May 28, 2012 - Fredericton

MINUTES OF A REGULAR MEETING OF FREDERICTON CITY COUNCILMONDAY, MAY 28, 2012Minutes of the Regular Meeting of Fredericton City Council held onMonday, May 28, 2012, at 7:35 p.m. in the Council Chamber, CityHall, Fredericton.ATTENDANCEAttendanceCouncil:Mayor Brad Woodside, Councillors Greg Ericson, Bruce Grandy,Steven Hicks, Dan Keenan, David Kelly, Marilyn Kerton, Leah Levac,Scott McConaghy, Eric Megarity, Mike O’Brien and Kate Rogers.Staff:Brenda L. Knight, City Clerk/Manager of Legislated ServicesTina Tapley, Acting CAO/Director of Finance/City TreasurerBarry MacKnight, Police ChiefPhilip Toole, Fire ChiefTony Hay, Assistant Director of Community ServicesMaurice Gallant, Assistant Director of Corporate Services/CIOAlex Forbes, Assistant Director of Development ServicesMichelle Brzak, City SolicitorSean Lee, Manager of Engineering ServicesWayne Knorr, Manager, Corporate CommunicationsKaren Garrett, Recording SecretaryAbsent:Councillor Stephen ChaseAPPROVAL OF MINUTESApproval of MinutesMoved by Councillor Steven Hicks, seconded by CouncillorMarilyn Kerton THAT the Minutes of the Regular City Councilmeeting of Monday, April 23, 2012, be approved as circulated.CARRIED UNANIMOUSLYPRAYERPrayerRev. Paul Ross was present and led Council in prayer.PROCLAMATIONSProclamationsMayor Brad Woodside read the following proclamations:

Regular City Council Meeting – May 28, 2012 page 2DISABILITY AWARENESS WEEKDisability Awareness WeekWHEREAS: The municipality of the City of Fredericton is committedto assisting citizens with disabilities to participate fully in ourcommunity; andWHEREAS: Many persons living with disabilities face barriers in theareas of employment, access to information, transportation, housing,education, recreation, and other disability-related supports; andWHEREAS: We believe that more citizens with disabilities shouldhave the chance to access appropriate disability related supports toimprove their opportunities in New Brunswick; andWHEREAS: We support the theme “Ready and Able to Work.”THEREFORE: I, Brad Woodside, Mayor of the City of Fredericton,do hereby request the citizens of Fredericton to join with our Council inrecognizing persons with disabilities and their potential role in ourcommunity by the observance of Disability Awareness Week, May27 th to June 2 nd , 2012.EPSILON GOLDEN GAMES WEEKWHEREAS: The municipality of the City of Fredericton’s social goalis: Every individual has opportunities to develop a sound body andmind through a balanced lifestyle; and,Epsilon Golden GamesWeekWHEREAS: It is the Community Services Department’s mandatethrough the Recreation Division to fulfill this goal; andWHEREAS: The Epsilon Y’s Men’s Club and the Province of NewBrunswick Sport and Culture Secretariat share this goal; andWHEREAS: The Epsilon Golden Games encourages fun, friendshipand fellowship within the senior community; andWHEREAS: Seniors make up a vital and vibrant part of ourcommunity.THEREFORE: I, Brad Woodside, Mayor of the City of Fredericton,do hereby request the citizens of Fredericton to join with our Council incelebrating the 24 th Annual Golden Games by declaring June 4-8,2012, Epsilon Golden Games Week.

Regular City Council Meeting – May 28, 2012 page 3LOVE FREDERICTONLove FrederictonWHEREAS: The churches in the greater Fredericton area desire toshow their love to the citizens of Fredericton freely through acts ofkindness; andWHEREAS: God so loved the world that He freely gave His only son,Jesus, the Fredericton area churches also want to show their love in apractical way by freely giving; andWHEREAS: We desire to show the unity of the Fredericton areachurches as we work together to achieve a common goal; andWHEREAS: The volunteers of Love Fredericton will be wearing theirhearts, not on their sleeves, but on the back of their T-shirts, as theycommit free acts of kindness all across the City, no strings attached, onJune 9 th , 2012.THEREFORE: I, Brad Woodside, Mayor of the City of Fredericton,do herby proclaim June 8-9, 2012 as Love Fredericton weekend.MARYSVILLE DAYS – 150 TH ANNIVERSARY (JUNE 8-10)A request was received from Bev Sharpe, on behalf of the MarysvilleDays Committee, to hold the Marysville Days AnniversaryCelebrations June 8-10, 2012.Marysville Days – 150 thAnniversary (June 8-10)Moved by Councillor Steven Hicks, seconded by Councillor GregEricson THAT City Council adopt the following resolution:BE IT RESOLVED that approval be given to the Marysville DaysCommittee to hold their Marysville Days/150 th AnniversaryCelebrations from Friday, June 8, 2012 to Sunday, June 10, 2012,subject to compliance with all staff recommendations.CARRIED UNANIMOUSLY

Regular City Council Meeting – May 28, 2012 page 5BARK IN THE PARK (JUNE 9)Bark in the Park (June 9)A request was received from Margo Bird, on behalf of the FrederictonSPCA Inc., to hold the Bark in the Park event on June 9, 2012.Moved by Councillor Bruce Grandy, seconded by Councillor LeahLevac THAT City Council adopt the following resolution:BE IT RESOLVED that approval be given to the FrederictonSPCA Inc. to hold the Bark in the Park event on Saturday, June 9,2012 from 11:30 a.m. to 3:30 p.m. in Odell Park, subject to staffrecommendations;AND BE IT FURTHER RESOLVED that an exemption be grantedto the Fredericton SPCA Inc. from Section 4 (1) of By-Law L-8, ABy-Law Respecting Parklands and Recreation Areas.CARRIED UNANIMOUSLYILLUMINATION OF PARLIAMENT SQUARE – DIAMONDJUBILEE CELEBRATION (JUNE 13)A request was received from Dan Bussières, Sergeant-at-Arms of theLegislative Assembly of New Brunswick, for approval to hold theIllumination of Parliament Square celebration on June 13, 2012.Illumination of ParliamentSquare – Diamond JubileeCelebration (June 13)Moved by Councillor Dan Keenan, seconded by Councillor MarilynKerton THAT City Council adopt the following resolution:BE IT RESOLVED that approval be given to the LegislativeAssembly of New Brunswick to hold the Illumination of ParliamentSquare – Diamond Jubilee Celebration on Wednesday, June 13,2012, subject to compliance with all staff recommendations; ANDBE IT FURTHER RESOLVED that the City Solicitor beauthorized to draft the appropriate by-law to effect a temporarystop-up and closure on Wednesday, June 13, 2012, for QueenStreet, from King Street to St. John Street, Secretary Lane, as wellas Church Street from King to Queen Streets, during the estimatedhours of 6:30 and 10:30 p.m.; ANDBE IT FURTHER RESOLVED that the public notice requirementsof Section 187(6) of the Municipalities Act be fulfilled; AND that theregular City Council meeting of Monday, June 11, 2012 at 7:30p.m. at the Council Chamber, City Hall, be set as the time andplace for the consideration of objections to the proposed by-law.CARRIED UNANIMOUSLY

Regular City Council Meeting – May 28, 2012 page 6TIER ONE SPECIAL EVENTSMoved by Councillor Mike O’Brien, seconded by Councillor EricMegarity THAT the following Report be received and placed onfile:Tier one SpecialEventsTier One Special EventsUpcoming Events:Operation Raise the Roof (Habitat for Humanity) – Saturday,June 2, 2012 – various City locations Youth Fishing Tournament – Saturday, June 2, 2012 –Killarney Lake Motorcycle Ride for Dad (Prostate Cancer Fight Foundation) –Saturday, June 2, 2012 – Fredericton to SussexNB Power Rodeo – Friday, June 8, 2012 - Gilbert St ServiceCenter Fredericton Motorcycle Club’s (FMC) Annual Toy Ride –Saturday, June 9, 2012 – Fredericton to Stanley to DECHThe Walk to Fight Arthritis (Arthritis Society of NewBrunswick) – Sunday, June 10, 2012 – Southside Trail SystemFiberglass Alley 2012 – Saturday, June 16, 2012 – CampbellClose parking lot Walk for Muscular Dystrophy (Muscular Dystrophy Canada) –Sunday, June 17, 2012 – Officers SquareFather’s Day Walk/Run (Prostate Cancer Canada) – Sunday,June 17, 2012 – Southside Trail SystemAboriginal Day Event “Celebrating and Honouring ourAboriginal Women” – Thursday, June 21, 2012 – OfficersSquareCultural Expressions Festival 2012 (Multicultural Associationof Fredericton Inc) – Friday, June 22- Saturday, June 23, 2012– Officers SquareCARRIED UNANIMOUSLYBy-law Re-affirmations

Regular City Council Meeting – May 28, 2012 page 8resolution; subject to terms and conditions;BE IT RESOLVED that the Council hereby directs that anappropriate by-law be prepared to amend By-law No. Z-2; that theproposed by-law be referred to the Planning Advisory Committeefor the views of the Committee; that the public notice requirementsof Section 68 of the Community Planning Act be fulfilled; and thatthe regular Council Meeting of Monday, June 25, 2012 at 7:30 p.m.,at the Council Chamber, City Hall, be set as the time and place forthe consideration of objections/support to the proposed by-law.CARRIED UNANIMOUSLYSchedule “A” is attached to these minutes as Appendix 1.REZONING – 2 BIRCH CRESCENT (SHERICODEVELOPMENTS)The Planning Advisory Committee, at its meeting held on May 16,2012, considered a recommendation from staff, in relation to anapplication by Sherico Developments for property located at 2 BirchCrescent, and recommended approval.Rezoning – 2 BirchCrescent (ShericoDevelopments)Moved by Councillor Marilyn Kerton, seconded by CouncillorScott McConaghy THAT City Council adopt the followingresolution:BE IT RESOLVED that the Report of the Planning AdvisoryCommittee, dated May 17, 2012, with respect to an applicationsubmitted by Sherico Developments to rezone property located at 2Birch Crescent from Residential Zone Two (R-2) to ResidentialZone Three-A (R-3A) to permit a three unit dwelling, be receivedalong with the recommended terms and conditions.CARRIED UNANIMOUSLYResolutionResolutionMoved by Councillor Marilyn Kerton, seconded by CouncillorScott McConaghy THAT WHEREAS, at the meeting of May 28,2012, Council received a report of the Planning Advisory Committeethat By-law No. Z-2, A Zoning By-law for The City of Fredericton, beamended by rezoning the property located at 2 Birch Crescent fromResidential Zone Two (R-2) to Residential Zone Three-A (R-3A) inorder to permit a three-unit dwelling, as indicated on Schedule “A”attached to and forming part of this resolution, subject to terms andconditions;

Regular City Council Meeting – May 28, 2012 page 9BE IT RESOLVED that the Council hereby directs that anappropriate by-law be prepared to amend By-law No. Z-2; that theproposed by-law be referred to the Planning Advisory Committeefor the views of the Committee; that the public notice requirementsof Section 68 of the Community Planning Act be fulfilled; and thatthe regular Council Meeting of Monday, June 25, 2012 at 7:30 p.m.,at the Council Chamber, City Hall, be set as the time and place forthe consideration of objections/support to the proposed by-law.CARRIED UNANIMOUSLYSchedule “A” is attached to these minutes as Appendix 2.SUBDIVISION APPROVAL – 9 SPARROW LANE (CITY OFFREDERICTON)The Planning Advisory Committee, at its meeting held on May 16,2012, considered a recommendation from staff, in relation to anapplication by the City of Fredericton.Subdivision Approval – 9Sparrow Lane (City ofFredericton)Moved by Councillor Marilyn Kerton, seconded by CouncillorMike O’Brien THAT City Council adopt the following resolution:BE IT RESOLVED that the application submitted by the City ofFredericton, for subdivision to add land to the public right-of-wayat 9 Sparrow Lane, be approved.CARRIED UNANIMOUSLYSTREET NAME APPROVAL – KEIRRA STREET (GARYARMSTRONG)The Planning Advisory Committee, at its meeting held on May 16,2012, considered a recommendation from staff, in relation to anapplication by Gary Armstrong.Street Name Approval –Keirra Street (GaryArmstrong)Moved by Councillor Leah Levac, seconded by Councillor KateRogers THAT City Council adopt the following resolution:BE IT RESOLVED that the street name for the residentialdevelopment to be accessed off DeWitt Acres be named “KeirraStreet” as shown on attached Map 1, be approved, subject toProvincial approval (NB911).Map 1 is attached to these minutes as Appendix 3.CARRIED UNANIMOUSLY

Regular City Council Meeting – May 28, 2012 page 10REQUEST FOR PROPOSAL #P12-36 ESTIMATED QUANTITYFOUR (4) NEW NOT PREVIOUSLY USED 2013 FORD POLICEINTERCEPTOR SEDAN – NO SUBSTITUTIONS – FLEETDIVISIONTender #P12-36 Awarded toRiverview Ford LincolnSales LimitedMoved by Councillor Bruce Grandy, seconded by Councillor GregEricson THAT City Council adopt the following resolution:BE IT RESOLVED that the Council of the City of Frederictonauthorize Request for Proposal #P12-36, Estimated Quantity Four(4) New Not Previously Used 2013 Ford Police Interceptor Sedan,No Substitutions, Fleet Division, to Riverview Ford Lincoln SalesLimited, highest scored bidder meeting specifications for PoliceDepartment on the quantity of Two (2) 2013 Ford PoliceInterceptor Sedans, with standard base engine (3.5 Litre TI-VCTV6/998) at Thirty-Two Thousand Ten Dollars Twenty-Two Cents($32,010.22) each, HST included, plus quantity of two (2) 2013 FordPolice Interceptor Sedan with optional Eco Boost 3.5L V6 engine,at Thirty-Five Thousand Two Hundred Ninety-One DollarsSeventy-Four Cents ($35,291.74) each, HST included, for a grandtotal proposed price of One Hundred Thirty-Four Thousand SixHundred Three Dollars Ninety-Two Cents ($134,603.92) HSTincluded.CARRIED UNANIMOUSLYAPPOINTMENT OF DEPUTY MAYORMoved by Councillor David Kelly, seconded by Councillor StevenHicks THAT City Council adopt the following resolution:Appointment of DeputyMayorBE IT RESOLVED thast the Council of the City of Frederictonappoints Stephen Chase as Deputy Mayor for a term May 28, 2012to May 27, 2013, pursuant to Section 30 of the Municipalities Actand Section 7 of By-law No. A-2, A By-law RespectingAdministration and the City Council.CARRIED UNANIMOUSLYAPPOINTMENT OF BUILDING INSPECTOR FORENFORCEMENT PURPOSES – MUNICIPALITIES ACT ANDCOMMUNITY PLANNING ACT - DEFERREDMoved by Councillor Scott McConaghy, seconded by CouncillorEric Megarity that the report entitled “Appointment of BuildingInspector for Enforcement Purposes – Municipalities Act andCommunity Planning Act” be deferred. CARRIEDUNANIMOUSLYAppointment of BuildingInspector for EnforcementPurposes – MunicipalitiesAct and CommunityPlanning Act - Deferred

Regular City Council Meeting – May 28, 2012 page 11APPOINTMENT OF A BY-LAW ENFORCEMENT OFFICER -DEFERREDMoved by Councillor Scott McConaghy, seconded by CouncillorEric Megarity that the report entitled “Appointment of a By-lawEnforcement Officer” be deferred. CARRIED UNANIMOUSLYAppointment of a By-LawEnforcement Officer -DeferredASSENT OF COUNCIL – STATION POINTE VILLAGEMoved by Councillor Eric Megarity, seconded by Councillor ScottMcConaghy THAT City Council adopt the following resolution:Assent of Council – StationPointe VillageBE IT RESOLVED that the final plan of subdivision prepared byGenivar, entitled “Subdivision Plan, Station Pointe VillageSubdivision, Station Road, City of Fredericton, County of York,Province of New Brunswick” receive the Assent of Councilpursuant to Section 56(2) of the Community Planning Act.CARRIED UNANIMOUSLYRESOLUTIONResolutionThe following resolution corresponds with the Planning AdvisoryCommittee report received by City Council at its regular meeting heldon March 26, 2012:MUNICIPAL PLAN AMENDMENT & REZONING –MCMINNIMAN COURT EXTENSION (SPRINGHILLINFRASTRUCTURE LTD.)Moved by Councillor Steven Hicks, seconded by Councillor DavidKelly THAT WHEREAS Council has under consideration By-law No.Z-1.23, A By-law to Amend By-law No. Z-1, A By-law to Adopt aMunicipal Plan for the City of Fredericton, to redesignate a portion ofthe property located off an extension of McMinniman Court from“Future Development” and “Open Space” to “Residential”, as indicatedon Schedule “A” attached to and forming part of this resolution;Municipal PlanAmendment &Rezoning –McMinniman CourtExtension (SpringhillInfrastructure Ltd.)AND WHEREAS the public notice requirements of Section 25 of theCommunity Planning Act have been fulfilled with respect to By-lawNo. Z-1.23;AND WHEREAS an amendment to By-law No. Z-2, The Zoning Bylawfor the City of Fredericton, is also required;BE IT RESOLVED that the Council hereby directs that anappropriate amendment to By-law No. Z-2 be prepared in order torezone a portion of the property located off an extension of

Regular City Council Meeting – May 28, 2012 page 12McMinniman Court from Future Development Zone (F.D.) toResidential Zone Two (R-2) and Open Space Zone (O.S.), asindicated on Schedule “B” attached hereto and forming part of thisresolution; that the proposed by-laws be referred to the PlanningAdvisory Committee for the views of the Committee; that thepublic notice requirements of Section 68 of Community PlanningAct be fulfilled with respect to both By-law No. Z-1.23 and the Bylawto amend By-law No. Z-2; and that the regular Council meetingof Monday, June 25, 2012 commencing at 7:30 p.m. at the CouncilChamber, City Hall, Queen Street, Fredericton, as the time andplace for the consideration of objections/support to the said bylaws.CARRIED UNANIMOUSLYSchedules “A” and “B” are attached to these Minutes as Appendix 4.PUBLIC HEARING – MUNICIPAL PLAN AMENDMENT,REZONING AND SUBDIVISION – 630 CLIFFE STREET (DPDEVELOPMENTS)A Public Hearing was held in the Council Chamber, City Hall, to hearobjections and/or support to a proposed by-law to amend the MunicipalPlan (Z-1) by re-designating property located at 630 Cliffe Street fromResidential to Commercial; amend the Zoning By-law (Z-2) byrezoning the subject property from Institutional (I), Residential ZoneFive-Holding (R-5-H) and Residential Zone Six-Holding toNeighbourhood Shopping Centre (N.S.C.); and subdivide the propertyto create one (1) N.S.C. lot, subject to terms and conditions.Public Hearing – MunicipalPlan Amendment, Rezoningand Subdivision – 630 CliffeStreet (DP Developments)The City Clerk advised that no written objections had been received bythe City Clerk’s Office.First and Second Reading of By-law No. Z-1.20Moved by Councillor Mike O’Brien, seconded by Councillor EricMegarity THAT By-law No. Z-1.20, A By-law to Adopt a MunicipalPlan for the City of Fredericton, be given first reading by title.CARRIED UNANIMOUSLYMoved by Councillor Mike O’Brien, seconded by Councillor EricMegarity THAT By-law No. Z-1.20, A By-law to Amend By-lawNo. Z-2, A Zoning By-law for the City of Fredericton, be givensecond reading by title. CARRIED UNANIMOUSLYBy-law No. Z-1.20 GivenFirst ReadingBy-law No Z-1.20 GivenSecond Reading

Regular City Council Meeting – May 28, 2012 page 13First and Second Reading of By-law No. Z-2.791Moved by Councillor Eric Megarity, seconded by Councillor MikeO’Brien THAT By-law No. Z-2.791, A By-law to Amend By-lawNo. Z-2, A Zoning By-law for the City of Fredericton, be given firstreading by title. CARRIED UNANIMOUSLYMoved by Councillor Eric Megarity, seconded by Councillor MikeO’Brien THAT By-law No. Z-2.791, A By-law to Amend By-lawNo. Z-2, A Zoning By-law for the City of Fredericton, be givensecond reading by title. CARRIED UNANIMOUSLYBy-law No. Z-2.791 GivenFirst ReadingBy-law No Z-2.791 GivenSecond ReadingPUBLIC HEARING – MUNICIPAL PLAN AMENDMENT,REZONING AND SUBDIVISION – MORNING GATE DRIVEEXTENSION, HIGHPOINT RIDGE (COLPITTSDEVELOPMENTS LTD.)A Public Hearing was held in the Council Chamber, City Hall, to hearobjections and/or support to a proposed by-law to amend the MunicipalPlan (Z-1) by re-designating property located on an extension ofMorning Gate Drive from Future Development (F.D.) to Residential;rezone a portion of the subject property from Residential Zone Five (R-5) to Residential Zone Two (R-2) and from F.D. to R-2; and subdividethe property to create 28 lots, subject to terms and conditions.Public Hearing – MunicipalPlan Amendment, Rezoningand Subdivision – MorningGate Drive Extension,Highpoint Ridge (ColpittsDevelopments Ltd.)The City Clerk advised that no written objections had been received bythe City Clerk’s Office.First and Second Reading of By-law No. Z-1.21Moved by Councillor Greg Ericson, seconded by Councillor KateRogers THAT By-law No. Z-1.21, A By-law to Adopt a MunicipalPlan for the City of Fredericton, be given first reading by title.CARRIED UNANIMOUSLYMoved by Councillor Greg Ericson, seconded by Councillor LeahLevac THAT By-law No. Z-1.21, A By-law to Amend By-law No.Z-2, A Zoning By-law for the City of Fredericton, be given secondreading by title. CARRIED UNANIMOUSLYBy-law No. Z-1.21 GivenFirst ReadingBy-law No Z-1.21 GivenSecond ReadingFirst and Second Reading of By-law No. Z-2.792Moved by Councillor Greg Ericson, seconded by Councillor LeahLevac THAT By-law No. Z-2.792, A By-law to Amend By-law No.Z-2, A Zoning By-law for the City of Fredericton, be given firstreading by title. CARRIED UNANIMOUSLYBy-law No. Z-2.792 GivenFirst Reading

Regular City Council Meeting – May 28, 2012 page 14Moved by Councillor Greg Ericson, seconded by Councillor LeahLevac THAT By-law No. Z-2.792, A By-law to Amend By-law No.Z-2, A Zoning By-law for the City of Fredericton, be given secondreading by title. CARRIED UNANIMOUSLYBy-law No Z-2.792 GivenSecond ReadingCOUNCILLOR STEPHEN CHASE EXCUSEDCouncillor Chase ExcusedMoved by Councillor Dan Keenan, seconded by Councillor BruceGrandy THAT Councillor Stephen Chase be excused from themeeting and relieved of the penalty as provided by by-law.CARRIED UNANIMOUSLYADJOURNMENTAdjournmentMoved by Councillor Eric Megarity, seconded by CouncillorSteven Hicks THAT the meeting adjourn. CARRIEDUNANIMOUSLYThe meeting adjourned at 8:17 p.m.(Sgd.) Brad Woodside__________________________Brad Woodside,Mayor(Sgd.) Brenda L. Knight_________________________Brenda L. Knight,City Clerk