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1994-12-12_Minutes 85-9 COMMON COUNCIL DECEMBER 12, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of December, A.D. 1994, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, 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; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager - Development Division, Planning; E. Farren, Intergovernmental Affairs Officer; J. Bezanson, Heritage Planner; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 5, 1994, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the copy of a letter to Mayor Higgins from The Honourable J. E. Lockyer, Minister of Supply and Services, dated November 23, 1994, regarding the old Saint John General Hospital site -- be added to the agenda of this meeting for consideration as item 8A. Question being taken, the motion was carried. 3. Re-ZoninQ 421-425 DouQlas Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land at 421-425 Douglas Avenue (NBGIC Numbers 378372 and 378380), and a 10- foot-wide portion of NBGIC Number 379016 extending along the boundary of NBGIC Number 378380, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, to permit the establishment of a laundromat in the existing building located at 421 Douglas Avenue, a requested by Giuliano DeBortoli, and that no written objections were received in this regard. Consideration was given to a report from the City Manager submitting a letter from Mr. Giuliano DeBortoli advising that he has decided to withdraw his application for the proposal of a laundromat at 421 Douglas Avenue due to the 85-10 COMMON COUNCIL DECEMBER 12, 1994 extensive amount of excavation work that must be done to extend the sewer, and requesting a refund of the $200 application fee. The City Manager's report explains that, in the course of reviewing the application, the Engineering Department advised that an extension of the sanitary sewer would be necessary in order to accommodate the proposal and the estimated cost of such work proved to be prohibitive for the proposed development; and recommends that Council accept the letter withdrawing the re-zoning application for 421-425 Douglas Avenue, and refund the fee. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council accept the submitted letter from Mr. Giuliano DeBortoli withdrawing his application for the re-zoning of 421-425 Douglas Avenue, and the fee of $200 be refunded to him. Question being taken, the motion was carried. 4. Section 39 Amendment To Conditions Of Re-ZoninQ 293 Lancaster Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions attached to the August 12, 1974 re-zoning of 293 Lancaster Avenue (NBGIC Number 33399), to permit the first floor of the existing building to be used for a tea room to be used in conjunction with the adjacent funeral home, as requested by Mr. Joe McGrath, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it considered the submitted report from the Planning Department at its December 6 meeting at which no one appeared and no letters were received from neighbouring property owners; and recommending that Common Council amend the Section 39 conditions imposed on the August 12, 1974 re-zoning of the property located at 293 Lancaster Avenue to permit the operation of a tea room. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the August 12, 1974 re-zoning of the property located at 293 Lancaster Avenue to permit the operation of a tea room. Question being taken, the motion was carried. 5. Section 39 Amendment To Conditions Of Re-ZoninQ 201 McAllister Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions attached to the October 18, 1993 re-zoning of Exhibition Plaza, 201 McAllister Drive, containing approximately 6 acres of land and being part of NBGIC Number 307397 and located at the intersection of McAllister Drive and Westmorland Road, to permit the increase of commercial space from 46,000 square feet to approximately 50,000 square feet within the same subject area, as requested by Exhibition Plaza Inc., and that a letter of opposition to the proposed amendment with respect to 159-175 McAllister Drive has been received from Dorothy Bland. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's December 6 meeting at which a representative of Exhibition Plaza Inc. expressed support for the recommendation, and Mrs. Urquhart expressed concern regarding the further addition and drainage in the area; and recommending that Council amend the conditions attached to the October 18, 1993 re-zoning of approximately 6 acres of land, being part of NBGIC Number 307397, at the intersection of McAllister 85-11 COMMON COUNCIL DECEMBER 12, 1994 Drive and Westmorland Road, by amending part 2(a) to read: "development of the re- zoned area shall be limited to the proposed unenclosed mall with an area of no more than 50,000 square feet of space, in accordance with the applicant's proposal.". Mr. Charles Swanton, President of the Saint John Exhibition Association, appeared in support of the proposed amendment; noted the progress made on Exhibition Plaza over the last few months; and advised that, throughout the development process, the Plaza group has kept in close communication with the Association advising of any changes to the project and providing regular progress updates. Mr. Swanton expressed the view that this partnership is beneficial to the Association, the Plaza group and the City of Saint John; and introduced Mr. Michael Zakuta, Secretary of Exhibition Plaza Inc. Mr. Michael Zakuta addressed Council on behalf of Exhibition Plaza Inc. and advised that, in increasing the building area from 46,000 square feet to 50,000 square feet, there would be no increase in the land or parking areas, and the applicant would be respecting all of the other requirements of the Section 39 amendment accepted earlier in the year. In response to Council queries, Mr. Zakuta made the observation that the proposal does not encroach on the ballfield and there is a buffer zone between the ballfield and the present development. With regard to the reference to item 8 on the agenda of this meeting on the basis that the property involves the same development and the suggestion that it might be advantageous for Council and the City to have an opportunity to review the entire development package, rather than dealing with each step without knowing what the potential eventuality might be, Mr. Baird advised that the proposal which would be initiated on item 8 involves the area of land between the existing development and the Simonds Arena, and Mr. Totten suggested that it might be appropriate for Council to request the Exhibition Association to bring before Council its current plans for the entire site. Mr. Swanton noted the property with which item 8 is dealing; apprised Council of the Association's current development plans for property in the area, and advised that the Association could present its overall plan for development to Council; and, with regard to whether or not a delay in the matter before Council pending presentation of the overall development plan would be of concern, Mr. Zakuta advised that it would cause a problem in that the issue of this public hearing is separate and the applicant has been having ongoing discussions with tenants who would like to occupy premises there and is unable to accommodate them with the 46,000 feet building area; and, while there is no rush on item 8 in that preliminary discussions have been started with a tenant for what is called Phase 3 as a project for 1996, time is of the essence with respect to the proposed Section 39 amendment as it would be the intent to enter into leasing arrangements very shortly and start construction in the spring; and also advised that, including item 8, this would be the extent of the applicant's request and what it sees as the development for the Company at this point of time, and the applicant is not presently working with the Exhibition Association on the other lands. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the October 18, 1993 re-zoning of approximately 6 acres of land, being part of NBGIC Number 307397, at the intersection of McAllister Drive and Westmorland Road, by amending part 2(a) to read: "development of the re-zoned area shall be limited to the proposed unenclosed mall with an area of no more than 50,000 square feet of space, in accordance with the applicant's proposal.". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above correspondence be received and filed. 85-12 COMMON COUNCIL DECEMBER 12, 1994 Question being taken, the motion was carried. 6. Preservation Areas By-Law Amendment To Delete 65-67 Clarendon Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed deletion from the Preservation Areas By-Law of the property located at 65-67 Clarendon Street (NBGIC Number 379313), to remove the area from the heritage preservation area, as requested by William and Brenda James, and that letters in opposition have been received from JoAnne Claus and Robert W. Ring. Consideration was also given to a report from the Preservation Review Board advising that, at the time of designation, the interests of the building at 65-67 Clarendon Street were represented by Paul James who enthusiastically endorsed designation, and this was the first property in the Douglas Avenue area to have a Certificate of Appropriateness and a grant approved after the designation for extensive reconstruction of the verandah and replacement of the existing clapboards; and also advising that, while during the course of the work on the verandah ownership of the building changed, the Board feels that they also entered into the process and standard of the Preservation Areas By-Law with "eyes wide open"; therefore, if this building is removed, it would set a grave precedent in that any new owner anywhere in a Preservation Area who does not wish to meet the By-Law standards could have the building removed via a request to Council. The report further advises that, while the established process provides for a negative decision of the Board to be appealed to the Provincial Planning Appeals Board, the owners did not exercise their option to appeal the Board's decision when the application to change the clapboard siding to the composition board material was presented to the Board in 1994 and subsequently denied, and furthermore, the owners agreed with the alternative siding approved by the Board; and also that, as grants are paid out upon completion of the work, the 1993 grant was paid to the current owners, William and Brenda James, and the Board approved, as a part of their second application for the proposed work in 1994, a second grant of up to $2,600; and recommends that Common Council not approve the request from William and Brenda James to remove the building at 65-65 Clarendon Street from designation under the Saint John Preservation Areas By-Law. Mr. Peter Smit of 1260 Manawagonish Road appeared before Council in opposition to the removal of the above property from the heritage preservation area, as President of Heritage Saint John, a community-based organization formed by citizens of Saint John to further the interests of heritage within the City which has been in existence for approximately one year; noted that the results of the implementation of the Preservation By-Law have proved to be of great economic benefit to Saint John in both higher property values and higher property taxes; and suggested that the reemergence of Saint John as a tourist destination is moving hand in hand with the beautification of the City's preservation areas. Mr. Smit made the observation that, in the situation of the James' family, the property was designated as a heritage home, the family has had the resources of the City' heritage planning program and has worked successfully with the heritage guidelines to restore their outside porch and receiving a heritage grant, and that this success was obtained by both parties - the building owners and the Heritage Planner working together to achieve a common goal; and expressed the opinion that, in light of this background of cooperation, this matter should be tabled so that further action can be taken to restore the relationship that previously existed between the owners of the Clarendon Street property and the Heritage Planner. Mrs. JoAnne Claus of 204 Germain Street appeared in opposition to the proposal to remove the subject property from the heritage preservation area; and, referring to her above-mentioned letter asking Council to reject the application, spoke in support of her letter to the effect that, as a homeowner, if this property is allowed to withdraw from the heritage area and from being a designated building, the City is open to any property owner withdrawing a building from the heritage area, and she would be concerned that owners of property near her property on Germain Street should decide that they do not want to be in the preservation area, request to withdraw and, in turn, do anything they feel like doing after all that has been invested by her, personally, and by the City in the heritage areas. 85-13 COMMON COUNCIL DECEMBER 12, 1994 Mr. Don Gillis, Chairman of the Preservation Review Board, addressed Council on the Board's above-mentioned report which expresses opposition to the removal of the subject property from the preservation area; and highlighted this report. Deputy Mayor McAlary asked if, should Council deny the request to withdraw, the owners could appeal through the Provincial Planning Appeals Board, to which both Messrs. Gillis and Bedford responded to the effect that they have not reviewed this matter. Mr. Stephen Alexander of 21 Orange Street appeared in opposition to the removal of 65-67 Clarendon Street from the preservation area; advised that, during his residency in a preservation area, his property tax assessment has gone up rather dramatically which, in turn, means that the City' tax base is improving; commented on his experience in residing in the designated heritage area of Orange Street; and expressed concern that, nor would it be fair if, his neighbours could opt out on the basis that they do not want to adhere to some of the regulations that go with it, after having taking advantage of the preservation area and seeing the value of their property increase and their property become a positive draw to other people. Mr. Alexander expressed the opinion that, once a neighbourhood decides as a group to become a designated area, it would not be appropriate for an individual to decide to opt out. Dr. William Patterson of 254 Douglas Avenue spoke in opposition to the subject application; noted that he chaired the board that went through the process of designating Douglas Avenue, the time allotted during the process for questions by property owners, and the manner in which Douglas Avenue was designated; and advised that the individual property owners knew, at the time of designation, that, if they sold their properties, the designation would remain on those properties. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Preservation Review Board, Common Council reject the request from William and Brenda James to remove the building at 65-67 Clarendon Street from designation under the Saint John Preservation Areas By-Law. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 7. Municipal Plan Amendment To Permit Re-ZoninQ Of Crane Mountain. HiQhwav 7 With regard to item 7, Councillor Gould advised his intent, as Council's representative on Fundy SWAT, to withdraw from the meeting due to a possible conflict of interest. Mr. Rodgers advised that, as this is only a public presentation and is very preliminary, he would like an opportunity to look into the possible conflict issue prior to the matter coming back before Council; and expressed the opinion that there is no reason for Councillor Gould to leave the meeting at this time. (Councillors Gould and Rogers withdrew from the meeting.) Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land containing an area of approximately 330 acres and fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301, 55043293 and portions of NBGIC Numbers 55086987 and 55087019, from Rural to Heavy Industrial classification, to permit the re-zoning of the parcel of land from "RF" Rural 85-14 COMMON COUNCIL DECEMBER 12, 1994 and "P" Park to "1-2" Heavy Industrial classification and subsequent development of a sanitary landfill facility, as well as possible recycling and composting facilities for the Fundy Region, as requested by Fundy SWAT. (Councillor Gould re-entered the meeting.) 8. Municipal Plan Amendment To Permit Re-ZoninQ Of 135 McAllister Drive Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 135 McAllister Drive (a portion of NBGIC Number 307397), having a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet and located between the Simonds Arena and Exhibition Plaza, from Major Institutional to District Centre Commercial classification, to permit the parcel of land to be re-zoned from "B-2" General Business and "P" Park to "SC" Shopping Centre, for the purpose of constructing an approximately 14,000-square-foot addition to the Exhibition Plaza development, as requested by Exhibition Plaza Inc. *8A. Minister of Supply And Service Proposal Re Old General Hospital On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the copy of the letter to Mayor Higgins from the Minister of Supply and Services, dated November 24, 1994, clarifying, in view of an indication of CANTEC's intent to make a proposal to the City and/or the Province to redevelop the old Saint John General Hospital site, that the Province has no interest at this time in any redevelopment of the existing complex, and the Government's concern is to remediate the site as soon as possible; and assuring the Mayor that the Province remains committed to working with the City of Saint John to find an acceptable course of action that would result in the demolition of the various buildings and clean-up of the unsightly dangerous premises -- be received and filed. Councillor A. Vincent suggested that, as the Minister invites questions in his letter to the Mayor, the Minister should be asked who owns the subject property. (Councillor Roger re-entered the meeting.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 12. Mavor' Remarks Deputy Mayor McAlary welcomed to the Council Chamber Messrs. Norman MacFarlane and John Correia who addressed Council on the 27th Annual Irving Oil Christmas Hockey Tournament and distributed invitations, tournament passes and hockey pucks, respectively, such tournament to be held from December 27 to 30. 9. Uptown Saint John Inc. 1995 Budget And Business Improvement Levv Bv-Law The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 12 cents per $100 of assessment for 1995 on business property within the area as designated by Council, and that no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Chase 85-15 COMMON COUNCIL DECEMBER 12, 1994 RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the 1995 budget for the Business Improvement Area as follows:- Revenue Business Improvement Area Levy Government Grants Interest Income Ornament Revenue Scratch & Save South End Social Seminars $199,000 3,000 4,000 16,400 2,500 1,000 300 $226,200 Expenses Public Relations Urban Design Marketing Parking Business Development Implementation of Uptown Strategy Residential Development Office & Administration: Bad Debts Bank Charges and Interest Contract Labour Dues Insurance Leasehold Office Equipment Meetings Miscellaneous Office Supplies Payroll Postage Professional Fees Printing & Stationery Rent Travel Telephone $ 9,500 500 57,000 8,000 5,000 25,000 6,000 5,000 500 2,000 500 1,600 4,500 5,000 5,000 4,800 64,000 1,000 3,000 2,000 10,752 2,000 3,500 $226,152 Excess Revenue Over Expenses $ 48 Question being taken, the motion was carried. 85-16 COMMON COUNCIL DECEMBER 12, 1994 12. Mayor's Remarks Deputy Mayor McAlary noted the forthcoming New Brunswick Cup Hockey Tournament at Harbour Station commencing December 15 involving olympic hockey teams from Canada, Sweden and Finland; commended fire fighters of the Saint John Fire Department for their rescue of two children from a fire on Adelaide Street on December 3, as well as Works Department employees who assisted a woman who fell in King's Square; advised that the collective agreement with Local 486 has been signed by the parties; and noted the First Night event to be held in the City on December 31, and the Torch Light Parade held from the Assumption Church on the City's West Side on December 7, as well as that CBC will be broadcasting from the City Market on December 16 Councillor Rogers extended condolences to the family of the late Mr. Wayne Joyce, a retired Saint John fire fighter, who passed away on December 9. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Wayne Joyce. Question being taken, the motion was carried. 12A. FliQht Operations Saint John Airport Read a letter from Councillor Chase suggesting that, in view of the relocation of the Saint John Weather Office to Fredericton and the loss of the local air traffic control service at the Saint John Airport, Council and staff should receive any and all "incident reports" filed by airline pilots, especially those that are connected to lack of proper and accurate weather conditions being available for flight crews and any problems related to lack of local air traffic control, and should be apprised of any incidents involving flight operations at the Saint John Airport on a regular and ongoing basis. Councillor Chase advised of his receipt of new information on this date on the above matter. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that the above letter be received and filed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 10. Sterling Brown - Proposal For Beautification Of ThrouQhway Consideration was given to a letter from Mr. Sterling Brown requesting to appear at this meeting to make a presentation on a proposal for a facelift and the beautification of the Saint John Throughway and surrounding areas, and on the first impressions of tourists and visitors to the City of Saint John on the Throughway, focusing on the many sites they see while driving on this highway and noting observations on entrances, exits, signage and physical attractions; advising his intent to put forward the observations and personal experiences of a number of people over a period of six months from May 1994 to November 1994, as well as recommendations for Council's consideration with respect to this proposal. Mr. Sterling Brown of 357 Maple Row addressed Council concerning his 85-17 COMMON COUNCIL DECEMBER 12, 1994 above-mentioned proposal on the basis that the entrances to the City, including the highway, interchanges and adjacent areas on the Saint John Throughway are first, and sometimes the only, impressions for people passing through the City; and explained why, in his opinion, these entrances, in general, are a disgrace, giving examples of things one would see while driving on the Throughway, noting the lack of signs adjacent to the City core denoting the City Centre. Mr. Brown offered to lend to Council members for their viewing an approximate 15-minute video of the Throughway; introduced his wife, Judy, and two children, Elisa and Jeffrey, who participated in picking up garbage and mowing grass in the area from the east entrance to the Harbour Bridge to the end of the on-ramps on Wall Street on both sides of the Throughway, including the railroad tracks and property on Station Street; and acknowledged other persons who assisted in this clean-up. Mr. Brown asked Council's approval to, together with Enterprise Saint John and the City of Saint John, request the Provincial Government to return to Saint John and fix deficiencies up that were left behind from years of construction in the evolution of the Throughway which were not completed in the first place, and to put forward a yearly maintenance plan for this area to address such things as grass mowing, litter control, signage, repair to guard rails and lighting; and also requested that the City of Saint John put together it maintenance plan to support the areas that the Province will not or cannot do, following which he will then approach the private sector for participation. Mr. Brown advised that Mr. S. Carson of Enterprise Saint John and he met on December 5 with the local MLAs, and received a call on December 8 from The Honourable Sheldon Lee's Department of Transportation, indicating that the Province will be available next year to play its part, therefore, there is a verbal commitment from the Province at this point; and suggested that a committee be struck to get this project going for next year. (Councillor Trites re-entered the meeting during the above presentation.) On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that Council support the proposal presented by Mr. Sterling Brown for a facelift and the beautification of the Saint John Throughway and surrounding area, and refer the matter to the City Manager to follow through to a committee stage with staff. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. 11. CANTEC - Development Proposal Old General Hospital Property Consideration was given to a Proposal and a Proposal Summary, submitted by CANTEC, for a Saint John New Brunswick Development Program - Phase 1 General Hospital Site, including information on accessing long-term low-cost financing and five options in this regard. Consideration was also given to a letter from Messrs. Peter A.D. Mill and Peter Jardine of CANTEC submitting a summary of the presentation to be made at this meeting containing the essential element of the proposal, together with a graphical review of the options from which the City can choose, including the costs and revenue potential of each option; advising that it is the carefully considered opinion of their health care experts that the market will support a development of the type proposed, with health care apartments designed to offer to the people who need a level of care somewhere between that found when living at home and that delivered by an institution which, to the occupant, would provide independent living in a secure setting; to the City, would mean a broadened tax base; to St. Joseph's Hospital, would mean added income and long-term security; and to the businesses in the Central peninsula, would mean new sources of revenue. Consideration was also given to information on CANTEC's Option 5 for only private sector involvement (copies of which were distributed to Council members at this meeting). 85-18 COMMON COUNCIL DECEMBER 12, 1994 (Councillor Coughlan re-entered the meeting.) Mr. Peter Jardine expressed appreciation for the opportunity to appear again before Council to present some new information on the effort being made by CANTEC in connection with the old General Hospital; expressed the understanding, in reference to a letter of which the Mayor and City Manager received a copy from the present owner, that the present owner does not at this stage want to commit to anyone group over a long term again and get into the kind of problem situation that he felt he got into with Maxim by being tied up, and that the present owner wants to keep his options open which includes the CANTEC proposal as discussed with him; and, with respect to the question of property security in that there are two types of unsafe property - one being unsuitable for entry as with any construction site, for example, new construction, the second being an unsafe structure, advised that it is CANTEC's impression that the Hospital is of the former type, a property which is unsuitable for entry at the moment, which is an issue that can be dealt with relatively easily and one that CANTEC would deal with very quickly once there is a deal in place. Mr. Jardine introduced Mr. John Cathray, a member of the CANTEC health-care team which put together the detailed presentation relating to Option 5 and who, he advised, is particularly well qualified to talk about a property like this and the financial implications associated with it, and noted the presence with CANTEC at the meeting of members of the local professional community interested in working with CANTEC to save this building, including Messrs. George Williamson, Don Estabrooks and Douglas Steen. Through an overhead slide presentation, Mr. Jardine reviewed Option 5, as explained in the above correspondence, to recycle the subject facility as a residential apartment complex that would produce a residency of approximately 160 units with built-in flexibility in some units which would allow them to be subdivided so that in total the building would be expandable to as many as 200 separate living areas. Mr. Jardine read a letter (copies of which were distributed to Council members at this time), for the City Manager's signature, indicating the City of Saint John's interest in discussing further the development of the Saint John General Hospital property as it relates to the possible construction of a new municipal police headquarters and justice complex. Mr. John Cathray, having apprised Council of his business experience, commented on Option 5 and on the economics of the facility, based on a perspective of a unit mix with one bedroom and one bedroom convertibles, two bedroom convertible units and two bedroom conventional units, which indicate a total income for the project of up to $1.4 which is believed to be sufficient to finance this project on a conventional basis, or on a special basis according to the needs of the community. Mr. Peter Mill advised that the purpose of his presentation was to attempt to tie back to the three previous options discussed over past meetings and to focus in on Option 3 because, as indicated with Option 5, housing is a feasible entity as there is an income structure to it and Option 3 involves a whole private sector entity which could be done entirely by the private sector; and asked Council to consider, if attracted by the image of retaining that building for the purposes of helping the retirees and old-age people within the City, an option where the description for Option 5 would fall into the 300 apartments of the central building, with the same logic, financing and plan distributions as has been discussed, with private sector financing and, while a court facility would be eradicated entirely as apparently this is not planned for the site, there is still an option for a police station to be considered there, if desired. Mr. Mill also advised that the $23.63 per square foot indicated in Option 3 is a limit and could be reduced to whatever Council prefers, depending entirely on the quality of space the City would like to have for the facilitation of a Police centre; and, having commented on Options 2 and 1, made the observation that, basically, CANTEC would represent Options 5, 3, 2 and 1, with Option 4 being the City's own presentation for the site being totally cut down and flattened entirely and one which, hopefully, CANTEC can convince the City not to do but to safeguard it for the benefit of the community in a very feasible and economic way. Deputy Mayor McAlary asked why, if CANTEC wishes to undertake a private development on the site as proposed in Option 5, a letter from the City would be requested, and such letter would include reference to the City's interest in a Police headquarters and a justice complex with both levels of government involved, to which Mr. Jardine explained that, while Option 5 is an entirely private sector development, CANTEC is looking for two things in the letter of interest, one being for a stay of 85-19 COMMON COUNCIL DECEMBER 12, 1994 execution on total demolition of the site, the other being to allow CANTEC to indicate to its Board of Directors and others to whom CANTEC must refer that the City is prepared to show some interest in proceeding with a Police station at some point in the future on that site so that CANTEC can plan for it and not fill it up with something else. Members of the delegation responded to Council queries relevant to the manner in which the maintenance cost was projected for a 63,450 square foot police facility and with regard to the assessed value of $25 million on the property; the number of residential units in the initial proposal compared to the number proposed now and the cost of same, and the demand for the type of units proposed; and security of the site. On motion of Councillor Trites Seconded by Councillor A. Vincent RESOLVED that CANTEC be thanked for its proposal on the old General Hospital property, and the proposal be received and filed. Question being taken, the motion was carried. 13. DesiQnation Of Former Red Rose Tea BuildinQ Read a report from the City Manager regarding the October 17 request to Council by Rocca Property Management Inc. for the former Red Rose Tea building (main building only) to be designated under the Preservation Areas By-Law; explaining that this report, separate from the Preservation Review Board report which is on the agenda of this meeting, has been prepared because the City is the owner of the building; and recommending that Council designate the Red Rose Tea building as a Preservation Area under the Saint John Preservation Areas By-Law. 23. Preservation Review Board - Designation Of Former Red Rose Tea BuildinQ Consideration was also given to a report from the Preservation Review Board fully endorsing the request of Rocca Property Management Inc. for preservation area designation of the Red Rose Tea building; submitting a copy of the Board's 1993 assessment report on the historic, architectural and contextual significance of this building, which was provided for prospective developers to use in evaluating the development potential of the building and which, hopefully, will help Council in its deliberations and finding in favour of the designation of the Red Rose Tea building and preserving significant landmark buildings such as this. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the necessary advertising be authorized with regard to the designation of the former Red Rose Tea building under the Preservation Areas By-Law, with the public hearing to be held on January 16, 1995. The initial motion proposed by Councillor Knibb and seconded by Councillor Rogers to adopt the City Manager's recommendation was withdrawn upon the Deputy Mayor's observation that the proposed designation must be advertised and a public hearing held. (Councillors Trites and A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 14. Christmas Leave Policv Read a report from the City Manager advising that the Christmas Leave Policy was quite well received by employees in 1993, with a total of 158 days being taken; submitting a copy of a revised Christmas Leave Policy which Local 61 has advised it supports, in which Local 771 is not interested, Local 18 does not support and Local 486 has included in its recently-adopted 1994-1998 collective agreement; and recommending adoption of the submitted amended Policy. 85-20 COMMON COUNCIL DECEMBER 12, 1994 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council adopt the amended Human Resources Policy Number 128, as submitted, on unpaid Christmas leave. Question being taken, the motion was carried. 15. CN North America's November 17 Letter Re Alteration of CN BridQe - Marsh Creek Consideration was given to a report from the City Manager advising that, further to the letter to Council on November 17 from CN North America regarding alterations of the CN railway bridge located on Marsh Creek in the area of the intersection of Rothesay Avenue and McAllister Drive, staff met with officials from CN who indicated that a revised second method of reconstruction was being considered and that while staff has concerns about the adequacy of either proposal with respect to restrictions in the watercourse of this main branch of the Marsh Creek system and wishes to have the City make a formal objection to the proposed details, it is encouraging to see that CN proposes work on this structure, which is one of the last remaining major obstructions on the Marsh Creek system; suggesting that, as it is unclear if CN North America is required to adhere to the City's Flood Risk Area By-Law if construction takes place, the Legal Department should be requested to research this matter; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, staff be authorized to submit a formal objection to the proposals put forth by CN North America for reconstruction of the railway bridge over Marsh Creek, Mile 83.70, Sussex Subdivision, Saint John, N.B., and that the above report be received and filed. (Councillor Chase withdrew from and Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. 16. Municipal Plan Update Part Four: Transportation On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Council receive Part Four: Transportation, of the Municipal Plan Update, as submitted, make it available for the public and provide input for its finalization. Question being taken, the motion was carried. 17. Offer To Lease Space At City Market Read a report from the City Manager advising that, having received notification from The New Brunswick Museum that it would not be renewing its lease in the Saint John City Market which expires on December 31, staff advertised the availability of Stall "E" commencing January 1, and three offers were received; explaining why staff is recommending the approval of "The Market Studio", owned by Lyn Van Tassel, for the lease of Stall "E"; and submitting a recommendation in this regard. 85-21 COMMON COUNCIL DECEMBER 12, 1994 (Councillor Chase re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the lease be approved between the City of Saint John and Lyn Van Tassel of "The Market Studio", for Stall "E" in the Saint John City Market, for a period of five (5) years (January 16, 1995 - January 15, 2000). Question being taken, the motion was carried. 18. Kennebecasis Bay Subdivision - Phase 5. Reduction of Security On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Kennebecasis Bay Subdivision - Phase 5, Secoudon Drive Extension, be reduced to $6,400 from the existing amount of $29,000. Question being taken, the motion was carried. 19. Submission On Social Security And Post Secondary Education Reform On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting, further to Council's consideration on November 28 of a report on the proposed social security reform issues, a draft of proposed remarks to be made by Mayor Higgins to the Parliamentary Committee; and recommending that Common Council authorize His Worship Mayor Higgins to make these remarks to the Parliamentary Standing Committee on behalf of the citizens of Saint John -- be received and filed and the recommendation adopted. (Councillor Trites re-entered the meeting.) Messrs. Totten and Farren responded to comments put forward by Council members with respect to student loans and "workfare", with note made that these comments would be followed up to ensure that the document reflects the position of Council. Question being taken, the motion was carried. 20. Continuation Of UEDA AQreement Read a report from the City Manager setting out a resolution, further to Council's request of November 28, supporting an extension of the Urban Economic Development Cooperation Agreement Program. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the following resolution be forwarded to the Minister of Municipalities, Culture and Housing, The Honourable Paul Duffie; Mr. Stephen Hutchison, President of Uptown Saint John Inc.; and the Cities of New Brunswick Association, Inc.: WHEREAS the City of Saint John has benefitted through rehabilitation of a significant number of buildings and streetscapes in Uptown Saint John through 85-22 COMMON COUNCIL DECEMBER 12, 1994 financial assistance made available under the Urban Economic Development Cooperation Agreement; and WHEREAS the City of Saint John has been recognized as having the richest collection of turn-of-the-century commercial architecture in Canada and we place great value in rehabilitating these historic buildings which form an integral component of the heart of our City; and WHEREAS this program is coming to an end at just the time when it has gained private sector acceptance and enthusiasm as we come out of the recession with interest rates remaining historically low and the economy continuing to improve: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John urge that the Urban Economic Development Cooperation Agreement Program be extended. Question being taken, the motion was carried. 21. Various Actions Of Council On Taxi Review Committee Recommendations Read a report from the City Solicitor commenting on the various resolutions of Council on recommendations put forth from the Taxi Review Committee, including requests to the Minister of Municipalities, Culture and Housing, on the basis that Council has done everything it is legally able to do to implement the Committee's recommendations; advising that the present Taxi By-Law, in addition to the zoned structure taxi fares of maximum rates, makes provision for a fare structure with taxi meters, if any taxi owner wishes to voluntarily use taxi meters and, from a legal standpoint, under the present law, a taxi owner installing a taxi meter would still be free to charge the passenger less than the amount shown on the meter; re-iterating that any mandatory imposition and control of taxi meters by Council unilaterally, any attempt to disallow taxi owners and operators from charging fares less than maximum rates, and any limits on the number of taxis and licenses, would be held invalid under a by-law enacted under the present provisions of the Municipalities Act; and concluding that, because there has not been a problem with exorbitant taxi fares and thus no need to control maximums, the Cities of Fredericton and Moncton have not enacted any provisions in their by-laws dealing with fares and any taxi meters in the taxi cabs of those Cities are in place on a voluntary basis by the taxi owners. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report from the City Solicitor be received and filed. It was suggested that in view of the resignation of Mr. Norman Herrington as Chairman of the Taxi Review Committee, a letter of appreciation to him would be in order. Question being taken, the motion was carried. 22. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, December 5, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 85-23 COMMON COUNCIL DECEMBER 12, 1994 1. That as recommended by the City Manager, TDL Group Ltd. be advised that the City is not prepared to sell its lands on Raynes Avenue at this time. 2. That as recommended by the City Manager, the following resolution be adopted, namely:- WHEREAS eligible employees from the Fire Department gave notification, in writing, of their desire to voluntarily retire in accordance with the "Workforce Adjustment - Early Retirement Program and Voluntary Separation Program" policy approved by Common Council; AND WHEREAS, as a result of the collective bargaining process and an Industrial Relations Board Order dated June 30, 1994, the City was temporarily unable to adjust its Establishment for the Fire Department and, hence, did not grant early retirement under the policy; AND WHEREAS the Minister of Advanced Education and Labour has released to the parties on November 18, 1994, a notice that he does not deem it advisable to appoint a conciliation board for collective bargaining and, as a result, after fourteen days of its release, the City is no longer restricted "from the implementation of its decision taken January 24, 1994 for the reduction of its Permanent Position Establishment, Protective Services - Fire": BE IT RESOLVED that present employees who made application for the above- noted Early Retirement Program are eligible and hereby granted early retirement in accordance with the policy as follows: eleven (11) personnel effective December 18, 1994; and a further three (3) personnel effective June 30, 1995. December 12, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 22(1). Request To Purchase City-Owned Land Adiacent To Ravnes Avenue On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". 22(2). Establishment Of Permanent Positions Workforce Adiustment ProQram - Fire On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 24. Minister of the Environment Air Qualitv Concerns East Saint John On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Marcelle Mersereau, Minister of the Environment, responding to the November 7 Council resolution with regard to concerns of East Saint John home and 85-24 COMMON COUNCIL DECEMBER 12, 1994 school associations on air quality; and advising that the Department is soon to initiate some new air quality programs in Saint John and elsewhere in the Province, as part of New Brunswick's Clean Air Strategy, and regional air quality management committees will be established which should thoroughly address the information needs and other concerns of the associations or any other concerned groups or individuals -- be received and filed and a copy be forwarded to the Environment Committee and the East Saint John home and school associations. Question being taken, the motion was carried. 25. Saint John Amateur Speed Skating Club Assistance For Outdoor Speed SkatinQ Championship On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from the Saint John Amateur Speed Skating Club requesting the City's assistance in putting on the annual New Brunswick Outdoor Speed Skating Championship and The Charles I. Gorman Reenactment at Lily Lake on January 21, 1995, by preparing the ice, snow removal and the use of the Pavilion -- be referred to the City Manager for consideration. Question being taken, the motion was carried. 26. Dr. A. Tadros' Request For Heritage DesiQnation 147 Manners Sutton Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Dr. A. Tadros asking that his property at 147 Manners Sutton Road, which is a ninety-year old Victorian home, be designated a heritage property -- be referred to the City Manager and the Preservation Review Board. Question being taken, the motion was carried. 27. Cities of New Brunswick Association Invoice For 1995 Membership Dues On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that the letter from Cities of New Brunswick Association, Inc., to Mayor Higgins, regarding the agreement at the November 24 Board meeting that two invoices for the 1995 Association membership dues should be sent to each City, the first invoice covering 75% of the 1995 dues and the second invoice to be sent on June 1 to cover the balance of the dues, pending a decision of the City of Miramichi on joining the Association in 1995; and submitting the City of Saint John's first invoice in the amount of $14,580 for 75% of the 1995 membership dues -- be received and filed and authority be granted for payment of the submitted invoice. Question being taken, the motion was carried. 28. Cities of New Brunswick Association Resolution Submission To Winter MeetinQ On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the memorandum from the Cities of New Brunswick Association, Inc., advising that the deadline for submitting resolutions to the Association's 1995 Winter Meeting is January 6 -- be referred to the City Manager. 85-25 COMMON COUNCIL DECEMBER 12, 1994 It was noted that the above motion with regard to the continuation of the UEDA Agreement would be submitted to the Cities of New Brunswick Association. Question being taken, the motion was carried. 29. David M. Lunney Infill HousinQ ProQram On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. David M. Lunney suggesting that consideration should be given to reviewing the infill housing program as many people are willing to move back to the City proper and this program could be a very positive force in making residential units available -- be received and filed and Mr. Lunney be thanked for his letter. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk