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2000-07-31_Minutes 88-103 COMMON COUNCIL JULY 31, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of July, AD., 2000, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, and Trites - and - Messrs. P. Woods, Deputy City Manager; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; W. Todd, Director, Information Systems and Support; W. Edwards, Building Inspector; S. Lodhi, Manager, Real Estate and Facility Management; R. Pollock, Planner, J. Bezanson, Heritage Planner, E. Giffin, Senior Project Engineer, B. Keenan, Engineering Manager, Water and Wastewater; D. Harvey, Superintendent, Wastewater Treatment; J. Clack, Superintendent, Water and Sewerage; M. McBrien, Engineering Services Technician, Programs and Customer Service; D. Price, Project Engineer, Water and Wastewater; D. LeBlanc, Economic Development Officer; C. Cogswell, Chief of Police; Ms. L. Farrell, Solicitor; Ms. H. Young, Design Engineer, Water and Wastewater; Ms. C. Mosher, Assistant Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 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 Court RESOLVED that minutes of the meeting of Common Council, held on July 17, 2000, be approved. Question being taken, the motion was carried. 3. A Strategic Direction For Water & Wastewater In Saint John Consideration was given to a letter from the City Manager noting staff's intent to present to Council at this meeting the administration's response to the 1999 Water Strategy, as well as an update with respect to the earlier Wastewater Strategy, which will highlight staff's vision for the future of these critical services within the community, covering all elements of the two Strategies, identifying the issues and laying out in specific terms what needs to be done from now until the year 2014 in order to protect the quality of life of the citizens and to ensure that the environment is protected; advising the intent to divide the presentation as follows: Part I Meeting Today's Service Requirements; Part II System Development / Extensions; and recommending that Common Council forward a copy of this presentation to the Minister of Environment and Local Government and request a meeting to discuss these issues. The Mayor noted the intent, following the presentation of Part I and questions in that regard, for Council to recess, with Part II to be presented later in the meeting following the public hearing and public presentation scheduled for 7:00 o'clock p.m. (Councillor Ball entered the meeting.) 88-104 COMMON COUNCIL JULY 31, 2000 Mr. Groody, through a computer aided presentation, highlighted Part I of the report A Strategic Direction For Water & Wastewater In Saint John for the period 2000 - 2014 (copies of which were distributed to the Councillors at the meeting); pointed out the need for a clear, functional, and understandable Water and Sewerage By-law, noting that Council will be asked to consider by-law amendments and restructuring later this year; and reviewed service and operations, watershed protection, a proposed action plan for water service needs for the period 2000 - 2011. Mr. Groody, during his explanation of wastewater treatment, stressed the need to treat all collected wastewater, and reviewed an action plan for treatment for the period 2000-2014. An action plan for infrastructure security for the same period was also reviewed, with Mr. Groody advising that many significant parts of the City's water system, still in use today, were installed more than 100 years ago; and he referred to the financial planning capital for the same fourteen year period and explained the proposed capital commitment from the three levels of government. Discussion followed the above presentation, and the Council meeting adjourned to Legal Session, and reconvened in open session at 7:00 o'clock p.m. 4(a) Municipal Plan Amendment And (b) Re-ZoninQ 264 Golden Grove Road The Assistant Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077), from Open Space to Light Industrial (Approved Development) classification; and (b) the proposed re-zoning of the same parcel of land from "RS-1" One and Two Family Suburban Residential to "1-1" Light Industrial classification, to permit the continuing operation of an existing auto body shop, known as Grove Auto Body, as requested by Gordon Defazio, and no written objections were received in this regard. 4{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's July 25, 2000 meeting at which the applicant spoke in favour of the proposal and advised that the auto repair business has been operating for fifteen years with no complaints or problems, and requested that the Committee approve the application, and the Committee, after considering the report and the applicant's comments and in light of the absence of objections from neighbourhood property owners, decided to recommend that the proposed amendments be approved, subject to a Section 39 resolution limiting the non-residential use to the applicant's proposal; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Open Space to Light Industrial (Approved Development) classification, a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077); and (2) re-zone the same parcel of land from "RS-1" One and Two Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, restricting the non-residential use of the property to an auto repair garage. Mr. Gordon Defazio, the applicant, addressed Council and advised he is in agreement with the Planning Advisory Committee's recommendation and stated he would do whatever was required in order to keep his auto repair shop open, noting that the business has been in operation at this site for seventeen years. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077), from Open Space to Light Industrial (Approved Development) classification, be read a first time. Councillor Trites questioned Building and Technical Services' comments in the Planning staff report about the owner of the building having raised a portion of the existing roof, without obtaining a building permit for the work, and this addition being 88-105 COMMON COUNCIL JULY 31, 2000 structurally deficient, requiring the services of a professional engineer to recommend reinforcement of the structure to support design loads; and suggested that the matter should be tabled until the applicant obtains the necessary building permit to make the building structurally sound. Mr. Edwards advised that, should Council table the matter, he would not be in a position to authorize a building permit because the zoning was not in place that would allow the building; and advised the enforcement process if the property were re-zoned and for some reason Mr. Defazio did not do the necessary repairs and hire the necessary professionals, as well as action Mr. Defazio could take, should Council table the matter, following which a further report could be submitted to Council indicating what Mr. Defazio has or has not done. Councillor Trites expressed concern about re-zoning the property in view of the deficiencies, and suggested that first and second readings could be given at this meeting, with third reading tabled pending a report from the Building Inspector on the matter. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077), from Open Space to Light Industrial (Approved Development) classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077), from "RS-1" One and Two Family Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 5380 square metres (1.3 acres), located at 264 Golden Grove Road (NBGIC Number 438077), from "RS-1" One and Two Family Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. 88-106 COMMON COUNCIL JULY 31, 2000 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that third readings of the above-proposed amendments be laid on the table pending a report from the Building Inspector. Question being taken, the tabling motion was carried. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment 77 Golden Grove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 96 metres (315 feet) on Golden Grove Road and an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density Residential to Service Corridor classification, to permit re-zoning of the parcel of land from "RS-2" One and Two Family Suburban Residential to a special zone, and subsequent development of a combination of retail/commercial buildings and self-storage warehousing, as requested by Norman Ganong. 8. Security Issues In Rockwood Park Councillor Chase expressed concern regarding the recent vandalism at the Rockwood Park campground, and suggested that the level of security be discussed with the Saint John Horticultural Association. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the letter from Councillor Chase advising that he would like to discuss his concern on several issues relating to security in Rockwood Park, with regard to the campground and safety issues with workers assigned to the Park, be referred to the Saint John Horticultural Association and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 9. Public Hearing Rescheduling - Amendment To Section 39 Conditions Of Re-ZoninQ Of 450-500 Westmorland Road Consideration was given to a report from the City Manager regarding the application of First Westmorland Shopping Centres Limited for an amendment to the Section 39 conditions of re-zoning of property located at 450-500 Westmorland Road, the public hearing for which was scheduled for this meeting; advising that the Planning Advisory Committee, at the applicant's request to table the application until further information can be provided, agreed to table the matter and indicated to all those present at its July 25, 2000 meeting of its understanding that, under Common Council's policy, the July 31, 2000 public hearing would be cancelled and a new public hearing date scheduled for a later date; and recommending that a new public hearing be scheduled for September 11, 2000. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that the July 31,2000 public hearing for a proposed amendment to the Section 39 conditions of re-zoning of 450-500 Westmorland Road be cancelled, and the necessary advertising be authorized for the 88-107 COMMON COUNCIL JULY 31, 2000 proposed amendment, with the public hearing to be held on Monday, September 11, 2000, at 7:00 o'clock p.m. Question being taken, the motion was carried. 10. Bv-Iaw Review Mechanism On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the report from the City Manager commenting, further to Council's July 4, 2000 referral of the matter of a by-law review mechanism, on a review by the Building Inspector's office, initiated in June 1995, of by-laws currently on the City's books which resulted in 68 by-laws being reviewed with respect to their continued relevance, with approximately 32 by-laws repealed by Council and three by-laws, although of limited use, were retained, as listed; and also listing the by-laws which are currently under review or selected for review in the very near future, be received and filed. Councillor Desmond expressed concern about the City's by-law requirement for a frontage of 198 feet for building lots in unserviced areas while the Department of Health requires only a 176-foot frontage; and advised that he would not support the motion as receiving and filing would not resolve this problem. Question being taken, the motion was carried with Councillor Desmond voting "nay". 11. Adjustments To Infrastructure Portion Of 2000 Water and SeweraQe Capital ProQram On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the report from the City Manager submitting (1) as Appendix A a summary of the approved infrastructure projects approved by Council when it approved the 2000 Water and Sewerage Capital Program on April 10, 2000, and (2) as Appendix B a copy of the proposed revised list of infrastructure projects in order to permit some projects to proceed without Provincial funding as it is unlikely that the Province will cost share for the completion of any of the three infrastructure projects, having elected to divert its funding under the Clean Water Act to cost sharing under the Federal Infrastructure Program which is unlikely to be in place soon enough to accomplish the completion of any projects during the 2000 construction season, and (3) as Appendix C, Project Summaries outlining the proposed changes; and recommending that Common Council approve the revisions to the Infrastructure portion of the 2000 Water and Sewerage Fund Capital Program as outlined in this report and the submissions, be received and filed and the recommendation adopted. Mayor McAlary questioned if the pumping station on Churchill Boulevard would be in operation after the above-noted work was completed to which Mr. Groody replied that staff was proposing that it be deferred until 2001. Question being taken, the motion was carried. 12. Business Park Development Incentive ProQram On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager referring to the amendments approved by Council on June 19,2000 to the infrastructure financing component of the Business Park Development Incentive Program to facilitate negotiations with Scott Bros. Ltd., Silver Falls Park Development Company Limited and McAllister Place Ltd. to participate in the servicing of the Mark Drive By-pass road (Commerce Drive), which focused on changes to the agreements arising out of the Program to secure repayment; advising that, upon closer scrutiny and to facilitate what actually is intended to take place, a further amendment to this 88-108 COMMON COUNCIL JULY 31, 2000 component of the Program is required; and recommending that Common Council further amend its resolution of March 8, 1999 creating the Business Park Development Incentive Program by deleting from the Development Eligibility section of the Infrastructure Financing Incentive the following: "The financing incentive is available only in those instances where all the abutting property owners make application" and substituting therefor: "The financing incentive is available only in those instances where all applicable abutting property owners, as determined by Common Council, make application"; and further that Common Council deem Silver Falls Park Development Company Limited, Scott Bros. Ltd. and McAllister Place Ltd. as the applicable abutting property owners with respect to eligibility for assistance under the Infrastructure Financing Incentive of the Business Park Development Incentive Program for infrastructure improvements along the public rights-of-way traversing Commerce Drive, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 13. Security For Repayment Obligations Business Park Development Incentive ProQram Consideration was given to a report from the City Manager referring to Council's acceptance on June 19,2000 of applications from Silver Falls Park Development Company Limited, Scott Bros. Ltd. and McAllister Place Ltd. to participate in the Infrastructure Financing Incentive of the Business Park Development Incentive Program, as well as to the requirement for an agreement to secure repayment to be in place prior to the award of the road construction tender; and advising the results of the negotiations with the property owners, and setting out a recommendation in this regard. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council: (1) accept the fee simple title to Lot 99-1 (as generally shown on the submitted plan) as security for Silver Falls Park Development Company Limited's (SFPDCL) repayment obligation arising from its participation in the Business Park Development Incentive Program; that SFPDCL be granted an option to purchase Lot 99-1 for the purchase price of $136,342 + HST and any amounts that the City has paid in property taxes during the term of the option; that the option to purchase can be exercised by SFPDCL on or before June 19, 2010 (the expiry date) provided notice is given in writing and received by the City on or before the expiry date; if a notice to exercise the option is not received on or before the expiry date, SFPDCL's right to acquire Lot 99-1 shall cease and at that time Lot 99-1 shall be considered payment in full of SFPDCL's obligation to reimburse the City for the specified infrastructure improvements authorized by Common Council on June 19,2000 as part of SFPDCL's application to participate in the Business Park Development Incentive Program; and that the Mayor and Common Clerk be authorized to execute the option; (2) accept the fee simple title to Lot 00-3 (as generally shown on the submitted plan) as security for Scott Bros. Ltd.'s repayment obligation arising from its participation in the Business Park Development Incentive Program; that Scott Bros. Ltd. be granted an option to purchase Lot 00-3 for the purchase price of $389,725 + HST and any amounts that the City has paid in property taxes during the term of the option; that the option to purchase can be exercised by Scott Bros. Ltd. on or before June 19, 2010 (the expiry date) provided notice is given in writing and received by the City on or before the expiry date; if a notice to exercise the option is not received on or before the expiry date, Scott Bros. Ltd. 's right to acquire Lot 00-3 shall cease and at that time Lot 00-3 shall be considered payment in full of Scott Bros. Ltd.'s obligation to reimburse the City for the specified infrastructure improvements authorized by Common Council on June 19,2000 as part of Scott Bros. Ltd.'s application to participate in the Business Park Development Incentive Program; and the Mayor and Common Clerk be authorized to execute the option; and (3) accept the letter by and between the City of Saint John and McAllister Place Ltd., authorized by Council on June 19, 2000 as the form of agreement satisfactory to the City to secure fulfillment of McAllister Place Ltd. 's repayment obligation under the Business Park Development Incentive Program. Question being taken, the motion was carried. 88-109 COMMON COUNCIL JULY 31, 2000 14. Tender For Contract 2000-1 On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2000-1, Mark Drive By-pass Road, Phase 1, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $1,922,481.90, 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. Payment For DesiQn Work - Mark Drive Bv-pass Road Read a report from the City Manager regarding the design work for the Mark Drive by-pass road project, Council at its July 12, 1999 meeting having authorized the engagement of Godfrey Associates Ltd. to complete the engineering design and prepare tender-ready specifications for the Mark Drive by-pass road; advising that, to date, the City has paid Godfrey Associates approximately $37,000 to finish the design, and Godfrey Associates has now requested payment for the initial design work in the amount of $42,172.87 plus HST; and explaining that, although no consideration was given to compensating Godfrey Associates for the original design work as it was anticipated prior to the July 12, 1999 meeting at which this became a City of Saint John project that Silver Falls Park Development Company Limited, Scott Bros. Ltd. and McAllister Place Ltd. would construct this road and the landowners engaged Godfrey Associates Ltd. to begin design, the engineering design costs have been factored into the estimated levy for the proposed improvements; so, in effect, the landowners will be paying the City for the relevant portion of the original design work. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended the City Manager, Common Council authorize payment to Godfrey Associates Ltd.in the sum of $42,172.87, plus HST, as invoiced, for services performed for the Mark Drive by-pass road project. Councillor Desmond expressed the opinion that the fee for clerical staff was quite high at $49.00 per hour compared to field staff at only $21.88 per hour, and Mr. LeBlanc advised that the charge for clerical staff would include the use of office equipment such as computer, fax, photocopier, paper and overhead profit. Question being taken, the motion was carried with Councillor Desmond voting "nay". 16. Electronic Service Delivery And Development Of New City Website Read a report from the City Manager outlining the direction the administration proposes for the City of Saint John in the area of electronic service delivery; providing Council with the outcome of a Request for Proposals for the preparation of a new City website as the first phase of moving the City into the world of e-government; and recommending the acceptance of the proposal from Fuze Media Inc. Mr. Beckett outlined the direction the administration proposes the City embark on for electronic service delivery, and suggested that, if the City is to continue to attract technology-based companies, it should be demonstrating that it is a user of this technology. Mr. Beckett noted that the administration's goal was to ensure that citizens could electronically access any service for which they presently come to City Hall; and explained that the upgrading of the current City website would be the initial step. 88-110 COMMON COUNCIL JULY 31, 2000 On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council accept the proposal from Fuze Media Inc. to prepare a new City of Saint John website, at an estimated cost of $37,783.25 (incl. HST). Question being taken, the motion was carried. 17. Tender For Contract 2000-9 On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2000-9, Russell Street, Manners Sutton Road and Saint John Throughway water and sewer renewal, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $179,059.60, 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. 18. Tender For Contract 2000-11 On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Contract 2000-11, MacKay Street water and sewer renewal, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $212,505, 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. 19. Tender For Contract 2000-12 On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2000-12, Sherbrooke Street - Riverview Drive water and sewer renewal, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $290,553, 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. 20. BorrowinQ Resolutions Read a report from the City Manager recommending adoption of the submitted resolution, as requested by the Bank of Nova Scotia, to formalize the line of credit with the City. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that for general operating purposes: 1. The Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 2000; 88-111 COMMON COUNCIL JULY 31, 2000 2. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. The Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; and 4. The Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source; AND FURTHER that for the purposes of bridge financing on capital expenditures: 5. The City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; and 6. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 7. Any two of the Commissioner of Finance, the Deputy City Manager, the Comptroller, the Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an agreement or agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 21. Terms For 2000 Bond Issue On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $11,810,000 as follows: Term: 10-year, Serial Form $10,610,000, 5-year, Serial Form $1,200,000; Coupon Rate: Year 1 - 6.100, Year 2 - 6.150, Year 3 - 6.200, Year 4 - 6.250, Year 5 - 6.250, Year 6 - 6.300, Year 7 - 6.300, Year 8 - 6.400, Year 9 - 6.400, Year 10 - 6.400; Price: $99.06; Average Yield to Maturity 6.414%; and Settlement Date: August 10, 2000. Question being taken, the motion was carried. 88-112 COMMON COUNCIL JULY 31, 2000 22. Use Of Sidewalk Areas On Prince William & Canterbury Streets For Use As Sidewalk Cafe Consideration was given to a report from the City Manager recommending that permission be granted for Mexicali Rosa's and II Fornello to use the sidewalk areas to construct temporary boardwalks for patios at 88 Prince William Street and 33 Canterbury Street be granted, further to the request to Council on July 4, 2000. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council grant temporary permission to 049313 N.B. Ltd. for Mexicali Rosa's and 056393 N.B. Ltd. for II Fornello to use the sidewalk areas and adjacent parking spaces on Prince William Street and Canterbury Street to construct a temporary patio subject to the following conditions: (1) approval is for the period August 1,2000 to September 30, 2000; (2) the fee for the establishment of each sidewalk cafe, for the period August 1, 2000 to September 30, 2000, is $528; (3) all aspects of the sidewalk patio, including the structure and supports, fencing, furnishings, landscaping, lighting and other accessories must be of a temporary nature and be removed no later than September 30,2000; (4) beverages served on the patio must be in non-breakable containers (plastic cups); (5) adequate waste receptacles shall be provided on the patio, and the operator of the sidewalk patio is responsible for the removal of all waste/litter within a three-metre radius of the patio area; (6) the hours of operation of the sidewalk patio shall be limited to that of the restaurant; (7) approval for a sidewalk patio is contingent upon the approval of the Department of Health, the Fire Marshal, the Liquor Licensing Board and any other regulatory bodies governing the sale of food and/or beverages or the public health; (8) the operator of the sidewalk patio must carry a minimum of two million dollars of public liability and property damage insurance for the operation of the sidewalk patio; (9) a fence of not less than 1 metre in height and not more than 1.2 metres in height shall be required around the perimeter of the sidewalk patio; (10) adequate lighting of the sidewalk patio is required and must not project onto adjacent property or the adjacent street and must be of a temporary nature; (11) adequate signage marking the sidewalk patio is required to the satisfaction of the Building Inspector; and (12) Council may, without cause or compensation for any loss and within 24 hours written notice, terminate the permission herein given. Mayor McAlary noted that the Building Inspection Department is preparing a policy on this matter and will be bringing it back to Council for approval. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 23. Maritimes & Northeast Pipeline Deviation Over Harbour Station Lot Read a report from the City Manager advising that, since the granting of easements at the May 1, 2000 Council meeting, Maritimes and Northeast Pipeline Limited Partnership (M&NE) has received deviation requests from the City's Water Utility and CN just west of Harbour Station which, in order to accommodate, requires M&NE to reconfigure the pipeline route on the Longwharf area which, in turn, will result in a realignment of the route over the Harbour Station lot; and setting out a recommendation in this regard. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the City of Saint John: (1) consent to Maritimes and Northeast Pipeline Limited Partnership's deviation request over the Harbour Station lot (NBGIC Number 40048) as generally shown on Plan 2; (2) not oppose the Notices pursuant to Section 87(1) and Section 34 of the National Energy Board Act with respect to the deviation request over the Harbour Station lot; and (3) subject to the release of the existing natural gas pipeline easement over the Harbour Station lot, grant an easement to Maritimes and Northeast Pipeline Limited Partnership for the installation of a natural gas pipeline on, under and along the Harbour Station lot (NBGIC Number 40048) as 88-113 COMMON COUNCIL JULY 31, 2000 generally shown on Plan 2, on similar terms and conditions to that granted by Council on May 1, 2000; and further that the Mayor and Common Clerk be authorized to execute the easement agreement. Question being taken, the motion was carried. 24. (a) Municipal Plan Amendment & (b) Re-ZoninQ, Moore Street Area Consideration was given to third readings of a proposed Municipal Plan amendment and re-zoning of property located in the Moore Street area, first and second readings having been given at the public hearing on June 12, 2000 and third readings tabled until an agreement had been reached with the developer in regard to the upgrading of Moore Street. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, parcels of land with a total area of approximately 3464 square metres (37,287 square feet), situated in the Moore Street area, also identified as being former portions of the Osborne Avenue and Moore Street public rights-of-way and portions of NBGIC Number 00028258, from Open Space to Medium Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P. 100-534 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning parcels of land with a total area of approximately 3464 square metres (37,287 square feet), situated in the Moore Street area, also identified as being former portions of the Osborne Avenue and Moore Street public rights-of-way and portions of NBGIC Number 00028258, from "P" Park to "RM-1" Three Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER the said re-zoning be subject to a condition, pursuant to Section 39 of the Community Planning Act, that would require a detailed site plan showing the exact location of all proposed buildings and new street work to be submitted for the approval of the Development Officer. The by-law entitled, "By-law Number C.P. 100-534 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. (Councillor Trites re-entered the meeting.) 6. Preservation Review Board - Grants For Historic BuildinQ Preservation ProQram (Deputy Mayor Chase withdrew from his seat at the Council table.) Consideration was given to a letter from the Preservation Review Board listing economic benefits to Saint John to which the preservation areas in the City contribute, as well as the increase in value and assessment, and consequently the City's tax base through increased building value; and referring to the City's Grants For Historic Building Preservation Program, which has been made available since 1987 to building owners in preservation areas as a small incentive to encourage the restoration of 88-114 COMMON COUNCIL JULY 31, 2000 historical and architectural details and to compensate for the perceived penalty of an increase in property tax when owners improve their buildings, and which has provided the incentive for over $50 million of development work on heritage buildings. The letter advises that, with the over sixty applications for Certificates of Appropriateness already approved by the Board this year, the $50,000 approved by Council for the Year 2000 has been allocated; and encourages Council to help the Board make money for Saint John by investing an additional $30,000 in the Grants For Historic Building Preservation Program. Joan Pearce, Chair of the Preservation Review Board, addressed Council and acknowledged the following members of the Preservation Review Board that were present: Gaye Kapkin, Abel LeBlanc, Robert Ring, Phillip Huggard and Jim Bezanson. Deputy Mayor Chase, liaison Councillor to the Committee, addressed Council from the podium and, through a computer-aided presentation, highlighted the benefits of the Grants For Historic Building Preservation Program to Saint John; and advised that, as the $50,000 approved by Council for 2000 has been distributed, a further amount of $30,000 is required to complete the Program for 2000. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the Preservation Review Board's request for an additional $30,000 for the Year 2000 for the Grants For Historic Building Preservation Program be referred to the City Manager. Question being taken, the motion was carried. (Deputy Mayor Chase returned to his seat at the Council table.) (Councillor Trites withdrew from the meeting as he was not present for the July 17, 2000 public hearings for the proposed Municipal Plan amendments and re- zonings of properties in the Old Black River Road / McAllister Industrial Park area and the Old Black River Road area, and for a proposed Zoning By-law text amendment and the proposed re-zoning of property at 216 Loch Lomond Road.) 25(a) Municipal Plan Amendment; (b) Re-Zoning & Imposing Section 39 Conditions, Old Black River Road I McAllister Industrial Park Area On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park (being a portion of NBGIC Number 336198), from Major Community Facilities to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-535 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 12 acres, located between the Saint John Regional Correctional Facility and McAllister Industrial Park (being a portion of NBGIC Number 336198), from "IL-2" Major Institutional to "1-4" Heavy Industrial Park classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 88-115 COMMON COUNCIL JULY 31, 2000 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of land is restricted to the applicant's proposal to consolidate the land with the existing McAllister Industrial Park; and (b) the area illustrated on the submitted sketch must be used for no other purpose than a natural and/or landscaped buffer area for the industrial park in accordance with the applicant's proposal, and this condition does not prevent the placement of municipal services and public utilities within the required buffer area. The by-law entitled, "By-law Number C.P. 100-535 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. 26(a) Municipal Plan Amendment & (b) Re-ZoninQ Old Black River Road Area On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, various parcels of land located in the Old Black River Road area, from Heavy Industrial, Major Community Facilities and Low Density Residential to Low Density Residential, Major Community Facilities and Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-law Number C.P. 100-536 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located in the Old Black River Road area, from "RF" Rural, "RS-2M" One and Two Family and Mobile Home Suburban Residential and "IL-2" Major Institutional to "RS-2M" One and Two Family and Mobile Home Suburban Residential, "IL-2" Major Institutional and "RF" Rural classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-law Number C.P. 100-536 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. 27. Zoning By-law Amendment & Imposing Of Section 39 Conditions 216 Loch Lomond Road On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-537 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding the following to the list of zones in Section 30(1): "special zones SZ#4"; (2) adding the following as Section 740(4):"(4) Special Zone #4 (SZ#4) (a) Uses: Any land, building or structure may be used for the purposes of, and for no other purpose than, (I) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: a club or lounge; all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone (b) Zone Standards - Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an "1-2" zone, an "I" zone, or an industrial zone, as the case may be."; and (3) re-zoning a parcel of land located at 216 Loch Lomond Road (NBGIC Numbers 314997 and 55093645), 88-116 COMMON COUNCIL JULY 31, 2000 having an area of approximately 1580 square metres (17,000 square feet), from "1-2" Heavy Industrial to "SZ #4" Special Zone #4 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 the following conditions: (a) the site be developed and maintained in accordance with a detailed plan approved by the Development Officer which will illustrate parking areas, driveway access points, landscaping and curbing; and (b) vehicles and trailers rented for the U-Haul business are not to be stored on site. The by-law entitled, "By-law Number C.P. 100-537 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. (Councillor Trites re-entered the meeting.) 28. Planning Advisory Committee Subdivision 65 Moore Street On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the proposed development of eleven townhouse units, as illustrated on the submitted tentative subdivision plan of 65 Moore Street, and to any necessary municipal services or public utility easements; (2) authorize the preparation and execution of one or more City/developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; (3) authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law; and (4) authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act between the City of Saint John and LSO Enterprises Incorporated in accordance with the conditions imposed by the Planning Advisory Committee regarding the improvements along the south side of Moore Street. Question being taken, the motion was carried. 29. Planning Advisory Committee Subdivision 402-404 Cold brook Crescent On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plan of 402-404 Coldbrook Crescent and to any required municipal services or public utility easements. Question being taken, the motion was carried. 30. Federation Of Canadian Municipalities National HousinQ Policv Options Team On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Federation of Canadian Municipalities inviting the Municipality to join its National Housing Policy Options Team (NHPOT) by agreeing to participate in it, assigning a senior staff person to assist the Mayor (or Chairman) in its meetings, and contributing $.02 per capita to its work; and submitting NHPOT's proposed budget for 2000-2001 and a contribution form, be referred to the City Manager. Question being taken, the referral motion was carried. 88-117 COMMON COUNCIL JULY 31, 2000 31. Diesel Power Services Ltd. Re-ZoninQ 906 Grandview Avenue On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the application of Diesel Power Services Ltd. for the re-zoning of property located at 906 Grandview Avenue 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 Tuesday, September 5,2000 at 7:00 o'clock p.m. Question being taken, the motion was carried. 32. Stephen Vienneau - Financial Assistance Re Participation On Triathlon Canada National Team On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Stephen Vienneau requesting financial assistance for his participation on the Triathlon Canada National Team in representing not only Saint John but his country at the World Championships to be held October 7,2000 in Calais, France, be received and filed and Council wish Mr. Vienneau well, advise him that the City of Saint John will provide promotional items and recommend that he apply for financial assistance through the Canada Games Foundation. Question being taken, the motion was carried. 33. Loyalist City Heritage 2000 Festival Liaison Councillor Re 2001 Festival On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Loyalist City Heritage 2000 Festival advising of its plan to present a Loyalist City Heritage Festival in July 2001, and requesting that Council appoint a representative who would act as a liaison councillor and keep Council informed as the Festival develops in promoting recognition of the City's heritage, be received and filed. Question being taken, the motion was carried. 34. Multicultural Association Of Saint John 2001 Lovalist City HeritaQe Festival On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Multicultural Association of Saint John, Inc., advising of its disappointment in learning that the City of Saint John chose not to support Loyalist City Heritage Festival 2000, and urging Council to endorse the forthcoming Loyalist City Heritage Festival for the year 2001, be received and filed. Question being taken, the motion was carried. 35. COry Richardson - SkateboardinQ In City On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Cory Richardson advising of his skateboarding activities in the City on July 25 between Sand Cove Road and the Uptown area of the City; and asking Council, if it has any problems with this, to let him know, be received and filed. 88-118 COMMON COUNCIL JULY 31, 2000 Question being taken, the motion was carried. 36. Robert Holmes-Lauder - Union Street Improvements On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Robert Holmes-Lauder commending Council and the City departments concerned for the recent improvements to Union Street between Thorne and Brunswick Streets, be received and filed and a copy of the letter be forwarded to Municipal Operations. Question being taken, the motion was carried. 3. A Strategic Direction For Water & Wastewater In Saint John Mr. Groody, continuing with the presentation of the report A Strategic Direction For Water & Wastewater In Saint John commenced earlier in the meeting, reviewed Part lion system development and the proposed actions; and explained the capital cost summary for the period 2000-2014 for infrastructure security, watershed protection, wastewater treatment and water service needs. Discussion followed regarding the actions proposed during which time Mr. Groody referred to Sections 117 and 124 of the Municipalities Act relating to access to funding, and advised the intent to submit to Council a policy position on local improvement, service extensions and new developments, as well as on a proposed local improvement by-law; and funding for system development was reviewed with Mr. Groody explaining a proposed cost-sharing formula, general fund contribution and water and sewer fund contribution. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that Common Council accept the report A Strategic Direction For Water & Wastewater In Saint John and it be used in presentations to the Provincial Government, particularly in requesting infrastructure funding and funding for watershed protection. Question being taken, the motion was carried. 7. Mavor's Remarks The Mayor, in advising that she had no remarks, noted that the next regular meeting of Council in open session would be held on Monday, August 14,2000, commencing at 7:00 o'clock p.m. Adiournment The meeting adjourned. Assistant Common Clerk