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1994-01-10_Minutes 84-428 COMMON COUNCIL JANUARY 10, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of January, AD. 1994, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; E. LeBlanc, Insurance Coordinator; J. Bezanson, Heritage Planner; P. Palmer, Deputy Market Clerk; D. Sherwood, Chief of Police; G. Tait, Fire Chief; K. Watson, Recreation Supervisor; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Webber of Forest Hills United Baptist Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on Tuesday, January 4, 1994, be approved. Question being taken, the motion was carried. 3. Deputy Mayor's Remarks Deputy Mayor McAlary extended messages of condolence on behalf of Council to the family of the late Mr. Guy Allen Burpee, who passed away on January 6, and advised that the late Mr. Burpee is the father of Mr. Richard Burpee, General Manager of the Power Commission of the City of Saint John; and to the family of the late Mr. Gordon E. Haslett, a former City employee who retired from the Works Department in 1990, who passed away on January 9. * Added Item Deputy Mayor McAlary called for a motion to add an item to the agenda of this meeting. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that a report from the City Manager (copies of which were distributed to Council members at this meeting) concerning the collective agreement with Saint John Fire Fighters Association, Local 771, be added to the agenda for consideration at this meeting. The Deputy Mayor made the observation that the above item would be considered as 13A Question being taken, the motion was carried. 84-429 COMMON COUNCIL JANUARY 10, 1994 4. AdvertisinQ SiQnaQe on Top of ParkinQ Meters Consideration was given to a report from the City Manager advising that representatives from various departments have been meeting with Ad-Street Signs, a company which proposes to install advertising signage on the tops of parking meters in the Uptown area, test signs having been installed in several locations to assess potential vandalism to the signs and meters upon which they are installed; also advising that, while the quality of construction of prototypes have improved, a level of "homemade" appearance remains, which the current proposal would address by approving the proposed 5 3/4" signs for a one-year trial period and, if at the end of that year, this proposal remains viable, Ad-Street Signs has committed to carry out further research and development to produce a cast sign frame, more compatible with the industrial design language of parking meters, prior to approval to of an extension of its one-year period; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council approve issuance of a license to Ad-Street Signs, for a one-year period, to install advertising signs on parking meters within the street right-of-way; and (2) the Saint John Parking Commission be requested to negotiate the terms of the license on behalf of the City of Saint John for a one-year period, to be extended upon further approval of Common Council and dependent upon production of cast sign frames more compatible with parking meter design. (Councillor M. Vincent entered the meeting.) Question being taken, the motion was carried. 5. AssiQnment of Lease, Perry's Market Ltd., City Market Read a report from the City Manager submitting a recommendation with regard to assignment of a lease at the City Market for the reason that Perry Janes, who leases space in the City Market, has sold his business to Raymond Fitzpatrick and asks that Council consent to assign the remaining portion of the lease, which runs until December 31, 1994, to the new owner. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City assign the lease at the City Market held by Perry Janes for Perry's Market Ltd. to Raymond Fitzpatrick as of January 1, 1994. Question being taken, the motion was carried. 6. Rental Income at City Market On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager submitting information on the City Market rental fees, including information for the years 1993-1994 which indicates that the projected rental income for 1994 will be equal to approximately 99% of the operating expenses to run the Market; advising that the City Market still has space to rent on the fourth floor of the City Market Tower which needs to be renovated before it becomes leasable; and concluding that staff will be reporting to Council in the near future with the revised rental program to take effect January 1995 -- be received and filed. Question being taken, the motion was carried. 84-430 COMMON COUNCIL JANUARY 10, 1994 7. "Winterchill" at Lily Lake Read a report from the City Manager suggesting, further to the report to Council on December 6, 1993 indicating that Winterfest would not be held in 1994 due to lack of sponsorship and financial resources, that a smaller event, called "Winterchill", be held the weekend of January 14 and 15, at a cost of $3,000, and submitting a schedule of events. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, funds in the amount of $3,000 be approved from the Special Events Budget for staff to hold "Winterchill" at Lily Lake in Rockwood Park on January 14 and 15, 1994. Question being taken, the motion was carried. 8. Billy's Seafood Co. Ltd., City Market Consideration was given to a report from the City Manager advising that Billy's Seafood Co. Ltd., for which Council approved an application to lease space in the City Market formerly occupied by the Diana Restaurant on September 27, 1993, will not be ready to open until January 17, 1994 due to a number of unexpected start-up problems, and permission is being requested to move the commencement date of the lease from November 1, 1993 to January 17, 1994 with the length of the lease (5 years) and the rent and promotion fees to remain unchanged, and a request is also being made for Council to consider cost sharing the actual cost of the entranceway renovations in that Council approved a grant of $5,000 of the estimated cost of $11,000, while the actual cost to renovate the space is $19,115.20; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, (1) the commencement date of the lease with Billy's Seafood Co. Ltd. for space in the City Market be moved from November 1, 1993 to January 17, 1994; and (2) the City cost share in the amount of 50% of the $19,115.20 cost of the renovations to the entranceway to the City Market by granting a further $4,557.60. Question being taken, the motion was carried. 9. 1994 Insurance CoveraQe and Premiums On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council accept the insurance package for 1994 offered by Huestis Insurance Limited and approve payment as follows:- Frank Cowan Company Limited Huestis Insurance Limited Total $500,144 22,400 $522,544 Question being taken, the motion was carried. 10. Street Closing By-Law Amendment - Lake Drive & Gibson Road (Councillors Gould and Trites withdrew from the meeting as they were not present for the January 4 public hearing with regard to the proposed closing of Lake Drive and Gibson Road.) 84-431 COMMON COUNCIL JANUARY 10, 1994 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to stopping up and closing permanently of the following portion of highway:- LAKE DRIVE AND GIBSON ROAD: - ALL that part of Lake Drive and Gibson Road (so- called) beginning at a point on the westerly sideline of Gibson Road (so-called) where the line of division between the lands owned by Richard M. Kierstead and the lands owned by Verlet L. Sparks intersects the westerly sideline of Gibson Road (so-called) the said point having New Brunswick Grid Co-ordinates of East 347 683.747 and North 670 211.104, thence on an azimuth referred to the New Brunswick Grid Co-ordinate System of 650 41' 10" a distance of 5.19 meters, thence on an azimuth of 3350 02' 30" a distance of 48.0 meters or less or to the shore of Treadwell Lake, thence southwestwardly along the shore of Treadwell Lake to the westerly sideline of the western portion of Lake Drive as stopped up and closed by a by-law of The City of Saint John enacted December 14, 1970 and also being the northeasterly corner of the lands owned by Noreen E. Cavanaugh thence along the easterly sideline of the Cavanaugh lands on an azimuth of 1550 41' 10" a distance of 15.5 meters more or less to the northwesterly corner of the lands owned by the said Richard M. Kierstead, thence on an azimuth of 560 39' 30" along the northerly sideline of the Kierstead lands a distance of 14.99 meters or to the westerly sideline of the Gibson Road (so-called), thence along the westerly sideline of Gibson Road (so-called) on an azimuth 1550 51' 10" a distance of 26.54 meters, thence continuing along the westerly sideline of Gibson Road (so-called) on an azimuth 1550 11' 30" a distance of 5.46 meters to the place of beginning being the lands shown on the Plan of Survey to accompany street closing City of Saint John Gibson Road/Lake Drive, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd. and dated Nov. 17, 1993 and filed in the Saint John County Registry Office on Nov. 24, 1993 as number 3112. The herein described portion of street specifically includes the westerly portion of Lake Drive as stopped up and closed on December 14, 1970 to clarify the location of the metes and bounds of the westerly portion of Lake Drive as stopped up and closed December 14, 1970. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "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. Question being taken, the motion was carried. (Councillors Gould and Trites re-entered the meeting.) 11. Committee of the Whole Report (Januarv 4) 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 reports that it sat on Tuesday, January 4, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the property at 26 Taylor Avenue (NBGIC Number 471656) be sold to New Direction Inc. for a price of $27,000, with the sale to be dependent on the successful re-zoning of the property to permit the 84-432 COMMON COUNCIL JANUARY 10, 1994 construction of an apartment building; (2) New Direction Inc. be authorized to commence the re-zoning procedures for the City-owned land at 26 Taylor Avenue; and (3) agreement to sell this land neither implicitly nor explicitly obligates the City to complete the re-zoning. 2. That as recommended by the City Manager, the City surrender the repurchase option that exists on the property at 141 Chesley Drive and that the requirement that the site be developed within 5 years of transfer of the title be waived. 3. That as recommended by the City Manager, the balance outstanding of $12,000 owed by Mach Ten Investments Ltd. in connection with the rehabilitation of the property at 50 Princess Street be waived. 4. That Common Council hereby authorizes the City Solicitor or his designate to file a Reply to the section 35 Application to the Industrial Relations Board made by C.U.P.E. Local 61 dated the 21st of December, 1993, and to participate in any and all proceedings respecting the said Application. January 10, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 11 (1). Sale of Property 26 Taylor Avenue On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 11(2). Repurchase option, 141 Chesley Drive On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 11 (3). Development Agreement with Mach Ten Investments Ltd., 50 Princess Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 11 (4). Reply to C.U.P.E. Local 61 Application To Industrial Relations Board On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 84-433 COMMON COUNCIL JANUARY 10, 1994 12. Minister of Income Assistance Re Payments To SinQle People On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the response from The Honourable Ann Breault, Minister of Income Assistance, to Common Council's Committee of the Whole resolution of November 29, 1993, concerning the income assistance program for single people, referring to her recent correspondence to the City Manager on this same issue which stated that the increase in Saint John from April 1 to December 31 st of clients receiving the interim program rate has been 112 and not all of this increase can be attributable to single people who were previously paid the higher rate, went out and found employment and then came back to income assistance and having proven their employability, were then classified as employable and given the interim rate, and many would simply be young single employable applicants who would have been given the interim rate in any event, and explained that the income assistance system currently provides three service options for applicants or clients, including an Interim assistance program which is meant to provide service to employable single and two person (adults) units; an Upgrading, Training and Placement program which is meant to provide assistance to single parent and two parent families, as well as single and two-person (adults) units who for health reasons are deemed to be unemployable for up to six months, and the Long Term Established Needs program which is meant to provide assistance to clients who have severe medical problems, as well as clients who because of age, etc., have little potential for employment or exit related services -- be received and filed and a copy be forwarded to Reverend Christopher Levan of Centenary Queen Square United Church of the One Voice For All group, along with a copy of the correspondence from the Minister to Council on January 4, 1994. Deputy Mayor McAlary advised that, further to Council's discussion on January 4, the City received on January 7 a copy of the white paper on social policy reform and, after Council has a chance to review the white paper, the Minister will be asked to meet with Council to answer questions, one of which came from the presentation by One Voice For All, being how does a single person live on $257 a month. Question being taken, the motion was carried. 13. HodQes Hamm Re Real Estate Market Trend On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Hodges Hamm, a real estate agent, regarding the present real estate market trend in that many people purchase homes in the outlying communities; giving reasons why, after doing some research, people are not buying homes in Saint John; and suggesting action to encourage more out-of-towners and young local folks to buy in Saint John -- be referred to the City Manager for consideration. (Councillor Landers entered the meeting.) Question being taken, the motion was carried. *13A. Collective Agreement With Fire FiQhters, Local 771 Consideration was given to a report from the City Manager advising that, while proof reading for signing the tentative agreement which was approved by Council on December 20, 1993 with the Saint John Fighters Association, Local 771, the parties became aware that the name of Terry Gallant, a 4th Class Fire Fighter, was inadvertently omitted from the letter of agreement that specified the salary levels for present employees of the Fire Department who currently hold the rank of Fire Fighter 2nd Class, Fire Fighter 3rd Class and Fire Fighter 4th Class, and that, to properly 84-434 COMMON COUNCIL JANUARY 10, 1994 reflect the intent of both parties, Terry Gallant's name should be added to this document. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council approve the submitted revised letter of agreement between the City of Saint John and the Saint John Fire Fighters' Association, Local 771, and authorize the Deputy Mayor and the Common Clerk to execute the document on behalf of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A Vincent voting "nay". Common Clerk