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2002-03-18_Minutes 88-923 COMMON COUNCIL MARCH 18, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of March, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; B. Keenan, Engineering Manager - Water and Wastewater; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. David Nicholson of Douglas Avenue Christian Church offered the opening prayer. A moment of silence was observed in memory of political commentator Dalton Camp, who passed away earlier this date. The Mayor extended condolences to the family and friends of a former City employee, Donald Milne, who passed away recently. 10. Proclamations The Mayor recognized the presence at the meeting of members of the Canadian Cancer Society Daffodil Committee, promoting the Society's Annual Daffodil Campaign, and Mary Eliza Humphries spoke on behalf of the 2002 Campaign as a cancer survivor, noting that April was Daffodil Month and encouraging citizens to support the Daffodil Campaign; and presented the Mayor with a bouquet of daffodils as a symbol of hope. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that minutes of the meeting of Common Council, held on March 11,2002, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment, (b) Re-Zoning Of Property Located At 1099 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, and (b) the proposed re-zoning of the same parcel of land from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, to permit the establishment and operation of a self-storage rental unit development, as requested by Vincent Catton, and 3{d) letters of objection to the proposed re-zoning were received from Carl K. Collins, Joanne and Mark Gunter and Kathy Collins, and Judith Beers. 3{c) 88-924 COMMON COUNCIL MARCH 18, 2002 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, three letters objecting to the proposal, and a revised site plan submitted by the applicant prior to the Committee's meeting of March 12, 2002 meeting at which the applicant indicated his support for the revised proposal involving a reduction of self-storage units from 26 to 16; advising of the Committee's adoption of an amended recommendation to approve the Municipal Plan amendment and re-zoning application, pursuant to Section 39 of the Community Planning Act, setting out a number of conditions; and recommending that Common Council (1) amend the Municipal Development Plan, which would redesignate on Schedule 2-A, from Unserviced Residential to Light Industrial classification, a parcel of land with an area of approximately 2,320 square meters (29,971 square feet), located at 1099 Golden Grove Road, also identified as being NBGIC Number 310292; and (2) re- zone a parcel of land as identified above in (1) from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, subject to a resolution setting out the following conditions pursuant to Section 39 of the Community Planing Act: (a) the use of the property is restricted to the applicant's proposal for self- storage rental units and a garage to be used for personal use by the property owner, and that it not be used for commercial use; (b) the site shall not be developed, except in accordance with a detailed site plan indicating the location of all buildings, structures, parking areas paved with asphalt, driveway access, landscaping, drainage, and any other site features, such plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, and the approved site plan must be attached to the application for a building permit for this development; (c) all site improvements shown on the approved site plan must be completed within one year of the issuance of a building permit for this development; (d) the height of the storage units on the property must not exceed 12 feet; (e) the height of the proposed garage on the property must not exceed a height of 18 feet; and (f) there be no outside storage of any material on the property whatsoever. Vincent Catton of 1151 Golden Grove Road appeared in support of his application, and indicated his agreement with the above recommendation. On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, be read a first time. Question being taken, the motion was carried with Councillors Ball, Chase and Desmond voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 2,320 square metres (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from Unserviced Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillors Ball, Chase and Desmond voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-law". On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By- law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint 88-925 COMMON COUNCIL MARCH 18, 2002 John", insofar as it concerns re-zoning a parcel of land with an area of approximately 2,320 square meters (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried with Councillors Ball, Chase and Desmond voting "nay". Read a first time the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 2,320 square meters (29,971 square feet), located at 1099 Golden Grove Road (NBGIC Number 310292), from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried with Councillors Ball, Chase and Desmond voting "nay". Read a second time the by-law entitled, "By-law Number C.P. 100-589 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 82 Welleslev Avenue & 114 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at 82 Wellington Avenue and 114 Somerset Street (PID Numbers 00024752,00024760, 00026203, 00026195 and 00024844), having an area of approximately 5330 square metres (57,374 square feet or 1.32 acres), from "B-2" General Business to "SZ#5" Special Zone #5, to re-zone the subject area in a manner that would also permit the establishment and operation of a car sales lot, as requested by John McKellar, Jr. / Hammond River Auto Sales, and 4{c) a written objection was received in this regard from Hazak Realties / R. Siminovitch in Trust. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and three letters from surrounding property owners regarding the above application, considered at the Committee's March 12,2002 meeting at which no one appeared on behalf of the applicant and presentations were made by Ernest and Ada Wilson against the proposal; advising that the Committee resolved to adopt the staff recommendation; and recommending that this application be denied. Ernest and Ada Wilson of 71 Wellesley Avenue spoke, in turn, in opposition to the proposed re-zoning, having resided at that location for over 45 years, their concerns being the size of the sign proposed in that it would add to the brightness of the area at night making it difficult to sleep, the location of another business in the area, no clean-up of this possibly polluted site, an anticipated increase in vehicular 88-926 COMMON COUNCIL MARCH 18, 2002 accidents at the corner of Wellesley Avenue and Somerset Street, the proposed location of the driveway on Wellesley Avenue adjacent to a bus stop where high school students catch the bus, and the appearance of and noise from a car sales lot across the street from their residence. On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, the application of John McKellar, Jr. / Hammond River Auto Sales, for the re-zoning of property at 82 Wellesley Avenue and 114 Somerset Street, be denied. Question being taken, the motion was carried. On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-law Amendment To Re-Zone 15 Cheslev Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 15 Chesley Drive (PID Number 55092670), having an area of approximately 1304 square metres, from "ID" Integrated Development to "RM-1" Three Storey Multiple Residential classification, to permit the development of the site for multi-residential purposes, as requested by Maxwell Realty Ltd., and no written objections were received in this regard, a letter (copies of which were distributed to the Council members at this meeting) having been received from Hughes Surveys & Consultants Ltd. requesting, on behalf of the applicant, that Common Council accept the request to have the application withdrawn. 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in favour of the proposal, considered at the Committee's March 12,2002 meeting at which Richard Turner of Hughes Surveys & Consultants Ltd., on behalf of the applicant, spoke in favour of the application, and Mike Moore representing Howard Johnson Hotel, Rita Arbo and Michel Albert addressed the Committee in opposition to the proposal in concern about traffic and safety, parking, the small size of the site and related variances, and the appropriateness of a residential development at this location; and recommending that the application be denied. On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that the application of Maxwell Realty Ltd. for the re-zoning of property located at 15 Chesley Drive be withdrawn as requested. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. 88-927 COMMON COUNCIL MARCH 18, 2002 6(a) Zoning By-law Amendment To Re-Zone 1111 Churchland Road & 2000 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of (1) a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portions of PID Numbers 352047 and 353581), from "RS-1M" One and Two Family and Mobile Home Suburban Residential, "RFM" Rural Mobile Home, "RF" Rural and "PQ" Pits and Quarries to "P" Park classification, and (2) a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portion of PID Number 353581), having an area of approximately 65 acres, from "RF" Rural to "PQ" Pits and Quarries classification, to develop a golf course on the lands to be re-zoned to "P" Park, and to adjust the boundaries of the existing approved gravel pit operation at 1111 Churchland Road, as requested by Debly Resources Inc., and no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a letter in favour of the proposal, two letters against the proposal and two letters against the gravel pit relocation, considered at the Committee's March 12,2002 meeting at which Bill Dunnett and Majid Debly spoke on behalf of the applicant in support of the proposal for the golf course and the Province's environmental review process and the proposed relocation of the gravel pit boundaries, respectively, and a number of area residents spoke against the proposal and, while not opposed to the golf course development, objected to the proposed re- zoning of the land to the south of the existing pit to "PQ" Pits and Quarries; advising of the Committee's decision to adopt the staff recommendation, which included the imposition of no additional terms and conditions upon the golf course pursuant to Section 34(4)(c) of the Community Planning Act; and recommending that Common Council (1) re-zone a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road, having an area of approximately 110 acres, also identified as being portions of PID Numbers 352047 and 353581, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential, "RF" Rural Mobile Home, "RF" Rural and "PQ" Pits and Quarries to "P" Park classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the land is restricted to the applicant's proposal to develop a golf course on the subject site; (b) access to the golf course shall be from Golden Grove Road via an asphalt-paved driveway leading to an asphalt-paved parking area for patrons of the facility; (c) a minimum 30-metre (100-foot) treed buffer shall be maintained along the northern and western boundaries of the site adjacent to the residential areas and Dolan Lake; (d) no liquor licence is permitted other than a special facility licence for the main clubhouse; (e) the site shall not be developed except in accordance with a detailed site plan indicating the location of all buildings, structures, parking areas, driveway access, and other site features, such plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, and the approved site plan must be attached to the application for change-of-use/building permit for the proposed golf course; and (f) all site improvements shown on the approved site plan must be completed within one year of issuance of the first building permit for the development; and (2) re-zone a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road, having an area of approximately 65 acres, also identified as being a portion of PID Number 353581, from "RF" Rural to "PQ" Pits and Quarries classification. Bill Dunnett of 16 Blanchard Lane spoke in support of the proposed re- zoning as the owner of the golf course to be built on the property in question, and advised that he has an arrangement with Mr. Debly to lease the land from him, the proposal being to move an undeveloped existing gravel pit back into the woods and build a golf course out in the public view, and this would create approximately twenty temporary jobs and another five to six full-time jobs once the golf course was up and operating next May. Mr. Dunnett also advised of his application for an environmental impact assessment for the primary reason of ensuring that nothing would be done to contaminate any local wells or existing waterways. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint 88-928 COMMON COUNCIL MARCH 18, 2002 John", insofar as it concerns (1) re-zoning a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portions of PID Numbers 352047 and 353581), having an area of approximately 110 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential, "RFM" Rural Mobile Home, "RF" Rural and PQ" Pits and Quarries to "P" Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, and (2) re-zoning of a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (a portion of PID Number 353581), having an area of approximately 65 acres, from "RF" Rural to "PQ" Pits and Quarries classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John", insofar as it concerns (1) re-zoning a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (portions of PID Numbers 352047 and 353581), having an area of approximately 110 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential, "RFM" Rural Mobile Home, "RF" Rural and PQ" Pits and Quarries to "P" Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, and (2) re-zoning of a parcel of land located at 1111 Churchland Road and 2000 Golden Grove Road (a portion of PID Number 353581), having an area of approximately 65 acres, from "RF" Rural to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-590 A Law To Amend The Zoning By-law Of The City of Saint John". On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 7(a) Amendment To Section 39 Conditions Of Re-ZoninQ 669 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the March 25, 1985 re-zoning of a portion of the property situated at 669 Loch Lomond Road (NBGIC Number 55102925), to permit the use of the existing warehouse building to be converted to a retail used clothing store, as requested by Sheila Sabean and Lindsay Sabean, and no written objections were received in this regard. 7{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's March 12,2002 meeting at which Lindsay Sabean appeared in support of the application and indicated that the applicants were in favour of staff's recommendation, except for the proposed condition that required the placement of guard rail to be located along the side of the lot adjacent to the residential property; advising that the Committee adopted the recommendation contained in the staff report, with the exception of an amendment to condition 2(a) which included the option of having a chain or wooden fence, rather than a guard rail; and recommending that Common Council amend the Section 39 conditions imposed upon the March 25, 1985 re-zoning of a portion of the property situated at 669 Loch Lomond Road, also identified as NBGIC Number 55102925, by including as a permitted use a retail clothing store. 88-929 COMMON COUNCIL MARCH 18, 2002 Mark Sabean spoke in favour of the proposed amendment and advised his agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed upon the March 25, 1985 re-zoning of a portion of the property situated at 669 Loch Lomond Road, also identified as NBGIC Number 55102925, by including as a permitted use a retail clothing store. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 8. VestinQ Of Service Or Fire Lane - "Bav View" The Common Clerk advised that the necessary advertising was completed with to the proposed vesting in the City of Saint John of the fee simple in the so-called "service lane" or "fire lane" dividing the two tiers of lots in block 1 at "Bay View" so-called, within boundaries of PID Number 00347864, being lands occupied by the former East Saint John School building on Bayside Drive, subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the fee simple in the so-called "service lane" or "fire lane", described as follows, vest in the City of Saint John subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners: ALL THAT CERT AI N lot piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick more particularly described as that portion of a fifteen (15') foot wide strip of land, commonly called a "fire lane" or "service lane", dividing the two (2) tiers of lots in block 1 at "Bay View" so-called, beginning at a point where the southern sideline of lot 26 meets the eastern sideline of the aforesaid "fire lane" thence southwardly along the western sidelines of lots 25, 24, 23, 22, 21, 20 and 19 inclusive to the point where the southern sideline of lot 19 meets the eastern sideline of the said "fire lane" thence westwardly fifteen (15') feet to the point where the southern sideline of lot 12 meets the western sideline of the said fire lane thence northwardly along the eastern sidelines of lots 12, 11, 10, 9, 8, 7, 6 inclusive to a point where the southern sideline of lot 5 meets the western sideline of the said fire lane thence eastwardly fifteen (15') feet to the place of beginning as shown on the plan titled "Plan of Bay View the property of the Eastern Terminal Realty Co., Ltd." dated January 30, 1912 and filed in the Saint John County Registry Office on March 5, 1912 as File 8#37; the hereinbefore described lands being contained within the boundaries of land designated by the Service New Brunswick Parcel Identifier (PID) 00347864. Question being taken, the motion was carried. 9. Street Closing By-law Amendment - Westmorland And Saint Catherine Streets / Havs 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 Westmorland and Saint Catherine Streets and Hays Avenue, and no written objections were received in this regard. 88-930 COMMON COUNCIL MARCH 18, 2002 On motion of Councillor Desmond 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 the stopping up and closing of portions of Westmorland and Saint Catherine Streets and Hays 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 Desmond Seconded by Councillor Trites 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 the stopping up and closing of portions of Westmorland and Saint Catherine Streets and Hays 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". * Added Item On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that a recommendation concerning a committee appointment, which was considered in Committee of the Whole earlier this date under item 33, be added to the agenda of this meeting for consideration as item 10A. Question being taken, the motion was carried. *10A. Appointment To Recreation And Parks Advisorv Board On motion of Councilor Court Seconded by Councillor Fitzgerald RESOLVED that Mark LeBlanc be appointed to the Recreation and Parks Advisory Board for a term of three years. Question being taken, the motion was carried. 11. Water & SeweraQe CharQes OwinQ On Derelict BuildinQs Read a letter from Councillor Chase advising of his belief that buildings owned by companies of which Bill Redfern is the director owes $18,000 in water and sewerage charges, and asking for Council's support in asking the Water and Sewerage Utility to take immediate action. Councillor Chase proposed a motion that staff report to Council on action being undertaken in the above regard, and the Mayor expressed the understanding that invoices were sent out as of March 12,2002 and the owners have until April 1 ,2002 to reply. Mr. Totten advised that, as certain obligations made for the first week of March were not met by this particular customer of the Utility, in the normal course of business he was notified and the appropriate documentation was sent to the effect that his water would, in fact, be shut off on April 1, and this would now allow others, such as people who may have a mortgage on those buildings, to step forward and take necessary action. 88-931 COMMON COUNCIL MARCH 18, 2002 On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the above letter from Councillor Chase be received and filed. In response to a question as to whether or not there was a proper procedure that should be used when referring to property owners, Mr. Nugent advised that it would be proper and advisable for Council to accurately identify the owner of a property with which it was dealing in the manner shown in the records of the Registry Office. Mr. Beckett, as to the number of buildings concerned and the length of time the rates have been outstanding, advised that for the Company in question the City was dealing with thirteen properties of which ten were metered and three were flat rate accounts, the areas in question being in the six-to-nine-month category, some stretching as much as a year, and the collection procedures were going through the normal course of action. Question being taken, the motion was carried. 12. Taxes In Arrears On Derelict BuildinQs Consideration was given to a letter from Councillor Chase advising that the following buildings, which are owned by companies of which Bill Redfern is the Director, have taxes in arrears: 222-228 Main Street, 150 Leinster Street, 152 Leinster Street, 247-249 Rockland Road and 148 Broad Street; and requesting Council's support in asking the Province what action it has taken to date on the matter of these property taxes in arrears and, if no action has taken place, request the Province to do so immediately. On motion of Councillor Chase Seconded by Councillor Ball RESOLVED that the above matter be referred to the Province. Councillor Teed expressed the view that referral to the Province would not solve the problem of people being put out on the street, and Deputy Mayor White advised that he would not support the motion because Council should not be telling the Province how to do its job. Question being taken, the motion was lost, with the Mayor, Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites voting "nay". 13. SprinQ Clean-Up Read a letter from Councillor Titus noting the elimination of the annual spring clean-up as a cost cutting measure as a result of the budget, and proposing that staff be directed to outline alternative methods for spring clean-up as soon as possible. Councillor Titus questioned the amount of money saved by deleting spring clean-up week from the budget, and Mr. Totten advised that $100,000 was removed from the budget as a conservative estimate of the costs that would be avoided, and he would be prepared to come back to Council in a couple of weeks time with a report on how this might be handled this spring. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the above letter from Councillor Titus be received and filed. Question being taken, the motion was carried. 88-932 COMMON COUNCIL MARCH 18, 2002 14. Fast-MovinQ Traffic At Market Place Consideration was given to a letter from Councillor Fitzpatrick advising that he would like to discuss the matter of fast-moving traffic at Market Slip and refer this matter to staff, as well as the Police Commission, for review and action. Councillor Fitzpatrick clarified that his letter inadvertently referred to Market Slip rather than Market Place. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the matter of fast-moving traffic at Market Place be referred to the City Manager and the Police Commission for a report to Council. Question being taken, the motion was carried. 15. Development Of Trailer Parks In City (Councillor Fitzpatrick withdrew from the meeting.) Read a letter from Councillor Teed noting the interest in the matter of having development within the City of Saint John to produce an economic return; and advising that it would seem to him that trailer park developments provide a quick and relatively inexpensive way of ensure that more people reside within the City in adequate quarters. Councillor Teed proposed a motion, which was not seconded, that the City Planning Department be requested to provide a report on what areas of the City might be utilized as trailer parks and what it would take to run a trailer park operation for the City. (Councillor Fitzpatrick re-entered the meeting.) 15A. Population Decline Consideration was given to a letter from Councillor Teed referring to the recent census as showing serious problems with the City and its policies regarding population decline, as well as to the warning of population stagnation in the Police report presented in early 2001. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that Council establish a special committee of at least three Councillors to report on how planning to stop the decline and improve the number of people in the City can be instituted, the three Councillors to be the youngest Councillor and the newest Councillor and possibly the Deputy Mayor. Councillor Ball expressed the view that the full Council, as well as City staff, should be involved in population growth, and Councillor Titus advised that, while this matter could be referred to the Nominating Committee as the criteria for members on such a committee should be more than youth or age and such, he would like to have the matter referred to the City Manager for a report on some ideas as to how to address the population issue. Deputy Mayor White advised that he would hesitate at this time to be part of a committee thrown together so quickly on such a critical issue, and he considered it a bigger issue than one of having three Councillors get together and come up with solutions, and suggested that some of the suggestions coming out of the Mayor's ad hoc committee on finding better ways of doing business might help turn things around and help Saint John attract more people, thus this issue could be referred to that committee. Councillor Trites concurred with Councillor Titus in terms of having staff submit a discussion document to Council, and Councillor Court advised that he would like a committee to be formed to sell the City. 88-933 COMMON COUNCIL MARCH 18, 2002 Question being taken, the motion was lost, with the Mayor, the Deputy Mayor and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus and Trites voting "nay". 16. South End Peninsula - Solid Waste & Other Services Consideration was given to a report from the City Manager commenting on the special challenges for residential solid waste collection and for solid waste management generally in the South End peninsula area of the City in terms of the make- up of many parts of the South End, building proximity, the number and distribution of multi-family rental units (not eligible for residential collection), on-street parking and the general lack of storage space (inside and out), as well as the irresponsibility of some landlords who do not satisfy their obligations under the Solid Waste By-law, the disregard for collection schedules, and imported garbage from other communities; and noting that the implementation of the Fundy Region's composting program has accentuated problems, with by-weekly collection of refuse having reduced the frequency of removal and, with that, increased the pressure on already limited storage capacity for some and that, because of the long-standing solid waste management challenges there, operational staff cautioned against even attempting the composting program in the South End. The report sets out some of the options, opportunities and issues to be reviewed by Municipal Operations and By-law Enforcement staff, in consultation with the community and others, with a more general review to be done on fleet and resource requirements of the solid waste collection program generally, and the number, size and types of units required to provide a quality, cost-effective service for the times; and proposes an interim action plan for solid waste management in the South End to include (1) interim weekly collection of residential solid waste (that is the City's responsibility), (2) identification of those citizens in the South End who wish to continue composting at this time and provide them with separate bi-weekly compost collection, (3) for those citizens not presently committed or able to participate, removal of "inactive" compost carts and return to the Fundy Region Solid Waste Commission, with the intent to reintroduce a comprehensive composting program for the South End at an appropriate time and in a phased manner, (4) identification of a field leader to co-ordinate the City's South End initiative, with the dedication of one or more support personnel, and these staff members, among others, would also be designated as by-law enforcement officers for the Solid Waste By-law, (5) begin the full review of solid waste policies, with an emphasis on the special needs of the South End, and (6) initiate a public education and feedback program designed to confirm needs, best practices and problem areas. On motion of Deputy Mayor White Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council support the South End solid waste initiative outlined in the above report and authorize that it be initiated forthwith. During discussion Mr. Groody advised that the general area in question on which the City would be focusing included everything south of the Throughway bordered by Marsh Creek, Haymarket Square and the Harbour Station area, and, as for a definition of interim, advised that he was thinking in terms of six to nine months as the time that would be needed to find the solutions and bring them back to Council. As to a concern that what has happened in the South End could be duplicated in order to get weekly collection in other parts of the City, Mr. Groody made the observation that it was not the intention to simply return to the way things used to be done and do away with composting, and advised that the solution found would have to be one for the entire City in order to treat all citizens the same and provide them with the same service. Councillor Titus advised that he found the motion difficult to support and, while it could be called a pilot project so as to find a new way for the City to deal with this matter, he considered going to weekly collection in the South End as a step backward; and suggested that, as he would not support weekly collection for the whole area concerned, staff should identify those areas in which there is a problem and try to address those with steps (2) through (6). Question being taken, the motion was carried with Councillor Titus voting "nay". 88-934 COMMON COUNCIL MARCH 18, 2002 17. EnQaQement Of EnQineerinQ Consultants Read a report from the City Manager advising that, while the existing Procurement Policy calls for employment of the proposal call method of vendor selection for the engagement of professional services which require the approval of Common Council - those with an estimated value greater than $25,000, this method requires a period of seven to eight weeks for each substantial project which is time consuming and costly both for the City and the consulting firms involved and, as there would be a need to carry out at least ten more proposal calls this year for which the same group of consultants would be expected to prepare and submit proposals and even if the process could be "fast tracked", it would only be practical to advertise one such request every third week which would mean an overall process in excess of thirty weeks (approximately seven months) to simply complete the engagement of consultants; setting out a table identifying the specific consultants proposed for design and/or construction management services, the projects that would be involved and the amounts approved for the work in 2002, with Council's approval being requested for staff to deal directly with the particular consultants identified, and referring to the submitted table entitled "Consultant Section Rationale" which includes an explanation of the rationale used for matching a consultant with the planned project. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, notwithstanding the City's Procurement Policy for the engagement of professional services, Common Council authorize staff to conduct the necessary negotiations with the consultants identified in the table entitled "Consultant Engagements" as outlined in the City Manager's submitted report, to carry out design and construction management services for the 2002 Water and Sewerage Utility Fund and General Fund Capital Programs. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 18. Submission To Select Committee On Local Governance And ReQional Collaboration Read a report from the City Manager referring to the report released in June 2001 by the Minister's Round Table on Local Governance in which a series of recommendations were made on governance in the unincorporated areas of the Province, regional service delivery, land use planning, property taxation and Provincial- municipal funding, as well as to the subsequent creation of the Select Committee on Local Governance and Regional Collaboration to conduct public consultations to explore acceptable and appropriate local governance models and regional service delivery structures; and submitting the City of Saint John's draft brief for presentation to the Select Committee on March 22, 2002 in Fredericton. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor to present the submitted brief on behalf of the City of Saint John to the Select Committee on Local Governance and Regional Collaboration. Question being taken, the motion was carried. 19. Coastal Areas Protection Policv For Province On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager advising of staff's review of the Province of New Brunswick document entitled, "A Coastal Areas Protection Policy for New Brunswick", of which Council members were provided a copy in Committee of the Whole on February 18, 2002, and, for Saint John, it 88-935 COMMON COUNCIL MARCH 18, 2002 is not clear how currently urbanized areas will be treated and, given that much of the City's coastline is already developed, how these policies affect expansion and redevelopment in the Port, at Market Square, the Coast Guard site and other elements of the waterfront plan; and also advising that there is to be a public meeting in Saint John on March 26, 2002, which staff proposes to attend and bring forward these and other related matters on behalf of the City; and recommending that staff attend the meeting in Saint John and bring forward concerns noted in this report on behalf of the City, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 20. Rothesav Avenue - BridQe Replacement & Road WideninQ Consideration was given to a report from the City Manager advising that, further to the Province's replacement of the Marsh Creek Bridge near McAllister Drive and the widening of the section of Rothesay Avenue between Tim Street and McAllister Drive as part of the Provincially Designated Highways Capital Grant Improvement Program, the Province has submitted an invoice for $232,462.24 for the City's portion of the construction work, and recommending authorization for payment of the invoice. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the payment of $232,462.24 to the Province of New Brunswick, representing the City's share of the Rothesay Avenue (Route 100) - Bridge Replacement and Road Widening Project. Question being taken, the motion was carried. 21. Lease Of 8-Acre Portion Of PID 286559 Read a report from the City Manager advising of an approach to the City by Real Wave Inc., on behalf of Rogers Wireless Inc., to negotiate the lease of an 8-acre portion of PID Number 286559, located in West Saint John adjacent to NB Highway #1, across from Spruce Lake and within the western watershed, to construct a 300-foot high cell tower supported by three wires; and recommending the lease of this property under the terms and conditions set out herein. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, (A) subject to Planning Advisory Committee approval, the City of Saint John subdivide and lease an 8-acre :t portion of PID Number 286559, located adjacent to NB Highway #1 across from Spruce Lake and within the western watershed (hereinafter referred to as the site), together with a 15-metre wide right-of-way over PID Number 286559, as generally shown on the submitted plan, to Rogers Wireless Inc., on the terms and conditions as follows: (1) the term of the lease shall be five years commencing on June 1, 2002 with three five-year renewals; (2) annual rents during the term shall be: 2002/2003 - $2,600, 2003/2004 - $2,700, 2004/2005 - $2,800,2005/2006 - $2,900, 2006/2007 - $3,000; (3) HST, if applicable, shall be in addition to rent; (4) annual rent shall be payable in full on or before June 1 of each and every year; (5) annual rent for each of the subsequent renewals shall be based upon 10% of the appraised market value of the site at the time of renewal, to increase annually by 1 % above the prevailing Consumer Price Index together with an amount equivalent to the municipal portion of property taxes that would be due payable if the site were owned by others as determined at the time of renewal; (6) the lease shall be subject to any rights- of-way, easements or any other interests previously granted or conveyed by the City of Saint John on, over, under, or along the site or the access road to the site; (7) unless otherwise approved by the lessor, the use of the site shall be limited to the construction, reconstruction, operation and maintenance of a cell tower and ancillary functions; (8) the construction of the cell tower must be completed on or before December 31, 2003, and the construction, operation and use of the cell tower and road access shall in no way knowingly adversely affect the Spruce Lake water supply; (9) the site to remain unserviced; (10) the site shall be leased "as is", and the lessor offers no warranty as to its development potential or soil conditions; (11) prior to the construction of the cell 88-936 COMMON COUNCIL MARCH 18, 2002 tower, the lessee must submit plan(s) to the Commissioner of Planning and Development for approval, and the cell tower and all site improvements must comply with all applicable Municipal, Provincial or Federal by-laws, acts or regulations; (12) the lessee must apply for and obtain all necessary permits and approvals prior to construction of the cell tower and access; (13) the lessee shall be responsible for the maintenance of the site access road beyond the pumping station, and the lessor shall provide a key to the existing gate or permit the lessee to install its own lock on the gate; (14) the lessee shall pay all real property taxes and local improvements levied against the site and, with the consent of the lessor, the lessee may at its own means and expense appeal the property tax assessment, and the lessor will not unreasonably withhold such consent provided the lessee has paid all outstanding real property tax levies in full; (15) the lessee shall not have the right to assign or sublease any portion of the site except to a company owned or related to the lessee; (16) all support wires and tower structure on the property must be maintained to a standard acceptable to the Building Inspector and comply with all Municipal by-laws; (17) the lessee shall indemnify and save harmless the lessor against all actions, expenses, claims and demands of any kinds on account of the non-performance of the covenants of the lessee in the lease, and the lessee agrees to indemnify, protect, defend and hold the lessor, its officers, employees and agents harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of the lessor, its officers, employees and agents), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the leased lands; (18) the lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured, and the policy must be subject to a cross liability clause and remain in effect during the term of the lease, failing which the lessor has the right to terminate the lease; (19) the lessor shall take possession of the cell tower upon termination of the lease unless the lessee, prior to termination, removes the tower; (20) the right to cross over PID Number 286559 shall cease upon termination of the lease; (21) the lessor reserves the right to repair, replace, maintain, inspect and use its municipal services under and along the access road to the site; and (22) the lease shall be subject to the covenants or conditions numbered 11,12,13,14,15,17,20,21,22,25,26,27,28,30, 33,36,39,41,42,45, and 46 in Schedule C of Regulation 83-132 (Leases Regulation- Standard Forms of Conveyances Act); and further that (B) (1) Real Wave Inc., agent for Rogers Wireless Inc., be authorized to apply for all applicable approvals required to facilitate the lease; (2) Real Wave Inc. be advised that the City of Saint John is not explicitly or implicitly obligated to approve any applications arising here from, and (3) the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. 22. Tender For Traffic Paint On motion of Councillor Court Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Ibis Products Ltd, in the amount of $60,927, tax and delivery included, be accepted for the supply of traffic paint. Question being taken, the motion was carried. 23. Boars Head Road - QuietinQ Of Title Consideration was given to a letter from the City Solicitor advising that, with regard to Council's authorization on March 4, 2002 for an application under the Quieting of Titles Act to rectify a defect in the City's fee simple title to PID Number 51771 on Boars Head Road, a portion of PID Number 51771, which is now PID Number 55147326, sold in 1999 to The Wesleyan Church of Saint John, has the same defect in title as the City property, and the Church has asked to be joined in the City's application to rectify the defect in title to both properties; and setting out an appropriate resolution, should Council be prepared to consent to the Church joining in the City's application. 88-937 COMMON COUNCIL MARCH 18, 2002 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that Common Council consent to The Wesleyan Church of Saint John joining in the application of The City of Saint John to quiet title to PID Number 51771 and PID Number 55147326, with the Church contributing half of the City's expenses. Question being taken, the motion was carried. 24. Legal Session Resolution - Lease Of Land From Exhibition Association Read a letter from the Common Clerk setting out a resolution from the March 11, 2002 Legal Session of Council regarding the lease of land from the Exhibition Association. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City of Saint John lease a 1.2-hectare :t portion of PID Number 307397, as generally shown on the submitted plan, from the Exhibition Association of the City and County of Saint John, on the terms and conditions outlined in the City Manager's submitted report, and the Mayor and Common Clerk be authorized to execute the submitted lease. Question being taken, the motion was carried. 25. 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, March 11, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee submits the following recommendations, namely: 1. That Councillor Stephen Fitzpatrick be appointed to the Harbour Station Commission for a term to expire February 2004. 2. That Councillor Bernard Desmond be appointed as the City's representative on the Fundy Region Solid Waste Commission for a term of three years. 3. That a grant of $1,500 be approved for the Canadian Administrators of Volunteer Resources with regard to its national convention in Saint John in June 2002. March 18, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 25.1. Appointment To Harbour Station Commission On motion of Councillor Court Seconded by Councillor Titus RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 88-938 COMMON COUNCIL MARCH 18, 2002 25.2. Fundv ReQion Solid Waste Commission - Appointment On motion of Councillor Court Seconded by Councillor Titus RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 25.3. Grant For Canadian Administrators Of Volunteer Resources On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 26. Rev. R.E. Freill - Bishop's Statement On Sunday ShoppinQ On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from Rev. R. E. Freill of the Diocese of Saint John submitting a statement on Sunday shopping being released by Bishop MacDonald, be received and filed. It was suggested that a letter should be forwarded to the Bishop commending him for his statement. Question being taken, the motion was carried. 27. The Boys & Girls Club Of Saint John Inc. Request To Make Presentation On Grant On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that, in response to the letter from The Boys & Girls Club of Saint John Inc. requesting an opportunity to appear before Common Council on the topic of the reduction of its 2002 grant and the elimination of the 2003 grant, the Club be advised that as the City's 2002 budget has been set, Council will not hear its presentation, and, if the Club wishes to make a presentation on the 2003 budget, it could do so through the budget process in the fall. Question being taken, the motion was carried. 28. Total Golf Management Inc. - Rockwood Park Golf Course & Aquatic DrivinQ RanQe - Enhancements And Fees Consideration was given to a letter from Gerry Connolly, President of Total Golf Management Inc., submitting Annex I and Annex II prepared in response to paragraphs IV. (11), IV. (13) and IV. (15) of the contract with the City with respect to the Rockwood Park Golf Course and Aquatic Driving Range, the former providing a summary of enhancements and accomplishments during the 2001 golf season, the latter including a list of the proposed 2002 fee structure and the proposed plans / enhancements to the golf facilities in 2002. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that Council approve the 2002 fee structure for the Rockwood Park Golf Course and Aquatic Driving Range, as submitted with the letter from Total Golf Management Inc., dated March 18,2002. 88-939 COMMON COUNCIL MARCH 18, 2002 Question being taken, the motion was carried. Adjournment The Mayor noted that the next regular meeting of Common Council in public session would be held on Tuesday, April 2, 2002 at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk