MINUTES OF A REGULAR MEETING OF FREDERICTON CITY COUNCIL MONDAY, MARCH 26, 2012 Minutes of the Regular Meeting of Fredericton City Council held on Monday, March 26, 2012, at 7:30 p.m. in the Council Chamber, City Hall, Fredericton. ATTENDANCE Attendance Council: Mayor Brad Woodside, Deputy Mayor David Kelly, Councillors Stephen Chase, Jordan Graham, Steven Hicks, Dan Keenan, Stephen Kelly, Marilyn Kerton, Scott McConaghy, Eric Megarity, and Tony Whalen. Staff: Brenda L. Knight, City Clerk/Manager of Legislated Services Chris MacPherson, Chief Administrative Officer Barry MacKnight, Police Chief Philip Toole, Fire Chief Wayne Tallon, Director of Community Services Murray Jamer, Director of Engineering & Public Works Jane Blakely, Director of Corporate Services Tina Tapley, Director of Finance/City Treasurer Alex Forbes, Assistant Director of Development Services Michelle Brzak, City Solicitor Sean Lee, Manager of Engineering Services Wayne Knorr, Manager, Corporate Communications Alicia Keating, Assistant City Treasurer Katie Shanks, Financial Project Manager Alycia Morehouse, Climate Change Coordinator Karen Garrett, Recording Secretary Absent: Councillor Bruce Grandy Councillor Mike O’Brien APPROVAL OF MINUTES Moved by Councillor Steven Hicks, seconded by Councillor Marilyn Kerton THAT the Minutes of the Regular City Council meeting of Monday, February 13, 2012, be approved as circulated. CARRIED UNANIMOUSLY Approval of Minutes Regular City Council Meeting – March 26, 2012 PRAYER page 2 Prayer Rev. Paul Ross was present and led Council in prayer. 25-YEAR SERVICE AWARDS 25-Year Service Award Presented to Harold Boone Mayor Brad Woodside paid tribute to Harold Boone, Parks and Trees Division, for his achievements throughout his dedicated career with the City, and presented him with a framed certificate, watch, and pewter pin. Mayor Woodside and Members of Council offered personal congratulations to Mr. Boone. GREEN MATTERS ESSAY CONTEST WINNERS His Worship Mayor Brad Woodside announced the winners of the City of Fredericton’s Green Matters Essay Contest. This year’s contest featured a “Back to Nature” theme, and over 150 submissions were received. Assisted by Lion Jim Aucoin, Nashwaaksis Lions Club President, Mayor Woodside presented the following awards: School Division Kingsclear Consolidated School – School Prize Honourable mention to Royal Road School, Montgomery School, and École Ste-Anne Middle School level. Grade K to 2 Division Celia Fournier – 1st Place & Creativity, Park Street School Grade 3 to 5 Division Ivy Cowland – 1st Place, Kingsclear Consolidated School Colin Cyr – 1st Place, Garden Creek School Middle School Division Georgia Chase – 1st Place, George Street Middle School Dorcas Tshimenga – 2nd Place & Creativity, École Ste-Anne Green Matters Essay Contest Winners Regular City Council Meeting – March 26, 2012 page 3 High School Division Alex Landine, 1st Place, Fredericton High School Will Jo – 2nd Place, Fredericton High School Ellen Li – Creativity, Fredericton High School PRESENTATION FROM JOHN COLLINS, CHAIR OF THE Presentation from John Collins, Chair of the 2011 2011 KILLARNEY CUP POND HOCKEY TOURNAMENT Killarney Cup Pond Hockey Mr. John Collins, Chair of the 2011 Killarney Cup Pond Hockey Tournament Tournament, on behalf of the Fredericton North Rotary Club and organizers of the Hockey Tournament, expressed appreciation for the support given by the City of Fredericton. In particular, Mr. Collins expressed sincere thanks to Wayne Tallon, Director of Community Services, and his dedicated staff, for providing their time and expertise. Mr. Collins presented Mayor Woodside with a plaque, which will be proudly displayed at Willie O’Ree Place. Motion to Add “2011 City of Fredericton Audited Consolidated Financial Statement” and “Extension of Quadripartite Agreement for City Policing Services to Moved by Councillor Jordan Graham, seconded by Councillor Saint Mary’s First Nation” Tony Whalen THAT the reports entitled “2011 City of Fredericton to the City Council Agenda Audited Consolidated Financial Statement” and “Extension Of Quadripartite Agreement For City Policing Services to Saint Mary’s First Nation” to the City Council Agenda be added to the City Council Agenda as Items 7.B. and 7.C., respectively. CARRIED UNANIMOUSLY MOTION TO ADD “2011 CITY OF FREDERICTON AUDITED CONSOLIDATED FINANCIAL STATEMENT” AND “EXTENSION OF QUADRIPARTITE AGREEMENT FOR CITY POLICING SERVICES TO SAINT MARY’S FIRST NATION” TO THE CITY COUNCIL AGENDA 2011 CITY OF FREDERICTON AUDITED CONSOLIDATED 2011 City of Fredericton Audited Consolidated FINANCIAL STATEMENT Financial Statement Councillor Jordan Graham, Chair of the Finance and Administration Committee, introduced Roger Bastarache, Chartered Accountant with Ernst & Young, who noted that the audit had been conducted in accordance with the Public Sector Accounting Board (PSAB) accounting standards set for governments by the Canadian Institute of Chartered Accountants. Mr. Bastarache was pleased to issue a favourable audit opinion to the City of Fredericton. Regular City Council Meeting – March 26, 2012 Comments by Councillor Jordan Graham page 4 Comments by Jordan Graham Councillor Councillor Jordan Graham commented that he has learned that a great deal of the financial security enjoyed by the City of Fredericton is a direct result of the leadership shown by City Council, as well as from within the ranks of employees and staff. Council has adopted a strong, long-term financial plan; not only keeping the books balanced, but meeting the expectations of today, while allowing for the future. The long-term financial plan accounted for very important and specific points: To remain financially sustainable and resilient To make sure the City spends the right dollars, on the right things, at the right time To be good stewards of tax payers’ dollars To find a way to balance the today’s funding dollars, while building towards a City of tomorrow Councillor Graham expressed pride with the 2011 audit report results, and credited City Staff for their great work and dedication. Job well done! Mayor Woodside and Members of Council expressed appreciation to Councillor Jordan Graham, for his hard work and dedication as Chair of the Finance and Administration Committee. Moved by Councillor Jordan Graham, seconded by Councillor Stephen Chase THAT City Council adopt the following resolution BE IT RESOLVED that the audited consolidated financial statement of the City of Fredericton, for the Year Ended December 31, 2011, submitted by Ernst & Young, be received. CARRIED UNANIMOUSLY BY-LAW REAFFIRMATIONS A report was received from the Planning Advisory Committee reaffirming its position with respect to the following by-laws: 1. By-law No. Z-2.783 – 866-872 Regent Street (62155955 Canada Inc.) 2. By-law No. Z-2.786 – 665 George Street (Newmarket Properties Inc.) By-law Re-affirmations Regular City Council Meeting – March 26, 2012 page 5 3. By-law No. Z-2.787 – 671 Prospect Street (Andal Corporation Ltd.) 4. By-law No. Z-2.788 – Hanwell Road (JD Irving Ltd.) 5. By-law No. Z-2.789 – Hanwell Road/Langille Drive Extension (Oak Ridge Manufacturing Inc.) 6. By-law No. Z-2.790 – 1012 Prospect Street (Dr. Ali Crandlemire) 7. By-law No. Z-2.793 – 105 Claremont Drive (Douglas & Deborah MacDonald) Moved by Councillor Marilyn Kerton, seconded by Councillor Steven Hicks THAT the report of the Planning Advisory Committee be received. CARRIED UNANIMOUSLY Due to being absent from the City Council Meeting held on February 27, 2012, when Hearing of Objections took place, Councillor Jordan Graham and Marilyn Kerton excused themselves from the Council Chamber at 8:14 p.m. REZONING – 678, 690, 692 AND 700 UNION STREET (MARX Rezoning – 678, 690, 692 and 700 Union Street (Marx MILES & UNION STATION LTD.) Miles & Union Station Ltd.) Administrative Report – Development Services Department Moved by Councillor Stephen Chase, seconded by Councillor Tony Whalen THAT City Council receive the Administrative Report from the Development Services Department, opting for the removal of the two townhouse buildings. CARRIED UNANIMOUSLY Adoption of Terms and Conditions, as amended Moved by Councillor Stephen Chase, seconded by Councillor Tony Whalen THAT the following amended terms and conditions be adopted pursuant to Section 39 of the Community Planning Act, in regard to an amendment to the Zoning By-law (Z-2) to rezone a portion of the subject property from Residential Zone Four-B to Residential Zone Nine-A, in order to construct two 30-unit apartment buildings, as laid out in draft By-law No. Z-2.778: a) The site be developed generally in accordance with Map III(a) dated March 7, 2012 to the satisfaction of the Development Officer. b) A final plan of subdivision be submitted substantially in accordance with Map III attached to Planning Report 131/11 to Adoption of Terms and Conditions, as amended Regular City Council Meeting – March 26, 2012 page 6 the satisfaction of the Development Officer in order that the subject properties be consolidated prior to issuance of a building permit. c) Development on the site shall be limited to 60 dwelling units. d) Access, servicing, lot grading and storm water management be to the satisfaction of the Director of Engineering and Public Works. e) The design of the apartment buildings and townhouse buildings be substantially in accordance with Maps IV(a) dated March 7, 2012 and V to the satisfaction of the Development Officer. f) Any required Wetland & Watercourse Alteration Permit from the Dept. of Environment be obtained. g) A detailed parking and landscaping plan be provided to the satisfaction of the Development Officer prior to issuance of a building permit. Particular emphasis will be placed on the landscape area as shown on Map III(a) which could include the following elements such as trees, shrubs, plantings, fencing or a combination thereof. h) Any necessary easements including the reconfigured Municipal Services Easement and private storm sewer easement be granted gratuitously to the City of Fredericton or other utilities. i) A traffic study is required to review access at this location to the satisfaction of the Director of Engineering and Public Works. Any requirements resulting from the study are the responsibility of the applicant. j) The applicant must consult with Archaeological Services at the Province of New Brunswick to ensure that the development does not contravene the Heritage Conservation Act of 2010. CARRIED UNANIMOUSLY Third Reading of By-law No. Z-2.778 Moved by Councillor Stephen Chase, seconded by Councillor Tony By-law No. Z-2.778 Read by Whalen THAT By-law No. Z-2.778, A By-law to Amend By-law No. Section Number Z-2, A Zoning By-law for the City of Fredericton, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. Z-2.778 was read by section number and is attached to these Minutes as Appendix 1. Regular City Council Meeting – March 26, 2012 page 7 Moved by Councillor Stephen Chase, seconded by Councillor Tony By-law No. Z-2.778 Given Whalen THAT By-law No. Z-2.778, A By-law to Amend By-law No. Third Reading Z-2, A Zoning By-law for the City of Fredericton, be given third reading by title. CARRIED UNANIMOUSLY Councillors Jordan Graham and Marilyn Kerton returned to the Council Chamber at 8:19 p.m. PUBLIC HEARING – REZONING, ZONING AMENDMENT Public Hearing - Rezoning, AND SUBDIVISION – 866 & 872 REGENT STREET (6215955 Zoning Amendment and Subdivision – 866 & 872 CANADA INC.) Regent Street (6215955 A Public Hearing was held in the Council Chamber, City Hall, to hear Canada Inc.) objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2) by rezoning property located at 866 Regent Street from Convenience Store Zone (C.O.S.) to Residential Zone Three-A (R-3A), and to amend the C.O.S. Zone in order to permit an accessory food service at 872 Regent Street, as well as to subdivide the subject property to create one (1) R-3A. The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.783 Moved by Councillor Stephen Kelly, seconded by Councillor Dan By-law No. Z-2.783 Given Keenan THAT By-law No. Z-2.783, A By-law to Amend By-law No. First Reading Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Stephen Kelly, seconded by Councillor Dan By-law No Z-2.783 Given Keenan THAT By-law No. Z-2.783, A By-law to Amend By-law No. Second Reading Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY Consideration of the proposed subdivision will take place following third reading of the proposed by-law. Regular City Council Meeting – March 26, 2012 page 8 ZONING AMENDMENT – 105 Public Hearing – Zoning (J. DOUGLAS AND DEBORAH Amendment – 105 Claremont Drive (J. Douglas and Deborah A Public Hearing was held in the Council Chamber, City Hall, to hear MacDonald) objections and/or support to a proposed by-law to amend the Zoning By-law, under the Residential Zone Two (R-2), in order to permit a temporary detached dwelling unit (garden suite) at 105 Claremont Drive. PUBLIC HEARING – CLAREMONT DRIVE MACDONALD) The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.793 Moved by Councillor Dan Keenan, seconded by Councillor Marilyn By-law No. Z-2.793 Given Kerton THAT By-law No. Z-2.793, A By-law to Amend By-law No. First Reading Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Dan Keenan, seconded by Councillor Marilyn By-law No Z-2.793 Given Kerton THAT By-law No. Z-2.793, A By-law to Amend By-law No. Second Reading Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY PROCLAMATIONS Proclamations Mayor Brad Woodside read the following proclamations: DAFFODIL DAY AND MONTH WHEREAS: Another Canadian is diagnosed with cancer every three minutes; and WHEREAS: The Canadian Cancer Society is working to eradicate all cancers and improve the quality of life for people living with cancer; and WHEREAS: Daffodil Month and Daffodil Day are opportunities for residents of Fredericton to show their support in the fight against cancer. THEREFORE: I, Brad Woodside, Mayor of the City of Fredericton, do hereby proclaim the month of April 2012 to be Daffodil Month and April 27th, 2012 to be Daffodil Day and strongly encourage all residents of Fredericton to continue to recognize and support the Canadian Cancer Society and the fight against cancer. Daffodil Day and Month Regular City Council Meeting – March 26, 2012 RECORDS AND INFORMATION MANAGEMENT MONTH page 9 Records and Information Management Month WHEREAS: ARMA International is an association of records, information and knowledge management professionals; and WHEREAS: The ARMA Atlantic Chapter is one of 150 chapters of ARMA International. The Association has over 10,000 members worldwide such as records managers, IT Managers, legal professionals, educators, archivists, corporate librarians, consultants, and image specialists; and WHEREAS: The ARMA Atlantic Chapter is committed to promoting the profession by leveraging the value of records, information and knowledge as corporate assets through resources, education and networking opportunities to the profession and strategic partners; and WHEREAS: The ARMA Atlantic Chapter is committed to professional excellence and values accountability, integrity, leadership and good governance; and WHEREAS: Control of records and information reduces risk and liability. Legislative compliance is essential; and WHEREAS: The City of Fredericton continues to face the challenges of competition, customer service, globalization and technology, proper management of records and information is critical. THEREFORE: I, Mayor Brad Woodside, on behalf of the City of Fredericton, do hereby proclaim the month of April 2012 to be Records Information Management Month. FREDERICTON 5th Annual Hike for Hospice Fredericton (April 5-May 5 & May 6) A request was received from Sharon Hamilton for approval to hold the 5th Annual Hike for Hospice at Killarney Lake, and to conduct a doorto-door food drive. 5TH ANNUAL HIKE FOR (APRIL 5-MAY 5 & MAY 6) HOSPICE Moved by Councillor Stephen Chase, seconded by Councillor Steven Hicks THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to Hospice Fredericton to hold their 5th Annual Hike for Hospice Fredericton at Killarney Lake Rotary Centennial Lodge (and the surrounding trail system) on Sunday, May 6, 2012; AND Regular City Council Meeting – March 26, 2012 page 10 BE IT FURTHER RESOLVED that permission be granted to Hospice Fredericton volunteers to conduct a door-to-door fundraising campaign in the City of Fredericton from Thursday, April 5 to Saturday, May 5, 2012. CARRIED UNANIMOUSLY 15) Cops for Cancer Run/Walk (April 15) A request was received from Lloyd Chambers for approval to hold the Cops for Cancer Run/Walk on April 15, 2012. COPS FOR CANCER RUN/WALK (APRIL Moved by Councillor Dan Keenan, seconded by Councillor Scott McConaghy THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to the Canadian Cancer Society, New Brunswick Division, to hold the Cops for Cancer Run/Walk on Sunday, April 15, 2012, along the proposed route. CARRIED UNANIMOUSLY Transplant Trot (April 15) TRANSPLANT TROT (APRIL 15) A request was received from John Acheson for approval to hold the Transplant Trot on April 15, 2012. Moved by Councillor Scott McConaghy, seconded by Councillor Jordan Graham THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to The Running Room, Kings Place Store, to hold the Transplant Trot on Sunday, April 15, 2012, along the requested route. CARRIED UNANIMOUSLY LUMINARY LANE CEREMONY (APRIL 16) A request was received from Lloyd Chambers for approval to hold a Flag Raising and Luminary Lane Ceremony on April 26, 2012. Moved by Councillor Marilyn Kerton, seconded by Councillor Tony Whalen THAT City Council adopt the following resolution: BE IT RESOLVED that the approval be given to New Brunswick Division of the Canadian Cancer Society to hold a Flag Raising and Luminary Lane Ceremony (April 16) Regular City Council Meeting – March 26, 2012 page 11 Luminary Lane Ceremony on Thursday, April 26, 2012, subject to adherence to City staff’s recommendations. CARRIED UNANIMOUSLY MARRIOTT WALK FOR IWK (MAY 5) Marriott Walk for IWK (May 5) A request was received from Stephanie Belisle for approval to hold the Marriott Walk for the IWK on May 5, 2012. Moved by Deputy Mayor David Kelly, seconded by Councillor Eric Megarity THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to hold the Marriott Walk for IWK Health Centre on Saturday, May 5, 2012 (or on the rain date of Saturday, May 26th) along the requested route. CARRIED UNANIMOUSLY MENTAL HEALTH AWARENESS WALK (MAY 7) Mental Health Awareness Walk (May 7) A request was received from Becky Arseneault for approval to hold the Mental Health Awareness Walk on May 7, 2012. Moved by Councillor Stephen Kelly, seconded by Councillor Stephen Chase THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to the Canadian Mental Health Association, New Brunswick Division, to hold their Mental Health Awareness Walk during Mental Health Week 2012 on Monday, May 7, 2012 along the requested route, subject to staff recommendations. CARRIED UNANIMOUSLY CANADIAN CANCER SOCIETY RELAY FOR LIFE (JUNE 8-9) A request was received from Lloyd Chambers for approval to hold the Relay for Life event on June 8th & 9th, 2012. Moved by Councillor Tony Whalen, seconded by Councillor Steven Hicks THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to the New Brunswick Division of the Canadian Cancer Society to hold their Relay for Canadian Cancer Society Relay for Life (June 8-9) Regular City Council Meeting – March 26, 2012 page 12 Life on the FREX grounds from 7:00 p.m. on Friday, June 8, to 7:00 a.m. on Saturday, June 9, 2012, subject to staff recommendations being met; AND BE IT FURTHER RESOLVED that an exemption be granted to the New Brunswick Division of the Canadian Cancer Society from the provisions of Section 1 of By-law No. S-13, being A By-law Respecting Disturbance by Noise, for events occurring as part of the Relay For Life, being held on the FREX grounds from 7:00 p.m. Friday, June 8, 2012 to 7:00 a.m., Saturday, June 9, 2012. CARRIED UNANIMOUSLY Walk for ALS (June 10) WALK FOR ALS (JUNE 10) A request was received from Carol Cottrill for approval to hold the Walk for ALS on June 10, 2012. Moved by Councillor Eric Megarity, seconded by Councillor Jordan Graham THAT City Council adopt the following resolution: BE IT RESOLVED that approval be given to the ALS Society of New Brunswick to hold their Walk for ALS on Sunday, June 10, 2012 along the City’s Southside waterfront walking trail. CARRIED UNANIMOUSLY Councillor Tony Whalen was absent from the Council Chamber when the vote was taken. REZONING – Municipal Plan Amendment (SPRINGHILL & Rezoning – McMinniman Court Extension (Springhill Infrastructure Ltd.) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Springhill Infrastructure Ltd., and recommended approval, subject to terms and conditions. MUNICIPAL PLAN AMENDMENT & MCMINNIMAN COURT EXTENSION INFRASTRUCTURE LTD.) Moved by Councillor Scott McConaghy, seconded by Councillor Steven Hicks THAT City Council adopt the following resolution: BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Springhill Infrastructure Ltd. for a Municipal Plan Amendment from Open Space and Future Development to Regular City Council Meeting – March 26, 2012 page 13 Residential, to rezone a portion of land from Future Development (F.D.) to Residential Zone Two (R-2) and Open Space (O.S.); AND that the land to be added to the public right-of-way for the extension of McMinniman Court be approved, and that the 8% public land dedication for subdivision to create 42 residential building lots on an extension of McMinniman Court, be taken in land as shown on Map IV, be received. CARRIED UNANIMOUSLY Resolution Resolution Moved by Councillor Scott McConaghy, seconded by Councillor Steven Hicks THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee that Bylaw No. Z-2, The Zoning By-law for the City of Fredericton, be amended by rezoning a portion of the property located of an extension of McMinniman Court as indicated on Schedule “A” attached to and forming part of this resolution, from Future Development Zone (F.D.) to Residential Zone Two (R-2) and Open Space Zone (O.S.); AND WHEREAS an amendment to the Municipal Plan is required; BE IT RESOLVED that the Council hereby directs that an appropriate by-law to amend the Municipal Plan be prepared to redesignate a portion of the property shown on Schedule “B”, attached to and forming part of this resolution, from “Future Development” and “Open Space” to “Residential”; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 25 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Tuesday, April 10, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the public presentation of the proposed by-law. CARRIED UNANIMOUSLY Schedules “A” and “B” are attached to these Minutes as Appendix 2. ZONING AMENDMENT – 8 GILBERT STREET (KEVIN Zoning Amendment – 8 Gilbert Street (Kevin MCKINLEY) McKinley) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Kevin McKinley and recommended approval, subject to terms and conditions Regular City Council Meeting – March 26, 2012 page 14 Moved by Councillor Scott McConaghy, seconded by Councillor Eric Megarity THAT City Council adopt the following resolution: BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Kevin McKinley to amend the Highway Commercial (H.C.) Zone to permit a self-storage facility at 8 Gilbert Street, be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Councillor Scott McConaghy, seconded by Councillor Jordan Graham THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee recommending that By-law No. Z-2, A Zoning By-law for The City of Fredericton, be amended under the Highway Commercial Zone (H.C.) in order to permit a self-storage facility on property located at 8 Gilbert Street, as indicated on Schedule “A” attached to and forming part of this resolution; subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 3. STREET Zoning Amendment – 311 St. Mary’s Street (Peter Perry) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Peter Perry, and recommended approval, subject to terms and conditions. ZONING AMENDMENT (PETER PERRY) – 311 ST. MARY’S Moved by Councillor Marilyn Kerton, seconded by Councillor Tony Whalen THAT City Council adopt the following resolution: Regular City Council Meeting – March 26, 2012 page 15 BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Peter Perry, on behalf of Nekashfe Investments NB Inc., to amend the Highway Commercial (H.C.) Zone to permit a retail store in excess of 300 square metres, an outdoor market, and the sale of goods held on a periodic basis not exceeding three days at 311 St. Mary’s Street, be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Councillor Marilyn Kerton, seconded by Councillor Eric Megarity THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee recommending that By-law No. Z-2, A Zoning By-law for The City of Fredericton, be amended under the Highway Commercial Zone (H.C.) in order to permit a retail store in excess of 300 square metres, an outdoor market, and the sale of goods on a periodic basis, not exceeding three (3) days, on property located at 311 St. Mary’s Street, as indicated on Schedule “A” attached to and forming part of this resolution; subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 4. (COLPITTS Rezoning – High Point Boulevard (Colpitts Developments) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Colpitts Developments, and recommended approval, subject to terms and conditions. REZONING – HIGH DEVELOPMENTS) POINT BOULEVARD Moved by Councillor Marilyn Kerton, seconded by Councillor Steven Hicks THAT City Council adopt the following resolution: Regular City Council Meeting – March 26, 2012 page 16 BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Colpitts Developments to rezone property from Future Development (FD) to Residential Zone Two (R-2), Residential Zone Two-B (R-2B), Residential Zone Five (R-5), Residential Zone Six (R-6) and Park (P); to rezone a portion from R-2, Open Space (O.S.) and Residential Zone Nine (R-9) to R-5 , Residential Zone Nine-A (R-9A) and R-6; to rezone from R-5 to R6 and R-2; and to rezone from R-6 to R-5 on property located off High Point Boulevard (see Map III), be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Councillor Marilyn Kerton, seconded by Councillor Steven Hicks THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee that Bylaw No. Z-2, A Zoning By-law for The City of Fredericton, be amended by rezoning portions of the property located off High Point Boulevard from Future Development Zone (F.D.) to Residential Zone Two (R-2), Residential Zone Two-B (R-2B), Residential Zone Five (R-5), Residential Zone Six (R-6) and Park Zone (P); from Residential Zone Two (R-2), Residential Zone Nine (R-9), and Open Space Zone (O.S.) to Residential Zone Five (R-5), Residential Zone Six (R-6), and Residential Zone Nine-A (R-9A); from Residential Zone Five (R-5) to Residential Zone Two (R-2) and Residential Zone Six (R-6); and, from Residential Zone Six (R-6) to Residential Zone Five (R-5), as indicated on Schedule “A” attached to and forming part of this resolution, subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 5. Regular City Council Meeting – March 26, 2012 page 17 REZONING – 867 REGENT STREET (DARCY & BETH Rezoning – 867 Regent Street (Darcy & Beth SIMON) Simon) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Darcy and Beth Simon, and recommended approval, subject to terms and conditions. Moved by Deputy Mayor David Kelly, seconded by Councillor Stephen Kelly THAT City Council adopt the following resolution: BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Darcy and Beth Simon to rezone property at 867 Regent Street from Residential Zone Two (R-2) to Residential Zone Three (R-3) in order to permit construction of a semi-detached dwelling, be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Deputy Mayor David Kelly, seconded by Councillor Stephen Kelly THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee that Bylaw No. Z-2, A Zoning By-law for The City of Fredericton, be amended by rezoning the property located at 867 Regent Street from Residential Zone Two (R-2) to Residential Zone Three (R-3) in order to permit the construction of a semi-detached dwelling, as indicated on Schedule “A” attached to and forming part of this resolution, subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 6. Regular City Council Meeting – March 26, 2012 REZONING – 709 BISHOP DRIVE (TRADA DEVELOPMENTS) page 18 Rezoning – 709 Bishop Drive (Trada Developments) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Trada Developments and recommended approval, subject to terms and conditions. Moved by Deputy Mayor David Kelly, seconded by Councillor Scott McConaghy THAT City Council adopt the following resolution: BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Trada Developments to rezone property from Service Industrial to Highway Commercial, in order to build a five-storey hotel at 709 Bishop Drive, be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Deputy Mayor David Kelly, seconded by Councillor Scott McConaghy THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee that By-law No. Z-2, A Zoning By-law for The City of Fredericton, be amended by rezoning the property located at 709 Bishop Drive from Service Industrial Zone (S.I.) to Highway Commercial Zone (H.C.) in order to permit the construction of a five-storey hotel, as indicated on Schedule “A” attached to and forming part of this resolution, subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 7. Regular City Council Meeting – March 26, 2012 page 19 REZONING & SUBDIVISION – 2783 WOODSTOCK ROAD Rezoning & Subdivision – 2783 Woodstock Road (MARIO DUPERÉ) (Mario Duperé) The Planning Advisory Committee, at its meeting held on March 21, 2012, considered a recommendation from staff, in relation to an application by Mario Duperé, and recommended approval, subject to terms and conditions. Moved by Councillor Steven Hicks, seconded by Councillor Dan Keenan THAT City Council adopt the following resolution: BE IT RESOLVED that the Report of the Planning Advisory Committee, dated March 22, 2012, with respect to an application submitted by Mario Duperé to rezone a portion of property from Residential Zone Two (R-2) to Residential Zone Six (R-6); AND that the 8% public land dedication be taken in the form of cash and that the extension of Riverfront Way be approved, as shown on Map III for the proposed subdivision to create seventeen (17) R-2 lots and one (1) R-6 Lot at 2783 Woodstock Road, be received along with the recommended terms and conditions. CARRIED UNANIMOUSLY Resolution Resolution Moved by Councillor Steven Hicks, seconded by Councillor Dan Keenan THAT WHEREAS, at the meeting of March 26, 2012, Council received a report of the Planning Advisory Committee that Bylaw No. Z-2, A Zoning By-law for The City of Fredericton, be amended by rezoning the property located at 2783 Woodstock Road from Residential Zone Two (R-2) to Residential Zone Six (R-6), as indicated on Schedule “A” attached to and forming part of this resolution, subject to terms and conditions; BE IT RESOLVED that the Council hereby directs that an appropriate by-law be prepared to amend By-law No. Z-2; that the proposed by-law be referred to the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; and that the regular Council Meeting of Monday, April 23, 2012 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law. CARRIED UNANIMOUSLY Schedule “A” is attached to these Minutes as Appendix 8. Regular City Council Meeting – March 26, 2012 page 20 STREET NAME APPROVAL – “MITCHELL WAYNE DRIVE” & Street Name Approval – “REBA CRESCENT” (HERON DRIVE EXTENSION, CHIPPINS “Mitchell Wayne Drive” & “Reba Crescent” (Heron LTD.) Drive Extension, Chippins The Planning Advisory Committee, at its meeting held on March 21, Ltd.) 2012, considered a recommendation from staff, in relation to an application by Chippins Limited to name two streets for the next phase of the residential development in Heron Heights. Moved by Councillor Steven Hicks, seconded by Councillor Scott McConaghy THAT City Council adopt the following resolution: BE IT RESOLVED that the street names for the next phase of residential development for Heron Heights, to be accessed via Heron Drive and Peters Drive, be named “Mitchell Wayne Drive” and “Reba Crescent” as shown on attached Map 1, be approved. CARRIED UNANIMOUSLY Map 1 is attached to these Minutes as Appendix 9. – “TURNBERRY DRIVE” Street Name Approval – EXTENSION, COLPITTS “Turnberry Drive” (Morning Gate Drive Extension, Colpitts The Planning Advisory Committee, at its meeting held on March 21, Developments) 2012, considered a recommendation from staff, in relation to an application by Colpitts Developments to name a street in the next phase of the residential development in High Point Ridge Subdivision as “Turnberry Drive.” STREET NAME APPROVAL (MORNING GATE DRIVE DEVELOPMENTS) Moved by Councillor Steven Hicks, seconded by Councillor Stephen Chase THAT City Council adopt the following resolution: BE IT RESOLVED that the street name for the next phase of residential development for High Point Ridge, off of Morning Gate Drive, be named “Turnberry Drive” as shown on attached Map 1, be approved. CARRIED UNANIMOUSLY Map 1 is attached to these Minutes as Appendix 10. Regular City Council Meeting – March 26, 2012 page 21 REPORT OF BOARD OF ADMINISTRATORS, FREDERICTON Report of Board of Administrators, Fredericton SUPERANNUATION FUND Superannuation Fund “At a meeting of the Board of Administrators, Fredericton Superannuation Fund, held on March 21, 2012, the Board recommended to extend the custodial services for the pension plan assets to RBC Dexia Investor Services for three years based on the new fee schedule. The estimated annual savings is $12,800 or a 17% fee reduction.” Moved by Councillor Tony Whalen, seconded by Councillor Stephen Chase THAT City Council adopt the following resolution: BE IT RESOLVED that the Council of the City of Fredericton authorize the City Treasurer to extend the custodial services agreement to RBC Dexia Investor Services for a three year period from April 1, 2012 to March 31, 2015 at an estimated annual fee of $62,826; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the necessary legal documents to facilitate this transaction. CARRIED UNANIMOUSLY EXTENSION OF QUADRIPARTITE AGREEMENT FOR CITY Extension of Quadripartite Agreement for City Policing POLICING SERVICES TO ST. MARY’S FIRST NATION Services to St. Mary’s First Moved by Councillor Jordan Graham, seconded by Councillor Eric Nation Megarity THAT City Council adopt the following resolution: BE IT RESOLVED that the Council of the City of Fredericton authorizes the Mayor and City Clerk to execute the two-year extension for the provision of policing services to the Saint Mary’s First Nation by the Fredericton Police Force for the period April 1, 2011 to March 31, 2013 between Her Majesty The Queen In Right of Canada, as represented by the Minister of Public Safety and Emergency Preparedness; and Her Majesty The Queen In Right of the Province of New Brunswick, as represented by the Minister of Public Safety and Solicitor General of New Brunswick; and The City of Fredericton, as represented by the Mayor and City Clerk; and The Saint Mary’s First Nation, as represented by the Chief and Council; and BE IT FURTHER RESOLVED that the period covered by this agreement extension is April 1, 2011 to March 31, 2013; and that the contribution to be paid under the terms of the agreement is $346,767 per year as per Schedule “A” of the Agreement; and Regular City Council Meeting – March 26, 2012 page 22 BE IT FURTHER RESOLVED that the Government of Canada share is 52% or $180,319 per year and the Province of New Brunswick’s share is 48% or $166,448 per year; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the necessary legal documents to facilitate this transaction. CARRIED UNANIMOUSLY TENDER #T12-08, SUPPLY AND PLACEMENT OF ASPHALT Tender #T12-08 Awarded to CONCRETE – ENGINEERING AND PUBLIC WORKS Perfection Paving Ltd. DEPARTMENT Moved by Councillor Jordan Graham, seconded by Councillor Stephen Kelly THAT City Council adopt the following resolution: BE IT RESOLVED that The Council of the City of Fredericton authorizes the award of Tender #T12-08, Engineering and Public Works Department, Supply and Placement of Asphalt Concrete Option #1, Warm Mix Asphalt, to Perfection Paving Ltd., low bidder meeting specifications at the tendered price of Two Million Four Hundred Fifty-Two Thousand Five Hundred Eighty-Two Dollars and Fifty-One Cents ($2,452,582.51) HST Included; AND THAT the Mayor and City Clerk are authorized to execute the necessary legal documents to facilitate this transaction. CARRIED UNANIMOUSLY TENDER #T12-34, SEWER PIPE AND FITTINGS ENGINEERING AND PUBLIC WORKS DEPARTMENT – Tender #12-34 Awarded to Howie R. Bird & Sons Moved by Councillor Jordan Graham, seconded by Councillor Scott McConaghy THAT City Council adopt the following resolution: BE IT RESOLVED that the Council of The City of Fredericton authorizes the award of Tender #T12-34, Sewer Pipe and Fittings, Engineering and Public Works Department, for Package #4, to Howie R. Bird & Sons, low bidder meeting specifications at the tendered price of Seventy-Four Thousand Nine Hundred FortyThree Dollars and Forty Cents ($74,943.40) HST Included, with payment terms of 2% 15th, Net 30. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 QUOTATION #Q11-12 PURCHASE AGREEMENT FOR THE SUPPLY AND DELIVERY OF LIQUID CHLORINE TO THE CITY OF FREDERICTON ENGINEERING AND PUBLIC WORKS DEPARTMENT, WATER AND SEWER DIVISION, ON AN AS AND WHEN REQUIRED BASIS FOR A 12 MONTH PERIOD page 23 Quotation #Q11-12, Supply and Delivery of Liquid Chlorine, Awarded to Brenntag Canada Inc. Moved by Councillor Jordan Graham, seconded by Councillor Tony Whalen THAT City Council adopt the following resolution: BE IT RESOLVED that The Council of the City of Fredericton authorizes the award of Quotation #Q11-12, Purchase agreement for the supply and delivery of liquid chlorine to the City of Fredericton Engineering and Public Works Department, Water and Sewer Division, on an as and when required basis for a 12 month period, to Brenntag Canada Inc., single response bidder meeting specifications, for 907.2 kg cylinders at $1,415.23/cylinder, HST extra, refundable cylinder deposit extra, and 68 kg cylinders at $170.20/cylinder, HST extra, refundable cylinder deposit extra, for the estimated total cost of Fifty-One Thousand Two Hundred Thirty-Five Dollars and Five Cents ($51,235.05) HST extra, refundable cylinder deposits extra. CARRIED UNANIMOUSLY SINGLE SOURCE PURCHASE OF TWO (2) QKM-36 CRAIG Single Source Purchase of QUICK HITCHES (PART# 145489-00) FROM CRAIG Two Quick Hitches, Awarded to Craig MANUFACTURING LTD. – FLEET DIVISION Manufacturing Ltd. Moved by Councillor Jordan Graham, seconded by Councillor Eric Megarity THAT City Council adopt the following resolution: BE IT RESOLVED that the Council of the City of Fredericton authorize the single source purchase of Two (2) QKM-36 Craig Quick Hitches (Part #145489-00) for Fleet Division, be awarded to Craig Manufacturing Ltd., for total purchase cost of Fourteen Thousand Seven Hundred Ninety Dollars ($14,790.00) HST Extra. CARRIED UNANIMOUSLY PUBLIC HEARING – ZONING AMENDMENT – 665 GEORGE Public Hearing - Zoning Amendment – 665 George STREET (NEWMARKET PROPERTIES INC.) Street (Newmarket A Public Hearing was held in the Council Chamber, City Hall, to hear Properties Inc.) objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2), under the City Centre Institutional Zone (c) (CCI-c), in order to permit an accessory structure at 665 George Street, and recommended approval. Regular City Council Meeting – March 26, 2012 page 24 The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.786 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. Z-2.786 Given Marilyn Kerton THAT By-law No. Z-2.786, A By-law to Amend First Reading By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Stephen Chase, seconded by Councillor By-law No Z-2.786 Given Marilyn Kerton THAT By-law No. Z-2.786, A By-law to Amend Second Reading By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY 671 Public hearing – Zoning Amendment – 671 Prospect Street (Andal Corporation A Public Hearing was held in the Council Chamber, City Hall, to hear Ltd.) objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2), under the Highway Commercial (H.C.) Zone, in order to permit a storage facility, and to amend Section 7.4.4.5.(1)(a) of Zoning By-law Z-2 in order to permit a facia sign to be located above the level of the second floor windows at 671 Prospect Street. PUBLIC HEARING – ZONING AMENDMENT PROSPECT STREET (ANDAL CORPORATION LTD.) – The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.787 Moved by Councillor Stephen Kelly, seconded by Councillor Dan By-law No. Z-2.787 Given Keenan THAT By-law No. Z-2.787, A By-law to Amend By-law No. First Reading Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Dan Keenan, seconded by Councillor Tony By-law No Z-2.787 Given Whalen THAT By-law No. Z-2.787, A By-law to Amend By-law No. Second Reading Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY PUBLIC HEARING – REZONING AND SUBDIVISION – Public hearing – Rezoning and Subdivision – Hanwell HANWELL ROAD (JD IRVING LTD.) Road (JD Irving Ltd.) A Public Hearing was held in the Council Chamber, City Hall, to hear objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2) to rezone a portion of property from Future Development Regular City Council Meeting – March 26, 2012 page 25 (F.D.) to Highway Commercial (H.C.), and for subdivision to create one (1) H.C. lot and to add land to the public right-of-way for property located off Hanwell Road. The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.788 Moved by Deputy Mayor David Kelly, seconded by Councillor By-law No. Z-2.788 Given Steven Hicks THAT By-law No. Z-2.788, A By-law to Amend By- First Reading law No. Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Deputy Mayor David Kelly, seconded by Councillor By-law No Z-2.788 Given Steven Hichs THAT By-law No. Z-2.788, A By-law to Amend By- Second Reading law No. Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY Consideration of the proposed subdivision will take place following third reading of the proposed by-law. PUBLIC HEARING – REZONING AND SUBDIVISION – Public hearing – Rezoning HANWELL ROAD, LIAN STREET & LANGILLE DRIVE and Subdivision – Hanwell Road, Lian Street & Langille EXTENSION (OAK RIDGE MANUFACTURING INC.) Drive Extension (Oak Ridge A Public Hearing was held in the Council Chamber, City Hall, to hear Manufacturing Inc.) objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2) by rezoning a portion of property from Future Development (F.D.) to Residential Zone Two B (R-2B), Residential Zone Five (R-5), Residential Zone Six (R-6) and Residential Zone Eight (R-8), and for subdivision to create fifty-five (55) building lots, including an extension of the public right-of-way on property located off Hanwell Road, and on the extension of Lian Street and Langille Drive. The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.789 Moved by Deputy Mayor David Kelly, seconded by Councillor Eric By-law No. Z-2.789 Given Megarity THAT By-law No. Z-2.789, A By-law to Amend By-law First Reading No. Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 page 26 Moved by Deputy Mayor David Kelly, seconded by Councillor Eric By-law No Z-2.789 Given Megarity THAT By-law No. Z-2.789, A By-law to Amend By-law Second Reading No. Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY Consideration of the proposed subdivision will take place following third reading of the proposed by-law. 1012 Public Hearing – Zoning Amendment – 1012 Prospect Street (Ali Crandlemire) A Public Hearing was held in the Council Chamber, City Hall, to hear objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2), under the Highway Commercial (H.C.) Zone, in order to permit a veterinary hospital at 1012 Prospect Street. PUBLIC HEARING – ZONING AMENDMENT PROSPECT STREET (ALI CRANDLEMIRE) – The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.790 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. Z-2.790 Given Marilyn Kerton THAT By-law No. Z-2.790, A By-law to Amend First Reading By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Stephen Chase, seconded by Councillor By-law No Z-2.790 Given Marilyn Kerton THAT By-law No. Z-2.790, A By-law to Amend Second Reading By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY 1012 Public Hearing – Zoning Amendment – 1012 Prospect Street (Ali Crandlemire) A Public Hearing was held in the Council Chamber, City Hall, to hear objections and/or support to a proposed by-law to amend the Zoning By-law (Z-2) by amending Section 7.4.4.1(a) in order to permit signage on the fourth side of a building located at 1012 Prospect Street. PUBLIC HEARING – ZONING AMENDMENT PROSPECT STREET (ALI CRANDLEMIRE) – The City Clerk advised that no written objections had been received by the City Clerk’s Office. First and Second Reading of By-law No. Z-2.796 Moved by Councillor Tony Whalen, seconded by Councillor By-law No. Z-2.796 Given Jordan Graham THAT By-law No. Z-2.796, A By-law to Amend First Reading Regular City Council Meeting – March 26, 2012 page 27 By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given first reading by title. CARRIED UNANIMOUSLY Moved by Councillor Tony Whalen, seconded by Councillor By-law No Z-2.796 Given Jordan Graham THAT By-law No. Z-2.796, A By-law to Amend Second Reading By-law No. Z-2, A Zoning By-law for the City of Fredericton, be given second reading by title. CARRIED UNANIMOUSLY PUBLIC HEARING – CHANGE TO TERMS AND CONDITIONS Public Hearing – Change to Terms and Conditions – – 711 WOODSTOCK ROAD (OFFICE INTERIORS) 711 Woodstock Road A Public Hearing was held in the Council Chamber, City Hall, to hear (Office Interiors) objections and/or support to a change in the terms and conditions pertaining to By-law Z-2.770, adopted by Council at its meeting of November 14, 2011, in order to add “office” to the list of permitted uses on property located at 711 Woodstock Road. The City Clerk advised that no written objections had been received by the City Clerk’s Office. Resolution to Adopt Resolution to Change Terms Moved by Councillor Marilyn Kerton, seconded by Councillor and Conditions Steven Hicks WHEREAS, at the meeting of February 27, 2012, Council received a report of the Planning Advisory Committee recommending that the terms and conditions set out in Schedule “A” and pertaining to By-law Z-2.770 adopted by Council at its meeting of November 14, 2011 to permit an office to the list of permitted uses on property located at 711 Woodstock Road, be repealed and replaced with new terms and conditions as outlined in Schedule “B” attached hereto and forming part of this resolution; Resolution to Adopt Resolution to Change Terms and Conditions AND WHEREAS the requirements of subsection 39(3) and Section 68 of the Community Planning Act have been fulfilled with respect to the change in terms and conditions; BE IT RESOLVED that Council hereby adopts the proposed amendment to the terms and conditions imposed on property located at 711 Woodstock Road, as set out above. CARRIED UNANIMOUSLY Schedules “A” and “B” are attached to these Minutes as Appendix 11. Regular City Council Meeting – March 26, 2012 AMENDMENT TO BY-LAW NO. T-1, A BY-LAW TO REGULATE TRAFFIC (RIGHT-OF-WAY CONTROL SIGNAGE CHANGES – YORK HOUSE FIRE LANE, AND RESTRICTION OF LEFT-HAND TURNS FROM HANWELL ROAD TO SERENITY LANE) Third Reading of By-law No. T-1.58 page 28 Amendment to By-law No. T-1 (Right-of-Way Control Signage Changes – York House Fire Lane, and Restriction of Left-hand Turns from Hanwell Road to Serenity Lane) Moved by Councillor Tony Whalen, seconded by Councillor Steven By-law No. T-1.58 Read by Hicks THAT By-law No. T-1.58 A By-law to Amend By-law No. Section Number T-1, A By-law to Regulate Traffic, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. T-1.58 was read by section number and is attached to these Minutes as Appendix 12. Moved by Councillor Tony Whalen, seconded by Councillor Steven By-law No. T-1.58 Given Hicks THAT By-law No. T-1.58 A By-Law to Amend By-Law No. Third Reading T-1, A By-Law to Regulate Traffic, be given third reading by title. CARRIED UNANIMOUSLY Due to being absent from the City Council Meeting held on March 12, Councillor Tony Whalen 2012, when Hearing of Objections took place, Councillor Stephen Kelly retired from the meeting excused himself from the meeting at 8:58 p.m., and Councillor Tony Whalen retired from the meeting. A BY-LAW TO STOP-UP AND CLOSE A PORTION OF A By-law to Stop-up and Close a Portion of Mooers MOOERS DRIVE Drive Third Reading of By-law No. L-11.63 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. L-11.63 Read by Jordan Graham THAT By-law No. L-11.63, A By-law to Stop-up Section Number and Close a Portion of Mooers Drive, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. L-11.63 was read by section number and is attached to these Minutes as Appendix 13. Moved by Councillor Stephen Chase, seconded by Councillor By-law No. L-11.63 Given Jordan Graham THAT By-law No. L-11.63, A By-Law to Stop-Up Third Reading and Close a Portion of Mooers Drive, be given third reading by title. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 page 29 A BY-LAW TO STOP-UP AND CLOSE A PORTION OF A By-law to Stop-up and Close a Portion of Peters PETERS DRIVE Drive Third Reading of By-law No. L-11.64 Moved by Councillor Stephen Chase, seconded by Councillor Eric By-law No. L-11.64 Read by Megarity THAT By-law No. L-11.64, A By-law to Stop-up and Section Number Close a Portion of Peters Drive, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. L-11.64 was read by section number and is attached to these Minutes as Appendix 14. Moved by Councillor Stephen Chase, seconded by Councillor Eric By-law No. L-11.64 Given Megarity THAT By-law No. L-11.64, A By-Law to Stop-Up and Third Reading Close a Portion of Peters Drive, be given third reading by title. CARRIED UNANIMOUSLY Due to being absent from the City Council Meeting held on February Councillors Jordan Graham 27, 2012, when Hearing of Objections took place, Councillors Jordan and Marilyn Kerton retired Graham and Marilyn Kerton retired from the meeting at 9:01 p.m. from the meeting Councillor Stephen Kelly returned to the Council Chamber at 9:01 p.m. A BY-LAW TO TEMPORARILY STOP-UP AND CLOSE A By-law to Stop-up and PORTIONS OF ABERDEEN STREET (34TH ANNUAL Close Portions of Aberdeen Street FREDERICTON MARATHON) Third Reading of By-law No. L-11.62 By-law No. L-11.62 Read by Moved by Councillor Stephen Chase, seconded by Councillor Section Number Stephen Kelly THAT By-law No. L-11.62, A By-law to Temporarily Stop-up and Close Portions of Aberdeen Street, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. L-11.62 was read by section number and is attached to these Minutes as Appendix 15. Moved by Councillor Stephen Chase, seconded by Councillor By-law No. L-11.62 Given Stephen Kelly THAT By-law No. L-11.62, A By-Law to Third Reading Temporarily Stop-up and Close Portions of Aberdeen Street, be given third reading by title. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 page 30 STREET Rezoning and Subdivision – Malibu Street Extension (Willowdale Apartments Moved by Councillor Stephen Chase, seconded by Deputy Mayor Ltd.) David Kelly THAT By-Law No. Z-2.781, A By-Law to Amend ByLaw No. Z-2, A Zoning By-Law for the City of Fredericton, be read By-law No. Z-2.781 Read by by section number pursuant to sections 11.1 (1) and (2) of the Section Number Municipalities Act. CARRIED UNANIMOUSLY REZONING AND SUBDIVISION – MALIBU EXTENSION (WILLOWDALE APARTMENTS LTD.) By-law No. Z-2.781 was read by section number and is attached to these Minutes as Appendix 16. Moved by Councillor Stephen Chase, seconded by Deputy Mayor By-law No. Z-2.781 Given David Kelly THAT By-law No. Z-2.781, A By-law to Amend By-law Third Reading No. Z-2, A Zoning By-law for the City of Fredericton, be given third reading by title. CARRIED UNANIMOUSLY Approval of the Subdivision to Create 16 Residential Zone Two Building Lots Approval of the Subdivision to Create 16 Residential Zone Two Building Lots Moved by Councillor Stephen Chase, seconded by Deputy Mayor David Kelly THAT the subdivision to create 16 Residential Two (R2) Zone building lots be approved. CARRIED UNANIMOUSLY REZONING AND SUBDIVISION – ST. MARY’S STREET, Rezoning and Subdivision – St. Mary’s Street, Haven HAVEN HEIGHTS (CITY OF FREDERICTON) Heights (City of Fredericton) Third Reading of By-law No. Z-2.782 By-law No. Z-2.782 Read by Moved by Councillor Stephen Chase, seconded by Councillor Dan Section Number Keenan THAT By-law No. Z-2.782, A By-law to Amend By-law No. Z-2, A Zoning By-law for the City of Fredericton, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. Z-2.782 was read by section number and is attached to these Minutes as Appendix 17. Moved by Councillor Stephen Chase, seconded by Councillor Dan By-law No. Z-2.782 Given Keenan THAT By-law No. Z-2.782, A By-law to Amend By-law No. Third Reading Z-2, A Zoning By-law for the City of Fredericton, be given third reading by title. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 page 31 Approval of the Subdivision to Create one Residential Zone Six lot Moved by Councillor Stephen Chase, seconded by Councillor Dan and 45 Residential Zone Keenan THAT the subdivision to create one Residential Zone Six Two-B (R-2B) lots lot and 45 Residential Zone Two-B (R-2b) lots be approved. CARRIED UNANIMOUSLY Approval of the Subdivision to Create one Residential Zone Six lot and 45 Residential Zone Two-B (R-2B) lots REZONING – BEAVERBROOK THOMPSON) 476 REGENT STREET STREET (GEORGE & Adoption of Terms and Conditions AND 635 Adoption of Terms and STEPHEN Conditions – Rezoning – 476 Regent Street and 635 Beaverbrook Street (George & Stephen Thompson) Moved by Councillor Stephen Chase, seconded by Councillor Stephen Kelly THAT the following terms and conditions be adopted pursuant to Section 39 of the Community Planning Act in regard to an amendment to the Zoning By-law (Z-2) by rezoning a portion of the property located at 635 Beaverbrook Street from Residential Zone Two (R-2) to Residential Zone Nine-A (R-9A), in order to consolidate with 476 Regent Street to accommodate parking, as laid out in draft By-law No. Z-2.784: a) The site be developed generally in accordance with Map III attached to Planning Report 7/12. b) A detailed landscaping and parking plan, including a minimum 1.5 metre high wood opaque fence be provided along the length of the Easterly property line, to the satisfaction of the Development Officer. c) A final plan of subdivision to consolidate a portion of the property at the rear of 635 Beaverbrook Street be submitted substantially in accordance with Map III to the satisfaction of the Development Officer. CARRIED UNANIMOUSLY Third Reading of By-law No. Z-2.784 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. Z-2.784 Read by Stephen Kelly THAT By-law No. Z-2.784, A By-law to Amend By- Section Number law No. Z-2, A Zoning By-law for the City of Fredericton, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. Z-2.784 was read by section number and is attached to these Minutes as Appendix 18. Regular City Council Meeting – March 26, 2012 page 32 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. Z-2.784 Given Stephen Kelly THAT By-law No. Z-2.784, A By-law to Amend By- Third Reading law No. Z-2, A Zoning By-law for the City of Fredericton, be given third reading by title. CARRIED UNANIMOUSLY REZONING AND SUBDIVISION – ASHLEY CRESCENT Adoption of Term and Condition – Rezoning and (WOODBURY DEVELOPMENTS) Subdivision – Ashley Crescent (Woodbury Adoption of Term and Condition Developments) Moved by Councillor Stephen Chase, seconded by Councillor Steven Hicks THAT the following term and condition be adopted pursuant to Section 39 of the Community Planning Act in regard to an amendment to the Zoning By-law (Z-2) by rezoning a portion of the property located off Ashley Crescent (PID 75384743) from Residential Zone Seven to Residential Zone Six, in order to permit an 18-unit “condominium” townhouse development in three buildings on Lot 11-627 and four 8-unit “condominium” apartment buildings and one 16-unit “condominium” apartment building on Lot 11-628, and will subdivide the property to create two residential lots, as laid out in draft By-law No. Z-2.785: a) All required approvals be obtained from the NB Department of Environment to the satisfaction of the Development Officer prior to the issuance of a building permit. CARRIED UNANIMOUSLY Third Reading of By-law No. Z-2.785 Moved by Councillor Stephen Chase, seconded by Councillor By-law No. Z-2.785 Read by Steven Hicks THAT By-law No. Z-2.785, A By-law to Amend By- Section Number law No. Z-2, A Zoning By-law for the City of Fredericton, be read by section number pursuant to Sections 11.1 (1) and (2) of the Municipalities Act. CARRIED UNANIMOUSLY By-law No. Z-2.785 was read by section number and is attached to these Minutes as Appendix 19. Moved by Councillor Stephen Chase, seconded by Councillor Scott By-law No. Z-2.785 Given McConaghy THAT By-law No. Z-2.785, A By-law to Amend By- Third Reading law No. Z-2, A Zoning By-law for the City of Fredericton, be given third reading by title. CARRIED UNANIMOUSLY Regular City Council Meeting – March 26, 2012 Motion to Approve the Subdivision to Create Two Residential Lots page 33 Motion to Approve the Subdivision to Create Two Residential Lots Moved by Councillor Stephen Chase, seconded by Councillor Scott McConaghy THAT the subdivision to create two residential lots be approved. CARRIED UNANIMOUSLY COUNCILLORS EXCUSED Councillors Excused Moved by Councillor Eric Megarity, seconded by Councillor Steven Hicks THAT Councillors Bruce Grandy and Mike O’Brien be excused from the meeting and be relieved of the penalty as provided by By-law No. A-2. CARRIED UNANIMOUSLY ADJOURNMENT Moved by Deputy Mayor David Kelly, seconded by Councillor Stephen Kelly THAT the meeting adjourn. CARRIED UNANIMOUSLY The meeting adjourned at 9:06 p.m. (Brad Woodside) __________________________ Brad Woodside, Mayor (Brenda L. Knight) _________________________ Brenda L. Knight, City Clerk Adjournment