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1994-04-05_Minutes 84-566 COMMON COUNCIL APRIL 5,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fifth day of April, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Wood, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; B. Steeves, Deputy Building Inspector; J. Baird, Manager - Development Division, Planning; P. Asimakos, Planner; B. Malone, Planner; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer The Mayor called the meeting to order, and Reverend Tim Davidson of Harvest Christian Fellowship offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that minutes of the meeting of Common Council, held on March 28, 1994, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor Higgins advised that Mayor Kenneth Friars of Sussex, N.B., called him with high praise for Fire Chief Glen Tait and the fire fighters involved with the Hazardous Materials Unit for their work and support at the major fire in Sussex last week; noted that Hammond River Angling Association will hold its Maritime Outdoors Expo at the Trade and Convention Centre on April 8 to 10; and also advised that he, the City Solicitor and the City Manager attended earlier this date before the Standing Committee on Private Bills at the Legislature in Fredericton to present the City's reasons for the amendment to the Public Burial Ground Act at which time they stressed that this would be enabling legislation so that Council would be permitted to negotiate with the Irving Family a satisfactory agreement for the erection of a monument in the Burial Ground and other related landscaping improvements, and that there will be a public presentation with the architect of the project as well as City input, with Council to make a decision thereafter on whether or not to proceed with the work at the Loyalist Burial Ground. 4. Ambulance Service Read a letter from Councillor Rogers advising that, further to the recent presentation on ambulance service in the community and as a family member of an individual who used this service recently, she believes that Council should have all the facts relating to emergency services in the area; and also advising that she would like to share information with Council, having over the past week spoken with health care officials. Councillor Rogers read from a prepared statement (copies of which were distributed to Council members at this meeting), and expressed the opinion that Council must ensure that the City's emergency systems are of the highest quality and, as equally 84-567 COMMON COUNCIL APRIL 5,1994 important, give the citizens of Saint John the confidence that, when they dial 911, the service they so desperately require will be delivered, and that Council must work collectively with the Region 2 Hospital Corporation, the Department of Health and the local MLAs to rebuild this confidence. In response to Councillor M. Vincent's suggestion that the City Manager should address the concept of placing an ambulance in each of the peripheral fire stations on the east and west side of the City, which was suggested during the March 28 presentation to Council on ambulance service, the Mayor asked that the City Manager take this under advisement. 5. Notice of Motion re Capital FinancinQ His Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution; namely, RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND- General Government Computer Upgrade $400,000 Protective Services: Computer-Aided Dispatch $477,867; Fire Apparatus $774,018; North End Fire Station $1,277,200; North End Police Station $111,062; West Fire Station $828,853 -- $3,469,000 Transportation Services: Boars Head Road $95,690; Brentwood Crescent $30,096; Brookview Crescent $65,894; Center Street $101,487; City Line $110,335; Clarendon Street $35,376; Coburg Street $96,247; Duke Street (C) $167,820; Duke Street (W) $90,639; Golden Grove Road $64,981; Hillcrest Road $30,158; Main Street (N) $152,457; Manawagonish Road $337,093; Manchester Avenue $141,778; Mansfield Street $63,642; Market Place $52,163; McAllister Drive $528,297; Metcalf Street $20,317; Millidge Avenue $61,532; Mount Pleasant Avenue (C) $143,020; Mount Pleasant Avenue (E) $119,252; Municipal Operations Complex $164,301; Orange Street $95,898; Peel Street $36,328; Pine Avenue $25,004; River Hill Drive $31,256; Sand Cove Road $55,556; Sixth Street $37,352; St. James Street (W) $44,218; Union Street $152,776; Westfield Road $38,063; Works North $130,974 -- $3,320,000 Environmental Health: Spruce Lake Landfill $267,000 Environmental Development: City Market Pedway $1,417,254; Harbour Station $5,948,133; Harbour Station Pedway $1,666,590; Mercantile Centre Pedway $326,023 -- $9,358,000 Recreation & Culture: Kings Square Entrance $46,031; Millidgeville Community Centre $591,541; Rockwood Park Loop Road $123,428 -- $761,000 TOTAL GENERAL FUND $17,575,000 WATER & SEWERAGE UTILITY Water System: Clarendon Street $61,005; Duke Street (C) $98,414; East Side Fluoridation $12,763; Glen Falls PRVs $9,991; Harvey Street $20,340; Lead Services $192,578; Little River $7,676; Ludlow Street $7,819; Metcalf Street $38,590; Mount Pleasant Avenue (E) $133,789; Old Black River Road $55,078; Rothesay Avenue $14,133; Service Box Renewals $138,425; Somerset Street $42,947; Spruce Lake Fluoridation $25,584; Spruce Lake Standpipe $18,512; Station Street $87,087; Victoria Street $10,707; Walsh Place $25,002; Water Cad System $25,471; Watershed (Loch Lomond) $70,821; Watershed (Spruce Lake) $8,268 -- $1,105,000 84-568 COMMON COUNCIL APRIL 5,1994 Sewer System Aberdeen Avenue $21,035; Boars Head Road $13,448; Charlotte Street (C) $9,032; Clarendon Street $63,416; Connors Street $17,350; Duke Street $64,426; Duncraggan Court $8,549; Elgin Road $10,954; Expansion Avenue $35,697; Foley Court $12,487; Forest City Street $15,563; Fundy Drive $46,697; Glengarry Drive $42,414; Greenwood Subdivision $15,025; Harbour/Wastewater Study $14,502; Harvey Street $25,887; Hazen Creek Sewage Treatment Plant $8,084; Lancaster Sewage Treatment Plan $33,803; Manawagonish Road $55,083; Metcalf Street $33,969; Mount Pleasant Avenue (E) $109,305; Mountain Road $16,290; Upgrade Pumping Stations $80,495; Newman Brook Trunk $116,787; Sewer Cad System $26,164; Sewer Laterals $23,749; Victoria Street $15,546; Walsh Place $19,106; Wastewater pumping Stations $101,414; Westmorland Road $12,528; York Street $21,195 -- $1,090,000 TOTAL WATER & SEWERAGE UTILITY $2,195,000 TOTAL FOR ALL PURPOSES $19,770,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 27, Section 29 and amendments thereto, to the amount of $19,770,000.". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above correspondence be received and filed. Mr. Totten noted that the above bond issue would cover work done in 1993 and perhaps some done in the latter part of 1992. Question being taken, the motion was carried. 6. H.I.D. FundinQ Application - 137 OranQe Street Consideration was given to a report from the City Manager referring to Common Council resolution of February 21,1994 approving a Housing Through Infill Development grant application for Paul O'Leary and Roger Bandy for 137 Orange Street, and advising that Messrs. O'Leary and Bandy did not acquire this property and the subsequent purchaser, Raymond French, has asked to transfer the H.I.D. grant application to his name; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) Common Council rescind its motion of February 21, 1994 approving a Housing Through Infill Development grant application for Mr. Paul O'Leary and Mr. Roger Bandy to construct a two-family dwelling at 137 Orange Street; and (2) Common Council approve a Housing Through Infill Development grant application in the amount of approximately $18,270 for Mr. Raymond French to construct a two-family dwelling at 137 Orange Street. Question being taken, the motion was carried. 7. Availability of Land on Chesley Drive Read a report from the City Manager advising that two letters have been received expressing an interest in the acquisition of the land on Chesley Drive, as illustrated on the submitted plan and known as Site "C", which was the subject of a call for development proposals in 1989; explaining that the developers are anxious to proceed with their proposal and would appreciate an early response and, while it would be normal practice to have a general call for development proposals advertised and a formal submission made, it is suggested that each applicant be requested to submit their proposal and that negotiations then be carried out with the one whose proposal is most acceptable in an attempt to shorten the time span and considering there was no reply to the 1989 proposal call; and submitting a recommendation in this regard. 84-569 COMMON COUNCIL APRIL 5,1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the two parties who have expressed an interest in developing Site "C" on Chesley Drive be requested to submit their proposals for the development of the site and that these be presented to Common Council, along with a recommendation on further action to be taken. Question being taken, the motion was carried. 8. J.D. Irving Ltd. Application For Municipal Plan Amendment & Re-ZoninQ Of Property Off Gifford Road Read a report from the City Manager referring to the City's receipt of J. D. Irving Ltd.'s application for an amendment to the Municipal Plan and re-zoning of two areas of the Irving-owned property located to the west of Gifford Road and north of the rail yard owned by Canadian Pacific Limited and the Building Inspector's receipt of J. D. Irving Ltd.'s application to excavate rock; and explaining that, while the area of excavation itself is zoned "1-2" Heavy Industrial which permits an excavation, the access to the excavation includes portions of the areas to be re-zoned and, as the access must be zoned appropriately for excavation use, the application to excavate rock was being held by the Development Officer pending the disposition of the Municipal Plan and re- zoning application and ahs recently been formally withdrawn by the applicant. The report also explains that there is a minor second issue in that the property located to the south of the Irving Service Road, identified as NBGIC Number 36657, is owned by Canadian Pacific Limited and is used for a rail yard and, although the vast majority of this land is zoned "1-1" Light Industrial and "1-2" Heavy Industrial, upon receiving the Irving application it was discovered that a small portion of the CPR land is also located in a "P" Park zone, as shown on the submitted plan, and that City staff has included this triangular parcel of land, with the consent of CPR, in the public notice which appeared in the Evening Times Globe newspaper on Thursday, February 15, 1994 at the same time as the Irving application as it would not be appropriate to leave this small area of land in the Park zone if the Irving application were approved. The report advises that the applicant has withdrawn the excavation permit application, but has not withdrawn the re- zoning application and has indicated a desire to proceed with the re-zoning process and, if Council wishes to proceed with the Municipal Plan and re-zoning application, further consideration will be required to ensure that Council approval is required if excavation were contemplated in the future; and that, with respect to the CPR land, City staff has received written confirmation from the railway of its desire to proceed with the above- noted amendment to the Municipal Plan and Zoning By-law and is in support of staff's initiative; and recommending that Common Council include the portion of CPR land for a Municipal Plan and re-zoning, with consideration of the amendment requested for the Irving-owned property off Gifford Road. A motion was proposed by Councillor Knibb and seconded by Councillor Coughlan to adopt the above recommendation. During discussion Mr. Baird explained that, depending on how Council deals with item 15 on the agenda of this meeting, the above-mentioned CPR land would go through the re-zoning process in conjunction with the Irving application, although the proposed re-zoning of the CPR land would not proceed without the Irving property which is to be considered at this meeting under item 18; and that, while CPR could continue with the re-zoning process for is property irrespective of what is done with the adjacent Irving property, the use of that property as a non-conforming use could continue as it presently is and has been for many years for outside storage; and, with regard to the indication in the above report about the possibility of not being able to impose conditions on the re-zoning, Mr. Baird advised that, while staff has had discussions to consider whether in fact there is a specific proposal in light of the withdrawal of a permit for development of a rock quarry, it may not be possible for Council to impose terms and conditions on the re-zoning; and Mr. Bedford commented on the above recommendation on the basis of other similar instances where staff has recommended the inclusion of other land, such as the recent application involving property on Manawagonish Road and Westgate Drive which staff recommended include two additional parcels of land, and Mr. Baird gave the example of an application by Manford Thompson to re-zone land in West Saint John and staff's initiative in contacting the owners of small portions of adjacent residential property for permission to include their properties in the larger 84-570 COMMON COUNCIL APRIL 5,1994 application. The Mayor indicated that he would at this time entertain Councillor M. Vincent's motion to bring forward items 13 and 15 for consideration with item 8. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED items 13 and 15 on the agenda of this meeting be brought forward for consideration at this time with item 8. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 13. Re Validity of J.D. Irving Ltd. Application for Municipal Plan Amendment & Re-ZoninQ of Property Off Gifford Road Consideration was given to a report from the City Solicitor expressing the opinion that, further to Council's receipt on March 28 of a letter from the Bald Hill Concerned Citizens Committee outlining several questions regarding the validity of the J. D. Irving Ltd. application for re-zoning the land adjacent to Gifford Road, a resubmission of the application and public notice is not required and the public notice for the proposed Municipal Plan amendment and re-zoning is in compliance with the City's legal procedural requirements; and noting that a small piece of property appearing in the notice as Number 36657 is owned by CPR and presently appears as "Park" in the Municipal Plan and "Open Space" in the Zoning By-Law and that the change to "Light Industrial" for the parcel Number 36657 has been initiated by the City, along with the present application, with the consent of the owner from a planning point of view. 15. Application of J. D. Irving Ltd. For Municipal Plan Amendment & Re-ZoninQ of Property Off Gifford Road Consideration was also given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of J. D. Irving Ltd., concerning property off Gifford Road, have been completed; and that written objections have been received from persons and groups whose letters are submitted and whose names are as indicated on the submitted list; also submitting a copy of a memorandum from J. D. Irving, Limited, to area residents; and advising that Council, if it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning and the eventual public hearing, and request the views of the Planning Advisory Committee. Mr. Rodgers commented on the above matter from the point of view of the City's legal right to initiate at any time amendments to the Municipal Plan and the Zoning By-Law therefore making it unnecessary for the application to be resubmitted simply because of the fact that the original application made no reference to CPR land; and advised that there is no legal procedural problem should Council take action on item 15 prior to adopting the recommendation on item 8. Councillor Landers asked why Council would refer the Irving application to the Planning Advisory Committee without the proper information as to why the re-zoning is requested, to which Mr. Baird replied that two issues led to the Irving application, one being the issue of the quarry, the second issue being the fact that the present access for the variety of industrial uses and one of the larger buildings is presently located in a non-industrial zone and has the difficulty of maybe, in fact, being a non-conforming use; so, when the Company became aware of this even without the issue of the quarry coming to the fore, there may have been an interest to rectify this matter; so there is still one outstanding issue. In response to the Mayor, Mr. Baird advised that, if the re-zoning was approved and all the property was zoned industrial as requested by J. D. Irving Ltd., an application for a quarry would be processed administratively and would not have to come back to Council for any major decision as the present process would permit a quarry permit to be issued; and Mr. Bedford advised that the pieces of land that are proposed for re-zoning may have a non- conforming use status and could continue to be used in the same way as they are being used now forever. Mr. Rodgers, responding to Councillor Trites, advised that Council could refer the matter to the Planning Advisory Committee and set a date for the public hearing for the proposed Municipal Plan amendment and the re-zoning of the subject property, or Council, if it so wishes, does not need to go any further; in other words, it is legally permissible for Council to go no further if it so wishes. Councillor Trites 84-571 COMMON COUNCIL APRIL 5,1994 expressed the view that it would be inappropriate from a City management perspective for Council to refuse to refer the matter to the Planning Advisory Committee and, without knowing what the facts of the case are, simply turn it down; and Mr. Baird advised that there was no requirement for the Irving Interests to indicate in their application for a Municipal Plan amendment and re-zoning that they would be applying for an excavation permit on an adjacent property after the fact, although they chose to do so; and confirmed that they could have, subsequent to getting the re-zoning in place, applied for an excavation permit and, without any public input either from Councilor the residents, put the quarry in place. Deputy Mayor McAlary proposed a motion, which was seconded by Councillor Coughlan to table the matter until an application has been received by the City advising the future use of the subject land and why it is necessary to have it re- zoned, such motion withdrawn with the consent of the mover and seconder at the Mayor's request so that all Council members could have an opportunity to speak; and, during discussion upon Councillor Knibb's proposal of a motion to refer items 8 and 15 to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising for the public hearing, Councillor Coughlan rose on a point of order on the basis that he withdrew his second to the tabling motion which has precedence over another motion, and the Mayor agreed that the tabling motion would take effect after Council members has spoken. Councillor M. Vincent spoke against tabling the matter because it would not allow for an opportunity through the re-zoning process for discussion on all the pros and cons and would take from him the right to vote on the issue of re-zoning; and Councillor Chase expressed the view that Council should not abandon the process of a public hearing in that neither Council nor the area residents would have an opportunity to hear both sides of the issue and what is being proposed. The Mayor advised that he would entertain the Deputy Mayor's tabling motion. On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that item 15 be laid on the table until the applicant submits an application explaining why the property is to be re- zoned. Question being taken, the tabling motion was lost with Mayor Higgins and Councillors Chase, Knibb, Trites, A. Vincent and M. Vincent voting "nay". 15. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of J. D. Irving Ltd. for a Municipal Plan amendment and re-zoning of property off Gifford Road 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 May 30, 1994. The initial motion proposed by Councillor Knibb and seconded by Councillor Chase was to refer items 15 and 8 to the Planning Advisory Committee and authorize the necessary advertising for a public hearing, and to receive and file item 13. At Mr. Rodgers suggestion, the public hearing date was set and included in the above motion. Question being taken, the motion was carried with Councillors Coughlan, Gould, Landers and McAlary voting "nay". 13. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 84-572 COMMON COUNCIL APRIL 5,1994 8. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council include the portion of CPR land for a Municipal Plan and re-zoning, with consideration of the amendment requested for the Irving-owned property off Gifford Road, and that this matter 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 May 30, 1994. Question being taken, the motion was carried. The Mayor called for a recess following which the Council meeting resumed. (Councillors Rogers, Trites and M. Vincent withdrew from the meeting.) 9. Section 39 Conditions of Proposed Re-ZoninQ of 1180 ManawaQonish Road Read a report from the City Manager advising that, while the original recommendation to Council at the March 28 public hearing with regard to the proposed re-zoning of 1180 Manawagonish Road contained only one Section 39 condition which would limit the proposed development to garden homes to a maximum height of one storey, as a result of further public presentation to Council, additional Section 39 conditions are being recommended to help ensure the integration of the proposed development into the surrounding neighbourhood; also advising that the developer is in agreement with these proposed conditions and Mr. Peter Forestell, who is representing a number of concerned area residents, has verbally agreed with the proposed conditions: and recommending that Council re-zone from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification an approximate area of 2.4 hectares (6 acres) of land at 1180 Manawagonish Road, being NBGIC Numbers 55049597,55022859 and 55049589, subject to a resolution pursuant to Section 39 of the Community Planning Act that would: (a) limit the development to garden homes of a maximum height of one storey; (b) provide a buffer zone as part of the trustee area of the proposed development that would prohibit any parking areas, structures or roadways on any portion as dimensioned on the submitted plan; and (c) the proposed garden home development be undertaken in general accordance with the submitted plan, with details to be approved by the Development Officer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above conditions be accepted and applied to the re-zoning of property at 1180 Manawagonish Road to be considered under item 16. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) 10. Security For Rehabilitation Of Gravel Pit. 990 Grandview Avenue On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $10,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 990 Grandview Avenue (NBGIC Number 337964). Question being taken, the motion was carried. 84-573 COMMON COUNCIL APRIL 5,1994 11. Security For Rehabilitation Of Gravel Pit. 1651 Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $20,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 1651 Sand Cove Road (NBGIC Number 403493). Question being taken, the motion was carried. 12. Pits and Quarries AQQreQate Resource StrateQV On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council (1) receive the submitted Pits and Quarries Aggregate Resource Strategy and distribute it for public discussion; (2) arrange and advertise a public meeting to listen to the comments of interested individuals on the Strategy; and (3) request that a report be prepared by staff, following Council's public meeting, recommending specific actions, as well as detailed Municipal Development Plan and By- Law amendments for Council's adoption. Question being taken, the motion was carried. * Added Item On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that a letter from Jim Bird on behalf of the Pit and Quarry Owners and Operators of Saint John (copies of which were distributed to Council members at this meeting) be added to the agenda for consideration at this time. Question being taken, the motion was carried. * Pit and Quarry Owners and Operators of Saint John On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Jim Bird on behalf of the Pit and Quarry Owners and Operators of Saint John expressing their position on the Gravel Pits and Quarries Aggregate Resource Strategy -- be referred to the City Manager. (Councillors Trites and M. Vincent re-entered the meeting.) Mr. Totten noted that the above Strategy document represents approximately two years of work by Planning staff with a group of pit owners and a committee of residents, as well as the recommendations in this regard. Mr. Bedford thanked the committee of residents and the committee of quarry operators who have worked with staff over the last two years in developing the proposal that is now before Council, and expressed the view that, while there has not been a consensus developed between the two committees involved in the process, information was provided to the committees of which they were previously unaware and this will assist in taking the next step in the process dealing in more detail with the proposal before Council and developing a Municipal Plan and Zoning By-Law amendment for Council's consideration; and Mr. Asimakos, who facilitated the process involving the committees and carried out the research on behalf of the Community Planning Department, highlighted the Strategy through a slide presentation. 84-574 COMMON COUNCIL APRIL 5,1994 (Councillor Chase withdrew from the meeting during the above presentation. ) 14. Locals 18, 61 & 486 Applications To Industrial Relations Board Re Health and Dental Insurance Carrier Read a report from the City Solicitor submitting a copy of each of three Applications to the Industrial Relations Board by Locals 18, 61 and 486, identical in substance and appearing to challenge the City's authority to change the carrier of health and dental insurance without the prior consent of the respective Union; and advising that the deadline for the City to file a Reply to each of the Applications is April 6 and a hearing has been scheduled for April 21, and that Council's authority is required to file a Reply in each case; and submitting an appropriate resolution to establish the required authority. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Common Council hereby authorize the City Solicitor or his designate to file a Reply to each of the three Section 35 Applications made by C.U.P.E. Locals 18, 61 and 486, respectively, to the Industrial Relations Board, all of which are dated March 7, 1994, and to participate in any and all proceedings respecting the said Applications. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 16. ZoninQ Bv-Law Amendment - 1180 ManawaQonish Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-337 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximate area of 2.4 hectares (6 acres) of land at 1180 Manawagonish Road (NBGIC Numbers 55049597, 55022859 and 55049589), from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the development be limited to garden homes of a maximum height of one storey; (b) a buffer zone be provided as part of the trustee area of the proposed development that would prohibit any parking areas, structures or roadways on any portion as dimensioned on the submitted plan; and (c) the proposed garden home development be undertaken in general accordance with the submitted plan, with details to be approved by the Development Officer. (Councillor A. Vincent withdrew from the Council table as he was not present for the March 28 public hearing with regard to the above proposed re-zoning.) The by-law entitled, "By-Law Number C.P. 100-337 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 A. Vincent returned to the Council table.) 17. Committee of the Whole Report Read report of the Committee of the Whole (as follows) 84-575 COMMON COUNCIL APRIL 5,1994 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 21,1994, when there were present Mayor Higgins and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, negotiations with 045786 N.B. Limited for the sale of the former Red Rose Tea property be terminated and that staff be authorized to negotiate the sale with any other party who might express an interest in the site. Tuesday, April 5, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 18. Committee of the Whole Report Read 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 March 28, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Mr. Nicholas Barfoot be named the City's nominee to the Board of Arbitration in the matter of Local 486 C.U.P.E. grievance 93-2 on behalf of Annie Chan. Tuesday, April 5, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried with Councillors Gould and Rogers voting "nay". 19. Linda Owens - Handi-Bus On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Linda Owens advising that, as a regular passenger on Handi-Bus, she finds that the benefits outweigh the increase in fares and that, since Transit II has become Handi-Bus, the 84-576 COMMON COUNCIL APRIL 5,1994 service is now more efficient, offers longer hours and a number of the fares have decreased; and commenting further in this regard -- be received and filed and a copy be forwarded to the Saint John Transit Commission. Question being taken, the motion was carried. 20. Gerald J. Ryan Co. Ltd. Application For Re-ZoninQ Of Property At Latimer Lake Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Gerald J. Ryan Co. Ltd. for the re-zoning of property at Latimer Lake Road 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 May 30, 1994. Question being taken, the motion was carried. 21. Vanda C. White and Kenneth R. White Ditches Parallel To Braemar Drive On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Vanda C. White and Kenneth R. White appealing to the Mayor and Council to look into a problem with regard to two ditches which run parallel to the back of properties on both sides of Braemar Drive -- be referred to the City Manager for study and a report to Council. Question being taken, the motion was carried. 22. Fundy SWAT - Response To Letters to Common Council On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Fundy SWAT submitting a copy to its response to three letters received by Council at its March 7 meeting from Mr. and Mrs. Eric G. Chapman, Mr. and Mrs. Elmer Mersereau, and Mr. D. Sidney Hyslop with regard to the proposed regional sanitary landfill -- be received and filed. Question being taken, the motion was carried. 23. Allan Kincade - Anti-PornoQraphy Coalition's Presentation On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Allan Kincade commenting on the March 28 presentation to Council by the Anti-Pornography Coalition -- be received and filed. Question being taken, the motion was carried. 24 Residents' Committee Pits and Quarries StrateQY On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Residents' Committee Pits and Quarries Strategy referring to the Pits and Quarries Aggregate Resources Strategy document submitted to Council at this meeting; expressing concern that, having served on this Committee for nearly two years after 84-577 COMMON COUNCIL APRIL 5,1994 being invited by City staff to provide input which would reflect the needs of residential communities within the City, there has been little opportunity to study and revise the second draft of the Study; and asking that Council study the submitted Schedule A carefully and insist that the recommendations therein become part of the revised Plan and By-Law -- be referred to the public meeting in this regard and to the City Manager, and the Committee be thanked for its letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillors Coughlan and A. Vincent voting "nay". Common Clerk