of rental equipment, for a period of one year from the date of award by Common Council, be awarded to the lowest bidder(s) in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 18.(a) Municipal Plan Amendment And (b) Re-ZoninQ 151-155 Sandy Point Road 18{a) On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by amending Schedule 2-A, the Future Land Use 87 -846 COMMON COUNCIL JANUARY 24, 2000 Plan, and Section 2.4.7.15(x) of the Plan by (a) redesignating a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from Light Industrial (Approved Development) to Low Density Residential classification; and (b) redesignating a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from Low Density Residential to Light Industrial (Approved Development) classification, be read a third time and enacted and the Corporate Common 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 Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-521 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (a) a parcel of land with an area of approximately 180 square metres, located at 155 Sandy Point Road (a portion of NBGIC Number 23937), from "1-1" Light Industrial to "R-2" One and Two Family Residential classification; and (b) a parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), from "R-2" One and Two Family Residential to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning of the said parcel of land with an area of approximately 520 square metres, located at 151 Sandy Point Road (a portion of NBGIC Number 23325), be subject to a condition restricting the use of the property to an auto body shop. The by-law entitled, "By-law Number C.P. 100-521 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. 20. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, January 10, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That Common Council resolution of August 23, 1999 for Council to hold at least three meetings a month, plus one Committee of the Whole meeting, if necessary, be amended by deleting the words "if necessary". January 17, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. 87-847 COMMON COUNCIL JANUARY 24, 2000 20.1. Amendment To August 23, 1999 Council Resolution Re SchedulinQ Of MeetinQs On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Titus advised that he would not support the motion because Council could make a decision as need be, thus there was no need to remove "if necessary" . Question being taken, the motion was carried with Councillor Titus voting "nay". 21. Planning Advisory Committee Subdivision 65 Moore Street On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the proposed Harbour Lights Terrace Subdivision at 65 Moore Street, as illustrated on the submitted photo-reduced tentative subdivision plan, which would vest the southwestern portion of the subject lands for public street purposes, and to any required municipal services or public utility easements; (2) assent to a subdivision plan that would vest portions of the City-owned property on the south side of Moore Street, also identified as being portions of NBGIC Number 00028258, as illustrated on the submitted site plan as Parcels "A" and "B" for public street purposes; (3) authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work and facilities, including drainage and site plans for the approval of the Chief City Engineer, on condition that improvements be undertaken to Moore Street by the Subdivider in accordance with plans approved by the Chief City Engineer; and (4) authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By- law. Question being taken, the motion was carried. *21A.1 Appointment to Preservation Review Board On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Nominating Committee, Deborah MacDonald be appointed to the Preservation Review Board for a term of three years. Question being taken, the motion was carried. *21A.2 Appointments To Harbour BridQe Authoritv On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the Nominating Committee, Councillor Fitzpatrick, Brian Beckingham and J. Ladds Batten be re-appointed to the Harbour Bridge Authority for a term of three years effective February 10, 2000. Question being taken, the motion was carried. 87 -848 COMMON COUNCIL JANUARY 24, 2000 *21 B. Amendment To Option Re Red Rose Tea Property On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the Option between Red Rose Financial Inc. and the City of Saint John, authorized by Common Council resolution adopted July 12, 1999, dated July 20, 1999 and amended by Common Council resolution adopted December 20, 1999 be further amended as follows: (i) in clause 15 delete "$275,000.00" and substitute therefor "$245,000.00"; (ii) delete clause 15(b) and substitute therefor (b) "The balance of $240,000.00 shall be paid on the date of closing"; (iii) delete clauses 16 and 17 in their entirety; (iv) in clause 12 delete "and any agreement of lease with a right of purchase", "and any agreement of lease to purchase", "or any agreement of lease to purchase", and the last sentence in the clause; and (v) in clause 18(b) delete "$95,000.00" throughout and substitute "$245,000.00" and following "Parcels 1" add "and 2". Question being taken, the motion was carried. 22. Vicki Stephen - Re Animal Control Bv-Iaw On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Vicki Stephen of 1400 Grandview Avenue explaining her reason for requesting an amendment to the Animal Control By-law to include horses and ponies, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 23. Letters In Concern About City's Funding Reduction For Human Development Council On motion of Councillor Trites Seconded by Councillor White RESOLVED that the following letters of concern about the City's reduction in funding for the Human Development Council: (a) The Saint John Association for Community Living Inc ; (b) Aliant; (c) University of New Brunswick - Saint John; (d) Germain Street United Baptist Church; (e) Jane Bradbrook; (f) Junior Achievement of Greater Saint John Inc.; (g) Centenary-Queen Square United Church; (h) Travis W. Cushing; and (i) the Community Health Centre, be received and filed. The Mayor noted that the Human Development Council, whose presentation had been scheduled for the January 17, 2000 Council meeting which was cancelled, would be making a presentation at the February 7, 2000 Council meeting. Question being taken, the motion was carried. 24. Bishop J. Faber MacDonald Re Human DiQnitv In Society On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the statement from Bishop J. Faber MacDonald of the Diocese of Saint John, to the Mayor's Office, making reference to the statement in the New Year's message of Pope John Paul II that human dignity is the foundation of a healthy and stable society, and applying these words to the current public discussions in the area; and stating that this exploitation of women as objects degrades and demeans, not only the individual but our wider society as well and this is why, in an issue such as this, society is obliged, in the name of our common humanity, to protest, to speak out when that dignity is insulted, be received and filed. Question being taken, the motion was carried. 87-849 COMMON COUNCIL JANUARY 24, 2000 25. Saint John Chapter, Canadian Citizenship Federation Re Concept Of Millennium Monument For Order Of Canada Recipients On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Saint John Chapter, Canadian Citizenship Federation, submitting a concept of a millennium monument for those New Brunswick residents who have been honoured by Canada through the award of the Order of Canada through a visible means of demonstrating through cultural expression the City's heritage, way of life and aspirations of the future, be referred to the City Manager. Question being taken, the motion was carried. 26. Dante Foriere - Re-ZoninQ 233 Lancaster Street On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Dante Foriere for the re-zoning of property located at 233 Lancaster Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 6, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 27. Clark Administrative Consultants Ltd. - CompostinQ On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letter from Clark Administrative Consultants Ltd. advising of its support of the composting program, having been separating its paper products for several years; however, as the increase in cost of in excess of 40% to implement the proposed program would cause much resentment that could jeopardize the entire program, a smaller increase and assessment of the situation in one year would be a more acceptable introduction to this program, be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 28. Ruchi Mohindra - Request For Assistance To Participate In Word University Services Seminar On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Ruchi Mohindra requesting financial assistance to participate in the World University Services of Canada International Seminar in Benin, West Africa, be received and filed. Councillor Titus proposed that Council send Mr. Mohindra a letter of good luck, and the Mayor suggested that there might be people interested in providing support on an individual basis. Question being taken, the motion was carried. 29. Horst SauerteiQ Re CompostinQ On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Horst Sauerteig referring to his previous correspondence to Council regarding the Fundy 87-850 COMMON COUNCIL JANUARY 24, 2000 Region Solid Waste Commission's composting proposal, and to comments made at the January 10, 2000 Council meeting in this regard; and concluding that, while he is convinced of the necessity and the benefits of separating 'at source' all waste, he is not convinced that with the proposed collection methods and those already in operation that the 30% target will be reached in an economically and ecological acceptable way, be referred to the Fundy Region Solid Waste Commission to respond to Mr. Sauerteig, with a copy to Council. Question being taken, the motion was carried. 30. Downtown Ministers' Association Re Strip Clubs In Community On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the President of the Downtown Ministers' Association expressing concern about the establishment of more strip clubs in the community as, in the Association's opinion, they send entirely the wrong message, especially to youth; and urging Council to take all needful steps to discourage and restrict the establishment of such clubs, be received and filed. Question being taken, the motion was carried. 31. Barbara Munroe - FundinQ Commitments On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Barbara Munroe asking, as she has been constantly told by Council and staff that there was no money to extend water services to Ragged Point Road, if the commitment to the Marco Polo Project of $600,000 if the committee receives funding for the other two-thirds of the cost means that the needs of the citizens come after projects such as this, be received and Ms. Munroe be advised that the City's commitment was for the whole waterfront development project and not the Marco Polo Project specifically. It was suggested that the letter should include reference to the City's Water Strategy, as well as an indication of anticipated funding from the other levels of government for waterfront development. Question being taken, the motion was carried. 31A. Matrix Properties Inc. - Amendment To Section 39 Conditions. Re-ZoninQ Of Property On Waterloo Street On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the application of Matrix Properties Inc. for an amendment to the Section 39 conditions of re-zoning of property on Waterloo Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 6,2000 at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment The Mayor noted that the next regular meeting of Common Council would be held on February 7,2000, at 7:00 o'clock p.m., and the meeting adjourned. Common Clerk