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1995-03-27_Minutes 85-180 COMMON COUNCIL MARCH 27, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of March, AD. 1995, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; J. Baird, Manager, Development Division, Planning; W. Edwards, Building Inspector; E. Farren, Intergovernmental Affairs Officer; J. Mcintyre, Manager of Industrial Relations; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on March 20, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment And Re-ZoninQ 135 McAllister Drive 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 between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, from Major Institutional to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "B-2" General Business and "P" Park to "sc" Shopping Centre classification, to permit the construction of an approximately 14,000-square foot addition to the Exhibition Plaza commercial development, as requested by Exhibition Plaza Inc., 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 Planning staff's report considered by the Committee at its February 20 meeting at which Mr. Michael Zakuta, representing the applicant, expressed agreement with the staff recommendation, and Mrs. Jean Urquhart of 55 Golden Grove Road expressed concerns regarding the impact of the proposal on the Flood Risk Area; and recommending that Common Council (1) amend the Municipal Development Plan by redesignating on Schedule 2-A, from Major Institutional to District Centre Commercial classification, a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza and having civic number 135 McAllister Drive, 85-181 COMMON COUNCIL MARCH 27, 1995 being a portion of NBGIC Number 307397; and (b) re-zone the same parcel of land from "B-2" General Business and "P" Park to "SC" Shopping Centre classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following: (a) development of the re-zoned area shall be limited to the proposed expansion of the adjacent Exhibition Plaza development, resulting in a total floor area for the entire unenclosed mall of approximately 60,000 square feet; (b) drainage of the site will be constructed in accordance with a detailed drainage plan which will be prepared for the applicant by a registered engineer, licensed to practice in the Province of New Brunswick, and approved by the Chief City Engineer; (c) location, design and construction of access (including reinstatement of concrete curb/sidewalk) are subject to the approval of the Chief City Engineer; (d) parking area shall be paved and enclosed with poured-in-place concrete curbs; (e) all utility services will be located underground; (f) all areas not occupied by buildings, parking areas, driveways, loading areas and sidewalks shall be landscaped in accordance with a plan prepared by the applicant and approved by the Development Officer, such plan to illustrate a minimum of 20 feet of landscaped area between the road allowance and parking area; (g) no building permit (except site preparation) shall be issued without the plans required in (b), (c) and (f) being submitted and approved as required; and (h) all work required in (b), (c), (d) and (f) must be completed within one year of building permit approval. Mrs. Jean Urquhart of 55 Golden Grove Road appeared in opposition of the above proposal because of drainage problems in the Glen Falls area and no guarantee that the proposed mall expansion will not cause further problems in the area as, currently, Exhibition Park drains toward the flood zone area; and made the observation that, while she was under the impression that the mall was to bring new and different business to the area, currently the only new business is a fast-food restaurant, Wendy's, and the other proposed businesses of which she is aware, including movie theatres and a Marks & Spencer store are already in the surrounding area. Mrs. Urquhart suggested that, as construction of the mall will provide only short- term employment, there could be a long-range problem if the drainage problem is agitated. 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", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from Major Institutional to District Centre Commercial classification, be read a first time. In response to Councillor Gould, Mr. Baird advised that, although the site in question is not within the Glen Falls Flood Risk Area, it is in the same drainage basin and presently drains towards the Glen Falls area and, as a result of this development and the previous development, the drainage system, the catch basins and storm sewers will direct drainage into Majors Brook which is to the rear of Parkway Mall and away from the Glen Falls residential area, and that the engineering consultant hired by the applicant and City staff feel that the situation should be improved with respect to the Glen Falls area. With regard to Councillor A. Vincent's question about what protection there is to ensure that Majors Brook will not back up, Mr. Totten made the observation that the flow is being redirected from the site in question to Majors Brook, although no guarantee can be given that at some point Majors Brook will not back up. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". 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, 85-182 COMMON COUNCIL MARCH 27, 1995 "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from Major Institutional to District Centre Commercial 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 entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from "B-2" General Business and "P" Park to "SC" Shopping Centre 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 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 a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from "B-2" General Business and "P" Park to "SC" Shopping Centre 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 Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment And Re-ZoninQ 164-166 Leinster 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 164-166 Leinster Street (NBGIC Numbers 9258, 11833,55036743 and 55047021), having an approximate area of 13,000 square feet and located at the southwest corner of Leinster and Crown Streets, from Medium Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "RM-1" Three-Storey 85-183 COMMON COUNCIL MARCH 27, 1995 Multiple Residential to "B-2" General Business classification, to permit the development of a new building containing an insurance office, coffee and donut shop and beauty salon, as requested by Mr. Merton L. Fudge, and that written objections were received from Jane Tunney and Kevin Babin, and also that a letter was received from the applicant requesting to withdraw the application, as well as three letters about the manner in which the Planning Advisory Committee handled this matter at its March 21 meeting. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a number of letters expressing objection to the above proposal, which were considered at the Committee at its March 21 meeting at which Mr. Robert Fudge, the applicant's son, expressed objection to the staff recommendation, and two presentations were made by area residents, as well as a presentation on behalf of the South Central Citizens Council expressing objection to the proposed commercial development; and advising that, after discussion with the Committee, Mr. Robert Fudge expressed a desire to withdraw the application and was advised that a letter was required to Council in order to do so, and the Committee did not provide a recommendation on the basis that the application was being withdrawn. The Mayor noted that items 4(a), 4(b), 4(c) and 4(d) would be superfluous if there were a motion with regard to item 4(e) in relation to permission to withdraw the above application. 4{e) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Common Council accept Mr. Merton L. Fudge's request to withdraw his application for a Municipal Plan amendment and re-zoning of 164-166 Leinster Street, and the application fee of $200 be refunded. Question being taken, the motion was carried. The Mayor asked Deputy Mayor McAlary, a member of the Planning Advisory Committee, to comment on item 4(f), the letters received on the manner in which the Committee handled the matter in question at its March 21 meeting; and Deputy Mayor McAlary, having commented on the Planning Advisory Committee's heavy workload over the past few weeks and the week to come and the length of the meetings, acknowledged that this is not an excuse for anything out of the ordinary to happen at a Planning Advisory Committee meeting as being rude or unprofessional because, at all times, patience and tolerance should be displayed at all public meetings, especially on the part of the chairman. Councillor Rogers suggested that it would be timely for the Mayor to meet with the Planning Advisory Committee members to outline their responsibilities under the guidelines of the committee structure; and Councillor Trites, noting that one of the subject letters anticipates a response, expressed the opinion that the letters warrant a response from Council. ~ On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the letters from Stephen Savoie, Jane Tunney and Kent Grass regarding the manner in which the Planning Advisory Committee handled the application for a Municipal Plan amendment and re- zoning of 164-166 Leinster Street at its March 21 meeting -- be referred to the City Manager. Question being taken, the motion was carried. 85-184 COMMON COUNCIL MARCH 27, 1995 5. Zoning By-Law Amendment To Re-Zone 1169 ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 1169 Manawagonish Road (NBGIC Number 397760), having a frontage of approximately 100 feet and a depth of approximately 220 feet, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, to permit the continued use of the property as a parking lot for the adjacent Kingdom Hall of the Lancaster- Saint John Congregation of Jehovah's Witnesses, located at 1177 Manawagonish Road, as requested by the Lancaster-Saint John Congregation of Jehovah's Witnesses, 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 Planning staff's report considered at the Committee's March 21 meeting at which Mr. Percy Densmore of the Saint John-Lancaster Congregation of Jehovah's Witnesses expressed agreement with the recommendation, no other persons attended and no letters were received; and recommending that Common Council re-zone a parcel of land at 1169 Manawagonish Road, having a frontage of approximately 100 feet and a depth of approximately 220 feet, also being NBGIC Number 397760, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring the following:- (a) the use of the subject site as a parking area must be in accordance with a detailed site plan, subject to the approval of the Development Officer, indicating the following improvements: (i) landscaping of the Manawagonish Road right-of-way between the street curb and the front lot line, along the entire frontage of NBGIC Number 397760, except for one driveway entrance having a maximum width of 30 feet; (ii) landscaping between the parking area and the lot line abutting 1165 Manawagonish Road (NBGIC Number 397752) in accordance with Zoning By-Law requirements (e.g. a 6.5-foot wide planting strip with trees, shrubs or hedge planted in a manner designed to interfere with vehicle headlights shining across property lines); and (iii) pavement of the parking area with asphalt and enclosure with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; and (b) the improvements illustrated on the site plan must be completed within one year of adoption of this resolution. On motion of Councillor Knibb Seconded by Councillor Rogers 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 1169 Manawagonish Road (NBGIC Number 397760), having a frontage of approximately 100 feet and a depth of approximately 220 feet, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional 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 Councillor Coughlan 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 1169 Manawagonish Road (NBGIC Number 397760), having a frontage of approximately 100 feet and a depth of approximately 220 feet, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional 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. 85-185 COMMON COUNCIL MARCH 27, 1995 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. 6. Jerrie Fowler, Assistant Deputy Minister Information HiQhwav Secretariat Consideration was given to a letter from the City Manager advising that the Province of New Brunswick is the only Province in Canada to have a Ministry of State responsible for the Information Highway, and that the Steering Committee of Deputy Ministers appointed in September 1993 to accelerate the evolution of the Information Highway in the Province concluded that New Brunswick can attract software and hardware developers who want to access new approaches to business, health care, education and consumer lifestyles and, as the Committee also envisioned economic and social benefits, other than an increasing competitive advantage for New Brunswick enterprises and an opportunity for specific new industry to develop, Mr. Jerrie Fowler was appointed to co-ordinate the efforts of this Ministry of State. Mayor Higgins introduced Mr. Jerrie Fowler, Assistant Deputy Minister with the New Brunswick Department of Economic Development and Tourism with responsibility for the Information Highway Secretariat; and Mr. Fowler addressed Council on the Information Highway, its importance from an economic point of view, the Province's strategies with respect to the Information Highway, and how Saint John might take advantage of it. Mr. Fowler explained that the Information Highway is a network of networks - a network of computers and telecommunications, and the convergence of these technologies has made it possible to move vast amounts of information over the Information Highway, including voice, audio, graphics and multi- media information; and suggested that, while most of the hype centres around the area of entertainment, business applications will be the driving force on the Information Highway and the facility provides an opportunity to dramatically increase the educational level of most Canadians. Mr. Fowler advised that the interest in the Information Highway started in 1990 or 1991 when the Province became involved in the call-centre initiative; and apprised Council of the Steering Committee's efforts in carrying out its objectives with respect to the Information Highway in the areas of awareness education and model users in education, health and other facilities, and the vision for New Brunswick as a world-class business centre for information technology with economic development opportunities as service and content providers. With regard to the opportunities for the City of Saint John, Mr. Fowler advised that there would be the same opportunity for the City of Saint John, in the model-user concept, as for others in the Province to deliver programs and services more effectively, as well as generate a level of economic activity; an opportunity to work together with the other two levels of government to eliminate the duplication of services because citizens do not appreciate the differences between government; the opportunity to take advantage of the location of Fundy Cable and NBTel head office environment, particularly the fact that Saint John may be the first City in North America to be hooked in to the full-fledged Information Highway; an opportunity to work with UNBSJ in activities around Inner-Net and the access of electronic on-line services; and, as it appears that with Enterprise Saint John working together to pursue industry from outside, an opportunity for success through a total community involvement in the initiative. The Mayor thanked Mr. Fowler for his presentation, as well as Mr. Farren and Councillor A. Vincent for their efforts in this regard; and Councillor A. Vincent expressed appreciation to Mr. Fowler for accompanying him on a tour of the City's industrial parks and UNBSJ earlier this date, and thanked City employees Mr. Farren and D. LeBlanc for arranging this tour. 85-186 COMMON COUNCIL MARCH 27, 1995 7. Lovalist City Festival Mr. Eric L. Teed, Chairman of Loyalist City Festival, addressed Council on the plans for the July 9-16 Festival as outlined in the previously-submitted brief; and explained that, while the Corporate name is Loyalist Days Inc., the name Loyalist City Festival has been adopted to avoid confusion with May 18, Loyalist Day and the City's birthday and, as well, it enables the group to present a full panorama of the City's heritage, both pre- and post-Loyalist. Mr. Teed, having advised the intent of the 1995 Loyalist Festival to have theme days recognizing the City's Aboriginal, Acadian, Loyalist, Celtic and Multicultural heritage, introduced Mr. Chris Galbraith, bearing the Union Flag, Norman Tuppler representing Aboriginal Day, Ida LeBlanc representing Acadian Day, James Anderson bearing the Mascot Flag representing Loyalist Day, Jack McNamara representing Celtic Day and the Welsh, Scots and Irish heritage, Mahoganey Craggette representing Multicultural Day, Jamie Galbraith and Stephanie Teed who distributed to Council members flags bearing the Squire John Mascot, and Treasurer Sharon Horgan. The Mayor thanked the Loyalist City Festival delegation for its presentation at this meeting. 8. Residents of Midwood Avenue LaQoon - 800 Bavside Drive Consideration was given to correspondence from residents of Midwood Avenue regarding the Irving lagoon at 800 Bayside Drive, a presentation in this regard having been scheduled for this meeting further to the request of Mrs. Nancy Allen to Council on March 13. Mrs. Nancy Allen addressed Council on behalf of Midwood Avenue residents and, referring to the above correspondence as well as to a brief (which she subsequently filed with the Common Clerk), asked for clarification on whether or not the lagoon is for water treatment or sewerage treatment. Mrs. Allen outlined the residents' concerns and questions with respect to blasting; the change in location of the lagoon from the original proposal; the possibility of the lagoon leaking; the lack of representation at the Planning Advisory Committee by environmental persons from either the City or the Province and the lack of a third meeting promised by the applicant; a decrease in real estate values and sales in the area; the effect of the lagoon on the quality of life and use of property in the area; the odour, fog around and foam from the lagoon; the handling of this matter by the Planning Advisory Committee; the effect on wells of clay excavation and the intended use of the excavated area; toxic waste; on-site management at the lagoon; the life expectancy of the lagoon and the applicant's plans for it when it is no longer needed; the possibility of the Irvings putting up a bond in case the lagoon fails and a disaster occurs; soil testing at the Hazen Creek sewerage treatment plant site; a letter of agreement between the City and the Irvings to protect ten private wells and possible contamination should septic tank systems be disrupted; possibility of effluent from a truck and tank wash going into the lagoon and the contents of these tanks; the working hours and days of operation at the lagoon; and the loss of a treed buffer area between the lagoon and Midwood Avenue. Mrs. Allen asked for a written response from the City to the following questions:- (1) is the Hazen Creek sewerage treatment facility not properly zoned and is it operating without a permit and when will this re-zoning come before the Planning Advisory Committee and Common Council; (2) where will the outfall pipe from the lagoon run, has it been changed again to perhaps run across Likely's Beach, and would a water alternation course permit be needed and, if so, would it be given without any concern about the impact it may have on the area, and was a water course alteration permit issued; (3) at what point was it known that more clay was needed and approved by the Planning Advisory Committee; (4) why two fenced-in properties on Old Black River Road, one residential and one commercial, which now form part of the lagoon application, have not been before Council and the Planning Advisory Committee for re- zoning; (5) how much in taxes has the City lost because of homes purchased recently by the Irvings surrounding the lagoon, and how many more homes are going to be bought before this is over; and asked that the City Solicitor answer the following questions:- (1) is excavation in a residential zone legal; (2) did the Planning Advisory Committee have the authority to approve excavation in a residential zone; (3) is 85-187 COMMON COUNCIL MARCH 27, 1995 harvesting of trees in a residential zone legal; and (4) did the Planning Advisory Committee have the authority to allow the harvesting of trees in a residential zone. Mrs. Allan advised that Midwood Avenue residents want something done about the blasting to their homes, a stop work order on the lagoon and the re-opening of the Environmental Impact Assessment process. Mayor Higgins thanked Mrs. Allen for her presentation, and suggested that the Commissioner of Environment and Infrastructure Services should immediately contact the Provincial Department of the Environment, and the Irving Interests, including Bill Borland, and that Mrs. Allen and two or three other persons to represent those who have concerns should get together to try to obtain the answers to their questions; and asked Mrs. Allen to file her brief with the Common Clerk. During discussion Mrs. Allen advised that an Environmental Impact Assessment was not completed on the lagoon site; and Councillor M. Vincent served notice of his intention, upon completion of this hearing, to move that the City cause a stop work order on the lagoon, that an Environmental Assessment be carried out and that meaningful discussions take place between the City, the Irving Interests and the residents during that process. Councillor Gould suggested that the matter should be tabled until answers are forthcoming to the questions raised; and Councillor Knibb made the observation that the lagoon is a move by the Paper Mill to improve the quality of the water in the Bay, and indicated that, while he would support the request for answers to the questions, he would probably not support the request for an environmental impact assessment if the Provincial Environment Minister does not think one is necessary, and would certainly not support a stop work order. Councillor M. Vincent asked if the Mayor would entertain a motion at this time, to which the Mayor suggested that the City Solicitor should be asked, in relation to the motion on which Councillor M. Vincent served notice, if the City is on proper ground or if it would be necessary to wait for twenty-four hours to find out if the City is or is not. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the parties meet as suggested by the Mayor and that the City take the lead in asking the Irving company if it would voluntarily agree to cease work at the subject site, and that The Honourable Provincial Minister of the Environment be asked to consider and grant the request for an environmental impact assessment: AND FURTHER that, if necessary, the City Solicitor examine the legality of having a stop work order issued on the Irving operation until such time as the environmental impact assessment is carried out. Councillor M. Vincent, in proposing the above motion, clarified that he added the second part in the event the first part of the motion does not work out satisfactorily. The Mayor suggested that he would meet immediately in the morning with Mr. MacKinnon and get the principles together, contact Environment Minister The Honourable Marcelle Mersereau about the request for an environmental impact assessment, and ask the Irvings to voluntarily stop work on the site; and that, if there is no cooperation, the Legal Department would advise on what action the City can take. Councillor Trites advised his intent, given the time, to move a motion at the end of this meeting to adjourn until tomorrow at 4:00 o'clock for Committee of the Whole to finish the day's business; and asked that Council have a report back on the above motion and the opinion of the City Solicitor at that time, which may well give the residents some assurance that this matter will not sit on the table for another week. Councillor Knibb, in urging Council to table the matter until such time as Council has a further report from the Irvings and the Environment Minister, expressed opposition to the above motion on the basis that it implicitly contains two threats, one an environmental impact study, the other of work stoppage, and that, in fairness to the Irvings, Council has not heard the other side. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the above matter be laid 85-188 COMMON COUNCIL MARCH 27, 1995 on the table. Question being taken, the tabling motion was carried with Councillors Gould, Rogers and M. Vincent voting "nay". (Councillor Trites withdrew from the meeting.) Following a brief recess, the Common Council meeting resumed. 9. Mayor's Remarks The Mayor welcomed to the Council Chamber members of the 1 st Ketepec Boy Scout Troop; commented on his meeting earlier this date with representatives of Zenon, who are establishing an office in Saint John and state of the art technology, on a trial basis, at the Millidgeville treatment plant; and proclaimed the week of April 3 as YMCA-YWCA Red Triangle Week in the City of Saint John during which time Mr. Malcolm (Mac) Somerville will be presented the Red Triangle Award. Mayor Higgins advised that the Council-appointed committee on the agenda format, consisting of Councillors M. Vincent, Chase and Coughlan, will commence its assignment on Wednesday, April 5 at 7:00 o'clock p.m. in the Council Chamber to receive input from organizations, groups and individuals on the matter of the Council agenda respecting items for committee of the whole and open session, and the committee's intent to hold such meetings as required, afford input from all persons wishing to appear before it and submit a report to Council for consideration when the assignment is completed; and invited those who wish to appear before the committee to submit their requests to the committee through the Common Clerk's Office. (Councillor Trites re-entered the meeting.) * Added Item On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that a report from the City Manager regarding a proposed Section 39 amendment relative to 40 Broad Street (copies of which were distributed to Council members in Committee of the Whole earlier this date) be added to the agenda of this meeting for consideration as item 20A. Question being taken, the motion was carried. Deputy Mayor McAlary noted the Teddy Bear Fair event at the Saint John Regional Hospital on April 1; and, following Councillor Coughlan's observation that March 31 represents the discount date for the City's water and sewerage invoice payment, Councillor Rogers asked the status of the water agreements with the Irvings to which Mr. Wilson replied that staff hopes to be before Council within two weeks with the final position on all three industrial customers. 9A. Spruce Lake Landfill On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mayor Higgins submitting a letter from The Honourable Marcelle Mersereau, Deputy Premier, Minister of the Environment and Minister responsible for the Status of Women, expressing concern that, should the Spruce Lake landfill reach its maximum height prior to the opening of a Fundy SWAT site, the City of Saint John may have difficulty securing an approved disposal site for its waste, in hopes that the City of Saint John will continue to recognize the need for Fundy SWAT to find, without further delay, an acceptable means of managing the Fundy Region's waste -- be referred to the City Manager for consideration. 85-189 COMMON COUNCIL MARCH 27, 1995 Question being taken, the motion was carried. 10. A Round Table On Economic Issues FacinQ Community Read a report from the City Manager submitting, further to Councillor M. Vincent's February 20 submission to Council of a letter regarding a public meeting to examine the City's goals for delegations to the Federal and Provincial Governments and to the City Manager's March 6 submission of a report on a renewed vision for Saint John, a list of proposed participants for a Round Table On Economic Issues Facing Our Community; outlining a plan of action for Council's consideration; 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, Common Council agree to host a Round Table On Economic Issues Facing Our Community, and that staff be instructed to take the necessary steps to make it happen. The following names were put forth to be added to the proposed list of participants: Peter Klohn, Barry Ogden, Paul Meier, Mark Lee, Jamie Grant, the Fundy Region Development Commission, Trevor Holder or another representative from UNBSJ, the Saint John Construction and Building Trades Council, Xerox and Meditrust. Question being taken, the motion was carried. 11. Deans Hill Development Consideration was given to a report from the City Manager providing, in response to Common Council resolution of March 13, background on the matter of the Deans Hill development following Common Council resolution of July 23, 1990 authorizing the sale of lands known as Site E (LRIS Number 369074) and Site F (LRIS Number 373613) to Thorcor Holdings Ltd., which could be concluded if Deans Hill Company Ltd. meets all terms and conditions set by Common Council, as well as recent information recorded in the Land Registry Office with respect to properties formerly owned by Deans Hill Company Ltd. or Associates which have been taken over by Evangeline Trust Co., the mortgagee, and those scheduled for mortgage sale; commenting on the zoning status of the Deans Hill development site; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Council authorize staff to advise Deans Hill Company Ltd. to complete, within 30 days, the acquisition of lands in compliance with the terms and conditions set by Common Council resolutions of July 23, 1990, July 8, 1991 and August 6, 1991, in order to acquire City-owned Parcels E and F for development on Douglas Avenue and Main Street. Question being taken, the motion was carried. 12. By-Law For Billiard, Pool Rooms And BowlinQ Alleys Read a report from the City Manager advising that the Planning Advisory Committee intends to consider an application to establish a billiard parlour at Lansdowne Place and the proposed hours of operation are in contravention of the By- Law regulating pool halls and bowling alleys, and also that Building and Technical Services has contacted the operators of billiard/pool hall facilities and bowling alleys in the City for the purpose of determining the need for maintaining or repealing the existing By-Law, and each owner/operator contacted indicated that he/she was 85-190 COMMON COUNCIL MARCH 27, 1995 unaware that the City had a By-Law regulating pool halls and bowling alleys; also advising that the Legal Department has indicated that the prohibitions in the By-Law against opening on Sunday may be in conflict with the Days of Rest Act and a court would likely find the prohibitions with respect to age to be contrary to the equality provisions of the Canadian Charter of Rights and Freedoms and, therefore, beyond the power given to municipalities; expressing the view that there is no reason why the City should be regulating the hours of business for bowling alleys and billiard/pool rooms; and recommending that the By-Law regulating billiard/pool halls and bowling alleys be repealed by enacting the submitted By-Law. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John". 13. Panel On Municipal Collective BarQaininQ Read a report from the City Manager submitting a copy of "Municipal Collective Bargaining - Report and Recommendations" prepared by a Panel on Municipal Collective Bargaining, headed by Mr. Raymond Campbell, following the Province's initiation, at the urging of the Cities of New Brunswick Association, of a process to review municipal collective bargaining in New Brunswick; noting the major issues addressed in the report - legislation, essential services, arbitration and labour management relations, as well as the recommendations; and submitting a recommendation for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the following resolution be adopted and passed on to the Minister of Advanced Education and Labour, the Minister of Municipalities, Culture and Housing, and the Cities of New Brunswick Association: "WHEREAS the City of Saint John has the fundamental obligation of protecting the public interest and a responsibility to provide public services to the community at a reasonable cost; AND WHEREAS many of those services are essential to our citizens; AND WHEREAS the City of Saint John has long been committed to building a balanced and mutually respectful system of municipal collective bargaining: BE IT RESOLVED that the City of Saint John encourages the Department of 85-191 COMMON COUNCIL MARCH 27, 1995 Advanced Education and Labour, the Department of Municipalities, Culture and Housing, and the Cities of New Brunswick Association to take the necessary steps to improve the system of municipal collective bargaining in New Brunswick, and that the Report and Recommendations of Raymond P. Campbell (January 31, 1995) provide the basis from which to commence discussions towards achieving real and innovative solutions to areas of major concern.". Question being taken, the motion was carried. 14. Grievance HearinQs Council Level On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager responding to the question of grievance hearings at the Council level being held in open session by commenting on the purpose of and the Council step in the grievance procedure and putting forth suggestions for Council grievance hearings; summarizing the views of the civic unions as indicated in their submitted written comments; and advising that staff does not believe that the best interests of either the institution of Common Councilor the dispute resolution procedure would be well served by moving this aspect of contract administration into the public forum and, while every effort should be made to enhance the administration of grievances and the quick resolution of collective hearing disputes, moving hearings at the Council level from Committee of the Whole to open session is not recommended -- be received and filed. Question being taken, the motion was carried. 15. Tender For Contract 95-5 Lead Services Renewal On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 95-5, lead services renewal, be awarded to Paul & Bruce Martin Ltd., at the tendered price of $632,090, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16. Street Closing By-Law Amendment Portion Of Bayside Drive Read a report from the City Manager referring to an agreement with Irving Oil Limited and the Saint John Shipbuilding and Dry Dock Co. Ltd. to exchange lands in connection with the expansion of the Dry Dock, the widening and relocation of Bayside Drive and the widening of the Courtenay Bay Causeway, with one of the parcels to be conveyed to the Irvings being the portion of Bayside Drive which was intended to be replaced by the diverted street; explaining why the portion of Bayside Drive upon which the former Royal Hotel Ltd. property fronted and a stretch of the street to the south thereof retains the status of a public street, and that the Irving interests are now requesting that street closing procedures begin with respect to a portion of the unclosed segment of Bayside Drive, as shown on the submitted sketch; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Common Clerk be authorized to commence the advertising necessary to consider a by-law to stop up and close the full width of that portion of Bayside Drive being approximately ninety-one (91) metres in length running in a 85-192 COMMON COUNCIL MARCH 27, 1995 southeasterly direction from the southern termination of that portion of the former Bayside Drive closed by by-law given third reading on the first day of December, 1980, the portion to be considered for closing comprising an area of eighteen hundred and forty-eight square metres and identified as Parcel B on a survey plan entitled "Plan of Property Bayside Drive" dated February 28, 1995, prepared by Murdoch Lingley Limited and surveyed by Carl Laubman, N.B.L.S. Question being taken, the motion was carried. 17. Renewal Of Lease - CNR Radio Site. Spruce Lake HiQhwav On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the lease of approximately 1,916 square feet of land located at Spruce Lake to CN R be renewed for a term of ten years commencing January 1, 1995, and further that the renewal agreement provide for: (a) an annual rent of $30 plus applicable taxes; (b) the total rent payable for the ten-year term to be paid in advance; (c) CNR may terminate the lease with 60 days notice with no return of any part of the rent paid for the ten-year term; (d) the City may terminate the lease with one years notice with no right of recovery of expenses incurred, other than unearned rent, by CNR as a result of said termination by the City; and (e) a further renewal of the lease to be as mutually agreed by both parties. Question being taken, the motion was carried. 18. Municipal Plan Amendment And Re-ZoninQ 327 Charlotte Street Consideration was given to a report from the City Manager referring to the January 16, 1995 public presentation of a proposed Municipal Plan amendment with respect to 327 Charlotte Street for Mr. Willard Trites, and Common Council resolution of February 20, 1995 referring the matter to the Planning Advisory Committee for a report and recommendation and authorizing the necessary advertising in this regard; explaining that the advertising in the local newspaper for the public presentation was incorrect as the application was to amend the Plan to District Centre Commercial and re-zone the property to "B-2" District Centre Commercial classification, not to amend the Plan and Zoning By-Law to an Industrial classification and zone, and the application also proposed to amend Section 520(2)(h) of the Zoning By-Law to permit a bottle exchange at this location, which was not included; also advising that, on the advice of the Legal Department, the applicant has been notified of the error and has recently made a new application to Council and indicated that the resulting time delay in considering the application is acceptable to him and a new advertisement for a public presentation has been prepared and will occur on April 24, 1995; and recommending that this report be received and filed and the public hearing scheduled for April 10, 1995 be cancelled. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the above report be received and filed and the public hearing scheduled for April 10, 1995 for a proposed Municipal Plan amendment and re-zoning with regard to 327 Charlotte Street be cancelled. Question being taken, the motion was carried. 19. Progress Payments Contracts 94-5.94-6.94-14.94-13.94-12 On motion of Councillor Knibb 85-193 COMMON COUNCIL MARCH 27, 1995 Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 94-5, Molson Avenue Water and Sewer Renewal Dean Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 7, 1995 Partial holdback release $118,965.00 115,765.38 12,000.00 81,714.75 22,050.63 1,442.56 $ 22,050.63 2. Contract 94-6, Duke and Queen Streets Water and Sewer Renewal Fairville Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 10, 1995 Final holdback release $257,480.00 239,121.79 Nil 190,107.17 49,014.62 3,206.56 $ 49,014.62 3. Contract 94-14, Milford Road Water and Sewer Construction Dean Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated March 13, 1995 Partial holdback release $395,461.00 339,311.20 6,492.00 305,575.85 27,243.35 1,782.28 $ 27,243.35 4. Contract 94-13, Stanley Street RetaininQ Wall Construction Northern Marine Services Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number2, dated March 21,1995 Final holdback release $ 43,438.00 37,181.10 Nil 31,603.93 5,577.17 364.86 $ 5,577.17 5. Contract 94-12 CrackfillinQ 1994 Pavecare Industries Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Nil 11,617.95 $ 15,080.00 13,668.18 85-194 COMMON COUNCIL MARCH 27, 1995 Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number2, dated March 21,1995 Final holdback release. 2,050.23 134.13 $ 2,050.23 Question being taken, the motion was carried. 20. Realty World-Canada - News Release Consideration was given to a report from the City Manager analyzing comments by Realty World-Canada in its news release concerning a national property tax study, as requested by Council on March 13. 28. Realty World - Today's Realty Tax Assessments Consideration was also given to a letter from Mr. Hodges Hamm of Realty World - Today's Realty referring to comments at Council's last meeting with respect to his letter to Council on tax assessments, and apologizing for the statement regarding the possibility of Council and the Province negotiating the tax assessment. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the City Manager with regard to a Realty World-Canada news release on property taxes, and the above letter from Mr. Hodges Hamm of Realty World - Today's Realty -- be received and filed and Mr. Hamm be thanked for his letter. Question being taken, the motion was carried. *20A. Amendment To Section 39 Conditions Of Re-ZoninQ Of 40 Broad Street Read a report from the City Manager advising that, while the 1988 re- zoning of 40 Broad Street included Section 39 conditions to respond to the proposal submitted at that time, the development proposal now being considered, as submitted, is similar to the proposal but requires an amendment to one of the Section 39 conditions as the 1988 proposal had the truck loading area access from Broadview Avenue and it is now proposed to provide both truck and customer access from Charlotte Street; explaining that the applicant's schedule, and the schedule of public hearing dates available before the municipal election has resulted in this report being prepared requesting that a public hearing date be set for May 2 and the proposed amendment referred to the Planning Advisory Committee for a report and recommendation, so as to facilitate this significant undertaking within present schedules; and recommending a date for a public hearing and referral to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that a proposed amendment to the Section 39 conditions related to the re-zoning of 40 Broad Street to delete the limitation of only one entrance on Charlotte Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 1, 1995. Question being taken, the motion was carried. 21. Committee of the Whole Report Read report of the Committee of the Whole (as follows 85-195 COMMON COUNCIL MARCH 27, 1995 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 6, 1995, when there were present Deputy Mayor McAlary and Councillors Chase, Gould, Knibb, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council, consistent with the Workforce Adjustment Strategy introduced in 1994: (a) approve Human Resources Policy #130 (POL) "Workforce Adjustment - An Abolition of Position/Voluntary Retirement Option", as submitted; and (b) authorize the Mayor and Common Clerk to execute documents related to the voluntary retirements of employees under this Program. March 27, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21. HR POL #130 - Workforce Adjustment - An Abolition Of PositionNoluntarv Retirement 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. 22. 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 20, 1995, 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 recommendation, namely:- 1. That as recommended by the City Manager, Common Council authorize: (1) the sale and transfer of title of approximately 6,000 square feet of land on the west side of Raynes Avenue, identified as Parcel 2 on the submitted plan, to TDL Group Ltd. for the agreed-upon price of $1.00 per square foot, plus taxes, and title to approximately 54 square feet of TDL Group Ltd. property located on the west side of the TDL property subject to the following: (a) the property is sold as is with the City retaining no responsibility as to its condition; (b) each party to pay all cost associated with the transfer of its respective properties to the other party; and (c) the City and TDL Group Ltd. enter into an agreement wherein the parties to the agreement agree not to claim damages from each other with respect to any contamination which presently exists on each other's properties; and (2) authorize the advertisement of Council's intention to close approximately 6,000 square feet of Raynes Avenue, identified as Parcel 2 on the submitted plan, with the understanding that the agreement to exchange 85-196 COMMON COUNCIL MARCH 27, 1995 lands neither implicitly or explicitly obligates the City to complete the street closing. March 27, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 22.500 Raynes Avenue On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. (The Mayor withdrew from the meeting as he was not present for the March 13 public hearings with respect to a proposed Municipal Plan amendment and re-zoning of 1721 Grandview Avenue, a proposed Zoning By-Law text amendment relative to 51 Carleton Street, and the proposed re-zoning of 1032 Hillcrest Road, whereupon Deputy Mayor McAlary assumed the chair.) 23. Municipal Plan Amendment And Re-ZoninQ 1721 Grandview Avenue Consideration was given to a report from the Planning Advisory Committee regarding the application of Robert and Constance Crowe for a Municipal Plan amendment and re-zoning of 1721 Grandview Avenue, which was tabled by Council at the March 13 public hearing with no readings given pending the Committee's recommendation; advising that the Committee, having considered the presentations at its March 21 meeting, concluded that approval of the application for a portion of the site, as indicated on the submitted zoning sketch, could be recommended with specific conditions on the use; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to Light Industrial classification, the western half of the property located at 1721 Grandview Avenue, also identified as portions of NBGIC Numbers 335109 and 55021703; and (2) re-zone the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions:- (a) the use of the property is limited to a used car sales lot and an autobody and repair shop; (b) no expansion to the garage is permitted; (c) no outdoor storage of equipment or materials and no derelict vehicles are to be kept on the property; and (d) no painting of vehicles is permitted after 8:00 p.m. On motion of Councillor Knibb Seconded by Councillor Trites 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 western half of the property located at 1721 Grandview Avenue, being portions of NBGIC Numbers 335109 and 55021703, from Low Density Residential to Light Industrial 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 Councillor M. Vincent 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 western half of the property located at 1721 Grandview Avenue, being portions of NBGIC Numbers 335109 and 55021703, from Low Density 85-197 COMMON COUNCIL MARCH 27, 1995 Residential to Light Industrial 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 M. 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 western half of the property located at 1721 Grandview Avenue, being portions of NBGIC Numbers 335109 and 55021703, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial 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 Councillor M. 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 western half of the property located at 1721 Grandview Avenue, being portions of NBGIC Numbers 335109 and 55021703, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial 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 M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 24. Zoning By-Law Text Amendment 51 Carleton Street - Vesting WideninQ Of Station Street Read a report from the Planning Advisory Committee regarding the proposed Zoning By-Law text amendment with respect to 51 Carleton Street, which was tabled by Council at the March 13 public hearing with first and second readings given; recommending that Common Council (1) amend Section 520 of the City of Saint John Zoning By-Law by inserting the following immediately after sub-clause 520(2)(c)(ii): "(iii) notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC Numbers 39941, 37713, 37721, 38430 and 55088900)"; and (2) assent to the submitted subdivision plan with respect to vesting of the proposed widening of Station Street, together with any required municipal services easements and utility easements. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- 85-198 COMMON COUNCIL MARCH 27, 1995 Law Number C.P. 100-368 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns amending Section 520 of the City of Saint John Zoning By-Law by inserting the following immediately after sub-clause 520(2)(c)(ii): "(iii) notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC Numbers 39941,37713,37721,38430 and 55088900)", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-368 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. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan with respect to vesting of the proposed widening of Station Street, together with any required municipal services easements and utility easements. Question being taken, the motion was carried. 25. Zoning By-Law Amendment To Re-Zone 1032 Hillcrest Road, Subdivision Assent. Land For Public Purposes Consideration was given to a report from the Planning Advisory Committee regarding the application of Hughes Surveys & Consultants Ltd. for the re- zoning of 1032 Hillcrest Road, which was tabled by Council at the March 13 public hearing with no readings given; advising of the Committee's adoption at its March 21 meeting of the recommendation in the submitted Planning staff report, and that subdivision approval of Lots 95-1 to 95-3 along Hillcrest Road are being developed under the existing suburban zoning and therefore can be considered at the same time as the re-zoning request, with another recommendation pertaining to the subdivision assent for Phase 2 and Future Development expected in the near future; recommending that Common Council (1) re-zone approximately 12 acres of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RS-1" One- and Two-Family Suburban Residential to "RR" One-Family Rural Residential classification, shown as Future Development on the submitted photo-reduced subdivision plan; (2) assent to only Lots 95-1, 95-2 and 95-3 along Hillcrest Road, as well as to any necessary municipal services and public utility easements on these lots; and (3) accept cash-in-lieu for the required land for public purposes dedication for Lots 95-2 and 95-3 on Hillcrest Road. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 12 acres of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RS-1" One- and Two-Family Suburban Residential to "RR" One- Family Rural Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 12 acres of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RS-1" One- and Two-Family Suburban Residential to "RR" One- 85-199 COMMON COUNCIL MARCH 27, 1995 Family Rural Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to only Lots 95-1, 95-2 and 95- 3 along Hillcrest Road, as well as to any necessary municipal services and public utility easements on these lots; and that cash-in-lieu be accepted for the required land for public purposes dedication for Lots 95-2 and 95-3 on Hillcrest Road. Question being taken, the motion was carried. 26. Street Assent Churchill Boulevard Extension - 498 Somerset Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed Churchill Boulevard extension as shown on the submitted photo-reduced subdivision plan. Question being taken, the motion was carried. 27. Subdivision Assent, Land For Public Purposes 595 Hillcrest Road On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan and any necessary municipal services and public utility easements with regard to 595 Hillcrest Road; and (2) cash-in-lieu be accepted for the required land for public purposes dedication. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole at 4:00 o'clock p.m. on Tuesday, March 28, 1995. Question being taken, the motion was carried. Common Clerk