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1999-09-20_Minutes 87 -682 COMMON COUNCIL SEPTEMBER 20, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of September, 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. 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; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Property Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; E. Giffin, Senior Project Engineer; B. Keenan, Manager, Water and Wastewater; C. Vriezen, Superintendent of Water Treatment and Pumping; D. Price, Project Engineer; Ms. H. Young, Design Engineer; 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. Wally Corey of St. Mary's and St. Bartholomew's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor White Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on September 13, 1999, be approved. Question being taken, the motion was carried. 3. Presentation Of Water StrateQY Read a report from the City Manager submitting copies of the Water Strategy and the Water Strategy Executive Summary for presentation at this meeting; and recommending that Common Council refer the Water Strategy report to the City Manager and staff for appropriate review and follow up. (Councillor Ball entered the meeting.) Mr. Groody made the observation that the central recommendation of the Water Strategy was the transition to the full treatment of all potable water, which would require the separation of potable and industrial water supplies and the reconfiguration of large sections of the transmission and distribution system, and that the report, among other things, speaks to the protection of watersheds, pressure problems, reservoir storage capacity, metering, and potential service extensions. Mr. Hanlon, Chairman of the Technical Steering Committee, spoke in terms of Health and Welfare Canada's changes in the Guidelines for Canadian Drinking Water Quality since 1979, while the City of Saint John's way of making its water safe to drink had been unchanged since the 1930s, as well as on the City's efforts, for over a decade, in working around the issue of full treatment for the City's water system, and also on the major undertaking that would be required to prepare the City's water systems for water treatment and to implement such treatment. 87 -683 COMMON COUNCIL SEPTEMBER 20, 1999 Ken Hannah of Godfrey Associates Ltd., William Gates of W.H. Gates Utility Consultants Ltd., Richard Stephenson of Porter Dillon Limited, and William Hargrave of Hargrave & Burdick Environmental Inc., were in attendance at the meeting representing the consultant team for the Water Strategy Project and, with a computerized presentation, highlighted the Water Strategy report which was structured as follows: Part I - Background to Study; Part II - Existing Facilities; Part III - Rationale and Methodology for Future System Design; Part IV - Alternative Servicing Scenarios; and Part V - Summary of Conclusions and Recommendations. During the presentation, Council was apprised of two issues of concern encountered by the consultant group during the review of the existing water system, one being high per capita potable water consumption, the other being low tank storage, neither having a major effect on the existing system but would become more important when water treatment was required; and issues of lost or unaccounted-for water were addressed, with suggestions made on metering and meter testing, utility rates and billing, discounts rates, and water shut-off for non-payment of bills. The six alternative servicing scenarios, as detailed in the Strategy, were analyzed, four of which were required by the Terms of Reference, with Option 5 added by the consultant team, and Option 2B requested by the Steering Committee, with Option 1 proposing to treat both potable and heavy industrial water with a treatment plant at both the east and west sources; Option 2A proposing two treatment plants, maintaining the separation of the east and west systems but treating only potable water; Option 2B being identical to Option 2A except that the eastern industrial raw water transmission main was not created thus requiring all industrial water to be sourced from the West - the Spruce Lake System; Option 3 proposing one treatment plant on Spruce Lake to supply potable water for both sides of the City while raw water would be delivered for an industrial supply from the Loch Lomond System; Option 4 being the reverse of Option 3 with a treatment plant on Loch Lomond Supply for potable water and all industrial water supplied by Spruce Lake; and Option 5 being a modification of Option 4 with an eastern industrial raw water transmission main introduced to permit industrial water to be drawn from either the east or west sources, therefore maintaining the current flexibility to transfer the industrial water demand from either source, with the two preferred servicing alternatives being Options 4 and 5, with Option 4 considered the preferred Option at an estimated capital cost of $63,043,000, and (1) providing all treated water from a newly constructed water treatment plant located near Latimer Lake; (2) minimizing the capital cost of new infrastructure required at $63 M; (3) reducing the annual and long-term operating cost to an acceptable level; (4) improving potable water service throughout the system; (5) providing the required storage system; (6) separating the potable and major industrial systems; (7) able to be modified into Option 5, 2A or 2B if the demand required or external funding sources offset the capital cost differential; and (8) stabilizing operating pressures and minimizing isolated pressure zones. In terms of implementation, Council was advised that, as many years of work would be required before construction of a plant could begin at the lakehead, work should begin immediately with the collection of raw water data which is essential for the treatment plant design process, a major leak detection program which can potentially have a significant impact on construction costs, construction of additional storage capacity to at least NBDOE draft guideline levels, reconfiguration of the industrial water transmission system which is necessary prior to recommended modifications to the potable system, and reconfiguration of the potable transmission system, each of these items being required before a plant could be brought on line. Council was also advised of the inclusion in the Water Strategy Project of several specific tasks relating to the water system beyond the analysis of the servicing alternatives, including the development of an extensive computer model of the water system involving over 2500 individual pipes and representing over 240 miles of watermain, automatic valves, pumps and reservoirs, with the model software and data files to be delivered to staff to be used as a tool in the design of capital infrastructure and operating solutions on the water system; and the completion of a two-component survey of water system stakeholders, the stand-alone analysis of the findings of a telephone survey which provided insight into residential customers' perception of the Utility having been delivered, and the summary results of data from interviews with and questionnaires to several major non-residential stakeholders to solicit their input on the water system performance and their future requirements, being included in the Water Strategy report. With regard to the analysis of 12 unserviced areas for extensions to the water system, which was a major component of the work completed under the Water Strategy Project, reference was made to a list of these areas with cost estimates, each area having required computer modeling, a residential unit count, infrastructure sizing, costing and mapping, with over $20 million in capital costs estimated to be required to extend the water system to all of the areas listed. Reference was also made to several associated reports completed by the consultant team under the Water Strategy Project, including a treatability study on raw 87-684 COMMON COUNCIL SEPTEMBER 20, 1999 water quality, a draft water meter specification, a review of the water utility rates, a feasibility review on metering, an inspection of Spruce Lake dam, a preliminary environmental screening matrix, and a water source evaluation. Members of the delegation responded to questions in the above regard during which time the Mayor, noting the intent for this portion of the meeting to continue until 6:30 o'clock p.m. at which time Council would recess and reconvene at 7:00 o'clock p.m. for the public hearing, asked the consultants if, as there were further questions from the Council members, they could return later in the meeting, and it was indicated that they could be available at 9:00 o'clock p.m. Following a recess at 6:30 o'clock, the Common Council meeting reconvened at 7:00 o'clock p.m. 9. Re United Way CampaiQn Consideration was given to a letter from Councillor Titus requesting that Council grant the United Way five minutes to make a brief presentation regarding the contributions of municipal employees. Rick Kauffmann, Chairman of the 1999 United Way Campaign, and Susan Greer, the City's Communication Officer and Municipal United Way Campaign Chair, were present at the meeting, and Mr. Kauffmann thanked the Mayor for her comments at the Campaign's official launching on September 17, and expressed appreciation to the City and its employees who, for many years, have been one of the strongest sectors of support to the United Way. Mr. Kauffmann and Ms. Greer presented United Way mugs to the Mayor and Councillors as a token of appreciation. * Added Items On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that a report from the Council Committee on Shipbuilding, and a report from the City Manager recommending an amendment to the City Market By-law (copies of which were distributed to Council members at this meeting), be added to the agenda of this meeting for consideration as items 7 A and 7B, respectively. Question being taken, the motion was carried. 4(a) Section 39 Amendment Re-ZoninQ 189 Waterloo Street The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions imposed on the September 29, 1986 re-zoning of property located at 189 Waterloo Street (NBGIC Numbers 14514, 55048334, 16139, 16121, 16113, 16105, 14530, 14522 and 13326), to permit the development of an office building with an area of approximately 45,000 square feet of space, in the first phase, as requested by Matrix Properties Inc., and no written objections were received in this regard. 4(b) Planning Advisory Committee Re Above & Re Subdivision Plan Vesting Proposed RealiQnment Of Hospital Street Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its September 15 meeting at which Gerry Webster, on behalf of the applicant, expressed agreement with the staff recommendation, except for the prohibition of the use of metal cladding in condition (b) and indicated that, if this restriction were included, it would add substantially to the cost of construction, and that he was willing to work with staff to ensure that the building projects a high-quality image; advising of the Committee's decision to adopt the staff recommendation with an amendment removing the reference to metal cladding in condition (b); and setting out a recommendation in this regard, as well as a recommendation for assent to a subdivision plan with respect to the proposed realignment of Hospital Street. 87-685 COMMON COUNCIL SEPTEMBER 20, 1999 Gerry Webster appeared in support of the amendment, representing Matrix Properties Inc., noted that the purpose of the application was for the first phase of the property development, and offered to respond to questions in this regard. Mr. Webster also noted the change made by the Planning Advisory Committee to Planning staff's recommendation. The Mayor suggested that a tabling motion might be in order. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be laid on the table until consideration of item 18 on the agenda of this meeting. Question being taken, the tabling motion was carried. 7. Mavor's Remarks Mayor McAlary advised that the City of Saint John was recognized as the first place winner of the Communities in Bloom Class of Excellence Award; and thanked the people involved in ACAP's beach sweep on September 17. Councillor Chase, the City's representative on the Fundy Region Solid Waste Commission, advised of locations in the City where depot stations had been established for recyclable items, specifically tin cans, #2 plastic containers, cardboard and paper. *7A. Council Committee On ShipbuildinQ On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Council Committee on Shipbuilding asking that Common Council support its efforts to write to the Cities of New Brunswick Association seeking a letter endorsing the Committee's efforts in support of the Canadian shipbuilding industry, and also seeking representation from the Association for any meetings that might be arranged in Ottawa to assist in this endeavour, be received and filed and Council support the Committee as requested. Question being taken, the motion was carried. *7B. City Market Bv-Iaw Amendment On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that many of the City Market tenants have agreed to open on Thanksgiving, October 11, Sunday, October 17, and Sunday, October 31 for cruise ship visits to the City; and recommending that first and second readings be given to the proposed amendment to the City Market By-law, be received and filed and the recommendation adopted: AND FURTHER that the by-law to amend the City Market By-law, with regard to opening on October 11, October 17 and October 31, 1999, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-law. On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law to amend the City Market By-law, with regard to opening on October 11, October 17 and October 31, 1999, be read a second time. Question being taken, the motion was carried. 87 -686 COMMON COUNCIL SEPTEMBER 20, 1999 Read a second time the by-law to amend the City Market By-law. 8. Re Goals & Priorities Read a letter from Councillor White advising that he would like to discuss the necessity and importance of Council discussing and finalizing immediate and long- range goals and priorities for the City of Saint John. Councillor White noted the presentations of the Water Strategy and the Waterfront Strategic Plan on the agenda of this meeting as well as Council's previous receipt of strategies for wastewater, economic development, and parks and open space, as well as a tourism marketing plan; and expressed the view that it was time for Council to set its goals and priorities. Councillor White also noted the Mayor's request, during the beginning of this Council's term, for each of the Council members to submit to her their particular three goals or priorities for discussion; and suggested that, as it was likely there would be a Committee of the Whole meeting on September 27, this could be one of the items for discussion. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the issue of long-range goals and priorities be placed for discussion on the September 27, 1999 Committee of the Whole agenda. The Mayor concurred that, as goals and priorities were last discussed at the March 20, 1999 Committee of the Whole meeting at the Union Club, it would be timely to continue this discussion. Councillor Court proposed that Council, on September 27, could set aside time to begin the process of setting goals and priorities so that plans could be made for the budget for next year, at which time it might be necessary to set a further meeting in this regard. Question being taken, the motion was carried. 10. Tender For Front Plows And WinQ Assemblies On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Craig Manufacturing Ltd. of Hartland, N.B., in the amount of $71,970, plus 15% HST, be accepted for the supply of three new hydraulic power angle front plows and wing assemblies. Question being taken, the motion was carried. 11. Tender For Wheeled Hvdraulic Excavator On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Quadco Equipment Inc. of Moncton, N.B., in the amount of $175,000, plus HST, be accepted for the supply of one new wheeled hydraulic excavator. Question being taken, the motion was carried. 12. Tender For 14' Combination Dump/Sanders On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of BWS Manufacturing of Centreville, N.B., in the amount of 87 -687 COMMON COUNCIL SEPTEMBER 20, 1999 $65,550, plus 15% HST, be accepted for the supply of three 14' combination dump/sanders. Question being taken, the motion was carried. 13. Tender For Plow Blades And EdQes On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for the supply of replacement plow blades and edges, for a period of one year from the date of award by Council, be awarded to the lowest tenderer to meet the specifications of the tender in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Tender For Contract 99-22 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 99-22, Milford Road-Seacliff Drive water and sewer construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $424,915, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Traffic By-law Amendment Traffic Flow On Leinster Street On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to Council's referral at its last meeting of the question of the feasibility of amending the Traffic By-law changing the direction of the one-way traffic flow on Leinster Street from Carmarthen to Sydney Streets, it is staff's recommendation to change the Traffic By-law to allow for the flow of traffic to be in a west-east direction as opposed to an east-west direction; also advising that the Parking Commission supports this proposal in principle, and suggests that residents in the area be consulted; and recommending that first and second readings be given to the Traffic By-law amendment and it be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to traffic flow on Leinster Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to traffic flow on Leinster Street, be read a second time. 87 -688 COMMON COUNCIL SEPTEMBER 20, 1999 Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 16. Traffic By-law Amendment ParkinQ On Main Street North On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to the request to Council on September 7, 1999 from the Food Bank and the Veterinary Clinic for half-hour parking on Main Street North, staff foresees no problem with a parking restriction at this location and recommends amending the Traffic By-law to allow half-hour parking between 9:00 a.m. and 5:00 p.m., Monday to Friday; and recommending that first and second readings be given to the Traffic By-law amendment and it be referred to the Legal Department for appropriate action, be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. 17. Collective AQreement With Local 771 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, subject to approval by the City Solicitor as to legality and form, Common Council authorize the Mayor and Common Clerk to execute the submitted collective agreement, dated September 1, 1999, between the City of Saint John and the Saint John Fire Fighters' Association, Local Union No. 771, IAFF. Question being taken, the motion was carried. 18. Old General Hospital Site Consideration was given to a report from the City Manager referring to Council resolutions of May 25, 1999, June 28, 1999 and August 9, 1999 regarding the Old General Hospital property, and advising that on the September 15, 1999 closing date of the sale of this property to Matrix Management Inc., staff received a request from 87 -689 COMMON COUNCIL SEPTEMBER 20, 1999 Gerry Webster of Matrix Management Inc. for a further extension to on or before September 30, 1999 as indicated in the submitted letter; noting that, on the previous request for an extension, the Legal Department had advised that an extension to the existing agreement should have been made to Common Council at the meeting preceding the expiry of the agreement in that, because the request reached Council after the agreement had expired, there was no agreement to extend; and, as Council resolved to sell the property to Matrix Management Inc. for $650,000 (plus HST) on or before September 15, 1999 and Matrix Management did not close on that date nor did it come to Council on the meeting preceding the deadline to request an extension, staff cannot continue to support extensions to the expiry date; and setting out a recommendation in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the City Manager, in consideration of the fact that the closing date has expired in the Council resolution of August 9, 1999 authorizing the sale of the Old General Hospital property, the City not authorize a sale of the property to Matrix Management Inc. with a closing date of September 30, 1999 but rather, should Matrix Management Inc. make another offer to purchase the subject property, the offer will be presented to Common Council for its consideration. Mr. Totten noted Matrix Management Inc.'s application under item 4 on the agenda of this meeting in that, although the developer did not have title to the land at this time, Council could, having held the public hearing on this date, defer making a decision until a later date; and, as to the status of the non-refundable deposit of $45,000, Mr. Totten confirmed that the total amount had been received by the City, and Mr. Beckett added that the final cheque had been received on September 15. In response to Councillor Fitzpatrick's expression of surprise to see this item on the open session agenda as it would fall into the category of land which should be first discussed in closed session, Mr. Totten explained that, upon receipt of Mr. Webster's letter requesting a further extension and recognizing that he was pursuing the Province of New Brunswick in a development proposal and that Council was not having a Committee of the Whole meeting on this date, he chose to place the item in open session, knowing full well that Council, if it felt more comfortable placing it somewhere else, could do so at the beginning of the meeting but, in fairness to Mr. Webster, he had to place the item on the Council agenda of this date. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be referred for discussion in Committee of the Whole on September 27, 1999. Question being taken, the referral motion was carried. 19. Amendment To August 23, 1999 Council Resolution Re Sale Of Land On Cheslev Drive On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the report from the City Manager recommending an amendment to Council resolution of August 23, 1999, respecting the sale of a 23,580 square foot :t portion of NBGIC Number 55093983 and all of NBGIC Number 55092670 on Chesley Drive to 059525 N.B. Ltd., be referred for discussion in Committee of the Whole. Question being taken, the referral motion was carried. 87 -690 COMMON COUNCIL SEPTEMBER 20, 1999 20. Assent To Subdivision Plan Re Municipal Services Easement 78 Belleview Avenue, Spar Cove Road And Pokiok Road Property Consideration was given to a report from the City Manager referring to property, as shown on the submitted plan, bound by Belleview Avenue, Spar Cove Road and Pokiok Road for which the landowner, Four Star Leasing Limited, has submitted a subdivision plan that would create a new residential lot (Lot 99-1) on Spar Cove Road and enlarge two existing parcels of land in order to create Lots 99-2 and 99-3, and also consolidate an existing property situated near 3 Pokiok Road and vest a municipal services easement between proposed Lot 99-3 and the Richard Williams' property at 8 Spar Cove Road; and recommending approval of a subdivision plan in this regard. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan illustrating a 10-metre (33-foot) wide municipal services easement between proposed Lot 99-3 and the Richard Williams' property at 8 Spar Cove Road. (Councillor White withdrew from the meeting.) Question being taken, the motion was carried. (Councillor White re-entered the meeting.) 21. Five-year Program For Provincially-DesiQnated HiQhways Read a report from the City Manager responding to Council's September 7, 1999 referral of the Provincial Department of Transportation's request for the City's submission of its 5-year Capital Improvement Program for Provincially-designated highways. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the submitted Provincially-designated Highways 5-year Capital Improvement Program for the years 2000-2004 be adopted and presented to the Minister of Transportation and her senior staff by a Committee of Council and senior staff. Councillor Trites proposed an amendment to the above motion, which was seconded by Councillor Titus, to present, rather than submit, the 5-year Capital Improvement to the Minister of Transportation; and the Mayor called for the question on the amended motion. Question being taken, the motion was carried. 5. Saint John Development Corporation Re Waterfront StrateQic Plan Read a letter from the Saint John Development asking for the opportunity to make a brief presentation at this meeting on the Waterfront Strategic Plan for Saint John, copies of which were previously distributed to the Mayor and Councillors. William Grant, Chairman of the Saint John Development Corporation, highlighted the Saint John Waterfront Strategic Plan, prepared by Malone Given Parsons Ltd. in association with Verburg & Associates, Hotson Bakker Architects and Hough Woodland Naylor Dance Ltd., having recognized the involvement of the Steering Committee members and reviewed the process followed, as well as the objectives of the Stragegy as follows: (1) to enhance the economic strength of the City and the Province by ensuring efficient Port operations; (2) to enhance the opportunity for public enjoyment of the waterfront; (3) to preserve and to tell the rich history of the Saint John waterfront to citizens, fellow New Brunswickers and to visitors, and (4) to create the conditions that 87 -691 COMMON COUNCIL SEPTEMBER 20, 1999 ensure future growth and employment on the waterfront and to create a continuing source of civic pride and progress. Mr. Grant summarized the recommendations in the Strategic Plan, along with the implementation phasing over the short term of 2000-2005, the medium term of 2006-2010 and the long term of 2011 + starting west and moving east through the Port; and responded to questions in this regard. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that Common Council give endorsement to the Saint John Development Corporation to spearhead the development and implementation of the Waterfront Strategic Plan. Question being taken, the motion was carried. 6. Brian D. Roy Re Proposed Amendment To Buffer Zone Condition Of Sale Of Property In Champlain HeiQhts Area Brian D. Roy of Creighton Avenue appeared before Council concerning Irving Oil Limited's request for an amendment to the buffer zone condition on the sale of property in the Champlain Heights area, as outlined in his previously-submitted letter in this regard; and explained that, while his original concerns were with respect to the long- term use of the subject property and the legality of it, he was very supportive of Irving Oil's temporary usage of the property in question, after extensive discussions with representatives of Irving Oil who reassured him that their intentions were everything that they had stated and they had no intention of jeopardizing the long-term use of this property, as well as extensive discussions with the City Manager that he was not approaching Council for a permanent amendment to the restriction on the land but that it would be just a temporary amendment to allow Irving to use this property for about a year and perhaps a little longer, if necessary. Mr. Roy advised that he felt his concerns had been addressed by his previous discussions, and he was supportive of the proposed usage of the land in question. In response to a question about a reference in Mr. Roy's letter to procedures in City Hall not being citizen-friendly, Mr. Roy clarified that this related to the lack of citizens' understanding of the manner in which the City worked. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Brian D. Roy regarding a proposed amendment to the buffer zone condition of the sale of property in the Champlain Heights area be received and filed. Question being taken, the motion was carried. 22. Amendment To Deed Restriction Re Use Of 132 Champlain Heights & 732 Grandview Avenue For Temporary StoraQe Consideration was given to a report from the City Manager regarding the condition upon the City's sale to Irving Oil Limited of a number of properties on the western side of Champlain Drive, as authorized by Council on September 14, 1998, that they were to be used as a "buffer area" between the Refinery and the Champlain Heights neighbourhood in that, recently, Irving Oil has found it needs to utilize this area as a storage area for a temporary basis during the upgrade project at the Refinery; advising that, if this proposal were to proceed, two separate approvals would be required, one being the Planning Advisory Committee's approval of this use for a temporary period, the other being Common Council's approval of modifying the deed restrictions placed on the use of the property; setting out the approval of the proposal given by the Planning Advisory Committee, with eleven separate conditions; and, with regard to the deed restriction, setting out a recommendation supportive of the request for an amendment to its restrictions while attempting to maintain the original desire for a buffer when the upgrade is completed. 87 -692 COMMON COUNCIL SEPTEMBER 20, 1999 Councillor Trites, on the process in that there had been the one request to appear by Mr. Roy, asked if there was to be a formal hearing of any kind or if Council was concurrent that it would deal with the matter as a Council. The Mayor, noting that the Planning Advisory Committee held a public hearing in this regard, advised that there would be no public hearing before Council, Council having no jurisdiction or authority to review or amend the conditions imposed by the Committee; and Mr. Roy, under the Council Procedure By-law, had the privilege of making a presentation as he had forwarded a written request to do so. Councillor Vincent asked if the City Solicitor was satisfied that Council would be acting within its vested authority via the existing method documented by the City Manager in dealing with the conveyance and deed of a previous Council as it related to this parcel of property. Mr. Nugent advised that he did not think there was any doubt that Council could in some fashion, if so chosen, relieve Irving Oil of some of, or all or to some extent in terms of time, the restriction that Council placed upon the land it conveyed to Irving; however, as staff had yet to give some thought to the documentation that would be required to effect the City Manager's recommendation if Council adopted it, he would suggest that the motion include authorization for the Mayor and Common Clerk to execute whatever documentation was necessary to give effect to that recommendation. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council amend the deed restriction with regard to the sale to Irving Oil Limited of land in the Champlain Heights area to read "The lands and premises described in Schedule 'A' hereto annexed shall not be used for industrial/commercial purposes but shall only be used as a wooded buffer area except that it may be used as a temporary storage compound during the 1999-2000 calendar year", and that the Mayor and Common Clerk be authorized to execute whatever documentation is necessary to give effect to this recommendation. Councillor Trites, noting that the Planning Advisory Committee at its meeting last week allowed for a storage compound for one year, asked for clarification on the date when that would take effect, to which Mr. Baird replied that, on these sorts of approvals, the one-year period would be calculated from the date the building permit was issued to undertake the uses. Councillor Trites, noting the reference to two calendar years in the above motion, suggested that the motion should be amended to include the specific dates of that one year period, maybe to one year from the date the building permit is issued; and advised that he would not support the motion on the floor in that he had a problem with the process which started with the Irvings' water line project in the subject area and the fact that, when the City sold the property in question, the restriction on its use came in the Irvings' offer to purchase, and he did not consider it fair to ask the residents of Champlain Heights to accept the change for the next year. Councillor Trites referenced the City's so-called lagoon site adjacent to the asphalt plant on Old Black River Road as an alternative, and expressed concern that, on the door-to- door survey referenced in Irving Oil Limited's letter submitted with the above report from the City Manager, Council had heard nothing back from the initial meeting with an Irving representative where the request for the survey was made until it received notification that Irving had applied for a temporary use permit and was coming to Council with the request before Council at this time. Councillor Titus, in concurring with Councillor Trites' comments in terms of process, suggested that the Company, if it had approached residents in the area in a different fashion perhaps by giving something in return to them for the inconvenience, may have won more of the residents over to its side; and advised that, by virtue of not winning more over to the Company's side, he would not support it. Councillor Fitzpatrick spoke about the process, and suggested that the matter should be tabled for one week as he planned to tour the Refinery tomorrow and would like to see what was involved. Councillor Chase suggested that, as the issue of alternative sites was important to him in making a decision in this regard and because of the magnitude of the project in question and the concerns of the residents, Council should have an opportunity to ask questions of Irving representatives who were present at this meeting; and asked the process if Council were desirous of hearing representatives of Irving Oil Limited speak or of asking them questions. Upon the Mayor's indication that a motion could be made to this effect, Councillor Trites, on a point of order, advised that the reason he asked for clarification on the process before discussion began and, while he did not have a problem with tabling the matter for a week to see if there were some way to make some accommodations or set up a process to hear from everybody concerned, he would have a problem with such a motion at this time because it involved process in 87 -693 COMMON COUNCIL SEPTEMBER 20, 1999 fairness and he did not think that would address that. The Mayor addressed the point of order on the basis that Council was following the process correctly at this time in terms of the City Manager's recommendation to Council and, having known that at least one person wanted to make a presentation to Council in this regard and having asked the City Solicitor about other persons in the Council Chamber who might want to make a presentation, she was assured that she would follow normal procedure that, if Council wished to hear from anybody else at this meeting, it would have to be done by a two- thirds majority vote, in the affirmative, on a motion of Council to do so. The Mayor made the observation that, whether Council dealt with the matter at this meeting or at the meeting two weeks from now, it would be in the same format, with no public hearing. On motion of Councillor Chase Seconded by Councillor White RESOLVED that Council hear from representatives of the Irving Oil Company. The Mayor noted the need for a two-thirds majority vote of Council in the affirmative on the above motion. Councillor Fitzpatrick suggested that, as other persons who wished to speak in the above regard might not be present at this meeting, an opportunity should also be given to them to do so. Councillor Court suggested that, if Council were to allow somebody from the Irving Group to come forward, it would not be fair to others who may either support or oppose what they want to do; and, if it were the intent to go in the direction of having a public hearing, which it seemed that Council was doing, the matter should be tabled until the next meeting. Councillor Vincent concurred that Council should not allow somebody from the Irving Interests to be heard at this meeting without granting the same opportunity to the residents' side; and suggested that this matter should have been dealt with behind closed doors as it deals with land, and Council should have had the opportunity to hear from Mr. Olsen on the results of the neighbourhood visits in this regard. Mr. Totten commented in terms of the lagoon site not being workable for the Irvings' plans for the Refinery expansion, and the above recommendation in that he waited until the public hearing on the temporary use of the subject site was held by the Planning Advisory Committee prior to submitting his report to Council, knowing that Council would ask, because it was clearly a direction given to Mr. Olsen, to have a report back from Mr. Olsen with respect to the efforts he had made with the residents. Mr. Totten also commented in terms of time deadlines significant to the Company in moving forward, having made its request and having gone through the Planning Advisory Committee and, not realizing that Council was scheduling a meeting for next week, the item was before Council at this meeting; and, in terms of the commitment made to Mr. Roy, read the recommendation, including the wording suggested by the City Solicitor. The Mayor called for the question on the motion to hear from Irving representatives. Question being taken, the motion was lost with Deputy Mayor Chase and Councillors Ball, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White voting "nay". The Mayor, referring to the original motion above, suggested that the reference to the 1999-2000 calendar year should be changed to from the date the permit is issued for one year and indicated her intent, if no tabling motion was made, to call for the question on that motion. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was carried with the Mayor and Councillors Ball and Chase voting "nay". 87 -694 COMMON COUNCIL SEPTEMBER 20, 1999 28. Letters Objecting To Temporary Use Of Property Behind Champlain Drive Related To IrvinQ Refinerv Expansion On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letters objecting to the temporary use of property behind Champlain Drive for a storage area related to the Irving Oil Refinery expansion, be received and filed. Question being taken, the motion was carried. 3. Re Water StrateQY Questions to the consultant group continued with respect to the Water Strategy report and, as to the cost of the water study, Mr. Groody advised that the cost was in the order of a quarter of a million dollars. (Councillor Trites withdrew from the meeting.) On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the Water Strategy report be referred to the City Manager for review and follow up. Question being taken, the motion was carried. 23. Re LPP Funding For Boys & Girls Club Renovation Proiect On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the report from the City Solicitor referring to the presentation at the September 13, 1999 Council meeting regarding the Rotary Club's undertaking of a renovation project at The Boys & Girls Club of Saint John; and, in addressing the inquiry at that meeting of whether the requested contribution could be made from the City's so-called Land for Public Purposes Fund, expresses the view that the project does not qualify for LPP funding and, if Council wished to satisfy the Rotary Club's request for a monetary contribution, a source other than the LPP Fund must be identified, be received and filed. (Councillor Trites re-entered the meeting.) In response to Councillor Titus, Mr. Nugent advised that, in his view, changes to the Community Planning Act would be required in order to accommodate requests of the above nature, for which the City could make application to the Province for changes. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 24. Agreement With NB Power For Back-up Fire Protection At Point Lepreau GeneratinQ Station Consideration was given to a report from the City Solicitor referring to the submitted draft text of an agreement with NB Power for back-up fire protection at the Point Lepreau Nuclear Generating Station presented to Council on January 11, 1999, and advising of his concern with the document arising from two deficiencies, firstly, the absence of any recognition that so-called Y2K problems might prevent the City fulfilling the terms of the agreement and, secondly, the absence of a recognition that the first 87 -695 COMMON COUNCIL SEPTEMBER 20, 1999 responsibility of the City's Fire Department is to provide fire protection within the City; and also advising that, following extended discussion between the Legal Department and the authorized representative of NB Power, NB Power has now indicated that it is agreeable to having the language, as stated herein, added to the proposed agreement which, in his opinion, would adequately address the deficiencies noted; thus, it was now in order, if Council so wished, to adopt the resolution as stated. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk are hereby authorized to execute the agreement between the City of Saint John and New Brunswick Power Corporation respecting the City's providing back-up fire protection services at the Point Lepreau Nuclear Generating Station for the initial period of January 1, 1999 to December 31, 2002, a copy of which agreement accompanied the correspondence dated September 17, 1999 addressed to Common Council by the City Solicitor. Question being taken, the motion was carried. 25. 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, September 20, 1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of Lot 79-2, Bayside Drive (NBGIC Number 449363) to the New Brunswick Power Corporation, for the purchase price of $25,000 (plus HST, if applicable); the closing date be on or before December 31, 1999; and the Mayor and Common Clerk be authorized to execute the deed. 2. That as recommended by the City Manager, Common Council accept the offer of settlement from Blue Cross Atlantic, in the amount of $127,379.08, dated September 1, 1999, and addressed to the Deputy City Manager J. Patrick Woods. September 20, 1999, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25.1. Sale Of Lot 79-1. Bayside Drive On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 25.2. Blue Cross Atlantic - Claim For OutstandinQ Premiums On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 2 of the above report be adopted. 87 -696 COMMON COUNCIL SEPTEMBER 20, 1999 Question being taken, the motion was carried with Councillor Vincent voting "nay". 26. Planning Advisory Committee Re Subdivision 1250 Fairville Boulevard On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative subdivision plan of Starwest Subdivision at 1250 Fairville Boulevard, illustrating a new public street (Starwest Place), and to any required municipal services and public utility easements; and (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the motion was carried. 27. Saint John Board of Police Commissioners Problems In Service New Brunswick Area On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, further to the July 12, 1999 Council meeting, the staff report regarding actions to be taken to minimize problems caused by the high volume of high school students in the area of Service New Brunswick, be received and filed. Question being taken, the motion was carried. 29. Saint John Board Of Trade Nominee To Board Of Enterprise Saint John On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Board of Trade recommending, as the term of one of its nominees to the Board of Directors of Greater Saint John Economic Development Commission Inc. (Enterprise Saint John) expired on March 31, 1999, the appointment of Stephen MacMackin to the Board of Directors of Enterprise Saint John for a three-year term commencing April 1 , 1999, be referred to the Nominating Committee. Question being taken, the motion was carried. 30. Public Works And Government Services Canada - Heritage Designation For HMCS Brunswicker. Sydney Street On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from the Real Estate Advisory Services of Public Works and Government Services Canada advising that the property formerly known as HMCS Brunswicker on Sydney Street, which includes the former military ordnance store building built in the period of 1841 to 1842 and a parcel of land of approximately 2466 square metres, is surplus to Federal requirements; and requesting that the building be designated under the City's Preservation Areas By-law, being architecturally and culturally significant and the only structure in the Lower Cove - Barrack Green area which has survived from the period of British military occupation, be referred to the City Manager and the Preservation Review Board for a report to Council. 87 -697 COMMON COUNCIL SEPTEMBER 20, 1999 Question being taken, the motion was carried. 31. ADI Limited - Amendment To Section 39 Conditions Of Re-ZoninQ Of 560 Main Street On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the application of ADI Limited for an amendment to the Section 39 conditions of re-zoning of property located at 560 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, November 1, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Common Council would be held on October 4, 1999 at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk