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2001-01-15_Minutes 88-313 COMMON COUNCIL JANUARY 15,2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of January, A.D., 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; J. Baird, Manager of Community Planning; 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. Paul Brown of the Canadian Bible Society offered the opening prayer. Mayor McAlary welcomed to the Council Chamber Saint John's MP Elsie Wayne; Provincial Minister of Training and Employment Development, The Honourable Norman McFarlane, and representatives of various organizations in the City. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on January 8, 2001, be approved. Question being taken, the motion was carried. 4. Zoning By-law Amendment To Re-Zone 1099 Kennebecasis Drive On motion of Councillor Titus Seconded by Councillor Ball RESOLVED the report from the City Manager submitting a diagram illustrating property at 1099 Kennebecasis Drive, which was the subject of Common Council resolution of October 2, 2000 which included a commitment by the City to initiate a re-zoning of a portion of it, such area to be added to the three lots tentatively approved for development by Maber & Somerville Joint Venture Limited; and recommending the initiation of the re-zoning of the subject area as illustrated on the submitted diagram, having an approximate area of 3191 square metres (34,349 square feet), also identified as a portion of NBGIC Number 00049460, from "P" Park to "R-1A" One Family Residential classification, be received and filed and the recommendation adopted, and the proposed amendment to referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 19, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 5. Assent To Municipal Services Easement - EQbert Street Read a report from the City Manager referring to Common Council resolution of November 14, 2000 authorizing the sale of property on Egbert Street in consideration of the acquisition of a portion of land next to the Thorne Avenue treatment plant, and advising that, although as part of this transaction a municipal services 88-314 COMMON COUNCIL JANUARY 15,2001 easement was to be granted to the City by way of a subdivision plan, a further recommendation was not included in the staff report to assent to the municipal services easement; and setting out a recommendation in this regard. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council assent to any necessary municipal services easements required to facilitate the sale and acquisition of land with George W. Stackhouse & Sons Ltd. as authorized by Common Council on November 14,2000. Question being taken, the motion was carried. 6. Traffic By-law Amendment- ParkinQ On Carmarthen Street Consideration was given to a report from the City Solicitor submitting, for Council's consideration of third reading, a proposed Traffic By-law amendment with regard to parking on Carmarthen Street to which Council gave first and second readings at its January 8, 2001 meeting. On motion of Councillor Titus Seconded by Councillor Trites 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 Carmarthen Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. 7. Lease Of CarneQie BuildinQ To ABEC Consideration was given to a report from the City Solicitor advising that the lease, authorized by Common Council on January 2, 2001, of the Carnegie Building to Aitken Bicentennial Exhibition Centre Inc. (ABEC) for a term of one year, included provisions which were, with noted exceptions, to be the same as those set out in the text of a lease document approved by Council in early 1998, the latter which included provisions respecting the submission and approval of ABEC's budgets that are inconsistent with the Greater Saint John Regional Facilities Commission legislation; i.e., under that legislation capital and operating budgets must be submitted to the Commission for approval, and the one-year lease with ABEC should reflect the latter arrangement; and setting out the text of an appropriate resolution in this regard. On motion of Councillor Ball Seconded by Councillor Vincent RESOLVED that the resolution adopted at the open session meeting of Common Council held on the 2nd day of January, 2001, authorizing a lease to Aitken Bicentennial Exhibition Centre Inc. is hereby rescinded; and FURTHER BE IT RESOLVED that Common Council authorize the execution of a one-year lease of the Carnegie Building to Aitken Bicentennial Exhibition Centre Inc. upon the terms set out in the lease document submitted by the City Solicitor to Common Council under covering letter dated January 12, 2001, and that the Mayor and Common Clerk be authorized to execute the said lease. Question being taken, the motion was carried. 88-315 COMMON COUNCIL JANUARY 15,2001 8. 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, January 8, 2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Waterfront Funding Agreement on behalf of the City of Saint John. 2. That pursuant to the Arbitration Award dated November 29,2000 in the matter of the dispute between the City and Dean Construction Limited under City Contract 98-16 Oakland Street - Lloyd Street, the City pay to Dean Construction Limited the amount of $10,046; to Thomas McGloan, Chairman of the Arbitration Board, the amount of $4,733.90, and to Harry Colwell, the City's Nominee on the Arbitration Board, the amount of $2,787.60. 3. That as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 38:t m2 portion of NBGIC Number 55108930 at 570 Rothesay Avenue, as well as a 57:t m2 construction easement, on or before June 1, 2001, as generally shown on the submitted plan, from Imperial Oil Limited, for the price of $3,040 (+ HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project, upon the following terms and conditions: as part of the transaction, the City of Saint John will (1) pay for all survey plans required; (2) pay to a maximum of $300 the legal costs incurred by Imperial Oil Limited in connection with this transaction; (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction, including the relocation of hydro poles and related street signage; (4) apply for variance pertaining to the pylon sign in the event the property line changes impact Imperial Oil Limited's future permission to maintain the sign in its present location; (5) be responsible for any and all damage to the existing ESSO sign, building, sprinkler system and improvements during the construction of the bridge, such damage to be remedied diligently with timeliness being of the essence; (6) reinstate the fence at the rear of the ESSO property along Marsh Creek; and (7) accept land in an as-is condition with the understanding any remediation required will be the sole responsibility of the City of Saint John; and further that the Mayor and Common Clerk be authorized to execute all necessary documents: AND FURTHER that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 75 :t m2 portion of NBGIC Number 298034 at 585 Rothesay Avenue, on or before June 1,2001, as generally shown on the submitted plan, from Donald Dempster, for the price of $3,750 (+ HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project, upon the following terms and conditions: as part of the transaction, the City of Saint John will (1) pay for all survey costs incurred; (2) pay to a maximum of $300 the legal costs incurred by Donald Dempster in connection with this transaction; and (3) pay $800 for fencing, $1,500 for landscaping and an additional $1,500 for sign relocation and incidentals involving the pylon sign on the property, all provided the City of Saint John is not responsible for remediation, repairs or upkeep of the aforementioned items and they are entirely the responsibility of Donald Dempster; and further that the Mayor and Common Clerk be authorized to execute all necessary documents: AND FURTHER that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 34 :t m2 portion and a 44 :t m2 portion of NBGIC Numbers 431916 and 301630 at 588-594 Rothesay Avenue, as generally shown on the submitted plan, from Don and Irene Richardson, for the price of $3,585 (+ HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project, upon the following terms and conditions: as 88-316 COMMON COUNCIL JANUARY 15,2001 part of the transaction, the City of Saint John will (1) prepare any plan of survey required for conveyance purposes; (2) pay to a maximum of $300 the legal costs incurred by Don and Irene Richardson to facilitate this transaction; and (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction, including the relocation of hydro poles and related street signage: AND FURTHER that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in a 6 :t m2 portion of NBGIC Number 298331 at 601 Rothesay Avenue, on or before June 1,2001, as generally shown on the submitted plan, from Bill's Siding Ltd., for the price of $300 (+ HST, if applicable), such property required to accommodate the Marsh Creek Bridge Replacement and Street Widening Project, upon the following terms and conditions: as part of the transaction, the City of Saint John will (1) pay for all survey plans required; (2) pay to a maximum of $300 the legal costs incurred by Bill's Siding Ltd. in connection with this transaction; and (3) where applicable, reinstate the subject property to the same or better condition as existing prior to construction, including the relocation of hydro poles and related street signage; and further that the Mayor and Common Clerk be authorized to execute all necessary documents. 4. That Councillor White be Council's liaison for the 2002 East Coast Music Awards Saint John event. January 15, 2001, Saint John, NB Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 8.1. Waterfront FundinQ AQreement On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that section 1 of the above report be adopted. The Mayor noted the 7:15 o'clock p.m. presentation to be made at this meeting in the above regard. On motion of Councillor Trites Seconded by Councillor Vincent RESOVED that the above matter be laid on the table until after the presentation to be made at this meeting. Question being taken, the tabling motion was carried. 8.2. Arbitration Award - Dean Construction Limited On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 8.3. Acquisition Of Property - 570, 585 588-594 And 601 Rothesay Avenue On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 88-317 COMMON COUNCIL JANUARY 15,2001 8.4. Council Liaison For East Coast Music Awards Event On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that section 4 of the above report be adopted. Councillor Titus suggested that the motion should be amended to the extent that the appointment would be for as long as Councillor White is a Councillor; and the Mayor made the observation that a person appointed as a councillor would be for only as long as the person concerned was a councillor. Question being taken, the motion was carried. 9. Saint John Parking Commission ParkinQ On Wentworth Street On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the report from the Saint John Parking Commission in response to Anna T. George's letter to Council on December 4, 2001 regarding the parking situation on Wentworth Street; recommending that, having reviewed the information in Ms. George's letter with Municipal Operations and in view of the Commission's anticipation that a report on the study of residential parking and snow plowing and removal problems in the residential areas of the Central Peninsula is anticipated to be in Council's hands by the middle or end of February 2001, no parking changes should be considered at this time until the results of the parking study in the Central Peninsula area are completed, be received and filed and copy be forwarded to Ms. George. Question being taken, the motion was carried. 10. Planning Advisory Committee - Subdivision For Street WideninQ Purposes, 570 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 38-square-metre portion of the Imperial Oil Ltd. property, located at 570 Rothesay Avenue (NBGIC Number 55108930), as generally illustrated on the submitted plan entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John County, New Brunswick." Question being taken, the motion was carried. 11. Planning Advisory Committee - Subdivision For Street WideninQ Purposes, 585 Rothesay Avenue On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision, with respect to the proposed widening of Rothesay Avenue, of an approximately 75-square-metre portion of the Donald and Dianne Dempster property, located at 585 Rothesay Avenue (NBGIC Number 298034), as generally illustrated on the submitted plan entitled "Plan Showing Rothesay Avenue widening for Marsh Creek Bridge #4, City of Saint John, Saint John, New Brunswick." Question being taken, the motion was carried. 88-318 COMMON COUNCIL JANUARY 15,2001 * Added Item On motion of Councillor Trites Seconded by Councillor White RESOLVED that two Nominating Committee recommendations which were considered in Committee of the Whole earlier this date be added to the agenda for consideration at this meeting as item 11A. Question being taken, the motion was carried. *11A.1. Appointment To Environment Committee On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Michael Arbow be appointed to the Environment Committee for a term of three years, replacing Murray Beesley who has resigned. Question being taken, the motion was carried. *11A.2. Appointment To Harbour BridQe Authority On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Del O'Brien and Ron Hutton be appointed to the Saint John Harbour Bridge Authority for a term of three years. Question being taken, the motion was carried. 12. Uptown Saint John Inc. - LiQhtinQ In Jardine's Alley On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Uptown Saint John Inc. bringing to Council's attention the present lighting situation in Jardine's Alley which gives pedestrians access between Prince William Street and Water Street and for several years has been illuminated, offering a safe and well-lit walkway, as a result of a previous initiative by Uptown Saint John; expressing the understanding that, as the lights are connected to the main panel of the Canada Bank building, the then- building owner agreed to absorb the lighting costs; however, the building has changed hands and the current owner is unwilling to continue covering the costs associated with these lights and, as a result, they have been turned off; and asking Council to refer this matter to City staff and to restore illumination to Jardine's Alley for the protection of the public, be referred to the City Manager. Question being taken, the motion was carried. 13. General Freight Carriers Inc. - Request To Withdraw Application For Re-ZoninQ Of 11 KinQ William Road On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from General Freight Carriers Inc. requesting to withdraw its application for re-zoning of property at 11 King William Road due to the opposition to the application; and advising that it is felt that more time is required to properly address the concerns of the community and to complete a feasibility study of the project, be received and the request be accepted and the public hearing scheduled for February 5, 2001 be cancelled. Question being taken, the motion was carried. 88-319 COMMON COUNCIL JANUARY 15,2001 3. Saint John Development Corporation Re Waterfront FundinQ AQreement William Grant, Chairman of the Saint John Development Corporation, acknowledged the presence at the meeting of Corporation Board members Vice Chairman Stephen Clarke, Charles Swanton, John Wallace, Mike McGraw, David Doyle, Councillor Ball, City Manager Terry Totten and Mayor McAlary, as well as David O'Brien, Chair, and Margaret Campbell, General Manager of Uptown Saint John Inc.; David Doyle and Cpt. AI Soppitt of the Saint John Port Authority; Gerald O'Brien, President, and Darryl Goyetche, General Manager of the Saint John Board of Trade; Stephen MacMackin, Chairman, and Stephen Carson, General Manager of Enterprise Saint John. Mr. Grant also recognized Richard Oland, Bob McVicar and Bill MacMackin, who were present at the meeting, for their work with the group over the last year, and The Honourable Norman McFarlane, MP Elsie Wayne, and MLA Elizabeth Weir, who were in attendance in support of the waterfront initiative. Mr. Grant related the sequence of events, commencing with the September 1999 introduction of the Waterfront Strategic Plan and culminating with this presentation of the Waterfront Funding Agreement to be entered into, for a three-year period ending on December 31, 2003, by the parties of the Waterfront Development Partnership - the Saint John Development Corporation, the Saint John Port Authority, Greater Saint John Economic Development Commission Inc. (Enterprise Saint John), the Saint John Board of Trade, Uptown Saint John Inc. and the City of Saint John. Mr. Grant referenced the proposed funding formula under which the Development Corporation would contribute $25,000 per year for a three-year period, with the City of Saint John to contribute the sum of $280,000 with $80,000 to be contributed in 2000 and $100,000 in each of 2001 and 2002, and the other parties to contribute $15,000 per year for three years; and the increase in the number of members on the Board of Directors of the Saint John Development Corporation, from nine to fifteen, to allow for all of the parties of the Partnership to be represented on the Board, as well as for more representatives to be appointed at-large by Council from the community. Mr. Grant apprised Council of the education and experience to be brought to the position of General Manager of the Partnership by Neil Jacobsen, as well as that of John Wallace who, on a voluntary basis, would act as the President of the Partnership. Mr. Wallace spoke to the tremendous level of interest and importance placed by the community in the development of its waterfront areas and the need for the Partnership, working together as a team, to ensure a consistent community voice and direction that brings together their collective resources, enthusiasm and experience, as well as the need for broad-based community support and participation in successful waterfront development. Mr. Wallace advised that the Partnership's first task would be to assemble a leadership team to complement his and Mr. Jacobsen's skills subsequent to which the team and the year one business plan would be publicly introduced in February; and commented, in terms of immediate priorities, of working with Council and City staff in the refurbishing of Water Street and the acquisition of the Coast Guard site and, in longer-term priorities, of the completion of a master plan to lay the ground work for a generation of waterfront development activities extending from the Irving Nature Park to Red Head and up the Saint John River beyond Reversing Falls. Mr. Jacobsen addressed Council on the exciting new era of both economic and community development to be launched through the Saint John Waterfront Development Partnership over the next three years, with waterfront development to provide a significant catalyst to sustain and expand the local economy, and expressed his appreciation for the opportunity to help lead the waterfront development initiative. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that item 8.1. be taken from the table. Question being taken, the motion was carried. 88-320 COMMON COUNCIL JANUARY 15,2001 8.1. Waterfront FundinQ AQreement On motion of Councillor Titus Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Waterfront Funding Agreement on behalf of the City of Saint John. The Mayor and Councillors spoke, in turn, in the above regard. Question being taken, the motion was carried. Mayor McAlary signed the Waterfront Funding Agreement, followed by representatives of the other parties to the Agreement. Adjournment The Mayor declared the meeting adjourned. Common Clerk