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1994-09-19_Minutes 84-845 COMMON COUNCIL SEPTEMBER 19, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of September, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. D. Todd, Director of Housing and Property Management; B. Steeves, Building Inspector; J. Baird, Manager - Development Division, Planning; B. Malone, Planner; G. Tait, Fire Chief; D. Sherwood, Chief of Police; B. Thompson, Deputy Chief of Police; A Bodechon, Assistant Deputy Chief of Police; D. Wilton, Planning and Research Coordinator, Police Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. (Councillor Rogers withdrew from the meeting.) 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that minutes of the meeting of Common Council, held on September 12, 1994, be approved. Mr. Totten, in response to Councillor Coughlan, advised that the staff report requested at the above meeting with respect to a building permit at the Irving Pulp and Paper Mill will be submitted next week. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins commented on Saint John Day in Fredericton on September 14, as well as on the visit to Saint John during the past weekend of a group of sports managers from Ottawa representing the major sports across Canada, along with a group of persons interested in conferences, and noted an article in this date's edition of the local newspaper with respect to the latter; noted his participation in the opening of the Terry Fox Run on September 18, as well as the official opening on September 25 of the Jervis Bay Ross Memorial Park at the intersection of Loch Lomond Road and Jean Street, and the Annual Canducky Derby at Reversing Falls on September 24 sponsored by the St. Joseph's Hospital Foundation; and referenced the September 24 ceremony to confer the Freedom of the City on the 31 (Saint John) Service Battalion. (Councillor Rogers re-entered the meeting during the above remarks.) The Mayor, reading from a prepared statement on the rail situation, apprised Council of an agreement by Irving and CP Rail to develop a commercial 84-846 COMMON COUNCIL SEPTEMBER 19, 1994 agreement designed to provide reliable rail service in the region for both north-south and east-west freight traffic after January 1, 1995; and noted the International Networking Conference from Thursday through Friday at UNBSJ and the Saint John Trade and Convention Centre. * Added Items On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that a matter that was considered in Legal Session earlier this date, being a proposed amendment to the Building By-Law, be added to the agenda for consideration at this meeting as item 9A. Question being taken, the motion was carried. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that a matter that was considered in Legal Session earlier this date, being a disability pension for Donald Brien, be added to the agenda for consideration at this meeting as 12A. Question being taken, the motion was carried. 4. Portland Branch No. 64, The Royal Canadian Legion Use of Land In Front Of 7 McLaren Boulevard Read a letter from Councillor M. Vincent submitting a letter from Mr. Doug Ferris, President of Portland Branch No.4 of The Royal Canadian Legion, asking permission to utilize the grassy plot of land situated in front of the Legion property at 7 McLaren Boulevard on which to erect a small cross in memory of the Legion's deceased comrades, and advising that the Legion understands that there are pipes running underneath this plot and fully accepts the possibility that it may have to be dug up if problems arise. The letter expresses the view that the Legion's request is reasonable and it should be congratulated on its good intentions, and advises the intent, pending a clearance from the City Manager, to move approval of this request. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that Council approve the above request in principle and refer the matter to the City Manager for a report and recommendation. Question being taken, the motion was carried. 7. ProQress Payment Contract 93-2 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:- 1. Contract 93-2 Station Street - Phase 2 QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 10 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress $1,229,634.90 1,449,770.64 Nil 1,447,233.40 2,537.24 165.98 84-847 COMMON COUNCIL SEPTEMBER 19, 1994 Estimate Number 10, dated September 8, 1994 Final holdback release. $ 2,537.24 Question being taken, the motion was carried. 8. Correspondence From Citizens On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager submitting copies of letters he recently received from citizens of the community in that he is convinced that citizens are well served by their employees and that the City is fortunate to have a dedicated, well-trained and professional workforce -- be received and filed and the citizens be thanked for their letters. Question being taken, the motion was carried. 9. Municipal Plan Amendment & Re-Zoning 154 Germain Street West. MeQa Enterprises Inc. Consideration was given to a report from the City Manager advising that, further to the June 13 public hearing of a proposed Municipal Plan amendment and re- zoning of 154 Germain Street West at which time the Planning Advisory Committee recommended that third reading not be given pending submission of an acceptable planting plan for the approval of the Development Officer, the submitted planting plan has been prepared and submitted for the Development Officer's approval and is acceptable to the Development Officer; and recommending that third reading be given to the Municipal Plan amendment and re-zoning of the property located at 154 Germain Street West (including adoption of the recommended Section 39 resolution). 11 (a). Municipal Plan Amendment 154 Germain Street West On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the former Shell Canada depot, including the City-owned lands previously leased to Shell Canada, located at 154 Germain Street West (NBGIC Numbers 368100 and 366203), with frontage on Germain Street West, Watson Street and Suffolk Street, from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 11 (b). Re-ZoninQ 154 Germain Street West On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-354 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the former Shell Canada depot, including the City-owned lands previously leased to Shell Canada, located at 154 Germain Street West (NBGIC Numbers 368100 and 366203), with frontage on Germain Street West, Watson Street and Suffolk Street, from "1-2" Heavy Industrial to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 84-848 COMMON COUNCIL SEPTEMBER 19, 1994 AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) the use of the property is limited to the applicant's proposal for warehousing and storage yard, body shop, mechanical shop (including welding), sales lot, property maintenance business and limousine service and associated office uses; (b) any outside storage must be kept in a neat and orderly fashion, and all materials must be stored so as not to be unsightly or must be properly covered; (c) there will be no outside storage of damaged vehicles unless they are waiting to be repaired and, in this case, they will be limited to a maximum of five; (d) there will be no outside storage of used vehicle parts; (e) a mixture of deciduous and coniferous trees shall be planted and maintained in a healthy condition along the property lines in accordance with a planting plan which must be prepared by the applicant and subject to the approval of the Development Officer, and the trees shall be in place within one year of adoption of this resolution; and (f) any welding, autobody or mechanical work shall be conducted no earlier than 7:00 a.m. and no later than 6:00 p.m. The by-law entitled, "By-Law Number C.P. 100-354 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. *9A. BuildinQ Bv-Law Amendment Consideration was given to a report from the City Manager (copies of which were distributed to Council members in Legal Session of Council earlier this date) referring to a requirement in the Building By-Law for an occupancy permit to be issued before a building is occupied, and the By-Law's provision for the issuance of temporary occupancy permits, which may not be issued for more than one year, when the Building Inspector is satisfied that the unfinished work does not pose a hazard to the occupants of the building; and advising that, from time to time on a major building, the owners find themselves unable to comply with all development conditions within one year and, in a situation where the deficiency poses no hazard to the building's occupants, it is unnecessary to limit temporary occupancy permits to one year. The report explains that, due to the complexity and size of some buildings, completion of all aspects of a project within one year of initial occupancy is often difficult, particularly if an issue is technically complicated and, for this reason, it is recommended that the Building By-Law Number C.P. 101, Section 15.2, be amended to allow a temporary occupancy permit to be valid for eighteen months rather than one year; and recommends that Common Council amend the Building By-Law by enacting the submitted amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Building By-Law to allow a temporary occupancy permit to be valid for eighteen months rather than one year be read a first time. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". Read a first time the by-law to amend the Building By-Law. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Building By-Law to allow a temporary occupancy permit to be valid for eighteen months rather than one year be read a second time: AND FURTHER that the proposed amendment be referred to the Planning Advisory Committee. Councillor A. Vincent asked why the above report was not included in the Council kits for this meeting, but rather was distributed to Council members late this 84-849 COMMON COUNCIL SEPTEMBER 19, 1994 afternoon, to which the Mayor replied that, as there are two items on the Legal Session agenda of this date applying to this matter, he considered this a case worthy to be brought into open session, and noted that it has been duly added to the agenda of this meeting. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". Read a second time the by-law to amend the Building By-Law. 10. Legal Session Resolution Notice of Action Earlv Retirement ProQram Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Council on September 12. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Common Council authorize the City Solicitor or his designate to take the necessary steps to defend the action dated September 2, 1994 involving Stew Trentowsky et al as Plaintiffs and the City of Saint John as Defendant (Court File No. S/C/1030/94). Question being taken, the motion was carried. 12. Committee of the Whole 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 September 12, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers and Trites, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Saint John Regional Exhibition Centre Commission, the City Solicitor be authorized to take the necessary steps to have the Saint John Regional Exhibition Centre Commission Act amended by the New Brunswick Legislature, as follows: (a) change the name of the Saint John Regional Exhibition Centre Commission to Harbour Station Commission; (b) change the required number of voting members in attendance at a meeting to establish a quorum from five to four; (c) add the following clause to section 5(f.1) "To use the funds accumulated from ticket service charges retroactive to January 1, 1994, to operate a capital replacement/repair fund for the purchase of capital equipment and undertaking necessary repairs."; (d) add the following to section 7(10) "and the extent to which expenditures are being financed by the capital replacement/repair fund."; and (e) that the term "capital expenditures" encompass items in excess of $10,000. 2. That with regard to the request of the Board of Directors of First Night Saint John for the City to be a sponsor of the inaugural First Night Celebration of the Arts in Saint John on December 31, 1994, a maximum grant of $5,000. be approved, with $2,500. to be paid immediately, and the remaining amount to be paid following the event, if necessary. 3. That as recommended by the City Manager, the lot at 79 Riverview Drive be sold to Julie and Robert Worden on the following terms and conditions: (1) the sale price to be $3,100; (2) the lot be consolidated with their current property at 77 Riverview Drive; and (3) they are responsible for all costs associated with the completion of the transaction. 84-850 COMMON COUNCIL SEPTEMBER 19, 1994 September 19, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 12(1). Amendment To Saint John ReQional Exhibition Centre Act 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. 12(2). Grant - First NiQht Saint John On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 12(3). Sale of 79 Riverview Drive On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. *12A. Retirement of Donald Brien On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Board of Trustees of the City of Saint John Pension Plan recommending the retirement of Donald Brien, which was tabled at the September 12 Common Council meeting, be taken from the table: AND FURTHER that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Donald Brien, an employee of the Police Department, in accordance with section 9(1) of the former City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. 5(a). Saint John Board of Police Commissioners Police Facilities Proposal Consideration was given to a letter from the Chief of Police submitting a copy of the presentation to be made at this meeting with regard to a police/justice facility. Consideration was also given to a report from the Chief of Police on the need for a new Police headquarters facility; and recommending that Common Council accept the recommendation as advanced by the City Manager in his report in this 84-851 COMMON COUNCIL SEPTEMBER 19, 1994 regard. Mr. K. Cox, Vice Chairman of the Saint John Board of Police Commissioners, addressed Council concerning the Board's forthcoming consideration of a five-year Strategic Plan for the Police Force developed at the Board's request by the Chief of Police, as well as on the Board's receipt of the interim evaluation program report on neighbourhood policing in District 1 in that, while it speaks well of the effort in the North End, there are some problems with the project, and, in particular, it speaks well for decentralization and recommends further progress in that direction. Mr. Cox advised that the Board of Police Commissioners believes that the current facilities occupied by the Force are totally inadequate for a modern, progressive police service, and that the proposed new development to include police and justice facilities would be a giant step forward to improve the efficiency and effectiveness of the police services to the citizens of the Saint John area. Chief Sherwood, through a slide presentation and reading from his previously-submitted presentation, apprised Council of the Mission Statement developed in the five-year Strategic Plan which focuses on neighbourhood policing and contains 28 goals and 87 objectives, among which are decentralization, community involvement, a generalist constable concept, problem solving, civilianization, 'right- sizing' the organization, greater emphasis on proactive policing, and an increase in numbers of officers on the street; commented on the three main components of the evaluation progress report on the North End, being (1) decentralization of facilities; (2) decentralization of decision making, and (3) decentralization of service delivery; and noted previous references to the requirement for a new Police headquarters. Chief Sherwood, in response to Council queries with respect to the need for a Police headquarters in view of the move to community policing and the possibility of regional policing, advised that regionalization would not lessen the need for a stand- alone, separate headquarters facility to look after the administrative, financial, training and support needs of the field officers in the four or six field districts, depending on whether or not regionalization occurs and how big it becomes, and also it is still necessary that there be user-friendly satellite or district offices to serve the needs of the people in those particular neighbourhoods; and expressed the view that the overall central location adjacent to a court facility would much enhance the Force's relationship with and accessibility to the courts and the crown prosecutors and would be secure in terms of protecting witnesses, as well as victims; and commented on the inadequacy of the current Identification Section and how this Section would look after the whole City in its present format or in a regionalized police force. Chief Sherwood advised that, while there is no question as far as he and the Board are concerned that, in fact, the Force should be decentralized into four separate districts at this time and of the definite need of a facility to support those four districts, the Board may not agree with some issues dealing with other areas. Assistant Deputy Chief Bodechon, through a slide presentation, highlighted the above report from the Chief of Police on the need for a new Police headquarters facility, the role of a headquarters facility versus decentralization, the components of a headquarters facility, the shortcomings of the present facility, and the improved serviced delivery to be received if the Force moves to a new headquarters facility. Responding to Council queries, Assistant Deputy Chief Bodechon expressed the view that it is very important to have someone with expertise in Police facility design when that process is entered into with the developer; noted that staff of both the Police Department and Housing and Property Management have had, and would continue to have, direct input into the design and development of the facility and would work very closely with the developer to ensure that the City's needs are met; explained that the lock-up area in a new facility would be smaller than the current lock- up for the reason that, because of recent changes in the Criminal Code and the Charter of Rights, the Force does not incarcerate or hold people as long as it used to; and advised that Constable W. VanWart, a member of Local 61 CUPE, whose presence he noted in the Council Chamber, has worked very closely with staff as part of the committee and will continue to be part of the team if the project goes forward. 84-852 COMMON COUNCIL SEPTEMBER 19, 1994 5(b). Maxim Management Services Inc. - Proposal For Development of Former General Hospital Site Messrs. Kirk McCullogh of Fairwyn Developments Ltd. and Pat Hanlon of Maxim Management Services Inc. were present in the Council Chamber, and Mr. McCullogh addressed Council concerning the proposal for the development of the former General Hospital site, involving the demolition of the Old General Hospital and the development of a new Police headquarters and a new court house. Through a slide presentation, Mr. McCullogh gave background information on Maxim Management Services Inc., Maxim Construction Inc. and Fairwyn Developments Ltd., including recent projects in which these Companies have been involved; and expressed the view that a working relationship has evolved whereby there exists a public and private sector team that carry this project through as efficiently and effectively as possible. Mr. McCullogh commented on the major benefits of the project, including not only demolition of the old Hospital, a new Police headquarters and court house, but urban renewal to the centre of the City, a boost to the economy through the over $22 million investment and over 300 man years of work, and the project being a catalyst for further development in the area; and apprised Council of the proposed development schedule which calls for Council's decision in September 1994, demolition during the six-month period of October 1994 through March 1995, design of the project during the five months of October 1994 through February 1995, construction over the twelve-month period of March 1995 to March 1996, fit-ups during the three months of January through March 1996, start-up for the two months of March and April 1996, and the facility being operational in May 1996. Mr. McCullogh displayed slides depicting a conceptual view of the project, a subdivision plan of the site, and a comparison of the location of current buildings on the site to what is proposed; noted the difference in the space allocation from 50,000 to 55,000 square feet in the initial proposal to the now-proposed 63,450 square foot facility; and made the observation that, except for furniture and the like, everything will be included in this "turn-key" facility, including all audio visual equipment, car control access, all the finishes, and virtually everything that City staff, the Police Department and they have been able to think of, and that a "catch-all" is provided to the effect that, if they have not got it all, they will get it all in this complete project. Mr. McCullogh asked for Council's decision to proceed, having been in discussion for six months and believing it is now time to get on with the job; made the observation that, in working together in an open and collaborative process, the City would retain full and final decision-making power over the project, the specifications for design, the program and every aspect of the project, and also that they have given City staff a firm total cost with any risk of overrun to remain with them; and asked for Council's decision to proceed with this project. In response to Deputy Mayor McAlary, Mr. Hanlon named the shareholders of Maxim; gave his undertaking to hire any and all consultants and subconsultants as required with regard to expertise in Police facilities, and to hire whatever subconsultants needed to produce the most efficient and modern police facility in Canada; and advised that private proposals have been called for the demolition, although no selection has been made as yet, and that consideration may be given, in the selection, to the ability and the experience of the sub-contractor, the ability to provide bonding, the insurance and the schedule; and Mr. McCullogh responded to the Deputy Mayor's questions with regard to the manner in which property would be allocated on the site, and the status of the Provincial Laboratory building on the site, and Mr. Totten advised that, with regard to a project manager, if Council chooses to proceed with the project, he would immediately turn to Mr. Todd and his staff to oversee the project, similar to what was done with the fire stations and, if Mr. Todd suggested that further expertise were needed, further expertise would be engaged, but primarily it would be a staff function, possibly involving some of the engineers in Municipal Operations. Councillor Coughlan asked if the City would share in the demolition cost for the site it would occupy or of the entire property, to which Mr. McCullogh replied that this is all built into the cost so that there would be no extra costs on behalf of the City other than those that have been put forth by City staff. Councillor Gould commented on the matter on the basis that, while he was more or less supportive of the original suggestion of a rental arrangement whereby over a period of years the City would rent the facilities and eventually own them, it is now a case of purchasing outright which would impose a severe financial burden on the City and that, while this proposal looks attractive and obviously there is a need for a new Police 84-853 COMMON COUNCIL SEPTEMBER 19, 1994 station, the question is whether or not the City can finance it without imposing a severe burden on the taxpayers for the next few years; and Messrs. McCullogh and Hanlon apprised him of the number of acres on the site allocated for the proposed uses. Councillor A. Vincent advised that, while he wants to support a new Police station, he wants public proposals or a public tender call; and expressed concern that, without knowing the combined cost of demolition and the land in order to determine the City's land cost, the result could be that one of the parties could obtain land at a lesser cost than the City. Responding to Councillor M. Vincent, Mr. McCullogh advised that the construction cost for the Police headquarters unit, including site work, would be approximately $8.5 million; and he advised his intention to make available to Council a copy of his slide presentation. 6. Proposed New Police Headquarters Consideration was given to a report from the City Manager referring to the April 11 presentation to Committee of the Whole of an unsolicited proposal which would result in the demolition of the buildings comprising the Old General Hospital complex and construction of a new Police headquarters and a new Provincial office complex, and to staff's report to Committee of the Whole on May 30 on the proposal; and providing Council with the results of the discussions with Maxim Management Services Inc. generally in line with Phase II of the Development Schedule. The report apprises Council of the contents of a new Police facility of a total gross area of about 63,450 square feet, as well as of the design and costs in that Maxim is now proposing to provide a fully-completed building on a turn-key basis and would fully design and construct a police facility including all at grade parking and site works, which would meet all the requirements of the Police Force, at a fixed cost of $10,809,850, with the City to be responsible only for furniture and equipment and relocation costs at an estimated cost of $869,000; comments on discussions with officials at the highest level in the Provincial Government with respect to a facility to potentially house the various levels of courts and related offices or other office uses, as well as on the ongoing discussions with respect to potentially using the former Princess Anne School for a police facility in the South District as the Strategic Plan for the Police Force calls for policing services in the City to be delivered on a decentralized basis with facilities in each of the four districts - North, South, East and West, with the major support services to be provided from the central headquarters. The report also comments on the financial implications and outlines opportunities which have been explored to reduce the necessary capital expenditures for the proposed facility, as well as options for funding the project from the capital budget and the resultant impact on tax rates in subsequent years; and also on the current lease term for the City Hall complex; points out the consequences of deciding to proceed with the proposal; and recommends that Common Council discuss, in open session, the relative merits and concerns associated with this project and adopt one of the following recommendations:- (1) Common Council advise Maxim Management Services Inc. that it has considered the Company's proposal and has concluded that it is unable to participate as a partner in the development scheme, given the City's financial projections for the next three to four years, and the current condition of the City's infrastructure, and a desire to adhere to its policy of maintaining a stable tax rate; and that the City proceed as originally intended to address the concerns of the Police Force by reaffirming its decision to allocate $200,000 in the 1995 capital program to explore needs and alternatives; or (2) Common Council advise the Province of New Brunswick that it is desirous of working with the Province in an effort to make the proposal, as put forth by Maxim Management Services Inc. become a reality, and that Common Council advise Maxim Development Services Inc. that it is prepared to enter into an agreement that would commit the City to construct a 63,450 square foot Police facility at the General Hospital site at a total capital cost of not more than $10,809,850 (excluding furniture and equipment), conditional on the following: the Province of New Brunswick's participation in the project through the construction of an adjacent justice complex, as proposed, and the Province and the City arrive at financing arrangements which meet the objectives of both levels of government; and further that, in order for the City to finance its commitment to this project, the five-year capital program as approved by Council on January 26, 1994, be amended as per the submitted appendix requiring Council to borrow an additional $3,128,850 to finance the project (i.e. Option 4). Mr. Totten highlighted the above report, and expressed agreement with Councillor Trites' suggestion that the second recommendation could be changed to 84-854 COMMON COUNCIL SEPTEMBER 19, 1994 indicate that the five-year capital program as approved by Council on January 26, 1994, be amended as per the submitted appendix requiring Council to borrow up to $3,128,850 to finance the project (i.e. Option 4). Mr. Totten, referring to the two recommended options in the above report and to the question of City staff and, in particular, his position on this issue, explained that he purposely stayed away from a position to this point to allow the discussion to occur; however, last Tuesday in meeting with senior staff, the question was asked as they pondered position, and that he thinks, without exception, City staff wants this project to happen, although there are some concerns, particularly of Messrs. Wilson and Robichaud, on the long-term flexibility and with respect to the state of the City's infrastructure, respectively, and that, having stated those concerns, clearly there was still a view that an attempt should be made to seize the opportunity and that was the position, and that is the position he is recommending and that, in that regard, to be clear, of the two recommendations, he would support the second recommendation. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council advise the Province of New Brunswick that it is desirous of working with the Province in an effort to make the proposal, as put forth by Maxim Management Services Inc. become a reality, and that Common Council advise Maxim Development Services Inc. that it is prepared to enter into an agreement that would commit the City to construct a 63,450 square foot Police facility at the General Hospital site at a total capital cost of not more than $10,809,850 (excluding furniture and equipment), conditional on the following: the Province of New Brunswick's participation in the project through the construction of an adjacent justice complex, as proposed, and the Province and the City arrive at financing arrangements which meet the objectives of both levels of government; and further that, in order for the City to finance its commitment to this project, the five-year capital program as approved by Council on January 26, 1994, be amended as per the submitted appendix requiring Council to borrow up to $3,128,850 to finance the project (i.e. Option 4). Councillor Knibb advised that wants to see that there is fairness in the sharing of the demolition costs between the Province and the City because some of the figures that Maxim and Fairwyn presented above might indicate that perhaps all of the $2 million is going to be attached to the City's share; commented to the current status of the City's previous financial commitments on the Market Square complex, the Canada Games Aquatic Centre and the Imperial Theatre; suggested that it would defeat the whole nature of the private public enterprise being undertaken to call for proposals and go elsewhere, and would give a black mark to the City in dealing with a company which has shown honourable intentions; and noted that his only reservation is that he hopes the City can manage without increasing the tax rate. Deputy Mayor McAlary expressed the opinion that the Province has a responsibility to assist the City in demolishing the General Hospital site and should come through with at least 50 per cent of the demolition funding, and that the City should call for public proposals for the demolition; and also that, while the City definitely needs a new Police facility, there are many times that the City needs or wants things but cannot have them because it does not have the money; and expressed concern over cutting the capital budget over the next three to five years because of the possible effect on street work, transit and the cost anticipated for a regional landfill site and other possible commitments, such as to the Marco Polo Project; suggested that the City needs flexibility in its funding and a commitment to the project in question would box it in so that it would have not have such flexibility; and advised that, while possibly Council could have considered a long- term lease arrangement for this project, she is not sure that the City can finance $11 million within the next three to four years and she will not vote to raise the tax rate for the citizens of the City of Saint John. Councillor Coughlan spoke in support of the motion on the basis of the two-fold opportunity for new development and the enhancement of the whole Waterloo Street area; and Councillor Trites, speaking in support of the motion, noted that Council would not be abandoning the transportation system in that, while it is proposed that the Transportation budget would be reduced from $4,470 to $1,583 in 1995, there is no reduction proposed for 1996, 1997 or 1998, and suggested that senior engineering staff would be given some opportunity to do much of the pre-engineering work for future road construction in order to tender earlier in the year which should result in obtaining better deals from contractors, and that all 84-855 COMMON COUNCIL SEPTEMBER 19, 1994 the approximate $3 million reduction in 1995 would do is reduce the amount of capital equipment road reconstruction that people would see on the streets of Saint John and there would still be an operation budget to attempt to keep abreast of the day-to-day operation; and commended staff on its efforts in going through the budget in an attempt to spread the effect of the budget cuts among the various areas of operation, while keeping the effect to a minimum, in return for which there is a major gain. Councillor Gould, in acknowledging the Deputy Mayor's observations on the real basic problems that will be facing Council and Councillor A. Vincent's question with respect to awarding a $10 million contract without calling tenders or for public proposals, commented on the importance of the demolition of the Old General Hospital and the probability that the City would absorb a substantial portion of the cost; the importance of being informed of the Province's intentions with respect to a metropolitan police force for this area in that the cost for a new headquarters would be the responsibility of the whole area and not just the City's responsibility alone; and the need, if the project proceeds, for Council and the City Manager to retain responsibility for the process, and for a highly- competent construction person to be on the site daily; and suggested that all correspondence concerning this project from the City Manager's Office to Council should be tabled, as only part of the correspondence was read at this meeting, and also that the term of the financing should be reviewed as, in his opinion, it is much too short. Councillor Rogers noted the financing proposed for the project and the lack of feedback from the Police Commission to the City on community policing and of lack of opportunity to review the Force's Strategic Plan; commented on the Police Department's budget, including that for community policing and overtime, in view of her opinion that, as the Police Department already receives the greatest amount of the City's operating budget and if this project goes forward will receive the greatest amount of the City's capital funding, one service alone in the City of Saint John should not get the major share of both the City's operating and capital budgets; expressed concern about the upfront money after demolition of $1.4 million to be provided by the City before there is anything on this particular project, and to the indications in the above report with regard to the tax rate, the loss of flexibility in the long-term financial planning, and the consequences with regard to the City's infrastructure with a decision to defer capital expenditures as proposed; and asked if it would be possible for the City to achieve the same result by going to public tender, the latter to which Mr. Totten replied to the effect that, if that were the case, Council could adopt recommendation (1) above and subsequently decide if it would call for a public proposal for a police facility, and clearly that option is available to Council. Councillor M. Vincent, in re- iterating his previous suggestion that the Department of National Defence, as an exercise program, might demolish the buildings on the site, noted the intergovernmental co-operation and the 300 man years of work involved in this project, the need for a new Police headquarters facility and the imminent safety factor relevant to the site, and the need for this item to come back to Common Council at a later date for authorization for the Mayor and Common Clerk to execute the agreement; questioned the amount of the tax base increase if this project proceeds; and expressed the understanding that, if this project proceeds, it would not be the sole, although maybe the greatest, factor in a possible tax rate increase, to which Mr. Totten replied that Council, if desirous of maintaining a tax rate of $1.58 in 1995, would be asked to support a number of expenditure reductions and this project would not have an effect on that at all as Council would still have the issues to deal with in 1995 directly through the operating budget. Councillor Chase noted the benefits to be derived from this project, including employment, the removal of something that causes a blight on the landscape, a partnership with the Province and the confluence of needs, wants and requirements through several different parties; and asked about the duration of the loss of flexibility in financial planning, to which Mr. Totten replied that this would be for the foreseeable future and would cause difficulty in dealing with any new project that could come up in the next three to five years. Councillor A. Vincent asked if the City would be held liable for the cost if Council voted for the project at this meeting and then voted it down at a later date in that it has been indicated that it would be unfair to the Maxim, or any other, group, to let it to spend its money in bringing in a proposal unless the City fully intended to do the work, to which Mr. Rodgers replied that he believes that it is on the record tonight that Maxim has said that it would exercise the option when there are firm agreements set up as to what the City and the Province intend to do and the manner in which the above resolution is worded obviously requires formalized agreements to be prepared, and there would be no future liability on the City based on the above resolution. Mayor Higgins spoke on the matter on the basis of the project, although an unsolicited proposal, being an opportunity for a public-private partnership; 84-856 COMMON COUNCIL SEPTEMBER 19, 1994 the expertise and integrity of the companies involved; the congruence of opportunities that would see the demolition of the complex and the erection of a badly-needed Police headquarters and a Provincial component housing new centralized justice facilities; the letters of support received from the Saint John Law Society and Uptown Saint John Inc.; the employment to be created from this over $22 million proposal; his concern, should the project not proceed, that the danger and unsightly condition would remain at the site, the Police Department situation would continue to deteriorate and the plans for a justice facility would return to its present ranking of oblivion in the priority ranking of justice buildings in the Province; the possibility of obtaining Federal infrastructure funding to assist in the demolition costs; and importance of timing in this matter in that the City Hall lease expires in 1996. Question being taken, the motion was carried with Councillors Gould, McAlary, Rogers and A. Vincent voting "nay". Following a brief recess called by the Mayor, the Common Council meeting resumed. (The Mayor noted Councillor M. Vincent's withdrawal from the meeting as he was not present for the September 6 public hearing for a proposed Municipal Plan amendment with regard to the Uptown Strategy.) 13. Municipal Plan Amendment - Uptown StrateQV Read a report from the Planning Advisory Committee regarding a proposed amendment to Chapter Six of the Municipal Development Plan with regard to an Uptown Strategy, for which Council gave first and second readings at the September 6 public hearing; advising that the Committee adopted the recommendation in the submitted report from Planning staff; and recommending that the existing part Six of the Municipal Development Plan (Central Business District; including 6-A) be deleted, and the new Part Six - Uptown Strategy (including a new Schedule 6-A and 6- B) be adopted with the following revisions:- revise Policy 6.5.4.3: "It shall be the policy of the City to encourage the development of large scale residential buildings proposed for the Uptown to locate in the "high intensity mix" areas indicated on Schedule 6-A. "; extend Uptown boundary (Schedule 6-A) to include NBGIC #10587; add to Policy 6.4.2.2 (Compact Form): "This will be achieved by developing a number of areas designated High Intensity Mixed Use, and maintaining a compact Low Intensity Mixed Use area throughout the remainder of the Uptown."; add to Policy 6.6.1.3 (Compatibility): "Development within the Low Intensity Mixed Use designation will generally be compatible with the height, architectural scale, and pattern of traditional development in the Uptown. Development within the High Intensity Mixed Use designation may exceed the height of traditional development in the Uptown."; revise Section 6.3.3 (Uptown Boundary; third sentence): "Only these policies have application beyond the Uptown boundary."; revise (page 6, para. 3, second sentence): "Urban design guidelines create an environment which is a safe setting for pedestrians; again, attracting residents and shoppers. "; revise Policy 6.4.4.1 (Waterfront Access): "It is a policy of the City that all waterfront development provide pedestrian access to the waterfront and continuous with the waterfront where possible, and otherwise to provide alternatives to waterfront access. "; revise Policy 6.6.1.7 (One-Stop Shopping): "It shall be the policy of the City to examine the feasibility of all three levels of government centralizing development oriented functions at a single Uptown location, to offer "one-stop shopping" to the development industry."; and 84-857 COMMON COUNCIL SEPTEMBER 19, 1994 correct spelling Policy 6.8.3.5 (Gateways): change "Courtney" to "Courtenay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", with regard to the Uptown Strategy, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 14. Amendment To Conditions Of Use 87-89 Golden Grove Road On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act which includes the conditions imposed by the Planning Advisory Committee with regard to the lounge use at 87-89 Golden Grove Road as follows:- (a) the occupancy of the lounge must not exceed a maximum of 50 persons within the building and a maximum of 16 persons on the existing 5.9-metre by 4.3 metre outdoor patio area at the rear of the building; (b) meals must be available at all times during the hours of operation of the lounge; and (c) there must be no musical entertainment provided other than a juke box and/or recorded background music, and such music must not be audible outside the building. Question being taken, the motion was carried. 15. Environment Committee - Stoop and Scoop On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the City of Saint John Environment Committee recommending that, having written to Council a number of times about a proposed stoop and scoop by-law and the effect that fouling of public and private property with dog feces has on the environment and health and as Council has determined that an education program would alleviate the problem and the Committee believes the existing education program in regard to the fouling of properties with dog feces is ineffective, Common Council enact a stoop and scoop by- law -- be referred to the City Solicitor for advice on the possibility of enacting a by-law of this nature. During discussion Councillor Rogers advised that, if the City does not have the enforcement mechanism to enact such a by-law as that recommended, she fails to see why Council would enact such a by-law; and Mr. Rodgers commented on the matter on the basis of previous advice to Council in this regard and the Province's response. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried with Councillor Rogers voting "nay". 84-858 COMMON COUNCIL SEPTEMBER 19, 1994 16. Environment Committee - Election of Chairman and Vice-Chairman On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the City of Saint John Environment Committee advising that, at the Committee's September 14 meeting, Dr. Richard E. Scott, Ph.D. and Mrs. Gay Wittrien, were elected Chairman and Vice-Chairman, respectively, for the coming term -- be received and filed and Council wish the members well. Question being taken, the motion was carried. 17. The Market Square Corporation Annual Report Supplementarv Information On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from The Market Square Corporation submitting, further to the request for further information at the Corporation's September 6 presentation to Council of the 1993 Annual Report, information on the makeup of the expense category "outside services" -- be received and filed with appreciation. Question being taken, the motion was carried. 18. Saint John Parking Commission Appointment of Bv-Law Enforcement Officer Consideration was given to a letter from the Saint John Parking Commission requesting Council's approval of the submitted resolution with respect to the appointment of Allan Francis Fowler as a By-Law Enforcement Officer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8 (1) of the Saint John Traffic By-Law, namely: Allan Francis Fowler: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 19. R. M. Scott Insurance Agency Ltd. Amendment to Section 39 Conditions Re-ZoninQ of 670 Charles Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of R. M. Scott Insurance Agency Ltd. for an amendment to the Section 39 conditions of re- 84-859 COMMON COUNCIL SEPTEMBER 19, 1994 zoning of 670 Charles 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 October 31, 1994. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk