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1995-05-01_Minutes 85-254 COMMON COUNCIL MAY 1,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of May, AD. 1995, 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; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; J. Baird, Manager - Development Division, Planning; D. Logan, Purchasing Agent; G. Seaman, Land Information Coordinator; S. Lodhi, Manager, Building Maintenance; J. Bezanson, Heritage Planner; J. Morrison, Deputy Fire Chief; J. Hanlon, Fire Department; Police Sergeant C. Haney; 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 M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 24, 1995, be approved. Question being taken, the motion was carried. 3. Seetion 39 Amendment To Re-ZoninQ 40 Broad Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1988 re-zoning of a parcel of land at 40 Broad Street (NBGIC Numbers 315, 323,55041529,55041537,55041545 and 55041552), located between Broad Street and Broadview Avenue, east of Charlotte Street, and having a frontage of approximately 350 feet on Broad Street, approximately 280 feet on Broadview Avenue and approximately 200 feet on Charlotte Street, to permit a revised proposal for the proposed development to have two access driveways on Charlotte Street (the present conditions permit a maximum of one access driveway on Charlotte Street), and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 19 meeting at which Mr. Gary Ruitenberg, on behalf of the applicant, expressed agreement with the staff recommendation; and recommending that Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of a parcel of land located between Broad Street and Broadview Avenue, east of Charlotte Street, having a frontage of approximately 350 feet on Broad Street, approximately 280 feet on Broadview Avenue and approximately 200 feet on Charlotte Street, and being NBGIC Numbers 315,323,55041529,55041537,55041545 and 55041552, by deleting the words "but with only entrance on Charlotte Street" from part (a) of the resolution so that the resolution reads as follows: 85-255 COMMON COUNCIL MAY 1,1995 "a) adopt the proposal for an electrical distributor; b) require that a new concrete curb and sidewalk be developed on the Charlotte Street frontage by the developer; c) require that site landscaping be extended to the street curb; and d) that building and site detail be approved by the Director of Planning prior to issuance of a building permit.". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of a parcel of land located between Broad Street and Broadview Avenue, east of Charlotte Street, having a frontage of approximately 350 feet on Broad Street, approximately 280 feet on Broadview Avenue and approximately 200 feet on Charlotte Street, and being NBGIC Numbers 315,323,55041529, 55041537,55041545 and 55041552, by deleting the words "but with only entrance on Charlotte Street" from part (a) of the resolution so that the resolution reads as follows: "a) adopt the proposal for an electrical distributor; b) require that a new concrete curb and sidewalk be developed on the Charlotte Street frontage by the developer; c) require that site landscaping be extended to the street curb; and d) that building and site detail be approved by the Director of Planning prior to issuance of a building permit.". Question being taken, the motion was carried. 6. Mayor's Remarks Deputy Mayor McAlary extended condolences to the family of the late Mr. William A Watters, a retired foreman of the City's West Side Water Department, who passed away on April 24; and to the family of the late Mr. Walter James Ellis, who passed away on April 28; and proclaimed May 8 as Canada Remembers Day and encouraged citizens to participate in the V-E Day ceremonies on that date, May 12 as Canada Health Day, and Mayas Salvation Army Month in the City of Saint John. Deputy Mayor McAlary noted the joint Federal-Provincial Government announcement of the forthcoming opening of Service New Brunswick in the former Calp's building on Charlotte Street, under the Canada-New Brunswick Cooperation Agreement; congratulated the participants in the New Brunswick Music Festival held the week of April 24 at the Saint John High School; and advised that Environment Canada has responded to Council's letter about the changes in the weather office in Saint John to the effect that Environment Canada officials will be meeting with City staff during the next few months to put into effect anything it can to make it easier for the City of Saint John employees which will be needed in times of difficult weather situations during the winter. Mr. Totten recognized the presence in the Council Chamber of Deputy Fire Chief James Morrison, as well as Mr. James Hanlon, a member of the Saint John Fire Department, who will take over as Deputy Fire Chief upon Mr. Morrison's forthcoming retirement. Mr. Totten advised that Mr. Stephen Bedford, Commissioner of Development Services, has tendered his resignation, and commented on Mr. Bedford's efforts in working for the City and the community during his tenure with the City. Councillor Rogers extended condolences to Mrs. Marion Lewis, retired Director of the Saint John Volunteer Centre, whose husband, Grant, recently passed away. 85-256 COMMON COUNCIL MAY 1,1995 7. Tender For Cars & LiQht Trueks On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for the supply of new cars and light trucks be awarded to the lowest tenderers, in each case, as indicated in the submitted summaries of bids. Question being taken, the motion was carried. 8. Proposal To Partner In Peninsula NeiQhbourhood Plan Consideration was given to a report from the City Manager submitting a recommendation further to Council's receipt on April 10 of Uptown Saint John Inc. 's offer to partner with the City to undertake a neighbourhood planning process for the South End and central residential area of the peninsula. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council endorse the partnership of Community Planning with Uptown Saint John Inc. in the preparation of a neighbourhood plan for the central peninsula and that a detailed planning process be prepared and presented to Common Council. Question being taken, the motion was carried. * Added Item On motion of Councillor A Vincent Seconded by Councillor Coughlan RESOLVED that the City's Telephone Directory (a copy of which was forwarded to Council members as an information item) be added to the agenda of this meeting for consideration as item 17 A Question being taken, the motion was carried. 4. Friends of St. Joseph's Health Care System Mr. J. Esmonde Barry, Chairman of Friends of St. Joseph's, addressed Council on the basis that, during the month of May, civic-minded groups have been encouraged by Action Canada to request appearances before their municipal councils across Canada in a concentrated effort by Canadians to maintain the health care system as it is now known; and asked Council's consideration of the submitted resolution in this regard. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the following resolution be adopted, namely:- "WHEREAS Canadians from every walk of life support the right of all citizens to have access to medical care regardless of financial means or physical location; and WHEREAS Canadians created the present Medicare system guaranteeing that right; and 85-257 COMMON COUNCIL MAY 1,1995 WHEREAS Canadians consider their health care system - universal, portable, publicly-funded, accessible and comprehensive - as a significant defining feature of what it is to be a Canadian; and WHEREAS Jean Chretien and the Liberal Party of Canada promised in their election platform Red Book that 'A Liberal Government will not withdraw from, nor abandon, the health care field; and WHEREAS the Chretien Government in its last budget indicates it will circumvent the promise of health care by means of adopting block funding legislation (the Canada Health and Social Transfer) and intends to cut the level of transfers by about 40% by fiscal 1997; and WHEREAS the Federal Government's circumvention of a secure health care system will result in further deterioration of medical care resulting in a two-tier system, lost jobs, more downsizing and downgrading of health care facilities in the community and an erosion of the quality of life in the Greater Saint John area: THEREFORE BE IT RESOLVED that Saint John Common Council, on behalf of all citizens, including dedicated health care professionals, call on the Federal Government to reconsider its decision to transfer authority for health care decisions to the provinces; and BE IT FURTHER RESOLVED that Saint John Common Council call on the Federal Government to reverse the proposed reductions to Medicare, as well as education and social assistance, and make a commitment to maintaining the present funding levels; and BE IT FURTHER RESOLVED that Saint John Common Council forward a copy of this resolution to Health and Community Services Minister Russell King asking him to join other provincial health ministers in continuing to pressure the Federal Government on behalf of all citizens to reinstate the present method of Federal health financing.": AND FURTHER that a copy of the above resolution be forwarded to the Federation of Canadian Municipalities. The mover and seconder of the proposed motion concurred with Deputy Mayor McAlary's suggestion that a copy of the resolution should be forwarded to the Federation of Canadian Municipalities, and the Deputy Mayor thanked Mr. Barry and the members of his accompanying delegation for their attendance at this meeting. Question being taken, the motion was carried. 9. Hillerest Village Subdivision Reduetion Of Seeurity Amount On motion of Councillor Rogers Seconded by Councillor Knibb 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 Hillcrest Village Inc. subdivision Phase I be reduced to $17,500 from the existing amount of $51,000. Question being taken, the motion was carried. 10. Roadway Lieense From CNR WideninQ Of Station Street Read a report from the City Manager advising that, with the completion of the construction of Station Street with respect to Harbour Station, the Canadian National Railway Company has requested to enter into a license agreement with the City for the approximately 1,663 square metres of land owned by the Company and 85-258 COMMON COUNCIL MAY 1,1995 that, while the current City policy is that public streets are to be located on public land dedicated as public streets, in this case, the license which CNR is prepared to grant is an interim measure until such time as CNR and the City can reach agreement on the purchase of this land by the City; 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, the Mayor and Common Clerk be authorized to execute a roadway license agreement with the Canadian National Railway Company for approximately 1,663 square metres of land occupied by Station Street subject to the following conditions:- (a) the term of the license agreement to commence June 1, 1993 and continue in effect until terminated; (b) the annual fee for each of the first five years to be $1,000 plus applicable taxes; (c) the annual fee for subsequent years to be as mutually agreed to and approved by Common Council; and (d) termination be upon 90 days notice from either party; and further that staff be authorized to continue negotiations with the Canadian National Railway Company for the acquisition of the land. Question being taken, the motion was carried. 11. Publie Utility Easement 159-175 MeAllister Drive Consideration was given to a report from the City Manager referring to the October 18, 1993 re-zoning of 159-175 McAllister Drive pursuant to a Section 39 resolution requiring that the site be developed in accordance with detailed site and drainage plans and that all public utilities be located underground; advising that, although the original staff report required underground utility servicing, it neglected to provide assent for the necessary public utility easement(s); explaining that, while utility easements are normally considered by the Planning Advisory Committee prior to Council's assent as part of the other development approvals, the Community Planning Act does not require Committee consideration and that, given the nature of this application, Committee involvement was not considered necessary; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced subdivision plan of the 6-metre (20-foot) wide public utility easement, as well as any future necessary municipal services or public utility easements, with respect to 159-175 McAllister Drive. Question being taken, the motion was carried. 12. Aequisition Of Statutory Right-Of-Way Canadian Paeifie Limited For Western Colleetor Trunk Sewer Proieet On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of Canadian Pacific Limited's freehold and statutory interests in the following parcels with regard to the Western collector trunk sewer project, for the terms indicated:- (1) the acquisition of Canadian Pacific Limited's statutory interests in the Shoreline Subdivision from Point A to Sea Street, as shown on the submitted Plan 3, for $3,000 per acres plus legal and survey costs; and (2) the acquisition of Canadian Pacific Limited's freehold interest associated with Parcel R, as shown on the submitted Plan 4, for the sum of $3,000 per acre not exceeding 4 acres; and the Mayor and Common Clerk be authorized to execute all documents related to this transaction. 85-259 COMMON COUNCIL MAY 1,1995 Question being taken, the motion was carried. 13. Renewal Of Agreement With Y's Men Lily Lake Pavilion. Roekwood Park On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council grant a one-year renewal to the current agreement with the Y's Men and the Saint John YM-YWCA to operate the canteen facilities in Rockwood Park and authorize the Mayor and Common Clerk to execute the necessary documents. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 14. Pension Inereases Consideration was given to a report from the City Manager advising that one of the amendments to the City of Saint John Pension Act, approved by the Legislature on May 12, 1994, increased pensions to retirees in varying amounts, depending upon their year of retirement and that five individuals, having retired on disability under the Heart & Lung Act, received increases without proper authority as article 2(2) of the Heart & Lung Act provides that any member who became disabled without having acquired fifteen years of service would have their entire disability paid by the City of Saint John, not the City of Saint John Pension Plan. The report also advises that, while it was the City's intention to provide increases to all retirees on May 12, 1994, it would now be appropriate to formalize what has already been done by approving the increases in annual pensions to the individuals named herein effective May 12, 1994; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the annual pensions being paid to Doris French, Norman Clark, Grace Lawson and AW.C. Robertson be increased by $1,000 and to Murray L. McCauley by $650 effective May 12, 1994. Mr. Wilson, Treasurer of the Pension Board, explained that, while the above-named persons were given increases without the proper authority, it was the intention that everybody was to get increases and Council's formal approval is now requested for the increases to be given based on the year actually retired or were eligible for disability. Mr. Rodgers, in response to Councillor Gould's query on the status of the interpretation of the Heart and Lung Act as it pertains to determining the spouses' benefit on the death of the contributor, advised that he has now satisfied himself that the recent amendment to the Municipalities Act that was passed at the Fall Session of the Legislature, dealing with pensions for municipalities, will allow the municipality, itself, to pass the appropriate resolutions because such resolutions do not just involve the retired fire fighters, but other City Hall employees who are also involved in pension legislation that needs to be resolved; so, with the amendment to the Municipalities Act in place, he will be submitting the appropriate resolutions for Council's consideration in the next two weeks. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 15. Summer Career Plaeements '95 Read a report from the City Manager advising that the City of Saint John is able to proceed, and the Executive of Local 486 concurs, with, the following positions 85-260 COMMON COUNCIL MAY 1,1995 under Career Placements '95 Program, a Federal subsidy program for summer student employment: 1 Simon Says Director, 1 Environmental Specialist, 4 Programmers (Playground), 1 Day Camp Director/Coordinator, 1 Lifeguard/Swimming Instructor, 1 Outdoor Specialist/Assistant Director, 5 Integration Leaders, and 5 Programmers, all in the Recreation Department; also advising that the program will provide a subsidy of $4.25 per hour per job and individual departmental budgets will cover the difference between the subsidized amount and the graduated wage schedule established for summer student employment; 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, the Mayor and Common Clerk be authorized to execute the necessary application/agreements for the Summer Career Placements '95 Program, for submission to Employment and Immigration Canada by May 2, 1995. Question being taken, the motion was carried. 16. 9-1-1 Civie Address Program - Street Name ChanQes & NaminQ Of Un-Named Roadways Consideration was given to a report from the City Manager referring to the indication in his report to Council on October 3, 1994 on the 9-1-1 Civic Address Program that, in some cases, existing street names and streets without names would require name changes and naming; advising that the following three categories of street naming changes have been identified by staff: Amalgamation, Duplicate Street Name Changes and Un-named Roadways; and recommending the adoption of the streets named herein. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council adopt the following As "Official Street Names": CATEGORY A: Amalgamation Albert Street West Charles Street West Charlotte Street West Clifton Street West Duke Street West Essex Street West First Street West Germain Street West Hillcrest Road West Jacks Road West King Street West Main Street West Queen Street West Orange Street West Prospect Street West Riverview Avenue West St. James Street West Summer Street West Victoria Street West Harding Street West CATEGORY B: Duplicate Street Name Changes i) Pine Avenue between Sand Cove Road and Sherbrooke Street be renamed Sherbrooke Street. ii) Simms Street between Bleury Street and the Saint John Throughway be 85-261 COMMON COUNCIL MAY 1,1995 renamed Simms Court. iii) Germain Street between Lancaster Street and City Line be renamed Woodville Road. iv) Raynes Avenue between Catherwood Street and Main Street West be renamed Fairville Boulevard. v) Minnette Street be renamed Queen Street West. vi) Raynes Beach Road be renamed Tippett Drive. vii) That portion of Harding Street between Fairville Boulevard and the Saint John Throughway be renamed Beaver Court. viii) That portion of Harding Street between Sherbrooke Street and Molsen Avenue be renamed Benji Lane. CATEGORY C: Un-named Roadways Internal Reference Suggested Name TMP 1 TMP2 TMP8 TMP10 TMP 11 TMP15 TMP16 TMP17 TMP18 TMP19 TMP 20 TM P 22 TMP 23 TMP 25 TMP 27 TMP 28 TMP 29 TM P 30 TM P 42 TM P 43 TMP 44 TMP 46 TMP 49 TM P 50 TMP 51 Free Lane Columbus Drive Chiquita Road Threesome Lane Millard Robson Lane Lee Lane Coles Lane Birch Hill Lane Kidd Road Poplar Lane Maxwell Lane Farry Cove Lane Field Road Fair Haven Lane Luna Lane Mill Cove Lane Rose Point Lane Tideview Lane Seacoast Lane Smugglers Lane Duck Cove Crescent Windy Ridge Lane Blue Rock Court Mackie Lane Christmas Lane Question being taken, the motion was carried. 17.1995 Capital Works Program Faeilities I BuildinQs On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the submitted 1995 Capital Works Program for Facilities / Buildings be approved in the total amount of $1,340,000. Question being taken, the motion was carried. 5. Imperial Theatre Ine. 1994 Annual Report Mr. Jamie Grant, General Manager of the Imperial Theatre, presented 85-262 COMMON COUNCIL MAY 1,1995 the 1994 Annual Report on behalf of Mr. Donald Wishart, President of the Board of Directors of Imperial Theatre Inc. (copies of which were forwarded to Council members prior to this meeting); and thanked the City of Saint John for its contribution of $215,000 toward the Theatre's operating budget, with the promise that the Board would not be back to Council looking for more than this annual grant during the next three years. Councillor Knibb, a member of the Imperial Theatre Board, commended Messrs. Jamie Grant and Donald Wishart for their efforts; and during discussion Mr. Grant advised that, in 1994, the Towns of Grand Bay and Rothesay, and the Villages of East Riverside-Kingshurst and Westfield contributed to the Imperial Theatre, and these municipalities were joined in 1995 by Quispamsis and Gondola Point. Mr. D. Wishart was recognized upon his entry to the Council Chamber and commented on the status of the Endowment Fund and plans for fund-raising events in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the 1994 Annual Report presented on behalf of the Board of Directors of Imperial Theatre Inc. be received with appreciation. Question being taken, the motion was carried. *17 A. City's Telephone Direetorv Councillor A Vincent suggested that, in addition to publishing the City's Telephone Directory in the local newspaper, copies should be provided to the Saint John Power Commission for inclusion in a monthly billing so that more citizens could have access to the Directory, especially in view of the change in the City's switchboard; and Mr. Totten, having indicated that it is the intention to publish the Directory on a regular basis in the information section of the local newspaper and in the centre page of the NB Telephone Directory in August, advised that he would follow-up on Councillor A Vincent's suggestion. (Councillor Coughlan withdrew from the meeting.) 19. Expropriation Pareel "L" Former Shoreline Road South Of Sand Cove Road Near Keans Road Read a report from the City Solicitor advising that, further to Common Council resolution of January 30, 1995, the municipality may now proceed with the expropriation of Parcel "L", a parcel of land which is a portion of the former Shoreline Road Line located south of Sand Cove Road near the Keans Road; recommending adoption of the submitted resolution should Council wish to proceed; and advising that, upon adoption and registration of the Notice of Expropriation, the land will vest in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated January 30, 1995, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory Officer on February 10, 1995; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; 85-263 COMMON COUNCIL MAY 1,1995 AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER whereas Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E- 14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner of the date of registration of the Notice of Expropriation if at that time no owner is in occupation of the land; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are not occupied by the owners: NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the date of registration of the Notice of Expropriation." Schedule "A" All that certain lot, piece or parcel of land, situate lying and being near Sand Cove, in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Having its point of beginning at the southwesterly corner of the Isabel E. Green Property which is more particularly described in a conveyance recorded in the Saint John County Registry Office as document 289142 in book 906 at page 590, said point also being on the eastern boundary of Parcel "K" as shown on Plan No. 200146. Said point having N.B. grid coordinate values of easting 331 513.555 and northing 660 121.704. Thence along the southerly side of the aforementioned Isabel Green Property and crossing the Keans Road and along the southerly side of the Kenneth and Charles Keating property as described in document #340237 in book 1236 at page 493 on a New Brunswick grid azimuth of seventy six degrees (760) nine minutes (09') fifty seconds (50"), a distance of one hundred and sixty five and seventy nine hundredths metres (165.79m) to the eastern side of the former J. S. Gregory Estate. Thence on an azimuth of one hundred and sixty degrees (1600) twenty five minutes (25') fifty seconds (50") along the eastern side of the former S. Gregory Estate, a distance of fifteen and eighty three hundredths metres (15.83m) to Part "A" as shown on a plan filed in the Saint John County Record office as Plan #1637. Thence on an azimuth of two hundred and fifty four degrees (2540) fifty eight minutes (58') ten seconds (10") along the aforementioned part "A" and the John P. Hughes property, a distance of twenty nine and twenty hundredths metres (29.20m) to a point. Thence on an azimuth of three hundred and forty six degrees (3460) four minutes (04') ten seconds (10"), a distance of six and eleven hundredths metres (6.11 m) to a point. Thence on an azimuth of two hundred and fifty four degrees (2540) thirty two minutes (32') twenty seconds (20") along the Suzanne A Toole Property, a distance of one hundred and thirty seven and twenty four hundredths metres (137.42,) to the eastern 85-264 COMMON COUNCIL MAY 1,1995 side of the aforementioned Parcel "A". Thence on an azimuth of three hundred and forty two degrees (3420) eight minutes (08') ten seconds (10") along the aforementioned Parcel "K", a distance of fourteen and eighteen hundredths metres (14.18m) to the point of beginning. A tract of land designated as Parcel "L" and containing an area of 2,137 square metres and intended to be a portion of lands previously used by the Canadian Pacific Limited crossing the estate of James S. Gregory as shown on a Plan of Survey to Accompany Notice of Intention to Expropriate, property situate at the south end of Keans Road, City of Saint John, County of Saint John, Province of New Brunswick, certified correct by Hughes Surveys & Consultants Ltd. and dated January 31, 1995 and surveyed by Richard B. Stewart, NBLS and filed in the Saint John County Registry Office as no. 200172. Subject to a 6.18 metre wide access Right of Way crossing the above described Parcel "L" at the southern end of Keans Road as shown on the above noted plan. Question being taken, the motion was carried. (Councillors Gould and Trites withdrew from the meeting as they were not present for the April 24 public hearings of the proposed Zoning By-Law text amendment with respect to the Townhouse Zone and the proposed Street Closing By- Law amendment regarding a portion of Bayside Drive. Councillor Coughlan re-entered the meeting.) 20. Zoning By-Law Text Amendment "Townhouse CTH)" Zone On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-374 A Law To Amend The Zoning By-Law Of The City Of Saint John", with regard to a Townhouse (TH) Zone, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-374 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. 21. Street Closing By-Law Amendment Portion Of Bayside Drive On motion of Councillor Knibb Seconded by Councillor Coughlan 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 regard to the stopping up and closing of the following portion of highway:- BA YSIDE DRIVE - The full width of that portion of Bayside Drive being approximately ninety-one (91) metres in length running in a southeasterly direction from the southern termination of that portion of the former Bayside Drive closed by by-law given third reading on the 1 st day of December, 1980, comprising an area of eighteen hundred and forty-eight square metres and identified as Parcel B on a survey plan entitled "Plan of Property Bayside Drive" dated February 28, 1995, prepared by Murdoch-Lingley Limited and surveyed by Carl Laubman, N.B.L.S." - 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 The 85-265 COMMON COUNCIL MAY 1,1995 Stopping Up And Closing of Highways In The City of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Gould and Trites re-entered the meeting.) 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, April 24, 1995, when there were present Mayor Higgins and Councillors Chase, Coughlan, Knibb, McAlary, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the purchase of the two parcels of land on Candace Street as indicated on the submitted maps, identified as PID Numbers 55024004 and 55024020, and authorize the Mayor and Common Clerk to execute the necessary documents on condition that: (1) the purchase price be $1.00 for each parcel; and (2) the City pay all legal costs associated with the transfer of title. 2. That as recommended by the City Manager, (1) Common Council lease a portion of land in Dominion Park (NBGIC Number 407890) to the Hatheway Board of Trustees (the term "group" to be used to refer to the Hatheway Trust, its Board and those acting on its behalf) for the purpose of constructing a Labour Temple, subject to the following terms: 1. The Site: .1 The City will lease to the group 20,000 square feet of land in Dominion Park, as shown on the submitted plan, for a period of 50 years at an annual rental of $1.00, for the construction and operation of a Labour Temple. The lease will contain a provision for future renewals on terms and conditions to be negotiated by the parties prior to the expiration of the lease; .2 All lands adjoining the site will remain in the ownership of the City and for public use; .3 In consideration for the use of the building by the public, the City will pay all property taxes. 2. DesiQn and Construction: .1 The group will undertake the design and construction of a building (Labour Temple). The plans for the building will be approved by the City prior to the start of any construction on the site; .2 The group will be responsible for all costs associated with the design and construction, including all consultant fees, permits, water and sewer installations. Upon completion of construction, the group will supply documentation, in a form acceptable to the City, that all costs of construction have been paid; .3 The construction phase of the project will be undertaken in a manner which will not unreasonably disrupt the utilization of the Park; and 85-266 COMMON COUNCIL MAY 1,1995 .4 All modifications to the building will require the approval of the City. 3. The BuildinQ: The building and associated grounds will be operated for purposes consistent with the terms and conditions of the W. Frank Hatheway Trust. 4. City Use Of The BuildinQ: The group will provide the building, at times mutually agreeable and at no cost, for use by the City to provide programs for the community. 5. ParkinQ Lot: The group will have the right in common with all others to utilize the existing parking lot area. 6. City Responsibilities: The City will provide the following services as long as Dominion Park forms a component of the City's park network: .1 Snow ploughing of existing Dominion Park Beach parking lot to a standard completed in 1994-95; .2 Grounds maintenance to a standard completed in 1994; .3 Payment of water and sewer charges; and if, in the future, the City no longer directly provides the above services, the parties agree to discuss an alternative funding mechanism. 7. OperatinQ Expenses: The group will be responsible for all costs associated with the maintenance and operation of the building excepting those costs included under item 6 above. 8. Insurance: The group will maintain fire and liability insurance on the building and pay all premiums for such insurance, acceptable to the City. The City of Saint John will be listed as co-insured in the liability policy. 9. Maintenance: The facility and associated grounds will be maintained by the Hatheway Board of Trustees to industry standards. 10. Water And Sewer Line Improvement: During the initial construction of the Labour Temple, and at no other time in the future, the City will cost share in the installations or upgrade of municipal service connections to the subject site, in an amount equal to the cost of piping materials not to exceed $2,800 plus applicable taxes. 3. That as recommended by the Citizens May 18th Observance Committee, the following persons be appointed Honourary Charter Officials for the City of Saint John for the year May 18, 1995 and 1996:- Barry Ogden - Warden of Port; Murray Beesley - Port Master; Eric Kipping - Pilot; Reginald Wanamaker - Bell RinQer; Jack McNamara - GauQer; Barbara Holt - Surveyor of Bread; Sterling Brown - Surveyor of HiQhways; Catherine Somerville - Surveyor of Fish; Reverend Lloyd Lake - Inspeetor of Timber; Ida LeBlanc - Inspeetor of Commodities; David Peters - Inspeetor of Food Stuffs; and Steven Fowler - Surveyor of Provisions. May 1,1995, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins C h air man. 22.1. Property Purehase 85-267 COMMON COUNCIL MAY 1,1995 Candaee Street It was noted that the above property is to be purchased from Dobson Construction Limited (as indicated in a report from the City Manager of which copies were distributed to Council members at this meeting.) On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that as recommended by the City Manager, Common Council approve the purchase from Dobson Construction Limited of the two parcels of land on Candace Street as indicated on the submitted maps, identified as PID Numbers 55024004 and 55024020, and authorize the Mayor and Common Clerk to execute the necessary documents on condition that: (1) the purchase price be $1.00 for each parcel; and (2) the City pay all legal costs associated with the transfer of title. (Rescinded August 28, 1995 Bk. 85 Pg. 432 ) Question being taken, the motion was carried. 22.2. Labour Temple. Dominion Park On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Mr. Patrick Riley, a representative of the Hatheway Board of Trustees, commented on the history and terms of the Trust from 1917, and expressed the view that, as the Labour Temple itself is to look after the mental, moral and recreational improvement of Saint John labour union members, their families and friends and the citizens of Saint John itself, this is exactly what can be realized by locating the Labour Temple in Dominion Park in that, as this area is not currently utilized to its full potential, this partnership arrangement presents an opportunity to revitalize Dominion Park itself and to also give the City a very nice building for the citizens which might also draw tourists to the area. Question being taken, the motion was carried. 22.3. Honourarv Charter Offieials On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. (Councillor A Vincent withdrew from the meeting.) Question being taken, the motion was carried. 23. Preservation Review Board HeritaQe Workshop On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Preservation Review Board inviting the Mayor and members of Common Council to participate in a workshop - Heritage: 20-20 Vision For The Future - on May 12, the Board to be assisted in this workshop by members of the Board of Directors of the International Council on Monuments and Sites (ICOMOS) which will be holding its Spring Board Meeting in Saint John on May 11-14 -- be received and the Preservation 85-268 COMMON COUNCIL MAY 1,1995 Review Board be thanked for the invitation. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 24. Wayne Vaughan Noise 3 Mile Tavern On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Wayne Vaughan complaining about the noise levels emanating from the 3 Mile Tavern -- be referred to the City Manager and the Chief of Police. (Councillor A Vincent re-entered the meeting.) Question being taken, the motion was carried. 25. Naney Allen Re Meetings On Bayside Drive LaQoon On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the letter from Nancy Allen advising of concerns of residents of Midwood Avenue / Red Head Road, about meetings on the Irving lagoon at 800 Bayside Drive -- be received and filed. Councillor Rogers spoke against receiving and filing the above letter on the basis that Mrs. Allen should be extended the courtesy of having answered, in writing, questions asked by her and other residents of the neighbourhood who had appeared before Council, including those asked of the City Solicitor. Councillor Knibb, when asked by the Deputy Mayor if he wished to change his motion, replied in the negative on the basis that Mrs. Allen had an opportunity to appear before Council to present her case and the answers were given both by the Irving Interests and by a meeting chaired by the Mayor, and that continuing discussion of this, when he thinks the answers are available, is not necessary. In response to Councillor M. Vincent, Mr. Totten advised that he would undertake to follow up with Mr. MacKinnon in terms of those questions which the City has the ability to answer and to supply those answers to Mrs. Allen; however, with respect to the comments and answers provided by the Province of New Brunswick or the Irving organizations, he does now know whether or not detailed minutes are available from the public information session. Councillor Gould expressed the view that Mrs. Allen and the citizens who attended the public session of Council should have received answers to the questions asked at that particular session of Council and, having been assured that the answers would be provided at the information meeting chaired by the Mayor and as apparently the answers have not been provided in writing to Mrs. Allen, it would not be unreasonable to ask either the Irving officials or the Environment Commissioner or the City Manager to seek the answers to those questions. Councillor Chase suggested that the Province and the Irvings could be asked to provide what answers they have already provided verbally, with the City to act as the intercessor in passing them on to Mrs. Allen and the residents as part of the City Manager's undertaking, to which Mr. Totten replied that this request could be made and, if received in writing, the responses could be forwarded on to Mrs. Allen. (Councillor Chase re-entered during the above discussion.) Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Coughlan, Gould, Rogers, Trites and M. Vincent voting "nay". On motion of Councillor Trites 85-269 COMMON COUNCIL MAY 1,1995 Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. Nancy Allen on the matter of questions asked with respect to the Irving lagoon on Bayside Drive -- be referred to the City Manager to undertake to get all the information possible for a reply to Mrs. Allen. Question being taken, the motion was carried. 26. Beulah E. Doherty Cranston Avenue Property On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Beulah E. (Mrs. William J.) Doherty of 213 Cranston Avenue advising that the property directly behind her is a fire hazard and unsightly, and asking for Council's immediate attention and action -- be referred to the City Manager. Question being taken, the motion was carried. 27. AI Phillips - Reseue In Red Head On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. AI Phillips adding to the list of those who received credit with respect to the rescue relevant to the emergency call in Red Head which involved a lone-occupied vehicle submerged in the cold waters of Courtenay Bay -- be received and filed. Question being taken, the motion was carried. Deputy Mayor McAlary noted that there will be no Council meeting on May 8 in view of the municipal election and that Council will meet again on May 15. Adiournment On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk