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1996-04-15_Minutes 85-792 COMMON COUNCIL APRIL 15,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of April, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong; Director of Engineering; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager, Community Planning; G. Yeomans, Manager, Accounting Services; K. Galbraith, Manager of Public Affairs; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police Ms. C. Joyce, Assistant Common Clerk; and Mrs. L. Linton, Secretary. 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 Arthurs RESOLVED that minutes of the meeting of Common Council, held on Tuesday, April 9, 1996, be approved. Question being taken, the motion was carried. The Mayor noted the presence in the Council Chamber of members of the Harbour Station Commission and requested that item 12 on the agenda be considered at this time. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that item 12 of the agenda be brought forward for consideration at this time. Question being taken, the motion was carried. 12. Harbour Station Commission 1995 Annual Report & Financial Statements Mr. Bill Gale, Secretary-Treasurer of the Harbour Station Commission, introduced William Grant, Chairman; Paul Meier, Vice Chairman; Howard Crosley, General Manager; Michael Caddell, Assistant General Manager; and John Warrington, Director of Finance; and, referring to a Financial Overview (copies of which were distributed to Council members at this meeting), highlighted the Financial Statements of the Commission. Mr. Gale noted that the revenues increased by 10% and expenses decreased by 5% with a deficit of $305,931; and referred to the funding agreement between the Commission and the outlying municipalities and the rebate they received as a result of the 1995 cost per capita being reduced from $5.00 to $2.93. Mayor McAlary advised that she has received requests for Harbour Station to fly the City and Provincial Flags in conjunction with the Canadian Flag, and 85-793 COMMON COUNCIL APRIL 15,1996 that the City would donate the Flags for Harbour Station's use; and expressed appreciation to the Commission members and staff for the successful operation of Harbour Station. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the 1995 Annual Report and Financial Statements of the Harbour Station Commission be received and filed with appreciation. Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor proclaimed the week of Aril 21 to 27 as Volunteer Appreciation Week in the City of Saint John; noted that the Rotary Boys Choir has received two first place and one second place award from the International Boys Choir Festival held in Salem, Oregon; and commented on the City's Tourism and Communications Department Friends and Relatives Program. Mayor McAlary welcomed to the meeting Solicitor General Jane Barry who presented a cheque from the Province of New Brunswick, through the Canada Assistance Plan, in recognition of financial assistance provided by the City to Family Services, and noted that the Minister of Environment will be announcing a number of projects under the Environmental Trust Fund, some of which will directly benefit the City. 4. Bid Report - Roof Replacement ReversinQ Falls Tourist Information Centre On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the bid of Wm. P. Dowd Ltd., in the amount of $28,355 (all taxes included), plus $2.75 per board foot for any necessary deck replacement, be accepted for the replacement of the entire roof of the Reversing Falls Tourist Information Centre. Question being taken, the motion was carried. 5. Grants For Cultural Events Consideration was given to a report from the City Manager responding to a January 2 presentation by the Great Irish Famine Committee requesting assistance in its efforts to promote the commemoration of the Great Irish Famine, as well as to an approach to Venue Saint John by the Jazz & Blues Festival Committee with regard to an attempt of the Saint John Arts Council to organize an annual event to be known as the Saint John Jazz & Blues Festival beginning in 1996. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (a) Common Council provide to the Great Irish Famine Committee, for the 150th Anniversary Commemoration of the Great Irish Famine, a total grant of $5,000 to be paid from the unspecified grant fund - $2,500 in 1996 and $2,500 in 1997, and authorize the provision of office space within City Hall to the above-mentioned Committee for the period of May 1996 to August 1997 on a month-to-month basis; (b) the City of Saint John provide to the Saint John Jazz & Blues Festival a one-time grant in the amount of $4,000 to be taken from the unspecified grant fund; and (c) staff be authorized to provide assistance to these groups as services-in-kind from the Parks Division, as approved by the Commissioner of Community Services. Mr. Doug Evans was present at the meeting and, in response to a Council query, advised that the Jazz & Blues Festival will be held July 4 to 6 at Market Square. 85-794 COMMON COUNCIL APRIL 15,1996 (Councillor Trites withdrew from the meeting) Question being taken, the motion was carried. 6. License For Tour Boat And Food Concession - Fallsview Park Read a report from the City Manager submitting a recommendation further to the March 11 authorization in Committee of the Whole for staff to proceed with negotiations in response to a request from Mr. Marc Gosselin of Hargo Jet Boat Tour Inc. for a license to operate jet boat tours from the Reversing Falls. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the granting of a license to Hargo Jet Boat Tour Inc. to operate a boat tour and food stand in Fallsview Park, the license to contain the following provisions:- (a) the term to be five years commencing May 1, 1996; (b) the annual rent to be $500 plus G.S.T.; (c) termination by either party to be by written notice received on or before March 1 of each year of the term of the license; (d) the City reserves the right to cancel the license immediately for failure to comply with the terms of the license; (e) the licensee to keep in force liability insurance of not less than $1,000,000, naming the City of Saint John as co-insured; (f) the licensee to provide a performance guarantee of $10,000 guaranteeing that all structures and property of the licensee will be removed from the Park and the licensed area restored to the satisfaction of the Manager, Real Estate and Facility Management, within 30 days of the City being notified the licensee wishes to terminate the license, or at the end of the term of the license, or upon termination of the license by the City; (g) the licensor to permit the sale of souvenirs related to the boat tour and the right to sell snack foods and beverages within the licensed area; (h) the City retains the right to permit other uses within the Park, excepting boat tours of the Reversing Falls Rapids; (i) the area to be licensed to be approved by the Manager, Real Estate and Facility Management; U) the location and design of buildings, structures, signs, stairs and all improvements the licensee wishes to make shall be approved by the Manager, Real Estate and Facility Management; (k) the licensee to keep the licensed area, the area along the walkway to the licensed area, the hillside, and beach area around the wharf and stairs clean and free of litter at all times and not permit the obstruction of the walkway; (I) the licensee will not keep equipment and structures of any kind in the Park over the off season without the written permission of the Manager, Real Estate and Facility Management; (m) the licensee will not erect any signs without the written permission of the Manager, Real Estate and Facility Management; and (n) this license cannot be assigned to another company or individual; and the Mayor and Common Clerk be authorized to sign all necessary documents in this regard. (Councillor Trites re-entered the meeting) The adequacy of the amount of the liability insurance was questioned, and Mr. Wilson advised that a million dollars is believed to be a reasonable amount, and the insurance coverage is just for the dock, ramp and access as the City is not involved with the operation of the jet boat. Question being taken, the motion was carried. 7. Land ExchanQe - AnQus Street Consideration was given to a report from the City Manager submitting a recommendation further to Council's adoption on February 26 of a Planning Advisory Committee recommendation authorizing a boundary line adjustment between the property at 7 Angus Street and the adjacent land for public purposes property. 85-795 COMMON COUNCIL APRIL 15,1996 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council authorize the exchange of approximately 576 square feet of land located at 7 Angus Street, being the property of Annette McManus, for approximately 1,007 square feet of land located at 1 Angus Street, owned by the City of Saint John, subject to the following conditions:- (a) the lands are exchanged free and clear of all incumbrances; (b) Ms. Annette McManus pay all costs to subdivide and transfer titles to the respective owners; and (c) the transfer of titles to be completed before June 30, 1996. Question being taken, the motion was carried. 8. 1996 Regional Television Awareness/lmaQe CampaiQn Consideration was given to a report from the City Manager advising that M-5, the Saint John Visitor & Convention's Bureau's advertising agency of record, recommends that the City undertake regional television advertising within the Maritimes and Maine to heighten the awareness/image of Saint John, which would be further strengthened with the use of a toll-free line, the new Visitor Guide as the fulfilment piece, and a supporting regional newspaper advertising campaign; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the expenditure of approximately $105,000 for a television image/awareness campaign, and staff be authorized to pay the appropriate invoices in this regard. Deputy Mayor Chase asked that Council be given an opportunity to view the ad before it is aired. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting, not having been present for the April 9 public hearing for the Municipal Plan and re-zoning of 155 St. John Street and the re-zoning of property at Mill Cove.) 9(a) Municipal Plan Amendment (b) Zoning By-Law Amendment 155 St. John Street 9{a) On motion of Councillor Knibb Seconded by Councillor Deputy Mayor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 155 St. John Street (NBGIC Number 36514), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 85-796 COMMON COUNCIL APRIL 15,1996 9{b) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-403 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 155 St. John Street (NBGIC Number 36514), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition that would limit the use of the property to dwelling units and a consignment clothing store. The by-law entitled, "By-Law Number C.P. 100-403 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. 10. Zoning By-Law Amendment To Re-Zone Mill Cove Property On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "By- Law Number C.P. 100-404 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a portion of Mill Cove located adjacent to the Irving Pulp & Paper Limited mill, described as Lot 95-1 on an Amending Subdivision Plan showing Lot 95-1, Province of New Brunswick (Dept. of Natural Resources and Energy) Subdivision, situate Reversing Falls, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd., and dated May 1, 1995, from Unzoned River Area to "1-2" Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition requiring that an easement be granted to the City of Saint John for the required extension of the City sewer. The by-law entitled, "By-Law Number C.P. 100-404 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. (Councillor Vincent re-entered the meeting) 11. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, April 9, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council authorize the exchange of property at 555 Woodward Avenue (NBGIC Number 55046734) for 85-797 COMMON COUNCIL APRIL 15,1996 Walter Vincent's Fallsview Avenue property identified as NBGIC Number 378505, plus the sum of $27,000 on the following terms and conditions: (1) Mr. Walter Vincent must cease all legal action against the City with respect to his Fallsview Avenue property (NBGIC Number 378505); (2) Mr. Walter Vincent agrees not to pursue any future claim against the City pertaining to the Fallsview Avenue property (NBGIC Number 378505); (3) Mr. Walter Vincent accepts the 555 Woodward Avenue property (NBGIC Number 55046734),on the understanding that this exchange does not implicitly or explicitly obligate the City to approve any future re-zoning or subdivision applications; (4) the lands be exchanged free and clear of all incumbrances; (5) the City offers no warranty as to the development potential or environmental conditions of the 555 Woodward Avenue property; and (6) each party to this transaction pays its own costs; and further that the Mayor and Common Clerk be authorized to execute all such documentation deemed to be acceptable to the City Solicitor as to form and legality, and is necessary to give effect to this recommendation. 2. That as recommended by the City Manager, Common Council approve the secondment of Mr. Patrick Woods to the Madawaska Region Study, under the conditions as set out in the submitted request from the Minister of Municipalities, Culture and Housing, plus agreement by the Province that it would be responsible for covering any other incremental costs that the City may encounter as a result of the secondment. April 15, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 11.1. Land Exchange Fallsview And Woodward Avenues On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 11.2. Staff Secondment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 13. Donald W. Smith - Appearance Of Two Properties In Fundv HeiQhts On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Donald W. Smith asking, further to his letter to Council on November 28, 1994, for repairs to be made to two City-owned properties in Fundy Heights, one being the City of Saint John standpipe property located directly across from the Martello Tower, the other being the building located on the Beaconsfield playground property -- be referred to the City Manager for follow-up. Mr. Totten explained that the issue of the water tower would be a major undertaking, and Mr. Armstrong advised that the City has been making major improvements in the West Side water system, with one of the last major elements to 85-798 COMMON COUNCIL APRIL 15,1996 address being the water tower at Martello Tower and, while there are funds in the budget to touch-up the paint on the tank, the City is not prepared to repaint it entirely at this time in anticipation of replacing it within the next 2 to 3 years. Question being taken, the motion was carried. 14. Petition In Opposition To Summer Closure Of Prince William Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the petition in objection to Blake Armstrong's proposal to Council to close off a major portion of Prince William Street in the evenings during the four summer months for the purpose of public entertainment; and asking Council to take no further action in this regard -- be received and filed. Question being taken, the motion was carried. 15. UNBSJ - Assistance For CALECS Project On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that the letter to the Mayor from Mr. Rick Miner, Vice President (Saint John) of the University of New Brunswick, advising that any support and assistance that could be provided would be most appreciated with respect a project involving the establishment of a Centre for Applied Learning in Electronic Commerce Strategies (CALECS) as explained in the submitted CALECS Start-Up Implementation Plan, and offering to meet to explain the project -- be received and UNBSJ be invited to make a presentation to Council in this regard. The initial motion proposed by Councillor Knibb and seconded by Councillor Vincent was to refer the matter to the City Manager, whereupon the Mayor advised that the reason she put the letter on the agenda was for Council's information and suggested that, as at this time UNB is not exactly asking the City for funding, a motion would be in order to invite UNBSJ to make a presentation to provide Council with more information on the project. Question being taken, the motion was carried. 16. Civic Unions Locals 18, 61, 486 & 771 City Of Saint John Retirees Association Amendments To City Of Saint John Pension Plan On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letters from the Outside Workers, Civic Employees Local Union No. 18 C.U.P.E.; the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E; the Inside Workers, Saint John City Hall Employees' Local 486, C.U.P.E.; the City of Saint John Fire Fighters; and the City of Saint John Retirees Association, setting out an amendment that is necessary in the package of pension changes to be presented to the Provincial Legislature as it pertains to the City of Saint John Pension Act -- be referred to the Board of Trustees of the City of Saint John Pension Plan. Councillor Knibb, a Trustee on the Board of Trustees of the City of Saint John Pension Plan, advised of the Board's special meeting on April 16 to deal with the subject letters, and reviewed the background leading up to Council's adoption on January 29 of the recommendation of the Board of Trustees of the City of Saint John Pension Plan to have Common Council present Pension Act amendments to the spring 85-799 COMMON COUNCIL APRIL 15,1996 session of the New Brunswick Legislature, noting that the above letters could jeopardize the proposed amendments. Mr. Wilson commented on the basis that, although the above letters indicate that the requested amendment is necessary, not only is this amendment not necessary, the amendments presently before the Legislature are not necessary but rather seen as beneficial; and explained the effect the above-requested amendment would have on the Fund's surplus, as well as the ramifications if the amendments were not passed by the Legislature, one being that if a surplus should result there could be a reduction in the employer's contributions to the Fund as a result of Revenue Canada regulations. Mr. Wilson outlined the options which could be taken by Council, and recommended that the City move ahead in an attempt to get the amendments that are before the Legislature passed. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that Common Council confirm its support of the proposed amendments to the City of Saint John Pension Act which are presently before the Legislature. The initial motion was that the Pension Board proceed with the amendments presently before the Legislature. During discussion Councillors Vincent and Fitzpatrick questioned the propriety of Council telling the Pension Board what to do; and Mr. Rogers noted that, as the City initiates the legislation with respect to its Pension Act and it is not the Board's decision to press on to the Legislature, if Council wishes to proceed as recommended by the Commissioner of Finance, this should be a Council decision and the resolution could be taken to the Board, whereupon the Mayor called for the question on the motion for Council to confirm its support for the amendments put forward to the Legislature. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". 17. Gregory Place Residents' Opposition To Re-ZoninQ Of Mill Cove Property On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the petition from the residents of Gregory Place in opposition to the Irving Pulp & Paper, Limited application for the re-zoning of Mill Cove property adjacent to the Reversing Falls -- be received and filed. Mayor McAlary noted Council's action under item 10 on the agenda of this meeting. Question being taken, the motion was carried. Presentation to Frank RodQers. City Solicitor Mayor McAlary made the observation that, as Mr. Rodgers would be retiring from the City's employ on April 19 having served as City Solicitor since November 17, 1969, this would be the last Common Council meeting at which he would be present as City Solicitor; and, in appreciation for his dedication and loyalty, presented Mr. Rodgers with a gift on behalf of the members of Common Council. Mr. Rodgers, in accepting the gift, expressed appreciation, as well as the hope that he has contributed to society generally in Saint John and to municipal law and local government in particular. 85-800 COMMON COUNCIL APRIL 15,1996 Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Assistant Common Clerk