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1994-10-31_Minutes 84-904 COMMON COUNCIL OCTOBER 31, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of October, A.D. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors 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, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; J. Baird, Manager - Development Division - Planning; P. Palmer, Deputy Market Clerk; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and 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 October 24, 1994, be approved. Question being taken, the motion was carried. (Councillor Rogers entered the meeting.) 3. Re-ZoninQ 511 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a triangular area of land having an approximate area of 1,148 square feet situated at 511 Somerset Street (a portion of NBGIC Number 55096432, formerly NBGIC Number 55003255), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to place the subject area of land into the same commercial zoning category as the remainder of the property, which is being developed with a convenience store and gasoline bar, as requested by Tobias Foods Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that Mr. Stephen Tobias of Tobias Foods Limited appeared before the Committee's October 25 meeting in agreement with the recommendation of Planning staff as indicated in the submitted report; and recommending that Council re- zone a triangular area of land having an approximate area of 107 square metres (1,148 square feet) situated at 511 Somerset Street, also being identified as a portion of NBGIC Number 55096432 (formerly NBGIC Number 55003255), from "R-2" One- and Two-Family Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend 84-905 COMMON COUNCIL OCTOBER 31, 1994 the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular area of land having an approximate area of 107 square metres (1,148 square feet) situated at 511 Somerset Street, also being identified as a portion of NBGIC Number 55096432 (formerly NBGIC Number 55003255), from "R-2" One- and Two- Family Residential to "B-2" General Business 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 Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular area of land having an approximate area of 107 square metres (1,148 square feet) situated at 511 Somerset Street, also being identified as a portion of NBGIC Number 55096432 (formerly NBGIC Number 55003255), from "R-2" One- and Two-Family Residential to "B-2" General Business 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. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 4. Amendment To Section 39 Conditions Of Re-ZoninQ 670 Charles Street West The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions imposed on the October 27, 1980 re-zoning of a property located at 670 Charles Street West (NBGIC Number 35196) at its intersection with Catherwood Street, to permit a revised proposal for the development of an insurance office and two apartments in a new building, as the present Section 39 conditions restrict the use to an insurance office and one apartment, as requested by R. M. Scott Insurance Agency Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its October 25 meeting at which the applicant expressed agreement with staff's recommendation; and recommending that Common Council amend the conditions imposed on the October 27, 1980 re-zoning of a property located at the intersection of Charles Street West and Catherwood Street, being 670 Charles Street West, also having NBGIC Number 35196, by deleting Part (a) of the said conditions and replacing it with the following:- "the use of the property shall be restricted to an insurance office and two apartments.". Mr. Robert Scott, President of R. M. Scott Insurance Agency Ltd., was present at the meeting in support of the application and offered to respond to Council queries with respect to proposed amendment. On motion of Deputy Mayor McAlary Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the conditions imposed on the October 27, 1980 re- 84-906 COMMON COUNCIL OCTOBER 31, 1994 zoning of a property located at the intersection of Charles Street West and Catherwood Street, being 670 Charles Street West, also having NBGIC Number 35196, be amended by deleting Part (a) of the said conditions and replacing it with the following:- "the use of the property shall be restricted to an insurance office and two apartments.". Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5. Re-ZoninQ 535 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 535 Somerset Street (NBGIC Number 46136), located at the southeast intersection of Somerset Street and the southern branch of Rope Walk Road, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the development of a restaurant, as requested by Wm. P. Dowd & Sons Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 25 meeting at which the applicant expressed agreement with the staff recommendation; and recommending that Common Council re-zone a parcel of land located at the southeast intersection of Somerset Street and the southern branch of Rope Walk Road, having civic number 535 Somerset Street and NBGIC Number 46136, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions:- (a) all parking areas, loading areas, aisles, manoeuvring areas and driveways must be paved with asphalt and enclosed by cast-in- place concrete curbs to protect landscaped areas and facilitate proper drainage; (b) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (c) a concrete curb and sidewalk meeting City specifications must be installed along the Somerset Street frontage of the site, and concrete curb only (no sidewalk) is required along the portion of the Rope Walk Road frontage of the site which is to be developed, and curbing of driveway entrances shall extend onto the City rights-of-way to join with the street curbs; (d) all disturbed areas of the site, which are not occupied by buildings, driveways, walkways and parking or loading areas, must be landscaped, and the required landscaping must extend onto the City street rights-of- way to the edge of the curb (Rope Walk Road) or sidewalk (Somerset Street); (e) the site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except foundation) until the site plan is approved, such site plan shall be attached to the building permit for the development; and (f) all site improvements as shown on the site plan must be completed within one year of building permit approval. Mr. Bruce Dowd, President of Wm. P. Dowd & Sons Ltd., appeared in support of the above application and offered to answer any questions which Council might have with respect to the proposed re-zoning. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 535 Somerset Street (NBGIC Number 46136), located at the southeast intersection of Somerset Street and the southern branch of Rope Walk Road, from "R- 84-907 COMMON COUNCIL OCTOBER 31, 1994 2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 535 Somerset Street (NBGIC Number 46136), located at the southeast intersection of Somerset Street and the southern branch of Rope Walk Road, from "R- 2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 6. Re-Zoning 25 To 39 Golding And 18 Castle Streets The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land consisting of five separate properties at 25 to 39 Golding Street and 18 Castle Street (NBGIC Numbers 15982,14449,14431,14423 and 14498), from "RM-1" Three-Storey Multiple Residential to "IL-1" Major Institutional classification, to use the site for a parking lot in conjunction with St. Joseph's Hospital, as requested by St. Joseph's Hospital, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 25 meeting at which a representative for St. Joseph's Hospital indicated there was no objection to staff's recommendation and, when asked if there was any objection to a condition of re-zoning limiting the use of the subject site to a parking lot, indicated no objection to the suggested amendment to the recommendation; and recommending that Common Council amend the Zoning By-Law from "RM-1" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, five parcels of land known as 25 to 39 Golding Street and 18 Castle Street, also having NBGIC Numbers 14423,14431, 14449, 14498 and 15982, subject to a Section 39 resolution that the use of the subject property be limited to a parking lot. Mr. Robert Whipple was present on behalf of the applicant in support of the proposed re-zoning. Councillor Rogers noted the lack of a requirement for submission of a detailed site development plan, which Mr. Baird explained relates to the fact that the parking lot is part of a larger parking area that is presently being used by the Province of New Brunswick; however, it is separated by quite a considerable difference in 84-908 COMMON COUNCIL OCTOBER 31, 1994 elevation from the Provincial parking lot, and it is hoped that those two parking lots can be more fully integrated together, while still retaining their separate parking status for the individual institutions and that the whole area can be improved; therefore, while a site plan could have been requested for the site in question, it was the understanding that the Provincial Government is still interested in making improvements to the larger area and this would only become a small part. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land consisting of five separate properties at 25 to 39 Golding Street and 18 Castle Street (NBGIC Numbers 14423,14431,14449,14498 and 15982), from "RM-1" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land consisting of five separate properties at 25 to 39 Golding Street and 18 Castle Street (NBGIC Numbers 14423,14431,14449,14498 and 15982), from "RM-1" Three- Storey Multiple Residential to "IL-2" Major Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor Higgins extended a message of sympathy to the family of the late Mr. Berton W. Huestis, who passed away on October 27, and Councillor Gould spoke on the basis of having served with Mr. Huestis on Common Council, Mr. Huestis having been Mayor of the former City of Lancaster during its amalgamation with the City of Saint John and subsequently as Deputy Mayor of the amalgamated area. Mayor Higgins extended condolences to the family of the late Mr. George Marr, a former City employee of the Water and Sewerage Department, who passed away on October 29. The Mayor noted his attendance at the Towns of New Brunswick Association meeting held in Saint John the past weekend, as well as at the Riverboat Classic bonspiel at the Thistle-St. Andrews Curling Club; and proclaimed October 31 to November 6 to be Poppy Week in the City of Saint John, encouraging all citizens to wear the memorial poppy of the Royal Canadian Legion. 84-909 COMMON COUNCIL OCTOBER 31, 1994 * Added Items On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the copy of the letter to VIA Rail from the Saint John Board of Trade, and the copy of the letter to the Senior Transportation Policy Advisor Ralph Murray from the A/Airport Manager (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting as items 8B and 8C, respectively. Question being taken, the motion was carried. 8A. Air Qualitv Read a letter from Councillor A. Vincent regarding the air quality in East Saint John in that, over the past few months, there have been several incidents which have been attributed to the Refinery and which are affecting the health of the citizens; and asking for Council's support in requesting that the Minister of the Environment make every effort to reduce the pollution in East Saint John and to meet with Refinery officials to produce a plan that would mitigate the operational problems and, at the same time, provide an adequate health alert to the citizens. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the Minister of the Environment be invited to appear before Common Council in open session to apprise Council of her plans to improve the air control system in East Saint John. During discussion staff was asked to access the various data and reports available both from the Company and the Department of the Environment and provide Council with an analysis of that data, prior to the Minister's appearance before Council and, in addition where staff sees fit, provide Council with recommendations as to what position Council might take in the future to avoid such situations or at least to guarantee that there is at least some warning in place for the citizens. Question being taken, the motion was carried. *8B. Board of Trade. Loss Of VIA Rail On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the copy of the Saint John Board of Trade's letter to the President and Chief Executive Officer of VIA Rail, expressing concern regarding the loss of VIA Rail service from and to the City of Saint John, supporting the proposed day-liner connection to Moncton, and encouraging VIA to institute a rail link -- be received and filed and Common Council reaffirm its insistence that VIA Rail shall continue to provide a passenger service by rail to connect the City of Saint John to the rest of the country. The Mayor noted his letter to the Minister of Transport, The Honourable D. Young, with respect to the above matter and his discussion with him in this regard. Question being taken, the motion was carried. *8C. Saint John Airport. Air Traffic Service On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the copy of the letter from 84-910 COMMON COUNCIL OCTOBER 31, 1994 A/Airport Manager Wayne McAllister to Senior Transportation Policy Advisor Ralph Murray, advising that the Regional Director General of Transport Canada Aviation has informed him that the conversion of the Saint John Airport from a control service to an airport advisory service will take place on December 3, 1994 -- be received and filed and Council request a further explanation from the Minister of Transport on the downgrading of service. During discussion the Mayor noted his letter to The Honourable Sheila Copps, Federal Minister of the Environment, and to the various school districts (copies of which were forwarded to Council members as an information item at the October 7 Council meeting), and note was made of the copy of the letter to the Federal Minister from the District Superintendent of School District No.6 (copies of which were forwarded to Council members as an information item at this meeting). Councillor A. Vincent asked the names of the persons on the Airport Consultative Committee and, upon being advised by the Mayor that he did not know who was on the Committee but would find out, Councillor A. Vincent proposed that the matter be tabled. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table until the names of the Committee members are determined. Question being taken, the tabling motion was lost, with a majority of the Council members present voting "nay". Question being taken, the original motion was carried. 7. Proposals For Private Operation Of Rockwood Park Golf Course & DrivinQ RanQe Consideration was given to a copy of Proposal Call No. 94-032 for the operation of a municipal golf course. Consideration was also given to a copy of the proposal submitted in response to the above Proposal Call by (a) Gerry Connolly and (b) Contemporary Leisure Canada Inc. On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the copy of Proposal Call No. 94-032 be received and filed. Question being taken, the motion was carried. 7{a). Mr. Gerry Connolly addressed Council with regard to his proposal to assume the administrative, management and maintenance responsibilities associated with the operation of the Rockwood Park Golf Course and Aquatic Driving Range on behalf of the City; and explained that no funding, either capital or operating, would be required from the City during the entire tenure of the proposed lease and that his response to Proposal No. 94-032 was prepared in consideration of the Rockwood Park Master Plan, the City's commitment to reduce costs and enhance services through privatization, and the expense and information data provided in the Call for Proposal covering the 5-year period from 1989 through 1993, as well as in consideration of his strong desire to remain in Saint John; and also that, while his proposal requests a term of agreement of 30 years which is necessary to allow sufficient time as specified in the Call for Proposal to allow for the recovery of the proposed extensive capital improvements, he is flexible on the duration of the lease, but the extent of capital improvements would require adjustment if the proposed term must be shortened in that the proposed long-term arrangement would ensure long-term stability in management, operations and service and an opportunity to develop a rapport with all users and provide users with a sense of security with the golf facilities. Mr. Connolly suggested 84-911 COMMON COUNCIL OCTOBER 31, 1994 that a short-term lease would lead to an approach to make a quick profit and almost certainly lead to poor golf course and facility maintenance, costly services and few capital improvements, unless the operation is subsidized by a large management fee from the City of Saint John, and re-iterated that he proposes no cost to the City; also explained that the reasons why his proposal calls for the equipment and furnishings to be leased to him for $1 per year are as follows:- (1) at the end of the lease period, equipment and furnishings, including those bought with private capital, will become City property, such as golf power carts which he proposes to buy in 1995 at a cost of approximately $50,000, and there will undoubtedly be a requirement to replace expensive equipment which reaches the end of its useful life when down-time and repair costs render them liabilities; (2) he proposes a generous maintenance budget which assures that the course and equipment will receive the necessary attention to keep them in top condition; and (3) no matter who assumes this project, any lease charges will have an impact on expense budgets; that is, either capital and/or maintenance spending will be reduced. Mr. Connolly advised of the Federal Business Development Bank's tentative support, in writing, of the project; commented on the proposal for more than $260,000 in capital improvements from 1995 to 1999, in the area of improvements and expansion of the golf club house and range facilities, referring to a graphic of the proposed expansion on an overhead slide, and on his agreement to turn an agreed percentage revenue back into capital improvements; made the observation that, as his team would be local, money would remain in Saint John in that there would be no costly management board in another city or province, further guaranteeing that decisions would be made by local people who could respond to any issue expeditiously and knowledgeably; and also noted his proposal to keep the club house open year-round and to work with the City to develop a sound winter program. Mr. Connolly referred to an overhead slide depicting lower costs of green fees and season passes for 1995 to 1999 for City residents in the adult group compared to the cost for non-residents of the City of Saint John; and apprised Council of the background of the principals of his group, as included in the submitted proposal, and the requirement that all staff be residents of the City of Saint John. Mr. Jon Skead introduced himself to Council on the basis that he, in the Gerald Connolly proposal, would fill the General Manager position, and he apprised Council of the skills and experience he would bring to the proposal. Mr. Connolly apprised Council of the experience of the other persons involved with the project and the positions they would fill, and outlined the marketing plan, including the data/statistics, as set out in the previously-submitted proposal; and concluded his presentation by indicating that he has put forth for Council's consideration and approval a top-quality proposal which will provide many benefits for the City over the duration of the lease period at no cost to the City, and that a letter of support from a major financial institution should ease any concerns which may exist with respect to financing, and that a long-term lease, of twenty to thirty years with flexibility offered, is in the best interest of the City. In response to Council queries, Mr. Connolly advised that he has no plans to change the existing scenario at the facility with respect to reserved tee times and walk-on golfers and that equipment replacement would be at his cost and also that, with regard to grants, it would be the intent to look to the Federal or Provincial Governments for possible funding; clarified the intent of including in his proposal a number of supplementary recommendations on Rockwood Park; and further that, having worked through all the expenses at the Golf Course based on having his staff working, keeping the costs in line, maintaining the course in a-one condition and providing good service, the bottom line came out to be a profit; and, during his comments on an incident involving the timing of the sprinkler system on the assumption that it happens under the collective agreement that staff at a certain time does certain things, Councillor A. Vincent rose on a point of order on the basis that Mr. Connolly said something he could not back. The Mayor indicated that he would recognize Councillor A. Vincent's right to speak through his light signal, and ruled him out of order, and Mr. Connolly subsequently clarified, in response to Councillor A. Vincent, that he did not mean to imply anything against the integrity of City workers. 7{b). Messrs. James Durrell, President and Chief Executive Officer, and 84-912 COMMON COUNCIL OCTOBER 31, 1994 James Cain, Vice President of Business Development, of Contemporary Leisure Canada Inc., were present at the meeting to outline their proposal for the operation of the Golf Course. Having distributed to Council members, an information kit on the Eagle Creek Golf Club managed by Contemporary Leisure Canada Inc., Mr. Durrell, in his remarks, made the observation that funding to operate the Rockwood Park Golf Course is limited to the revenue stream, if Council wishes to keep the Course, and that Council has before it two different and very unique approaches in that Contemporary Leisure Canada Inc. put its bid together on the basis that the City would still, effectively, own and have say in the Golf Course through its control of the green fees and with the Company reporting to Council through staff, and that his Company would manage the Golf Course. Mr. Durrell explained that his proposal is based on ten years because there has to be a subsidy in the first few years as the Golf Course is operating at a loss and, if the existing pass membership formula is to be maintained, there are only so many rounds of golf that can be played; although, if many of those playing a great percentage of those rounds are people who have paid a very small membership, the price per round drops dramatically, so what is critical is the price per round. Mr. Cain, in addressing Council on how Contemporary Leisure Canada Inc. would operate the course and on the composition of the management team, expressed the view that, in order to preserve the facility in its present pristine condition, a director of golf should be introduced into the operation so as to pull together the Aquatic Driving Range and the golf because, as the operation is now heavily subsidized, only an instructional program that maximizes its usefulness at that site will cause the Aquatic Driving Range to become self-sufficient; noted the Company's proposal to manage the entire food and beverage concept at the site, both in the existing club house and on the course in anticipation of generating revenues of $100,000 to $125,000; and made the observation that, as not much more than 24,000 rounds of golf annually would be played at the site and at an average of $20 per round, not much more than $400,000 would be generated in revenue and, coupled with the food and beverage, that is all that is in it, so it would be necessary to take today's scenario, move it forward and improve it through marketing, make the Aquatic Driving Range into a self-sufficient operation, and carry it forward where there would be gradual reduction of the cost to the taxpayers, ultimately after 5 years, to zero and carry it onward and, in conjunction with that in the Company's formula, a leasing arrangement would be applied to the City's existing inventory of equipment on the site. Mr. Cain explained that their proposal identifies in each and every year capital amounts in excess of $10,000 to look at improvements to, in some way, make the facility operate a little more efficiently, such as improvements to the parking lot and an expansion of the first tee on the golf course which would fall into the $10,000 to $20,0000 range, as there is not the revenue to, at any time, undertake improvements of $200,000 to $250,000, and that Contemporary Leisure Canada Inc. would cause the particular site not to be a burden to the taxpayers of the City which, effectively, means that the users would pay for the site. Mr. Cain, in response to Council queries, advised that, in retaining memberships at the facility, Contemporary Leisure Canada Inc. would attempt to reach a suitable agreement on capping the size of the user group with passes, and that, while the City would bear responsibility for the major equipment life-cycle costs which would be purchases in excess of $25,000, minor repairs and maintenance would be built into the management cost in the proposal; and, in terms of a subsidy from the City, explained that, based on their formula, there would be an approximate $82,000 operating deficit in year one at this particular site, compared to the City's 1993 figure of $196,000, which would mean that the City would pay the value of that to Contemporary Leisure Canada Inc., and in years two, three, four and five, the subsidies would be $65,000, $48,000, $34,000 and $13,000, respectively, and thereafter zero. Mr. Cain confirmed that, over a period of ten years, Contemporary Leisure Canada Inc. would make $145,000 in capital improvements, based upon approval in consultation with staff in terms of staff's overall priority to determine where that money would be spent, and also that the proposal involves quite a bit more marketing than is currently being done by the City; and, in terms of what benefit would result to the City and the taxpayers by having Contemporary Leisure Canada Inc. manage the facility, Mr. Durrell suggested that the City would get a better-operated golf course at substantially less cost to the taxpayer, and that the average deficit at this time of $200,000 could be used to do other things. Mr. Durrell, in responding to a question as to why Contemporary Leisure Canada Inc. is the better company to provide this service to the City of Saint John, re- 84-913 COMMON COUNCIL OCTOBER 31, 1994 iterated that first and foremost this facility is a business and, as a municipal facility with a very long history in the City of Saint John, deserves to be treated accordingly and to be run in the best, most efficient and effective manner possible, and that Contemporary Leisure Canada Inc. has the ability to do that and, in continuing to expand the golf course operation, Rockwood Park and the City of Saint John will be promoted, and also that Contemporary Leisure Canada Inc. would do a better job for the City because it is in the business of recreation and knows the numbers. With respect to Mr. Cain's indication that golf courses as opposed to membership fees on an annual basis would be continued, while the financial notes indicate that annual memberships would be eliminated in favour of full availability to public green fee use, and the manner in which this would affect the financial proposal submitted, Mr. Durrell explained that this was included in the proposal call in fulfilling its objectives in that, if a truly public course were wanted, there would be no memberships and, as City staff indicated that this would be a concern, they indicated to staff that they were prepared to live with the existing situation and likely recommend a cap. Concerning the possibility that there may still be subsidy required after year five should the City not agree to the proposed increasing green fee structure, Mr. Durrell advised that Contemporary Leisure Canada Inc. feels very confident that it can improve the tournament play in the area and in the ten-year contract is prepared to guarantee and put up a performance bond for an amount to be negotiated with the City; and Mr. Cain clarified that, with regard to the numbers in the proposal and those related to tournament play, there appears to be a substantial market for adult play where the full value of the price per round can be obtained and that, in working through the numbers including junior, student and senior rates, it is the intent to maximize the potential by getting the full adult rate for the rounds in tournament play; and advised that, had he with him his back-up papers, he could indicate that the numbers work out. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the presentations by Gerry Connolly and Contemporary Leisure Canada Inc. of proposals for the operation of the Rockwood Park Golf Course and Aquatic Driving Range be received and referred to the City Manager for a report and recommendation, as well as to the Rockwood Park Advisory Board, with a report to be provided to Council as soon as possible. Question being taken, the motion was carried. 23. Municipal Golf 2000 - Future Operation Of Rockwood Park Golf Course On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the correspondence from Cyril Oram, Chairman of Municipal Golf 2000, referring to the public hearing at this meeting of proposals for the future operation of the Rockwood Park Golf Course; and requesting the opportunity to present the members' views to Council on November 14 to respond to these submissions -- be received and the request to address Council on November 14 be granted, with no decision to be made on the proposals presented until Municipal Golf 2000 has had an opportunity to make its presentation. Question being taken, the motion was carried. 9. ProQress Payment Contract 93-8 On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 84-914 COMMON COUNCIL OCTOBER 31, 1994 1. Contract 93-8, Asphaltic Concrete Street ResurfacinQ 1993 Grove Construction (1986) Inc. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated October 26, 1994 Final holdback release. $1,093,357.19 976,779.32 Nil 946,919.90 29,859.42 1,953.42 $ 29,859.42 Question being taken, the motion was carried. 10. Tender For Pavement Repair Material On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Atlantic Colas Ltd., in the amount of $84.75/tonne (plus taxes), be accepted for the supply of pavement repair material for a period of one year. Question being taken, the motion was carried. 11. Tender For Pump Controls On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of O'Brien Electric Co. Ltd., in the amount of $49,935.10 (including all taxes), be accepted for the supply and installation of new pump controls at the Beach Crescent and Hickey Road pumping stations. Question being taken, the motion was carried. 12. Offer Of Wendy Gallant & Cathy Wisted To Lease Space In City Market Consideration was given to a report from the City Manager referring to Common Council resolution of October 17 approving the relocation of Cafe au Lait in the City Market, and to the subsequent availability for lease of its previous location; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a lease be approved between the City of Saint John and The Butterfly Shoppe, owned by Wendy Gallant and Cathy Wisted, for stall #5 in the Saint John City Market, for a period of thirteen (13) months (December 5, 1994 - December 31,1995). Question being taken, the motion was carried. 13. Next Steps In Process For Removal of 65-67 Clarendon Street From Preservation Area Read a report from the City Manager referring to Common Council resolution of October 3 directing the City Manager to begin the process to remove the building at 65-67 Clarendon Street from the Douglas Avenue Heritage Preservation Area, subsequent to the request to Council on September 6 by William and Brenda 84-915 COMMON COUNCIL OCTOBER 31, 1994 James; and submitting a recommendation with respect to the next steps in the process. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council set December 12, 1994 as the date for a public hearing to consider an amendment to the Saint John Preservation Areas By-Law which would remove 65-67 Clarendon Street (NBGIC Number 379313) from the Douglas Avenue Preservation Area and authorize the required advertisement. Question being taken, the motion was carried. 14. Appointment of Building & Deputv BuildinQ Inspector Consideration was given to a report from the City Manager advising that the position of Building Inspector has been vacant since May 1, 1994 and will be filled in the immediate future; and recommending that, until the position is filled, a further extension of the temporary appointments of Mr. Bert Steeves and Mr. David Crawford be approved. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Mr. H. Burton Steeves be appointed Building Inspector for a temporary period ending November 28, 1994; and (2) Mr. David G. M. Crawford be appointed Deputy Building Inspector for a temporary period ending November 28, 1994. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 15. Temporary Location Of Mobile Home 1771 Old Black River Road Read a report from the City Manager submitting a copy of the previous letter to Council on October 24 from K. Hosford requesting permission to temporarily locate a mobile home at 1771 Old Black Road; 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 mobile home located at 1771 Old Black River Road be permitted to remain for a period of one (1) year. Question being taken, the motion was carried. 16. Safety Issues, Westmorland Road At MarQaret Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's September 26 meeting at which safety concerns on Westmorland Road at Margaret Street were referred to staff, at the present time, a crosswalk or signs is not required because the only crossing of the street is for the school bus and this is covered by the bus with its flashing lights -- be received and filed. Councillor Gould noted that a speed limit is one issue, while enforcement 84-916 COMMON COUNCIL OCTOBER 31, 1994 of the speed limit is another, and Councillor Rogers noted her previous motion to refer the matter to the Police Commission and the lack of this response to Council. Councillor M. Vincent suggested that the Police Department should keep a closer watch on traffic on Westmorland Road and perhaps make some announcements in this regard as a form of prevention, and staff could review the situation to see if street markings could be made more visible and also that, after so doing, apprise Council of what has been done in this regard in two or three weeks after a reasonable assessment. Question being taken, the motion was carried with Councillors Gould, Rogers, A. Vincent and M. Vincent voting "nay". 17. Schedule of Council MeetinQs Consideration was given to a letter from the Common Clerk submitting, for Council's consideration, a proposed schedule of Council meetings to the end of February 1995 which proposes, to comply with the requirement for Council to meet every two weeks, that no meeting be held the week of December 26 and that a regular meeting be held on Tuesday, January 3, 1995 at 7:00 p.m. On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that Council adopt the schedule of Council meetings as submitted above. Question being taken, the motion was carried. 18. Saint John Parking Commission Appointment Of Bv-Law Enforcement Officers Read a letter from the Saint John Parking Commission requesting that Council approve the submitted resolution to appoint by-law enforcement officers. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 members of the Canadian Corps of Commissionaires as By-Law Enforcement Officers 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: Craig Gabriel Timmerman and Kevin James Amburg: 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. Elsie E. Wayne, M.P. GST Rebate To Municipalities On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Elsie E. Wayne, M.P., submitting a copy of her Statement to The House of Commons with regard to the GST rebate to municipalities; and advising that, after her Statement on October 21, the Chairman of the Standing Committee on Finance notified her that the Committee has terminated the discussion of removing the GST rebate and has no plans to eliminate the rebate to any municipalities for the time being -- be received and filed and Mrs. Wayne be thanked for her support. 84-917 COMMON COUNCIL OCTOBER 31, 1994 Question being taken, the motion was carried. 20. Guiliano DeBortoli Application Re-ZoninQ 421-425 DouQlas Avenue On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Guiliano DeBortoli for the re-zoning of 421-425 Douglas Avenue 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 December 12, 1994. Question being taken, the motion was carried. 21. Janet A. Brockway - Temporary Location Of Mobile Home On Churchland Road On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from Janet A. Brockway requesting permission to place a mobile home on property on Churchland Road -- be received and filed and permission be granted to place a mobile home on the subject property for a period of one year. Question being taken, the motion was carried. 22. Petition From Area Residents Re Proposal To Drain Treadwell Drive Into Treadwell Lake On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letters from Catherine Jones submitting a petition from area residents objecting to the proposal to drain the spring run-off from Treadwell Drive into Treadwell Lake, while not in opposition to the digging of culverts or ditches on Treadwell Drive; and requesting that, as their main objective is a clean lake, the City look into existing polluters and make them clean up their areas in an environmentally-safe way -- be received and referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notwithstanding the above-requested report from the City Manager and should the residents of the Treadwell Lake area feel the need to appear before Common Council, Council would hear from the residents at the appropriate time. Question being taken, the motion was carried. 24. Grade 3 Class Morna Heights School Possible Location of Dump In Area 84-918 COMMON COUNCIL OCTOBER 31, 1994 On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letters from the teacher and students of the Grade 3 class of Morna Heights School expressing concern about the possible location of a dump in the area -- be referred to Council's representatives on Fundy SWAT. Question being taken, the motion was carried. 25. Dorothea Backa - Mountain And Westmorland Roads On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Dorothea Backa thanking Council for addressing the two problems on Mountain and Westmorland Road as outlined in a letter to Council at its June 27 meeting; and suggesting that City bus drivers are going to destroy the asphalt around the manhole covers once more because they hit them in travelling at excessive speeds -- be received and filed and the references to speeding bus drivers and a traffic officer be referred to the Saint John Transit Commission and the Police Department, respectively. Question being taken, the motion was carried. 26. Carol Tate - Irving Paper Waste LaQoon. East Saint John On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Carol Tate expressing concern about and asking for answers from Council to her questions as outlined with respect to the Irving Paper toxic waste lagoon in East Saint John -- be referred to the City Manager. Question being taken, the motion was carried. 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