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2001-09-17_Minutes 88-660 COMMON COUNCIL SEPTEMBER 17, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of September, A.D. 2001, at 7:25 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Fitzgerald, Fitzpatrick, Titus and Trites - and - Messrs. 1. 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; E. Giffin, Senior Project Engineer; B. Keenan, Engineering Manager, Water and Wastewater; D. Harvey, Superintendent, Wastewater Treatment; J. Clack, Superintendent, Metering and Protection Systems; D. Price, Project Engineer, Water and Wastewater; B. McGovern, Design Engineer; P. Morgan, Personnel Officer; B. Reynolds, Works Division; J. Barry, Carpenter Shop; M. Montgomery, Water and Sewerage Division; G. Tait, Fire Chief; Police Sergeant D. Cooper; Ms. H. Young, Design Engineer; 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 a one-minute silence was observed for the families and friends of the victims of the terrorist attacks in the United States last week, as well as the police, fire and other aid workers involved, following which the Mayor offered the opening prayer. The Mayor advised that a letter of condolence was forwarded to the Mayor of New York City, and noted the book on the 8th floor of City Hall in which people could express their condolences and the number of church services and prayers held in the City. The Mayor recognized the presence at the meeting of The Honourable Margaret-Ann Blaney, Minister of Transportation for the Province of New Brunswick, who announced the Province's commitment to fund fifty percent of a study to update the City's 1999 Transportation Study to look at ways, means and options to alleviate some of the truck traffic flow, in particular, in and around the City, given the number of industrial parks, growth taking place, waterfront development and increased activity at the Port, and presented the Mayor with a letter of commitment to this effect which the Mayor accepted with appreciation. The Mayor recognized Saint John Fire Fighters Association, Local 771, IAFF, President C. Hickey who advised that, on Saturday, September 15, 2001, the Local would be setting up boot tolls on City streets for a one-day fund-raiser for fire fighters' families in New York City, as well as the intent, if requested, to send the Critical Incidence Stress Debriefing Team to that City. 2. Approval of Minutes On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on September 10, 2001, be approved. Question being taken, the motion was carried. The Mayor apologized for the late starting time for the Council meeting, advising that the Committee of the Whole meeting had taken longer than usual. 88-661 COMMON COUNCIL SEPTEMBER 17, 2001 3. Street ClosinQ Bv-Iaw Amendment - St. Clair Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of St. Clair Avenue, and no written objections were received in this regard. On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of St. Clair Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of St. Clair Avenue, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 4. Street ClosinQ Bv-Iaw Amendment - Acorn Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Acorn Drive, and no written objections were received in this regard. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Acorn Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Acorn Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 88-662 COMMON COUNCIL SEPTEMBER 17, 2001 5. Street ClosinQ Bv-Iaw Amendment - Sandy Point Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a 2485 m2 portion of Sandy Point Road, and no written objections were received in this regard. On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a 2485 m2 portion of Sandy Point Road, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a 2485 m2 portion of Sandy Point Road, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 6. Street ClosinQ Bv-Iaw Amendment - Sandy Point Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a 1534 m2 portion of Sandy Point Road, and no written objections were received in this regard. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a 1534 m2 portion of Sandy Point Road, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a 1534 m2 portion of Sandy Point Road, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 88-663 COMMON COUNCIL SEPTEMBER 17, 2001 7. Street ClosinQ Bv-Iaw Amendment - Atlantic Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment to stop up and close a portion of Atlantic Avenue, and no written objections were received in this regard. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Atlantic Avenue, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing a portion of Atlantic Avenue, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 8. Independence Plus Incorporated - Handi-Bus Service Consideration was given to a brief from Independence Plus Incorporated submitting information on the Saint John Handi-Bus service, which is accessible transportation provided door-to-door for citizens with disabilities who are unable to use public transit with safety and dignity, including who is eligible for this service, how to register, the amount of the fares, how to request trips, the hours of service, and passenger assistance offered; advising that Handi-Bus is the primary accessible transportation system within the City, with the only other operation being through the Royal Canadian Legion van, Branch 69 which is at maximum capacity, and the private taxi sector is not replacing its accessible service; and expressing the view that, as the City of Saint John does not have an adequate system to meet the needs of persons with mobility issues, visual impairments, children with special needs and seniors, all of whom cannot utilize the regular public transit system, there needs to be recognition by the decision-makers of the City of Saint John that all citizens have a right to public transportation, and the present accessible service needs to be improved to meet the needs of the disabled by (1) replacing the aging vehicles, (2) increasing the present service, (3) increasing the funding to the Saint John Transit Commission, and (4) a review of similar services within the Province. Brenda Seeley, Executive Director of Independence Plus Incorporated, addressed Council in the above regard, and advised that the delegation accompanying her at this meeting included people who utilize the services of Handi-Bus and the President-elect of Independence Plus Incorporated, Randy Oldfield. The Mayor advised that Council would refer the above presentation to the budget process, and asked if Independence Plus was looking for an additional vehicle or replacement of one of the existing vehicles to which Ms. Murphy replied that the ideal would be to start replacing the vans, starting with the 1994 van. 88-664 COMMON COUNCIL SEPTEMBER 17, 2001 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the presentation on behalf of Independence Plus Incorporated, regarding the Saint John Handi-Bus Service, be referred to the budget process. Question being taken, the motion was carried. 10. McLeod Road UpQrade - Proiect Status On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that, further to Council's resolution of May 7, 2001 that the upgrading of McLeod Road be carried out in 2001, Hughes Surveys & Consultants Ltd. was engaged to perform the topographic and legal survey work and to provide an engineering design for the upgrade, the latter which has been reviewed by staff with Hughes Surveys working on incorporating into the design the changes that were requested; and also advising that, once the subdivision plans have been completed, staff will approach the residents and begin the process of acquiring the parcels of land needed, as shown on the submitted map, and the amount of work that can be completed in 2001 will depend on the timing of the land acquisition process, be received and filed. In response to the Mayor's suggestion that the above information should be given to McLeod Road residents, Mr. Groody advised that staff has had ongoing consultation with the residents, and expects to have a meeting with area residents shortly to discuss land, and also advised the expectation to have all of the work, other than chipsealing, done this fall. (Councillor Fitzgerald withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. (Councillor Fitzgerald re-entered the meeting.) 11. Pedestrian CrossinQ - Somerset Street Read a report from the City Manager advising that, further to Council's consideration on September 4, 2001 of letters of concern about the safety of persons crossing Somerset Street near St. Pius Church, staff has reviewed the situation at this location and applicable national traffic standards for pedestrian crossings as developed by the Transportation Association of Canada and is of the opinion that a higher standard "special" crosswalk is warranted at this location where pedestrians could activate the warning lights whenever they wish to cross, which is an arrangement preferable to a permanent warning light or lighted signage at a location where pedestrian usage is periodic; and also advising that this "special" crosswalk standard or category has not been used previously in Saint John, although there may be other crossings which would warrant this arrangement, and citing an excerpt from the Pedestrian Crossing Manual as the criteria that would be employed in making decisions on whether a "special" pedestrian crossing category is warranted, and staff is recommending the installation of a "special" crossing near St. Pius at a cost in the order of $20,000 for installation. On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, (1) a "special" pedestrian crossing be installed on Somerset Street near St. Pius Church and that funds be identified to do so; (2) a copy of the City Manager's report in this regard be forwarded to the Police Commission for its information and appropriate action; (3) this standard for "special" pedestrian crossings be included as a standard for use in the City and staff prepare a further report on where this standard should be applied with associated funding requirements; and (4) the Pastor at St. Pius Church be advised and asked to encourage parishioners and others using the Church facilities to only cross Somerset Street at the crosswalk. 88-665 COMMON COUNCIL SEPTEMBER 17, 2001 Question being taken, the motion was carried. 12. Reconstruction Of Main Building And Greenhouses At Horticultural Gardens Consideration was given to a report from the City Manager advising, further to the August 7, 2001 presentation on behalf of the Saint John Horticultural Association regarding the reconstruction of the main building and greenhouses at the Horticultural Gardens on Seely Street, a variance is required from the Planning Advisory Committee in order to proceed with the proposed reconstruction as the buildings do not have sufficient setback from the property lines, and an application has been made to obtain this variance; suggesting that, if Council so desires, the monies allocated for the parking lot construction at the eastern end of the Loop Road could be deferred until 2002 and used for the first phase of the reconstruction project - the replacement of the main building estimated to cost $125,000, and the second phase of the project - the reconstruction of the greenhouses at an estimated cost of $100,000, could be included in the list of projects to be considered in the 2002 Capital Budget; also advising that, overall, the two phases based on estimates will cost $225,000 to which the Saint John Horticultural Association proposes to contribute $125,000, with the City of Saint John contributing $100,000; and recommending that (1) Council give permission to the Saint John Horticultural Association to proceed with the reconstruction of the main building and the greenhouses, provided that all necessary approvals and variances are first obtained; (2) Council approve that $50,000 of the monies previously allocated in the 2001 Capital Budget for the construction of a parking lot in Rockwood Park be reallocated to the reconstruction of the main building at the Horticultural Gardens, and that the parking lot construction be deferred until 2002; and (3) staff submissions to Council for the 2002 Capital Budget provide $50,000 for Council's consideration for the reconstruction of the greenhouses at the Horticultural Gardens. A motion was proposed by Deputy Mayor White and seconded by Councillor Ball to adopt the above recommendation, whereupon Mr. Nugent advised that recommendation (1) should be removed from it as, when the Horticultural Association conveyed to the City the land referred to generally as Rockwood Park, it was subject to an agreement between the City and the Association which provided that the land known as the Public Gardens - the land with which this matter deals, while it was conveyed to the City, was able to be used by the Association as though the conveyance had not been made; so, there was no obligation upon the Association to seek the City's permission to improve that site; therefore, the first recommendation is really superfluous and it should be clearly understood for future reference in terms of the City's dealings on an ongoing basis with the Horticultural Association. Councillor Trites proposed an amendment to the motion, which was seconded by Councillor Fitzpatrick, to remove recommendation (1) and further that recommendation (2) be that Council approve that $50,000 of the monies previously allocated in the 2001 Capital Budget for the construction of the parking lot in Rockwood Park be reallocated to the reconstruction of the main building at the Horticultural Gardens, and that the parking lot construction be referred to the budget process for 2002. Councillor Trites added that he was not comfortable committing $50,000 prior to going through the budget process; and the Mayor called for the question on the motion as amended. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that Council approve that $50,000 of the monies previously allocated in the 2001 Capital Budget for the construction of a parking lot in Rockwood Park be reallocated to the reconstruction of the main building at the Horticultural Gardens, and that the parking lot construction be referred to the budget process for 2002, and that staff submissions to Council for the 2002 Capital Budget provide $50,000 for Council's consideration for the reconstruction of the greenhouses at the Horticultural Gardens. Question being taken, the motion was carried. 88-666 COMMON COUNCIL SEPTEMBER 17, 2001 9. DrinkinQ Water In Saint John Read a report from the City Manager referring to the City's 1999 Water Strategy which identified the measures needed to ensure that the City's drinking water would meet present and future Guidelines for Canadian Drinking Water Quality, and A Strategic Oirection for Water & Wastewater in Saint John which outlined a plan to address essential water and wastewater needs by 2011 for water and 2014 for wastewater, requiring a capital investment to both upgrade systems and replace aging, unreliable infrastructure - the estimated capital cost of simply meeting essential needs being over $216 million in year 2000 dollars; advising the urgency of addressing Saint John's water service needs and taking the steps necessary to ensure the City is equipped to handle known threats to the safety of this vital product it provides to the public; also advising that the water system must undergo a major transition - from combined potable-industrial use to completely separate potable and industrial systems with no potential for cross connection, in order to put in place the necessary water treatment recommended in the Water Strategy; and setting out, as it has become increasingly apparent that the move to enhanced drinking water cannot be left to linger, an accelerated plan for the implementation of necessary drinking water treatment in Saint John, which proposes that, after related improvements are made, the water treatment facility be designed and constructed during the period 2004 to 2006. The report includes as Appendix "A" a list of capital projects totalling $2,560,000 to which the City has committed in its journey toward enhancing water quality, with the work remaining, to achieve essential water treatment standards, organized over a proposed 5- year period, as set out in the submitted Appendix "B", with capital cost projections totalling $62,793,000 as follows: 2002 - 9 projects $4,817,000,2003 - 7 projects $6,367,000, 2004 - 6 projects $11,609,000, 2005 - 1 project $20,000,000, and 2006 - 1 project $20,000,000; and lists the projects totalling $59,950,000, identified for high priority applications under the Canada-New Brunswick Infrastructure Program in 2002 to 2006. Mr. Groody, through a computer-aided presentation, outlined the five phases of the multi-barrier approach used to optimize effectiveness and ensure drinking water quality, involving (1) source (watershed) protection, (2) necessary water treatment, (3) operating and maintenance standards, (4) monitoring and continuous water testing, and (5) staff training and development, and reviewed the recommendations in the above report; and during his presentation he assured the safeness of the City's drinking water at this time, and advised that the intent was to equip the City to deal with potential hazards that exist through a plan to produce a better water system. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council (1) consider the proposed "Accelerated Plan" for enhancement of drinking water treatment, as outlined in the above report, in conjunction with upcoming budget deliberations; (2) initiate dialogue with the Province of New Brunswick, specifically the Premier and the Minister of Environment & Local Government, and local area MLAs, towards ensuring that the water system needs of this community are given full consideration at all levels of government; (3) request staff advice on a preliminary financial management plan to support this initiative, to be considered in conjunction with budget deliberations; and (4) consider the following quality applications for submission under the Canada-New Brunswick Infrastructure Program, as high-priority projects: 2002 Construct Lancaster storage reservoirs 2003 Construct Lily Lake storage reservoir 2003 Construct Forest Hills storage reservoir 2004 Design water treatment facility 2005/2006 Construct water treatment facility $ 2,250,000 $ 2,350,000 $ 2,350,000 $10,000,000 $40,000,000 Councillor Chase proposed an amendment to the motion, which was seconded by Councillor Ball, that recommendation (2) include local councils with which to initiate dialogue. Councillor Trites requested staff, sometime in the not-too-distant future, to provide Council with a summary sheet bringing together the whole package of water and wastewater treatment in the City so as to give Council a universal, overall view of what the Strategy has cost the City and how much it will cost residents, and advised that, although he would not support the proposed amendment in that staff had set out four specific recommendations as to the direction the City should take, he would 88-667 COMMON COUNCIL SEPTEMBER 17, 2001 support as recommendation (5) that staff be asked to initiate discussion with neighbouring municipalities to determine their interest in participating, and the movers and seconders of the motion and the amendment agreed accordingly. On motion of Councillor Chase Seconded by Councillor Ball RESOLVED that the above motion be amended by adding the following: "and further that (5) staff be asked to initiate discussion with neighbouring municipalities to determine their interest in participating.". Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 13. Adjustments To 2001 Water And SeweraQe Utilitv Fund Capital ProQram Read a report from the City Manager summarizing the revisions to the 2001 Water and Sewerage Utility Fund Capital Program, with the Utility share of the program increased by $458,000 from the original approved overall program envelope amount of $9,356,000 to $9,814,000; advising that Contract 2001-17 closed with the low tender of $442,015 having been submitted by Galbraith Construction Ltd. and that the projected completion cost is estimated to be $483,046.12, with a total amount of $280,000 having been provided in the approved Program; and setting out the proposed adjustments to the 2001 Water and Sewerage Utility Fund Capital Program to allow the Germain Street West - water and sewer construction project to proceed while maintaining the overall program envelope at the current approved amount of $9,814,000. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2001 Water and Sewerage Utility Fund Capital Program as outlined in the above report. Question being taken, the motion was carried. 14. Tender For Contract 2001-17 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 2001-17, Germain Street West water and sewer construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $442,015, 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. Tender For Contract 2001-25 On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2001-25, Lancaster standpipe siteworks and water and sewer construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $482,155, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 88-668 COMMON COUNCIL SEPTEMBER 17, 2001 16. OrQanizational ChanQes Consideration was given to a report from the City Manager seeking Council's approval of an organization structure more reflective of two of the Municipality's primary responsibilities - community planning and by-law enforcement, the addition of two positions to the Establishment and the deletion of three others, and two new job descriptions, namely, the Commissioner of Planning and Development, and the Commissioner of Buildings and Inspection Services; recommending the appointment of two individuals to the two newly created positions, and providing Council with the financial consequences of the recommendation; and responding to the concerns of Council with respect to the classification of the position of Deputy City Manager. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, A. Common Council adopt the submitted Organizational Chart as that which is reflective of the current reporting relationships and the provisions of the relevant legislation; B. Common Council establish the Department of Planning and Development and the Department of Building and Inspection Services; C. Common Council add to the City's Establishment the following two positions: Commissioner of Planning and Development, Commissioner of Buildings and Inspection Services; D. Common Council approve the submitted job descriptions for each of the two positions and approve the placing of the positions in Group L of the Management Pay Scale; E. effective September 17, 2001, Common Council make the following appointments: Commissioner of Planning And Development - Jim Baird, Commissioner of Buildings and Inspection Services - William Edwards; F. Common Council delete from the City's Establishment the following positions: Commissioner of Environment and Development Services, Manager of Community Planning, Manager of Technical Services; and G. effective September 17, 2001, the position of Deputy City Manager be placed in Group M on the Management Pay Scale. Councillor Fitzpatrick advised that he could not support the motion on the basis of his view that Council was deviating from the job evaluation process which was in place, and the global picture should be looked at to find out where to go with all staff. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". (Councillor Trites withdrew from the meeting as he was not present for the September 4, 2001 public hearing of the proposed re-zoning of 2074 Ocean Westway.) 17. Re-ZoninQ Application - 2074 Ocean Westwav Read a report from the City Manager referring to the re-zoning application of Alan Williams and 052500 N.B. for the re-zoning of property located at 2074 Ocean Westway for which the public hearing was held on September 4, 2001 at which first and second readings were given and Council requested that the applicant, interested residents, and Planning staff meet to further discuss the application and plans for the property; advising of the meeting held on September 12,2001 in this regard, after which it was generally agreed that the re-zoning application could be supported by the residents if two conditions were imposed with regard to the proposed future access and development of remaining lands at the rear, these conditions were acceptable to the applicant and the applicant and the concerned residents were in agreement with the original conditions suggested by the Planning Advisory Committee; and setting out a recommendation in this regard. Mrs. Munford clarified that clause (b) of the conditions recommended should indicate that such improvements would be completed within one year, not six months, from the commencement of the commercial use of the subject areas, as previously recommended by the Planning Advisory Committee. 88-669 COMMON COUNCIL SEPTEMBER 17, 2001 On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council re-zone a portion of land located at 2074 Ocean Westway, having an area of approximately 1.45 hectares (3.58 acres), also identified as being the front portion of NBGIC Number 00287474, from "RF" Rural to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act imposing the following conditions: (a) the following areas illustrated on the submitted photo-reduced tentative subdivision plan be limited to the following uses: (i) Parcel "A" only be used in conjunction with the existing automobile sales and service business at 2086 Ocean Westway, and (ii) the rear portion of proposed Lot 01-01 only be used as an expansion to the proposed garden centre to be established on the front of this new lot; (b) the above-mentioned areas, and the rear portion of the future access, be developed and maintained in accordance with a detailed site plan approved by the Development Officer, which among other things would require the paving of any commercial driveway within the future access, and that such improvements be completed within one year from the commencement of the commercial use of the subject areas; (c) the proposed future access not be developed for the benefit of the remaining 12 hectares (30 acres) of land at the rear of the subject area until such time that a development proposal has been approved by Common Council; and (d) any development approved for the remaining lands mentioned above in clause (c) involve the extension of McPherson Road as another means of access. Question being taken, the motion was carried. 18. Zoning By-law Amendment And Imposing Of Section 39 Conditions - 2074 Ocean Westwav On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number C.P. 100-577 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 2074 Ocean Westway (being the front portion of NBGIC Number 00287474), having an area of approximately 1.45 hectares (3.58 acres), from "RF" Rural to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the following areas illustrated on the submitted photo-reduced tentative subdivision plan be limited to the following uses: (i) Parcel "A" only be used in conjunction with the existing automobile sales and service business at 2086 Ocean Westway, and (ii) the rear portion of proposed Lot 01-01 only be used as an expansion to the proposed garden centre to be established on the front of this new lot; (b) the above-mentioned areas, and the rear portion of the future access, be developed and maintained in accordance with a detailed site plan approved by the Development Officer, which among other things would require the paving of any commercial driveway within the future access, and that such improvements be completed within one year from the commencement of the commercial use of the subject areas; (c) the proposed future access not be developed for the benefit of the remaining 12 hectares (30 acres) of land at the rear of the subject area until such time that a development proposal has been approved by Common Council; and (d) any development approved for the remaining lands mentioned above in clause (c) involve the extension of McPherson Road as another means of access. The by-law entitled, "By-law Number C.P. 100-577 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. 88-670 COMMON COUNCIL SEPTEMBER 17, 2001 20. Kathv ROQers - Re-zoninQ 2074 Ocean Westwav On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Kathy Rogers referring to Alan Williams' application for the re-zoning of the property located at 2074 Ocean Westway which she considers necessary for future progress, and asking Council to look specifically at the land in question, visit the property and speak with Mr. Williams and his neighbours both for and against, carefully weighing all the evidence before making its decision, be received and filed. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. * Added Items The Mayor called for a motion to add to the agenda of this meeting, as items 17A, 17B, 17C and 17D, respectively, three Committee of the Whole recommendations of this date on the proposed connector road - Consumers Drive to McAllister Drive, the ABEC lease and the Meadowland Subdivision, and a Legal Session item of this date on the agreement for the Centennial clock. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that above-mentioned items be added to the agenda of this meeting for consideration as items 17 A, 17B, 17C and 17D, respectively. Question being taken, the motion was carried. *17A. Connector Road - Consumers Drive To McAllister Drive On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that Common Council resolution of August 7, 2001 setting out the terms of an agreement between the City, First Westmorland Shopping Centres Ltd. and the Exhibition Association, be amended to add the term that the building currently being constructed by First Westmorland must not be occupied until the construction of the connector road has proceeded to the point where suitable vehicular access is available to and from McAllister Drive, as determined by the Chief City Engineer. Question being taken, the motion was carried. *17B. Lease With Aitken Bicentennial Exhibition Centre (ABEC) On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, appropriate legal notice be given to Aitken Bicentennial Exhibition Centre Inc. to quit and deliver up vacant possession of its demised premises known as the "Carnegie Building" 20 Hazen Street, Saint John, N.B., not later than 11 :59 p.m. local time December 31, 2001, and the Mayor and Common Clerk be authorized to sign the notice, and further that Aitken Bicentennial Exhibition Centre Inc. be offered a month-to- month lease of the property. The Mayor explained that, as ABEC currently has no lease with the City, the above resolution would provide ABEC an opportunity to enter into a month-to-month lease with the City, if it so wished or, once ABEC's business plan is reviewed, it might wish to sign a lease for a longer term. Councillor Chase advised that his agreement in this regard was strictly on an owner-tenant relationship principle, not to be misunderstood as terminating that facility as an arts centre that provides arts and cultural 88-671 COMMON COUNCIL SEPTEMBER 17, 2001 programming; and Councillor Ball noted that the resolution dealt specifically with the building only, with nothing to do with the existence, non-existence or ongoing existence of ABEC. Question being taken, the motion was carried. *17C. Meadowland Subdivision On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Council approve a capital storm sewer construction project in the amount of $60,000 to install a new section of storm sewer along the front of homes located between 105 and 113 Honeysuckle Drive and connect the proposed new storm sewer to the 1200mm trunk storm sewer installed at the rear of the homes in 2000. Question being taken, the motion was carried. *17D. Gift Of Centennial Clock On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that authority be given for execution of an agreement between Gregory Walsh, the donor, the Greater Saint John Community Foundation and the City with respect to the gift of a Centennial clock. Question being taken, the motion was carried. 19. Denis Morris Community Centre Incorp. Land For Public Purposes FundinQ For Project On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Denis Morris Community Centre Incorp. submitting several invoices and quotations for the development of land adjacent to the Centre into a soccer field and other multiple purposes for the benefit of the youth, adult and seniors; and requesting the City to match its Phase II project for the amount of $42,401.08 from the Land for Public Purposes Trust Fund, be referred to the City Manager for a report to Council. Note was made of the amendment to the Land for Public Purposes Trust Fund Policy, as approved by Council on August 20, 2001, with the addition of Project Evaluation Guidelines and the first deadline for applications being October 31, 2001. Question being taken, the motion was carried. Adjournment The Mayor noted the next regular meeting of Council on October 1, 2001, commencing at 7:00 o'clock, and the meeting adjourned. Common Clerk