1992-02-25_Minutes
83-385
COMMON COUNCIL
FEBRUARY 25, 1992
At a meeting of the Common Council, held at the City Hall in the City of
Saint John on Tuesday, the twenty-fifth day of February, AD. 1992, at 4:00 o'clock
p.m.
present
Arthur L. Gould, Deputy Mayor
Councillors Coughlan, Davis, Flewwelling, Knibb, Landers,
Rogers and A Vincent
- and -
Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; W. D. Todd, Director of
Housing and Property Management; J. C. MacKinnon,
Commissioner of Environment and Infrastructure Services; Mrs.
M. Munford, Common Clerk; and C. Joyce, Assistant Common
Clerk.
Deputy Mayor Gould called the meeting to order and offered an opening
prayer.
The Deputy Mayor, in advising that this special meeting of Common
Council was called to consider the proposed Saint John Mercantile Centre pedway
agreement, asked if he has met all requirements of the Council Procedure By-Law in
calling this meeting, to which Mr. Rodgers indicated in the affirmative.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee begs leave to report that it sat on February 24, 1992,
when there were present Deputy Mayor Gould and Councillors Coughlan, Davis,
Flewwelling, Rogers and A Vincent, and your Committee submits the following
recommendation, namely:-
1. That as recommended by the City Manager, Common Council authorize
the execution of the submitted pedway agreement between the City and Saint John
Mercantile Centre Limited.
Tuesday, February 25, 1992,
Saint John, N. B.
Respectfully submitted,
(sgd.) Arthur L. Gould,
C h air man.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Mr. Todd noted that Common Council, in March 1991, authorized staff to
negotiate the terms of an agreement with the developers of the Mercantile Centre
relative to the design, construction and operation of a pedway between the Canada
Games Aquatic Centre and the Mercantile Centre, and further, in July 1991, Common
Council adopted, in principle, the terms of that agreement which, in essence, is what is
before Council at this time. Mr. Todd summarized the proposed agreement which
basically covers three components of a pedway, which would run from the Aquatic
Centre and eventually to the civic centre; with Pedway I to join the Aquatic Centre and
the Mercantile Centre and to be built by the developers of the Mercantile Centre, with
the City to contribute up to $350,000 toward the construction of the pedway, which is to
be completed prior to the opening of the Mercantile Centre, and for which, once
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COMMON COUNCIL
FEBRUARY 25, 1992
opened, the operating expenses would be shared equally between the owners of the
Mercantile Centre and the City. With regard to the second and third components of the
agreement dealing with Pedway II which is within the Mercantile Centre and Pedway III
which is the link between the Mercantile Centre and the civic centre, Mr. Todd
explained that the proposed agreement gives the City the option to lease the space
within the Mercantile Centre for Pedway II and the land on the Mercantile Centre land
required to permit the construction of Pedway III, such option being exercisable by the
City until December 31, 1992 and, if exercised, the developers of the Mercantile Centre
would be responsible for 100 per cent of the construction cost of Pedway II, and the
construction of Pedway III would become 100 per cent the City's responsibility, and the
operating expenses of Pedway II would be paid by the developers until one of three
things occurred: (1) the link to the civic centre is completed and (2) open to the public,
or (3) December 31, 1994 at which time the operating expenses would become the
responsibility of the City, whichever is the earlier occurrence; therefore, if the link to the
civic centre is not constructed, the City would not become responsible for any of the
operating expenses for Pedway II until the end of 1994 and, if the link is constructed,
the City would become responsible once it is open; and further, if the City exercises the
option to lease the space for Pedways II and Pedway III and once the rent starts on
these Pedways, the City would also become 100 per cent responsible for the operating
expenses for Pedway I as well.
(Councillor A. Vincent entered the meeting.)
Councillor Flewwelling noted that, while Pedway I will utilize $350,000 in
City funds and $500,000 in Federal E.R.D.A. funds, which totals $850,000 of public
funds, it is the intent for Saint John Mercantile Centre Limited to construct Pedway I;
and asked why this project would not be constructed through the public tendering
process, to which Mr. Todd explained that, under the Section 39 agreement relative to
the re-zoning, the developers of the Mercantile Centre are obligated to connect the
project to the City's indoor pedestrian system and are, therefore, obligated to build this
pedestrian way, and that it is proposed that the City will contribute $350,000 towards
the construction of Pedway I. Councillor Flewwelling advised that, while he is
supportive of Pedway I, he is unable to support the motion on the basis that the
proposed agreement deals also with Pedways II and III. With regard to the proposed
operating and maintenance expenses of the Pedways as questioned by Councillor
Landers, Deputy Mayor Gould advised that the operational cost for Pedway I, upon
being taken over by the City, is estimated at $20,000 annually and, Pedway II is
estimated at $30,000 annually, and Mr. Todd added that the estimates are based on
the experience with the existing pedway system and also that, for Pedway II, while the
City will pay the operating expenses, the City will pay rent of only $1. Deputy Mayor
Gould, in making the observation that, while the City was originally to exercise its option
on or before June 30, 1996, the option date is now December 31, 1992, advised that,
while he voted for Pedway I and continues to support it as a necessity if the Mercantile
Centre is to proceed on schedule, he is unable to support the above motion as it also
involves Pedways II and III.
Question being taken, the motion was carried with the Deputy Mayor and
Councillor Flewwelling voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk