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1996-06-17_Minutes 85-874 COMMON COUNCIL JUNE 17, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of June, AD. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; D. Sherwood, Chief of Police; G. Tait, Fire Chief; P. VanWart, Police Sergeant; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order; and, having advised Council's intent to recess at approximately 6:15 o'clock p.m. and reconvene at 7:00 o'clock p.m. for the public hearings, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on June 3, 1996, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks The Mayor advised that she would have remarks during the 7:00 o'clock p.m. portion of this meeting. City Parks employees were commended for the appearance of the Uptown area; and an expression of sympathy was extended to the family of the late Mr. Willard Merritt who passed away on June 8. 4. 50th Anniversary Of Atlantic Association Of Broadcasters On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by Deputy Mayor Chase, the submitted letter from the Atlantic Association of Broadcasters concerning its 50th Anniversary in September, requesting that the City sponsor one of the events in its entirety or share the sponsorship with another organization, be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. 5. Committee For Year 2000 Celebration Read a letter from Councillor Vincent regarding the formation of a committee for the year 2000 celebration to undertake the assignment of planning for the commemorative year 2000, reporting to Council on a regular basis and receiving Council's input from time to time, and offering to chair such a committee. 85-875 COMMON COUNCIL JUNE 17, 1996 Councillor Vincent expressed the understanding, based on his conversation with the Mayor prior to the start of this meeting, that the Mayor has approached some outside agencies in an effort to obtain names of persons for such a committee; and requested that the matter should be tabled at this time so that the Mayor's suggestion can be pursued. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 6. Workforce Adjustment - Abolition Of Position Consideration was given to a report from the City Manager noting that three positions have been eliminated to date under the Workforce Adjustment - An Abolition of Position/Voluntary Retirement Option and two more have already been approved to go effective June 28, 1996; and recommending the abolishment from the Establishment of a further eleven positions, with which department heads concur, albeit in some cases rather reluctantly, and, in the case of unionized positions, have been discussed with Local 486. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve that: (a) the following positions be formally abolished from the Establishment, effective June 28, 1996: lnstrumentman III, Traffic Engineer, Senior Project Engineer, Project Engineer, Drafting Supervisor, Costing Clerk, Park Planning Technician, Tenant Relations Supervisor, Secretary III, Accounting Clerk II and Superintendent; and (b) the Establishment of permanent positions be reduced from 722 to 710, as of that date. The Mayor noted that Council members were provided with an updated report from the City Manager from that included in their Council kits recommending reduction of eleven, rather than ten, positions; and questioned the Establishment number in the Legal Department to which Mr. Totten replied that, while the above recommendation deals with the abolishment of positions now occupied by individuals, a report should be forthcoming to Council at its next meeting on a number of Establishment changes. Question being taken, the motion was carried. 7. Tender For Contract 96-2 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 96-2, Western Beaches Collector System - Phase II, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,184,395, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 85-876 COMMON COUNCIL JUNE 17, 1996 8. Tender For Contract 96-10 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 96-10, Union Street sewer pipe lining, be awarded to the low tenderer, lnsituform Canada Limited, at the tendered price of $58,974, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 9. 1997 Canadian Association Of Fire Chiefs' Conference On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager submitting a copy of the City Manager's previous report with respect to the 1997 Canadian Association of Fire Chiefs' Conference which Council referred on May 13 to determine if the Fire Chief had the authority to enter into an agreement with the Association; and advising that it has been determined that a formal contract is not necessary and the submitted letter of understanding is acceptable and also that, although the City of Saint John will not be requested to provide any financial assistance, the Host Fire Department usually provides in-kind support to the Conference -- be received and filed. Question being taken, the motion was carried. 10. Gravel Pits On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager updating Council on the status of excavation permits for gravel pits in 1996 to date -- be received and filed. Question being taken, the motion was carried. 11. Lease Of Air Space Above Rear Of 13 Chipman Hill Consideration was given to a report from the City Manager seeking Council's approval to allow Ms. Susan Fullerton to construct a rear exit structure at the back of 13 Chipman Hill, which will overhang 4 feet above City-owned land. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the lease of a 4-foot wide air space over City-owned land at the rear of 13 Chipman Hill (NBGIC Number 55012736) to Susan Fullerton, to facilitate construction of an exit at the rear of 13 Chipman Hill with the following conditions:- (1) the lease shall be for a period of 20 years at an annual rent of $100 per year; (2) the stairwell/ landing will have a minimum 8-foot clearance from the paved surface of City-owned land to the underside of the structure; (3) should the City or future owners of City-owned land need this air space for development, the lease can be terminated with a notice of 120 days without any compensation or relocation cost and, if the City chooses to exercise this termination option, the lessee would be required to construct an alternate exit from this building, and the City would work with the lessee on any alternate proposal; (4) the lessee will carry adequate liability insurance to protect the City, and the lessee will be responsible to construct and 85-877 COMMON COUNCIL JUNE 17, 1996 maintain the structure and all claims for damages or injury by use and operation of the structure over leased land; and (5) all plans be prepared by a professional engineer subject to the approval of the Building Inspector. (Rescinded September 30, 1996 Bk. 86 Pg. 91 ) Question being taken, the motion was carried. 12. 35 Frederick Street Consideration was given to a report from the City Manager citing Common Council resolution of March 8, 1960 regarding Lot 20, Block 33, Frederick Street in that, while it indicates that this lot is never to be sold and the reason for same, Shermdon Investments has requested to purchase the subject property and the Legal Department has advised that the City can retain the rights it needs on the property by a reservation in the deed and with a plan of easement; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of March 8, 1960 stating the property at 35 Frederick Street is "never to be sold" be rescinded, and Common Council approve the sale of the 35 Frederick Street property (NBGIC Number 19562) to Shermdon Investments for the sum of $5,000 plus GST and the cost of preparing a plan of survey, subject to the retaining of an easement over that portion of the water transmission line crossing the 35 Frederick Street and adjoining property (NBGIC Number 19497). Question being taken, the motion was carried. 13. Acquisition Of Property Off Cromwell Drive Read a report from the City Manager advising of the offer by the Province of New Brunswick for the City to purchase a 3.5-acre parcel of land located off Cromwell Drive in the defunct Grandview Subdivision, which consists primarily of a water course which cuts through the subdivision; and recommending acquisition of this property. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition from the Province of New Brunswick of the property identified as NBGIC Number 55004147, located off Cromwell Drive, for the sum of $200 plus applicable taxes. Question being taken, the motion was carried. 14. M-5 Design For Visitor Billboards & Transport Canada Airport SiQn Consideration was given to a report from the City Manager submitting the proposed design prepared by M-5 for use on the five billboard locations - Highway #1 East and West, Highway #7, the Saint John Airport and the Marine Atlantic terminal, as well as a proposed license renewing Transport Canada's permission for the City to maintain a sign at the Saint John Airport. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the design prepared by M-5, as submitted, for use on the following five billboard locations, Highway #1 East and West, Highway #7, the Saint John Airport and the Marine Atlantic terminal: 85-878 COMMON COUNCIL JUNE 17, 1996 AND FURTHER that Common Council authorize the Mayor and Common Clerk to execute the submitted licence with Transport Canada to maintain a sign at the Saint John Airport. Mayor McAlary noted that the design for the highway welcome sign features a person in Loyalist costume, rather than the Loyalist Man symbol normally depicted; and suggested that this more modern image might not be acceptable to the community in view of the popularity of the design used for the Loyalist Man pin and other signage featuring the Loyalist Man symbol; and Councillor Knibb expressed the understanding that consideration was to be given to including a Loyalist woman symbol. Mr. Butler made the observation that the intent of the image presented is consistent with the image that currently exists in the new designed Visitor Guide and also with the image appearing in the current television ad; and assured Council that his information is that the costume in question is a true representation of a Loyalist costume as it is the uniform of an officer in the British Artillery. Councillor Fitzpatrick suggested that Council should consider this matter further and, in the interim, a couple of the current Loyalist Man signs should be erected. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for a further report to Council. Question being taken, the referral motion was carried. 15. Agreement With Kids First Childcare Centre Ltd. For After School Program MillidQeville Community Centre On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the City of Saint John enter into an agreement with Kids First Childcare Centre Ltd., based on the terms of agreement included in the City Manager's submitted report dated June 17, 1996, for the operation of an After School Program at the Millidgeville Community Centre, from August 26, 1996 to June 13, 1997, and the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 16. Municipal Plan Amendment And Re-ZoninQ 459 & 460 Ashburn Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Alpine Motors/M. Kueppers, concerning property at 459 and 460 Ashburn Road, have been completed, and the date for objections expired on June 5 and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Alpine Motors/M. Kueppers for a Municipal Plan amendment and re-zoning of property at 459 and 460 Ashburn Road, be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 29, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 85-879 COMMON COUNCIL JUNE 17, 1996 17(a) Municipal Plan Amendment And (b) Re-ZoninQ 1060 ManawaQonish Road 17{a) On motion of Councillor Knibb Seconded by Councillor Waldschutz 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 property at 1060 Manawagonish Road (NBGIC Number 55107205), located at the intersection of Manawagonish Road and Manchester Avenue and having a lot area of approximately 1,379 square metres, from Major Institutional to District Centre Commercial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 17{b) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-408 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property at 1060 Manawagonish Road (NBGIC Number 55107205), located at the intersection of Manawagonish Road and Manchester Avenue and having a lot area of approximately 1,379 square metres, from "R-1A" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) all parking 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; (b) adequate site drainage facilities must be provided to the satisfaction of the Engineering Department; (c) all areas of the site which are not occupied by buildings, driveways, walkways and parking areas must be landscaped; (d) 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 and treatment of all buildings, parking areas, driveways, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the site plan is approved, such site plan to be attached to the building permit for the development; (e) all site improvements indicated on the site plan must be completed within one year of building permit approval; and (f) the development must not include a convenience store, fast food restaurant or video arcade. The by-law entitled, "By-Law Number C.P. 100-408 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. The Mayor asked if, prior to considering item 18, Council wished to consider the letter from the Saint John Policemen's Protective Association received by Council on this date (copies of which were distributed at this meeting). 85-880 COMMON COUNCIL JUNE 17, 1996 * Added Item On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., dated June 17, 1996, be added to the agenda for consideration at this time. Question being taken, the motion was carried with Councillor Trites voting "nay". *Local No. 61, C.U.P.E. Re Michael Horgan Grievance And Amendment To Collective AQreement Consideration was given to the above-mentioned letter from Local No. 61, C.U.P.E., proposing, further to its earlier correspondence with regard to the Michael Horgan grievance on the Canine Unit and with reference to Judge McLellan's decision concerning the final level of the grievance process, that the Horgan grievance be reheard in open session of Council, notwithstanding the fact that Local No. 61 does not agree with the decision, and that, upon resolve of the Horgan grievance by decision in open session of Council, Local No. 61 is prepared to amend the collective agreement to state that final level of grievances are resolved by Committee of the Whole of Common Council so as to allow the longstanding practice to continue. In response to the Mayor's request for the City Solicitor's comments, Mr. Nugent highlighted the above letter, noting the Union's position that the decision produced by Mr. Justice McLellan operates to oblige the City to hold an open session hearing of the Constable Horgan grievance and its rationale that, regardless of any agreement that might be between the City and C.U.P.E. Local 61 with respect to the disposition of the final step of grievances and matters other than the Constable Horgan grievance, the Horgan grievance should be dealt with in open session, and the Union's proposal that, upon resolution of the Horgan grievance by decision in open session, the Union would be prepared to amend the collective agreement as indicated, such course of action making an appeal of Mr. Justice McLellan's decision unnecessary. Councillor Arthurs, referring to item 18 on the agenda of this meeting, suggested that Council, prior to committing itself to the next stage of the process, should be provided answers to questions by the City Manager, such as on what grounds an appeal would be launched, why Constable Donovan was not available at the grievance to answer questions and why she was not advised by Police management who appointed her or by her Union which represents her that a grievance hearing was being held which could affect her position, and what job description and job qualifications were posted in respect to the position in the Canine Unit and if there was, for instance, any special reference to previous training or length of service which could or should lead potential applicants to weigh their credentials for the job being posted; and also suggested that the question of hearing the grievance in question becomes moot before Council has decided whether or not to appeal the decision and until Council has the answers to the questions raised. Councillor Knibb asked if the Union's proposal would, in effect, be a quicker and more effective way of dealing with the matter rather than appealing; in other words, the City would get agreement with not only Local No. 61 but with all civic unions that, by definition, the third level of a grievance means Council meeting in Committee of the Whole, and proceed with the Horgan grievance in open session of Council; to which Mr. Nugent replied that the process involved in obtaining a decision from the Court of Appeal would be one that would very likely not be completed until sometime during the fall, while the process of amending the collective agreement as alluded to in the above letter from Local 61 would potentially take a good deal less time than that, thus on the timing alone, it would be quicker to amend the collective agreement and also that the hearing of the Constable Horgan grievance could be disposed of prior to the fall; and, as to whether or not it would be more effective, indicated that, the appeal would be not of the merits of 85-881 COMMON COUNCIL JUNE 17, 1996 the decision made by Council in Committee of the Whole but rather deal only with the issue of whether or not Committee of the Whole of Common Council could legitimately and effectively dispose of Constable Horgan's grievance at the final step of the grievance procedure. Mr. Nugent, having advised that he is less able to respond to the question of effectiveness as definitively as with respect to the timing, explained that, if an amendment were made to the collective agreement that explicitly states that the final step of the grievance procedure under the collective agreement between the City and C.U.P.E. Local 61 is the Committee of the Whole of Common Council and if that agreement were made prior to an appeal being heard and disposed of, the single achievement that a successful appeal would bring about would be that Common Council would not have to hear the Horgan grievance again, and it would not have any bearing upon other grievances brought under the Local 61 contract. On the question of hearing the Constable Horgan grievance in open session, Mr. Nugent suggested, if Council were prepared to accept what he understands to be a proposal made by C.U.P.E. Local 61 in the above level, which necessarily involves an open session hearing of the Constable Horgan grievance, the timing of that should be as soon as reasonably possible, bearing in mind that he does not believe there is any reasonable prospect of that being held on this date. Councillor Trites spoke in support of proceeding with the appeal on the basis that grievances should not be held in public session as, while the grievance in question deals with an interpretation of rules and regulations, a lot of other grievances deal with issues that are very personal in nature and could be very embarrassing to people; and also that Council should not decide that, in this one case, it is expeditious to deal with it in public and subsequently hear other grievances in Committee of the Whole; and suggested that Mr. Justice McLellan's decision could affect grievances of the other civic unions and in other municipalities. Councillor Fitzpatrick expressed the view that Council should appeal Mr. Justice McLellan's decision to determine if the practice followed by Council for many years is legal, and also must determine how to proceed with grievances in the interim; and asked if an amendment to the collective agreement to hear grievances in Committee of the Whole could affect the outcome of an appeal, to which Mr. Nugent suggested that, as the question deals with the position of the City with respect to possible litigation and this subject has historically been one dealt with in Legal Session so that the solicitor- client privilege is maintained, Council should consider carefully departing from what has been the practice of dealing with matters of potential litigation in Legal Session. Councillor Vincent addressed the matter of issues appropriate for open and closed session of Council based on his chairmanship of the Council committee to review the agenda format which determined that issues involving land, labour and legal matters should be held in closed session, and his concern about the effect of Mr. Justice McLellan's decision on other grievances heard by Council. 18. Appeal Of Decision On Tanya Donovan Application Read a letter from the Common Clerk submitting a Legal Session resolution of June 13, 1996 on the appeal of the Tanya Donovan Application. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the City Solicitor or his designate be authorized to appeal the Decision of Mr. Justice H. H. McLellan, dated May 31, 1996, in the matter of Tanya Donovan - Applicant, the City of Saint John - Respondent, and C.U.P.E. Local 61 - Intervenor. Councillor Gould asked if the implications of the Judge's decision could be by-passed by amending the collective agreement; in other words, could the collective agreement take precedence over the Judge's interpretation of the Municipalities Act in that, in his opinion, the decision did nothing more than interpret the Act as it pertains to the conduct of public business; commented on the difficulty of going into detail on this item because it is before the courts and, as a Councillor, being restricted on what he should and should not say; and, in asking how Council could separate the matter of the promotional competition and the matter of the need to conduct Committee of the Whole grievances in open session, advised that he would not support the above motion as to do so would be to involve Council in the competition that was held to fill the vacant position in the Canine Unit. 85-882 COMMON COUNCIL JUNE 17, 1996 Question being taken, the motion was carried with Councillor Gould voting "nay". *Local 61 Letter On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., dated June 17, 1996, putting forth a proposal, further to its earlier correspondence, with regard to the Michael Horgan grievance on the Canine Unit and with reference to Judge McLellan's decision - - be received and filed. Question being taken, the motion was carried. The Mayor suggested that item 47 on the Committee of the Whole agenda of this date, being a letter from Local No. 61, C.U.P.E., for an appearance regarding the M. Horgan grievance on the position in the Canine Unit, should be considered at this time. *47. Local 61's Request For Michael Horgan Grievance To Be Heard In Open Session On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., dated June 11, 1996, requesting to appear before Common Council in open session to deal with the grievance submitted by Michael Horgan on the position in the Canine Unit, based on the decision of Mr. Justice McLellan on May 31, 1996 -- be added to the agenda of this meeting and received and filed. Question being taken, the motion was carried. 19. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, June 10, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That John L. Nugent be appointed City Solicitor for the City of Saint John at a salary of Level 1, Grade 9. 2. That Council approve the proposal of Lee-Livingston Concerts Inc. for a Mardi Gras in conjunction with Loyalist Days, to be held the evenings of Wednesday, July 10 to Saturday, July 13, 1996 in the area of Prince William and Water Streets, subject to satisfactory arrangements being made between the promoters and appropriate City staff, including the City Manager, the Fire Chief and the Police Chief. June 17, 1996 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 85-883 COMMON COUNCIL JUNE 17, 1996 19.1. Appointment Of City Solicitor On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. Congratulations were extended to Mr. Nugent on his appointment as City Solicitor. (Councillor Fitzpatrick withdrew from the meeting.) 19.2. Mardi Gras DurinQ Loyalist Days On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. The Mayor noted that Council had been provided with a revised copy of the June 13, 1996 Committee of the Whole report including dates and the area in question. Mr. Totten apprised Council of a meeting of City staff with Mr. Lee on June 14 and his satisfaction with respect to security, the availability of adequate fire protection, the issues of insurance and street cleaning, and that the event can be accommodated with Council's approval; advised that are two or three issues that the organizers still have to resolve relating to the location of a ferris wheel on a parking lot and the admission to a public street; and noted the need for Council to obtain a sense of the state of Prince William Street and, as with any other street in the community, how close this event could be to going over the edge and putting this street somewhat into jeopardy, as well as his opinion that a three-day event by itself would not do so. (Councillor Fitzpatrick re-entered the meeting.) Councillor Arthurs advised her intent to vote against the above motion based on an indication by some of the merchants that they would leave Prince William Street; and Councillor Waldschutz spoke against the event being held in the area proposed, noting the City's promotion of the Prince William Street Walk and the business mix on this Street on the basis that the Mardi Gras would tip the scale too far in favour of the bar scene; suggested that the Mardi Gras should be held in the Loyalist Plaza and Market Square boardwalk area; and expressed concern about noise, crowd control, liquor, vandalism, the possibility of Police overtime costs to accommodate the area in question along with the other regular requirements, and charging admission to a street which is not legally closed. Councillor Brown expressed concern about closing off two main streets in the City Centre as they are heavily travelled by tractor-trailers and other vehicles to access East and West Saint John, and this would also take business away from the area in question; and suggested that Council's approval should have been obtained prior to the event being organized. Chief Sherwood responded to questions on the matter of security through the possible reassignment of police officers, the promoter providing event staff or security, the issue of a cost sharing formula to hire overtime officers, and the involvement of the Loyalist City Radio Club and the Police- Fire Salvage Corps; and Chief Tait advised that, with respect to his concern about the Fire Department's ability to respond to any type of incident in the subject area during the festival, he is satisfied that the Fire Department will be able to gain access to the subject area if necessary as Mr. Lee is agreeable to abide by his recommendations and to all the terms laid out. Councillor Gould questioned the involvement of Loyalist Days 85-884 COMMON COUNCIL JUNE 17, 1996 Inc. in this event; and suggested that, as it is his feeling that merchants in the Uptown area are having an extremely difficult time to survive, the City should not be adding to their problem and, if the event is to be held, it should be in an area other than Prince William Street. On the question of charging admission to the area, Mr. Nugent expressed the opinion that, as long as the portions of Water, Prince William, Duke and Princess Street in question remain public streets, there is no authority to charge the public for admission to them; and Mr. Totten advised that, having discussed with Mr. Lee the concern about a $3 charge and having asked Mr. Lee to find an alternative to that method of admission, he has not yet heard back from Mr. Lee. The Mayor advised that, having spoken with Mr. Lee earlier this date, he indicated that he felt he had to charge a fee and was willing to give $1 of the $3 fee to Romero House and use the remaining $2 to help in the cost of the bands. Moved in amendment by Councillor Waldschutz Seconded by Councillor Gould RESOLVED that the above motion be amended so that there is no $3 charge. Question being taken, the amendment to the motion was carried with Councillors Ball, Chase, Fitzpatrick, Knibb and Trites voting "nay". Councillor Trites, on a point of order, asked for a ruling from the City Solicitor, in that the Mayor voted for the amendment, on whether or not the amendment changes the total intent of the motion in that the motion is subject to satisfactory arrangements being made between the promoters and appropriate City staff, including the City Manager, the Fire Chief and the Police Chief; therefore, staff would make the arrangements subject to the policy decision of Council to go ahead with the event. Mr. Nugent made the observation that the proposal, as he recalled it, was made up of a number of aspects, one of which was the $3 levy, thus removing the $3 levy would be removing one aspect; and, having re-iterated his opinion that there is no authority to charge a $3 levy, suggested that Council should proceed as it sees fit. The Mayor suggested that, as City staff members have been involved with the Prince William Street merchants in an attempt to assist them with their concerns, it would not be fair for Council to leave the decision on the $3 charge for staff to resolve; and also suggested that the promoter could make up the $3 charge in another way. Question being taken, the motion, as amended, was lost with Councillors Arthurs, Brown, Fitzpatrick, Gould, Trites and Waldschutz voting "nay". Question being taken, the original motion was carried with the Mayor and Councillors Arthurs, Brown, Gould and Waldschutz voting "nay". The meeting recessed at 6:15 o'clock p.m. and the Mayor reconvened the meeting at 7:00 o'clock p.m. with a prayer. 10. Mayor's Remarks At the Mayor's invitation, Ms. Colette d'Entremont addressed Council on the Jeux de L'Acadie to be held in the City on June 27 to 30 and introduced Games Mascot "Acajoux", who presented the Mayor with a t-shirt bearing the Games logo and pins for the Council members. 39(a) Municipal Plan Amendment And (b) Re-ZoninQ 258-260 Golden Grove 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 at 258-260 Golden Grove Road (NBGIC Number 311613), from Open Space to Low Density Residential classification; and (b) the proposed re-zoning of the same parcel of land from "RS-1" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, to allow the subject property to continue to be used for three dwellings in the existing building, as requested by Mr. Melvin P. Marshall, and no written objections were received in this regard. 85-885 COMMON COUNCIL JUNE 17, 1996 39{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report considered by the Committee at its June 11 meeting; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Open Space to Low Density Residential classification, a property located at 258 Golden Grove Road (NBGIC Number 311613); and (2) re-zone the same property from "RS-1" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification. Mr. Bruce Polley appeared on behalf of the applicant in support of the proposed re-zoning, and advised that everything has been done to satisfy the City's requirements and, in response to the Mayor, advised that there is one driveway being used, and it is the intent to extend around the property a temporary driveway which is on the other side. 39{a) On motion of Councillor Knibb Seconded by Councillor Waldschutz 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 property located at 258 Golden Grove Road (NBGIC Number 311613), from Open Space to Low Density Residential classification, be read a first time. On the matter of the driveway, Mr. Baird advised that the adjoining property owner has expressed some concern with respect to its location and that, depending on the disposition of the re-zoning, staff could work with the applicant to improve the present situation somewhat but the site characteristics, in fact, limit what can be done there. Councillor Trites, having noted that this is another case of a property that had been basically illegally converted from a two-family to a three-family unit and a purchaser apparently having bought the property not knowing it was zoned contrary to its present use as a three-family unit, expressed concern that Council's approval is being requested after such property conversions are made. With regard to the reference in the Planning staff's report to a concern about the existing sewage tank located on the subject property and Councillor Fitzpatrick's question as to whether or not Council should postpone action until there is assurance this has been resolved, Mr. Baird advised that, since the writing of the staff report, the applicant has, in fact, installed a new sewage disposal tank and, while there may be additional work to be done, the City would be dependent on Provincial Department of Health standards with respect to sewage disposal, and that, prior to third reading, he could submit an update report to Council on the status of the system which the Department of Health is inspecting. Question being taken, the motion was carried with Councillors Fitzpatrick and Trites 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 Councillor Waldschutz 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 property located at 258 Golden Grove Road (NBGIC Number 311613), from Open Space to Low Density Residential classification, be read a second time. 85-886 COMMON COUNCIL JUNE 17, 1996 Question being taken, the motion was carried with Councillors Fitzpatrick and Trites voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 39{b) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 258 Golden Grove Road (NBGIC Number 311613), from "RS-1" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, be read a first time. Question being taken, the motion was carried with Councillors Fitzpatrick and Trites 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 Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 258 Golden Grove Road (NBGIC Number 311613), from "RS-1" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, be read a second time. Question being taken, the motion was carried with Councillors Fitzpatrick and Trites 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 Councillor Waldschutz RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 40(a) Zoning By-Law Text Amendment Re FencinQ The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to (1) delete Section 830(3)(a)(ii) and (iii) and replace it with the following: "(ii) 2.0 metres, if located in an 'R' zone; or (ii) 2.5 metres, if located in a zone other than an 'R' zone."; and (2) delete Section 830(3)(b) and replace it with the following: "(b) Other than one in excess of 2 metres and located in a zone other than an 'R' zone, not be constructed of barbed wire or have at the top thereof barbed wires, broken glass or other pointed objects.", to restate the 2.0 metre (6.56 foot) standard for residential zones but permit the 2.5 metre (8.2 foot) standard for all other zones, and to prohibit the use of barbed wire located on top of fences in all residential zones, as requested by the City of Saint John, and no written objections were received in this regard. 40{b) Consideration was given to a report from the Planning Advisory 85-887 COMMON COUNCIL JUNE 17, 1996 Committee submitting a copy of the Planning staff's report to the Committee; and recommending that Common Council amend the City of Saint John Zoning By-Law by: (1) deleting Section 830(3)(a)(ii) and (iii) and replacing it with the following: "(ii) 2.0 metres, if located in an 'R' zone; or (iii) 2.5 metres, if located in a zone other than an 'R' zone."; and (2) deleting Section 830(3)(b) and replacing it with the following: "(b) Other than one in excess of 2 metres and located in a zone other than an 'R' zone, not be constructed of barbed wire or have at the top thereof barbed wires, broken glass or other pointed objects.". 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 by: (1) deleting Section 830(3)(a)(ii) and (iii) and replacing it with the following: "(ii) 2.0 metres, if located in an 'R' zone; or (iii) 2.5 metres, if located in a zone other than an 'R' zone."; and (2) deleting Section 830(3)(b) and replacing it with the following: "(b) Other than one in excess of 2 metres and located in a zone other than an 'R' zone, not be constructed of barbed wire or have at the top thereof barbed wires, broken glass or other pointed objects.", 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 Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by: (1) deleting Section 830(3)(a)(ii) and (iii) and replacing it with the following: "(ii) 2.0 metres, if located in an 'R' zone; or (iii) 2.5 metres, if located in a zone other than an 'R' zone."; and (2) deleting Section 830(3)(b) and replacing it with the following: "(b) Other than one in excess of 2 metres and located in a zone other than an 'R' zone, not be constructed of barbed wire or have at the top thereof barbed wires, broken glass or other pointed objects.", 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 Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 41(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 4 Mountain Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions attached to the November 30, 1981 re-zoning of 4 Mountain Road (NBGIC Number 306738), in order to consider a revised proposal that would permit the establishment of an office for up to two optometrists on the ground floor and a basement apartment, as requested by Dr. J.A Hicks Professional Corporation, and no written objections were received in this regard. 41{b) Consideration was given to a report from the Planning Advisory 85-888 COMMON COUNCIL JUNE 17, 1996 Committee submitting a copy of the Planning staff's report to the Committee in the above regard; and recommending that Common Council (1) amend the conditions attached to the November 30, 1981 re-zoning of 4 Mountain Road (NBGIC Number 306738), by replacing the conditions with the following:- (a) the use of the property be limited to an office for two optometrists and a dwelling unit; and (b) the property be developed in accordance with a detailed site plan, subject to the approval of the Development Officer; and (2) consider placing "no parking" signs on both sides of the lower portion of Mountain Road. Dr. Joan Hicks appeared in support of her application and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions attached to the November 30, 1981 re-zoning of 4 Mountain Road (NBGIC Number 306738), by replacing the conditions with the following:- (a) the use of the property be limited to an office for two optometrists and a dwelling unit; and (b) the property be developed in accordance with a detailed site plan, subject to the approval of the Development Officer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the matter of placing "no parking" signs on both sides of the lower portion of Mountain Road be referred to the City Manager for consideration. Question being taken, the motion was carried. 42(a) Zoning By-Law Text Amendment 5-7 and 9-13 Chipman Hill The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add a new Section 540(3)(c)(i) to read as follows:- "(i) notwithstanding (c) above, dwelling units may be located below the second storey of the buildings at 5-7 and 9-13 Chipman Hill, having NBGIC Numbers 39263 and 39225, respectively.", to allow for the renovation of the interior of the two buildings to permit dwelling units below the second storey of the buildings, as requested by Susan Fullerton, and no written objections were received in this regard, with 42(c) a letter having been received from Susan Fullerton requesting an expeditious handling of the proposed Zoning By-Law by Council at the June 17 meeting in order that interior construction can commence. amendment for 5-7 and 9-13 Chipman Hill and that first, second and third readings be given 42{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report as well as letters considered at the Committee's meeting of June 11 at which the applicant expressed agreement with the staff report; and recommending that Common Council amend the City of Saint John Zoning By-Law by adding a new Section 540(3)(c)(i) to read as follows:- "(i) notwithstanding (c) above, dwelling units may be located below the second storey of the buildings at 5-7 and 9-13 Chipman Hill, having NBGIC Numbers 39263 and 39255, respectively." . Ms. Catherine Lahey, solicitor, appeared on behalf of the applicant in support of the proposal, and offered to respond to Council queries in this regard. On motion of Councillor Knibb 85-889 COMMON COUNCIL JUNE 17, 1996 Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new Section 540(3)(c)(i) to read as follows:- "(i) notwithstanding (c) above, dwelling units may be located below the second storey of the buildings at 5-7 and 9-13 Chipman Hill, having NBGIC Numbers 39263 and 39255, respectively.", 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 Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new Section 540(3)(c)(i) to read as follows:- "(i) notwithstanding (c) above, dwelling units may be located below the second storey of the buildings at 5-7 and 9-13 Chipman Hill, having NBGIC Numbers 39263 and 39255, respectively.", 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 Trites Seconded by Councillor Knibb RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. The Mayor advised the necessity, to adopt the above motion, of a unanimous vote in favour of it. Councillor Waldschutz asked the emergency to which the Mayor, referring to the above letter from the applicant, replied that the applicant would like to get the work started and get the contractor on the site, otherwise, as Council does not meet again for another two weeks, this would mean another two-week delay for her. During discussion the Mayor, in response to Councillor Vincent's indication that he would like to question Ms. Lahey as to whether or not it would cause a legitimate problem should Council delay third reading for two weeks, made the observation that the public hearing was over, and Councillor Vincent questioned Council declaring an emergency with as little information as was currently before it. Question being taken, the motion was lost with Councillor Waldschutz voting "nay", a unanimous affirmative vote having been required. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 43(a) Amendment To Section 39 Conditions Of Re-ZoninQ 400 Main Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the proposal adopted by Council pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of 400 Main Street, to permit an additional exterior sign, being an illuminated sign on the wall of Place 400, facing the Harbour, for IBM Canada Ltd., as requested by Design Signs Ltd., and no written objections were received in this regard. 43{b) 85-890 COMMON COUNCIL JUNE 17, 1996 Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report in the above regard; and recommending that Common Council amend the proposal adopted pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Place 400 at 400 Main Street, to permit an additional exterior sign, being a maximum 64-square foot facia sign facing the Harbour in the location illustrated on the submitted plan. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the proposal adopted pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development zoning of Place 400 at 400 Main Street, to permit an additional exterior sign, being a maximum 64-square foot facia sign facing the Harbour in the location illustrated on the submitted plan. Question being taken, the motion was carried. 44(a) Zoning By-Law Text Amendment Definitions In "AE" Zone The Common Clerk advised that the necessary advertising was completed with regard to a Zoning By-Law text amendment to (1) add to the end of the existing definition of "amusement place" the phrase ", but not including an adult entertainment facility or massage parlour, as defined in this by-law;"; (2) add to the end of the existing definition of "retail store", the phrase ", but not including an adult bookstore or video rental, as defined in this by-law;"; (3) add a new definition to read "'partial nudity' means the exposing to view the genital areas of a male or the exposing to view the genital areas or the nipples of the breasts of a female;" to specifically exclude an "adult entertainment facility" and "massage parlour" from the definition of an "amusement place", to specifically exclude an "adult bookstore or video rental" from the definition of a "retail store", and to add a definition of "partial nudity", as requested by the City of Saint John, and no written objections were received in this regard. 44{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report in the above regard; and recommending that Common Council amend the City of Saint John Zoning By-law as indicated above. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) adding to the end of the existing definition of "amusement place" the phase, ", but not including an adult entertainment facility or massage parlour, as defined in this by-law. "; (2) adding to the end of the existing definition of "retail store", the phrase, ", but not including an adult bookstore or video rental, as defined in this by-law."; and (3) adding a new definition to read "'partial nudity' means the exposing to view the genital areas of a male or the exposing to view of the genital areas or nipples of the breasts of a female;", 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 Chase RESOLVED that the by-law to amend 85-891 COMMON COUNCIL JUNE 17, 1996 the Zoning By-Law of the City of Saint John, by (1) adding to the end of the existing definition of "amusement place" the phase, ", but not including an adult entertainment facility or massage parlour, as defined in this by-law. "; (2) adding to the end of the existing definition of "retail store", the phrase, ", but not including an adult bookstore or video rental, as defined in this by-law."; and (3) adding a new definition to read "'partial nudity' means the exposing to view the genital areas of a male or the exposing to view of the genital areas or nipples of the breasts of a female;", 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 45(a) Zoning By-Law Text Amendment "US-L" Utility And Service - Landfill Zone & Re-Zoning Of Crane Mountain HiQhway 7 and 177 The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to (1) add the following to Section 30(1): "utility and service - landfill US-L"; (2) add "US-L" to the list of zones in Section 30(6); (3) add Section 671 immediately following Section 670, as follows: "671 UTILITY AND SERVICE - LANDFILL (US-L) (1) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following uses: -subject to subsection 2(a), a sanitary landfill and associated facilities, including recycling and composting facilities; (b) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions Of Use (a) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms. (3) Zone Standards (a) Minimum lot area.......................... ..100 hectares (b) Minimum front, side and year yards - buildings and structures................. .15 metres - sanitary landfill....................... .150 metres (c) Maximum building height.....................11 metres (d) Maximum lot occupancy..................... 25%"; (4) add "US-L" to the list of zones in Section 840(3)(h); and (5) amend Schedule "A", the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing an area of approximately 330 acres at Crane Mountain, fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301,55043293 and portions of NBGIC Numbers 55086987 and 55087019, from "1-2" Heavy Industrial to "US-L" Utility and Service - Landfill classification, to permit the development of a sanitary landfill facility, including recycling and composting facilities, for the Fundy Region, as requested by the City of Saint John; and that 45(c) a letter was received from the River Road Concerned Citizens Committee advising that, while it does not disagree with the establishment of a zoning district which should ideally include waste treatment plants and other facilities, it believes that the establishment of this new zoning district for one specific site is inappropriate and solely for the purpose of accommodating the re-zoning of Crane Mountain, thus Council should deal only with 85-892 COMMON COUNCIL JUNE 17, 1996 items 1 through 4 at the June 17 public hearing and then, after input from the Planning Advisory Committee, continue the public hearing with respect to item 5 at another convenient time, as well as a letter from Marlene Ross, Chairman for the River Road Action Team, submitting copies of correspondence and documentation to reinforce the objections; and 45(d) a letter from the Environment Committee asking Council to be guided by the intent of the guidelines referenced herein in selecting a site for a new landfill. 45{b) Consideration was given to a report from the Planning Advisory Committee commenting on the presentations at its June 6 meeting with respect to the proposed Zoning By-Law amendment for a "US-L" zone and the re-zoning of property on Highway 7 (Crane Mountain), and submitting copies of the report from the Planning staff and letters considered by the Committee at its meeting. The report expresses concern that the proposed amendment would permit a sanitary landfill as a permitted use, rather than as a conditional use, in the "US-L" zone and its feeling that, regardless of the site which is finally chosen, a sanitary landfill should be subject to such further terms and conditions as the Committee deems necessary to protect adjoining properties and the health, safety and welfare of the general public, and the zone provisions, as currently proposed, would allow the development to proceed without any further review by the Committee; advises that the Committee was not prepared to recommend the creation of the new zone or the re-zoning of Crane Mountain unless the "US-L" provisions were changed to afford the public an opportunity to comment further on the details of how the facility is developed, and to suggest terms and conditions, when more detailed plans are prepared by the Solid Waste Commission and, as a result, the Committee adopted Parts 1 to 4 of the recommendation in the submitted report with the addition of the words "subject to such terms and conditions as may be imposed by the Committee" immediately after the words "the following uses" in Section 671 (1 )(a) of the proposed "US-L" provisions, and, with respect to Part 5 of the staff recommendation (the actual re-zoning of the Crane Mountain site), the Committee tabled this matter until such time as its recommendation with respect to the "US-L" zone provisions is dealt with by Council; and recommends that: A Common Council amend the City of Saint John Zoning By-Law by: 1. Adding the following to Section 30(1): "utility and service - landfill US-L"; 2. Adding "US-L" to the list of zones in Section 30(6); 3. Adding Section 671 immediately following Section 670, as follows: "671 UTILITY AND SERVICE - LANDFILL (US-L) (1) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following uses, subject to such terms and conditions as may be imposed by the Committee: subject to subsection 2(a), a sanitary landfill and associated facilities, including recycling and composting facilities; (b) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions of Use (a) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms. (3) Zone Standards (a) Minimum lot area............... 100 hectares (b) Minimum front, side and rear yards - buildings and structures..... 15 metres - sanitary landfill............ 150 metres (c) Maximum building height........ 11 metres (d) Maximum lot occupancy.......... 25%" 4. Adding "US-L" to the list of zones in Section 840(3)(h). B. A decision not be made concerning the proposed re-zoning of the Crane Mountain site from "1-2" Heavy Industrial to "US-L" Utility and Service - Landfill 85-893 COMMON COUNCIL JUNE 17, 1996 classification, until the Committee is able to make a recommendation. Councillor Gould asked, as he was not present for the December 11, 1995 public hearing relative to the Municipal Plan amendment and re-zoning of property at Crane Mountain and he feels that this public hearing could be considered an extension of the December 11 public hearing, if he were eligible to participate in the public hearing at this time. Mr. Nugent expressed the opinion that, based upon the description provided by Councillor Gould, he would not be disqualified from participating in this public hearing and voting as, in general terms, he as any other Council member would only be disqualified if in a conflict position or if they found themselves of a view so firmly held that they could not be persuaded by anything they might hear at a public hearing. Mr. David Bowen, Chairman of the River Road Concerned Citizens Committee, appeared in opposition of the above-proposed amendment and asked if it were Council's intention to hear all of the issues at once or whether it would be a case of dealing with the setting up of the zone and then dealing with the re-zoning of Crane Mountain separately; to which the Mayor replied that Council would be dealing with the whole issue at this time; and Mr. Bowen subsequently introduced Ms. Marlene Ross as the first presenter. Ms. Marlene Ross, Chairperson for the River Road Action Team, addressed Council in opposition to the proposal on the basis of concerns about the possible contamination of groundwater, the fact that liners used for sanitary landfills can leak and the long-term effectiveness or ineffectiveness of leachate collection systems which have been used only since the 1970s. Ms. Ross also addressed concerns about the effect of a landfill on salmon in the streams in the subject area, the proposed location of a landfill in a recharge area, the covenant which is on family deeds of the landowners in the area in question for use of the right-of-way only for the purposes of operating a woodlot and the possibility of expropriation; and asked Council to remember the over 1,500 names on the protest petitions from the people she represents, and to rescind its vote of "1-2" Heavy Industrial and return the land to its lawful and original zoning of "RF" Rural and "P" Park. Ms. Ross filed with the Common Clerk a copy of her remarks. Mr. David Bowen, in addressing Council in opposition to the proposal, suggested that the way in which the new zoning designation is being set up appears to be a way for Council to work its way around its inability to apply Section 39 conditions, and the new zone appears to be site specific which should not be the case in that, if Crane Mountain were placed into such a zoning district at this time and the EIA were turned down at the Provincial level, it may be that a landfill zone has been defined as such that other locations within the City cannot be placed within it nor perhaps could other types of uses be placed within such a zoning district; and also suggested that, based on his understanding of the Fundy Region Solid Waste Commission's target that there be a 50% diversion by the year 2000 which the Westmorland-Albert documentation air space diversion impact table indicates would mean a 64.7% reduction in space, a smaller site than the 100-hectare subject site could accommodate a landfill within the region or within the City, therefore a smaller site should be found within the region or the City to accommodate a landfill. Mr. Bowen noted the elimination from the proposed new zoning district of the 150-metre set back requirement, which cannot be accommodated at the Crane Mountain site, as well as the absence of provision for fencing or other site specific needs; and expressed support of the Planning Advisory Committee's recommendation that the uses specified should be subject to such terms and conditions as imposed by the Committee. Mr. Bowen put forth the view that the Fundy Region Solid Waste Commission has been very vague, to date, as to what it expects to place into its landfill waste management facility, regardless where it is to be located, and that visibility has not been considered in the issue in terms of what has been recommended in the staff report; broached the issue of covenants with respect to use of the property for woodlots, as well as the possibility of expropriation; and proposed that the road interchange, although there have been some redesigns and improvements made, appears to be inadequate as it still appears to have three left-hand turns across traffic, and a cloverleaf off the highway would be much better. Mr. Bowen referred to specific sections in the Municipal Development Plan on which he previously requested the City Solicitor's comments, and advised his intent to provide Mr. Nugent with a copy of his questions in this regard so 85-894 COMMON COUNCIL JUNE 17, 1996 that he could comment on them either at Council's request or at his request through the Mayor, whichever is appropriate. Mr. Bowen referenced aspects within the Provincial guidelines, such as location within a recharge area or major wetland, social economic criteria, natural buffering, environmental criteria, and distance from a municipal watershed or a perennial flowing stream, and circulated photographs of the subject area to depict that it is a wetland, noting it is identified in a report done by the Waste Commission or SWAT's consultant as marsh, bog, swamp, open water, etcetera. Mr. Bowen compared the Crane Mountain site with sites in Madawaska and Moncton in terms of clay overburden and rock, as well as with other sites described and rated in the Fundy Region; and re-iterated his request for Mr. Nugent to address each of the policies within the Municipal Plan to which he made reference. With regard to the Mayor's indication to Mr. Bowen that Council would appreciate the presenters keeping their remarks to fifteen minutes, Mr. Bowen advised that he was not aware of the fifteen-minute restriction and it resulted in having to modify his presentation and perhaps not being able to present things as well as he would hoped to have. Mr. Don Moulton of Martinon spoke in opposition to the proposed By-Law amendment on the basis of the threat to the drinking water, lowering of the property values, and the ruination of the quality of life in the area in question; and expressed the view that it is incumbent upon the City of Saint John to protect all of its taxpaying citizens by returning this unpolluted area of the City to its original zone - Rural and Park. Ms. Beatty Stubbs of 2184 Westfield Road, in addressing Council in opposition to the proposed By-Law amendment, expressed the opinion that Crane Mountain is the wrong place for a landfill in that liners do not last forever and accidents happen, it would be selfish to take away children's enjoyment of the area, there is a threat of expropriation, and people live in the area because they want to and do not want to move. Mr. Tom Simms appeared as a member of the River Road Concerned Citizens Committee in opposition to the proposed By-Law amendment; and outlined his concerns with respect to (1) the site's location in the heart of a known recharge area, upstream from 900 homes which depend on well water; (2) the Provincial siting guidelines should have rendered the site unacceptable; (3) there could be an enormous viability factor relating to the site, especially if there is no screening of hazardous waste in containers of 20 litres or less; (4) land values in the area would plummet thereby negatively impacting on City tax revenues and rule out the opportunity of future increased tax revenues through further residential development in that area; (5) the visibility of the landfill close to a major tourist route would likely have a detrimental effect on the City's image and its economy; and (6) the proposed $.8 million upgrade to the intersection of Routes 7 and 177 to accommodate the 300 trucks or so visiting the site each day would still leave a dangerous cross roads at that point and also preclude a proper full-fledged intersection going into place if the four-lane highway were extended to this point. Mr. Simms put forth the position that the City has a responsibility to place the same weight on both environmental and social factors as it does on economic factors, and that Council should not succumb to the pressure of the moment and should exclude Crane Mountain from consideration and take a position that works in the long-term interests of its citizens. Reverend Philip Lee of Morna Heights appeared in opposition to the proposed Zoning By-Law amendment on the basis of concern about the drinking water supply in the area, the pollution of streams and rivers and leachate, and an economic concern with respect to possible future law suits and an enormously-costly extension of City water to replace some 1000 contaminated future wells and the loss of visitors to the area on the basis of the City's decision to put an old-fashioned dump in a recharge area on a hillside upgradient from a thousand wells and alongside trout and salmon streams; and asked Council to consider if it were willing to call into consideration the good reputation of the City all for the sake of a short-term, cheap solution. Mr. John Laidlaw, a lawyer with the firm of Patterson Palmer Hunt Murphy representing the Fundy Region Solid Waste Commission, spoke in support of the proposed Zoning By-Law amendment; and noted the presence at the meeting of 85-895 COMMON COUNCIL JUNE 17, 1996 Commission Chairman Daniel Harrigan and Project Manager David Stevens, as well as Geoff Dickinson of Gemtec Ltd. who was involved on behalf of the Commission in the environmental impact assessment. Mr. Laidlaw advised of the Commission's support of the Zoning By-Law text amendment and re-zoning of the Crane Mountain site as recommended by the Community Planning Department of the City of Saint John; and, having indicated the intent of both the Department of the Environment and the Commission to continue to address the concerns raised at this meeting, commented on the Department of the Environment's involvement in ensuring that, in order for the Crane Mountain solid waste landfill project to proceed, the project is suitable to meet the Department's requirements and that it can be constructed, operated and maintained such that the conditions as per use imposed by the Department are met, thereby ensuring that it is environmentally safe. Mr. Laidlaw requested, on behalf of the Commission, that Council give first and second readings of the Zoning By-Law text amendment and re-zoning of the Crane Mountain site from "1-2" Heavy Industrial to "US-L" Utility and Service - Landfill, and create the permitted use zone to which the Department of the Environment will add those conditions which it deems necessary to ensure an environmentally-safe solid waste landfill for the Fundy Region. Mr. Geoff Dickinson of Gemtec Ltd., appearing in support of the proposal, addressed the poor ratings for items related to the hydrogeological setting of the Crane Mountain site based on his involvement in the engineering and environmental guidelines of the Department of the Environment's siting guidelines, the Crane Mountain site having rated good in nine, fair in two and poor in two of the thirteen categories involved, the latter ratings being specific to the site's location in a recharge area involving issues of ground water, downgradient wells and leachate. During discussion Mr. Dickinson expressed the opinion that there would be an extraordinarily small chance that downgradient wells could be affected and, in view of the very strict requirements on the monitoring of the facility as imposed by the Department of the Environment, one would have to visualize (a) a catastrophic failure of the liner and (b) that happening without it being detected by a monitoring system that would be on the site; and commented on an indication that the landfill siting guidelines were not followed in this situation, as well as on the manner in which the sites identified in the constraint mapping were considered and rated during the process. Mr. Daniel Harrigan, Chairman of the Fundy Region Solid Waste Commission, speaking in favour of the proposed Zoning By-Law amendment, addressed the set back issue in that the Commission enhanced the Provincial set back requirements, and the concerns about water, recycling, economics, the process itself, traffic, visibility, land use, property values and siting process on the basis that they are already registered in the EIA and have to be dealt with in order for the Provincial Cabinet to deal with the Crane Mountain site. Mr. Harrigan explained that expropriation would involve expropriating a covenant out of a deed rather than the land itself; and commented on the siting process, acknowledging that Crane Mountain is not the perfect site, having scored in the 230 bracket out of 300, very similar to the number for Paddy's Hill although for different reasons, and being the third site, numerically, on the reduction chart, and that the 157 sites were not looked at in depth because it was necessary to reduce and come down to what was seen as both fair and logical and there would not be the time nor the money to do the type of investigation on all the sites that was done on the subject site; and noted the Commission's commitment to the recycling component. Mr. Thomas Gribbons, 1 st Vice President of the Saint John Board of Trade, appearing in support of the proposed amendment, advised that he was representing both the Board and a coalition of business and community leaders from the Saint John Construction Association, the Fundy Region Development Commission and Enterprise Saint John, and that their support was due to their concern about the potential impact on the community at large, the taxpayers and the business community, with respect to cost and the loss of control, jobs, and economic development opportunities due to negative publicity, if the City were forced to transport waste to some distant location; and their continued belief that the Crane Mountain location is the best option if a modern sanitary landfill is to be located in the greater Saint John region; and urged Council to adopt the proposed By-Law amendment. Mr. Patrick Darrah of Saint John Construction Association Inc. spoke in 85-896 COMMON COUNCIL JUNE 17, 1996 support of the proposed amendment on the basis that the safeguards that would be put into a landfill today would be of the highest quality and technology to look after the concerns that have been raised, as well as the importance of Council looking after the things it must look after and making decisions that are for the best in the long-term Mr. Larry Armstrong, Vice Chairman of the Greater Saint John Economic Development Commission (Enterprise Saint John), appeared in support of the proposed Zoning By-Law amendment based on his confidence in the City of Saint John's ability to resolve a problem and that the City's decision with respect to a landfill should not be of concern in that it would be a good, properly-run landfill. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) adding the following to Section 30(1): "utility and service - landfill US-L"; (2) adding "US-L" to the list of zones in Section 30(6); (3) add Section 671 immediately following Section 670, as follows: "671 UTILITY AND SERVICE - LANDFILL (US-L) (1) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following uses: subject to subsection 2(a), a sanitary landfill and associated facilities, including recycling and composting facilities; (b) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions Of Use (a) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms. (3) Zone Standards (a) Minimum lot area............................100 hectares (b) Minimum front, side and year yards - buildings and structures................. .15 metres - sanitary landfill........................ .150 metres (c) Maximum building height.................. 11 metres (d) Maximum lot occupancy................... 25%"; (4) adding "US-L" to the list of zones in Section 840(3)(h); and (5) amending Schedule "A", the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing an area of approximately 330 acres at Crane Mountain, fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301,55043293 and portions of NBGIC Numbers 55086987 and 55087019, from "1-2" Heavy Industrial to "US-L" Utility and Service - Landfill classification, be read a first time. The initial motion proposed was to give first reading to the proposed re- zoning and during discussion of the intent of the motion in that the Planning staff's recommendation is different from the Planning Advisory Committee's recommendation to Council, and in response to the Mayor's indication that Council could move first reading of the Zoning By-Law amendment which would include the addition of the "US- L" Utility and Service - Landfill zone and the re-zoning of the subject parcel of land as set out on the Council agenda and as advertised, it was clarified that the motion was as indicated by the Mayor which does not include the Committee's recommendation that the uses be subject to such terms and conditions as may be imposed by the Committee. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of 85-897 COMMON COUNCIL JUNE 17, 1996 Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) adding the following to Section 30(1): "utility and service - landfill US-L"; (2) adding "US-L" to the list of zones in Section 30(6); (3) add Section 671 immediately following Section 670, as follows: "671 UTILITY AND SERVICE - LANDFILL (US-L) (1) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following uses: subject to subsection 2(a), a sanitary landfill and associated facilities, including recycling and composting facilities; (b) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions Of Use (a) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms. (3) Zone Standards (a) Minimum lot area............................100 hectares (b) Minimum front, side and year yards - buildings and structures.................. 15 metres - sanitary landfill....................... . .150 metres (c) Maximum building height................... 11 metres (d) Maximum lot occupancy.................... 25%"; (4) adding "US-L" to the list of zones in Section 840(3)(h); and (5) amending Schedule "A", the Zoning Map of the City of Saint John, by re-zoning a parcel of land containing an area of approximately 330 acres at Crane Mountain, fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301,55043293 and portions of NBGIC Numbers 55086987 and 55087019, from "1-2" Heavy Industrial to "US-L" Utility and Service - Landfill classification, be read a second time. Question being taken, the motion was carried with Councillors Gould and 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 Councillor Waldschutz RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillors Fitzpatrick and Vincent withdrew from the meeting.) Following a brief recess, the Council meeting reconvened. 20. Saint John Parking Commission Appointment Of By-Law Enforcement Officer Read a letter from the Saint John Parking Commission requesting the appointment of Alyre Roy Haddad as a By-Law Enforcement Officer. On motion of Councillor Trites Seconded by Councillor Knibb 85-898 COMMON COUNCIL JUNE 17, 1996 RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Alyre Roy Haddad: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 21. Environment Committee Yellow Fish Road ProQram Consideration was given to a letter from The City of Saint John Environment Committee regarding the Atlantic Salmon Federation's request to Council on March 11 for approval of and permission to initiate the "Yellow Fish Road" program in Saint John; and suggesting that Council could support this activity in principle, subject to receiving advice regarding any legal liability to which the City may be exposed in the event anyone is injured while involved in the activities of the program, and also that Council may wish to request that the Salmon Federation restrict the painting activities of the children to areas of the City which would be considered low in terms of motor vehicle traffic. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the letter from The City of Saint John Environment Committee regarding the Atlantic Salmon Federation's request for approval of and permission to initiate the "Yellow Fish Road" program in Saint John -- be referred to the City Manager. Question being taken, the motion was carried. (Councillor Arthurs withdrew from the meeting as she was not present at the January 29, 1996 public hearing with respect to a proposed Municipal Plan amendment and re-zoning of property at 2219 Loch Lomond Road.) 22. Municipal Plan Amendment And Re-ZoninQ 2219 Loch Lomond Road Consideration was given to a report from the Planning Advisory Committee regarding the application of Mr. Dante Foriere for a Municipal Plan amendment and re-zoning of 2219 Loch Lomond Road, which was tabled at the public hearing of January 29, 1996 with no readings given; submitting a copy of the Planning staff's report to the Committee in this regard; and recommending that Common Council (1) redesignate on Schedule 9-A, the Staging Plan, from Stage 2 to Unstaged classification, an area of land approximately 33 hectares (82 acres) along Loch Lomond Road (between 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891); and (2) re-zone the same area of land from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One-Family Rural Residential classification. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Councillor Knibb 85-899 COMMON COUNCIL JUNE 17, 1996 Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 9-A, the Staging Plan, an area of land approximately 33 hectares (82 acres) along Loch Lomond Road (between 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), from Stage 2 to Unstaged 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". (Councillor Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 9-A, the Staging Plan, an area of land approximately 33 hectares (82 acres) along Loch Lomond Road (between 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), from Stage 2 to Unstaged classification, be read a second time. (Councillor Fitzpatrick re-entered the meeting.) 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 Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land approximately 33 hectares (82 acres) along Loch Lomond Road (between 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple 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 Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an area of land approximately 33 hectares (82 acres), from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One-Family Rural Residential classification, be read a second time. Question being taken, the motion was carried with Councillor Vincent voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 85-900 COMMON COUNCIL JUNE 17, 1996 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 23. Zoning By-Law Amendment To Re-Zone 2805 Golden Grove Road Consideration was given to a report from the Planning Advisory Committee regarding the application of Dexter Construction Company, Limited for the re-zoning of 2805 Golden Grove Road, which was tabled at the June 3, 1996 public hearing with no readings given; submitting a copy of the Planning staff's report to the Committee; and recommending that Common Council re-zone approximately 18 hectares (44 acres) of land situated at 2805 Golden Grove Road (NBGIC Number 349803), from "RF" Rural and "RFM" Rural Mobile Home to "RR" One-Family Rural Residential classification. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 18 hectares (44 acres) of land situated at 2805 Golden Grove Road (NBGIC Number 349803), from "RF" Rural and "RFM" Rural Mobile Home 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 Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 18 hectares (44 acres) of land situated at 2805 Golden Grove Road (NBGIC Number 349803), from "RF" Rural and "RFM" Rural Mobile Home to "RR" One- 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 Deputy Mayor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 85-901 COMMON COUNCIL JUNE 17, 1996 24. Zoning By-Law Amendment To Re-Zone 1203 Hillcrest Road Read a report from the Planning Advisory Committee regarding the application of Hughes Surveys & Consultants Ltd. for Mark and Cynthia Kierstead for the re-zoning of 1203 Hillcrest Road, which was tabled at the June 3, 1996 public hearing with no readings given; submitting a copy of the Planning staff's report to the Committee in this regard; and recommending that Common Council re-zone approximately 6.5 hectares (16 acres) of land situated at 1203 Hillcrest Road (NBGIC Number 331546), from "RS-1" One- and Two-Family Suburban Residential to "RR" One-Family Rural Residential classification. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 6.5 hectares (16 acres) of land situated at 1203 Hillcrest Road (NBGIC Number 331546), 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 Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 6.5 hectares (16 acres) of land situated at 1203 Hillcrest Road (NBGIC Number 331546), from "RS-1" One- and Two-Family Suburban Residential to "RR" One-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 Ball RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 25. Land For Public Purposes Public Utility Easement Subdivision 210 CottaQe Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by 85-902 COMMON COUNCIL JUNE 17, 1996 the Planning Advisory Committee, (1) a cash-in-lieu dedication be accepted with respect to land for public purposes for the proposed subdivision at 210 Cottage Road; and (2) Common Council assent to any required public utility easements for the proposed subdivision. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". 26. Municipal Services & Public Utility Easements 10 Seaton Street. 31-33 Frederick Street On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan with respect to property at 10 Seaton Street and 31-33 Frederick Street for consolidation of City of Saint John property NBGIC Number 19562 and the balance of the subject site, with respect to any required municipal services and public utility easements. Question being taken, the motion was carried. 27. Saint John Jeux Canada Games Foundation, Inc. - 1995 Financial Statements. Appointment Of Governors On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc. submitting the audited Report and Financial Statements as at December 31, 1995, and recommending that Harry Gaunce, Richard Oland and James MacMurray of Saint John be reappointed Governors for the term ending December 31, 1998 or until their successors are appointed -- be received and filed with appreciation and the recommendation be adopted. Question being taken, the motion was carried. 28. Mary Maureen Dianne Basque Sidewalks On Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Miss Mary Maureen Dianne Basque requesting sidewalks on Sand Cove Road -- be referred to the City Manager. Question being taken, the motion was carried. 29. Uptown Saint John Inc. - Improvements Planned For Union Street at Crown Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Uptown Saint John Inc. advising that it does not feel that the upcoming improvements planned by the City of Saint John for Union Street at Crown Street will continue to be consistent with the most recent projects completed where it relates to underground power services, and urging Council to review the Union Street project with respect to these services -- be referred to the City Manager. 85-903 COMMON COUNCIL JUNE 17, 1996 Question being taken, the motion was carried. 30. John M. Wood - Acadian Games On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mr. John M. Wood asking, further to his letter considered by Council on May 13 regarding the Acadian Games, for Council's response to either confirm or deny the allegation that the City of Saint John is not only funding the Games but is complicit in the manufacturing of the very signs and banners that will carry the translated name of the City (Saint Jean) -- be received and filed. Question being taken, the motion was carried. 31. Robert S. James, James Stephenson Water & SeweraQe To RaQQed Point On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Messrs. Robert S. James and James Stephenson following up on letters to Council from residents of Ragged Point regarding the water supply in the Ragged Point area; and urging Council to approve water and sewage service to Ragged Point on a high priority basis -- be referred to the City Manager. Question being taken, the motion was carried. 32. Gorman Nason Ljungstrom Billy's Seafood Company On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the letter from Ms. Carolyn E. White of the law firm of Gorman Nason Ljungstrom referring to Common Council resolutions of June 3, 1996 and May 27, 1996 with respect to Billy's Seafood Company on the basis that Mr. Sproul has received the notification sent by the City to the Company arising from the former resolution and Messrs. Grant and Sproul do accept the latter resolution; advising that the letter of May 30, 1996 from Mr. Grant was not to constitute a rejection of the May 27 resolution but, on the contrary, the intent was to express the Company's desire to agree to Council's proposal and query the logistics of a chattel mortgage and its particulars; and requesting, if possible, that the acceptance of the resolution by Billy's Seafood Company be placed on the agenda of Council -- be received and filed and Council accept Billy's Seafood Company's indication of acceptance of Common Council resolution of May 27, 1996. The Mayor asked the status of the above matter since Council's resolution of June 3 to which Mr. Totten advised that, given that the offer of May 27 had been put on the table, the above motion would be appropriate at this point in time and it is his understanding that the details of the chattel mortgage are being worked out. Councillor Fitzpatrick, having made the observation that the Company was given 48 hours to accept the offer of May 27, asked if the rent to date for 1996 has been paid, to which Mr. Totten expressed the understanding that the arrears of $24,228 was up to mid-March and the Company has been paying since then; and advised that, within the 48 hours, the Company had written to Council on the basis that, while it had generally agreed, it had a number of questions and, in order to force the issue, staff reported to Council on June 3 on the basis that it was not accepted. Question being taken, the motion was carried with Councillors Brown and Fitzpatrick voting "nay". 33. Ira Grant - 85-904 COMMON COUNCIL JUNE 17, 1996 SkateboardinQ In KinQ's Square On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the letter from Mr. Ira Grant suggesting that the practice of skateboarding in King's Square should be stopped and a place be set aside for young people to skateboard where they do not pose a threat to others -- be received and filed. The Mayor advised that about a year ago she was approached by an individual involved with skateboarding about the possibility of having a private place in the downtown area and, with the involvement of another corporation, this is being looked into at this time; and Mr. Totten commented on the Skateboard By-Law, which was enacted in 1965 and for which an amendment that would prohibit skateboards in a number of areas was proposed in 1988 but not enacted, and a draft By-Law that is prepared for Council's consideration if an alternate arrangement cannot be found. Question being taken, the motion was carried. 34. Market Square - Canada Dav Celebrations On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Colin Whitcomb, General Manager of Market Square, submitting a schedule of July 1, 1996 Canada Day activities further to Common Council resolution of March 18, 1996 giving approval for Market Square to be the lead agency in establishing the officially- sanctioned citizens' committee to organize Canada Day activities in Saint John; and requesting a contribution from the City of Saint John of $2,000 toward the Canada Day fireworks -- be referred to the City Manager. During discussion Councillors Knibb and Waldschutz expressed opposition to providing funds for fireworks, and Mr. Totten advised that, in dealing with numerous requests such as that above and that considered under item 4 earlier in this meeting, it is his natural inclination to respond, with the rare exception, in the negative. Question being taken, the motion was carried. 35. Committee For 1996 PGI Saint John Region Golf Tournaments For Literacv - Sponsorship Request On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the letter from Mr. Joseph A. Day, Chairman of the Fundraising and Sponsorships Committee for the 1996 Peter Gzowski Saint John Region Golf Tournaments For Literacy, requesting the City of Saint John to sponsor one of the eighteen holes in the 1996 New Brunswick version of the Golf Tournaments for Literacy to be held at the Hampton Club on August 1 -- be referred to the City Manager. Question being taken, the motion was carried. 36. Elsie E. Wayne, M.P. Summer ChallenQe Grants On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mrs. Elsie E. Wayne, M.P., advising that she was able to approve Summer Challenge Grants for 85-905 COMMON COUNCIL JUNE 17, 1996 45 students for the City of Saint John's Recreation Department Playgrounds Program -- be received and filed with appreciation. Question being taken, the motion was carried. 37. John And Theresa Stewart Re-ZoninQ 95-2 Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of John and Theresa Stewart for the re-zoning of property at 95-2 Sand Cove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 29, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 38. Roger M. LeBlanc - Easement For Encroachment 165-67 Visart Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Roger M. LeBlanc asking that the City consider granting an easement for the property at 165- 67 Visart Street to allow the encroachment of his property on Visart Street -- be referred to the City Solicitor for a recommendation to Council. Question being taken, the motion was carried. The Mayor noted that Council would meet again in open session on Tuesday, July 2, 1996, at 7:00 o'clock p.m. Adiournment On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk