1998-03-30_Minutes
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COMMON COUNCIL
MARCH 30, 1998
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the thirtieth day of March, A.D. 1998, at 7:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb
and Vincent
- and -
Messrs. P. Woods, Deputy City Manager; J. Nugent, City
Solicitor; A. Beckett, Commissioner of Finance and
Commissioner of Corporate Services; J. C. MacKinnon,
Commissioner of Environment and Development Services; P.
Groody, Commissioner of Municipal Operations; W. Butler,
Commissioner of Community Services; B. Morrison, Director of
Recreation and Parks; J. Baird, Manager of Community Planning;
W. Edwards, Building Inspector; C. Cogswell, Chief of Police; R.
Simonds, Deputy Fire Chief; Mrs. M. Munford, Common Clerk;
and Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and Reverend Dave Jamer
of Dayspring Ministries 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 March 23, 1998, be approved.
Question being taken, the motion was carried.
3(a) Zoning By-Law Amendment To Re-Zone
Land FrontinQ On Smythe Street
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located on the west
side of Smythe Street (NBGIC Numbers 55031561,55008767,40147,55011902,
426197,55100986 and part of NBGIC Number 55081921), from "T" Transportation and
"1-1" Light Industrial to "B-3" Central Business classification, to place the site in a zone
category which conforms to the Municipal Development Plan, as requested by the City
of Saint John, and no written objections were received in this regard.
3{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
March 24 meeting at which no one spoke in favour of or against the proposed re-zoning
and no letters were received; and recommending that Common Council re-zone from
"T" Transportation and "1-1" Light Industrial to "B-3" Central Business classification, a
parcel of land located on the west side of Smythe Street (NBGIC Numbers 55031561,
55008767,40147,55011902,426197,55100986 and part of NBGIC Number
55081921).
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land located on the west side of Smythe Street (NBGIC Numbers 55031561,
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55008767,40147,55011902,426197,55100986 and part of NBGIC Number
55081921), from "T" Transportation and "1-1" Light Industrial to "B-3" Central Business
classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of
land located on the west side of Smythe Street (NBGIC Numbers 55031561,
55008767,40147,55011902,426197,55100986 and part of NBGIC Number
55081921), from "T" Transportation and "1-1" Light Industrial to "B-3" Central Business
classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
4(a) Zoning By-Law Amendment
To Re-Zone 15 Drurv Lane
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a parcel of land located at 15 Drury
Lane (NBGIC Numbers 37432, 38968, 39016, 39024, 40006, 55074348, 39032,
55065056,55065049,55065031,55065023, 55065064, 55065072, 55065098,
55065015 and 38976), having a frontage of approximately 95 feet on Union Street and
approximately 310 feet on Smythe Street and an area of approximately 29,000 square
feet, from "T" Transportation to "B-3" Central Business classification, to permit the use
of the site in conjunction with the proposed redevelopment of the Red Rose Tea
building for a mixture of commercial and residential uses, as requested by The Tea
Building Inc., and no written objections were received in this regard.
4{b)
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report considered at the Committee's
March 24 meeting at which the applicant appeared in agreement with the staff
recommendation; and recommending that Common Council re-zone the various parcels
of land known as 15 Drury Lane (NBGIC Numbers 37432,3896839016,39024,40006,
55074348,39032,55065056,55065049,55065031, 55065023, 55065064, 55065072,
55065098, 55065015 and 38976), from "T" Transportation to "B-3" Central Business
classification.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the various
parcels of land known as 15 Drury Lane (NBGIC Numbers 37432,3896839016,
39024,
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40006,55074348,39032,55065056,55065049, 55065031, 55065023, 55065064,
55065072, 55065098, 55065015 and 38976), from "T" Transportation to "B-3" Central
Business classification, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the Zoning By-Law of the City of
Saint John.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the various
parcels of land known as 15 Drury Lane (NBGIC Numbers 37432,3896839016,
39024,40006,55074348,39032,55065056, 55065049, 55065031, 55065023,
55065064, 55065072, 55065098, 55065015 and 38976), from "T" Transportation to "B-
3" Central Business classification, be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Zoning By-Law of the City
of Saint John.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
5(a) Zoning By-Law Amendment To
Re-Zone 23 Park Avenue East
The Common clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of approximately 750 square metres
(8,073 square feet) of land situated at 23 Park Avenue East (NBGIC Numbers 346130
and 346163), being at the intersection of Park Avenue East and Melrose Street, from
"R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional
classification, to increase the density of the existing group care home of six seniors to a
group care facility for ten seniors, as requested by Gregory and Janet Hebert, 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 Planning staff's report and a letter from an area
resident considered by the Committee at its March 24 meeting at which the applicant
expressed general support for the staff recommendation but did have concern
regarding the proposed requirement to landscape a portion of the subject site (NBGIC
Number 346163); advising that, after considering the matter, the Committee decided to
adopt the staff recommendation; and recommending that Common Council re-zone
approximately 750 square metres (8,073 square feet) of land situated at 23 Park
Avenue East (NBGIC Numbers 346130 and 346163), being at the intersection of Park
Avenue East and Melrose Street, from "R-2" One and Two-Family Residential to "IL-1"
Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39
of the Community Planning Act that would: (a) limit the use of the property to a group
care facility licensed by the Province as a special care home for no more than ten
adults; and (b) require that the vacant parcel of land (NBGIC Number 346163) be
developed and maintained as a lawn area and that such work be carried out within one
year from the issuance of the required building permit.
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On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately
750 square metres (8,073 square feet) of land situated at 23 Park Avenue East (NBGIC
Numbers 346130 and 346163), being at the intersection of Park Avenue East and
Melrose Street, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood
Institutional 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 Councillor Vincent
RESOLVED that the by-law to amend the
Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately
750 square metres (8,073 square feet) of land situated at 23 Park Avenue East (NBGIC
Numbers 346130 and 346163), being at the intersection of Park Avenue East and
Melrose Street, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood
Institutional 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 Ball
RESOLVED that the correspondence
regarding the above-proposed amendment be received and filed.
Question being taken, the motion was carried.
6(a) Zoning By-Law Amendment To
Re-Zone 111 To 113 McAllister Drive
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re-zoning of a portion of a parcel of land located
at 111 to 113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage
of 400 feet on McAllister Drive with an area of approximately 2.2 acres, from "P" Park to
"SC" Shopping Centre classification, to permit the development of a strip shopping
centre similar to the Exhibition Plaza development, as requested by McAllister Drive
Plaza Inc., and 6{c) a letter of objection to the proposed re-zoning was received from
Rick Armstrong, President of the Saint John Harness Horsemen's Association.
6{b)
Consideration was also given to a report from the City Manager advising
that, at the applicant's request, the proposed re-zoning of property at 111-113
McAllister Drive was not considered at the Planning Advisory Committee's March 24
meeting; noting that, as Council was aware, there were a number of issues with respect
to the development of the subject site and adjacent lands and, as a result, a report and
recommendation from the Planning Advisory Committee was not available at this time;
providing Council with an overview of the issues with regard to the subject site with
which, while appropriate for the proposed use and therefore the proposed re-zoning
could be supported in principle, there were several issues with respect to the adjoining
lands which have an impact on the final nature of the proposed development of this site
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and these issues should be resolved prior to adoption of the proposed re-zoning; and
recommending that the public hearing be held as scheduled but that no decision be
made until the Planning Advisory Committee was able to submit its report and
recommendation.
Rick Armstrong, President of the Saint John Harness Horsemen's
Association representing owners, trainers and drivers at Exhibition Park Raceway,
appeared in opposition based on concerns including the possible expansion of the
plaza/strip mall, leading to the elimination of the harness racing track and facilities and
the Exhibition facilities; commented on harness racing as a local industry and its spin-
offs in and effect of its loss to the community; and advised that the Association was
supported in its appearance before Council at this time by fellow horsemen, and
residents of Glen Falls who were also concerned that additional development would
add to flood problems.
During discussion Mr. Armstrong clarified that the Association was
concerned about how close the proposed development would get to the entrance of the
race track and if it would make re-zoning of the next piece of land somewhat easier
which would definitely include the track at a future date.
Stephen Cronk of 199 Mark Drive, speaking against the proposed re-
zoning and acknowledging the concern about the flood plain, advised that his concern
was traffic as, although this particular area was some distance from Mark Drive, its
development would create more traffic on Mark Drive as it exists. Mr. Cronk noted the
possibility of further development, including a call centre, in the area in question; and
expressed the view that, until such time as something was done in that area of the City,
Council should not consider more development there and that the current
Transportation Study being undertaken by the City would not mean anything as there
would be nothing left to widen or build a road on.
Jean Urquhart of 20 Dutch Garden Lane expressed opposition to the
proposed re-zoning because, since 1990, the area has been building up and nothing
has been done for the flood plain issue; apprised Council of the effect on her family of
flooding in the area; and made the observation that most of the houses flooded have
been in the area a lot longer than the businesses. Mrs. Urquhart expressed the view
that building must be stopped until the flood issue has been addressed.
Fred Ganong spoke against the re-zoning as the owner of the property
at 378 Westmorland Road, a short distance from the subject property; and advised
that, while eight minutes in his driveway to get onto the Road seemed to be quite
acceptable by the City, it was not by his customers. Mr. Ganong asked why, if the area
was to keep enlarging, Westmorland Road had not been taken into consideration of
what was happening; and expressed concern about development in the flood zone.
Charles Swanton, Treasurer of the Exhibition Association, addressed
Council in support of the proposed re-zoning; and responded to concerns expressed by
Mr. Armstrong in his above presentation in terms of the Exhibition Association's
continued subsidization of harness racing at Exhibition Park and, with regard to the
extent of development of the frontage of the property, advised that the current Board of
Directors has indicated that, should the proposed re-zoning be successful, this would
be the last foreseeable re-zoning to be asked for along McAllister Drive for the reason
that the Board has had discussion on the issue of visibility and thinks it very important
for people to be able to see the Exhibition Association and the midway. Mr. Swanton
also advised that other issues would be addressed by the speaker following him,
although the Exhibition Association would like to see a solution to the flooding problem
and, in that area, was certainly willing to work with the City of Saint John to help
alleviate any flooding problem that may occur.
During discussion Mr. Swanton advised that, while this would be the last
re-zoning along McAllister Drive, this would not eliminate re-zoning in other parts of
Exhibition Park.
Michael Zakuta, appearing in support of the proposed re-zoning
representing McAllister Drive Plaza Inc., offered to respond to questions and advised
that he could not see how this project would impact harness racing in any way as the
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proposed development of approximately two acres of vacant land would not touch the
harness racing, barns or any other facilities; nor, with regard to the flood plain issue,
would the development have anything to do with flooding as the developer would not
be raising the level of the site and, in fact, would have the ability to lower the level of
the site, as well as the ability to organize water retention that would help the flooding
problem.
During discussion Mr. Zakuta addressed the idea of integrating the
existing traffic light on McAllister with the proposed development as a safety issue in
that access to the development nearby could result in a serious traffic problem, while
integrating the traffic light would make it much easier for customers of the proposed
development to enter and exit in a protected fashion using the traffic light; and advised
of the applicant's offer to make a financial contribution to the City to improve the access
to the Simonds Arena and also that, if the piece of land that runs parallel to the
Simonds Arena was not available, the applicant would have to seriously reconsider the
project as it would be a very difficult situation having an entrance in close proximity to
the traffic light. Mr. Zakuta also advised that the applicant was prepared to work hand-
in-hand with the City on the different flood plain requirements and would live up to
requirements the City might request. The Mayor stated the assumption that Council
would table the above matter so that the Planning Advisory Committee could have its
public hearing and also to await a report from the City Manager on the flood risk area
with recommendations on how to deal with this issue.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that Council defer its
decision on the proposed re-zoning of 111-113 McAllister Drive until such time as the
Planning Advisory Committee and staff have advised further in this regard.
Question being taken, the motion was carried.
7. Municipal Plan Amendment Re 162
And 177-187 Manners Sutton Road
Public presentation was made of a proposed Municipal Plan amendment
which would amend Section 3.4.1 of the Millidgeville Secondary Plan (Development
Area Design Guidelines - Projects and Proposals - Development Area A: Millidgeville
Core), by adding a new paragraph immediately before the existing final paragraph
under the heading "Development Theme/Character", and to permit re-zoning of a
parcel of land located at 162 and 177-187 Manners Sutton Road, with a frontage of
approximately 22 metres on the westerly end of Manners Sutton Road and an area of
approximately 4.5 hectares, also identified as NBGIC Numbers 55115562,55115547
and part of NBGIC Number 55115554), from "R-1A" One-Family Residential, "RS-2"
One- and Two-Family Suburban Residential and "RF" Rural to "TH" Townhouse
classification, and the subsequent development of one-family dwellings, two-family
dwellings and/or townhouses on the subject lands, as requested by Hughes Surveys &
Consultants Ltd. on behalf of G.H. (Sandy) Robertson.
8. Total Golf Management Inc.
Rockwood Park Golf Course
And Aquatic DrivinQ RanQe
Gerry Connolly, President of Total Golf Management Inc. (TGMI),
addressed Council regarding the current state of affairs at the City-owned Rockwood
Park Golf Course and Aquatic Driving Range which TGMI has managed under contract
with the City since April 1995, it having been more than three years since he last
addressed Council; and, having introduced John Skead, Partner and General Manager
of TGMI, apprised Council of charitable fund-raising golf events, corporate golf outings
and Provincial tournaments held at the Rockwood Park Golf Course during 1995, 1996
and 1997 and of plans for 1998, as well as of TGMI's memberships in various
associations and its marketing initiatives and employee complement and training. Mr.
Connolly advised that services have been enhanced and expanded at the Rockwood
Park Golf Course under Total Golf Management Inc. by now offering course
marshalling and mobile food and beverage service on course seven days a week, a
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fleet of twenty new power carts for rent, on-site professional instruction and a fully-
stocked pro shop; and also that the public golfing experience at Rockwood Park has
remained affordable as many fees have not increased, while others have increased in
the range of only two to three percent per year and, although the adult and senior
green fee rates were proposed to increase by $1 this year, the junior rate would drop to
$18 or ten percent in 1998 from $20. Mr. Connolly referred to a list of capital projects
completed at the Rockwood Park Golf Course and Aquatic Driving Range under TGMI
(copies of which were distributed to Council members at this meeting), noting the
capital work carried out by the City in partnership with TGMI, such as the parking lot
resurfacing and the Clubhouse expansion; and, through an overhead slide
presentation, provided visual details of the scope of the capital work completed under
TGMI. Mr. Connolly expressed the view that it would be in the mutual interest of Total
Golf Management Inc. and the City to revisit his original contract proposal for a contract
term of fifteen to twenty years, and to extend the current contract term of five years
accordingly in that he had some significant financial decisions to make during the next
year or two which would require a more long-term approach than the current term
allowed, such decisions involving, but not limited to, improvements to the irrigation
system, expanding existing tees, building new tee areas, equipment purchases, full
replacement of the boom at the Aquatic Driving Range, rework of eight greens from the
original nine holes and replacing windows and doors, and insulating and reworking the
exterior of the Clubhouse. Mr. Connolly requested that the Mayor and Council move to
allow negotiations to begin between City staff and Total Golf Management Inc. to
extend the existing contract term, thus allowing the City and Total Golf Management
Inc. to move forward with critical long-term planning in this public/private relationship
which has proven to be so successful over the past three years.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the City Manager be asked
to respond to the request of Mr. Gerry Connolly of Total Golf Management Inc. to enter
into negotiations with City staff for an extension to the contract term with regard to the
Rockwood Park Golf Course and Aquatic Driving Range.
Question being taken, the motion was carried.
9. Labatt Lite 24 Hour Relay
Consideration was given to correspondence from Labatt Breweries New
Brunswick requesting to appear before Council to discuss the utilization of Rockwood
Park to host the Labatt Lite 24 Hour Relay on August 8 and 9, 1998, and address any
issues or concerns which may exist; and advising that a handout has been prepared in
collaboration with Kevin Watson, a City Recreation Supervisor, to address issues such
as site location, parking, security, life guards, insurance and lack of disruption to
campers, and also that the proceeds of this event will be shared by three local
organizations - the Saint John Chapter of Special Olympics, Big Brothers and Big
Sisters of Saint John, and the Saint John Boys and Girls Club.
Patty Martin, Provincial Coordinator for the Labatt Lite 24 Hour Relay,
addressed Council on the history of the Relay in Canada, particularly in New Brunswick
where Labatt has been staging relays since 1986 and would be holding four relays in
1998 in Moncton, Fredericton, Bathurst and Saint John. Ms. Martin advised that, over
the last year when no relay was held in Saint John, Labatt had taken the time and
opportunity to consult with participants to ensure that the Labatt Relay remained
relevant and meaningful, and was confident that the City of Saint John, as well as
Relay participants, would be eager to show their support for the three charities selected
to share in the proceeds for the 1998 Relay scheduled to take place on August 8 and 9
at the City's Fisher Lakes venue. Angela Campbell distributed copies of a schematic of
the proposed Rockwood Park 1998 Relay Route during the presentation.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that Council approve the site of
Rockwood Park for the Labatt Lite 24 Hour Relay in August and refer the matter to the
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City Manager.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that item 22 on the
Committee of the Whole agenda of this date, being a teach-in regarding sports field
fees, be added to the agenda of this meeting for consideration as item 9A.
Question being taken, the motion was carried.
*9A. Teach-In Re Sports Field Fees
Mr. Butler, referring to information on considerations in establishing fees
for sports fields in 1998 and a spread sheet on the proposed fees for 1998 which was
distributed to Council members in Committee of the Whole earlier this date, made the
observation that a number of recommendations for budget reductions and areas for
revenue increases were made to Council in the presentation of the proposed 1998
Community Services Department, particularly in the Sports Facilities Programs and
Maintenance area for which approximately $1,275,000 was budgeted of which
approximately $670,000 was allocated to sports fields and a 1998 budget provision was
recommended to try to seek an additional revenue from sports field rentals of $20,000
for a total of $74,000 or a recovery of about 11 percent, the 1997 revenue having been
$54,000 representing about an 8 percent recovery, in an attempt to recover more from
sports fields to bring them closer to others, such as arenas from which approximately
44 percent of all expenditures was recovered. Mr. Butler explained the factors taken
into consideration when determining and recommending to Council the actual fees for
the various facilities, including whether the field is classed as primary or secondary, the
field time reserved, the age of participants, field damage and maintenance,
tournaments, charitable fund raisers, scheduling preference, and leagues; and, in
reviewing the spread sheet, advised that the recommendation for 1998 for the juvenile
and below group, which would be the Little League age 14 and below, was the nominal
fee of $100 per year, no change from the last two years; and that his recommendation
for 1998 for the intermediate (season) group for slo-pitch at primary fields where the
majority of teams using City fields play, was an increase from $322 to $425 which
would mean each player would pay $32.69 to the City for total revenue of $46,750, an
overall increase of 32 percent, a team increase of $103 and an increase for each
player of $7.92. Mr. Butler also recommended, as an increase in the intermediate
(season) group for baseball - primary fields which use twice the time used by slo-pitch,
a fee of $850 per team, an increase of 30 percent over 1997 and an increase per
player of $13; noted that there was no charge for youth under six for T-ball and 3-pitch;
and requested that Council consider approving the rates as recommended.
During discussion, Mr. Butler advised that, while his recommendation
during the budget process to increase sports field fees was approved and adopted, the
details of how they were to be applied were as presented and they would not be
applied uniformly, thus it would be appropriate for Council to actually approve the fees
at this time; and also advised that there was no consultation with teams prior to bringing
this into the budget. Mr. Woods endorsed the recommendation, adding that the
revenue was required if the City was to meet its budget target and, while the increases
on a percentage basis may seem excessive, on a per-person-per-season basis, they
were relatively modest and perhaps most importantly the rate increases would not
affect children in the community.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that item 20 on the agenda
of this meeting be brought forward for consideration at this time.
Question being taken, the motion was carried.
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20. Scrappers Ball Team
Labatt Co-Ed Slo-Pitch League
Proposed Ball Field Fee Increase
Consideration was given to a letter from Chris London, on behalf of
Scrappers Ball Team - Labatt Co-Ed Slo-Pitch League, expressing concern at the
proposal to increase ball field fees again this summer by over 40 percent which would
make the rates as high as $17,000 for the League.
10. Saint John City District Little
LeaQue Re Field Rental Costs
John Eisner addressed Council on behalf of the Saint John City District
Little League with regard to the burden on volunteers of the City's introduction two
years ago of a fee to charge Little League and other minor ball associations a fee for
the City fields which were used by the associations for the youth of the City; and
expressed the view that the City should reconsider the fee as has Quispamsis and
provide the minor league associations the fields required to provide the youth
worthwhile outdoor activity in a controlled, managed environment. Mr. Eisner
expressed the view that, as Little League was a non-profit organization, it was different
from any other type of sport as it did not turn anybody away, regardless of ability to
pay; and spoke on the basis of the fee being a child tax, the League representing
approximately a thousand children from the City of Saint John; and, with regard to the
$54,000 in revenue referenced in the above presentation by Mr. Butler, made the
observation that the Little League Association, in the last two years, represented about
six per cent of the fee structures passed on to organizations, and the three leagues
involved would represent about $3,000 billed out to the Little League. Mr. Eisner
commented on the Little League Association's fund-raising challenges, not having a
corporate sponsor and calling upon the children and parents to pay the fees, as well as
on the necessity of coming up with a shortfall in that only about seventy per cent of the
registrations were paid, and on the cost of running a Little League.
The Mayor noted that, in item 20, it was indicated that the average team
in the Labatt Co-Ed Slo-Pitch League must raise $1,496.38 to play ball in the City; and
suggested that, although the money was needed in the budget, Council would also
have to look at whether it wanted to go in that direction or try to raise that money
through another way. Councillor Gould asked if representatives from other than Little
League teams were present at the meeting from whom Council should hear at this time
to give a cross-section of what the situation was.
Kevin Binns of Ludlow Street West addressed Council as a player in the
Labatt League coaching the Foggers softball team, on the cost and fund-raising
involved for his family to play ball.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that Council support the
increase in fees for sports fields as recommended.
Councillor Vincent advised that he would have to oppose the motion on
the basis that it did not provide him with satisfaction that it would address the needs of
the young people of the community and also address the more senior or older people;
and suggested that it might be of benefit to ask staff to take a further look and bring
something back next week. Councillor Fitzpatrick expressed the view that, as Council
supported the revenue increase in the budget, Council should give support to staff on
the increase in fees. Councillor Brown commented on the importance of consultation
with those affected by the increase, and Council's lack of decision on a vision or
direction for the community. Councillor Gould advised that he did not want to see any
particular team find it impossible to play baseball this year because of what was
considered to be excessive fees and that the City should be flexible enough to work out
some arrangement for teams for which the fees might cause a hardship. Councillor
Ball advised that he could not support the motion as there should be some sort of
allowance for the young and those who have large families, and that the fee structure
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should be such that the subsidization percentage was not quite so high but still being
fair to the very young and those who want an opportunity to play but cannot afford it.
Mayor McAlary advised that she had some difficulty with the timing of the fee increase
in that, within the next two weeks, team registration would take place and the teams
have not had an opportunity to be aware of additional costs and fund-raising was
difficult. Deputy Mayor Chase made the observation that, in looking at $20,000 or
$80,000, it came down to what Council was willing to sacrifice from the community
infrastructure to fund something else; and suggested that it was necessary to get back
to determining basic services and putting up the tax rate to accommodate all who wish
to be accommodated. Mr. Beckett advised that, at the end of April, the audited financial
statements for 1997 to be presented to Council would show a deficit of in excess of half
a million dollars and closer to $800,000, and the budget for the upcoming year was
extremely tight, the flexibility having been taken out of this year's budget to find savings
from one area or another; and expressed concern not necessarily in terms of particular
issues that come forward in isolation but the trend they establish, such as the
compromise on building permit fees and some questions now in relation to sports field
fees.
Question being taken, the motion was lost with the Mayor and
Councillors Arthurs, Ball, Brown, Gould and Vincent voting "nay".
20.
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Chris
London, on behalf of Scrappers Ball Team - Labatt Co-Ed Slo-Pitch League,
expressing concern at the proposal to increase ball field fees again this summer -- be
received and filed.
Question being taken, the motion was carried.
11. Uptown Saint John Inc. - Response
To Saint John Port Corporation's
Corporate Land Use ManaQement Plan
Consideration was given to a letter from Uptown Saint John Inc.
submitting a report - "Inner Harbour: Its Role in the Future of Saint John, New
Brunswick", contracted with Victor Caliandro from the Cuningham Group in Minneapolis
to assist Uptown Saint John Inc. in preparing a response to the Saint John Port
Corporation's Draft Land Use Plan; and advising that waterfront development is the first
priority for Uptown Saint John Inc. as identified in its 1997-98 Corporate Plan which it
presented to Council in December.
Brad Mitchell, President of Uptown Saint John Inc., updated Council on
some of Uptown Saint John Inc.'s 1998 activities; and reviewed the above-mentioned
report, emphasizing the need to plan the waterfront as a working port and as a
business area together, and noting the implementation strategies which must be put
into place for the City of Saint John to realize a comprehensive vision of its waterfront
and urban centre. Mr. Mitchell also reviewed the procedural recommendation in the
report for the creation of a joint working group to oversee the development and any
plans for the waterfront.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that item 19 on the agenda
be brought forward for consideration at this time.
Question being taken, the motion was carried.
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MARCH 30, 1998
19. Uptown Saint John Inc.
Panhandlers On Streets
On motion of Councillor Fitzpatrick
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Uptown Saint John Inc. advising of a concern by its business members about the
number of panhandlers on the streets; and requesting assistance from the City Solicitor
in developing a by-law in this regard -- be referred to the City Solicitor.
Question being taken, the motion was carried.
12. Eric L. Teed - Eastside
Welding (1994) Ltd.
945 Old Black River Road
Consideration was given to a letter from Eric L. Teed of the law firm of
Teed & Teed submitting a presentation to be made at this meeting on behalf of
Eastside Welding (1994) Ltd. in view of comments of some Councillors as a result of
the actions of the Planning Advisory Committee, and the recent rejection by Council of
a proposed re-zoning affecting land of Eastside Welding (1994) Ltd., notwithstanding
any representation made subsequent to such rejection; advising that his client has
been accused, maligned and otherwise hurt by comments made by certain City
Councillors whom it considers may have been misled or who have misunderstood the
factual situation; and outlining what appeared to be the factual situation.
Eric L. Teed highlighted his previously-submitted presentation on behalf
of Eastside Welding (1994) Ltd., the owner of land located on the north side of Old
Black River Road, the re-zoning of which was recently denied by Council; and
expressed the view that Council did not follow the procedure set forth in the Community
Planning Act and allowed individuals to speak who technically had no right to speak as
there were no written objections as required by the Act. Mr. Teed explained why, in his
view, City staff, in its statement that the operation was illegal, was not only
inappropriate but was wrong, and that there has been negligent action by City staff
making statements which were not correct in law or in fact; and that this matter was
being brought to Council's attention to correct misunderstanding and misinformation
with the expectation that Council members would no longer consider Eastside Welding
(1994) Ltd. or Mr. Berryman as having committed any wrong or taken any illegal action
and, on the contrary, recognize that the City has inadvertently or otherwise perpetrated
a wrong upon Eastside Welding (1994) Ltd. and its proprietor. Mr. Teed suggested that
it would be appropriate if Council directed a letter to the Provincial authorities pointing
out the letter from City staff stating that it was an illegal use was an error and therefore
should be disregarded. Mr. Teed circulated a photocopy of photographs of the subject
site to Council members during his remarks.
(Councillor Arthurs withdrew from the meeting.)
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the presentation on
behalf of Eastside Welding (1994) Ltd. be referred to the City Manager and the City
Solicitor.
Question being taken, the motion was carried.
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that item 18 on the
agenda of this meeting be brought forward for consideration at this time.
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MARCH 30, 1998
(Councillor Arthurs re-entered the meeting.)
Question being taken, the motion was carried.
18. Eastside Welding Ltd. Re Petition
Submitted March 16 Council MeetinQ
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Shane
P. Berryman of Eastside Welding Ltd. suggesting that the petition submitted by Leanne
Dow Campbell to Council's March 16 meeting was inaccurate, unjustified and failed to
present the real situation -- be received and filed.
Question being taken, the motion was carried.
13. Mayor's Remarks
Mayor McAlary noted that the Cathedral of the Immaculate Conception
on Waterloo Street held a special service on the occasion of the illumination of the
steeple; and the Saint John Amateur Speed Skating Club was congratulated on the
successful hosting of the North American Championships which opened on March 27.
14. Re Implications Of Inclusion Of HST In
Tender For Residential GarbaQe Collection
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that the report from the City
Manager submitting, in response to a request for information during the award of the
tender for residential garbage collection at the February 23 Council meeting regarding
the implications of including HST with the collection contract, an analysis showing that
the additional cost as a result of HST applying is $14,445.57; advising that this must be
measured against the potential additional tipping fee cost if it were not included with the
contract amount and that, without a means of ensuring that the fee charged by Fundy
Solid Waste is specifically for garbage collected on behalf of the City, this supply
agreement could cost considerably more than the additional $1,203.80 per month; and
also advising that the total cost of the tender awarded to Dominion Refuse Collectors
Ltd. is $371,544.08 net of HST rebate which, on a per household basis, amounts to
$94.25 as the cost for both collection and disposal, and breaking this amount down
further shows that the collection cost is $32.18 and the disposal cost is $62.07 -- be
received and filed.
Question being taken, the motion was carried.
15. Tender For Visitor Guides
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, the tender submitted by Transcontinental Printing Ltd. of
Drummondville, Quebec, be accepted for the web printing and supply of 60,000 visitor
guides on 120 Jenson stock throughout, at a total cost of $33,032.40 (plus tax).
Question being taken, the motion was carried.
16. Maintenance Agreement For
Provincial HiQhways - 1998
Read a report from the City Manager noting that the City enters into an
agreement annually with the Province for payment by the Province of agreed costs
associated with the summer and winter maintenance of designated and regional
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MARCH 30, 1998
highways within the City as performed by the City, and that the City also provides
payment of the agreed cost to the Province for summer and winter maintenance of
municipal and regional streets within the City as performed by the Province; advising
that the maintenance rates established by the Province for 1998 have been kept at the
same amounts as for 1997 and there has been a minor adjustment in the agreed length
of streets, with the application of the rates resulting in the City receiving payment of
$368,974.71 and paying out a payment of $12,587.42 for maintenance performed by
the Province; and also advising that, in addition, the rates for various types of
pavement markings, such as lines and directional arrows, are submitted for approval
and, although the actual amount to be paid to the City will not be known until the actual
quantities are measured in the fall, this payment usually results in an additional
$36,000 being received.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, the Mayor and Common Clerk be authorized to execute the Maintenance
Agreement for Provincial Highways - 1998.
Question being taken, the motion was carried.
17. Street Closing By-Law Amendment
To Close, And Subsequently Sell,
Portion Of Bell Manor Drive
Consideration was given to a report from the City Manager apprising
Council of a proposal to close a portion of Bell Manor Drive further to a 1993 offer by
the Lewells and Saabs to purchase the portion of the undeveloped southern end of Bell
Manor Drive that adjoins their properties, the 1993 offer, while having been supported
by a number of property owners on Bell Manor Drive, was not supported by one of the
adjacent property owners who was attempting to sell his property and would not
support any change in the status of the street until he had done so; and advising that
the property in question was sold in 1997 and the new owner submitted a development
proposal which included extending services and utilizing part of the undeveloped street
to create a building lot and, in the process of reviewing this development proposal, it
became apparent that the City must retain ownership of some of the undeveloped right-
of-way for existing and future services. The report submits Plan - 1 indicating the
undeveloped portion of Bell Manor Drive as it now exists, and also advises that staff
has now determined that Parcels A, B and B-1 are surplus to the City's needs and may
be sold; and submits a recommendation in this regard.
On motion of Councillor Vincent
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, (1) Common Council authorize the necessary advertising for a
proposed Street Closing By-Law amendment to close the portions of Bell Manor Drive
identified as Parcels "A", "B" and "B-1" on the submitted plan, the advertising not to
commence until the recommended deposits have been received; and (2) in the event
that a by-law to close Parcels "A", "B" and "B-1" is enacted by Council, then (a) Council
authorizes the sale of Parcel "A" to David and Donna Lewell for $2.50 per square metre
plus taxes, together with all the City's survey costs, and accept a $500 deposit to be
paid by April 17, 1998, the closing to take place within 90 days of the closing of the
street; (b) Council authorizes the sale of Parcel "B" and "B-1" to Joseph and Bonnie
Saab for $2.50 per square metre plus taxes, together with all the City's survey costs,
and accept a $500 deposit to be paid by April 17, 1998, the closing to take place within
90 days of the closing of the street; and (c) the deposits will be forfeited to the City in
the event the purchasers do not accept title.
Question being taken, the motion was carried.
Adiournment
adjourned.
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MARCH 30, 1998
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
Question being taken, the motion was carried.
Common Clerk