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2001-02-19_Minutes 88-371 COMMON COUNCIL FEBRUARY 19, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of February, AD., 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; R. Simonds, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on February 12, 2001, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 2494 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to amend Schedule 2-A and Section 2.4.7.15 by redesignating a parcel of land with an area of approximately 3600 square metres (.9 acres), located at 2494 Loch Lomond Road (NBGIC Numbers 448183 and 55058242), from Unserviced Residential to Light Industrial (Approved Development) classification; and (b) a proposed Zoning By-law text amendment to add a new zone, "special zones SZ#7", to the list of zones in Section 30(1), and its uses and standards as Section 740(7), and the proposed re-zoning of the same parcel of land from "RS-1" One and Two Family Suburban Residential to "SZ#7" Special Zone #7, to permit the continuing use of the property for an autobody/repair shop and dwelling, as requested by Truman Hayward, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered at the Committee's February 13, 2001 meeting at which Truman Hayward spoke in favour of his application and submitted a letter and a petition with eleven names in support of it, and three persons spoke in opposition to the application, their main concerns being with the obnoxious fumes being emitted from the autobody shop, possible well water contamination, disregard for City by-laws and non-compatibility of the use with the residential area; and recommending that the proposed amendments to the Municipal Plan and Zoning By-law be denied. Tiina Runkla of 2446 Loch Lomond Road, appearing in opposition to the proposed amendments, summarized her letter to the Planning Advisory Committee, as an immediate neighbour to the subject property requesting eventual re-zoning, in 88-372 COMMON COUNCIL FEBRUARY 19, 2001 objection to any Municipal Plan amendment that would permit an autobody/repair shop to continue to operate in a residential area, expressing concern about the size and location of the work site, being only 4.6 feet from her property line without sufficient barrier from the fumes and noise of the business and the lengthy work hours throughout the day from early morning to late in the evening on weekdays and weekends. Ms. Runkla outlined the reasons for her objection as follows: (1) loss of enjoyment of her property; (2) a question of there being adequate and appropriate disposal of both industrial and household waste; (3) a danger of environmental damage to soil, water and air; and (4) a blatant disregard to civic by-laws by the property owner which should not be rewarded with eventual granting of a re-zoning request; and requested Council to consider her concerns and objections and not allow the re-zoning to take place within a residential area. Reid Chedore, appearing as legal counsel for Truman Hayward who was also present at the meeting, advised that Mr. Hayward wished to endorse his application for permission to continue the type of work he has been doing now for over a dozen years on Loch Lomond Road and, having acknowledged Mr. Hayward's violation of the Zoning By-law with regard to his operation which has grown to the extent that he now employs himself and four others, noted the operation's setback from the road to the extent that, because of a large fence, only the roofs of the operation were visible, as well as the rural characteristics of the area in question; and advised that, contrary to what Council may have heard, Mr. Hayward told him that he does not operate on Sunday and very seldom works on Saturday, although that is not to diminish the fact that he does do autobody repair on the subject property and, though staff and the Planning Advisory Committee is recommending against the proposal, is requesting Council to consider his proposal so that he will no longer be in violation of the zoning. Mr. Chedore also advised of Mr. Hayward's preparedness to meet all normal health and industry standards with regard to the operation and to address the concerns of the neighbours and that, if he were allowed to enter into some agreement with the City to permit his operation there so that he could properly address the sound and smell issues, he is prepared to do so. During discussion Mr. Chedore, having consulted with the applicant, responded to questions on the extent to which the operation presently meets the National Fire Code of Canada requirements, and expressed the understanding that, although the Department of the Environment does not currently issue certificates of approval to operate for such small operations as this one, the Department of the Environment was there and expressed no concern and also that, in dealing with effluent and things of that nature such as hazardous waste that may flow from such an operation, each and every one of those environment concerns was being adequately addressed. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, Council deny the application of Truman Hayward for a Municipal Plan amendment and re-zoning of property located at 2494 Loch Lomond Road. Mr. Edwards spoke to the background of the subject property based on the City's involvement since October 1990, and advised that, if the re-zoning were not approved, the City would make application to the Court of Queen's Bench for an order which would cause the subject garage to be altered or removed and the illegal use of the property to cease, and also that, having spoken to Mr. Chedore prior to this meeting with respect to this, he indicated that, if the re-zoning were not approved, the applicant was prepared to relocate his operation but would like some time and further that he would be prepared to sign a consent that the court would subsequently issue an order to do. As to when enforcement action would be taken should the re-zoning be denied, Mr. Nugent advised that he would think, in discussion with the Building Inspector, that the priority of this property would be considerable and he would expect that an application would be made to the Court of Queen's Bench within the next six to eight weeks. Mr. Baird, in response to a question of conditions being placed on the business if the re-zoning were approved, made the observation that, if it were the desire of Council to approve the re- zoning, Council has the authority to impose conditions pursuant to Section 39 of the Community Planning Act and staff could look at that depending on the outcome of Council's decision. 88-373 COMMON COUNCIL FEBRUARY 19, 2001 Question being taken, the motion was carried with Councillor Desmond voting "nay". On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 1433 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at 1433 Loch Lomond Road (a portion of NBGIC Number 55147979), having an area of approximately 1286 square metres (13,843 square feet), from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, to permit the establishment of a day care for approximately 45 children, as requested by Tim and Cheryl Cochran, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered at the Committee's February 13, 2001 meeting at which the applicant, Cheryl Cochran, appeared in support of the staff recommendation, provided provision was made to allow the proposed day care centre to operate prior to completing all the necessary work in the spring (i.e., paving the commercial access and constructing the outdoor play area), and four other individuals appeared in support, and two individuals expressed objection to the proposal; advising of the Committee's adoption of the revised staff recommendation; and recommending that Common Council re-zone an area of land located at 1433 Loch Lomond Road, having an area of approximately 1286 square metres (13,843 square feet), also identified as being a portion of NBGIC Number 55147979 and the highlighted areas on the submitted diagram between proposed Lots 00-27 and 00-28, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act imposing the following conditions: (a) the subject site be limited to a day care centre for not more than forty-five (45) children; (b) the property be developed and maintained in accordance with a detailed site plan approved by the Development Officer, illustrating a paved commercial access, gravel parking area for at least nine (9) vehicles, a suitable gravel turnaround facility, and an enclosed outdoor play area, and that such plan include: (i) the commercial access, parking area and turnaround facility being at least 4.5 metres (15 feet) from any common property boundary; and (ii) the play area enclosed by a board-on-board fence with a minimum height of 1.5 metres (5 feet) and being at least 7.5 metres (25 feet) from any common property boundary; and (c) the commencement of the day care centre not occur until such time that the commercial access, parking area and turnaround facility are developed to at least a granular base, subject to the satisfaction of the Development Officer and in accordance with the above-mentioned site plan, and that access be paved and the outdoor play area be completed by no later than July 1, 2001. Cheryl Cochran of 72 Crawford Road, appearing in support of the application, advised that she and her husband, in order to ensure that it was reasonable to request that the property be re-zoned for the establishment of a day care, had all the proper people go through the building, including building inspectors and the Fire Marshall, who would be connected with the proposal if the re-zoning were to be put through, and everybody has indicated that their plan of action is proper, and the property itself is large enough to accommodate all the requests made by the Planning Advisory Committee. Mrs. Cochrane expressed agreement with the Committee's recommendation, adding that, although they put in a number of forty-five children for the day care, Public Health would actually be the one to tell them how many children they could accommodate; and spoke to the need for a day care facility in the area, particularly for infant care, based on the number of children pre-enrolled with them at this time, as well as on the results of a survey of need recommended to them by Health and Community Services. 88-374 COMMON COUNCIL FEBRUARY 19, 2001 Barry Lewis of the Loch Lomond Road area spoke in support of the proposed re-zoning as a parent of a daughter of four years of age, and his confidence that the proposal put forward would provide a safe and clean learning environment for children of that age. On motion of Councillor White Seconded by Councillor Court 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 located at 1433 Loch Lomond Road, having an area of approximately 1286 square metres (13,843 square feet), also identified as being a portion of NBGIC Number 55147979 and the highlighted area on the submitted diagram between proposed Lots 00-27 and 00-28, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Court Seconded by Councillor White 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 located at 1433 Loch Lomond Road, having an area of approximately 1286 square metres (13,843 square feet), also identified as being a portion of NBGIC Number 55147979 and the highlighted area on the submitted diagram between proposed Lots 00-27 and 00-28, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-law Amendment To Re-Zone 1099 Kennebecasis Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at 1099 Kennebecasis Drive (a portion of NBGIC Number 00049460), having an area of approximately 3191 square metres (34,349 square feet), from "P" Park to "R-1A" One Family Residential classification, to enlarge three previously approved residential lots by adding the subject area, as initiated by the City of Saint John, and 5{c) written objections were received from Mark McKinney and Joan K. Pearce. 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter considered by the Committee at its February 13, 2001 meeting at which Joan Pearce expressed objection to the proposed re-zoning and the subsequent consolidation of the subject area; and recommending that the application be denied. 88-375 COMMON COUNCIL FEBRUARY 19, 2001 Councillor White proposed a motion, which was seconded by Councillor Titus, to adopt the above recommendation. During discussion Mr. Totten reminded Council that the application for re- zoning was before Council as a result of negotiation between the City and the eventual purchaser of the subject property, Maber & Someville and, separate and apart from the issue in terms of a buffer or a strip along the waterfront, the land in question is at the back of a piece of property initially sold by the City to Maber & Somerville between that land and a large parking lot adjacent to the Millidgeville Ferry, and as part of the negotiations for the proposed sale the City was to initiate the re-zoning of it; and clarified that the subject property does not border on the water and was between a piece of City- owned property and property owned by Maber & Somerville. Councillor Ball spoke in support of denying the re-zoning in view of his concern about the need for City staff and Council to be more aware of every piece of land near the waterfront that can be maintained and kept for the use of the citizens of Saint John, thus in order to express his concern for these lots of land that were slowly being encroached on and disappearing, he would vote nay to the application. The Mayor clarified that the motion on the floor was to adopt the Planning Advisory Committee's recommendation that the application be denied, whereupon Councillor Titus withdrew as seconder of the motion. On motion of Councillor Desmond Seconded by Councillor Titus 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 located at 1099 Kennebecasis Drive (a portion of NBGIC Number 00049460), having an area of approximately 3191 square metres (34,349 square feet), from "P" Park to "R-1A" One Family Residential classification, be read a first time. Question being taken, the motion was carried with Councillor Ball 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 Desmond Seconded by Councillor Vincent 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 located at 1099 Kennebecasis Drive (a portion of NBGIC Number 00049460), having an area of approximately 3191 square metres (34,349 square feet), from "P" Park to "R-1A" One Family Residential classification, be read a second time. Question being taken, the motion was carried with Councillor Ball 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 Desmond Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6(a) Street Closing By-law Amendment To Stop Up And Close Portion Of WellinQton Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Wellington Street, and 6{b) a letter of objection was received in this regard from Alden MacKnight. 88-376 COMMON COUNCIL FEBRUARY 19, 2001 Alden MacKnight of 9 Rockwood Avenue spoke against the proposed closure of a portion of Wellington Street and, having circulated photographs of a section of Wellington Street which he advised he bought a few years ago, asked what the designated section of Wellington Street, if closed, would look like. Mr. MacKnight explained his concern about flooding in the area with the closure and possible development of land in that it crosses at least two main drainage outlets and contains the main sewerage conveyance pipe for sewerage from Forest Hills and other eastern parts of the City parallel to Rothesay Avenue; and asked, as all of the surrounding adjacent undeveloped land was necessary to absorb and dissipate the run-off from Leon's warehouse east to Rockwood Avenue and from the side hill above Oakland Street to near Rothesay Avenue; if the City was prepared for litigation as area homeowners suffer increased damage from back-up flood waters from permanent encroachment on the drainage basin. Mr. MacKnight suggested that no changes be made affecting the status of land in this flood plain basin, at least until after this year's spring breakup. William Teed, solicitor for Haldor 1972 Ltd., the party who approached the City to consider the portion of Wellington Street to be closed, in addressing Council in support of the proposed amendment, advised that Haldor owns all of the land on each side of the subject portion of Wellington Street and, while initially the application to the City was for a portion Haldor did not own, as a result of a comment from staff that there was some opposition to that, the matter came back to Council for a change so as to deal only with that portion which Haldor owns. In response to questions, Mr. Teed noted that Wellington Street was an undeveloped street, having been shown on an old subdivision plan many years ago and never subdivided and developed, and also that the Council resolutions of September and December 2000 both stated that any sale would be subject to the City retaining easements for sewer and other services that are located there and the ability to go in and deal with them. As to the reason for the closure, Mr. Teed advised that, if the portion of Wellington Street is closed and the purchase proceeds as requested, Haldor anticipates submitting an application for re-zoning so that it can operate a business there, and this is the last piece of the assembly of land. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Wellington Street, be read a first time. On the concern about drainage with the subject property being in the flood risk area, Mr. Edwards advised that any development that would happen in that area and any filling of land would have to meet the requirements of the Flood Risk Area By-law in terms of compensatory flood storage and such, and the closure of the portion of Wellington Street in question would have no effect on drainage. Mr. Baird commented on the zoning issue, noting Mr. Teed's indication that the party concerned would have to seek re-zoning in order to undertake his development. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Wellington Street, be read a second time. Question being taken, the motion was carried. 88-377 COMMON COUNCIL FEBRUARY 19, 2001 Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. (Councillors Desmond and Vincent withdrew from the meeting.) 7. Environment Committee - Solid Waste Don Shaw, a member of the City of Saint John Environment Committee, presented slides to highlight a draft policy document on solid waste as the second in a series of draft policy documents regarding Part Three of the Municipal Plan; and, referring to the 1973 Municipal Services Environment Plan and waste disposal in the City prior to November 1997 when the Crane Mountain facility opened to accept the regional stream of solid waste for a minimum of 25 years, put forward the following recommended proposed City objectives and policies: A. Objectives: (a) to promote and facilitate efficient and effective systems for waste management to ensure the protection of health and safety and to minimize adverse effects on the natural environment; (b) to ensure that the negative impacts from waste disposal facilities and systems on land uses and development are minimized; B. Policies: 3.3.7.1 to continue to develop, in conjunction with the Fundy Region Solid Waste Commission and the other municipalities in the Region, strategies to promote, adapt and implement the principle of "Reduction, Re-use, Recycling and Recovery", as the first priority in waste management; 3.3.7.2 to support, participate and cooperate with the Fundy Region Solid Waste Commission, adjacent local municipalities and the Provincial Government in the efforts toward implementing a coordinated waste management strategy to reduce and recycle waste to achieve regional waste reduction targets; 3.3.7.3 to support, participate and cooperate with the Fundy Region Solid Waste Commission, adjacent local municipalities and the Provincial Government in the investigation of other viable technologies for the use and/or disposal of waste; 3.3.7.4 to support appropriate regulations and short-term Provincial licensing of all private dumping and backfill involving solid waste; 3.3.7.5 to undertake programs to maximize reduction, reuse and recycling of waste at source; 3.3.7.6 to establish building standards to accommodate waste handling needs, consistent with Provincial and Federal environmental controls; 3.3.7.7 to review all land use and development proposals which may potentially either generate or store hazardous wastes, require safe and environmentally acceptable methods for storage or disposal and ensure that the location and operation of such development will not adversely affect the health and safety of the public, prior to the approval of such development; and 3.3.7.8 to support Provincial legislation to encourage proper stewardship of all hazardous wastes. Mr. Shaw compared the initial estimates of regional waste and the 30% target for diversion/recycling with the current situation at the Crane Mountain landfill in terms of the amount of waste landfilled and the metric tonnage recycled, and reviewed the projection for the future with the composting program to commence in August. (Councillors Desmond, Fitzpatrick and Vincent re-entered the meeting during the above presentation.) On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above presentation on behalf of the City of Saint John Environment Committee be received and filed. Question being taken, the motion was carried. 8. Mavor's Remarks A promotional video was shown at this time featuring the Reversing Falls, which the Mayor advised was created for the operator of the Reversing Falls Restaurant at his expense and is to be featured at the theatre on top of the Restaurant building. 88-378 COMMON COUNCIL FEBRUARY 19, 2001 The Mayor proclaimed February 17 to 25, 2001 as Scout-Guide Week in the City of Saint John. (Councillor White withdrew from the meeting.) 9. Tender For Rental Equipment On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the provision of rental equipment, for a period of one year from the date of award by Common Council, be awarded to the lowest tender(s) in each case, as indicated in the submitted summary of bids. (Councillor White re-entered the meeting.) Question being taken, the motion was carried. 10. Tower Hill Irish Famine Cemetery Project On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, with regard to the request to Council on December 11, 2000 by the Chair of the Tower Hill Irish Famine Cemetery Project for the City to construct a concrete apron on Whipple Street adjacent to the entry of the Tower Hill Cemetery, a 5- foot wide concrete sidewalk can be constructed for approximately $20 per lineal foot and the concrete pad requested would cost approximately $800, and supporting this project will enhance the appearance of the street frontage at the graveyard and Martello Tower, and recommending that the request of the Irish Famine Cemetery Project be granted, be received and filed and the request be granted. Question being taken, the motion was carried. 11. Marsh Creek Culvert Replacementl Rothesav Avenue Street WideninQ Consideration was given to a report from the City Manager advising that Saint John Energy is the primary utility that has infrastructure that will be affected by the Marsh Creek culvert replacement/Rothesay Avenue (Province of New Brunswick) street widening, and the water and sewage services will be relocated as part of the Provincial tender for the work; and also advising that the cost to relocate Saint John Energy infrastructure is $88,320, taxes included, and quotes from other contractors were not solicited as Saint John Energy does its own work on its infrastructure. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize Purchasing and Materials Management to issue a purchase order to Saint John Energy, in the amount of $88,320, to proceed with the work of relocating the appropriate infrastructure with regard to the Marsh Creek culvert replacement/Rothesay Avenue (PDH) street widening project. Question being taken, the motion was carried. 12. Authorization For RebuildinQ Ice Resurfacer On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, City staff be authorized to send a 1983 Olympia ice resurfacer to 88-379 COMMON COUNCIL FEBRUARY 19, 2001 Resurfice Corporation of Elmira, Ontario, for a complete rebuild, at a cost estimate of $34,770, plus tax, as per its proposal. Question being taken, the motion was carried. 13. Council Minutes Re Pits And Quarries On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the report from the City Manager further to the discussion at the last meeting regarding the proposed By-law amendments with respect to the new "PQ" Pits and Quarries By-law, Council having on a number of occasions discussed the standards contained in the By-law and having wished to examine the Council minutes prior to third reading of it; and submitting excerpts from the minutes of the various Council meetings when the By-law was discussed, with the areas of discussion highlighted for Council's convenience, be received and filed. During discussion Mr. Nugent, having reviewed the re-zoning process from the time Council authorizes the advertising for the public hearing to consider proposed amendments, expressed the view that, when the public hearing is over, that is the end of the opportunity for any interested citizens to speak to Council to try to convince Council to see it their way, although Council has the opportunity to ask any questions to staff at any time prior to third reading; and, on the issue of changes to the proposed by-law, Mr. Nugent commented on the issue of what constitutes substantial change on the basis of the rule that Council may make changes to any by-law at any time before giving third reading to the by-law; however, there is a single caveat that applies to the Zoning By-law which says that the change that Council might make prior to giving third reading must not be a substantial one; and expressed the view that, although the term substantial is not defined in the Community Planning Act and he could not find any cases in New Brunswick that deal with the application of the provision, what it means is fairly clear when one looks at the process set out by the Act for adopting zoning by-laws and this goes back to the nature of the advertising that must be published in that people must be able to read the notice published in the newspaper and know, with clarity, what it is that is being proposed as change, the purpose of this being so that they can decide whether or not they are in favour of or opposed to it and whether or not they want to make a submission to Council. Mr. Nugent spoke to the hours of work issue based on the single reason that everybody appreciates its importance to the residents and the operators who had the opportunity to come to Council on the basis of the notice published which indicated that the proposed amendment could be seen at the Common Clerk's Office and, as submissions to Council were made on the basis of the hours of operation set out in the proposed by-law, to alter the hours of work proposed by, for example adding three hours on or taking three hours off, Council would have to ask itself if that would be a change that a reasonable person would anticipate would illicit a desire by anybody who could be affected by that change to make a further submission to Council; and he did not think there could be any doubt in any reasonable person's mind that, if Council were to make that change, indeed there would be people who would want to come before Council and make a submission, and they would not have an opportunity to do so because the public hearing is over; so Council could not make those changes without starting the process again. Mr. Nugent added that, while there was no definition, the means by which Council could assess whether or not it would be a change that could be adopted and avoid a successful challenge to it was quite clear; and gave as example of a change that would be contrary to the whole premise upon which the public hearing process took place and one on which there could not be much doubt that the operators would be interested in letting Council know what they thought about that, that being the issue proposed to impose upon operators a fee of a dollar per ton or a dollar per truck, so Council would not have a chance to make any significant, substantial changes, other than by authorizing the Common Clerk to advertise what it was that Council intended to consider. Question being taken, the motion was carried. 88-380 COMMON COUNCIL FEBRUARY 19, 2001 14. (a) Municipal Plan Amendment; (b) Re-Zoning To Establish New Pits And Quarries Zone 14{a) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", with respect to pits and quarries, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", with respect to pits and quarries, be read a third time and enacted and the Corporate Common 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. 14{b) On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John", with regard to pits and quarries, 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 Ball Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-549 A Law To Amend The Zoning By-law Of The City Of Saint John", with regard to pits and quarries, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-549 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. 15. Zoning By-law Amendment To Re-Zone Property At 395 Manchester Avenue On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-550 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 395 Manchester Avenue, also identified as being NBGIC Number 00408294 and a portion of the parcel of land identified as NBGIC Number 00409011, from "RS-2" One and Two Family Suburban 88-381 COMMON COUNCIL FEBRUARY 19, 2001 Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-550 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. 16. Zoning By-law Amendment To Re-Zone Property At 2614 Golden Grove Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-551 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 2614 Golden Grove Road, also identified as being all or part of NBGIC Numbers 5503310,00350595 and 00351650), from "RF" Rural and "RFM" Rural Mobile Home to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-551 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 17. Zoning By-law Amendment To Re-Zone Property At 1450 Golden Grove Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-552 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (1) a portion of the parcel of land at 1450 Golden Grove Road, also identified as being NBGIC Number 00348995, from "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, and (2) two parcels of land identified as being NBGIC Numbers 00355123 and 55006472, from "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-552 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. 18. Zoning By-law Amendment To Re-Zone Property At 1523-1657 Sand Cove Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-553 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns re-zoning the three parcels of land at 1523 - 1657 Sand Cove Road, also identified as being NBGIC Numbers 55110910,00403493 and 55092001, from "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-553 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. 88-382 COMMON COUNCIL FEBRUARY 19, 2001 19. Zoning By-law Amendment To Re-Zone Property At 107 TwiliQht Avenue On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-554 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 107 Twilight Avenue, also identified as being NBGIC Number 00353185, from "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-554 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. 20. Zoning By-law Amendment To Re-Zone Property At 1111 Churchland Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-555 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 1111 Churchland Road, also identified as being NBGIC Number 00352047, from "RFM" Rural Mobile Home and "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-555 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. 21. Zoning By-law Amendment To Re-Zone Property At 873 Hillcrest Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-556 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 873 Hillcrest Road, also identified as being NBGIC Number 00309906, from "RF" Rural, "RS-1 M" One and Two Family Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-556 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 with Councillor Vincent voting "nay'. (Councillor Vincent withdrew from the meeting as he was not present for the February 5, 2001 public hearings with regard to the proposed re-zoning of property at 2400 Ocean Westway, 2740-2810 Golden Grove Road, 460 Latimer Lake Road, 360- 370 Latimer Lake Road, 1003 Latimer Lake Road, 913 Latimer Lake Road, 990 Grandview Avenue, and adjacent to MacKay Highway and Fox Farm Road interchange.) 88-383 COMMON COUNCIL FEBRUARY 19, 2001 22. Zoning By-law Amendment To Re-Zone Property At 2400 Ocean Westwav On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-557 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (1) a portion of the parcel of land at 2400 Ocean Westway, also identified as being NBGIC Number 00286500, from "RS-2" One and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, and (2) two parcels of land identified as being NBGIC Numbers 00287490 and 00287508, from "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-557 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. 23. Zoning By-law Amendment To Re-Zone Property At 2740-2810 Golden Grove Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-558 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the parcel of land at 2740-2810 Golden Grove Road (NBGIC Number 00351239), from "RFM" Mobile Home Rural and "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-558 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. 24. Zoning By-law Amendment To Re-Zone Property At 460 Latimer Lake Road On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-559 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 460 Latimer Lake Road (NBGIC Number 00334565), from "RF" Rural and "RS-1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-559 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. 25. Zoning By-law Amendment To Re-Zone Property At 360-370 Latimer Lake Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-560 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the parcel of land at 360-370 Latimer Lake Road (NBGIC Number 00335232), from "RF" Rural and "RS-2" One and Two Family Suburban 88-384 COMMON COUNCIL FEBRUARY 19, 2001 Residential and "RS-1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-560 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. 26. Zoning By-law Amendment To Re-Zone Property At 1003 Latimer Lake Road On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-561 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (1) the parcel of land at 1003 Latimer Lake Road (NBGIC Number 0032409), from "RS-1" One and Two Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries classification; and (2) the portion of land used for a part of the access road and being part of the parcel of land identified as NBGIC Number 00331124, from "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-561 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. 27. Zoning By-law Amendment To Re-Zone Property At 913 Latimer Lake Road On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P. 100-562 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning the two parcels of land at 913 Latimer Lake Road (NBGIC Numbers 00333526 and 55149256), from "RS-1" One and Two Family Suburban Residential and "RS-1 M" One and Two Family Mobile Home Suburban Residential to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-562 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. 28. Zoning By-law Amendment To Re-Zone Property At 990 Grandview Avenue On motion of Councillor Ball Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-563 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the parcel of land at 990 Grandview Avenue (NBGIC Number 00337964), from "RS-2" One and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-563 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. 88-385 COMMON COUNCIL FEBRUARY 19, 2001 29. Zoning By-law Amendment To Re-Zone Property Adiacent To MacKav HiQhwav & Fox Farm Road On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that third reading of the proposed Zoning By-law amendment to re-zone the parcel of land adjacent to the MacKay Highway and Fox Farm Road Interchange (NBGIC Number 00297820), from "RF" Rural to "PQ" Pits and Quarries classification, be laid on the table pending the Department of Environment assessment. Question being taken, the tabling motion was carried with the Mayor and Councillor Desmond voting "nay". 30. 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, February 12, 2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the City of Saint John acquire, for use as a public street, the fee simple interest in 11,842 square feet :t of land located within the limits of the street requirement for Lower Cove Loop, as generally shown on the submitted plan, from Irving Oil Limited for the price of $7.37 per square foot ($87,281:t), plus HST, if applicable. February 19, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 30.1. Land Acquisition For Lower Cove Loop On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 31. Planning Advisory Committee - Public Utilitv Easements. 1035 Hillcrest Road On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed subdivision at 1035 Hillcrest Road, with respect to any required public utility easement from Hillcrest Road. Question being taken, the motion was carried. 88-386 COMMON COUNCIL FEBRUARY 19, 2001 32. Planning Advisory Committee - Subdivision Assent For Street WideninQ Purposes. 551-567 Rothesay Avenue On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 185-square-metre, 144-square-metre and 163-square-metre portion of the MacKnight Motors properties, located at 551-567 Rothesay (NBIC Numbers 306118,304576 and 304584), as generally illustrated on the submitted plans entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John County, New Brunswick. " Question being taken, the motion was carried. 33. Saint John Harbour Bridge Authority BudQet For Year EndinQ March 31. 2002 On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31,2002 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. 34. Dale O. Mott - Re-ZoninQ Of 1382 Hickey Road On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the application of Dale O. Mott for the re-zoning of property located at 1382 Hickey Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 2, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 35. Lori & Donald Landry - Development Of Renforth BOQ Area At Top Of Fox Farm Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Lori and Donald Landry advising their concern about the safety of their well water and the future of the environment in their community with the proposed development of the Renforth bog area at the top of Fox Farm Road in Rothesay, be received and filed. Question being taken, the motion was carried. 36. Horst Sauerteig - Crane Mountain Landfill And Community Environment MonitorinQ AQreement On motion of Councillor Chase Seconded by Councillor Ball RESOLVED that the letter from Horst Sauerteig referring to the Crane Mountain landfill and the Community Environment Monitoring Agreement between the Fundy Region Solid Waste Commission and the Fundy Future Environment and Benefits Council, as well as to the City Solicitor's report 88-387 COMMON COUNCIL FEBRUARY 19, 2001 to Council on February 5, 2001 regarding expenditures in the host community, and commenting on the question of the extent of host communities, be received and filed. Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, noted his letter to the Commission (copies of which were forwarded to Council members as an information item), urging the Commission to resolve to have the legal authority confirmed by the Province and, if necessary, to ask the Province to take the steps needed to legislate the spending authority; and made the observation that, notwithstanding the legal advice to Council that the spending of that money off-site is not legal, the only thing he could do would be to register a nay vote should the Benefits Council seek the Commission's approval of applications for such spending. Question being taken, the motion was carried. 37. R.L. (Bob) Duplisea - Simonds Centennial Arena On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from R.L. (Bob) Duplisea expressing support for the members of Council who have stepped forward to protect the Simonds Centennial Arena, be received and filed. Question being taken, the motion was carried. 38. Saint John Board Of Trade - Nominee To Saint John Development Corporation Board On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from the Saint John Board of Trade nominating Bill MacMackin, its incoming President, to serve as its representative on the Board of the Saint John Development Corporation, further to the recently signed Waterfront Development Agreement, be received and the nominee be accepted. The initial motion proposed, but not seconded, was to refer the matter to the Nominating Committee, whereupon the Mayor advised that the appointment would be automatic, with no referral to the Nominating Committee, according to the Waterfront Funding Agreement which indicates that each of the partners can nominate a member, thus the motion should be to accept the Board of Trade's nominee. Mr. Nugent suggested that, as he was uncertain as to whether or not the increased number of directors on Saint John Development Corporation had yet been achieved, probably the appropriate resolution would be to make the appointment immediately upon the increase in the number of directors being achieved. The Mayor expressed the understanding, with the Agreement signed, the meetings now include the new nominees, and advised that it was her request that the Board of Trade, Uptown Saint John and Enterprise Saint John make Council aware of whom their nominees are, and the above letter was doing that. Mr. Nugent commented further in terms of the current structure of the Board of the Saint John Development Corporation being fixed with a maximum number of directors and part of the Waterfront Funding Agreement was that the necessary steps would be undertaken to increase the size of the Board of Directors, and that there was some discussion with the Solicitor for the Corporation as to the appropriate means to achieve that, although he did not think that has yet been done. Moved in amendment by Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the appointment be made immediately upon the increase in the number of directors being achieved. Question being taken, the amendment to the motion was carried with the Mayor voting "nay". Question being taken, the motion, as amended, was carried. 88-388 COMMON COUNCIL FEBRUARY 19, 2001 Adiournment The meeting adjourned. Common Clerk