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2000-02-07_Minutes 87 -851 COMMON COUNCIL FEBRUARY 7, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of February, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; A Martin, Assistant Deputy 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, in noting that February 7 to 11 was Harmony Awareness Week as indicated under item 5 - Mayor's remarks in the submitted letter from Harmony, Inc., recognized the Sea Belles who sang "The Lord's Prayer", followed by "Back To The River St. John". 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on Monday, January 24, 2000, be approved. Question being taken, the motion was carried. *Withdrawn Items #16 & #17B The Mayor called for a motion to withdraw from the agenda of this meeting items 16 and 17B, being reports from the City Manager in response to the lndiantown Residents Association's concerns, and proposing an amendment to the Water and Sewerage By-law with regard to Schedule "B", respectively, as requested by the City Manager. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the above-mentioned items be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. * Added Item On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that a Committee of the Whole report of this date be added to the agenda of this meeting for consideration as item 17C. Question being taken, the motion was carried. 87 -852 COMMON COUNCIL FEBRUARY 7, 2000 6. SUQQestion Box For City Hall Read a letter from Councillor Titus requesting support from Council to instruct staff to place a suggestion box at the new and very public location in the Shoppes of City Hall area; and suggesting that this location would provide easy access to the general public and may provide new ideas/suggestions that may help improve the operation of our City, and send a message that the City is open to the public and new ideas. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the above matter be referred to the City Manager for implementation. Question being taken, the motion was carried. 7. HIP Applications #101 And #102 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: (1) HIP #101 - Susan Fullerton for an estimated grant of $16,000 for a development at 75 Coburg Street; and (2) HIP #102 - LSO Enterprises for an estimated grant of $100,000 for a development on Moore Street. Question being taken, the motion was carried. 3. Mispec Park Recreation Committee Inc. Presentation Of Recreation Centre Proposal Consideration was given to a Project Proposal for a Mispec Park Recreation Centre, as submitted by Mispec Park Recreation Committee Inc., in anticipation of a presentation scheduled initially for the January 17, 2000 Council meeting which was cancelled, acknowledging the ongoing support through the various projects as outlined herein from the three levels of government, local agencies and the area communities, the City of Saint John having provided gifts-in-kind such as planning and consultation, lending of manpower and heavy equipment to complete work and installation of the playground and multi-purpose areas, the Province of New Brunswick and the Government of Canada having supported projects through manpower and student employment assistance programs, materials management and technical services, and the local community having worked at various organized events such as cleanup programs, fundraising initiatives, special events such as Canada Day activities and the care and maintenance of the Park, the continued support from the partners being required for the successful completion of this Project. Included with the Project Proposal was a Mispec Park Beach House Cost Report, a listing of Mispec Park funding to date, the terms of a proposed agreement - January 2000 between the Committee and the City, floor plans and elevations for the Mispec Park Community Centre, and a conceptual rendering of the facility. Ralph Thomas, representing Mispec Park Recreation Committee Inc., noted the presence at the meeting of Committee Chairman Brian Harris and a number of Committee members; circulated photos to show the work done to date on the Mispec Park Project; and reviewed the above-submitted Project Proposal for Mispec Park. Mr. Thomas requested the City's endorsement and to financially support the development for $100,000 of an investment which would provide the necessary commitment to renegotiate with the Province of New Brunswick to procure the necessary $250,000 to complete the Project, and also that someone from Council be a liaison with the Committee so that the City would know what was going on at Mispec Park. The Mayor commended the members of Mispec Park Recreation Committee Inc. for their efforts at Mispec Park and, in acknowledging the benefits to the City of this Project, advised that her question was whether or not the City could afford to take on another facility, considering the many facilities currently in the City including community centres and arenas, so many groups looking for money, and the condition of 87-853 COMMON COUNCIL FEBRUARY 7, 2000 the Lily Lake Pavilion and the Simonds Arena, both of which needed repairs. The Mayor asked for clarification on the Committee's request in that the Project Proposal referenced $100,000 and the proposed agreement has a section on the City's involvement which includes the provision of an operating subsidy for a period of three years, and Mr. Thomas advised that the submitted proposed agreement was the Committee's response to an agreement proposed by the City as a basis for discussion in coming to an agreement with which both the Committee and the City could live. During discussion Mr. Harris advised that, when the proposal was put forth last year, the Committee's view was that it would take some advertising and a fair bit of work to get the canteen up to a certain level, thus to ensure that the Committee could pay its bills for the first three years it wanted a diminishing subsidy from the City over three years in anticipation that the canteen would self-support in the fourth year; and confirmed Mr. Totten's recollection that the subsidy requested when the Committee was previously before Council was $5,000, $4,000 and $3,000 over the next three years. The Mayor advised that Council would consider the Committee's request and advise accordingly, hopefully by the end of the month. Mayor McAlary welcomed to the Council Chamber local MLAs Carole Keddy and Elizabeth Weir. 4. Human Development Council Re City's Financial Support Consideration was given to a letter from the Human Development Council regarding its request to meet with Council to discuss the financial support of the City, a presentation in this regard having been initially scheduled for the January 17, 2000 Council meeting, which was cancelled, as well as a further letter submitting information on its history, the impact of the City's support, community partners, and its individual supporters. Bridget McGale, President of the Human Development Council, thanked the members of the Board, staff and Executive and the supporters of the Human Development Council present at the meeting, and acknowledged the City of Saint John's past support which has allowed the Human Development Council to work with the representatives of the various groups present as well as with the community at large for the last twenty years. Ms. McGale advised that the purpose of this presentation was to demonstrate to Council the importance of its past support to the Human Development Council and to encourage Council's present and future investment; and, referring to the above correspondence and in reinforcing the views of its supporters and providing Council with a current picture of the Human Development Council's status in the community, focused on three primary ways that the Human Development Council affects the community in (1) generating opportunities for Saint John; (2) serving as a local voice for social issues; and (3) maximizing the City's investment in the Human Development Council. Dr. Ken Coates, Dean of the Faculty of Arts of the University of New Brunswick Saint John Campus, addressed issues surrounding the importance of maintaining a strong local voice in social development; followed by Randy Hatfield, a partner with the law firm of Gorman Nason, who iterated the impact the City's investment has had on the Human Development Council and the community; and Sylvia Borsik, Executive Director of the Family Resource Centre, demonstrated through the example of the Community Loan Fund how the Human Development Council's forward-thinking and proactive voice has affected the community and allowed the Human Development Council to now, today, truly impact Saint John. Ms. McGale concluded the presentation by expressing the hope that everything said at this meeting would demonstrate to Council the importance of its support to the Human Development Council which, as believed by those involved in it, is the primary catalyst to social development in Saint John, and the request for Council to reinstate its funding this year at $39,000, and work toward long-term stable funding for the Human Development Council. The Mayor thanked the delegation for the presentation and recognized the Human Development Council's work in the community; and noted that, should Council change its decision on funding for the Human Development Council, it would be necessary to identify approximately $22,000 in the 2000 Operating Budget for this purpose, this amount being the difference between the $39,000 and the balance in a 87 -854 COMMON COUNCIL FEBRUARY 7, 2000 fund retained by the City for the Human Development Council from monies received from the Provincial/Federal Governments, and also noted the $8,000 given the Human Development Council in lieu of rent for space at the City Market. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the question of funding be referred to the City Manager to revisit the issue and bring forward a financial proposal that may restore all or some funding to the Human Development Council for consideration by Council. Councillor Titus spoke against the motion on the basis that, as the $22,000 in question was minimal and Council could approve it at this time if it wished to do so, Council should decide now if this is part of the business it wished to be in and, if so, referral to the City Manager would be a waste of time; so, if Council wanted to make this part of the City policy, Council should get on with it and indicate that it would support the Human Development Council and, if it did not want to do so, it should tell the Human Development Council that it does not have the money. Question being taken, the motion was carried with Councillor Titus voting "nay". 30. Letters Re Human Development Council FundinQ Consideration was given to the following letters of concern about the City's reduction in funding for the Human Development Council: (a) Sisters of Charity of the Immaculate Conception; (b) Urban Core Support Network; (c) Greater Saint John Teen Pregnancy Committee; (d) Roly Macintyre; (e) United Way of Greater Saint John, Inc.; (f) William 1. Gale; (g) Rev. RE. Freill of Diocese of Saint John; (h) Human Resources Development-NB; (i) Terrence G. Boone; U) Anna O'Hara; (k) Dr. Pamela F. lllman Coates;(I) Community Health Centre; (m) Cherry A. Thorne; (n) Senator Erminie J. Cohen; (0) Paull. Patterson; and (q) Dr. Richard Papenhausen, Director, Student Services, UNBSJ; as well as two additional letters (copies of which were distributed to Council members at this meeting), from Brenda Wright and Catherine Doucette. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letters concerning the City's reduction in funding for the Human Development Council be received and filed. Question being taken, the motion was carried. 8. Re Millennium Project To Commemorate Past Mavors Read a report from the City Manager in response to the request to Council on November 22, 1999 of the Saint John Chapter of the Canadian Citizenship Federation for support in principle of the establishment of a grove of memorial trees in King Square West to commemorate the services of past Mayors of Saint John. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the request of the Saint John Chapter, Canadian Citizenship Federation, to establish a Mayors Memorial Tree Grove in King Square West and further that the City undertake to plant the trees subject to the tree selection, planting pattern and schedule being approved by the Director of Recreation and Parks. Question being taken, the motion was carried. 87 -855 COMMON COUNCIL FEBRUARY 7, 2000 9. Millennium Project Representing City's Ethnic Groups / Countries Consideration was given to a report from the City Manager in response to the request to Council on December 20, 1999 of Multicultural Association of Saint John, Inc. for approval of the development of a special grove of trees to be planted in Queen Square West to be known as the Millennium Heritage Memoria/ Tree Grove representing the various ethnic groups/countries that represent the population of Saint John. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the request of Multicultural Association of Saint John, Inc. to develop a Millennium Heritage Memoria/ Tree Grove in Queen Square West and that the City undertake to plant trees as they are provided, subject to tree selection, planting pattern and planting schedule being approved by the Director of Recreation and Parks. Question being taken, the motion was carried. 10. Re Millennium Project To Honour Order Of Canada Recipients Read a report from the City Manager in response to the request to Council on January 24, 2000 of the Saint John Chapter of the Canadian Citizenship Federation for approval of the establishment of a Millennium monument in King Square West to honour New Brunswick residents who have been recognized by Canada and presented the Order of Canada. On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council deny the request of the Saint John Chapter, Canadian Citizenship Federation, to establish a Millennium monument in King Square West, and further provide the Federation with a copy of the City Manager's report which outlines the reasons why the City does not support the project. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 11. Proposal To Lease Stu Hurlev Arena On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City of Saint John enter into an agreement with Yerxa Sports Clinics Inc. for lease of the Stewart Hurley Arena, under the terms outlined in the submitted Schedule I (dated January 18, 2000), and the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 12. Purchase Of Year 2000 Saint John Visitor Guide Read a report from the City Manager advising that the Saint John Visitor and Convention Bureau estimates that the total cost for 160,000 copies of the Year 2000 Saint John Visitor Guide will be $48,749, plus HST and, although it is expected that $10,000 will be recouped from advertising partnerships and the required monies have been allocated within the present Tourism budget, a commitment must be made to the publisher at this time and the total cost exceeds the City Manager's approval authority. 87-856 COMMON COUNCIL FEBRUARY 7, 2000 On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the purchase of 160,000 Saint John Visitor Guides from Hawk Communications at a cost of $48,749, plus HST, with the monies being provided from the 2000 Tourism Division budget. Question being taken, the motion was carried. 13. Completion Of Section 39 Conditions Of Re-Zoning Morland Mobile Home Park And Adjacent Land Read a report from the City Manager referring to the 1998 re-zoning of a parcel of land adjacent to an existing mobile home park and also to an amendment to a Section 39 agreement which dated back to 1990 with regard to the Morland Mobile Home Park, at the request of Clear View Mobile Homes Ltd.; listing projects included in the Section 39 agreement, as well as the obligations which remain outstanding, the latter about which staff of the Building Inspector's Office has had discussions with the owner's representative and it would appear that the owner is prepared to meet its obligations but has expressed the need for additional time to complete them and has requested that the City not take any enforcement action before July 31, 2000. The report advises of the following options that the City has in this regard: (1) do nothing and allow the developer to complete the obligations at its discretion; (2) redeem the irrevocable standby letters of credit and cause the work to be done by way of calling tenders; (3) begin a process to revoke the re-zoning and the Section 39 amendment; (4) retain the security deposits and advise Clear View Mobile Homes Ltd. that the City will redeem the security on or about August 1, 2000 and cause any outstanding work to be done; and explaining why staff recommends the last option. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Clear View Mobile Homes Ltd. be advised that the City of Saint John will redeem the letters of credit on or about August 1, 2000 and use those funds to cause any remaining obligations, pursuant to the Section 39 amendment, to be completed. Question being taken, the motion was carried. 14. Contract For Animal Control Services Read a report from the City Manager submitting a proposed agreement with the Animal Rescue League for animal control service to the City of Saint John, Council on January 10, 2000 having directed the Commissioner of Finance to disburse to the League a payment calculated based on the previous contract amount for the months of January and February 2000, on the understanding that Building & Technical Services staff would meet further with the League in an attempt to negotiate a further two-year contract; and recommending award of the contract to the Animal Rescue League for animal control services. On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, a contract for animal control services be awarded to the Animal Rescue League on the basis of $115,000 plus HST per year for a two-year period beginning March 1,2000, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Re Section 39 Conditions Of Re-Zoning 801 Loch Lomond Road. 171 Mark Drive Consideration was given to a report from the City Manager citing condition (h) of a proposed Section 39 condition of re-zoning of property at 801 Loch 87 -857 COMMON COUNCIL FEBRUARY 7, 2000 Lomond Road and 171 Mark Drive, as requested by Moose Mountain Farms Ltd., to which Council gave first and second readings on January 24, 2000 (third reading of the proposed amendment and the imposing of conditions pursuant to Section 39 of the Community Planning Act to be considered at this meeting under agenda item 19), and advising of the City Solicitor's concern with regard to the recommended condition (h) in that it could be interpreted to mean that the entire business park must be developed prior to the occupancy of any building in the park, while the intent of the condition is to require the work to be completed only for the individual development on the specific lot and it is recognized that the business park will develop in a phased manner; and recommending the change in condition (h) as set out herein as suggested by the City Solicitor. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the condition (h) of the proposed Section 39 resolution attached to the re-zoning of 801 Loch Lomond Road and 171 Mark Drive be amended to read as follows: "(h) No building shall be occupied until all work indicated on the approved site and drainage plans mentioned in conditions (b) and (c), except landscaping, is completed for the lot on which the building is located. Landscaping of the lot on which the building is located must be completed no later than one year following issuance of the building permit for the development.". Question being taken, the motion was carried. 17. Designation Of Building Inspector For Enforcement ProceedinQs Re 119-125 Prince William Street On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the following resolution be adopted, namely: WHEREAS the property that is located at 119-125 Prince William Street (New Brunswick Geographical Information Corporation Parcel Number 11437), Saint John, NB, is zoned Central Business (B-3) under the Saint John Zoning By-law, but has since approximately the middle of December 1999 been used as an adult entertainment facility wherein some of the persons working therein appear nude or partially nude (the words "adult entertainment facility" and "partial nudity" are defined in the By-law); and WHEREAS the use of a property as an adult entertainment facility is not one of the uses that are permitted in a Central Business zone, and WHEREAS the Building Inspector issued an order that required that the aforesaid use cease but the order has not been complied with and the adult entertainment facility use continues: THEREFORE BE IT RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which will require that the aforesaid violation of the Zoning By-law at the aforesaid property cease immediately. Question being taken, the motion was carried. 17 A. Payment Of Invoice For Expenses Related To Januarv 1998 Ice Storm On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice from the City of Fredericton, in the amount of $30,231.70, related to expenses and costs incurred by the City of Saint John, from January 12 to January 23, 1998, inclusive, following the ice storm. 87-858 COMMON COUNCIL FEBRUARY 7, 2000 Question being taken, the motion was carried. *17C. NominatinQ Committee Report To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, February 7,2000, 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 as recommended by the Nominating Committee, Mr. Gerry Puczko be re-appointed and Dr. G. Edward Lund be appointed to the Saint John Board of Police Commissioners for a term of three years effective February 17, 2000. February 7, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17C.1 Appointments To Police Commission 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 was not satisfied that the City needed a Police Commission, being aware of the recent history and his view that it was kind of forced on the previous Council by the previous government, both of which have changed; and also that he did not support the current system as it now was in place, based on his belief that the City could save in the vicinity of $100,000 if it disbanded the Police Commission, as well as on his perspective that people on such commissions should be accountable and the best way to ensure that being to elect people to them. Question being taken, the motion was carried with Councillor Titus voting "nay". 18. Traffic By-law Amendment To Restrict Truck Traffic On Mark Drive Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment that would restrict parking on Mark Drive, between Martha Avenue and Michael Crescent, which was given first and second readings on January 24, 2000. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that as 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", to restrict truck traffic on Mark Drive between Martha Avenue and Michael Crescent, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Fitzpatrick withdrew from the meeting.) The by-law entitled, "A By-law to Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973 And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 87-859 COMMON COUNCIL FEBRUARY 7, 2000 (Councillor Vincent withdrew from the meeting as he was not present at the January 24, 2000 public hearings for the proposed re-zoning of property located at 801 Loch Lomond Road and 171 Mark Drive, property located at 171 Mark Drive and 801 Loch Lomond Road, and a Zoning By-law text amendment regarding licensed restaurants in specific zones.) 19. Zoning By-law Amendment To Re-Zone 801 Loch Lomond Road & 171 Mark Drive And ImposinQ Of Section 39 Conditions On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-522 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 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 "l-R" Restricted Industrial to "BP" Business Park classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions: (a) the use of the 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) no building shall be occupied until all work indicated on the approved site and drainage plans mentioned in conditions (b) and (c), except landscaping, is completed for the lot on which the building is located, and landscaping of the lot on which the building is located must be completed no later than one year following issuance of the building permit for the development. The by-law entitled, "By-law Number C.P. 100-522 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. (Deputy Mayor Chase withdrew from the meeting.) 87 -860 COMMON COUNCIL FEBRUARY 7, 2000 Question being taken, the motion was carried with Councillor Desmond voting "nay". 20. Zoning By-law Amendment To Re-Zone 171 Mark Drive & 801 Loch Lomond Road On motion of Councillor White Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-523 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 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 "l-R" Restricted Industrial to "R-2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-523 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. 21. Zoning By-law Text Amendment - Licensed Restaurants In "B_1 ". "RM-2". "RM-3" Zones On motion of Councillor Trites Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-524 A Law To Amend The Zoning By-law Of The City Of Saint John", 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 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), be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-524 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 22. 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 31, 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 as recommended by the City Manager, the salary of the incumbents in the positions of Commissioner of Community Services, Commissioner of Environment and Development Services, and Fire Chief each be increased by one step on the Management Pay Scale approved by Common Council on January 1, 1999, effective March 1, 1999; that the salary of the incumbent occupying the position of Commissioner of Municipal Operations be set at Step 2, Group M, on the Management Pay Scale approved by Council as at January 1, 2000, effective March 1, 2000; and that the salary 87 -861 COMMON COUNCIL FEBRUARY 7, 2000 of the incumbent occupying the position of Deputy City Manager be set at Step 2, Group L on the Management Pay Scale approved by Council as at January 1, 2000, effective January 19, 2000. February 7, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 22.1 Salarv Adjustments On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 23. Planning Advisory Committee Re Subdivision 801 Loch Lomond Road & 171 Mark Drive On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to one or more subdivision plans, in one or more phases, with respect to any required municipal services easements and public utility easements, for the proposed subdivision of land at 801 Loch Lomond Road and 171 Mark Drive (portions of NBGIC Numbers 436659 and 424432). Question being taken, the motion was carried with Councillor Desmond voting "nay". 24. Planning Advisory Committee - Subdivision And Section 101 AQreement 405 Westmorland Road And 10 Mark Drive On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) assent to the submitted Amending Subdivision Plan, entitled Parkway Mercury Sales Limited Subdivision, Westmorland Road and Mark Drive, City of Saint John, Saint John County, New Brunswick, with regard to any required municipal services easements and public utility easements; and (b) authorize the preparation and execution of a Section 101 agreement requiring that the existing car dealership building is demolished no later than December 31,2000; and a letter of credit, in the amount of $40,000 and with an expiry date not later than February 28, 2001, shall be provided to the City to guarantee demolition of the existing car dealership building. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 25. Planning Advisory Committee Committee Executive For 2000 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the report from the Planning Advisory Committee advising of its election of the following individuals as members of the Executive for 2000: Chairman - Brian J. Cunningham; Vice-Chairman - Thomas Bayne; Executive Member - Philip Hovey, be received and filed. 87 -862 COMMON COUNCIL FEBRUARY 7, 2000 Question being taken, the motion was carried. 26. Recreation And Parks Advisory Board New Brunswick Trail ThrouQh Saint John On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Recreation and Parks Advisory Board in support of Council's efforts, citizens and staff in developing the New Brunswick Trail through Saint John, as well as for the focus of the proposed All Terrain Vehicles By-law which would prohibit motorized vehicles from trails, be received and filed. Question being taken, the motion was carried. 27. Board of Police Commissioners Differential Response Office Space On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Police Commissioners asking when renovations will begin on the proposed expansion by the Saint John Police Force of the Differential Response Office in space currently occupied by the Cashiers' Office, be referred to the City Manager. Question being taken, the motion was carried. 28. Parish Corporation Of Trinity Anglican Church Matter of Anaie's & Other Such NiQht Clubs On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the letter from the Parish Corporation of Trinity Anglican Church advising of its discussion of the matter of Angie's and other such night clubs which, in its belief, promote lewd behaviour and disrespect toward women and are totally unacceptable in the community; and urging Council to take immediate action on behalf of the citizens of Saint John to remove such offensive and objectionable activity, be received and filed. Question being taken, the motion was carried. 29. Union Of The Municipalities Of New Brunswick - 2000 Membership Dues On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the memorandum from the Union of the Municipalities of New Brunswick listing a few of its accomplishments, and submitting a 2000 membership dues invoice with the offer to have a UMNB representative attend a Council meeting to discuss joining the organization, be received and no action be taken as the City of Saint John is a member of the Cities of New Brunswick Association. Question being taken, the motion was carried. 31. John Sullivan Re Court & Ice Time Distribution On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from John Sullivan expressing concern with the way court and ice time are distributed in the basketball and hockey system, and calling upon Council to ensure that public-built 87 -863 COMMON COUNCIL FEBRUARY 7, 2000 facilities have equality, be referred to Lancaster Minor Hockey and the Saint John Minor Hockey Associations for a response to Council. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.)' 32. The St. GeorQe's Society - Millennium Grove Of Trees On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from The St. George's Society of Saint John, N.B., urging Council to support, in principle, the Multicultural Association of Saint John's proposed development in Queen Square West of a Millennium grove of trees representing the various ethnic ancestry or country of origins of citizens of Saint John, and to give such support as is practical to this project, be received and filed. Question being taken, the motion was carried. 33. Heritage Branch Of Department Of Economic Development, Tourism And Culture - DesiQnation Of Saint John Harbour On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the letter from the Assistant Deputy Minister of Culture and Office of the Millennium, Heritage Branch of the Department of Economic Development, Tourism and Culture, advising that, in celebration of the Millennium, the Heritage Branch intends to recommend to the Minister the official designation, under the Historic Sites Protection Act, of up to fifteen historic sites from around the Province, and one of the designations proposed would recognize the historical development of the military defensive network for Saint John Harbour since the establishment of Fort LaTour up to and including the Second World War; and requesting the City of Saint John's support for this proposal to recommend this site as one of the Provincial Millennium Historic Sites, be received and a letter of support be forwarded in this regard. Question being taken, the motion was carried. 34. South Central Citizens Council Police Commission Candidates On motion of Councillor Ball Seconded by Councillor White RESOLVED that the letter from the South Central Citizens Council expressing support for two candidates it feels would be exemplary in positions on the Police Commission, namely, Chris Waldschutz and Anne- Marie Mullin; and asking Council's serious consideration of both these individuals for positions on the Commission, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk