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1996-05-27_Minutes 85-849 COMMON COUNCIL MAY 27,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of May, AD. 1996, at 4:00 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; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; G. Yeomans, Acting Deputy Commissioner of Finance; W. Edwards, Building Inspector; J. Baird, Manager, Community Planning; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Rev. George Davis, Co- pastor of Saint John Alliance Church, 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 May 21, 1996 be approved. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add to the agenda of this meeting an item with respect to the schedule of Council meetings. On motion of Deputy Mayor Chase Seconded by Councillor Gould RESOLVED that an item concerning the schedule of Council meetings be added to the agenda for consideration as item 4A Question being taken, the motion was carried. Mavor's Remarks Mayor McAlary proclaimed the week of May 27 to June 2 as National Access Awareness Week in Saint John; June as ALS Awareness month in Saint John; and May 27 to 31 as Missing Childrens Week in Saint John; noted two events being held on June 1 st, namely, ACAP Saint John's third annual paint swap and the National Transportation Week and Saint John Port Corporation's picnic at Pugsley Park. The Mayor noted the presence in the Council Chamber of Greg Zed and Cherry Thorne of the St. Joseph's Hospital Foundation who updated Council on to their annual fund raiser Play Ball for St. Joseph's being held on June 15th in conjunction with Forest Hills Family Fun Day. Councillor Ball referred to the Saint John Festival of Jazz and Blues which is taking place July 4, 5 and 6. 85-850 COMMON COUNCIL MAY 27,1996 Mayor McAlary expressed appreciation to Premier McKenna for supporting Saint John and for the 650 call centre jobs announced by Air Canada. Councillor Knibb mentioned operation of the jet boat through the Reversing Falls will commence this Saturday, June 1. 4. Re former Odeon Theatre. Charlotte Street Consideration was given to a letter from Councillor Waldschutz regarding the decision by the Preservation Review Board to permit the demolition of the King's Square Theatre (Odeon Theatre) on Charlotte Street noting that decisions of the Board are appealable to the Provincial Planning Appeals Board which has indicated that the earliest the first hearing is likely to be held is in November, however, the demolition permit had a two week delay and became effective May 24 and can be acted upon; and asking if a court order restraining the applicant from exercising the right granted by the permit could be obtained. 18. Letter from Justin Hvslop re former Odeon Theatre Consideration was also given to a letter from Justin Hyslop with respect to the proposed demolition of the Odeon Theatre at 95-97 Charlotte Street and his search for a solution to keep the theatre standing as a reminder of the past and an integral piece of Saint John's cultural puzzle. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that Justin Hyslop be granted permission to address Council at this time. Question being taken, the motion was carried. Mr. Justin Hyslop of Prince Edward Street Apartments appeared before Council in support of a crusade to save the former Odeon Theatre on Charlotte Street, noting its significant historical value and the City's need for another entertainment venue for amateur theatre groups, film societies and musical operations with less formality than the Imperial Theatre and this building which was built as a theatre would service this use and be a place where the artists could practise and perform; and by prolonging the building's life it would open the opportunity for an organization to be established to purchase and renovate the building. Mr. Hyslop was commended for his interest and efforts, and during discussion it was agreed there would be no problem in asking the Empire Theatres Limited to delay demolition to see if there are any private sector proposals that may be worthwhile and may come forward, and caution was expressed against any false hope that the City will step in with funding. Councillor Waldschutz advised Mr. Hyslop has presented him with a petition in support of a delay in demolition and presented it to the Common Council. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the above letter be received and filed and Mr. Hyslop be commended and congratulated for his efforts. Question being taken, the motion was carried. On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the Mayor, on behalf of the citizens and Council, write to the owners of King's Square Theatre requesting that they delay demolition of the building until the matter has been dealt with by the Provincial Planning Appeal Board, and after consultation with City officials. 85-851 COMMON COUNCIL MAY 27,1996 Councillor Waldschutz, a member of the Preservation Review Board, advised that a Certificate of Appropriateness for the demolition of the building has been issued, and that the City has one more step, that is to issue a building permit, and it is possible that that process may not allow them to proceed; the Empire Theatres Group has been good corporate citizens by keeping the building heated and protected from vandals; and that it is unrealistic to expect a purchaser to enter into some venture which is not economically viable and if by late fall there is no chance of development then the building should be destroyed. The initial motion was to write to the owners of King's Square Theatre requesting that they delay demolition of the building until after December 31, 1996, however, following a suggestion by Councillor Trites that the motion make reference to delaying demolition until after consultation with the City and after the matter has been dealt with by the Provincial Planning Appeal Board as there is no sense of prolonging the life of the building, the proposed motion was changed. Councillor Vincent asked that Council be fully briefed on other facts that may be available in regard to this matter. Question being taken, the motion was carried. 4A. Schedule of Council meetinQs Consideration was given to a letter from Mayor McAlary (copies of which were distributed at this meeting) proposing that Council adopt the submitted schedule of bi-weekly meetings for June, July and August with the first meeting in the month of September to be held on Tuesday, September 3 at 4:00 p.m. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED the Council adopt the following schedule of Council meetings:- Monday, June 3 Monday, June 17 Tuesday, July 2 Monday, July 15 Monday, July 29 Monday, August 12 Monday, August 26 Tuesday, September 3 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 4:00 p.m. Question being taken, the motion was carried. 5. Tender For Contract 96-6 MillidQe Avenue - Summit Drive storm sewer construction On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 96-6, Millidge Avenue - Summit Drive storm sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $167,122.40, 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. 85-852 COMMON COUNCIL MAY 27,1996 6. Ruth R. Koven Re Hatheway Trust Proposal For Labour Temple On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager in response to a letter from Mrs. Ruth Koven requesting information on the Hatheway Trust Labour Temple project and its connection with Lily Lake, which was referred by Council on April 22, 1996 -- be received and filed and a copy be forwarded to Mrs. Koven. During discussion the City Manager advised that staff have had a number of discussions with members of the Hatheway Trust and that a report will be submitted to Council within the next three weeks for a decision. Deputy Mayor Chase be asked that Council be given a teach-in on the Rockwood Park Master Plan. Question being taken, the motion was carried. 7. Proposed amendment to City Market By-Law re Julv 1 - Canada Dav openinQ Read a letter from the City Manager advising that Canada Day, July 1, falls on Monday this year and bring a large number of people into the uptown area because of the festivities and the Annual Flea Market held on City streets; that the tenants of the City Market view this as an excellent opportunity for the facility to be open; and recommending that Common Council give first and second readings to the submitted City Market By-Law amendment. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the City Market By-Law to permit the City Market to be open on July 1, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the City Market By-Law to permit the City Market to be open on July 1, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. 8. Debmar Enterprises Ltd. Lease of land 154 Thorne Avenue Read a letter from the City Manager advising that Mr. Gerald Gallagher, the owner of Debmar Enterprises Ltd. has requested to lease a portion of the City- owned property on Thorne Avenue which is part of the Thorne Avenue Treatment Plant parcel, but is not required for the operation of the plant; that the City has no intention of disposing of the 3/4 acre surplus portion of the subject property; that the City is currently leasing a 1,625 m2 strip of this surplus portion to Brian's Lounge for parking purposes and that Mr. Gallagher has requested to lease the remaining surplus portion of the Thorne Avenue parcel, (1 ,416m2) as shown on the submitted plan) for the purpose of operating a seasonal retail operation; and recommending that approval be granted for the lease of that portion of NBGIC 411710, measuring 1 ,426m2 more or less, as generally shown on the submitted plan to Debmar Enterprises Ltd., for a period 85-853 COMMON COUNCIL MAY 27,1996 of 5 1/2 years commencing on June 3, 1996 and ending on December 31, 2001, for the purpose of erecting buildings to operate a seasonal retail business involving the sale of plants, flowers, shrubs; garden/fresh produce; ice cream and other sundry products; Christmas Trees and related seasonal products, on the terms and conditions as outlined. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above matter be referred back to the City Manager for one week. Councillor Trites noted that Debmar is to be given right of first refusal if the City should decide to sell all or a portion of the property and referred to a policy whereby the City consults with adjacent land owners first and that in this particular instance neither land owner has been consulted and asked that this be referred to the City Manager to clarify that issue with the adjacent land owners. Question being taken, the motion was carried. 9. Easement Estate of Jack D. Kidd 20 Neptune Avenue On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00 to execute a Grant of Easement in favour of V. Blaine Justason, Lois K. Kidd and Helen Lucinda (Dover) Kidd in their capacities as Executors of the Estate of Jack Kidd, deceased, the present owners, to permit the encroachment of the dwelling house at 20 Neptune Avenue upon the said Neptune Avenue, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. 10. Municipal Plan Amendment and Re-zoning 42 Broad Street, 33 Broadview Avenue and 251 Sydney Street Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Harris & Roome Supply Limited and the City, concerning property at 42 Broad Street, 33 Broadview Avenue and 251 Sydney Street, have been completed, and the date for objections expired on May 22, 1996, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the application of Harris & Roome Supply Limited and the City for a Municipal Plan amendment and re-zoning of property at 42 Broad Street, 33 Broadview Avenue and 251 Sydney Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, July 2, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 85-854 COMMON COUNCIL MAY 27,1996 11. Municipal Plan Amendment and Re-Zoning 22, 26, 30 and 32 Pokiok Road Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to property at 22, 26, 30 and 32 Pokiok Road, have been completed, and the date for objections expired on May 22, 1996, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the proposed Municipal Plan amendment and re-zoning of property at 22, 26, 30 and 32 Pokiok Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, July 2, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. 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, May 21, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites and Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the current lease for Market space with Billy's Seafood Company Ltd., dated January 17, 1994, be amended to provide for a monthly rental of $2,600 effective March 15, 1996, and an option for a two-year extension to the term of the lease; (2) with respect to the rental arrears of $24,228, a deferral of payment for twelve months be granted, provided that a chattel mortgage is obtained on assets of the Company to the value of the arrears, and that negotiations be undertaken, at the end of the twelve months, to set up a repayment schedule for the arrears; (3) Billy's Seafood Company Ltd. be given 48 hours to accept this offer; and (4) the Mayor and Common Clerk be authorized to sign all related documents. May 27, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 12.1 City Market - Billv's Seafood Company Ltd. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. During discussion, Councillor Brown expressed his opposition to the proposed motion. Question being taken, the motion was carried with Councillor Brown 85-855 COMMON COUNCIL MAY 27,1996 voting "nay". 13. Response from Minister of Advanced Education and Labour re Workers' Compensation Act On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Minister of Advanced Education and Labour acknowledging receipt of Common Council's resolution of April 22, 1996 with respect to the requirement for a three-day waiting period without pay for employees injured in the line of duty and advising that the resolution was tabled at the Board of Director's meeting of the Workplace Health, Safety and Compensation Commission on April 30 to May 2, 1996 -- be received and filed. Question being taken, the motion was carried. 14. Helena Harvey, President City Market Merchants and Tenants Association On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Helena Harvey, President of the City Market Merchants and Tenants Association submitting a petition from the majority of the merchants and tenants of the City Market requesting a change in the hours of operation from 7:30 a.m. to 8:00 a.m. -- be referred to the City Manager for a report. Question being taken, the motion was carried with Councillors Gould and Waldschutz voting "nay". 15. Richard Matheson re Simms Corner On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Richard Matheson submitting a suggestion which he believes has merit towards resolving the traffic hazard potential at Simms Corner -- be received and filed and Mr. Matheson be thanked for his interest. Question being taken, the motion was carried. 16. Natalie Granger and Barbara Reicker re plaVQround at Rockwood Avenue and Oakland Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Natalie Granger and Barbara Reicker submitting a petition from area residents objecting to the sale of the playground at the corner of Rockwood Avenue and Oakland Street and advising that the playground is used by the children of the area, including those in the nearby Morland Trailer Park -- be referred to the City Manager for a report. Question being taken, the motion was carried. 17. Richard & Co Architecture Inc. Re-zoninQ. 133 RaQQed Point Road On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 85-856 COMMON COUNCIL MAY 27,1996 RESOLVED that the application of Richard & Co. Architecture Inc. for the re-zoning of property at 133 Ragged Point Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, July 2, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk