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1994-08-22_Minutes 84-787 COMMON COUNCIL AUGUST 22, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of August, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers and A Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 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; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; B. Steeves, Building Inspector; J. Baird, Manager - Development Division, Planning; B. Malone, Planner; G. Tait, Fire Chief; B. Fillmore, 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 David Jamer of Saint John Alliance Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on August 8, 1994, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) 3. Mavor's Remarks Mayor Higgins proclaimed the first week of September 1994 as Union Label Week in the City of Saint John; noted that the Cruise Ship - MS Fascination, will be back in the Port of Saint John on August 23; commented on his attendance on August 20 at ceremonies honouring Korean War Veterans; and advised that he will be attending a conference in Halifax, Nova Scotia, beginning on August 23, at which the Mayors of Atlantic Canada, as well as the Mayors of the southern shore of the United States, including Boston, New York and Philadelphia, will be in attendance in an effort to start the basic beginnings of an Atlantic Rim Conference for International Trade, much along the lines of the Pacific Rim in British Columbia. At the Mayor's invitation, Mr. Bedford commented on his July visit to Vilnius, Lithuania, where he worked with professionals and politicians initiating a strategic planning process as part of their steps in moving toward a private sector democracy; expressed appreciation to the City of Saint John for allowing him to take the time to participate in this manner; and advised that, while Mayor Vytautas Jasulaitis of Vilnius was away on holidays for the month, he was able to meet with this three deputies who, having presented to them a book "Saint John 200 Years Proud", given him by Mayor Higgins, asked him to present to Mayor Higgins a book, "La Vienne". Mayor Higgins accepted the book with appreciation. The Mayor extended an invitation, on behalf of Solicitor-General Jane Barry, to tour the recently-completed renovations to the Saint John County Courthouse and the Saint John Fire Fighter's Museum on August 29 at the corner of Sydney Street 84-788 COMMON COUNCIL AUGUST 22, 1994 and King Street East, such event hosted by the Solicitor-General and Justice Department, and the Saint John Fire Fighter's Association. *Motion of Condolence Councillor Coughlan expressed condolences to the family of the late Mr. Robert Garvin, a retired Staff Sergeant of the Saint John Police Department, who passed away on August 15. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Mr. Robert Garvin. Question being taken, the motion was carried. 4. Municipal Plan Amendment & Re-ZoninQ 75 CoburQ Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from High Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the use of the existing residential building and adjoining parking area for professional and administrative offices and classrooms, as requested by Maharishi Vedic College Inc., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising of its adoption of the recommendation in the submitted report from the Planning Department, which was considered at the Committee's August 16 meeting at which Mr. Neil Dickie expressed agreement on behalf of the applicant and no other persons were in attendance; and recommending that (1) Common Council redesignate on Schedule 2-A of the Municipal Development Plan, from High Density Residential to District Centre Commercial classification, a parcel of land located at the intersection of Coburg and Garden Streets, having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, also known as civic number 75 Coburg Street and having NBGIC Numbers 15669 and 15214; and (2) Common Council re-zone the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to professional and administrative offices, classrooms and/or residential accommodation within the existing building; (b) the existing parking area on Garden Street must be paved with asphalt and one of the entrances closed and landscaped along the sidewalk in accordance with a site plan prepared by the proponent and subject to the approval of the Development Officer, and no change of use permit will be endorsed by the Development Officer until the site plan is approved; and (c) the required improvements to the parking lot must be completed within one year of approval of the change of use permit. Mr. Neil Dickie, a Director of Maharishi Vedic College Inc., appeared in support of the above application; and advised that, having given the matter serious thought, Saint John is considered the best City in the Province in which to locate, and that the subject location is the best for the College's success and continued growth in the City. Mr. Christopher Collrin, a Director of Maharishi Vedic College Inc., was present in support of the above application; and indicated the intent to maintain the building in its very dignified, traditional character. 84-789 COMMON COUNCIL AUGUST 22, 1994 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from High Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law." On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from "RM-1" Three- Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 84-790 COMMON COUNCIL AUGUST 22, 1994 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment & Re-Zoning Portion of Fernhill Cemetery. Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from Open Space to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "P" Park to "B-2" General Business classification, to permit the development of a funeral home and chapel, as requested by Fundy Funeral Home Co-Op Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising of its adoption of the recommendation contained in the submitted report from the Planning Department at its August 16 meeting at which Mr. Dick Anderson expressed agreement on behalf of the applicant and no other persons were in attendance; submitting a copy of a letter in opposition to the proposal; and recommending that (1) Common Council redesignate on Schedule 2-A of the Municipal Development Plan, from Open Space to District Centre Commercial classification, a parcel of land located opposite the end of Margaret Street, having a frontage of 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448); (2) Common Council re-zone the same parcel of land from "P" Park to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to the applicant's proposal to develop a funeral home and chapel; (b) all parking areas, loading areas, aisles, maneuvering areas and driveways must be paved with asphalt and, where deemed necessary by the Development Officer, enclosed by poured-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (d) all disturbed areas of the site which are not occupied by buildings, driveways, walkways and parking or loading areas must be landscaped; (e) the site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site plan preparation and foundation) until a site plan is approved, such site plan shall be attached to the building permit for the development; and (f) all site improvements must be completed within one year of building permit approval; and (3) if and when third reading of the above-mentioned re-zoning is given, Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work on Westmorland Road. Mr. D. Anderson, a member of the Board of the Co-Op Funeral Home and the architect designer of the building, spoke in favour of the above proposal, and advised that the Planning Department's recommendation is fully acceptable. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from Open Space to District Centre Commercial classification, be read a first time. 84-791 COMMON COUNCIL AUGUST 22, 1994 Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from Open Space to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from "P" Park to "B- 2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from "P" Park to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment & Re-ZoninQ 1121 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 1121 Manawagonish Road 84-792 COMMON COUNCIL AUGUST 22, 1994 (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the existing motel to expand and make structural renovations to the exterior of the building, as requested by Doug King, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's August 16 meeting at which the applicant spoke in favour of the application and no one appeared against the proposal; and recommending that (1) Common Council re-designate on Schedule 2-A of the Municipal Development Plan from Low Density Residential to District Centre Commercial classification, the property located at 1121 Manawagonish Road (NBGIC Number 397430); and (2) Common Council re-zone the same property from "R-2" One- and Two-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act restricting the use of the property to motel/office or residential use. Mr. Doug King was present in support of his application, and asked Council's approval of his proposal to re-do the existing motel. On motion of Deputy Mayor McAlary Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, the property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from Low Density Residential to District Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law." On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", be redesignating on Schedule 2-A, the Future Land Use Plan, the property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from Low Density Residential to District Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law." On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. 84-793 COMMON COUNCIL AUGUST 22, 1994 On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from "R-2" One- and Two-Family Residential to "B- 2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 7. Proposed Re-Zoning 284-295 Simms and 291-295 Sherbrooke Streets The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land having an approximate area of 1.6 acres situated at 284-295 Simms Street and 291-295 Sherbrooke Street adjacent to the Oland Breweries Limited property (portions of NBGIC Number 392605 and NBGIC Number 391672), from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, to place the existing dwellings into an appropriate residential zoning category, as requested by Hughes Surveys & Consultants Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's August 16 meeting at which Mr. Richard Turner of Hughes Surveys & Consultants Ltd. expressed support of the staff recommendation but indicated that a civic addressing problem was present along Sherbrooke Street when two of the dwellings were relocated by Oland Breweries Limited, and staff informed the Committee that this matter will be resolved immediately; and recommending that Council re-zone an approximate area of 35,964 square feet situated at 284-295 Simms Street and 291-295 Sherbrooke Street, also being identified as Lots 94-2 to 94-7 inclusive on the submitted tentative subdivision plan, being portions of NBGIC Number 392605 and NBGIC Number 391672, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification. Messrs. Robert Jette, solicitor for Oland Breweries Limited, and Richard Turner of Hughes Surveys & Consultants Ltd., were present at the meeting in support of the above application; and Mr. Jette explained that the request is to re-zone a number of residential properties, which were re-zoned about fifteen years ago to Light Industrial, back to a residential classification in that the neighbourhood has maintained its residential characteristics even though about fifteen years ago the re-zoning was granted; and noted that the proposal entails a reopening of a street that was closed and some variances to the lots, as well as an issue with respect to street numbering which will be undertaken by his clients. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximate area of 35,964 square feet situated at 284-295 Simms Street and 291-295 Sherbrooke Street, also being identified as Lots 94-2 to 94-7 inclusive on the submitted tentative subdivision plan, being portions of NBGIC Number 392605 and NBGIC Number 84-794 COMMON COUNCIL AUGUST 22, 1994 391672, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, be read a first time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximate area of 35,964 square feet situated at 284-295 Simms Street and 291-295 Sherbrooke Street, also being identified as Lots 94-2 to 94-7 inclusive on the submitted tentative subdivision plan, being portions of NBGIC Number 392605 and NBGIC Number 391672, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, be read a second time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 8. Proposed Amendment to Section 39 Conditions Alderwood Gardens in Meadowland Subdivision The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the April 6, 1992 re- zoning of a parcel of land with an area of approximately one hectare, being part of NBGIC Number 429738 located at the northwest end of Honeysuckle Drive in the Meadowland Subdivision, in order to consider a revised proposal, to permit the development of twenty-nine two-storey townhouses with public streets, whereas the previous proposal consisted of twenty-two one-storey townhouses on private streets, as requested by Manford M. Thompson Construction Co. Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising of its adoption of the recommendation in the submitted report from the Planning Department at its August 16 meeting at which the applicant indicated support; and recommending that Council: (1) amend the conditions attached to the April 6, 1992 re-zoning of a parcel of land with an area of approximately 1 hectare (2.47 acres), being a portion of NBGIC Number 429738, situated at the northwest end of Honeysuckle Drive in the Meadowland Subdivision, by accepting the submitted revised proposal of 29 two-storey townhouses on public streets, on the condition that: (a) development be limited to 29 two-storey townhouses on public streets; (b) a buffer is provided between the townhouse units and the Saint John Throughway as illustrated on a plan to be approved by the Development Officer; and (c) Alderwood Street is constructed with a minimum asphalt surface width of 9 metres (30 feet); (2) assent to one or more subdivision plans, in one or more phases, for the submitted photo-reduced subdivision plan; (3) assent to any required municipal services or public utility easements for the submitted proposed subdivision; and (4) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including detailed site, landscaping and drainage plans for the approval of the Engineering Department. 84-795 COMMON COUNCIL AUGUST 22, 1994 Mr. Manford Thompson appeared in support of his application, and expressed agreement with the Planning staff report. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the April 6, 1992 re-zoning of a parcel of land with an area of approximately 1 hectare (2.47 acres), being a portion of NBGIC Number 429738, situated at the northwest end of Honeysuckle Drive in the Meadowland Subdivision, by accepting the submitted revised proposal of 29 two-storey townhouses on public streets, on the condition that: (a) development be limited to 29 two-storey townhouses on public streets; (b) a buffer is provided between the townhouse units and the Saint John Throughway as illustrated on a plan to be approved by the Development Officer; and (c) Alderwood Street is constructed with a minimum asphalt surface width of 9 metres (30 feet): AND FURTHER 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 submitted photo-reduced subdivision plan with regard to Meadowland Subdivision at 1100 Sand Cove Road; (2) assent to any required municipal services or public utility easements for the submitted proposed subdivision; and (3) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including detailed site, landscaping and drainage plans for the approval of the Engineering Department. Question being taken, the motion was carried. On motion of Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 9. Re-ZoninQ 222 CottaQe Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 222 Cottage Road (NBGIC Number 340471), from "RS-2M" One- and Two-Family and Mobile Home Suburban Residential to "R-4" Four-Family Residential classification, to place the property in a zone which reflects the present use as a four-unit apartment building, as requested by Richard Burbridge, and that two letters of objection were received from Walter Peterson, one submitting copies of letters and a petition in opposition to the subject re-zoning. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report, 17 letters in opposition and 27 letters in favour of the above-proposed re-zoning which were considered at the Committee's August 16 meeting at which two persons spoke against and several people spoke in favour of the application; and recommending that Common Council re-zone the subject property, located at 222 Cottage Road (NBGIC Number 340471), to "R-4" Four Family Residential classification, subject to a Section 39 resolution that the subject property meet the standards of the N.B. Department of Health. Mrs. Kathy Peterson appeared before Council in opposition to the above- proposed re-zoning as one of the co-owners of 230 Cottage Road which neighbours the subject property, and advised that her husband would give the reasons for being against the re-zoning. Mrs. Marjorie Williams stated her objection to the re-zoning of 222 Cottage Road as part owner of 230 Cottage Road. Mr. Walter Peterson of 230 Cottage Road read his above-mentioned letter in opposition to the re-zoning of 222 Cottage Road, and asked Council to reject the application. 84-796 COMMON COUNCIL AUGUST 22, 1994 Mr. Peterson, in response to Council queries, commented on negative effects a four-family building could have on the surrounding area, including contamination of wells and the resultant decrease in property value, noise, traffic and parking, and advised that it was his understanding when he purchased in the area that it was a rural, quiet area. Mr. Richard Burbridge, owner of 222 Cottage Road, spoke in support of his application, noted the Planning Advisory Committee's recommendation to re-zone the property, including compliance with some modification to the subject property and working with the Health Department; and advised that he is before Council to answer questions and see if he can get approval for re-zoning. In response to Council queries, Mr. Burbridge commented on the manner in which he developed the subject property for four families since his purchase of it eighteen years ago, as there was a demand for housing in the area; and Mr. Baird explained that the Provincial Department of Health standard for a four-family lot of at least one and three-quarters acres would deal with the situation of how much land an individual, who is seeking to build a four-unit building or to create a lot for four units today, would need; and the Planning Advisory Committee, in making its recommendation, was seeking to ensure that the Provincial Department of Public Health has looked at the present situation as it exists, which is below standard, and be satisfied, from a health perspective, that the present system was satisfactory and, although the requirement would be for one and three-quarter acres if the building was being constructed today, what the Committee is looking for is if the Department of Health would be satisfied with the present situation. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the application of Mr. Richard Burbridge for the re-zoning of 222 Cottage Road be denied. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above correspondence be received and filed. Councillor A. Vincent asked for a full report from the City Manager on why the Building Inspection Department would allow the work to proceed on the above property. Question being taken, the motion was carried. 11. Saint John Friends of DiQbv Committee On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Councillor A. Vincent advising that a group of citizens recently got together to discuss how they could assist in keeping the Princess of Acadia alive, and formed a small committee to organize a Friends of Digby and to invite the Mayor and citizens of Digby to spend a day in Saint John and to organize a return trip by Saint John citizens; and requesting that the Mayor officially invite the Mayor, Council and citizens of Digby to visit Saint John on either September 17 or 24 after a favourable reply from them -- be referred to Mayor Higgins for further action. Councillor A. Vincent advised that the date for the proposed visit is flexible. Question being taken, the motion was carried. 84-797 COMMON COUNCIL AUGUST 22, 1994 12. Simonds Lions Ball Field Read a letter from Councillor A. Vincent requesting that a letter sent to the City of Saint John Recreation Department be made public, regarding the rescheduling of the use of the Simonds Ball Field during Exhibition week, and concerning plans for the Exhibition Association to use the ball field next year as a commercial parking lot. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above letter from Councillor A. Vincent be referred to the City Manager. Councillor A. Vincent re-iterated his request for a copy of the above- mentioned letter, and Mr. Totten advised that, with respect to a letter from the Exhibition Association, he is unaware of any letter sent to the Recreation Department; however, the Association was in to see him and updated him on some of the activities it was undertaking at Exhibition Park, after which he sent a memo to Mr. Robichaud, with a copy to Director of Parks B. Morrison and Director of Recreation J. Brownell, which covered a number of items; and advised that, while he would not normally disclose internal correspondence to the public, he could have copies made for the Council members or he would be prepared to read the memo. At the Mayor's request, Mr. Totten read from the subject memo referencing the Association's request, with regard to the ball field, for the City to cancel activities on this field during Exhibition Week of August 27 to September 3 as, with the construction of the new mall behind schedule, the site is required by the Simonds Lions Club for parking for the Exhibition, which would also require removal of a couple sections of fencing, and also that the field not be programmed for 1995 without first checking with the Association as it has another proposal about which it would eventually speak to Council; and the Association's request, with respect to the Simonds Arena, for the City to install a new catch basin, drainage system at the back left-hand corner of the building, and to dump snow from the Zamboni a further forty or fifty feet away; and the Association's request, with respect to the corner of McAllister Drive and Golden Grove Road, for the City to fill in the area between the curb and fence. Mr. Totten advised that this is the correspondence of which he is aware; and guaranteed Councillor A. Vincent that, while he is not aware of a letter that went to Recreation, if there is a letter it will be made available to Councillor A. Vincent tomorrow. During Councillor A. Vincent's comments, in response to the reference to if there is a letter, with respect to whether he is being doubted in his statement that there is a letter, the Mayor ruled Councillor A. Vincent out of order for his conduct. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 13. Purchase Order To Power Commission, Materials and Services At Garden Street Intersection On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a purchase order in the amount of $26,000 be issued to The Power Commission of The City of Saint John to provide for materials and services required by the City of Saint John to relocate overhead power lines and install street lighting at the Garden Street intersection with City Road. Question being taken, the motion was carried. 14. Reduction Of Security Amount Meadow Wood Subdivision - Thistle Street On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, pursuant to clause 25.2 of the Subdivision By-Law, the security amount 84-798 COMMON COUNCIL AUGUST 22, 1994 for the remaining work at Meadow Wood Subdivision - Phase 1 be reduced to $7,000 from the existing amount of $28,000. Question being taken, the motion was carried. 15. Proposed Extension. Contract 93-14 Read a report from the City Manager advising that, because of the frequency of leaks in the 3600-foot section of the pipeline between Westmorland Road and Rothesay Avenue and traversing through property owned by Clearview Mobile Homes Limited through which the City has an easement, staff is currently examining an alternate route for the pipeline and may eventually recommend to Council that this section of line be replaced; also advising that, currently, staff has identified five locations where joints are leaking and notification has been received from the property owner, Clearview Mobile Homes, requesting the City to address the leaks immediately and that, while traditionally Water and Sewerage staff would excavate and make repairs by welding the exterior of the pipeline, an alternate repair method is provided in that Miller Utility Services Ltd., which successfully completed work in May 1994 on contract 93-14- sealing 900 mm diameter watermain joints for a section of the City's 36" diameter water transmission main under the Saint John Throughway and railroad tracks between Forest and Celebration Streets, is prepared to extend this contract at the existing unit prices and install thirty or more seals at the previously-tendered contract price on the subject 3600-foot section of pipeline, and Miller Utility Services Ltd., in addition, would require a one-time mobilization-demobilization cost of $4,400, with the total proposed work to cost approximately $40,000; and submitting a recommendation in this regard. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, staff be authorized to proceed as outlined in the above report from the City Manager with respect to an extension of contract 93-14 with Miller Utility Services Ltd., and the said report be received and filed. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) Question being taken, the motion was carried. 16. Easement For Encroachment 854 ManawaQonish Road Read a report from the City Manager submitting a letter from the Legal Department with respect to a request from Randall A. Hatfield, solicitor for Edward Quinn and Carol M. Quinn, the owners of 854 Manawagonish Road, for an easement to permit the encroachment of their dwelling house upon Manawagonish Road; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of Edward Quinn and Carol M. Quinn, his wife, the owners, to permit the encroachment of their dwelling house upon Manawagonish Road; such easement to terminate upon the destruction or removal of such encroachment. Question being taken, the motion was carried. 17. Establishment ChanQe - Supplv and Services Consideration was given to a report from the City Manager advising of the development of a situation in Supply and Services whereby two related jobs, Storekeeper (Group V) and Stockkeeper (Group VI), have essentially become one and the same as the distinction between the two has disappeared with the centralization of 84-799 COMMON COUNCIL AUGUST 22, 1994 Water and Sewerage Stores at Rothesay Avenue and the development of new facilities there, and both classifications do essentially the same work, side by side in the same area; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council amend the Establishment as it relates to Supply and Services as follows: eliminate the Storekeeper position and increase the number of Stockkeeper positions from two (2) to three (3). Question being taken, the motion was carried. 18. 1121 Manawagonish Road ZoninQ Bv-Law Text Amendment Read a report from the City Manager advising that the public notice for the Municipal Plan amendment and re-zoning for property at 1121 Manawagonish Road appeared twice in the local newspaper to advertise the proposal; however, it did not advertise the requested Zoning By-Law amendment to Section 520(2)(e) due to an error by staff which was not detected until recently; also advising that it is expected that Council could deal with this proposed amendment at its October 3, 1994 meeting; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the proposed Zoning By-Law text amendment for Section 520(2)(e), exempting the property at 1121 Manawagonish Road for a motel to be located adjacent to an "R-1A", "R-1 B" or "R-2" zone, 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 October 3, 1994. Question being taken, the motion was carried. * Added Item On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the City Manager's recommendation concerning the I.A.F.F. Local 771 Application to the Industrial Relations Board, which was considered in Committee of the Whole earlier this date under item 38, be added to the agenda for consideration at this meeting as item 18A. *18A. I.A.F.F. Local 771 Application To Industrial Relations Board On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the following resolution was adopted, namely:- "RESOLVED that Common Council hereby authorizes the City Solicitor or his designate to withdraw the City's May 27, 1994 Objection to Local 771's Application to the Industrial Relations Board for the combination of the permanent and holiday relief firefighter bargaining units into a single unit; AND FURTHER that Common Council hereby authorizes the City Solicitor or his designate to express Common Council's support of the aforesaid application of Local 771, subject to the condition that the terms of the expired collective agreements with each of the two bargaining units in question remain in place 84-800 COMMON COUNCIL AUGUST 22, 1994 until a new collective agreement for all firefighters of the City of Saint John, save and except those presently excluded from those bargaining units, has been concluded: AND FURTHER that Common Council hereby authorizes the City's negotiators to work towards concluding a single satisfactory collective agreement for all such firefighters." . Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 19. Street Closing By-Law Amendment - Partelow Street And Fire Lanes On motion of Councillor Knibb Seconded by Councillor Rogers 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 the following:- PARTELOW STREET - "ALL that portion of a sixty-foot (60') wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick named Partelow Avenue bounded on the north by Spruce Ave.; bounded on the east by a block of lots designated by the number 6 on a plan entitled "Plan of Bayview the Property of Eastern Terminal Co. Ltd." dated January 30, 1912 and filed in the Saint John County Registry Office on March 5, 1912 as File 8 no. 37; bounded on the south by the northern line of the lands conveyed by deed from Rosella Barrett as administratrix of the Estate of Thomas A. Barrett, late of the Parish of Simonds, farmer, deceased and in her own right to Irving Refinery Limited, now Irving Oil Limited, dated March 16, 1959 and registered in the aforesaid Registry Office on April 22, 1959 in book 359 at page 259 as no. 175599, and bounded on the west by a block of lots designated by the number 5 on the aforesaid plan filed in the said Registry Office as File 8 no. 37. ALL that portion of a ten foot (10') wide strip on land in the City of Saint John in the County of Saint John and Province of New Brunswick dividing the western tier of lots and the eastern tier or lots in a block of lots designated by the number 5 on a plan entitled "Plan of Bayview the Property of Eastern Terminal Co. Ltd." dated January 30, 1912 and filed in the Saint John County Registry Office on March 5, 1912 as File 8 no. 37; bounded on the north by the southern line of the first described parcel of land in the deed from James L. Barrett per beneficiaries Josephine H. McCormick and Audrey K. Mcintyre dated November 21, 1984 and registered in the aforesaid Registry Office on December 19,1984 in book 1071 at page 550 as no. 319401, bounded on the south by the northern line of the lands conveyed by deed from Rosella Barrett as administratrix of the Estate of Thomas A. Barrett, late of the Parish of Simonds, farmer, deceased and in her own right to Irving Refinery Limited, now Irving Oil Limited, dated March 161959 and registered in the aforesaid Registry Office on April 22, 1959 in book 359 at page 259 as no. 175599 and bounded on the west by the western tier of lots in the said block 5. ALL that twenty foot (20') wide strip of land in the City of Saint John in the County of Saint John and Province of New Brunswick dividing the western tier of lots and the eastern tier of lots in a block of lots designated by the number 6 on a plan entitled "Plan of Bayview the Property of Eastern Terminal Co. Ltd." dated January 30, 1912 and filed in the Saint John County Registry Office on March 5, 1912 and filed in the Saint John County Registry Office on March 5, 1912 as File 8 no. 37 bounded on the north by Spruce Ave. bounded on the east by the eastern tier of lots in block 6, bounded on the south by the northern line of the lands conveyed by a deed from Rosella Barrett as administratrix of the Estate of Thomas A. Barrett, late of the Parish of Simonds, farmer, deceased and in her own right to Irving Refinery Limited (now Irving Oil Limited) dated March 16, 1959 and registered in the aforesaid Registry Office on April 22, 1959 in book 359 at page 259 as no. 175599 and bounded on the west by the western tier of lots in the said block 6. ": - be read a third time and enacted and the Corporate Common Seal be affixed thereto. 84-801 COMMON COUNCIL AUGUST 22, 1994 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. 20. 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 August 8, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the salary of Mr. Bert Steeves, currently acting as Building Inspector, be adjusted to Group 7, Level "A", effective June 27, 1994; (2) the salary of Mr. David Crawford, currently acting in the position of Deputy Building Inspector, be adjusted to Group 5, Level "A", effective June 27, 1994; and (3) the salary of Mr. Bill Edwards, currently acting as Director of Works, be adjusted to Group 7, Level "A", effective February 21, 1994. 2. That as recommended by the City Manager, the Provincial Department of Transportation be advised that: (1) the City has no interest in the acquisition of the following properties: Parcel 1 located at the corner of King Street West and Market Place, and Parcel 3 located on the East Side of Eldersley Avenue, being a portion of NBGIC Number 335612; and (2) the City opposes the sale of Parcel 2 located adjacent to Marsh Creek (NBGIC Number 55011464) for the reasons as indicated in the by Engineering Department in the City Manager's submitted report, and requests the Province, prior to agreeing to sell the property, to advise the City of the alternatives considered to provide the connection to the Throughway. 3. That as recommended by the City Manager, James LeMesurier be named as the City's nominee to the board of arbitration of CUPE Local 18 grievance 91- 24 on behalf of Robert McLellan. 4. That as recommended by the City Manager, Gary Lawson be named as the City's nominee to the board of arbitration of CU PE Local 18 grievance 93-21, regarding bargaining unit work. 5. That as recommended by the City Manager, Mark Giberson be named as the City's nominee to the board of arbitration of CU PE Local 18 grievance 92-15, regarding temporary assignments. 6. That the Saint John Board of Trade and the Transportation Committee be asked to proceed with the preliminaries of starting the Local Transfer Planning Group for commercialization of the Saint John Airport, and Council be kept informed in this regard. August 22, 1994 Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 20(1). ActinQ Pay On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 84-802 COMMON COUNCIL AUGUST 22, 1994 20(2). Offer of Provincial Lands For Sale On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 20(3). Arbitration of Local 18 Grievance 91-24 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 20(4). Arbitration of Local 18 Grievance 93-21 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 20(5). Arbitration of Local 18 Grievance 92-15 On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that section 5 of the above report be adopted. Councillor A. Vincent requested a report on the cost of such arbitrations to the City, especially those the City has lost. Question being taken, the motion was carried. 20(6). Saint John Airport On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Councillor Gould expressed the understanding that the City of Vancouver did a study of the above nature which cost over $3 million, and asked the extent of the City's commitment in the above matter so as to avoid being presented a bill for several hundred thousand dollars. The Mayor explained that the Board of Trade, on the recommendation of Members of Parliament Elsie Wayne and Paul Zed, will apply to the Atlantic Canada Opportunities Agency to cover the cost of the preliminary studies and negotiations. At Councillor A. Vincent's request that organized labour be part of the above study, the Mayor advised that he would follow-up in this regard. Question being taken, the motion was carried. 84-803 COMMON COUNCIL AUGUST 22, 1994 21. Subdivision 237 Foster Thurston Drive On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) accept a new cash-in-lieu dedication for the required land for public purposes for the proposed lots in Phase 1 on the submitted revised tentative subdivision plan of 237 Foster Thurston Drive; (2) assent to any required municipal services or public utility easements for the Phase 1 on the submitted revised tentative subdivision plan; and (3) require a notation on the final subdivision plan(s) for the proposed lots that would indicate that a driveway culvert is required prior to the issuance of a building permit to the specifications of the City of Saint John. Question being taken, the motion was carried. 22. Paul D. Small Retirement On motion of Deputy Mayor McAlary Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Paul D. Small, an employee of the Police Department, in accordance with section 9(1) of the former City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. 23. Lancaster Lions Club - Road Toll On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Lancaster Lions Club seeking permission to hold a road toll on Raynes Avenue before Simms Corner, on either September 11 or 18 to raise money for the Westside Food Bank, and suggesting two other locations should the Raynes Avenue one not be suitable -- be received and filed and permission be granted: AND FURTHER that the matter of road tolls for voluntary contributions to community organizations be referred to the City Manager for an appropriate policy to be set up as far as regulations are concerned. Question being taken, the motion was carried. 10. ManawaQonish Road Tree Preservation Committee Reverend E. Lloyd Lake, President of the Manawagonish Road Tree Preservation Committee, introduced Committee members Treasurer John Noddin; Secretary William Ryan, and Dorothy Vachon; and noted the other members of the Committee, Vice-President Graham Savage, Nell Halse and Harry Gaunce. Reverend Lake addressed Council 0 the Committee's progress to date and its recommendations, as outlined in the previously-submitted Working Paper, that (a) 6-7 trees should be removed by this autumn, 6-7 trees should be removed in 1995 and 6-7 trees should be removed in 1996, with consideration given to the best species for replacements; (b) the concept of "plant health care" be promoted for trees; (c) the City consider discretionary use of supporting devices to stabilize defects in some instances where the Committee is convinced there is no immediate danger of an accident; (d) the establishment of a fully cooperative stewardship of the forest among the citizens of the City, municipal authorities and Provincial and Federal governments; (e) support of the Parks Department's plans to introduce a tree inventory-based software program to its computer program; (f) the municipality enact preservation and protection by-laws; i.e. laws prohibiting defacing trees, intentional injury, unlicensed removal and crowding of trees, and signs be placed to re-route heavy City traffic (trucks and transport vehicles) from Manawagonish Road and Police be advised to enforce a by-law of this description; (g) 84-804 COMMON COUNCIL AUGUST 22, 1994 promotion of "adopt a tree" programs along the street and beyond; (h) the eventual adoption of a time table for pruning and caring for the trees of the urban forest; and (i) the eventual inclusion of corporation(s) to assist in the developing programs and assisting the enthusiastic citizens, the municipality and Provincial representatives to realize a healthy and growing forest on Manawagonish Road and the recognition of Saint John as the Forest City of the Maritimes. Reverend Lake advised that, with regard to long-term goals, the Committee supports (1) the further development of a dedicated forestry section within the Parks Department, staffed by qualified tree care practitioners and eventually augmented by a City arborist; and (2) the eventual appointment by the City of a commissioner for tree preservation as a final arbitrator for urban arborist matters. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the presentation on behalf of the Manawagonish Road Tree Preservation Committee be referred to the City Manager for further action with the Parks Department. Question being taken, the motion was carried. 24. City of Fredericton Congratulating Saint John On Recent DesiQnation On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mayor Brad Woodside of the City of Fredericton extending congratulations on Saint John's recent designation in the August 1994 Report on Business Magazine as one of the top five cities in Canada in which to live and do business -- be received and filed with thanks. Question being taken, the motion was carried. 25. Shirlev Whitebone - Festival Bv The Sea On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Shirley Whitebone recommending more support for Festival By The Sea; and suggesting putting money for Loyalist Days towards Festival By The Sea, perhaps having it for a few days longer and keeping Loyalist Day for a day or two -- be received and filed. Question being taken, the motion was carried. 26. McAllister Place Limited (Tritor Developments Ltd.), Application For Section Amendment 515-519 Westmorland Road (McAllister Place) On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of McAllister Place Limited (Tritor Developments Ltd.) for an amendment to the Section 39 conditions of the re-zoning of 515-519 Westmorland Road (McAllister Place), 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 October 17, 1994. Question being taken, the motion was carried. 84-805 COMMON COUNCIL AUGUST 22, 1994 27(a) & (b). Joseph C. Oliver, Lynn A. Nason Municipal Plan Amendment & Re-ZoninQ 3636 Westfield Road Consideration was given to letters from (a) Joseph C. Oliver and (b) Lynn A. Nason requesting to address Council prior to third readings of the proposed Municipal Plan amendment and re-zoning of 3636 Westfield Road On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that the matter be taken from the table and Council proceed with third readings. Councillor Coughlan proposed a motion, which was not seconded, that the above letters be tabled until Council receives the report requested from staff. The status of the anticipated staff report was questioned to which Mr. Baird replied that the objectors raised additional concerns which he has discussed with Mr. Brown and, at this time, they are still resolving the direction in which Mr. Brown would like to go and he indicated late last week that he wanted to discuss this matter with his legal representative; and advised that it is anticipated that the matter will be resolved in order to have a report at the next Council meeting, which he indicated to Mr. Brown earlier this date. The Mayor suggested that the above letters should be referred to the City Manager pending a report from City staff prior to the consideration of third readings, whereupon Councillor Coughlan proposed a motion to that effect. The motion on the floor was noted and, with regard to the Mayor's observation that the motion was for third reading, Councillor Rogers clarified the intent to first take the matter from the table so that Council can deal with third readings. Question being taken, the motion was carried with the Mayor and Councillors Coughlan and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the former Grand Bay Drive-In Theatre property, located at 3636 Westfield Road (a portion of NBGIC Number 295253), from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. In response to the Mayor's query as to Section 39 conditions on the proposed re-zoning, Mr. Bedford noted that Council, at its last meeting, considered a recommendation from the City Manager that included the proposed Section 39 conditions, and tabled the matter further for the meetings Mr. Baird has had with the two opponents. The City's legal position in proceeding as proposed was questioned by Councillor Gould, to which Mr. Rodgers replied that, based on his understanding of what has occurred in this regard and there is no further report at this meeting, Council is free to proceed with third reading without any Section 39 conditions because Council does not have before it Section 39 conditions from staff to attach to the re-zoning, or Council can continue the tabling for another few weeks until a report on it is received from the City Manager; and suggested that Council should be apprised of the resolution at the last Council meeting, whereupon Mrs. Munford read Common Council resolution of August 8, 1994 in this regard. At Mr. Rodgers' suggestion that the City Manager should be asked to comment on the August 8, 1994 Common Council resolution, Mr. Totten, noting Mr. Baird's comments about the process and meetings held and Mr. Brown's concern that there were certain conditions being asked for that he wanted to check with his legal advisor, advised that that is why the staff report is not before Council at this meeting. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table until the next meeting pending a staff report prior to third reading. 84-806 COMMON COUNCIL AUGUST 22, 1994 28. Uptown Saint John Inc. Proposed General Hospital Development On motion of Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the letter from Uptown Saint John expressing the understanding that there is a possibility that the proposed General Hospital development will be presented to Council at this meeting and, in this event, requesting an opportunity to address Council on this issue -- be withdrawn from the agenda. Mrs. Munford advised that Uptown Saint John Inc. has requested that the above letter be withdrawn. Question being taken, the motion was carried. 29. Cities of New Brunswick Association Resolution Submission For Annual MeetinQ On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the memorandum from Cities of New Brunswick Association, Inc. advising that the deadline for submitting resolutions to the 1994 Annual Meeting in Campbellton is Friday, September 23, 1994-- be referred to the City Manager for submission of resolutions for Council's consideration. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". Common Clerk