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1996-09-30_Minutes 86-87 COMMON COUNCIL SEPTEMBER 30, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of September, A.D. 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; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; D. Sherwood, 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 Ron Curtis, Pastor of Central Baptist 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 September 23, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks * Added Items On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that a proposed agreement for development of the Red Rose Tea and parking lot sites on Mill Street (which was considered in Committee of the Whole earlier this date), and a copy of the Mayor's letter to the Chairman of the Standing Committee on Transport (copies of which were distributed to Council members at this meeting) -- be added to the agenda for consideration at this meeting as items 3A and 3B, respectively. Question being taken, the motion was carried. Mayor McAlary noted Opera New Brunswick's production of The Marriage of Figaro at the Imperial Theatre on October 4 and 5, and also that a highway welcome sign including the Loyalist Man image, which is the same as that to be placed at the eastern and western entrances to the City, is now in place at the Saint John Airport. The Mayor thanked the citizens who were involved in the New Brunswick Lung Run and the AIDS Saint John Run held in the City over the past weekend, and extended congratulations to Saint John photographer Patti Livingston who was recognized by the Professional Photographers of Canada magazine. Mayor McAlary proclaimed October 6 to 12 as Fire Prevention Week, and October 5 as World Ostomy Day in the City of Saint John; and commented on activities scheduled for Saint John Port Days which commenced 86-88 COMMON COUNCIL SEPTEMBER 30, 1996 on this date. Deputy Mayor Chase noted the forthcoming news conference with regard to the 1996 Wishmakers Parade for the Children's Wish Foundation of Canada; and Councillor Ball noted the October 4 Gourmet Feast of International Foods being sponsored by the Red Cross and Literacy Agencies for Immigration and Refugee Support. *3A. Option Agreement For Development Of Red Rose Tea & ParkinQ Lot Sites On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement granting P.F. Moore Holdings Inc. and Global Design and Construction Ltd. an option to purchase the Red Rose Tea and Parking Lot sites on Mill Street, identified as Parcels 1 and 2, and collectively known as the "Site", as generally shown on the submitted Schedule A. Mr. Totten expressed the view that the proposed agreement for the development of the property in question is consistent with Council's objectives related to waterfront development, residential development and increasing the City's tax base, and summarized the proposed agreement. Question being taken, the motion was carried. *3B. Mayor's Letter To Chairman Of Standing Committee On Transport Re Bill C-44 Canada Marine Policv On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the copy of the Mayor's letter to the Chairman of the Standing Committee on Transport expressing concern that the Committee will not be holding a public hearing in Saint John on Bill C-44, Canada Marine Policy; and appealing to the Chairman to agree to travel to the City of Saint John for public hearings for at least one day -- be received and filed and a copy be forwarded to Saint John M.P. Elsie E. Wayne, and Council support the Mayor's initiative in asking the Standing Committee on Transport to hold public hearings in Saint John. Question being taken, the motion was carried. 4. Teach-In - Marsh Creek Flood Plain Consideration was given to a report from the City Manager advising of the topics to be covered in a teach-in on the Marsh Creek flood plain. Mr. Edwards explained that flooding in the Marsh Creek flood plain is not cyclical and its causes are numerous and varied making accurate prediction of flooding next to impossible, and that, in addition to the impact caused by heavy rain over a short time, other factors, which can be controlled to some extent, contribute to flooding, with the main reason for flooding in the Marsh Creek area, other than simply rainfall, being the inability of the streams and the Creek to adequately discharge the run-off to Courtenay Bay. Mr. Edwards apprised Council of the following five factors which can contribute to flooding in the area, noting that there are a number of other less significant factors which can also contribute:- (1) the Marsh Creek basin drains a very large area, estimated in the 1974 Proctor and Redfern report as approximately 16 square miles comprised of two distinct areas, the upper portion having a substantial gradient and being thinly covered with soil which results in high run-off potential to the lower portion of the basin; (2) the lower area of the drainage basin has a very flat slope from the Glen to the discharge point at Courtenay Bay which results in very low water velocities and the volume of water run-off from rainfall and snow melt often exceeds the capacity of the Marsh Creek's discharge; (3) 86-89 COMMON COUNCIL SEPTEMBER 30, 1996 while much of the Marsh Creek flood plain is located in a tidal zone and the Courtenay Bay Causeway and the gate structure located there keeps the tide from backing up into the forebay area and up Marsh Creek, this is not 100% effective and half the time during a flood the forebay and the lower lying lands within the flood plain must store the storm water run-off; (4) the numerous structures which span or cross the streams and ditches of the Marsh Creek system, with the possible exception of the Marco Polo Bridge at Haymarket Square, could virtually in some way act as a restriction to the flow of water and, singularly and collectively, further reduce the water velocity during peak flows further contributing to flooding in the upstream area of the Marsh, particularly Glen Falls and Rothesay Avenue; and (5) the area of Glen Falls is drained primarily by a network of open shallow ditches which, because of the topography of the area, are flat or have a very low gradient making them very susceptible to blockage by debris and vegetation and, if these ditches are not well maintained, localized flooding in Glen Falls can occur even when the capacity of the main Creek has not been exceeded. Mr. Edwards displayed slides of various structures from the Courtenay Bay Causeway up Marsh Creek and a map of the Glen Falls area as referred to in (4) and (5) above; and made specific reference to the May 1974 Marsh Creek Flood Control Study by Proctor & Redfern Ltd. commissioned by the City of Saint John, and the March 1976 Proctor & Redfern Ltd. Water Management Study, Marsh Creek Watershed, commissioned by Environment New Brunswick and the City of Saint John, as the framework for the implementation of a series of structural and channel improvements to improve the performance of the Marsh Creek drainage system, thereby reducing the frequency and duration of flooding, noting some of the most significant improvements carried out which, along with many other Works projects of a lesser nature, have resulted in a much improved drainage system; and advised that the two primary reasons that the creation of additional floodways, which was perhaps the most significant potential project of those identified by Proctor and Redfern, have not been pursued were cost and safety/aesthetics. Mr. Edwards noted the 1990 staff report to Council on the Marsh Creek Flood Abatement Program, and a 1996 report prepared by the Province entitled, "Proposed Provincial Policy for Development on Flood Plains", which outlines a series of guidelines very similar to the present approach taken by Saint John and specifically names Marsh Creek as one of the floodways affected by the new policy and which may provide an opportunity to the City of Saint John in the form of initiatives to be undertaken by the government; and commented on the City's Flood Risk Area By-Law, as well as on Council's attempt by resolution in 1992 to have the Community Planning Act amended to allow exceptions to the Flood Risk Area By-Law with respect to small developments and to stipulate in a by-law the basis upon which the Building Inspector or some other staff member could collect payments in lieu of compensatory flood storage. On the issue of maintenance of structures and streams, Mr. Edwards advised the work carried out by the Works Department in this regard and, with respect to future improvements, made the observation that the 1990 staff report to Council estimated a cost of $4.8 million for the reservoir improvements, purchase of property, channel improvements, a pump station and new forebay pipes; and made the observation that there may be an opportunity for the City to acquire a significant parcel of land in Glen Falls adjacent to the Creek as the Dynamic Construction property, on which there were no bidders at a recent tax sale, is now controlled by the Province. Mr. Edwards expressed the view that continued rational development can continue in the Marsh Creek flood plain, although each application must be carefully reviewed to ensure the continued integrity of the drainage system. During discussion Councillor Brown expressed concern about the possible inconsistency in the handling of applications which could lead to development in the flood plain area and an increased tax base; and referred to the eight recommendations with regard to the flood risk area which were included in a staff report presented to Council in Committee of the Whole in 1991 by then Acting City Manager D. Wilson on the basis that, until these recommendations are implemented or changed if necessary, the City cannot proceed forward to improve the already-depressed tax base or promote development in the flood risk area. On motion of Councillor Brown Seconded by Councillor Ball RESOLVED that the City Manager be requested to review the staff report on the flood risk area presented to Council in 1991 and update 86-90 COMMON COUNCIL SEPTEMBER 30, 1996 Council on the status of implementation of the recommendations in that report. Question being taken, the motion was carried. 5. Tender For Traffic Controllers On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Tacel Ltd. be accepted for the supply of 4 new 4-phase and 1 new 8-phase traffic controllers, in the amount of $31,293 (plus taxes). Question being taken, the motion was carried. 6. Tender For Animal Control Services On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for animal control services be awarded to the Animal Rescue League, at the tendered price of $100,00 per year for the three-year contract covering the years 1997, 1998 and 1999, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 7. Housing Incentive Program Applications HIP-20 And 23 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the Housing Incentive Program applications as follows:- HIP-20 - Parklane Construction (Walter Vincent) for an estimated grant of $64,000 with regard to Woodward Avenue; and HIP-23 - Saint John Drywall Homebuilders Ltd. for an estimated grant of $40,000 with regard to Dantes Drive and Elba Boulevard. Question being taken, the motion was carried. 8. Lease Of Multipurpose Room Lancaster Centennial Arena Consideration was given to a report from the City Manager submitting a recommendation further to the request of Mr. Tony Mowery of the Lancaster Fitness Centre to lease the multipurpose room located on the second floor of the Lancaster Centennial Arena for the operation of an adult exercise facility catering to the general public. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the lease with Lancaster Fitness Centre for the premises located on the second floor at Lancaster Centennial Arena for a twelve-month term, at a monthly rent of $600, plus applicable taxes, the lease to contain, in addition to the usual terms and conditions respecting insurance, lessee's and lessor's right to quiet enjoyment, etc., the following terms and conditions:- (a) the lease to commence on or before December 1, 1996; (b) rent to be $600 per month, plus applicable taxes; (c) rent is due the first day of each month; (d) lease may be terminated for non-payment of rent with 30 days notice; (e) lease may be terminated by either party with 60 days notice; (f) the 86-91 COMMON COUNCIL SEPTEMBER 30, 1996 lease is not assignable; (g) renewal of the lease be at the City's option with a lease being first offered to the lessee, should the City choose to continue to rent the premises; (h) renewal of this lease shall be on terms and conditions agreed to by the lessee and the City; (i) improvements by the lessee to be approved by the Manager, Real Estate and Facility Management; and U) improvements by the lessee become the property of the City, unless otherwise agreed to in writing by the Manager, Real Estate and Facility Management. Question being taken, the motion was carried. 9. Rescinding CCO June 17, 1996 Re Lease Of Airspace & Adoption Of CCO Re License AQreement For Fire Escape. 13 Chipman Hill Read a report from the City Manager explaining that, further to Common Council resolution of June 17, 1996 approving the lease of airspace to Susan M. Fullerton for the purpose of constructing an exit structure (fire escape) for the building located at 13 Chipman Hill, airspace leases are subject to the Airspace Act and complicated in terms of preparation and administration and, as staff and Ms. Fullerton's solicitor have agreed that a lease under the Airspace Act is not necessary, the rescinding of the subject resolution is required to allow a license agreement wherein Ms. Fullerton would have the right to construct an exit structure, such agreement to contain terms and conditions similar to those in the original resolution of June 17, 1996; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council rescind its resolution of June 17, 1996 approving an airspace lease to Susan M. Fullerton with regard to 13 Chipman Hill: AND FURTHER that as recommended by the City Manager, Common Council approve a license agreement with Susan Fullerton to permit the construction of an exit structure (fire escape) over City land at 13 Chipman Hill, subject to the following conditions:- (1) the agreement shall be for a period of twenty years at an annual fee of $100 per year; (2) the stairwell/landing shall have a minimum 8-foot clearance above the paved surface of the City-owned land to the underside of the structure; (3) should the City or future owner of City-owned land need the space occupied by the exit structure for development, the agreement can be terminated with a notice of 120 days without any compensation or relocation cost and, if the City chooses to exercise this termination option, the owner would be required to construct an alternate exit from her building, and the City would work with the owner on any alternate proposal; (4) the owner will carry adequate liability insurance to protect the City and the owner will be responsible to construct and maintain the structure and all claims for damages or injury by use and operation of the exit structure constructed over City land; and (5) all plans be prepared by a professional engineer subject to the approval of the Building Inspector. Question being taken, the motion was carried. 10. Rockwood Park Canteen Facilities Extension Of Lease With Y's Men Consideration was given to a report from the City Manager seeking Council's approval to extend the current lease of the Lily Lake Pavilion and Fisher Lake Canteen to 046098 N.B. Ltd. (Y's Men) for a period of six months; and advising that staff will be submitting a report to Council early in the new year on the role the Pavilion and nearby Lake frontage might take in the future development of Rockwood Park as a recreational facility. On motion of Councillor Knibb 86-92 COMMON COUNCIL SEPTEMBER 30, 1996 Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize a six-month extension to the current lease with 046098 N.B. Ltd. (Y's Men) for the Lily Lake Pavilion and Fisher Lake canteen with all terms and conditions to remain the same, subject to the following: (a) the City is under no obligation to extend the lease beyond March 31, 1997; (b) the City is under no obligation to notify the lessee of its intentions to further renew this lease before the expiry of the extended term of the lease; and (c) the City retains the right to examine the premises, call for leasing proposals and conduct viewings of the premises with reasonable notice to the lessee. Question being taken, the motion was carried. 11. Easement For Encroachment On Parks Street Of Building At 49 Cedar Grove Crescent Read a report from the City Manager advising of a request from Mr. James A. Whelly of Whelly & Kelly, solicitors for Wilfred C. Morris, Derrick Ryder and Trevor Gallant, the vendors of 49 Cedar Grove Crescent, for a grant of easement to permit the encroachment of the building at 49 Cedar Grove Crescent upon Parks Street; and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1, to execute a grant of easement in favour of the present owners Wilfred C. Morris, Derrick Ryder and Trevor Gallant, to permit the encroachment of their building at 49 Cedar Grove Crescent upon Parks Street, such easement to terminate with the demolition or removal of the encroachment. Question being taken, the motion was carried. 12. Easement For Encroachment At 137-139 BridQe Street Read a report from the City Manager advising of a request from Mr. Reid Chedore of Mosher Chedore, solicitors for Marilyn Abric, the owner of 137-139 Bridge Street, for a grant of easement to permit the encroachment upon Bridge Street of the building at 137-139 Bridge Street; and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1, to execute a grant of easement in favour of Marilyn Abric, the present owner, to permit the encroachment of her building at 137 -139 Bridge Street upon the said Bridge Street, such easement to terminate with the demolition or removal of the encroachment. Question being taken, the motion was carried. 13. Consolidation Of Recreation And Parks Divisions & Removal Of One Director Position From Establishment Consideration was given to a report from the City Manager submitting a recommendation with regard to the Recreation and Parks Divisions of Community Planning, in view of the retirement of Director of Recreation Jack Brownell on September 30. 86-93 COMMON COUNCIL SEPTEMBER 30, 1996 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) the Recreation Division and Parks Division of Community Services be consolidated as one division under Community Services entitled the Recreation and Parks Division and Mr. Bernie Morrison be appointed as Director; and (2) one position of Director be removed from the Establishment. Question being taken, the motion was carried. 14. Issuance Of Warrant For Saint John SalvaQe Corps And Fire Police On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council issue a warrant to Mr. David Tidd for membership in the Saint John Salvage Corps and Fire Police. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 15. Parking Meter By-Law Amendment Definition Of ParkinQ Zone On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By-Law Number M-118-3 A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to the definition of parking zone, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number M-118-3 A By-Law To Amend A By- Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. 16. Parking Meter By-Law Amendment Canterbury Street ParkinQ GaraQe Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-Law amendment to include the Canterbury Street Parking Garage, which was given first and second readings on September 16. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number M-118-4 A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", to include Canterbury Street Parking Garage, be read a third time and enacted and the Common Corporate Seal be affixed thereto. 86-94 COMMON COUNCIL SEPTEMBER 30, 1996 The by-law entitled, "By-Law Number M-118-4 A By-Law To Amend A By- Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. 17. City Market By-Law Amendment To Provide For October 6 OpeninQ On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By- Law Number C-115-9 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", to provide for the October 6, 1996 opening, be read a third time and enacted and the Common Corporate Seal be affixed thereto. (Deputy Mayor Chase re-entered the meeting.) The by-law entitled, "By-Law Number C-115-9 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. 18. 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 September 23, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Council approve the disbursement of up to $12,400 from the 1996 Capital Budget for Facility and Community Development to be used for improvements at Mispec Park, with disbursements to be based on submitted and approved invoices. September 30, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 18.1. Mispec Park Improvements On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 86-95 COMMON COUNCIL SEPTEMBER 30, 1996 19. Saint John Industrial Parks Ltd. Industrial Infrastructure Needs And Market Potential Study Consideration was given to a letter from Councillor Trites, Chairperson of the Market Potential and Infrastructure Needs Study Steering Committee formed in 1995 to select a consultant and consisting of members of Saint John Industrial Parks Ltd., Enterprise Saint John, the City, NBTel, the Port, members of the local real estate community, as well as representatives from other levels of government; submitting a copy of the Industrial Infrastructure Needs and Market Potential Study undertaken by Fiander- Good Associates Ltd.; and recommending that, with Council's approval, the Study be referred to City staff, the Board of Enterprise Saint John and the Board of Saint John Industrial Parks Ltd. for comments and suggestions on how best to initiate the implementation of the action plan. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the Industrial Infrastructure Needs and Market Potential Study undertaken by Fiander-Good Associates Ltd., as submitted by Saint John Industrial Parks Ltd., be referred to City staff, the Board of Enterprise Saint John and the Board of Saint John Industrial Parks Ltd. for comments and suggestions on how best to initiate the implementation of the action plan. Question being taken, the motion was carried. 20. Fundy Region Solid Waste Commission Notice Of Vote To Borrow Monev On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Daniel S. Harrigan, Chairperson of the Fundy Region Solid Waste Commission, notifying Council of the intent to ask the Commission for authorization to seek approval to borrow from the Municipal Capital Borrowing Board for the design and construction of the regional sanitary landfill, recycling and composting facilities at Crane Mountain; and submitting a copy of the Crane Mountain site preliminary capital cost estimate and annual operating costs -- be referred to the City Manager for a report to Council. Mayor McAlary, a member of the Fundy Region Solid Waste Commission, noted that the Commission anticipates being in a position to vote in the above regard on October 24, and that the amounts indicated in the cost estimates are those given the Commission by ADI Limited a year or so ago. Question being taken, the motion was carried. 21. First Night Saint John Use Of Council Chamber On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the letter from Duane McAfee, President of First Night Saint John, requesting the use of the Council Chamber for this year's First Night celebration on December 31 -- be received and filed and the request be granted. Question being taken, the motion was carried. 22. FCM - Request For Resolutions 86-96 COMMON COUNCIL SEPTEMBER 30, 1996 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the memorandum from the Federation of Canadian Municipalities inviting the submission of resolutions for debate at the December 1996 meeting of FCM's National Board of Directors -- be referred to the City Manager. Councillor Knibb suggested that a resolution on the continuation of infrastructure funds should be prepared, and the Mayor suggested that a motion on the Marine Policy issue of grants in lieu of taxes would be in order. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk