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2002-02-04_Minutes 88-841 COMMON COUNCIL FEBRUARY 4, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of February, A.D. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Comptroller; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; P. Hanlon, Manager of Water and Sewerage Services; D. Price, Project Engineer, Municipal Operations; D. Logan, Purchasing Agent; R. Simonds, Deputy 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 Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on January 21,2002, be approved. Question being taken, the motion was carried. 3. Street ClosinQ Bv-Iaw Amendment - Mark 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 Mark Drive, and no written objections were received in this regard. Stephen Cronk of 199 Mark Drive, appearing in opposition to the proposed amendment, advised that he was not so much against the street closing but he did not understand why the area had increased from 700 square metres as originally proposed to an area of almost 1400 square metres, and suggested that a portion of this land should be used as a buffer, with trees and shrubs, on the sharp turn on Mark Drive as it comes down toward Commerce Drive, warning people that there is a turn on that road. On motion of Councillor Fitzpatrick 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 respect to a portion of Mark Drive, be read a first time. Mr. Baird referenced the indication in the City Manager's report to Council to the increased area, the 700 square metre area having been an estimate based on conceptual drawings only; and addressed Mr. Cronk's concern about the street curvature and buffering in that, as part of the re-zoning, a 60-foot wide buffer area was required adjacent to the residential lot, so any development on this parcel would require a landscaped area of a 60-foot width setback from the residential property. Question being taken, the motion was carried. 88-842 COMMON COUNCIL FEBRUARY 4, 2002 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 Deputy Mayor White Seconded by Councillor Desmond 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 respect to a portion of Mark 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. 4. Street ClosinQ Bv-Iaw Amendment - Hvdro Place 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 Hydro Place (so-called), and no written objections were received in this regard. On motion of Councillor Fitzpatrick 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 respect to a portion of Hydro Place (so-called), 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 Desmond 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 respect to a portion of Hydro Place (so-called), 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". On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that agenda item 7 be brought forward for consideration at this time. Question being taken, the motion was carried. 7. Shipbuilding Committee - Terms Of Reference For Advisory Committee Consideration was given to a letter from M. A. Vincent, Chairman of the Canadian Committee on Shipbuilding and Policy, submitting a brief in respect to the terms of reference drafted for the Shipbuilding and Industrial Marine Advisory Committee, including (1) a letter of January 11,2002 forwarded by the Committee to Bruce Bowie of Industry Canada in response to a request for input regarding the creation of an advisory committee, (2) the Committee's letter to Minister Pierre Pettigrew requesting that a ten-year moratorium be placed on shipbuilding and marine industry products from Norway with respect to the Free Trade Agreement with that country so as to permit the Canadian industry sufficient time to put in place innovation and human 88-843 COMMON COUNCIL FEBRUARY 4, 2002 resource concepts that are leading edge in respect to technologies employed in the Scandinavian, German and Japanese yards, and (3) the Committee's letter to Deputy Prime Minister John Manley on his appointment as Deputy Prime Minister. M. A. Vincent addressed Council, noting the membership of the Committee, including Deputy Mayor White and Councillors Ball, Court and Desmond; and reviewed the above correspondence. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that a letter be forwarded to Minister Pierre Pettigrew in support of a ten-year moratorium being put in place to give the Canadian education system time to catch up in training the young people the skill sets necessary to build offshore items for natural gas, oil and shipbuilding industry. The initial motion was that Council strongly endorse the Committee in its request to Minister Pettigrew for a ten-year moratorium to be put in place to give the Canadian education system time to catch up in training the young people the skill sets necessary to build offshore items for natural gas, oil and shipbuilding industry, and this was changed to that above with the consent of the mover and seconder upon Councillor Trites' suggestion that it would be more appropriate for Council to pass a resolution on its own and send it to the Minister, as the Committee, which was a part of Council in terms of the appointment process, has already made its report and contacted the Minister and it was now up to Council to follow that up. Question being taken, the motion was carried. 5. Lovalist City HeritaQe Festival - Activities & FundinQ Consideration was given to the letter from the Loyalist City Heritage Festival, previously submitted to Council at its December 10, 2001 at which time it was deferred until the group made a presentation to Council, submitting a copy of its 2001 activities, together with a financial report for the event, and its projected budget for the Festival of 2002; as well as a letter requesting consideration of funding for the Festival when any available funds are being distributed. Graham MacDonald, President of the Loyalist City Heritage Festival Committee, addressed Council on the 2002 Festival to be held July 14 to 20, and asked that consideration be given when any available funds were being distributed. Mr. MacDonald advised that, for the 2001 Festival, the total income was $3,441.99 and the total expenses were $3,292.04, with approximately $2,000 of the income being in the form of grants for student employment. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the presentation on behalf of the Loyalist City Heritage Festival Committee be referred to the City Manager. Question being taken, the motion was carried. 6. Dominick Eden - Bv-Iaw Enforcement I Urban DesiQn Guidelines Dominick Eden addressed Council on the need for better enforcement of minimum property standards and by-laws and for urban design guidelines, further to his request to Council on January 14, 2002, on the basis of his view that the City's business was real estate management and development, being the City's only source of revenue, thus the City's #1 priority should be securing and maintaining this source of revenue - its tax base. Mr. Eden suggested, as a means to do this, the enforcement of minimum standards and by-laws which ultimately encourage growth, resulting in an increased tax base thereby improving the level of services offered to citizens, and expressed the view that the opposite has been the case in Saint John where, over the last fifteen years 10,000 people have left the City, its core neighbourhoods are in states of disarray and housing starts, which are at their highest peak in New Brunswick since 1988, are not reflected in Saint John, nor is there any speculation in real estate in Saint John and, as a result of lack of by-law enforcement, real estate values have plummeted as, in essence, 88-844 COMMON COUNCIL FEBRUARY 4, 2002 there are no real estate "police" to protect the City's main source of revenue. Mr. Eden compared the recent selling price of a house on Britain Street to the amount an equivalent building in Fredericton or Moncton would have sold, and the selling price of a lot on Duke Street to its worth had it been in Millidgeville or Quispamsis; and expressed the opinion that the City, consumed with fire and police issues, has neglected to secure its asset base, the Building Inspection Department having been cut to the point that it is overwhelmed and incapable of properly "policing" the City's capital. Mr. Eden suggested that Council must initiate urban design guidelines, expanding the importance of the Planning Department, increasing funding for minimum standards, and performing a complete audit of City Hall, as requested by the Board of Trade, the latter in order to find out why the City was in this position, with some twenty years having gone by without recognizing the importance of securing its asset base, its sole source of revenue. During his presentation, Mr. Eden advised that his appearance before Council was on behalf of the South Central Citizens Council, and presented slides depicting various properties in the City on which he commented in terms of the need for improvements, repairs and urban design guidelines. As to the appropriateness of Council listening to the presenter's comments about properties belonging to other people, Mr. Nugent advised that, while he did not know that the City would be exposing itself to any liability, the presenter might be well advised, for his own protection, to speak generally about his concerns without alleging certain deficiencies or qualities, or lack of qualities, about properties that were not his. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the presentation by Dominick Eden on minimum standards and urban design guidelines be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that agenda item 28 be brought forward for consideration as this time. Question being taken, the motion was carried. 28. Uptown Saint John Inc. - 2002 BudQet Consideration was given to a letter from Uptown Saint John Inc. submitting, further to the January 7,2002 Council meeting, its (1) proposed revised 2002 budget as approved by the Board of Directors and the Uptown Saint John Business Improvement Area on January 23, 2002 as per By-law 6.3, (2) Uptown Saint John Inc. budget analysis, (3) the challenge for 2002, (4) new initiatives for Uptown Saint John Inc., and (5) 2001 Uptown Saint John Inc. report card, and advising that Mike McGraw, President of Uptown Saint John Inc., would be available at the February 4,2002 Council meeting should there be any questions. The Mayor, noting Council's request for Uptown Saint John Inc. to have a general membership meeting and also that the proposed 2002 budget reflected no increase in the business improvement levy, advised the Uptown Saint John Inc. representatives who were in attendance at the meeting of the need for them to submit a letter to Council indicating that a general membership meeting had been held and two- thirds of the membership present were in agreement with the proposed 2002 budget, and that this was in accordance with the Business Improvement Areas Act. A motion was proposed by Councillor Trites and seconded by Councillor Fitzpatrick to approve the 2002 budget subject to receiving the letter in question, whereupon the Mayor advised that, while no advertising was necessary, the law required that Council wait fifteen days before considering approval of the budget, which would mean that the budget would come back to Council the first meeting after February 19, 2002 at which time first and second readings of the Business Improvement Levy By-law could also be considered. Mr. Nugent confirmed that the City had accommodated Uptown Saint John Inc. as far as the law allowed it to be accommodated, the 88-845 COMMON COUNCIL FEBRUARY 4, 2002 requirement now being that fifteen days pass before Council could make a decision on whether or not to approve the budget and amend the By-law. 8. Proclamations Mayor McAlary proclaimed February 2002 as Heart Month in the City of Saint John and urged all citizens to support the heart fund drive. 9. ParkinQ On Wildwood Street On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the letter from Mayor McAlary advising of a request for consideration to be given to the elimination of parking on Wildwood Street as citizens in this area have difficulty with cars being parked overnight as streets cannot be properly plowed during the winter months, and suggesting that Council request the City Manager and appropriate staff to check into this situation, be referred to the City Manager. Question being taken, the motion was carried. 10. East Coast Music Awards On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Deputy Mayor White, Council's liaison on the Organizing Committee of the 2002 East Coast Music Awards, recommending that a letter be forwarded to Diana Alexander, Event Chairperson, expressing congratulations to her, the members of the Committee and the volunteers for a job well done and for making this event possible, as well as a letter to Wendy Connors-Beckett, Event Manager, congratulating her and her staff on a job well done, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 11. Accessibilitv Of City Hall Premises & Plaza Read a letter from Councillor Teed regarding the accessibility of the City Hall premises and the City Hall Plaza for handicapped persons, particularly those who use wheelchairs and those elderly citizens who have to use canes and walkers. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the matter of better access to the City Hall premises and the City Hall Plaza be referred to the City Manager with instructions to investigate and report on how the Plaza area could be revised at a minimum cost to enable wheelchair access and further that the building owners be contacted to see if they can provide reasonable access up the stairs and, if not, if they would allow the City to do so. Question being taken, the motion was carried. 12. Travel Passport To EncouraQe City Site Visits Read a letter from Councillor Teed suggesting, as a means of developing greater interest in and encouraging tourist visitation stops at various City sites, the development of a travel passport which, when used at participating historic sites or points of interest, could be stamped as a form of acknowledgement of the visits, and that such a program could be developed for visiting throughout the Province; and proposing that the concept of the Saint John tourism passport be referred to the Tourism Department for study and report, and further that the concept of a Provincial travel passport be referred to the Cities of New Brunswick and to the New Brunswick Municipalities Association for consideration. 88-846 COMMON COUNCIL FEBRUARY 4, 2002 Councillor Teed proposed the motion as set out in his letter. Councillor Trites suggested that this matter should be referred to the Tourism Association rather than the other Associations thereby putting it into the hands of the private sector which is extremely well organized and also it would mean quicker action as the other Associations meet only once or twice a year, and the Cities do not meet again until May. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager and the Tourism Association. Question being taken, the motion was carried with Councillor Desmond voting "nay". 12A. Population Growth Of City Consideration was given to a letter from Councillor Teed commenting on references in various reports to the City's population, one in a report presented in 2001 on the Saint John Police headquarters facility which indicated that in the year 2000 the population was 72,700 and it was assumed that it would be consistent for the next ten years, another being to a projected City population of 200,000, the latter obviously being no longer in tune with the facts; and expressing the view that there needs to be a major turnaround as the central core of the City cannot continue in the state it is and needs population if the City is to be viable as a whole; however, the needed population cannot be accommodated under the present zoning and town planning concepts. The letter suggests that there needs to be changes in the planning and zoning of the South End if the City is to reinstate any degree of population growth, and the City cannot accept that its population will remain constant for a foreseeable future, nor that the central portion of the City can continue to exist without significant population growth; and proposes that the Planning Commission be requested to initiate a preliminary study indicating how or in what manner zoning needs to be changed to enable the population growth of at least 10,000 people in the area south of City Road in the next ten years. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager to initiate a preliminary study indicating how or in what manner zoning needs to be changed to enable the population growth of at least 10,000 people in the area south of City Road in the next ten years. Councillor Teed, having proposed the motion as set out in his above letter, agreed with the Mayor's assumption that the Planning Commission would be the Planning Department, and the mover and seconder of the motion agreed to change it to refer the matter to the City Manager. Question being taken, the motion was carried. 12B. Development Of Community Health Centres Read a letter from Councillor Teed noting the recommendation of the Premier's Health Quality Council that community health centres be developed, and setting out reasons why the first community health centre should be located in the City of Saint John. On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the City of Saint urge the Premier and the Minister of Health to ensure that the first community health centre is located in the City of Saint John. It was suggested that a copy of the resolution should be forwarded to the committee being chaired by Grand Bay-Westfield Mayor Grace Losier. Question being taken, the motion was carried. 88-847 COMMON COUNCIL FEBRUARY 4, 2002 13. Tender For Life Insurance On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the tender of Clark Administrative Consultants Ltd., on behalf of The Co-operators Ltd., be accepted for the provision of 23 - $5,000 paid-up life insurance policies for retired City of Saint John employees, at a total premium cost of $50,547. Question being taken, the motion was carried. 14. Proposal For Mobile Command Post On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the proposal of Multivans Inc., in the amount of $124,347.26, plus tax, be accepted for the supply of a 32-foot conventional, tow-behind trailer unit for use as a City of Saint John mobile command post. Question being taken, the motion was carried. 15. Water And SeweraQe Utilitv Fund - 2002 BudQets Consideration was given to a report from the City Manager presenting the proposed 2002 Operating and Capital Budgets for the Water and Sewerage Utility Fund; and submitting, as Appendix "A", the Operating Budget Revenue and Expenditure Summary 2002, as Appendix "B", a proposed Water and Sewerage By-law amendment and, as Appendix "C", a listing of the proposed 2002 Capital Program projects. The report includes highlights of the proposed 2002 Operating Budget of $19,673,705 which sees increases in expenditures of about $825,000 and revenue reductions of $500,000 from City's General Fund, as well as reductions in overall consumption from metered ICI customers, and provides for (i) the coming on line of the Churchill Boulevard trunk sewer and wastewater pumping station and a major capacity upgrade of the Millidgeville facility to enable it to handle all future North End/Millidgeville wastewater flows, (ii) an increase in funding from the Operating Budget from $570,000 to just over $1,000,000 for capital projects and consideration to the establishment of a reserve fund for major capital improvements, (iii) a study of water and sewerage rate requirements, (iv) an amount of $116,000 for a new program of professional development for operational staff, (v) an amount of $50,000 to initiate a maintenance program for large water system structures, (vi) an overall increase of approximately $482,000 in personnel costs for staffing to meet operational needs, (vii) a reduction through the General Fund budget process of $500,000 in revenues to the Water and Sewerage Utility for the fire protection system and storm drainage services (through combined sewers), (viii) lower overall water consumption by metered customers, which translates into lower revenue capacity, and (ix) elimination of the discount option and a 4.6% rate adjustment, with equivalent rate adjustments for metered industrial, commercial and institutional customers; and compares the rates in Saint John to those in Moncton and Fredericton for single-family residential and commercial customers. The report also includes highlights of the proposed 2002 Capital Budget of $12,995,000, in terms of replacing deteriorated systems, including water and sanitary improvements on Benji Lane, First Avenue, Guilford Street, High Ridge Road, Olive Street and Visart Street, watermain replacement along Fairville Boulevard, sanitary sewer improvements and watermain replacement along Rothesay Avenue, a reduction in the number and visibility of raw sewage outfalls, replacement of water and sewerage systems along the Spar Cove Road-Millidge Avenue corridor, improvement of water pressures in the Buena Vista Avenue/Thomas Avenue area, an upgrade of the SCADA master control system, improvement in the Spruce Lake Dam structure, the installation of a new transmission main along Russell Street and Thorne Avenue and improving water storage capacity with large capacity structures at Forest Hills and the Lily Lake area; comments on the infrastructure program priorities for 2002; includes a breakdown of the proposed annual expenditures related to the more than $134 million in capital expenditures in the City's aggressive five-year capital plan, which is focused primarily on bringing a necessary level of water treatment to the people of Saint John, with continuing emphasis on advancing wastewater treatment and projects to address problems of aging and unreliable infrastructure; 88-848 COMMON COUNCIL FEBRUARY 4, 2002 proposes an initiative for service improvements along Sandy Point Road and Kennebecasis Drive; and recommends adoption of the resolutions as set out herein. Mr. Totten, in his comments, noted the proposed rate increase, as well as demonstration in the proposed 2002 Utility budgets of the aggressive response to the City's priority of doing a better job in the community in treating wastewater and in positioning itself to respond to an expected increase in Canadian drinking standards, and Mr. Groody highlighted the above report and reviewed the 2002 Water and Sewerage Utility projects. (Councillor Fitzpatrick withdrew from the meeting during the above comments.) On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2002 in the amount of $19,673,705 be adopted: AND FURTHER that the estimate of expenses for the Water and Sewerage Utility for the year 2002 in the amount of $19,673,705 be approved: AND FURTHER that the by-law entitled "A By-law To Amend A By-law Respecting Water and Sewerage" be given first and second readings: AND FURTHER that the Water and Sewerage Utility Capital Budget for the year 2002 in the amount of $12,995,000, as set out in the submitted schedule of projects (Appendix "C") be approved. (Councillor Fitzpatrick re-entered the meeting.) During discussion Councillor Chase advised that, while he recognized the need to make investments in the drinking and wastewater systems in order to improve the system and provide for the safety of the citizens and the environment and that invariably water rates and the cost of providing the service would go up, he was concerned with low-income families and senior citizens with fixed incomes, thus, as in all aspects of City business, there was a need to ensure that things were done efficiently and that the City was not spending more money than required; and, on the latter point, he expressed his objection to the proposal to hire additional employees, his suggestion being, as the City was spending less money year after year on road maintenance and it would follow that less employees were being utilized to provide road maintenance, Works employees should be deployed to Water and Sewerage and subsequently trained accordingly. Upon Councillor Chase's indication that he wanted to make an amendment to the motion, the Mayor advised that he could not do so, as the motion on the floor was not dealing with staff. Question being taken, the motion was carried with Councillor Chase voting "nay". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water And Sewerage", 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 Water And Sewerage". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-law To Amend A By-law Respecting Water And Sewerage", be read a second time. 88-849 COMMON COUNCIL FEBRUARY 4, 2002 Question being taken, the motion was carried with Councillor Chase voting "nay". Read a second time the by-law entitled, "A By-law To Amend A By-law Respecting Water And Sewerage". The Mayor asked that, as there were citizens present at the meeting with regard to agenda item 20, this item be considered at this time. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that agenda item 20 be brought forward for consideration at this time. Question being taken, the motion was carried. 20. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 200 Somerset Street On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning zoning a parcel of land located at 200 Somerset Street (NBGIC Number 24901), having an area of approximately 7,100 square feet, from "R-4" Four Family Residential to "B-2" General Business classification, be read. Question being taken, the motion was carried. The by-law law entitled, "By-law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning zoning a parcel of land located at 200 Somerset Street (NBGIC Number 24901), having an area of approximately 7,100 square feet, from "R-4" Four Family Residential 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 non-residential use of the property is restricted to the applicant's proposal to establish a retail orthopaedics business on the ground floor of the existing building, (b) there shall be no freestanding or mobile signs, and (c) facia signage is restricted to a maximum of 4 square feet. Question being taken, the motion was carried. Read a third time the by-law law entitled, "By-law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John". 21. Zoning By-law Amendment To Re-Zone 1433 Loch Lomond Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (1) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2 One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional 88-850 COMMON COUNCIL FEBRUARY 4, 2002 classification; and (2) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification; and (3) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 280 square metres (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" One and Two Family Suburban Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Fitzgerald Seconded by Councillor Teed RESOLVED that the by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning (1) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2 One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification; and (2) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential Neighbourhood Institutional to "RS-2" classification; and (3) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 280 square metres (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John". 25. Dominion Refuse Collectors & Saint John RecvclinQ - Collection Alternative On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Dominion Refuse Collectors and Saint John Recycling outlining its proposal to the Fundy Region Solid Waste Commission regarding the region's recycling depots, and providing a brief background with respect to its involvement in waste management in the Fundy Region, be referred to Councillor Chase, Council's representative on the Commission, and the City Manager. Question being taken, the motion was carried. 16. Water And Wastewater System Development Read a report from the City Manager regarding the limited supply capacity of the municipal water system at the eastern end of Kennebecasis Drive, including Westmount Drive and the Kennebecasis Bay Estates subdivision, being seriously inadequate for fire fighting and having problems related to maintaining the required chlorine residual in the line; noting that development plans have heightened concern for the adequacy of water flows and pressures in the area as there has been evidence, at high flow times, that the system is unable to accommodate even domestic demand at the end of Kennebecasis Drive; reviewing the issues related to improving services to this area, and proposing improvements in three critical areas - water, sanitary sewers and streets, involving (1) a water system extension along Sandy Point Road, with pumping station improvements, pressure control valve installation and a looped service to UNBSJ and the Regional Hospital, (2) a sanitary sewer extension from Kennebecasis Drive at Sandy Point Road, along Sandy Point Road to the high point 88-851 COMMON COUNCIL FEBRUARY 4, 2002 near Cranberry Hill, and (3) the reconstruction of the Sandy Point Road from its intersection with Foster Thurston Drive to civic #1641, the total estimated cost for the recommended service improvements, including borrowing charges, being $3,958,000. The report shows a possible revenue distribution based on a proposed funding formula that represents a significant divergence from standard practice, including a local improvement charge for existing residential customers who would benefit from the improvements, a lot levy for new development, Provincial sources to reflect the portion of the upgrade that supports expansion at UNBSJ, and the sale of City-owned land along Sandy Point Road corridor; and sets out a number of other issues to be addressed before construction, as well as the benefits of the recommended service improvements, and, in summary, advises that the proposal, upon Council's authorization, was to initiate a design process and to complete all planning and other preparatory work over the course of this year, including a detailed business plan, drafting of by-Iaw(s), land transactions, easements, marketing plans, negotiations and discussions with the various stakeholders, and other necessary preliminary work, and the Water and Sewerage Utility Fund includes an amount of $250,000 to kickstart the design process, with the actual construction work to begin in 2003. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council authorize staff to proceed with the plan for water and wastewater system development in the Kennebecasis Drive and Sandy Point Road areas, as outlined in the above report from the City Manager. Mr. Totten spoke to the need for system improvements in the area in question and the suggestions in the above report for possible financing of the cost to do. (Councillors Fitzgerald and Trites withdrew from the meeting during the above discussion.) Councillor Ball proposed an addendum to the motion that Council explore funding for immediate financial support to expedite the construction of this extremely important project in the year 2002. Mr. Totten expressed the view that, once the City committed the $4 million and did the job, the lever to bring to the table the people who want the service would be gone, and there would be no working out the issue of lot levies and such with developers; in other words, the work would be done and the area and all other users would be paying for it. The Mayor noted that there was no seconder to add the proposed addendum to the motion. (Councillors Fitzgerald and Trites re-entered the meeting.) Question being taken, the motion was carried. 17. Harbour Station Marquee Consideration was given to a report from the City Manager submitting Harbour Station's business plan for its proposed marquee, being a 28-foot high advertising marquee featuring two large, full-colour, full-motion, LED screens, capable of video, photo, text, graphics and animation, at a capital cost of $434,700, with financing to be by way of a $75,000 cash contribution from the Harbour Station Commission's capital fund and by the issuance of a ten-year bond at an assumed interest rate of 6%, with the marquee to generate sufficient revenue to cover all expenses in year one and, over the ten-year projection period, contribute $83,044 to the bottom line of Harbour Station; and citing the municipality's role, as set out in the Saint John Regional Exhibition Centre Commission Act, with respect to borrowing money for the purposes of carrying out the objects of the Commission. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (A) authorize the Harbour Station Commission to borrow $359,700 for the sole purpose of erecting a 28-foot high marquee on Station Street; (B) authorize the financing of this indebtedness by way of inclusion in the City of 88-852 COMMON COUNCIL FEBRUARY 4, 2002 Saint John annual bond issue; and (C) direct the Commissioner of Finance and the City Solicitor to prepare the necessary documentation to reflect this transaction. Question being taken, the motion was carried. 18. DesiQnation Of BuildinQ Inspector Read a report from the City Manager advising the necessity of Council adopting a resolution designating the Building Inspector to initiate and proceed with an application to the Court of Queen's Bench for an order that would require the owner of the property at 170 Carmarthen Street to bring the deck, which was built without a building permit and does not meet the requirements of the National Building Code, to comply with the Building By-law by obtaining a building permit and carrying out the repairs necessary to bring the deck into compliance with the Code. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely: WHEREAS the records in the Saint John County Registry Office show Ramesh Khare and Raman Khare to be the owners of a parcel of land (herein called the Khare property) that is located on the eastern side of Carmarthen Street, Saint John, N.B., the Khare property having civic number 170 Carmathen Street and is designated by Service New Brunswick with PID parcel number 5231, and located on the Khare property is a two storey woodframe residential building (herein called the Khare building); AND WHEREAS in 1998, without a building permit having been obtained as required under the Saint John Building By-law, the back of the Khare building was altered with the construction onto it of a new exterior deck and stairway which do not meet the requirements of the National Building Code of Canada (herein called the Code); AND WHEREAS Ramesh Khare and Raman Khare have ignored notices that were sent to them by the City, and have also ignored a compliance order that was issued to them by Building Inspector William Edwards and was served upon them on July 23,2001: BE IT RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of the City of Saint John to the Court of Queens' Bench of New Brunswick for an order that will require Ramesh Khare and Raman Khare, within such time as a judge may direct, to bring the deck and stairway at the back of 170 Carmarthen Street (PID parcel number 5231), Saint John, N.B., into compliance with the Code by carrying out the following work: (1) the foundation for the deck must be modified so as to extend below the level of frost penetration or to solid ground, and (2) the joists must have their effective span reduced to be within that allowed by the Code, and (3) the guards must be redesigned and rebuilt so as to satisfy the requirements of the Code, and (4) the structure must be modified so as to be supported by carrying beams and so as to satisfy the requirements of the Code, and (5) the deck must be modified so as to provide adequate end bearing for the floor joists and so as to meet the requirements of the Code. Question being taken, the motion was carried. 19. Lease AQreement - Market Square TIC Read a report from the City Manager advising that Common Council resolution of September 10, 2001 regarding a lease agreement with The Hardman Group Ltd. for rental unit 138 at Market Square articulated that the lease format would be the same as the lease of March 24, 1977; however, the lease provided by The Hardman Group for execution dated November 27,2001 (as submitted) does not format identically to its predecessor, and that staff reviewed it and determined that the intention and integrity of the new lease format replicates that of the lease dated March 24, 1997. 88-853 COMMON COUNCIL FEBRUARY 4, 2002 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council (1) rescind its resolution of September 10,2001 regarding a lease agreement with The Hardman Group Ltd. for a tourist information centre at Market Square; and (2) adopt the following resolution: "the City of Saint John lease rental unit 137 A and unit 138 (750 square feet) at Market Square from The Hardman Group Ltd. for a tourist information centre, upon the same terms and conditions contained in the lease dated November 27, 2001 (as submitted), and the Mayor and Common Clerk be authorized to execute the lease.". Question being taken, the motion was carried. 22. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, January 28, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, (1) Common Council rescind its resolution of May 7,2001 to lease a 713 m2:t portion of PID Number 411710 (Parcel A) at 154 Thorne Avenue, as generally shown on the submitted plan, to Keith Chamberlain; (2) Barry Arthurs be given notice to quit and deliver up possession of vacant lands known as a 713 m2:t portion of PID Number411710 (Parcel B) at 154 Thorne Avenue, at the earliest possible date, and the Mayor and Common Clerk be authorized to sign the notice to quit; (3) Common Council lease 1,426 m2:t of PID Number 411710, being Parcels A and B on the submitted plan, to Steve Byers on the following terms and conditions: (A) Term: 5 years from March 1, 2002 - February 2, 2007; (B) Rent for Year 1 $400/month ($4,800/annum), Year 2 $450/month ($5,400/annum), Year 3 $500/month ($6,000/annum), Year 4 $550/month ($6,600 per annum, Year 5 $600/month ($7,200/annum); (C) Steve Byers to resurface the 1,426 m2:t Parcel A/B on or before the 4th anniversary of said lease in accordance with requirements established by the Planning Advisory Committee, or lease terminates; (D) termination rights - either party shall have termination rights one time on or before the 3rd anniversary with 90 days written notice (no termination in the first year of lease); (E) if the City of Saint John needs to repair a municipal service pipeline in the vicinity of the sales office and, if the City, at its sole discretion, is of the opinion that the sales office must be relocated in order to best perform the required repairs, the lessee is obligated to relocate the proposed building at the lessee's own expense and, in such event, the City offers no compensation for the loss or interruption of business which may have been caused by the required work and/or building relocation; and (F) all other terms and conditions as set out in "Schedule B" as submitted; and further that the Mayor and Common Clerk be authorized to execute the lease. 2. That as recommended by the City Manager, the City of Saint John lease the 4th floor of the City Market to PRUDE Inc. on the following terms and conditions: (1) the term of the lease shall be ten years commencing January 1, 2002 and terminating December 31, 2011; (2) the annual rent shall be as follows: 2002 $O/year, 2003 $O/year, 2004 $O/year, 2005 $O/year, 2006 $O/year, 2007 $3,000/year, 2008 $6,000/year, 2009 $9,000/year, 2010 $12,000/year, 2011 $15,000/year; (3) all annual rent shall be paid in twelve equal monthly installments on the first day of each month; (4) the hereinafter cited covenants or conditions set out in Schedule "C" of the Regulation 83-132 - Leases Regulation - Standard Form of Conveyances Act: 11, 12, 13, 14, 15, 17, 18, 19,20,21, 22, 25, 26, 27, 28, 33, 34, 35, 36, 38, 39, 41, 44 and 46; and (5) the additional terms and conditions on Schedule "A" as submitted, and further that the Mayor and Common Clerk be authorized to execute the lease. 88-854 COMMON COUNCIL FEBRUARY 4, 2002 3. Francais. That a grant in the amount of $5,000 be approved for Festival de la Baie 4. That as recommended by the City Manager, a grant of $10,000 be approved for Cruise Saint John. 5. That as recommended by the City Manager, a grant of $1,000 be approved for the Seniors' Resource Centre. 6. That as recommended by the City Manager, a grant of $5,000 for 2002 be approved for the Senior Friendship Games. 7. That as recommended by the City Manager, a grant of $12,500 be approved for the Surf City Synch Swim 2002 Nationals. 8. That as recommended by the City Manager, a grant of $1,000 be approved for Skate To Care - Mindcare. 9. That as recommended by the City Manager, a grant of $1,000 be approved for the N.B. Historical Society. February 4,2002, Saint John, N.B. Respectfully submitted, (sgd) Shirley McAlary, C h air man. 22.1. Lease Of 154 Thorne Avenue On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 22.2. Lease Of 4th Floor City Market On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 22.3. Grant For Festival De La Baie Francais On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 22.4. Grant For Cruise Saint John On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Teed voting "nay". 88-855 COMMON COUNCIL FEBRUARY 4, 2002 22.5. Grant For Seniors' Resource Centre On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 22.6. Grant For Senior Friendship Games On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 22.7. Grant For Surf City Svnch Swim 2002 Nationals On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 22.8. Grant For Skate To Care - Mindcare On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. 22.9. Grant For N.B. Historical Society On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. 22A. Planning Advisory Committee - Colonial Acres Subdivision. 2405 Westfield Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the submitted photo-reduced tentative plan of Colonial Acres subdivision at 2405 Westfield Road, consisting of five new lots, one new street and any necessary public utilities or municipal services easements, (2) authorize the preparation and execution of one or more City/developer subdivision agreements to ensure the provision of the required work, including drainage plans, and (3) accept cash-in-lieu of land for public purposes for this subdivision. 88-856 COMMON COUNCIL FEBRUARY 4, 2002 Councillor Desmond re-iterated his concern that the City's requirement for a 60-metre or 197 -foot lot frontage, which is more than the Department of Health's regulation for on-site sewerage, discouraged development. Question being taken, the motion was carried with Councillor Desmond voting "nay". 22B. Planning Advisory Committee - Vesting Of Portion Of Public Street. 640 McAllister Drive On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced Scottish Enterprises Ltd. subdivision tentative plan, which would vest a portion of a parcel of land identified as civic #640 McAllister Drive, having an area of approximately 442 square metres (4,758 square feet) and a frontage along McAllister Drive of 140.15 metres (460 feet), as part of McAllister Drive right-of-way. Question being taken, the motion was carried. 23. Premier Bernard Lord - Response To Council Resolution On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the letter from Premier Bernard Lord acknowledging Common Council's resolution of December 17, 2001 in appreciation of the positive action by the Province in choosing Saint John as the location of a new dangerous substances laboratory, and advising that a copy of it has been forwarded to the attention of The Honourable Elvy Robichaud, Minister of Health and Wellness, for his information, be received and filed. Question being taken, the motion was carried. 24. Michael K. O'Keefe - YM-YWCA I Aquatic Centre On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Michael K. O'Keefe, Acting President and Chief Executive Officer of the Atlantic Health Sciences Corporation, advising his support of the merger proposal of the YM-YWCA and the Aquatic Centre, and suggesting that this merger could be greatly enhanced with the inclusion of the proposed teen resource centre, be received and filed. Question being taken, the motion was carried. 26. Darling Construction - Residential Infrastructure Assistance ProQram Read a letter from RE. (Bob) Darling of Darling Construction requesting to speak to Council regarding a serious flaw in the Residential Infrastructure Assistance Program, and advising of his preparation of a financial proforma showing the exact benefits to the City of this Program and that he has a simple solution to the capital outlay program which concerned some Councillors at a Board of Trade meeting. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that RE. (Bob) Darling of Darling Construction be invited to make a presentation to Council regarding the Residential Infrastructure Assistance Program and he be asked to submit his brief to the Common Clerk prior to his presentation. 88-857 COMMON COUNCIL FEBRUARY 4, 2002 The Mayor clarified that the policy agreed to by Council was that a copy of the presentation would be provided by the Common Clerk to Council members in their items for information one week and the presentation would be made at the Common Council meeting the following week. Question being taken, the motion was carried. 27. Elizabeth B. Cheney - Land For Public Purposes In Greendale Subdivision On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from Elizabeth B. Cheney advising of Mike Cavanagh's recent visit to her door at 959 Mollins Drive in the Greendale Subdivision saying that people all around the designated land for public purposes were responding positively to his plan to buy this designated green area and build eleven or more bungalow-style homes to sell; and expressing her strong exception to selling this land for public purposes area, be referred to the City Manager. Question being taken, the motion was carried. 29. John McKellar, Jr. I Hammond River Auto Sales Re-ZoninQ Of Property At 120 Somerset Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of John McKellar, Jr. / Hammond River Auto Sales for the re-zoning of property located at 120 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 18,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 30. Maxwell Realty Ltd. - Re-Zoning Of Property On Cheslev Drive On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the application of Maxwell Realty Ltd. for the re-zoning of property located on Chesley Drive be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 18,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 31. Eric Cannon - Involvement In TelevisinQ Of Council MeetinQs On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Eric Cannon advising that he enjoyed the seven years he spent in directing and shooting the Common Council meetings for Fundy Cable and ending with Rogers Television and, after twenty years in the television business, he decided it was time for a career change, and that he would miss the privilege of sitting through the Council meetings, be received and filed and the Mayor write a letter to Mr. Cannon thanking him for his long service and wishing him the best in his new career. Question being taken, the motion was carried. 88-858 COMMON COUNCIL FEBRUARY 4, 2002 32. National Representative Of CUPE - Water And Wastewater TraininQ And Industrial Water Rates On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Bob Davidson, National Representative Of the Canadian Union of Public Employees, thanking the City for its vision to establish a new centre of excellence in water and wastewater training in Saint John; and expressing the view that it is time that the "special industries" paid at the same levels as the other water users, as the City of Saint John can no longer afford to give water away at bargain-basement rates, be received and filed. Question being taken, the motion was carried. 33. Letters Re Sunday ShoppinQ Consideration was given to letters on the Sunday shopping issue from (a) Adam S. Pustowka, President of Andra Sales Inc. (Canadian Tire), commenting on the Saint John Board of Trade's survey on Sunday shopping; (b) The Rev. Dr. Keith Hobson, Moderation, Grand Bay Baptist Church, advising that, at the January 22 meeting of the Church Council, they agreed to register their opposition to Sunday shopping in the City of Saint John; (c) Rob Northrup of Leon's Furniture advising his opposition, as a retailer, to year-round Sunday shopping; (d) the Saint John Board of Trade commenting on some of the references to the Board of Trade in the letter to Council from Adam Pustowka of Adra Sales Inc. (Canadian Tire); (e) the Presidents of the Saint John Board of Trade, Uptown Saint John Inc. and Hospitality Saint John, and the Chairman of Enterprise Saint John, reconfirming their support for freedom of choice in regard to Sunday shopping, and urging Council to make the necessary application to the Municipal Capital Borrowing Board without delay that would allow retailers in the community the option to open for business on Sundays; (f) Susan Jack and Stephane Bolduc going on record as proponents of Sunday shopping; and (g) John and Lois Coffey, Naomi Coffey and Ruth Coffey objecting to year-round Sunday shopping in Saint John. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the above letters regarding Sunday shopping be received and filed. In response to Councillor Chase's request to discuss the above matter, the Mayor suggested that, as the motion was to receive and file, he would have to put an item on the agenda of the next meeting. (Councillor Desmond withdrew from the meeting.) Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk