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2002-12-02_Minutes 89-393 COMMON COUNCIL DECEMBER 2, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of December, A.D. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzgerald, Teed and Titus - 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. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. M. Totten, Manager of Tourism; 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. Roger Graham of Forest Hills Baptist Church offered the opening prayer. The Mayor noted the "Keep Christ In Christmas" service to be held at the Cathedral on the evening of December 3, 2002. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meeting of Common Council, held on November 25, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 23-25 Jean 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 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, to allow an accessory building at the rear of the property to become a dwelling unit for an immediate family member, as requested by Alfred Milton Welch, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a petition of support from surrounding property owners considered by the Committee at its November 26, 2002 89-394 COMMON COUNCIL DECEMBER 2, 2002 meeting at which Alfred Welch, the landowner, appeared in support of the staff recommendation, and the Committee adopted the staff recommendation and also granted the requested variances with the recommended conditions, one of which requires the execution of a Section 101 agreement; and recommending that Common Council (1) re-zone an area of land located at 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would limit the use of the re-zoned area to a maximum of three dwelling units; and (2) authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act incorporating the conditions imposed by the Planning Advisory Committee regarding the establishment of a granny suite at 23-25 Jean Street. On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By- law Number C.P. 100-606 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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. Read a first time the by-law entitled, "By-law Number C.P. 100-606 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. 100-606 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement pursuant to Section 1 01 of the Community Planning Act incorporating the conditions imposed by the Planning Advisory Committee regarding the establishment of a granny suite at 23-25 Jean Street. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-606 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 correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. Tourism Promotion In Greater Saint John Read a report from the City Manager submitting a document entitled, "Tourism Promotion In Greater Saint John 2003-2005", prepared by City staff, Matthew Fisher & Associates Ltd. and Enterprise Saint John having requested City staff to provide a copy of the Tourism Division's marketing plan so that a portion could be incorporated into the final growth strategy document for the region; and recommending 89-395 COMMON COUNCIL DECEMBER 2, 2002 that Common Council approve the contents of the submitted document and a copy be forwarded to Enterprise Saint John for possible inclusion in the growth strategy currently being prepared. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the above report from the City Manager be laid on the table on the basis that it relates to budgetary matters. The Mayor noted that this matter would be discussed during the budget process prior to it coming back to open session of Council. Question being taken, the tabling motion was carried. 6. Capital Improvement Program - Provinciallv DesiQnated HiQhwavs Consideration was given to a report from the City Manager submitting a proposal for the 5-year Provincially Designated Highways Capital Improvement Program for Council's approval, further to the Province's request to Council on October 28, 2002. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the submitted Provincially Designated Highways 5-year Capital Improvement Program for the years 2003-2007 be adopted by Common Council and submitted to the Director of Design, Department of Transportation. Question being taken, the motion was carried. 7. Additional Costs - Contract 2001-11 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report the City Manager summarizing the final contract cost of $335,370.75 for Contract 2001-11, Crown Street reconstruction for which the tendered amount was $278,285.50; and advising that, with regard to the total additional cost of $57,085.25, the City will be reimbursed by Saint John Energy for $9,297.31, the City's eligible HST rebate is $24,995.33, leaving a net cost over-expenditure of $22,792.61 which is within the approved Capital Budget envelope for 2001, be received and filed. Question being taken, the motion was carried. 8. Tender For Washroom Facilities On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the tender of Choice Building in the amount of $76,531, plus tax, be accepted to construct the washroom facilities at Fallsview Park. Question being taken, the motion was carried. 9. Drain FlushinQ At 154-156 KinQ Street East On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to Jon MacQueen's request to Council on November 4, 2002 to be reimbursed $1,806 which he paid for the flushing of a plugged sewage lateral at 154-156 King Street East in May 2000, a total of $552 is what is owed Mr. MacQueen 89-396 COMMON COUNCIL DECEMBER 2, 2002 and the remainder of the bill is attributable to the expense involved in gaining access to the lateral from inside the basement - a cost entirely the responsibility of the homeowner, and also that all this was explained to the homeowner by staff further to Mr. MacQueen's letter to Council on October 10, 2000 in this regard; and recommending that Jon MacQueen be offered a reimbursement for flushing, vacuuming and video work, of a total $552, including HST, such reimbursement being paid upon his signing an affidavit of evidence and witnessed release as per current policy, be received and filed and the recommendation adopted. Councillor Desmond questioned the cost to the homeowner in view of the blockage being on City property. Question being taken, the motion was carried with Councillors Desmond and Teed voting "nay". 10. Traffic & Weight Restrictions By-laws Truck Traffic On Ocean Westwav On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, with regard to the City's request to the Provincial Department of Transportation that a part of Ocean Westway (Route 100) between Route 7 and Route 1 be designated as a no truck route, the City has received approval to de-designate Route 100 between the exit from Route 7 and the Lorneville Interchange as a truck route, as indicated in the submitted letter from the Department of Transportation, and the City's Traffic By-law will have to be amended to change the limits of the truck route and the Weight Restrictions By-law will also have to be amended, and recommending that the Traffic By-law and the Weight Restrictions By-law be amended as indicated, and referred to the Legal Department for preparation of the appropriate By-law amendments, be received and filed and the recommendation adopted. It was suggested that, if acceptable to Councillor Teed, his letter under agenda item 21 on West Saint John truck route issues should be included in the above motion, and the Mayor suggested that item 21 should be referred not just to the Legal Department but to the City Manager as well because it also referenced signage. Question being taken, the motion was carried. 21. West Saint John Truck Routes On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Teed referring to the section of the Saint John Throughway Access and Truck Traffic Study dealing with Ocean Westway which, over the years, has been the subject of numerous residential complaints regarding truck traffic routes through residential areas of West Saint John, and proposing that the City take the necessary action to request the Department of Transportation to remove the Highway Route 100 segment from Manawagonish Road to King William Road as a designated truck route, be referred to the City Manager and, if necessary, the City Solicitor. Question being taken, the motion was carried. 11. Public Utilitv Easement - 133-139 McAllister Drive Read a report from the City Manager advising that, further to the May 13, 2002 public hearing for the re-zoning of the former Simonds Arena site at 125-127 McAllister Drive at which time Council assented to a municipal services easement for an existing sewer that crossed the site, no provision was made for the assent of any necessary public utility easements, and the building has since been constructed and serviced by underground public utilities along the rear and require a 10-metre (33-foot) wide public utility easement to protect them. 89-397 COMMON COUNCIL DECEMBER 2, 2002 On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan of 133-139 McAllister Drive illustrating a 10-metre (33-foot) public utility easement along the rear property boundary. Question being taken, the motion was carried. 12. Wind EnerQV Feasibilitv Study - New Initiatives On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager referring to the Federal Government's commitment of $2.65 billion over six years to reduce greenhouse gas emissions and to the Federation of Canadian Municipalities' response to this initiative by the establishment of the Green Municipal Enabling Fund of $50 million to assist municipalities in carrying out studies and implementing projects that would improve air, water or soil quality, protect the climate or promote renewable energy sources; and advising of the intention of City staff, in association with Saint John Energy, UNBSJ and other local community groups, to apply for a grant through the Green Municipal Enabling Fund to conduct a feasibility study at a projected cost of $100,000 to explore possibilities of producing wind power in the Saint John area and, if funds are approved, FCM will pay half and the remaining half will be shared equally by the three project partners, with the City's share to be approximately $16,700, be received and filed. Question being taken, the motion was carried. 13. AQreement For AudioNisual Equipment Read a report from the City Manager advising of the need to improve the quality of equipment in the Council Chamber, this having been a concern for many years as it is used routinely by those making presentations to Council, to the Planning Advisory Committee and to others who from time-to-time use the Council Chamber, and further highlighted by the requirement to have public meetings of Council, the Planning Advisory Committee and other commissions available in both official languages. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve the proposal of Aliant Telecom for the supply and installation of audiolvisual equipment within the Council Chamber at a cost of $62,113 plus HST as per its proposal dated November 28, 2002. Question being taken, the motion was carried. 14. 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, November 25, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites, and your Committee submits the following recommendation, namely: 89-398 COMMON COUNCIL DECEMBER 2, 2002 1. That Council adopt the following Common Council meeting schedule for the months of January, February and March, 2003: January 6, January 13, January 20, February 3, February 10, February 17, March 3, March 10, March 17, and March 24. December 2, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1. Council MeetinQ Schedule On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Titus expressed the view that Council meets far too often and that twice a month would be more than sufficient. Question being taken, the motion was carried with Councillor Titus voting "nay". 15. Planning Advisory Committee - Section 101 AQreement - 35 Station Road On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement, pursuant to Section 101 of the Community Planning Act, which incorporates the following conditions to the granting of variances for the property at 35 Station Road: (a) the use of the proposed garage is limited to storage of the property owners' personal vehicles and household items, (b) the property owner shall maintain a treed buffer to screen the proposed building from adjoining residences, in accordance with a site plan to be prepared by the proponent and subject to the approval of the Development Officer, (c) the proper owner shall construct the proposed building in accordance with detailed elevation plans to be prepared by the proponent and subject to the approval of the Development Officer, (d) the property owner shall install an alarm system in the proposed building, and shall ensure that it is in working order at all times; and (e) the property owner shall enter into an agreement, pursuant to Section 1010f the Community Planning Act that incorporates conditions (a) to (d). Question being taken, the motion was carried. 16. Distinction Received Bv City ManaQer Read a letter from Councillor Teed advising that he was pleased to hear that City Manager Terry Totten has been honoured by being elected as a Fellow of the New Brunswick Institute of Chartered Accountants; and proposing that Council record its recognition of this distinction received by the City Manager and extend its congratulations. On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that Common Council extend congratulations to the City Manager on his election as a Fellow of the New Brunswick Institute of Chartered Accountants. Question being taken, the motion was carried. 89-399 COMMON COUNCIL DECEMBER 2, 2002 17. Launch Of Mind Care Collection Of Resources On Mental Health And Wellness Read a letter from Councillor Teed commenting on the launch of the Mind Care Collection of Resources on Mental Health and Wellness at the Saint John Regional Library. Councillor Teed proposed a motion, which was not seconded, that a letter of congratulations be sent from Council to the Saint John Consumer Health Library Committee which is responsible for the collection and its presentation to the public. 18. Residence Requirements Consideration was given to a letter from Councillor Teed setting out what he feels is relevant to the matter of a municipality's right to impose residential requirements for its employees; and proposing a policy that (1) all applications for employees hereafter state as a condition of employment the individual must reside in the City; (2) all applications for employment must state preference of hiring will be given to present City residents; (3) where no suitable applicant is a resident in the City, the best non-resident applicant will be allowed six months to relocate in the City; (4) present employees who have permanent residences outside the City may be grandfathered as to residence; (5) no promotion or advancement will be given to non-resident employees unless they undertake to relocate within the City; and (6) when collective agreements conflict with any of the above, negotiations be commenced to endeavour to resolve such conflicts. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above letter from Councillor Teed be referred to the City Solicitor. The Mayor, noting Council's previous referral of this issue, advised that the City Solicitor indicated to her that he was working on a report for Council. Question being taken, the motion was carried. 19. Information Discussed In Closed Session Read a letter from Councillor Court advising that he would like to discuss information being passed on to the media that has been discussed in closed session, as this is a serious breach of confidentiality and it must stop. The Mayor asked for a motion in the above regard, and Councillor Court proposed that the members of Council honour the practice of not divulging any information discussed behind closed doors that deals with land, legal and labour issues, and that the Council members be asked for a commitment to honour that practice; and expressed the view that, if there was no commitment or penalty, there would be no purpose in having closed door meetings. The Mayor advised that she did not think the Municipalities Act provided for such, and suggested that, as Councillor Court has given his message, the above letter should be received and filed. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the above letter from Councillor Court be received and filed. Mr. Nugent advised that, generally, Council has the authority to establish procedures and, if those procedures were violated by one of its members, the member in question would be subject to the approbation of the rest of the Council, but there was no formal disciplinary authority that Council has with respect to any of its members short of a member taking some action that resulted in liability being incurred by the City where it would not have occurred had that comment not been made. Question being taken, the motion was carried. 89-400 COMMON COUNCIL DECEMBER 2, 2002 20. Alternative Service Deliverv Models On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Titus advising that, recently, he has been reading information related to alternative service delivery models used by many municipalities, one such example is the project now being undertaken by the City of Moncton respecting ballfields and arenas, which he understands involve some sort of public-private partnership, be referred to the City Manager to investigate and report back to Council the pros and cons of following a similar approach for arenas, ballfields or any other facilities provided by the City of Saint John. Question being taken, the motion was carried. 22. CommuniTek 2000 Limited - Re-ZoninQ Of 11 KinQ William Road On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from CommuniTek 2000 Limited advising its support of the re-zoning of 11 King William Road, be received and filed and its content not be considered in Council's deliberations with respect to the proposed re-zoning of the subject property. Mr. Nugent expressed the view that, as the above letter arose from a public hearing Council held with respect to the re-zoning of the property in question, Council, to preserve the integrity of the process and ensure the validity of any action it might take following from that public hearing, should not be considering any representations made subsequently, thus it would be advisable for the record for Council to adopt a resolution to receive and file the above letter but that its content not be considered in Council's deliberations respecting the proposed re-zoning of the property. Question being taken, the motion was carried. 23. Derek Chase - Condition Of BuildinQ On KinQ Street On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Derek Chase expressing the opinion that a building on King Street which has had plywood in the front where windows used to be is a continuing affront to the sensibilities of the citizens of Saint John and it is inconceivable to him that a City interested in tourism would allow this blatant symbol of urban blight to continue to stand; and asking Council to take the necessary action to require the building owner to remove the plywood, put windows in and put coverings on them, be referred to the City Manager to have discussions with the owner in an attempt to rectify the situation. Question being taken, the motion was carried. 24. Vincent Catton - Amendment To Section 39 Conditions Of Re-ZoninQ 1099 Golden Grove Road On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the application of Vincent Catton for an amendment to the Section 39 conditions of re-zoning of the property located at 1099 Golden Grove 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, January 20,2003, at 7:00 o'clock p.m. Question being taken, the motion was carried. 89-401 COMMON COUNCIL DECEMBER 2, 2002 25. Maxwell Realtv Ltd. - Re-ZoninQ Of Cheslev Drive Property On motion of Councillor Desmond Seconded by Councillor Fitzgerald 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, January 20,2003, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. Arthur J. Melanson - Residential Parking And Snow Removal Study - Central Peninsula Consideration was given to two letters from Arthur J. Melanson, one which was tabled at the last meeting, regarding the Residential Parking and Snow Removal Study of the Saint John Central Peninsula. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letters from Arthur J. Melanson regarding the notice for an open house with regard to the Residential Parking and Snow Removal Study of the Saint John Central Peninsula, be referred to the Saint John Parking Commission. Question being taken, the motion was carried. 27. East Saint John Business Association - Request To Make Presentation On Rothesav Avenue 2003 Schedule Of Work On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the East Saint John Business Association requesting an opportunity to appear before an open session of Common Council to share some suggestions about the scheduling of road work on Rothesay Avenue during the 2003 construction season, be received and the Association be scheduled to make a presentation to Council early in 2003. Question being taken, the motion was carried. 28. Pat Dashwood - Replacing Water Pipe On Colpitts Avenue & Part Of Ocean Westwav On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Pat Dashwood advising of City staff's efforts, since early spring of 2002, to improve the quality of the drinking water on Colpitts Avenue, the suggestion of Manager of Water and Sewerage Services Peter Hanlon being to try to put the replacement of some of the water pipes in the 2003 budget, and asking for assistance in this regard, be referred to the Capital Budget. Question being taken, the motion was carried. 29. Loyalist Zone, New Brunswick Seniors Federation - Support Of Vision Statement On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the letter from the Loyalist Zone, New Brunswick Seniors Federation, advising its support of the vision 89-402 COMMON COUNCIL DECEMBER 2, 2002 statement as proposed by Councillor Teed in his letter considered by Council on August 6, 2002, be received and filed. Question being taken, the motion was carried. 30. Saint John Board Of Trade - Vision Statement For City On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Board of Trade commenting on the "draft" vision statement proposed by Councillor Teed to Council on August 6, 2002, be received and filed. Question being taken, the motion was carried. 31. Forest Hills School - Effect Of Budgetary Process On Services Offered Bv East Branch Librarv On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the letter from the Forest Hills School advising its concern about the current budgetary process that may realize a reduction in services presently being offered by the East Library Branch, be referred to the budget process. Question being taken, the motion was carried. Adiournment The Mayor, noting that the next Council meeting would be held on December 9,2002 commencing at 7:00 o'clock p.m., declared the meeting adjourned. Common Clerk