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1995-04-24_Minutes 89-197 COMMON COUNCIL APRIL 24, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of April, A.D. 1995, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Knibb, McAlary, Rogers, 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; W. Butler, Commissioner of Community Services; J. Baird, Manager - Development Division, Planning; B. Malone, Planner; G. Tait, Fire Chief; Police Sergeant J. Robertson; 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 Reverend Lloyd Lake, a retired Anglican clergyman, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on Tuesday, April 18, 1995, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Text Amendment To Add New Zone "Townhouse" The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to (a) add a new zone as Section 240 titled "Townhouse (TH)"; (b) amend Section 20 by adding a definition of "one-family townhouse" and "grouped one-family townhouse"; (c) amend Section 30(1) by adding "townhouse...TH"; and (d) amend Section 30(2) by adding "TH", to establish a new zone specifically for townhouse developments fronting on either public streets or grouped with private means of access, and that no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 19 meeting at which Mr. R. Turner, while supporting the proposed amendment, asked that the lot width (unit width) standard be reduced from the proposed 6 metres to 5 metres; and recommending that the City of Saint John Zoning By-Law be amended by:- 1. Adding the submitted Section 240 "Townhouse (TH)", immediately following the existing section 230; 2. Adding to Section 20 Definitions, the submitted definition for "one-family townhouse" (to follow immediately after the existing definition of "motel"), and the submitted definition for "grouped one-family townhouse" (to follow immediately after the existing definition of "group home"); 3. Adding to Section 30(1), immediately following "one- and two-family residential ... R-2": "townhouse TH"; 4. Adding "TH" to Section 30(2), immediately following "R-2". 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 to add a new zone titled "Townhouse (TH)", 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. 89-198 COMMON COUNCIL APRIL 24, 1995 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John to add a new zone titled "Townhouse (TH)", 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. 4. Municipal Plan Amendment 327 Charlotte Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a lot containing approximately 2500 square feet and located at 327 Charlotte Street (NBGIC Number 2279), from Medium Density Residential to District Centre Commercial classification, to permit re-zoning of the subject lot from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, so that it may be used for a bottle exchange, as requested by Willard C. Trites. 5. Street Closing By-Law Amendment Portion of Bayside Drive The Common Clerk advised that the necessary advertising was completed with respect to a proposed amendment to the Street Closing By-Law to closing a portion of Bayside Drive, and that no written objections were received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Bayside Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Bayside Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 8. Mayor's Remarks Mayor Higgins proclaimed May 1995 as Salvation Army Month, April 23-29 as Volunteer Recognition Week, and April 26-30 as Kids Sense Week in the City of Saint John. Councillor Coughlan commented on the Cities of New Brunswick Association meeting held in Bathurst on the past weekend. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend condolences to Mayor Harry Baikie of Happy Valley-Goose Bay, Labrador, on the death of his wife; and to the family of the late Mr. (Jack) John D. Kidd, who passed away on 89-199 COMMON COUNCIL APRIL 24, 1995 April 20. Question being taken, the motion was carried. Deputy Mayor McAlary expressed condolences to the family of the late Mr. Stuart Trueman, who passed away on April 23; and noted that his son, Mr. Mac Trueman, a news reporter with The Evening Times Globe newspaper, covers the Common Council meetings. On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Mr. Stuart Trueman. Question being taken, the motion was carried. 9. Public Relations Trailer 25 Red Head Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that Irving officials determined, at the April 6 public meeting on the matter of the Irving lagoon at 800 Bayside Drive, that they would set up a public relations trailer that would be easily accessible to residents, and an office trailer was recently placed on a residentially-zoned property located on an adjacent parcel of land on the south side of 25 Red Head Road; however, as this was done in error, the trailer has now been relocated to property, as shown on the submitted plan, which is located in an "1-2" Heavy Industrial zone in which a trailer is a permitted use -- be received and filed. Question being taken, the motion was carried. 10. Tender For Demolition Of 242 Waterloo Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Galbraith Construction Ltd., in the amount of $3,477.50, be accepted for the demolition of the building located at 242 Waterloo Street (NBGIC Number 13466). Question being taken, the motion was carried. 11. Proposal For Inspection & Testing Services For Portland Cement And Asphaltic Concrete On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the firms of (1) Jacques Whitford and Associates Limited be engaged for Portland cement concrete testing services; and (2) ADI Limited be retained for testing and inspection of asphaltic concrete for the years 1995 and 1996. Question being taken, the motion was carried. 12. Traffic By-Law Amendment ParkinQ On Charles Street Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Charles Street, Council having given first and second readings at its April 18 meeting. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Charles Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On 89-200 COMMON COUNCIL APRIL 24, 1995 Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 13. 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, April 3, 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 as recommended by the Nominating Committee, Dorothy Dawson be appointed to the ROCKWOOD PARK ADVISORY BOARD for the current year, replacing Raymond Richards. April 24, 1995, Saint John, N.B. (sgd.) Respectfully submitted, Shirley McAlary, C h air man. 13.1. Appointment To Rockwood Park Advisory Board On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. 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 April 10, 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 as recommended by the City Manager, the City of Saint John formally advise Revenue Properties Ltd. that the City wishes to act upon Clause 18 of the existing lease for the City Hall complex and renew the lease for a further 10 years. Respectfully submitted, Shirley McAlary, C h air man. April 24, 1995, Saint John, N.B. (sgd.) 14.1. City Hall Lease 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. Mr. Totten advised that the terms and conditions of the above-mentioned lease are such that the cost to the City of Saint John for the year 1996 to the year 2006 will be fixed at the level that exists in the current year, albeit the City's commitment to utilize the same amount of space in the City Hall building is also fixed; and expressed the opinion that the renewal represents a commitment to the Uptown core as it is important that municipal government continues to be located in this complex in conjunction with the other buildings in the pedway system; and, during Councillor A. Vincent comments on his previous request for 89-201 COMMON COUNCIL APRIL 24, 1995 the City Manager to submit for Council's consideration a lease back purchase deal, Councillor Knibb rose on a point of order on the basis that this is a matter of negotiations with Revenue Properties and should not be aired in public and that the motion before Council is only to authorize renewal of the lease, and suggested that Councillor A. Vincent's comments could jeopardize the future wellbeing of the City. The Mayor concurred with Councillor Knibb's point of order and advised Councillor A. Vincent that Council is discussing the renewal of the lease for ten years and that discussion on a lease arrangement and buying the building, or anything involving negotiations, would best be left for Legal Session or Committee of the Whole as it involves financial negotiations; however, questions can be asked with reference to the ten-year period in question. Mr. Totten explained that, under the current lease, there is a renewal clause which must be exercised by the City before April 30, 1995 and which sets out in very specific terms under what basis the City can renew the existing lease, and that the base rent for the ten-year period will be fixed at approximately $5 per square foot and an additional operating cost of approximately $9 for a total of $14 per square foot, and that, while there are many proposals and options that could be discussed once the lease is renewed, the City at this time is simply renewing the lease as described in the current lease arrangement. Councillor A. Vincent expressed concern that Council is being asked to consider a renewal option just six days before it must be exercised, to which the Mayor replied on the basis of his knowledge of negotiations with Revenue Properties going back at least a year and that the proposed action is not just something that came up recently but rather is the result of a long, hard, tedious process, much in the way of options. Councillor Knibb suggested, as not being true, Councillor A. Vincent's indication that, while the Mayor seemed to be privileged to meetings with Revenue Properties, Council did not know too much about this matter; and Councillor A. Vincent requested that the Mayor ask Councillor Knibb to withdraw his comment, whereupon the Mayor ruled Councillor Knibb out of order, and Mr. Totten commented on the process undertaken by staff, over the past two or three years, in reviewing the matter of the City Hall building and reporting to Council on the options available. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 6. First NiQht Saint John Inc. Mr. Neil Jacobsen, outgoing President of First Night Saint John Inc., introduced incoming President Colin Whitcomb; and presented the Annual Report of First Night Saint John Inc. for the year ended January 31, 1995, noting the success of First Night's inaugural year to which attendance exceeded projections by about 20%, with 3,600 buttons having been sold and extra buttons donated to organizations around the City, and the resultant minimal surplus in the operating budget. Mr. Jacobsen expressed appreciation to the City for its pledge of $5,000 to the inaugural First Night New Year's Eve celebration on December 31, 1994; and advised that the final instalment of $2,500 is not required because of the surplus in sponsorships and button sales, thus the City's support of First Night in the first year will be limited to $2,500, rather than the maximum of $5,000 as approved last year. Mr. Colin Whitcomb, in reviewing the submitted proposed budget for First Night Saint John for the year ending January 31, 1996, advised that the request to the City for a contribution of $2,500 is the same as last year; however, this year the group is not proposing to ask to come back to Council should it have a deficit as it has confidence that the event will be successful; and also advised that First Night Saint John Inc. has made another agreement with Festival By The Sea to have it manage the First Night New Year's Eve festival again this year, and to approach the City Market Promotions Committee directly to request the City Market merchants to remain open on First Night. Mr. Whitcomb thanked the City, on behalf of the Board of First Night Saint John, for its contribution, and requested that the City contribute $2,500 towards this year's festival. Mr. Whitcomb responded to Council queries with respect to the proposed budget, and introduced Mr. Duane McAfee, Vice President of First Night Saint John Inc.; and Mr. Gary Arthurs, General Manager of Festival By The Sea, as well as of First Night this year. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that a grant of $2,500 be approved for First Night Saint John Inc. as the City's contribution towards First Night 1996. Question being taken, the motion was carried. 7. Harbour Station Commission Messrs. William Nugent, Chairman; and Paul Meier, Secretary-Treasurer, of the Harbour Station Commission, were in attendance at the meeting to present the Commission's Audited Financial Statements as at December 31, 1994; and Mr. Meier, referring to a net 89-202 COMMON COUNCIL APRIL 24, 1995 expenditures comparison for Harbour Station (copies of which were distributed to Council members at this time), made the observation that, while a $662,000 subsidy from the City and net expenditures of $803,000 were projected when the initial budget was prepared, the subsidy required for 1994 from the City is $386,420; and highlighted the Auditor's Report and Financial Statements as at December 31, 1994. In response to Council queries, Mr. Meier advised that, while arrangements vary with the particular contract as to revenue received by Harbour Station on events held in the facility, by and large, in substance, the Commission rents the facility; and commented on forthcoming events to Harbour Station. Mr. Nugent announced that the Harbour Station Commission has entered into an agreement with Mr. Howard Crosley of Edmonton, Alberta, who, at the end of May, will be joining the Commission as the new General Manager of Harbour Station; and, having commented on an exiting problem at the end of the pedway where it joins onto Harbour Station, asked Council to seriously consider funding so that a change to the end of the pedway to allow additional pedestrian traffic to pass more freely can be designed, tendered and constructed by the fall, with the Commission willing to contribute any additional costs over an estimated $300,000 for this project. The Mayor suggested that, as soon as the preliminary figures are in on the cost of the change to the pedway exit, Mr. Nugent should request, through the City Manager, to make a presentation to Council in this regard; and thanked the Commission members for their presentation, and commended Mr. Mike Caddell, who was present at the meeting, for his work on an interim basis as Acting General Manager. On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that the presentation by the Harbour Station Commission of its 1994 Audited Financial Statements be received and filed, and the Commission members be commended. Question being taken, the motion was carried. 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 Tuesday, April 18, 1995, when there were present Mayor Higgins and Councillors Coughlan, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager:- (1) Common Council authorize the following property acquisition as illustrated on the submitted plan, in conjunction with the Western Beaches collector trunk sewer project: Parcel: N Owner: Province of New Brunswick Area: Approximately 6,815 square metres Proposed Purchase Terms: Purchase of an easement for municipal services, over full width of parcel, for $4,650 plus all costs associated with completing the transaction; and (2) Common Council authorize the City Solicitor, or his designate, to commence expropriation proceedings to acquire an easement for municipal services from the owners of Parcel M, as shown on the submitted plan. Respectfully submitted, April 24, 1995, (sgd.) Thomas J. Higgins, Saint John, N.B. C h air man. The Mayor asked Council to consider the portions of section 1 on an individual basis. 15.1 (1) Acquisition Of Parcel N, Province Of New Brunswick Property For Western Beaches Trunk Sewer Proiect On motion of Councillor Knibb 89-203 COMMON COUNCIL APRIL 24, 1995 Seconded by Councillor Rogers RESOLVED that section 1 (1) of the above report be adopted. Question being taken, the motion was carried. 15.1 (2) Expropriation Of Parcel M Western Beaches Trunk Sewer Proiect On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 1 (2) of the above report be adopted. Question being taken, the motion was carried. 16. Saint John Parking Commission Appointment By-Law Enforcement Officer Read a letter from the Saint John Parking Commission requesting Council's approval of a resolution appointing Alan Paul Barrieault a By-Law Enforcement Officer. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Alan Paul Barrieault: 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. 17. Board of Trustees Of City Of Saint John Pension Plan - 1994 Annual Report On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the 1994 Annual Report and the Financial Statements of the Board of Trustees of the City of Saint John Pension Plan be received and filed. Councillor Knibb, Acting Chairman of the Pension Board, noted that the City's Pension Fund has now moved into a favourable position with a 2.3% rate of return on its investments, as well as the Province's enactment of the City's new Pension Act and the fact that the City's Pension Fund is now a mature fund, with a considerable number of pensioners withdrawing from it. Mr. Wilson apprised Council of the manner in which the Pension Fund is managed as a result of the Board's decision to hire specialist managers on the basis that, as the Fund is now a mature fund with the number of retirees increasing and the number of active employees decreasing, the Fund must rely more and more on the performance of its investment managers; compared the 2.3% rate of return to the average fund in Canada in 1994 which actually lost .7%, and also compared the City's position to all other pension funds in Canada as being in the top 7%. Mr. Wilson noted that the Fund's modest surplus at the end of 1994 of $1.3 million represents a substantial change from the end of 1991 when the Fund actually had an unfunded liability of about $8.9 million. Question being taken, the motion was carried. 18. Marc Cyr - Art Festival Invitation On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Marc Cyr of Moncton advising that he is a practicing professional sculptor and received the submitted invitation to participate in the Saint John Art Club's Art Festival; and expressing the view that it is an affront to all artists, both professional and amateur, to be asked to pay to see their work on a wall in public -- be received and filed. Question being taken, the motion was carried. 89-204 COMMON COUNCIL APRIL 24, 1995 19. New Brunswick Lung Association Use Of City's Coat Of Arms On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from the New Brunswick Lung Association requesting permission to carve the City's Coat of Arms into a trophy for the Lung Run in the City in October, such trophy envisioned to be three-tiered with the Canadian and New Brunswick Coats of Arms carved into it -- be received and filed and permission be granted. Question being taken, the motion was carried. 19A.MosherChedore 567 MillidQe Avenue Re-ZoninQ Consideration was given to a letter from Mr. W. S. Reid Chedore of the law firm of Mosher Chedore, solicitors for Jack and Jill Day Care & Kindergarten Ltd. at 567 Millidge Avenue, advising that, further to the application to the City of Saint John by Atlantic Asthma & Allergy Center Inc. for the re-zoning of the property at 567 Millidge Avenue from "IL-1" Neighbourhood Institutional to "B-2" General Business classification to facilitate the establishment of medical offices, Dr. Morgan and/or his company is not purchasing the subject property and Jack and Jill Day Care & Kindergarten Ltd. has entered into an agreement with a new purchaser of the subject property who intends to continue its existing use as a daycare; requesting that Council take whatever steps are available and necessary so that the property maintains its existing "IL-1" Neighbourhood Institutional zoning; and expressing the understanding that the applicant does not object to this request. The Mayor called for a motion to refer the above matter to the City Solicitor. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. W. S. Reid Chedore, solicitors for Jack and Jill Day Care & Kindergarten Ltd., regarding the re-zoning of 567 Millidge Avenue, be referred to the City Solicitor for a report to Council. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk