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2001-08-07_Minutes 2001-594 COMMON COUNCIL AUGUST 7,2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the seventh day of August, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on July 23, 2001, be approved. Question being taken, the motion was carried. (Councillor Ball entered the meeting.) 3(a) Municipal Plan Amendment; (b) Re-Zoning Of Property Located On Lakewood Avenue West The 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 Lane Use Plan, a parcel of land with an area of approximately 3 acres, located on the east side of Lakewood Avenue West, also identified as being a portion of NBGIC Number 315838, from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One and Two Family Suburban Residential to "1-1" Light Industrial classification, to permit the development of an office/warehouse building with outdoor storage, as requested by George Freeze, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, letters of objection and a petition in opposition to the proposal, considered at the Committee's July 31, 2001 meeting at which the applicant was not in attendance, and a number of residents spoke in opposition to the proposal, and the Committee adopted staff's recommendation to deny the application; and recommending that the proposed amendments to the Municipal Plan and Zoning By-law be denied. Roy Haddad of 15 Lakewood Avenue West, representing a group of approximately fifty-two residents from the Forest Hills area, including Lakewood Avenue West, Lynn Avenue and Mountain Road, spoke in opposition to the proposed re-zoning of the area in question on the basis that Mr. Freeze or anybody else who would like to have an industrial area should use industrial parks or other Light Industrial areas within the City that are not yet fully utilized in which to locate his business. Mr. Haddad expressed the view that, with the re-zoning, there would be a higher traffic volume and 2001-595 COMMON COUNCIL AUGUST 7,2001 the residents' quality of life would diminish, adding that many people use the roadway as it stands right now as a walking road and noting the petition submitted by the residents to the Planning Advisory Committee opposing the re-zoning of the area concerned. (Councillor Trites entered the meeting during the above comments.) On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, the proposed amendments to the Municipal Plan and Zoning By-law with regard to property on Lakewood Avenue West (now Mountain View Drive), as requested by George Freeze, be denied. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6. Placement of Unauthorized SiQns Read a letter from Mayor McAlary referring to a number of commercial businesses that have their signage on City-owned / public property which she believes to be inappropriate on the basis that Council is doing its best to keep the City attractive for all citizens and tourists and a few select businesses are being allowed to have free advertising; suggesting that, in the case of non-profit organizations, signage should be at Council's discretion, with permission requested and a time limit imposed, and that consideration should be given to a by-law that eliminates commercial advertising on City-owned, public green spaces and that restrictions and controls should be put in place for non-profit organizations for signage advertising, with the by-law to also apply to energy and telephone poles, lantern poles and bus shelters in the City. The Mayor expressed concern about what seemed to be an increasing number of businesses putting signs on City-owned property every year, thus giving them free advertising and an opportunity that other businesses that abide with City laws do not get; and also about signs placed on power poles as not only are they unattractive but pose a danger, when stapled on, to Saint John Energy personnel who have to climb the poles. The Mayor expressed the view that there should be a time limit given to non- profit organizations to place signs a certain number of weeks before an event and remove them immediately after the event; and called for a motion to request City staff members, in going about their duties in Works or Parks, to take down such signs on City-owned property and rights-of-way and hydro poles, and to refer the issue of signs for non-profit organizations to the City Manager for consideration of a policy that would require them to go to staff to get permission and a time limit for putting signs up. Councillor Desmond proposed a motion, which was seconded by Deputy Mayor White, to refer the above matter to the City Manager and the City Solicitor to draw up a by-law to control signs on publicly-owned property for review by Council before putting it into law. The Mayor asked that the motion include that staff be allowed to take down signs that were now in place, and Councillor Desmond expressed the view that, as staff had already heard this discussion, Council did not need to make a motion in this regard. Mr. Totten suggested that, while on rights-of-ways or private property owned by the public a by-law was not needed, a motion of support from Council to remove such signs would be appropriate. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that Council refer the above matter to the City Manager and the City Solicitor to draw up a by-law to control signs on publicly-owned property for review by Council before putting it into law, and staff be asked to remove any signs presently on City-owned property or rights-of-way. 2001-596 COMMON COUNCIL AUGUST 7,2001 During discussion the Mayor re-iterated her suggestion that staff should also look into a policy for non-profit organizations, and Councillor Desmond suggested that staff's recommendation on a by-law could be all encompassing. Councillor Teed noted that the City already had a by-law to control signs on City property, although it needed some revision, and spoke to the need for control of signage in the heritage area, as well as to control the time period for signs to remain in place. Question being taken, the motion was carried. 7. Economic Change Or Benefits From Sister-City Relationship With Shantou Read a letter from Councillor Teed referring to the City of Saint John's sister-City relationship with Shantou, the People's Republic of China, in that it would appear that Council has not been informed of what economic benefits have been received or what exchanges have been made, if any, and it would seem reasonable that Council should now be appraised of such; expressing the belief that a twinning program of Saint John with various municipalities needs to be expanded for various reasons. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the City Manager be requested to initiate inquiries and present a report to Council as to what has transpired and what economic change or benefits have been manifested by reason of sister-City relationships. Councillor Trites, in seconding the motion, did so on the basis that it referenced sister-City relationships in view of the City also having such a relationship with the City of Bangor, Maine, and Councillor Teed concurred with his suggestion. Question being taken, the motion was carried. 8. Cultural Capital Of N.B. Consideration was given to a letter from Councillor Teed expressing concern about the statement in the tourist publication entitled "CultuRoutes" - a production of the Association acadienne des artistes professionalle.s. du Noveau- Brunswick as New Brunswick's official cultural map, that "Moncton, the Cultural Capital of Atlantic Canada, has something for everyone: festivals, galleries, museums, and craft fairs", and also that the tourist map therein shows Fredericton having three cultural promotions, Saint John having only seven and Moncton having fourteen, and a number of cultural features in Saint John is left off; suggesting that, clearly, action needs to be taken to ensure that the claim of Moncton being the cultural capital is successfully challenged. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the "CultuRoutes" publication be referred to the City Manager, the Saint John Arts Council and the City Tourist and Convention Bureau for their consideration and review with a request that they provide any information and recommendation as to what actions might be taken respecting the lack of information about cultural matters in Saint John and their inclusion in the "CultuRoutes" publication in the future. The Mayor spoke on the basis that people have opinions and could express them, but it did not mean that other people believed them; and Councillor Trites, noting his assumption that the private galleries listed in the publication paid to be included, advised that he would not support the motion as it appeared to be censoring people's opportunities to present their positions. Question being taken, the motion was lost with the Mayor, Deputy Mayor White and Councillors Desmond, Fitzgerald, Titus and Trites voting "nay". 2001-597 COMMON COUNCIL AUGUST 7,2001 4. Hazen White / St. Francis School Playground FundraisinQ Committee - FundinQ For PlaVQround Consideration was given to a letter from the Hazen White / St. Francis School Playground Fundraising Committee outlining its proposal for a playground project at an estimated cost of $36,793.56, and submitting information on its fund-raising efforts to date, the type of playground equipment proposed, and a certification of support for the project from Christopher A. Toole, Director of Finance and Administrative Services of School District 8, including confirmation that the playground at the Hazen White / St. Francis School at 538 Sandy Point Road would be open for the recreational use and enjoyment of the general public. Kim Muise of Sandy Point Road, in addressing Council on behalf of the Hazen White / St. Francis School Playground Fundraising Committee, advised of the Committee's efforts over the last three years in raising funds to get a playground situated at the School, in an attempt to stop playground violence, the Committee having raised $2,896.78 for, along with the Province's contribution of $15,000 and a spectrum donation of $500, a total of $18,396.78; and requested Land for Public Purposes funding in the amount of 50 per cent of the cost, or $18,396.78. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the presentation on behalf of the Hazen White / St. Francis School Playground Fundraising Committee on funding for a playground project be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 9. Bv-Iaw of 1908 Re KinQ's Square Read a letter from Councillor Teed submitting a copy of a by-law entitled, "A Law In Relation To The King Square, In The City Of Saint John", enacted in1908 and still in force, which was one of the by-laws read during the Loyalist City Heritage Festival by a person acting as a town crier, also submitting a form of the proclamation used for the readings, and a photocopy of a town crier in action; and noting that the submitted By- law provides, in effect, that any person, other than a civic employee on duty, who walks or is on any portion of King's Square except the walks laid out is liable to a fine or penalty. The letter refers to the provision in the City Charter for the public square, being King's Square and Queen's Square, to be open, unenclosed, unappropriated to any use or uses whatsoever, either private or public, which would indicate that there can be a reasonable recreational use of the Square by persons who need not be confined to a walk, and expresses the view that the By-law relating to King's Square is excessive and needs review, with some form of public input sought into what actions should be prohibited, as there are a number of flower beds and historical monuments in King's Square which are not fully accessible unless a person in effect trespasses upon the grass, and a growing number of parents visit the Square with children who play on the lawn grass. Councillor Teed proposed a motion, which was not seconded, that the above matter be referred to the City Manager and the City Solicitor to review the existing By-law of 1908 respecting King's Square and, after allowing interested citizens to make suggestions, to recommend what modifications might be made based on today's conditions. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the By-law of 1908 respecting King's Square be removed from the books. The Mayor expressed the understanding that the City had never charged anybody for walking on the grass at King's Square, and Councillor Trites expressed the view that Council was just plain wasting time. Councillor Fitzpatrick suggested that, rather than dealing with one by-law at a time, a review should be made of all the by- laws, as has been done in the past, to determine those outdated, and Councillor Titus concurred that Council should deal with such by-laws as a package. 2001-598 COMMON COUNCIL AUGUST 7,2001 Question being taken, the motion was lost, a tie vote having been created with Deputy Mayor White and Councillors Fitzgerald, Fitzpatrick, Titus and Trites voting "nay". (Councillor Fitzpatrick withdrew from the meeting.) 10. Filing Of Intervention Re Coleson Cove GeneratinQ Station UpQrade Read a letter from Councillor Teed referring to the public notice of a hearing respecting a proposal by the N.B. Power Corporation to upgrade the Coleson Cove Power Generating Station, with interventions to be filed by August 29, 2001. Councillor Teed proposed a motion, which was not seconded, that the City Manager be requested to have the available information reviewed and, if deemed reasonable, take steps to have the City establish status as an intervenor, The Mayor noted the Environment Committee's presentation to Council on June 11, 2001 in the above regard and Council's request to the Committee to report to Council, through the City Manager, on whether or not the City should intervene, and suggested that this matter should be left with the Committee to do so; and Mr. Totten advised that the Environment Committee anticipated bringing forth a position to Council at the next meeting. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letter be referred to the Environment Committee. Question being taken, the motion was carried. 11. Highway Needs Re Natural Gas Terminal Project At Canaport Consideration was given to a letter from Councillor Teed referring to the recent announcement pertaining to a liquefying natural gas terminal project at Canaport and concerns about Mispec Road and possible difficulties in traffic due to the type and number of vehicles using it during construction, as well as the creation of additional road traffic by employees going to the terminal in the future. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the City Manager be requested to initiate an early study of the highway needs, including changes in the type of use and feasibility of cost sharing for what needs to be undertaken, and to report to Council as to recommendations of change. The Mayor advised that the above issue would be discussed at a meeting with the Minister next week at which she, the City Manager and representatives of the Saint John Board of Trade and Saint John Industrial Parks Ltd. would be in attendance, and also that there would be opportunities for Council members to meet with Irving officials, when the time was appropriate, to see how the operation was going to work. Councillor Trites advised that, as he assumed that the gas would be moved by pipeline rather than by truck and as the amount of traffic to be generated by on-site jobs was not known, he could not support the motion on the basis that Council should get such information first. Councillor Titus advised that he would not support the undertaking of a full study at this time, as it was a bit premature, although he was sure that the City Manager would address any potential problems and come back to Council. (Councillor Fitzpatrick re-entered the meeting during the above discussion.) 2001-599 COMMON COUNCIL AUGUST 7,2001 On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letter be referred to the City Manager for his consideration. Question being taken, the referral motion was carried. 12. City Emissarv - Canada Games Read a letter from Councillor Teed expressing the understanding that the City, through the Mayor's Office, is arranging for a suitable banner to be carried by the Saint John participants in the Canada Games being held in London, Ontario, from August 12 to August 24; and proposing that Council approve the appointment of one of the persons attending the Canada Games from Saint John as the City's emissary to bring greetings from Saint John as Canada's first City to the Mayor of London and that Mayor McAlary be requested to make such appointment on behalf of Council. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Council authorize Councillor Fitzgerald to represent the City of Saint John at the Canada Games as the City's emissary and to bring greetings from Saint John, as Canada's first City, to the Mayor of London, Ontario. Councillor Teed clarified that, since the time of his letter, he learned that, apparently, there would be only one banner carried for New Brunswick, rather than Saint John participants carrying one of their own. Question being taken, the motion was carried. 5. Saint John Horticultural Association City's Greenhouse At Public Gardens Wallace MacMurray, President; Ian Stead, Vice President, and Jeff Spear, Superintendent, of the Saint John Horticultural Association, were present at the meeting to present a plan to refurbish and upgrade the City's greenhouses at the Public Gardens. Mr. MacMurray, noted the drawing of the proposed new maintenance building at the Saint John Public Gardens (copies of which were distributed to Council members at this time), and advised the plans to refurbish the office and maintenance building and take down and replace the two greenhouses, which were built in 1948. Mr. MacMurray also advised that, with regard to the $125,000 cost of the building project, the Association had already raised $75,000 and was looking for $50,000; and suggested that the City could look at the project in one, two or three phases, perhaps refurbishing the building this fall and possibly addressing the problem with the greenhouses at the same time; and requested Council's favourable consideration of the Association's request as to how to access the additional $50,000 to complete the job. Mr. Spear offered to respond to questions on the type of structure proposed, and confirmed that the cost to redo the office and maintenance building would be approximately $125,000, not including the two greenhouses which would be another phase. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the presentation on behalf of the Saint John Horticultural Association of a plan to refurbish and upgrade the office and maintenance building and the greenhouses at the Public Gardens, be referred to the City Manager for a report. As for the phasing of the project, Mr. MacMurray suggested that the building could be done as one phase, with the greenhouses to be done as phases two and three; and, on the approximate cost of the greenhouses, Mr. Spear advised that the cost would be somewhere between $40,000 to $55,000 per greenhouse. The possibility of using Land for Public Purposes funding for the project was questioned, and Mr. Totten 2001-600 COMMON COUNCIL AUGUST 7,2001 advised of the Association's meeting with him on the plans and cost of the project, although he was not prepared to deal with it until the Association made the request of Council, thus the presentation at this meeting. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that agenda item 30 be brought forward for consideration at this time. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting, as he was not present for the July 9,2001 public hearing for the proposed re-zoning of the property located at 27-29 Park Avenue.) 30. Zoning By-law Amendment To Re-Zone 27-29 Park Avenue On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-573 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 27-29 Park Avenue (NBGIC Number 343889), having an area of approximately 1,700 square feet, from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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. 100-573 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 Titus re-entered the meeting.) 13. Response to Council Inquiries To Fundv ReQion Solid Waste Commission With regard to the above agenda item, the Mayor suggested that Councillor Chase might want to give consideration to waiting for Councillor Court who had raised some of the questions. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the letter from Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, submitting a report from the General Manager of the Commission in response to the questions raised by Councillor Court in his letter considered at Council's July 23, 2001 meeting, be laid on the table until the next meeting of Council. Question being taken, the tabling motion was carried. * Added Item The Mayor called for a motion to add to the agenda a Committee of the Whole recommendation of this date on sidewalk vendors. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that a Committee of the Whole recommendation of this date on sidewalk vendors be added to the agenda of this meeting for consideration as item 13A. 2001-601 COMMON COUNCIL AUGUST 7,2001 Question being taken, the motion was carried. *13A. Sidewalk Vendors On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that Brian Perrault be permitted to operate a vending cart on Prince William Street next to King Street and that a refund of $500 of the $1,600 paid by Mr. Perrault for the Canterbury Street site be refunded. The Mayor noted that the above resolution would prevent Mr. Perrault from operating on Canterbury Street and, as to whether businesses in the area were in favour of the new location, indicated in the affirmative based on her discussion with businesses on Prince William Street and the spokesperson for them. Question being taken, the motion was carried. 14. Tender For Contract 2001-16 Read a report from the City Manager advising the response to the tender for Contract 2001-16, Churchill Boulevard sanitary sewer project, for which the engineer's estimate was $2,656,775, a total amount of $2,450,000 ($1,633,000 Provincial/Federal share and $817,000 City share) was provided in the budget, and the low tender was $2,849,970; also advising that the projected completion cost of the project is estimated to be $2,776,380.93, including the City's eligible HST rebate, leaving a budget shortfall of $326,380.93, and, as the Province of New Brunswick's response to staff's request for cost sharing of the projected completion cost was that no adjustment to the Infrastructure Program could be made at this time, staff proposes that the overall 2001 Water and Sewerage Utility Fund Capital Program be increased to cover the shortfall. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, (1) Contract 2001-16, Churchill Boulevard sanitary sewer project, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $2,849,970, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents; (2) the overall 2001 Water and Sewerage Utility Fund Capital Program be permitted to increase to cover the budget shortfall identified in the submitted report from the City Manager in this regard; and (3) the Mayor and Common Clerk be authorized to execute the necessary agreement between the Province of New Brunswick and the City of Saint John under the Canada/New Brunswick Infrastructure Program. The Mayor agreed to pursue with the Province the cost sharing of the projected completion cost of the project. Question being taken, the motion was carried. 15. Tender For Contract 2001-20 Consideration was given to a report from the City Manager advising the response to the tender for Contract 2001-20, Rothesay Avenue water and sewer renewal, for which the engineer's estimate was $796,900 and the low tender was $767,745.95; and also advising that a total amount of $605,000 was provided in the three capital work budgets concerned, and the projected completion cost was estimated to be $735,525.51, including the City's estimated eligible HST rebate, leaving a budget shortfall of $131,000, and staff proposes that the overall 2001 Water and Sewerage Utility Fund Capital Program be increased to allow these projects to proceed. 2001-602 COMMON COUNCIL AUGUST 7,2001 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, (1) Contract 2001-20, Rothesay Avenue water and sewer renewal, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $767,745.95, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents; and (2) the overall 2001 Water and Sewerage Utility Fund Capital Program be permitted to increase to cover the budget shortfall identified in the City Manager's submitted report in this regard. Question being taken, the motion was carried. 16. Tender For Contract 2001-23 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Contract 2001-23, Phase X Closure - Spruce Lake landfill, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $191,855, 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. 17. Handling Of Crane Mountain Leachate At Lancaster Wastewater Treatment Plant On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, in response to the question raised at the July 23, 2001 Council meeting as to how much longer the Lancaster lagoon could continue to receive leachate from the Crane Mountain landfill, there is no point in time that can currently be predicted when the Lancaster wastewater treatment plant will reach capacity for this level of pre- treated leachate; and noting that, as indicated in the submitted letter from the Fundy Region Solid Waste Commission to the Manager of Water and Wastewater Services, the Commission has approached staff with a suggestion for amendments to the1997 agreement between the City and the Commission permitting leachate collected from the Crane Mountain landfill facility to be discharged for treatment at the Lancaster facility, be received and filed. Councillor Chase asked that, after dealing with the above motion, Council give the authority to staff to develop a new by-law to reflect the leachate management plan of the Crane Mountain landfill, and Mr. Totten advised that he would expect that, upon receipt of the new leachate management plan, staff would compare that to the requirements to ensure that the City works in conjunction with that plan and, as to a motion to formulate a new by-law, he was not sure at this point in time what would be needed. Question being taken, the motion was carried. 18. Natural Gas Construction And Restoration Of Disturbed City Infrastructure On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising of complaints from citizens about the slow pace of restoration of City streets and sidewalks by Enbridge Gas New Brunswick Inc., with which the City has an agreement to permit the construction of a natural gas distribution network in the City's street rights-of-way, and that Enbridge has assured staff that the installation of gas mains and all the restoration work will be completed this year well before winter, which is 2001-603 COMMON COUNCIL AUGUST 7,2001 anticipated to be by the end of October and, in order to expedite the work, Enbridge has hired a different contractor to lay the gas pipe and complete the restoration, and also that Enbridge has advised staff that restoration of the 2000 work will be complete by the end of September, be received and filed: AND FURTHER that it be a policy of the City that, in all contracts involving reinstatement of streets, a time limit be specified with penalty provisions in default. The Mayor suggested that, as a deadline should be given to Enbridge Gas on putting repairs in place, the matter should be referred back to staff to see if a time limit could be put in place, whereupon Councillor Ball proposed a motion to that effect; and during discussion Councillor Teed proposed that, in all contracts involving reinstatement of streets, a time limit be specified with penalty provisions in default and moved that as a policy of the City, and Councillor Titus indicated that he would second such a motion. The Mayor noted the motion on the floor to receive and file the above report, and the mover and seconder of the motion agreed to add the motion, as proposed by Councillor Teed, to the motion on the floor. Question being taken, the motion was carried. 19. Establishment ChanQe - Fire Department Read a report from the City Manager proposing a change to the Establishment, the employer having been provided with the opportunity, with the retirement of a District Chief in the Fire Department, to create a Divisional Chief position to direct the activities in the Training and Fire Prevention and Investigation Division, the City and Local 771 having agreed during the last round of collective bargaining to exclude the rank of Divisional Chief from the Local 771 bargaining unit, with those holding the rank to remain in the Union and any future appointments to be excluded. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the number of District Chief positions in the Establishment be reduced from eight to seven and a position of Divisional Chief (salary grouping to be determined through evaluation process) be added to the Establishment. Question being taken, the motion was carried. 20. Amendment To Policy On Land For Public Purposes Trust Fund Consideration was given to a report from the City Manager submitting a copy of the Policies For the Acceptance Of Land For Public Purposes And Use Of LPP Funds, adopted by Common Council on November 6, 1995 under the authority of the Community Planning Act, and setting out in the submitted Appendix A details of financial transactions of the Fund from December 31, 1997 to present, Council having approved disbursements in accordance with the Policy of $645,723 in that time, leaving an uncommitted balance in the Fund of $229,944.95. The report advises that, while the majority of expenditures from the Land for Public Purposes Fund have been for playgrounds, there is no criteria established to guide staff in evaluating a project prior to making a recommendation to Council, thus the proposed guidelines for evaluation of requests for contributions from the LPP Trust Fund, if approved by Council, would be used by staff in evaluating future requests for use of LPP funds. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) adopt the proposed Project Evaluation Guidelines contained in the above report; (2) the Policies For The Acceptance Of Land For Public Purposes And Use Of LPP Funds previously adopted by Council on November 6, 1995 be amended by adding the Project Evaluation Guidelines as Policy 7(d); (3) this amendment be implemented immediately, with the first deadline for applications being 2001-604 COMMON COUNCIL AUGUST 7,2001 October 31, 2001, and further that (4) outstanding applications for funding from the LPP Trust Fund that have been received prior to this date be considered based on the policy in place when the application was made to Common Council. The Mayor asked what was meant by the reference to City (Regional) population in the proposed guideline to assess playground funding on whether the playground would serve local, community or City (regional) population, to which Mr. Totten replied that the Recreation and Open Space Strategy approved by Council in 1993 included a detailed analysis of the types of playgrounds one would expect to see, such as a neighbourhood playground or, for example, Rockwood Park which would service the regional population. Councillor Trites advised that he would like more time to review the above report and talk to staff on a couple of issues. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table for two weeks to provide an opportunity for review and discussion with staff. Question being taken, the tabling motion was carried. 21. ReversinQ Falls Park Read a report from the City Manager advising that the City, in negotiating the 1994 lease with 056975 N.B. Ltd. for the Reversing Falls Restaurant, did not own the subject land or pay property taxes; however, in acquiring title to Reversing Falls Park in 1999, the City assumed the property tax liability for the parcel, and staff, having recently concluded negotiations for the extension of the building lease and the lease of land for deck and boat dock purposes, has negotiated the payment of property taxes by the lessee; also advising that there are two proposed terms in the lease that require definition of the "building site", one being the payment of property taxes, the other the registration of the lease due to the term of the agreement being over ten years, and Legal has advised that the matter of the subdivision of the Reversing Falls Park should be addressed first to facilitate the proper legal descriptions for lease purposes. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the City of Saint John subdivide PID 36616 (Reversing Falls Park), as generally shown on the submitted plan, and the Common Clerk be authorized to sign the plan; and further that Theo Faltsetas, owner of 056975 N.B. Ltd., be advised that the subdivision of Reversing Falls Park does not explicitly or implicitly obligate Common Council to approve any future lease extensions, lease proposals, or land use licences. Councillor Teed asked why the City should go through the cumbersome business of registering the lease at a cost of about a thousand dollars when it was of no benefit to the City, while Mr. Faltsetas could get a lease that is perfectly good as between the City and himself. Mr. Nugent expressed the understanding that the intention was to establish a lease that would be more than ten years in term and the Community Planning Act requires that, if a lease were to be established for that period of time for a parcel of land, a subdivision plan was required; and Mr. Totten added that the intent was to subdivide the property next to Reversing Falls Park so there would be three different land masses, one including the building and the balance of the land in two sections, with the intent being to come back to Council with a proposal that has been negotiated in which the operator of the Restaurant would now be paying property taxes, and also that there was a need to distinguish the property taxes on that site versus the taxes on Parcels Band C. Councillor Teed expressed the opinion that Mr. Faltsetas could pay the property taxes under the lease as that was standard. Question being taken, the motion was carried with Councillor Teed voting "nay". Councillor Teed asked that, in accordance with Procedural By-law, his reasons for his dissenting vote in the above regard be noted in the minutes of this meeting. 2001-605 COMMON COUNCIL AUGUST 7,2001 22. Amendment To Council Resolution Re Sale Of Land Prince Edward Square Mall and Apartment Complex Consideration was given to a report from the City Manager referring to Common Council resolution of April 17, 2001 authorizing the sale of land under the Prince Edward Square Mall and Apartment Complex to the lessee (Tidan Inc.), with the sale to close on or before August 31, 2001; and advising that the required financing is not in place and Tidan Inc. has requested an extension of the closing date to facilitate the time needed to deal with another financial institution, and also that, while reviewing the previous Council report on this matter, a typing error was discovered with respect to the NBGIC Number, thus it is proposed to amend the closing date and correct the NBGIC Number. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John amend its resolution of April 17, 2001 pertaining to the sale of land to Tidan Inc., by deleting "18773" and inserting in its place "18275", and by deleting "August 31, 2001" and inserting in its place "December 31, 2001 ", and all other aspects of the resolution remain the same. Question being taken, the motion was carried. 23. Vesting & Subsequent Sale Of Fire Lane Between Rothesav Avenue & WellinQton Street Read a report from the City Manager advising that, further to Council's stopping up and closing of an undeveloped portion of Wellington Street on July 23, 2001, the subject land was to be sold to Haldor (1972) Ltd. to facilitate the relocation of its trailer sale office from its current location near Melbourne Street to 442 Rothesay Avenue and, as it has come to Haldor's attention that it also must acquire a portion of the fire lane situated between 442 and 450 Rothesay Avenue and Wellington Street, staff has reviewed the matter and negotiated with the affected land owners; and setting out a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Council authorize the publishing of a notice of its intention to move a resolution to vest in the City of Saint John the fee simple interest in the "fire lane" situated between Rothesay Avenue and Wellington Street, as generally shown on the submitted plan, subject to any easements to the same expressly granted or otherwise acquired by adjoining owners and, in the event the "fire lane" vests in the City of Saint John, the City of Saint John sell, subject to any easements required for municipal services, a 325.6 m2 :t portion of the former "fire lane" to Haldor (1972) Ltd. for $25/m2 + HST (to include survey and advertising costs), and a 35.4 m2 :t portion of the former "fire lane" to Edna Melanson for $25/m2 + HST (to include survey and advertising costs), and the Mayor and Common Clerk be authorized to sign the transfer and related documents. (Councillor Fitzpatrick withdrew from the meeting.) Councillor Desmond suggested that the above matter should be laid on the table until the Building Inspector can advise Council that the developer has properly filed the drainage plan for the rest of the property being purchased. Question being taken, the motion was carried with Councillor Desmond voting "nay". 2001-606 COMMON COUNCIL AUGUST 7,2001 24. Availability Of N.B. Online Tourism Property Reservation ProQram ThrouQh Saint John Webster On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of visitors' accessibility to Saint John region properties registered on the New Brunswick Online Tourism Property Reservation Program to make reservations through the Saint John website, under the "Visitor: Accommodations" section at www.cityofsaintjohn.com. with Visitor and Convention Bureau staff now officially able to assist visitors with booking a reservation online as they visit the City's site or as they visit one of the visitor information centres, and that immediate future plans include incorporating daily use of the accommodations section (especially with respect to present availability) into the counselling role of the City's visitor information centre staff and the necessity for computers and internet access, which are not presently available in all four centres, in order for staff to take full advantage of this emerging technology, be received and filed. Question being taken, the motion was carried. 25. Distribution Of City's Tourism Literature On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the report from the City Manager advising of the distribution of Saint John tourism literature, further to Councillor Teed's letter considered at the July 23, 2001 Council meeting, and also of steps being taken to improve promotion of New Brunswick, in general, as well as Saint John, on the Digby Ferry, and also that a letter has been sent to the Director of the New Brunswick Tourism Department expressing concern that there is no New Brunswick tourism counselor on board the Princess of Acadia Ferry itself and encouraging the Department to investigate similar promotional possibilities immediately, be received and filed. Question being taken, the motion was carried. 26. Assent To Subdivision For Municipal Services Easement - 380 KinQ William Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced tentative subdivision plan of 380 King William Road that would vest a 200-square metre (2,153- square foot) municipal services easement. Question being taken, the motion was carried. 27. Section 101 AQreement - Connector Road Read a report from the City Manager further to Common Council resolutions of April 9, 2001 and July 23, 2001 concerning an agreement with First Professional and the Exhibition Association with respect to a connector road between Consumers Drive (near Kents) and McAllister Drive (near McDonalds), seeking Council's approval for an agreement with respect to the connector road, the following terms of which have been agreed to by the Association and First Professional through its local company, First Westmorland Shopping Centres Limited: (1) the Exhibition Association shall prepare a subdivision plan vesting in the City as a future street the 7640 square metres required for the road and submit such plan to the City for approval, (2) First Westmorland shall pay the costs associated with the preparation for the subdivision plan in (1) above, (3) First Westmorland shall act reasonably within the 30 days of the approval of the Plan in (1) and proceed to construct the connector road; (4) the connector road with traffic signals at McAllister Drive shall be constructed in accordance with plans prepared by the developer and approved by the Chief City Engineer or his designate, (5) the connector road shall be completed by November 15, 2001, (6) the City 2001-607 COMMON COUNCIL AUGUST 7,2001 shall contribute an amount not to exceed $175,000 to First Westmorland within 30 days of the submission of the contractor receipts for the completed road, to the satisfaction of the Chief City Engineer, (7) the Exhibition Association will pay First Westmorland a total of $175,000 in three installments, commencing on the date the road is completed and upon its subsequent anniversary dates until fully repaid, (8) the provision of driveways in addition to those provided on the approved plans are not to be the expense of First Westmorland, and (9) the letter of credit previously submitted to the City pursuant to an earlier Section 101 agreement shall remain in effect until the construction of the connector road is complete. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the execution of an agreement pursuant to Section 101 of the Community Planning Act between the Exhibition Association, First Westmorland Shopping Centres Limited and the City, containing the enumerated conditions set out in the above report from the City Manager, as well as those suggested by the City Solicitor at this meeting, and the Mayor and Common Clerk be authorized to execute said agreement. (Councillor Fitzpatrick re-entered the meeting.) Mr. Nugent addressed the following three issues on the basis that they were critical in terms of establishing an arrangement of this sort that would be reasonably satisfactory in protecting the City's interest, suggesting that: (1) dealing with the matter of insurance protecting the City in the event that any claim is made against the City arising from work which might occur on this future street which will be vested in the City, there should be a requirement that insurance be provided naming the City as an insured in the amount of $2 million in a general commercial liability policy with cross liability provisions, including auto insurance and completed operations liability, and that the City be provided with a certificate of insurance evidencing that coverage prior to any construction taking place; (2) with respect to term (4) of the proposed agreement, there should be a requirement that work shall be in accordance with plans for which approval must first be obtained from the Chief City Engineer before any work is undertaken; and (3) with respect to payment which is dealt with in condition (6), the City should not make any payment until it is satisfied it has received written proof, satisfactory to the City Manager, that all payments to contractors, subcontractors, consultants, engineers or anybody else who provided services or materials or labour with respect to this project, have been paid and confirmation in writing by way of certificate from the County Registrar that there are no outstanding mechanics liens in connection with this work. The mover and seconder of the motion agreed to include in the motion that the City Solicitor's suggestions with respect to conditions be contained in the Section 101 agreement. Question being taken, the motion was carried. 28. Proposed Solid Waste Bv-Iaw Consideration was given to a report from the City Solicitor advising that, in response to a question which arose at the July 9, 2001 Council meeting during discussion on the proposed Solid Waste By-law as to whether it was proper to provide different treatment for the owners of townhouse units on the one hand and condominium unit owners on the other, the City of Saint John, arising from its status as a common law corporation as well as from the authority conferred by the Municipalities Act, has the power and authority to provide a very wide range of services to its citizens and, while not obliged to provide any service with the exception of policing services, it is thus a matter for Council's decision whether to do so and, as well, if a decision is made by Council to provide a service, its nature and extent must be determined by Council and policy decisions dealing with subjects which fall within Council's jurisdictional reach are within the Council's prerogative and are protected from judicial review except in limited circumstances; for example, where there is bad faith, uncertainty or discrimination. The City Solicitor, in his report, also advises that clearly the Municipalities Act anticipates that Council could enact a by-law with respect to solid waste collection; and expresses the opinion that it is a necessary incident of that delegated authority that the Municipality has the authority to determine in its by-law the nature and level of service to be provided, and he has neither been provided with nor knows of any element of bad faith in the solid 2001-608 COMMON COUNCIL AUGUST 7,2001 waste collection scheme set out in the current or in the proposed By-law; and concludes that Common Council may wish to review the subject of collection from condominium unit developments which in some cases are very similar in their configuration to townhouse developments, but Council is entitled to enact a by-law in this regard which in its opinion best serves the interests of the Municipality. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the above report from the City Solicitor be received and filed and further information on condominiums be provided to Council, including the number in the City and costing. Mr. Totten, noting that the above report deals with the issue from a legal perspective while the proposed By-law under agenda item 29 deals with the policy position that staff has recommended with respect to the number of units, requested Council to consider moving ahead with item 29 with staff to undertake to come back to Council in the very near future with a position with respect to condominiums at which time, if it meant an amendment to the Solid Waste By-law, Council could go through that process. Question being taken, the motion was carried. 29. Solid Waste Bv-Iaw Consideration was given to third reading of the proposed Solid Waste By- law, third reading of which was tabled on July 23, 2001. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number M-123 A By-law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a third time and enacted and the Corporate Common Seal be affixed thereto. There was discussion on the requirement, under Section 5(4), for all materials placed for curbside collection to be placed in front of the residential property from which they accumulated, on the basis it could save time and money if people in adjoining residences utilized a common deposit area, as well as a concern about residences which could not be accessed by a collection vehicle, and Mr. Groody advised that, in such situations, an approved collection site would be established, as is done for townhouse developments, and that one of the reasons for not having people pile their garbage on another person's property was the whole issue the City had with commercial properties where the City was spending tens of thousands of dollars a year collecting commercial garbage and people from outside the City were leaving their garbage at City locations. The by-law entitled, "By-law Number M-123 A By-law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", was read in its entirety. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting, as he was not present for the July 23, 2001 public hearings for the proposed re-zoning of property located at 2810 Golden Grove Road and 248 Douglas Avenue.) 31. Zoning By-law Amendment To Re-Zone 2810 Golden Grove Road On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-574 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the parcel of land, located at 2810 Golden 2001-609 COMMON COUNCIL AUGUST 7,2001 Grove Road (a portion of NBGIC Number 351239), having an area of approximately 5.5 acres, from "PQ" Pits and Quarries to 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. 100-574 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. 32. Planning Advisory Committee Proposed Re-ZoninQ 248 DouQlas Avenue Read a report from the Planning Advisory Committee regarding the application of Scott Darling for the re-zoning of property at 248 Douglas Avenue, which was tabled at the public hearing on July 23, 2001 with no readings given as the Committee was still in the process of reviewing a detailed proposal for the development of the property; advising that the applicant submitted a proposal on July 16, 2001 which was circulated to area property owners; submitting a copy of Planning staff's report dated July 27, 2001 as well as staff's previously submitted report of June 29, 2001, and letters in opposition, which the Committee considered at its July 31, 2001 meeting at which Bob Darling, representing the applicant, spoke in favour of the application, and Dorothy Dawson spoke in opposition to the proposal, indicating that it was not in keeping with the residential area; and recommending that the application be denied. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, the application of Scott Darling for the re-zoning of property located at 248 Douglas Avenue be denied. Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 33. Planning Advisory Committee Bon Accord Subdivision (Phase 7) On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative subdivision plan of the Bon Accord Subdivision - Phase 7, and to any required municipal services or public utility easements; and (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the motion was carried. 34. Planning Advisory Committee Subdivision - 151 Stewart Street On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans in general accordance with the submitted revised West Side Estates tentative subdivision plan, and to any required 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) not assent to the proposed Land for Public Purposes 2001-610 COMMON COUNCIL AUGUST 7,2001 dedication requested by the developer as shown on the submitted revised tentative subdivision plan but instead accept the required land dedication in the vicinity of Lot 30 on the revised tentative subdivision plan. Mr. Baird responded to concerns raised in the letter from Dean Price (copies of which were distributed to Council members earlier this date), as well as the letter from Wayne and Dianne MacEachern, under agenda item 38, with respect to issues of land for public purposes, the access means for maintenance purposes on the pipeline referred to as "the pipeline road", the wildlife sanctuary, and the upgrading of Stewart Street. Question being taken, the motion was carried. 38. Wayne MacEachern - West Side Estates Subdivision On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Wayne MacEachern advising his opposition to the West Side Estates Subdivision if the items noted are not resolved; and the letter from Dean Price listing public amenities, one or more of which he feels should be included in the proposed West Side Estates Subdivision at 151 Stewart Street, be received and filed. Question being taken, the motion was carried. 35. Saint John Art Advisory Board ForthcominQ ChanQes In Membership On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Wm. R. Fitzpatrick, Chair of the Saint John Art Advisory Board, advising that he will be resigning as both Chair and a member of the Board, although he is prepared to delay his resignation as Chair of the deep sea Visual Arts Fest until all matters related to the 2001 festival are dealt with and concluded which would be a few months; and also that Council will be advised in due course the actual date of his resignation and changes to the Board membership, be received and filed and a copy be forwarded to the Nominating Committee. Question being taken, the motion was carried. 36. K.N. Buschlepp (a) SkateboardinQ; (b) Tree CuttinQ On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letters from K.N. Buschlepp (a) advising of an incident along the front walkway of King's Square, on June 5, 2001, involving her being struck by a skateboard when a youth lost control of it; and expressing the view that the walkways of King's Square are simply too narrow for that activity; and (b) expressing concern about trees being cut down in King's Square, and requesting that a tree be planted at the location of one of them which stood in the direction of King's Square North, be received and filed. The Mayor advised that a motion to receive and file would be in order, having spoken to Ms. Buschlepp who indicated to her that she forwarded the letters to Council for information purposes. Question being taken, the motion was carried. 2001-611 COMMON COUNCIL AUGUST 7,2001 37. Discovery Day Committee - New Brunswick Historical Society - June 24. 2001 Ceremonies And Spin-offs On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Bertha Wood- Holt, Chair of the Discovery Day Committee, New Brunswick Historical Society, submitting a documented report on the ceremony for the proclaimed first annual Discovery Day - June 24, 2001, as a tribute to John Cabot, all marine navigators and those who perished on the deep; thanking Council for its support, and suggesting that Discovery Day could be developed into something broader in the future as a waterfront event, be received and filed. Question being taken, the motion was carried. Adjournment The Mayor noted the next regular meeting scheduled for August 20, 2001, commencing at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk