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2009-09-14_Agenda Packet--Dossier de l'ordre du jour�1 �i 0 City of Saint John Common Council Meeting Monday, September 14, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Potential Litigation 10.2(4)(f,g) 1.2 Employment Matter 10.2(4)0) 13 Nominating Committee 10.2(4)(b) 1.4 Financial Matter 10.2(4)(c) 1.5 Employment Matter 10.2(4)0) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of August 17, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 YMCA -YMWCA Request to Present (Recommendation: Refer to Cleric to Schedule) 5.2 Uptown Saint John Letter to Council (Recommendation: Receive for Information) 5.3 Contract 2009 5 Bayside Drive Phase 1 New 600mm Sanitary Forcemain (Old Dry Dock to Thorne Ave)(Recommendation in Report) 5.4 Residential Infrastructure Assistance No. 55 for Folkins Estates Subdivision Phases 5 and 6 (Recommendation in Report) 5.5 Contract No 2009 8 Millidgeville Waste Water Treatment Facility Secondary Clarifier Building Electrical Component Renewal Project (Recommendation in Report) 5.6 Harbour Cleanup Lift Station 34 Acquisition of Constriction Easement Agreement PID No 00403535 (Recommendation in Report) 5.7 Proposed Public Hearing Date for 202 St. James St West (Recommendation in Report) 5.8 Amendments to Agreement of Purchase and Sale 243 Prince William and 230 Water Streets (Recommendation in Report) 5.9 Recreational Infrastructure Canada Program Funding - Carleton Community Centre (Recommendation in Report) 5. 10 Engineering Design and Constriction Management Services Sea Street Storm System Improvements (Recommendation in Report) 5.11 Stormwater Management Beach Crescent, Meadowbank Drainage Basin (Recommendation in Report) 5.12 MC2009 -288, City Hall Accessibility (Recommendation: Receive for Information) 5.13 MC2009 -289, Status of Development at 1 -11 Bridgeview Ct and 14 -32 Rockingstone Dr. (Recommendation: Receive for Information) 5.14 Proposal 2009- 092203P City of Saint John Citizen Survey (Recommendation in Report) 5.15 2009 Water & Sewerage Utility Fund Capital Program Adjustments (Recommendation in Report) 5.16 Proposal for Trails and Bikeway Strategic Plan (Recommendation in Report) 5.17 Tender for HRV /Humidification System 5.18 Tender for Front Entrance Repairs (Recommendation in Report) 5.19 Tender for Cooling System (Recommendation in Report) 5.20 Beaverbrook Avenue Storm Sewer Installation and Street Reconstruction (Recommendation in Report) 5.21 Replacement Loader for 705 (Recommendation in Report) 5.22 River Valley Female Hockey Association Request for Ice Time (Recommendation: Refer to Acting City Manager) 5.23 L'Arche Saint John Request for Funding (Recommendation: to Deny Request) 5.24 Westfield Road Reconstruction Project Acquisition of Easement Through PID 289629 and Freehold Interest in Another Portion of PID 289629 (Recommendation in Report) 5.25 Westfield Road Reconstruction Project PID# 55025423 (Recommendation in Report) 5.26 Westfield Road Reconstruction Acquisition of Easement through portion PID No 290205 (Recommendation in Report) 5.27(a,b) North Side of Grantham Road (Recommendation in Report) 5.28 Sophia Recovery Centre Request for Funding and Request to Present (Recommendation: Deny Request and Refer to Clerk to Respond) 5.29 School District 8 Request - Centennial School Playground (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 9.1(a)Proposed Zoning By -Law Amendment 70 Gault Rd 9.1(b)Letter from Galbraith Constriction Ltd. 9.1(c) Planning Advisory Committee Recommending Rezoning 10. Consideration of By -laws 10.1 Third Reading Zoning By -Law Amendment - 1808 Hickey Rd 10.2 Public Presentation- Proposed Municipal Plan By -Law Amendment 72 Broad St 11. Submissions by Council Members 11.1 West Saint John Flooding (Councillor McGuire) 11.2 Taylor Avenue Playing Field (Councillor McGuire) 2 11.3 Youth Input Into Recreational Needs (Councillor McGuire) 11.4 Sandy Point Road Study (Councillor Higgins) 11.5 Derelict /Vacant Buildings (Councillor McGuire) 11.6 Clarification Regarding Moratorium on Development on Sandy Point Rd (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 Common Cleric: Rogers Live Coverage of Council Meetings 12.2 Acting City Manager: Award of RFP 2009 192202p Consulting services Municipal Plan Growth Management Strategy 12.3 Commissioner of Finance: Municipal Infrastructure Lending Program 12.4 Acting City Manager: Effects of Tropical Storm Danny 12.5 Acting City Manager: Canada Games Stadium Upgrades 12.6(a,b) Acting City Manager: Loch Lomond Community Centre - Sport Field Restoration Project 12.7 Acting City Manager: Grant Request for Funding for Imperial Theatre 12.8 Acting City Manager: User Pay Option - Solid Waste Management Service 13. Committee Reports 13.1 Saint John Parking Commission: Purchase of Pay and Display Parking Machines and Upgraded Credit Card Readers 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 �1 �i 0 City of Saint John Seance du conseil communal Le lundi 14 septembre 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, hotel de ville 1.1 Litiges possibles — alin6a 10.2(4)f, g) 1.2 Questions relatives a 1'emploi - alin6a 10.2(4)j) 13 Comit6 des candidatures — alin6a 10.2(4)b) 1.4 Question financi&re — alin6a 10.2(4)c) 1.5 Question relative a 1'emploi — alin6a 10.2(4)j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 15 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 17 aout 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande de presentation de la part de YMCA -YWCA (recommandation: transmettre a la greffi&re pour qu'une date de presentation soit fix6e) 5.2 Lettre de Uptown Saint John adress6e au conseil (recommandation : accepter a titre informatif) 5.3 Contrat no 2009 -5 : Promenade Bayside — Phase I — Nouvelle conduite de refoulement sanitaire de 600 mm, de 1'ancien bassin de radoub a l'avenue Thorne (recommandation figurant au rapport) 5.4 Demande no 55 relative au programme d'aide a l'infrastricture r6sidentielle — Plan de lotissement (phases 5 et 6) pr6sent6 par Folkins Estates Inc. (recommandation figurant au rapport) 5.5 Contrat no 2009 -8 — Installation de traitement des eaux us6es de Millidgeville — Projet de renouvellement des composantes 6lectriques et des clarificateurs du bdtiment secondaire (recommandation figurant au rapport) 5.6 Station de relevement no 34, dans le cadre du nettoyage du port — Acquisition d'une convention relative a la constriction d'une emprise portant le NID 00403535 (recommandation figurant au rapport) 5.7 Date propos6e pour les audiences publiques visant le 202, rue St. James Ouest (recommandation figurant au rapport) 5.8 Modifications de la convention d'achat -vente d'un bien -fonds situ6 au 243, rue Prince William et au 230, rue Water (recommandation figurant au rapport) 5.9 Projet de financement dans le cadre du programme Infrastructure de loisirs du Canada — Centre de mieux -etre du centre communautaire de Carleton (recommandation figurant au rapport) 5.10 Elaboration des services de gestion de la conception et de la constriction — Travaux de modernisatio du systeme d'6gouts pluviaux de la rue Sea (recommandation figurant au rapport) 5.11 Gestion des eaux pluviales du croissant Beach, bassin versant Meadowbank (recommandation figurant au rapport) 5.12 M/C 2009 -288 — Accessibilit6 a 116tel de ville (recommandation: accepter a titre informatif) 5.13 M/C 2009 -289 — Etat d'avancement des travaux du I -11, croissant Bridgeview et du 14 -32, promenade Rockingstone (recommandation: accepter a titre informatif) 5.14 Proposition no 2009- 092203P : City of Saint John Citizen Survey — Sondage portant sur les citoyens de Saint John » (recommandation figurant au rapport) 5.15 Ajustements au programme d'immobilisations du fonds des services d' aqueduc et d' 6gouts pour 2009 (recommandation figurant au rapport) 5.16 Soumission relative au plan strat6gique d'am6nagement des sentiers et des voies cyclables (recommandation figurant au rapport) 5.17 Soumission relative au un systeme de ventilateur- r6cup6rateur de chaleur et d'humidification 5.18 Soumission relative aux reparations de 1'entr6e principale (recommandation figurant au rapport) 5.19 Soumission relative a un systeme de refroidissement (recommandation figurant au rapport) 5.20 Installation des 6gouts pluviaux et travaux de refection de l'avenue Beaverbrook (recommandation figurant au rapport) 5.21 Remplacement du modele actuel de chargeuse pour le modele 705 (recommandation figurant au rapport) 5.22 Demande presentee par River Valley Female Hockey Association relativement au temps de glace (recommandation : transmettre au directeur general) 5.23 Demande de subvention presentee par L'Arche Saint John (recommandation: rejeter la demande) 5.24 Acquisition d'une parcelle de terrain portant le NID 289629 et de 1'int6ret franc d'une autre parcelle de terrain sous le meme NID, et ce, dans le cadre du projet de refection du chemin Westfield (recommandation figurant au rapport) 5.25 Projet de refection du chemin Westfield — NID 55025423 (recommandation figurant au rapport) 5.26 Refection du chemin Westfield — Acquisition de la parcelle de terrain portant le NID 290205 (recommandation figurant au rapport) 5.27a, b) C6t6 nord du chemin Grantham (recommandation figurant au rapport) 5.28 Demande de financement de la soci6t6 Sophia Recovery Centre Inc. et demande visant a se presenter devant le conseil (recommandation : rejeter la demande et transmettre a la greffiere pour qu'elle communique la r6ponse) 5.29 Demande soumise par le district scolaire no 8 - Terrain de jeux de 1'6cole Centennial (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 5 8. Delegations et presentations 9. Audiences publiques 9.1a) Projet de modification de 1'arret6 de zonage visant le 70, chemin Gault 9.1 b) Lettre revue de Galbraith Constriction Ltd. 9.1 c) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Troisi&me lecture du projet de modification de 1'arret6 de zonage visant le 1808, chemin Hickey 10.2 Presentation publique du projet de modification de 1'arret6 sur le plan municipal visant le 72, rue Broad 11. Interventions des membres du conseil 11.1 Inondations de Saint John Ouest (conseiller McGuire) 11.2 Terrain de jeux de l'avenue Taylor (conseiller McGuire) 113 Participation des jeunes relativement aux besoins r6cr6atifs (conseiller McGuire) 11.4 Etude portant sur le chemin Sandy Point (conseiller Higgins) 11.5 Batiments abandonn6s et vacants (conseiller McGuire) 11.6 Explication au sujet du moratoire relatif a 1'am6nagement du chemin Sandy Point (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Diffusion en direct des seances du conseil par la soci6t6 Rogers 12.2 Directeur general par interim : Attribution du contrat relatif a la demande d'appel d'offres no 2009 192202p — Services consultatifs, plan municipal, strat6gie de gestion de la croissance 123 Commissaire aux finances : Programme de pret pour les infrastructures municipales 12.4 Directeur general par interim : Consequences de la tempete tropicale Danny 12.5 Directeur general adjoint : Modernisation du stade des Jeux du Canada 12.6 Directeur general adjoint : Centre communautaire Loch Lomond — Projet de restauration du terrain de j eu 12.7 Directeur general par interim : Demande de financement pour le theatre imperial 12.8 Directeur general par interim : Possibilit6 de faire payer les usagers — Service de gestion des d6chets solides 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Achat de syst&mes de paiement a console d'affichage et de lecteurs de cartes de credit r6cents 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance I September 11.20O9 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of September 14,20OScontains the following items oD the agenda: 11 Potential Litigation 10.2(4)/f,g\; 1.2 Employment Matter 1O.2(4)6)� 1.3 Nominating Committee 10.2(4)(b); 1.4 Financial Matter 10.2(4)b); 1.5 EmCH8y8[nert Matter 1D.2(4)0\ Section 1O.2(4) of the Municipalities Act atabes� "If it is necessary et a meeting of council, cv committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the disounsion`: (b) "Personal Information" (o) "information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading toom agreement urcontract" (O: "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and chent in a matter of municipal business". (Q) "litigation or potential litigation affecting the municipality or any of its agennien, boards or commissions, including a matter before mn administrative tribunal" 0) "labour and employment matters, including the negotiating of collective agreements" Respectfully Submitted, Jonathan Ta Assistant Common Clerk SAINT JOHN P.O. Box l�Saint John, NB Canada E21- 4L1| wwwsaintjohn.ca �[A 1971 Saint John, N.-B. Canada E21- 4LI 94 -605 COMMON COUNCIL / CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 17, 2009 7:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan, and Titus -and - P. Woods, Acting City Manager; F. Beaulieu, City Solicitor; C. Graham. Comptroller; P. Groody, Commissioner of Municipal Operations; S. Herring, Planner; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Morrison, Commissioner of Leisure Services; B. Reid, Chief of Police; M. Gillen, Deputy Fire Chief, J. Taylor, Assistant Common Clerk and K. Tibbits, Administrative Assistant. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE — LE 17 AOOT 2009 A 19 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur general par interim; F. Beaulieu, avocat municipal; C. Graham, controleuse; P. Groody, commissaire aux operations municipales; S. Herring, urbaniste; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; B. Morrison, commissaire des Services des loisirs B. Reid, chef de police; M. Gillen, chef adjoint du service d'incendie, J. Taylor, greffier communal adjoint et K. Tibbits, adjointe administrative. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on July 20, 2009 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 20 juillet 2009 soit approuve. A I'issue du vote, la proposition est adoptee. 94 -606 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 3. Approval of Agenda On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the agenda of this meeting with the addition of items: 5.12 Rockwood Park Redevelopment Phase 2; 9.2(c) Letters of Support for 72 -74 St. James St, 9.3(f) Letters of Support 994 -1000 Rothesay Rd; 13.2 Committee of the Whole: Option to Purchase 107 -109 Union Street; 13.3 Committee of the Whole: Option to Purchase 115 Union Street, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points suivants : 5.12, Projet de reamenagement du parc Rockwood — Phase 2; 9.2c) Lettres d'appui concernant le 72 -74, rue St. James; 9.3f), Lettres d'appui concernant le 994 -1000, chemin Rothesay; 13.2, Comite plenier Option d'achat du 107 -109, rue Union; 13.3, Comite plenier : Que ('option d'achat du 115, rue Union soit approuvee. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 212 McAllister Drive 9.1(b) Planning Advisory Committee Recommending Rezoning Amendment The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Sections 550(1)(a) and 551(1)(a), relating to the "SC" Shopping Centre and "SC -2" Shopping Centre zones, of the Zoning Bylaw, by adding the use of "day care or school" to the sections to permit day care centres and schools in the "SC" and "SC -2" Shopping Centre zone as requested by Mrs. Tara Lund of Played Out Fun Centre Ltd., with no objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 28, 2009 meeting at which the Committee recommended approval as set out in the staff recommendation, to amend Sections 550 and 551 (relating to the "SC" Shopping Centre and "SC -2" Shopping Centre zones) of the Zoning Bylaw by adding the following bullet point after the second Bullet Point of Sub - section (1)(a) of each of the sections: " - a day care or school." The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Sections 550(1)(a) and 551(1)(a), relating to the "SC" Shopping Centre and "SC -2" Shopping Centre zones, of the Zoning Bylaw, by adding the use of "day care or school" to the sections to permit day care centres and schools in the "SC" and "SC -2" Shopping Centre zone, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 94 -607 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Sections 550(1)(a) and 551(1)(a), relating to the "SC" Shopping Centre and "SC -2" Shopping Centre zones, of the Zoning Bylaw, by adding the use of "day care or school" to the sections to permit day care centres and schools in the "SC" and "SC -2" Shopping Centre zone, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1 a) Projet de modification de I'arrete de zonage visant le 212, promenade McAllister 9.1 b) Comite consultatif d'urbanisme recommandant la modification du rezonage Le greffier communal adjoint mentionne que les avis requis ont ete publies relativement a la modification des sections 550(1)a) et 551(1)a) de 1'arrete de zonage visant la zone de centre commercial « SC » et la zone de centre commercial « SC -2 » par l'ajout d'un droit d'utilisation d'une « garderie » ou d'une « ecole » pour permettre I'amenagement de garderies ou d'etablissements scolaires dans Iesdites zones, comme cela a ete demande par M01'Tara Lund de Played Out Fun Centre Ltd., et qu'aucune opposition n'a ete reque. Le conseil a egalement examine un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la reunion du 28 juillet 2009, a laquelle le Comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel du service d'urbanisme, voulant la modification des sections 550 et 551 (visant la zone de centre commercial « SC )) et la zone de centre commercial « SC -2 ») de 1'arrete sur le zonage en permettant l'ajout du point centre suivant, soit a la suite du second point des sous - sections (1)a) pour chacune desdites sections : « une garderie ou une ecole. » Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui au rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant les sections 550(1)a) et 551(1)a) et visant la zone de centre commercial « SC » et la zone de centre commercial SC -2 » par l'ajout d'un droit d'utilisation d'une « garderie ou d'une ecole » pour permettre I'amenagement de garderies ou d'etablissements scolaires dans Iesdites zones fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant les sections 550(1)a) et 551(1)a) et visant la zone de centre commercial « SC » et la zone de centre commercial SC -2 » par l'ajout d'un droit d'utilisation d'une « garderie ou d'une ecole » pour permettre I'amenagement de garderies ou d'etablissements scolaires dans Iesdites zones fasse ('objet d'une seconde lecture. A ('issue du vote, la proposition est adoptee. Is 94 -608 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Municipal Plan and Zoning By -Law Amendments 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street 9.2(b) Planning Advisory Committee Recommending Municipal Plan and Re- zoning By -Law Amendments 9.2(c) Letters of Support The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- zoning amendments for a parcel of land located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, having an area of approximately 1880 square metres, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 by redesignating on Schedule 2 -A and 2 -C of the Municipal Development Plan from Medium Density Residential to Approved Commercial Development and by rezoning the same parcels of land from "RM -1 F" Multiple Residential Infill to "B -2" General Business to permit a parking area as requested by 514574 N.B. Ltd, with no objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 11, 2009 meeting at which the Committee recommended approval as set out in the staff recommendation, to re -zone a parcel of land located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Mr. Rick Turner of Hughes Surveys and Consultants speaking on behalf of the applicant and indicating that he was in agreement with the recommendations in the submitted staff report. Councillor Higgins stated that the area should remain residential. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" redesignating on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, and by adding them to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" redesignating on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, and by adding them to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan, be read a second time. voting nay. Question being taken, the motion was carried with Councillor Higgins M 94 -609 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By Law." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID numbers 00001628, 00001610, 00001594, 00001586 and 00001800, from "RM -IF" Multiple Residential Infill to "B -2" General Business, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID numbers 00001628, 00001610, 00001594, 00001586 and 00001800, from "RM -IF" Multiple Residential Infill to "B -2" General Business, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification du plan municipal et de modification de I'arrete de zonage visant le 47-51 et le 63-69, rue Ross et le 72 -74, rue St. James 9.2b) Comite consultatif d'urbanisme recommandant la modification du plan municipal et de I'arrete de rezonage 9.2c) Lettres d'appui Le greffier communal adjoint indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et du rezonage visant a modifier la classification figurant aux annexes 2 -A et 2 -C du plan d'amenagement municipal, faisant passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, des parcelles de terrain situees au 47 -51 et au 63 -69, rue Ross et au 72 -74, rue St. James, d'une superficie d'environ 1 880 metres carres et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, et a rezoner ces memes parcelles de terrain de zone d'edification de logements multiples sur terrain intercalaire RM -IF » a zone commerciale generale « B -2 » pour permettre I'amenagement d'une aire de stationnement, a la demande de 514574 N.B. Ltd., et qu'aucune opposition n'a ete reque. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 11 aout 2009, pendant laquelle le Comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage des parcelles de terrain situees au 47 -51 et au 63 -69, rue Ross et au 72 -74, rue St. James, telles qu'elles sont decrites ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Rick Turner, de Hughes Surveys and Consultants Inc., au nom du demandeur, indique qu'il 12 94 -610 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 est d'accord avec les recommandations contenues dans le rapport du personnel qui a ete presente. Le conseiller Higgins indique que la zone ne devrait comprendre que des residences. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » afin de faire passer la designation, aux annexes 2 -A et 2 -C du plan d'amenagement municipal, de parcelles de terrain situees au 47 -51 et au 63 -69 rue Ross et au 72 -74, rue St. James, d'une superficie approximative de 1 880 metres carres, inscrites sous Ies NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone residentielle a densite moyenne a zone d'amenagement commercial approuve et qu'elles soient ajoutees a la Iiste des zones d'amenagement commercial approuve prevue au paragraphe 2.4.6.28 du plan d'amenagement municipal, fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal ». Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » afin de faire passer la designation, aux annexes 2 -A et 2 -C du plan d'amenagement municipal, de parcelles de terrain situees au 47 -51 et au 63 -69 rue Ross et au 72 -74, rue St. James, d'une superficie approximative de 1 880 metres carres, inscrites sous Ies NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone residentielle a densite moyenne a zone d'amenagement commercial approuve et qu'elles soient ajoutees a la Iiste des zones d'amenagement commercial approuve prevue au paragraphe 2.4.6.28 du plan d'amenagement municipal, fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal ». Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage de parcelles de terrain situees au 47 -51 et au 63- 69 rue Ross et au 72 -74, rue St. James, d'une superficie d'environ 1 880 metres carres et portant Ies NID 00001628, 00001610, 00001594, 00001586 et 00001800, pour faire passer la classification de zone d'edification de Iogements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale « B -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage de parcelles de terrain situees au 47 -51 et au 63 -69 rue Ross et au 72 -74, rue St. James, d'une superficie d'environ 1 880 metres carres et portant Ies NID 00001628, 00001610, 00001594, 00001586 et 00001800, pour faire passer la classification de zone d'edification de Iogements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale « B -2 », fasse ('objet d'une deuxieme lecture. 13 94 -611 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 A ('issue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.3(a) Proposed Municipal Plan and Zoning By -Law Amendment 994 -1000 Rothesay Road 9.3(b) Planning Advisory Report Recommending Municipal Plan and Rezoning By -Law Amendment 9.3(c,d,e) Letters of Opposition 9.3(f) Letters of Support The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- zoning amendments for a parcel of land located at 994 -1000 Rothesay Road, having an area of approximately 1.2 hectares, also identified as PID Numbers 55007264, 00296756, 00296541, 00297051 and 00297689, from Low Density Residential to Service Corridor classification and by rezoning the same parcel of land from "RS-2" One and Two Family Suburban Residential to `B -2" General Business to permit the development of a recreational vehicle sales establishment as requested by Hughes Surveys & Consultants on behalf of Aberdeen The RV Place Ltd., with letters of objection and letters of support received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 11, 2009 meeting at which the Committee recommended approval as set out in the staff recommendation, to re -zone a parcel of land located at 994 -1000 Rothesay Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with Elizabeth McGahan of 1107 Rothesay Road, Paula Justason of 1020 Rothesay Road, Heather Chiasson of 1083 Rothesay Road, Sonya Hartt of 1115 Rothesay Road, Doug Justason of 1020 Rothesay Road, Brian Chiasson of 1083 Rothesay Road, Debra Lindsay of 111 Fox Point Road and Tareq Syed of the New Brunswick Association of Muslims presenting. The presenters addressed areas of concern such as the impact the proposed rezoning would have on the quality of life in the neighborhood, increased traffic, safety issues, flooding issues, devaluation of their property, visual appeal, impact on the historical heritage of the area and the overall opinion that the rezoning did not add value to the neighborhood. The Mayor called for members of the public to speak in favor of the re- zoning with Mr. Rick Turner of Hughes Surveys and Consultants speaking on behalf of the applicant, indicating that he was in agreement with the recommendation in the submitted staff report. On motion of Councillor Court Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051 and 00297689, from Low Density Residential to Service Corridor classification. be denied. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as PID numbers 55007264, 00296756, 00296541, 00297051 and 00297689, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, be denied. Question being taken, the motion was carried. 14 94 -612 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 9.3a) Projet de modification du plan municipal et de I'arrete de zonage visant le 994 -1000, chemin Rothesay 9.3b) Rapport du Comite consultatif d'urbanisme recommandant les modifications relatives au plan municipal et a I'arrete de zonage 9.3c), d), e) Lettres d'opposition 9.3f) Lettres d'appui Le greffier communal adjoint indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et du zonage d'une parcelle de terrain situee au 994 -1000, chemin Rothesay d'une superficie d'environ 1,2 hectare et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, afin de faire passer la designation s'y rapportant de zone residentielle de faible densite a zone de corridor de service, en modifiant le zonage de la meme parcelle de terrain pour la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 » pour permettre I'amenagement d'un commerce de vente de vehicules de plaisance, a la demande de Hughes Surveys & Consultants, au nom d'Aberdeen The RV Place Ltd., et que des Iettres d'opposition et d'appui ont ete reques. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 11 aout 2009, pendant Iaquelle le Comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 994 -1000, chemin Rothesay, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage. Elizabeth McGahan domiciliee au 1107, chemin Rothesay, Paula Justason domiciliee au 1020, chemin Rothesay, Heather Chiasson domiciliee au 1083, chemin Rothesay, Sonya Hartt domiciliee au 1115, chemin Rothesay, Doug Justason domicilie au 1020, chemin Rothesay, Brian Chiasson domicilie au 1083, chemin Rothesay, Debra Lindsay domiciliee au 111, promenade Fox Point et Tareq Syed membre de la New Brunswick Association of Muslims (« Association musulmane du Nouveau - Brunswick ))) font une presentation. Au cours de Ieur presentation, ces personnes ont aborde des sujets de preoccupation tels que les consequences du projet de rezonage sur la qualite de vie dans le quartier, I'augmentation de la circulation, les questions liees a la securite, les problemes d'inondation, la perte de valeur de Ieur propriete, I'attrait visuel, ('incidence sur le patrimoine historique de la region et I'avis Iargement partage que le rezonage n'a pas apporte de valeur ajoutee a Ieur quartier. Le maire invite les membres du public a exprimer Ieur appui quant au rezonage. Rick Turner, de Hughes Surveys and Consultants Inc., au nom du demandeur, indique qu'il est d'accord avec les recommandations contenues dans le rapport du personnel qui a ete presente. Proposition du conseiller Court Appuyee par le conseiller Higgins RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal », visant a modifier, a I'annexe 2 -A du plan d'amenagement futur des terres, la classification d'une parcelle de terrain situee au 994 -1000, chemin Rothesay, d'une superficie d'environ 1,2 hectare et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, pour la faire passer de zone residentielle de faible densite a zone de corridor de service, soit rejete. A I'issue du vote, la proposition est adoptee Proposition du conseiller Court Appuyee par le conseiller Higgins RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 994 -1000, chemin Rothesay, d'une superficie approximative de 1,2 hectare, inscrite sous les NID 55007264, 00296756, 00296541, 00297051 et 00297689, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », soit rejete. A I'issue du vote, la proposition est adoptee 15 94 -613 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 5. Consent Agenda 5.1 That the request from Rick Davis for a grant in the amount of $380.00 to be used towards the new Early Learning Centre at the St. John the Baptist -King Edward School be approved. 5.2 That the letter from Mayor Palmer inviting Council and Staff to visit the City of Bangor regarding the advancement of the Energy Corridor concept be received for information. 5.3 That the Seniors' Advisory Board request for a donation in the amount of $50.00 for International Day of Older Persons be approved. 5.4 That the E. Teed letter regarding Senior Citizen of the Year recognitions be received for information. 5.5 Refer to item 14.1 5.6 That Common Council approve the Printing Service Agreement with Saint John Energy; and that the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint John Water billings and employee T4's, as well as the printing of weekly employee pay advices. 5.7 Refer to item 14.2 5.8 That the tender for the supply and delivery of abrasive sand for the 2009/2010 winter season be awarded to Lafarge Canada Inc. in the amount of $8.85 per tonne, plus applicable taxes. 5.9 That Council endorse the approach outlined in the submitted report for asphalt paving work related to the West Salt Storage Facility. 5.10 That the tender from Cargill Deicing Technologies, for the establishment of a two year supply agreement for highway salt as per the pricing detailed above be accepted. 5.11 That the quote from Aqua Data Atlantic be accepted for the unidirectional flushing of the water distribution system in the aforementioned areas of the submitted report. 5.12 Refer to item 14.3 5.13 That the proposal of Glenn Group Ltd. for construction management services for the Flemming Court: Project #2009- 081801 T be accepted and that Materials and Fleet Management issue a purchase order in the amount of $33,645.50 HST included. 5.14 That as recommended by the Acting City Manager, the submitted report regarding Flemming Court be received for information. 5.15 That: 1) Provided the request from 626922 N.B. Ltd. to extend the Closing Date to 30 November, 2009 is accepted by Canada Mortgage and Housing Corporation, the City accept such extension request. 2) The Mayor and Common Clerk be authorized to sign all necessary documentation. 5.16 That the proposal for design and inspection services to for BMX / Mountain Bike Trails in the Shamrock Park area be awarded to the Glenn Group in the amount of $50,700.00 plus HST. 5.17 That, pursuant to the Mobile Home Parks By -law, Common Council permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. 5.18 That Common Council schedule the public hearing for the rezoning application of Hamilton Homestyle Daycare (70 Gault Road) for Monday, September 14, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 16 94 -614 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 5.19 That Common Council issue a warrant for the following new member: Brian Cornish. 5.20 That Common Council authorize the Mayor and Common Clerk to sign the submitted agreement respecting the installation of water service lines to the 12 garden homes being constructed by 639752 N.B. Inc. at 1219 Manawagonish Road. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.5 Purchase Approval for Parks and City Landscape; 5.7 City of Saint John Website; and 5.12 Design & Construction Management— Rockwood Park Redevelopment Phase 2, which have been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la demande de Rick Davis pour I'octroi d'une subvention a hauteur de 380 $ destinee au nouveau Early Learning Centre (centre d'apprentissage pour les jeunes enfants) a I'ecole St. John the Baptist -King Edward soit approuvee. 5.2 Que la Iettre du maire Palmer invitant le conseil et le personnel a visiter la ville de Bangor dans le cadre de la promotion du concept de couloir de transport de 1'energie soit acceptee a titre informatif. 5.3 Que la demande de don de 50 $ du Conseil consultatif des aines pour la Journee internationale des personnes agees soit approuvee. 5.4 Que la Iettre reque de M. E. Teed concernant la reconnaissance du citoyen aine de I'annee soit acceptee a titre informatif. 5.5 Voir le point 14.1 5.6 Que le conseil communal approuve 1'entente relative au service d'impression avec Saint John Energy, et que le maire et la greffiere communale soient autorises a signer Iadite entente en vue de permettre la prolongation des services d'impression et d'expedition des factures de Saint John Water, des feuillets T4 des employes, ainsi que l'impression des fiches de paie hebdomadaires des employes. 5.7 Voir le point 14.2. 5.8 Que le contrat relatif a la Iivraison de sable abrasif pour la saison hivernale 2009 -2010, soit accorde a Lafarge Canada Inc., pour un montant de 8,85 $ la tonne, taxes en sus. 5.9 Que le conseil approuve la methode decrite dans le rapport presente relativement aux travaux d'asphaltage de l'installation de stockage de set du quartier ouest. 5.10 Que la soumission presentee par 1'entreprise Cargill Deicing Technologies, en vue de conclure une convention d'approvisionnement pour une duree de deux ans relative a la fourniture de set de voirie, conformement au tarif susmentionne, soit acceptee. 5.11 Que la soumission presentee par 1'entreprise Aqua Data Atlantic, relativement au projet de ringage unidirectionnel du reseau d'aqueduc dans Ies secteurs susmentionnes du rapport presente, soit acceptee. 5.12 Voir le point 14.3 5.13 Que la proposition presentee par Glenn Group Ltd. relativement aux services de gestion de la construction concernant le projet no 2009- 081801T de la cour Flemming soit acceptee et que la Division de la gestion du materiel et du parc de vehicules emette un bon de commande d'une somme de 33 645,50 dollars, TVH incluse. 17 94 -615 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 5.14 Que, comme le recommande le directeur general par interim, le rapport presente concernant la cour Fleming soit accepte a titre informatif. 5.15 Que : 1) Du fait que la demande de 626922 N.B. Ltd. visant a reporter la date de cloture jusqu'au 30 novembre 2009 est acceptee par la Societe canadienne d'hypotheques et de logement, la Ville valide ladite prolongation. 2) Le maire et le greffier communal soient autorises a signer la documentation requise. 5.16 Que la proposition relative a la conception et aux services d'inspection des pistes de velos tout - terrain « BMX » au parc Shamrock soit attribuee a 1'entreprise Glenn Group pour la somme de 50 700 $, TVH en sus. 5.17 Qu'en vertu de I'Arrete surles pares pourmaisons mobiles, le conseil communal autorise le proprietaire d'une maison mobile, installee sur le vaste terrain situe au 3396, chemin Loch Lomond, a Iaisser Iadite maison mobile sur place pour une periode temporaire de un (1) an. 5.18 Que le conseil communal fixe la date de I'audience publique relative a la demande de rezonage de la garderie Hamilton Homestyle (70, chemin Gault) au Iundi 14 septembre 2009, a 19 h, dans la salle du conseil et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.19 Que le conseil communal accorde la procuration necessaire au nouveau membre suivant : Brian Cornish. 5.20 Que le conseil communal autorise le maire et la greffiere communale a signer 1'entente soumise relativement a l'installation par la societe 639752 N.B. Inc. de conduites d'eau au 1219, chemin Manawagonish pour approvisionner Ies 12 maisons a patio en cours de construction. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.5, Approbation des achats pour I'amenagement paysager des pares et de la ville; 5.7, Site Web de The City of Saint John et 5.12, Gestion de la conception et de la construction visant la phase 2 du reamenagement du parc Rockwood, qui ont ete selectionnes aux fins de discussion, soit adoptee. A I'issue du vote, la proposition est adoptee 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8.1 Saint John Parking Commission: Residential Parking Study Referring to a submitted report, Dave Hardy, President of Hardy Stevenson, outlined the findings of a study conducted on residential parking in the Central Peninsula area of Saint John and he responded to questions from members of Council. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Item 8.1 Saint John Parking Commission — Residential Parking Study Update of the Saint John Central Peninsula, be received for information. Question being taken, the motion was carried 11111 94 -616 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 8. Delegations et presentations 8.1 Commission sur le stationnement de Saint John : Etude portant sur le stationnement residentiel Faisant reference a un rapport depose anterieurement, Dave Hardy, president de la societe Hardy Stevenson, donne un aperqu des conclusions d'une etude menee sur le stationnement dans la peninsule centrale de Saint John et it repond aux questions posees par les membres du conseil. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le point 8.1, Commission sur le stationnement de Saint John — Mise a jour de 1'etude portant sur le stationnement residentiel dans la peninsule centrale de Saint John, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. Councillors Killen and Snook withdrew from the meeting as they were absent for the public hearing on August 4, 2009. 10. Consideration of By -laws 10.1(a) Proposed Zoning By -Law Amendment 693 -697 Manawagonish Road 10.1(b) Section 39 Conditions On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -115, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 1000 square metres, located at 693 -697 Manawagonish Road, also identified as PID numbers 55037683 and 00036053, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -115, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Councillor Farren withdrew from the meeting. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1,000 square metres located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, be subject to the following conditions: a. The use of the property is limited to either two three -unit dwellings as generally illustrated on the submitted site plan or one four -unit dwelling located in the centre of both lots. b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, drawn on a survey- accurate site plan, and illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features; c. All parking areas and driveways be paved with asphalt; d. Any main buildings be constructed in accordance with detailed architectural plans prepared by the developer in accordance with the `Infill Housing and Rehabilitation Design Guidelines and Zone Standards' document and subject to the approval of the Development Officer; e. All main buildings be serviced by municipal water and sewer and underground public utilities; 19 94 -617 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 f. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number C.P. 110- 115, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 1000 square metres, located at 693 -697 Manawagonish Road, also identified as PID numbers 55037683 and 00036053, from "R- 2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -115, A Law to Amend the Zoning By -Law of The City of Saint John." N'ayant pas assiste a I'audience publique du 4 aout 2009, Ies conseillers Killen et Snook quittent la reunion. 10. Etude des arretes municipaux 10.1 a) Projet de modification de I'arrete de zonage visant le 693 -697, chemin Manawagonish 10.1 b) Conditions imposees par I'article 39 Proposition du maire suppleant Chase Appuyee par le conseiller Court RESOLU que 1'arrete intitule «Arrete no C.P. 110 -115 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1 000 metres carres, situee au 693 -697, chemin Manawagonish et portant Ies NID 55037683 et 00036053 afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -115 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Le conseiller Farren quitte la reunion. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU qu'en vertu de I'article 39 de la Loi sur l'urbanisme, I'amenagement et ('utilisation d'une parcelle de terrain d'une superficie d'environ 1 000 metres carres, situee au 693, chemin Manawagonish et portant Ies NID 55037683 et 00036053, soient assujettis aux conditions suivantes : g. L'usage de la propriete doit se limiter a un nombre maximal de deux habitations a trois Iogements, comme cela est indique sur le plan de situation soumis, ou a une habitation a quatre Iogements au milieu de chacun des terrains; h. I'amenagement de 1'emplacement doit titre conforme au plan de situation detaille, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement, conformement a un plan de situation respectant I'arpentage et indiquant 1'emplacement de tous Ies batiments et de toutes Ies constructions, Ies aires de stationnement, Ies voies d'acces, Ies affiches, Ies espaces paysagers et Ies autres caracteristiques de 1'emplacement; i. toutes Ies aires de stationnement et voies d'acces doivent titre asphaltees; j. tous Ies batiments principaux doivent titre construits conformement aux dessins 20 94 -618 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 architecturaux detailles prepares par le promoteur, lesquels doivent respecter le rapport intitule v Infill Housing and Rehabilitation Design Guidelines and Zone Standards >> (Directives de conception pour la construction intercalaire et la remise a neuf et normes de zonage), et assujettis a I'approbation de I'agent d'amenagement; k. tous Ies batiments principaux doivent titre desservis par le reseau municipal d'aqueduc et d'egouts et par ('installation d'utilites publiques souterraines; 1. toutes Ies zones non occupees par Ies batiments, Ies aires de stationnement et Ies voies d'acces doivent titre des espaces paysagers, et tous Ies travaux d'amelioration indiques sur Ies plans de situation, d'elevation et d'amenagement paysager approuves doivent titre termines dans un delai d'un (1) an a compter de la date de delivrance du permis de construction pour I'amenagement. A Tissue du vote, la proposition est adoptee. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule «Arrete n° C.P. 110 -115 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1 000 metres carres, situee au 693- 697, chemin Manawagonish et portant Ies NID 55037683 et 00036053 afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee Troisieme lecture par titre de 1'arrete intitule «Arrete n° C.P. 110 -115 modifiant I'Arrete de zonage de The City of Saint John ». Councillors Farren, Killen and Snook re- entered the meeting. 12. Business Matters - Municipal Officers 12.1 Acting City Manager: Sandy Point Road Planning Study On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Common Council direct the Planning and Development department to initiate the Sandy Point Road Planning Study in general accordance with the Project Statement submitted with M & C — 2009 — 238 and dated August 10, 2009. Question being taken, the motion was carried with Councillors Court, Farren, Higgins, Killen and Titus voting nay. On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with Councillors, Snook, Sullivan and Titus voting nay. Les conseillers Farren, Killen et Snook sont de nouveau presents a la reunion. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general par interim : Etude de planification portant sur le chemin Sandy Point Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le conseil communal confie au Service d'urbanisme et de developpement la tache de lancer 1'etude de planification portant sur le chemin Sandy Point conformement, de maniere generale, a 1'enonce de 21 94 -619 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 projet soumis avec le rapport n° M/C 2009 — 238 et date du 10 aoot 2009. A ('issue du vote, la proposition est acceptee. Les conseillers Court, Farren, Higgins, Killen et Titus votent contre la proposition. Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de 1'arrete procedural. A Tissue du vote, la proposition est adoptee. Les conseillers Snook, Sullivan et Titus votent contre la proposition. 12.2 Acting City Manager: Award of Proposal for Planning Consulting Services — Leisure Services Infrastructure, Facilities and Programming Inventory Study On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the proposal submitted by ADI Limited for the services of a qualified urban planning consultant to undertake an inventory study of Leisure Services infrastructure, facilities and programming in the amount of $44,320.00 plus tax, be accepted. Councillors Higgins and Titus stated that they do not support the motion as the City is presently involved in a large number of studies. Councillor Court stated that he does not support the motion due to the high cost. Question being taken, the motion was carried with Councillors Court, Higgins, Killen, and Titus voting nay. 12.2 Directeur general par interim : Offre d'appel relative a des services de conseils en planification — Etude d'inventaire de ('infrastructure, des installations et des programmes des Services des loisirs Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que la proposition presentee par ADI Limited visant a faire appel aux services d'un consultant qualifie en urbanisme pour mener une etude d'inventaire de ('infrastructure, des installations et des programmes des Services des Ioisirs pour un montant de 44 320 $, taxes en sus, soit acceptee. Les conseillers Higgins et Titus n'appuient pas la proposition, car, selon eux, la Ville mene deja un nombre important d'etudes. Le conseiller Court indique qu'il n'appuie pas cette proposition en raison du coot eleve. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Higgins, Killen et Titus votent contre la proposition. 12.3 Acting City Manager: Value for Money Review— Fire Services On motion of Councillor Farren Seconded by Deputy Mayor Chase RESOLVED that Common Council authorize staff to proceed with a Request for Proposals to engage a third party consultant to carry out a value for money review on the City's Fire Service as described in the submitted report, and That the composition of the Steering Committee for the Fire Service Review approved on June 18, 2009 be amended to provide for two members of Common Council, four citizen representatives, the Manager of Corporate Planning and the Fire Chief provided the target date for completion of the Value for Money Review be no later than November 2009. 22 94 -620 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 The Acting City Manager indicated that he would verify the feasibility of completing the Value for Money audit by November 2009 and report back to Council. Question being taken, the motion was carried with Councillors Higgins, Killen, Snook, Sullivan, and Titus voting nay. The Mayor stated that the Acting City Manager will advise Council of the feasibility of the November 2009 deadline at the next meeting of Council. Council members expressed concern with respect to a previous resolution from May 11, 2009, which directed the Fire Chief to conduct a review of the fire service and report back to council in September 2009. Responding to a question from Council regarding the status of the May 11, 2009 resolution which directed the Fire Chief to conduct a review of the fire Service, the Assistant Common Clerk explained that the resolution would still be valid. On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the City Manager report back to Council at the meeting of August 31, 2009 regarding the status of the resolution of May 11, 2009 respecting a comprehensive review of the Fire Protective Services by the Fire Chief. Question being taken, the motion was carried with the Mayor and Councillor Higgins voting nay. 12.3 Directeur general par interim : Examen de ('optimisation des ressources — Services d'incendie Proposition du conseiller Farren Appuyee par le maire suppleant Chase RESOLU que le conseil communal autorise le personnel a faire une demande de proposition relativement a 1'embauche d'un consultant independant, et ce, en vue de mener un examen de l'optimisation des ressources sur le service d'incendie de la ville, comme le decrit le rapport presente; Que la composition du comite directeur pour 1'examen du service d'incendie approuve en date du 18 juin 2009 soit modifiee afin d'integrer deux membres du conseil communal, quatre representants des citoyens, la directrice de la planification strategique, et le chef du service d'incendie, etant donne que 1'examen de l'optimisation des ressources doit titre acheve au plus tard en novembre 2009. Le directeur general par interim indique son intention de realiser une etude de faisabilite relativement a la date de cloture fixee en novembre 2009 pour 1'evaluation de l'optimisation des ressources et qu'il presentera ses conclusions au conseil. A Tissue du vote, la proposition est adoptee. Les conseillers Higgins, Killen, Snook, Sullivan et Titus votent contre la proposition. Le maire declare que le directeur general par interim informera le conseil a la prochaine reunion relativement a la date de cloture fixee au mois de novembre 2009 pour le projet, a savoir si celui -ci peut titre acheve ou non a Iadite date. Les membres du conseil font par de Ieur inquietude quant a la precedente resolution du 11 mai 2009, Iaquelle prevoyait que le chef du service d'incendie soit mandate pour conduire un examen portant sur son service et pour presenter au conseil, en septembre 2009, Ies resultats de cet examen. En reponse a une question posee par le conseil au sujet de 1'etat actuel de la resolution du 11 mai 2009 visant a mandater le chef du service d'incendie pour mener une etude sur son service, le greffier communal adjoint explique que Iadite resolution resterait en vigueur. Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le directeur general fasse une presentation devant le conseil a la reunion du 31 aout 2009 relativement a 1'etat actuel 23 94 -621 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 de la resolution du 11 mai 2009, a savoir 1'examen complet des services de protection par le chef du service d'incendie. A ('issue du vote, la proposition est acceptee. Le maire et le conseiller Higgins votent contre la proposition. 12.4 Acting City Manager: Contract 2009 -12 Spar Cove Road — Wastewater Pumping Station On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Contract 2009 -12: Spar Cove Road - Wastewater Pumping Station not be awarded and that the work in question be deferred until 2011 or 2012. Question being taken, the motion was carried. 12.4 Directeur general par interim : Contrat no 2009 -12 concernant le poste de pompage des eaux usees situe sur le chemin Spar Cove Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le contrat no 2009 -12 concernant le poste de pompage des eaux usees situe sur le chemin Spar Cove ne soit pas attribue et que les travaux en question soient reportes jusqu'en 2011 ou 2012. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole Report: Recommended Appointment of Facilitator for Pension Plan Discussions On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that Sally Wells Dicarlo be engaged to facilitate discussions between Common Council and the groups representing the members of the City of Saint John Pension Plan. Councillor Titus stated that he does not support this motion as each individual employee is entitled to be part of the discussion. Question being taken, the motion was carried with Councillor Titus voting nay 13. Rapports deposes par les comites 13.1 Rapport du Comite plenier : Recommandations de nominations d'un animateur des discussions portant sur le regime de retraite Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que Sally Wells Dicarlo soit engagee pour favoriser le dialogue entre le conseil communal et les groupes representant les membres du regime de retraite de The City of Saint John. Le conseiller Titus indique qu'il ne soutient pas cette motion, car, selon lui, chaque employe a le droit de prendre part a la discussion. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 13.2 Committee of the Whole: Option and Purchase and Sale Agreement 107 -109 Union St (PID #37366) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 24 94 -622 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 1. The City of Saint John enter into an option agreement with Rodney Neil McNutt to purchase 107 -109 Union Street (PID Number 37366) in accordance with the terms and conditions contained in the "Option" attached to the submitted report (M &C #2009 -246); and further 2. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 13.2 Comite plenier : Option et convention d'achat -vente visant la propriete situee au 107 -109, rue Union (NID no 37366) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que : 1. The City of Saint John signe une entente avec Rodney Neil McNutt pour I'achat de la propriete situee au 107 -109, rue Union (NID no 37366) conformement aux modalites et aux conditions stipulees dans N< option » jointe au rapport (contrat no M/C 2009 -246); 2. le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A ('issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Option and Purchase and Sale Agreement 115 Union St (PID #37358) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 1. The City of Saint John enter into an option agreement with Reed Clarence McNutt and Marie Loella McNutt to purchase 115 Union Street, (PID Number 37358) in accordance with the terms and conditions contained in the "Option" attached to the submitted report (M & C # 2009 -247); and further, 2. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 13.3 Comite plenier : Option et convention d'achat -vente visant la propriete situee au 115, rue Union (NID no 37358) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que : 1. The City of Saint John signe une entente avec Reed Clarence McNutt et Marie Loella McNutt pour I'achat de la propriete situee au 115, rue Union (NID no 37358) conformement aux modalites et aux conditions stipulees dans 1'« option » jointe au rapport (contrat no M/C 2009 -247); 2. le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Purchase Approval for Parks and City Landscape On motion of Councillor Sullivan Seconded by Councillor Mott 25 94 -623 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 RESOLVED that council approve the purchase of planting materials from Country Harvest for $28,438.91, authorize Materials and Fleet Management to increase purchase order number 35376. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Approbation des achats pour I'amenagement paysager des pares et de la ville Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le conseil approuve I'achat de plantations aupres de la societe Country Harvest pour la somme de 28 438,91 $, et qu'il autorise la Division de la gestion du materiel et du parc de vehicules a revoir a la hausse le montant du bon de commande n° 35376. A ('issue du vote, la proposition est adoptee. 14.2 City of Saint John Website On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the update regarding the City of Saint John website be received for information. Question being taken, the motion was carried. 14.2 Site Web de The City of Saint John Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que la mise a jour relative au site Web de The City of Saint John soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 14.3 Design & Construction Management— Rockwood Park Redevelopment Phase 2 On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the proposal of BDA Landscape Architects for consulting services (design and construction management) for the Rockwood Park Redevelopment Project Phase 2 be accepted and that Materials and Fleet Management issue a purchase order in the amount of $308,603.00 HST included. Question being taken, the motion was carried with Councillor Higgins voting nay. 14.3 Gestion de la conception et de la construction visant la phase 2 du reamenagement du parc Rockwood Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que la proposition presentee par BDA Landscape Architects visant les services d'experts - conseils (conception et construction) relativement a la phase 2 du projet de reamenagement du parc Rockwood soit acceptee et que la Division de la gestion du materiel et du parc de vehicules emette un bon de commande d'une somme de 308 603 dollars, TVH incluse. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 15. General Correspondence 26 94 -624 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 17, 2009 /LE 17 AOUT 2009 15. Correspondance generale 11. Submissions by Council Members 11.1 FixMyStreet.com (Councillor Snook) Forwarded to meeting of August 31, 2009. 11. Interventions des membres du conseil 11.1 FixMyStreet.com (conseiller Snook) Reporte a la seance du 31 aout 2009. 11.2 Graffiti Management Plan (Councillor Snook) Forwarded to meeting of August 31, 2009. 11.2 Plan de gestion des graffitis (conseiller Snook) Reporte a la seance du 31 aout 2009. 16. Adjournment The Mayor declared the meeting adjourned at 11:00 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 23 h. Mayor /maire Common Clerk/greffiere communale 27 Mailing Address: 130 Broadview Avenue Saint John, NB F21., 5C5 P: (506) 6344937 F: (506) 634-0783 ad m i n @,saintjqIjnXq9jR Y-. q-QRI Prince Edward Square 100 Prince Edward Street Membership Services: P: (506) 634-7720 Children's Services: P: (506) 646-2106 F. (506) 634-4180 West Side Childcare Centre P: (506) 646-2111 Quisparnsis Rec. Centre P:(506)849 -5784 Millidgeville Comm. Centre P: (506) 632-6157 F: (506) 634-4185 Forest Glen Comm. Centre P: (506) 658-2816 F: (506) 634-4183 Camp Glenburn 311 Route 850 Kingston, NB E2N IW6 P: (506) 832-5632 F: (506) 832-0907 glenburn 0a saint iohnv.com Glenn Carpenter Centre 730-740 Foster Thurston Drive Saint John, NB E21C 5J2 P: (506) 634-4937 F: (506) 634-0783 IAWW. glen ncarpentercentre.com Charitable Business Number: 119253086RR000I Q A United Way Agency August 31, 2009 Mayor and Common Council City of Saint John Dear Mayor Court and Members of Common Council: The Saint John YMCA-YWCA would appreciate the opportunity to make a presentation to you in open session on Tuesday, October 26"' With regards to the lease of City owned land. Thank you for your consideration. Sincerely, Pat Davis President and CEO We build strong kids, strong, amilies, strong communities. 28 September 8, 2009 Mayor Ivan Court and Members of Council City Hall Saint John, NB Your Worship and Members of Common Council, 4 *--I We are writing in reference to comments made by Mayor Ivan Court in an article <C entitled 'More Peel Plaza Flak', in the September 3, 2009 edition of the Telegraph Journal. In this article Uptown Saint John Inc. is accused by Mayor Court of not supporting development. The fact is, Uptown Saint John Inc. supports development including keeping a new Courthouse and Police Station uptown — we have stated that publicly more than once. W W Uptown Saint John Inc. represents over seven hundred property owners and businesses in the city centre, with a tax base of over $160,000,000.00, an area that stretches from Harbour Station to Duke Street and from Sydney Street to the waterfront. This area is essentially the commercial center for Southeastern New Brunswick and it along with the surrounding neighbourhoods is the most densely developed area of New Brunswick. While we represent the business community, we also understand the value in having healthy residential neighbourhoods z adjacent to the uptown. �4 Uptown Saint John Inc. is all for development but not at any cost. We want residential, commercial and mixed use developments that recognize the context in 0 which they are placed and work toward enhancing and leveraging that context. It is �1- clearly evident that a couple of Saint John's unique strengths are the numerous heritage properties in our uptown neighbourhoods and our waterfront. These strengths have become a big part of what attracts people and investment to the city. There are many developments that we have supported just in the past few years 0 including; Centerbeam Place, Leinster Court, Ellerdale Investments Condo Project, the new Condos on the Waterfront (a project we helped initiate), Irving Oil's headquarters and others. A big part of the issue here is the process under which developments or changes in public infrastructure happen. The proposed Irving Oil headquarters is a prime example of a quality project that we have supported from the start. The proponents of this project have undertaken Ell T. 506.633.9797 F. 506.652'.3525 www.uptownsi.com 29 OA Z a carefully executed public engagement strategy that is exemplary. They have Z sought public input through a consultation process that continues to this day. It becomes very frustrating when a meaningful consultation process is not followed 0 for projects and issues which have significant impacts to the uptown. What is built 0-- now is not just for tomorrow, or three years from now, it is for a generation or more. Stakeholders need to be engaged early in the process before City officials have become entrenched in their positions. Input needs to be used in the final product or *-4 important stakeholders and community institutions that provide valuable input from � their areas of expertise and interest end up disengaged. Open collaboration and information sharing is the only way we will end up with the community we want. Unfortunately, stakeholders are often not aware of developments or proposed infrastructure projects until it is too late. W Not everything is worthy of an extensive public consultation process. There are different levels of consultation appropriate for projects or issues. In the case of Wellington Row a simple letter to adjacent property owners inviting input would have engaged them, but do it before the plans are complete. In this case Uptown Saint John Inc. should be consulted as well given the street is an important entry point to the uptown. 0 It is discouraging to hear that there is a very real potential that more heritage z properties are in jeopardy of being demolished to make way for this development, especially turning lanes when necessity may not require such drastic measures. We don't have to look very far for examples of over engineered traffic solutions. It wasn't that long ago that Prince William Street at the foot of King Street was to have a new signalized intersection at significant cost. After public outcry a trial solution was found that is working fine today — a stop sign. Recently the volunteer group tasked with reviewing the proposal to adopt urban design standards for the city made a presentation to Council after much consideration of the subject. This effort is supported by many groups and individuals of the City including Uptown Saint John Inc. We would like to know 0 what the status of this proposal is. Will the City be implementing new urban design .." standards and a review process — if so when? Attached is a copy of the report from the Dalhousie Cities and Environment Unit, the group hired by the City to assist with the North of Union project. The report is currently on the City website in the Peel Plaza tab under archives. It clearly identifies guidelines for urban form in the area and street widening is not one of them. K, U) T 5 06A 3 3 .9 79 7 F. 506.652,3525 www.uptownsj,com :92 3 C7 W z A quick perusal of this report would show that there are many other guidelines Z which appear to have been overlooked as well. Also attached is a copy of our submission dated February of 2008. Much of the anxiety related to developments in the uptown and peninsula area stem from the lack of current land use and strategic planning documents for the area. The process to develop such a plan is consultative and would engage those H who are concerned about their neighbourhoods. We have been asking for a current land use planning process to start for a few years now. When will this process start so we can move towards a vision for the area that we all want to see implemented? The current method of evaluating development as it comes is very combative and negative. This area of high development interest and potential needs to have a vision that has been prepared in a collaborative and inclusive manner. F w Creating and managing a public engagement process is an art in itself and some City departments are better at it than others. It would be a significant and positive move if a universal policy was established for all City departments to use. If there is anything we can do to assist in creating better ongoing communications at least between Uptown Saint John Inc. and the City we are eager to help. Sincerely, C7 z &/X dil- Sean O'Neill President Attachments: 1) Cities and Environment Unit Report 2) Uptown Saint John Inc. Suggestions 0 ! T. 506 633.9797 F. 506.652.3525 www.uptownsj.corr KE North of Union Project Public Consultation Process & Outcomes Report to City • Saint John Common Council 32 11 Introduction 1 Summary of Community Meetings 2 Big Ideas 4 Concept Plan: Illustration of the Big Ideas 6 Guide to Public Improvements & Design Guidelines 18 Recommendations to Common Council 21 33 Saint John has a tremendous opportunity to take advantage of the development potential in the Uptown and to build on the momentum of the discussions surrounding the North of Union site. The development of the Police Headquarters and Provincial Justice facility (and the associated parking needs) has brought people together to establish a shared vision and set the tone for future development projects in the city that will meet the needs of current and future residents and visitors. A great city is shaped by its citizens. The citizens of Saint John have real passion about the quality of their city, a place where they want to live, work and play. They also have pride in their community's heritage and a fear of losing what defines their community. Over the last two months, the Cities & Environment Unit has designed and led a community consultation process to explore with Saint John citizens the development possibilities North of Union. In order to be able to discuss specific aspects of the site, it was essential for community members to first find common ground regarding how new development can contribute to a larger vision for the Uptown. This project has created an exciting opportunity to define this vision and make it a reality. It is rare that places have the opportunity to both establish a vision and take immediate action toward achieving that vision. The potential for Saint John is tremendous. The Cities & Environment Unit's role was to not only design and lead a community consultation process, but also to consolidate and contribute to the ideas that came out of the community sessions. The following report summarizes this consultation process and presents the major products that resulted from this work. Prepared by. Cities & Environment Unit, March 17, 2008 34 Summary of Community Meetings Community Meeting Date: Tuesday, February 2 6, 2008 Time- 7pm — 9pm Goal • To hear concerns and ideas from community members specifically about existing heritage buildings on the North of Union site. Meeting Summary City staff hosted an evening meeting to give citizens an opportunity to discuss concerns regarding existing heritage buildings on the North of Union site. Panels illustrating important heritage buildings in the area as well as North of Union project panels were available for people to review. Jim Bezanson presented on the architectural and historical significance of some key buildings in and around the North of Union site. Elizabeth DeLuisa, from Active Transportation Saint John (ATSJ), presented concerns and recommendations from ATSJ regarding the North of Union project, Microphones were available for individuals to ask questions or make specific comments regarding the North of Union project, The Cities & Environment Unit took notes summarizing participants' ideas at the session. Community Workshop Date: Saturday March 1, 2008 Time: I Oam — 3pm Goals • To develop a vision for the broader area (the Uptown) to set the tone for all new development within the Uptown, including the North of Union Site. • To discuss desired urban design guidelines for the Uptown area. Workshop Summary Approximately eighty citizens from Saint John attended this full day community workshop. The day was divided into two distinct sessions — morning and afternoon. Each session consisted of small group round table discussions with one CEU planner or City planner at each table to lead the discussion. Base maps of the area, a chart of the fixed/flexible/wide open elements relating to the North of Union development, markers, trace paper and flip charts were available at each table. During the morning session, groups worked to develop Big Ideas and principles regarding future development in the Uptown. Each group was charged with thinking beyond the physical design of specific buildings or streets in order to consider different ideas and visions for the larger area. The discussion established a shared sense of what this area could become. Notes from each group discussion were pinned up for participants to review during lunch. CEU and City staff worked during the lunch hour to pull out the major themes from each group discussion. The themes were used to create Big Ideas and principles for development. Before groups began work during the afternoon, the Big Ideas and principles were projected and presented. During the afternoon, the Big Ideas and principles were applied to the North of Union site in order to determine what type of development is desired for the area. Groups used the available base maps, trace paper, markers and fixed/flexible/wide open chart to sketch out how the Big Ideas and principles would inform elements of the North of Union development. Through this exercise, groups developed specific design guidelines intended to inform future development on the North of Union site and within the larger Uptown area. Prepared by., Cities & Environment Unit, March 17, 2008 35 K Outcomes The citizens of Saint John are passionate about their community and contributed many thoughtful ideas and perspectives during this full day workshop. The Big Ideas were a direct outcome of this session. In addition, Cities & Environment Unit staff used the ideas and concerns from the session as the basis to produce proposed Design Guidelines and a Concept Plan that are intended to direct development in the Uptown, including the North of Union Site. Open House Wednesday, March 12, 2005 Time: Spm — 9pm Goal • To report back to interested and committed community members before taking ideas and recommendations to Common Council. Meeting Summary The meeting consisted of a presentation, time to review the display panels and proposed Design Guidelines and a question and answer period. CEU staff presented an overview of public consultation sessions to date and explained the Brig Ideas, proposed Design Guidelines and the next steps in this process. The .Big Ideas and Concept Plan were described on the display panel and participants also received a proposed Design Guideline handout. During the question and answer period, community members raised concerns about the process and content presented. These concerns were recorded and responded to by CEU and City staff. Outstanding Concerns Many of the concerns and ideas raised in the aforementioned meetings were incorporated into the Big Ideas, Concept Plan, Guide to Public Improvements and Design Guidelines. These documents clearly outline a community -based vision for the Uptown and the North of Union site. Community members also articulated their concerns regarding the public participation process and what they do not want for Uptown Saint John. The main outstanding concerns include: • The North of Union project and the public consultation process are being rushed and these rushed decisions will have lasting negative impacts on the community. • Community members are not clear on how and when they will be able to further participate in shaping both the North of Union development and other developments in Saint John in the future. • The City is not sufficiently forthcoming with information and decision making lacks transparency. • The absence of other stakeholders (e.g., Province, private sector, etc.) raises concerns about how the community's ideas will be implemented. • Saint John is in need of more detailed urban design guidelines for the North of Union site. • The North of Union site is not the best location and/or an appropriate location for the proposed police headquarters. • There is no clear commitment to protect, reuse and /or revitalize existing heritage buildings on the North of Union site and in the Uptown area. Prepared by., Cities & Environment Unit March 17, 2008 3 INTRODUCTION The Big Ideas presented here were created to guide development in Uptown Saint John and were generated through consultation with the public. These ideas are based on the notion that the Uptown is already a unique and vibrant area, and that by building on these strengths and respecting the historical significance of the area, new development will encourage more people to come to the Uptown to work, live and play. In doing so, the Uptown will become a complete neighbourhood comprised of residential, commercial and service-oriented development. OPEN SPACES New open space should be created that meets the needs of many people and connects existing infrastructure to a variety of interesting places (e.g., the waterfront). These safe and accessible spaces will provide opportunities for people to meet and gather at different times of the day, and throughout the different seasons. INTENSITYAND DIVERSITY OF USE It is important to attract a variety of people (e.g., young, old, families, low income, young professionals, etc.) to Uptown Saint John, Providing a mix of good-quality housing types (affordable and market), green developments and more services and amenities will lead to a thriving neighbourhood and community. PARKING Parking must not dominate any development. Parking should be concentrated close to transportation hubs at access points along the highway. This strategy will ensure city streets are more pedestrian and bicycle friendly. TRANSPORTATION The Uptown should build active transportation infrastructure into all future development to ensure safe and comfortable pedestrian and bicycle environments. Combined with a focus on local and regional transit options, this will make it easier to live car free. HERITAGE The heritage buildings in the Uptown help us celebrate the history of our city. These buildings will act as catalysts for innovative infiU, reuse and revitalization that can accommodate a variety of different uses. Buildings constructed today are the heritage buildings of the future. ARTS AND CULTURE The Arts Centre located in the Carnegie building is an important focal point that will strengthen the Uptown's connection to the artist community. The Carnegie building will be the anchor from which other facilities and services can grow (i.e., arts corridor). STREETS Streets are places of intensity, variety and human interaction. They must celebrate our culture and identity. Streets must be walkable, comfortable and beautiful, and should also be destinations in their own right. They must attract and support a variety of uses throughout the day and night. A continuous, transparent and porous streetwall with appropriately sized buildings will create streets that are interesting, comfortable and accessible to pedestrians. Prepared by: Cities & Environment Unit, March 17, 2008 37 4 SUSTAINABILITY New development in the Uptown will serve as a leading example of sustainable and green design. This development will not only provide opportunities for people to connect with their surroundings, but will provide a healthy environment where people can work, live and play without having to travel great distances. An emphasis on sustainable development will contribute to a strong and thriving community. PROCESS Creating a shared vision for the Uptown will give community members an idea of what development to say `yes' to and will also give the community the confidence to say 'no'to bad development. The Uptown is in need of a comprehensive community-based plan that will capture the ideas and dreams of community members through an open public consultation process. In addition, the public's visions and ideas must become formally legislated policy to ensure ideas become reality. Prepared by: Cities & Environment Unit, March 17, 2008 IN Concept Plan Illustration of the Big Ideas This Concept Plan is an illustration of what the Uptown area and the North of Union site could become if they were developed according to the Big Ideas and proposed Design Guidelines and with investment in public infrastructure improvements. The Concept Plan is not meant to represent the design of specific buildings, instead it is intended to illustrate some of the development possibilities and potential for the area. N F. A 7 1�_ J K E 0 INP. XO Il"Z, xnml U, 4'If +wQ V T 4' ni , A 6 1 - R EPedestrian-Oriented Areas l I . .... Open Space Ji 0 50 100 200 300 400 500 a Meters Prepared by., Cities & Environment Unit, March 17, 2008 6 KE Concept Plan Elements TUnion Street Instead of widening Union Street to facilitate increased traffic flow, the focus is on improving the pedestrian environment to provide a continuous walkable connection across the peninsula to the waterfront. Bicycling and other active modes of transportation are also promoted along its length. Union Street supports a mix of uses, including residential and street-oriented commercial uses. Provincial Justice Facility This carefully designed public institution sets a high standard for the quality of new buildings and public spaces in Saint John. This building frames attractive and vibrant public spaces, including a new pedestrian street. The Provincial Justice Facility exists as part of the public sphere, building on the mix of people and diversity of uses in the Uptown. Carnegie Building/Arts Centre The Arts Centre has room to grow north and south along Hazen Avenue or east toward Peel Street. It anchors a new arts corridor that extends south through the downtown, connecting existing and possible future arts related uses. @) Pedestrian Street This new pedestrian-only street enables comfortable pedestrian access through the heart of the Uptown area. It connects east from Saint Patrick Street to a new park at Wellington Row and serves as a link in the peninsula's open space network. Police Headquarters This high quality street-oriented public institution includes community-oriented facilities and uses that are accessible and visible from the surrounding streets. The footprint of the building is limited to respect and maintain the area's historical street grid. The design and construction of a new public facility provides the opportunity to apply Saint John's Sustainability Principles by focusing on environmentally -sound design, technologies and materials. E) Mixed-Use Infill Development These blocks present numerous opportunities for mixed-use (commercial, institutions and residential) development that integrates with existing uses and buildings, including valuable heritage buildings. New development will fill in the gaps in the urban structure and frame vibrant, pedestrian - friendly local streets. 0 Parking Structures Parking structures located close to major access points to the peninsula will encourage a reduction of commuter traffic throughout the downtown. Commuters can connect to the downtown through the pedway system or local transit shuttles. Parking facilities can be integrated into transportation hubs that connect to a variety of other transportation modes and include some convenience amenities.. Saint Patrick Street A tree lined Saint Patrick Street with narrowed traffic lanes and an improved pedestrian environment serves as a gateway to King Street and the Uptown. Existing buildings can be opened up to the street providing new opportunities for street level commercial activity. (4) Gateway 111� Landmark corner buildings frame this intersection and form a visible gateway into the city. Prepared by: Cities & Environment Unit, March 17, 2008 7 40 Concept Plan Illustration of the Big Ideas These sketches illustrate some of the possible spatial relationships between buildings and public open spaces. Also depicted are some ideas about how higher point towers might fit into future development of the area and how the siting of new landmark buildings at the end of important streets could create prominent terminating vistas. Prepared by. Cities & Environment Unit, March 17, 2008 41 Concept Plan Illustration of the Big Ideas The following sketches illustrate some ideas about the high quality public spaces and amenities that are possible such as wide sidewalks, tree lined streets, benches and room for sidewalk caf6 and restaurant seating. Current conditions: Looking west from Wellington Row toward Peel Street Looking east from Hazen Avenue along a new pedestrian street. Prepared by: Cities & Environment Unit, March 17, 2008 42 Concept Plan Illustration of the Big Ideas Current conditions: Looking north along Peel Street from Union Street Looking north along Peel Street from Union Street. Prepared by., Cities & Environment Unit, March 17, 2008 43 10 0% Concept Plan OPEN SPACE Illustration of the Big Ideas New open space should be created that meets the needs of many people and connects existing infrastructure to a variety of interesting places (e.g., the waterfront). These safe and accessible spaces will provide opportunities for people to meet and gather at different times of the day, and throughout the different seasons. n F-1 Existing Green Space New Park/Green Space Pedestrian Street Green Streets —ft-IM.- n, P, D, q,,4 --quip" �JDWWRN iii'r . .. . .. �Is 0 50 WO 200 300 400 500 ------ Meters Prepared by: Cities & Environment Unit, March 17, 2008 44 11 Concept Plan INTENSITYAND DIVERSITY OF USE Illustration of the Big Ideas It is important to attract a variety of people (eg,, young, old, families, low income, young professionals, etc.) to Uptown Saint John. Providing a mix of good-quality housing types (affordable and market), green developments and more services and amenities will lead to a thriving neighbourhood and community. n IN L 1/1/a on 24� J '3 L 4' T' 0 so 100 200 300 400 500 mrmmmrmm Meters Prepared by., Cities & Environment Unit, March 17, 2008 45 M (f " 15 19 12 A I 0 so 100 200 300 400 500 mrmmmrmm Meters Prepared by., Cities & Environment Unit, March 17, 2008 45 M (f " 15 19 12 Concept Plan PARKING Illustration of the Big Ideas Parking must not dominate any development. Parking should be concentrated close to transportation hubs at access points along the highway. This strategy will ensure city streets are more pedestrian and bicycle firiendly. n A I Prepared by., Cities & Environment Unit, March 17 2008 46 13 amm A 13 Ir 6 Parking 0 A 0 50 100 200 300 400 500 i�m-� Meters Prepared by., Cities & Environment Unit, March 17 2008 46 13 Concept Plan TRANSPORTATION Illustration of the Big Ideas The Uptown should build active transportation infrastructure into all future development to ensure safe and comfortable pedestrian and bicycle environments. Combined with a focus on local and regional transit options, this will make it easier to live car free. n VIA, Suggested Bus Route F-1 ElPedestrian-Oriented Street Parking El 0 so 100 20,0 300 400 500 P_ �_ moter's Prepared by: Cities & Environment Unit, March 17, 2008 47 14 Concept Plan HERITAGE Illustration of the Big Ideas The heritage buildings in the Uptown help us celebrate the history of our city. These buildings will act as catalysts for innovative infill, reuse and revitalization that can accommodate a variety of different uses. Buildings constructed today are the heritage buildings of the future. E y 4j 12 10001, Ar rg . . ....... . . 48 11L 68 Landmark Buildings Mixed Infill/Heritage Buildings Ll 0 50 100 200 300 400 300 I Meters Prepared by: Cities & Environment Unit, March 17, 2008 15 48 Concept Plan ARTS AND CULTURE Illustration of the Big Ideas The Arts Centre located in the Carnegie building is an important focal point that will strengthen the Uptown's connection to the artist community. The Carnegie building will be the anchor from which other facilities and services can grow (i.e., arts corridor). Prepared by: Cities & Environment Unit, March 17, 2008 49 IN i"A-L jj WIA C' Prepared by: Cities & Environment Unit, March 17, 2008 49 IN i"A-L Prepared by: Cities & Environment Unit, March 17, 2008 49 IN Concept Plan STREETS Illustration of the Big Ideas Streets are places of intensity, variety and human interaction. They must celebrate our culture and identity. Streets must be walkable, comfortable and beautiful, and should also be destinations in their own right. They must attract and support a variety of uses throughout the day and night. A continuous, transparent and porous streetwall with appropriately sized buildings will create streets that are interesting, comfortable and accessible to pedestrians. -M Guide 1' Public ! t Design •% MOT, s ,.,. To achieve the community's vision for the Uptown and realize the full potential of the North of Union site, the City of Saint John must both invest in the creation of high quality public spaces and regulate the form of future development. The following includes a guide to the necessary public improvements and a proposed set of Design Guidelines. By understanding how these two elements work together, the community of Saint John will be able to move forward with confidence, knowing they are creating great streets and complete neighbourhoods in the Uptown that will benefit current and future generations. Guide to Public Improvements Public infrastructure creates the context for buildings and defines the nature of public systems. Public spaces should be carefully considered and designed to ensure that streets, parks, walkways and other gathering spaces add to the diversity of neighourhoods and attract people to the Uptown. Movement In order to achieve a sustainable and vibrant community, streets should be pedestrian oriented. • Focus on people in a walkable downtown by ensuring active transportation options. Make streets into destinations instead of arterials. • To improve pedestrian walkability, maintain or consider narrowing existing streets. • Concentrate parking in easily accessed locations at the gateways to the city. • Parking does more than store cars, it can act as a transfer point with convenience amenities and green functions. • Develop safe and weather protected bus stops which are a permanent, significant part of the street. • Support bike use by providing bike racks and bike lanes. • Ensure pedways are safe connections to streets rather than alternatives to streets. Open Spaces The Uptown should enhance and build open spaces which are safe and accessible. These open spaces should provide important opportunities for people to meet and gather at different tunes of the day throughout the different seasons. • Connect the Uptown to the Waterfront and other parts of the city through walkable, safe and continuous streetscapes and pathways. • Enhance and highlight important views, taking into consideration the topography of the area. • Create and enhance green spaces. Green spaces can be: » parks, green roofs, greenhouses, play- grounds » many different sizes enhanced by natural features (waterfront, topography) • Contribute to the health and sustainability of Saint John by building public recreation spaces. Prepared by: Cities & Environment Unit, March 17, 2008 51 18 Special Streets The unique identity of streets can attract people to the Uptown and should be supported by public infrastructure. • Develop Green Streets that are pedestrian friendly that have more sidewalk than asphalt and greenery planted along the edges. • Support an Arts Corridor as a possibility for enhancing the arts with the Carnegie building functioning as an anchor from which other services and facilities can stem. Design Guidelines Design guidelines describe how buildings should front onto the street to create comfortable and continuous pedestrian - oriented public space. Design guidelines also establish requirements for a mix of uses. Developing new buildings according to these guidelines will promote a complete neighbourhood that will attract a variety of people to live, work and play in the Uptown. Built Form New buildings in the Uptown should ensure continuous, transparent and interesting streets with varied choices for pedestrian movement. Blocks • Retain and reinforce historical smaller block patterns to ensure more edge space, better relation to public space and more pedestrian pathways (continuity and choice of movement), Infill • Respect existing streetwall when building between older existing buildings. • In some situations where the gap between two existing buildings is narrower than the width of adjacent buildings, infill can be set back slightly to create an interesting rhythm along the streetwall. Height • Build generally 5-6 stories (50-60 feet) • Include possibility of point towers (up to 150 feet) in appropriate locations and with appropriate setbacks from the street. Environmental Consideration • New development will serve as an example of leading sustainable and green design and construction. Green Roofs LEED building standards Prepared by Cities & Environment Unit, March 17, 2008 52 we Streets Streets are places of intensity, variety and human interaction, which celebrate culture and identity. Streets should be walkable, comfortable and beautiful as pathways and destinations. Scale • Ensure a relation between the street, its buildings and these buildings' uses, • Provide a number of entrances and access points when creating new buildings to enhance the diversity of life on the streets. • Orient buildings towards the street at the pedestrian level, Corners • Recognize corners as significant points along the street, deserving special treatment in terms of design and use. Continuity of Buildings • Encourage the continuity of streets and discourage inactive uses like surface parking. Mix of Uses A mix of uses extends and intensifies street use throughout the day, making a neighbourhood lively, attractive and safe. A mix of uses can occur horizontally along streets or vertically within buildings. Amenities Support amenities which bring people to the area to live, work and play (complete neighbourhood). Residential development that suits different incomes and lifestyles. Commercial development that is diverse and unique. >> Recreational development for a healthy active population. >) Services that meet all the needs of a thriving community. Institutions • Ensure institutions are part of the public sphere; building on the mix of people and diversity of uses in the Uptown. • Orient the buildings to the street with multiple entrances on all street sides and public gathering spaces. Residential • Encourage residential development on every street to ensure round the clock continuity of use by people who have a vested interest in the area — this is how the idea of a'sustainable neighbourhood is created. • Build a variety of housing types in the Uptown (e.g., low income and market housing). • Encourage residential development amongst commercial, recreational and institutional uses to reinforce the idea of being able to live, work and play without traveling great distances. Prepared by.- Cities & Environment Unit, March 17, 2008 53 do] Accept Big Ideas, Guide to Public Improvements, Design Guidelines and the Concept Plan in principle and use these as the basis for developing a more detailed site plan and set of design guidelines for the North of Union project. 2. Endorse ongoing public engagement and involvement in the development and implementation of planning strategies and policies for Uptown Saint John and the North of Union site. Prepared by., Cities & Environment Unit, March 17, 2008 54 I'm February 22, 2008 North of Union Street Development The following vision, principles, goals and objectives were prepared by a committee of Uptown Saint John Inc. and reflect Uptown Saint John Inc.'s position an this development at this time. It is hoped that these statements are integrated in the preparation of concepts, plans and the eventual physical development of the North of Union precinct. Vision • A place that is vibrant and reflects the community's appreciation for its culture and heritage. • A place that reflects the community's future and respects its past. • A place that has an eclectic mix of uses resulting in a vibrant energy, • A safe and comfortable area. • An area of beauty. • Create a pedestrian friendly environment, accessible to all. • Promote integration of pedestrian - oriented connections to and from the existing street grid surrounding the development area stressing North South connections. • Use street Level pedestrian circulation patterns as opposed to underground or overhead pedways. Maintain a pedestrian scale to development on street frontages and pedestrian areas. Leverage and integrate existing Cultural uses and heritage structures into the land use plan for the area and the expected new structures. Encourage public transit and other more sustainable modes of transport (walking, cycling, rapid transit, bus transit) ■ Do not allow parking to be visibly a prominent land use -- hide it but make it accessible. Establish a flexible infrastructure to allow for a wide variety of uses including special events. Accommodate day time and night time activities, Support retait activity to flourish including cafes, vendors and entertainers. Use Lighting as a distinctive streetscape feature adding to night-time ambience. Design for the long-term success of street trees and landscaping opportunities. Incorporate public art and creative design solutions to utilitarian functions. s a i n t j o h n 55 • Promote cost effective, high quality materials and durable infrastructure elements with a sense of permanence. • Transit related facilities should complement streetscape design. • Minimize impacts of site servicing functions and utilities. • To enhance and encourage access safety in design by Utilizing Crime Prevention through Environmental Design (CPTED) principles. • Support Saint John's VISION 2015 goals. * Re- establish the status of this neighbourhood as one of Saint John's great neighbourhoods using neighbourhood building principles identified by the great urban thinkers of our time including Jane Jacobs. * Recreate the area as a destination for locals and visitors that has leveraged our cultural assets to create a real 24/7 vitality. * Elevate community pride. NA Promote public safety. * Design the area in a way that it reflects Saint John's unique identity, character, sense of place and sets the standard for future development, * Continue the planning process for the entire peninsula. Specific Objectives * Reduce foot print of Police Station by up to 50% to free up land for the development of other uses complimentary to vision and goals for the area. * Save the character defining elements of the site by incorporating most of the heritage buildings in the area into the future plans for the redevelopment of the area. Prepare a utilization strategy for these buildings. Enhance versus diminish the presence of the Saint John Arts Center both through physical development of the area around it and the use of adjacent existing and possibly proposed new structures. • Provide on site parking garage development either below grade or at the northerly edge of the area (the escarpment). • Incorporate public plaza(s) and connect to existing and new pedestrian routes. Keep Union Street to two lanes of traffic (two-way) with parking on the North side. Public transit must be enhanced making connections to the greater Saint John. Do not connect through Union Street via an overhead or underground pedway to the existing pedway system use this money to make the above ground pedestrian areas the best they can be. Keep people on the street level to help increase the vitality of the area. T-TPT(PxVVN s a i n t j o h n 56 Encourage a mix of uses including a strong residential component that provides effective economic support for retail and other uses and other downtown businesses, Overhead wiring and services shalt be underground for all parts of the subject area. UPT6--RWN s a i n t 1 o h n 57 M &C2009 -271 September 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Im SUBJECT: Contract 2009 -5 — Bayside Drive — Phase 1 New 600 mm Sanitary Forcemain (Old Dry Dock to Thorne Avenue) INTRODUCTION ,Saint John Harbour Clean -Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service since 1990. The purpose of this report is to recommend award of the contract for the constriction of the new 600 mm sanitary forcemain on Bayside Drive from the Old Dry Dock to Thorne Avenue. BACKGROUND On March 16, 2007, funding approval for the Saint John Harbour Clean -Up Program was announced by the three levels of Government. The Harbour Clean -Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Constriction is well underway on the Eastern Wastewater Treatment Facility. The design work for the Wastewater Collection System is continuing with the tender for constricting phase I of the sanitary forcemain on Bayside Drive closing on August 25, 2009. TENDER RESULTS Tenders closed on August 25, 2009, with the following results: 1. Gulf Operators Ltd., Saint John, NB $3,702,747.84 2. Fairville Constriction Ltd., Saint John, NB $3,747,181.70 3. Galbraith Constriction Ltd., Saint John, NB $4,215,306.80 4. ACL Limited, Dartmouth, NS $4,395,38433 The Engineer's estimate for the work was $3,128,767.73. 58 M & C 2009 -271 September 9, 2009 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2008 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $6,195,000 was provided in the budget to complete Phase I & II of the forcemain constriction. The projected completion cost of this Contract is estimated to be $3,587,181.64, including the City's eligible H.S.T. rebate Phase II of the Bayside Drive Forcemain will be tendered later this fall which will utilize the remaining available budget amount for the project ($2,607,818.36). POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2009 -5: Bayside Drive — Phase 1 New 600 mm Sanitary Forcemain (Old Dry Dock to Thorne Avenue) be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $3,702,747.84 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 59 M & C — 2009 -272 September 1, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance 55 Folkins Estates Subdivision Phases 5 and 6 ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following application has been received and qualifies for assistance as set out in the program guidelines: No. Applicant Location No. 9 Type of Units Estimated 2009 Assistance 55 Folkins Estates Limited c/o Old Lake Trail and Blackall 18 single detached $108,000 Hughes Surveys Court dwellings The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. RECOMMENDATION: It is recommended that Common Council approve Residential Infrastructure Assistance for the Folkins Estates Limited development at Old Lake Trail and Blackall Court ( Folkins Estates Phases 5 and 6), with an estimated expenditure of $108,000. Respectfi lly submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development .� HUGHES S tj f. r Nr A I IUGHES SURVEY'S & C"1`X,-)N .11"A FS-1 IN(-". LAND ST-TVEYORS, September 1, 2009 Mr. Ken Forrest Planning & Development City of Saint John 1.0t'' Floor, City Hall Saint John, NB (fur File #: 93-171-R Re: Residential Infrastructure Assistance — Folkins Estates Suhdivision Phases 5 & 6 Dear Ken: During the course of soils investigation our client has determined that a substantial amount of the trenching for services on this project will be in bedrock. Since he has encountered these conditions he would appreciate consideration for approval under the Residential Infrastructure Assistance Program. We have enclosed a copy of the application form, a reduced size copy of the Tentative Plan of Phases 5 & 6 for Your convenience and I full size copy of the Tentative Plan. We trust the enclosed information is satisfactory for processing our client's request. 1,11,11101'"OUNIN 41/16) Richard Turner RET/mr Enclosures 575 C R () WN STR F I ;T, S A I NT J 0 V N, N13 F, 2 L 5 9 (5 0 6) 634- tl 7 17 FA X (5 0 6) 634 -075 9 a 19911MIRMOMMIMO 575 Crown Street, Saint John, NB Postal Code E211- 5E9 Telephone #s Hm, mr, r�- A A A I #,it. girl 40A on MOANVAIVA Name of Development Folkins Estates Subdivision Location I Old Lake Trail & Proposed Blackall Court 55186597,55187124 Civic #Street NBGIC# Mffr= U;M �� • r • N Postal Code E21N 1 P9 Total # of Lots 18 Lots Proposed for Phase Type of Development: Singles )< Two Family Townhouse Is the property properly zoned for proposed development? Will the property be subdivided? Has the development received tentative subdivision approval? Do you wish to direct $2,0001unit of your grant to the purchaser of the new dwelling unit? 18 Apartments Yes No Yes No Yes No Yes No Signature of Applicant: Date: A), 62 63 M & C 2009 - 278 September 8, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, Im SUBJECT: CONTRACT NO. 2009 -8: Millidgeville Waste Water Treatment Facility — Secondary Clarifier Building Electrical Component Renewal Project BACKGROUND This contract consists of a project that is approved in the 2009 Water & Sewerage Utility Fund Capital Program as follows: 1. Renewal of electrical components in the secondary clarifier building. TENDER RESULTS Tenders closed on September 2, 2009, with the following results: I. O'Brien Electric Co. Ltd., Saint John, NB $ 145,770.00 2. ICS State, Saint John, NB $ 181,930.00 3. G J Cahill & Company Limited, Saint John, NB $ 200 010.00 The Engineer's estimate for the work was $142,750.00. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. 64 M & C 2009 - 278 September 8, 2009 Page 2 The analysis concludes that a total amount of $145,000 was provided in the 2009 budget and that the projected completion cost of the project included in the contract is estimated to be $150,356.19, including the City's eligible H.S.T. rebate - a $5,356.19 negative difference in the Water & Sewerage Utility Fund Capital Program. The difference can be managed within the overall program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2009 -8: Millidgeville Waste Water Treatment Facility — Secondary Clarifier Building Electrical Component Renewal Project, be awarded to the low tenderer, O'Brien Electric Co. Ltd., at the tendered price of $145,770.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 65 rn O O N 0 N E N Q U) w Q 0 z O U W O O U U z O U C9 m O O N U N� N z O 0 a� 2 E (B L (B L M L w w z 0 z w 6 H z w O Ol E a) 0) E O U i O c6 0) N L O N 0 U N N L L 0 a� 0 U N LO LO co co o O Lr V n Cl) (1) (1) 0) 0) _0 _0 m m J t Q LO LO m 00 O H Ef) + co co O LO t � EA EA 00 00 0 (h (7 00 E (l) W Ef) EA O O O O O O N O O L LO LO p ao ao EA EA LO LL O O O O o 6q r` r` a> E Lci V HQ v v O O O O °O °O CO -0 >O flc O O z; 2 N m `-' Lr) Lr) m fl U Q LO LO rn N Z 00 U r` o N co L c� 0 A _0 C o p �_ J Q N U N Q — m F– o c6 O o IL (1) .� Q� 70 a� E (1) U W U 0� 6 H z w O Ol E a) 0) E O U i O c6 0) N L O N 0 U N N L L 0 a� 0 U N M & C — 2009 - 275 September 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up Lift Station #34 Acquisition of Construction Easement Agreement PID # 00403535 BACKGROUND: Common Council at its meeting of August 4, 2009 authorized the acquisition of a six (6) metre wide easement in connection with Harbour Clean -Up through PID 00403535. Crandall have since advised staff that they will also require a temporary Constriction Easement up to fifteen metres in width over the same route as the six (6) metre wide permanent easement in order to install the municipal works into said six (6) metre wide permanent easement. Staff has successfidly negotiated an agreement with Lois Ellis, subject to Common Council's approval, for the purchase of the temporary Constriction Easement on, over, & through a portion of PID # 00403535. A copy of the agreement is attached hereto, along with a copy of the design plan prepared by Crandall. The negotiated price for the Constriction Easement is $500.00, being a nominal amount. This is the only land acquisition for the SLS 434 portion of the Harbour Clean -Up project. 67 Report to Common Council September 11, 2009 RECOMMENDATION: Page 2 That The City of Saint John accept the offer of Lois Ellis as set out in the Constriction Easement (Agreement) attached to M &C 2009 - 275 & acquire the temporary constriction easement interest in, over, & through the portion of PID 00403535 described in the Agreement for the sum of $500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Acting City Manager Attachments PNi' P .: IN FIRMS 1 11 " Will III / ±ra L „fin The Purchaser agrees to Mt urchase from the Vendor and the Vendor agrees to sell to the Purchaser a construction easement in and through the Vendor's lands PIN 00403535 as hereinafter set out upon EM Vendor: LOIS M. ELLIS 12 White House Court Saint John, NB E2M 528 15 Market Square Saint John, NB E2L 4L1 Attention: Cortmon Clerk Purchase Price: $500.00 + HST if applicable, payable within 20 days of adoption of Common Council Resolution metre wide municipal services easement is not to exceed 15 metres in width. R 70 Construction Easement Agreement Lois M. Ellis and The City of Saint John 4, The Purchaser will have vacant possession of the Real Property on delivery of a signed copy of this agreement, and payment of the Purchase Price by the Purchaser to the Vendor. 5, This Agreement will terminate when the Purchaser has fulfilled its rights and obligations set out in Section 3 above, 6, This offer shall be irrevocable by the Vendor until 4:00 p,m. local time on October 02, 2009 and upon acceptance by the Purchaser shall constitute a Construction Easement Agreement binding upon the parties hereto, 7 This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. IN 71 Construction Easement Agreernent Lois M. Elks and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of September, 2009. AND the Purchaser has caused these presents to be executed this day of 2009, BM 72 M & C — 2009 — 280 September 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 202 St. James Street West BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Slavica Bogdanov 202 St. James Street West RECOMMENDATION: "R -2" "R -4" To permit a four -unit dwelling That Common Council schedule the public hearing for the rezoning application of Slavica Bogdanov (202 St. James Street West) for Tuesday, October 13, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development 74 M &C2009 -281 September 3, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Amendments to Agreement of Purchase and Sale Ellerdale Properties Limited 243 Prince William Street and 230 Water Street BACKGROUND Im At the March 17, 2008 meeting of Common Council, a report was submitted by the then Commissioner of Planning and Development respecting a Municipal Plan Amendment and Rezoning application for a new condominium development at 243 Prince William Street and 230 Water Street. The staff recommendation to Common Council was: That Common Council consider third reading of the requested Municipal Plan amendnvent and rezoning frith the attached ,Section 39 Agreement. 2. Common Council amend its purchase and sale agreement of December 4, 2007 be amended by: i) deleting 2(a) "a restriction limiting the rise q/ 'a three (3) metre iride strip of land along the northern sideline of the lands to be used as a bi!#Li -; ii) adding a neir 2(a) "those areas of land being 11tilized f )r the development of the so called Three Sisters Park at the southern tip of the lands. " The minutes of the Common Council meeting indicate that Council adopted a motion to receive the staff report and recommendation as information. The consequence of the adopted motion is that Council did not agree to amend the Agreement of Purchase and Sale as recommended. The amendments to the Agreement are important as they are necessary to preserve the view plane from Queen Street to the waterfront. This was an issue of significant discussion during the rezoning process. 75 2 ANALYSIS Staff believe that Council did intend to amend the purchase and sale agreement of December 4, 2007. Adoption of the staff recommendation would support the position Council took with respect to the rezoning application. RECOMMENDATION It is recommended that Common Council amend its purchase and sale agreement of December 4, 2007 by: i) deleting 2(a) "a restriction limiting the use of a three (3) metre wide strip of land along the northern sideline of the lands to be used as a buffer;" ii) adding a new 2(a) "those areas of land being utilized for the development of the so called Three Sisters Park at the southern tip of the lands." Respectfidly submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA Deputy City Manager 76 7*'EPOR. TO COMMON CGUNCIL M & C — 2008-47 March 12, 2008 I UZI ; vinup Members of Common Council M SUBHXT: Municipal �Plan Amendment and Rezoning Tbird Reading 7*'LPri,j.,,ce William Street and 230 Water Street BACKGROUND: On January 21, 2008 a Public Hearing was held with respect to the above noted application. There were a number of presentations both in favour and in opposition to the proposal. The main issue of discussion was the view extending to the harbour from Queen Street. Council gave first and second reading to the amendments requested, but third reading was held until a development agreement could be concluded. This also would allow the applicant an opportunity to discuss alterations wit. Waterfront Development and Uptown Saint John, A variety of meetings were held with staff and representatives of the groups, while there were also individual meetings on specific topics. r7t City of Saint of 77 Report to Common C �icil Page 2 March 12, 2008 the adjacent brick building but conceptually appears to be within the 120% guideline used in infill zones and the Heritage Development By-law, One of the substantial secondary benefits is the existing building will have a substantial "view plane" from its south facing wall which should facilitate the redevelopment of the existing building, The public plaza area will be treated similar to land for public purposes; the developer will provide the land (base construction) the City will design and construct the public amenities. The developer will be responsible for on going maintenance. This will be undertaken as an. extension to the work in Three Sisters Park and include sidewalk and surface improvements to Princess Street, Servicing work has been undertaken as part of service renewals for both Water and Prince William Streets, However, there may be specified additional laterals, such as the lateral for sprinkler lines which may be required. The City marketed the lot as fully serviced, but our contribution is capped. This a, regiment has been prepared with the assistance of the Legal Department but there may still be further adjustments required prior to registration. If these are of significance they will be returned to Council, RECOMMENDATION: That Common Council consider third reading of the requested Municipal Plan amendment and rezoning with the attached Section 39 Agreement, 1 Common Council amend its purchase and sale agreement of December 4, 2007 be amended by: W ii) adding a new 2(a) "those areas of land being utilized for the development of the so called Three Sisters Park at the southern tip of the lands," Respectfully submitted, ayy Xini R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB/mmf 79 <D This agreement made this _fV±_ day of December, 2007, THE CITY OF SAINT JOHN (the "City") LWOR "I, Iyalow,10"30W12*10111 (the "Company") OF THE SECOND PkkT WHEREAS the City and the Company have entered into an agreement wher the Company has ac ' cess to the Lands to carry out inspections, surveys, testing environmental audits to, in and upon the Lands; and WHEREAS it is anticipated that the Company shall, in due course, make an 9,pplication for the said rezoning of the Lands; and In consideration of the sum of Ten Dollars ($10, 00) now paid by each party, o to the other, the receipt whereof is hereby acknowledged, the parties, provided Company shall apply for and be granted an amendment to the City's Zoning By- from - designations "Uptown Regional Centre" and "Medium - Density Residential" designation "Integrated Development" in respect of the Lands (it being anderstood Ith 111u, ME Agrocment of Purchase and Sale -2- provided that the City and the Company sball have executed a Developers Agreem j drawn pursuant to Section 39 of the Community Planning Act, agree that the City sh wN4i&-Lzr4s t&-(4-r(—,C n rl upon the following ternis and conditions: Wn= SUNNI '11111» 11111111!1111 1111 11 III I !I I I E, I I I! I I Ii I I I I I I: I I ;II I I I I I I I I I I I! I I: I !I!III 11111 l »2 :� b) a restriction limiting use of a three (3) metre wide strip of land w<. +. northern sideline of the Lands to use as a buffer; d) an option, irrevocable within the time limited for acceptance to purchase free from encumbrances and Arictions other than encumbrances and restrictions existing at which option shall arise on the first anniversary of the cte , if,%t that time the Coml has not 4. The closing shall take place on or before June 30, 2009 provided the conditio Tri precedent have been fulfilled, The closing shall take place in the City Solicitor's Of il ,S'h Floor, City Hall, 15 Market Square, Saint John, NB. MW E-E Ageement of Purchase and Sale W 3 - T The City shall deliver vacant possession of the Lands to the Company at closing, Property Taxes shall be adjusted as of the closing. M The Company is permitted to post signage upon the Lands for the, purpose of promoting the development proposed by the Company provided the permission is unduly interfere with the current use of the Lands 12, Any tender of document.-, or money hereunder shall be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 11 Time shall be of the essence hereof. 14, Any notice, direction or other document required or permitted to be givell hereunder or for the purposes hereof (hereinafter this section called a "notice") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent im 82 Agrement of Purchase and Sale .4- by prepaid registered mail or if transmitted by facsimile or other fOTM of recorded communication tested prior to transmission to each party- 15 Market Square P. 0. Box 1971 Saint John, Now Brunswick E2L 4LI Facsimile Number: 506-674-4214 Attention: Common Clerk ff= 1190 Fairville Boulevard Saint John, Now Brunswick E21A 5 Facsimile Number: Attention: John P. Rocca 16, The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transaction contemplated hereby, and each party shall provide such further documents or instruments required by any other party as may be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its provisions. 470 invalidating the remaining covenants and provisions hereof and sha,011 be deemed severed from this Agreement to the extent of such prohibition. Ito EN 83 Agreament of Pumbase and Sale -5- the parties and their respective successors and pennitted assigns, any rights or remedies under or by reason of this Agreement. 19, This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above writt4L SIGNED, SEALED & DELIVERED) In the presence of, -14 '51 I 84 MYN OF SAINT JOHN M V1. A= �Comm= C�] erk Common Council Resolutiow April 23, 2007. Amended December go Ow RM i Was �m 9 85 I . . . . . ........ . ............ REPORT TO COMMON COUNCIL M & C-2009 -283 September 14, 2009 His Worship Mayor Ivan Court And Members of Common Council ",441V City of Saint John Your Worship and Councillors: RE: Recreational Infrastructure Canada Program Funding — Carleton Community Centre MeNZ11413M The purpose of this report is to place before Common Council the Letter of Offer from the Atlantic Canada Opportunities Agency (ACOA) relating to upgrades at the Carleton Community Centre and to seek authorization for the Mayor and Common Clerk to execute the appropriate documentation. ANALYSIS: An application was made under the Federal Recreational Infrastructure Canada Program (RhiC), for funding to replace the hardwood gymnasium flooring at the Carleton Community Centre. The estimated cost of the project is $62,500. The attached letter of offer from ACOA would see a federal contribution towards the cost of this project in the amount of $22,500. The balance of the costs would be the responsibility of the City of Saint John. In accordance with the Letter of Offer all work associated with the project must be completed by December 31, 2009. Staff are in the final stages of preparing Tender documents for this work and it is anticipated that the tender will be released within the week. It is anticipated that the work should be completed by the end of October, 2009. FINANCIAL IMPLICATIONS: Funds were set aside in the 2009 Capital Budget under Facility Management for this project. As such the required $40,000 contribution from the City will be drawn from these funds. E-2 It is recommended that Common Council accept the terms and conditions of the July 31, 2009 Letter of Offer from the Atlantic Canada Opportunities Agency for funding in the amount of $22,500 under the Recreational Infrastructure Program and authorize the Mayor and Common Clerk to execute appropriate documentation in that regard. Respectfully submitted, An X �wP. Beckett C.A. Deputy City Manager Woods C.G.A. Acting City Manager 87 Atlantic Canada Agency de Opportunities promotion 6conomique LIU Agency du Canada atlantique Project No.: 195984 ' UL IL 2Q09 31 JU. City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4LI Attention: Michael Hugenholtz, Manager, Facilities Management Dear Sir: Re: Recreational Infrastructure Canada Program (RInQ New Brunswick Bureau du Office Nouveau•Brunswiok P.O. Box 578 C. P. 578 Fredericton, N.B. Fredericton (N.-B.) E3B 5A6 E3B 5A6 In response to your application received June 18, 2009, the Atlantic Canada Opportunities Agency (the "Agency"), hereby offers to make a contribution to the City of Saint John ("the Applicant") upon the following terms and conditions: 1.00 Definitions "Control Period" means the period commencing on the Project Commencement Date and ending six months after the Project Completion Date. "Eligible Costs" means those costs which, in the opinion of the Agency, are reasonable and necessary to carry out the Project and described in the Statement of Work, unless otherwise ineligible under paragraph 4.02 of this Agreement due to late filing. "Minister" means the Minister responsible for the Agency and other persons as authorized by the Minister to act on his/her behalf. "Parties" means the Agency and the Applicant. "Project" means an undertaking that meets the Program eligibility and as further described in the Statement of Work. "Program" means the Recreational Infrastructure Canada Program. "Statement of Work" means the work described in Annex I which forms part of this Agreement. �11161! E-1 2.00 Project 2.01 The Applicant shall commence the Project on or before August 31, 2009, which date is the Project Commencement Date. 2.02 The Applicant shall complete the Project to the satisfaction of the Agency on or before December 31, 2009, which date is the Project Completion Date. 2.03 The Agency shall not contribute to any Eligible Costs incurred prior to June 18, 2009. 3.00 Contribution 3.01 Subject to all other provisions of this Agreement, the Agency shall make a non-repayable contribution (the "Contribution"), to the Applicant, to assist in the execution of the Project as described in Annex I (Statement of Work), and calculated as the lesser of (a) and (b) as follows: (a) 33.333% of eligible costs, estimated to be $60,000 and 100% of eligible signage costs estimated to be $2,500; and (b) $22,500. 3.02 The Applicant will carry out the Project as described in Annex I and will make claims for Eligible costs in accordance with instructions to be provided by the Agency and in a diligent and professional manner using qualified personnel. 3.03 The Applicant remains solely responsible for providing and obtaining the funding required for the carrying out of the Project, including any cost overruns. 4.00 Payments 4.01 (a) Payments of the Contribution are estimated to be in the following amount for the Agency's fiscal year and based on the Eligible Costs anticipated to be incurred by the Applicant within the fiscal year: Fiscal Year 2009-10 $22,500 (b) The Agency's fiscal year starts on April I" and ends on March 31st of the following calendar year. For each individual fiscal year, only the Eligible Costs incurred by the Applicant between April I" and March 31" of the following calendar year are eligible for the funding allocated for the applicable fiscal year in 4.01 (a) above. (c ) In the event that the Applicant forecasts to incur Eligible Costs different than anticipated under 4.01 (a) above, the Applicant shall inform the Agency in writing, as soon as possible, but not later than 60 days prior to the end of the relevant fiscal year. E-E The Agency will consider any request to adjust the following fiscal year's payment allocation accordingly, but the Agency will have no obligation to do so. 4.02 The Applicant shall, no later than sixty (60) days following the Project Completion Date, submit to the Agency a satisfactory claim for all Eligible Costs incurred prior to the Project Completion Date and which have not already been claimed. Any Eligible Costs not claimed in accordance with the foregoing shall be deemed not to be Eligible Costs unless otherwise agreed to in writing by the Agency prior to the Project Completion Date. 4.03 Options of Payment: (a) Progress Pa eats At the request of the Applicant, the Agency may make progress payments to the Applicant based on claims for Eligible Costs, which have been incurred. Each claim shall be completed in accordance with instructions to be provided by the Agency to the Applicant. (b) Joint Pa tints At the discretion of the Agency or upon the request of the Applicant, the Agency may make payments jointly to the Applicant and its supplier for Eligible Costs which have been incurred. (c) Final Payment Notwithstanding the provisions of this sub-section, ten percent (10%) of the Contribution will normally be reserved for a final payment to be based on a claim submitted by the Applicant by the Project Completion Date and normally after all Eligible Costs have been incurred and paid. (d) Advance Payments In exceptional cases and at the discretion of the Agency, an advance payment may be made to the Applicant. To request an advance payment, the Applicant must submit a completed copy of the Advance Payment Request Form (provided by the Agency), including monthly cash flow forecast of requirements for the Eligible Costs to be incurred during the advance period. Such documentation must demonstrate that an advance payment is essential to the successful completion of the Project. Each advance payment must be accounted for, to the satisfaction of the Agency, within forty-five (45) days of the end of the advance period for which that advance was made. :.ON Should the Agency determine that an advance payment will be made; such payment will be made in accordance with the Treasury Board Policy and Directive on Transfer Payments to a maximum of twenty-five (25) percent of Eligible Costs. 4.04 Prior to any disbursement of this Contribution by the Agency, the Applicant shall normally complete and sign the attached Annex 4 - Pre-authorized Repayment/Direct Deposit Authorization and return it, together with a void cheque, with the acceptance of this offer. 4.05 It is a requirement of this Agreement that the Applicant shall keep the original invoices and proof of payment for all Eligible Costs readily available for examination by the Agency during any payment verification or audit and until thirty-six (36) months following the end of the Control Period. 5.00 Conditions 5.01 Prior to the Project commencement and by initial disbursement, the Applicant must provide written confirmation of the remaining 2/3 assistance. The program is designed to ensure projects are started promptly. If additional financing cannot be confirmed within the time frame, the project may be cancelled and funds may be decommitted. 5.02 The Applicant, throughout the Project implementation, shall conform to the requirements of all applicable federal and provincial government regulatory regimes including, but not limited to, the Canadian Environmental Assessment Act. 5.03 No increase in the Contribution amount will be authorized unless approved in writing by the Agency prior to the incremental Eligible Costs being incurred. 5.04 If the project does not start by September 30, 2009, the Agency may cancel the project and funds may be decommitted. 6.00 Reporting 6.01 From the date of Project Commencement until the Project Completion date, the Applicant shall submit at the request of the Agency, status reports on the progress and results of the Project in a form satisfactory to the Agency. The report shall include as relevant: -Progress of reconstruction of gymnasium floor -Date when floor is completed and in use 7.00 Other Government Assistance 7.01 The Applicant shall infon-n the Agency promptly in writing of any assistance from federal, provincial or municipal sources other than identified in Article 5.01 which has .011 been received or is to be received for the Project, and the Agency shall have the right to adjust the Contribution to take into account the amount of any such assistance received and may require repayment from the Applicant. 8.00 Agency's Right of Set-Off 8.01 When making any claim for payment under this Agreement, the Applicant shall include a certificate as to whether or not any amounts referred to in subsection 8.02 of the Agreement are due to Her Majesty the Queen in Right of Canada and details of any such amount. 8.02 Without limiting the scope of set-off rights provided for under the Financial Administration Act, it is understood that the Agency may reduce the Contribution to the Applicant under the Agreement by any amount that the Applicant owes to Her Majesty the Queen in Right of Canada under legislation or other contribution agreements, 9.00 Communications 9.01 The Applicant consents to a public announcement of the Project, by or on behalf of the Agency. The Agency shall inform the Applicant of the date on which the announcement is to be made and the Applicant shall keep this offer confidential until such date. After official announcement of the Project by the Agency, or sixty (60) days after the Applicant's acceptance of this offer, whichever is earlier, information appearing on the Project Fact Sheet, as attached hereto, will be considered to be in the public domain. 9.02 The Applicant shall, in all public communications (including but not limited to Web sites, publications, news releases, presentations, annual reports, on-site signage) acknowledge the financial contribution of the Government of Canada. The Applicant shall consent to a form of acknowledgement which has been approved by the Minister or his/her representatives, and which may include text in both official languages, an official government symbol and/or other graphic elements. The Applicant also consents to limit the acknowledgement to applications agreed upon by the Minister or his/her representatives and to terminate the acknowledgement upon the request by the Minister or his/her representatives. 9.03 The Applicant consents: a) To the placement of a sign and/or plaque to be installed on the site reflecting the federal government involvement in the Project, except where the Agency deems a sign/plaque to be inappropriate; b) To be responsible for the purchase and installation of the sign/plaque in accordance with the specifications (layout, size, location) provided by the Agency — expenses will be deemed Eligible Costs; and c) To install the sign/plaque in conjunction with or following the public announcement -DON and to keep the sign/plaque on site for a reasonable period of time, as determined by Agency officials. 10.00 Notice 10.01 Any notice or correspondence to the Agency, including the attached duplicate copy of this Agreement signed by the Applicant, shall be addressed to: Atlantic Canada Opportunities Agency 570 Queen Street, 3rd Floor P.O. Box 578 Fredericton, New Brunswick E3B 5A6 Attention : Community Development or to such address as is designated by the Agency in writing. 11.00 Entire Contract 11.01 This offer, if accepted, including Annexes 1, 2, 3, and 4, constitutes the entire Agreement between the parties with respect to its subject matter. No amendments shall be made to the resulting contract unless confirmed in writing. This offer is open for acceptance for sixty (60) days from the date that appears on its face. The date of acceptance shall be the date the duplicate copy of this offer, unconditionally and duly executed by the Applicant, is received by the Agency. If further information is required, please contact John Flood, the officer assigned to your Project, at 1-800-561-4030, 506-452-3393 or via e-mail atjohn.flood@acoa-apeca.gc.ca. Yours truly, Hugh Hicks Director Community Development Attachments: 0 Annex I - Statement of Work 0 Annex 2 - Project Fact Sheet for News Release 0 Annex 3 - General Conditions 0 Annex 4 - Pre-authorized Repayment/Direct Deposit Form :M The foregoing offer is hereby accepted this day of .2009. (Project No.: 195984) City of Saint John Per: Per: (Signature) (Title) (Signature) (Title) -am (Corporate Seal) ANNEX 1 Statement of Work Project Description: Replacement of 3000 square feet of hardwood gymnasium floor. Project Location: Saint John, New Brunswick Proiect Cost and Financinu: Cost Description Amount Financing Source Amount Gym floor replacement $60,000 ACOA $20,000 Sign (TBD) 2,500 ACOA Signage 2,500 City 'of Saint John 40,000 Total Costs $62,500 Total Financing $62,500 Note: Any HST reimbursed will not qualify as an eligible expense. ME ANNEX Project Fact Sheet For News Release Program: Project No,: ACOA - RInC 195984 Name and Address of Applicant: Applicant Contact: City of Saint John Name: Michael Hugenholtz P.O. Box 1971 Title: Manager, Facilities Saint John, New Brunswick Management E2L 4LI Telephone: 506-674-4157 Fax: 506-632-6199 Project Location: Saint John, New Brunswick Project Type: Rehabilitation/repair of existing recreational infrastructure . ... ..... . . ........ Project Description: Replacement of 3000 square feet of hardwood gymnasium floor. Total Project Costs: $62,500 Eligible Costs: $62,500 Authorized Assistance: $22,500 Total Government Funding: $22,500 Estimated Commencement Date: August 31, 2009 Estimated Completion Date: December 31, 2009 -am ANNEX General Conditions 1. The Agreement resulting from the acceptance of this offer ("this Agreement") is made pursuant to the Agency's Recreational Infrastructure Canada Program (RInC). This offer embodies and is subject to the Terms and Conditions of the RlnC Program as approved by Treasury Board. This Agreement is that which is referred to as the "Contribution Agreement" in the Terms and Conditions, and should there be a conflict between the conditions included in this Agreement and the Terms and Conditions as approved by Treasury Board, the latter shall prevail. 2, The Applicant shall obtain the approval of the Agency before preparing any announcements, brochures, advertisements or other materials that will display the Agency logo or otherwise make reference to the Agency. 3, The Applicant will advise the Agency at least thirty (30) days in advance of any special event (official opening, ribbon cutting, sod-turning, etc), the Applicant wishes to organize in connection with the Project. A ceremony shall only be held on a date which is mutually acceptable to the Minister and the Applicant. Furthermore, the Applicant consents to having the Minister or designate participate in any such ceremony. 4. The Applicant shall not alter the scope of the Project without the prior written consent of the Agency. 5. The Agency shall not contribute to any Eligible Cost that is not a reasonable and proper direct Project cost, or to any Eligible Cost, which is not substantiated by satisfactory supporting documentation. 6. The Applicant shall obtain the prior written consent of the Agency to any material change in the ownership, management, financing, location, size of facilities, timing, job creation, federal, provincial or municipal assistance with respect to the Project. 7. Upon request by the Agency, the Applicant shall provide elaboration of any report required under this Agreement, promptly and at no cost to the Agency. 8. The Applicant shall obtain appropriate insurance coverage until the end of the Control Period. 9. (a) The following constitute Events of Default: W the Applicant becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; (ii) an order is made or resolution passed for the winding up of the Applicant, or the Applicant is dissolved; (iii) in the opinion of the Agency, the Applicant ceases to carry on business; (iv) the Applicant has submitted false or misleading information to the Agency; (v) the Applicant makes a false or misleading statement concerning assistance by the Agency in a prospectus or other document related to raising funds; (vi) the Applicant has not met or satisfied a term or condition to which the Contribution is subject; or (vii) the Project is not completed to the satisfaction of the Agency on or before March 31, 2011. (viii) the Applicant is in default under any other written agreement with the Agency. -DOM (iX) in the opinion of the Agency a material adverse change occurs in the financial condition, business operations of the Applicant(s), or any subsidiaries of the Applicant(s) or risk of the Project, (b) If an Event of Default has occurred, or in the opinion of the Agency is likely to occur, the Agency may exercise either or both of the following remedies: G) terminate any obligation by the Agency to contribute or continue to contribute to the costs of the Project, including any obligation to pay an amount owing prior to the date of such termination; (ii) require the Applicant to repay part of or all of the Contribution forthwith to the Agency, and that amount is a debt due to Her Majesty in right of Canada and may be recovered as such. (c) The Applicant acknowledges the policy objectives served by the Minister's agreement to make the Contribution, that the Contribution comes from the public monies, and that the amount of damages sustained by the Crown in an Event of Default is difficult to ascertain and therefore that it is fair and reasonable that the Minister be entitled to exercise any or all of their remedies provided for in this Agreement and to do so in the manner provided for in this Agreement if an Event of Default occurs. 10. The Applicant shall pay, in addition to any amount payable as a result of an Event of Default, interest on that amount. The interest, calculated daily and compounded monthly, shall accrue commencing upon the date which, in the opinion of the Agency, the Event of Default occurred. The rate of interest shall be equal to 3% higher than the average Bank of Canada discount rate for the previous month. IL The Applicant must repay to the Agency any amount of the Contribution which exceeds the amount to which the Applicant is entitled to arising from but not limited to overpayments, unexpended balances and disallowed expenses, within thirty (30) days of written notification by the Agency and that this amount constitutes a debt due to Her Majesty the Queen in Right of Canada. 12. When any payment is received from the Applicant on account of a repayable Contribution or an Event of Default, the Agency shall apply that payment first to reduce any accrued interest owing and then, if any part of the payment remains, to reduce the outstanding principal balance, 13. Any notice required to be given with respect to this Agreement shall be in writing and shall be effectively given if delivered or if sent by ordinary or registered mail, telegram, fax or telex addressed to the party for whom the notice is intended. Any notice shall be deemed to have been received on delivery; any notice sent by telegram, fax or telex shall be deemed to have been received one working day after being sent; any notice mailed shall be deemed to have been received eight (8) calendar days after being mailed. 14. This Agreement shall not be assigned by the Applicant without the prior written consent of the Agency. 15. No member of the House of Commons of Canada or the Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 16. No current or former public office holder or public servant, who is not in compliance with the Conflict of InterestAct, Conflict ofInterest and Post-Employment Code for Former Public Office Holders and the Value and Ethics Code for Public Service, shall derive a direct benefit from this Agreement, 17. This Agreement is binding on the Applicant and its successors and assigns, 18. The Parties declare that nothing in this Agreement shall be construed as creating a principal agent, employer- employee, partnership, or joint venture relationship between the Agency and the Applicant and that the Applicant shall not represent itself as an agent, employee or partner of the Agency, including in any agreement with a third party. 19, The Applicant shall not, prior to the end of the Control Period, cease to use, sell or otherwise dispose of Project -am assets, the costs of which the Agency has contributed, without the written consent of the Agency except where the assets disposed of are immediately replaced by comparable assets of equal or greater value. 20, The Agency reserves the right to cancel or reduce the Contribution in the event departmental funding levels are changed by Parliament. 21. Any payment by the Agency under this Agreement is subject to there being an appropriation for the fiscal year in which the payment is to be made. 22. The Applicant shall obtain all necessary licenses and permits in relation to the Project that satisfy the requirements of all regulating bodies of appropriate jurisdiction. 23. The Applicant declares that no contingency fee for the solicitation, negotiation or obtaining of this Agreement has been paid, agreed to be paid or will be paid directly or indirectly to any person other than to an employee of the Applicant acting within the scope of their employment. 24, The Agency may, at any time, by thirty (30) days notice to the Applicant, cancel this Agreement if, in the Agency's opinion, the Statement of Work has not been executed in a satisfactory manner, or if the progress and objectives outlined in this Agreement have not been met. 25. The Applicant shall indemnify and save harmless, the Agency from and against all claims, losses, damages, costs and expenses relating to any injury to, or death of, a person or loss or damage to property caused or alleged to be caused by the Applicant or its servants or agents in carrying out the Applicant's activities. 26. The Applicant represents and warrants that any person who lobbies on their behalf to obtain this Agreement or any benefit thereunder, does so in compliance with the Lobbying Act. 27. For a period up to thirty-six (36) months after the end of the Control Period, the Applicant shall: (a) maintain and retain the records relating to the Contribution, and (b) permit any authorized representative of the Agency reasonable access to its premises to assess the progress and results of the Project and to audit the books, accounts and records of all costs of the Project. 28. Capitalized terms not otherwise defined shall have the meaning attributed to them in the Program's Terms and Conditions. 29. All information obtained by the Agency from the Applicant will be treated in accordance with the Access to Information Act and the Privacy Act. :.*• Applicant Name: City of Saint John Agency Project Number: 195984 A- Pre-Authorized Repayment - Please attach a voided cheque and complete the following: Name of Account Holder(s) (If different from above) If you are not providing a voided cheque, please have the following completed and confirmed by your financial institution: Branch No.: Account No,: Name(s) of Account Holder(s): Financial Institution: Address: Telephone No.: Signature of Financial Institution Official Institution No.: Date This method of loan repayment will be used only with your authorization. All information will be treated in accordance with the Access to lnformation&t and the Privacy Act, B- Direct Deposit: Payments can be deposited directly in the above-mentioned bank account. Do you wish to take advantage of this service? No Yes If Yes, Email: Me hereby authorize the Atlantic Canada Opportunities Agency to debit the bank account identified above, as per the repayment terms of the letter(s) of offer and any subsequent amendments. If Uwe have checked YES for the Direct Deposit Service, Uwe hereby authorize the Atlantic Canada Opportunities Agency to credit the bank account identified above. Signature of Authorized Signing Officer(s) Signature of Authorized Signing Officer(s) im Date Date i R,,"EPORT TO COMMON COU'NCIL M & C 2009 - 285 September 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: MR The dly t)f Safitt loom, SUBJECT: Engineering Design and Construction Management Services: Sea Street Storm System Improvements BACKGROUND Incidents of flooding in the new section of Sea Street Estates have occurred in recent years. As a follow -up a Storm Water Assessment was initiated and CBCL Limited was engaged under the General Fund Operating Budget to carry out the assessment. A report entitled Sea Street — Storm Water Assessment, submitted to the City in March 2009, included recommendations for storm system upgrades. The approved 2009 General Fund Capital Program includes a project for fiirther evaluation of the Sea Street Drainage Basin and preparation of detailed design documents to implement local drainage improvements for the storm system. This project includes the fiinding necessary to engage engineering services to complete the following: ■ Site surveys, preliminary investigation and data collection; ■ Public consultation process, ■ Detailed design and specifications preparation, ■ Constriction management and inspection services, and ■ Record drawings in digital and hard copy format. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. im M & C 2009 - 285 September 10, 2009 Page 2 ANALYSIS On March 16, 2009 (M &C 2009 -65) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with CBCL Limited to carry out the Sea Street Storm System Improvements project. On August 11, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response, CBCL Limited submitted a proposal on August 21, 2009. A Review Committee consisting of the following staff completed an analysis of the submission: ■ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ■ Jodi Stringer, MIT Project Coordinator, Municipal Engineering ■ Graham Huddleston, P. Eng. Operations Manager — Environmental Protection ■ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the CBCL Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with CBCL Limited to settle on an acceptable consultant's fee to submit to Council for approval. The submission from CBCL Limited met all of the requirements of the request for proposal, in a manner acceptable to the Committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from CBCL Limited to provide engineering design and constriction management services is approximately $86,470 including the City's eligible HST rebate. An amount of $250,000 was included in the 2009 General Fund Capital Program for the engineering design and constriction management services and constriction. An amount of $350,000 has been proposed for the 2010 General Fund Capital Program in order to complete constriction for Phase II of the storm system improvements. Staff proposes that CBCL Limited proceed in 2009 to complete Parts A, B, C, D, and a portion of Part E of the terms of reference which totals approximately $66,235. This includes all of the site surveys, preliminary investigation and data collection, the public consultation process, detailed design and specifications preparation for both Phases I and II, and the constriction management services corresponding with constriction for Phase I. 102 M & C 2009 - 285 September 10, 2009 Page 3 The remainder of the engineering costs $20,235 ($86,470 - $66,235) are associated with Part E for Phase II of constriction. This component of the engineering work will take place in conjunction with the constriction project which is proposed in the 2010 General Fund Capital Program. Engineering fees to cover the cost of design and constriction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 14 % of the total overall project cost, which is considered appropriate for this type of project. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2009 -65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2009 -65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. The Constriction Management component of this project fee is based on an estimated constriction period. The final fee will be calculated based on the actual constriction management period. RECOMMENDATION It is recommended that the proposal of CBCL Limited for engineering design and constriction management services for the Sea Street Storm System Improvements project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 103 M & C 2009 — 287 September 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Im SUBJECT: Stormwater Management — Beach Crescent / Meadowbank Drainage Basin PURPOSE: The purpose of this report is to obtain Council's early approval for a priority project under the proposed 2010 General Fund Capital Program, and to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out a stormwater study for the Beach Crescent / Meadowbank Drainage Basin. BACKGROUND: During the intense rainfall associated with tropical storm Danny on August 29th and 30th, 2009 several homes in the Meadowbank Avenue, Kennebecasis Drive, Millidge Avenue and Beach Crescent area experienced basement flooding. A drainage basin study has been planned and needs to be undertaken to identify necessary storm system improvements. ANALYSIS: It is proposed to obtain Council's early approval for a project proposed in the 2010 General Fund Capital Program. The project will involve an assessment of the existing piped stormwater systems and strictures; smoke- testing to identify cross - connections between the sanitary and storm systems; public consultations with area residents; preparation of preliminary design and constriction cost estimates, and a prioritized list of improvements for implementation. The estimated cost of the stormwater study and associated short term local drainage improvement work is approximately $350,000 and staff recommends the direct engagement of CBCL Limited for this project as they have recently completed a similar stormwater study for the adjacent Brentwood Drainage Basin. The consultant engagement will be conducted in accordance with the process approved by Council on March 16, 2009 for the Engagement of Engineering Consultants — 2009 Capital Program (M &C 2009 -65). 104 M & C 2009 - 287 September 10, 2009 Page 2 RECOMMENDATION: It is recommended that Common Council provide early approval of the Beach Crescent /Meadowbank Drainage Basin project as outlined in this report in the amount of $350,000 as proposed under the 2010 General Fund Capital Program, and that Council authorize staff to conduct negotiations for the engagement of an engineering consultant to carry out the engineering design services for the project. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 105 .. ' 1'0 COMMON � 111111 OPEN SESSION M & C 2009 — 288 September 10, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT City Hall Accessibility 6 A City of Saiia John BACKGROUND At the August 31, 2009 meeting of Common Council, a concern was raised about the accessibility of City Hall, in particular the front entrance to the building. Staff provides this report to Council in response to the concerns raised and to offer some possible solutions to improve the situation. There are a number of access points into the City Hall building, including the front entrance, an entrance on Chipman Hill beside the Differential Response Unit (DRU), three rear doors facing the parking garage, and from the pedway system from the direction of Market Square and Brunswick Square. The front entrance to City hall is not accessible as there are from seven to nine stairs to enter the front doors — there is no ramp system. Once inside the front doors, the lobby level is accessible by an escalator and an elevator that resides inside the Bank of Montreal space (open Monday- Friday, 10am -5pm). The accessible entrance for the City Hall building, as labeled by the building owners, is by way of the Chipman Hill entrance by the DRU office. This is labeled as an accessible entrance, but lacks a push button/automatic door opener. The inside set of doors also does not have a push button/automatic door opener. The grade of Chipman Hill does not meet standards for accessible ramps and is too steep and difficult for some persons to use. The Chipman Hill entrance door is closed at 5 pm every night except Council nights, when it is open until 10 pm. A person can exit at any time once inside the building. The other accessible options for the building, and the most often utilized, are through the pedway system. The pedways offer a number of accessible options m M& C 2009-288 - 2 - September 10, 2009 by way of Market Square, Brunswick Square and the Aquatic Centre pedway. The pedways are open early in the morning and stay open into the evening hours (up to 7:00 pm and 10:00 pm, depending on location). The elevators to City Hall are locked down at 5 pm, except on Council nights. One option to improve the current accessibility situation at City Hall is to have push button / automatic door openers installed on both sets of doors on the Chipman Hill side entrance. This would bring this entrance up to standard, with the exception of the steep grade of the street. Once inside this entrance, it is a short distance to both the Council chambers and the elevators to the rest of the building. The City Hall building is not owned by the City of Saint John, therefore, any alterations to the front entrance would have to be endorsed by the building owners. Modifying the front entrance would be a significant and costly project, as the front concrete stair system would require alteration to accommodate an accessible ramp, the front doors would be installed with push buttons, and the elevator in the Bank of Montreal would have to be made available. The elevator in the bank is currently available during daytime hours of the bank, but is not available outside of the bank's business hours and on Council nights. Staff has contacted the building owner to have automatic door openers installed at the Chipman Hill side entrance as soon as possible. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Amy Poffenroth, P. Eng. Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Patrick Woods, CGA Acting City Manager 107 .. ' 1'0 COMMON � 111111 OPEN SESSION M & C 2009 — 289 September 10, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Status of development at I -I I Bridgeview Court and 14 -32 Rockingstone Drive 6 A City of Safta John BACKGROUND At the July 20, 2009 meeting of Common Council, staff was directed to report back to Council as to the status of the development at the above noted addresses, also referred to as the old "DVA" site off Lancaster Avenue. The development at this site is a group of townhouses — six units at 1 -11 Bridgeview Court and ten units at 14 -32 Rockingstone Drive. Permits were issued for the townhouses in October and November of 2008 and are valid for a period of two years. The units are in varying stages of completion. Two of the Bridgeview Court units are ready for occupancy and are for sale, whereas the rest of the Bridgeview units only have completed foundations. The Rockingstone Drive units are partially completed, with two end units having only basement walls completed. None of the units are occupied. The constriction has not been progressing in the last couple of months and there are some safety concerns with the development as it exists today. There are open foundations, exposed and protruding steel rebar, broken windows, and from time to time the units have been open to the public. The owner has been notified of these concerns on a number of occasions in writing and by verbal contact. The owner has made some efforts to improve the situation by securing doors and windows, however, the issues concerning open foundations and protruding rebar have not been resolved. The project has experienced some financing challenges, resulting in the lack of constriction progress. It is staff s understanding that the owner intends to continue with constriction once financing is in place, however it is not known when that issue may be resolved. 0 M& C 2009-289 - 2 - September 10, 2009 Due to the outstanding safety issues at the site, staff is preparing a Notice to Comply under the Unsightly Premises and Dangerous Buildings By -law to require that the owner rectify the dangerous condition by securing the site so that people do not have access to the open foundations, by removing the protruding rebar and by requiring that the buildings be kept secure at all times. The Notice will require that the work be completed in a short period of time, after which time, if the owner has not complied, the City will remedy the condition at the owner's expense. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Amy Poffenroth, P. Eng. Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Patrick Woods, CGA Acting City Manager E REPOR"I" TO COMMON COUNCIL. M & C 2009-290 September 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Proposal 2009-092203P City of Saint John Citizen Survey PURPOSE go The City, of Saint John The purpose of this report is to make a recommendation for professional services to design and conduct a citizen survey that will help the City meet its accountability goals. The City of Saint John has made a commitment to demonstrating accountability for decisions made and results achieved with respect to the services it delivers to the public. In support of this commitment, Common Council has adopted an accountability framework that will guide the City in being more accountable for service delivery. Within the accountability framework, citizen satisfaction surveys were identified as an excellent tool to obtain feedback from the public on how effective service delivery is in meeting the needs of the public. The City of Saint John is conducting a citizen survey to understand the needs and concerns of its residents and to support its desire for continuous improvement in service delivery. A request for proposals was issued seeking qualified professional firms to design and conduct a citizen survey to meet the following objectives. Assess satisfaction with the current level of City of Saint John services in support of its accountability framework and related performance measures. 0 Assess the community's needs and identify priorities that Common Council should address to improve municipal service and help the community achieve its vision of leading the nation as an example of a sustainable community. M M&C 2009-290 Proposal 2009-092203P City of Saint John Citizen Survey Page 2 Assess progress the community is making towards achieving its sustainability objectives (where appropriate). The results of this initial survey are intended to provide a baseline understanding of the current status of citizen satisfaction with City services and guide efforts to improve in the future. It is the City's intention to administer the survey annually to determine trends in the public's satisfaction with service delivery. Development of the initial survey instrument must allow the City to obtain comparable data in the future to support the trend analysis. The selected firm will be required to conduct three citizen surveys at intervals agreed upon by the City. The scope of work will be determined at the outset of each survey by the City, ensuring that adequate funds are allocated in the operating budget. The City will use survey results to demonstrate accountability for service delivery by including them in formal public performance reports and service-based budget presentations. Survey results will also help the community report on its progress towards achieving its sustainability objectives. ANALYSIS Four responses to the proposal call were received. In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee. Proposals were evaluated on the basis of quality and completeness of the submission; the consultant's experience with conducting citizen surveys; the experience of employees and/or sub - consultants in meeting the objectives defined by the City; the proposed methodology; and cost. The evaluation committee consisted of the following staff members. Andrew Beckett, Deputy City Manager, Programs & Priorities Stephanie Rackley-Roach, Manager, Corporate Planning Nancy Moar, Communications Manager On the basis of the evaluation criteria, the evaluation committee is unanimously recommending that the contract to design and conduct a citizen survey be awarded to Ipsos Reid. 1psos Reid is a nationally recognized research company with an office in Saint John. 1psos Reid has demonstrated considerable experience in designing and conducting citizen surveys, particularly for municipal government. Their proposal was well-laid out, outlining a methodology that will help the City achieve the objectives identified for this project. 1psos Reid's submission clearly demonstrates that the company understands the importance of the survey to the City and the community. U &C 2009 -290 Proposal 2009- 092203P City of saint Jahn Citizen Survey Page 3 In the submission by 1psos Reid, several options for selecting the sample size required to conduct a statistically valid survey were provided. Given that the City is looking to analyze citizen satisfaction and assess service needs across the four wards, the approach presented by Ipsos Reid ensures survey results can be compared year over year to gauge improvement in service delivery. The first survey will be conducted in the fall of 2009, with results presented to Common Council to be considered as part of the 2010 service -based budget process. FINANCIAL IMPLICATIONS The proposed cost of work outlined by Ipsos Reid to design and conduct the initial citizen survey is $39,550 including HST. Provision was made in the 2009 operating budget to carry out this work:. RECOMMENDATION It is recommended that proposal 2009- 092203P City of Saint John Citizen Survey be awarded to IRsos Reid in the amount of $39,550 (taxes included) and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Stephanie Rackley-oach, PEng. Manager, Corporate Planning 112 J. at ick Woods, CGA Acting City Manager M &C2009 -291 September 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: 2009 Water & Sewerage Utility Fund Capital Program Adjustments PURPOSE Im The purpose of this report is to obtain Council's approval for proposed adjustments to the 2009 Water & Sewerage Utility Fund Capital Program. BACKGROUND Common Council approved the 2009 Water & Sewerage Utility Fund Capital Program on January 12, 2009 (M &C 2009 -002). On August 31, 2009 (M &C 2009 -264), Council authorized the Mayor and Common Clerk to execute the Infrastructure Stimulus Fund Agreement that provides three way cost sharing for six projects under the Action Plan for Safe Clean Drinking Water totaling $23,995,000. ANALYSIS The Infrastructure Stimulus Fund Agreement requires that all eligible costs be incurred by March 31, 2011. In order to meet this timeline it is necessary to complete all design work so that tenders can be advertised to ensure constriction work starts as early as possible. Design work is currently well advanced for three of the six projects which include Pipeline Road West, Beaverbrook Avenue Watermain and Reversing Falls Bridge Transmission Mains. Consultants must be engaged for the remaining three projects (Dever Road, Phinney Hill Transmission Mains and the District Metering Program) to provide design and constriction management services. 113 M & C 2009 -291 September 10, 2009 Page 2 It is proposed to rearrange the Water Service Needs category of the 2009 Water & Sewerage Utility Fund Capital Program to allow for the timely design and tendering of remaining Stimulus Fund projects while maintaining the Utility Share of the Water & Sewerage Capital Program envelope within the original level approved by Council. The following table summarizes the proposed adjustments to the 2009 Capital Program. It is planned to group the three remaining projects under one consultant engagement. RECOMMENDATION It is recommended that Common Council approve the revisions to the 2009 Water & Sewerage Utility Fund Capital Program as outlined in this report. Respectfully submitted, M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 114 J. Patrick Woods, CGA Acting City Manager Approved Proposed Item Program Project Change Amount Amount 0 $1,463,333 A Water Service Needs Beaverbrook Funding Other Share Other Share Avenue Adjustment $2,195,000 $731,667 Utilitv Share Utilitv Share $5,700,000 $3,800,000 B Water Service Needs Pipeline Road Funding Other Share Other share West Adjustment 0 $1,900,000 Utilitv Share Utilitv Share East- Phinney 0 $233,333 C Water Service Needs Hill New Project Other Share Other Share Transmission 0 $116,667 Mains Utilitv Share Utilitv Share $1,333,000 0 D Water Service Needs Water Defer Project Other Share Other Share Treatment to 2011 $667,000 0 Utilitv Share Utilitv Share 0 0 E Water Service Needs Spruce Lake Increase Other Share Other Share Industrial Park Budget $400,000 $513,666 Utilitv Share Utilitv Share TOTALS (Utility Share only) $3,262,000 $3, 262,000 It is planned to group the three remaining projects under one consultant engagement. RECOMMENDATION It is recommended that Common Council approve the revisions to the 2009 Water & Sewerage Utility Fund Capital Program as outlined in this report. Respectfully submitted, M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 114 J. Patrick Woods, CGA Acting City Manager REPORT TO COMMON COUNCIL M & C — 2009 -292 11 September 2009 t'iC} of �iainf Jahn His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposal for Trails and Bikeway Strategic Plan BACKGROUND: Proposals closed on Thursday, July 16, 2009 for consulting services to create a comprehensive City of Saint John Trails and Bikeway Strategic Plan. The City of Saint John has a number of trails in various areas of the City. In general, there is no interconnectivity and the trails are at various stages of development. Many of these trails were developed independently and historically used to provide recreational opportunities for the community. Since the trails were designed and constricted, recreational use has evolved from traditional walking, running and cycling to include other uses such as in -line skates, skateboarding, and wheelchairs. Inadequacies in design and constriction standards regarding the current uses of the trails are becoming more apparent. Commuting by alternative transportation, such as cycling has also gained popularity and the demand for connectivity of the various trails to a cohesive network is increasing. Bikeways on streets have become alternatives to these connections and facilitate the use of bicycles as alternative forms of transportation. These linkages and increased bicycle use during peak traffic flows have implications for traffic and transportation planning and design. The Trails and Bikeway Strategic Plan will be used in planning, constricting and maintaining our trails system. This Strategic Plan will identify and discuss both the transportation trail system and the recreational trail system. Although there are interrelationships, the two in many aspects are separate and distinct from each other. The Strategic Plan document will need to address both issues and the interrelationships within the overall system. The Strategic Plan will clarify definitions and distinguish recreational trails, neighbourhood / community / regional trails and transportation linkages. 115 Page Two ANALYSIS: Four companies chose to participate in this proposal call by submitting bids. They included; Dillon Consulting Saint John, N.B. Terrain Saint John, N.B. ADI Limited Fredericton, N.B. McCormick Rankin Corporation Halifax, N. S. In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee consisting of staff representatives from the Leisure Services Departments and Materials and Fleet Management. The evaluation committed reviewed each bid on its technical aspects as they related to the standard criteria, including experience of the vendor and the methodology to be employed. Once this step was completed the financial considerations were evaluated and added to the technical review. At the end of this process the evaluation committee unanimously selected the proposal submitted by Terrain as the one that best addressed the needs of the City of Saint John. Terrain ranked high on their technical submission and even higher on cost as they submitted the lowest price. FINANCIAL IMPLICATIONS: This is a planned expenditure for which fiinds have been identified in the 2009 Capital Budget. am Page Three RECOMMENDATION: It is recommended that the proposal for consulting services to create a comprehensive City of Saint John Trails and Bikeway Strategic Plan be awarded to the Terrain in the amount of $61,627.94 HST included. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 117 REPORT TO COMMON COUNCIL M & C — 2009 -293 II September 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for HRV/Humidification System BACKGROUND: } City of sent John Included in the 2009 Capital budget was a project necessitated to meet the environmental and building code requirements for the living area of Fire Station 44 located on Courtney Ave. It had been determined that there was insufficient air circulation in this area and as a result the atmosphere was not to City of Saint John or National Building Code standards. Staff of Facilities Management advise that the installation of a new HRV — Heat Recovery Ventilation System and the required Humidifier will be adequate renovation to address the concerns raised. ANALYSIS: Bids closed on Wednesday September 2, 2009 with only one vendor opting to submit a bid. While this is not the outcome we like to see, it is understandable as in comparison to other projects this is a relatively small job for companies who are presently involved with much larger projects. Staffs of Materials Management and Facilities Management have reviewed the bid submitted by Direct Energy Business Services and have found it to be complete in every regard. am Page Two FINANCIAL IMPLICATIONS: The total cost for the supply and installation of a HRV and Humidification System in the 44 Fire Station, if awarded as recommended, will be $32,200.00 plus tax. This is a planned project and as such sufficient fiinding was included in the 2009 Capital Budget to cover this cost. RECOMMENDATION: It is recommended that the tender submitted by Direct Energy Business Services in the total amount of $32,200.00 plus tax, for the supply and installation of a new HRV — Humidification System in the 44 Fire Station, be accepted. Respectfully submitted, rdJ g-" David J. Logan Purchasing Agent Patrick Woods Acting City Manager am REPORT TO COMMON COUNCIL M & C — 2009 -294 11 September 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Front Entrance Repairs BACKGROUND: } City of sent John As a part of their ongoing maintenance and improvement plan, the Facilities Management Department has recognized that the front entrance stairs and railings of the Peter G. Murray Arena had fallen into disrepair. This project has been broken out into 2 related requirements that while contained in one tender, are to be bid separately. The first of these, specifically addresses the required repairs to the concrete steps and railing. The second part, which is to be bid but may not be awarded depending on the availability of fiends, required the removal of asphalt and the replacement of the sidewalk and associated landscape. ANALYSIS: Three companies submitted tenders for this project as follows; Bidder Part 1 Part 2 Castle Rock Constriction $50,000.00 $23,700.00 ICR General Contractors $50,100.00 $26,525.00 ICR Sales &Service Ltd $38,482.00 $11,343.00 120 Page Two ANALYSIS... Cont' d; Staffs of Materials Management and Facilities Management have reviewed the bids and advise that the lowest tender, submitted by ICR Sales and Service is complete in every regard. FINANCIAL IMPLICATIONS: Given the small difference in cost between the low bid total price and the estimated value of this work, $45,000.00, staff is recommending award of the entire project this year. The total cost to undertake both parts of the identified project, if awarded as recommended, will be $49,825.00 with the difference in cost to be made up from savings on other capital budget projects. RECOMMENDATION: It is recommended that the tender for the supply of all labour materials and equipment necessary to complete the two phases of work identified to repair the concrete stairs, railing, sidewalk and landscape at the Peter G. Murray Arena be awarded to ICR Sales and Service Ltd in the total amount of $49,825.00 plus tax. Respectfully submitted, ti. J David J. Logan Purchasing Agent Patrick Woods Acting City Manager 121 REPORT TO COMMON COUNCIL M & C — 2009 -295 II September 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Cooling System BACKGROUND: } City of sent John Staffs of the Information Technology Section and the Facilities Management Department have determined that the present method for cooling the Computer Server Room, located in City Hall, is inadequate. Temperatures in this area have to remain at a constant and low level in order for the computers to function efficiently and to prevent failure, caused by overheating, of sensitive equipment. ANALYSIS: This project was presented for inclusion in the 2009 Capital Budget and once approved an analysis of need which resulted in a tender specification was undertaken. Tenders closed on Wednesday, September 2, 2009 with 4 companies opting to respond by submitting bids. The following is a summary of the bids received; Trane Atlantic Saint John $46,886.00 Carmichael Engineering Ltd Fredericton $51,980.00 Fundy Ventilation (2006)Ltd Saint John $53,816.00 Direct Energy Business Services Dieppe $53,870.00 *Engineers Estimate $50,000.00 122 Page Two FINANCIAL IMPLICATIONS: The total cost to supply and install a new cooling system of sufficient capacity to resolve the environmental issues in the Computer Server Room located in City Hall, will be, if awarded as recommended, $46,886.00, plus tax. As indicated above, this is a planned expenditure for which fiinds have been provided in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Trane Atlantic, in the amount of $46,886.00, plus tax, for the supply and installation of a new cooling system for the Computer Server Room, City Hall, be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 123 M & C 2009 - 297 September 8, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Im The dly t,f Safitt loom, SUBJECT: Beaverbrook Avenue Storm Sewer Installation and Street Reconstruction PURPOSE The purpose of this report is to obtain Council's early approval for a high priority project under the proposed 2010 General Fund Capital Program, and to request that Common Council authorize staff to conduct the appropriate negotiations for the engagement of an engineering consultant to carry out the design and constriction management services for this project. BACKGROUND The Action Plan for Safe, Clean Drinking Water includes a project under the 2009 Utility Fund Capital Program for the design and constriction of a new 400mm watermain on Beaverbrook Avenue. This project has been approved under the Canada — New Brunswick Infrastructure Stimulus Fund Program with equal cost sharing from the three levels of government. All eligible costs under the program must be incurred by March 31, 2011. Dillon Consulting has been engaged by the City (M &C 2009 -104) to carry out design and constriction management services for the Beaverbrook Avenue drinking water project. ANALYSIS It is proposed to obtain Council's early approval for a project planned in the 2010 General Fund Capital Program; for the design, constriction and constriction management for the installation of a new storm sewer and street reconstruction on Beaverbrook Avenue between Visart Street and Pugsley Avenue. Significant constriction efficiencies will be realized by tendering these projects in conjunction with the new watermain installation. The estimated cost of the engineering design and constriction management services associated with the storm sewer and street reconstruction projects is $150,000 and staff recommend the direct engagement of Dillon Consulting Limited for this work as they are currently finalizing design of the Safe, Clean Drinking Water project. The storm sewer and street reconstruction 124 M &C 2009 -297 September 8, 2009 Page 2 components would be considered an extension of the current design and constriction management work being undertaken by Dillon. The cost for constriction of the storm sewer and street reconstruction projects is approximately $710,000 and following the completion of the detailed design by the consultant, the projects would be tendered as one large project in conjunction with the watermain installation. RECOMMENDATION It is recommended that Common Council provide early approval of the Beaverbrook Avenue Storm Sewer Installation and Street Reconstruction projects as outlined in this report in the amount of $860,000 as proposed under the 2010 General Fund Capital Program, and that Common Council authorize staff to conduct negotiations for the engagement of an engineering consultant to carry out the design and constriction management services for the project. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 125 REPORT TO COMMON COUNCIL M & C — 2009 -300 II September 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Replacement Loader for 705 BACKGROUND: While performing street sweeping operations in July vehicle 4705, a 2000 Case Model 721 C frontend loader caught fire and burned beyond repair. Initial indications are that a hydraulic line in the engine compartment ruptured and sprayed hydraulic fluid, which is a flammable substance, over the entire engine compartment. } City of sent John The City's insurers have engaged a third party firm, who are expert in analyzing these types of incidents, in order to make a definitive determination as the exact cause of this event. Vehicle 705 is an integral part of the City's street maintenance program. It is a multi functional unit which in spring and summer is employed either as a front end loader or, as was the case in July, as a street sweeper. In winter it is outfitted with a plow and wing assembly for street clearing or with a blower attachment to support snow removal operations. It is therefore critical to the City of Saint John and Municipal Operations that this vehicle be replaced as expeditiously as possible. However Purchasing staff advise that given the requirements of a public tender call and the time necessary to build a unit to the City's standard specifications, we will not reasonably be able to put a replacement machine into service in time for this winter. Given this and in accordance with the City's Procurement Policies staff considers this requirement to meet the standards for a true emergency and therefore have waived the requirement for an advertised public tender call. 126 Page Two BACKGROUND... Cont' d; Notwithstanding the recognized urgency to replace vehicle 705, staff however feel the need to comply with the requirements of the City's Procurement policies and have opted to seek competitive bids by means of invited proposal submissions. The detailed specifications of a tender call were waived in favour of seeking bids on a standardized, mid -size loader, where bidders were required to provide details of the equipment available for immediate delivery. It was staff s intention to purchase the basic loader unit that best met the City's needs and then contract another bidder to provide the "Quick Hitch Attachments" necessary to provide the required versatility. ANALYSIS: Seven vendors responded to the City's call for proposals by offering a wide variety of vehicles of various makes and models, all of which met the basic requirements of the bid. While all of the bids met the requirement for immediate availability, the prices quoted range from a low of $119,200.00 to $182,457.00. After carefiil evaluation by staffs of Materials Management, Fleet Services and Municipal Operations it was determined that the machine which best met the needs of the City of Saint John, at the lowest possible cost, was the New Holland Model W170B submitted by Bremner's Service Center. While not the lowest priced loader bid, at $129,750.00 the New Holland was second lowest, this machine comes c/w with one feature that is required and when added to any of the other machines would significantly increase the cost to the City. This feature is the Craig Quick Connect system necessary to use the various attachments. Whereas it was the staff s intentions initially to purchase the base unit and then purchase the supply and installation of the connection system separately, the New Holland is almost complete; all that remains is to purchase the lesser wing post attachment. When compared against the performance specifications used to purchase the original 4705 in 2000, the specs included with the New Holland loader meet or exceed most if not all of them. In addition to this review, the Fleet Services Manager and a Heavy Equipment Mechanic travelled to the bidder's site in order to personally inspect the unit offered and both found it to meet all expectations. It is for these reasons that staff is recommending the Bremner bid. 127 Page Three FINANCIAL IMPLICATIONS: The cost to the City of Saint John to purchase a new frontend loader of a size necessary to replace Vehicle 4705 and in time to meet the needs of the 2010 winter season, if awarded as recommended, will be $129,750.00 less the $68,000.00 insurance settlement, for a net expense of $61,750.00, plus tax. Staff has already begin the bid process necessary to purchase the remaining equipment required to meet the operational needs of the user department for this vehicle and will, as required, seek Councils approval for award. Given some earlier changes to the make up the 2009 Fleet Replacement Program, some equipment had to be postponed until 2010, and the $68,000.00 insurance settlement for the write -off of vehicle 4705, fiinds are available to cover the cost to purchase this replacement loader. RECOMMENDATION: It is recommended that Council accept the offer from Bremner's Service Centre to supply a replacement front end loader in the form of a New Holland Model W 170B c/w Craig Quick Connect System and frontend bucket, in the amount of $129,750.00 plus tax. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 128 RVFHA 6 Old Shore Road Grand Bay Westfield E5K 2X1 13 August 2009 City of Saint John PO Box 1971 Saint John, N.B. E21- 4L 1 Attention: Ivan Court and Common Council Subject: Ice Time Request Dear Sir, I am writing on behalf of the River Valley Female Hockey Association. We are an all female minor hockey association that had in excess of 100 players last season; our player age groups currently encompass ages 7 -18. Our growth in the past years has been very rapid and we are currently seeking additional ice in order to offer a quality hockey program to the young girls of Saint John and surrounding areas. We currently have 1 hour of ice within the city for our players, 55 of which are residents of the city. We foresee the potential for much more growth for the female game and our growth is only limited by our current shortage of ice. Accordingly, we are requesting 3 additional hours of ice (see copy of our application attached) to continue to foster the promotion and development of female hockey in the area. We would be very interested in meeting with you to provide a brief presentation and overview on female hockey in our region and are also requesting an appointment with you for this purpose. In the meantime, if you have any questions or would like to discuss any of the points above, please don't hesitate to contact me. I would be delighted to discuss our programs. Thank you in advance for your consideration. Regards, (source verified) Lori N. Williams 506 694 -3083 506 757 -8280 129 Your Worship Ivan Court and the Members of Common Council The City of Saint John City Hall, 8' Floor IS Market Square PO Box 1971 Saint John, NB E2L 4L I Your Worship and Common Council: This letter comes to you on behalf of L'Arche Saint John, a non-profit organization which currently operates one Special Care Home on the West side of the City, at which four adults with developmental disabilities share daily life together with three assistants who also live in the house on a full-time basis. L'Arche Saint John, the first L'Arche community in New Brunswick, also consists of a network of many friends and volunteers, people with and without disabilities, who support and participate in the life of this community. The international organization of L'Arche was founded by the Canadian jean Vanier, son of Canada's former Governor General Georges Vanier, in a small village in northern France. Today there are over 130 L'Arche communities in existence, in 36 different countries, creating homes and day programs with and for people who have disabilities. Through our pattern of shared life at L'Arche, we seek to be a sign of hope as we make a clear statement about the value of every human being, regardless of ability or disability, as a unique individual. At our home, the adults with disabilities--or Core Members— are offered a place of belonging and mutual friendship and are supported to develop their potential and to grow in maturity, while also participating in workshops and activities in the wider community of Saint John. L'Arche Saint John needs financial support because the funding supplied to us by the government today covers only one half of the actual budgeted house and community expenses. We depend upon fundraising events—the hard work of many individuals— along with generous donations in order to continue to provide a home for people with disabilities in which they may live with dignity and in friendship, know themselves Jocelyn Worster, Community Leader/ Executive Director, Office Phone & Fax: 506-672-6504 Email: larchesai hi 130 valued, and see their gifts drawn forth and appreciated; and to cover costs of the day programmes, workshops, and other experiences which enrich their lives. We would appreciate it if you would consider contributing in the amount of $30,000, in order that we may carry on this very worthwhile home. Should you have any questions or require any additional information, please do not hesitate to contact us as per the information below. Sincerely, Jocelyn Worster Executive Director L'Arche Saint John Board of Directors: Sr. Charlotte Vickers, President; Mary Fleet; Stephen Horgan; Wilma Slaney; Jim MacGillivray; Owen Boyle; Barry Roderick; Janet Leger; Heather Maughan Jocelyn Worster, Community Leader/Executive Director, Office Phone & Fax: 506-672-6504 Email: iarcliesaintKc b,Li@D_L.AiLbn, _q!lI 131 M & C — 2009 - 284 September 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Easement through Portion of PID # 00289629 and Freehold Interest in another Portion of PID # 00289629 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. Negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests required by the City of Saint John for this project. A portion of the project requires upgrading "Suicide Corner" by super- elevation of the travelled road surface and improvement of storm drainage. This will require acquisition of A) freehold land to allow for the road embankment improvement and constriction of a sidewalk, and B) an easement to allow the replacement of an existing culvert that crosses beneath the road with a larger culvert that will be put in its place. There are two separate properties that are so affected at "Suicide Corner ". One of these affected properties is PID # 00289629. Staff has successfully negotiated an agreement with Patrizia Rocca and Kevin Maloney, subject to Common Council's approval, for the purchase of the easement & freehold interest in and through portions of PID # 00289629. A copy 132 Report to Common Council September 11, 2009 Page 2 of the agreement is attached hereto, along with a copy of the sketch prepared by Terrain Group Inc.. Initially staff thought an agreement could be reached with the land owners for $2,000.00, however in the end, the land- owners would not agree to any less than $3,000.00. Real Estate Services discussed the situation with the Municipal Operations' project manager, who agreed with the price of $3,000.00, it being voluntarily agreed to by the land owners and it being considered within fair market value range for this riverfront residential property. This is the third of 9 land interest acquisitions for this project. Staff anticipates a number of other negotiated agreements with other affected land owners in the very near future. RECOMMENDATION: That The City of Saint John accept the offer of Patrizia Rocca and Kevin Maloney as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 284 & acquire the real property interests in and through portions of PID 00289629 described in the Agreement for the sum of $3,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Acting City Manager Attachments PNV P 133 Description of Plan: Westfield Road Reconstruction Project area location N PID: 00289629 Address: 1920 Westfield Road Pan: 01503700 Date: September 10, 2009 134 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser: (i) a municipal services easement in and through a portion of the Vendor's Lands PID# 00289629; and (ii) the freehold interest in a portion of the Vendor's Lands RID #00289629 as hereinafter set out upon the following terms and conditions: Vendor: PATRIZIA ROCCA and KEVIN MALONEY 1920 Westfield Road Saint John, NB E2M 6E3 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through of PID # 00289629 Comprising 21 sq. m. +/- Designated as "MUNICIPAL SERVICES EASEMENT (M.S.E.) 21m2 on a sketch No. 508053 -570 prepared by Terrain Group Inc. (hereinafter called the "Easement Lands "); and Freehold interest in a portion of PID # 00289629 Comprising 122 sq. m. +/- Designated as LAND TO BE ACQUIRED BY THE CITY OF SAINT JOHN 122m2 on a sketch No. S08053 -570 prepared by Terrain Group Inc. (hereinafter called the "Freehold Lands ") (Photo - reduced copy of said plan attached hereto) The Easement Lands and the Freehold Lands shall be hereinafter collectively 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter 1 135 called the "Real Property ". Purchase Price: $10909:4)ff+ ST applicable Deposit: $200.00 payable within 20 days of adoption of Common Council Resolution Balance: $ on Qosing K 4 /Q Closing Date: Within 90 days following adoption of Common Council Resolution. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter 1 135 Agreement of Purchase and Sale Patrizia Rocca & Kevin Maloney and The City of saint John the Easement lands with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Easement Lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Easement Lands any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re- instate any portions of the Easement Lands disturbed by work or excavation to the same or better condition existing prior to the initial installation. 2. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Freehold Lands. 3. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 4. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyances herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $300.00 for legal fees expended by the Vendor to finalize these conveyances; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. 5. The Vendor shall at its expense terminate ail leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on Closing, 6. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, 2 136 Agreement of Purchase and Sale Patrizia Rocca & Kevin Maloney and The City of Saint John any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser to complete the sale. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on October 02, 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of September, 2009. PATRIZIA ROCCA AND the Purchaser has caused these presents to be executed day of .2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 137 3 � \ & z 0 c § LLI �z� a. k mod| k ffi a D < �G § § 2 Im �� B _ } § k ) 2 § O (n � ! FKk k k N % ® |� 0 q $� , § 5k « U (. Uid| L& i Q <� O |z@ U 5; ■ a LL, �C Z \ ~ ~� \(� t � \ � aLn q %| LLJ 0' as �Z 138 M & C — 2009 - 274 September 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Easement through portion of PID # 55025423 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. Negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests required by the City of Saint John for this project. A portion of the project requires replacement of a large culvert installed in 1921 that crosses beneath the Westfield Road in the vicinity of the Saint John Marina. A significantly larger culvert will be put in its place which requires the creation of easements on two separate properties on the west side of Westfield Rd. One of these affected properties is PID # 55025423. Staff has successfully negotiated an agreement with the Peter J. Claessen Estate and Dorothy L Claessen, subject to Common Council's approval, for the purchase of the easement interest in and through a portion of PID # 55025423. A copy of the agreement is attached hereto, along with a copy of the sketch prepared by Terrain Group Inc. The negotiated price of $250.00 is a nominal amount voluntarily agreed to by the land owners. 139 Report to Common Council September 11, 2009 Page 2 This is the first of 9 land interest acquisitions for this project. Staff anticipates a number of other negotiated agreements with other affected landowners in the very near future. RECOMMENDATION: That The City of Saint John accept the offer of the Peter J. Claessen Estate and Dorothy L Claessen as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 274 & acquire the easement interest in, and through the portion of PID 55025423 described in the Agreement for the sum of $250.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Acting City Manager Attachments PNi' P 140 Description of Plan: Westfield Road Reconstruction Project area location N PID:55025423 ` Pan:01504243 i� Address: 2023 Westfield Road Date: September 08, 2009 141 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through a portion of the Vendors lands PID# 55025423 as hereinafter set out upon the following terms and conditions: Vendor: PETER J. CLAESSEN ESTATE and DOROTHY I. CLAESSEN 2023 Westfield Road Saint John, NB E2M -6C7 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through a portion of PID # 55025423 Comprising 3 square metres +/- Designated as "MUNICIPAL SERVICES EASEMENT (M.S.E.) 3m2 " on a Terrain Group Inc. sketch # 508053 -5788 (hereinafter called the "Real Property "), photo- reduced copy of said drawing attached hereto. Purchase Price: $250.00 + HST if applicable Deposit: $100.00 payable within 10 days of adoption of Common Council Resolution Balance: $150.00 on Closing Closing Date: Within 90 days of adoption of Common Council Resolution. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Real Property to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re- instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the initial installation. 1 142 Agreement of Purchase and Sale Peter 1. Claessen Estate & Dorothy I. Claessen and The City of Saint John 2. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 3. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $300.00 for legal fees expended by the Vendor to finalize this conveyance; and 4. The Purchaser will have vacant possession of the Real Property on Closing; and 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser to complete the sale. 6 This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on September _ 7 , 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 143 Agreement of Purchase and Sale Peter J. Claessen Estate & Dorothy I. Claessen and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of August, 2009. DOROTHY I.CLAESSEN PETER J. CLAUSEN ESTATE Per: �- AND the Purchaser has caused these presents to be executed this day of . 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 144 m ,m! w \ \j}(�� § § _ W 7� ±` ow « n ° °°~ <\ ® §�j§ Ii\ bore § g z m V) a. CL 3 \� ®� $ § �0 / a w o 3z, mom. _ o 2 @ ; w % � `j§ n'. � |\ E 5 \ � 0C � z COZ ( o U <{ ~ q z =! uj_•- xo_ }k® (± z C �. < « !, a � \ !| . � / � § g ' < I CL I i 146 REPORT TO COMMON COUNCIL M & C —2009 - 277 September 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Easement through portion of PID 9 00290205 BACKGROUND: "Toll City of Saint John The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. Negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests required by the City of Saint John for this project. , A portion of the project requires replacement of a large culvert installed in 1921 that crosses beneath the Westfield Road in the vicinity of the Saint John Marina. A significantly larger culvert will be put in its place which requires the creation of easements on two separate properties on the west side of Westfield Rd. One of these affected properties is PID # 00290205. Staff has successfully negotiated an agreement with the Eugene R. Clarke Estate and Eileen M. Clarke, subject to Common Council's approval, for the purchase of the easement interest in and through a portion of PID 4 00290205. A copy of the agreement is attached hereto, along with a copy of the sketch prepared by Terrain Group Inc. The negotiated price of $250.00 is a nominal amount voluntarily agreed to by the land owners. 147 Report to Common Council September 9, 2009 . Page 2 This is the second of 9 land interest acquisitions for this project. 'Staff anticipates a number of other negotiated agreements with other affected landowners in the very near future. RECOMMENDATION. That The City of Saint John accept the offer of the Eugene R. Clarke Estate and Eileen M. Clarke as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 277 & acquire the easement interest in, and through the portion of PID 00290205 described in the Agreement for the sum of $250.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. atrick Woods, C.G.A. Acting City Manager Attachments Pw /P 148 - r r • " • • - Loll]• ` • • • Address 16 Birch Hill Lane 149 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through a portion of the Vendor's lands PID# 00290205 as hereinafter set out upon the following terms and conditions: Vendor: EUGENE 0.CLARKE ESTATE arid E1LEENM. CLARKE l6 Birch Hill Lane Saint John, NB E2M — 6H3 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square 5eint]ohn,N8 E21_41_1 Attention: Common Clerk Premises: Easement lnand through o portion nfP|D#DOZ9Q2US Comprising 22 square metres +/ Designated as "MUNICIPAL SERVICES EASE&8ENT(K4.S.E.) 12rn2 " on a Terrain Group Inc. sketch # S08053-578A (hereinafter called the "Real Property"), photo-reduced copy ofsaid drawing attached hereto. Purchase Price: $258I0+HST if applicable Deposit: $1QUI0 payable within 1O days of adoption nf Common Council Resolution Balance: $15O.0OonClosing Closing Date: Within 90 days of adoption of Common Council Resolution. l The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Real Property to the same conditions as it was prior to the commencement of the work orexcavation, together with the right by action or otherwise at any time Mz enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal vvurky the Purchaser shall re-instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the initial installation. The Vendor hereby cautions the Purchaser that there is an active septic field in the vicinity of the Real Property, its exact location being uncertain. Should the Purchaser encounter 1 150 Agreement of Purchase and Sale Eugene R. Clarke Estate & Eileen M. Clarke and The City of Saint John and disturb this septic field, it will be the Purchasers obligation to re-instate it at the Purchaser's 2. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable orunwilling to remove within twenty (%O) days ofnotification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall bn returned bv the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real 3. (1) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and /D1 The Purchaser shall reimburse the Vendor up to $300.00 for legal fees expended by the Vendor to finalize this conveyance; and 4. The Purchaser will have vacant possession of the Real Property un Closing; and 5. if the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser tocomplete the sale. 6 This offer shall be irrevocable by the Vendor until 4:00p.m. local time on October [2, 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be mead with all changes of gender or number required by the context sMeU be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 151 Agreement of Purchase and Sale Eugene R. Clarke Estate & Eileen M. Clarke and The City of Saint John IN 'WITNESS WHEREOF the Vendor has caused these presents to be executed this on day of September, 2009, EUGENE RONALD CLARKE ESTATE Per: EILEEN MAY CLARKE AND the Purchaser has caused these presents to be executed this day of , 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 152 153 "vel, . . . . ....... R.EPORT TO COMMON COUNCIL September 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: North Side of Grantham Road In October 2008, improper sanitary connections to a storm sewer were discovered. Service connections from 8 of the 9 homes on the North side of Grantham Road were not properly installed to the infrastructure located in Grantham Road. ".-TV city of Saint John Options to remedy the situation have been reviewed. The best solution is the installation of a dedicated sanitary sewer main along the front of the affected properties, near the street right-of-way, on the North side of Grantham Road. This main would collect the sewage from the 8 affected homes. In order to correct this problem, Real Estate Services were requested in September 2009 to negotiate the required easements from each of the 9 affected homeowners. The new sanitary sewer main requires a 3 metre wide easement through civic numbers 7, 11, 15, 19, 23, 27, 29, 31 & 33 Grantham Road, and 31 Cambridge Drive. There is an existing but unused 2 metre wide Public Utility Easement in favour of Bell-Aliant and Saint John Energy that runs along the chosen route of the new main. Therefore, in order to minimize the intrusion to the affected homeowners, it is preferred to super-impose the required 3 metre wide Municipal Services Easement over the existing 2 metre wide Public Utility Easement, This would require the approval of both Bell-Aliant and Saint John Energy. Both companies have confirmed that their infrastructure was installed within the street right-of-way, and that they will release their interest in the Public Utility Easement in order to allow this project to move ahead. Real Estate Services have reached agreement, subject to Common Council approval, with the home owners of the following properties for the acquisition of 154 Report to Common Council September 11, 2009 Page 2 easement and also early access rights to allow this project to proceed prior to winter onset: PID## ADDRESS SQ. M. +/- PRICE 55167019 31 Cambridge Dr. 91 $1,527.00 55182034 7 Grantham Rd. 55 $1,025.00 55182026 11 Grantham Rd. 55 $1,025.00 55182018 15 Grantham Rd. 55 $1,021.00 55182000 19 Grantham Rd. 55 $1,025.00 55181994 23 Grantham Rd. 55 S1.025.00 55181978 27 Grantham Rd. 37 $764.29 55181986 29 Grantham Rd. 37 $757.00 Total $8,169.29 Copies of these agreements are attached hereto. Agreements have not yet been reached with the home owners of the following affected properties as they are currently out of country: PID# ADDRESS SQ. M. +l- ESTIMATED PRICE 55181952 31 Grantham Rd. 37 $764.00 55181960 33 Grantham Rd. 37 $764.00 RECOMMENDATI(iN: 1. That The City of Saint John accept the offers of the affected land- owners as set out in the Agreements of Purchase and Sale, and early access agreements (Agreements) attached to M &C 2009 - 302 & acquire the easement interest in, and through the portions ofPlD #s 55167019, 55182034, 55182026, 55182018, 55182000, 55181994, 55181978, and 55181986 described in the Agreements for the aggregate sum of $8,169.29 + HST if applicable, upon the terms and conditions contained in the said Agreements; and 2. That the City of Saint John do the necessary work now to correct the improper sanitary connections. Res fly'su itted, en Forrest; C1P, RPP Commissions , Planning and Development Attachments J. P ck Woods, C.G.A. Acting City Manager 155 AGREEMENT OF PURCHASE AND SALE ser agrees to purchase from the Vendor and the Vendor agrees to sell to the 3 municipal services easement in and through the Vendor's lands PID# — �- —�� as hereinafter set out upon the following terms and conditions: Vendor: _� �'' 11?� Pew Saint John, NB E2L cL35 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through of PID # S" 21 ZS <- - Comprising S square metres +/- Designated A Z on a drawing titled. (hereinafter called the "Real property "), said drawing attached hereto. C, r. Purchase Price: $ G°'_j .00 + HST if applicable Early Access Fee: $ 2S1 .00 payable within 1{ Co on Council Resolution Balance: &5 $7 -A .00 on Closing Closing Date: On or before 11A 2009. photo - reduced copy of days of adoption of 1. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. 1 uq 1 =421 62 l� 1 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 41-11 wwwsaingohn.ca I C.P. 1971 Saint John, NA. Canada E2L 41-1 �� 156 Agreement of Purchase and Sale The City of Saint John WITNESS WHEREOF the Vendor has caused these presents to be executed 4hwlis day of September, 2009. The City of Saint John AND the Purchaser has caused these presents to be executed this - day of .2009. SAINT JOHN THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: P.O. Box 1971 Saint John, NB Canada E2L 41.1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 157 I THIS AGREEMENT made this �2— day of September, 2009. BY AND BETWEEN: V�- t& hereinafter the "Owner" OF THE FIRST PART -and- THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID (the "Lands "); and AND WHEREAS th r has agreed to grant to the City an Easement for Municipal Services ( "Easement") over portion of the Lands as depicted on a sketch attached hereto and marked Schedule `B" (the `Basement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement Lands. 158 U The Purchaser agrees to purchase from the Vendor and the Vendor agr+eft to MM to the Purchaser s axmiclpsl selvlces Om mnent in and through the Vendor's lands PjtW F 2O Z6 — as herein~ set out upon the hollowing tier M and corKMImq; Vendor. % Saint John, NB Fa Purchsser. THE CITY OF SAINT jow P.C. Boat 1971 15 Market Square Saint John, NB M40 Attention: Common Cswk Premises: Easement in and through of PID S 1317:21 SOZC Z.G Connpriising rS} square mstrea +1- Desi9 « " on a drawing titled (heremdter called the IaRed Pi ertYl, photo- redLmed copy of said drawing attached hereto. Purchase Price; $ Z-C—.00 + HST if applicable Early Access Fee, 1$ 7,500 .00 payWe within 10 dada of sdopti)rw of Common Council Resolution Balance; $---Z2—r.00 ai Closing C:l"ng Date: On or before P 2009. or 1. (i) The Purchaser shah prepars at its cost any Plan of Survey required to effect the conveyance herein conlanplabed; and (ii) The Purchaser W=fl reimburse the Vendor LIP to $W-00 for legal foss expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for A adminis&ativn (inciuding apprai") fees regcired by the mortgagee (if applicable) because the Purchaser requires the Pastnorretneret; and (iv) The Purchaser stroll pay for registration & filing fees at SNB, if aappiic,oble, for the plan, and the Postponement, r[SA as t eraClWe,d tar-hjS Ole1w, fIIA-JrWA"I Orcey'- �.ti�c�S �iG�t{I�o�'rr work , 159 lr..yne•rFwdr. da.W T!r Cay GfAI&AJdw 11V� ns 88 VO4EREOF the VwKbr I coumd Omm preearws to be sverutsd ".. * "°f $epbs° " .2m. ANo the Purchaser has caused thane presents to be executed ttii _ day of 2 . TM CFfY OF aANT.I" d .I 99/I012009 09:59 1 PL"ING AND DEVELOP PAGE 02/06 THIS AGREEMENT Made this _L0 tk day of Swomber, 7009, BY AND HEMEEN: R 1? `(Cd / hcraimdw the %owme, OF 'f E IRST PART .and. Tim CITY OF SAINT JOHN, having its City Hail at 15 Mad* Square, Saint Iobn, New Brwlswtelt, a body wep=te by liayal C$artar, confirmed and amendbd by Am of the Legislative Assembly of the Province of New Brnmaw dL hadnaMa the "Civ, OF THE SECOND PART W�AS}k� GGwtq is the owner of lands duipated by Service New Brtmswick as PID ��ff (the "Lands'); and AND WIEREAS the.Apw bra agreed to grant to the City an East for Municipal Services ("EascmmVI) over a m2 portion of the Lands as depicted on a sketch attachad lt,arato and marked Sebedule "B" (the " 7sement Lands "); AND WHMAS 11m Czty of Unt Jal:a must place a sever main oa the Uscmnt Lands as soot'` m possible in order to connect an environmental problem caused by it faulty connection to the infraattatam in i m street ri& of way on Graham Road (tile 'Worts"); NOW THBREFORB, the pasties aloe as followu: 1. The City, by its ofiiccrs. savants, agents, Coutracturs and wurkors. has peruixsion flram t1.o Qwuaor to cater upon the Eawmcmt lands to do the Wmi before the. Easement is signed i d registered 2. Thn City sunup {rive the Owner 24 hours pr7ior mice before the initial entry upon the Eustmvnt Lauds. Well W, ; :t� ! 1�( AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the EGG Purchaser a municipal services easement in and through the Vendor's lands PID# ��$ ' as hereinafter set out upon the following terms and conditions: 119 j Vendor: Pr 0 WA Saint John, NB Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through of PID # Comprising square metres +1- Designated "� �� ,, _ "on a drawing titled N .1 (hereinafter called the "Real Property "), photo - reduced copy of If C$V7 sa rawing attached hereto. Purchase Price: $ .00 + HST if applicable Early Access Fee: $ ZS-o .00 payable within 10 days of adoption of Ammon Council Resolution Balance: 70 .00 on Closing Closing Date: On or before , 2009. 1. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if )-The applicable, for itnhe plan, and the Postponement. 1 V � , - surfer. LO, % -ru OLS IS v,:d8 er i m i ` .e. CO's t f f nawka rmedtA ' 1 162 Agreement of Purchase and Sale The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of September, 2009. X IT. I W IAO r AND the Purchaser has caused these presents to be executed this _ day of .2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 163 2 164 I P THIS AGREEMENT made this - D ` day of September, 2009. BY AND BETWEEN: U y L�1� �� hereinafter the Owner' , OF THE FIRST PART -and- THE CITY OF SAINT JOHN, having its City Hail at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City„ OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID (the "Lands "); and AND WHEREAS the o��s agreed to grant to the City an Easement for Municipal Services ( "Easement ") over myportion of the Lands as depicted on a sketch attached hereto and marked Schedule "B" (the "Easement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement .Lands. 165 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED In the presence of THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution.: i.. 167 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the � Purchaser a municipal services easement in and through the Vendor's lands PID# f ! 1 9 as hereinafter set out upon the following terms and conditions: Vendor: (y) adAe - Saint John, NB E2 K CB Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through of PID # '� S ~/ f Comprising W square metres +/- Designated " ° 5 " on a drawing titled (hereinafter called the "Real property' ), photo- reduced copy of said drawing attached hereto. Purchase Price: $ e Z �' .00 + HST if applicable Early Access Fee: $ Z r'. .00 payable within 10 days of adoption of Common Counci _Resolution Balance: $ S_ .00 on Closing Closing Date: On or before , 2009. 1, (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. 1 Me. Agreement of Purchase and Sale The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of September, 2009. AND the Purchaser has caused these presents to be executed this _ day of , 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 6 I j I j I j I I I i I I I I I I I I I i i i i i i i i i 23 GRANTHAM RD is ns= EASEMENT AREA 54.7 SO M GRANTHAM ROAD MUNICIPAL OPERATIONS ENGINEERING City of Saint John DWN. BY M. MORR 150N DATE Sept. 4, 2009 REV. No. 0 CHECKED BY SCALE 1:250 DATE 170 i i i i I i EASEMENT ACQUISITION DWC. No. A -5 l 9 THIS AGREEMENT made this. day of September, 2009. r BY AND BETWEEN: � ev r hereinafter the "Owner" OF THE FIRST PART -and- THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City„ OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID tnl,� 199 57 (the "Lands "); and AND WHEREAS the o s agreed to grant to the City an Easement for Municipal Services ( "Easement ") over a z portion of the Lands as depicted on a sketch attached hereto and marked Schedule "B" (the "Easement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement Lands. 171 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED In the presence of THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 172 ri I i 1 i � I P!D# 55181994 23 GRANTHAM RD 18.225 I i i I ----- -------- ---- -- ----- - - - - -- -- - - - - --- E E - ---- -- ------ -- -- - - - - -- EASEMENT AREA 54.7 SO M + /- GRANTHAM ROAD MUNICIPAL OPERATIONS & EASEMENT ACQUISITION 1 y 4 ENGINEERING City of Soint John OWN. BY M. MORR I5ON DATE Sept. 4. 2005 REV. No. 0 DWG. No. I CHECKED BY SCALE 1250 DATE I A -5 173 -a- I- "l AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through the Vendor's lands PID #j g }g as hereinafter set out upon the following terms and conditions: Vendor: ! cn4 et- ...�0i'CJDIv 5 inne-Y zzp CE)II&A 2,M Rom d Saint John, NB E2 K 14 L Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41-1 Attention: Common Clerk Premises: Easement in and through of PID # 158 (gig� Comprising 3(p, 5 square metres +/- Designated " F-4a5e eA+-Arre l" on a drawing titled (hereinafter called the "4HT Prope y "), photo-educed copy of said drawing att hed hee, Purchase Price: $ .00 + if applicable Early Access Fee: $ .00 payable withi 10 days of adoption of Common Council Resolution Balance: $ M 1 .00 on Closing• ' fi' Closing Date: On or before 7, 2009. 1. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. 1 174 Agreement of Purchase and Sale The City of Saint John IN W1TNEtS WHEREOF the Vendor has caused these presents to be executed this - 10 day of September, 2009. Wwews-: AND the Purchaser has caused these presents to be executed this _ day of 2009. THE CITY OF SAINT JOHN Mayor Common Cleric Common Council Resolution: 2 175 I I I i 777 7 7 i I I I I I i � I I 1 PID# 55181978 27 GRANTHAM RD 12.150 EASEMENT AREA GRANTHAM ROAD MUNICIPAL OPERATIONS ENGINEERING City of Saint John DWN. BY M. MORR I50N DATE Sept. 4, 2009 REV. No. 0 CHECKED SY SCALE 17250 DATE 176 \Q s i i i i i i i --------------- L------- - - - --- - -- EASEMENT ACQUISITION DWG. No. A -6 BY AND BETWEEN: BAR L, \I 4�r,2� - 7 THIS AGREEMENT made this -and- IN\ cc ASS Vi day of September, 2009. OF THE FIRST PART hereinafter the "Owner" THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal M Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the «City» OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID 5-5 /a I !I 7 g (the "Lands "); and AND WHEREAS the owner has agreed to grant to the City an Easement for Municipal Services ( "Easement) over a 36 0 portion of the Lands as depicted on a sketch attached hereto and marked Schedule "B" (the "Easement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement Lands. 177 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the day and year hereinbefore first written. / SIGNED, SEALED In the nresedc"e w THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 178 2 0 0 s i i I 1 I I I I 1 I I I I I I I I I I I I I I i [ i PID# 55181978 i 27 GRANTHAM RD i i i i I i 12.150 I I I I Ri I - ---- -- -- - - - - -- ---------------------- --- L---- -- ------ - - - - -- EASEMENT AREA 36.5 SO M +/- GRANTHAM ROAD MUNICIPAL OPERATIONS ENGINEERING City of Soint John OWN. BY M. MORR 150N DATE Sept. 4, 2009 REV. No. 0 CHECKED BY SCALE 1.250 DATE 179 EASEMENT ACQUISITION DWG. No. A -6 1. , _z q%. AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the��,� 1�� Purchaser a municipal services easement in and through the Vendor's lands PID #_ as hereinafter set out upon the following terms and conditions: Vendor: </) &t Saint John, NB E2 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Easement in and through of PID # J Comprising_ square metres +!- Designated " _.. r 7 _ ",on a drawing titled (hereinafter called the `Meal Property "), photo - reduced copy of said drawing attached hereto. G Purchase Price: $ % 5�7 G .Qd+ HST if applicable Early Access Fee: $ Z E-C' L payable within 10 days of adoption of Common Council Resolution Balance: $ G ' c 0`on Closing Closing Date: On or before t 2009. 1. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. (V/ _Thc 1 ?1krAajffs1h J 4he jr( lit[ I -arc, m �u�re�lln5 46 -�'rc�,velled rtsA1 i 1 J l- �6 Con d t� Sar�'� an 62.it - n �-t& pr tai <fe js - ekcat.va irl wcr k� 1 ISI Agreement of Purchase and Sale The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of September, 2009. AND the Purchaser has caused these presents to be executed this _ day of 2009. l i L* g i f K 91 ARI,1 I:` r L• I: fill I Mayor Common Clerk Common Council Resolution: i". E L-V '6N 'OMO NoijuSIllow iLmm asVEI 31VO OSZlL :]Wd ,s Aa 03MOlHO 0 'ON 'A38 60OZ 't -ld-S 31VO NO) I JNOrv'w A8 'NMO u140p IUPS 40 4110 Ji�IRI�fII�i�i� SMOr"aao �YMDIM M qp GVOU VIVH-LNVHJ ------- - - - - -- ------------------------ i i --------------------:---------------------------------- I 054�Z4 � I I f I [ f I [ 1 I I i I ! i I i i I i I I i I I i I I i I i CIU V4VH-LNV-8Z) 6Z 99668199 #Old � I i y i i i r I I k 2 O� a ti 182 THIS AGREEMENT made this day of September, 2009, BY AND BETWEEN: IrOUrI-12 6ww4reinafter the "Owner" OF THE F ST PART -and- THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID S a- 19(5 6 (the "Lands "); and AND WHEREAS the owner has agreed to grant to the City an Easement for Municipal Services ( "Easement") over a 36 mZ portion of the Lands as depicted on a sketch attached hereto and marked Schedule "B" (the "Easement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement Lands. 183 r IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED In the presence of 111011 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 184 il \moo --- -- - - - - -- --- - - - - -- 2 i j i ti 1 I j I I j I I i I I j I j k I j I I I PID# 55181986 I I i 29 GRANTHAM RD j I I ---------------------------------r---_----'°-------------------- I o I $ V) - -- ---- ------ -- - -- --- - ---- -- -- -- -- - -- - -- I I 12.150 EASEMENT AREA 36.5 SO M +/- GRANTHAM ROAD ®. MUNICIPAL OPERATIONS ® & ENGINEERING City of Saint John OWN. BY M.WM60N DATE Sept. 4, 2009 REV. No. 0 CHECKED BY SCALE 1:250 DATE 185 ------ -- -- -- -------a EASEMENT ACQUISITION DWG. No. A -7 AGREEMENT OF PURCHASE AND SALE *haser agrees to purchase from the Vendor and the Vendor agrees to sell to the The F �§gr a municipal services easement in and through the Vendor's lands PID# as hereinafter set out upon the following terms and conditions: Vendor: S ,�Pr�F.c� Gi�f7i�s�� f j Saint John, NB E2,& ase- Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41-1 Attention: Common Clerk Premises: Easement in and through of PID # 6'5'/ ra D IF Comprising SS square metres +l- Designated "asrr.,niz` dc-V!, " on a drawing titled 143 . (hereinafter called the "Real Property "), photo- reduced copy of said drawing attached hereto. Purchase Price: $271. "' .00 + HST if applicable Early Access Fee: $ aso. — .00 payable within 10 days of adoption of Common Council Resolution Balance: $ 77/.`'T' .00 on Closing Closing Date: On or before A* , 2009. 1. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. ZGr/h drl W- P"r /%? c.Fr�a! �- w4 yPd 6Y 7X 1,S SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 186 Agreement of Purchase and Sale The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this—// day of September, 2009. AND the Purchaser has caused these presents to be executed this _ day of , 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 187 g 0 ri 1 A 77R GRANTHAM ROAD MUNICIPAL OPERATIONS & EASEMENT ACQUISITION ENGINEERING City of Saint John DDWN. BY M. MORR 150N I DATE Sept. 4, 2009 I REV. No. 0 I DWG. No. CHECKED BY I SCALE 1 :250 DATE I A-3 I:: i i i g 0 ri 1 A 77R GRANTHAM ROAD MUNICIPAL OPERATIONS & EASEMENT ACQUISITION ENGINEERING City of Saint John DDWN. BY M. MORR 150N I DATE Sept. 4, 2009 I REV. No. 0 I DWG. No. CHECKED BY I SCALE 1 :250 DATE I A-3 I:: THIS AGREEMENT made this // '0 day of September, 2009. BY AND BETWEEN: �O� hereinafter the "Owner" OF THE FIRST PART -and- THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE SECOND PART WHEREAS tjie Owner is the owner of lands designated by Service New Brunswick as PID (the "Lands "); and AND WHEREAS the owner has agreed to grant to the City an Easement for Municipal Services ( "Easement ") over a .3 �2rtioonC- of the Lands as depicted on a sketch attached hereto and marked Schedule "B" (the "Easement Lands "); AND WHEREAS The City of Saint John must place a sewer main on the Easement Lands as soon as possible in order to correct an environmental problem caused by a faulty connection to the infrastructure in the street right of way on Grantham Road (the "Work "); NOW THEREFORE, the parties agree as follows: 1. The City, by its officers, servants, agents, contractors and workers, has permission from the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered. . 2. The City shall give the Owner 24 hours prior notice before the initial entry upon the Easement Lands. e IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed on the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED In the presence of �V 6 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: ,we, I I � I � 18.226 __- .- _- ____..___ -- -_ _ --------------- - - - - -- - - EASEMENT AREA 54.7 SO M +/- GRANTHAM ROAD MUNICIPAL OPERATIONS & ENGINEERING City of Saint John DWN. BY M. MORR 190N I DATE Sept. 4009 REV. No. , 2 0 I CHECKED BY I SCALE 1 :250 I DATE in EASEMENT ACQUISITION DWG. No, A -3 I I I I I I I I i I I I I I I I � I � 18.226 __- .- _- ____..___ -- -_ _ --------------- - - - - -- - - EASEMENT AREA 54.7 SO M +/- GRANTHAM ROAD MUNICIPAL OPERATIONS & ENGINEERING City of Saint John DWN. BY M. MORR 190N I DATE Sept. 4009 REV. No. , 2 0 I CHECKED BY I SCALE 1 :250 I DATE in EASEMENT ACQUISITION DWG. No, A -3 09/11/2009 08:43 1 PLANNING AND DEVELOP PAGE 04/06 THIS AGREEMENT made this t�<� day of September, 2409. BY AND BETWEEN: EV L. G h 6 Le c , hereinafter the-owner" OF THE FIRST PART -attd- THE CITY OF SAINT JOHN, having its City Hall. at 15 Market Square, Saint Jobtt, New Brunswick, a body corporate by Royal Charter, cottf rmed'and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE SECOND PART WHEREAS the Owner is the owner of lands designated by Service New Brunswick as PID CS -5 1 � (the - T- mds'j, and AND WHEREAS the o s agreed to grant to the City an Easement for Mwnieipal Services ( "Easement ") over a portion of the Lands as depicted on a sketch attached hereto and marked Schedule 93" (lbe "Easement Lands'% AND WHEREAS The City of Saint Jahn must place a sewer main on the Easement Lands as soon as possible in order to rotted an eavironmental problem caused by a faulty connection to the iaftastructure in the street right of way on Grantham Road (the "Work"); NOW•THEREFORE, the parties agree as follows: L The City, by its officers, servants, agents, contractors and worl=s, has permission ftom the Owner to enter upon the Easement Lands to do the Work before the Easement is signed and registered, 2. The City shall give the Owner 24 hours prior notice before the ini tial entry upon the T:aseanent . Lands. 192 09/11/2009 09 :43 1 PLANNING AND DEVELOP PAGE 05/06 IN WITNESS WHEREOF the parties hereto have caused these presents to be duty executed on the day artd year ho vinbefiore first written. SIGNED, SEALJ!�& DELIVERED In the ores ' -w THE MY OF SAINT JOHN mayor Common Clerk Common Cowell Resolution: 193 WJ111 / 2009 08:43 PLANNING AND DEVELOP PAGE 62/06 1 I GREEME T O PURCHASE A D LE t The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sLil to the Purchaser a municipal services easement In and. through the Vendors lands PIb# -(7:;C)`C� as hereinafter set out upon the following terms and conditions; Vendor: Saint John, NB E2 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB EZL W Attention: Common Clerk Premises: Easement in and through of PID Comprising 9 d • & square metres +I- Designated " �ft'tApehpn a drawing titled (hereinafter called the "Real Property "), photo - reduced' py of said drawing attached hereto. Purchase Price: 1 .o0 + HST if applicable .0o payable within 10 days of adoption of Early Access Fee: $ 4 Common Council Resolution Balance: $ ' .00 on Closing Closing Date: On or before 92009, i !. (1) The Purchaser shall prepare at its cost any Plan of survey �equired to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the this conveyance; 0.0 foi• legal fees expended by the Vendor to finalize and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgages (if applicable) because the Purchaser requires the Postponement; and iv The Purchaser shall pay for registration & filing fees ; at SNB, if applicable, for the plan, and the Postponement. (v} The Purchaser shall preform preconstruction survey ok the Vendor's foundation and interior dwelling walls prior to any Construction on said lands. 4 1 194 tly/11.1ZUUEJ U8:4:3 1 PLANNING AND DEVELOP PAGE 63/05 Agreement of Purchase and Sale The City of Saint John IN WITN )ESS WHEREOF the Vendor has caused these presents to be executed this - �Y . day of September, 2009. AND the purchaser has caused these presents to be executed this _ day of 2009, THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 195 key/ 11/ V-UT6'J bii: 4:i 0 m c m 3 .J .t 1 y } 4 �y k 4 4 i PLANNING AND DEVELOP PAGE 06/06 y t 0 i i I I f t I I i 1 i I I a0.29D j { N d C3 3a.oai EASEMENT AREA 90.8 SO M MUMCIPAL OPERMONS ENCMEERIr4 City of Sant ,John OWN. BY M. WR I SON DATE; Sept. 4, 2009 REV_ Nn. 0 CM£CKED BY SCALE 11250 OATB ime GRANTHAM ROAD EASENTENT ACQLTISMON DWG, No. A -10 September 1, 2009 Dear Mayor Court and Common Council Re: Sophia Recovery Centre Sophia Recovery Centre (SRC), a non-residential facility opened in February 2008, serves female youth and women in the greater Saint John area who are seeking recovery from addiction. The Sophia Recovery Centre is the first of its kind in New Brunswick. It was created specifically to compliment, not duplicate, local addiction services, and offers programs recognized internationally as demonstrating success with a female population. A range of programs are offered based on 12 step facilitation that include education, group work, individual therapy by certified addiction counsellors, and peer counselling and mentoring by volunteers — local women seasoned in their recovery. SRC is also unique in that it addresses two priority needs of women in recovery: gender- specific programming, and on-going support. There are no sources of on-going abstinence-based addiction services for women in New Brunswick. SRC accepts self-referrals as well as referred women transitioning back into the community from residential addiction treatment programs or incarceration. There is no waiting list, and all programs and services are free of charge. During our first 18 months of operation, with minimal program promotion, we have had 105 women make 978 visits, and received hundreds of emails and telephone calls. Our clients range in age from teens to seniors, and represent all socio-economic levels. It is estimated that the Greater Saint John Area has over 6000 women suffering from alcohol and drug addiction. 197 Our initial two years (2008, 2009) have been generously funded by the Sisters of Charity, and we are now seeking financial assistance for 2010 and onward. We envision and are seeking multiple-source funding that includes governments, private sectors, corporate sponsorships, foundation grants, and special interest groups (e.g. women). Your review of our request for support and funding would be greatly appreciated. We would be very pleased to make a presentation to your mayoral group or municipal councils, or to host a visit to Sophia Recovery Centre, Sincerely, Arleen Brawley, Executive Director im ..... . . ....... — . . ....... .. REPORT TO COMMON COUNCIL M & C 2009 - 4 September Ili, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: The City of Saint John SUBJECT.- School District 8 Request — Centennial School Playground BACKGROUND Common Council received a letter dated July 10, 2009 from School District 8 (attached) seeking permission to install a playground on City property adjacent to Centennial School. Funds were raised by the Centennial School playground committee to purchase new equipment which will be used by Centennial School students and the surrounding community. The equipment was purchased by School District 8 and is ready to be installed with Common Council's approval. ANALYSIS The request by the School District 8 differs from the community development projects in that the City's Leisure Services Department and School District 8 have partnered on in the past. The City normally assists with the development of playground projects through the Land for Public Purposes (LPP) fund whereby School District 8 grants permission for community groups to install playground equipment on school property. In this case, School District 8 wishes to install a playground along the first base line of the Jack Kyle baseball field, which is located behind Centennial School.. The Jack Kyle field is located on City and School District 8 lands. Years ago, this field development was made possible through School District 8 granting of permission to the City to build this baseball field partially on School District 8 property. Since this playground will be on City property, the City may incur potential liability that could arise in the event of injury by users of the playground. Leisure Services staff have assessed the proposed site with the City's Insurance and Claims Officer and a safety net will be installed along the first base line to reduce the likelihood of baseballs entering the playground area. The purpose of the safety net is to mitigate potential liability issues and concerns. School District 8 agrees to be responsible for safety inspections and on-going maintenance of the new playground. FINANCIAL IMPLICATIONS There will be no financial cost to the City regarding this project. School District 8 purchased the playground equipment at a cost of $60,000 and indicated in its letter to Common Council that School District 8 would accept responsibility for installing the playground equipment, and purchasing and installing the required safety net. RECOMMENDATIONS It is recommended that Council: 1. Permission be given to School District 8 to install the Centennial School playground on City property as outlined in this report on condition that the Superintendent of School District 8 advise in writing that the general public will also be permitted to use the Centennial School playground; and 2. That such permission is also conditional on the equipment and installation being CSA approved and that correspondence from the equipment supplier be provided to confirm this; and 3. That the Superintendent of School District 8 advise the City in writing that all safety inspections and . on-going maintenance of this new playground will be the responsibility of School District 8. Respectfully submitted, Bernie Morrison Commission of Leisure Services Pa ick Woods Acting City Manager 200 JUIYIO, 2009 Mayor Court and Members of Council City of Saint John P. C. Box 1971 Saint John, N. B., E-2L 4L I Dear Sirs: School bistrict 8 - b1strict Education Council 490 Woodward Avenue - Saint John, NO, E2K 5N3 Tel 506,658.5300 • Fox 506,658,5399 • www,diStrict8.nbed,nb,ca I am writing on behalf of Centennial School. Funds were raised over the past few years to purchase a new playground for the children of Centennial School and surrounding community. Happily, these efforts have resulted in the purchase of a new $60,000 playground that we would like to have installed prior to the students coming back in September. As you know, Centennial School borders on City of Saint John property. As a matter of fact, the Jack Kyle baseball field sits partially on city property and partially on school district property. The property in and around the school is quite rugged and does not lend itself easily to the installation of the playground equipment.. The primary location for the installation of the playground equipment as indicated by the staff and students of centennial School would be along the first base line of the baseball field, There is ample space without disrupting the ball field and it is in close proximity to the back door of the school which would allow for easy access and supervision. If installed there, a safety net would be required to prevent foul balls from the ball field entering the area of play for the playground. This would be installed at the school district's expense. Therefore, by copy of this letter, we are seeking permission to have this pla installed on city property. If granted, the school district would bear all expc to the installation of the playground and the safety netting. As this will be a expense, any contribution by the City of Saint John would be greatly appNl event, the playground would be open for the recreational use and enjpy ","-in r general public. An aerial photo indicating the property lines and the requested are included for your convenience. 65 201 M 2/ Mayor Court, and Members of Council City of Saint John July_LO...2009 Thank you in advance for your consideration on this matter, If you have any questions, Please feel free to contact me at anytime. Christopher A, Toole Director Finance and Administrative Services =I Copies: Ms, Tina Estabrooks — Principal, Centennial School Mr. Bernie Morrison — Director, Leisure Services — City of Saint John 66 202 e w _ w A ' ` CD : �. _ . � la . m ` 13 « 4. VZ . to �� . . � � �\ � t� �: � } \�� °.� � � �` : \ ~ �. \ �� ■ 203 Application for a Zoning By -law Amendment Demande de modification A Parretti sur le zonage Applicant Related Information / Renseignementss sur le demandeur Name of Applicant / Nom du demandeur �rc�s S�YhLLZL�72? /L777 i. Mailing Address of applicant / Addm= postale du demandeur 7 C -1 5 J ✓t{ 5A-7A17— J.` ## K/ �Vi zg , Posta! Code / Code postal Telephone Number / Numiro de tkidphone Home / Domicile 2l,1 I q-?' Work / Travail J� 7L c, Fax Number / Numdro de tdlEcopicur IY� Name of Property Owner (if different) / Nom du pMnd aire (si diffamit) Address / Adresse k0 AD Postal Code / Code postal Property Information / Renseignements sur In proprifti Location I Emptwement 7 y 6 y (-T #CV S� /\Ci : !,j-V Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd O f"-k ,' G t/ Municipal Plan land Use Designation Ddsignation de utilization des teases sur le plan municipal Amendment Requested / Modification demandbe Present Zoning / Zonage actuel It? F- Change Zoning to / Modification du nonage A l^ G and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (mdiquez les details) 204 Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal, You may also provide photographs, building plan.% elevation drawings and any other form of informatiom The plan must show the dimensions of the property, the location of dl buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site 41'6chelle illustrant voire Proposition. Youspow eez bgalement fournir des photographies, des plans de bdtiment des desmns de plan d'blbvation et toute autre forme de renseignement Le plan MY indiquer les dimensions de la proprigM, 1'emplacement de la totalitb des bdtiments, des allbes, des sires de stationnement des am6nagements paysagers et des panneaux de signalisatio t R est important Xindiquer la distance entre les limites de la propribtb et les bdaments. Provide reasons why these amendments should be approved. / Foumir tout autre renseignement concernant votre proposition qu i pourrail iane approtrv6es. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition quti pourrait ?alts mile. Will +i tom' i %FF /t ';I� Signahire of Applicant / Signature du demandeur j D Date SW Application Fee Enclosed / Ci joint les hais de demands de 400 $ If you are not the owner of the lmrd in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Si vows WOW pas le propri6taire du terrain en question, veuillez obienir la signature da propriktaire dons la parde ci- dessous La signature du propnitatre autorisont le traitement de la pr6ente demande pour que cette derniire soil examinbe par le consell communal. Signature of Owner (if applicable) Signature due propMai a (s'il y a lieu) Date: ;2 % C+ `% 205 7v C.AU&T 96AD ---W VDAF -��Jlo 71Z W lr� 2—to CZ), LW s2o.4clli "&.How 9.1W $;pe fWURE to -5.9 MOM 19. 7,- -now tif FlAOZKv,4r. AVAILAOLr- koe 30 e-AAS, c4m "t 's 206 Executive Summary Hamilton Day Care aims to prepare its children to excel as they grow into young men and women of tomorrow by combining a University of New Brunswick approved child lead curriculum tailored specifically for pre - school children in combination with an enhanced, first class child care service. Unlike our competitors, we offer extremely hands on and creative based programs aimed to challenge the children's individual growth and learning experiences, activities such as arts and crafts, dramatic play, simple cooking exercises which foster life skills, chemistry , and mathematics, nature studies, and exercises in their own responsibilities, all in one location. Hamilton Day Care is a privately held business run by its owner, Heather Hamilton. Mrs. Hamilton has 25 years experience in Graphic design, marketing and advertising. She also has been actively running a small private daycare out of her home for the past 7 years, and she and current educators have just recently completed at UNB — Fredericton the NB curriculum framework for early learning and childcare. This background is the driving force behind their artistic component and educational excellence. She will be supported in daily operations by a New Brunswick Child daycare services coordinator, an UNB field worker, and a maximum of nine educators, all with extensive experience in child care fields. With inflation continuing to rise each year, the typical Canadian family now requires dual or supplemental incomes. This trend has created a need for quality child care services. With demographic growth of 0.07 %, New Brunswick dominated the region in the fourth quarter of 2008. The province's growth can be explained by a dual increase in both its net interprovincial and international migrations. Total migration net inflows in New Brunswick reached 500, a level not observed in a fourth quarter since 1975. This positive growth in conjunction with well documented and publicized need in local Saint John for licensed daycare facilities is the basis for our anticipated expanding market potential for this industry in our local area. Price, service, certification and reputation are critical success factors in the child care services industry. Hamilton Day Care will compete well in our market of offering competitive prices, high - quality child care services, and leading -edge educational programs with qualified educators, and by an excellent reputation with parents and community we serve. Our target customers are dual- income, middle -class families who value the quality of education and child care we provide for their children, ages 3 months to 12 years. We will open for business at the new location on June 1, 2009, starting with an initial enrolment of 25 children (consisting of 15 full time and 10 part time). We project healthy revenues by the end of the first year, and expect to reach our facility enrolment maximum of 50 children by the end of 2010. Our biggest operating expenses will be compensation at industry standard rates for our highly - qualified educators, and mortgage /taxes on our facilities, improved for our purposes during the start-up period. Any growth will be planned conservatively, and would be financed from existing cash flow. We anticipate a net profit beginning in our first year. To these ends, we are putting significant investment in the business, and are seeking a commercial mortgage in the amount of $268,000 for the same. 207 Mission "Hamilton daycare recognizes that children are miracles. Believing that every child is a miracle has transformed the way we design for your child's care. When we invite your miracle into our lives, we prepare ourselves and the environment around us for a life changing experience. We make it our job to create with reverence and gratitude a space that is worthy of your miracle." Hamilton daycare has a strong commitment to accessibility and diversity. We practice an open door policy that embraces all who desire to provide a better quality of care, preparedness and pre - school education for their children. The daycare works to provide affordable, first -class care giving and pre - school education by providing a broad range of integrated programs and services with innovative and creative learning approaches. We are committed to taking a leadership role in the provision of child care services, higher leaming, community services and promoting cultural diversity. 1.1 Objectives Reach maximum space capacity by the end of Fiscal 2010. Achieve positive gross margin by the end of Fiscal 2009. To be recognized as a leader in child care facilities To become a pilot facility by the Province of NB for upcoming improvements and programs To work in partnership with school district 8 on providing any required before and after school programs. 1.2 Keys to Success The keys to success for Hamilton daycare are: Marketing: differentiating Hamilton daycare's care giving and innovative educational services from that offered by traditional daycare. Service quality: outstanding care giving and innovative pre - school education programs provided by a combination of qualified and certified educators, child care workers, in a first class daycare environment. Reputation: maintaining a highly regarded reputation for excellence in care giving, education and community involvement and being the employer of choice in our market for child care and educational talent. Profitability: controlling costs and managing budgets in accordance with company goals, adhering to strategic business plans for growth and expansion and reinvesting in the business and its employees. Company Summary Hamilton Daycare will be located at 70 Gault Road in Saint John, NB. The daycare will employ at start up four qualified educators, with expansion to nine at maximum capacity. These educators will serve as the driving force for the services offered: 208 Superior Care Giving Services Child lead curriculum tailored specifically for pre - school children Creative based programs aimed to challenge the children's individual growth and learning experiences The Gault Road location is a government constructed 4,000 square foot facility in West Saint John. The facility meets all requirements specified by New Brunswick daycare standards. 2.1 Start -up Summary The daycare founder and owner, Mrs. Hamilton, will oversee fiscal responsibility, employing an independent CA for financial oversight. Mrs. Hamilton will oversee the day -to -day operations of the facility and will work collaboratively with the other qualified educators to ensure a successful business venture. The start-up costs are estimated at $3000 and will be will be financed solely by the owners' personal cash funds. An anticipated $268,000 commercial business mortgage amortized over a 15 -year period, paid on a weekly. 2.2 Company Locations and Facilities Hamilton daycare will be a 4,000 square foot facility in West Saint John, NB, located between Monte Cristo and West Gate subdivisions, and just off the exit to highway #7 with convenient access to parents from the Grand Bay - Westfield area. This facility will provide numerous age - appropriate, play spaces for arts and crafts, dramatic play, music, quiet time, sensory exploration, manipulatives and blocks, infant care spaces, and designated dining area. The outside play area will be adjacent to the building and will be securely fenced and furnished with appropriate playground equipment and facilities. 2.3 Company Ownership Hamilton daycare is a privately -held proprietorship by its founder and owner, Heather Hamilton, There is also one silent partner, that will be an active participant in daily operations, management decisions and consulting, though does not own a financial stake in the company. Services Hamilton daycare offers quality child care services and a University of New Brunswick approved child lead curriculum tailored specifically for pre - school children. This daycare also provides operating hours of 6:00am to 6:00pm, Monday through Friday - with observance of all major legal holidays. Hamilton daycare exists to provide quality child care services that are aimed at enhancing traditional day care methodologies and integrating extracurricular interests (such as arts and crafts, dramatic play, sensory exploration, nature studies and multi - cultural awareness) into one comprehensive program. Our developmental programs reinforce basic social, listening, independence and motor skills and prepare children for future related interaction. 209 3.1 Service Description Upon its opening, Hamilton daycare will offer three basic services in the West Saint John area: Full -time Child Day Care Pre - school programs Part-time/ Future After School Care There is currently a waiting list for enrolment to these programs extending into 2010. Based on the market reaction to the facility these services may be altered to meet the needs of the community. 3.2 Competitive Comparison The child care industry in New Brunswick as a whole is saturated. However, based on information documented by daycare services NB and local newspapers, there is currently a growing need for an estimated 3000 child spaces and currently few licensed child care facilities to accommodate this need. Hamilton daycare intends to fill some of this local market need. This facility will be located in a densely populated and continually expanding area of Saint John .The subdivisions of Monte Cristo and Westgate Park have 65 and 120 single family homes respectively, and the population of Grand Bay — Westfield is 4500 plus. There are four other licensed child care facilities on the west side of the city, all of which are hosting waiting lists. One is in the immediate area, a church based facility, and the others are more than 7 kilometres away. Hamilton daycare will differentiate itself from its local competitors by offering an alternative to these traditional day care approaches. The Hamilton daycare market strategy is based on providing an activity based learning environment. We will offer a community educators with the credentials to enhance a child's early social and motor skills. 3.3 Facility /Sales Literature A copy of the Hamilton daycare parental information brochure is attached in an appendix at the end of this document. 3.4 Fulfillment The key fulfillment and delivery of services will be provided by the owner/ director, qualified educators and staff workers. The real core value is the professional strength and industry expertise of the founder and silent partner, staff experience and certifications, education and hard work. Market Strategy 4.1 Target Market Segment Strategy The target market for Hamilton daycare is full -time working parents. Referral marketing, existing waiting lists, visible community activities and on line message boards, in conjunction with facility and vehicle signage will be the primary types of marketing strategies 210 utilized. Maintaining and enhancing its reputation with families and in the community will be crucial in obtaining the planned market share growth of this target market. 4.2 Market Needs With inflation continuing to rise each year, the typical Canadian family now requires dual or supplemental incomes. This trend has created a need for quality child care services. We do not see this model changing in the foreseeable future. In fact, based on the growth in the west Saint John and Grand Bay - Westfield areas we have seen this need increase in recently years. 4.3 Market Trends Currently there are more private home caregivers than licensed child care facilities. However, this business model can't keep up with the needs of the growing child care industry and the desire of parents for educational and quality facilities. In addition to this the private home care giver paradigm, space is limited. 4.4 Service Business Analysis Hamilton day Care is in the child care services industry, which includes several models: Licensed Child Care Facilities: Business facilities that offer child daycare services. Family Child Care Homes: Individuals that offer child daycare services in their homes. Church Child Care Facilities: Religious organizations that offer child daycare services in their communities. 4.5 Competition and Buying Patterns Price, service, certification and reputation are critical success factors in the child care services industry. Hamilton daycare will compete well in our market by offering competitive prices, high - quality child care services, innovative educational programs with qualified educators, and by maintaining an excellent reputation with parents and the community in which we serve. 4.6 Main Competitors YMCA: Strengths% Already established in market. Weaknesses: Do not accommodate for children under the age of 24 months, must also be toilet trained. Kittle angles Daycare: Strengths: Already established in area Weaknesses — older area of West Saint John, no room for expansion Imagination Station: Strengths- Established in market due to first location already in existance by owner Weaknesses- Close proximity to other daycare facility West Side co -op Strengths: small based, low enrollment, pre - school program Weaknesses: Located in local church, only operating 3 mornings per week 211 4.7 Business Participants While these centers are within the 10- kilometre radius target area, none are inside a 5 -mile radius. All of these facilities are licensed Strategy and Implementation Summary Hamilton daycare will focus on the current need in the West Saint John and Grand Bay – Westfield areas.The target customers are dual income, middle -class families who value the quality of education and child care provided for their children ages 3 months to 12 years. 5.1 Value Proposition Hamilton daycare's value proposition is clear and easily distinguished from others in the market. We offer a unique approach to quality child care services, with a qualified curriculum and the activities offered, experience and educational of the educators and our commitment to our children, their families and our community. 5.2 Competitive Edge We will strive to achieve a critical competitive edge: although there are other competitors in our market, we have a s unique approach. We have a resource with over 25 years of graphic design, marketing and advertising, which gives the basis for our learning concepts, in addition to 7 years of child care expertise. Our positioning on these points is strong and hard to match. We are aware that there is a tendency to dilute expertise with bargain shopping and this could weaken the importance of our intended competitive edge, but we must continue to strive and bolster our value proposition. 5.3 Marketing Strategy Marketing in the child care industry depends largely on reputation and referral. At Hamilton daycare that reputation will start within our community and the families we currently have the pleasure of serving. 5.3.1 Promotion Strategy We will depend on client referrals, community exposure and on line message boards as our main way to reach new clients. As we change strategies, however, we need to change the way we promote ourselves: metre radius target area, none are inside a 5 -mile radius. All of these facilities are licensed 1. Advertising— With the owner having extensive advertising background effective and original methods will be used when the need arises along with effective on site signage and newspaper advertising. A grand opening extravaganza will place us visably into the communities around us. 2. Parent Handbook- -will be available to all parents and perspective parents. Positioning Statement For families who value the importance of quality child care services, Hamilton Daycare offers a 212 great alternative to the traditional child care currently offered with our innovative approach to learning. Pricing Strategy Hamilton Daycare must charge appropriately for the high level of quality care and innovative approach to learning that is offered. Our revenue structure has to support our cost structure, so the salaries we pay for the qualified educators must also be balanced by the revenue we charge. We will be price competitive in the market we serve; however we will not subscribe to the "low price leader" concept. The quality of our service will be supported by the prices we charge. Sales Strategy Hamilton Daycare will be a one stop shop for quality child care services, with our innovative learning approaches and child care. Will be active in community activities when possible, will build a solid reputation with parents and perspective parents in our community. By succeeding in these areas we expect to see an operational net profit by the end of fiscal year 2009, and reach our maximum enrolment capacity by the end of fiscal year 2010. 5.4.1 Sales Forecast Attached is a detailed spreadsheet outlining the cash flow expectations Management Summary The opening management team of Hamilton Daycare will consist of the owner, a silent partner and qualified educators. As the daycare continues to grow more qualified educators will be brought on to cover the growing needs. Projected Cash Flow Appendix Statcan.gc.ca 213 Jul 08 09 01:06p p.2 ' Page 1 of 1 Dave O'Brien From. Phil Prosser [pprosser@nbnet.nb.cal Sent: July -05 -09 4:37 PM To: daveo @nbnetnb.ca Subject: Authorization letter for re-zoning Victko-Ulry Assem-bly 70 Gault Road, Saint John, New Brunswick E2y1 5H2 To whom it may concern, Please accept this as a letter of authorization for Brian and/or Heather Hamilton to request a re- zoning for property PM # 423665 located at 70 Gault Rd. Sincerely Phil Prosser Victory Assembly Inc 05/07/2009 214 • 1,:1 'fir City of Saint John INTERNAL INSERTION ORDER Reference: 70 Gault Rd —September 14 —Public Hearing I - Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, Aug 18, 2009 AND Tuesday, Sept 14, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Contact., I Telephone: (506) 658-2862 215 PROPOSED ZONING BY -LAW AMENDMENT RE: 70 GAULT ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, September 14, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2510 square metres, located at 70 Gault Road, also identified as PID No. 00423665, from "RF" Rural to "IL -1" Neighbourhood Institutional. REASON FOR CHANGE: To permit a day care centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall, Elizabeth Gormley, Common Clerk 658 -2862 216 PROJET DE MODIFICATION DE L'ARRETI? SUR LE ZONAGE OBJET: 70, CHEMIN GAULT Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arieW sur le zonage de The City of Saint John, lors de la rdunion ordinaire qui se tiendra dans la salle du conseil le lundi 14 septembre 2009 a 19 h: Rezonage d'une parcelle de terrain dune superficie d'environ 2 510 metres carrels, situ6e an 70, chemin Gault, et portant le NID 00423665, de zone rurale «RF» a quartier h vocation collective << IL-1 o. RAISON DE LA MODIFICATION: Permettre une garderie. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal on an bureau de I'urbanisme et du developpement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par dcrit a ('attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 ;N INFO,RAVIA "N"UtC I AINT 4' r �9,rv,qr SAINTj� I I N� AVIS PUBLIC w ME, om; ov- "A I DE NUMAil(I"WHON DE MEN) N1 !3 L!A 7P'(;AU1J RQ1tD 010 1; 1 70; C 11 ETY1 I S,GAL, 11' Public Notice is herem, g;wn that the Common Par les po eserucs. on inis public cst donn6pai lectudle Council of The CHY Of Sam. John intends to conscil communal de The Cay of Saint Johit indniuc consider amending The ('it) of Saint John Zoning son intention Giudrer 1;i moxhfication survArfle 4 ay.law at its regular meeting to be held in the I'an-W sur le zonage do Tire City of Saint John, tors Council Chamber on Monday, September Id, 209 do la r6umon orchnione qui se tiendra diins ]a salle do at 7:00 icin- by conscil le Mull 14 &eptembre 2609 a 19 h : Rezoning a parcel of land with air urea of Ruzonage dune paicelle de terrain ifurto superficic appioximato1v x510 square metres, located at 70 d'emirrin 2 510 takres earn;, snuio an 70, chomin Gault Road, also identified as PID No 6042305. Gaul[, el portaw lc'NID 00423665, de zone rurale,, from "Rr Rural to 111,1' Neighbourhood RIF R a (loorlier i inertia" colleedoe - 11A Institutional. 217 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decr6t6 cc qui suit : The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcr6t6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modii6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2510 square metres, located at 70 Gault Road, also identified as PID number 00423665, from "RF" Rural to "IL -I" Neighbourhood Institutional - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor /wire 1 La modification de ('annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2 510 metres carrels, situde an 70, chemin Gault, et portant le NID 00423665, de zone rurale «RF» a quartier a vocation collective «IL -1 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : First Reading - Prei6re lecture Second Reading - Deuxiee lecture Third Reading - Troisi6me lecture 218 09/03/2009 16:02 506 - 635 -1944 GALBRAITH CONST PAGE 01/03 GALBRAITH CONSTRUCTION LTD, 660 Rudy Street Saint John, N. B. E2M 3S5 Phone Number (506) 635 -8855 Fax Number (506) 635 -1944 SEND T0: Company Name: Attention: Fax City of Saint John Mayor Ivan Court 658 -2837 FACSIMILIE COVER SHEET F7 Urgent 0 Reply ASAP ❑ Please Comment El Please Review 0 For your information Total pages, Including cover sheet: COMMENTS 3 Re: Victory Assembly Inc. PID 423665 90 Gault Road, Saint John, N.B. 219 City of Saint John P.O. Box 1971 Saint John, N.$_ EM 4Ll Attention: Nayan Gandhi, MCTP, RPP Re: Victory Assembly Inc. PID 423665 90 Gault Road, Saint John, N.B: Dear Sir: September 03, 2009 We are writing further to the notice respecting the rezoning application for the above noted property for the purpose of establishing a day care centre. As an adjoining property owner (PID 40361$) we wish to bring to your attention that we operate a provincially licensed construction and demolition disposal site on our property, and have done so for a number of years, The entrance to our property is immediately adjacent to the southern boundary of the Victory Assembly Inc. property. It has been temporarily relocated further from that boundary line during the construction of the Bmera Brunswick LNG pipeline. Once the Pipeline work has been completed, the entrance will return to its former Iocation. The pipeline easement is also immediately adjacent to the southern boundary of the Victory Assembly Inc. property. This entrance is used by heavy equipment, and trucks hauling debris to the site. We are not objecting to the proposed rezoning at this time. However, we do wish to have the operator of any day care centre made aware of the current and long standing use of our property. 220 09/03/2009 6. 02 506-635-1944 GA,fir CONST PAGE 03/M We do request that we be provided with notice of any further events in the rezoning process in accordance with your standard notice procedures. Thank you. DCT/Ilb cc: Mayor Ivan Court Planning Advisory Committee Common Council Yours very truly, GALBRAITH CONSTRUCTION LTD. David L. Galbraith 221 September 10, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 70 Gault Road On August 17, 2009, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 9, 2009 meeting. Ms. Heather Hamilton of Hamilton Homestyle Daycare appeared at the meeting. She indicated that she was in agreement with the recommendations set out in the attached report, and is aware of the concerns raised in the letter received. She agreed to fence the property as a solution to the concern raised. Two people spoke in favour of the application. Mr. Gerry Beatty, her father, indicated he is financially supporting the applicant. Mr. Dale Malcolm, an employee of the daycare, is also in support. Mr. Bob Ridgeway of Galbraith Constriction raised concern regarding safety of the children as they operate a quarry at the neighbouring property, and that a pipe which had been affected by recent constriction of the pipeline nearby may drain on to site. A letter from Galbraith Constriction was previously received by the Committee regarding this. No other letters from the public were received. After taking into consideration the comments made by the applicant and the public, the Committee adopted the following recommendation: RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 2,510 square metres in total, located at 70 Gault Road, also identified as PID Number: 00423665, from "RF" Rural to "IL -1 " Neighbou -hood Institutional respectively. 2. That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,510 square metres located at 70 Gault Road, also identified at PID Number: 00423665, be subject to the following condition: a. The development be in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer. The site plan should illustrate the location of 222 -2- all buildings, strictures, parking areas, driveways, signs, landscaping, perimeter fencing and other site features. Respectfully submitted, Carl Killen Vice - Chairman NG Project No. 09 -328 223 DATE: SEPTEMBER 4, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF SEPTEMBER 9, 2009 224 Nayan Gandhi, MCIP, RPP Planner SUBJECT: Name of Applicant: Hamilton Homestyle Daycare Name of Owner: Victory Assembly Location: 70 Gault Road PID: 01712040 Municipal Plan: Low Density Residential Zoning: Existing: "RF" Rural Proposed: "IL -1" Neighbourhood Institutional Proposal: To establish a day care centre for up to 50 children in the existing building on -site. Type of Application: Rezoning 224 Hamilton Homestyle Daycare Page 2 70 Gault Road September 4, 2009 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, September 14, 2009. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 0.25 hectares in total, located at 70 Gault Road, also identified as PID Number: 01712040, from "RF" Rural to "IL- " Neighbourhood Institutional respectively. 2. That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,510 square metres located at 70 Gault Road, also identified at PID Number: 01712040, be subject to the following condition: a. The development be in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer. The site plan should illustrate the location of all buildings, strictures, parking areas, driveways, signs, landscaping, perimeter fencing and other site features. BACKGROUND: The existing building on site formerly housed the Saint John Branch of the Royal Canadian Mounted Police, but has more recently used by the Victory Assembly Inc. as a church. It is zoned in the "RF" Rural zone, which does not permit a day care centre to operate, hence the need to rezone. Staff advised that the most appropriate zone was "IL -1" Neighbourhood Institutional, as this permitted the day care facility and the lot and building generally met the proposed zone requirements (see below). Provincial licensing of daycare facilities specifies a number of requirement for approval, including: floor space and sanitary requirements; the availability of fenced outdoor play areas; Health Act standards regarding sanitation; lighting and ventilation; National Fire and Building Code standards; adequate sleep or rest area; first aid supplies; food services and cleanliness standards; minimum staff qualifications and staff -to -child ratios. These matters are regulated and enforced by the Provincial licensing process and need not be considered in this application. The Victory Assembly has authorised this application as the landowner. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments. • A city approved water meter must be installed for all businesses • It is assumed from the application that the existing driveway entry /exit will remain • It is assumed from the application that all staff parking will be provided for on -site 225 Hamilton Homestyle Daycare Page 3 70 Gault Road September 4, 2009 Buildings and Inspection Services has no objection to the proposed rezoning. There will be a number of Building Code issues associated with the renovation. Saint John Fire Department has no objection to the application, provided that any interior renovations to support the Day Care are designed and conducted in accordance with the National Building and Fire Codes. In addition to National Building and Fire Codes, the applicant's proposal must satisfy the requirements of the "Child Daycare Facilities - Operator Standards" as provided by the N.B. Department of Social Development. To this end, an application to operate a licensed daycare must be submitted to the N.B. Department of Social Development. N.B. Department of Health has no comments regarding the proposed daycare for the Gault Road. If the existing on -site system should fail and cause a nuisance, Public Health will require repair or a full replacement. Saint John Energy has no issue with this application. Maritimes & Northeast Pipeline has no concerns. Should the applicant be digging on -site, contact Brunswick Pipelines to locate the pipeline. Leisure Services has been advised of this application. Saint John Police Force has been advised of this application. N.B. Department of Social Development has been advised of this application. School District 8 has been advised of this application. Enbridge Gas has been advised of this application. Brunswick Pipeline has been advised of this application. ANALYSIS: The subject site is located on Gault Road, which is a collector road in the Municipal Plan, and located near to the intersection of the road with Manawagonish Road and the Provincial Highway Route 47 highway interchange. The 2,510 square metres (approximately 26,909.8 square feet) site currently contains an existing building located at front of the property, with a driveway access leading to a parking lot at the rear located to the south of the building. Some landscaping, including mature trees, surrounds the remainder of the relatively rectangular property. The immediate surrounding area is primarily undeveloped, except for a few properties along Gault Road. A nearby property is zoned for high density residential development. The Maritime and North - East Pipeline nuns immediately around the east and south of the property, on land substantially lower than the subject site, with a steep hill separating the two properties. In the wider area, there are a couple of new suburban residential developments, primarily of single and two - family homes. The Route 47 highway interchange with Manawagonish Road is nearby to the site. 226 Hamilton Homestyle Daycare Page 4 70 Gault Road September 4, 2009 Proposal The applicant is proposing to establish a daycare in the existing building at 70 Gault Road, to provide care for between 25 and 50 children between the hours of 6:00am and 6:00pm. Initially, it is anticipated that the daycare will have four staff members, plus the owner, rising up to nine should enrolment targets be met. A plan illustrating the proposed layout of the building for the day care, and this will include five operational rooms, a kitchen, washroom facilities and a play area. Staff has requested a site plan for the entire site; however, one was not received prior to the report being finalised. The business plan submitted along with the application indicates that the facility would be marketed to residents of the west -side, and outlying suburban communities of Grand Bay - Westfield. In this respect, the location, nearby to a highway interchange, provides convenient access to their target markets. Municipal Plan Direction The Municipal Plan indicates that in residential areas, compatibles uses, including institutional facilities are necessary to serve local resident populations. Daycares are considered a compatible use. The proposal therefore is consistent with the Municipal Plan. Rezoning Request The proposal requires that the subject site be rezoned from "RV Rural to "IL -1" Neighbourhood Institutional as daycares are not permitted in the Rural zone. The subject site meets the requirements of the "IL -1" Neighbourhood Institutional zone with respect to minimum lot area, lot width and lot depth, but a variance is required to increase the lot occupancy requirement from 20% to approximately 21.4% of the total lot area (discussed below). The most recent use of the building was a church, which is acceptable in both the "RF Rural" zone and the proposed "IL -1 Neighbourhood Institutional" zone, and previous to this, it was the Saint John branch of the Royal Canadian Mounted Police office. As a church is also an institutional use, the proposal is effectively changing from one neighbourhood institutional use. Bearing -in -mind the previous use of the property as a church, there are not likely to be any additional impacts created by the proposed use. The context of the site has changed in recent years, with new subdivisions having been built in the vicinity of the property, and improved access being provided to the area with upgrades to Provincial Highway Route 4 7. The area is less rural than in the past, and a change to a more `urban' zone would recognise the potential of the site within this context. In this respect, daycares are seen as an important piece of support infrastructure for vibrant, successfi l city. In addition to providing convenience for the parents, they can be used as a marketing tool for attracting and retaining employees by businesses within the City. The rezoning can be supported. In terms of transport matters, it is understood the existing access will be used. The parking requirement is not specifically set out in the Zoning By -law for day care centres, and therefore staff has taken the view that it is similar to the requirement set out for an elementary or junior high school (being 1 space per `classroom'). Based on the internal layout submitted, there appears to be three classrooms, so three 227 Hamilton Homestyle Daycare Page 5 70 Gault Road September 4, 2009 spaces are required. Furthermore, given the likely number of vehicles arriving in short periods of time during mornings and evenings, a fair amount of vehicle circulation space will also be required. Staff on their site visit note that a long access and substantial parking lot on -site, and it is understood that this will remain as existing to serve both as staff parking and loading /unloading space for clientele. Whilst it appears to be sufficient to meet By -law requirements, no site plan was received to confirm this. The Zoning By -law also requires 20% of the lot area to be landscaped. Again, whilst it is understood no external changes will take place on the site, compliance with this requirement cannot be confirmed. As such, a site plan should be submitted showing site features, including both retained parking, circulation and landscaping space and be subject to Development Officer approval. Furthermore, it is noted that recent development of the pipeline around the property has resulted in significant differential in grades between the subject property and its surroundings. As such, staff considers that perimeter fencing around the sides and rear yard should be provided. The applicant is advised that a Building and /or Change of Use Permit will be required should the proposal be approved. CONCLUSION: The rezoning can be supported and it is desirable to change the zone from a rural one to a more urban one given its site's context. The proposed use is similar to the previous established use and therefore no additional impacts are anticipated. NG Project No. 09 -328 228 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ate �r � , • a:'• S� ~ 1 4 • •I' R�, lam\ �• �`• 5 f 1 I 1 R F F � •, •I• 1 .i � 1 a LIA ly • i - 'f` �fF - '•�,r'• f /'may - �--- -- i : 1 i � i \ r sue. s ' ••.. t-;. • •. PIDMMIP(s): 00423665 Subject Site /site en question: Location: 70 Gault Road Date: August 24, 2009 Scale /echelle: Not to scale /Pas ;� 1'echelle 229 V 54P W 1 1 W xl;l*Occ - PA A10,416 AV■jLA86.r. rtlg 30 CA S, ar. t (n11!/ii j9p i, y � "Tor qp.V!. k'41*4,r -A 1/, 2(Y-r 0,1 , d,�e dm kA $ .5wif tV (A 230 d. 0,5PAIr 5w9s mess elPAC9 4e *IATURZ ?LAY YARD . 09/03/2009 16:04 506 - 635 -1944 GALBRAITH C©NST PAGE 02103 GAL.BRAITH CONSTRUCTION LTD. 660 Ready Street - Saint John. N.B. - E2M 3S5, Tel; (506) 8b5�SSSS • Fax: (WO) 635 -7944 -3 jj September 03, 2009 City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L 1 Attention: Nayan Gandhi, MCIP, RPP Re: Victory Assembly Inc. PID 423665 90 Gault Road, Saint John, N.B. Dear Sir: We are writing further to the notice respecting the rezoning application for the above noted properly for the purpose of establishing a day care centre_ As an adjoining property owner (PID 403618) we wish to bring to your attention that we operate a provincially licensed construction and demolition disposal site on our property, and have done so for a number of years_ The entrance to our property is immediately adjacent to the southern boundary of the Victory Assembly Inc. property. It has been temporarily relocated further from that boundary line during the construction of the Emera Brunswick LNG pipeline. Once the pipeline work has been completed, the entrance will return to its former location. The pipeline easement is aIso immediately adjacent to the southern boundary of the Victory Assembly Inc. property. This entrance is used by heavy equipment, and trucks hauling debris to the site. We are not objecting to the proposed rezoning at this time. However, we do wish to have the operator of any day care centre made aware of the currer(t and long standing use of our property- 231 BY -LAW NUMBER C.P. 110 -118 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARR1~ TE No C.P. 110 -118 ARRETt MODWIANT L'AR"A SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conscil communal, The City of Saint John a d6cr6t6 ce qui suit: The Zoning By -law of The City of Uarret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifr6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 14.5 hectares, located at 1808 Hickey Road, also identified as PID numbers 55102628 and 00418491, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -2" High Rise Multiple Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 14,5 hectares, situ6e au 1808, chemin Hickey, et portant les NID 55102628 et 00418491, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales <<RS -2» a zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2» et zone de tours d'habitations 6 logements multiples <<RM -2» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2009, avec les signatures suivantes : Common Clerk/Greffr6re communale First Reading - August 31, 2009 Premi6re lecture Second Reading - August 31, 2009 Deuxi6me lecture Third Reading - Troisi6me lecture 232 - le 31 aoiit 2009 - le 31 aout 2009 PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de I'Arretd de zonage de The City of Saint John u, 6 / o „ 4 N M k i M N}O r �V FROM / DE TO /A R -2 One and Two Family Residential RS -2 / Zone r6sidentielle- habitations One and Two Family Suburban unifamiliales et bifamiliales Residential / Zone residentielle de banlieue- habitations unifamiliales RM -2 et bifamiliales High Rise Multiple Residential l Zone de tours d'habitations a Iogement multiple Applicant: Kierstead, Quigley and Roberts (on behalf of Haldor (1972) Ltd.) Location: 1808 chemin Hickey Road PID(s) /NIP(s) 00418491 & 55102628 07P20SW Drawn By /Cr66e Par: David Couture Date Drawn /Carte Cr66e: September 10 september, 2009 Considered by P.A.C. /consid6r6 par le C.C.U.: August 25 aout, 2009 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistr6 le: By -Law # /Arretd #: 233 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et i l'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeur A QC ,:P-4 P O U C T Mailing Address of applicant / Addresse postale du demandeur z % e,01'ZAn N P_T Hl4N S7_ � A,17- S T S'�r�T J o H/N Postal Code / Code postal Z` Z L Z 2 I? Telephone Number / Numdro de tdldphone Home/Domicile 6 .Se- /,3 ,96 Fax Number / Numdro de tdldcopieur Work /Travail 6 341 -O 6 O Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Property Information / Renseignements sur la proprikti Location / Emplacement 7 2 6 %Z d,4 P 5T' Civic # / No de voirie Postal Code / Code postal: Street / Rue Lot Area / Superficie du lot qoc 5744 Street Frontage / Fagade sur rue 3 91P PlD / NIP Existing Use of Property / Utilisation actuelle de la propridtd W-0 R Ir e fl G Y Q� N 77:rP Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal _45---,e- Poo e- Present Zoning / Zonage actuel /2 h7 / .JC Amendments Requested / Modifications demandees Municipal Plan / Plan municipal 9?'Change Land Use Designation to / Modifier la ddsignation de Putilisation des terres A APP/2 0 //G P e o-Ow -1-7z e r/4 L- and /or 6 ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arretd sur le Zonage Change Zoning to I Modification du zonage A 0 RAMTRO�cate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) AN ro >rtt 234 Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition 0 I�c%LAf7�-- /G�tiG S7d/Z� You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. 11 is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'dchelle illustrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'ilevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propridtd, !'emplacement de la totalitd des bdtiments, des alleles, des arres de stationnement, des amdnagements paysagers et des panneaux de signalisation. 11 est important d'indiquer la distance entre les limites de la propridte et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient Etre approuv6es. C A*- 7z To Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concemant votre proposition qui pourrait Etre utile. Signature of Applicant / Signature du demandeur �Otp- Date — _—C e l% f%t Z GO 9 ❑ $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date Si vous n'etes pas le propridtaire du terrain en question, veuillez obtenir la signature du proprieltaire dons la parde ci- dessous. La signature du propridtaire autorisant le traitement de la prelsente demande est requise pour que cette derniere soil examinee par le conseil communal. 235 PLANET fry teuxt Browser - Vcmon 1.0 z IF, �=Jl Selection This map is a graphical representation of property boundaries which approxinutes the size, configuration , Summary boundary survey and is not Intended W be used for legal descriptions or to calculate exact dimensions or i Map LAL, F- F L--w-- F si-ahn 25-z -F Y- zoom Factor I Property found PID 00000398 PAN 16177 Owner Savoy, Karen 3 Loca PAN 1617729 Owner Savoy, 3 Frederick Loca p P- l�4- r t2 0 I VL klrtps:H °.piariet..snb.,cw?LANE'rb.mwser/htniUsecure/Malp/load,do 236 WAM � t I eel 0 01 • �•1 '; For City of Saint John use only: Bua et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: Public Presentation — 72 Broad Street I Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, September 1, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Public Notice Sub - Headline Teat: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 237 238 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 72 BROAD STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, September 14, 2009 in the Council Chamber, Lobby Level, City Hall. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 72, RUE BROAD Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a ]'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. ]a reclassification, � ]'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 400 m6tres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398, de zone risidentielle de densiti moyenne A zone d'aminagement commercial approuvi. 2. 1'ajout de la parcelle de terrain suivante A la lisle des am6nagements commerciaux approuv&s � Palin6a 2,4.6,28: << u) une parcelle de terrain d'une superficie d'environ 400 m6tres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398. » Une presentation publique du projet de modification aura lieu lots de la r6union ordinaire du conseil communal le lundi 14 Septembre 2009 dans la salle du conseil, au niveau du hall d'entr6e, 6 1%6tel de ville. REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the establishment of a retail store within the Permettre Pam6nagement d'un magasin de d6tail A existing building. l'int6rieur du batiment existant. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by October 14, 2009. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 239 Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 14 octobre 2009 A ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement A MOM de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffi6re communale 6582862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE N° C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a ddictd ce qui suit: The Municipal Plan By -law of The L'arret6 relatif au plan municipal de City of Saint John enacted on the 3rd day The City of Saint John ddcr6t6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par : 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398, from Medium Density Residential to Approved Commercial Development classification; 1 la modification de l'annexe 2 -A et 2 -C, relative an plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 400 metres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398, de zone r6sidentielle de densit6 moyenne a zone d'am6nagement commercial approuvd; 2 Adding the following to the list of 2 I'ajout de la parcelle de terrain Approved Commercial Developments in suivante a la liste des amdnagements sub - section 2.4.6.28: commerciaux approuv6s a I'alinda 2.4.6.28 : "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: a u) tine parcelle de terrain dune superficie d'environ 400 metres carrels, situ6e au 72, rue Broad, et portent le NID 00000398. » - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common C1erk/Cireffiere communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6mc lecture 240 September 14 m Mayor and Councillors: Issue: West Saint John Flooding. Numerous citizens have contacted rne regarding the above issue. Various stories of basements being damaged have been presented tome. | have had several conversations with key staff who are also very concerned about how residents have been impacted. Obviously this is a complicated and costly issue to rectify. at the City Manager prepare and present to Council a Strategic P]anvxith recommendations to address the flooding in West Saint John. This document should provide Council with financial direction for the upcoming and future budget deliberations. This document is requested in two weeks time. Sincerely yours, Councillor Peter McGuire G4;1- SAINT JOHN RO. Box l97l Saint John, N8 Canada E2L4]| vwwvumindohnza | [.P l971 Saint John, N.& 241 September 14, 2009 Your Worship Mayor Ivan Court Q Members of Common Council: Re: Taylor Avenue Playing Field Context: The Crescent Valley area has within it approximately 6Q0 youth and is the youngest neighbourhood in our City. The above mentioned playing field was unavailable to utilize this summer due to drainage issues. Staff worked diligently on this challenge but it appears the issue has complexities which may require some investment. Motion: That through the Acting City Manager, a report is requested to be brought back to Council, with resoect to solutions tm this recreational challenge itted, Peter McGuire Councillor —City of Saint John @I, SAINT JOHN /& report in two uo*eks'timneUmrequested. P.I Box 1971 Saint John, N13 Canada E21L4Q| www.saintjohn.ca |[R1971 Saint John, N�Canada E2L 4LI MA 414 *1 September 14, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Youth Input into Recreational Needs Context: Based on a motion supported by Council, staff engaged approximately 250 youth from our Leisure Services Summer Playground Program to gain their feedback with respect to their recreational needs. This was an extremely well coordinated effort, especially where Leisure Services Playground Coordinators designed a very positive outdoor experience at the Fisher Lake venue for these Motion: That through the Acting City Manager, a report be brought back tn Council concerning this unique planning event with our youth, to be presented in two weeks'time. Councillor — City of Saint John SAINT JOHN PO. Box l971 Saint John, NB Canada C2L4L1 |mmwmintjohn.ca | CR1971 Saint John, N,&Canada E21- 4O The City of Saint John September 14, 2009 Mayor Court and Members of Common Council: Re: Sandy Point Road Study As an attempt to quell public misconception, I ask Council to acknowledge by public forum, this September 14th, 2009, that the study being prepared by the City regarding Sandy Point Road/Rockwood Park land-use only applies to City-owned properties. In no way does this Council intend for private-property owners to be denied the due process and due diligence of Staff analysis and recommendations, the PAC process, or Council. Respectfully Submitted, (received via email) Councillor Patty Higgins City of Saint John I@-- - - -- - - _- __ ------------------- . .................................................................................. . .......................................... . - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca I CA 1971 Saint Jahn, N,-B. Canada E2L 4L1 244 The City of Saint John September 14, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Derelict/Vacant Building Context: Staff have recently had discussions with Provincial officials regarding this issue. Motion: That through the Acting City Manager, a report is requested in two weeks' time with respect to above mentioned discussions. Peter McGuire Councillor — City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 � www.saintjohn.ca C.R 1971 Saint John, N.-B. Canada E21- 41-1 245 September 14, 2009 Your Worship Maynrham[Vurt& Members of Common Council: Issue: Resolved that a moratorium on development be imposed on the areas of Sandy Point Road adjacent to Rockwood Park until a new municipal plan, with public consultation, is complete Context: To gain clarity oo the application of this motion. Motion: That the City Solicitor provide verbal clarification, this evening, with respect to the application of this moratorium regarding the lands to which the resolution applies. Res 2 1; ed, Councillor — City of Saint John ( 10041, A-1 SAINT JOHN PO. Box l97T Saint John, NB Canada E2L4O | vwvw^sa|ntjohnza | [Pl97l Saint John, N.-B.Canada E2L41-1 September 14,2OO9 His Worship Mayor Ivan Court And Councillors Subject: Live Coverage mf Council meetings Your Worship and Councillors, I am pleased to advise that Rogers Cable will provide live television and webcasting coverage of regular Council meetings beginning Monday, September 14,J809. This is consistent with Council's efforts to ensure that the business conducted is open and easily accessed by the public. In order to accommodate this live coverage, it is important that regular meetings in the Council Chamber begin mo later than G:3Op.m. To achieve this, Committee of the Whole meetings which usually occur prior to the regular meeting should finish by6:IOp.m. |f the agenda items are not complete by that time the Committee could decide prior to 6:20, on whether the items will be brought forward to the next regularly scheduled Committee meeting or scheduled for some other time. Recommendation. that Committee of the Whole meetings held in the 8 " floor conference room prior to regular meetings finish no later than 6:20 p.m. to ensure that regular Council meeting in the Council Chamber commence mo later than 6:3Op.mm. Sincerely, Elizabeth Gormley Common Clerk . . . . ......... --- .................... SAINT JOHN MI Box l�Saint John, NB Canada E2L 41-1| wwwsaintjohn.ca |[Pl971 Saint John, N�Canada E2L4LI M & C 2009 - 273 September 3, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, Im SUBJECT: Award of Request for Proposals 2009- 092202p Consulting Services: Municipal Plan - Growth Management Strategy BACKGROUND In 2008, Common Council identified the preparation of a new municipal plan for Saint John as one of its priorities during this Council mandate. On October 20, 2008, the Commissioner of Planning and Development provided a report to Common Council identifying the process proposed to move the municipal plan process forward. At that meeting, the City Manager was directed to "make every reasonable effort to provide the necessary financial resources available in the 2009 Operating Budget." Common Council did allocate the necessary funds in the 2009 Operating Budget for the Planning and Development Department to add two new professional planners and one planning technologist to the Establishment. These new human resources were intended to resource this project as well as assist with the growing volume of current planning work and to develop a more active policy planning program. In addition to the provision of resources for additional staff, Common Council provided additional funding for the Department to secure outside professional services to assist in the preparation of the Plan and a number of other projects including the Long Wharf and Eider Rock development applications, the Hillcrest /Loch Lomond Aquifer Study, and a comprehensive review of the City's development incentive programs and planning fees. Council provided $200,000 in the Department's budget to undertake all of this work in 2009. In July 2009, the City of Saint John issued a Request for Proposals to identify a lead consultant to work with City staff to prepare a new municipal plan for Saint John. The lead consultant will work collaboratively with the new Deputy Commissioner of Planning and Development, other City staff, and the community to develop the municipal plan as well as the associated growth strategy. 248 2 PURPOSE The purpose of this report is to recommend the hiring of a lead consultant for the new Saint John Municipal Plan and Growth Management Strategy. ANALYSIS The Request for Proposals issued by the City of Saint John to identify a lead consultant for the Growth Management Strategy and Municipal Plan closed on July 31, 2009. The City received 6 proposals from consulting firms as follows: 1. Dillon Consulting 2. MKI 3. Urban Strategies /ADI 4. Office for Urbanism/Terrain Group 5. Malone Given Parsons 6. CBCL Limited A Review Committee consisting of the following staff completed an analysis of the submissions: • Ken Forrest, MCIP RPP Commissioner of Planning and Development • Sarah Herring, MCIP RPP Planner Bernie Morrison Commissioner of Leisure Services • Holly Young, P. Eng. Manager of Infrastructure Development, Municipal Operations and Engineering • Andrew Beckett, CA Deputy City Manager • David Logan, CPPB and Cindy Calvin Purchasing Agent /Manager and Assistant Purchasing Agent Materials and Fleet Management Each member completed an independent review of the submissions and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the proposals. Of the 6 proposals received by the City, the Committee agreed on a short -list of four firms to move forward in the selection process. The 4 short- listed firms were invited to Saint John and each was provided with a 90 minute session with the Review Committee consisting of a 30 minute presentation from the proponent and 60 minutes of questioning from Committee members. After reviewing the proposals and after evaluating the performance of each firm at their interview, it was the unanimous decision of the Review Committee that Urban Strategies Inc. of Toronto in partnership with ADI Limited of Saint John and Fredericton was the most qualified firm and should be awarded the position of Lead Consultant for the City of Saint John Municipal Plan and Growth Management Strategy. 249 3 FINANCIAL IMPLICATIONS The preferred lead consultant will be expected to work with the City of Saint John to prepare a detailed project charter and terms of reference for the completion of the Municipal Plan that will be subject to the approval of Common Council. The City of Saint John will provide maximum compensation of $15,000 plus disbursements to the preferred lead consultant for the work leading to an acceptable terms of reference. Actual compensation will be based on hours worked at the hourly rates established in the Urban Strategies proposal. Subsequent to the completion of the project charter, the City will negotiate a contract with the lead consultant to undertake the Growth Management Strategy and Municipal Plan that will be subject to the approval of Common Council. Consistent with previous discussions at Council, the RFP indicated to proponents that financial resources in the order of $400,000 to $500,000 are anticipated to be available over three years to complete the project. RECOMMENDATION It is recommended that the proposal from Urban Strategies Inc. in partnership with ADI Limited for consulting planning services to act as the Lead Consultant for the City of Saint John Municipal Plan and Growth Management Strategy be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA Deputy City Manager 250 The City of Saint john OPEN SESSION 111�11 11�: IKI September 9th' 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Wf1,1W*=0ffTN MX412T11 NIZ1110-1AM Ziff" to] Ma RAZI I Q I 11L Eel =910 ZT-11 Under the new Federal Municipal Infrastructure Lending Program, municipalities will have access to low-cost loans through Canada Mortgage and Housing Corporation to fund housing-related infrastructure projects. This source of funds will significantly decrease the cost of borrowing for municipalities. CMHC's Municipal Infrastructure Lending Program is a 15-year repayable loan. Interest rate charged by CMHC will be lower than typical municipal borrowing rates. The range quoted by CMHC Treasury is between 3.75% and 4.25%. However the actual rate is only given approximately 2 weeks prior to the loan advance date. Two projects — Braemar Drive and Brunswick Drive/Paul Harris street reconstruction are identified as eligible for a loan under this program. Contract for Brunswick Drive/Paul Harris street project was approved by Council in September 2008 for $1,430,224.05 and Contract for Braemar Drive project was approved by Council in January 2009 for $1,153,082.51. The amounts that are recommended for borrowing under the CMHC's lending program are $465,000 for Braemar Drive and $980,000 for Brunswick Drive/Paul Harris Street. W.- - - - --- - ---------------------------- - - - - - - - --------- . . . . ................................................................................................... ..... . . . . ..... . . . . . . . ...... . ... . ..... . .................. . . . . . . . .......... . - SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4LI I wwwsaintjohn.ca I C.P. 1971 Saint John, N'!.-B. Canada E2L 4L1 251 Page 2 RECOMMENDATION: It is recommended that the loans under the CMHC's Municipal Infrastructure Lending Program for Braemar Drive and Brunswick Drive/Paul Harris street be approved: Braemar Drive — Street Reconstruction: Brunswick Drive/Paul Harris - Street Reconstruction Total: Term: 15 Years. Respectfully Gr ory Yeomans, CGA, MBA Co =' sinner of Finance 252 465,000 980,000 $ 1,445000 M & C 2009 - 286 September 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Effects of Tropical Storm Danny BACKGROUND Im Another significant rainfall event occurred during the weekend of August 29 -30, 2009, causing various flooding incidents across the community, including a serious episode in Glen Falls. While the total rainfall amount (107 mm) and severity of damages to infrastructure did not approach what occurred last September in Hurricane Hanna (145 mm), there was a repeat of widespread incidents of localized flooding of basements, yards, and surcharged storm and sanitary sewer systems. Whereas Hanna may have been regarded as an isolated incident of unusual severity, there is growing recognition that the frequency of these once "rare" events is increasing; that climate change and global warming are having a profound effect on the weather. Residents adversely impacted by the heavy runoff and increased groundwater levels, by surcharging sanitary and storm sewer pipes, are increasingly concerned by these events and the resulting damages and costs. Regardless that insurance may cover the event, increased premiums or cancelled coverage, inconvenience, and negative effects on quality of life are major concerns. Residents are seeking to have these unwanted effects minimized or eliminated — they are seeking answers and turning to elected officials and City staff for help in dealing with these problems. This report will update Council on the flooding effects of Tropical Storm Danny, and provide background information on the issues and the City's activities in response to the storm as well as our recognition that weather patterns are changing. ANALYSIS The storm which occurred on the weekend of August 29 -30 saw a total of 107 mm of rain fall on Saint John. The storm generated large volumes of runoff that overwhelmed many natural systems and components of storm water infrastructure (ditches, culverts, storm sewers), and sanitary 253 M & C 2009- 286 September 9, 2009 Page 2 sewers. The result was overflowed stream banks, flooding, erosion and damages to private and public property. The upper Glen Falls area was again flooded and many streets closed to traffic. These could not be re- opened for a day or two. In addition to the Glen Falls drainage basin, flooding was again experienced over streets elsewhere around the City and residential property owners reported flooding of basements and yards in a number of other high profile drainage areas. Municipal Operations & Engineering and Protective Services (Police and Fire) responded during and after the storm to help with flooding, close streets and keep drainage paths clear. Areas reporting significant issues with flooding again this past storm include: 1. Upper Glen Falls /Forest Hills >10 properties /streets 2. Lower Glen Falls /Rothesay Avenue Street flooding 3. Honeysuclde /Sherbrooke /Manawagonish Creek Basin >15 properties 4. Milford /Randolph Drainage Basin >30 properties 5. Brentwood /Woodward Drainage Basin >10 properties 6. Meadowbank/Kenn Drive /Beach Crescent Basin > 5 properties 7. Westgate /Glenwood Drainage Basin 1 property & Street 8. Sea Street Estates Street flooding Flooding and /or erosion damage was also experienced in a number of other low lying areas or individual properties across the community that are typically affected, but the above areas exhibited more systemic issues that have recurred in significant rainfall events. It should be noted that the numbers above reflect only those that were reported. Response efforts have been, and will continue to be focused on these areas and the issues that have arisen. Flooding Factors What is meant when "flooding" is reported? When people speak of "flooding problems" they can be referring to a widely variable set of circumstances, causes and effects. After the initial "emergency" response during heavy precipitation, care must therefore be exercised when considering and responding to an issue of "flooding" - what it means, how it occurs, what the sources or contributing factors may be; and importantly, what the solutions (and responsibilities) may be. Property flooding may be caused by: • Heavy runoff — heavy precipitation; ice and snow melt; low lying property • Groundwater - lack of, or non fiunctioning, basement drain tiles • Ditch or stream overflowing banks; spring freshet • Storm sewer surcharge and backflow • Sanitary sewer surcharge and backflow • Blocked drainage culverts and road ditches; backwater • Surface water gravity flow from higher property to lower property • Blocked rain gutters; blocked roof drains 254 M & C 2009- 286 September 9, 2009 Page 3 • Leaky roof or chimney; windows; doors • Water line break; internal plumbing, external service line • Water pumped and discharged to a surface Typical Routes of Ingress Groundwater levels may build up around a building foundation, increasing hydraulic pressure on the floor and walls and entering through cracks in concrete, sump holes, floor drains, or any other penetration through the basement floor /walls (eg service lateral pipes, well water pipes). Surface water collecting on low lying property, flowing from higher ground or overflowed stream banks and ditches may enter buildings directly through window and /or door openings. Surface water from these sources, or shed from hard surfaces like roofs and asphalt driveways, may also percolate into the soil and add to groundwater levels and associated flooding effects. Service lateral pipes connected to sanitary sewers or to storm sewers and road ditches may also provide a route into buildings. Groundwater may follow the trench material back in to the foundation wall and cause problems. Backflow from main sewers through the lateral may also occur when heavy precipitation and runoff overwhelms system capacity and ability to carry increased flows. This is a particular concern when the sanitary system surcharges and back flow occurs into basements, whether by floor drains, basement drain tiles, sinks, showers, toilets, or washer drains. Backflow of clear water from surcharged storm systems may also increase groundwater levels or prevent groundwater from draining. Backwater valves installed on the service lateral have been used by some properties. These provide a measure of protection against backflow. However, building basement drain tiles may also be connected to either the sanitary or storm system and these cannot fiunction when the valves are closed, leading to increased groundwater and pressure around the basement and the groundwater effects noted above. Backwater valves also require maintenance and may not always be functional in periods of heavy runoff, allowing some bypassing to take place — this occurred in several locations affected by Tropical Storm Danny. DRAINAGE BASINS Upper Glen Falls /Forest Hills As noted above the Glen Falls area again experienced a serious flooding episode. The upper reaches of Marsh Creek and the West Branch of Marsh Creek overflowed their banks and flooded onto streets and private properties, causing damage and disruption to traffic. Main thoroughfares like Rothesay Avenue, Retail Drive, McAllister Drive, and Westmorland Road had to be closed to through traffic for periods of time. Simpson Drive, Ashburn Road, Rothesay Road at the CNR underpass, Glen Road, Todd Street, Holland Street, Brown Street, Ashton Place, Dutch Garden Lane and Broadway Avenue were also closed. 255 M & C 2009- 286 September 9, 2009 Page 4 Staff responded to the flooding and placed signage and barricades for traffic control and street closures. Increased Police presence was also required to enforce closures and traffic detours and Saint John Fire apparatus responded when water levels in basements presented safety concerns. Saint John Water staff was required to monitor sewage lift stations and respond to incidents of sewer backups reported in the area. The storm occurred after hours on a weekend when most affected business establishments were closed; but the incident and aftermath impacted on a large number of property owners in the area and again demonstrated the vulnerability of properties located in this large, low lying drainage basin. Increasingly adverse weather patterns will continue to greatly impact this area of our city. In December 2008, Council adopted a Stormwater Management Strategy for the city. One of the main components of the supporting study was to review the Glen Falls /Marsh Creek drainage basin and all past reports, recommendations and constricted works in the basin in order to provide a framework or direction for future improvements. Incorporated into the adopted strategy are five recommendations for dealing with the flooding of Marsh Creek and the surrounding area. The primary recommendation in the report was to constrict a storm water diversion system for which an Environmental Impact Assessment (EIA) process is currently underway. Preliminary design and cost benefit analysis for this initiative are nearing completion. The flooding experience of this past August 29 -30 underscores the importance of this project; to do otherwise is to accept the inevitability of more severe repercussions and loss in this area. A public meeting was held on Wednesday August 12, 2009 at Exhibition Park to provide information and a public presentation on the proposed Stormwater Diversion Project and related EIA process. It was well attended. In the aftermath of Tropical Storm Danny and the flooding which occurred it has become apparent that an additional number of interested people would like information on the plan. A second meeting and public presentation will be scheduled. Lower Glen Falls /Rothesay Avenue The Lower Glen Falls /Rothesay Avenue section of the Marsh Creek Drainage Basin also experienced some temporary flooding on Rothesay Avenue near Crosbys Molasses and the street had to be closed. The lower creek was filled nearly to capacity but the issue is a local drainage capacity, much like occurs on City Road, Haymarket Square, and Fairville Boulevard, where the amount of runoff temporarily overwhelms the capacity of the piped system, resulting in ponding on the lower sections of street. Once precipitation slows or stops, the system begins to catch up and conveys the runoff to the creek, resulting in an earlier street opening at this location. Honeysuclde /Sherbrooke /Manawagonish Creek Flooding of basements occurred again at several properties in the lower sections of streets in Fairville Plateau /Lancaster Vale and Meadowland Subdivision. This is the second occasion in a year for some properties and staff has been following up to identify all of the affected properties in order to determine the mechanism for flooding in each case. 256 M & C 2009- 286 September 9, 2009 Page 5 Council will recall that in conjunction with the Stormwater Management Strategy and the 2009 Capital Program, assessments were initiated for this area. CBCL Ltd Consulting Engineers was engaged in July to study the systems in this basin. The area under study is quite large, starting behind the Lancaster Mall near Lancaster Avenue, stretching past the Lancaster Sewage Lagoon where it becomes a creek (Manawgonish Creek), and empties to the Bay of Fundy. Runoff from Fairville Boulevard empties into this system as does Sherbrooke Street, Montreal Avenue and Molson Avenue in the Vale, Danells Drive and Honeysuckle Drive from the Meadowland Sub Division. With the number of properties reporting flooding again in this area, site visits will be made to each and every residence affected as part of the study process. Most, if not all, of these visits have already occurred. Staff will be following up with our consultant to determine if there are any "quick fixes" that may be possible in particular situations, but more importantly to identify what long term solutions may alleviate systemic issues. A public meeting to discuss results of the study process will be scheduled once there is sufficient information to share. Milford /Randolph Drainage Basin Similar to other drainage basins, there was widespread reporting of basement flooding in the Milford /Randolph drainage corridor during Tropical Storm Danny. This basin stretches from Milford Road, at Kingsville Road, through several neighbourhoods and streets to Greenhead Road. As in the case above, an engineering drainage study was initiated for this area. Terrain Group Engineers was engaged earlier in July to undertake the study and report. Again, all affected properties will be visited as part of the study process — staff and /or a member of the Terrain Group will be following up with each property owner to identify the flooding mechanism. As information from the process becomes available a public meeting will be scheduled to share with the neighbourhood. Brentwood /Woodward Drainage Basin Council has approved a number of measures for this drainage basin relating back to longstanding concerns in Brentwood Crescent. This area trunk sewer services a large drainage area stretching back up above Millidge Avenue along University Avenue. It takes water from Caledonia Brook near Brentwood Crescent, and stretches down Woodward Avenue, out under the new soccer field and under Ragged Point Road and the track at Samuel de Champlain School where it discharges into a stream again. The stream eventually re- crosses Ragged Point Road and discharges into Den Boom Cove on the Kennebecasis River. Several projects involving substantial investment have been approved or are planned for the drainage basin. Some storm sewer work will commence this fall while other work is anticipated for 2010 and 2011 to develop detention areas in the drainage basin. In the meantime, there will be follow up with property owners who reported a flooding episode in this drainage basin in the most recent storm. The purpose is to include any information gained in the process and utilize it 257 M & C 2009- 286 September 9, 2009 Page 6 in formulating recommendations for future system improvements or suggestions to property owners. Meadowbank/Kenn. Drive /Beach Crescent Reports of basement flooding came in from several homes in this area of Millidgeville during and subsequent to Tropical Storm Danny. Issues appear to be connected with a surcharging sewer system. Staff attended at a number of the homes affected and will follow up with all of those reporting a flooding incident. Also, staff are mapping affected properties and inspecting the sewer system via visual inspection and video camera. Further inspection/smoke testing of the system will also be carried out to determine how groundwater /surface runoff may infiltrating the sanitary system and causing it to surcharge during periods of high precipitation. A project to undertake a drainage basin assessment and carry out some local drainage improvements is planned for 2010. Westgate /Glenwood Drainage Basin The stream running along Pipeline Road West and through West Side Estates overflowed its banks during Tropical Storm Danny and covered a low section of Glenwood Drive near the sewer lift station for a period of time. A property near the stream had the basement flooded. An extensive amount of remedial storm water management work has been undertaken by the City of Saint John at this end of the drainage basin, working with NB Department of Environment and Federal Fisheries and Oceans staff, since serious flooding was first experienced in June 2006. An engineering study was commissioned and completed, additional storm sewer piping was installed to handle flows outside of the development footprint, the creek bed was "cleaned ", a new system cross culvert was installed under Bay Street and an agreement reached with NB Southern Railway for the company to replace a substandard and deteriorating culvert under the rail bed. The only outstanding issue at the lower end of the basin is the rail culvert. Despite the best efforts of all concerned, constriction of the replacement culvert under the rail bed has experienced a series of difficulties. The company will shut down operations temporarily and do an open cut excavation and culvert installation, with the work scheduled to be completed before the end of September. Drainage concerns at the upper end of this drainage basin in Westgate Subdivision have recently been highlighted. Flooding issues were not widely reported from this area as a result of Tropical Storm Danny, but staff will be following up on previously reported concerns and engaging a hydraulic consultant to study the upper basin and advise on measures aimed at reducing the risks of flooding in this development. 258 M & C 2009- 286 September 9, 2009 Page 7 Sea Street Estates Runoff generated by Tropical Storm Danny caused water to cover and wash sand and gravel onto the low section of Sea Street in Sea Street Estates. No reports of basement flooding were received but there are only a limited number of homes in the area. A consultant was engaged earlier this year by the City to review this sub division, the flows impacting on it, and the drainage systems in place, and has reported and made a number of recommendations. The City is in the process of implementing some of the recommendations this year and will be following up with the developer to discuss implementation of other aspects of the report. CONCLUSION Tropical Storm Danny brought heavy rainfall (107mm) and produced incidents of flooded properties similar to that associated with Hurricane Hanna (145 mm) one year ago. Considered along with a 78 mm rainfall in February of 2009, incidents of heavy rainfall and flooding appear to be increasing. Incidents of flooding occurred city wide, with clusters of reported incidents in certain identified drainage basins. In older developments, particularly those with combined sanitary and storm sewer systems, some of the flooding incidents have been related to surcharging sanitary systems. In newer developments with separated systems, flooding incidents are typically unrelated to the sanitary system, and may have a variety of causes. Staff is proceeding to follow up systematically on all reported incidents of flooding, in order to determine if causes are isolated or systemic in nature. Correspondence outlining the approach has been sent to each address reporting an incident and is attached for information. The City is relatively well positioned to follow up on these issues, having already initiated a series of engineering studies in the most affected areas. A Stormwater Management Strategy adopted by Council in December 2008 included a Storm Drainage Design Manual that specifies how storm drainage is to be designed for all new developments in Saint John. Harbour Clean -Up and a previously adopted Wastewater Management Strategy has as an integral component the installation of separate sanitary and storm sewer systems. These initiatives will all contribute to improving the situation in fi ture. Despite the initiatives and work already underway and the expectation that root causes will be determined, it must also be understood that solutions can be expensive and will naturally take time to implement. One such example is in Marsh Creek. After many years of flooding of the Glen Falls area, it appears that a viable solution for this drainage basin may be possible — an Environmental Impact Assessment (EIA) must first be completed. The price tag for system solutions will be high. Council should expect to see an increased emphasis on storm water management projects for priority drainage basins in future Capital Program submissions. 259 M & C 2009- 286 September 9, 2009 Page 8 When staff and engineering consultants have had an opportunity to review the flooding situations and compile information, public meetings will be scheduled with each of the most heavily impacted neighbourhoods to share findings on likely causes and potential solutions. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, C.G.A. Acting City Manager 260 M & C 2009- 286 September 9, 2009 Page 9 SeptChITAW. r 4, 200.91 Mooding lincidents— Tropical Storm Danny lt1laig been rERwted to the ChjycifSaint John ffi@ I: tjlr,� 1.,jiropefty operierwed a li ep sod ediurkig or aftefr tflp M'- JSt Jor,pri Ile aV 29 �R lid vi TP ipi I St, rm D, ny, V ratrvfa 11 on i0i , 30, associalu 0 ca a in A City of Sahit Johli r(-pre!ser'Ai,0vO (City staffim Englneefii�ltant hired Loetht- filty),will be in roantact "ith, YrAl Ove"T the rpext 2,,� weeks to follow up onf fli1s everit in order to beitter underg,�,,jnd what wxurred and haw, The object Is to gather ln:forwr,�Otionon the nature of floodinp f nc bode nlsthat Occuirved in each dralnageba0i,so thatagood assessmeiii; (#,n"de mode of the i55uesand whateve r systeins nuty exii'stieg. ditOmp's& r'ullvenis;; spreiRrns:,".orm sewers,; saffilivarym'w6rlj, to help dovel'op effiective deaknp ,� Mth, dl ding, issues. InaddUlan,aftii "j-pe City MU' be fofliowiq up, sithei and advewilsliiga seiirlus of public n wetingvis, wilh residents of affected neighbourltinbidA. Tho. pur, p osts iiivpll hie, to shal°,e finding's and pmvii.de iinibirmaduin ari Current wnrkplan% aimed at redurAng, the frieqUefty Ond 5eVelily of flopidIng episodes caused by Ininfeasingly s weoiVber ppatternis, The City of saint tale recogni7es thiefiLriportoncie of thIs lssue to affected preperl-enoiner's, orittl i,%,, to understand and correct underlyi,,ng f ittars Lry ri a , your renput and applw lriig. tbe best er'tLdrwering exPerlaw. Crigirieedni; studies are already underway or coin"Iplotied in a sipifitaint number of drainage biashi,s, but solutionsaw often, expen,.5ive and Tiequlire, time Lo irtiplerneor, R" nixing this fact, , not allil causes of flooding are thts soqie arilithere mjiy be intermediate staps that can help prrr*idje some Mea"Sure of f'O"Jef to d've ellfi Of! 1100VTY "Tunuff even ts, 0 you have. any, questlons or wsh to CBIirlfy anyt'Niha i'11" this cziresprjridenco, pleaso contwf 115 at the number listed beloviii: 5 59 -445:5 Re minip De'vk Shimyne G lbriaith P.Eiria Director of Miks, and Erq;lneering S'JI VOIJSL Plait, app,01ow 658-4455 SAINT f0BIN TRO Box'i!971 WIC Canada IE21..40 1 wmw'i*mluf-oc,'O CP 1'971 Uiiiol IwAgyif, N,-R,, ("Onada UL C.11, 261 ..... ...... REPORT TO COMMON COUNCIL, M & C-2009 -299 September 14, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Canada Games Stadium Upgrades PURPOSE: W IM City of Saint John The purpose of this report is update Common Council on action that is being taken with regards to the upgrading of the Canada Games Stadium at the University of New Brunswick — Saint John, to place before Common Council the Letter of Offer from the Atlantic Canada Opportunities Agency (ACOA) relating to these upgrades and to seek authorization for the Mayor and Common Clerk to execute the appropriate documentation associated with proceeding with this project. ANALYSIS: The planned upgrades to the Canada Games Stadium and surrounding land are significant. As can be seen from the attached diagrams it includes a complete refurbishment of the existing facility and grand stand area, building up of the area around the track area, a resurfacing of the track, the installation of an artificial turf playing field and the construction of an adjacent field for throwing events. The total estimated cost for the upgrades is approximately $5,800,000. The City has set aside funds in the 2009 Capital Budget to contribute to this project and has also agreed that some of the monies being received from Emera associated with the gas pipeline compensation will be directed to the project. In total this funding amounts to $2,200,000. On Wednesday, August 19"' local MP Rodney Weston announced that the Federal Government would contribute up to $1,402,500 towards the project from the Federal Innovative Communities Fund. A copy of the Letter of Offer from the Atlantic Canada Opportunities Agency, who administers this fund, is attached. In addition the University of New Brunswick — Saint John (LYNBSJ) has committed $800,000 towards the project. 262 It is hoped that the remaining funding needed to complete the project will be provided by the Province of New Brunswick. Positive indications have been given that a funding announcement will be made in the near future. There is an urgency associated with the timing of the upgrades to the Stadium as the Acadian Games are scheduled to be held at the venue in late June of 2010. UNBSJ have complete tender documents ready for the upgrades and will be releasing the tender for all civil works associated with the Stadium within the next few days. The scheduled completion date for this portion of the upgrade will be mid June, 2010. The balance of the upgrades will be completed in various stages with an over-all completion date of October 31, 2010. While the upgrades to the Stadium will not be fully completed in time for the Acadian Games UNBSJ has been able to move the project ahead so that the Games can continue at the Stadium with minimal disruption to the Event. Officials from UNBSJ and the City have met with the organizers of the Games and they are satisfied with the arrangements that are being made. UNBSJ will be administering all aspects of the project work. The City will be responsible for flowing monies from the various funding partners through to UNBSJ as work progresses. A Project Team is being established that will include representatives from UNBSJ and the City. A contract is being drafted to formalize the arrangements between the City and UNBSJ. 191 t co IQ 05 051 - 1 -0 1 e 1 ]XV4 -9 It is recommended that Common Council accept the terms and conditions of the July 31, 2009 Letter of Offer from the Atlantic Canada Opportunities Agency for funding under the Innovative Communities Fund in the amount of $1,402,500 subject to confirmation of matching funding from the Provincial Government and acceptance by all fianders of a completion date of October 31, 2010 and authorize the Mayor and Common Clerk to execute appropriate documentation in that regard. Respectfully submitted, L . 4 A P. Beckett C.A. Deputy City Manager 263 Atlantic Canada Agence de Opportunities promotion 6conomique Agency du Canada atlantique New Brunswick Bureau du Office Nouveau-Brunswick RO, Box 578 G.P. 578 1CF-CAF - LETTER OF OFFER Fredericton, N.B. Fredericton (N.-B) E38 5A6 E3B 5A6 Project No.: 196129 August 12, 2009 City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Attention: Ivan Court, Mayor Dear Sir: Re: Innovative Communities Fund /Communities Adjustment Fund (ICF -CAF) In response to your application received July 29, 2009, the Atlantic Canada Opportunities Agency (the "Agency"), hereby offers to make a contribution to the City of Saint John ("the Applicant") upon the following terms and conditions: 1.00 Definitions "Control Period" means the period commencing on the Project Commencement Date and ending six months after the Project Completion Date. "Eligible Costs" means those costs which, in the opinion of the Agency, are reasonable and necessary to carry out the Project and described in the Statement of Work, unless otherwise ineligible under paragraph 4.02 of this Agreement for late filing. "Minister" means the Minister responsible for the Agency and other persons as authorized by the Minister to act on his/her behalf. "Parties" means the Agency and the Applicant. "Project" means an undertaking that meets the Program eligibility and as further described in the Statement of Work. "Program" means the Innovative Communities Fund/Communities Adjustment Fund. "Statement of Work" means the work described in Annex I which forms part of this Agreement. 266 2.00 Proiect 2.01 The Applicant shall commence the Project on or before October 1, 2009, which date is the Project Commencement Date. 102 The Applicant shall complete the Project on or before July 30, 2010, which date is the Project Completion Date. 2.03 The Agency shall not contribute to any Eligible Costs incurred prior to July 29, 2009. 3.00 Contribution 3.01 Subject to all other provisions of this Agreement, the Agency shall make a non-repayable contribution (the "Contribution"), to the Applicant, to assist in the execution of the Project as described in Annex I (Statement of Work) and calculated as the lesser of (a) and (b) as follows: (a) 24.159% of Eligible Costs, estimated to be $5,805,263; and 100% of eligible signage costs estimated to be $2,500; or (b) $1,402,500 3.02 The Applicant will carry out the Project as described in Annex I and will make claims for Eligible Costs, in accordance with the instructions to be provided by the Agency, in a diligent and professional manner using qualified personnel. 3.03 The Applicant shall proceed diligently in a good and workmanlike manner and use qualified personnel for the Project and shall carry out and complete the Project in accordance with the Statement of Work, 3.04 The Applicant remains solely responsible for providing and obtaining the funding required for the carrying out of the Project, including any cost overruns. 3.05 In the event that the activities of this project results in unanticipated incremental revenues, the Agency reserves the right to reduce its contribution accordingly. 4.00 Payments 4.01 (a) Payments of the Contribution are estimated to be the following amount for the Agency's fiscal year and based on the Eligible Costs anticipated to be incur-red by the Applicant within the fiscal year: Fiscal Year 2009-10 $902,500 Fiscal Year 2010-2011 $500,000 267 (b) The Agency's fiscal year starts on April 1 st and ends on March 31" of the following calendar year. For each individual fiscal year, only the Eligible Costs incurred by the Applicant between April I't and March 31" of the following calendar year are eligible for the funding allocated for the applicable fiscal year in 4.01 (a) above. (c ) In the event that the Applicant forecasts to incur Eligible Costs different than anticipated during the current Agency's fiscal year and according to clause 4.01 (a) above, the Applicant shall inform the Agency in writing, as soon as possible, but not later than 60 days prior to the end of the relevant fiscal year. The Agency will consider any request to adjust the following fiscal year's payment allocation accordingly, but the Agency will have no obligation to do so. 4.02 The Applicant shall, no later than sixty (60) days following the Project Completion Date, submit to the Agency a satisfactory claim for all Eligible Costs incurred prior to the Project Completion Date and which have not already been claimed. Any Eligible Costs not claimed in accordance with the foregoing shall be considered ineligible unless otherwise agreed to in writing by the Agency prior to the Project Completion Date. 4.03 Options of Payment: (a) Progress Payments At the request of the Applicant, the Agency may make progress payments to the Applicant based on claims for Eligible Costs which have been incurred. Each claim shall be completed in accordance with instructions to be provided by the Agency to the Applicant. (b) Joint Payments At the discretion of the Agency or upon the request of the Applicant, the Agency may make payments jointly to the Applicant and its supplier for Eligible Costs which have been incurred. (c) Final Pay]pent Notwithstanding the provisions of this sub-section, ten percent (10%) of the Contribution will normally be reserved for a final payment to be based on a claim submitted by the Applicant by the Project Completion Date and normally after all Eligible Costs have been incurred and paid. (d) Advance Payments In exceptional cases and at the discretion of the Agency, an advance payment may be made to the Applicant. To request an advance payment, the Applicant must submit a completed copy of the Advance Payment Request Form (provided by the Agency), including a monthly cash flow forecast of requirements for the Eligible Costs to be incurred during the advance period. Such documentation must demonstrate that an 268 advance payment is essential to the successful completion of the project. Each advance payment must be accounted for, to the satisfaction of the Agency, within forty-five (45) days of the end of the advance period for which that advance was made. Should the Agency determine that an advance payment will be made; such payment will be made in accordance with the Treasury Board Policy and Directive on Transfer Payments to a maximum of twenty-five (25) percent of the ACOA share of funding. 4.04 It is a requirement of this Agreement that the Applicant shall keep the original invoices and proof of payment for all claimed Eligible Costs readily available for examination by the Agency during any payment verification or audit and until thirty-six (36) months following the end of the Control Period. 4.05 Prior to any disbursement of this Contribution by the Agency, the Applicant will normally be required to complete the attached Annex 4 (Pre-authorized Repayment/Direct Deposit Authorization Form) and return it, together with a void cheque, with your acceptance of this offer. 5.00 Conditions 5.01 Prior to project commencement, and prior to initial disbursement, the Applicant must provide written confirmation of assistance in the amount of- Province of New Brunswick - $ 1,000,000 City of Saint John & Emera - $2,200,000 LTNB — Saint John - $800,000 Other funding -$402,763 The program is designed to ensure projects are started promptly. If the additional financing cannot be confirmed within the time frame, the project may be cancelled and funds will be decommitted. 5.02 The Applicant throughout the Project implementation, shall conform to the requirements of all applicable federal and provincial government regulatory regimes including, but not limited to, the federal Canadian Environmental Assessment Act, 5.03 No increase in the Contribution amount will be allowed unless specifically approved in writing by the Agency prior to the incremental Eligible Costs being incurred. 5.04 If the project does not start by October 30, 2009 the Agency may cancel the project and funds may be decommitted. 5.05 Prior to the Project Commencement Date, the Applicant shall provide the Agency with information on the qualifications of the expertise to be engaged through a competitive process, and it is agreed that the Agency will not contribute to any Cost of the Project unless satisfied with the qualifications of the expertise engaged. 269 5.06 The Applicant shall ensure utilization of good business practices and workmanship, such as maintaining proper accounting records, the creation of a Construction Committee, and using competitive processes to ensure the local and regional business community is afforded the opportunity to supply goods and services to the project, always ensuring value for dollars. 5.07 The Agency shall support only those costs and activities that are incremental in nature. 5.08 The Applicant shall, until the Project Completion Date, provide and maintain general liability insurance covering bodily injury, personal injury or death to any person, and property damage. At the request of the Agency, the Applicant shall provide proof of this coverage. 6.00 Progress and Results Reporting 6.01 From the date of Project Commencement until the Project Completion Date the Applicant shall submit quarterly, status reports on the progress and results of the Project in a form satisfactory to the Agency. 6.02 The applicant shall provide, at the request of the Agency, a final report on the results of the Project in a form satisfactory to the Agency, 6.03 The Applicant shall refer to Annex I of this Agreement for the selected success indicators associated with the desired outcomes for the Project and consents to undertake the steps required to achieve them. 7.00 Other Government Assistance 7.01 The Applicant shall inform the Agency promptly in writing of any assistance from federal, provincial or municipal sources other than identified in Article 5.01 which has been received or is to be received for the Project, and the Agency shall have the right to adjust the Contribution to take into account the amount of any such assistance received and may require repayment from the Applicant. 8.00 Minister's Right of Set-Off 8.01 When making any claim for payment under this Agreement, the Applicant shall include a certificate as to whether or not any amounts referred to in subsection 8.02 of the Agreement are due to Her Majesty the Queen in Right of Canada and details of any such amount. 8.02 Without limiting the scope of set-off rights provided for under the Financial Administration Act, it is understood that the Minister may red-ace the Contribution to the Applicant under the Agreement by any amount that the Applicant owes to Her Majesty the Queen in Right of Canada under legislation or other contribution agreements. 270 9.00 Communications 9.01 The Applicant consents to a public announcement of the Project, by or on behalf of the Agency. The Agency shall inform the Applicant of the date on which the announcement is to be made and the Applicant shall keep this offer confidential until such date. After official announcement of the project by the Agency, or sixty (60) days after the Applicant's acceptance of this offer, whichever is earlier, information appearing on the Project Fact Sheet, as attached hereto, will be considered to be in the public domain. 9.02 The Applicant shall, in all public communications (including but not limited to Web sites, publications, news releases, presentations, annual reports, on-site signage) acknowledge the financial contribution of the Government of Canada. The Applicant shall consent to a form of acknowledgement which has been approved by the Minister or his/her representatives, and which may include text in both official languages, an official government symbol and/or other graphic elements. The Applicant also consents to limit the acknowledgement to applications agreed upon by the Minister or his/her representatives and to terminate the acknowledgement upon the request by the Minister or his/her representatives. 9.03 if applicable, the Applicant consents: a) To the placement of a sign and/or plaque to be installed on the site reflecting the federal government involvement in the Project, except where the Agency deems a sign/plaque to be inappropriate; b) To be responsible for the purchase and installation of the sign/plaque in accordance with the specifications (layout, size, location) provided by the Agency — expenses will be deemed Eligible Costs; and c) To install the sign/plaque in conjunction with or following the public announcement and to keep the sign/plaque on site for a reasonable period of time, as determined by Agency officials. 10.00 Notice 10.01 Any notice or correspondence to the Agency, including the attached duplicate copy of this Agreement signed by the Applicant, shall be addressed to: Atlantic Canada Opportunities Agency 570 Queen Street, 3rd Floor P.O. Box 578 Fredericton, 'New Brunswick E3B 5A6 Attention: Community Development or to such address as is designated by the Agency in writing. 271 11.00 Entire Contract 11.01 This offer, if accepted, including all Annexes, constitutes the entire Agreement between the parties with respect to its subject matter. No amendments shall be made to the resulting contract unless confirmed in writing. This offer is open for acceptance for sixty (60) days from the date that appears on its face. The date of acceptance shall be the date the duplicate copy of this offer, unconditionally and duly executed by the Applicant, and is received by the Agency. If further information is required, please contact Michael Lavigne, the officer assigned to your project, at (800) 561-4030, (506) 778-1909 or via e-mail at michael.lavigne@acoa-apeca.gc.ca. Community Development Attachments: 0 Annex I - Statement of Work 0 Annex 2 - Project Fact Sheet for News Release 0 Annex 3 - General Conditions o Annex 4 - Pre-authorized Repayment/Direct Deposit Form Annex 5 - Quarterly Status Report Template The foregoing offer is hereby accepted this day of (Project No.: 196129) City of Saint John Per: Per: (Signature) (Title) (Signature) (Title) 272 NM (Corporate Seal) Statement of Work Project Description: ANNEX I The City of Saint John, in conjunction with the University of New Brunswick in Saint John, is proposing to rehabilitate the Canada Games Stadium and associated infrastructure. The Canada Games Stadium is over 23 years old and is in much needed repair. This project will prepare the site for national and international events such as the 2010 "J,eux D'Acadie" and also provide important construction employment opportunities. The City of Saint John wants to invest in this sports infrastructure to position itself as a New Brunswick sports tourism destination bringing with it long term jobs, sports tourism dollars, and investments in the region. Project Location: Saint John, New Brunswick Project Cost and Financing: Total Costs/Eli2ible costs Cost Description Amount Financing Source Amount Site preparation $3,920,000 ACOA $1,400,000 Building & Structure 1,210,000 ACOA Signage 2,500 Mechanical & Electrical 672,763 Province of NB 1,000,000 Signage 2,500 University of N.B 800,000 City of Saint John 2,602,763 Total Costs $5,805,263 Total Financing $5,805,263 Note: Any HST reimbursed will not qualify as an eligible expense. Expected Results from the Protect: The federal government requires that results from projects receiving federal funding be identified. ACOA will thus follow-up on the following results identified for your project: 1) Rehabilitate the Canada Games Stadium and associated infrastructure. 2) The City of Saint John will make the Canada Games Sports Stadium available to the public and the University of New Brunswick Saint John. 3) After the completion of the Stadium, the stadium will be able to accommodate 10,500 athletes from the current capacity of 5,200. 273 ANNEX 2 Program: ACOA — ICF/CAF PROJECT FACT SHEET FOR NEWS RELEASE Project No: 196129 Name and Address of Applicant: Applicant Contact: City of Saint John Name: Patrick Woods P.O. Box 1971 Title: Deputy Manager Saint John, New Brunswick Telephone: 506-649-6029 E21, 4L1 Fax: 506-658-2802 Project Location: Saint John, New Brunswick Project Type: Business Support Project Description: The City of Saint John, in conjunction with the University of New Brunswick in Saint John, is proposing to rehabilitate the Canada Games Stadium and associated infrastructure. The Canada Games Stadium is over 23 years old and is in much needed repair. This project will prepare the site for national and international events such as the 2010 "Jeux DAcadie" and also provide important construction employment opportunities. The City of Saint John wants to invest in this sports infrastructure to position itself as a New Brunswick sports tourism destination bringing with it long term jobs, sports tourism dollars, and investments in the region. Total Project Costs: $5,805,263 Eligible Costs: $5,805,263 Authorized Assistance: $1,402,500 Total Government Funding: $2,402,500 Estimated Commencement Date: October 1, 2009 Estimated Completion Date: July 30, 2010 .......... Estimated number of jobs created and maintained: 36 FTEs during construction and maintain 3 FTE or 360 persons/month of employment 274 F.11M1 General Conditions 1. The Agreement resulting from the acceptance of this offer ( "this Agreement ") is made pursuant to the Agency's Innovative Communities Fund (ICF). This offer embodies and is subject to the Terms and Conditions of the ICF as approved by Treasury Board, This Agreement is that which is referred to as the "Contribution Agreement" in the Terms and Conditions, and should there be a conflict between the conditions included in this Agreement and the Terms and Conditions as approved by Treasury Board, the latter shall prevail. 2. The Applicant shall obtain the approval of the Agency before preparing any announcements, brochures, advertisements or other materials that will display the Agency logo or otherwise make reference to the Agency. 3. The Applicant will advise the Agency at least thirty (30) days in advance of any special event (official opening, ribbon cutting, sod - turning,, etc), the Applicant wishes to organize in connection with the Project. A, ceremony shall only be held on a date which is mutually acceptable to the Minister and the Applicant. Furthermore, the Applicant consents to having the Minister or designate participate in any such ceremony. 4. The Applicant shall not alter the scope of the Project without the prior written consent of the Agency. S. The Agency shall not contribute to any Eligible Cost that is not a reasonable and proper direct Project Costs or to any Eligible Cost which is not substantiated by satisfactory supporting documentation. 6. The Applicant shall obtain the prior written consent of the Agency to any material change in the ownership, management, financing, location, size of facilities, timing, job creation, federal, provincial or municipal assistance with respect to the Project. 7. Upon request by the Agency, the Applicant shall provide elaboration of any report required under this Agreement, promptly and at no cost to the Agency. 8. The Applicant shall obtain appropriate insurance coverage until the end of the Control Period, 9.. All. consultants engaged to perform work must be engaged as the result of an open and competitive process conducted in accordance with the Applicant's conflict of interest guidelines. No payments shall be made unless the Agency is satisfied with the form and substance of the guidelines and that the guidelines have been followed. 10. (a) The following constitute Events of Default: (i) the Applicant becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; (ii) an order is made or resolution passed for the winding up of the Applicant, or the Applicant is dissolved; (iii) in the opinion of the Agency, the Applicant ceases to carry on business; (iv) the Applicant has submitted false or misleading information to the Agency; (v) the Applicant makes a false or misleading statement concerning assistance by the Agency in a prospectus or other document related to raising funds; (vi) the Applicant has not met or satisfied a terra or condition to which the Contribution is subject; or 275 (vii) the Project is not completed to the satisfaction of the Agency on or before March 31, 2011; (viii) the Applicant is in default under any other written agreement with the Agency; (ix.) in the opinion of the Agency a material adverse change occurs in the financial condition, business operations of the Applicant(s), or any subsidiaries of the Applicant(s) or risk of the Project. (b) If an Event of Default has occurred, or in the opinion of th& Agency is likely to occur, the Agency may exercise either or both of the following remedies: (i) terminate any obligation by the Agency to contribute or continue to contribute to the Eligible Costs of the Project, including any obligation to pay an amount owing prior to the date of such termination; (ii) require the Applicant to repay part of or all of the Contribution forthwith to the Agency, and that amount is a debt due to Her Majesty in right of Canada and may be recovered as such. (c) The Applicant acknowledges the policy objectives served by the Minister's agreement to make the Contribution, that the Contribution comes from the public monies, and that the amount of damages sustained by the Crown in an Event of Default is difficult to ascertain and therefore that it is fair and reasonable that the Minister be entitled to -exercise any or all of their remedies provided for in this Agreement and to do so in the manner provided for in this Agreement if an Event of Default occurs. 11. The Applicant shall pay, in addition to any amount payable as a result of an Event of Default, interest on that amount. The interest, calculated daily and compounded monthly, shall accrue commencing -upon the date which, in the opinion of the Agency, the Event of Default occurred. The rate of interest shall be equal to three percent (3 %) higher than the average Bank of Canada discount rate for the previous mouth. 12. The Applicant must repay to the Agency any amount of the Contribution which exceeds the amount to which the Applicant is entitled to arising from but not limited to overpayments, unexpended balances and disallowed expenses, within thirty (3 0) days of written notification by the Agency and that this amount constitutes a debt due to Her Majesty the Queen in Right of Canada, 13. When any payment is received from the Applicant on account of a repayable Contribution or an Event of Default, the Agency shall apply that payment first to reduce any accrued interest owing and then, if any part of the payment remains, to reduce the outstanding principal balance. 14. Any notice required to be given with respect to this Agreement shall be in writing and shall be effectively given if delivered or if sent by ordinary or registered mail, telegram, fax or telex addressed to the party for whom the notice is intended. Any notice shall be deemed to have been received on delivery; any notice sent by telegram, fax or telex shall be deemed to have been received one working day after being sent,* any notice mailed shall be deemed to have been received eight (8) calendar days after being mailed. 15. This Agreement shall not be assigned by the Applicant without the prior written consent of the Agency. 16. No member of the House of Commons of Canada or the Senate of Canada shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 17. No current or former public office holder or public servant, who is not in compliance with the Federal Conflict ofInterest and Post-Employment Code for Former Public Office Holders and the Value and Ethics Code for Public Servants, shall derive a direct benefit from this Agreement, 18. This Agreement is binding on the Applicant and its successors and assigns, 276 19. The Agency and Applicant declare that nothing in this Agreement shall be construed as creating a principal agent, employer-employee, partnership, or joint venture relationship between the Agency and the Applicant and that the Applicant shall not represent itself as an agent, employee or partner of the Agency, including in any agreement with a third party. 20. The Applicant shall not, prior to the end of the Control Period, cease to use, sell or otherwise dispose of Project assets, the costs of which the Agency has contributed, without the written consent of the Agency except where the assets disposed of are immediately replaced by comparable assets of equal or greater value. 21. The Agency reserves the right to cancel or reduce the Contribution in the event departmental funding levels are changed by Parliament. 22. Any payment by the Agency under this Agreement is subject to there being an appropriation for the fiscal year in which the payment is to be made. 23. The Applicant shall obtain all necessary licenses and permits in relation to the Project that satisfy the requirements of all regulating bodies of appropriate jurisdiction. 24. The Applicant declares that no contingency fee for the solicitation, negotiation or obtaining of this Agreement has been paid, agreed to be paid or will be paid directly or indirectly to any person other than to an employee of the Applicant acting within the scope of their employment. 25, The Agency may, at any time, by thirty (30) days notice to the Applicant, cancel this Agreement if, in the Agency's opinion, the Statement of Work has not been executed in a satisfactory manner, or if the progress and objectives outlined in this Agreement have not been met. 26. The Applicant shall indemnify and save harmless, the Agency from and against all claims, losses, damages, costs and expenses relating to any injury to, or death of, a person or loss or damage to property caused or alleged to be caused by the Applicant or its servants or agents in carrying out the Applicant's activities. 27. The Applicant represents and warrants that any person who lobbies on their behalf to obtain this Agreement or any benefit thereunder, is in compliance with the Lobbying Act. 2& For a period up to thirty-six (36) months after the end of the Control Period, the Applicant shall permit any authorized representative of the Agency reasonable access to its premises to assess the progress and results of the Project and to audit the books, accounts and records of the costs of the Project, 29. Capitalized terms not otherwise defined shall have the meaning attributed to them in the Program's Terms and Conditions. 30, All information obtained by the Agency from the Applicant will be treated in accordance with the Access to Infonnation Act and the Privacy Act. 277 Atlaa(ie U nada Bence de 01JI)OI• Itt"isivs (witiliolimi &1ilkortilylL A ,, e i i ry Stu Caumbi .Lfbnt14]11L Can da ANNEX Pre-Authorized Repayment / Direct Dej2osit Authorization Applicant Name: City of Saint John ACOA Project Number: 196129 A- Pre-Authorized Repaymen - Please attach a voided cheque and complete the following: Name of Account Holder(s) (If different from above) If you are not providing a voided cheque, please have the following completed and confirmed by your financial institution: Branch No.: Account No.: Name(s) of Account Holder(s): Financial Institution: Address: Telephone No.: Signature of Financial Institution Official Institution No.: Date This method of loan repayment will be used only with your authorization. All information will be treated in accordance with the Access to Information Act and the Privacy Act. B- Direct Deposit: Payments can be deposited directly in the above-mentioned bank account. Do you wish to'take advantage of this service? No Yes If Yes, Email: UVW_e hereby authorize the Atlantic Canada Opportunities Agency to debit the bank account identified above, as per the repayment terms of the letter(s) of offer and any subsequent amendments. If I/we have checked YES for the Direct Deposit Service, I/we hereby authorize the Atlantic Canada Opportunities Agency to credit the bank account identified above. Signature of Authorized Signing Officer(s) Date Signature of Authorized Signing Officer(s) Date 278 C _a *V- i Quarterly Status Report Template Innovative Communities Fund i Communities Adustment Fund Name of Applicant City of Saint John Project Number 196129 Address P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Applicant Contact Patrick Woods Administrator Telephone 506- 649 -6429 FAX 506 -658 -2802 .Reporting Period. Results To Date Jobs created since the beginning of project (See Note 1 Full-tithe Part -time Total costs incurred to date Eligible Costs Total Costs Financial assistance received to date from all government sources — Please specify Source of Funding Amount ($} received ACOA $ $ $ S Total Funding Received $ Progress on Project Milestones Milestones achieved in accordance with set calendar ❑ Yes ❑ No Please respond to the next two sections If no, please provide revised calendar of project milestones and realization. If no, please explain the reasons:. Authorized Signing Officer (signature and title) Date: 279 ANNEX (Continued) Quarterly Status Report Template Innovative Communities Fund / Communities Adjustment Fund Note 1— Calculation for Jobs Created or Maintained "Jobs" means an estimate by the Applicant of jobs, expressed in person(s)/month, anticipated to be created or maintained as a result of the Project and for the duration of the Project. Examples of how the Agency calculates Jobs created or maintained are as follows: Example one: Six (6) individuals will be employed full-time from July I to December 31, 2009 and eighteen (18) individuals from March 1 to August 31, 2010. FTE jobs will be calculated as (6 individuals x 6 months) + (18 individuals x 6 months) = 144 persons/month. Example two: Two (2) individuals will be employed part-time for eight (8) months and working four (4) hours/day when normal working days are eight (8) hours. FTE jobs will be calculated as (2 individuals x .5 days x 8 months) = 8 persons/ month. Example three: The organization's normal work week is 35 hours/day or 152 hours/month. An individual works for five (5) hours/week for 52 weeks or 260 hours per year. FTE jobs will be calculated as 260hrs/I 52hrs = 1.7 persons/month. Any deviation from the above should be clearly identified in the report 280 REPORT "ro COMMON COUNCIL ZVORSK III STIN September 14, 2009 His Worship Ivan Court And Members of Common Council: c h, The City,of SaInt John SUBJECT: Loch Lomond Community Centre — Sports Field Restoration Project BACKGROUND: The Loch Lomond Community Centre sports field was created in the early 1980's through a joint effort of the City of Saint John, Province of New Brunswick and the Loch Lomond Fundy Sports Association. This land was designated by Common Council for recreation use and developed into two baseball fields for the Loch Lomond Community. In the mid 1990's the enrollment to the baseball program declined, the Fundy Sport Association merged with the East Suburban Little League resulting in the loss of the youth baseball program at these fields. This resulted in the baseball fields becoming idle and sporadically used over the years. Recently the Saint John Rugby Club and the Loch Lomond Community Centre have expressed an interest to convert these fields situated on PID #00354696 into a rugby/soccer field. To complete this conversion, the existing field needs to be properly crowned for drainage, top soil added, the field hydro seeded, and bleachers and rugby/soccer goals installed. On completion of the project the Saint John Rugby Club will be the primary user of the sports field, however, the field will also be scheduled for neighbourhood community activities as well as for other sports, such as soccer. 281 The Province of New Brunswick through the Regional Development Corporation awarded a $30,000 community development grant to the Loch Lomond Community Centre to complete this project. All financial matters regarding this project are to flow through the Loch Lomond Community Centre. The City would have preferred to have these funds channeled through the City regarding this project. However, due to the nature of this grant, the Province of New Brunswick will only make funds available to a local community association. The Province of New Brunswick through the Honourable Stuart Jamieson engaged the services of Mr. Plow (the Contractor) to complete the scope of work. The Contractor is to invoice the Loch Lomond Community Centre for all work completed regarding this project. As the property in question is owned by the City, prior to work commencing the work the Contractor was asked to provide the City with the following: 1) A certificate of insurance from the Contractor naming the City of Saint John as additional insured in the amount of $2,000,000. 2) Worksafe NB clearance certificate showing that the Contractor is in good standing with Worksafe NB. The Contractor provided these certificates to City staff and has proceeded with the project at the direction of the Honourable Stuart Jamieson. One additional concern that has arisen with the work associated with the project is the fact that it is situation in the City's watershed area. Accordingly the Contractor has to comply with all orders and directions from the Department of Environment through a Watershed Protected Area Designation Order, as well as, any directions received from Saint John Water with all costs being paid by the Province of New Brunswick. The Contractor understands the sensitivity of this area and will work with the Department of Environment and Saint John Water to ensure all safeguards are implemented to protect the adjacent Loch Lomond watershed. The Department of Environment advised the Contractor of the environmental safeguards that must be put in place in order to begin the project. Leisure Services applied and received approval for an 'Exemption to the Watershed Protected Area Designation Order" through the Department of Environment. In addition, Saint John Water will monitor the work to ensure the contractor conducts work in accordance with the environmental concerns relative to the watershed. Leisure Services will install the combination (rugby / soccer) goal posts on completion of the project. 282 FINANCIAL IMPLICATIONS The Province of New Brunswick through the Regional Development Corporation and the Honourable Stuart Jamieson will provide $30,000 to cover the cost to convert these fields. The Province of New Brunswick has engaged and will pay the Contractor to complete the scope of work for this project, The Province of New Brunswick has provided the City of Saint John written confirmation confirming the funding for the project; and that all financial matters and any cost overruns will be administered through and paid for by the Province. WaKoj �J I M NUI I d IfUl It is recommended that Common Council: 1) Grant permission to the Loch Lomond Community Centre to complete the project as outlined in this report. Respectfully submitted, Andrew Beckett Deputy City Manager 283 (9 1 "V- 'Nouveau-g A-4 tsrunswi cK C A N A D A July 29, 2009 File# 4253.031.021 (2009-2010) Ms. Paula Walker F-) 7—V Treasurer Loch Lomond Commmity Center 245 3ohn5ton Road Saint John NB E2N I M6 Dear Ms. Walker: I am pleased to infonn you that your request for additional financial assistance has been approved. The amount to help cover the cost of the improvernents to the rugby field and the purchase of goal post and bleacher has been increased from $15,000 to S30,000. Our contribution is for the project described in your written request and the project scope or purpose cannot be modified without our prior `written approval. To receive these funds, please submit the completed claim form and all pertinent invoices and cancelled cheques associated with this project. These copies should be f6r-warded to the Corporation to the attention of Mrs. Lisa Hay-Busson by March 31, 2010. All work associated with the project must be completed during this fiscal year, Please note that the harmonized sales tax (hst) is not an eligible cost. Should you have any questions, please do not hesitate to contact the Regional Development Corporation at 453-8545. Best wishes for a very successful project. Sincerely, Bill Levesque President Encl. c- Honourable Stuart Jamieson, Minister of Tourism and Parks Mrs. Lisa Hay-Busson Regional Development CorporationISo.(i4t4ded6yeioppementr6gionaI vvww.gnb.ca PO. BoxICY. 428 Fredericton New Brunswick/Rouveau-Brinswick E3$ 5R4 Canada TeLIT6.(506)453-2277 FFWT61�c. (566) 45a -7989 4 ZOO/ ZOO'd LTST# N0SaIKV2I'dVfI "A 4 0£69959 Zl:tT E 0 0 0 J 6 0 REPORT TO COMMON' COUNCIL: M & C — 2009 - 301 September 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: MR The City of Saint john SUBJECT: Grant Request for Funding for Imperial Theatre I :YTIT41 ,Ice] 0K I i k, I � At the September 29, 2008 meeting of Common Council there was an item on the agenda from Imperial Theatre requesting funding towards their campaign to raise $2.5 million for the "Keep IT Live Capital Campaign". The request was for $250,000 over five years or $50,000 a year for the next five years. The recommendation was to refer this to the City Manager and budget deliberations. In the 2009 budget submission the City Manager included $25,000 for Imperial Theatre for this request. This budget was approved at the Common Council meeting of January 26, 2009. It was not clearly identified if this request would continue for the next 4 years after 2009. FINANCIAL IMPLICATIONS The Imperial Theatre is looking for confirmation that this level of funding will continue for the next 4 years, 2010-2013. This would mean that a contribution of $25,000 will be in the operating budget under Arts and Culture for these years. 285 Report to Common Council September 11, 2009 CONCLUSION: Nozn e 2 Staff is looking for direction from Council related to the funding request of the Imperial Theatre's "Keep IT Live Capital Campaign" for annual funding in the amount of $25,000 for the year 2010-2013. Respectfully sub reg J eo ins, CGA, MBA omlisroner ZfFinance AnWew P. Beckett, CA Deputy City Manager Programs & Priorities 286 And Members of Common Council Your Worship and Members of Council, SUBJECT: USER PAY OPTION - SOLID WASTE MANAGEMENT SERVICE BACKGROUND In that the costs associated with the solid waste service have a substantial impact on the overall property tax rate, a user -pay system has been proposed as the most fair, equitable and transparent system of cost recovery for that service. At the January 12th, 2009 meeting of Council, it was proposed to reduce the tax rate by the amount associated with solid waste and replace the current system with user -pay. A resolution asked for a report by June 15th for policy implementation of a user -pay system by January Ist, 2010. Purpose of Report This report will review the user -pay option for financing the residential solid waste service and outline an approach for implementation. That approach needs to be part of a broader community effort to better manage solid waste, fulfill public health requirements, maximize diversion and reduce tonnages being directed to landfill. A COMMITMENT TO SUSTAINABILITY Beyond basic collection and disposal of garbage, the solid waste service needs to engage the community in ensuring Saint John is a clean, healthy and liveable city, one that minimizes its ecological footprint, optimizes outputs with costs, and strives for long -term service viability. Establishing a user -pay system for this service could be a key part of that strategy; designed to achieve higher rates of diversion, equitable allocation of costs and greater responsibility on the part of those who generate waste. For best outcomes, the City must work with citizens and other stakeholders towards a higher standard of waste diversion. Success will also depend on collaboration with the Fundy Region Solid Waste Commission and, ideally, involve other area municipalities. Transition to user -pay could be the right thing to do; as long as implementation is well planned and done right, as part of a broader strategy to reduce the community's impact on the environment, enhance cleanliness and healthy living, allocate service costs fairly and equitably (to "cost causers "), and create the solid waste service this community needs. 287 User Pay Option Solid iT aste Varzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P c v e 12 ANALYSIS Managing solid waste both effectively from a service perspective and efficiently in terms of cost impact means embracing the principles of sustainability, as already articulated by Council; pursuing a broad -based strategy that maximizes resource reuse, recycling and diversion, minimizes waste generation, and optimizing the service life /cost of landfill infrastructure. The strategy must incorporate appropriate policies, by -laws, legislation and resources towards achieving the goals of the community. A system of `user -pay' could be a key part of such a strategy; based on the understanding that direct charges for service would have residents taking responsibility for the amount and types of waste they produce. The tax -based fee stricture does not inherently encourage waste reduction or diversion goals, as the true costs of solid waste are not readily apparent to system users. There is no direct financial incentive to reduce waste. Public Health Obligations First and foremost, the municipality must be ever mindful of the fundamental reason for a solid waste (garbage) service: community public health. This is a service every urban community needs; one that must meet standards required for good public health. It is not something the municipality or its citizens can realistically chose to opt out of Municipalities Act — Solid Waste User Charges The New Brunswick Municipalities Act authorizes municipalities to implement a system of user -pay for solid waste services. "... Where a municipality regulates garbage and refuse collection and disposal pursuant to a by -law ..., the municipality may recover the cost of the service, or any portion thereof, on a user - charge basis ..., which may be established on an amortized or any other basis as the municipality shall seem fit. " [s7.1(2)] "Money recovered ... shall be used only for the purpose cif providing a garbage and refuse collection and disposal service, and any surplus or deficit ... shall be carried forward ... the second next ensuing year. " [s7.1(3)] Appendix `A' provides sections 7.1(1) through to 7.1(9) of the Act for reference. Options for Financing Services (Kitchen -Slack Report) On June 15th, Harry Kitchen (Trent University) and Enid Slack (University of Toronto) presented a report to Council entitled Options for Financing Services and Infrastructure in the City of Saint John. The report was commissioned by the City of Saint John to address two major concerns about municipal finances: (1) the City relies too heavily on the property tax to pay for operating expenditures; and (2) the City needs to finance infrastructure, not only to address the current infrastructure deficit but also to pay for the infrastructure that will be required to meet projected growth. 288 User Pay Option -Solid iT aste larzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -232 P c v e 13 The report spoke of "designing a revenue system based on correctly taxing and pricing municipal services Under the "Principles of Municipal Finance" section, the authors point out that user fees are appropriate to fiend at least some portion of the costs for services with private good characteristics, such as water, sewers, garbage collection/disposal, transit and recreation. "In general, user fees are appropriate ichere theme is a clean relationship betireen the fees charged and the benefits received, the taxpayer has the choice about the extent to which he or she uses the service, it is possible to collect the charge at a reasonable cost, and equity concerns can be addressed (for example by loirering or waving fees for low - income users). User fees can play an important role in municipal finance by ensuring that governments do ichat people irant and are willing to pay for. " It was highlighted, based on the public finance principles discussed, that: "solid waste is an obvious candidate for user fees. The evidence shows that user fees would reduce garbage and improve fiscal and environmental sustainability. " One of four main conclusions of the Kitchen -Slack report was: "The City Should consider expanding its use of user fees to include Solid iraste collection and disposal. Not only could user fees reduce reliance on local property taxes, they would improve efficiency and relate the costs of the service to the benefits received. User fees also address concerns over environmental sustainability. " Finn Report: Regionalization of the Service As Council is aware, the Finn Report Building ,Stronger Local Governments and Regions, November 2008, was commissioned by the Government of New Brunswick to aid in its strategy for `Self - Sufficiency'. Although not related directly to the question of user -pay, the report's recommendation to designate solid waste management as a `supra - municipal' service, to be handled exclusively on a regional basis, is a consideration to be factored in: "Responsibility for the planning and management of the entire Solid iraste Stream, from collection, to recycling, to disposal transferred to the regional service district. " An integrated operating and service delivery approach makes good sense. However, moving to such a regional system would involve policy change at several levels. It would be prudent to have clarity on where we might be going on regionalization of this service before or in conjunction with any major change initiative. Without clarity, there are risks associated with making significant investments (prematurely) in transitioning the service. Should the City (and /or region) wish to move in a new direction regardless of the Finn recommendations, it should do so being aware of their possible implications. 289 User Pay Option -Solid iT aste larzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P a « e 4 Experience with Major Change When the Fundy Region first introduced the compost system in 2001, we should remember that the transition to green carts and, with that, bi- weekly collection did not go smoothly in all neighbourhoods. The lesson that history teaches is to prepare the community and thoroughly plan implementation well in advance of major change. Recycling Model in the Fundy Region The Fundy Region Solid Waste Commission ( FRSWC) and area municipalities currently utilize a blue bin (drop off and sorting) system for recycling in this region. Other jurisdictions in the province and elsewhere approach recycling differently. Some people will argue that curbside recycling should be a prerequisite of moving to a user -pay system. While curbside recycling could promote increased diversion, it would also entail a whole new dimension to the solid waste service in the Greater Saint John region, with associated operating costs and capital investments. Also, we do not believe the FRSWC is currently equipped to deal with the resulting mixed stream of recyclables. A policy change would be required for the FRSWC and its municipalities. To enhance the current system, it would be in the best interests of the community and citizens to locate additional blue bin depots in the community - to make recycling a more practical option for citizens. Priority Neighbourhoods Under a user -pay approach, we believe that service to priority neighbourhoods has to be brought in line with the level delivered across the community at large. Although this is the goal for the service generally, the timeline for the transition would be much less. Transfer of Financial Burden The current cost of the residential solid waste service (2009 budget) is $4,123,000. With a user -pay system, the cost burden for the service would be largely transferred from the broad general tax base to those households serviced. The cost of litter control ($148,000) and special activities such as bulky items pick -up, white goods drop off, and neighbourhood clean -ups ($169,000) would likely remain as a general expense. Under this scenario, over 92% of current service costs would be removed from the tax burden and the property tax rate could be adjusted accordingly. Based on reduced tax base funding requirements of $3.8 million, assuming $550,000 per penny of tax rate, the property tax rate could be reduced by 6.91 cents on $100 of assessed property value. Assuming other variables remain constant (for example, waste tonnages do not change), the $3.8 million net cost would be assumed by the 21,900 residential households currently receiving the service. It is prudent, at this point, to be conservative in estimating anticipated service costs or potential service cost reductions. 290 User Pay Option -Solid iT aste larzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P c v e I S The table below illustrates the average impact on households in Saint John, assuming all other variables remain constant. HST does not apply for user -pay solid waste services. This illustrative example indicates a break -even point at a property valued at $251,114 With direct costs transferred to households, the challenge for the community and individual residences will be to reduce waste generation and increase diversion, thereby lowering community and individual household costs. Where exactly will this take us? At what point will a "sustainable equilibrium" be reached? And further, how will the amount and type of waste generated impact the resource levels required to provide the service? Saint John is expected to generate about 14,750 tonnes of residential solid waste in 2009; 11,530 tonnes of refuse disposed of at a cost of $108 per tonne ($1,452,240 in tipping fees) and 3,220 tonnes of compost at $35 /tonne ($112,700 in compost tipping fees). These numbers indicate a 78.2% refuse to 21.8% compost split. How much of that refuse tonnage can be reduced, diverted to recycling or converted to less expensive compost? As important, what should the timeline be for achieving desired waste diversion targets? The rate of reduction/diversion/conversion the community is able to achieve will directly impact the overall cost of the solid waste service and the cost to individual households. Administrative Costs Although not detailed herein, there will be administrative costs associated with a user -pay service, administering and enforcing the By -Law, billing, and collection. Some of these costs are built into the existing budget amount, but some are not. The billing function, for one, will add to these costs. Overall, however, administrative costs should not materially impact a decision to go with a user -pay system or not. 291 $75,000 $51.83 $173.52 +$121.69 $100,000 $69.10 $173.52 +$104.42 $150,000 $103.65 $173.52 +$69.87 $200,000 $1318.20 $173.52 +$3532 $250,000 $172.75 $173.52 +$0.77 $251,114 $173.52 $173.52 0 $300,000 $20730 $173.52 433.78 $350,000 $241.85 $173.52 468.33 $400,000 $276.40 $173.52 - $102.88 This illustrative example indicates a break -even point at a property valued at $251,114 With direct costs transferred to households, the challenge for the community and individual residences will be to reduce waste generation and increase diversion, thereby lowering community and individual household costs. Where exactly will this take us? At what point will a "sustainable equilibrium" be reached? And further, how will the amount and type of waste generated impact the resource levels required to provide the service? Saint John is expected to generate about 14,750 tonnes of residential solid waste in 2009; 11,530 tonnes of refuse disposed of at a cost of $108 per tonne ($1,452,240 in tipping fees) and 3,220 tonnes of compost at $35 /tonne ($112,700 in compost tipping fees). These numbers indicate a 78.2% refuse to 21.8% compost split. How much of that refuse tonnage can be reduced, diverted to recycling or converted to less expensive compost? As important, what should the timeline be for achieving desired waste diversion targets? The rate of reduction/diversion/conversion the community is able to achieve will directly impact the overall cost of the solid waste service and the cost to individual households. Administrative Costs Although not detailed herein, there will be administrative costs associated with a user -pay service, administering and enforcing the By -Law, billing, and collection. Some of these costs are built into the existing budget amount, but some are not. The billing function, for one, will add to these costs. Overall, however, administrative costs should not materially impact a decision to go with a user -pay system or not. 291 User Pay Option -Solid iT aste IIarzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P a « e 6 USER -PAY SYSTEMS There are many variations of user -pay systems but most include two main components designed to encourage waste - reduction and increased diversion: ca Visibility of cost; and ca Volume -based pricing. Solid waste cost recovery systems can fall on a continuum between zero user fees and complete user -pay. At one end of the spectrum would be systems that include 100% of the cost of waste collection and disposal through the municipal tax rate, with no limitations on volume or items placed at the curb. At the other end, residents are charged directly for the service, based on volume at the curb, with fees covering the full cost of collection and disposal. Many systems today fall somewhere in between, although there has been a discernable shift in recent years towards user -pay. Appendix `B' provides a sampling of municipalities or districts across Canada, with summary information on waste management models used. You will note the diversity of approaches and costs. A user -pay service model, if that decision is taken by Council, must allocate service costs fairly and equitably among service customers, while at the same time continuing to meet the overall service needs of the community. A change to user -pay, if and when made, should be made directly to the system that will be most effective for Saint John over the long term. An approach needs to be developed, its implementation well planned and carefully scheduled, and a dialogue undertaken to prepare the community. The City needs to get it right — the first time. Given past experience, not all affected citizens will take readily to major change in the solid waste service. There will be costs (implementation, administrative, community goodwill, and time) associated with introducing a new system, such that citizens understand its elements, appreciate the rationale for it and, ideally, embrace its implementation. There are basically two options for user -pay: a Bag Tag or Mechanized Cart system Although there are variations, a Bag Tag system typically incorporates two components: a limit on the number of bags picked up (however the service is funded) and additional bags collected only if affixed with a proper tag (sold by the municipality). A Mechanized Cart approach for collection has eligible residents billed for a cart (by size) into which they must place all their refuse. These carts are similar to those currently used to collect compost in the Fundy Region and can be picked up by a mechanical lift attached to the garbage trick. Carts come in a number of different sizes, with billing rates based on container capacity. 292 User Pay Option -Solid iT aste larzagemerzt Service Report to (bnmrori Council, Ill & C 2009 -252 September 10'', 2009 Pa F <' 17 A comparison of benefits and drawbacks of the Bag Tag and the Mechanized Cart systems are summarized in the table below. • Visibility of cost • Limits on volume • Funding outside of tax bill • Incentive to reduce A • Visibility of cost • Limits on volume • Funding outside of tax bill • Incentive to reduce • Increased collection efficiency due to mechanization and standardization of operations • Reduction in cost due to injuries • Increase in service reliability • Better staff retention and ease of hiring • Cleaner neighbourhoods and streets • Storage capacity and better control of rodents, birds and other scavengers • Capital costs to initially purchase carts (and convert collection vehicles N-,-here a remote pick -up arm is used) A Bag Tag approach would continue to present many of the challenges that currently exist in managing solid waste. As it is difficult to determine the source of bagged refiise, 293 • Greater by -law enforcement effort necessary • Residents or business can pile up their garbage on someone else's frontage for pickup A • Increased tendency to overfill bags, resulting in higher potential for Nyorker injuries • Visibility of cost • Limits on volume • Funding outside of tax bill • Incentive to reduce • Increased collection efficiency due to mechanization and standardization of operations • Reduction in cost due to injuries • Increase in service reliability • Better staff retention and ease of hiring • Cleaner neighbourhoods and streets • Storage capacity and better control of rodents, birds and other scavengers • Capital costs to initially purchase carts (and convert collection vehicles N-,-here a remote pick -up arm is used) A Bag Tag approach would continue to present many of the challenges that currently exist in managing solid waste. As it is difficult to determine the source of bagged refiise, 293 User Pay Option -Solid iT aste larzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P c v e 18 some of the existing issues with illegal dumping or placement of garbage will continue. Alternatively, a Mechanized Cart system could significantly reduce such occurrences: ca Bagged refuse not in a cart will be clearly differentiated ca Violators will not be readily able to mask their garbage because there will be no piles of bagged refuse at curbside ca It will be easier to isolate and identify illegally placed bags The Bag Tag method would also do nothing to address some of the significant challenges facing solid waste service delivery, including relatively high rates of (repetitive strain) injuries and lost time, along with poor retention and attraction of personnel. Current household practices see a variety of packages placed for collection — from small plastic shopping bags to varying sizes and shapes of containers to loose and awkward refuse. We expect that residents would come to embrace a standardized cart system. With adequate public information, ongoing dialogue and carefully planned implementation, citizens will see advantages — easier refuse handling and tidier neighbourhoods. Neither system will stop violators who dump their garbage on back roads or in out of the way places; this will remain an enforcement challenge regardless of the fee system. Capital costs associated with a Mechanized Cart system of collection include the cost of the carts and the cost of modifications to improve fleet effectiveness. These are estimated at $2,150,000 and $480,000 respectively. The latter, although initially optional, reflects conversion to a remote pick -up "helping hand" arm on collection vehicles. A Mechanized Cart user -pay system, supported by a solid implementation plan, an ongoing dialogue in the community and clear diversion expectations, can achieve: ca Lower overall tipping fees as a result of increased waste diversion ca Reduced labour and maintenance costs due to more efficient collection ca Reduced labour and overtime costs due to a reduction in lost -time injuries ca More cost - effective enforcement of illegal placement of garbage To help prepare for broad implementation across the city, we believe a pilot project for two representative routes would be very useful; one of those in a priority neighbourhood. It would help determine anticipated efficiency improvements, a likely distribution of cart sizes, capital cost estimates and appropriate yearly charges. A suitable pilot would also help the larger community, citizens, service providers and the Council gain a better appreciation for the challenges associated with the new approach. 294 User Pay Option Solid iT aste Harzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P c v e 19 POSSIBLE USER -PAY SERVICE MODEL Eligible residential `customers' would be billed for the cost of their solid waste service — probably through the water utility bill. The rate for a household would be dependent on the capacity of the bin involved; something like the charges (estimates) noted below. In addition, each household could be provided up to five `free' bag tags per year to be used for occasional increases in waste volume (i.e. Christmas time or other holidays). The fee stricture would be designed to collect the full cost of providing the residential solid waste service, excluding litter and special activities. Currently, those costs would amount to about $3.8 million distributed across 21,900 households. The costs of purchasing and distributing the carts would have to be appropriately amortized through the fee stricture. There would be no separate charge for waste diversion services such as the compost cart or blue bin recycling facilities operated by the FRSWC. Costs would be recouped entirely through the charges for refuse containers. A service model based on this approach would recognize and benefit those citizens with good solid waste practices. With fair and equitable cost allocation, people who are responsible about their garbage would not be subsidizing those who are not. Residents would be able to see the cost of refuse collection and disposal, and would have a level of control over those costs. Households setting out more waste would pay more; those setting out less would pay less. Combined with a good communications plan and ongoing community consultation, this approach could create a powerful incentive to reduce waste and make better use of the green cart and recycling facilities. RECOMMENDATION It is recommended that Common Council consider the merits of a user -pay funding option for the residential solid waste service and, if it opts for such an approach, direct that a detailed solid waste service strategy and implementation plan be prepared based on the required dialogue with stakeholders and other considerations outlined herein. Respectfully submitted, J.M. Paul Groody, P.Eng. J. Patrick Woods, CGA Commissioner, Acting City Manager Municipal Operations & Engineering 295 User Pay Option -Solid iT aste larzagemerzt Service September 10th, 2009 Report to Common Council, -1I & C 2009 -252 P a v e 110 Appendix `A' Municipalities Act — Solid Waste User Charges The New Brunswick Municipalities Act authorizes municipalities to implement a system of user -pay for solid waste services. 7.1(1) Without restricting the generality of paragraph 7(3) (c), a municipality may in a by -lcnl respecting garbage and refuse collection and disposal (a) prescribe garbage and refuse that ij)ill be collected and that ij)ill not be collected' (b) prohibit the disposal c f certain garbage and refuse, (c) prescribe sorting and packaging requirements, (d) prescribe the terms and conditions of collection and any restrictions on collection, and (e) restrict garbage and refuse collection and disposal to certain classes of real property. 7.1(2) Notirithstanding paragraph 7(3) (b), inhere a municipality regulates garbage and refuse collection and disposal pursuant to a by -law and the by -law incorporates the elements set out in paragraphs(1)(a) to (d), the municipality may recover the cost of the service, or any portion thereof, on a user- charge basis under this section, which may be established on an amortized or any other basis as the municipality shall seem fit. 7.1(3) Money recovered under subsection (2) shall be used only for the purpose of providing a garbage and refuse collection and disposal service, and any sltiphis or deficit realized in any year from the imposition of user - charges for the service Shall be carried f )rirard and credited to or debited from the current fund for that service for the second next ensuing year. 7.1(4) Where used in this section, "user- charge " includes (a) a rate or charge calculated by measuring the units of garbage and refuse being disposed of by a user of the Service, (b) a flat rate or charge imposed on one or more different classes of users of the service, provided that the flat rate or charge is uniform irithin each class, or (c) any combination of the rates or charges described in paragraphs (a) and (b), but does not include 296 User Pay Option -Solid iT aste larzagemerzt Service September 10�'', 2009 Report to Common Council, -1I & C 2009 -252 P ( 'v e 111 (d) a rate or charge calculated by reference to the value of the real property in respect cif which the service is being supplied 7.1(5) A council may by by -law prescribe the terms and conditions for payment of user - charges established under this section in respect to (a) collection and recovery, (b) discounts, (c) prepayment and instalment payment, (d) imposition of penalties for non payment, and (e) proceedings to be taken in de fardt of payment. 7.1(6) Where a municipality provides a garbage and refuse collection and disposal service for which user - charges are imposed, the municipality may by by -law (a) compel the owner of a building, the owner of a mobile home used as a temporary or permanent residence or the oivner of a trailer used as a temporary or permanent residence to use the service, or (b) make a charge to the owner of the land on which a building, mobile home or trailer referred to in paragraph (a) is located zf the service is not used 7.1(7) IYl determining the charge to be made in subsection (6), the municipality shall make its assessment as near as possible to what the user- charge would be if the owner used the service. 7.1(8) A user - charge and any penalty levied under this section is a debt to the municipality and may be recovered by the municipality in a Court of Competent jurisdiction. 7.1(9) A municipality that makes a by -law respecting garbage and refuse collection and disposal may, by by -Jaw and for such purposes, define any word or expression used in this Act but not de flased in this Act. 297 o N O ~ N , ILI U vl bq N N O O N ^U v U U O O U O �i x O CL > O v U p v v p `o 0- w N o E CL l0 t0 a 0 U N E +a)' bD O v _ O rz ro + T Q ro �- v — v ro ro a o -0 o O U zo a° > — v o — v bD a 3E 3 °o � E ° n o c O " o Q ° — = m x v -r p w ','o V U0 O 4/T C U a 7 0 C U a) U O 0 U0 IZ 0 O C t0 w O Y C E ." 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O Z Q 0 V 0 N L 0 °o 'U C 6 .E w N O 0 00 lJJ O. 3 N p 0 '06 '0 i C c = U m V O LL W i Ln )2~ Saint John Parking Commission Commimmimnmur |estotionneomemtde Saint John K4&C2O08-279 September 8, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: 11mFnur, City Hall, 1/i6meEtuoe H8m\deVille PoBou1nn/C.P1g71 Saint John, W.B/N�B, EeL4L1 Tel /T61: (508 ) 65e-2897 Fax/T6|6cqpiauc (506) 649-7938 E-mail/ Courriel: pemmg@seio0omu.oa SUBJECT: PURCHASE OF PAY AND DISPLAY PARKING MACHINES AND UPGRADED CREDIT CARD READERS The Saint John Parking Commission (SJPC) is requesting permission from Common Council to purchase five new solar powered pay and display parking machines with upgraded credit card readers for Princess Street which in currently undergoing reconstructed. It is proposed that these parking machines will replace the on-street parking meters on Princess Street (between Charlotte Street and Prince William Street) once the capital work has been completed in early October 2009. As well, the S]PC is requesting permission from Common Council to replace the credit card readers in all of the solar powered pay and display machines in 2009. The cost of the upgrades would be paid over two budget years with half of the cost being paid in 2009 and the remaining half being paid in 2010. The SJPC will replace all of the credit card readers in its off-street parking lots at the same time. The upgraded system consists of the M500 credit card readers that will accommodate the chip credit cards that will be used by all major banks in the future. The Mastercard and Visa credit cards with the new chips will continue to have a magnetic stripe an the back of the cards to ensure that credit cards from countries not using chip technology will still be accepted. ANALYSIS Common Council is being asked to approve the purchase of five (S) solar powered pay and display parking machines at a cost of $16,700 per machine, for a total of $83,500 plus HST In addition, the SJPC is recommending the purchase of forty-one (41) upgraded credit card readers at a cost of $8,350 (installation included), for a total of $157,850 plus HST /$77,000 plus HST in 2O09 and $80,85O plus HST in2D10\. M&C2OO9-278 Page The pay and display parking machines currently used by the SJPC in both on-street and off-street parking |noadens are purchased from Precise Park|imk Inc. For the past several years, we have had a maintenance agreement with this company to maintain an inventory of hardware parts on site to service our equipment in the event ofabreakdown. FINANCIAL IMPLICATIONS Funds in the amount of$75,0O0 were included |n the IQO9 Capital Budget to cover the cost to purchase the solar powered pay and display equipment, and funds in the amount of $75,000 were included im each of the Z0U9 and 2010 Capital Budgets to cover the cost of the purchase of forty-one upgraded pay and display credit card readers. The cost of the pay and display equipmemtis $O3,500, approximately $8,500 over the budgeted amount of $75,000. The cost of the upgraded credit card readers is $77,000 |nZU89,S2,UOQ over the 20O9 budget of $75,000 and $8O,850inZ01(1$G,D5Q over the budget estimated for 2O1O. The error imthe capital budget estimate for this project was the result of underestimating the installation cost of the new credit card readers. VVe estimated a cost ofA],500 per machine and [t should have been $J,85O per machine. RECOMMENDATION: It is recommended that Common Council approve the following: 1. Purchase of five solar powered pay and display parking machines with upgraded credit card readers in the amount of $83,500 plus HST for Princess Street between Charlotte Street and Prince William Street; and Purchase and installation of forty-one credit card readers in 2009 with a payment schedule of$77,000 plus HST |n28O9and $QO,8SD plus HST inZ018. Saint John Parking Commission A n, 6w Beckett Deputy City Manager