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2001-02-12_Minutes 88-359 COMMON COUNCIL FEBRUARY 12, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of February, A.D. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Titus, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; B. Cullinan, Solicitor; G. Yeomans, Comptroller; 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; S. Lodhi, Manager of Real Estate and Facility Management; C. Campbell, Planner; J. Bezanson, Heritage Planner; P. Asimakos, Planner; 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on February 5, 2001, be approved. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary proclaimed February 12 to 19, 2001 as Heritage Week, and February 19, 2001 as Heritage Day in the City of Saint John; and February 15, 2001 as National Flag of Canada Day in the City of Saint John; and noted that February 11 to 17,2001 was Teachers/Staff Appreciation Week in School Districts 6 and 8. The Mayor advised of the production of a new video by the operators of the Reversing Falls Restaurant about the Reversing Falls and the intent to show it at the next Council meeting, and noted the possibility of showing a new video prepared for the City's Tourism Division at a future Council meeting. Mayor McAlary commented on the East Coast Music Awards event in Charlottetown, PEl, during the past weekend at which she and Councillor White attended with a contingent from the City of Saint John, the 2002 Awards event having been scheduled for Saint John on January 31, 2002. * Added Items On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that Nominating Committee recommendations, an item on shipbuilding and the City Manager's recommendations on property acquisition for the Marsh Creek Bridge replacement and street widening project and annual step adjustments for management, which were considered in Committee of the Whole earlier this date, be added to the agenda of this meeting for consideration as items 8A, 8B, 8C and 8D, respectively. Question being taken, the motion was carried. 88-360 COMMON COUNCIL FEBRUARY 12, 2001 *8A.1. Greater Saint John Economic Development Commission (Enterprise Saint John) - Appointments On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Nominating Committee, Andrew J. MacGillivray and Dr. Rick Miner be re-appointed to the Board of Directors of the Greater Saint John Economic Development Commission (Enterprise Saint John) for a term of three years. Question being taken, the motion was carried. *8A.2 Power Commission - Appointment On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the Nominating Committee, Patrick Riley be re-appointed to the Power Commission for a term of three years effective February 15, 2001. Question being taken, the motion was carried. *8A.3. Board Of Police Commissioners - Appointment On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the Nominating Committee, Edward W. Keyes be re-appointed to the Saint John Board of Police Commissioners for a term of three years effective February 17, 2001. Question being taken, the motion was carried. *8A.4. Trade And Convention Centre OversiQht Committee - Appointments On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the Nominating Committee, Ralph Holyoke and Richard Tingley be re-appointed to the Trade and Convention Centre Oversight Committee for a term of three years. Question being taken, the motion was carried. *8A.5. Recreation And Parks Advisorv Board - Appointment On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the Nominating Committee, Bruce S. Latham be appointed to the Recreation and Parks Advisory Board for a term for three years. Question being taken, the motion was carried. *8A.6. Harbour Station Commission - Appointments On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Ralph McLenaghan and Donald Bonnell be re-appointed to the Harbour Station Commission for a term of three years. 88-361 COMMON COUNCIL FEBRUARY 12, 2001 Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". *8B. Committee On ShipbuildinQ - ShipbuildinQ Policv Read a letter from Councillor Vincent, Chairman of the Shipbuilding Committee, advising that the Committee is nearing the final stages of its report in respect to a framework for a national shipbuilding policy; and asking Council to consider and approve the submitted resolution that endorses the substantial effort made over the past eighteen months to achieve a level playing field for the Canadian shipbuilding industry, as well as to approve the submitted draft of a letter that Her Worship the Mayor would send to the Minister of Industry, along with the resolution in question. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the Committee on Shipbuilding, Council adopt the following resolution reaffirming the City's position and requesting the Government of Canada to establish a Canadian shipbuilding policy and submit a copy of it to the Federation of Canadian Municipalities, and further that Council endorse the submission of the submitted draft letter from Her Worship the Mayor to the Minister of Industry: WHEREAS the shipbuilding industry plays an important role in the economy of Canada and in the economy of Atlantic Canada as well as in the economy of the City of Saint John; and WHEREAS the Government of Canada does not yet have in place a national shipbuilding policy; and WHEREAS the absence of such national policy reduces the abilities of Canadian shipyards to be competitive in a global market and attract new business; and WHEREAS the establishment of a Canadian shipbuilding policy will allow Canadian shipyards to compete on a level playing field with other shipbuilding jurisdictions and at the same time allow the shipbuilding industry in Canada to play an integral role in the socio-economic fabric of Canada: THEREFORE BE IT RESOLVED that the City of Saint John re-affirm its position in requesting the Government of Canada to establish a Canadian shipbuilding policy; and BE IT FURTHER RESOLVED that the City of Saint John submit this resolution to the Federation of Canadian Municipalities who have previously endorsed this undertaking and we wish to keep them advised of our continuing efforts. Councillor Vincent spoke in the above regard, noting to whom copies of the letter in question would be forwarded. Question being taken, the motion was carried. *8C. Marsh Creek Bridge - Replacement And Street WideninQ Project - 551. 565. 567 Rothesav Avenue On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City of Saint John acquire a fee simple interest in a 492 :t m2 portion of NBGIC Numbers 306118,304548 and 304576, at 551,565 and 567 Rothesay Avenue (as generally shown on the submitted plan), on or before June 1, 2001, from MacKnight Motors Ltd., for the price of $15,000 (plus HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project, upon the following terms and conditions: as part of the transaction, the City of Saint John will: (1) prepare any plan required for conveyance purposes; (2) pay to a maximum of $1000 the legal costs incurred by Grant Thornton (Bankruptcy Trustee) to facilitate this transaction; (3) where applicable, reinstate the subject property to the same or better 88-362 COMMON COUNCIL FEBRUARY 12, 2001 condition as existing prior to construction, including the relocation of hydro poles and related street signage; (4) demolish the existing building at 567 Rothesay Avenue to the slab, but not including the slab; and (5) forgive $3,500 outstanding to the City of Saint John from MacKnight Motors Ltd. for previous clean-up of the said parcels; and further that the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 3. Urban Core Support Network - Poverty Issues Consideration was given to a letter from Cathy Wright, Chairperson for the Urban Core Support Network (UCSN), a coalition of individuals living in poverty and community organizations working together to address poverty in Saint John, focusing on public awareness and actions to remove the barriers experienced by people living in poverty; and submitting a list of opportunities for possible action by the City, as well as information on changes being requested in the following four Provincial Family & Community Services Policies: (1) Economic Unit/Household Income Policy; (2) Transitional Supports (Health Card, Child Care, Transportation); (3) Wage Exemption; and (4) Limited Housing for Non-Elderly Single People. Cathy Wright, Executive Director of the Human Development Council and Chairperson for the Urban Core Support Network, advised that the purpose of this presentation was two-fold - to introduce "Stormy Seas", which is a collection of poems, drawings and stories written by people in the community who are living in poverty, and to introduce Brenda Murphy, Coordinator of the Urban Core Support Network. Debbie Durant, Lisa Munn and Debra McCoy, in turn, read excerpts from "Stormy Seas", and Brenda Murphy highlighted the list of opportunities, with the request that Council review it and select one or two or more on which it would focus in the coming year, as follows: (1) participate in a "Poverty Is Everybody's Business" workshop, (2) designate a representative from the City to participate as a member of the Network; (3) write to the Provincial Government expressing concern and asking for change to the four Policies in question; (4) ask staff at City Transit to review how it can make bus transportation more accessible to people living in poverty, and (5) urge the Province to enact legislation that would allow more effective enforcement of the Minimum Property Standards By-law. The Mayor thanked the members of the delegation. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the presentation on behalf of the Urban Core Support Network be referred to the Mayor to draft a letter to the Provincial Government for Council's review at the next meeting. Question being taken, the motion was carried. 4. Preservation Review Board - Annual HeritaQe Awards Joan Pearce, Chairman of the Preservation Review Board, recognized Board members Deputy Mayor Chase, Howard Cogswell and Deborah MacDonald, as well as City staff support Jim Bezanson and Craig Campbell; and Mr. Bezanson presented slides of heritage preservation projects for which citations were subsequently presented by Ms. Pearce and Mayor McAlary in recognition of excellence in heritage preservation in the following categories: in the Residential Upper Floors Category to Peter S. Asimakos for the sensitive rehabilitation of the upper floors of the building at 126 Germain Street for use as residential apartments; (2) in the Commercial Storefronts Category to Wayne Northrup of Family Enterprises Ltd. for completion of phase one of the rehabilitation of commercial storefronts at 38-42 Water Street; (3) in the Preparation for Preservation Program Category to the Church of Saint Andrew & Saint David for preparation of a preservation program by Richard & Co. Architecture to guide the sensitive rehabilitation of the Gothic Revival building at 164 Germain Street; and (4) in the Civic Organization / Upper Floors Category to Church Street Pedway Inc., in partnership with the Saint John Parking Commission, for construction of the Church Street pedway to facilitate development of upper floors of buildings fronting onto Prince William Street. 88-363 COMMON COUNCIL FEBRUARY 12, 2001 Mayor McAlary expressed appreciation to the Preservation Review Board for its efforts in the community, and congratulated the Annual Heritage Award recipients. 5. Seniors' Resource Centre - Seniors' Advisorv Committee Connie Erb, President of the Seniors' Resource Centre, reviewed the previously submitted proposal for a municipal seniors' advisory committee for the City of Saint John, whose objective would be to inform or advise Council on matters related to seniors in particular; and requested Council to establish such a committee to assist Council in dealing with problems and concerns faced by seniors in the City. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Council endorse the request of the Seniors' Resource Centre for the establishment of a seniors' advisory committee for the City of Saint John, and refer the proposal to the Nominating Committee. Question being taken, the motion was carried. *8D. Annual Salarv Step Adjustments On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the salary of the incumbent occupying the following positions be increased by one step on the management pay scale, effective on the date specified: Commissioner of Community Services, effective January 1, 2001; Commissioner of Municipal Operations, effective March 1, 2001; Commissioner of Finance and Commissioner of Corporate Services, effective November 3, 2000; Deputy City Manager, effective January 19, 2001; and Fire Chief, effective January 1, 2001. Question being taken, the motion was carried. 6. Greater Saint John Economic Development Commission (Enterprise Saint John) - 2001 Objectives Stephen MacMackin, Chairman of the Greater Saint John Economic Development Commission, Incorporated (Enterprise Saint John), and Stephen Carson, General Manager of Enterprise Saint John, were present at the meeting, and Mr. MacMackin addressed Council on the Commission's 2001 Objectives, which were tabled by Council on December 4, 2000. (Councillor Vincent withdrew from the meeting during the above comments.) The Mayor read the following resolution which, she advised, was discussed with the City Solicitor John Nugent. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that Common Council hereby authorizes the Greater Saint John Economic Development Commission Incorporated (the Commission) to pursue: (1) the development of a comprehensive three-year growth strategy for the region; (2) the development of a comprehensive communications strategy to support the aforementioned three-year growth strategy; (3) the development of an annual activity plan for 2001; (4) the development of enhanced strategies to promote business and industrial development in the region; (5) further research in conjunction with the Saint John Industrial Parks, the Saint John Port Authority and the Province of New Brunswick respecting the feasibility of establishing a local free trade zone; (6) the development of a plan to identify and prioritize new local business opportunities for tourism products to complement the overall strategic direction of the area and the Province; (7) the development of a strategy to support the establishment, promotion and expansion of three business and technology parks within Greater Saint 88-364 COMMON COUNCIL FEBRUARY 12, 2001 John - Somerset Technology Park, Commerce Park East and the Kennebecasis Knowledge Campus; (8) the coordination of the development of an electronic services strategy for Greater Saint John; and (9) the development of a strategy to support the waterfront initiative; all in accordance with the material submitted to Council under covering letter from the Commission dated November 30, 2000, and to submit to Common Council for its consideration and approval the Commission's recommendations with respect to each of the foregoing matters: AND FURTHER that Common Council hereby adopts the strategy to "Promote and Encourage the Establishment, Development and Growth of New Businesses and Industries in the Region", as identified in the material submitted to Council under covering letter from the Commission dated November 30, 2000, and authorizes the Commission to administer the implementation of that strategy: AND FURTHER that the Common Council hereby authorizes delivery to the Commission of $515,000 upon the condition that it be used solely for the purposes of the Commission's undertaking activities identified in the immediately preceding resolutions. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 9. Support For Habitat For Humanitv On motion of Councillor Titus Seconded by Councillor Trites RESOLVED the letter from Mayor McAlary asking for consideration of the request of Habitat for Humanity Saint John Region Inc. for a donation of electrical, plumbing, building, water and sewerage and sidewalk permits, at an approximate cost of $3,000 to $4,000, toward the construction of its fourth dwelling unit in the Saint John area at 63 Coster Street, as outlined in the submitted letter, be received and filed and the request be granted. Question being taken, the motion was carried. 10. Items Referred To City Staff Read a letter from Councillor Titus expressing the view that it is very difficult, with the current way of doing business, to follow items in open session referred to City staff for report/action; advising his intent to propose a motion directing the Common Clerk and appropriate staff to bring all the said items back to Council in open session in the form of a brief report, with an explanation of the ultimate disposition of the items; and suggesting that this be a regular item on the agenda (once a month) and so noted. Councillor Titus suggested that a reporting mechanism should be in place, through an agenda item for old business or referral motions, once a month or once every two months, in open session so Council would know the status of a referral motion so that it comes to some logical or ultimate conclusion, as it is virtually impossible to try to follow these motions through. On motion of Councillor Titus Seconded by Councillor White RESOLVED that an item be included on the Council agenda on a monthly basis for old business or referred motions so that Council can be updated in this regard. Question being taken, the motion was carried. 7. ReQion 2 Hospital Corporation - Health Care Mike Walton, Chairman of the Board of Trustees of the Atlantic Health Sciences Corporation, and the City's representatives on the Board, Gary Keating and Jim Horgan, were present at the meeting, accompanied by Acting President and Chief 88-365 COMMON COUNCIL FEBRUARY 12, 2001 Executive Officer Mike O'Keefe and Vice President of Patient Programs Nancy Savage; and, through a computer-aided presentation, Mr. Walton reviewed the current state of health care services in Region 2 and provided an update on what the Corporation sees as serious issues impacting on its ability to continue to provide quality, accessible care to citizens of the City of Saint John, including the challenge of recruiting physicians and trained health care providers; with Messrs. Keating and Horgan presenting a brief overview of the structure of the Atlantic Health Sciences Corporation in its delivery of health care to the community of Southwestern New Brunswick from Sussex to St. Stephen, including the Fundy Isles, with Saint John being the primary referral centre for the people in the Region and in a number of tertiary services for people throughout the Province, identifying its distinctions and facilities in recognizing the three core competencies of patient care, education and research. The Council members were provided with copies of the documentation presented at this meeting by the representatives of the Atlantic Health Sciences Corporation. The Mayor thanked the Atlantic Health Sciences Corporation representatives for their comments, and during discussion members of the delegation responded to questions on matters, including the timeliness and availability of emergency health care services at both the Saint John Regional and St. Joseph's Hospitals, the waiting period for beds at the Regional Hospital, and the future plans for St. Joseph's Hospital. As to how Council could assist the Corporation, Councillor Titus asked if it would be appropriate to make a motion for Council to take the initiative of contacting the Premier of New Brunswick, MP Claudette Bradshaw, and the Provincial Minister of Health in this regard, and the Mayor recommended that they should be invited to meet with Council and representatives of the Hospital Board at some future date, and advised that she would undertake to arrange for such a meeting. 7 A. Environment Committee - Air Qualitv Terry Gray, Chairman of the City of Saint John Environment Committee, and Committee members Don Shaw, Mike Sauerteig and Susan Atkinson were present at the meeting, and Mr. Gray presented the first in a series of draft policy documents regarding Part Three of the Municipal Plan, this initial presentation concerning air quality, and noted the Committee's intention to recommend to Council a draft update of all of Part Three of the Municipal Plan, having met with Provincial Environment and Natural Resources and City staff and representatives of other environmentally-related groups in preparing the draft updates. Mr. Gray, through a computer-aided presentation, advised of documents reviewed in formulating and recommending the following objectives and policies: A. Proposed Air Qualitv Obiectives: (1) to enhance air quality in the City of Saint John airshed by ensuring air quality meets or exceeds national or Provincial standards, and to regulate land use and development which have the potential to impact the quality of the City's airshed; and B. Policies - proposed Sub-Section 3.3.1 Air Quality/Pollution Control: (1) 3.3.2.1 - to evaluate activities which have the potential to degrade the quality of the air when considering development proposals and, if necessary, regulate such development initiatives through instruments such as municipal zoning and/or other by-laws; (2) 3.3.2.2 - to ensure proper separation and buffering of land uses which are potentially incompatible due to air quality impacts, through zoning, by-laws, subdivision and site plan review process by (i) establishing standards for minimum separation distances, (ii) defining minimum buffering requirements (e.g. berm design, vegetation type and density); (3) 3.3.2.3 - to ensure the implementation of an energy policy that focuses on cleaner alternate energy and energy conservation in order to improve air quality and reduce air pollution caused by the burning of fossil fuels (see sub-section 3.5.2); (4) 3.3.2.4 - to consider aesthetics as an air quality issue in relation to enjoyment of property and the importance of the tourism industry; (5) 3.3.2.5 - to ban open burning within the City limits; (6) 3.3.2.6 - to reduce air quality impacts from the use of wood as an alternate home heating energy source by: (a) promoting through education, the proper use of woodstoves and fireplaces and, encourage the replacement and installation of CSA approved woodstoves, (b) giving consideration to lot size and residential separation distances, when reviewing proposed subdivision plans; (7) 3.3.2.7 - to continue to emphasize to the Province the need for a regional/local approach to addressing air quality issues resulting from regional-specific meteorology and impacts by: (a) promoting the importance for community-based participation, (b) encouraging implementation of improved air quality standards; and (8) 3.3.2.8 - to reduce emissions arising from transportation by: (a) promoting long-term and increased use of public transportation and alternative transportation methods (rail, bicycling, carpooling), (b) adopting a commercial vehicle idle limitation by-law. 88-366 COMMON COUNCIL FEBRUARY 12, 2001 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the above presentation on behalf of the City of Saint John Environment Committee be received and filed. Question being taken, the motion was carried. 11. Traffic Problem On Mark Drive Consideration was given to a letter from Councillor Court advising that he would like to briefly discuss the traffic problem on Mark Drive and a possible solution to the problem. Councillor Court described a traffic problem on Mark Drive with vehicles travelling between Loch Lomond Road and McAllister Drive, the problem originating where Bonita Avenue joins Mark Drive with people who live on that turn having difficulty getting into their driveways because there is no stop sign to slow down the traffic there, and suggested that, until the new connector section of the roadway is completed, a stop sign should be installed on a temporary basis. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the above matter be referred to the City Manager to, if possible, have a stop sign installed on a temporary basis. Question being taken, the motion was carried. 12. Board Of Trade's Request To Meet With Council Consideration was given to a letter from Councillor Ball advising, further to the Board of Trade's letter considered by Council at its February 5, 2001 meeting, that he wished to discuss the Board's request to meet with Council at any time regarding its concerns and recommendations; and expressing the view that it is most important that Council and the business community continue to meet and communicate openly and freely regarding the concerns of both parties as they affect this community. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that Council accept the Board of Trade's request to meet with Council in the near future at a time convenient to both parties. Moved in amendment by Councillor Titus Seconded by Councillor Vincent RESOLVED that the invitation be extended to meet in open session of Council. Deputy Mayor Chase, noting the lack of a mechanism by which Council could sit down around a table with an agency such as the Board of Trade and converse, advised that the problem he had with an open session presentation was that it would not allow for the sharing of views and ideas that an informal setting such as a committee of the whole structure would, where people are able to speak more than once and basically converse more readily, thus the open session forum, unless the Board of Trade has something formal to present to Council, is not really the vehicle. Question being taken, the amendment to the motion was carried with Deputy Mayor Chase and Councillors Ball and Chase voting "nay". Councillor Chase expressed the view that an open session forum was an arduous way to have a flowing dialogue, and proposed a compromise approach by meeting with the Board of Trade in a round-table format publicly, with an invitation to the press to attend. 88-367 COMMON COUNCIL FEBRUARY 12, 2001 Question being taken, the motion, as amended, was carried with Councillors Ball and Chase voting "nay". 13. Re FCM Green Municipal EnablinQ Fund On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED the report from the City Manager advising that Municipal Operations staff has identified the following four projects that appear to qualify for the Federation of Canadian Municipalities Green Municipal Enabling Fund (GMEF): (1) a municipal street lighting study, (2) a watershed highway protection study, (3) a municipal services study - KBMM area, and (4) a study of fish habitat in Mystery Lake and, as a municipality is limited to two applications as noted in the submitted information from FCM in this regard, staff feels that the street lighting and the watershed protection projects best meet the program criteria; and recommending that Council authorize staff to proceed with the intent to apply for funds under the Green Municipal Enabling Fund for the two projects noted herein, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 14. Municipal Plan And Zoning By-law Amendments To Establish "PQ" Pits And Quarries Zone Consideration was given to a report from the City Manager referring to the October 1 0, 2000 public hearing for proposed Municipal Plan and Zoning By-law amendments respecting the establishment of a new zone called "PQ" Pits and Quarries zone, as well as to the December 18, 2000 and February 5, 2001 public hearings for the proposed re-zoning of sixteen existing pits and quarries to the "PQ" Pits and Quarries zone, the five remaining quarries proposed to be re-zoned to a new hybrid zone that would allow these sites to retain the list of uses permitted in the "1-2" zone while ensuring they are subject to the same standards proposed in the "PQ" zone, such approach having been approved by Council on January 22, 2001; summarizing the remaining steps to amend the Municipal Plan, establish the new "PQ" Pits and Quarries zone and re-zone the sixteen specific sites into the new "PQ" zone; and recommending that Common Council (1) give second reading to the Municipal Plan and Zoning By-law amendments establishing the new "PQ" Pits and Quarries zone (submitted); and (2) consider third reading on February 19, 2001 of the Municipal Plan amendment, Zoning By-law amendment and the re-zoning of the sixteen locations which received first and second readings on December 18, 2000 and February 5, 2001. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", with regard to pits and quarries and approved heavy industrial developments, be read a second time. Councillor Vincent asked if Council would have an opportunity to raise matters prior to third reading that may change some of the conditions but not drastically change them, to which Mr. Baird advised that Council should refrain from making changes to the by-law at this point, except where it is only a matter of clarification in that if Council gets into the area of changes it would be running a greater degree of risk. Councillor Vincent asked to have brought forward at the next Council meeting a copy of the minutes of the Council meeting at which he delayed Council for quite some time asking questions of Mr. Baird in this regard. Councillor Trites suggested considering second and third readings of the proposed By-law amendments recommended in (a) above at the next meeting so that Council can review the Council minutes in question. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that second reading of the above-proposed amendment be laid on the table for one week. Question being taken, the tabling motion was carried. 88-368 COMMON COUNCIL FEBRUARY 12, 2001 On motion of Councillor White Seconded by Councillor Trites RESOLVED that Council consider third reading on February 19, 2001 of the Municipal Plan amendment, Zoning By-law amendment and the re-zoning of the sixteen locations which received first and second readings on December 18, 2000 and February 5,2001. Question being taken, the motion was carried. 15. Municipal Plan Amendment Re Cedar Point Estates Expansion Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted amendment to the Municipal Development Plan and the Millidgeville Secondary Plan for the proposed Cedar Point Estates expansion, and the required waiting period for objections expired on February 7, with letters of objection having been received from Sherry L. Cunningham, Rosi Jory and the solicitor for Cedar Point Estates Limited. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the proposed Municipal Plan amendment with regard to the Cedar Point Estates expansion 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 19,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting as he was not present for the February 5, 2001 public hearing of the proposed re-zoning of property located at 7 Magazine Street.) 16. Zoning By-law Amendment & Imposing Section 39 Conditions. 7 MaQazine Street On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-548 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns re-zoning (1) an area of land located at 7 Magazine Street, having an approximate area of 4970 square metres (52,498 square feet), also identified as being NBGIC Number 55086250 and the southwestern portion of NBGIC Number 00024497, from "IL-1" Neighbourhood Institutional to "B-2" General Business classification; and (2) an area of land located at 7 Magazine Street, having an approximate area of 7780 square metres (83,746 square feet), also identified as being the northeastern portion of NBGIC Number 00024497, from "IL-I" Neighbourhood Institutional to "TH" Townhouse 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 identified as NBGIC Number 55086250 and the southwestern portion of NBGIC Number 00024497 be subject to the following conditions: (a) the commercial development be limited to an office building; (b) the development be in accordance with a detailed site plan approved by the Development Officer illustrating an asphalt parking area and driveway enclosed by continuous concrete curbing; (c) the commercial development be developed in accordance with a detailed drainage plan subject to the approval of the Chief City Engineer including the installation of any necessary catch basins; (d) the office building be serviced by underground public utilities; (e) the facades of the proposed commercial building be constructed in accordance with a detailed elevation plan approved by the Development Officer; and (f) all parking areas not occupied by the proposed office building and parking area (and driveway) be landscaped, except for the steeply sloped area along the 88-369 COMMON COUNCIL FEBRUARY 12, 2001 rear of the property, within eight (8) months from the issuance of a building permit for the proposed commercial development; and the said parcel of land identified as being the northeastern portion of NBGIC Number 00024497, be subject to the following condition: that a board-on-board fence within a minimum height of 1.2 metres (4 feet) be installed along the rear of the proposed townhouse lots abutting the proposed commercial development, and that covenants to these properties ensure the proper maintenance of this fence. The by-law entitled, "By-law Number C.P. 100-548 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. 17. Street ClosinQ Bv-Iaw Amendment - Bavard Drive On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing permanently the following portion of highway: BAYARD DRIVE - All that portion of Bayard Drive, a public street, in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 77m2 along the southeastern sideline of the said Bayard Drive and shown on a survey plan titled "Plan of Survey Showing a portion of Bayard Drive, City of Saint John, Saint John County, New Brunswick" surveyed by Russell J. Robinson, New Brunswick Land Surveyor on June 6, 2000 - 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 The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 18. Planning Advisory Committee Subdivision - 7 MaQazine Street On motion of Councillor Ball Seconded by Councillor White 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 townhouse development at 7 Magazine Street, with a new public street as generally illustrated on the submitted photo-reduced tentative subdivision plan, and to any necessary municipal services or public utility easements; (2) authorize the preparation and execution of one or more City/developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and (3) assent to the proposed land for public purposes dedication illustrated on the submitted photo-reduced tentative subdivision plan. Question being taken, the motion was carried. 19. Saint John Board Of Police Commissioners Community Model For Saint John Police Force On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the letter from the Saint John Board of Police Commissioners submitting a copy of A Community Policing Model for the Saint John Police Force, approved by the Board on February 6, 2001; and noting that the Model represents a significant step in the development and implementation of 88-370 COMMON COUNCIL FEBRUARY 12, 2001 community policing in Saint John, be received and filed, and the Mayor and Councillor Court, Council's representatives on the Board of Police Commissioners, be requested to address the issue of the Commission making a presentation to Council in open session in this regard. The mover and seconder of the initial motion to receive and file the above letter agreed to add to the motion as indicated above. Question being taken, the motion was carried. 20. Charlene Parfitt, Tim & Odette McGrath, Terry McGrath Joseph & Joanne Moore - Truck Traffic On Lackie Road 21. Alexander McGrath - WoodcuttinQ Operation. Latimore Lake The Mayor suggested that, as the letters under agenda items 20 and 21 appear to be related to truck traffic with regard to a proposed woodcutting operation, they be dealt with together; and advised that the Planning Advisory Committee would be dealing with an application for a temporary permit at its meeting on February 13, 2001, and staff's recommendation to the Committee is not to use Lackie Road for trucking the material out. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the letters from Charlene Parfitt, Tim and Odette McGrath, Terry McGrath and Joseph and Joanne Moore, requesting designation of Lackie Road as a no trucking route, and the letter from Alexander McGrath in opposition to the proposed woodcutting operation on the property of Mr. James Boyle in Latimore Lake, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 22. Medical Officer Of Health, Region 2 Fluoridation Of Municipal Water Supplv On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the letter from David Assaff, Medical Officer of Health, Public Health Services, Region 2, Saint John, commenting, as asked by a member of Council, on a document titled, "Benefits and Risks of Water Fluoridation - An Update of the 1996 Federal-Provincial Subcommittee Report", recently released by the Ontario Ministry of Health; expressing the opinion that there may be benefit in reviewing the City's fluoridation policy in light of this new report, and proposing that such a review should include representation from the Dental Society, the City, Public Health and from concerned citizens, be referred to the City Manager for further clarification. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk