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1999-03-08_Minutes 87 -395 COMMON COUNCIL MARCH 8, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth 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, Titus, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; B. Steeves, Engineering; D. LeBlanc, Real Estate and Facility Management; 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 Rev. Doug Woods of Silver Falls United Church offered the opening prayer. (Councillor Chase withdrew from the meeting.) 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on March 1, 1999, be approved. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary expressed appreciation to City employees in clearing streets of snow from a heavy snowfall over the weekend; and congratulated Baxter Dairies in joining with Dairy World Foods, for the first national dairy in Canada. The Mayor spoke about the Saint John Flames Hockey Team at Harbour Station in view of recent discussion about the relocation of the AHL team from Fredericton to Quebec City and the effect it might have on the Flames and the City of Saint John. (Councillor Chase re-entered and Councillor Vincent entered the meeting during the above remarks.) Councillor White commended the City of Saint John Police Commission, Chief Cogswell and members of the Police Force for the initiatives they have undertaken in the last few months, including the DARE Program, the establishment of community- based policing in various parts of the City, the recruitment of auxiliary police, the anticipated study in regard to the pursuit of a new police station in the community, and a project involving liaison police officers in various high schools in the City on a regular basis; and noted the Saint John Police Force's forthcoming celebration of its 150th anniversary this year with a special dance on May 1. 87 -396 COMMON COUNCIL MARCH 8, 1999 On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that a letter be sent from the Mayor and Council to Mr. E. Keyes, Chairperson of the Saint John Board of Police Commissioners, and copied to Chief Cogswell, expressing support and congratulations for the positive initiatives that are being undertaken at this time by the Commission. Question being taken, the motion was carried. 6. Costs Associated With Contract 98-3 On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the costs associated with Contract 98-3, asphaltic concrete street resurfacing, as outlined in the City Manager's submitted report dated March 4, 1999. Question being taken, the motion was carried. 7. Added Expenditure Contract 98-19 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the added expenditure of $27,361.81 on Contract 98-19, Boars Head Road/Millidge Avenue/Somerset Street sanitary sewer project, for a final contract value of $784,591.81. During discussion Mr. Groody advised that. in the case of all City jobs, field inspectors work directly with the project engineer responsible and, in this case with respect to the rock specifically, ADI, the consultant who did the design work on the City's behalf, did some testing for rock based on which the original estimated amount of rock to be removed was about 100 cubic metres; however, in the end, almost 1000 cubic metres of rock had to be removed; and made the observation that, while he could understand the concern, the City's approach to contracting was quite standard, being unit cost contracts and if, for example, there had not been any rock in this case, the City would not have paid for removal of rock; and Councillor Chase advised his intention to vote against the motion on the basis of his view that the bidding contractor should assume the risk of an added expenditure such as that above. Question being taken, the motion was carried with Councillor Chase voting "nay". 3. Re Youth Info Fair Read a letter from Janet Scott, Youth Coordinator of a Youth Info Fair "Take On Your Future", sponsored by Human Resources Development Canada, to be held on March 22, 1999 at the Saint John Trade and Convention Centre, involving the Government of Canada, in partnership with Enterprise Saint John, the Province of New Brunswick, the University of New Brunswick - Saint John, the New Brunswick Community College - Saint John, and Centre scolaire-communautaire Samuel-de- Champlain. Janet Scott, in addressing Council in the above regard, advised of the slogans upon which the Youth Fair would be based and the three areas on which it would focus - education, life styles and careers. 87 -397 COMMON COUNCIL MARCH 8, 1999 4. Transportation Study On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the City Manager submitting the Executive Summary and the Final Report - Saint John Transportation Study, undertaken on behalf of the City by FGA Consultants Ltd., in association with Geoplan Consultants Inc. and Godfrey Associates Ltd., and to be presented at this meeting; and recommending that the report be referred to the City Manager and appropriate staff for review and follow up -- be received and filed and the recommendation adopted. Don Good and Tim Holyoke of FGA Consultants were present at the meeting and, with overhead slides, Mr. Good presented the results of the Saint John Transportation Study, being a culmination of the work conducted by the consulting team over the period from early February 1998 to the end of February 1999. Mr. Good reviewed the Study background, the objectives and scope of, and process followed to complete the Study, as well as the four analyses of the existing street network and traffic flows conducted as follows: (1) the reclassification of City streets to be consistent with their current and future function and the Transportation Association of Canada urban standards, (2) an assessment of the City's designated truck routes; (3) a level-of-service analysis of each signalized intersection within the City to identify deficiencies in intersection capacity and to recommend short-term improvements attainable through signal phasing and intersection approach turning lane additions, and (4) the development and calibration of the QRS II traffic simulation model to replicate the existing street network and City travel flow patterns for further evaluation of potential present and future network improvements. Mr. Good also reviewed the most prominent of the traffic problems that surfaced, through the post-expansion period, being_East- West bridge capacity, Simms Corner, the Lower Cove Loop, East Side Throughway access, North-South Arterial, peak hour work traffic, and special event generator traffic, along with the ratings given the existing levels of service at signalized intersections and the anticipated results if no improvement alternatives were implemented within the Study area, pointing out the intersections at which capacity, delay and congestion problems were projected to occur, as well as how imperative it was for the City to continue to upgrade existing outdated traffic control equipment with new equipment that would enable signal optimization and the capability to adjust to reflect traffic demand on the approaches. Mr. Good addressed the twenty-three potential street Network Improvement Options evaluated, some of which would involve significant additions to the arterial street network whereas others would involve the upgrade of existing arterials to higher standards, and all of which would involve the addition of capacity to the City's street network, some being far-reaching in their impacts, while others would impact only their local area; and, in doing so, divided the City into four major areas: Uptown/Central Peninsula, North End/Millidgeville, West Side, and East Side. Mr. Good advised that a total of twenty-five Network Improvement Packages were established to test different combinations of the Network Improvement Options, and these Improvement Packages were grouped for discussion purposes by their principle impact area: Uptown Improvement Packages, East-West Improvement Packages, and East Side Improvement Packages; and apprised Council of the Options included in the Improvement Packages for the areas concerned, with the urgency to complete two of the improvements right away having become apparent during the course of the Study, those being Option 2 - Simms Corner realignment and signalization, and Option 4 - Mark Drive extension and realignment. Mr. Good summarized the components of, and implementation plan for, Improvement Package F2 which was selected as the most effective set of network improvement options to address the City's travel demand for the twenty-year plan period, and also selected as a result of the overall cost effectiveness assessment considerations; and responded to questions in this regard. Question being taken, the motion was carried. 8. Traffic By-law Amendment Re Narrow Residential Streets And Review Of Matter Of On-Street ParkinQ Generallv Consideration was given to a report from the City Manager advising of parking problems caused by on-street parking, particularly on narrow residential streets, which increase greatly in the winter when the buildup of snow and ice can significantly 87 -398 COMMON COUNCIL MARCH 8, 1999 reduce available street width, particularly with regard to Montgomery Crescent, Cranston Avenue, Maple Row, Woodville Road, Rosedale Crescent, Harmony Drive and Skyline Drive, and proposing that section 5(4) of the Traffic By-law be amended to prohibit parking where the width of the street is less than 7.9 metres (26 feet), which would affect Harmony Drive, Skyline Drive, Rosedale Crescent and Maple Row, and further that Council adopt a policy for streets being less than 10.8 metres (35.4 feet wide) that would permit a By-law amendment being considered to restrict parking (to one side only) in problematic circumstances, such amendment to be specific to Cranston Avenue, Montgomery Crescent and Woodville Road. The report refers to section 7(2) of the Traffic By-law which prohibits parking for more than four hours unless the vehicle has a valid residential parking permit in that, if properly administered, this section could be an effective tool in addressing local parking problems; also advises of the Parking Commission's concern with the institution of a total ban on overnight parking; and recommends that (1) Council adopt a general policy that, where a street is less than 10.8 metres (35.4 feet) wide, the Traffic By-law may be amended to restrict parking to one side only; (2) first and second readings be given to amend section 5(4) paragraph (a) of the Traffic By-law by deleting the words "6.5 metres (21 feet)" and adding the words "7.9 metres (26 feet)"; (3) first and second readings be given to amend Schedule "B" - No Parking Anytime of the Traffic By-law with respect to Woodville Road - Chapel Street to City Line, Montgomery Crescent - Wellesley Avenue to same, and Cranston Avenue - Fifth Street to Thornborough Ave; (4) amendments under recommendations 2 and 3 be referred to the Legal Department prior to consideration of third reading; (5) a process be initiated to review the appropriateness of section 7(2) of the Traffic By-law, and to make recommendations as to its future application; and (6) provisions for on-street parking during the winter months be reviewed in conjunction with the Saint John Parking Commission and the Saint John Police Force, and that appropriate public consultation be included in that process. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Council adopt a general policy that, where a street is less than 10.8 metres (35.4 feet) wide, the Traffic By-law may be amended to restrict parking to one side only: AND FURTHER that the remainder of the City Manager's above report be referred back to staff. The Mayor asked if, for example, the petition from Harmony Drive residents to Council on January 4, 1999 requesting no parking on either side of the street, was taken into consideration in the above report; noted the anticipated report on the parking issue on Cranston Avenue, which was referred to the City Manager on February 22, 1999 was not addressed in the above report; and advised that she wanted to ensure that the City communicated with the citizens, taking into consideration what they want with respect to parking. Councillor Trites, in noting that adoption of recommendation (1) above would be in keeping with the standards found in the Transportation Association of Canada standards manual, expressed concern about the remainder of the report in terms of it making sense in reality, although on paper it might make sense; and questioned the number of streets in the City that would be less than 7.9 meters in width with the observation that, bringing forth such a recommendation without discussion, was unacceptable to him in view of the extent of the population which could be affected in view of the age of the City. Mr. Groody responded to questions on the number of streets that could be affected and on the extent of consultation with residents on the streets concerned, adding that, in adopting the general policy under (1), if there were a concern expressed by a citizen and a need to restrict parking, the specific street would have to be brought to Council; and during discussion he made the observation that recommendation (3) would follow up on recommendation (1) by acting specifically on the three streets concerned. Question being taken, the motion was carried. 9. City Market/PRUDE Inc. Consideration was given to a report from the City Manager advising of PRUDE Inc.'s approach to the City about occupying the vacant 4th floor of the City Market tower, at no rent and at the present arrangement it has on the 3rd floor, as it 87 -399 COMMON COUNCIL MARCH 8, 1999 requires additional space for some of its educational projects as well as fund-raising ventures; outlining the services provided and programs offered by PRUDE; and setting out a recommendation in this regard. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) the fourth floor of the City Market be rented to PRUDE at no charge for a 5-year period on a month-to-month basis; (2) at the end of such period, an agreed- upon rent should be paid equal to fair market value; (3) the City extend the electrical power to the 4th floor; (4) PRUDE be responsible for payment of electrical charges used on the 4th floor; (5) PRUDE apply for a building permit outlining the work to be done, attend to all life safety issues as outlined in a report from the Building Inspector dated 16 April 1998, and PRUDE not occupy the 4th floor until a temporary occupancy permit has been issued by the Building Inspector; and (6) PRUDE provide the City with evidence of insurance coverage on general liability. Question being taken, the motion was carried. 10. Purchase Of CNR Land Located AlonQ Marsh Creek Read a report from the City Manager advising of staff's involvement in ongoing discussion for some time with CNR and its agent with respect to the purchase of approximately 50 acres of land located on the north side of Rothesay Avenue extending from behind One Mile Car Sales to MacKay Forest Products, as indicated on the submitted plan, the purchase of which would lend itself to the Glen Falls Flood Control Program. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City purchase approximately 50 acres of land situated on the north side of Rothesay Avene from the Canadian National Railway for the purchase price of $55,000 (plus HST), with CNR to provide a deed acceptable to the City Solicitor. Councillor Chase asked if the land in question could be used as the site for the new Works garage, to which Mr. MacKinnon advised that, having been on the land, he did not think it would lend itself, either by access or the physical characteristics, to a Works operation. Councillor Trites asked if the City was knowledgeable about contamination possibilities within that land and if it would be accepting any liabilities in making the purchase, to which Mr. MacKinnon advised that, having had this discussion in-staff and having talked to CN, if the City wished to do an impact assessment, it could, but CN was not prepared to do it; however, from the point of view of staff's impression, this land, which is not in Marsh Creek itself but adjacent to it, was land that had not been used, with the only activity adjacent to it being the shunting of trains back and forth, and it was reasonable to assume that the City did not have to worry about it as it would not be used for a construction site but rather for an overflow of water, to store water and then drain it off again. Councillor Trites expressed concern about this large piece of land being adjacent to an area that was used for such activities for a long time without any real environmental controls or restrictions, and suggested that it would be in the City's best interest to do a few test holes, at least, to assure itself that it was not buying fifty acres of contaminated land as there may be a liability there against which the City should protect itself. Councillor Titus advised that he would not support the motion as $55,000 was too much for the land in question and there was a potential for an environmental hazard there. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be referred back to the City Manager. 87-400 COMMON COUNCIL MARCH 8, 1999 Councillor Fitzpatrick advised that the reason for the referral motion was because of his concern about potential liability should the soil be contaminated and water run-off could cause problems, and he would like a report on whether or not an environmental assessment should be done and, if not, why not. Question being taken, the referral motion was carried. 11. Zoning By-law Amendment - Re-zone Former Cedar Point Road Property Consideration was given to a report from the City Manager referring to Cedar Point Estates Ltd.'s application on the agenda of this meeting under item 20 for the re-zoning of property on Woodward Avenue in that the proposal includes a portion of land owned by the City which was previously part of Cedar Point Road prior to that Road being closed and, at this time, it would be appropriate for Council to give permission for this land to be included in the required re-zoning advertisement as this would facilitate the proposed development if it were to be approved; and recommending that Common Council initiate the re-zoning of a portion of City land adjacent to the property which is the subject of the application of Cedar Point Estates Ltd. from "RSS" One Family Suburban Residential to "R-1A" One Family Residential classification. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the proposed re-zoning of a portion of City land adjacent to property on Woodward Avenue, which is the subject of Cedar Point Estates Ltd.'s application for re-zoning, be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 12, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 12. Business Park Development Incentives Consideration was given to a report from the City Manager submitting, as Appendix I, four site specific recommendations and five policy recommendations taken from the report of the Business Park Development Task Force which was submitted to Council on October 5, 1998 by Enterprise Saint John and referred to the City Manager, and, as Appendix 2, a proposed Business Park Development Incentive Program that would respond to the needs and issues outlined herein, and offer two alternative funding mechanisms designed to encourage the development of high-quality, development- ready business parks; and setting out a recommendation for Council's consideration. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, (1) Common Council endorse the development of one or more business parks in the City of Saint John as contemplated in the Municipal Plan; (2) the general location criteria set out in the Saint John Industrial Infrastructure Needs and Market Potential Study be used as the basis for the evaluation of potential business park locations; (3) Common Council approve the creation of a business park incentive funding program as per the terms and conditions set out in the submitted Appendix 2; (4) Common Council direct staff to prepare the necessary amendment(s) to the Subdivision By-law; (5) based on the recommendations of the Enterprise Saint John Business Park Development Task Force contained in the Identification of Sites for Future Business Park Developments in Greater Saint John report, the City of Saint John support the timely development of the Millidgeville and Mark Drive sites as business parks; (6) Common Council allocate $500,000 in the 1999 Capital Budget to fund the infrastructure development incentive component of the Business Park Development Incentive Program; and (7) Common Council allocate $1,500,000 in the 1999 Capital Budget to fund the roadway construction component of the Business Park Development Incentive Program. 87 -401 COMMON COUNCIL MARCH 8, 1999 (Councillor Trites re-entered the meeting.) Mr. Woods highlighted the above report during which time, in response to concern about the proposed amount to be allocated for the proposed incentives, he confirmed that the amount in question had already been approved in the 1999 Capital Budget; and, with regard to whether or not the Legal Department had input in this matter, responded in the affirmative, explaining that the revised document (copies of which were distributed to Council members at this meeting) resulted from another discussion with the City Solicitor earlier this date. Question being taken, the motion was carried. 13. 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, March 1, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the Nominating Committee, (1) Andrew J. MacGillivray be appointed to Greater Saint John Economic Development Commission Inc. (Enterprise Saint John) for the unexpired term of E. Neil McKelvey; and (2) William R. Fitzpatrick and Charles A. Nelson be appointed to the Saint John Airport Authority for a term of three years. March 8, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 13.1. Appointments - Enterprise Saint John And Saint John Airport Authoritv On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Titus advised that, not having been present for discussion in the above regard, he would be opposing the motion. Question being taken, the motion was carried with Councillor Titus voting "nay". 14. Saint John Board Of Police Commissioners Re Health And Dental CoveraQe On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its adoption of a resolution accepting the health and dental coverage in accordance with Common Council resolution of February 8, 1999 -- be received and filed. Question being taken, the motion was carried. 87 -402 COMMON COUNCIL MARCH 8, 1999 15. Transportation Association Of Canada Urban Transportation Council Re New Vision For Urban Transportation On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from the Transportation Association of Canada Urban Transportation Council submitting briefings titled "Achieving Livable Cities" and "A New Vision For Urban Transportation", the latter having been formally endorsed by the Federation of Canadian Municipalities, the Halifax Regional Municipality and others; also submitting a sample resolution; and suggesting that Council endorse the principles in the New Vision -- be referred to the City Manager for a report to Council. Councillor Trites first proposed a motion to receive and file the above letter, and the Mayor suggested that, as the Transportation Council would like Council to endorse its Vision, this matter could be referred to staff for review and a report to Council. Question being taken, the motion was carried. 16. Spectrum Enterprises Ltd. Re-Zoning Of Property At 101 Boars Head Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that the application of Spectrum Enterprises Ltd. for the re-zoning of property at 101 Boars Head 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. 17. Marine Workers' Federation Re National ShipbuildinQ Policv On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Marine Workers' Federation advising that it was now embarking on a Canada-wide information and card-signing campaign to make known the importance of a national shipbuilding policy, and to build consensus and support for this issue within the communities; submitting, along with its policy document, other information on its industry, including a resolution for which Council's support was being asked; and requesting a meeting with Council in March to make a presentation and seek support -- be referred to the City Manager for consultation with Terry O'Toole and Gary Marr of the Local Union. The Mayor noted that staff, in consultation, might want to have the Federation address Council, and also that the proposed policy did not mention Saint John Shipbuilding. Question being taken, the motion was carried. 18. Saint John Volunteer Centre One-Time Volunteer AssiQnment On motion of Councillor White Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Volunteer Centre asking Council's help in order to kick-off National Volunteer Week of April 18-24 through participation in a one-time volunteer assignment to be coordinated 87-403 COMMON COUNCIL MARCH 8, 1999 by the Centre -- be received and filed, with Council members interested in an assignment to contact the Volunteer Centre. Question being taken, the motion was carried. 19. Dennis G. Cormier - Re-Zoning Property 333 & 335 Main Street On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of Dennis G. Cormier for the re-zoning of property at 333 and 335 Main Street 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. 20. Cedar Point Estates Ltd. - Re-zoning Of Property On Woodward Avenue On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the application of Cedar Point Estates Ltd. for the re-zoning of property on Woodward Avenue 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. Adjournment On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk