2013-10-28_Agenda Packet--Dossier de l'ordre du jour
City of Saint John
Common Council Meeting
AGENDA
Monday, October 28, 2013
6:00 pm
8th Floor Boardroom, City Hall
Si vous avez besoin des services en francais pour une réunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1.Call to Order - Prayer
1.1 Presentation of Certificate to Ian Wilson
2.Approval of Minutes
2.1 Minutes of October 7, 2013 2 - 8
2.2 Minutes of October 15, 2013 9 - 15
3.Approval of Agenda
4.Disclosures of Conflict of Interest
5.Consent Agenda
5.1 M&C 2013-230 Street Closures Portions of Waterloo, Golding and Rebecca
(Recommendation in Report)
16 - 17
5.2 M&C 2013-237 Contract 2013-18: Watermain Cleaning and Lining Phase 9
(Recommendation in Report)
18 - 19
5.3 M&C 2013-229 North Star Holdings Ltd. - Residential Infrastructure Assistance
Grant (Recommendation: Receive for Information)
20 - 23
5.4 M&C 2013-235 Appointment of Bylaw Enforcement Officer (Recommendation in
Report)
24 - 25
5.5 M&C 2013-231 Public Hearing Dates 7 Sherwood Drive, 233 Lancaster Street,
4105 Loch Lomond Road and 55, 61, 67 and 72-74 Old Lake Trail
(Recommendation in Report)
26 - 27
1
5.6 Saint John Theatre Company - Request for Financial Support
(Recommendation: Refer to 2014 Budget)
28 - 44
5.6.1 Saint John Theatre Company - Fundy Fringe 2014 (Recommendation:
Refer to 2014 Budget)
45 - 79
5.7 Saint John Adventures Letter Re Capital Budget Proceedings
(Recommendation: Refer to 2014 Budget)
80 - 80
5.8 Lord Beaverbrook Rink Letter Re Capital Program (Recommendation: Refer to
2014 Budget)
81 - 82
5.9 M&C 2013-238 Saint John City Market - Lease of Space - Stalls 12, 13 and 14
(Recommendation in Report)
83 - 110
6.Members Comments
7.Proclamation
8.Delegations / Presentations
8.1 Uptown Saint John Inc. Presentation - 2014 Priorities 111 - 139
8.1.1 Presentation Made to Council 140 - 161
9.Public Hearings
10.Consideration of By-laws
11.Submissions by Council Members
11.1 1 Mile Interchange Truck Traffic Report (Councillor Farren)162 - 162
11.2 Helping Residents with Problems Connected to City Hall (Councillor Farren)163 - 163
11.3 Watershed Management Plan (Councillor Farren)164 - 164
11.4 Westgate Flooding Issue (Councillor Farren)165 - 165
11.5 PRO Kids Selling Advertising Space at Community Rinks (Deputy Rinehart)166 - 166
11.6 Live Web Video Cam at King's Square Bandstand (Councillor Norton)167 - 167
11.7 Open Data Policy (Councillor Norton)168 - 169
11.8 Budget Document (Mayor Norton)170 - 170
12.Business Matters - Municipal Officers
12.1 M&C 2013-234 Demolition of the Vacant, Unoccupied, Dilapidated and
Abandoned Buildings at 30 Patricia Lane (PID #48926)
171 - 211
2
12.2 M&C 2013-233 Demolition of Vacant,Unoccupied, Dilapidated, and Fire
Damaged Building at 175 Pitt Street (PID #5041)
212 - 251
12.3 Council Priority Update Session Scheduling 252 - 253
12.4 M&C 2013-232 Council Session: ZoneSJ 254 - 255
12.5 M&C 2013-236 Owner's Engineer - Safe, Clean Drinking Water Project 256 - 259
13.Committee Reports
13.1 Finance Committee - 2012 Audited Financial Statements 260 - 317
13.1.1 Council Presentation 2012 Financial Statements 318 - 344
14.Consideration of Issues Separated from Consent Agenda
15.General Correspondence
16.Supplemental Agenda
17.Committee of the Whole
17.1 Committee of the Whole: Recommended Appointments to Committees 345 - 345
17.2 Committee of the Whole: Scheduling of Committee of the Whole Meeting on
November 4, 2013
346 - 346
17.3 Committee of the Whole: Nominating Committee - Recommended
Appointments to Committees
347 - 347
18.Adjournment
3
City of Saint John
Common Council Meeting
Monday October 28, 2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8th Floor Boardroom City Hall
1.1 Minutes
1.1.1 Minutes October 7, 2013
1.1.2 Minutes October 15, 2013
1.2 Financial Matter 10.2(4)(c)
1.3 Land Matter 10.2(4)(d)
1.4 Employment Matter 10.2(4)(j)
1.5 Legal Opinion 10.2(4)(f)
1.6 Personal Information 10.2(4)(b)
1.7 Nominating Committee 10.2(4)(b)
1.8 Legal Opinion 10.2(4)(f)
1.9 Legal Opinion 10.2(4)(f)
1.10 Legal Opinion 10.2(4)(f)
1
The City of Saint John
Séance du conseil communal
Le lundi 28 octobre 2013
18 h Salle du conseil
Comité plénier
1. Ouverture de la séance
Si vous avez besoin des services en français pour une réunion de Conseil Communal,
veuillez contacter le bureau de le greffier communal au 658-2862.
Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en
privé en vertu des dispositions prévues à l'article 10 de la Loi sur les municipalités. Le
conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique :
16 h 30 – Salle de conférence, 8e étage, hôtel de ville
1.1 Procès-verbaux
1.1.1 Procès-verbal du 7 octobre 2013
1.1.2 Procès-verbal du 15 octobre 2013
1.2 Question financière – alinéa 10.2(4)c)
1.3 Question relative aux biens-fonds – alinéa 10.2(4)d)
1.4 Question relative à l'emploi – alinéa 10.2(4)j)
1.5 Avis juridique – alinéa 10.2(4)f)
1.6 Renseignements personnels – alinéa 10.2(4)b)
1.7 Comité des candidatures – alinéa 10.2(4)b)
1.8 Avis juridique – alinéa 10.2(4)f)
1.9 Avis juridique – alinéa 10.2(4)f)
1.10 Avis juridique – alinéa 10.2(4)f)
Séance ordinaire
1. Ouverture de la réunion, suivie de la prière
1.1 Présentation d'un certificat à Ian Wilson
2. Approbation de procès-verbaux
2.1 Procès-verbal du 7 octobre 2013
2.2 Procès-verbal du 15 octobre 2013
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'intérêts
5. Questions soumises à l'approbation du conseil
5.1 M/C 2013-230 : Fermetures de tronçons des rues Waterloo, Golding et
Rebecca (recommandation figurant au rapport)
5.2 M/C 2013-237, contrat no 2013-18 : Nettoyage et revêtement intérieur de
la conduite d'eau principale, phase 9 (recommandation figurant au rapport)
5.3 M/C 2013-229 : North Star Holdings Ltd. – Subvention du programme
d'aide à l'infrastructure résidentielle (recommandation : accepter à titre
informatif)
5.4 M/C 2013-235 : Nomination d'un agent d'exécution des arrêtés
municipaux (recommandation figurant au rapport)
5.5 M/C 2013-231 : Dates d'audiences publiques relatives au 7, promenade
Sherwood, au 233, rue Lancaster, au 4105, chemin Loch Lomond et aux
55, 61, 67 et 72-74, sentier Old Lake (recommandation figurant au
rapport)
5.6 Compagnie théâtrale de Saint John – Demande de financement
(recommandation : renvoyer au budget de 2014)
5.6.1. Compagnie théâtrale de Saint John – « Fundy Fringe 2014 »
(recommandation : renvoyer au budget de 2014)
5.7 Lettre de Saint John Adventures concernant les procédures du budget
d'immobilisations (recommandation : renvoyer au budget de 2014)
5.8 Lettre de l'aréna Lord Beaverbrook concernant le programme
d'immobilisations (recommandation : renvoyer au budget de 2014)
5.9 M/C 2013-238 : Marché municipal de Saint John – Location d'étal aux
nos 12, 13 et 14 (recommandation figurant au rapport)
6. Commentaires présentés par les membres
7. Proclamation
8. Délégations et présentations
8.1 Uptown Saint John Inc. – Présentation des priorités de 2014
8.1.1. Présentation faite au conseil
9. Audiences publiques
10. Étude des arrêtés municipaux
11. Interventions des membres du conseil
11.1 Rapport de circulation de camions sur l'échangeur d'un mille (conseiller
Farren)
11.2 Aide aux résidents ayant des problèmes en lien avec l'hôtel de ville
(conseiller Farren)
11.3 Plan de gestion des bassins versants (conseiller Farren)
11.4 Problème d'inondation dans le parc Westgate (conseiller Farren)
11.5 Vente d'espace publicitaire par PRO Kids aux patinoires communautaires
(mairesse suppléante Rinehart)
11.6. Caméra Web en direct du kiosque à musique du King's Square (conseiller
Norton)
11.7. Politique d'accès libre aux données (conseiller Norton)
11.8. Budget (maire Norton)
12. Affaires municipales évoquées par les fonctionnaires municipaux
12.1 M/C 2013-234 : Démolition des bâtiments vacants, délabrés et abandonnés
au 30, allée Patricia (NID 48926)
12.2 M/C 2013-233 : Démolition du bâtiment vacant, délabré et endommagé
par un incendie au 175, rue Pitt (NID 5041)
12.3 Planification d'une réunion de mise à jour des priorités du conseil
12.4 M/C 2013-232 : Réunion du conseil : ZoneSJ
12.5 M/C 2013-236 : Ingénieur du propriétaire – Projet sur la salubrité et la
propreté de l'eau potable
13. Rapports déposés par les comités
13.1 Comité des finances – États financiers vérifiés de 2012
13.1.1. Présentation par le conseil des états financiers de 2012
14. Étude des sujets écartés des questions soumises à l'approbation du conseil
15. Correspondance générale
16. Ordre du jour supplémentaire
17. Comité plénier
17.1 Comité plénier : Recommandations de nominations pour siéger aux
comités
17.2 Comité plénier : Planification de la séance du comité plénier pour le
4 novembre 2013
17.3 Comité plénier : Comité des candidatures – Recommandations de
nominations pour siéger aux comités
18. Levée de la séance
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COMMON COUNCIL/CONSEIL COMMUNAL
OCTOBER 7, 2013/LE 7 OCTOBRE 2013
COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN
CITY HALL – OCTOBER 7, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; W. Edwards,
Commissioner of Transportation and Environment Services; A.
Poffenroth, Deputy Commissioner of Growth and Community
Development; J. Hamilton, Commissioner of Growth and
Community Development; N. Jacobsen, Commissioner of
Strategic Services; Sgt. S. Osborne, Sergeant-at-Arms; K.
Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting
Deputy Common Clerk.
1. Call To Order – Prayer
Mayor Norton called the meeting to order and Rev. R. Ingalls, Trinity Church, offered the
opening prayer.
2. Approval of Minutes
2.1 September 23, 2013 Minutes
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on September 23, 2013 be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Waiving of the Conditions of Sale of former
Freedom and Vimy Courts to Vimy Estates Inc. for Development of Senior Apartment
Complex; 16.2 Committee of the Whole: Freedom of the City; 16.3 Priorities Update
(Mayor Norton); and 16.4 Proclamation: Fire Prevention Week.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2013-
215: Amendment to Terms for an Easement for Public Utilities 170 Prince William Street
- Saint John High School, the Common Council resolution adopted December 10, 2012
regarding the acquisition of an easement for public utilities, located at civic #170 Prince
William Street (known as Saint John High School), be amended by adding the following
words, "and that compensation for the aforementioned easement be paid to the Province
of New Brunswick in an amount of $1,770.00 (plus HST if applicable)" immediately after
"PID #6098".
5.2 That as recommended by the City Manager in the submitted report M&C 2013-
216: Consent Agreement for proposed Encroachment of Maritimes & Northeast Pipeline
Irving Pulp and Tissue "spur line" at the tee, Mill St., in the County of St. John, in the
Province of New Brunswick, The City of Saint John enter into the Consent Agreement
with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner,
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COMMON COUNCIL/CONSEIL COMMUNAL
OCTOBER 7, 2013/LE 7 OCTOBRE 2013
Maritimes & Northeast Pipeline Management Ltd. / Maritimes & Northeast Pipeline
attached to M&C 2013-216 and that the Mayor and Common Clerk execute the said
agreement.
5.3 That as recommended by the City Manager in the submitted report M&C 2013-
211: Lease #222 (Lower Cove Loop) - Saint John Port Authority, The City of Saint John
renew Lease #222 with the Saint John Port Authority Corporation for a further two (2)
year term (commencing January 1, 2013, expiring on December 31, 2014), at an annual
rent of $325.00 per annum (plus HST if applicable); and further that the Mayor and
Common Clerk be authorized to execute the lease renewal.
5.4 That the report Summary of the Federation of Canadian Municipalities' Board of
Directors and Standing Committee Meetings be received for information.
5.5 That as recommended by the City Manager in the submitted report M&C 2013-
212: Loch Lomond Community Centre Demolition - Recommendation for Award of
Request for Quotation, Common Council award RFQ Number 2013-083006Q:
Demolition of Loch Lomond Community Centre to the low bidder, JA Excavation, for the
contract price of $15,000 plus HST, which excludes the demolition of the playground
equipment and site elements described in the Request for Quotation.
5.6 That the request to present from Uptown Saint John be referred to the Clerk for
scheduling.
5.7 That the letter from Bob Warr regarding recognition of the Irving family be
received for information.
5.8 That the letter from Paul Ram regarding the Taxi Cab Advisory Committee be
referred to the Nominating Committee.
5.9 That the letter from Horst Sauerteig regarding the Saint John Emergency
Management Organization Advisory Committee be received for information.
5.10 That as recommended by the City Manager in the submitted report Extension to
Installation Timeframe for 225 Sculpture (Shards of Time) Common Council direct the
City Manager and Common Clerk to execute the submitted Extension Agreement.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Children's Vision Month - October 2013
The Mayor proclaimed the month of October 2013 Children’s Vision Month in The City of
Saint John.
16.4 Fire Prevention Week – October 6, 2013 to October 12, 2013
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that item 16.4 Proclamation: Fire
Prevention Week – October 6, 2013 to October 12, 2013 be brought forward on the
agenda.
Question being taken, the motion was carried.
The Mayor proclaimed October 6, 2013 to October 12, 2013 Fire Prevention Week and
October 12, 2013 Fire Service Recognition Day in The City of Saint John.
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OCTOBER 7, 2013/LE 7 OCTOBRE 2013
8. Delegations/Presentations
10. Consideration of By-laws
10.1 Third Reading - A By-Law Respecting the Closing of Retail Businesses in
The City of Saint John
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by-law entitled, “A By-Law
Respecting the Closing of Retail Businesses in The City of Saint John” permitting retail
businesses to set their own hours of operation in the City of Saint John on a weekly day
of rest, be read.
Question being taken, the motion was carried.
The by-law entitled, “A By-Law Respecting the Closing of Retail Businesses in The City
of Saint John”, was read in its entirety.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the by-law entitled, “A By-Law
Respecting the Closing of Retail Businesses in The City of Saint John” permitting retail
businesses to set their own hours of operation in the City of Saint John on a weekly day
of rest, be read a third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by-law entitled, “A By-Law Respecting the Closing of Retail
Businesses in The City of Saint John”.
10.2 Public Presentation - Proposed Municipal Plan Amendment 1006 Latimore
Lake Road
A Public Presentation was given for a proposed amendment to the Municipal
Development Plan which would redesignate, on Schedule A of the Plan, a parcel of land
with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also
identified as PID Number 0043367, from Rural Resource Area and Park and Natural
Area, to Stable Area; and redesignate, on Schedule B of the Plan, the same parcel of
land, from Rural Resource and Park and Natural Area to Rural Residential to permit a
rural residential subdivision as requested by Douglas Cyr and Kimberly Wilson.
11. Submissions by Council Members
11.1 Saint John Midget Vito’s Sponsorship (Deputy Mayor Rinehart)
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that the request for sponsorship from
the Saint John Midget Vito’s be referred to the City Manager for consideration.
Question being taken, the motion was carried.
9. Public Hearings 6:30 P.M.
9.1 Proposed ByLaw Amendment Stop Up and Close South Market Wharf,
Ward Street and Peters Wharf
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed bylaw amendment to stop-up and close South Market Wharf, Ward Street
and Peters Wharf, by adding thereto Section 235 immediately after Section 234, with no
objections received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
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The Mayor called for members of the public to speak in favour of the proposed
amendment with Mr. Rick Turner from Hughes Surveys and Consultants appearing on
behalf of the applicant.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by-law entitled, “A By-Law
Respecting the Stopping Up and Closing of Highways in the City of Saint John”
regarding South Market Wharf, Ward Street and Peters Wharf by adding Section 235
immediately after Section 234 thereof, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by-law entitled, “A By-Law Respecting the Stopping Up and
Closing of Highways in the City of Saint John.”
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the by-law entitled, “A By-Law
Respecting the Stopping Up and Closing of Highways in the City of Saint John”
regarding South Market Wharf, Ward Street and Peters Wharf by adding Section 235
immediately after Section 234 thereof, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by-law entitled, “A By-Law Respecting the Stopping Up
and Closing of Highways in the City of Saint John.”
11.2 Crowdsource Funding for Municipal Infrastructure Projects (Councillor
Norton)
On motion of Councillor Norton
Seconded by Councillor Farren
RESOLVED that Council refer for consideration to
the City Manager the concept of Crowdsource funding for supporting community
projects, while using iFundWaterloo.ca as a template for a City of Saint John design.
Question being taken, the motion was carried.
11.3 Bi-Weekly Council Meetings (Councillor Strowbridge)
On motion of Councillor Norton
Seconded by Councillor Farren
RESOLVED that the submission from Councillor
Strowbridge regarding bi-weekly Council meetings, be tabled.
Question being taken, the motion was defeated with Councillors Fullerton,
Lowe, MacKenzie, Merrithew, Reardon and Strowbridge voting nay.
On motion of Councillor Strowbridge
Seconded by Councillor Lowe
RESOLVED that Common Council direct the
Common Clerk, along with the City Manager, to reschedule Council meetings to
biweekly.
Question being taken, the motion was carried with Deputy Mayor Rinehart
and Councillors Farren, McAlary and Norton voting nay.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the City Manager be directed to
report back on the possibility of providing up to a 30 minute recess between meetings if
there is a requirement of Council to reconvene in Committee of the Whole subsequent to
the regular session meeting.
Question being taken, the motion was defeated with Councillors Fullerton,
Lowe, MacKenzie, Merrithew, Reardon and Strowbridge voting nay.
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COMMON COUNCIL/CONSEIL COMMUNAL
OCTOBER 7, 2013/LE 7 OCTOBRE 2013
(Councillor Farren withdrew from the meeting)
12. Business Matters - Municipal Officers
12.1 Chipman Hill Pedway Curtain Wall Replacement - Recommendation for
Award of Tender
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-213: Chipman Hill Pedway Curtain Wall
Replacement - Recommendation for Award of Tender:
1) Common Council award Bid No. 2013-082801T: Curtain Wall Replacement - Chipman
Hill Pedway to the low bidder, Atlantic Windoor Ltd., for the contract price of $221,000
plus HST, which includes the replacement of the curtain wall and soffit systems;
2) Common Council approve a construction contingency allowance of $22,000, which is
to be expended only if required to address unforeseen conditions during the construction
at the approval of the Manager of Facility Management;
3) Common Council approve an additional $50,577.65 in the 2013 capital budget to
cover the additional costs over and above the previously approved $200,000 associated
with the contract amount (factoring in HST and HST rebates) plus the contingency
allowance ($228,577.65 plus $22,000 less $200,000); and
4) The Mayor and Common Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
(Councillor Farren re-entered the meeting)
12.2 C.E. Nicolle Community Centre Revitalization - Recommendation for Award
of Construction Contract Phase 2
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-214: C.E. Nicolle Community Centre
Revitalization - Recommendation for Award of Construction Contract Phase 2:
1) Common Council award Bid No. 2012-081202T: C.E Nicolle Community Centre
Revitalization - Phase 2 (Interior Renovations) to the low bidder, John Flood & Sons Ltd.,
for the bid price of $1,172,709.00 plus HST;
2) Common Council approve a construction contingency allowance of $80,000 for C.E
Nicolle Community Centre Revitalization - Phase 2 (Interior Renovations), which is to be
expended only if required to address unforeseen conditions during the construction at
the approval of the Manager of Facility Management; and
3) The Mayor and Common Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
12.3 Members Comments on Council Agenda
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report Members Comments on Council Agenda, Common
Council direct staff to amend "A By-Law Respecting the Procedures of the Common
Council of the City of Saint John" to clarify the purpose and intent of members comments
section and to establish a speaking time limit of two minutes per Council member.
Question being taken, the motion was carried with Councillor Farren
voting nay.
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12.4 2014 Budget Preparation
Mr. Woods noted that the submitted report formally initiates the 2014 budget process
and suggested that a separate in-camera session be scheduled to consider various
collective bargaining issues related to the expiration of three collective agreements
during 2014 ( Local 18 - June 30, Local 486 – Dec 31, Local 771 - Dec 31). He
recommended that Council hear from the Police Commission as it will be affected by up-
coming collective bargaining.
Council suggested that all departments be directed to submit written budgets including
staff input for efficiencies and that Destination Marketing Organization and Saint John
Transit Commission be requested to present to Council.
(Councillor Farren withdrew from the meeting)
13. Committee Reports
13.1 Saint John Police Force - August 2013 Financial Results
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the Saint John Police Force
August 2013 Financial Results be received for information.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Waiving of the Conditions of Sale of former Freedom and Vimy Courts to
Vimy Estates Inc. for Development of Senior Apartment Complex
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-220 Waiving of the Conditions of Sale of
former Freedom and Vimy Courts to Vimy Estates Inc. for Development of Senior
Apartment Complex the City of Saint John waive the pre-condition set out in article 5.1 of
the Agreement of Purchase and Sale and proceed to complete the land conveyance to
Vimy Estates Inc. pursuant to the Agreement or Purchase and Sale.
Question being taken, the motion was carried.
16.2 Freedom of the City (Mayor Norton)
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED that as recommended by Committee
of the Whole, having met on June 17, 2013, Common Council confer the honour of
Freedom of the City to Dr. Richard Currie in recognition of his significant contribution to
the City of Saint John.
Question being taken, the motion was carried.
16.3 Priorities Update (Mayor Norton)
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that Common Council direct the City
Manager to arrange for the scheduling of a facilitated Priority Update Session to:
1) Review and update Council’s priorities;
2) Assess actions that need to be taken to ensure achievement of remaining stated
priorities; and
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COMMON COUNCIL/CONSEIL COMMUNAL
OCTOBER 7, 2013/LE 7 OCTOBRE 2013
Further, that such Priority Update Session be held prior to approving the 2014 budget.
Question being taken, the motion was carried.
17. Committee of the Whole
18. Adjournment
On motion of Deputy Mayor Rinehart
Seconded by Councillor Strowbridge
RESOLVED that the Common Council meeting of
October 7, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 8:40 p.m.
Mayor / maire
Common Clerk / greffier communal
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COMMON COUNCIL/CONSEIL COMMUNAL
OCTOBER 15, 2013/LE 15 OCTOBRE 2013
COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN
CITY HALL – OCTOBER 15, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Norton, and Strowbridge
- and -
W. Edwards, Commissioner of Transportation and Environment
Services / Acting City Manager; J. Nugent, City Solicitor; G.
Yeomans, Commissioner of Finance and Treasurer; N.
Jacobsen, Commissioner of Strategic Services; A. Poffenroth,
Deputy Commissioner Growth and Community Development; J.
Hamilton, Commissioner Growth and Community Development;
K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting
Deputy Common Clerk.
Regrets: Councillors Merrithew and Reardon
1. Call To Order – Prayer
Mayor Norton called the meeting to order and Reverend Chris McMullin of the Church of
the Good Shepherd offered the opening prayer.
2. Approval of Minutes
2.1 Approval of Minutes September 30, 2013
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on September 30, 2013, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of items: 16.1 M&C 2013-226: Contract 2013-21 North End
900 mm Diameter Water Transmission Main Chamber Rehab; 16.2 M&C 2013-227:
Saint John Skating Club – Mini Battle of the Blades; 16.3 YM-YWCA Request for In-Kind
Support; 16.4 M&C 2013-228: Request to Extend Closing of Sale of former Freedom
and Vimy Courts to Vimy Estates Inc.; and 17.1 Committee of the Whole: Financial
Agreement for a Collaborative Project between PPP Canada Inc. and the City of Saint
John – Safe, Clean Drinking Water Program.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Deputy Mayor Rinehart declared a conflict of interest with item 16.3 YM-YWCA Request
for In-Kind Support.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2013-
224: Proposed Heritage Conservation Areas By-Law Amendment 100 Watson Street, St.
George’s – St. Jude’s Church, Common Council schedule a public hearing date of
Monday, December 9th, 2013 at 6:30 p.m. in the Council Chamber to consider an
amendment to the Saint John Heritage Conservation Areas By-Law, which would
remove the church building at 100 Watson Street from the King Street West
Conservation Area, and that the necessary advertising be authorized in this regard.
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5.2 That as recommended by the City Manager in the submitted report M&C 2013-
225: Proposed Heritage Conservation Areas By-Law Amendment 183 Duke Street West,
St. George’s Rectory, Common Council schedule a public hearing date of Monday,
December 9th, 2013 at 6:30 p.m. in the Council Chamber to consider an amendment to
the Saint John Heritage Conservation Areas By-Law, which would remove the Rectory
building at 183 Duke Street West from the King Street West Conservation Area, and that
the necessary advertising be authorized in this regard.
5.3 That as recommended by the City Manager in the submitted report M&C 2013-
221 Potential Sale of Portion of City Owned Property Adjoining Civic 359 Eldersley
Avenue, the City of Saint John convey to Lisa Alice MacLellan for the sum of $951.00
plus HST (if applicable), its interest in a 170 square metre (1,830 square foot) parcel of
land, being a portion of PID Number 55189708, also identified as Parcel "A" on the plan
attached to M & C #2013-221, subject to the terms and conditions as set out in the Offer
of Purchase and Sale attached to M & C #2013-221.
5.4 That as recommended by the City Manager in the submitted report M&C 2013-
210 Easement Acquisition for Municipal Sanitary Sewer Line Civic 236 Bridge Street:
1. The City of Saint John acquire an Easement for Municipal Services in and through the
land at civic #236 Bridge Street, as per the submitted Offer of Purchase and Sale, and
as illustrated on the submitted Easement Sketch, titled "Proposed Easement 236 Bridge
Street"; and
2. Authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize
this transaction.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that the City Manager provide a
recommendation regarding the fee structure for applications to remove buildings in
Heritage areas given that there is a significant cost to the City of Saint John for these
applications.
(Mayor Norton withdrew from the meeting due to a conflict of interest)
(Deputy Mayor Rinehart assumed the chair)
Question being taken, the motion was carried with Councillor McAlary
voting nay.
(Mayor Norton re-entered the meeting and assumed the chair)
6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations/Presentations
9. Public Hearings
10. Consideration of By-laws
10.1 Third Reading Municipal Plan Amendment: 59-119 Commerce Dr., 1-15
Consumers Dr., 130-160 Mark Dr.
(Councillor Farren withdrew from the meeting)
On motion of Councillor McAlary
Seconded by Councillor Norton
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RESOLVED that the by-law entitled, “By-Law
Number C.P. 106-5, A Law to Amend the Municipal Plan By-Law” amending Schedule A
– City Structure, by redesignating seven parcels of land having a total area of
approximately 4.5 hectares, located at 59-119 Commerce Drive, 1-15 Consumers Drive
and 130-160 Mark Drive, also identified as being PID Numbers 55149777, 55151336,
55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to
Regional Retail Centre classification; and amending Schedule B – Future Land Use, by
redesignating the same parcels of land from Stable Residential to Regional Retail Centre
classification, be read.
Question being taken, the motion was carried.
The by-law entitled, “By-Law Number C.P. 106-5 A Law to Amend the Municipal Plan
By-Law”, was read in its entirety.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by-law entitled, “By-Law
Number C.P. 106-5, A Law to Amend the Municipal Plan By-Law” amending Schedule A
– City Structure, by redesignating seven parcels of land having a total area of
approximately 4.5 hectares, located at 59-119 Commerce Drive, 1-15 Consumers Drive
and 130-160 Mark Drive, also identified as being PID Numbers 55149777, 55151336,
55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to
Regional Retail Centre classification; and amending Schedule B – Future Land Use, by
redesignating the same parcels of land from Stable Residential to Regional Retail Centre
classification, be read a third time, enacted, and the Corporate Common Seal affixed
thereto.
Question being taken, the motion was carried.
Read a third time by title, the by-law entitled, “By-Law Number C.P. 106-5 A Law to
Amend the Municipal Plan By-Law”.
(Councillor Farren re-entered the meeting)
10.2 Third Reading Zoning ByLaw Amendment: 1666 Hickey Road
10.2.1 Section 39 Conditions - 1666 Hickey Road
10.2.2 Section 39 Amendment - 1666 Hickey Road
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the by-law entitled, “By-Law
Number C.P. 110-219, A Law to Amend the Zoning By-Law of The City of Saint John”,
amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel
of land having an area of approximately 2693 square metres, located at 1666 Hickey
Road, also identified as being a portion of PID Number 55198402, from “R-2” One and
Two Family Residential to “IL-1” Neighbourhood Institutional, be read.
Question being taken, the motion was carried.
The by-law entitled, “By-Law Number C.P. 110-219, A Law to Amend the Zoning By-Law
of The City of Saint John”, was read in its entirety.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed development of a parcel of
land with an area of approximately 2693 square metres, located at 1666 Hickey Road,
also identified as that portion of PID Number 55198402 constituting proposed Lot 13-2,
with a group care facility be subject to the following conditions:
a) The use of proposed Lot 13-2 is restricted to a special care residence with a
maximum capacity of 20 beds;
b) There shall be no driveway or other vehicular access to the site onto Heather
Way;
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c) The developer must remove existing concrete curb and sidewalk and replace
them with new concrete dropped curb and sidewalk to provide access to the
proposed lot, subject to the City’s Chief Engineer or his designate;
d) The developer must pave all parking areas, loading areas, manoeuvring areas
and driveways with asphalt and enclose them with continuous cast-in-place
concrete curbs where necessary to protect the landscaped areas and to facilitate
proper drainage;
e) The developer must provide adequate site drainage facilities in accordance with
a detailed drainage plan, prepared by the developer and subject to the approval
of the Chief City Engineer or his designate;
f) The developer must provide all utilities underground from the existing overhead
facilities;
g) The site shall not be developed except in accordance with a detailed site plan
and building elevation plans, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of all buildings,
parking areas, driveways, loading areas, signs, exterior lighting, exterior building
materials and finishes, landscaped areas, including location and types of planting
materials and other site features;
h) The approved plans mentioned in conditions (e) and (g) above must be attached
to the application for building permit for the development;
i) All site improvements shown on the approved site plan and drainage plan, except
for landscaping, must be completed prior to the occupancy of the facility; and the
landscaping must be completed within one year of building permit approval.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that Common Council amend the
Section 39 conditions imposed on the April 12, 2010 rezoning of a parcel of land with an
area of approximately 4050 square metres, located at 1666 Hickey Road, also identified
as PID Number 55198402 by deleting all existing conditions and replacing them with the
following:
a) The use of proposed Lot 13-1 is restricted to a one – or two – family dwelling,
which may include the following secondary uses:
subject to Section 810(3) of the Zoning By-law, a home occupation;
a kindergarten, nursery or day care centre for not more than six children;
subject to such terms and conditions as may be imposed by the Planning
Advisory Committee, a kindergarten, nursery or day care centre for more
than six children;
b) There shall be no driveway or other vehicular access to the site onto Heather
Way.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, “By-Law
Number C.P. 110-219, A Law to Amend the Zoning By-Law of The City of Saint John”,
amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel
of land having an area of approximately 2693 square metres, located at 1666 Hickey
Road, also identified as being a portion of PID Number 55198402, from “R-2” One and
Two Family Residential to “IL-1” Neighbourhood Institutional, be read a third time,
enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by-law entitled, “By-Law Number C.P. 110-219, A Law to
Amend the Zoning By-Law of The City of Saint John”.
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10.3 Third Reading Stop Up and Close: South Market Wharf, Ward Street and
Peters Wharf
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by-law entitled, “By-Law
Number M-23, A By-Law to Amend a By-Law Respecting the Stopping-Up and Closing
of Highways in The City of Saint John”, regarding South Market Wharf, Ward Street and
Peters Wharf, be read.
Question being taken, the motion was carried.
The by-law entitled, “By-Law Number M-23, A By-Law to Amend a By-Law Respecting
the Stopping-Up and Closing of Highways in The City of Saint John” was read in its
entirety.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the by-law entitled, “By-Law
Number M-23, A By-Law to Amend a By-Law Respecting the Stopping-Up and Closing
of Highways in The City of Saint John”, regarding South Market Wharf, Ward Street and
Peters Wharf, be read a third time, enacted, and the Corporate Common Seal affixed
thereto.
Question being taken, the motion was carried.
Read a third time by title, the by-law entitled, “By-Law Number M-23, A By-Law to
Amend a By-Law Respecting the Stopping-Up and Closing of Highways in The City of
Saint John”.
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 M&C 2013-222 - Public Release of the Draft Zoning Bylaw
Ms. Hamilton noted that the proposed new zoning bylaw transforms a thirty year old
bylaw into a modern new development framework that will align and support delivery of
PlanSJ. She advised that this is an important step towards improving the development
process identified as a priority in their service area. Ms. Hamilton noted that the
collaborative effort has yielded a progressive framework that will raise the bar on
community standards for development while ensuring the clarity and predictability
industry needs to make investments in the areas that are targeted in PlanSJ.
Referring to the submitted report, Ms. Stacey Forfar and Mr. Mark O’Hearn provided
highlights of the bylaw and responded to questions from Council.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-222 - Public Release of the Draft Zoning
Bylaw, this report be received for information.
Question being taken, the motion was carried.
13. Committee Reports
13.1 Saint John Industrial Parks Letters Patent and By-Law Review
On motion of Deputy Mayor Rinehart
Seconded by Councillor Strowbridge
RESOLVED that Common Council refer the letter
from Saint John Industrial Parks Ltd. regarding revisions to its Letter’s Patent, By-Laws
and supporting policies to the City Manager and City Solicitor for a report and
recommendation.
Question being taken, the motion was carried.
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14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Contract No. 2013-21: - North End 900 mm Diameter Water Transmission
Main Chamber Rehabilitation - Forest Street to Reversing Falls Area
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-226 Contract No. 2013-21: - North End 900
mm Diameter Water Transmission Main Chamber Rehabilitation - Forest Street to
Reversing Falls Area, the contract be awarded to the low Tenderer, Terraex Inc. at the
tendered price of $167,635.50 (including HST) as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Question being taken, the motion was carried.
16.2 Saint John Skating Club - Mini Battle of the Blades
On motion of Deputy Mayor Rinehart
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M&C 2013-227 Saint John Skating Club - Mini Battle of
the Blades, the Mayor and Common Clerk be authorized to sign the submitted contract
to allow Insight Productions to film the Saint John Skate Club at the Peter Murray Arena
on Saturday, October 19th, 2013.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart withdrew from the meeting)
16.3 YM-YWCA – Request for In-Kind Support
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the letter from the YMCA-YWCA
of Greater Saint John regarding a request for an in-kind contribution, be referred to the
City Manager.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart re-entered the meeting)
16.4 Request to Extend Closing of Sale of former Freedom and Vimy Courts to
Vimy Estates Inc.
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the
City Manager in the submitted report M&C 2013-228: Request to Extend Closing of Sale
of former Freedom and Vimy Courts to Vimy Estates Inc., the City of Saint John amend
the Agreement of Purchase and Sale between the City of Saint John and Vimy Estates
Inc. dated September 26, 2013 by changing the Closing Date from October 15, 2013 to
November 29, 2013, and all other terms and conditions of the Agreement of Purchase
and Sale remain unchanged.
Question being taken, the motion was carried.
17. Committee of the Whole
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17.1 Financial Agreement PPP Canada Inc. and The City of Saint John – Safe,
Clean Drinking Water Project
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that as recommended by the
Committee of the Whole, having met on October 15, 2013 Common Council:
a) Approve the submitted text of the Financial Agreement for a Collaborative Project
between PPP Canada Inc. and The City of Saint John, in relation to the funding
support to enable the City of Saint John to assess the usefulness of a public-
private partnership model for the Safe Clean Drinking Water Program, the text of
which accompanies the City Manager’s and Project Manager’s correspondence
in this matter to Common Council, dated October 8, 2013; and,
b) That the Mayor and Common Clerk be authorized to execute the Financial
Agreement for a Collaborative Project.
Question being taken, the motion was carried.
18. Adjournment
On motion of Deputy Mayor Rinehart
Seconded by Councillor Strowbridge
RESOLVED that the Common Council meeting of
October 15, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:05 p.m.
Mayor / maire
Common Clerk / greffier communal
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REPORT TO COMMON COUNCIL
M & C #2013-230
October 28, 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Initiate Street Closures for Portions of Waterloo, Golding and
Rebecca Streets
BACKGROUND:
The Planning Advisory Committee at its July 16, 2013 meeting considered and
approved a development proposal to construct two buildings containing a total of
25 stacked townhouse units on the property at the corner of Waterloo and Golding
Streets. A condition of approval by the Committee is that the proponent must
apply for and acquire three slivers of land currently within the street right -of-ways
that surround the subject property and be responsible for any costs associated with
the street closure and conveyance process. The closures along Golding and
Waterloo are proposed for increased landscaping and the closure along Rebecca is
proposed to allow the steps accessing one of the two buildings to be constructed.
ANALYSIS:
The proponent has met with City staff regarding some engineering issues that will
need to be resolved should the parcels of street right-of-way be stopped up and
closed. The developer is working with staff to resolve these issues. The
developer is prepared to pay for all costs associated with the street closure
process, including survey costs, public advertising and any other administrative
costs associated with the land conveyances. The recommendation contained in
this report is to initiate the necessary street closure process and set a Public
Hearing date. A further report will be prepared to address the need for any terms
or conditions attached to a conveyance of the stopped-up and closed parcels to the
developer for the consideration of Council on or before the Public Hearing date.
RECOMMENDATION:
1. That the Public Hearing for the consideration of the passing of a By-law to
Stop Up and Close a 24 square metre portion of Waterloo Street, a 50
square metre portion of Golding Street and a 46 square metre portion of
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Initiate Street Closures - 2 - October 28, 2013
Rebecca Street be set for Monday, November 25, 2013 at 6:30 p.m. in the
Council Chamber; and
2. That Common Council authorize the publishing of a notice of the intention
to consider the passing of such By-law identified above.
Respectfully submitted,
Curtis Langille, BA Brian Irving, BBA
Real Estate Officer Manager Real Estate
Gregory Yeomans, CGA, MBA Patrick Woods, CGA
Commissioner City Manager
Finance and Administrative Services
Attachments
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