1996-06-03_Minutes
85-857
COMMON COUNCIL
JUNE 3, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the third day of June, AD. 1996, 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; J. Nugent, Acting City Solicitor;
G. Yeomans, Acting Deputy 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; D. Logan,
Purchasing Agent; J. Baird, Manager of Community Planning; C.
Campbell, Planner; G. Tait, Fire Chief; A Bodechon, Assistant
Deputy Chief of Police; 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 Reverend James Fudge,
Chaplain of the Saint John Police Force, 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 May 27, 1996, be approved.
Question being taken, the motion was carried.
10. Mavor's Remarks
Mayor McAlary welcomed to the Council Chamber members of the
Portland United Cub group; and, in recognizing the efforts of the Atlantic Coastal Action
Program (ACAP) Saint John in its third annual Paint Swap on June 1, presented a
plaque to Ms. Gay Wittrien, Chairman of the 1996 Paint Swap, in appreciation of ACAP
Saint John's promotion of this environmental project.
Environment Week Essav & Poster Contest
Mayor McAlary, accompanied by Ms. Gay Wittrien, Vice Chairman of the
City's Environment Committee, recognized the children from School District 8 who were
selected to receive prizes in the Committee's Annual Environment Week Essay and
Poster Contest, and presented certificates and cash prizes where applicable as
follows:- Poster Contest - Honourable Mention: Maggie Vallis, a Grade 1 Student
from the Welsford Elementary School, Heather Hatchkiss, a Grade 3 Student from the
Grand Bay Elementary School; and Warren Cameron, Jordan McLeod, Lauren
Henderson, Tricia Stubbert and Katelynne Eagan, Kindergarten Students from the Glen
Falls School; Kindergarten - 1st, 2nd and 3rd Prize Winners, respectively: Scott
Lingley, Jordan Vallis and Kirk Lyon from the Welsford Elementary School; Grade 1 -
1st, 2nd and 3rd Prize Winners, respectively: Teegan J. Scott, Jasmine Grime and
Dillyn Wilson from the Glen Falls School; Grade 3 - 1st, 2nd and 3rd Prize Winners,
respectively: Hilary Park, Natilie Lavoilette and Ashley Claessen from the Morna
Heights School; and Essav Contest - Honourable Mention: Vanessa Berg, a Grade 5
Student from the Bayview School, and Justin Sollows, a Grade 6 Student from the M.
Gerald Teed School;
85-858
COMMON COUNCIL
JUNE 3, 1996
Grade 5 - 1 st, 2nd and 3rd Prize Winners, respectively: Brandon Lanteigne, Meghan
Jansen and Lynne Olsen from the St. Rose School; and Grade 6 - 1st, 2nd and 3rd
Prize Winners, respectively: Elizabeth Zed, Susan Hannan and Heather Doiron from
the M. Gerald Teed School.
3(a) Municipal Plan Amendment And
(b) Re-ZoninQ 1060 ManawaQonish Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, a property at 1060 Manawagonish Road
(NBGIC Number 55107205), located at the intersection of Manawagonish Road and
Manchester Avenue and having a lot area of approximately 1,379 square metres, from
Major Institutional to District Centre Commercial classification; and (b) the proposed re-
zoning of the same property from "R-1A" One-Family Residential to "B-2" General
Business classification, to permit the development of an office/retail building on the lot,
as requested by Action Consulting Group Ltd., and no written objections were received
in this regard.
3{c)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report and two letters, one in
favour of the proposal and one expressing concerns about the types of uses that may
be established under the proposed "B-2" zoning, which were considered at the
Committee's May 28 meeting at which the Committee, after considering the report,
letters and presentations, decided to adopt the staff recommendation with an additional
Section 39 condition which would prohibit the establishment of a convenience store,
fast food restaurant and video arcade; and recommending that Common Council: (1)
redesignate on Schedule 2-A of the Municipal Development Plan, from Major
Institutional to District Centre Commercial classification, a property located at the
intersection of Manawagonish Road and Manchester Avenue with a lot area of
approximately 1,379 square metres, being civic number 1060 Manawagonish Road
(NBGIC Number 55107205); and (2) re-zone the same property from "R-1A" One-
Family Residential to "B-2" General Business classification, subject to a resolution
pursuant to Section 39 of the Community Planning Act setting out the following
conditions:- (a) all parking areas, aisles, manoeuvring areas and driveways must be
paved with asphalt and, where deemed necessary by the Development Officer,
enclosed by poured-in-place concrete curbs to protect landscaped areas and facilitate
proper drainage; (b) adequate site drainage facilities must be provided to the
satisfaction of the Engineering Department; (c) all areas of the site which are not
occupied by buildings, driveways, walkways and parking areas must be landscaped; (d)
the site must be developed in accordance with a site plan, prepared by the proponent
and subject to the approval of the Development Officer, indicating the location and
treatment of all buildings, parking areas, driveways, signs, landscaped areas and other
site features, and no building permit will be endorsed by the Development Officer
(except site preparation and foundation) until the site plan is approved, such site plan to
be attached to the building permit for the development; (e) all site improvements
indicated on the site plan must be completed within one year of building permit
approval; and (f) the development must not include a convenience store, fast food
restaurant or video arcade.
Mr. Graeme Scaplen, President of Action Consulting Group Ltd.,
appeared in support of the application as the developer and owner of the proposed
project at what is known as Purdy's Corner; and, in expressing satisfaction with the
recommendation of the Planning staff, asked Council to reconsider the additional
Section 39 condition recommended by the Planning Advisory Committee with respect to
a video arcade, a convenience store and fast food restaurant. Mr. Scaplen advised
that, although he does not have any specific plans at this particular time for a
convenience store, an arcade or a fast food outlet in the approximate $1 million up-
scale office/retail complex proposed for the subject site which is intended to be a
service-type of retail and office, he would not want to be subject to too many
restrictions that may harm him in the future in order to develop the project satisfactorily;
and addressed the issues of parking on the site and traffic in the area, the former
85-859
COMMON COUNCIL
JUNE 3, 1996
based on his understanding that the Planning staff imposed a restriction that would
require him to come back to Council for anything that would require additional parking
as there is limited parking on the site, and the latter in that, while he believed the
Planning Advisory Committee's objection was one of a traffic concern, there was no
concern expressed by Engineering staff in the Planning staff's report.
Councillor Vincent questioned the indication in the Planning staff's report
to the Planning Advisory Committee that, while the site plan shows fourteen parking
spaces to be provided for the development which would be sufficient only if the entire
building is devoted to general business offices, more parking would be required by the
Zoning By-Law if the use of the building includes medical/dental offices and/or retail
and service uses; and Mr. Baird explained that it would be possible for the applicant to
redesign the building somewhat so as to provide adequate or additional parking from
the fourteen spaces shown, thus there is some option as the project is refined and a
final site plan is produced that may allow the applicant to meet the parking requirement,
as well as provide some of the ancillary services referenced by Mr. Scaplen. Mr.
Scaplen clarified that he has no problem with the convenience store or video arcade
exception, but rather with the fast food which is a very general type of restriction.
On motion of Councillor Knibb
Seconded by Councillor Vincent
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 property at 1060 Manawagonish Road (NBGIC Number
55107205), located at the intersection of Manawagonish Road and Manchester Avenue
and having a lot area of approximately 1,379 square metres, from Major Institutional to
District Centre Commercial classification, be read a first time.
Councillor Trites asked if, should Council approve the Committee's
recommendation as is or by eliminating the fast food restaurant, the building could be
redesigned and the additional parking accommodated without coming back to the
Planning Advisory Committee or Council, to which Mr. Baird replied that it is possible
that the applicant could do that and meet the parking requirements; however, if the
Committee's recommendation were adopted, the matter would have to come back to
Council even with a redesign, whereas, with respect to the recommendation contained
in the Planning staff's report, a redesign may allow the applicant to meet the
requirements of the By-Law; and advised that the Zoning By-Law refers to a take-out
restaurant rather than a fast food outlet and distinguishes between a take-out and a
restaurant where the capacity is governed by the number of seats.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor Vincent
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 property at 1060 Manawagonish Road (NBGIC Number
55107205), located at the intersection of Manawagonish Road and Manchester Avenue
and having a lot area of approximately 1,379 square metres, from Major Institutional to
District Centre Commercial classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A Law To Amend The Municipal
Plan By-Law".
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
85-860
COMMON COUNCIL
JUNE 3, 1996
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property at
1060 Manawagonish Road (NBGIC Number 55107205), located at the intersection of
Manawagonish Road and Manchester Avenue and having a lot area of approximately
1,379 square metres, from "R-1A" One-Family Residential to "B-2" General Business
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, 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 Deputy Mayor Chase
RESOLVED that the by-law to amend
the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property
at 1060 Manawagonish Road (NBGIC Number 55107205), located at the intersection of
Manawagonish Road and Manchester Avenue and having a lot area of approximately
1,379 square metres, from "R-1A" One-Family Residential to "B-2" General Business
classification, pursuant to Section 39 of the Community Planning Act as recommended
by the Planning Advisory Committee, 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 Waldschutz
RESOLVED that the correspondence
regarding the above-proposed amendments be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment To
Re-Zone 19-21 Garden Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of 19-21 Garden Street (NBGIC
Numbers 38331 and 38349), from "RM-1" Three-Storey Multiple Residential to "B-1"
Local Business classification, to permit the conversion of the existing one-family
dwelling to a beauty salon, as requested by Penny A Crossman, and no written
objections were received in this regard, with 4{c) a letter having been received from
Darlene Lomax, owner of the subject property, requesting that the re-zoning process
cease and the application fee of $200 be returned as no time was permitted the
applicant to address the recommendations of the Planning Department during the
meeting of May 14.
4{b)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report considered at the
Committee's May 14 meeting at which the applicant was present with her husband and
Mr. Art Melanson of Royal LePage Summit Real Estate Services Ltd. in favour of the
proposal and indicated that, in response to staff's concerns about parking as detailed in
the report, they would be able to lease the vacant lot adjacent to the subject property
for additional parking area and staff advised that such a change would require the
submission of a new application (and re-advertising of the proposal) because the
additional land would also need to be re-zoned to "B-1" if it were to be used in
conjunction with the proposed development as this land was not advertised as part of
the present proposal; and recommending that the application not be approved.
85-861
COMMON COUNCIL
JUNE 3, 1996
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that Common Council approve
the withdrawal of the application of Penny A Crossman for the re-zoning of property at
19-21 Garden Street, as requested by Darlene Lomax, owner of the subject property.
On the issue of the letter requesting withdrawal having been signed only
by the property owner and not the applicant, Mr. Nugent expressed the opinion that, as
the application for re-zoning was also signed by Darlene Lomax who is the person
requesting that the application be withdrawn, it would be appropriate for Council to
consider the request of the owner, who is the person primarily entitled to make the
application for re-zoning, to withdraw the application. With respect to the request for a
return of the application fee and agreement to include the return of the fee in the above
motion, Councillor Trites expressed concern about the precedent that could be set
should Council refund the $200 application fee in a situation like this where the
Planning Advisory Committee has recommended denial of the application, and the
Mayor suggested that Council should first deal with the motion to withdraw the
application and then consider the request for return of the application fee.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the application fee of
$200 for the re-zoning of property at 19-21 Garden Street be returned as requested by
Darlene Lomax, the property owner.
Councillor Knibb suggested that the application was based on the
assumption that a low cost would be possible with respect to a very small property;
however, when it became apparent that the applicant would be required to involve an
adjoining property in order to provide parking, the feasibility of the project ran out, thus
this seems to be a fair request and one that need not create precedent; and Mr. Baird,
in noting that there have been instances where Council has agreed to return the fee,
advised that, when the parking requirements became clear to the applicant, the
feasibility of the project came apart.
Question being taken, the motion was carried with Councillor Trites
voting "nay".
5(a) Zoning By-Law Amendment To
Re-Zone 2805 Golden Grove Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of 44 acres of land situated at 2805
Golden Grove (NBGIC Number 349803), from "RF" Rural and "RFM" Rural Mobile
Home to "RR" One-Family Rural Residential classification, to allow for the development
of approximately 23 one-family residential lots with two new public streets, as
requested by Dexter Construction Company, Limited, and no written objections were
received in this regard.
5{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of the Planning staff's report considered at the
Committee's May 28 meeting at which, unfortunately, staff was unable to provide a
formal recommendation regarding the proposed re-zoning and subdivision due to the
lack of input from various City and Provincial departments and public utility agencies,
and the applicant expressed support for the staff recommendation that the matter be
tabled but the public hearing be held as advertised; and recommending that Common
Council hold the public hearing but not make a decision until the Committee is able to
85-862
COMMON COUNCIL
JUNE 3, 1996
make a recommendation.
Mr. R. Turner of Hughes Surveys & Consultants Ltd. appeared in support
of the above application, and advised that the Planning Advisory Committee's
recommendation is acceptable to his client.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that application of Dexter
Construction Company, Limited, for the re-zoning of 2805 Golden Grove Road be laid
on the table until the Planing Advisory Committee is able to make a recommendation.
Question being taken, the tabling motion was carried.
6(a) Zoning By-Law Amendment To
Re-Zone 1203 Hillcrest Road
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of approximately 16 acres of land
situated at 1203 Hillcrest Road (NBGIC Number 331546), from "RS-1" One- and Two-
Family Suburban Residential to "RR" One-Family Rural Residential classification, to
allow for the development of approximately 1 0 one-family residential lots with new
public streets, as requested by Hughes Surveys & Consultants Ltd. for Mark and
Cynthia Kierstead, and no written objections were received in this regard.
6{b)
Consideration was given to a report from the Planning Advisory Committee
submitting a copy of the Planning staff's report considered at the Committee's May 28
meeting at which, unfortunately, staff was unable to provide a formal recommendation
regarding the proposed re-zoning and subdivision due to the lack of input from various
City and Provincial departments and public utility agencies, and the applicant
expressed support for the staff recommendation that the matter be tabled but the public
hearing be held as advertised; and recommending that Common Council hold the
public hearing but not make a decision until the Committee is able to make a
recommendation.
Mr. R. Turner of Hughes Surveys & Consultants Ltd. appeared in support
of the above application and, having noted the similarity of the subject application and
that dealt with under item 5 above, offered to respond to Council queries.
(Councillor Fitzpatrick withdrew from the meeting.)
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that application of Hughes
Surveys & Consultants Ltd. for Mark and Cynthia Kierstead for the re-zoning of 1203
Hillcrest Road be laid on the table until the Planning Advisory Committee is able to
make a recommendation.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the tabling motion was carried.
The Mayor asked Council's permission to move item 25 forward at this
time.
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that item 25 on the
agenda be considered at this time.
85-863
COMMON COUNCIL
JUNE 3, 1996
Question being taken, the motion was carried.
25. Legal Session Resolution
Harbour Station BudQet Increase
Read a letter from the Common Clerk submitting for Council's
consideration a resolution adopted in Legal Session of Common Council on Tuesday,
May 21, 1996, regarding an increase in the budget for Harbour Station.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as requested by The
Market Square Corporation, the budget for Harbour Station be increased by $132,518,
to a new total of $20,447,122, subject to the signing of appropriate release
documentation.
Councillor Gould expressed the opinion that the above resolution is
either incomplete or confusing and asked if the City is attempting to reach a settlement
with the prime contractor through this procedure and that, if the total amount of
$250,092 derived from adding $132,518 to the surplus of $101,574 plus the $16,000
payment made in February is the amount to which Council was introduced behind
closed doors and is still there. Councillor Gould suggested that it is time for Council to
table all the documents, reports and consultants' reports concerning this issue so that
the citizens will know what it is all about, and advised his intent to vote against the
above motion. The Mayor made the observation that on May 21,1996 Council met in
Legal Session with representatives of The Market Square Corporation and went over
the complete set of figures for Harbour Station and any additional costs that may have
arisen through changes in the contract throughout the years of building Harbour
Station, and the above represents a complete final payment to Meridian Construction
which will sign release papers to the City on Harbour Station.
Question being taken, the motion was carried with Councillor Gould
voting "nay".
Councillor Gould advised his intent to propose a motion, if the Mayor
would so accept it otherwise he would give notice of his intent to present it at the next
meeting of Council, concerning the release to the public of all documents, consultants'
reports and tapes with respect to Harbour Station, subject to the Solicitor, and the
Mayor indicated that she would accept a motion at this time.
On motion of Councillor Gould
Seconded by Councillor Fitzpatrick
RESOLVED that subject to the City
Solicitor's approval, all documents, consultants' reports and tapes with respect to
Harbour Station be released for public information.
Mr. Nugent made the observation that, presumably, over the period of
time the Harbour Station project has been before Council, there have been instances
where Council has met in Legal Session to discuss various aspects of the project and
that, as he is unfamiliar with all the single instances of such meetings, he would be
unprepared at this point to advise that whatever privilege was felt necessary to cause
those Legal Sessions even to be held is something that should be surrendered, that it
would be in Council's best interest to waive that; and advised that, if Council so wishes,
he would consider whether or not the information and the proceedings of those Legal
Sessions could be made public, but he would have to examine those meetings and the
consequences of the material in them before expressing an opinion. Councillor Gould
advised that, in light of the Acting City Solicitor's comments, he would withhold his
motion and give notice that, in the future once the Solicitor indicates that it is right to
move such a motion, he would present it to Council, whereupon the Mayor suggested
that the motion could be that the documents could be made public subject to the City
Solicitor's approval, and the motion was changed accordingly. Councillor Gould asked
85-864
COMMON COUNCIL
JUNE 3, 1996
that the documents include the H.H. Angus Consultants' report presented to Council on
April 1, 1996, the PJ Consultants report presented to the Board of Harbour Station and
eventually copied to Council in May 1995, tapes in Committee of the Whole and other
documents pertinent to the whole situation.
Councillor Trites spoke in opposition to releasing tapes from Committee
of the Whole meetings for the last four years in that the taped proceedings could
include discussion on hiring or not hiring individuals and on land for the reason that this
type of dialogue has to be somewhat left to Council on which to speak freely prior to
meeting in public session. Deputy Mayor Chase expressed the view that the tapes of
Committee of the Whole are for the use of the Common Clerk and the Assistant
Common Clerk in the transcription of the meetings and to aid in the preparation of
minutes; and advised that, at this point in time, he would not be in favour of releasing
the H.H. Angus report as action may still flow from that; and Mayor McAlary noted that
the H. H. Angus report has been referred to the City Manager for a report.
Moved in amendment by Councillor Vincent
Seconded by Councillor Arthurs
RESOLVED that the above motion be
amended to the effect that any information relevant to the cost of Harbour Station be
made public, with the exception of tapes and other documents.
The Mayor made the observation that Council members have been
speaking more than once on the same issue and advised her intent to give each
Council member only one opportunity to speak on each item, whereupon Councillor
Trites, on a point of order, suggested that this would not be in order on an issue like the
one currently being discussed. Councillor Gould advised that he would support the
amendment providing it includes the release of the H. H. Angus report, the PJ
Consultants report and the Committee of the Whole minutes created by Council and
more recently the documents discussed in Legal Session with respect to the $250,092
as the final payment.
Question being taken, the amendment to the motion was carried.
Question being taken, the motion as amended was carried.
7. UNBSJ - Centre For Applied Learning In
Electronic Commerce StrateQies (CALECS)
Dr. Rick Miner, Vice-President of the University of New Brunswick - Saint
John Campus, introduced Mr. Mark Henderson, Coordinator of the Beaverbrook House
Project, who addressed Council on UNBSJ's CALECS Start-Up Implementation Plan,
further to Common Council resolution of April 15, 1996 inviting UNBSJ to make a
presentation in this regard. Mr. Henderson highlighted the proposal to establish an
electronic commerce centre at Beaverbrook House as explained in the previously-
submitted brief; and asked Council's consideration of if and how the City of Saint John
might support the proposed centre.
Mr. Henderson responded to Council queries in the above regard,
including corporate support or sponsorship of the project and the revised down-scaled
renovations to Beaverbrook House to accommodate CALECS; and Dr. Miner assured
Council that UNBSJ will proceed with this project, regardless, whether it happens to be
at Beaverbrook House, the Campus or somewhere else, as there is now a window of
opportunity to support a new industry in Saint John; and advised that, rather than
asking Council for anything specific, if Council can see ways to support the project,
UNBSJ would be pleased to accept its support. The Mayor thanked Dr. Miner and Mr.
Henderson for the initiative taken by UNBSJ on the CALECS Project.
8. Imperial Theatre Inc. - 1995 Annual Report
Messrs. Donald Wishart, President and CEO, and Jamie Grant, General
Manager of Imperial Theatre Inc., were present at the meeting, and Mr. Wishart
appeared before Council to give a verbal accounting for the year 1995. Mr. Wishart,
having advised his intent to take the same approach as that when he addressed
Council on May 1, 1995 by commenting on the success in attaining the Imperial
85-865
COMMON COUNCIL
JUNE 3, 1996
Theatre's goals, apprised Council of the promotion of the Imperial Theatre as the
predominate location for performing arts activities in Atlantic Canada in that, during
1995, the Board achieved a level of 253 calendar dates of which 165 were rentals by
third parties, achieved an 85% average paid performance attendance at the Theatre's
Professional Entertainment Series, and promotion through a World Wide Web site on
the Internet. With regard to the goal to develop and maintain wide community
participation in and acceptance and appreciation of the performing arts, Mr. Wishart
advised that the Imperial Theatre continues to invest in the very best tools for total
audience enjoyment, using as an example the purchase of a Steinway Piano, an
increase in box office hours and the number of outlets at which tickets can be
purchased, and the gradual addition of more shows oriented toward a school-age
audience; suggested that amateur groups could benefit from working as closely as
possible with Imperial Theatre staff by, for example, increasing audience sizes through
the Theatre's approach to advertising; and made the observation that the Imperial
Theatre does not make money at the expense of local groups, noting that revenue from
renting to such groups comprised only 28% of revenue in 1995 while comprising 65%
of total activity. Mr. Wishart also advised that, on the goal relevant to construction
costs, a claim outstanding on the part of the general contractor is not expected to have
any material financial impact on the Theatre's results in the future; and, with respect to
the final goal to achieve and maintain financial stability, advised that, having achieved a
very significant operating surplus in 1994, there was enough cash to operate in 1995
notwithstanding the fact that it did not draw on its Endowment Fund nor did it receive
the budgeted amount from the outlying municipalities, with the result being a modest
cash loss of $14,000 in 1995. Mr. Wishart further advised that all communities in the
area from Quispamsis to Westfield support the Imperial Theatre in its operating budget;
and expressed the view that, while the Endowment Fund is growing with $575,000 in
cash and $250,000 in solid pledges, it is not growing quickly enough as it is absolutely
essential for the ongoing vitality of the Theatre that this be raised to over $1 million as a
bare minimum.
The Mayor thanked Mr. Wishart for his presentation and expressed
appreciation to the Board of Directors of Imperial Theatre Inc. and Mr. Grant for the
success of their efforts toward the Imperial Theatre.
9. Saint John City Market Merchants'
Association - History And Role
Mr. Michael Michalos, President of the Saint John City Market Merchants'
Association, appeared before Council to address the Association's history and role, as
outlined in the previously-submitted brief. Mr. Michalos, reading from a prepared
document (copies of which were distributed to Council members at this meeting), put
forth information in an attempt to make clear that, while it is true that a new
organization has been formed to represent the merchants of the City Market and this
new organization exists, it is incorrect to state that the new organization represents the
merchants; and expressed the opinion that the Saint John City Market Merchants'
Association would be in favour of another organization that wants to make the City
Market a better place and would look forward to the other organization coming to it with
its ideas; however, as far as the day-to-day business of an association in contact with
management, that is the responsibility of the Merchants' Association.
The Mayor thanked Mr. Michalos for his presentation and advised that
the City Manager will be submitting a report to Council in the near future addressing
some of the issues referenced.
10. Mavor's Remarks
Mayor McAlary noted that this is National Environment Week, and
commended Forest Hills Elementary School on having been named as the First Earth
School in the City of Saint John for completing its one thousandth environmental
project, and the Loch Lomond Elementary School for having completed its 100th
environmental project this year. The Mayor reminded Council members of their
forthcoming priority session at 4:00 o'clock p.m., June 6 at UNBSJ; and also noted that
this week marks National Transportation Week.
(Councillor Fitzpatrick withdrew from the meeting during the above
85-866
COMMON COUNCIL
JUNE 3, 1996
remarks.)
Congratulations were extended to Peter Dalton, a Grade 12 student at
Simonds High School on having been the fifth round draft choice of Granby, Quebec, in
the Quebec Major Junior Hockey League; and appreciation was extended to Barry
Ogden and his home room Saint John High School class for participating in a recent
litter clean-up on the Saint John Throughway.
11. Municipal Plan Update
Parts Two And Nine
On motion of Deputy Mayor Chase
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Council receive the submitted drafts of Parts Two and Nine of the
Municipal Plan Update, dealing with Land Use and Implementation, respectively, make
them available to the community and provide input for their finalization.
Mr. Baird, through an overhead slide presentation, highlighted the drafts
of Parts Two and Nine of the Municipal Development Plan.
(Councillor Fitzpatrick re-entered the meeting during the above
presentation. )
Question being taken, the motion was carried.
12. HIP Applications 17 & 18
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council approve the following Housing Incentive Program
applications and the Mayor and Common Clerk be authorized to execute the HIP
agreements as follows:- HIP #17 - Eastcan Trading Limited for an estimated grant of
$26,000 for Cindy Lee Street and Martha Avenue; and HIP #18 Red Path Realty Ltd.
for an estimated grant of $20,800 for 201-207 King Street West.
Question being taken, the motion was carried.
13. Letter Of Agreement With Local 18
Qualitv And Efficiencv Of Service
Read a report from the City Manager submitting a proposed Letter of
Agreement with the Canadian Union of Public Employees, Local #18 (Outside
Workers), directed toward initiatives to improve the quality and efficiency of municipal
public services delivered by the outside workforce, as well as an outline of what would
be instituted in the Parks Division of the Community Services Department for the 1996
summer operation.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council approve the submitted Letter of Agreement with the
Canadian Union of Public Employees, Local #18 (Outside Workers), regarding "Joint
Initiatives - Quality and Efficiency of Service" and, subject to the review of the City
Solicitor as to legality and form, authorize the Mayor and Common Clerk to execute the
agreement on behalf of the City.
Question being taken, the motion was carried.
85-867
COMMON COUNCIL
JUNE 3, 1996
14. Discussions with Hatheway Trust
Re Location For Labour Temple
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager commenting on the Hatheway Trust's proposal for a labour temple at
Dominion Park further to Common Council resolution of May 1, 1995 approving the
lease of land in Dominion Park, and on a change which would be required in article 1.1
of this resolution to either include the entire parcel of land or to subdivide the land into
a specific parcel, as well as on meetings with members of the Trust with respect to
alternative sites, one at the head of Lily Lake and a site on Hawthorne Avenue
Extension, designated as Sites 1 and 2 on the submitted plan; and advising that the
members of the Trust have indicated that they will have a meeting of their larger group
and will inform the City of their decision as to whether they will proceed with the
Dominion Park site or one of the alternative sites -- be received and filed.
Question being taken, the motion was carried.
15. Lease Of Land 154 Thorne Avenue
Consideration was given to a report from the City Manager submitting a
copy of the City Manager's report on the proposed lease of land at 154 Thorne Avenue,
which was referred back to the City Manager by Council on May 27 for clarification of
article 15 of the recommendation; proposing an amendment to article 15; and
recommending that article 15 read as stated and also that article 22 be corrected to
read "30 days".
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council approve the lease of that portion of NBGIC
Number 411710 at 154 Thorne Avenue, measuring 1,426 m2 more or less, as generally
shown on the submitted plan, to Debmar Enterprises Ltd., for a period of 5% 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, as per the following terms and conditions:- (1) the
base rent will be $3,600 plus GST per annum payable monthly in advance and the rent
will increase by $120 per annum over the term of this lease, the rental fee to include
property taxes and any other current charge against the property, with the first month's
rent to be waived to allow Mr. Gerald Gallagher to set up business operations ($300 +
GST); (2) the length of the lease will be for a term of five and one-half years, starting on
June 3, 1996 ending on December 31, 2001; (3) the lease will contain a 90-day
cancellation clause which will come into effect on June 4, 1997 (no cancellation clause
in the first year); (4) during the term of the lease, the lessee will be responsible for all
maintenance and improvements to the subject property; (5) this lease is non-
transferrable except to a company owned by the lessee, set up for the purpose of
operating the proposed business on the subject property; (6) the buildings are not to be
located within ten feet of the centre of an existing municipal service pipeline; (7) the
proposed building must be movable (no permanent foundations) and conform to the
National Building Code; (8) if the City of Saint John needs to repair a municipal service
pipeline in the vicinity of the proposed building and if the City is of the opinion that the
building must be relocated in order to best perform the required repairs, the lessee is
obligated to relocate the proposed building, at the lessee's own expense and, in such
event, the City offers no compensation for the loss or interruption in business which
may have been caused by the required work and/or building relocation; (9) during the
term of the lease, the lessee will purchase and maintain a general liability insurance
85-868
COMMON COUNCIL
JUNE 3, 1996
policy (for the subject property), with minimum limits of $1,000,000 in which the City of
Saint John will be added as a named insured, will be given 30-days notice of
cancellation and the policy will include a cross-liability clause; (10) the City of Saint
John must approve all building locations and additions, and the City reserves the right
to remove any unauthorized structures; (11) all structures on the property must be
maintained to a standard acceptable to the City and comply to all municipal by-laws
and national codes (as deemed necessary by the City); (12) the lessee is responsible
for all municipal and public utility services hookups and related charges and is obligated
to hook into the City's water and sanitary systems, where possible; (13) the lessee can
make no other use of the subject property than what has been proposed in this lease,
without the prior consent of the City of Saint John; (14) the lessee shall deliver vacant
possession upon termination of the lease; (15) if, during the period of the lease, the
City should decide to sell all or a portion of the subject property (NBGIC Number
411710) which includes all or a portion of the land to be leased to Debmar Enterprises
Ltd. (through an initiative of its own or by a request by others), the City will undertake its
best effort to work with the lessee to relocate this operation to another suitable piece of
City-owned land; (16) the lessee shall conduct his business in a reputable manner; (17)
on breach of any covenant, the lessor may recover all costs from the lessee as rent;
(18) the lessor may re-enter the premises on the insolvency of the lessee; (19) the
lessor promises to the lessee quiet enjoyment of the premises; (20) the lessor is not
responsible for injury to person or property upon the premises unless due to the
negligence of the lessor; (21) the lessee may install signs with the lessor's consent;
(22) the lessor reserves the right to terminate the lease forthwith if the lessee fails to
pay the required rent within 30 days of the prescribed date or if the lessee is not or will
not comply with the covenants of this lease; and (23) the lease will be subject to the
approval of this proposed use by the Planning Advisory Committee and this agreement
to lease neither explicitly nor implicitly obligates the City to proceed with the lease if the
Planning Advisory Committee rejects all or part of the use; and further that the Mayor
and Common Clerk be authorized to sign all such documentation that is acceptable to
the Acting city Solicitor as to form and legality as is required to give effect to this
recommendation.
Question being taken, the motion was carried.
16. Tender For Concrete Grade RinQs
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of Strescon Limited be accepted for the supply of concrete
grade ring segments, for a period of one year from the date of award by Council, as
indicated in the submitted summary of bids.
Question being taken, the motion was carried.
17. Tender For Contract 96-7
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, contract 96-7, asphaltic concrete street resurfacing 1996, be
awarded to the low tenderer, Classic Construction Ltd., at the tendered price of
$1,362,215, as calculated based on estimated quantities, and the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
18. Tender For Petroleum Products
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
85-869
COMMON COUNCIL
JUNE 3, 1996
City Manager, the tender for the establishment of a supply agreement for a period of
one year for the provision of petroleum products to the both the City of Saint John and
Saint John Transit be awarded to Irving Oil Ltd., the low tenderer in each case, as
indicated in the submitted summary of bids.
Question being taken, the motion was carried.
19. Tender For Hvdrofluosilicic Acid
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of HCI/Stanchem Inc. be accepted for the supply of
hydrofluosilicic acid, for one year from the date of award by Council, at a cost of
$.312/kg for 22-tonne loads and $.292/kg for 30-tonne shipments.
Councillor Gould commented from the point of view that Council, in
debating the fluoridation issue a few years ago, was told that it would not be expensive,
being only a few pennies per person per year; however, assuming a population of
75,000 in the City, the figures in the above report work out to be about $1.60 per
person. Councillor Waldschutz expressed the view that the $141,000 cost associated
with the above tender is for the purchase of toxin to, with another toxin purchased
recently, mass medicate the citizenry of Saint John.
Question being taken, the motion was carried with Councillors Gould and
Waldschutz voting "nay".
20. Tender For Sand. Gravel & AQQreQates
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, the tender for the establishment of supply agreements for the
provision of sand, gravel and aggregates to various City departments be awarded to
the tenderers as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
21. Workforce Adiustment - Abolition Of Positions
Consideration was given to a report from the City Manager proposing the
abolition of a number of positions from the Establishment, consistent with the
Workforce Adjustment Strategy initiated in 1994, three positions having been
eliminated under this particular program since its introduction last year - Deputy Chief of
Police, Golf Course Superintendent and Assistant Deputy Chief of Police; advising that
the employees affected have indicated their desire to retire, and their roles,
responsibilities and duties would be rearranged and/or alternative means found to
satisfy service obligations; and also advising that a number of other positions is
currently being considered for elimination under the abolition of position/voluntary
retirement option before the deadline date of June 30, 1996, and staff could be
reporting to Council in this matter for one last time at the June 17 Council meeting.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council formally abolish from the Establishment the positions
listed below, to be effective June 28, 1996:
Superintendent (Water and Sewerage)
Recreation Supervisor IV (Office Supervisor).
Question being taken, the motion was carried.
22. Billv's Seafood Company Ltd.
85-870
COMMON COUNCIL
JUNE 3, 1996
Consideration was given to a report from the City Manager advising that,
further to Common Council resolution of May 27, 1996 regarding the current lease with
Billy's Seafood Company Ltd. for space in the City Market, Billy's Seafood did not
accept
the terms as outlined and it is staff's recommendation that Council proceed under
clause 46 of the lease, with staff's intention being to continue discussions with Billy's
Seafood in an attempt to resolve the situation to the satisfaction of all parties.
28. Billy's Seafood Company - Response To
Mav 27.1996 Common Council Resolution
Consideration was also given to a letter from Billy's Seafood Company
responding to Common Council resolution of May 27, 1996 with regard to its lease for
Market space to the effect that, in general, it is in agreement with the proposal as
outlined, but questions the necessity of a chattel mortgage, given the protection
afforded a landlord by legislation.
22.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Billy's Seafood Company Ltd. be given notice of default pursuant to
clause 46 of a lease dated January 17, 1994 for City Market space, and the Mayor and
Common Clerk be authorized to sign all related documents.
Question being taken, the motion was carried with Councillor Knibb
voting "nay".
28.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the letter from Billy's
Seafood Company responding to Common Council resolution of May 27, 1996 with
regard to its lease for Market space -- be received and filed.
Question being taken, the motion was carried.
22A. Easement Re Encroachment 1 Hazen Avenue
Consideration was given to a report from the City Manager making a
recommendation further to a request from the owner of Vito's Restaurant, located at the
corner of Union Street and Hazen Avenue, for permission to reconstruct the main
entrance stairs which encroach into the street right-of-way and the sidewalk on Hazen
Avenue.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council grant an easement to the owner of 1 Hazen Avenue to
permit the building and the encroachment of a stone landing and stair on Hazen
Avenue, under the following terms and conditions:- (a) the owner of 1 Hazen Avenue
shall indemnify and save harmless the City for all actions, suits, demands and claims
whatsoever relating to the granting of this easement and the encroachment; (b) the
owner shall provide plans and build all in a manner satisfactory to the Building
Inspector and the Chief City Engineer; (c) the owner shall reconstruct the sidewalk and
relocate any signs or parking meters, all at the owner's cost; and (d) the Mayor and
Common Clerk be authorized to execute all necessary documents in this regard.
85-871
COMMON COUNCIL
JUNE 3, 1996
Question being taken, the motion was carried.
23. Excavation Adjacent To Midwood Avenue
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
Acting City Solicitor responding to a letter considered by Council on May 13 from the
Midwood Avenue & Area Concerned Citizens Committee with respect to excavation
adjacent to Midwood Avenue for the Irving lagoon; and submitting a copy of the City
Solicitor's report to Council dated June 23, 1995 addressing this matter -- be received
and filed, and a copy of the report be forwarded to Ms. Patty Lizotte of the Midwood
Avenue & Area Concerned Citizens Committee.
Question being taken, the motion was carried.
24. City Market Bv-Law Amendment
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"By-Law Number C-115-8 A By-Law To Amend A By-law Relating To The Market In The
City Of Saint John", with regard to opening hours, be read a third time and enacted and
the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C-115-8 A By-Law To Amend A
By-law Relating To The Market In The City Of Saint John", was read in its entirety.
Question being taken, the motion was carried.
26. Recreation & Parks Advisory Board
1996 World Youth Orchestra Festival
Read a letter from the Recreation & Parks Advisory Board advising that,
if it were within the Board's mandate to do so, the Board would have granted
assistance in the amount of $500 in accordance with its grant policy concerning
recreation activities in response to the submitted application on behalf of Mr. Lance
Ouellette to attend the World Youth Orchestra Festival in Japan from August 2 to 16,
1996; and encouraging Common Council to provide a grant of $500 from the
Recreation Grant Fund.
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that a grant of $500 be
approved for Mr. Lance Ouellette for his attendance at the World Youth Orchestra
Festival in Japan from August 2 to 16, 1996.
(Councillor Gould withdrew from the meeting.)
Question being taken, the motion was carried.
(Councillor Gould re-entered the meeting.)
Councillor Ball advised that he would like to propose a second motion on
the above matter, to which the Mayor replied that, if the matter was not on the agenda
of this meeting, it would be necessary to have the matter added.
85-872
COMMON COUNCIL
JUNE 3, 1996
27. City Market Merchants And Tenants
Association - Formation Of Association
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the letter from Helena
Harvey, President of the City Market Merchants and Tenants Association, regarding the
Association's formation on March 25, 1996, and the formation of the City Market
Merchants' Association; and suggesting that the City of Saint John set up a meeting to
see if it is possible to structure one Association -- be referred to the City Manager.
Question being taken, the motion was carried.
29. CDM Promotion - Tourism Radio
Project - ReversinQ Falls Site
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from CDM
Promotion requesting the City of Saint John for permission to post appropriate signs in
the parking lot and on the building at the Reversing Falls site for a tourism radio project,
subject to reaching an agreement with the sponsors -- be referred to the City Manager.
Question being taken, the motion was carried.
(Councillor Gould withdrew from the meeting.)
30. FCM - A-C- T ProQram
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Federation of Canadian Municipalities advising that FCM has awarded the City of Saint
John a grant of $10,000 for its innovative Affordability and Choice Today (A-C-T)
Housing Project to streamline the development process for infill housing and
redevelopment projects in older areas of the City with appropriate Zoning By-Law
standards and design guidelines; submitting the final instalment of the A-C- T grant in
the amount of $1,000 and a copy of a report prepared on another A-C-T funded project
-- be received and filed.
Question being taken, the motion was carried.
31. John M. Wood - Air Canada Centre
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from Mr. John M.
Wood expressing concern about the recently-announced Air Canada call centre to be
set up in Saint John; and submitting a copy of his letter to Air Canada in this regard --
be received and filed.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Ball
Seconded by Councillor Knibb
RESOLVED that the matter of the
Recreation & Parks Advisory Board being given a mandate to deal with requests for
financial assistance for cultural activities, incidental to and in accordance with its grants
85-873
COMMON COUNCIL
JUNE 3, 1996
policy and budget allotment concerning recreation and sports activities -- be added to
the agenda of this meeting for consideration at this time.
Question being taken, the motion was carried.
*Recreation & Parks Advisorv Board's Mandate
Councillor Ball, a member of the Recreation & Parks Advisory Board,
asked Council to give the Recreation & Parks Advisory Board the above-mentioned
mandate.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager for a report and recommendation on the question of
cultural grants for young Saint John citizens.
Question being taken, the motion was carried.
The Mayor noted that Council's next regular meeting in open session
would be held on June 17, 1996 at 7:00 o'clock p.m, and Council would meet in
Committee of the Whole on June 10, 1996 at 4:00 p.m. to deal with budget and other
items.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk