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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 97- 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, 2 97- 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. 3 97- COMMON COUNCIL/CONSEIL COMMUNAL 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. 4 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 7, 2013/LE 7 OCTOBRE 2013 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. 5 97- 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. 6 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 7, 2013/LE 7 OCTOBRE 2013 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 7 97- 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 8 97- 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. 9 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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 10 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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; 11 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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”. 12 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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. 13 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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 14 97- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 15, 2013/LE 15 OCTOBRE 2013 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 15 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 16 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 CL/c 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32