2002-04-22_Minutes
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COMMON COUNCIL
APRIL 22, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-second day of April, AD. 2002, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Court, Fitzgerald,
Fitzpatrick, Titus and Trites
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Groody, Commissioner of Municipal
Operations; W. Butler, Commissioner of Community Services; J.
Baird, Commissioner of Planning and Development; D. Logan,
Purchasing Agent; Ms. M. Totten, Manager of Tourism; R. Khor,
Police Sergeant; Mrs. M. Munford, Common Clerk; and Ms. C.
Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and offered the opening
prayer.
2. Approval Of Minutes
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the minutes of the
meetings of Common Council, held on April 15 and April 16, 2002, be approved.
Question being taken, the motion was carried.
3A. Proclamation
Mayor McAlary proclaimed April 21 to 27,2002 as Volunteer Recognition
Week in the City of Saint John; and noted that Deputy Mayor White was honoured by
PRUDE Inc. at a Polongo Days event on Saturday, April 20, 2002.
(Councillor Trites entered the meeting.)
4. Property Tax Assessments
5. Cost For Translation Of Bv-Iaws
6. ParkinQ Meters At Off-Hours
7. Dana Crisp's Letter On Police Commission Operation
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the letters from Councillor
Teed, under agenda items 4, 5, 6 and 7, be laid on the table.
Question being taken, the tabling motion was carried.
8. United Way Of Greater Saint John - Contributions
Consideration was given to a letter from Councillor Titus submitting a
letter from him, as President of the United Way of Greater Saint John Inc., to the Mayor
and Councillors applauding the employees of the City of Saint John for making a
significant difference in their community with their outstanding contributions of more than
$91,000 to the United Way, helping it exceed its goal of $1,100,000, their contributions
representing by far the highest of any municipal group in New Brunswick and, per capita,
one of the highest in Canada, and acknowledging the efforts of Margaret Totten and
Karen Holyoke, who served as co-chairs of the Municipal Division.
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APRIL 22, 2002
At Councillor Titus' request, the Common Clerk read the above-submitted
letter.
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the above correspondence
from Councillor Titus be received and filed and a copy be placed in Margaret Totten and
Karen Holyoke's personnel file.
Question being taken, the motion was carried.
9. Acquisition Of Land For Street
WideninQ - 335 Union Street
Read a report from the City Manager recommending the acquisition of
land at 335 Union Street as the City of Saint John, as part of its 2002 Capital Projects,
will be widening Crown Street from Paul Harris Street to Union Street by adding an
additional lane, as well as realigning the turn from Crown, west onto Union, and the
subject property is required to facilitate this realignment.
On motion of Councillor Court
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, the City of Saint John purchase the fee simple interest in a 689 :t
square foot portion of PID Number 17830, located at 335 Union Street (as generally
shown on the submitted plan), from General Realty Company, Limited, for $4 per square
foot (plus HST if necessary) and, as part of the transaction, the City of Saint John will:
(1) prepare and pay for any plan of subdivision required for this acquisition; and (2)
where applicable, reinstate the subject property to the same or better condition as
existed prior to construction, including the relocation of shrubbery and the reinstatement
of curb, sidewalk and grass.
Question being taken, the motion was carried.
10. Acquisition Of Municipal Services
Easement - 388-394 Rothesav Avenue
Consideration was given to a report from the City Manager advising of
plans to repair and upgrade the sanitary sewer line in lands at 388-394 Rothesay
Avenue, this sewer line having been installed in the early 1970s with the consent of the
owner but without paying compensation or obtaining documentation and, as payment of
compensation must be addressed before undertaking the upgrade, staff negotiated
compensation; and setting out a recommendation in this regard.
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City of Saint John acquire an easement for municipal services in 915
:t m2 of PID Numbers 55025894, 302828 and 467027,388-394 Rothesay Avenue, as
generally shown on the submitted plan, from 049787 N.B. Inc. and Saint John
Commercial Developers Ltd., respectively, for the purchase price of $23.50 per square
metre, provided that the City of Saint John: (a) pay HST if applicable, and (b) pay to a
maximum of $600 (plus HST) for legal fees incurred by Saint John Commercial
Developers Ltd. and 049787 N.B. Inc. to complete this transaction.
Question being taken, the motion was carried.
11. Tourism 2002 - Preseason Update
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that the report from the City
Manager reviewing the submitted Tourism Saint John 2001 statistics, and updating
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APRIL 22, 2002
Council on 2002 tourism season expectations and pre-season department promotional
initiatives, and providing information on the new Saint John Tourism web sites; and
advising that a comprehensive Venue Saint John report, outlining partnership activities
in the meeting and sport event markets, will follow soon, be received and filed.
Question being taken, the motion was carried.
12. Provision Of LifeQuard Supervision 2002
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council authorize staff to engage the Canada Games
Aquatic Centre to provide lifeguard supervision at City beaches in 2002, as outlined in
the submitted proposal, at a cost of $45,000 plus HS1.
Question being taken, the motion was carried.
13. Request For Public Septic System - Pickard Street
On motion of Councillor Titus
Seconded by Councillor Ball
RESOLVED that the report from the City
Manager advising that, further to Council's April 8, 2002 referral of the request of William
and Lorna Balemans to approve a private septic system at 20 Pickard Street where they
wish to build a house on an existing vacant lot, the Department of Health reported that
this property is substantially smaller than its minimum standard size of one acre and,
while soil conditions are favourable for on-site sewage disposal, it does not support the
installation of on-site sewage disposal where City sewers are available and prefers
connection to municipal sewers; and recommending that the request by William and
Lorna Balemans to install a private septic system at 20 Pickard Street be denied, be
received and filed and the recommendation adopted.
Question being taken, the motion was carried.
14. Request For Curbs & Sidewalks - Rope Walk Road
Read a report from the City Manager advising that, further to Council's
April 2, 2002 referral of Catherine A. White's letter requesting curbs and sidewalks to be
installed along Rope Walk Road with the increase in traffic and use of this road by
pedestrians and expressing concern about the building structure that presently exists as
an unfinished shell at the corner of Rope Walk Road and Somerset Street, the
installation of new concrete curb and sidewalk would first require the renewal of waste
and sanitary facilities from Somerset Street to Millidge Avenue, as well as the installation
of new storm sewers as the condition of underground infrastructure is poor and, should
Council decide to proceed with this work, it would be proposed to complete all
construction in three phases at an approximate total cost of $837,000, and these
projects would be put forward in future capital programs for consideration by Council;
and also advising that staff has been assured that the owners of the partially constructed
building, who began construction "on spec" anticipating the market demand would make
the building relatively easy to sell or lease with the intent of completing only the framing
thereby allowing a future tenant flexibility in choosing exterior finishes and floor layout,
are making every effort to market it and, in that regard, it is in their best interest to
maintain it in an orderly fashion, and staff will continue to monitor the site and bring any
concerns to the attention of the owners.
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that the City Manager's
report in response to Catherine A. White's letter to Council concerning Rope Walk Road
be received and filed.
Question being taken, the motion was carried.
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APRIL 22, 2002
15. Tender For Electrical Maintenance Services
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the tender of Bay Electric Ltd. be accepted for the establishment of a
supply agreement for the provision of electrical maintenance services to City-owned
buildings, with the exception of those identified as water and wastewater treatment
facilities, in accordance with the prices contained in the submitted bid summary, for a
term of 24 months from the date of award by Council.
Question being taken, the motion was carried.
16. Tender For Video Sewer Inspection
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, the tender of Melanson's Waste Management Inc. be accepted, as per the
prices included in the submitted summary of bids, for the provision of video sewer
inspection services for a period of one year from the date of award by Council, with the
option of extending for a further 12 months.
Question being taken, the motion was carried.
17. Tender For Vehicle Rental
On motion of Councillor Titus
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, the tender for the establishment of supply agreements for the
provision of car and light truck rentals, for a period of one year from the date of award by
Common Council, be awarded to the lowest bidder(s) in each case, as indicated in the
submitted summary.
Question being taken, the motion was carried.
18. Water & Sewer BillinQs - Flat Rate Customers
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that, for the billing of water and sewer services to City of Saint John
flat rate water accounts for the year 2002, the annual fee per living unit of $427.50 will
be divided into two charges, half now and the remainder in the second half of the year
and, while it was expected that the annual billing would increase the volume of cash
receipts involved, this was not been the experience as more citizens are contacting City
staff to arrange payment plans; and also advising that collection activity does not
proceed to the final stages until much later than previously because the service covered
by the annual bill is not expired until December 31 and, as customers will receive more
than one billing, interest will accumulate on their account if the balance remains unpaid,
be received and filed.
Mr. Beckett advised that the first bill for the year would be going out
approximately mid-May with a due date of the end of June and the second bill would go
out toward the end of August with a due date of the end of September, providing an
opportunity for citizens to split the payment and making it easier in terms of the collection
process as well.
Question being taken, the motion was carried.
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APRIL 22, 2002
3. Saint John Development Corporation I Waterfront
Development Partnership - Harbourfront Greenwav Project
Consideration was given to a letter from William 1. Grant, Chairman of
the Saint John Development Corporation, and John D. Wallace, President of the Saint
John Waterfront Development Partnership, requesting the opportunity to make a
presentation at this meeting to provide Council and citizens with an update with respect
to the Saint John Harbourfront Greenway Project, during which time they will provide
Council with the first community viewing of the final design options for the Project; and
also advising that the design firm of Daniel K. Glenn Ltd. will be participating in the
presentation, and that a subsequent public input and consultation session will be held to
provide the general public and waterfront stakeholders with a further opportunity to
provide public feedback on the proposed final design options. Consideration was also
given to a brief (copies of which were distributed to the Council members this meeting),
including information on which a computer-aided presentation would be made at this
meeting, including an agenda for the presentation, a summary of the status of the
Harbourfront Greenway Project, graphics and plans for Harbourfront Passage Du Port
prepared by Daniel K. Glenn Ltd., Landscape Architects & Park Planners, comments on
community benefits, as well as on capital cost and fundraising issues.
William Grant, in addressing Council, advised that the final designs for the
Harbourfront Greenway Project to be presented were tentative in that, while well along
the way, they were still open for input from both Council and the public; noted the intent
for Mr. Wallace to update Council on the status of the project and discuss some of the
financial costs and financing options being considered, as well as the path forward, and
for Daniel Glenn, President of Daniel K. Glenn Ltd., to present the final design elements.
Mr. Grant recognized the presence at the meeting of Partnership staff Neil Jacobsen and
Carolyn Walker, Co-Chair of the Project Bill MacMackin, and Charles Swanton of the
Development Corporation, as well as City staff Bill Butler, Co-Chair of the Project, and
Margaret Totten, and acknowledged the other members of the Harbourfront Greenway
Working Group; and highlighted the Partnership's activities through its various working
groups.
John Wallace noted that the purpose of this presentation was to respond
to any questions and get Council's input on the tentative final designs for the Project,
with no request being made at this time for funding approval; summarized the
Partnership's focus in 2002 on three fundamental priorities, being to (1) develop an
inner-Harbour master plan, (2) assist the City in the acquisition of the Coast Guard site,
and (3) develop the Harbourfront Greenway; and reviewed the objectives of the
Greenway in providing public access to the waterfront and a source of pride to the City,
encouraging residential and commercial development in the downtown core, holding and
expanding cruise ship and tourism business and business, and furthering the potential
development of the Fort LaTour site. Mr. Wallace summarized the Project from 2001
with the completion of conceptual design through to the target completion date for the
design elements in May 2002 and the subsequent construction of Phase 1 from Market
Slip to Chesley Drive at the Brunswicker in 2002 and Phase 2 along Chesley Drive to the
foot of Bentley Street in 2003, noting the capital fund-raising effort launched in January
2002. In terms of cost, Mr. Wallace advised that the estimated capital cost for Phase I
and Phase II, respectively, would be approximately $1.9 million and approximately
$500,000, for a total of approximately $2.4 million, and the $500,000 would not include
the work that would be required to protect the bank that is eroding along Chesley Drive;
and made the observation that construction, if the Project were to proceed, would
depend upon funding and the group would certainly want to see Phase I proceed this
year and, while the group was optimistic with respect to applications for funding it has
made and has also introduced a Harbour Passage Fund with various sponsorship levels,
the Project was very much a City of Saint John project, requiring Council's approval and
endorsement, as well as leadership in terms of funding, thus he would be back again
following the public input session on Wednesday, April 24, 2002,to report on the public
response and hopefully convince Council to invest capital money in this Project this year.
Daniel Glenn referenced the snapshots, graphics, drawings and maps
included in the information distributed to Council at this meeting, as well as other
illustrations as part of his computer-aided presentation, in reviewing the plans and
rationale for the proposed trail, pointing out the trail route, the use of a naval-type colour
scheme of blue, white and brass, and the logo, Harbour Passage Du Port, with markers
including a ship wheel, a red sweep which is the symbol representing a trail in the
Federal and Provincial advertising for trails, and three blue sweeps representing water or
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also perhaps the three founding cultures of the area. Mr. Glenn apprised Council of
topics identified for, and the design of, interpretative and orientation panels for
placement along Phases I and II of the Greenway, as well as the intent to use images
and designs depicting the nature of the Port as a working port and signal flags to entice
movement along the trail, and described the type of lamp standards, benches, bike racks
and locker storage units and trash receptacles proposed. Mr. Glenn explained that the
twelve-foot wide red asphalt surface proposed for the walkway would give it a distinctive
look, signify to motorized vehicles that it was not a traditional road surface and to keep
off, and provide a multi-purpose year-round trail for activities, including skateboarding
and roller blading. Mr. Glenn provided a visual tour of Phases 1 and II of the trail,
describing the manner in which various sections could be enhanced and areas where
interpretative centres and panels, signage, wetlands and lookout areas could be located
and parking, play areas and public washrooms could be provided; and commented
briefly on the connection across Chesley Drive and up Bentley Street to, hopefully,
eventually tie into a trail system through to the Reversing Falls and onto other trails.
Mr. Wallace, in response to questions, advised that the Partnership would
not proceed to call proposals unless the funding was in place and, in terms of the
construction season, the project should probably be underway no later than August 1,
2002 and, as for the capital costs associated with Phases I and II, advised that different
components could be added to the Phases in that, for example, the cost of the
playground referenced by Mr. Glenn had not been fixed in the budget and it could be
that an organization, a company or an individual might wish to do the playground.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the presentation by the
Saint John Development Corporation and the Saint John Waterfront Development
Partnership, on the Harbourfront Greenway Project, be received and filed.
Question being taken, the motion was carried.
(Councillor Ball withdrew from the meeting.)
19. ZoninQ Bv-Iaw Amendment - 340 Rothesav Avenue
On motion of Councillor Fitzpatrick
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John",
be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 100-591 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John",
by (1) adding the following to the list of zones in Section 30(1): "special zones SZ#9; (2)
adding the following as Section 740(9): "(9) Special Zone #9 (SZ#9): (a) Uses - Any
land, building or structure may be used for the purpose of, and for no other purpose
than, (i) the following uses: - all uses permitted in Section 620(1)(a); (ii) the following
uses subject to such terms and conditions as may be imposed by the Committee: a club
or lounge; all other uses permitted in Section 620(1)(b); (iii) subject to Section 830, an
accessory building, structure or use, incidental to a use, building or structure permitted in
this zone; (b) Zone Standards - Standards for development in Special Zone #9 shall be
as set out in Section 620(3), and Section 810 to 910 where this zone shall be considered
an "1-1" zone, an "I" zone, or an industrial zone, as the case may be. "; and (3) re-zoning
a parcel of land located at 340 Rothesay Avenue (PID Number 308601), having an area
of approximately 4,330 square metres (46,609 square feet), from "1-1" Light Industrial to
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APRIL 22, 2002
"SZ#9" Special Zone #9 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. 100-591 A
Law To Amend The Zoning By-law Of The City Of Saint John".
20. 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 Tuesday, April 16, 2002, when there
were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Court,
Desmond, Fitzgerald, Teed and Titus, and your Committee submits the following
recommendation, namely:
1. That as recommended by the City Manager, (1) Common Council rescind
is resolution of April 17, 2001 pertaining to the exchange of lands with Barsa Ventures
Ltd.; (2) the City of Saint John subdivide and sell a 5.77-hectare :t portion of PID Number
51771 off Boars Head Road, as generally shown on the submitted plan 2, to Barsa
Ventures Ltd. in consideration of a 3.5-hectare :t portion of PID Number 55152599, as
generally shown on the submitted plan 2, plus $6,070 (plus HST, if applicable), and
Barsa Ventures Ltd. prepare and pay for all necessary subdivision plans, provided Barsa
Ventures Ltd. has entered into an agreement to exchange land with the First Wesleyan
Church (or its legal entity), and further that the Mayor and Common Clerk be authorized
to execute the transfer and related documents; and (3) Common Council authorize the
solicitation of development proposals for the sale and development of a 27 -acre :t
portion of PID Number 51771, as generally shown on the submitted plan 1, from all
abutting landowners (of parcels one acre or more) to include individuals or companies
known to have an interest in an abutting parcel and, as part of the proposal call, all
bidders will be advised that the City of Saint John is not explicitly nor implicitly obligated
to accept any submission.
April 22, 2002,
Saint John, N.B.
Respectfully submitted,
(sgd) Shirley McAlary,
C h air man.
20.1. Requests To Purchase City Land
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
21. Board of Trustees Of City Of Saint John
Pension Plan - 2001 Annual Report
Consideration was given to a letter from Mayor McAlary, Chair of the
Board of Trustees of the City of Saint John Pension Plan, submitting the Board's 2001
Annual Report, advising of the Board's investment policy, as well as the performance of
the investment managers and also that, at the time of preparation of this report, the
Board was conducting a call for proposals for replacement of its Canadian Equity
Manager; and also advising the number of active and retired participants in the Plan, and
the current members on the Board of Trustees.
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On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the 2001 Annual Report of
the City of Saint John Pension Plan be received and filed.
The Mayor noted a correction in the net asset amounts in the above
letter, the net assets of the Plan at December 31, 2001 having been $255,775,647,
compared to $275,374,752 at December 31,2000, rather than as indicated; and named
the Trustees of the City's Pension Plan and commended them for their dedication to
ensuring that the Plan was in the hands of good managers doing the best of their ability
to invest the monies in the Fund; and Mr. Beckett highlighted the 2001 Annual Report,
commenting on the results of an actuarial review completed in November 2001 and on
an actuarial valuation conducted of the Plan as of December 31, 2000, as well as on the
number of active and retired participants in the Plan
Question being taken, the motion was carried.
22. Wilson & Jeanette Dobbin - Re-Zoning
Of 231-233 Golden Grove Road
On motion of Councillor Trites
Seconded by Councillor Titus
RESOLVED that the application of Wilson
and Jeanette Dobbin for the re-zoning of property located at 231-233 Golden Grove
Road 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, May 27,2002 at 7:00 o'clock p.m.
Question being taken, the motion was carried.
23. Saint John Police Force - Support For Road Race
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that, with regard to the
letter from Sgt. John Parks of the Saint John Police Force requesting a donation to the
Force's 4th annual 'Catch The Bug' road race, a joint fund-fund raising event with the
Juvenile Diabetes Research Foundation, a grant of $150 be approved.
Question being taken, the motion was carried.
Adjournment
The Mayor noted the next regular meeting of Common Council in open
session on May 6,2002, and declared the meeting adjourned.
Common Clerk