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2001-09-10_Minutes 88-647 COMMON COUNCIL SEPTEMBER 10, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of September, A.D. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; G. Tait, Fire Chief; Police Sergeant R. Kohr; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that minutes of the meeting of Common Council, held on Tuesday, September 4, 2001, be approved. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary proclaimed September 10 to 16, 2001 as Battle of Britain Week in the City of Saint John, with the Royal Canadian Air Force Standard to be flown on the City flag staff. 6. Waterfront Development GuidinQ Principles Consideration was given to the Guiding Principles for Waterfront Development in Saint John, presented to Council on September 4, 2001 by the Saint John Development Corporation. On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the Guiding Principles for Waterfront Development in Saint John, presented to Council on September 4, 2001 by the Saint John Development Corporation, be approved as follows: Public Access - Future development must incorporate significant and permanent public access to our waterfront areas. Significant, Sustainable & Balanced Development - Our waterfront must encourage mixed-use development which is economically sustainable and of superior quality. Effective Public-Private Sector Partnerships - Successful waterfront development requires effective community partnerships. The public and private sectors must cooperate in prioritizing, planning and implementing waterfront development in Saint John. 88-648 COMMON COUNCIL SEPTEMBER 10, 2001 Sensitivity to the Historical Character of Saint John - Development along our waterfront must both reflect and complement Saint John's rich heritage, architecture and character and support the revitalization of the Trinity Royal Heritage Area. Broad-based Community Appeal - All of our citizens as well as visitors to the region, should feel welcome on our waterfront. Our waterfront should provide and support broad-based community activities and participation on a year-round basis. Support a Strong Working Port - To provide an active commercial port within a vibrant waterfront, co-existing with the surrounding community. Encourage Economic Growth & Diversification_- Waterfront development should create new economic growth and development opportunities in this region, including continued diversification into new economy activities such as information technology and tourism. Promote Arts & Cultural Activities_- The creation of public arts and cultural venues should be encouraged and the active participation of our arts community sought from the outset of waterfront planning. The concept of a waterfront "Festival Place" should be incorporated in our waterfront development plans. Encourage Interpretation & Education Activities - Our waterfront should encourage opportunities for interpretation and education, especially in reference to our community's extraordinary heritage, working waterfront and unique geographic location where the St. John River meets the Bay of Fundy. Meaningful, Open & Consultative Community Participation - Meaningful community participation is essential for successful waterfront planning and development. It should begin early in the process and be continuous throughout. Long-range Planning - Successful waterfront development will require commitment to a long-term vision and master plan. Development will occur in progressive increments over time that truly reflects the richness of this community's character. An Environmentally Sustainable Waterfront - Water is the defining force that fundamentally shapes the character and development of the Greater Saint John region. Sustainable waterfront development must incorporate community plans to improve the quality of our physical environment, including the St. John River, Kennebecasis River, Saint John Harbour and the Bay of Fundy. Enhance the Quality of Life for Residents of Greater Saint John - Waterfront development must create a positive and permanent impact on the quality of life for residents of Greater Saint John. Councillor Teed expressed concern in the above regard in that, in his view, the Guiding Principles proposed were far too broad and beyond the Waterfront Partnership's mandate as set out in the brief presented at the last meeting, involving everything that Council should be doing, and advised that he could not support the motion on that basis. Question being taken, the motion was carried with Councillor Teed voting "nay". 7. Response to Council Inquiries To Fundv ReQion Solid Waste Commission On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, which was tabled at the August 7, 2001 Council meeting, submitting a report from the General Manager of the Commission in response to the questions raised 88-649 COMMON COUNCIL SEPTEMBER 10, 2001 by Councillor Court in his letter considered at Council's July 23, 2001 meeting, be taken from the table for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the above letter from Councillor Chase be received and filed. Councillor Chase, in response to questions, advised that recyclable material received at the landfill other than glass, such as cardboard and plastic, was funneled through Saint John Recycling which locates markets and sells the materials, and glass is useful in the landfill operation as it provides an alternate to the daily cover; also advised that the compost facility, because of the nature of compost, required a shower facility on the compost site, thus the biggest reason for having a building constructed for the approximate seven employees; and further advised that, with the Zenon facility on site which is a water purification plant, the Commission hoped, in the very near future, to be actually discharging treated leachate on site and, with more experience as the landfill grows older, the Commission was learning more about that process and looking at ways of making that operate better through the implementation of engineering techniques and future cell construction to maximize the efficiency of the Zenon plant. Question being taken, the motion was carried. 8. Somerset Street Pedestrian CrossinQ On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the letter from Councillor Chase advising that, with regard to Council's resolution of September 4, 2001 directing staff to install a traffic signal on Somerset Street near St. Pius X Church, he is fearful that motorists would not notice a signal light, thus giving crossing pedestrians a false sense of security and the nature of that particular stretch of Somerset Street is such that the sight line of a motorist does not encompass the traffic light that hangs overhead, particularly for motorists travelling north; and asking Council's consideration in requesting staff to investigate the possibilities of installing an appropriate-sized median - large enough to accommodate a standing traffic signal that may offer the best protection to pedestrians and motorists, be referred to the City Manager as additional information. Question being taken, the motion was carried. 9. Tender For Contract 2001-22 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2001-22, Highland Road water pumping station, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $89,464, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 10. 2001-2002 Arena SchedulinQ Read a report from the City Manager advising that, further to Council's direction of July 9, 2001 for staff to consult with minor user groups concerning arena scheduling for the 2001-2002 season, staff has held several meetings with the minor groups concerned and satisfactory agreement has been reached with them on scheduling changes for the coming season; summarizing the discussions with the various groups, with staff confident that all past regular customers can be accommodated for the 2001-2002 season with the proposed changes that have been 88-650 COMMON COUNCIL SEPTEMBER 10, 2001 accepted by the minor associations and the use of Harbour Station by the Saint John Youth Hockey Association as outlined herein; and setting out a recommendation for the 2001-2002 arena scheduling. On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council adopt the following 2001-2002 arena scheduling: (1) open arenas from Monday - Friday at a time suitable to provide one-hour early morning rental each weekday, subject to sufficient demand; (2) open arenas on Saturday - Sundays for rentals to begin at 6:30 a.m.; (3) the current daytime School District #8 Free Skating Program would be redirected to Hurley Arena; (4) the free public use of the Simonds Arena for tiny tots, seniors and public skating would be absorbed into the regular programming at the other four City arenas; (5) minor group registration lists for the 2001-2002 season must be provided to the City prior to November 15; (6) a new arena ice rental rate of $65 per hour is established for the 2001-2002 season for early morning weekday ice rentals for all customers; however, minor groups are to be given first opportunity to schedule this time; and (7) the rental of up to 241.5 hours of ice time at Harbour Station by the Saint John Youth Hockey Association during 2001-2002 season be subsidized by the City of Saint John in the amount of up to $16,505 plus HS1. Question being taken, the motion was carried. 3. The Power Commission Of The City Of Saint John - 2000 Annual Report (Councillor Titus withdrew from his seat at the Council table.) Read a letter from Councillor Chris Titus, Chairman of The Power Commission of The City of Saint John (Saint John Energy), submitting a copy of the Commission's seventy-eighth Annual Report, together with financial statements, covering the operations of the Commission for the year 2000. Councillor Titus, Chairman of The Power Commission of The City of Saint John, addressed Council from the podium, noting the presence at the meeting of Richard Burpee, General Manager; A. L. Furness, Manager of Finance & Administration; E. J. Marr, Manager of Engineering & Operations; and Commissioners Anne Hickey and Councillor Desmond; and highlighted the Commission's 2000 Annual Report. The Mayor thanked the Commission members and staff for their commitment to and work on behalf of Saint John Energy, and advised that Council would consider a motion to receive and file the Commission's 2000 Annual Report later in the meeting. (Councillor Titus returned to his seat at the Council table.) (Councillors Fitzgerald and Teed withdrew from the meeting as they were not members of Council on April 17, 2001, being the date of the public hearing for the proposed re-zoning of 153 Cranston Avenue.) 11. Proposed Re-ZoninQ Of 153 Cranston Avenue On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager referring to the April 17, 2001 public hearing for the proposed re-zoning of the property located at 153 Cranston Avenue at which Council gave first and second readings but requested staff to provide additional information and a recommendation regarding a Section 39 condition pertaining to the parking situation, specifically a requirement that off-site parking be provided with written confirmation; submitting a letter from the applicants, Drs. William R. Shaw and 1. Jeffrey Bower addressing these issues, and advising that, although the applicant is unable to obtain a letter from the owner of a nearby commercial property for the purpose of providing a number of parking spaces, staff believes that, if the use of the site were limited to a maximum of two dentists or doctors, this would help minimize the demand for off-street parking and this could be 88-651 COMMON COUNCIL SEPTEMBER 10, 2001 included as a condition, pursuant to Section 39 of the Community Planning Act; and recommending that Common Council give third reading to the re-zoning of a parcel of land located at 153 Cranston Avenue, having an area of approximately 830 square metres (8,934 square feet), also identified as NBGIC Number 32078, from "R-2" One and Two Family Residential to "B-1" Local Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to apartments, barber shop or beauty parlour, and offices, but in no case more than two doctors or dentists, within the existing building, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 12. Zoning By-law Amendment To Re-Zone 153 Cranston Avenue On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-576 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 153 Cranston Avenue (NBGIC Number 32078), having an area of approximately 830 square metres (8,934 square feet), from "R-2" One and Two Family Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use to apartments, barber shop or beauty parlour, and offices, but in no case more than two doctors or dentists, within the existing building. The by-law entitled, "By-law Number C.P. 100-576 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Fitzgerald and Teed re-entered the meeting.) 13. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, September 4, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus, and your Committee submits the following recommendations, namely: 1. That as recommended by the Nominating Committee, Councillor Court, Donald Shaw, Maureen Fuller and Michael Sauerteig be re-appointed to the Environment Committee for a term of three years. 2. That as recommended by the Nominating Committee, and as recommended by the Board of Governors, Patrick Darrah and Joseph Flynn be re- appointed to the Board of Governors of Saint John Jeux Canada Games Foundation Inc. for a term ending December 31, 2003, or until their successors are appointed 3. That as recommended by the Nominating Committee, Christopher Waldschutz be re-appointed to the Preservation Review Board for a term of three years. 88-652 COMMON COUNCIL SEPTEMBER 10, 2001 4. That as recommended by the Nominating Committee, Deputy Mayor White and John R. McNamee be re-appointed to the Recreation and Parks Advisory Board for a term of three years. 5. That as recommended by the Nominating Committee, Richard A. Burpee be appointed to the Atlantic Health Sciences Corporation for a term of three years. 6. That as recommended by the City Manager, the City of Saint John purchase the fee simple interest in a 138m2:t portion of PID 551494413, located at 148 Busby Street, as generally shown on the submitted plan, from Mr. and Mrs. Robert Ouellette at a price of $9.42/m2 (approximately $1,300 plus HST), on or before December 31, 2001, with the City to prepare and pay for any plan of subdivision required for the conveyance, pay to a maximum $300 for discharge fees (bank mortgage) incurred by Mr. and Mrs. Ouellette to finalize this transaction, and pay to a maximum $500 for the legal costs incurred by Mr. and Mrs. Ouellette to finalize this transaction. 7. That as recommended by the City Manager, Common Council resolution of September 11, 2000 which authorized the acquisition of 585 Old Black River Road (PID 55005110) be amended by deleting "the Province of New Brunswick" and inserting in its place "Saint John Industrial Parks Ltd.", with all other aspects of the resolution to remain the same. 8. That as recommended by the City Manager, the City of Saint John accept the surrender of the existing lease with 056975 N.B. Ltd. for the Reversing Falls Restaurant: AND FURTHER that the City of Saint John lease Parcel A at Reversing Falls together with the building thereon, as generally shown on the submitted plan, to 056975 N.B. Ltd. on the same terms and conditions contained in the July 1, 1994 lease, except for the following, and that the Mayor and Common Clerk be authorized to sign the lease: (1) the term of the lease shall be from July 1,2001 to June 30, 2015; (2) delete paragraphs (a) through (g) in clause 3 of Schedule "C"; (3) change paragraph (i) in clause 3 of Schedule "C" by deleting "$2,600.00" and insert in its place "$2,683.33); (4) add to clause 3 of Schedule "C" the following: (k) for the year July 1, 2004 to June 30,2005 the sum of $34,608.00 payable in 12 equal installments of $2,884.00 on the 1 st day of each and every month from and including July 1, 2004 to and including June 1, 2005; (I) for the year July 1, 2005 to June 30, 2006 the sum of $37,008.00 payable in 12 equal installments of $3,084.00 on the 1st day of each and every month from and including July 1, 2005 to and including June 1, 2006; (m) for the year July 1,2006 to June 30,2007 the sum of $39,408.00 payable in 12 equal installments of $3,284.00 on the 1 st day of each and every month from and including July 1, 2006 to and including June 1, 2007; (n) for the year July 1, 2007 to June 30, 2008 the sum of $41,808.00 payable in 12 equal installments of $3,484.00 on the 1 st day of each and every month from and including July 1, 2007 to and including June 1, 2008; (0) for the year July 1, 2008 to June 30, 2009 the sum of $44,208.00 payable in 12 equal installments of $3,684.00 on the 1st day of each and every month from and including July 1, 2008 to and including June 1, 2009; (p) for the year July 1,2009 to June 30,2010 the sum of $46,608.00 payable in 12 equal installments of $3,884.00 on the 1 st day of each and every month from and including July 1, 2009 to and including June 1, 2010; (q) for the year July 1, 2010 to June 30, 2011 the sum of $49,008.00 payable in 12 equal installments of $4,084.00 on the 1st day of each and every month from and including July 1,2010 to and including June 1, 2011; (r) for the year July 1, 2011 to June 30, 2012 the sum of $51,408.00 payable in 12 equal installments of $4,284.00 on the 1st day of each and every month from and including July 1,2011 to and including June 1,2012; (s) for the year July 1,2012 to June 30, 2013 the sum of $53,808.00 payable in 12 equal installments of $4,484.00 on the 1 st day of each and every month from and including July 1, 2012 to and including June 1, 2013; (t) for the year July 1, 2013 to June 30, 2014 the sum of $56,208.00 payable in 12 equal installments of $4,684.00 on the 1st day of each and every month from and including July 1,2013 to and including June 1,2014; (u) for the year July 1,2014 to June 30, 2015 the sum of $58,609.00 payable in 12 equal installments of $4,884.00 on the 1 st day of each and every month from and including July 1, 2014 to and including June 1, 2015; 88-653 COMMON COUNCIL SEPTEMBER 10, 2001 (5) delete clause 30 of Schedule "B"; (6) add to Schedule "B" clause 46 in Schedule "C" of Regulation 83-132 (Leases Regulation - Standard Forms of Conveyances Act); (7) add to clause 5 of Schedule "C" the following new paragraph: (g) to keep all washroom facilities within the Premises clean and stocked at all times with the appropriate paper towel, toilet tissue, soap and related items; (8) delete clauses 7, 15, 17 and 24 of Schedule "C"; (9) add to Schedule "C" the following clauses: The lessee shall pay for all interior maintenance including but not limited to painting, decorating, cleaning, replacing of light bulbs, etc. and repairs to or replacement of all interior walls, floors, doors and ceilings; The lessee shall pay all real property taxes and local improvements levied against Parcel A (including the Premises) and with the consent of lessor, The lessee may at its own means and expense appeal the property tax assessment. The lessor will not unreasonably withhold such consent provided all outstanding real property tax levies are paid in full by the lessee; until such time as the lessor ceases to use a portion of the Premises as a Visitor Information Centre, The lessor shall, subject to proof of payment by the lessee, annually reimburse the lessee twenty-five (25%) percent of the water and sewerage charges and ten (10%) percent of the real property taxes levied against the premises; The lessee shall maintain the electrical, plumbing and water and sewer systems of the premises; The lessor shall be responsible for the replacement of damaged or faulty components of the electrical, plumbing, water and sewer and structural systems of the demised premises unless the same is caused by the negligence of the lessee. In no event shall the lessor be liable to the lessee for any loss occasioned by the interruption or failure in the supply of utilities to the premises unless the same is caused by the negligence of the lessor; The lessor shall, on a year round basis, maintain Fallsview Drive, a public street, to such standard as from time to time determined by the Commissioner of Municipal Operations of the City of Saint John, but shall not include snow removal in and around areas designed, reserved or set aside for parking; (10) delete Schedule "A" and insert in its place Parcel A on the submitted plan; and (11)change clause 20 of Schedule "C" by deleting "One Million Dollars ($1,000,000.00)" and insert in its place "Two Million Dollars ($2,000,000.00)". 9. That as recommended by the City Manager, the City of Saint John lease Parcel B in Reversing Falls Park, as generally shown on the submitted plan, to 056975 N.B. Ltd. on the following terms and conditions, and that the Mayor and Common Clerk be authorized to sign the lease: - Term of the lease shall be ten years commencing January 1, 2002 and terminating December 31, 2011 or 90 days after the giving of a written notice by either party to the lease. There shall be no cancellation in the first two years. - Annual rent during the term shall be as follows: 2002 - 0; 2003 - $3,480; 2004 - $3,600; 2005 - $3,720; 2006 - $3,840; 2007 - $3,960; 2008 - $4,080; 2009 - $4,200; 2010 - $4,320; 2011 - $4,440. - Annual rent shall be payable in 12 equal installments due on the 1 st day of each and every month. - Unless otherwise approved by the lessor, the use of the site shall be limited to an outdoor patio deck and cafe to be operated in conjunction with the Reversing Falls Restaurant. - The construction of the patio deck must be completed on or before December 31, 2003. - No sanitary sewer or water lines shall be extended to Parcel B without the prior written consent of the lessor. - Subject to approval from he Department of Health and Wellness (or other applicable Provincial Government Department), a holding tank(s) for water and sewerage may be installed on Parcel B. - Parcel B shall be leased "as is". The lessor offers no warranty as to its development potential or soil conditions. - Prior to the construction of the patio deck or the undertaking of site improvements, the lessee must submit plan(s) with a geo-technical report on the soil conditions to the Manager of Real Estate and Facility Management of the City of Saint John for approval. The patio deck and all site improvements must comply with all applicable municipal, provincial or federal by-laws, acts or regulations. - The lessee must apply for and obtain all necessary permits and approvals prior to construction of the patio deck. 88-654 COMMON COUNCIL SEPTEMBER 10, 2001 - If the proposed site improvements or patio deck design are deemed unsuitable because of soil conditions, the lease may be terminated and the lessee shall be responsible for site remediation to the satisfaction to the lessor. - The lessee shall be responsible for the maintenance of the patio deck. - Commencing in year 2004, the lessee shall pay all real property taxes and local improvements levied against Parcel B and with the consent of lessor, the lessee may at its own means and expense appeal the property tax assessments. The lessor will not unreasonably withhold such consent provided the lessee has paid all outstanding real property tax levies in full. - The lessee shall not have the right to assign or sublease any portion of Parcel B except to a company wholly owned by the lessee. - In the event the lessor installs, repairs or renews any municipal services or streets in the vicinity of the leased land and if the lessor is of the opinion that the patio deck or appurtenances thereof must be relocated in order to best perform the required installation, repairs, or renewals the lessee is obligated to relocate the patio or portions thereof at the lessee's own expense, and in such event, the lessor shall not be liable for any payment of compensation for the loss or interruption of business which may have been caused by the required work and/or patio relocation. - All structures or pilings on the property must be maintained to a standard acceptable to the Building Inspector and comply with all municipal by-laws. - The lessee shall indemnify and save harmless the lessor against all actions, expenses, claims and demands of any kinds on account of the non-performance of the covenants of the lessee in the lease; and the lessee agrees to indemnify, protect, defend and hold the lessor, its officers, employees and agents harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of lessor), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the leased lands. - Notwithstanding the rights given herein, the lessor retains the right to plan, construct, operate and maintain a public trail over and along Parcel B. The lessee must co- operate with the lessor with respect to the location and operation of the public trail over the leased lands. - The lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured. The policy must be subject to a cross liability clause and remain in effect during the term of the lease, failing which the lessor has the right to terminate the lease. - There shall be no renewal of this lease. - The lessor shall take possession of the patio deck upon termination of the lease unless the lessee, prior to termination removes the patio deck. - The lease shall be subject to the covenants or conditions numbered 11, 12, 13, 14, 15, 17,20,21,22,25,26,27,28,30,33,36,38,39,41,42,45 and 46 in Schedule C of Regulation 83-132 (Leases Regulation - Standard Forms of Conveyances Act). 10. That as recommended by the City Manager, the City of Saint John lease rental unit 138 (750 square feet) at Market Square from the Hardman Group Ltd. for a Tourist Information Centre, upon the same terms and conditions as the lease dated March 24, 1997 and also under the following terms and conditions: (1) Term - commencing May 1,2001 and ending April 30, 2006; (1) Minimum Rents: Year 1: $8.00 per square foot (fully net); Year 2: $8.50 per square foot (fully net); Years 3 to 5: $9.00 per square foot (fully net; (3) Early Termination Right: The City of Saint John has the right to early termination prior to the 4th lease year, provided the City serves prior written notice not less than 180 days in advance to the Hardman Group; and that the Mayor and Common Clerk be authorized to execute the lease. 11. That as recommended by the City Manager, the City accept the offer of Floyd Williston (McNulty Cartage), owner of property at 580 Sea Street, of the structure and adjoining lands to the Fire Department for the purposes of training, on the condition that mutual releases be executed by the City and all those with an ownership interest in the property, in substance satisfactory to the City Solicitor, with respect to liability which might arise from the use of the property at 580 Sea Street for training exercises by the City's Fire Department. September 10, 2001 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. 88-655 COMMON COUNCIL SEPTEMBER 10, 2001 13.1. Environment Committee Appointments On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 13.2. Canada Games Foundation - Appointments On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 13.3. Preservation Review Board - Appointment On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 13.4. Recreation And Parks Advisorv Board - Appointment On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 13.5. Atlantic Health Sciences Corporation - Appointment On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 13.6. Acquisition Of Land - 148 Busbv Street On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 13.7. Acquisition Of 585 Old Black River Road On motion of Councillor Titus Seconded by Councillor Court RESOLVED that section 7 of the above report be adopted. 88-656 COMMON COUNCIL SEPTEMBER 10, 2001 Question being taken, the motion was carried. 13.8. Lease - Reversing Falls Restaurant And Visitor Information Centre On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. 13.9. Lease - ReversinQ Falls Park On motion of Councillor Trites Seconded by Councillor Court RESOLVED that section 9 of the above report be adopted. Councillor Teed, referencing information including an editorial about the Reversing Falls area subsequent to a 1997 presentation to Council by university students pointing out the danger of the Reversing Falls area and the need to develop it, expressed the view that the lease proposed was a dead lease in view of the number of years involved and there being no commitment for the lessee to do anything for three years, nor could anybody else do anything on the park site; and expressed the opinion that, as this empty piece of land could be tied up for nothing, it was not feasible or reasonable for the City to tie something up which could be a gem, being the one place where one can go down close to the water and look up under the bridge to the Falls. Councillor Teed, in noting the uniqueness of the site in question, made the observation that there had been no public call to develop this area, and suggested that the matter should be set over for a period to look at the terms of the lease and why the City would commit itself for three blank years on a possibility, not knowing what was to go there. Question being taken, the motion was carried with Councillor Teed voting "nay". 13.10 Lease - Market Square Tourist Information Centre On motion of Deputy Mayor White Seconded by Councillor Teed RESOLVED that section 10 of the above report be adopted. (Rescinded February 4, 2002 Bk. 88 pg. 853 ) Question being taken, the motion was carried. 13.11. Release For Use Of Property - 580 Sea Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried. 14. Skate Canada Sectionals - Sponsorship Request On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that, with regard to the letter from the Sponsorship Co-ordinator of the Bank of Montreal Skate Canada Sectionals New Brunswick Championships and the 2002 New Brunswick Western Interclub Championships, requesting sponsorship of these two events being hosted by the Saint 88-657 COMMON COUNCIL SEPTEMBER 10, 2001 John Skating Club and the Kennebecasis Valley Figure Skating Club on November 2 - 4, 2001 and January 26 - 27,2002, respectively, Council approve sponsorship of $1,000. Question being taken, the motion was carried. 15. John Wood - Odour From Ship On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the letter from John Wood expressing the view that the Port should not allow the ship with fish on it in Saint John, be received and filed. The Mayor noted that the above letter had to do with fish meal coming into the Port of Saint John, and the Saint John Port Authority had looked into the issue of odour and done everything it could do to eliminate it. Question being taken, the motion was carried. 4. Uptown Saint John Inc. - King Street Sidewalk Reconstruction Consideration was given to a letter from Mike McGraw, President of Uptown Saint John Inc., requesting Council to reconsider its decision of Tuesday, September 4, 2001 on the matter of King Street sidewalk reconstruction as it would affect the overall infrastructure of the Saint John peninsula, the City having set an image of what the core Uptown area would look like and sidewalks being a major part of the "Victorian image" created in Trinity Royal, King's Square, the Loyalist Burial Ground and major uptown streets; and expressing the view that, in planning waterfront development and issues revitalizing King Street and upper floors, lowering the standards on sidewalks and the potential mismatch of City streets needed to be reconsidered and, while it was realized that Uptown Saint John Inc. should have been more involved prior to this point, it was understood that brick was the standard accepted and recommended by City staff and Common Council. Councillor Titus asked, if Council were inclined to revisit its decision of last week on the above issue, whether or not anything could be done with regard to the contract at this point in time, to which Mr. Totten responded on the basis that, having been advised on Tuesday morning following the Council meeting that there were some community issues with respect to Council's decision, he contacted Mr. Groody and ensured that the City would not be signing the contract until this matter was rectified and on Friday he came to understood that Uptown Saint John Inc. was to make this presentation; and Mr. Nugent asked that, if after the presentation Council were inclined to be supportive of making a change in position from the decision made last week, to refer the matter to him for review in terms of what, if any, restrictions or limitations or consequences there might be in doing so. Mike McGraw, President; David O'Brien, Past President, and Margaret Campbell, General Manager of Uptown Saint John Inc., were present at the meeting in the above regard, and Mr. McGraw, through a computer-aided presentation (copies of which were distributed to Council members at this meeting), explained Uptown Saint John Inc.'s concern about Council's approval of the use of stamped concrete rather than tight-pack (butt) in terms of standards and authenticity of the Uptown core into the future, the quality level of its infrastructure, the long-term effects on the character and trademark as Canada's First Incorporated City, and the material issues with respect to the products. Included in the presentation were photographs depicting sidewalks of brick, stamped concrete and tight-packed (butt) brick to illustrate these concerns on the basis of cost, quality, authenticity, longevity, regular maintenance, long-term repair, safety, visual appeal, and installation. Mr. McGraw asked Council to reconsider the use of concrete versus bricks in the Uptown area, and expressed the view that the loss of the Uptown character at savings of eleven percent was not in the best interest of the citizens in the long-term. During discussion Councillor Teed commented on the basis that authentic sidewalks would be cobblestone not brick as the latter has been used for only twenty years, and also that the Burial Ground was not Victorian in nature but historic and 88-658 COMMON COUNCIL SEPTEMBER 10, 2001 Loyalist if anything, King Street was not just Victorian but included modern buildings, and King's Square had cobblestones on its edge rather than bricks; and expressed the view that the statement in the above letter from Uptown Saint John Inc. about Council's decision moving the uptown from the middle ground to the low ground, severely hindering potential opportunities for the future was pure puffery and exaggeration; and Councillor Fitzpatrick spoke of his concern about safety with the use of any type of brick, particularly on the downhill slope on King Street, and advised that he was under the impression that stamped concrete was of the least concern in terms of safety. On the issue of timing of the project, Mr. Groody advised that, as staff's biggest concern at this time was the safety of King Street sidewalks and in his view it would be unfortunate if the project were delayed much longer as it was very important that this work get done this year, it would be necessary to move expeditiously. Councillor Trites asked if, as the same firm has the low bid on both projects, there was still a concern of referring it to the City Solicitor to which Mr. Nugent advised that, although he provided written advice to Council in 1998 when a similar situation was faced in dealing with reversing a decision made vis-a-vis awarding a contract, it would be prudent to review the case law since then to make sure that there have been no changes that would impact the possible liability the City might face if it were to rescind and change the resolution adopted last week. As to whether or not it would be possible for Council to vote, subject to a letter of release from the company in the meantime in order to get things started before the next meeting, change the contract from stamped to the butt-brick, Mr. Nugent advised that that would address the issue of whether there could be any potential liability as a result of a change in last week's resolution vis-a-vis Nautilus Construction based on last week's resolution and not looking behind it, Nautilus Construction being the only player involved. Councillor Trites asked if it would be appropriate for Council to make an amending motion to last week to go with the butt-brick type of construction subject to Nautilus giving the City that letter of comfort through the City Solicitor's office, and Mr. Nugent, having received Mr. Groody's confirmation that the tender that was called was for butt-brick and concrete and Nautilus Construction was the low bidder, suggested that the process could be streamlined more so if Council rescinded the motion adopted last week to award the contract to Nautilus for stamped concrete and pass a resolution awarding the contract based upon the tender for butt-brick to the low bidder, Nautilus Construction. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Common Council rescind its resolution of September 4, 2001 for the award of Contract of 2001-6, King Street brick replacement, to Nautilus Construction & Rentals Ltd., for variable width concrete with stamped concrete: AND FURTHER that as recommended by the City Manager, Contract 2001-6, King Street brick replacement, be awarded to Nautilus Construction & Rentals Ltd., as originally tendered, at the tendered price of $226,927.80 as based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Teed, on a point of order, asked if this matter should be considered last on the agenda, to which the Mayor replied that, as Council was almost at the end of the meeting, she would accept the motion. Councillor Teed expressed concern that Council, in effect, would be saying that it would now be committed to every sidewalk in Uptown Saint John being perpetually made of brick, and he advised that he could not accept that as some of the streets were too narrow for that. Question being taken, the motion was carried with Councillors Fitzpatrick and Teed voting "nay". 3. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the 2000 Annual Report of The Power Commission of The City of Saint John be received and filed. Question being taken, the motion was carried. 88-659 COMMON COUNCIL SEPTEMBER 10, 2001 Adjournment The Mayor, in adjourning the meeting, noted Council's next regular meeting in public session to be held on Monday, September 17, 2001 at 7:00 o'clock p.m. Common Clerk