Loading...
1994-04-18_Minutes 84-594 COMMON COUNCIL APRIL 18,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of April, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Knibb, McAlary, Rogers, Trites 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; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; B. Morrison, Director of Parks; J. MacNamee, Assistant Deputy Chief of Police; G. Tait, Fire Chief; G. Yeomans, Manager of Accounting Services; B. Belyea, Budget Officer; D. Logan, Purchasing Agent; J. Baird, Manager- Development Division, Planning; B. Steeves, Deputy Building Inspector; R. Murray, Senior Transportation Policy Advisor; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. Call To Order - OpeninQ Prayer The Mayor called the meeting to order, and Reverend Lloyd Lake, a retired Anglican Clergyman, 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 April 11, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins referred to the Adopt-A-Block program, sponsored by Uptown Saint John and the South Central Citizens Council taking place in the south end of the City, with judging to take place on June 25. Councillor Knibb noted that Saturday, April 23 is St. George's Day. Deputy Mayor McAlary announced that commencing June 18 Air Nova will be launching direct air service from Saint John to New York. Brenda Farren appeared before Council to announce that the Victorian Order of Nurses will be hosting their second annual VON Loyalist Ball, dinner, dance and silent auction on May 14 at the Saint John Trade and Convention Centre and extended an invitation to Council and the citizens of Saint John to attend the event. (Councillor Rogers entered the meeting.) Mayor Higgins noted that today he cut the ribbon at the Saint John Volunteer Centre to officially open Volunteer Week and proclaimed the week of April 17 to 24 to be Volunteer Recognition Week in the City of Saint John. 4. Tree removal - ManawaQonish Road Read a letter from Councillor Rogers advising that she attended a meeting with individuals concerned about the removal of trees on Manawagonish Road; 84-595 COMMON COUNCIL APRIL 18,1994 that the Director of Parks gave an excellent presentation and outlined his position why the trees should be removed and that the meeting ended on a very positive and productive note with a committee to be formed to work in consultation with City staff and other interested parties; that she was asked to bring to Council the request that a moratorium on cutting the trees be put in place until the committee and staff have completed their deliberations. 22. Citizens' Ad-Hoc Committee re tree removal Consideration was also given to a letter from Rev. Lloyd Lake and Messrs. Graham Savage, William Ryan and John Noddin, advising that following notification from the Parks Department that 18 trees were to be removed from Manawagonish Road and were not to be replaced, and an agreement by Council to hold a public meeting on April 12th, an "ad-hoc" committee of citizens living in the vicinity of Manawagonish Road met to discuss the situation prior to the April 12 public meeting. The letter discusses a number of observations with respect to forest management, limited management and notes that given the unpleasant prospects the removal of these trees presents to citizens, it is important that innovative actions be taken immediately to manage these changes effective and offers the following suggestions for consideration: (1) a joint Action Committee be formed to review the City's Urban Forest Resource Management Plan for Manawagonish Road, and further develop the plan to take advantage of the many opportunities for improving this resource over time; (2) suitable representation on the Action Committee could include the appropriate city staff, selected concerned citizens, representatives of the Arbour Day Committee, City Beautification Committee, and the Preservation Review Board, the City Solicitor, and selected member(s) of Common Council; (3) the Committee immediately engage a professional urban forester to assist in further development of the Management Plan; (4) the Committee seek support and input from a number of professional forestry organizations including the Maritimes Section of the Canadian Institute of Forestry, the New Brunswick Forestry Association, the Association of Registered Professional Foresters of New Brunswick, the University of New Brunswick Faculty of Forestry, the Canadian Forest Service-Maritimes Region, and the New Brunswick Department of Natural Resources and Energy; (5) citizens and businesses be provided with a focused method of contributing to a "Trust Fund" to support the long term management of the forest resources of Manawagonish Road which could be facilitated by the citizen component of the Action Committee and the City Solicitor; (6) moribund trees which must be removed can also contribute to the long term management strategy; (6) local schools, youth organizations, service clubs and community groups be invited to participate in the management plan in a variety of ways including working on maintaining and enhancing the resource directly, fund raising, and simply by becoming aware of the program and its implications; (7) by generating revenue directly through fund raising and sale, provincial and federal departments involved in forest management, employment and economic development will be far more interested in participating financially on a cost-sharing basis. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the above correspondence be received and filed: AND FURTHER that a moratorium on the cutting of trees on Manawagonish Road be put into effect until Council receives a report from the residents' committee and staff by July 1, 1994. Responding to a request from the Mayor to put a time frame on the requested report, Councillor Rogers advised that the first of July would give sufficient time for the report, noting that the report will be a model that could be used throughout the City because this is just one area where tree cutting is to take place. Deputy Mayor McAlary asked if consideration is being given to the safety factor and was advised by Mr. Totten the onus is on the citizens committee to bring the resources to bear and noted that city staff would be of assistance and that it is appropriate for a time limit on the review by the committee and concurred with July 1 st as being an appropriate date unless it can be presented earlier. Question being taken, the motion was carried. 84-596 COMMON COUNCIL APRIL 18,1994 5. Progress payment contract 92-26 KinQ's Square steps On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- Contract 92-26 King's Square Steps Kino's Square Steps Beattie Construction Services Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated April 11/94 Final holdback release (Payment to be made to Doane Raymond Limited, In Trust as per instructions from Trustee). 1. $ 54,200.00 54,369.34 Nil 46,213.94 8,155.53 533.53 8,155.40 Responding to an observation from Deputy Mayor McAlary that complaints had been received that the wheelchair ramps were too steep and if this has been addressed, the City Manager advised he will check with the Director of Engineering and advise the Deputy Mayor accordingly. Question being taken, the motion was carried. 6. Meadow Land Subdivision - Phase 4. Thistle Street Read a letter from the City Manager advising that Manford M. Thompson Construction Company Limited entered into a Subdivision Agreement with the City of Saint John on May 7, 1993, to develop the Meadow Land Subdivision; that as part of the agreement, the developer submitted a Letter of Guarantee in the amount of $26,000.00 to ensure completion of the remaining work at the time of the subdivision plan approval; that the developer has now completed part of this work which is estimated to be in the amount of $20,000.00 and that the remaining work, consisting of asphalt seal coat paving and landscaping is valued at $6,000.00; and recommending that pursuant to Clause 25.2 of the Subdivision By-Law, that the security amount for the remaining work at Meadow Land Subdivision - Phase 4 be reduced to $6,000.00 from the existing amount of $26,000.00. On motion of Councillor Trites Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Meadow Land Subdivision - Phase 4 be reduced to $6,000.00 from the existing amount of $26,000.00 Question being taken, the motion was carried. 7. Rail PassenQer Service for the City of Saint John Read a letter from the City Manager advising that the decision of the National Transportation Agency of Canada in ordering the abandonment of the Canadian portion of Canadian Atlantic Railways main line between Saint John and Sherbrooke, Quebec, also brings into play the future of VIA Rail passenger service for this area; that the withdrawal of Canadian Atlantic Railway will almost certainly meant the loss of the "Atlantic" service through Saint John and that VIA Rail is currently studying several alternatives for providing service to this area with one suggested alternative to increase service on the "Ocean" from three trains per week to six trains per week, from Halifax, thence to Moncton, Bathurst, Campbellton, Mont Joli, Quebec, and 84-597 COMMON COUNCIL APRIL 18,1994 on to Montreal; that Saint John and area passengers would be bussed between Saint John and Moncton; that the substitution of a bus for a train, transfers with possible long waits at Moncton, and extending the length will undoubtedly seriously erode ridership; that although it appears evident that VIA Rail passenger service to Montreal must go through Moncton, the route between Saint John and Moncton should be as comfortable and as easy as possible and the introduction of a rail dayliner would appear to be faster, more comfortable, and provide easier transfer at Moncton; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a letter be forwarded to the Chairman and Chief Executive Officer of VIA Rail expressing concern over rail passenger service for Saint John, N.B., and requesting that Saint John be provided with a six day a week Rail Dayliner between Saint John and Moncton, N.B. when and if the "Atlantic" passenger train service is cancelled. Mr. Murray advised that Saint John rail passenger has been strongly supported by the area residents and last year the train carried 110,000 passengers and earned $6.5 million for VIA; noting that Harbour Station and the Imperial Theatre are very conducive to bringing people into Saint John and suggested that the dayliner could be used for special events between Moncton and Saint John, particularly in the winter time. Councillor Coughlan suggested taking the recommendation one step further and that representation be made by the Mayor before the Board of Directors of VIA and the Minister of Transport, noting that VIA may not be aware that Saint John is becoming a centre for the arts, entertainment and tourism and can be enhanced by rail service. Deputy Mayor McAlary suggested a letter be forwarded to VIA with a copy to the Minister of Transport stating we want our passenger service to remain and not give up without doing everything we can to keep the VIA here, and then if it is lost, go the next step and try to get a dayliner between Saint John and Moncton. Responding to a query from Councillor Knibb as to whether the short-line operator would consider passenger service to Montreal, Mr. Murray advised that VIA Rail can make agreements only with Class 1 operators such as CN and CPR to use their track and would not consider an agreement with a short-line operator. Councillor M. Vincent agreed that busses are absolutely out of the question and questioned whether there is a concern about freight between Saint John and Moncton and asked whether the recommendation should be expanded to include some means of assuring that freight can get to Moncton and whether that should be included in the recommendation or dealt with on a separate occasion. Mr. Murray advised that it would not hurt to include it, and noted that CN makes good profits from Sussex to Saint John, but it would not hurt to include it to protect our interest. Moved in amendment by Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the above motion be amended to include that Mayor communicate with the executive of VIA Rail and the Minister of Transport to discuss keeping the VIA rail service in Saint John. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 8 (a) Tender - janitorial services. City Hall complex Consideration was given to a letter from the City Solicitor advising that Council at its meeting of April 11, 1994 received a recommendation from the City Manager dealing with the awarding of a contract for janitorial services and a question was raised during the Council meeting about tender compliance; that he has examined the correspondence and discussed some questions with the Purchasing Agent and from an examination of facts, it is his opinion that it is more reasonable to say that Phoenix Commercial Cleaning Ltd. did not receive an addendum; that it is his further opinion, that an addendum not received by the City from Phoenix in these circumstances is an 84-598 COMMON COUNCIL APRIL 18,1994 informality and the requirement can be waived if Council so wishes; and that in view of the foregoing the City Manager should be given the opportunity to make a further recommendation. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from the City Solicitor be received and filed and the matter be referred to the City Manager for a recommendation. Responding to a query from Councillor Rogers as to what evidence has been provided to the City Solicitor that was not provided to Council that it would be more reasonable that they did not receive an addendum, Mr. Logan advised that he has no physical record nor do staff have any recollection of passing the addendum to a representative of Phoenix. Question being taken, the motion was carried. 8(b). Request of Fabri-Zone Cleaning Systems, Div. of Adora Cleaning Ltd. to address Council Read a letter from Fabri-Zone Cleaning Systems a division of Adora Cleaning Ltd., advising that on Monday, April 11, 1994 City staff sent a recommendation to Council to award the tender for janitorial services, City Hall Complex, to Adora Cleaning Ltd., the second lowest bidder, primarily based on the fact that the lowest bidder, Phoenix did not include the required addendum, thus disqualifying their bid, and requesting an opportunity to address Common Council in this matter. The Mayor noted that if Council wishes to hear a presentation from Mr. Negreira it will require a two-thirds affirmative vote of the entire Council. Deputy Mayor McAlary questioned the legality of hearing from one of the companies that tendered, taking into consideration the referral motion to the City Manager who may recommend the matter be re-tendered, and was advised by the City Solicitor that Council is free to pass the motion with eight affirmative votes, or not deal with the matter at this meeting. On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that Mr. Angel Negreira be granted permission to address Council at this time. It was suggested that the City Manager meet with Mr. Negreira and consult with him as he prepares his recommendation, and that the other firm should be given the same opportunity and Council then is in a position to hear either person. Councillor Trites suggested that perhaps this might not be the time for Mr. Negreira to address Council, but that he should be given the assurance that before the issue is settled he will be given an opportunity to address Council. Question being taken, the motion was lost with the Mayor and Councillors Chase, Knibb, Trites and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above-noted letter be referred to the City Manager. Question being taken, the motion was carried. 9. Unfair Labour Practice Complaint bv Local 771 Consideration was given to a letter from the City Solicitor submitting a copy of a complaint made by Local 771 to the Minister of Advanced Education and Labour that the City of Saint John has violated its obligation to bargain in good faith and that it did knowingly, during a period in which it was required to bargain collectively with the Union in good faith, not divulge its plans to the Union with regard to the elimination of 84-599 COMMON COUNCIL APRIL 18,1994 positions in the Collective Agreement, as well as the Minister's referral and the Notice of Referral to the Industrial Relations Board; advising that the City must file a Reply by April 18, 1994 and submitting a resolution for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Common Council hereby authorize the City Solicitor or his designate, to file a Reply to the complaint made by Local 771, dated March 24, 1994, and referred to the Industrial Relations Board pursuant to section 107 of the Act and to participate in any and all proceedings respecting the said referral. Question being taken, the motion was carried. 10. Procedure for Private Bill re amendment to the 1848 Public Burial Ground Act Consideration was given to a letter from the City Solicitor responding to remarks of MP Elsie E. Wayne about a Private Bill dealing with an amendment to the 1848 Public Burial Ground Act before the Legislature and outlining the steps taken over the last several months in getting the Bill before the Legislature. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. 11. Application of Peter A. Martin For Municipal Plan Amendment & Re-ZoninQ of Property 298-300 Main Street Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Peter A. Martin, concerning property at 298-300 Main Street, have been completed; and that no written objections have been received. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Peter A. Martin for a Municipal Plan amendment and re-zoning of 298-300 Main Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 30, 1994. Question being taken, the motion was carried. 12. Application of Peter A. Martin For Municipal Plan Amendment & Re-ZoninQ of Property 20 Church Avenue Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Peter A. Martin, concerning property at 20 Church Avenue, have been completed; and that no written objections have been received. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Peter A. Martin for a Municipal Plan amendment and re-zoning of 20 Church Avenue be referred to the Planning Advisory Committee for a report and recommendation and that 84-600 COMMON COUNCIL APRIL 18,1994 the necessary advertising be authorized in this regard, with the public hearing to be held on May 30, 1994. Question being taken, the motion was carried. 13. LeQal Session resolution re Local 771 Read a letter from the Common Clerk submitting a resolution adopted in Legal Session on April 11, 1994, concerning an application made by the Saint John Firefighters Association to the Industrial Relations Board. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Common Council hereby authorize the City Solicitor or his designate to file a Reply to the Section 35 Application made by the Saint John Firefighters Association, Local Union No. 771, to the Industrial Relations Board, dated the 28th day of March 1994, and to participate in any and all proceedings respecting the said Application. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting.) 14. Committee of the Whole Report 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 April 11 , 1994, when there were present Deputy Mayor McAlary and Councillors Coughlan, Knibb, Landers, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the City lease approximately 3400 square feet of land on Station Street from CNR as shown on the submitted plan, under the following terms and conditions: (1.1) the document to be used in the lease is the CN Standard Land Lease with amendments as shown on the submitted sheet; (1.2) the term of the lease will be 5 years commencing on March 1, 1994 plus a renewal for a further 5 years at a negotiated rent; and (1.3) the rental will be $400 per year plus GST, payable in advance; and (2) a one-time payment of $150 plus GST be made to CNR as its administrative charge for preparing the lease document. 2. That as recommended by the City Manager, Common Council authorize the Mayor and Common Clerk to execute the Listing Agreement with Action Consulting Group Limited relative to the sale of the property at 55 Canterbury Street. April 18, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1 Lease of Land on Station Street from CNR On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 84-601 COMMON COUNCIL APRIL 18,1994 14(2) ListinQ AQreement re 55 Canterbury Street On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Mayor Higgins and Councillor Chase withdrew from the meeting as they were not present for the public hearings held on April 11, 1994 regarding items 15, 16 and 17, and Deputy Mayor Shirley McAlary assumed the chair. Due to the lack of a quorum the meeting briefly recessed. Councillor Coughlan re-entered the meeting and the meeting resumed. 15. Re application to Section 39 zoning conditions 2435 Golden Grove Road Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and advising that Common Council, at its March 7, 1994 meeting, referred the application of Grove Construction (1986) Inc. for the property at 2435 Golden Grove Road to the Committee for a report and recommendation; advising that as previously reported to Council, the Committee was unable to consider this item at its April 6, 1994 meeting and that the public hearing was held at the April 11, 1994 meeting of Common Council at which time Council made no decision pending a recommendation from the Committee; that the Committee considered the staff report at its meeting of April 12th, 1994 and the applicant made a presentation at the meeting indicating that it can meet the requirements of the New Brunswick Department of Environment; that the Town of Rothesay has been asked for input and has responded that the City's decision should be guided by the Provincial Department of Environment Designated Watershed Guidelines; that the intention of the applicant is to enter into a short term lease with the owner of the property; and recommending that Common Council amend the section 39 conditions attached to the August 13, 1984 re-zoning of 2435 Golden Grove Road (NBGIC #469551), to permit the use of the property as a contractor's office, storage and vehicle/equipment maintenance facility on condition that: (a) the use of the site for a contractor's office, storage and vehicle/equipment maintenance facility be permitted until December 31, 1996, at which time the use of the site will be reviewed, and (b) all cleaning and maintenance of equipment occur in the existing building. Consideration was also given to a letter from the Town of Rothesay, submitting a copy of their letter dated March 21, 1994, to the Planning Department which advises that since the property at 2435 Golden Grove Road is located within the Town of Rothesay's Watershed, it is Council's wish that the Planning Advisory Committee be guided by the Designated Watershed Guidelines and that any consideration to allow the storage and vehicle equipment maintenance facility within the Watershed should be subject to the owner meeting all the guidelines in regard to the containment of petroleum products; and advising that it is the opinion of the Mayor and Council of the Town of Rothesay that the watershed of any municipality is not an appropriate place for petroleum storage and urge in the strongest possible terms the Council of the City of Saint John to reject the application of Grove Construction. Consideration was given to a letter from Grove Construction (1986) Inc. requesting an opportunity to address Common Council. Deputy Mayor McAlary, noting there were only six members of Council present at this time, advised that as a two-thirds affirmative vote of all members of Council is required in order to permit anyone to address Council, the only decision which Council may consider at this meeting are to either to approve or not approve the Planning Advisory Committee's recommendation, or to table the matter until a further meeting when other Council members are present, in order to consider the request of the applicant to address Council. Following a query from the Deputy Mayor if anyone present in the Council Chamber was interested in addressing Council on this matter in view of the options she previously cited, it was determined that no one wished to speak in this regard. 84-602 COMMON COUNCIL APRIL 18,1994 On motion on Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee the section 39 conditions attached to the August 13, 1984 re-zoning of 2435 Golden Grove Road (NBGIC Number 469551), be amended to permit the use of the property as a contractor's office, storage and vehicle/equipment maintenance facility on condition that: (a) the use of the site for a contractor's office, storage and vehicle/equipment maintenance facility be permitted until December 1, 1996, at which time the use of the site will be reviewed, and (b) all cleaning and maintenance of equipment occur in the existing building. Mr. Baird confirmed that petroleum storage on the above property will be above ground. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the above letters from the Town of Rothesay and Grove Construction (1986) Inc. be received and filed. Question being taken, the motion was carried. 16. ZoninQ Bv-Law Amendment. 26 Tavlor Avenue Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff's report with which Peter Teed, acting on behalf of the applicant, New Direction Inc. was in agreement at the Committee's April 11 meeting; and recommending that property at 26 Taylor Avenue (NBGIC Number 471656) be re-zoned from "US" Utility and Service to "RM-1" Three-Storey Residential classification, such matter having been tabled by Council on April 11, 1994 following the public hearing, pending a recommendation from the Committee. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 26 Taylor Avenue (NBGIC Number 471656) from "US" Utility and Service to "RM-1" Three-Storey Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 26 Taylor Avenue (NBGIC Number 471656) from "US" Utility and Service to "RM-1" Three-Storey Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 17. ZoninQ Bv-Law Amendment. 25. 27 & 29 Golden Grove Road Consideration was given to (a) a report from the Planning Advisory Committee submitting a recommendation for consideration by Council on an application by Three Mile Beverage Room (1978) Ltd. for a re-zoning of property at 25,27 & 29 Golden Grove Road, such matter having been tabled by Council on April 11, 1994 84-603 COMMON COUNCIL APRIL 18,1994 following the public hearing, pending a recommendation from the Committee; and (b) a request from Jean Urquhart requesting to address Council on this matter. Deputy Mayor McAlary, having explained the necessity of a two-thirds affirmative vote of all Council members earlier in the meeting to permit anyone to address Council, and the fact that only six Councillors are present, asked if anyone present wished to make a presentation to Council and was advised in the affirmative. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above-noted matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillor M. Vincent voting "nay". (Mayor Higgins and Councillor Chase re-entered the meeting and the Mayor re-assumed the chair.) (Councillor Trites withdrew from the meeting.) 18. ParkinQ on Golden Grove Road Consideration was given to a letter from the Planning Advisory Committee advising that at its meeting of April 12, 1994, it considered the application of Three Mile Beverage Room (1978) Ltd. to establish an expanded parking lot at 25-29 Golden Grove Road; that during the meeting several comments were made concerning parking of patrons' vehicles on the street and it was suggested that parking be prohibited on Golden Grove Road between McAllister Drive and Simpson Drive so that patrons would be required to use the off-street parking facilities; that the Committee agrees with this suggestion and recommends Common Council take the necessary steps to prohibit on- street parking on Golden Grove Road from McAllister Drive to Simpson Drive. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council take the necessary steps to prohibit on-street parking on Golden Grove Road from McAllister Drive to Simpson Drive, and the matter be referred to the City Manager. Councillor M. Vincent questioned whether this recommendation would resolve the situation and suggested the problem is further down Golden Grove Road and on Simpson Drive. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) 19. (a) Finance Committee re 1993 Financial Statements (b) Re Operating Highlights General Fund (c) Re Operating Highlights Water & Sewerage Utility (d) Re SinkinQ. Reserve and Trust Funds Read a letter from Councillor Coughlan, Chairman of the Finance Committee, submitting the 1993 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, and The City of Saint John Sinking, Reserve and Trust Funds as prepared by Coopers & Lybrand, and the Finance Department's report on the operating highlights of the General Fund and the Water and Sewerage Utility; and proposing that the audited Financial Statements be adopted and filed. Mr. Wilson advised that, as indicated in the operating highlights of the General Fund, the General Fund reported a surplus of $86,814; and in noting a few items of interest where the City spent less than anticipated, advised that the most significant area was with respect to the City's share of common area costs at Market 84-604 COMMON COUNCIL APRIL 18,1994 Square which was $1.5 million less than budgeted due to a successful appeal of the property tax assessment, and as well the common area costs; that the Economic Development Department was underspent by $169,108 and the main reason was because the Director of the department resigned part way through the year and the Commission did not undertake programs as soon as had been anticipated; and the Tourism Department was underspent by $205,000 due to the fact that some staff positions were not filled. Mr. Wilson noted hat one area where more money was spent was with respect to the City's fiscal charges due to an increase in the provision for capital projects financed by the operating fund. Mr. Wilson concluded that the favourable year-end results in the General Operating Fund, as well as the Water and Sewerage Utility, are a clear indication of the commitment of the City to act in a fiscally responsible manner by living within its means; that the City has realized many noteworthy successes during 1993, including the opening of Harbour Station, the first Community policing project, opening of the Millidgeville Community Centre, completion of the pedway system linking the City Market and Harbour Station; opening of new Fire Stations on Adelaide Street and Manchester Avenue, and release of the Harbour Study/ Wastewater Treatment Strategy, each representing the culmination of many years of careful planning and determined effort on the part of numerous individuals in our community; and that the City must now focus on managing change in an environment of limited tax vase growth, reduced transfer payments and the constant demands for tax restraint and quality services from the taxpayers, and that more than ever, thoughtful and prudent planning will be critical to the City's ability to achieve its full potential as the place to live and do business in New Brunswick, and that he believes that the City has the resources, energy and talent to fully develop the opportunities that will most benefit our community in the years. During discussion, Mr. Wilson replied to queries why the $1.5 million was not carried forward as a surplus to the 1996 operating budget rather than used to purchase capital equipment and was advised by Mr. Wilson that the City does have a plan for 1996 and part of it will be the reduced financing costs that it would be incurring in 1996 if it had a larger bond issue this year and clarified that the surplus for the General Fund is $86,000. With regard to the Water and Sewerage Utility, Mr. Wilson advised that the fund reported an excess of revenue over expenditures for the year of $428,000, the primary reason being that the budget for short term interest was higher than the actual results, and that while the year itself was favourable, there is still showing an accumulated deficit of $819,000, and noted that the City will be able to eliminate the deficit when it finalizes dealings with some of the special contract customers. He noted that on January 4, 1993 the Coopers and Lybrand Consulting Group submitted a comprehensive Study and Update of Water & Sewerage Rates for the Water & Sewerage Utility, and that the recommendations in the report were incorporated into the 1994 rate structure of the Utility and provide the basis for current contract negotiations with the high volume contract customers; and also noted the results of the Study of Blood Levels in Children released by the Provincial Health and Community Services, were also issued in 1993, and that while the report noted that there were some limited instances of elevated lead levels recorded at individual properties, it concluded that these results were not significantly above the Provincial average, and that the Utility employees are continuing a stepped-up program to replace lead service lines to properties throughout the City. Responding to a query from Councillor Rogers on the status of the special water and sewerage agreements, Mr. Wilson advised that there have been negotiations, but no formal agreement has been reached confirming what the parties had agreed to, however, the City is in receipt of correspondence outlining the terms of a settlement. With regard to the 1993 Financial Statements of The City of Saint John Sinking, Reserve and Trust Funds, Mr. Wilson noted that there are a number of funds, the purpose of them being explained in the notes to the Financial Statements. Referring the Land Subdivision Fund, Deputy Mayor McAlary asked if the money could be used for maintenance of existing public land and was advised by Mr. Wilson that he would have to defer to the Community Planning Act and will respond at a later date. Representatives of Coopers & Lybrand were present at the meeting and, in response to Councillor Rogers as to whether it would be beneficial to have the management letter at the same time the Financial Statements were presented to 84-605 COMMON COUNCIL APRIL 18,1994 Council, Mr. Hugh Tidby advised that there is no reason why the letter could not be prepared and presented together with the financial statements, however, they generally separate the two because they feel it is a matter of statutory business for Council to review and approve the financial statements, and in addition there is a lot of work in preparing the financial statements for presentation to Council. Councillor Coughlan advised he will undertake to bring this suggestion to the Finance Committee. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the 1993 Financial Statements of the City of Saint John General Fund, the Water and Sewerage Utility and the Sinking, Reserve and Trusts Funds, be adopted and filed. Question being taken, the motion was carried. 20. Request from Run For Women to use KinQ's Square On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from Bridget Oland, Race Director, advising that the second annual Run For Women in support of Amana House will be held on June 18, 1994, and that to help building awareness and momentum for this year's Run, the steering committee requests permission to use King's Square to held a pre-race event at noon on May 25th, be received and filed and the request permission be granted. Question being taken, the motion was carried. 21. Letters requesting enabling legislation to license and reQulate pornoQraphv distribution On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from the Saint John Women's Centre, The Women's Committee-Canadian Union of Postal Workers, Jennifer Golding, and Susan MacCallum-Whitcomb requesting that Council seek enabling legislation to license and regulate pornography distribution, be received and filed. It was suggested that the correspondence could be used by the City Manager when he makes his presentation to the Cities of New Brunswick. Councillor Coughlan advised that the Anti-Pornography Coalition will be assisting him in making a presentation to the Cities of New Brunswick Association and will be forwarding significant documentation to Council. Question being taken, the motion was carried. 23. Request from Hunter Publications Ltd. for advertisement in the Imperial Theatre souvenir proQram. On motion of Deputy Mayor McAlary Seconded by Councillor Trites RESOLVED that the letter from Hunter Publications Ltd. advising that they have been contracted by the Imperial Theatre to produce the Imperial Theatre's Official Souvenir Program, and suggesting although the City of Saint John is represented in the program it may be appropriate for the Mayor and Council to have their own congratulatory message -- be referred to the City Manager for a recommendation. Question being taken, the motion was carried. 84-606 COMMON COUNCIL APRIL 18,1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk