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1995-02-20_Minutes 85-117 COMMON COUNCIL FEBRUARY 20. 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of February, AD. 1995, at 4:00 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; B. Morrison, Director of Parks; J. Baird - Manager - Development Division, Planning; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; P. Asimakos, Planner; R. Russell, Manager, Venue Saint John; J. Mcintyre, Manager of Industrial relations, Human Resources; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. L. Lockhart, Planning Department; 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on February 13, 1995, be approved. Councillor Knibb, referring to the matter of surplus land on Partridge Island which was discussed under item 18 at the last meeting, reiterated his suggestion that, should Parks Canada not take control of the property from Transport Canada, Common Council should take an active part in acquiring Partridge Island. Question being taken, the motion was carried. 3. Mayor's Remarks Deputy Mayor McAlary noted that this date marks the occasion of Heritage Day in the City of Saint John. HeritaQe Award Winners Mr. Bezanson, through a slide presentation depicting Award winners and projects, announced the 1995 Heritage Award winners as follows:- (1) Fred Miller, in the Scholarship Historical Research Category, in recognition of his ongoing dedication to historical research through a collection of historic photographs and the organization of West Side Days; (2) Dominic Eden, in the Heritage Advocate Category, as an advocate of heritage preservation and neighbourhood planning in the South End, particularly on Horsfield Street (not present); (3) Uptown Saint John Inc., in the Awareness/Publication Category, as a result of ongoing coverage in its publications, Uptown & Around, which has expanded the awareness of the role that heritage plays in the social and economic life of Saint John; (4) Raymond French and Jill Whitehouse, in the Residential Rehabilitation/lnfill Building Category, as a result of the construction 85-118 COMMON COUNCIL FEBRUARY 20,1995 of a two-unit infill building at 135-137 Orange Street; (5) Paul Grannan, in the Commercial/Storefront Rehabilitation Category, in recognition of the sensitive rehabilitation of 33 Canterbury Street; and (6) Imperial Theatre Board of Directors, in the Civic Building Rehabilitation Category, for the restoration of the Imperial Theatre and, in particular, the auditorium space. Mrs. Linda Lockhart, Recording Secretary for the Preservation Review Board, introduced the 1994 Award Winners represented at the meeting who accepted their Awards from Deputy Mayor McAlary, with David O'Toole accepting on behalf of Fred Miller, Stephen Hutchison accepting on behalf of Uptown Saint John Inc., Raymond French accepting on behalf of him and Ms. Whitehouse, and Don Wishart accepting on behalf of the Imperial Theatre Board of Directors. With regard to the Heritage Day Photo Contest, awards were presented to the following winners:- (1) Trina Maguire, a grade 9 student at Bayside Junior High School, first prize winner, and Jillian Holden, grade 6 student at Morna Heights School, second place winner, in Children's Category Grades 6 to 12; and (2) Avis Forester, first prize winner, and Frances Hunt, second prize winner, in the Adult Category. (Councillor Chase entered the meeting.) Deputy Mayor McAlary proclaimed February 19 to 26 as Heritage Week, and February 20 as Heritage Day; and February 19-25 as Scout and Guide Week, in the City of Saint John; and commended those involved in the Skate With The Flames fund-raising event. Deputy Mayor McAlary extended best wishes for success to Patrick Kevin Forbes who is representing the City of Saint John in gymnastics in the Canada Winter Olympic Games, and expressed condolence to him, and his family, on the death of his 19-year old brother, Gregory W. Forbes, on February 18. 4. Public Meeting To Examine City's Goals For DeleQations To Federal & Provincial Governments Consideration was given to a letter from Councillor M. Vincent regarding his reference at the last meeting to a call for a public meeting with Council for the purpose of examining the City's goals included in the Strategic Plan and any other visionary planning required, and to provide an opportunity for organizations and individuals with vested interests to meet with Council and give input as to their thinking on the development of concepts, programs and efforts respecting the present and future of the City; suggesting that representation at such a meeting should include, but not be limited to, the Board of Trade, Enterprise Saint John, Uptown Saint John Inc., the Saint John District Labour Council, management from the larger industries and professions such as NB Tel, Irving Oil, the Sugar Refinery, the hotel industry, the City's Tourism Department, banking and educational institutions; referring to Council's recent agreement to enhance the letter-writing process to that of actual visitations to the Provincial and Federal levels of government on the basis that this should not be altered or changed in view of the proposal contained herein but rather the results of the proposal would run in conjunction with any actions Council takes and should broaden the range of scope by providing resources and knowledge which should enhance any Council endeavour; and proposing a motion in this regard. Councillor M. Vincent, in reading the above letter, suggested the inclusion of the Saint John Construction Association and Fundy Region Mayors in the proposed meeting to determine the direction Saint John should take in its presentations to Fredericton and Ottawa. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that Common Council approve the content of the above document and it be referred to the City Manager to develop the proposal leading to the resulting meeting or meetings, and that the Deputy Mayor, in conjunction with the members of Common Council, provide the leadership at the assembly meeting/s and that invitations go to representatives of the agencies listed and any other organizations, agencies or individuals that other members of Common Council may deem desirable to be present; and that consideration be given to a meeting location, date and time, with the City Manager to report to the Deputy Mayor and Common Council within a thirty-day period. 85-119 COMMON COUNCIL FEBRUARY 20. 1995 During discussion the need for an update on the status of the City's actions on the Goals For Saint John was suggested, as was the inclusion of Centre Scolaire-Communautaire Samuel-de-Champlain at the proposed public meeting. Question being taken, the motion was carried. 5. ProQress Payment City Market Ventilation System On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract - PC101268 J.E. Wilson Roofing Co. Ltd. Ventilation system, City Market Original contract amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated February 13, 1995 $ 19,942.00 21,288.06 Nil 17,189.55 $ 4,098.51 Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- Question being taken, the motion was carried. 6. ProQress Payments Contracts 93-14.94-20.94-17 On motion of Councillor Knibb 1. Contract 93-14, Sealing 900 mm Watermain Joints Miller Utility Services Ltd. Original estimated value of work Total work done, Estimate Number Three Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Three, dated February 14, 1995 Final holdback release 2. Contract 94-20 Garden Street Intersection Classic Construction Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Two, dated February 13, 1995 Final holdback release on completed portion of contract $ 33,114.00 87,662.30 Nil 74,512.95 13,149.35 860.24 $13,149.35 $264,877.40 256,583.05 Nil 207,736.17 48,846.88 3,195.59 $ 48,846.88 85-120 COMMON COUNCIL FEBRUARY 20,1995 3. Contract 94-17, Rayland Street - Loch Lomond Road Water & Sewer Construction Fairville Construction Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Two, dated February 13, 1995 Partial holdback release. $186,289.00 174,769.56 1,000.00 141,771.50 31,998.06 2,093.33 $ 31,998.06 Question being taken, the motion was carried. 7. Tender For Asphaltic Concrete Mixes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Standard Paving Maritime Ltd. be accepted for the supply of asphaltic concrete mixes for a period ending December 31, 1995, at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried. 8. Tender For Traffic Paint On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the City of Saint John join with the City of Fredericton in accepting the tender of Ibis Products Ltd. for the supply of traffic paint, as per the submitted bid summary. Question being taken, the motion was carried. 9. Proposal For Paintball Field 3241 Martinon By-Pass Consideration was given to a report from the City Manager regarding the proposal of Mr. Kim Rinehart of Excellent Adventures Ltd. for a paintball field in the area of the Martinon By-Pass on Henderson Lake Road, further to that tabled at Council's meeting of December 19, 1994. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager regarding the proposal of Excellent Adventures Ltd. to relocate the existing commercial paintball field from the Lorneville area to land in the Martinon By-Pass area on Henderson Lake Road; advising that a final determination has been received in writing from the Province indicating that the Department of Transportation will not approve street access at this location, with safety being the concern as the proposed development is a commercial development and a safe access to allimited access highway is required, which means that the proposed use cannot have access to the highway at this location -- be received and filed and Mr. Rinehart be informed of the Province's decision. Mr. Totten made the observation that, while staff would certainly welcome the facility in question in the City of Saint John in recognition that this is a growing recreation activity, the issue is access to that particular location; and Mr. Bedford explained that the issue in question is site specific and, if an appropriate 85-121 COMMON COUNCIL FEBRUARY 20. 1995 access could be identified that meets the site line criteria and a street built acceptable to the Province, an alternative road could be provided, and advised that staff would be willing to meet again with Mr. Rinehart to discuss possible alternative sites. Question being taken, the motion was carried. 10. Municipal Plan Amendment And Re-ZoninQ 135 McAllister Drive Consideration was given to a report from the City Manager advising that, further to the January 16 Council meeting at which the application of Exhibition Plaza Inc. for a Municipal Plan amendment and re-zoning of 135 McAllister Drive was referred to the Planning Advisory Committee and authorized for advertising with a March 13 public hearing, the submitted letter was received from Exhibition Plaza Inc. requesting that the public hearing be postponed two weeks to March 27; also advising that, if Council was to agree with the applicant's request, it would be possible to place a revised advertisement in the February 28 and March 21 issues of the newspaper to meet statutory notice requirements for a March 27 public hearing; 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, Common Council reschedule the public hearing for a proposed Municipal Plan amendment and re-zoning of 135 McAllister Drive to March 27, 1995, and accept the applicant's offer to reimburse the City for advertising costs. Question being taken, the motion was carried. 11. Rockwood Park Golf Course Consideration was given to a report from the City Manager reviewing the background relevant to the Rockwood Park Golf Course and Aquatic Driving Range subsequent to Common Council resolution of February 21, 1994 authorizing a proposal call for their private operation; and submitting Appendices A - a financial analysis of the proposals of Contemporary Leisure Canada Inc. and Gerry Connolly, including a comparison against the City's historic record for the past five years; B - the (a) Connolly Response and (b) Contemporary Leisure Response to the City's request for additional information; C - the original Connolly proposal; D - the original Contemporary Leisure Canada Inc. proposal; and D - a response to concerns expressed by Local 18 and Golf 2000. The report advises that all information has been compared against certain criteria which staff believes is important to the taxpayers of the community, including (1) a five-year contract; (2) a performance guarantee; (3) escape clauses; (4) Golf Course management experience; (5) financial ability; and (6) financial analysis of the proposal, including revenues and expenditures; states the reasons why staff is recommending the acceptance of the proposal from Contemporary Leisure Canada Inc. for the operations of the Rockwood Park Golf Course and Aquatic Driving Range; and recommends that (1) staff be authorized to attempt to negotiate a contract for the management of the Rockwood Park Golf Course and Aquatic Driving Range with Contemporary Leisure Canada Inc.; and (2) staff report back to Council with the terms of the contract for input and approval. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that staff be authorized to negotiate a contract with Gerry Connolly for the operation of the Rockwood Park Golf Course. During discussion, Council members spoke in turn on the above motion, with Councillor Knibb expressing support for the Connolly proposal for the reason that, unlike the Contemporary Leisure Canada proposal, it does not require a subsidy and, as it is a local company, would be better able to operate the Golf Course as it has a better knowledge of local conditions; Councillor A. Vincent advising that he is opposed 85-122 COMMON COUNCIL FEBRUARY 20,1995 to giving the Golf Course to a private company, and questioning the need, in the off- season, of having staff on the payroll for the Golf Course and Golf Course equipment being repaired; Councillor Chase expressing the view that, while the City should retain ownership of the Golf Course, it does not belong in the management of it, and its administration must be placed in the private sector, and the Connolly proposal for the management of the Rockwood Park Golf Course is the best business decision, providing for membership fees, with no subsidy nor management fee; Councillor M. Vincent speaking in favour of a commission form of operation for the Golf Course; Councillor Trites speaking in support of the Connolly proposal on the basis that it will mean no staff lay-offs as the people who currently work at the Golf Course are guaranteed job security with the City, is financially independent of subsidy, continues to offer the services to the regular members that are currently offered, will enhance the junior development program, involves the local initiative that is so important to this Golf Course, and, in response to a series of questions sent by staff in January or late December, provides an extensive, broken down into a month-by-month, budgetary analysis from now until the year 2000, while the response from Contemporary Leisure Canada is one and a half pages and, in his view, does not add a lot to its initial proposal; Councillor Gould speaking against the privatization of the Golf Course; Councillor Coughlan advising his support for the motion on the clear understanding that Council will undertake to assure the citizens that the Golf Course will be operated in a manner financially so that any member of the community can golf there similarly as they can now, and that the negotiated contract will be submitted to Council for approval; Deputy Mayor McAlary asking why one company would need a subsidy while the other company would not, and expressing support for the Golf Course continuing at this time as a public course, maintained and operated by the City of Saint John; and Councillor Rogers expressing the view that both proposals have merits but that the key question is whether privatization of the Golf Course should take place. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Gould, A. Vincent and M. Vincent voting "nay". Following a brief recess, the Council meeting reconvened. (Councillors Chase, Coughlan and M. Vincent withdrew from the meeting during the recess.) 12. Municipal Plan Amendment And Re-ZoninQ 327 Charlotte Street Read a letter from the Common Clerk advising that, further to the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Willard C. Trites has been completed and the required waiting period for objections expired on February 15, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Willard C. Trites for a Municipal Plan amendment and re-zoning of 327 Charlotte Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 10, 1995. Question being taken, the motion was carried. 13. (a) Municipal Plan Amendment And (b) Re-ZoninQ 293-309 Lancaster Avenue 13{a). On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the 85-123 COMMON COUNCIL FEBRUARY 20. 1995 Future Land Use Plan, a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399, 336384, 55042279, 55042287 and 32755), from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 13{b). On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-362 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 293-309 Lancaster Avenue (NBGIC Numbers 33399,36384,55042279,55042287 and 32755), from "B-1" Local Business and "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property to a funeral home and related facilities, including offices, team room and florist/gift shop. The by-law entitled, "By-Law Number C.P. 100-362 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 14. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on January 30, 1995, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That a grant of $25,000 over a three-year period in payments of $5,000, $10,000 and $10,000 be approved for the Rotary Club of Saint John's Pedway Project at the Saint John Regional Hospital. February 20, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1 Grant Rotary Club Pedway Project On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillors Coughlan and M. Vincent re-entered the meeting.) Question being taken, the motion was carried. 85-124 COMMON COUNCIL FEBRUARY 20,1995 15. 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 February 6, 1995, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That funding in the amount of $90,000 be provided to the Saint John Trade and Convention Centre relative to the Centre's 1994 operations. February 20, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1 FundinQ For Trade And Convention Centre On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 16. New Brunswick Branch United Nations Association In Canada - UNA Anniversarv On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the New Brunswick Branch of the United Nations Association In Canada, advising that the year 1995 is being observed as the 50th Anniversary of the United Nations Association; and inviting Council to participate in International Women's Day on March 8 by utilizing the concept of nominating a deserving candidate for a certificate of appreciation -- be referred to the Nominating Committee. The motion initially proposed by Councillor Knibb and seconded by Councillor Coughlan was to receive and file the above letter, noting that nominations can be made, and to nominate Doreen Hamilton, President of the New Brunswick Historical Society, and Pauline Flewelling, President of the Animal Rescue League, for certificates of appreciation; such motion subsequently changed to that above following the Deputy Mayor's suggestion that the matter should be referred to the Nominating Committee, which is expected to meet next Monday, for a recommendation to Council. Question being taken, the motion was carried. 17. Imperial Theatre Inc. - City Nominations To Board Of Directors On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Imperial Theatre Inc., requesting the City's nominees to the Board of Directors for up to 85-125 COMMON COUNCIL FEBRUARY 20. 1995 three positions; and suggesting that, if the time of this request for City nominees is inappropriate, Council could consider ratifying Messrs. B. Cormier (City Cultural Affairs Officer) and Councillor Dennis Knibb for 1995-96 and then diarize this matter for the normal City committee appointment process in December 1995 or January 1996 -- be referred to the Nominating Committee. Question being taken, the motion was carried. 18. Kennebecasis Rowing & Canoe Club Inc. Committee Re Ross Memorial Race On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Kennebecasis Rowing & Canoe Club Inc. advising that the terms of a Deed of Gift made August 21, 1921 by Lewden R. Ross in favour of the City of Saint John have been altered to provide that the Ross Memorial Race and associated funding shall be administered by a committee of three: the Mayor Saint John, the President of the Kennebecasis Rowing and Canoe Club and a third to be selected by these two; and also advising that, if the President's selection of the nomination of Lou Duffley of 90 Beauvista Street in Renforth is acceptable to the Mayor, the Committee can meet at an early date with plans for the 1995 rowing season and the future -- be received and filed and Lou Duffley's nominating be accepted. Question being taken, the motion was carried. 19. Victoria Film Services Limited Application For Amendment To Section 39 Conditions Of Re-ZoninQ 55 Bentley Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Victoria Film Services Limited for an amendment to the Section 39 conditions of re-zoning of 55 Bentley Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 10, 1995. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Councillor A. Vincent questioned a private meeting that took place with Saint John Cabinet Minister Barry to which certain Councillors who live in a certain part of the City were invited, to which Councillor Coughlan responded on the basis of his attendance at the meeting at the invitation of a West Side group which was concerned about the Infrastructure Program, and his suggestion for the group to meet on this date with the City Manager, the City Solicitor and members of Council; and Deputy Mayor McAlary advised that, while she agrees that it is important to have the Western Beaches Preservation Society, ACAP Saint John, and the Duck Cove residents in to meet as was discussed at a recent Council meeting, all City departments could not be represented at a meeting on this date which is why she contacted Michael Richard, President of the Western Beaches group, and Dan Dineen from Duck Cove to change the meeting to another time, a date for which Council will discuss in Committee of the Whole later this date. 85-126 COMMON COUNCIL FEBRUARY 20,1995 (Councillor Chase withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk