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1999-09-13_Minutes 87 -675 COMMON COUNCIL SEPTEMBER 13, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of September, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White - and - Messrs. 1. 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; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; J. Mcintyre, Manager of Human Resources; P. Morgan, Personnel Officer; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on Tuesday, September 7, 1999, be approved. Question being taken, the motion was carried. The Mayor recognized Councillors Trites and Titus who spoke respectively about attendance at the Federation of Canadian Municipalities Board of Directors meeting last week in Summerside, PEl, at which time FCM accepted Saint John's invitation to host the Board meeting in March 2002 and adopted the final report on its Millennium Quality of Life Infrastructure Proposal to the Federal Government; and about the 1999 United Way Campaign, and congratulated the West Side Co-Op Pre School and Barbara Gilliland of Saint John, who on September 12 were given awards by the Lieutenant Governor for Early Childhood Literacy at a ceremony in Fredericton which he attended. The Mayor commented on various events in Saint John during the past week, including the release of the Saint John Waterfront Strategic Plan, the Wirsbo project in McAllister Industrial Park, NB Power and West Coast Power's announcement of a $180 million project, RMH Teleservices Inc.'s announcement of an up to 800-job call centre, and cruise ship visits to the Port of Saint John; and noted ACAP's forthcoming Beach Sweep on September 18, and the completion of the review of proposed changes to the Municipalities Act. 4. Invitations To Council Members Read a letter from Councillor Fitzpatrick advising that he would like the opportunity to discuss the invitations that are given to Councillors to attend various events. Councillor Fitzpatrick commented in terms of lack of attendance at events and functions to which Council members were invited on the basis that, oftentimes, such invitations were received either after the date of the event or after the RSVP date. 87 -676 COMMON COUNCIL SEPTEMBER 13, 1999 5. Tourism - Visitor And Convention Bureau Consideration was given to a letter from Councillor Titus requesting the opportunity to discuss with Council improvements that could be made in the area of tourism (via the Visitor and Convention Bureau). Councillor Titus noted the lack of a tourist information centre on the City's East Side, as well as the lack of signage directing people from the East Side to a tourist information centre, and suggested that this should be addressed before the next tourist season. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 6. Re Condition Of Lou Murphy Overpass & Roadway Into Milford/Randolph Area And Greenhead & Russell Hill Roads Read a letter from Councillor Titus requesting the opportunity to discuss with Council the condition of the roadway leading into the Milford/Randolph area, including the Lou Murphy Overpass, as well as recent improvements to Greenhead and Russell Hill Roads. On the matter of the intersection of Russell Hill Road with Greenhead Road in front of the Denis Morris Community Centre, Mr. Groody explained the reason, for safety purposes, for making changes to the intersection when the sidewalk was installed in the area concerned due to a tendency for vehicles to access the turn at a higher than required speed than necessary and a problem with the length of the crosswalk at the intersection which made the approach unsafe. Councillor Titus noted the unsightliness of the uncompleted third lane from Dever Road over the Lou Murphy Overpass to Russell Hill Road, and suggested that this should be landscaped. Mr. Groody noted that, while the Overpass was the Province's responsibility, the rest of the area was the City's responsibility, and suggested that this matter should be referred to the Capital Budget process for possible landscaping. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the matter of the third lane from Dever Road to Russell Hill Road be referred to the Capital budget process for possible landscaping. Question being taken, the motion was carried. 7. Section 39 Conditions Re 27 Paradise Row Consideration was given to a report from the City Manager advising that, further to Council's tabling at the last meeting of a Planning Advisory Committee recommendation for Section 39 conditions to the proposed re-zoning of 27 Paradise Row, the applicant and his consultant met with Community Planning and agreed to modify the phasing of the development so that the first phase would now be building #5 as indicated on the submitted plan and, in this circumstance, traffic would be directed to Paradise Row, even in the short term; and setting out a recommendation similar to that of the Planning Advisory Committee and still appropriate for this revised phasing agreed to by the applicant, with condition (f) amended with the assistance of the Legal Department to clarify its intended operation. 87 -677 COMMON COUNCIL SEPTEMBER 13, 1999 On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council give third reading to the re-zoning of a parcel of land located at 27 Paradise Row, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the conditions as stated: AND FURTHER that Common Council assent to any necessary public utility easements with regard to 27 Paradise Row. Question being taken, the motion was carried. 16. Zoning By-law Amendment To Re-Zone 27 Paradise Row On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-513 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns zoning a parcel of land located at 27 Paradise Row (NBGIC Number 55143077), having an area of approximately 7200 square metres (1.8 acres), from "RM-1" Three Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to conditions: (a) requiring that the main driveway access be developed from Paradise Row; (b) requiring that any access to Millidge Street be signed for residential traffic only; (c) permitting the development to be used only for office, bank, residential personal service shop, and retail uses; (d) requiring that all new public utilities be placed underground; (e) requiring that the site be developed with paved parking areas, on-site catch basins, poured-in-place concrete curbs and landscaped areas, all as shown on a detailed site development plan prepared by the applicant and approved by the Development Officer; (f) requiring that the approved detailed site plan in (e) must be attached to all building permit applications (except for site preparation and services); and (g) requiring that subdivision plans creating the individual development sites, and deeds to those sites, contain a notation that the City has no responsibility to maintain the access or services to the individual sites. The by-law entitled, "By-law Number C.P. 100-513 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 8. Re City Market - Temperatures & Humidity On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the second interim report from the City Manager advising that, further to the report to Council on August 9, 1999 regarding higher temperatures and humidity at the City Market, there has been very little relief due to persistent outdoor warmer temperatures and, since the existing ventilation system relies on outdoor air for cooling, there was little to be gained by circulating warm air and, as a result, indoor temperatures were either close to or slightly higher than the outdoor temperature due to heat generated by the equipment within the building; also advising that, as there was now a need to engage an experienced and knowledgeable consultant to review the current complex situations and provide a list of possible solutions with cost estimates, staff has been in contact with several mechanical engineering firms for proposals in order to provide expertise/report/recommendations and, once a consultant was selected, work would begin immediately to investigate and prepare a report with recommendations for Council's consideration -- be received and filed. (Councillor Fitzpatrick withdrew from the meeting.) 87 -678 COMMON COUNCIL SEPTEMBER 13, 1999 Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 3. Rotary Building Fund - Renovations The Boys & Girls Club Of Saint John Gregor Hope appeared before Council further to the Rotary Building Fund's request for financial support for renovation work at The Boys & Girls Club of Saint John, which was tabled by Council at its July 26, 1999 meeting pending a presentation in this regard by the Building Committee; and introduced Heinz Schaerer, Chair of the Rotary Project Committee; Debbie Cooper, Executive Director of the Boys & Girls Club; Bob Boyce, Architect for the project; Gregory Zed, President of the Boys & Girls Club, and C.P. Theriault, Chair of the Boys & Girls Club Project Committee. Heinz Schaerer addressed Council on the fund-raising campaign being undertaken for the renovation work at the Boys & Girls Club to which each of the Rotary Club and the Boys & Girls Club Endowment Fund has committed $75,000 to date; and asked Council's support in providing $15,000 to assist in reaching the goal. Ms. Cooper advised of the Boys & Girls Club's needs in order to provide additional services to the children it serves, including teens, and children with physical disabilities; and Mr. Boyce described the nature of the $400,000 rejuvenation and repair work at the Club to provide barrier-free access and involving the gymnasium, shower rooms, additional activity space, relocation of the day- care facility, the dining room area, and repair and fix-up, as well as exterior work, including landscaping and paving. Mr. Schaerer advised the intent, with the commitment of funds, to proceed with the project to order to have it completed for the Boys & Girls Club's 100th birthday in May 2000. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the presentation on behalf of the Rotary Building Fund regarding renovations at The Boys & Girls Club of Saint John be referred to the budget process and to the City Manager for a report on the possible use of Land for Public Purposes funding for this project. At Councillor Desmond's request for review of the possibility of providing Land for Public Purposes funding for the project, referral to the City Manager was included in the above motion. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that item 17 A on the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 17A. Parking Commission 1998 Annual Report Mike Brown, Chairman, and Richard Smith, Administrator of the Saint John Parking Commission were present at the meeting with regard to the Commission's previously-submitted 1998 Annual Report; and responded to questions in this regard. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the 1998 Annual Report of the Saint John Parking Commission be received and filed. Question being taken, the motion was carried. 87 -679 COMMON COUNCIL SEPTEMBER 13, 1999 9. License Agreement To Deposit Fill On City Land Consideration was given to a report from the City Manager advising of a request of H.E. Merchant and Sons Ltd., the new owner of the Park Lane Estates development on Woodward Avenue, for permission to deposit rock and other granular material on City land located between the development and the Cedar Point Trailer Park; and also that, while the proposal herein would not directly result in a cost to the City, it would help to expedite the development of the approved phases of Park Lane Estates and would make the future extension of Cheryl Lee Lane more viable. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council authorize a license agreement with H.E. Merchant and Sons Ltd. for the purpose of depositing rock and other granular materials on a portion of NBGIC Number 51771 located between the Park Lane Estates development on Woodward Avenue and the Cedar Point Trailer Park, as generally shown on the submitted plan, provided that (1) the term for the license be 24 months; (2) the fee for the license be one dollar; (3) the City shall be co-named in the licensee's or its contractor or agent's liability insurance policy during the term of the license; (4) the liability insurance must be maintained during the life of the license agreement; (5) all filling of land be undertaken in conformity with all applicable Municipal by-laws or Provincial acts or regulations; (6) all blasting of rock on NBGIC Number 55046734 be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday; (7) all hauling and/or dumping of rock or granular materials onto NBGIC Number 51771 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday; (8) no cutting or clearing of trees, or filling of land, is to occur within 91.44 metres of the Cedar Point Trailer Park; (9) the City reserve the right to terminate the agreement upon 30 days written notice; (10) prior to issuing the license (a) the City's Chief Engineer must be satisfied that any drainage issues related to the filling of portions of NBGIC Number 51771 are addressed to his satisfaction; and (b) a plan illustrating the portion(s) of NBGIC Number 51771 to be filled must be submitted to and approved by the Development Officer; (11) the licensee must indemnify and save harmless the City of Saint John from and against all manner of actions, claims, demands, suits or loss of any nature whatsoever occurring out of or in respect to the exercise of the license by the licensee; and (12) notwithstanding any contribution by the licensee for capital improvements to the land, the licensee shall not acquire any interest, either at law or in equity, in the land and it is expressly agreed and understood between the parties that this condition and the above-noted indemnity shall survive the license; and further that the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 10. Status Of North End Wastewater Scheme Under Infrastructure ProQram On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the report from the City Manager updating Council on the budget status of the North End Wastewater Scheme projects under the Canada/New Brunswick Infrastructure Program; and recommending that Common Council approve the utilization of approved capital funding as outlined herein, be received and filed and the recommendation adopted. Councillor Chase, noting staff's recommendation for ADI Limited to be retained as an extension to the North End Sewerage Scheme design to carry out design and contract administration for the sludge dewatering equipment upgrade at the Millidgeville watewater treatment plant, expressed the view that, for the amount of money involved, this project should be tendered. Question being taken, the motion was carried with Councillor Chase voting "nay". 87 -680 COMMON COUNCIL SEPTEMBER 13, 1999 11. Year 2000 Capital Expenditures On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the purchase of 13 emergency generators and 80 drop-down signs at a total cost of $150,160 (plus HST) in preparation for the potential impact of the Year 2000 computer problem, and the cost of these items be added to the 1999 Capital Budget. Question being taken, the motion was carried. 12. Employee Assistance ProQram Policv 301 (Revised) Consideration was given to a report from the City Manager submitting for consideration and approval a revised Policy - Employee Assistance Program, 301 POL, submitted as Appendix "A", and outlining the revisions in the proposed Policy. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the above report be received and filed and Council adopt the revised Policy 301 Employee Assistance Program, submitted as Appendix "A". Question being taken, the motion was carried. 13. Electoral Process On motion of Councillor Ball Seconded by Councillor White RESOLVED that the report from the City Solicitor advising that, further to Common Council resolution of August 23, 1999 requesting the Cities of New Brunswick Association to petition the Provincial Government to amend the Municipal Election Act to require disclosure of campaign contributions and contributors, he has been informed by the Province's Chief Electoral Officer that the matter in question has been frequently raised with her office in recent years and currently an all-party advisory committee was considering the subject of electoral reform and would welcome any representation the City might make, either separately or in conjunction with the Cities Association; and also advising that, if Council wished to make a submission to the Advisory Committee on Electoral Process, it would be appropriate to do so through the office of the Chief Electoral Officer, be received and filed. Question being taken, the motion was carried. 14. Suggested Augmentation Of Conflict Of Interest Provisions On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the report from the City Solicitor examining, further to Council's September 7, 1999 referral of suggested conflict of interest provisions for Council-appointed committees, the potential application of such a suggestion by, firstly, identifying those bodies to which Council has authority to impose the suggested restriction and, secondly, to identify those to which Council has no such authority, and briefly addressing the current review of the Municipalities Act from the perspective of its conflict of interest provisions, be received and filed. Question being taken, the motion was carried. 87-681 COMMON COUNCIL SEPTEMBER 13, 1999 15. Municipal Plan Amendment And Re-ZoninQ 124 Waterloo Street Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of the Catholic Diocese of Saint John for a Municipal Plan amendment and re-zoning of property at 124 Waterloo Street, and no written objections have been received in this regard. On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the application of the Catholic Diocese of Saint John for a Municipal Plan amendment and re-zoning of property located at 124 Waterloo Street 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, October 18, 1999. Question being taken, the motion was carried. 17. 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 when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus and White, and your Committee submits the following recommendation, namely: 1. That with regard to the August 23, 1999 presentation of Visit Canada Visitez of a proposal for a walking trail project at Rockwood Park, Council adopt the City Manager's recommendation to authorize Mayor McAlary to send a letter to the Millennium Board of Canada stating that the City of Saint John supports the Visit Canada Visitez project, and that the City of Saint John will provide funding of $20,000 in each of the next two years, providing that the project receives the millennium funding requested. September 13, 1999, Saint John, N.B. Respectfully submitted, (sgd) Shirley McAlary, C h air man. 17.1. Visit Canada Visitez Proposal On motion of Councillor Ball 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. The Mayor noted that the September 20, 1999 Council meeting would commence at 4:30 p.m. in open session for the presentation of the Water Strategy, recess between 6:30 p.m., and reconvene at 7:00 p.m. for the remaining agenda items. Adjournment The Mayor declared the meeting adjourned. Common Clerk