2001-05-07_Minutes
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MAY 7,2001
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the seventh day of May, AD. 2001, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, 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; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; S. Galbraith, Director of Works; W.
Edwards, Building Inspector; S. Lodhi, Manager of Real Estate
and Facility Management; D. Logan, Purchasing Agent; C.
Campbell, Planner; R. Pollock, Planner; P. Morgan, Personnel
Officer; G. Tait, Fire Chief; A Bodechon, Deputy Chief of Police;
Ms. Sheri Currie, Corporate Services; 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. David Warren of the
Saint John Foursquare Gospel Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Desmond
Seconded by Councillor Vincent
RESOLVED that minutes of the meeting
of Common Council, held on April 23, 2001, be approved.
Question being taken, the motion was carried.
8. Mavor's Remarks
Mayor McAlary proclaimed May 13 to 19,2001 as Canadian Police Week,
and Census Week, May 7 to 13, 2001 as National Nursing Week, and May 6 to 12 as
Emergency Preparedness Week, in the City of Saint John.
9. Residential Infrastructure Assistance
Consideration was given to a report from the City Manager proposing a
policy for Council's adoption which would provide assistance to developers who extend
municipal infrastructure for approved residential developments, further to consultation
with the development community with input received during Committee meetings and a
public meeting on April 18, 2001 having been considered; outlining the policy as follows:
(a) for a development to be eligible, the extension of municipal services (water, sewer
and storm sewer) would be required; (b) a minimum of 6 residential units must be
serviced by the service extension, (c) residential units may be single-family, two-family,
townhouses or apartment units; (d) the assistance will be provided in two parts; (e) the
first payment will be made at the time when subdivision cost sharing is made and will
equal the normal cost sharing provided in Section 26 of the Subdivision By-law plus
additional costs expended to: (i) remove rock or organic matter necessary to service the
development; (ii) provision of, or upgrade of, a sewage pumping station, (iii) the
extension or upgrading of services outside the limits of the subdivision; (f) the first
payment is not to be more than $6,000 per lot serviced (including normal subdivision
cost sharing); (g) there is no limit on the number of lots serviced and included in the first
payment; (h) the second payment of $4,000 per unit will be paid when the residential
units are constructed, based on increased assessment; (i) a minimum of 6 residential
units must be built within the three years after the approval is given to receive any part of
the second payment; U) in each calendar year the second payment will only be given for
the first 12 units constructed in the development; (k) if the developer chooses at the time
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of application, $2,000 per unit of the $4,000 per unit second payment may be directed
toward the first time purchaser of the unit; (I) Council will approve all applications with
the number of units in the phase proposed to be undertaken and installation of service
must begin for that phase within 6 months of approval; (m) only residential units
substantially complete within 3 years of Council approval will receive the $4,000 per unit
second payment; and (n) Council will approve no developments which have begun the
installation of services, except for developments noted in the section headed "Transition"
in this report; and noting the inclusion in the 2001 Capital Budget of $450,000 in the line
item Subdivision Cost Sharing which should be sufficient to provide for assistance to a
minimum of 75 lots and would result in 5 to 7 new developments receiving assistance
this year and, for 2002, additional funds would have to be committed for additional
projects, or phases of projects, as well as the second payment when units are built.
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council adopt a policy of residential infrastructure assistance
based on points (a) through (n) as outlined in the above report.
Question being taken, the motion was carried.
10. Establishment Of Sidewalk Cafes
Read a report from the City Manager submitting Standards and
Specifications For the Establishment of Sidewalk Cafes upon Street Rights-of-ways that
could be used by Council to respond to the requests, or other similar requests, of II
Fornello's (now D'Amico's) at 33 Canterbury Street, Mexicali Rosa's at 88 Prince William
Street and Taco Pica at 96 Germain Street, which reflect two issues raised during the
process of obtaining input for this report as follows: (1) the public should not be restricted
from traversing the existing sidewalk as a result of the establishment of a sidewalk cafe,
this being particularly important for those who have mobility or visual impairments; and
(2) the size, location, height of the various components of sidewalk cafes should not be a
hazard to patrons, pedestrians and motorists and, in this regard, the suggested
standards and specifications address such matters as proximity to the traffic lanes,
intersections and driveways and barriers; advising that staff is recommending a three-tier
fee structure, with level one applying to those cafes that simply place tables and chairs
in front of their premises, level two applying to cafes that are enclosed but do not extend
beyond the street curb, and level three for those cafes that are enclosed and use both
the sidewalk and a portion of the travelled street, and also that cafes to be located in the
heritage preservation area shall be required to ensure that any structure meets the
requirements of the Heritage Preservation Area By -law and, in this regard, the
proponent will require the necessary approvals and, when appropriate, the Building By-
law will apply to sidewalk cafes, although there will be no additional fees charged, and
City approval for the establishment of a cafe does not absolve operators from complying
with other requirements, such as health and liquor licensing requirements; and also
advising that staff, while supportive of the applications for the establishment of sidewalk
cafes by Taco Pica and D'Amico's (formerly II Fornello's), is not supportive of the
application of Mexicali Rosa's on Prince William Street due to traffic concerns and other
community issues that remain to be resolved.
On motion of Councillor Fitzpatrick
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, based on an examination of the proposal of Taco Pica to use a portion of
Germain Street and D'Amico's (formerly II Fornello's) to use a portion of Canterbury
Street for a cafe and having thus been led to the view that these proposals would
constitute neither a nuisance nor an obstruction to the public's right of passage upon the
sidewalk, Council authorize the sale of liquor (subject to all Provincial laws and
regulations) by Taco Pica and D'Amico's at the sidewalk cafes they propose to establish
directly in front of their premises at 96 Germain Street and 33 Canterbury Street,
respectively, and further that the establishment of sidewalk cafes as requested by Taco
Pica at 96 Germain Street and D'Amico's at 33 Canterbury Street must be constructed in
accordance with the standards and specifications appended to the City Manager's
submitted report, dated May 1, 2001.
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In response to the Mayor's observation that Mexicali Rosa's was excluded
from the recommendation, Mr. Totten advised that, given the fact that Prince William
Street is a designated truck route and there has been some difficulty in the last six
months with respect to activities on that street, he thought it appropriate to recommend
approval for the Canterbury and Germain Street establishments and determine how that
works out. The Mayor suggested that Mexicali Rosa's could be included on a trial basis
and, if any problem arose, it could be addressed later, and Mr. Totten noted that, while
ultimately Council would want to be in a position of having a by-law in which there would
be a relatively straight-forward practice in terms of giving approval to the establishment
of sidewalk cafes, currently requests were being received from a number of different
parties at the same time as the City was trying to develop rules by which to proceed,
although clearly staff felt comfortable dealing with two of the requests on an ad hoc basis
until there was a by-law; and he added that the Prince William Street applicant's request
this year would, because of the slope in the sidewalk, mean the construction of a deck-
type of establishment into at least one or two of the parking spaces on Prince William
Street. Councillor Trites suggested that the three establishments could be given
permission providing that the outdoor cafes must be closed by midnight.
Moved in amendment by Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the above motion
include Mexicali Rosa's at 88 Prince William Street and the hours be such for all three
establishments that the outdoor service ceases at midnight, subject to negotiations with
the Parking Commission on a fee to be charged for parking spaces.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
(Councillor Desmond withdrew from his place at the Council table.)
3. Parking Commission - Residential Parking & Snow
Removal Study Of The Saint John Central Peninsula
Consideration was given to a letter from the Saint John Parking
Commission submitting a copy of the Residential Parking & Snow Removal Study of the
Saint John Central Peninsula, prepared by DS-Lea Associates and Hardy Stevenson
and Associates Limited, further to the initiation in February 2000 of a study of residential
parking and snow removal problems in the residential areas of the Central Peninsula,
with the goal of improving the "livability" of the Central Peninsula by providing a better
balance between convenient residential parking and efficient street cleaning and snow
clearing operations; advising of the study process of this two-phase study with Phase 2
to define the details of implementation of the concept developed in Phase 1; and setting
out the Solutions Committee's recommendations as follows: for street cleaninQ, snow
removal and street cleaninQ, (a) an overnight parking ban during major storms with a
provision for providing alternative off-street parking for residents during the ban, and (b)
twice-a-month alternate side-of-street parking; and for the Residential ParkinQ Permit
ProQram, to extend the Residential Parking permit Program to the "friction areas" now
and allow the Saint John Parking Commission to extend the Program as required without
a polling of residents on a block-by-block basis, with other changes being proposed
being to (a) restrict property owners with off-street parking from having permits to park
on the street, (b) allow more than one parking permit per dwelling for households with
multiple vehicles, and (c) make temporary or limited parking permits available to non-
residents (i.e. visitors/guests or residents). The report lists the key elements of the
action plans for snow plowing/clearing and the Residential Parking Permit Program for
Phase 2 (Action Plan for Implementation) of the study, proposing that the next step for
the Commission would be to work with Municipal Operations, with consultation with
community group and residents, to define a detailed implementation plan to provide
Common Council with the information required for a decision to implement the
proposals, as well as the public process proposed once the plan is prepared; and
recommends, if Common Council feels the concepts recommended by the Solutions
Committee have sufficient merit, the following steps: (1) endorse the recommendations
by the Solutions Committee; (2) request the Parking Commission to proceed with Phase
2 and work with the Municipal Operations Department, in consultation with community
groups and residents, to define a detailed action plan for implementation; and (3) when
the action plan is complete, to present it to Council for its decision to implement.
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Councillor Desmond, a member of the Saint John Parking Commission,
addressed Council from the podium in the above regard, noting the presence of
Commission Administrator Richard Smith and Norman Hamburg who was involved in the
study and participated on the Solutions Committee.
(Councillor Desmond returned to his place at the Council table.)
Norman Hamburg, through a computer-aided presentation, highlighted
the study and its recommendations, and acknowledged those who assisted, as well as
the presence at the meeting of Andrew Brown of DS-Lea Associates Ltd. who led the
study and the technical components.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that Common Council endorse
the recommendations made by the Solutions Committee of the Residential Parking &
Snow Removal Study of the Saint John Central Peninsula and request the Parking
Commission to proceed with Phase 2 and work with the Municipal Operations
Department, in consultation with community groups and residents, to define a detailed
action plan for implementation, and the action plan, when complete, be presented to
Council for its decision to implement.
Question being taken, the motion was carried.
11. Tender For Supplv Of 60,000 GVWR Cab & Chassis
On motion of Councillor Desmond
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, the tender of Bayview International Trucks Ltd., Saint John, NB, in the
amount of $92,500 plus 15% HST, be accepted for the supply of one (1) 2001
International model #2574,60,000 GVWR Cab & Chassis.
Question being taken, the motion was carried.
12. Tender For Loader CIW WinQ & Plow
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender submitted by Lounsbury Industrial (1996) Ltd., in the amount of
$176,900 plus 15% HST, be accepted for the supply of one (1) only JCB #436ZX Wheel
Loader complete with reversible plow and wing.
Question being taken, the motion was carried.
13. Tender For Contract 2001-12
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Contract 2001-12, Westmorland Street watermain construction, be
awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $58,100,
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.
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14. Tender For Contract 2001-14
On motion of Councillor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Contract 2001-14, East Transmission System - sealing joints 900mm
watermain Rothesay Avenue - Marsh Creek, be awarded to the low tenderer, Aqua-
Rehab Inc., at the tendered price of $70,882, 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. Extension & Changes To Licence For Operation Of
Horse Barns & Associated Business - Rockwood Park
Read a report from the City Manager advising of negotiations with LHMD
Adventures which requested a renewal of its licence to operate the horse barns and
associated business in Rockwood Park, which expires on October 31, 2001; and
submitting a copy of the current contract, the terms of which, unless modified, will be
included in the renewal licence.
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that as recommended by the
City Manager, Common Council (1) grant LHMD Adventures a five-year extension to its
current licence, to commence November 1, 2001, for the operation of the horse barns
and associated business in Rockwood Park, incorporating the changes to the licence as
outlined in the submitted Appendix A; (2) request the City Solicitor to prepare the
renewal licence, and (3) authorize the Mayor and Common Clerk to execute the renewal
licence.
Question being taken, the motion was carried.
16. KinQ Street Brick Replacement
On motion of Councillor Ball
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising of the discussion on options available for remedying the condition of
the bricks and exposed aggregate sidewalks on King Street, the options including the
replacement of the existing configuration, the use of stamped concrete in the brick
areas, an entirely concrete system, and a mixed concrete and tightly-packed brick
system, and also advising that, applying the Canterbury Street model, it is proposed that
a typical concrete sidewalk be introduced on King Street, one edge of which would abut
the building faces and the other edge would be on a straight line on the building side of
the planters, with tight-packed bricks placed in the space from this edge to the back of
the curb, and the new system being planned would result in considerably less brick and
an improved concrete walking surface, with a much-reduced impact on maintenance
resources and also balance construction and maintenance considerations with the need
to maintain the aesthetics of the uptown area, the surface work planned for 2001 having
been estimated at $156,000, be received and filed.
During discussion Councillor Fitzpatrick advised that he would be more
satisfied with an all-concrete sidewalk rather than having brickwork on the downhill slope
of King Street in view of problems over the years with using bricks; and Councillor Chase
spoke in favour of using stamped concrete as it involved less expense to begin with and
less maintenance in the future, the latter to which Mr. Totten responded on the basis
that, while originally staff's suggestion had been to use stamped concrete recognizing
that it would be a cheaper product and perhaps more durable in the long term, a number
of letters were received expressing concern as to the quality and aesthetics of stamped
concrete and Uptown Saint John Inc. indicated a desire to work with the City to come up
with something that would meet the expectations of a segment of the community which
is still very much concerned about the historical significance of brick and aesthetics and
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for that reason staff has come back to Council with a design for which there seems to be
support in an effort to meet these expectations. Councillor Chase suggested that this
matter should be tabled so that staff and Uptown Saint John Inc. could look at the issue
of the border in terms of whether it should be stamped concrete in an attractive historical
pattern versus brick.
On motion of Councillor Chase
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
laid on the table.
Question being taken, the tabling motion was lost with the Mayor, Deputy
Mayor Chase and Councillors Ball, Court, Desmond, Trites, Vincent and White voting
"nay".
Question being taken the original motion was carried with Councillor
Chase voting "nay".
17. Amendment To R. E. Darling Ltd.'s Application For
Re-ZoninQ Of Property On Lakewood Avenue West
Consideration was given to a report from the City Manager referring to
Council's April 23, 2001 referral of the application of R. E. Darling Limited for the re-
zoning of an area on the west side of Lakewood Avenue West in that, while based on
initial discussions with staff the applicant requested that the subject area be re-zoned
from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood
Institutional, upon further review it is now realized that the site must be re-zoned to "IL-2"
Major Institutional in order to accommodate the proposal; and advising that the
developer supports the change in the original application and this change will not result
in any delay or additional cost since it was identified prior to the preparation of the
necessary advertising.
On motion of Councillor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council accept the amended re-zoning application of R. E.
Darling Limited, concerning vacant land on Lakewood Avenue West, by changing the
proposed zone from "IL-1" Neighbourhood Institutional to "IL-2" Major Institutional
classification, and that the amended application be referred to the Planning Advisory
Committee for a report and recommendation, and the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, June 11, 2001 at
7:00 o'clock p.m.
Question being taken, the motion was carried.
18.154 Thorne Avenue - Lease Of Land
Consideration was given to a report from the City Manager advising of
Keith Chamberlain's approach to the City about leasing the land at 154 Thorne Avenue
on which to operate an office and car consignment sales lot, having negotiated with all
parties involved with regard to the structure on the property that Debmar Enterprises,
with which Council on November 14,2000 terminated the lease for a portion of the
subject property, was unable to remove in a timely fashion due to the onset of winter and
the lack of a January thaw.
On motion of Councillor Trites
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the City of Saint John lease a 713:t m2 portion of NBGIC Number 411710
at 154 Thorne Avenue, as generally shown on Parcel A on the submitted plans, to Keith
Chamberlain; the term of the lease be three years commencing on June 1, 2001; the
monthly rent be $300 plus HST; the rent increase by $120 per annum; if during the term
of the herein given lease the lease to Barry Arthurs for Parcel B is terminated, then the
City shall offer Parcel B to Keith Chamberlain before offering Parcel B to anyone else;
the terms and conditions for the lease of Parcel B shall be the same as for Parcel A,
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except the combined rent shall be $500/month; Keith Chamberlain be given the option to
renew the lease for Parcel A (or Parcel A & B, if applicable) for an additional three years;
the condition imposed on Parcel B by the Planning Advisory Committee at its meeting of
May 26, 1998 shall also apply to Parcel A and shall form part of the conditions of lease;
the lease shall contain a 90-day termination clause exercisable by either party to the
agreement (with no cancellation in the first year); if the City of Saint John needs to repair
a municipal service pipeline in the vicinity of the building and if the City is of the opinion
that the building must be relocated in order to best perform the required repairs, the
lessee is obligated to relocate the proposed building, at the lessee's own expense and,
in such event, the City offers no compensation for the loss or interruption of business
which may have been caused by the required work and/or building relocation; and the
Mayor and Common Clerk be authorized to execute the lease. (Rescinded February 4,
2002 Bk. 88 pg. 853 )
Question being taken, the motion was carried.
19. CouQhlan Stream - WatercourselDrainaQe System
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising that, further to the City Manager's report to Council on March 12, 2001
on the maintenance of the watercourse/drainage system concerning the drainage stream
running from Blackall Lake under Loch Lomond Road to Little River, staff visited the site
with Councillor Desmond at the Councillor's request and met one of the residents
affected by the overflowing water - Murray Armstrong of 1400 Loch Lomond Road,
during which time it was suggested that a portion of the stream was located on City
property which, upon further review, was confirmed; also advising that the stream has
silted up about 30 or 40 metres below Loch Lomond Road where the elevation of the
land flattens out and water overflows onto land on either side and flows downward
toward Little River through property owned by Murray Armstrong and Robert Waters,
and eventually flows back into the lower reaches of the stream which are not silted up
and where the water flows freely into Little River; and further advising that the blocked
portion of Coughlan Stream is approximately 300 feet long between two hydro poles and
staff has reapplied to the NB Department of the Environment for a watercourse alteration
permit and intends to have this portion of the stream dredged to allow free flow of water
through the original streambed, once a permit is obtained and field conditions allow, be
received and filed.
Question being taken, the motion was carried.
(Councillor Court withdrew from his place at the Council table.)
4. Environment Committee - Storm Water ManaQement
Councillor Court, a member of the City of Saint John Environment
Committee, in addressing Council from the podium, acknowledged the presence at the
meeting of Committee members Chairman Terry Gray, Mike Sauerteig and Don Shaw,
as well as City staff support Craig Campbell who were present at the meeting for a
presentation on storm water management as the next in a series of draft policy
documents prepared by the Environment Committee regarding Part Three of the
Municipal Plan. Councillor Court, through a computer-aided presentation, highlighted
the previously-submitted brief, the objective of subsection 3.3.4 being to facilitate the
reduction of water pollution and flooding through the implementation of storm water
management techniques and design principles, and the proposed policies being as
follows: 3.3.4 - to continue to focus on the separation of storm water from untreated
sanitary discharge before entering the receiving bodies, 3.3.4.1 - to develop a storm
water strategy, in conjunction with the water and wastewater strategies, upon which the
storm water management plan would be further developed; New Development 3.3.4.2 -
to evaluate plans of subdivision, townhouse, condominium and other development site
plans on the basis of storm water design plans and, where no such plan exists, Common
Council shall require the proponent of development to provide the information as
specified in the brief; 3.3.4.3 - to ensure that modern storm water management
techniques are employed in the design and implementation of all development, to control
both quantity and quality of urban runoff; 3.4.4.4 - to encourage the use of permeable
surfaces and soft landscaping, rather than impervious surfaces, when considering
development proposals; 3.4.4.5 - to prepare a storm water drainage manual with
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established guidelines in order to ensure that current and future development will meet
storm water requirements; 3.4.4.6 - to establish criteria for storm water drainage
facilities; 3.4.4.7 - to consider the preparation of storm water design plans for specific
sites or for portions of the watershed, in consultation with government agencies, and
submit completed plans to these agencies for their input; 3.4.4.8 - to eliminate as many
pollutants as possible from receiving waters; 3.4.4.9 - to consider the adoption of
measures to control the quality of storm water; 3.4.4.10 - to promote utilizing
technologies which reduce storm water volumes, through the use of on-site
technologies; Infrastructure 3.4.4.11 - to ensure that waste water / storm water
separation work is carried out as part of street and/or utility reconstruction; 3.4.4.12 - to
prepare a storm water drainage strategy, in conjunction with water and waste water
strategies, with the long-term goal to separate storm water from waste water in all cases;
3.3.4.13 - to eliminate all untreated wastewater discharge into open waterways and, in
accomplishing, to avoid building treatment facilities which have to accommodated
combined flows and, in the case that combined flows would result in severe oversizing of
a facility, the preferred option would be separation of those flows prior to proceeding with
construction of such a facility; and 3.3.4.14 - to purchase land where possible in order to
continue building retention ponds as buffers for storm flows.
The Mayor thanked the members of the Environment Committee
members for their efforts on behalf of the City.
The Mayor asked that Council consider agenda item 32 with agenda item
20.
20. McLeod Road
Consideration was given to a report from the City Manager advising that,
further to Council's April 2, 2001 referral of a petition from residents of McLeod
expressing concern for the unacceptable condition of the Road and asking that
measures be taken to find a permanent solution, staff is of the view that the street needs
improvement and that such work should be undertaken in the relatively near future at a
cost estimated to be in the order of $100,000, such cost reflecting up-to-date costs and a
recent evaluation of the scope of the work further to a 1998 estimate; and suggesting
that Council might wish to consider making this work a priority in a future transportation
capital program, such as that for 2002 or 2003, recognizing that there are many other
competing demands for the limited resources available.
32. Norman Butler - McLeod Road
Consideration was also given to a letter from Norman Butler advising of
the disappointing information he received from the City Manager that McLeod Road
would not be chipsealed, only maintained, i.e. grading and cutting back the knoll, and
that his neighbours and he feel that chipsealing the Road is the only answer as grading
is a waste of time and money.
The Mayor suggested that, if at all possible, McLeod Road should be
chipsealed this year in view of its condition, and Councillor Court proposed a motion to
do some remedial work on that Road, at a minimum to chipseal it until the City can afford
to do some major work there. Councillor Ball seconded the motion to only chipseal
McLeod Road this year. Mr. Totten noted that, as indicated in the above report, it was
not simply a matter of doing chipsealing work in that, if the work were to be done, it
would have to be done properly at an estimated cost of $100,000 and, in agreeing that
while clearly there was a need for work to be done, staff was unable to include it in
presenting the 2001 Capital Budget to Council and, if Council wished the work to be
done, it would be in addition to the Capital Budget.
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that work be done on McLeod
Road this year at a cost of approximately $100,000.
Question being taken, the motion was carried.
32.
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On motion of Councillor White
Seconded by Councillor Vincent
RESOLVED that the letter from Norman
Butler regarding McLeod Road be received and filed.
Question being taken, the motion was carried.
5. Positive Awareness Committee - LoiterinQ & BeQQinQ Bv-Iaw
Consideration was given to a letter from Gail Bremner, Chair of the
Positive Awareness Committee, submitting a copy of a by-law on loitering and begging
which was previously submitted to Council on March 30, 1998 and referred to the City
Solicitor, as well as a copy of the Committee's letter to Uptown Saint John Merchants &
Citizens and a petition in support of the by-law; advising that the by-law has been
successful in the Cities of Moncton and Fredericton and the Committee has been
advised that, if the City of Saint John adopts the by-law, it would have a means to
address individuals who panhandle; and also advising of the Committee's research of
this social issue for the past three years, focusing on what other municipalities across
the country have been successful and not successful with and, based on that, having
determined that a three-tiered plan is needed, one of the three initiatives including the
request to the City to adopt the submitted by-law, with the Committee to continue to work
on the social issues of individuals who panhandle and to educate the citizens of Greater
Saint John.
Gail Bremner, Chair of the Positive Awareness Committee, acknowledged
members of private and corporate business, community mental heath and citizens
accompanying her at this meeting with the request that Council adopt section 91.1 of the
Provincial Municipalities Act; and advised Council of what she had learned about
individuals who panhandle and their behaviour during the last two years as a member of
the Committee which has a wide spectrum of individuals, including professionals in drug
addiction, mental health such as nurses, social workers and other allied stakeholders
such as the Police Department who meet on the streets with individuals who panhandle
to offer them assistance in making life transitions. Ms. Bremner spoke to the need for
education of the community on how best to help such individuals, the Committee having
ready a public awareness plan to put in place as its next action after the proposed by-
law which is intended for the use of police officers in moving along those panhandlers
who are being aggressive or blocking entrances to businesses; and noted the adoption
by the Cities of Fredericton and Moncton of Section 91.1 of the Municipalities Act. Ms.
Bremner advised that the Positive Awareness Committee's goal was three-fold, including
public awareness, continuing the one-on-one counselling with individuals who
panhandle, and the by-law, all three of which must be done in tandem to truly make a
difference; and, in asking Council to approve the by-law, assured Council that the
Committee would continue to work on the other two initiatives.
On motion of Councillor Desmond
Seconded by Councillor Trites
RESOLVED that the presentation on behalf
of the Positive Awareness Committee requesting that Council enact a by-law regarding
begging and loitering be referred to the City Manager and the City Solicitor.
Question being taken, the motion was carried.
6. Carleton Community Centre Advisory Board
Development Of City Land Market Place West
Consideration was given to a letter from the Carleton Community Centre
Advisory Board submitting a budget for a proposed project to develop City land located
on Market Place West with an outdoor ball hockey rink, two outdoor volleyball courts and
two horseshoe pits, at a total project cost of $33,027.50, and requesting $16,513.75 from
the Land for Public Purposes Trust Fund.
Paul Beale addressed Council in the above regard on behalf of the
Carleton Community Centre Advisory Board during which time he advised that the
project proposed would involve the development of City land which is presently not being
used, one site being directly behind the Carleton Club playground which is presently a
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basketball court with the intent being to convert it to a ball hockey/basketball site to be
used for ice hockey and skating in the winter, the other site being just past the park
between Rodney and Carleton Streets on which to construct two outdoor or beach
volleyball courts and two horseshoe pits, at a total project cost of $33,027.50. Mr. Beale,
in requesting $16,513.75, also advised of the Board's application for Provincial Youth
Community Assistance Program funding in hopes of receiving an additional 30 per cent,
or $9,908.25, and its commitment to raising the remaining 20%, or $6,605.50; and asked
for the City's commitment in allowing the use of both the land in question and the
necessary funds from the Land for Public Purposes Trust Fund to allow this project to
move forward.
The Mayor asked the amount of funding raised to date by the Board to
which Mr. Beale advised that such information could be provided.
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the presentation on behalf
of the Carleton Community Centre Advisory Board with regard to a project to develop
City land at Market Place West requiring the City's commitment allowing the use of both
the land and the necessary funds from the Land for Public Purposes Trust Fund be
referred to the City Manager for a report and recommendation.
Question being taken, the motion was carried.
7. Skills Development - Outdoor Labour Force
Read a letter from the City Manager advising that, in recognition of the
fact that the skills and expertise required by members of the City's outside labour force
are rapidly changing, staff of Human Resource with the assistance of members of Local
18 have been developing a number of skills development modules that will soon be part
of the ongoing training programs delivered to employees and, in addition, staff has also
prepared a six-minute video intended to describe the nature of the change in required
skills; and asking Council to take a few moments to view this presentation which has
been produced, filmed and narrated by staff.
Mr. Beckett commented on the career development system which the
City, in conjunction and cooperation with its Local 18 outside workers has been working
on for the past couple of years, noting the average age of the workforce somewhere in
the order of about 47 years and the extensive amount of applied knowledge that will be
taken with them in retiring from the City in the next five to ten years in terms of the skills
they have in carrying out the tasks that are needed to make the City operate the way it
does, thus a significant amount of that built-up knowledge would be lost without an
effective system in place to ensure that this knowledge is transferred to younger staff
coming in. Mr. Beckett noted that the City was also entering into a time when attracting
new employees into the workforce was getting to be increasingly competitive, with
employees coming in expecting more from their employer with a diversity of
opportunities and a commitment to them of an established career path. Council was
shown the video at this time, following which Mr. Beckett displayed support
documentation associated with the career development system.
21. Ocean Westwav - Status As Truck Route
On motion of Councillor Fitzpatrick
Seconded by Councillor White
RESOLVED that the report from the City
Manager advising that, further to Council's November 14, 2000 request for a review of
the status of Ocean Westway as a truck route, Ocean Westway is identified as a truck
route under the Traffic By-law and is a Provincially designated highway - part of Route
100 and, given that status, staff has forwarded a request for a change to the Department
of Transportation which has forwarded it to its Maintenance & Traffic Branch for
consideration, and also that staff has followed up with the Department on another
section of Route 100 - Manawagonish Road between Fairville Boulevard and the area of
the Gault Road, and a response is anticipated soon, be received and filed.
(Councillor White withdrew from the meeting.)
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Question being taken, the motion was carried.
22. 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, April 23, 2001, when there
were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick,
Titus, Trites, Vincent and White, and your Committee submits the following
recommendation, namely:
1. That the annual salary of the City Manager be established at 117.5% of
the maximum salary provided for Group M in the 2001 Management Salary Grid,
effective the first day of January 2001; and further that, in succeeding years and subject
to satisfactory performance as determined annually by Common Council, the annual
salary of the City Manager be established at 117.5% of the maximum salary provided for
Group M of the Management Salary Grid as it exists from time to time.
May 7,2001,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
22.1. Salarv Issue
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
(Councillor White re-entered the meeting.)
23. Planning Advisory Committee - Street Vesting
(Vev Road), 2291 Loch Lomond Road
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, Common Council assent to the submitted photo-
reduced tentative subdivision plan of 2291 Loch Lomond Road that would vest an
approximate area of 1470 square metres (15,823 square feet) of land from the subject
property as part of the Vey Road public street right-of-way.
Question being taken, the motion was carried.
24. Planning Advisory Committee
Subdivision, Parkwood Avenue
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) assent to the submitted tentative
subdivision plan that would extend the Parkwood Avenue public right-of-way, and to any
required municipal services or public utility easements; (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; (3) authorize cost sharing outside the limits of the proposed
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subdivision in accordance with Section 26 of the Subdivision By-law; and (4) accept a
cash-in-lieu land for public purposes dedication for the proposed subdivision.
Question being taken, the motion was carried.
25. Saint John Industrial Parks Ltd. - Purchase Order
EnQineerinQ DesiQn - Mcilveen Drive Extension Project
Consideration was given to a letter from Saint John Industrial Parks Ltd.
advising that, further to its submission of the required application to the Province for half
the proposed cost of the Mcilveen Drive Extension project for which the loan approval
was anticipated to be in place in early 2001, the application has passed several major
approval hurdles but still has a few steps to go before an "offer" will be presented to
Saint John Industrial Parks Ltd. and, although the "offer" date has changed several
times, it is anticipated that all approvals will be in place by June of this year; and
requesting, as the engineering design work must commence now and be tender-ready
for June, Common Council to allow that a portion of the Industrial Parks Capital Budget
be disbursed.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as requested by
Saint John Industrial Parks Ltd., the City of Saint John issue a purchase order in the
amount of $40,570 + HST to Godfrey Associates Ltd. for the undertaking of site survey,
pre-design and engineering design work for the extension of Mcilveen Drive in McAllister
Industrial Park, and payment be authorized subject to the completion of work to the
satisfaction of the City.
Question being taken, the motion was carried.
26. Total Golf Management Inc. - Contract For
Rockwood Park Golf Course & Aquatic DrivinQ RanQe
On motion of Councillor Trites
Seconded by Councillor White
RESOLVED that the letter from Total Golf
Management Inc. asking for acceptance of the submitted Annex I and Annex II prepared
in response to paragraphs IV. (11), IV.(13), and IV.(15) of the contract between Total
Golf Management Inc. and the City of Saint John, dated March 05, 1999, for the
Rockwood Park Golf Course and Aquatic Driving Range, Annex I providing a summary
of enhancements and accomplishments during the 2000 golf season, and Annex II
including a list of the proposed 2001 fee structure and identifying the proposed
plans/enhancements to golf facilities in 2001, be accepted and Council approve the 2001
fee structure.
In the discussion following, Mr. Totten confirmed that the above
documentation was submitted in accordance with the requirement in the contract for it to
be dealt with before the end of April, having been received in the Common Clerk's Office
on April 23, 2001, with the first occasion being this meeting for Council to approve the
2001 fee structure, and advised that the annual Financial Statements have been filed
with the City's Treasurer, as required.
Question being taken, the motion was carried.
27. Enbridge Gas New Brunswick Inc. - Amendment To
Section 39 Conditions, Re-ZoninQ Of 33 Cheslev Drive
On motion of Councillor Trites
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Seconded by Councillor Fitzpatrick
RESOLVED that the application of
Enbridge Gas New Brunswick Inc. for an amendment to the Section 39 conditions of re-
zoning of property located at 33 Chesley Drive 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, June 11, 2001,
at 7:00 o'clock p.m.
Question being taken, the motion was carried.
28. F. G. Ganong Electrical Ltd.
Re-ZoninQ 77 Golden Grove Road
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the application of F. G.
Ganong for the re-zoning of property located at 77 Golden Grove Road be referred to
the Planning Advisory Committee for a report and recommendation and that the
necessary advertising be authorized in this regard, with the public hearing to be held on
Monday, June 11,2001, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
29. FCM - Funding Request For National
HousinQ Policv Options Team
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the letter from the
Federation of Canadian Municipalities requesting funding to support the work of the
National Housing Policy Options Team, be received and the amount of 1.5 cents per
capita be paid as requested.
Question being taken, the motion was carried.
30. Smoothy's Restaurant & Pub - Outdoor
SeatinQ Area At 18 Charlotte Street
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the letter from Smoothy's
Restaurant & Pub requesting permission for an outdoor seating area in front of 18
Charlotte Street for the 2001 summer season, be referred to the City Manager for a
recommendation.
Question being taken, the motion was carried.
31. Bill Randell - Re-ZoninQ Of 139 Germain Street
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the application of Bill
Randell for the re-zoning of property located at 139 Germain 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,
June 11,2001, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
Adjournment
The Mayor noted the next Council meeting of Tuesday, May 22, 2001,
and the meeting adjourned.
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Common Clerk