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1994-04-11_Minutes 84-578 COMMON COUNCIL APRIL 11,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of April, AD. 1994, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Coughlan, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; D. Logan, Purchasing Agent; J. Johnson, Building Inspector; B. Steeves, Deputy Building Inspector; J. Baird, Manager - Development Division, Planning; J. Mcintyre, Manager, Industrial Relations; B. Malone, Planner; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Reverend Philip Ward of St. Luke's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on Tuesday, April 5, 1994, be approved. Question being taken, the motion was carried. 3. Deputv Mavor's Remarks Councillor A Vincent extended condolences to the family of the late Mr. James R. McKee, who passed away on April 6 On motion of Councillor A Vincent Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. James R. McKee. Question being taken, the motion was carried. Councillor Knibb commented on his attendance on behalf of Council at the April 9 private opening of the new Acadian exhibit, "Hale-toi une buche", at The New Brunswick Museum, which opened for the public on April 10. Deputy Mayor McAlary noted the public hearings scheduled for this meeting under items 4, 5 and 6 and the Planning Advisory Committee's inability to deal with these applications at its last meeting; and during discussion of the procedure in this regard and the possibility of persons appearing at these public hearings being provided with the opportunity to present their own views on the Planning Advisory Committee's recommendation prior to Council making a final decision, Mr. Bedford suggested that Council would use its regular rules of procedure to hear from either the applicant or persons in objection in the future after the public hearings on this date; and Mrs. Munford advised that, following the public hearing, people can only be heard with the consent of Council. 84-579 COMMON COUNCIL APRIL 11,1994 4. Amendment To Section 39 Conditions Re-ZoninQ Of 2435 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the conditions attached to the August 13, 1984 re-zoning of 2435 Golden Grove Road (NBGIC Number 469551), to permit the use of the property as a contractor's office, storage and vehicle/equipment maintenance facility, together with such further conditions that Common Council may consider necessary, to permit expanded office space within the existing building and change of use to a secured storage and vehicle/equipment maintenance facility for a contracting business, as requested by Grove Construction (1986) Inc., and that no written objections were received in this regard, with a letter from Grove Construction (1986) Inc. (copies of which were distributed to Council members at this meeting) having been received. Consideration was also given to a report from the Planning Advisory Committee advising that it was unable to consider the above-noted application at its April 6 meeting; and recommending that the public hearing be held but no decision be made by Council until the Committee makes a recommendation. Mr. Jim Bird, District Manager of Grove Construction (1986) Inc., appeared in support of the above application and, reading the above-mentioned letter, commented on the intended use of the site. Mr. Bird explained that the operation as described is one hundred per cent compatible with all existing Department of Environment regulations, and the nature of the work that Grove would be doing on the site is very similar to that of the existing pallet business and qualifies fully under the present zoning of Light Industrial; and, referring to the emphasis placed in the staff report from Community Planning on future or expected regulations, made the observation that, at present, there is no official indication of when these will come into effect or what they will involve, and that the application is before Council at this time and should be judged on the regulations applicable at this time. Mr. Bird also referred to the four questions asked in a letter from Ann Andrews which was submitted with the above correspondence from the Planning Advisory Committee; and, in suggesting that question 1 could be commented on by Planning, advised that, in response to questions 2 through 4 inclusive, the applicant does not intend to use the property for storage of any construction materials, stockpiling of salt and other road building materials; re-iterated that the storage of oil and chemicals is all to the existing Department of Environment regulations; and confirmed that the applicant has no intention of altering the tree buffer area or expanding the open area any further than what is presently there. Mr. Bird noted that he looks forward to having an opportunity to address Common Council again after the Planning Advisory Committee's recommendation is received. In response to Council queries, Mr. Bird advised that, with regard to a reference in the Planning Department's report to the possibility of the proposed operation being required to move considering the incompatibility of the proposed use and the watershed and the possibility of Department of Environment regulations in the not-too- distant future, the applicant is entering into a two-year lease, which is a fairly short-term period and, as there is not much in the way of modifications, he would not think it would be a significant problem for the applicant to relocate if it became necessary; and also advised that the distance from the rear of the applicant's physical properties, tanks or storage structures to the rear of the subject property would be approximately 300 feet, in addition to the 75 meter requirement relevant to the watershed. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Grove Construction (1986) Inc. for an amendment to the Section 39 conditions or re-zoning of 2435 Golden Grove Road be laid on the table until the Planning Advisory Committee makes its recommendation to Council. Question being taken, the tabling motion was carried. 5. ZoninQ Bv-Law Amendment. 26 Tavlor Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property located at 26 Taylor 84-580 COMMON COUNCIL APRIL 11,1994 Avenue (NBGIC Number 471656), from "US" Utility and Service to "RM-1" Three-Storey Multiple Residential classification, to construct a multiple-unit dwelling for four to six apartments, as requested by New Direction Inc., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it was unable to consider the above-noted application at its April 6 meeting; and recommending that the public hearing be held but no decision be made by Council until the Committee makes a recommendation. Mr. Peter Teed, solicitor for New Direction Inc., appeared in support of the above application, and offered to respond to questions of Council. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of New Direction Inc. for the re-zoning of 26 Taylor Avenue be laid on the table until the Planning Advisory Committee makes its recommendation to Council. Question being taken, the tabling motion was carried. 6. ZoninQ Bv-Law Amendment - 25. 27 & 29 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of three properties located at 25, 27 and 29 Golden Grove (NBGIC Numbers 301598,307462 and 300988), from "R-1B" One-Family Residential to "B-2" General Business classification, subject to a resolution or agreement pursuant to Section 39 of the Community Planning Act limited the use to a specific proposal and imposing terms and conditions, to permit the development of a parking area for the adjacent lounge at 5 Golden Grove Road, as well as the use of the properties for seasonal outdoor promotional activities, including sports and concerts, as requested by Three Mile Beverage Room (1978) Ltd., and that written objections have been received from Avid Dempster and Ronald Smith. Consideration was also given to a report from the Planning Advisory Committee advising that it was unable to consider the above-noted application at its April 6 meeting, and recommending that the public hearing be held but no decision be made by Council until the Committee makes a recommendation. Mr. Baird advised that the applicant notified staff prior to the Planning Advisory Committee meeting and after the report was completed that he would wish to amend his application to take out any reference to seasonal outdoor promotional activities that would occur on the parking lot and that, in brief, he would be proposing to use this area as a parking lot only. Mrs. Marlene Charleton of Glen Falls appeared in opposition to the proposed re-zoning; and referenced a petition to the Planning Advisory Committee and the recommendations of the Planning Department to the Committee as submitted with the above report from the Planning Advisory Committee, and expressed agreement with recommendation 1. Mrs. Charleton concurred that the applicant need a larger parking lot as area residents and business workers are having their land used and abused by parking patrons of the Three Mile Tavern and Third Street; advised that there is still a problem with noise from the music at the operation; and suggested that the parking area must have special requirements set up to protect the community and that a B-2 re- zoning with Section 39 conditions is too broad as the residents of the area want it kept residential. Mrs. Charleton asked that the Planning Advisory Committee have the Community Planning Department explore the possibility of, as is done in Fredericton under the Municipalities Act, having a residential area with special notwithstanding clauses allowing it to be used for parking; and expressed concern about the proposed uses of the property in view of the Planning Department's indication in its report that the proposed re-zoning could be supported only if the use of the property is restricted to a parking area or to another commercial use not related to the adjacent beverage room/lounge, as this could be the loop hole for even more aggravation for the community. Mrs. Charleton also suggested that the three properties should be brought together as one site to be used as extended parking alone for the Three Mile Beverage Room (1978) Ltd. and Third Street, and that no portion be used for another commercial 84-581 COMMON COUNCIL APRIL 11,1994 uses connected or not connected to the above-mentioned complex; expressed disagreement with recommendation 2(a), and expressed agreement with the requirement suggested for drainage, curbing, driveways, maneuvering space, landscaping and exits; and explained that the residents do not want an exit onto Simpson Drive and trust that the curbing will remain there. Mrs. Charleton also suggested that the fence, which was required and maintained these past months, between 19 Golden Grove Road and 25 Golden Grove Road be relocated to the back of 25, 27 and 29 Golden Grove Road to perhaps help in stifling some of the noise which the present buildings are now doing in that, once the buildings are removed, there will be more noise from cars and motor bikes; expressed the opinion that, already, the newly- zoned area at 9 Simpson Drive is now looking shoddy, with an untidy hedge and fence which were always immaculate before it went from Residential to "1-1" Light Industrial; and asked Council to supply a parking lot with many restrictions and protect residents from further distress. Mrs. Charleton expressed the view that Mr. Peter Bardsley's main thrust is to have all of the land zoned "B-2" General Business for future sale in that the zoning requested is not necessary for parking; and re-iterated her request for a review of the notwithstanding clauses on residentially-zoned areas in the Province. During discussion Mrs. Charleton clarified that she would want it to be stipulated that the three subject properties would be one property, not three separate lots, and that it is the parking lot necessary for the establishment, and Mr. Baird confirmed that, if the three lots were re-zoned, the Section 39 condition for a parking lot only would apply to the entire parcel. Mrs. Jean Urquhart of 55 Golden Grove Road addressed Council in opposition to the proposed re-zoning; noted that her name is on the above-mentioned petition; and commented on the noise problem in the area. Mr. Peter Bardsley, owner of the Three Mile Beverage Room (1978) Ltd. and Third Street, spoke in support of his application for the re-zoning of the subject properties on the basis that it is required in order to provide better parking arrangements for his patrons, such properties having been purchased in the fall of 1993 after the opening of Third Street as part of a solution to help properly manage the number of persons visiting both the Three Mile and Third Street; and expressed the view that the re-zoning is the next logical step in solving the problem. Mr. Bardsley advised that he has voluntarily withdrawn the idea of an outdoor amphitheatre stage that would allow for early-evening concerts, which was included in the original proposal, after reviewing the concerns of the citizens and the report and recommendations of staff; also advised that he has done everything that he can in his community to make things work properly for the residents and is prepared to do more; and asked that, rather than deal with comments about his building motel or putting the properties together and sell them as a block, Council deal with the facts. During discussion Mr. Bardsley confirmed that the purpose of the application is for the three subject lots to be zoned in a manner to allow a parking lot to be established and that the second portion involving outdoor activities was withdrawn a week ago this date; stated he has no intention of using the parking lot for any other purposes that parking automobiles for his customers; advised that it is acceptable to him to relocate the fence to the end of the parking lot; and that, with regard to the Planning Department's recommendations, advised that, while he has no problem with the bulk of the recommendations, he would question the number of exits leaving the parking lot based on the number of automobiles that could be in this large parking lot and would request a second exit onto Golden Grove Road, not onto Simpson Drive. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Three Mile Beverage Room (1978) Ltd. be laid on the table until the Planning Advisory Committee makes its recommendation to Council. Question being taken, the tabling motion was carried. 84-582 COMMON COUNCIL APRIL 11,1994 7. Geneva Roth Holdings II Ltd. - Unsightly Premises By-Law, Dilapidated and Dangerous Building - Former Interns Residence & ConnectinQ Walkwav. 199 Waterloo Street Notice had been given to Geneva Roth Holdings II Ltd., owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road, to appear to show cause, if any, why Common Council should not find the Interns Residence and Walkway to be dilapidated or dangerous so as to be dangerous and unsightly and to require Geneva Roth Holdings II Ltd. to remedy the condition, within such time as Common Council may set, by either demolishing the Interns Residence and Walkway or by carrying out the work as set out, such matter having been deferred by Council on February 28, 1994. No person was present to speak in opposition to or in support of this matter. Consideration was given to the previous report from the City Manager and the previous letter from Geneva Roth Holding Ltd. considered on February 28, 1994, as well as an excerpt from the minutes of the February 28, 1994 Common Council meeting with respect to the above matter. 7{a) Letter from Geneva Roth HoldinQs II Ltd. Consideration was also given to a letter from Geneva Roth Holdings II Ltd. advising, further to its letter of February 25 respecting the above-noted property, potential purchasers of the Hospital complex are proceeding with due diligence and dispatch, and encountering favourable response to their inquiries at all levels of government; and, with regard to its indication that it would be obtaining professional and technical assistance to deal with the City's concerns, it has had contact and meetings with various contractors respecting cleanup and renovation, as well as meetings with companies involved with demolition, the most recent of which was March 31, and their formal reports are being awaited, following with Geneva Roth Holdings II Ltd. would be in a position to advise the City as to the Company's direction; and requesting, as the information required is anticipated by month end, that this matter be further set over for another 4 weeks. Councillor Knibb asked the City Solicitor whether Council without any further instructions may give a further extension of thirty days on the above matter whereupon Deputy Mayor McAlary advised her intent to first ask Mr. Johnson to speak. Mr. Johnson, referring to the previously-submitted report from the City Manager dated February 23 1994 describing the former Interns Residence at the Old General Hospital site at 199 Waterloo Street as unsightly and dangerous, advised that he believes this is the situation with the building at this time and there is no substantial change to the building; and also advised that, while it was his understanding that it was the intent of Council when it tabled the matter at its February 28 meeting that the owner of the property was going to do something to make the building more secure during the time that Council waited while the owner assessed the building, pursuant to the tabling motion, no such activity has happened, at least not that he nor his staff could ascertain. Mr. Johnson expressed the opinion that the building is still dangerous, unsightly and the condition has not changed, and there is no reason to not proceed. Mr. Johnson, in response to the Deputy Mayor's query as to the required time period, advised that the length of time in any case is relatively long in that, if Council adopts the resolution, a month would probably be required for the City to serve the required notice and the resolution provides the owner with sixty days to do the work, which means that there would be probably three months involved before there would be a legally-served document with the owner in default, assuming the owner would go in default as he might demolish the building; therefore, for the City to take any further action, at least three months would elapse. Mr. Rodgers noted that the resolution recommended for Council's adoption includes a blank where a date is to be inserted, and Mr. Johnson advised that the date would be February 23, 1994, being the date of the City Manager's report to the February 28 Council meeting. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the following resolution be adopted, namely:- 84-583 COMMON COUNCIL APRIL 11,1994 "WHEREAS the records in the Saint John County Registry Office show Geneva Roth Holdings II Ltd. to be the owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road in the City of Saint John, in the County of Saint John and the Province of New Brunswick, the said parcel of land being identified as Parcel 14514 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B" and being more particularly described in Parcel "A" which was submitted hereto and was attached to the Deed to Geneva Roth Holdings II Ltd. from W. S. Reid Chedore In Trust which was dated November 30, 1990 and was recorded in the Saint John County Registry Office on November 22, 1991 in Book 1540 as Number 374557 at pages 447-453; AND WHEREAS the property is located in an area mentioned in the By-Law entitled, "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there are located upon this property a building and an elevated, enclosed, attached walkway which are hereinafter referred to as "the Interns Residence and Walkway", the Interns Residence and Walkway shown on the submitted Schedule "C" and their location on the parcel of land is approximately as shown on Schedule "B"; AND WHEREAS the Interns Residence and Walkway are dilapidated or deteriorated so as to be in a dangerous and unsightly condition, the particulars of such dilapidation or deterioration and such dangerous and unsightly condition are set out in the report of David Crawford which is dated January 26, 1994 and the further the report to Common Council from the City Manager and others which is dated February 23, 1994; AND UPON reading and considering the opinion of Glen Tait, Fire Chief of the City of Saint John, set out in his letter dated January 14, 1994 to Mr. Bert Steeves, Deputy Building Inspector, and also the opinion of David J. Sherwood, Chief of Police of the City of Saint John, set out in his letter dated December 23, 1993 to Mr. Steeves: BE IT RESOLVED that Geneva Roth Holdings II Ltd. is hereby required to remedy the dangerous and unsightly condition of the Interns Residence and Walkway within 60 days after a notice from the Building Inspector of the City of Saint John is served upon it in accordance with section 190(4) of the Municipalities Act of New Brunswick, be either demolishing the Interns Residence and Walkway or by carrying out the following work: Interns Residence 1) Carry out such work as is needed to prevent easy access to its interior; 2) Remove any ceiling material which presents a danger to persons; 3) Clear the floors of all materials littering them; 4) Clear the stairways of all materials littering them; 5) Remove all glass remaining in the window frames; 6) Either adequately secure or remove any loose or damaged materials about the aluminum framed portions of the easterly and westerly walls of the building; 7) Replace or reinforce any corroded structural steel and deck pan and protect them from further damage; and 8) Remedy the unsightly condition of the building by closing up all exterior openings with materials and structure designed to resist prolonged exposure to the elements and constructed in such a manner so as to present a uniform exterior appearance over all of the building; Walkway 1) 2) Carry out such work as is needed to prevent easy access to its interior; and Clear the floor of all material littering it: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve notice upon Geneva Roth Holdings II Ltd. in accordance with section 190(4), which requires it to either demolish the Interns Residence and Walkway or carry out the aforesaid work to remedy the dangerous and unsightly conditions within 60 days of the service of the notice upon them: BE IT FURTHER RESOLVED that in the event that Geneva Roth Holdings II Ltd. does not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an order which would require Geneva Roth Holdings II Ltd. to either demolish the Interns Residence and Walkway or 84-584 COMMON COUNCIL APRIL 11,1994 carry out the aforesaid work to remedy the dangerous and unsightly condition within 15 days or such further time as the Court deems appropriate.". Mr. Johnson, responding to Councillor M. Vincent, advised that he was in contact with the property owners last week and will continue to be in contact with them and certainly would have no problem in reporting to Council within thirty days in this regard. Councillor Knibb expressed opposition to the above motion in that Council is aware of a plan afoot for the development of the subject area and should vote to accede to Geneva Roth Holdings II Ltd. 's request; and Councillor A. Vincent commented on the matter on the basis that Council dealt with people in Committee of the Whole in this regard, and his opinion that the building is no worse than it was a year ago. With regard to the question of liability asked by Councillor Rogers, Mr. Rodgers advised that it would be inappropriate for him to indicate that there would be any liability on the part of Council and that Council is expected to act prudently and assess all the facts, bearing in mind that Council is not in place simply to approve every recommendation that comes before it but to weigh what it has before it and make a decision in good conscience on what is believed to be in the public good and that, while he is not aware of any problems should Council not adopt the above resolution at this meeting, that does not mean that there are not any. Councillor Trites asked if, with the knowledge that the property in question along with the rest of the property has an option on it, there is anything Council would do in adopting the above motion which would preclude ongoing negotiations between the owner of the property and those people who now have the option, to which Mr. Totten replied that, with respect to the arrangements between the current owners and those who have the option on the property, it is his understanding that there is within the agreement an article dealing with the situation should the current owners of the building receive an order from the Building Inspector and, although he is not sure of the details, they will be back to the City to discuss the issue if it causes a problem; and expressed the opinion that the City has been fair to the current owners and has an obligation to proceed in the direction indicated, and confirmed that Council, by its proposed action, would not be creating any surprise for the proposal that may be coming forward from those who have the option. Mr. Rodgers made the observation that, if circumstances change that require negotiations as a departure from the above resolution, the Building Inspector is free to come back to Council to get that changed. Mr. Johnson commented on the difference in the procedure before Council at this time and the procedure under the 1925 Building Act, and clarified that parts of the comments in the reports from Chief Sherwood and Chief Tait which were submitted with the above report from the City Manager relate to buildings not subject to discussion at this time and should not be considered b Council; specifically, the Interns Residence does not have any holes in the floor for anybody to fall through, nor does it have an elevator shaft to fall down. Question being taken, the motion was carried with Councillors Knibb and A. Vincent voting "nay". 8. Saint John Regional Exhibition Centre Commission Audited Financial Statements and Annual Report Messrs. W. Nugent, Chairman, and P. Meier, Secretary-Treasurer, of the Saint John Regional Exhibition Centre Commission; and N. Campbell, General Manager, and J. Warrington, Director of Finance & Administration Division, of Harbour Station, were present at the meeting, and Mr. Nugent noted the previously-submitted Annual Report, following which Mr. Meier, through a slide presentation, reviewed the Commission's Audited Financial Statements for the year ending December 31, 1993, noting the two markets in which Harbour Station operates, the first being the market for patrons, the other being the market for the acts themselves; and, with respect to the nature of the business, explained that the majority of the cost of running a facility like Harbour Station is fixed and, as a result, the key variable is the amount of revenue that can be attracted to the building, the number of acts and the number of persons who attend those acts. Mr. Meier advised that, with regard to the bottom line result of a deficit of $461,507 which represents $11,507 over the 1993 budgeted amount of $450,000, the Commission is pleased about coming within 2 per cent of the 1993 budget forecast because it is difficult to create a budget in the first year of operation as there is no history. Mr. Meier summarized the financial status to the end of February of fiscal year 1994 in that, while revenues and expenses are above budget by about $70,000, the Commission thinks it can sustain this during the balance of the year; and commented on some of the major items that represent the differences in both the revenues and expenses for the two-month period, including an increase in revenue from other events for such things as the Home Show, extra parking relative to the events, service charges 84-585 COMMON COUNCIL APRIL 11,1994 on tickets; attendance at the Saint John Flames' games, concessions, interest on temporary capital, commission on amusement taxes and things of that nature; and an increase in expenditures relevant to maintenance largely attributable to the correction of a sight line problem in the club seating area, and increases in wages and benefits largely attributable to part-time staff and snow removal, and supplies due to a bit of timing difference in that there is a supply of unused tickets which should serve the facility for the rest of the year, as well as other minor items, with a decrease in marketing and promotion because to date Harbour Station has been successful in attracting enough acts that it has not had to promote individual acts itself directly as promoter. During discussion Mr. Meier advised that Harbour Station has 14 permanent employees and over 200 part-time employees; and Mr. Campbell advised that restaurants, coffee shops, bars and entertainment facilities are expressing many positive comments to Harbour Station about both pre- and post-event spin-off benefits, and it is assumed that the taxi cab business is experiencing the same type of business. Deputy Mayor McAlary commended the efforts of the Commission members and Mr. Campbell and staff of Harbour Station. (Councillor Trites withdrew from the meeting.) On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that Council approve an additional $11,507 in funding with regard to Harbour Station's operation deficit for 1993. Question being taken, the motion was carried. 9. Uptown Strategy Working Group - Uptown StrateQV and Action ProQram Mr. Sterling Brown, Chairperson of the Uptown Strategy Working Group, addressed Council on the results of the public review stage of the Strategy process and recommended to Council the Uptown Strategy and Action Program, as detailed in the previously-submitted brief; referenced the December 1993 presentation to Council of an interim draft Strategy and Action Program; and made the observation that the Working Group is now confident that the Strategy and Action Program reflect the community vision for Uptown Saint John to the year 2004. Mr. Brown noted that, during the December 1993 status report presentation, the Working Group indicated that the draft Strategy contained two policies and related actions, which reflected the best information the Group has available at that step in the preparation of the Strategy, but which may not have been resolved to the satisfaction of Council, those being the policies on Concentration of Development in the Uptown area (Policy 6.4.2.1), and Establishment of Community Policing in the peninsula area (Policy 6.5.1.1), and advised that the Working Group can now report that there is a consensus from those who replied that Policy 6.4.2.1 should encourage major concentrations of office and commercial space to locate Uptown, and that the requirement for an economic impact assessment should be deleted from the Strategy as the business community is confident that the Uptown Strategy itself, and the participation of Strategy partners in implementation of the Action Program, will be sufficient stimulus to encourage major development to locate Uptown; and also advised that, although community policing is one method which has been found successful in enhancing public safety, other actions may also be identified during the ten-year time frame of the Uptown Strategy and, to ensure that the important principle of public safety remains prominent, Policy 6.5.1.1 has been amended to emphasize that principle, and community policing is identified in the Action Program as an action that may implement the Policy. Mr. Brown also advised that the Working Group understands that formal Common Council adoption of the recommended Strategy which involves a Municipal Development Plan requires an advertised public presentation, a recommendation from the Planning Advisory Committee and a public hearing pursuant to the Community Planning Act, and would be pleased to respond to any questions Council may have with respect to the recommended Strategy or Action Program and will participate in the legislated process if Council deems necessary; and, having completed its task as set out by Council in the Strategy process, the Working Group presents the document for Council's consideration. Deputy Mayor McAlary thanked the members of the Uptown Strategy Working Group for their efforts in this regard, and advised that the City Manager has 84-586 COMMON COUNCIL APRIL 11,1994 asked for the opportunity to review the above document for a two-week period and report to Council. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Common Council thank the Uptown Strategy Working Group for its presentation of the Saint John Uptown Strategy and Action Program, and refer the matter to the City Manager for a report to Council. Question being taken, the motion was carried. 10. Bid - CleaninQ Adelaide Street Complex On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the bid of Phoenix Commercial Cleaning, in the amount of $13,800 (all taxes included), be accepted for the provision of janitorial services to the Parks Department complex, Adelaide Street, for a period of 24 months. Question being taken, the motion was carried. 11. Tender - Concrete Grade RinQs On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Superior Concrete Products be accepted for the supply of concrete grade ring segments and risers, as per the unit prices indicated in the submitted bid summary. Question being taken, the motion was carried. 12. Tender - Contract 93-4 Rifle RanQe Municipal Services On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, contract 93-4, Rifle Range Municipal Services, be awarded to Galbraith Construction Ltd., at the bid price of $217,517, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 13. Tender - Pumper/Rescue Truck On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Metalfab Ltd., in the amount of $449,700 (plus taxes), be accepted for the supply of a combined pumper/rescue unit. Councillor A. Vincent asked why the City is buying more equipment if it is calling in the packages offered to the fire fighters on retirement, to which Deputy Mayor McAlary made the observation that this matter is to be considered by Council in Legal Session later this date. Councillor A. Vincent asked for information in this regard so that he could vote on the above mater, to which Mr. Totten replied that Council's approval is requested as a result of the procurement process and identification of the low tender and, with respect to the next step in this acquisition and having spoken to Chief Tait in 84-587 COMMON COUNCIL APRIL 11,1994 that this has been the direction Council has agreed to take, if in the next few days it is decided otherwise being fully aware of the action that might be required, the purchase order will not be issued. (Councillor Trites re-entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 14. Tender - Security Guard Services On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Atlantic Provincial Security Guard Service Ltd., in the amount of $6.10 per hour (plus tax), be accepted for the provision of security guard service to various sports fields and the Rockwood Park Golf Course and Aquatic Driving Range for the period of May 13 through November 11, 1994. Question being taken, the motion was carried, with Councillor A. Vincent voting "nay". 15(a) Tender for Janitorial Services City Hall Complex 15{b) Phoenix Commercial CleaninQ Ltd. re Above Tender Consideration was given to a report from the City Manager submitting a summary of bids received in response to the tender for janitorial services for the City Hall complex, which included as an extra the cost to provide cleaning service to the West Police Station on Fairville Boulevard and the East Police Station on Courtenay Avenue to determine a cost for this service well in advance of any need which may arise; advising that one of the tenderers, Phoenix Janitorial Services, failed to include a signed copy of the tender addendum with its bid and, although staff is confident that Phoenix received and complied with the addendum, the City's procurement policy dictates that failure to include a required document with the tender is cause for rejection, and staff has no alternative but to recommend rejection of the Phoenix tender; and recommending the award of the tender to Adora Cleaning Ltd. Consideration was also given to a letter from Phoenix Commercial Cleaning Ltd. advising that it did not receive an addendum for the above tender and that, as Phoenix has always adhered to proper procedures of the City's tendering process, there would be no reason whatsoever for not submitting it, other than the fact that Phoenix did not receive it. Deputy Mayor McAlary asked the importance of the addendum in view of Phoenix being the low tenderer, to which Mr. Logan explained that an addendum is an integral part of the tender process used to advise bidders of a change in the specification or the design of a particular tender or, as in this particular case, as a clarification if an error is recognized by staff prior to the tender closing; also explained that, in one part of the above tender, staff indicated that the bid deposit was to be $5,000 but on the form of tender document it indicated that was to be $500, and the only vehicle presently available to staff to advise bidders of a change of this nature or a clarification is a addendum; therefore, with that in mind, staff created the addendum, contacted the bidders to let them know that there was an addendum, distributed the addendum to the bidders who appeared at the pre-bid meeting to which all of the bidders were invited to tour the building and contacted those bidders who were not at the meeting to advise them that there was an addendum and request them to send someone in to pick it up, and again advised in a timely fashion those who did not pick it up that it was there, and that those who chose not to pick the addendum up had it faxed to them. Councillor Coughlan noted the letter from Phoenix indicating that it did not receive the addendum, as well as the significance of the contract award, and asked if the matter should be tabled for review; and Councillor Trites expressed concern about the number of different tenders coming in where one, two or in some cases three bidders are being excluded because they have missed one little piece or something within the document, and asked if the City's requirements are that complicated and if there is a need for staff to address that, making the observation that it costs companies money to put tenders together in the hopes that they will be the successful bidder; the latter to which Mr. Logan 84-588 COMMON COUNCIL APRIL 11,1994 commented on the basis that this particular tender, more that any other tender, has brought to staff's attention the addendum process and, since being aware or this particular situation, he has been in contact with some private industry people and other municipalities to see what vehicles they use to advise bidders of a change, and advised his intent to explore the possibility of a clarification document which is strictly an advisory document that does not have an impact on the bid price. Councillor Trites noted the total value of the tender of $165,240 plus taxes if awarded to Adora Cleaning Ltd. as recommended, and asked the total tender value if Phoenix were to be awarded the tender as the low bidder despite having missed returning the addendum, to which Mr. Logan replied that, if Phoenix were to be awarded the tender, the total tender value is $157,032 plus taxes, a difference over the period of the tender of $8,208 plus taxes. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the tender for the provision of janitorial services for the City Hall complex for a period of two years be awarded to Phoenix Commercial Cleaning Ltd. at the prices contained in the submitted summary of bids. Deputy Mayor McAlary, in response to a request from a person in the Council Chamber to address Council, advised that it is not proper procedure for her to allow someone from the audience to speak without first having a vote of Council and that, after having given the Council members who wish to speak an opportunity to do so and before calling the question on the above motion, she would ask Council if it does wish to hear from the person concerned in the audience. Councillor Rogers expressed the opinion that the tender should be declared null and void and a new tendering process be started for this service. Mr. Logan, in response to Councillor Landers, explained why staff feels strongly that Phoenix received the addendum and, upon his confirmation that, has another bidder who submitted the low tender not submitted the addendum, that bidder would not have been recommended to Council. Councillor Landers made the observation that everybody concerned was on the same level and that, if Council accepts the Phoenix tender in this instance, it would have to do so in other instances like this; and Councillor Coughlan spoke against the above motion in that it would be a deviation from the tendering process. Councillor M. Vincent asked that City's legal position in this regard, to which Mr. Rodgers replied, that, if Council was interested in knowing the City's legal position, he would ask that it be referred so that he could examine the matter. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager and appropriate staff for a further report. Councillor Landers, speaking on the appropriateness of the referral motion, expressed the understanding that, as the City has been tendering for many years, it must have a legal right to do that and the procedure must be legal; therefore, the addendum that has been used for changes must be legal. Question being taken, the referral motion was carried with Councillors Landers and Rogers voting "nay". Deputy Mayor McAlary suggested that the person present at the Council meeting, who had indicated his desire to address Council earlier in this meeting, could contact City staff for further information, is he so wished 16. C.U.P.E. Local 61 Application To Industrial Relations Board Consideration was given to a letter from the City Solicitor submitting a copy of an Application to the Industrial Relations Board by C.U.P.E. Local 61 , Saint John Policemen's Protective Association, dated March 29, 1994, contending that the reporting relationships in the Western and Northern Districts have been altered and that such an alteration is improper during negotiations; and submitting a proper resolution for Council's consideration to establish the required authority to file a Reply and proceed with the matter before the Board. 84-589 COMMON COUNCIL APRIL 11,1994 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Common Council hereby authorize the City Solicitor or his designate to file a Reply to the Section 35 Application made by C.U.P.E. Local 61 to the Industrial Relations Board and dated the 29th day of March, 1994, and to participate in any and all proceedings respecting the said Application. Mr. Rodgers, in response to Councillor A. Vincent's query about the cost and the reason for the proposed action, advised that the City is seeking authority to appear before the Industrial Relations Board which would involve examining witnesses and preparing a case; however, it is certainly not appropriate whatsoever to discuss at this meeting what that defence is going to be; whereupon Councillor A. Vincent asked if the City had just lost a case under the same section. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 17. Committee of the Whole Report Read a 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, AprilS, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the City accept $92,000 as final settlement pursuant to Clauses 5 and 9 of the lease with Riviera Restaurant (1972) Ltd. with regard to the Reversing Falls Tourist Information Centre. 2. That as recommended by the City Manager, the 1994 rent to be paid by the Human Development Council for space in the City Market be set at $8,000. April 11, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 17(1). Final Settlement Re Lease ReversinQ Falls Tourist Bureau On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 17(2). Human Development Council - Rent On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 84-590 COMMON COUNCIL APRIL 11,1994 18. Subdivision - 1180 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to one or more subdivision plans, in one or more phases, for the proposed garden home development, as well as to any required municipal services and utility easements, with regard to a subdivision at 1180 Manawagonish Road; (2) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including drainage and site plans for the approval of the Engineering Department, as well as the development of the proposed public pedestrian access with concrete sidewalk, appropriate landscaping and fencing; (3) assent to the new proposed land for public purposes, which is approximately 4067 square metres (43,782 square feet) for the proposed garden home development; (4) credit the remaining proposed land dedication of approximately 2139 square metres (23,029 square feet) for future residential development on the adjacent property to the east; and (5) authorize cost-sharing for the extension of municipal services outside the limits of the proposed subdivision. Mr. Baird, in response to Councillor Rogers, noted that third reading of the Zoning By-Law amendment to re-zone the above property was given at the last Council meeting, and advised that the Committee's recommendation would leave the existing land for public purposes at the corner of Scotia View Drive and Manawagonish Road intact, which was the concern of the presentation made to Council, and that the large central public purposes parcel fronting on Manawagonish Road, while somewhat modified from the original proposal, represents a comprise reached among the developer, citizens and staff; and Councillor Rogers noted her previous request for a report on the matter of land for public purposes based on her concern about the appearance of such land due to lack of manpower to look after and cut the grass on these public purposes areas. Question being taken, the motion was carried. 19(a) Subdivision - 593-600 Wallace Court 19{b) Redpath Realty Ltd. re Above Subdivision Consideration was given to a report from the Planning Advisory Committee submitting a recommendation with regard to a proposed three-lot subdivision at 593-600 Wallace Court; and advising that the Committee approved the requested variances for the proposed subdivision. Consideration was also given to a letter from Mr. James J. Coloris, President of Redpath Realty Ltd., advising that the Planning Advisory Committee's notices to area property owners were not received in sufficient time to provide for proper consideration and preparation of comments for submission and that the Planning Department's report was not available until 4 p.m. on Thursday, March 31; and requesting that consideration of the above matter be postponed by Common Council for at least one week. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be referred to the City Manager for a report to Council. Councillor Knibb's initial motion was to refer the above matter back to the Planning Advisory Committee, whereupon Deputy Mayor McAlary asked if the matter should be referred to staff because some of the residents would like to speak to staff on this issue and feel it would be beneficial to have two weeks to do so, and also asked if Mr. Baird is aware of the residents' concerns, to which Mr. Baird replied that staff is aware of the residents' concerns to which there may be a resolution on which staff could submit a report to Council but, on the other hand, it may be that the final position and final recommendation in terms of what can be resolved among the various parties may end up being the same. Question being taken, the referral motion was carried. 84-591 COMMON COUNCIL APRIL 11,1994 20. Environment Minister re Environment Committee On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, expressing the understanding that the current City of Saint John Environment Committee is no longer active; and encouraging Council to revitalize that organization at the earliest possible time -- be received and filed. Deputy Mayor McAlary advised that the City Manager has forwarded a letter to the Mayor, Chairman of the Nominating Committee, asking that this item be reviewed and action be taken on it at the next Nominating Committee meeting. Question being taken, the motion was carried, with Councillor M. Vincent voting "nay". 21. Cities of New Brunswick Association Request For Resolution Submission On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the memorandum from Cities of New Brunswick Association, Inc., advising that the date for submitting resolutions to the 1994 Spring Meeting in Fredericton is Wednesday, April 20 -- be referred to the City Manager. Councillor Knibb noted that Council has one issue for a resolution to the Cities of New Brunswick Association, that being on pornography. Question being taken, the motion was carried. 22{a) & (b) Robert Jones. S. Gordon re Pet Stores On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letters from (a) Robert Jones and (b) S. Gordon regarding pet stores and abuse of animals -- be referred to the City Solicitor. With regard to a question on the status of the anticipated report on the above matter, Mr. Totten advised that this issue is on the work program in Development Services and Building Inspection and he would have to have further discussion with staff in terms of timing. Question being taken, the motion was carried. 23. Saint John Deaf and Hard Of Hearing Request For Financial Assistance On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Saint John Deaf and Hard of Hearing listing its services in Saint John and the surrounding areas for which support has halted because of an organization called Canadian Cultural Society of the Deaf which has come to the City raising funds which will go back to Alberta; and requesting financial assistance -- be received and filed. Question being taken, the motion was carried. 84-592 COMMON COUNCIL APRIL 11,1994 23A. Kiwanis Club of Saint John Limited Grant re Use of Rockwood Park Golf Course On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Kiwanis Club of Saint John Limited requesting a grant equal to the day's revenue at the Rockwood Park Golf Course for its Kiwanis Golf Classic project -- be referred to the City Manager. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's recommendation on the lease of the Reversing Falls Restaurant, which was considered in Committee of the Whole earlier this date under item 28, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. * Lease - ReversinQ Falls Restaurant On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the building known as the Reversing Falls Restaurant be leased to Aquarius Ltd. and S.A.K.I.S. Gourmet Services Ltd., under the following terms and conditions:- 1. The lease to be for the building known as the Reversing Falls Restaurant and the equipment shown on Schedule "A"; 2. Term of lease - June 1, 1994-May 31, 2004, with option to renew for further period under terms to be negotiated; 3. Rental payable in equal monthly payments in advance based on the following yearly rent: June 1, 1994-May 31,1997 - $15,000 June 1, 1997-May 31,1998 - $17,400 June 1, 1998-May 31,1999 - $19,800 June 1, 1999-May 31,2000 - $22,200 June 1, 2000-May 31,2001 - $24,600 June 1, 2001-May 31,2002 - $27,000 June 1, 2002-May 31,2003 - $29,400 June 1, 2003-May 31,2004 - $31,200; 4. Tenant responsibilities: 4.1 Operate facility on a year-round basis unless otherwise approved by City; 4.2 Primary operation to be a licensed restaurant and associated lounge but may include other operations such as the gift shop and theatre, or other use as approved by the City of Saint John; 4.3 Provide the City of Saint John with an acceptable area to be used as a Tourist Information Centre between May 1 and October 31 of each year, and the City will advise the lessee by March 1 of each year of its intent to use the space; 4.4 All interior maintenance including painting, decorating, cleaning, replacement of light bulbs; etc.; 4.5 Payment of all building operating costs with the exception of those items included in "City Responsibilities" under Clause 5; 4.6 Any interior renovations which must receive the prior approval of the City Department responsible for rental of the premises; and 84-593 COMMON COUNCIL APRIL 11,1994 4.7 Supply and maintenance of all exterior signage for the restaurant, the type and design of which shall be approved by the City, and the attraction signage shall be the responsibility of the City; 5. City responsibilities: 5.1 Maintenance of the exterior of the building; 5.2 Maintenance of the electrical, plumbing, water, sewer and structural components of the building; 5.3 Maintenance of the grounds, including Falls flood lights; 5.4 Payment of property taxes, fire and liability insurance; 5.5 Maintain Fallsview Drive as an operational public street on a year-round basis; and 5.6 The City may provide up to three (3) duplicates of the video for use in the theatre per year, and also reserves the right to withdraw the video and not provide a replacement; 6. The lessee will be given an option for a period of 2 years, to lease the adjoining land included in the call for development proposals, and exercise of the option will be dependent on the acceptance of a development plan by the City and the successful negotiation of the lease terms; 7. The lessee agrees the furnishings and the equipment listed on the schedule remains the property of the City of Saint John and the lessee is responsible for any required maintenance or repairs and, if any of the furnishings or equipment becomes incapable of or impractical to repair, it may be replaced by the lessee and will remain his property providing notification of the replacement is given to the City in writing; and 8. The lessee agrees to spend a minimum of $30,000 in interior improvements during the first year of the lease; and that the Mayor and Common Clerk be authorized to execute the lease in this regard. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk