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1995-10-16_Minutes 85-504 COMMON COUNCIL OCTOBER 16, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of October, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - 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 Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager, Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; S. Lodhi, Manager, Real Estate and Facilities Management; R. Pollock, Planner; G. Tait, Fire Chief; Acting Sergeant R. Hunt, Police Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 10, 1995, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 890 Lorneville Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 1,225 square metres (13,186 square feet) of land situated at 890 Lorneville Road (NBGIC Numbers 285775 and 55007322), from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family and Mobile Home Suburban Residential classification, to allow an existing mobile home to remain permanently on the subject property, as requested by Mr. Kevin Campbell, and 3{c) a letter from the applicant was received and no written objections were received in this regard. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and six letters in objection to the above re-zoning, which were considered by the Committee at its October 11 meeting at which the applicant expressed objection to the staff recommendation that the application be denied; advising that the Committee was advised that the applicant could request to Council, under the authority of the Municipalities Act, another one-year temporary approval; and recommending that the application be denied. Mr. Kevin Campbell of 890 Lorneville Road appeared in support of his application for re-zoning and, having expressed the understanding that the reason the Planning Advisory Committee turned down his application was on account of how it would affect the value of the surrounding property, advised that, before he moved to 85-505 COMMON COUNCIL OCTOBER 16, 1995 the area, he spent $20,000 getting the lot ready and he cannot understand why, comparing how the lot looks now to what it was when it was purchased with an older camp on it that was falling down, the way it looks today with his mobile there would affect any property that exists around it. The possibility was broached of Mr. Campbell finding an alternate location for his mobile home, should Council give him extra time on his temporary permit for its location on the subject site, as was the question of dealing with this situation under a Section 39 condition so that the re-zoning would cease upon Mr. Campbell's removal of the mobile home from the subject property, the latter to which Mr. Baird suggested that, while Council could place terms and conditions on the development if Council were disposed to approving the re-zoning, the more appropriate method to deal with temporary approval would be to use a section under the Municipalities Act to give the temporary approval on a yearly basis, and limiting this to a particular individual would typically be an item considered to be outside the parameters of Section 39. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Kevin Campbell for the re-zoning of 890 Lorneville Road be denied. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that Mr. Kevin Campbell be given permission to maintain a mobile home on the property at 890 Lorneville Road for a period of one year. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 222 CottaQe Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 222 Cottage Road (NBGIC Number 340471), from "RS-2M" One- and Two-Family and Mobile Home Suburban Residential to an "R-4" Four-Family Residential classification, to place the property in a zone that would permit a four-unit apartment building, as requested by Richard W. Burbridge and Eileen A Burbridge, and that 4{c) a letter was received from the applicant in this regard, as well as 4{d) a letter from Walter Peterson in opposition to the proposed re-zoning. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter against the proposed re-zoning considered by the Committee at its October 11 meeting at which the applicant read an affidavit which was submitted to Council with this application and referred to a number of letters in favour of the proposed re-zoning that were submitted with the original application in 1994, and Mr. Walter Peterson, an adjoining property owner, made a presentation against the application; and recommending that Common Council re-zone the subject property located at 222 Cottage Road (NBGIC Number 340471), to "R-4" Four-Family Residential classification, subject to a Section 39 resolution that the subject property meet the standards of the N.B. Department of Health. Mr. Walter Peterson of 230 Cottage Road, appearing in opposition to the above application, read his above-mentioned letter stating his reasons for objecting to the application; and during discussion advised that his primary concern is the drinking water as the area is on wells and septic tanks. 85-506 COMMON COUNCIL OCTOBER 16, 1995 Mrs. Lee McNeil of Barryman Investments spoke in support of the proposed re-zoning as the owner, with her brother Shane Barryman, of property in the subject area, a resident of the Black River Road for 23 years, and the builder of a property at this time at 308 Cottage Road; and, having indicated her intention of developing an existing parcel of land for housing, advised that she has no objection to the Burbridges having a four-apartment building. Mrs. Eileen Burbridge addressed Council in support of the application as co-owner with her husband, Richard, of the property at 222 Cottage Road; and read an affidavit, a copy of which was previously submitted to Council with the above correspondence, as well as letters in support of the proposed re-zoning which, she advised, she received from Mrs. Theresa McNeill of 777 Old Black River and Mrs. Richard Snow, a previous resident of Cottage Road and a tenant at the subject property. Mrs. Burbridge commented on the septic system on the subject property on the basis of Mr. Peterson's concern about the water; and noted the photographs submitted under 4(c) above. Councillor Trites expressed concern about Council dealing with after-the- fact applications which show no commitment to living within the laws and by-laws of the City or the health standards of the Province, as well as the width of the subject lot in comparison to the Department of Health's minimum lot width requirement to accommodate a four-family unit, and advised that he could not and would not approve the re-zoning application because he would be indicating that he does not care about clean water and health requirements. Councillor Trites asked if expanding the subject property through the purchase of another acre would be seen as a major change to allow for a new re-zoning application within the one year time frame to be heard again without waiting a year; to which Mr. Baird replied that, as it would be re-zoning quite significantly additional land, it could very well be seen as a significant change. Councillor Brown advised that he finds it deplorable that Council is reviewing at this time making a variance for somebody who has broken the law and has gone into a neighbourhood and done things against the rules and regulations, and he finds it unacceptable that Council is now being asked to make that okay. Councillor Vincent questioned the Planning Advisory Committee's recommendation on the basis that he knows of no resolution to the situation irrespective of what side Council wants to take after the hearing is completed because the New Brunswick Department of Health requires 1.75 to 2 acres to allow the four-family property to exist and be re-zoned, and there would be nothing Council could do in that, if the Section 39 re-zoning were applied, the land does not meet the requirement; and concurred with Councillor Trites' suggestion to enlarge the land so that it meets the Department of Health requirements. Deputy Mayor Chase expressed the view that this application should be made right in terms of health and septic field considerations before Council finds itself disposed to move to allow it, and expressed opposition to the recommendation. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the application of Richard W. Burbridge and Eileen A Burbridge for the re-zoning of 222 Cottage Road be denied. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 451 Olive Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 1,250 square metres (13,455 square feet) of land situated at 451 Olive Street (NBGIC Numbers 55045843 and 55045835), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to place the subject property into the same zone as the adjoining Carleton-Kirk Lodge Nursing Home for the possibility of additional parking spaces in the future, as requested by Carleton-Kirk Complex Inc., and no written objections were received in this regard. 85-507 COMMON COUNCIL OCTOBER 16, 1995 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its October 11 meeting at which Mr. Bill Kean, representing Carleton-Kirk Complex Inc., expressed support for the staff recommendation; and recommending that Common Council re-zone approximately 1,250 square metres (13,455 square feet) of land situated at 451 Olive Street (NBGIC Numbers 55045843 and 55045835), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 1,250 square metres (13,455 square feet) of land situated at 451 Olive Street (NBGIC Numbers 55045843 and 55045835), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 1,250 square metres (13,455 square feet) of land situated at 451 Olive Street (NBGIC Numbers 55045843 and 55045835), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 6. John R. Ashford, And Barbara R. Ashford, And The Toronto-Dominion Bank To Appear Re Dangerous And Unsightly Condition Of BuildinQ 1042 Duck Cove Lane Notice had been forwarded to John R. Ashford, and Barbara R. Ashford, and The Toronto-Dominion Bank, to appear to show cause, if any, why Common Council should not find the building at 1042 Duck Cove Lane to be in a dangerous and unsightly condition and require them to remedy the condition, within such time as Common Council may set, by demolishing the building and removing the debris. Consideration was given to a report from the City Manager advising that the wood-frame structure at 1042 Duck Cove Lane has been extensively fire-damaged and the building is currently vacant, open and has been open to public entry for some time and that there has been no action taken in response to any of the notices or discussions with the owners, the owners' solicitor and representatives of the mortgage 85-508 COMMON COUNCIL OCTOBER 16, 1995 company regarding the condition of the property; also advising that staff is of the opinion that the building cannot be repaired and should be demolished at an estimated cost of $5,000 to $7,000; and recommending adoption of the submitted resolution in this regard. (Councillor Trites withdrew from the meeting.) Mr. Edwards commented on the extent of the damage to the building located at 1042 Duck Cove Lane caused by a fire on March 18, referencing the photographs submitted with the above correspondence; and advised that the interior framing has been damaged to such an extent that the wooden structure of the second floor has partially collapsed with further collapse of the floor appearing to be imminent, and the lower floor of the building has been burnt to the point where it too may collapse and anyone entering the building could easily be injured or fall through large holes in the floor. Mr. Edwards also advised that there have been reports of children playing in and around the subject building, scavenging rubbish and unburned lumber and subsequently taking the latter to the beach for bonfires; and that the notices sent to the owners by the Building and Technical Services Department regarding this building, requesting that they immediately secure it and make plans to remove it, have been ignored to date. Mr. Edwards noted the submitted reports from the Fire Chief and Police Officer Bernard Desmond; and asked Council to adopt the submitted resolution. (Councillor Trites re-entered the meeting.) On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- WHEREAS the records in the Saint John County Registry Office show John R. Ashford and Barbara R. Ashford to be the owners (subject to a mortgage in favour of The Toronto-Dominion Bank) of the parcel of land at 1042 Duck Cove Lane in the City of Saint John, in the County of Saint John and the Province of New Brunswick, the said parcel of land being identified as Parcel 386201 on the portion of the New Brunswick Geographical Information Corporation plan which was submitted as Schedule "B" and being more particularly described in the Schedule "A" which was submitted and which was attached to the deed to John R. Ashford and Barbara R. Ashford from Arthur Daniel Timothy Wallace and Shelley Lynn Doughty which was dated November 29, 1994, and was recorded in the Saint John County Registry Office on November 30, 1994, in book 1744 as Number 397546 at pages 297-301; AND WHEREAS the property is located in an area mentioned in the By-Law entitled "A By-Law Respecting Dangerous Or Unsightly Premises Within The City Of Saint John"; AND WHEREAS there is located upon this property a building which was severely damaged by fire on or about the 18th day of March, 1995, and which is shown on the submitted Schedule "C"; AND WHEREAS the building is in a dangerous and unsightly condition as a result of the fire damage, the particulars of the dangerous and unsightly condition being set out in the inspection report of Mr. David Crawford, P.Eng., Technical Services Engineer, which is dated July 4, 1995, and a further report to Common Council from the City Manager and others which is dated October 12, 1995; AND UPON READING and considering the opinion of Glen Tait, the Fire Chief of the City of Saint John, set out in his letter dated June 21, 1995, and also the opinion of Sergeant Bernard Desmond of the Saint John Police Force, set out in his memorandum dated July 13, 1995; AND UPON HEARING the oral report of Mr. William Edwards, P.Eng., the Building Inspector of the City of Saint John: 85-509 COMMON COUNCIL OCTOBER 16, 1995 BE IT RESOLVED that John R. Ashford and Barbara R. Ashford are hereby required to remedy the dangerous and unsightly condition of the building, within 15 days after a notice from the Building Inspector of the City of Saint John is served upon them in accordance with section 190(4) of the Municipalities Act of New Brunswick, by demolishing the building and removing the debris: BE IT FURTHER RESOLVED that the Building Inspector is hereby appointed to serve notice upon John R. Ashford and Barbara R. Ashford, in accordance with section 190(4), which requires them to demolish the building and remove the debris within 15 days of the service of the notice upon them: BE IT FURTHER RESOLVED that in the event that John R. Ashford and Barbara R. Ashford do not comply with the Building Inspector's notice, then the Building Inspector is directed to apply to the Court of Queen's Bench of New Brunswick for an Order which would (a) require them to demolish the building and remove the debris within 15 days or such further time as the Court deems appropriate, and would (b) authorize the City of Saint John to cause the building to be demolished and the debris removed at the expense of John R. Ashford and Barbara R. Ashford in the event that they do no comply with the Order. Mr. James Whelly, solicitor, appeared before Council as the solicitor representing The Toronto-Dominion Bank, legal owner of the subject property holding the mortgage; and advised that the Bank's position in this matter is quite similar to that of the old General Hospital in that the Bank is unable, legally, to do anything until such time as foreclosure takes place, which the Bank is attempting to effect at the present time, and it would be the Bank's position that the properties be demolished at the earliest possible time that it could legally do that, but unfortunately, until the foreclosure occurs, that is not possible. Mr. Whelly also advised that the Bank's time frame in this matter would be sometime just over one month from now; and clarified that he is speaking in favour of the demolition order as asked for by the Building Inspector. Councillor Fitzpatrick asked if, as the Bank had a mortgage on the property, in the case of a fire would there not be insurance to take down what is left of the building, to which Mr. Whelly replied that there was insurance on the property as required under the mortgage but, based on the Bank's understanding of the information, unfortunately the situation seems to be somewhat questionable as to origin of the fire and the insurance may not have paid off the amount to destroy the structure, and that is why the Bank is not able to step in and correct the situation immediately. Question being taken, the motion was carried. 7. Uptown Saint John Inc. 1996 Corporate Plan & BudQet Mr. Charles Swanton, President of Uptown Saint John Inc., was in attendance at the meeting to present the 1996 Corporate Plan and Budget and, in referring to the previously-submitted 1996 Budget and Corporate Plan, noted the balanced budget showing revenue items at $223,000, corresponding with total expenses of $223,000; and reviewed promotions carried out by Uptown Saint John Inc. in 1995, including a map and directory which lists the businesses uptown and provides information on parking which is done in cooperation with the Saint John Parking Commission; the South End Social brochure which lists over 25 events in the Uptown area traditionally held in the first part of June; the $1.40 campaign in conjunction with the Saint John Board of Trade whereby visitors from the United States could take advantage of a prime exchange rate at over 30 stores in the Uptown area for the entire summer months; Adopt-A-Flag and Adopt-A-Planter programs; the monthly publication in The Evening Times-Globe newspaper of Uptown & Around; and the Christmas ornament campaign. Mr. Swanton made the observation that 1995 concludes the Canada/New Brunswick Cooperation Agreement through which there were many improvements to facades, as well as work on Canterbury Street, the walkways in King's Square, and the restoration at King's Square North, including the King's Square bus shelter; noted the undertaking of the strategic plan review; commented on the decline 85-510 COMMON COUNCIL OCTOBER 16, 1995 in the BIA levy as a direct result of a reduction in real property assessments, thus the need to make better use of all square footage in Uptown Saint John, especially upper floor space, and the need to provide a greater residential component if Uptown Saint John is to flourish; and re-iterated Uptown Saint John Inc.'s previous request to Council on September 18 to turn over to it the Upper Floor Grant Program. Mr. Swanton confirmed that the Business Improvement Levy for 1996 of $.12 per $100 of assessment on non-residential property is the same as last year; and the Mayor commended Uptown Saint John Inc. for its work in the Uptown area, noting the window decorations in the former Woolworth building. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that authority be granted for the necessary advertising with respect to the 1996 Budget of Uptown Saint John Inc. Question being taken, the motion was carried. 8. The YMCA-YWCA Of Saint John Expansion Of Aquatic Centre Mr. David Barry, President of The YMCA-YWCA of Saint John, addressed Council, further to Council's invitation of October 2, on the expansion of the Canada Games Aquatic Centre; and, through a slide presentation and referring to a prepared brief (copies of which were distributed to Council members at this time), apprised Council of the concern over the proposed expansion of the Canada Games Aquatic Centre and the negative impact this will have on The YMCA-YWCA of Saint John in that the inclusion in the expansion proposal of renovated locker rooms, an expanded fitness area, 3 squash courts and retail space can only be intended to directly compete with and infringe on the Y's program delivery in fitness and court areas. Mr. Barry clarified the misconceptions that The YMCA-YWCA might not be around in the future, the Y is a youth facility, and the pending loss of the Parrtown Correctional Centre to the Y as the reason for concern over the proposed expansion; suggested that the projected 300 new members for the Aquatic Centre are not 300 individuals who would join the Centre unless they come from membership in competing organizations - specifically the Y, the only Uptown competitor; and questioned the extent of the Saint John Aquatic Centre Commission's presentation to Council in support of a $1.4 million expenditure in that the Y would have expected its staff to present studies and details as indicated in the submitted brief. Mr. Barry related information on the Y's funding sources, as well as on what the Y considers to be unfair practices by the Aquatic Centre that have impacted directly on the Y or have been intended to directly solicit members of the Y to the Aquatic Centre, and on services offered by The YMCA-YWCA of Saint John; explained that the objective of his presentation at this time is to convince Council that the proposed expenditure is not appropriate without a careful examination of other alternatives to reduce the Aquatic Centre deficit and to prevent wasteful duplication of services, and unnecessary or unfair competition; and recommended that, as this is an opportune time to enter discussions in view of the Y's strategic planning and the consideration being given to the Aquatic Centre expansion, (1) the proposed expansion be deferred; (2) Council immediately establish a group representing the Y, the Aquatic Centre, the Recreation Department, Common Council and perhaps others to examine ways to cooperate in the delivery of fitness programs within the community; and (3) the group should retain independent advisors to ensure an objective review of all possibilities. Mr. Frank Corbin of Quispamsis related his experience as a member of The YMCA-YWCA of Saint John during which time he took advantage of the Y's Assistanceship Program. Mr. Paul Albert of 165 Winslow Street commented on his involvement in The YMCA-YWCA of Saint John as a part-time staff in Membership Services, as a Leader in the Leader Corps, a volunteer to youth as a racquetball instructor, and a member. Ms. Natalie Fisher of 17 Horsfield Street, Director of Social and 85-511 COMMON COUNCIL OCTOBER 16, 1995 Community Affairs at The YMCA-YWCA of Saint John, appeared before Council and read a letter which, she advised, she was asked to read by Susan McKeon, a member, as well as a volunteer, of the Y. Mr. Barry concluded the Y's presentation by requesting Council to consider the Y's recommendation and take the issue seriously. Responding to the Mayor's questions, Mr. Barry commented on the subsidized membership based on need and the membership fees at the Y; and, as to the possibility of attracting, through an advertising campaign rather than from the Y membership, the 300 new members anticipated by the Aquatic Centre as a result of the expansion, Mr. Barry advised that, while the Y thinks this could not be done, it could be considered if there were market studies by the Aquatic Centre to indicate from where these members were coming; however, neither the Y nor the Aquatic Centre has people knocking on the doors to join now and any study the Y has done or is aware of indicates that squash court facilities are not a way to attract members today. The Mayor noted the past effort through the City Manager to get together for discussion representatives of the Y and the Aquatic Centre, and asked if there was an expectation that things would be different with the establishment of a group as recommended by the Y, to which Mr. Barry replied that, while before what seemed to be an effort between two facilities to cooperate met what the Aquatic Centre considered were insurmountable negatives in terms of being able to achieve that, the difference in this proposal is that the Y is asking Common Council to take charge of the issue and to, if Council wants the Aquatic Centre to achieve a reduced subsidy rather than giving $1.4 million to the Aquatic Centre to provide a solution that the Y does not think is there, have a group of people, probably independent of the Y or the Aquatic Centre, look at both facilities to determine if there is any synergy between them and any ways that could be suggested to Council to assist in reducing the deficit and at the same time improve the delivery of fitness services in Uptown Saint John. 9. Saint John Aquatic Centre Commission Expansion Of Aquatic Centre Mr. Leo Maloney, Chairman of the Saint John Aquatic Centre Commission, having noted the Commission's September 5 presentation to Council on the proposed expansion, addressed Council on the two main reasons for proceeding with the Aquatic Centre expansion project as outlined in the Commission's letter to Council at its October 10 meeting, the main reason being financial in that the Commission, having done studies, believes that, with the additional space and the programs it is trying to do, it can lower the operating deficit from the City to the Aquatic Centre by $100,000 to $150,000 and that, as to the importance of fitness to the program, revenue falls when fitness programs are lost which means the deficit rises and, if the Commission does not try to generate more revenue and with rising costs, future commissions will be requesting more money from Council because there will be a larger deficit. Mr. Maloney explained that, knowing that cutbacks in budget allotments are inevitable, the Commission is trying to avoid the situation both for staff and members of the Aquatic Centre where staff and programs will have to be laid off, and the expansion plan avoids that problem; and that, as to the other reason for the expansion which is to meet the needs of the members, the Commission feels that it is merely fulfilling the mandate given by maintaining and improving the facilities and offering a very diverse program to the members of the Aquatic Centre; and also that, rather than having a problem getting members, the Aquatic Centre is having a problem with people leaving the facility as the facilities are too crowded, with no place for them to leave their clothing and valuables while working out and not enough showers in the facility. Mr. Maloney put forth the following as additional advantages to the City of the proposed expansion: the completion of St. Patrick Street in the decor of all the other buildings, the creation of employment and construction, the tie-in and addition to the walkway, improving the building thereby increasing the assessment and tax base, and the completion of the original plan and program designed in the early 1980s; and made the observation that, based on the estimated reduction in the deficit from $700,000 to $550,000 from the expansion, the Commission feels so strongly that it will work that it has agreed to lock itself into that for five years and will not be back to Council with a raise in the deficit. In response to Council queries, Mr. Maloney advised that, in addition to market studies based on questionnaires to Aquatic Centre members, the Commission 85-512 COMMON COUNCIL OCTOBER 16, 1995 had a company by the name of Burke-Oliver and, as to Mr. Barry's reference to a number of items on which Y staff would be expected to present studies or details on a proposed expansion, the Commission looked at many of those items before ever coming to Council in this regard as it was considered the Commission's role to do so; and, as to the possibility of the Boards of the Aquatic Centre and the Y getting together in an attempt to find some common ground on where the two agencies could still be continued to be supported in the City, advised that the Commission is certainly very agreeable to looking for common ground with perhaps the City Manager being asked to direct somebody to possibly chair a group of a couple of Commission members and a couple of Y members to look at how these things could be done, with this group to be ongoing into the future to discuss ways of working together; however, the Commission has a concern about holding up the project in that, because of cutbacks and the way things are happening, the Commission feels it should be progressing. With regard to previous discussions between the Commission and the Y, Mr. Maloney explained that the Commission had reservations at that time because it had already taken that direction three to four years ago and it had not led anywhere as in many cases it was very philosophical and, as it is necessary to get down to specifics, there may be a need for a mediator to direct the discussions. Mr. Darrell Steeves, General Manager of the Canada Games Aquatic Centre, commented on the Centre's marketing scheme, particularly with respect to corporate memberships and free membership offers; and Mr. Wilson explained that, with respect to the financing of the proposed expansion, an interest rate of 9% was assumed for the City to construct the expansion and incur the debt and the understanding with the Aquatic Centre Commission is that, to the extent that the City would be incurring more money in terms of interest and financing that debt, the City would expect to see at least a corresponding decrease in the operating deficit, so the financing was projected over a 20-year amortization with the resulting figure being approximately $150,000 in additional financing costs to the City and the anticipation of at least that much in a reduction of the Aquatic Centre deficit; and, while in most of the City's public works the City finances the debt over a 1 O-year period, explained that, in this particular case considering a long-term facility in terms of a revenue-producing property, it was considered more proper to look at amortization over a period that would be much more representative of the life of the asset as opposed to a quick acceleration of debt which can be done when the taxpayers are paying it, and this was seen as a way of extending the amortization but having it paid by the new users of the facility. On motion of Councillor Ball Seconded by Councillor Waldschutz RESOLVED that Council immediately establish a group representing The YMCA-YWCA, the Aquatic Centre, Common Council and staff and other organizations of note involved in fitness and recreation programs to review, mediate and coordinate an equitable and satisfactory solution for the presentation of fitness and recreation services in the Greater Saint John area and furthermore, and most important, the sharing and/or integration of programs, facilities, financial support, social and economic benefits should be a condition for discussion between the parties involved. Mr. Steeves commented on the proposal to include squash court facilities in the expansion on the basis that, if it were decided that another direction should be taken, that could be reviewed; however, the expansion of the locker rooms and fitness facilities is considered essential to the Aquatic Centre's future success; and advised that, while it his understanding that the Y's court facilities allow both the playing of squash and racquetball even though the shape is inappropriate for squash, the courts proposed for the Aquatic Centre would not be appropriate for racquetball; and, with regard to the Sheehan/Barr Associates' presentation to Council, the Mayor noted that this was referred to the Saint John Aquatic Centre Commission, and Mr. Steeves advised that it is on the agenda for the next Commission meeting and he has been in touch with Sheehan/Barr Associates in this regard. Councillor Gould questioned what the above motion could accomplish, as well as the possibility of the proposed expansion exceeding the $1.4 million estimated cost, the latter to which Mr. Maloney, referring to item 12 on the agenda of this meeting, advised that the architect engaged would provide a much better view of what the cost would be as the $1.4 million is an initial figure used by the Finance Department. Councillor Knibb, a member of the Aquatic Centre Commission, suggested that the proposed motion would put off 85-513 COMMON COUNCIL OCTOBER 16, 1995 something that must be dealt with almost immediately; and, referring to the information provided in the brief presented by Mr. Barry on the Y's revenue, made the observation that it seems, from the figures submitted by the Y, that the facilities are on a level playing field in that about 65% of the Y's revenue comes from membership as does the Aquatic Centre. During discussion the timing on this matter was questioned in view of the Commission's reference to its importance, and the Mayor suggested that the committee would first have to be established with the committee to then deal with the timing and get back to Council within a couple of weeks. Question being taken, the motion was carried with Councillors Gould and Knibb voting "nay". Following a brief recess, the Common Council meeting resumed. 10. Mavor's Remarks Mayor McAlary noted the Operation Number For Life Program, as well as the opening earlier this date of the Atlantic Super Value Store in West Saint John; and proclaimed October 18 to 24 to be Health Promotion Wellness Week, October 16 to 22 to be Foster Parents Appreciation Week, and October 16 to 21 to be Theatre New Brunswick Week in the City of Saint John. The Mayor also noted the October 17 arrival of the cruise ship, Westerdam, in the Port of Saint John, and the sponsorship by Enterprise Saint John and the Saint John Board of Trade of a seminar at the Imperial Theatre on October 18. Mayor McAlary extended congratulations to Mr. Daryl Wilson on his appointment to the Board of the New Brunswick Geographic Information Corporation, representing all cities in the Province of New Brunswick. 11. Tender For HiQhwav Salt On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Azko Nobel Salt Co. be accepted for the establishment of a supply agreement for highway salt for the 1995/95 season, in the amount of $32.25/tonne for the supply of salt and $4.87/tonne for trucking. Question being taken, the motion was carried. 12. Proposal For Architectural Services Canada Games Aquatic Centre Expansion Consideration was given to a report from the City Manager recommending that the proposal of Anderson Architecture Ltd., in the amount of $69,800 (plus tax), be accepted for the purposes of designing, engineering, tendering and administering the construction of an expansion to the Canada Games Aquatic Centre. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". 13. Tender For Demolition Of Old General Hospital On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Galbraith Construction Ltd., in the amount of $723,390 (all taxes included), be accepted for the demolition of the buildings located at 199 Waterloo 85-514 COMMON COUNCIL OCTOBER 16, 1995 Street and formerly known as the General Hospital Main Building, Perimeter Road, Interns Residence, Boiler House, Chimney and Walkway, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents on behalf of the City of Saint John. Mr. Edwards apprised Council on the manner in which the demolition of the above buildings will be carried out, including the disposal of the debris in that it is the contractor's intent at this time to take the debris to a place at the top of Forest Hills where there is a fairly large compression; the removal and disposal of asbestos, PCBs and petroleum storage tanks; and as well as the security of the site. Mr. Edwards advised that he is aware of two cornerstones, one in the old portion of the former Hospital in the centre of the building and the other facing Waterloo Street; and that, because of the interest of Regional 2 Hospital Corporation in any time capsules that may be buried behind the cornerstones and the interest in the cornerstones themselves as indicated in the letter from Harold E. Wright which is on the agenda of this meeting as item 25, he took the opportunity earlier this date to speak to both the Corporation and The New Brunswick Museum, and the Corporation is quite happy to hear that the Museum is interested in obtaining both the cornerstones and any time capsules that may be there and, in that regard, is no longer interested if Council is prepared to let the Museum have the cornerstones and any time capsules that may exist. The Mayor noted the interest of a museum from Fredericton in the flag pole on top of the tower, and note was made also of the letter on the agenda of this meeting, under item 26, with respect to the matter of asbestos; and during discussion Mr. Edwards responded to questions in this regard, including the addendum to the tender, precautions to be taken with respect to the possibility during demolition of material going down onto City Road, the manner in which the site is to be left upon completion of the demolition, and the manner in which a possible rodent problem will be handled, and advised that the Police Department intends to make a final search of the buildings prior to demolition. Question being taken, the motion was carried. 14. Tender For Contract 95-20 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 95-20: Dorchester Street retaining wall construction, be awarded to the low tenderer, Northern Marine Services Ltd., at the tendered price of $39,600, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 25. Harold E. Wright General Hospital Cornerstones 26. Ralph Landers General Hospital Demolition On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Harold Wright asking Council to direct staff to negotiate with the contractor for the demolition of the General Hospital for the safe removal of the two cornerstones and associated time capsules, and suggesting that these should be offered to The New Brunswick Museum; and the letter from Mr. Ralph Landers regarding the tender for the demolition of the old General Hospital and the City's requirements for the removal of asbestos, and referring to his previous letter to Council in this regard -- be received and filed. Question being taken, the motion was carried. 85-515 COMMON COUNCIL OCTOBER 16, 1995 The Mayor noted the letters under item 28 on the agenda of this meeting from Delbert Buckley and Elaine MacDonald expressing concern regarding the proposed expansion of the Canada Games Aquatic Centre, as well as six additional letters in this regard (copies of which were distributed to Council members at this meeting), and asked for a motion to add to the agenda of this meeting the six additional letters. * Added Item On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letters from Steve Appleby, Brice R. Belyea, David Legassick, Patrick J.P. Ervin, Peter Graham and Cindy MacGregor/Harold C. Stevens, regarding the proposed Aquatic Centre expansion and The YMCA-YWCA of Saint John -- be added to the agenda of this meeting for consideration with item 28. Question being taken, the motion was carried. 28(a) Delbert Buckley (b) Elaine MacDonald * Added Letters Re Aquatic Centre Expansion On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letters from Delbert Buckley, Elaine MacDonald, Steve Appleby, Brice R. Belyea, David Legassick, Patrick J.P. Ervin, Peter Graham and Cindy MacGregor/Harold C. Stevens, regarding the proposed Aquatic Centre expansion and The YMCA-YWCA of Saint John -- be received and filed. Question being taken, the motion was carried. 15. Zoning By-Law Text Amendment Excavation Security Approvals Consideration was given to a report from the City Manager submitting, further to Council's instruction of September 25, 1995, a proposed Zoning By-Law text amendment with respect to excavation security approvals. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council set a public hearing date and authorize advertisement and refer to the Planning Advisory Committee for a report and recommendation the submitted amendment to the Zoning By-Law which would enable Council to delegate, to the Building Inspector, authority to approve the amount of security to be provided to the City to ensure the rehabilitation of a gravel pit, with the public hearing to be held on Monday, November 27, 1995 at 7:00 p.m. Question being taken, the motion was carried. 16. Tender For Front-End Loader On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Atlantic Tractors and Equipment Ltd., in the amount of $175,000 (plus taxes), be accepted for the supply of a new front-end loader complete with plow and wing, on a 7-year total cost bid contract, and the Mayor and Common 85-516 COMMON COUNCIL OCTOBER 16, 1995 Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 17. Standards For Non-Conforming Use - 34-38 DouQlas Avenue Consideration was given to a report from the City Manager commenting on the correspondence considered by Council on October 2 and October 10 on proposed standards for the non-conforming use at 34-38 Douglas Avenue; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council, pursuant to Section 41 (1) of the Community Planning Act, require that (a) the site and building at 34-38 Douglas Avenue be developed in accordance with detailed site and building elevation plans, to be prepared by the applicant and subject to the Development Officer's approval, indicating parking lot layout and surface treatment, landscaping, storefront design and signage details; (b) building and window signage be compatible with the heritage character of the neighbourhood, as determined by the Development Officer in consultation with the City's Heritage Planner; and (c) outdoor storage or display of merchandise be prohibited. During discussion it was noted that the suggestions in Mr. David Stevens' letter to Council on October 2 were taken into consideration in the above report from the City Manager. Question being taken, the motion was carried. 18. Helpdesk Consultant Establishment ChanQe Read a report from the City Manager advising that part of the rationale for the elimination of one of the two Assistant Information Systems Coordinator positions in Data Processing Services, as part of the Voluntary Adjustment Program, was that restructuring and redefining the roles and responsibilities of the remaining employees would allow Data Processing Services to create a Technical Helpdesk for the City of Saint John, with a new emphasis on education and additional automation, the Helpdesk to be an amalgamation of the Computer Operations and User Support areas of Data Processing Services, with the intent being to eliminate the five positions that now exist and replace these with five Helpdesk Consultant positions at a group 5 classification, and the Senior Computer Operator position to still exist and be shared between the Police and Fire Departments; also advising that staff has discussed this matter with representatives of CUPE Local 486 who concur with the proposed changes; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the positions of Senior Computer Operator, two Computer Operators (Shift), Information Systems Coordinator and Assistant Information Systems Coordinator, be deleted from the Establishment; and (2) five Helpdesk Consultant positions be added to the Establishment. Question being taken, the motion was carried. 19. Collective Agreement And Other Matters Saint John Fire FiQhters' Association Consideration was given to a report from the City Manager summarizing the Interest Arbitration Board Award, issued on July 28, 1995, with respect to a collective agreement with the Saint John Fire Fighters' Association, Local Union No. 85-517 COMMON COUNCIL OCTOBER 16, 1995 771, I.AF.F., which, while not finalizing all provisions for a new collective agreement, gave the parties a further opportunity to resolve certain issues related to promotions with a September 30, 1995 deadline; advising that negotiators for the parties were able to reach a tentative agreement on all outstanding issues on October 4 at which time the parties had an opportunity to discuss and tentatively resolve a number of other matters; and submitting for Council's ratification a copy of the new collective agreement between the City and the Association covering the period January 1, 1994 to December 31, 1997, as well as a copy of a proposed Letter of Agreement and a Letter of Intent with respect to an Unemployment Insurance rebate and promotions, respectively. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council: (a) ratify the Working Agreement with the Saint John Fire Fighters' Association, Local Union No. 771, I.AF.F., for the period January 1,1994 to December 31, 1997, and associated letters of agreement; (b) ratify the submitted Letter of Agreement between the parties in the matter of U.I.C. rebate; (c) ratify the submitted Letter of Intent regarding the principle of promotion from within the Fire Department; (d) subject to review as to legality and form, authorize the Mayor and Common Clerk to execute the above-mentioned Agreements and Letters on behalf of the City; and (e) authorize the City Manager to appoint two additional employees to permanent status, over and above the numbers specified in the Establishment of permanent positions, with the understanding that the number of permanent positions in the Fire Department will return to established levels through normal attrition. Mr. Groody, in highlighting the above agreements, advised that the Union has advised that it has unanimously ratified all negotiated portions of the collective agreement and, in recognition of the importance of the parties working together in cooperation and demonstrating the mutual concern for the public, the Union has withdrawn all grievances and arbitrations and, through some very direct and frank discussions which took place with the Fire Chief, there was a resolve reached by the two parties in that regard. Question being taken, the motion was carried. 20. Planning Advisory Committee Subdivision 320 Gault Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to the submitted photo- reduced amending subdivision plan with respect to 320 Gault Road that will (a) abandon the existing terminus of Gorvic Road (undeveloped); and (b) vest an approximate 41-square metre (442-square foot) future street; (2) authorize cost sharing outside the limits of the proposed subdivision, on the condition that the New Brunswick Housing Corporation agrees to require that the future development of this land only occurs on the basis of entering into one or more agreements with the City to ensure the following: (a) Gorvic Road is constructed to local street standards as outlined in the Subdivision By-Law; (b) municipal sewer and water mains and laterals, as well as a storm sewer system, is constructed to the specifications of the City; (c) public utilities are provided by an underground conduit system, subject to the approval of the City and the public utility agencies; and (d) the nature and amount of cost sharing be consistent with the provisions of the Subdivision By-Law; and (3) request the Engineering Department of the City of Saint John to consider remedial measures for the improvement of traffic safety at the intersection of Gorvic Road and the Gault Road based on the full residential development of the area. Question being taken, the motion was carried. 85-518 COMMON COUNCIL OCTOBER 16, 1995 21. Planning Advisory Committee Subdivision 201-207 KinQ Street West On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) authorize the preparation and execution of a City/Developer Agreement to ensure provision of the required work and facilities with respect to the subdivision at 201-207 King Street West; and (2) assent to any required municipal services or public utilities easements for the proposed townhouse development. Question being taken, the motion was carried. 22. Solicitor General Jane Barry Intersection Of Argyle Street, Fundy Drive & Havelock Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from The Honourable Jane Barry, Solicitor General, advising that it has recently come to her attention that some parents in the Fundy Heights area are concerned for their children's safety and are interested in establishing a crosswalk at the intersection of Argyle Street, Fundy Drive and Havelock Street, and asking that Mrs. Margaret Carvell of Dunn Avenue be contacted in this regard -- be referred to the City Manager. Question being taken, the motion was carried. 23. Transportation Minister Sheldon Lee Provincially-DesiQnated HiQhway Improvements On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Sheldon Lee, Minister of Transportation, advising that the Department of Transportation is now preparing to complete its next construction program for improvements to Provincially-designated highways within municipalities; and requesting that Council review its requirements and submit no later than November 30, 1995, a new five-year program indicating the proposed 1996 priorities as part of the five-year program, the improvements, typical design, approximate cost and priority of each request -- be referred to the City Manager. Question being taken, the motion was carried. 24. Saint John Horticultural Association 1995 Financial Outlook On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Horticultural Association reporting, on a preliminary basis, on its expected financial outlook for 1995 -- be received and filed and the Association be commended for managing to do the improvements to the Rockwood Park campground without financial assistance from the City. Question being taken, the motion was carried. 85-519 COMMON COUNCIL OCTOBER 16, 1995 27. Saint John Retired Members Association Amendments To City Of Saint John Pension Act On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Retired Members Association advising why it will be opposing amendments being recommended by the Pension Board to Common Council for submission to the spring session of the New Brunswick Legislature -- be referred to the Board of Trustees of the City of Saint John Pension Plan. Question being taken, the motion was carried. 29. New Brunswick Sports Hall Of Fame - Nomination Of Candidate On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from Yvette Finn, Chair of the Board of Governors of the New Brunswick Sports Hall of Fame, inviting Council to submit a nomination on behalf of a deserving candidate in the community -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk