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1999-03-01_Minutes 87-385 COMMON COUNCIL MARCH 1, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of March, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, 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 Vincent Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on February 22, 1999, be approved. Question being taken, the motion was carried. Mayor McAlary welcomed Saint John MP Elsie Wayne to the meeting. 3(a) Zoning By-law Amendment To Re-zone 31 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 31 Golden Grove Road, having an area of approximately 6313 square metres (67,954 square feet), also identified as being a portion of NBGIC Number 55050322, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, to permit the construction of two commercial buildings with a total ground floor area of 1161 square metres (12,500 square feet), as requested by Dante Foriere, and no written objections were received in this regard, with 3{c) a letter having been received from the applicant requesting to withdraw the application. 3{b) Consideration was also given to the report from the Planning Advisory Committee, previously submitted to Council on January 18, 1999, recommending that (1) the re-zoning application be denied; and (2) Common Council consider acquiring the subject property located at 31 Golden Grove Road, as identified as a portion of NBGIC Number 55050322. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that withdrawal of the application of Dante Foriere for the re-zoning of property at 31 Golden Grove Road be accepted. 87 -386 COMMON COUNCIL MARCH 1, 1999 Councillor Vincent asked if Council, should it support the above motion, would be provided an opportunity to deal with the recommendation contained in item 3(b) above, to which Mr. Baird replied to the effect that Council could consider the recommendation on the purchase at any time. Councillor Trites asked if, with acceptance of the applicant's withdrawal, the applicant would be able to come back again at any time to which Mr. Baird replied that the applicant would have to make a new application, pay the appropriate fee and possibly change his application in some fashion, but Council's present policy did not place a limitation on how quickly or how much time needed to lapse before he did that; and, with respect to denial of the application, confirmed that the applicant would have to wait a year to come back. Councillor Trites asked what would happen if Council denied the application to withdraw, to which Mr. Nugent, in acknowledging that Council would have to go through the public hearing process and also that the Zoning By-Law contained a provision for the applicant to reapply after a year if the application were denied, advised that there was nothing in the Act of which he was aware that would bear upon Council's ability to refuse someone's request to withdraw an application, although clearly if Council were to make that decision it would have to be in good faith. Councillor Court spoke against the motion on the basis that Council should proceed with the public hearing at this time in that residents from the area were present again as they were the last time at which the public hearing did not proceed because of a similar situation where a letter of withdrawal had been received, and it would not be fair to ask them to come back in a month or two to do this all over again, and that, even though the applicant was not present the City Solicitor had indicated that Council could proceed with the hearing process, and also that the applicant would have been aware that he could be present to speak for his proposal. Councillor Vincent asked if Council would be obliged to refrain from passing recommendation (2) in the Planning Advisory Committee's report in view of the indication in the applicant's letter under item 3(c) of the intent to reapply with a new design and plot layout in the next few weeks, to which Mr. Nugent advised that the entering into negotiations to acquire a property would always be within the City's discretion if Council so chose and, whether or not the land were re-zoned, Council would continue to have the opportunity, if it wished, to pursue acquisition of the property. During discussion Mr. Nugent brought to Council's attention one circumstance in terms of Council considering denying the request to withdraw the application, that being that, if there had been any representation to the applicant or anybody representing him that if he did request to withdraw the expectation would be that it would in fact be withdrawn, that would be an occasion when the refusal to entertain or accept the request to withdraw could well be an improper step to take. The Mayor asked Mr. Baird if he had been in contact with the applicant or his representative, to which Mr. Baird replied in the affirmative in that he had actually spoken to both the landowner and his representative on this, indicating that it was up to Council and that because there was no Council meeting before the public hearing date the public hearing date would still be scheduled and it would be up to Council as to what it would do; however, as the applicant's representative indicated that it usually happened that when a request to withdraw was made to Council it was accepted, there was that discussion of what usually happened. Councillor Court asked if it was usual to have the same applicant come back at two different sessions and do the same thing, to which Mr. Baird replied that there have been cases where the same application had been dealt with on three different instances, so it was unusual, but not unique. As to whether or not the applicant or his agent, if they had a sense that they got the message that the application would probably be withdrawn and Council refused the withdraw and proceeded with the public hearing, would have access direct to Planning Appeal on Council's decision, Mr. Nugent replied on the basis of his view that the safest route for Council to adopt, at this point in light of what Mr. Baird had indicated, would be to accept the withdrawal. Question being taken, the motion was carried with Councillor Court voting "nay". On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the Planning Advisory Committee's recommendation for Common Council to consider acquiring the subject property located at 31 Golden Grove Road, as identified as a portion of NBGIC Number 55050322, be referred to the City Manager for consideration. Question being taken, the motion was carried. 87 -387 COMMON COUNCIL MARCH 1, 1999 4. Municipal Plan Amendment Millidgeville Secondary Plan 177-187 Manners Sutton Road Public presentation was made of a proposed Municipal Plan amendment to amend Section 3.4.1 of the Millidgeville Secondary Plan (Development Area Design Guidelines - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562.", to permit re-zoning of a parcel of land with an area of approximately 7 acres, located at 177-187 Manners Sutton Road (NBGIC Number 55115562), from "R-1A" One Family Residential to "R-2" One and Two Family Residential classification, and the subsequent development of one- and two-family dwellings on the subject lands, as requested by G.A. (Sandy) Robertson. 5. Mavor's Remarks Mayor McAlary proclaimed March 1999 as Kidney Month in the City of Saint John and, at her invitation, Gerry Mabey, Campaign Chairman of the Kidney Foundation of Saint John, appeared before Council with the request for the support of Council and the citizens of Saint John during the Foundation's fund-raising campaign this month. The Mayor noted that March 1, 1999 marked the International Ringing of the Bells Day in recognition of the first day of enforcing the treaty for the banning of land mines; and Barry Ogden was congratulated by Councillor Court on the forthcoming launching on March 19 of the Marco Polo stamp who, in commenting on Mr. Ogden's efforts with respect to a film, book, musical and a cassette on the Marco Polo, as well a monument in front of City Hall, asked for referral to the Year 2000 Committee, for possible endorsement, of Mr. Ogden's application for Federal Government funding. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that Barry Ogden's application for Federal Government funding be referred to the Year 2000 committee for possible endorsement. Question being taken, the motion was carried. 6. Re Fisher Lakes & HST Resolution Consideration was given to a letter from Councillor Court advising that he would like to discuss two issues concerning Fisher Lakes, and one issue concerning an HST resolution. Councillor Court spoke on the operation of a cross-country ski school and the A-frame canteen at Rockwood Park, to which City staff could provide some promotion, and suggested that, as there was a concern about dogs running at large in Rockwood Park, there should be better signage about and enforcement of the Animal Control By-Law. On the issue of HST, Councillor Court commented in terms of the amount paid to Saint John Energy in HST charges on energy, and advised that he would like City staff to find out from the other six Provincial cities the amount actually collected in HST on energy following which he would like to put forth a resolution either to the Cities of New Brunswick Association or possibly to the Federation of Canadian Municipalities to drop the HST on energy. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above issues be referred to the City Manager. Question being taken, the motion was carried. 87 -388 COMMON COUNCIL MARCH 1, 1999 *6A. Appointment To Arbitration Board In Collective BarQaininQ Dispute On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that a recommendation for appointment to the Arbitration Board in the matter of the collective bargaining dispute with Local 771, I.A.F.F. (which was considered in Committee of the Whole earlier this date) be added to the agenda of this meeting for consideration at this time: AND FURTHER that as recommended by the City Manager, Gerald M. (Gary) Lawson be appointed as the City's nominee on the Arbitration Board in the matter of the collective bargaining dispute between the City of Saint John and the Saint John Fire Fighters' Association, Local 771, I.A.F.F. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 7. Concrete Versus Asphalt Sidewalks Consideration was given to the City Manager's report, which was tabled at the last meeting, on the matter of concrete versus asphalt sidewalks. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the above report be received and filed. Councillor Chase made the observation, in response to his question as to whether there were some streets where it might be more appropriate to use a concrete curb and asphalt sidewalk because it would save some money, that staff defended the policy to use concrete curb and sidewalks; and advised that, having taken the opportunity to consult with some engineers who were specialists in that field, the above report was reflective of the engineering technical opinion in the field that money spent for concrete curb and sidewalks was indeed a wise expenditure of the City's funds. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 8. 1999 Capital BudQet Consideration was given to a report from the City Manager recommending a1999 Capital Budget for the General Fund in the amount of $11,927,000, and for the Water and Sewerage Utility in the amount of $6,800,000, for a total investment of $18,727,000; commenting on the budget process, as well as on specific projects included in keeping with Council's number one priority of encouraging economic development and tax base growth, and in protecting property investment in the Flood Risk Area, maintaining and enhancing the transportation network, protecting the environment, ensuring a constant delivery of safe potable drinking water, and maintaining the City's commitment to processes supported technology; and recommending adoption of the resolution as set out herein. 87 -389 COMMON COUNCIL MARCH 1, 1999 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the amount of $11,927,000 be adopted as the estimate of the Capital Programs to be undertaken within the General Fund for the year 1999, and the amount of $6,800,000 be adopted as the estimate of the net expenditures for Capital Programs to be undertaken within the Water and Sewerage Utility for the year 1999. Mr. Totten highlighted the above report, and the Council members spoke, in turn, on the 1999 Capital Budget. Question being taken, the motion was carried. 9. BorrowinQ Resolutions Read a report from the City Manager setting out resolutions to formalize the line of credit with the City as the Bank required the appropriate resolutions for 1999. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that for general operating purposes: 1. The Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1999; 2. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. The Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; and 4. The Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source; AND BE IT FURTHER RESOLVED that for the purposes of bridge financing on Capital Expenditures: 5. The City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; 6. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 87 -390 COMMON COUNCIL MARCH 1, 1999 7. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an agreement or agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 10. Replacement Of IBM AS400 Public Safety Communications Centre Consideration was given to a report from the City Manager noting that the Computer Aided Dispatch system and other associated computer applications utilized by the Public Safety Communications Centre (PSCC) operated on an IBM AS400 Model F45 computer located at Fire Station #1, and the City was recently notified by IBM that it would no longer support this after March 31, 1999 unless an upgrade to a Model 620 was performed; and recommending the acquisition of Model 620. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of an IBM AS400 Model 620 and associated installation services from MITllnformation Technology Inc., at a cost not to exceed $150,000. Question being taken, the motion was carried. 11. Tender For Cars On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender submitted by Lorne Brett Chevrolet Oldsmobile Cadillac Ltd., in the amount of $20,310 each plus tax, be accepted for the supply of two 1999 Chevrolet Lumina 4-door, front-wheel drive sedans for the Saint John Fire Department. Question being taken, the motion was carried. 12. Tender For Life Insurance On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Clark Administrative Consultants Ltd., on behalf of The Co- operators Ltd., be accepted for the provision of nineteen $5,000 paid-up life insurance policies for retired City of Saint John employees, at a total premium cost of $39,428.10. Question being taken, the motion was carried. 13. Response To Request To Extend Gorman Arena Schedule Read a report from the City Manager in response to the request of the Saint John Youth Hockey Association, considered by Council at its last meeting, for the City to keep the Gorman Arena open for an additional fourteen days for a tournament on April 9, 10 and 11,1999. 87 -391 COMMON COUNCIL MARCH 1, 1999 On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the City of Saint John oblige the request of the Saint John Youth Hockey Association and make the Gorman Arena available on April 9, 10 and 11, 1999, in accordance with the normal arena rental policy, plus any associated overtime costs. (Councillor Fitzpatrick withdrew from the meeting.) Councillor Court noted the presence at the meeting of John Richardson and Diane Warner of the Youth Hockey Association. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that John Richardson and Diane Warner of the Saint John Youth Hockey Association be invited to address Council at this time. Question being taken, the motion was carried. John Richardson advised that participation in the three-day event would involve young men and women in the range of 18-20 years of age from Prince Edward Island, Nova Scotia and New Brunswick, and commented on Diane Warner's efforts on behalf of the Association. Question being taken, the original motion was carried. 14. Payment To Canada Games Aquatic Centre - Boiler And Chiller Systems On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the payment of $82,989.36 to the Canada Games Aquatic Centre representing the capital costs associated with repair and replacement of its boiler and chiller systems, as noted in the submitted report from the City Manager dated February 26, 1999, and the costs be added to the 1998 capital budget for the facility. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Desmond withdrew from the meeting.) 15. 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 22, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Common Council (1) accept the proposal made by Corporation 1906 Inc. for the purchase and development of Lot 97-1, Paradise Row (NBGIC Number 55143077); authorize the sale of Lot 97-1, Paradise Row to Corporation 1906 Inc. for the purchase price of $57,600 plus applicable 87 -392 COMMON COUNCIL MARCH 1, 1999 taxes and closing costs, upon the terms and conditions of Proposal Call REFM 99-1A, with the bid deposit of $2,880 to be held as a down payment on the property; and (2) accept the proposal by Stephen Halsall for the purchase and development of 471 Millidge Avenue (NBGIC Number 55115059; authorize the sale of 471 Millidge Avenue to Stephen Halsall for the purchase price of $31,100 plus applicable taxes and closing costs, upon the terms and conditions of Proposal Call REFM 99-1 B, with the bid deposit of $1,555 to be held as a down payment on the property; and further that the Mayor and Common Clerk be authorized to execute the deeds, and all other bid deposits be returned. March 1, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Re Proposals For Purchase And Development Of Land Surplus To City On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. (Councillor Desmond re-entered the meeting.) 16. Planning Advisory Committee - Section 101 AQreement Re 71 Cook's Lake Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act to ensure that the conditions imposed by the Planning Advisory Committee on 71 Cook's Lake Road, excluding conditions (g) and (h) as set out in the Committee's submitted report to Council dated February 24, 1999, are satisfied. (Councillor Fitzpatrick re-entered the meeting.) The initial motion was to adopt the Planning Advisory Committee's recommendation, such motion changed to that above with the consent of the mover and seconder on the advice of the City Solicitor that, if Council were supportive of a Section 101 agreement, the agreement to authorize be one that did not include conditions (g) and (h) as set out in the Planning Advisory Committee's report as those conditions relate to the possible realignment, sometime in the future, of Cook's Lake Road and, if it turned out to be the case that the developer wished to do that at some time in the future, it would be necessary to examine more closely the status of that Road and determine the appropriate course of action to take. Question being taken, the motion was carried. 17. Planning Advisory Committee Subdivision - 210 Osborne Avenue On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted tentative subdivision plans of 210 Osborne Avenue which would vest a new public street (cul-de- sac) from Somerset Street and a 70-square metre (753-square foot) parcel of land for street purposes from the subject property, as well as to any required municipal services and public utility easements; (2) authorize the preparation and execution of one or more 87 -393 COMMON COUNCIL MARCH 1, 1999 City/Developer subdivision agreements to ensure provision of the required work and facilities, including drainage and site plans for the approval of the Chief City Engineer; and (3) authorize cost sharing outside the limits of the proposed subdivision. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 18. Manufactured Housing Association Of New Brunswick Re "CreatinQ Communities" Video On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Manufactured Housing Association of New Brunswick requesting that the video "Creating Communities" produced by the Canadian Manufactured Housing Institute in conjunction with provincial associations across Canada be viewed at an open session of Council in the near future and, at which if desired, one of its representatives would attend -- be received and filed. It was noted that the video was available in the Common Clerk's Office. Question being taken, the motion was carried. 19. Port New Brunswick - Saint John Re Sponsorship National Transportation Week On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Port New Brunswick - Saint John requesting the City's participation through sponsorship dollars in National Transportation Week, May 30-June 1, 1999 -- be received and the City purchase a silver sponsorship in the amount of $1,500. Question being taken, the motion was carried. 20. Glen Carpenter - Section 39 Amendment Re-ZoninQ 2435-2441 Golden Grove Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Glen Carpenter for an amendment to the Section 39 conditions of re-zoning of the property at 2435-2441 Golden Grove 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 12, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 21. John Cudmore Enterprises Inc. Amendment To Section 39 Conditions Re-ZoninQ Of 1120 Loch Lomond Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the application of John Cudmore Enterprises Inc. for an amendment to the Section 39 conditions of re-zoning of the property at 1120 Loch Lomond 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 12, 1999, at 7:00 o'clock p.m. 87 -394 COMMON COUNCIL MARCH 1, 1999 Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor White RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk