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2009-11-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, November 23, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Land Matter 10.2(4)(g) 1.2(a)Property Matter 10.2(4)(c,d) 1.2(b)Legal Matter 10.2(4)(f) 13 Land Matter 10.2(4)(g) 1.4 Legal Matter 10.2(4)(f) 1.5 Nominating Committee 10.2(4)(b) 1.6(a,b) Land Matter 10.2(4)(g) 1.7 Land Matter 10.2(4)(g) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of October 26, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Firefighter's Support of United Way Rat Race (Recommendation: Receive for Information) 5.2 City of Saint John's Benefits Plan (Recommendation in Report) 5.3 Rockwood Park Redevelopment Phase 2 — Electrical Costs (Recommendation in report) 5.4 Public Information Session Sea Street Storm System Improvements (Recommendation: Receive for Information) 5.5 Assignment of Lease Kim's Korean Foods - City Market (Recommendation in Report) 5.6 Acquisition of Additional Laserfiche License for Police (Recommendation in Report) 5.7 Lease of Space City Market (Recommendation in Report) 5.8 Acquisition of Watershed Lands Brawley Lake (Recommendation in Report) 5.9 Renewal of Operating License for Millidgeville Community Centre (Recommendation in Report) 5. 10 Street Naming (Recommendation in Report) 5.11 Residential Infrastructure Assistance 54 Thornborough Development Subdivision (Recommendation in Report) 5.12 Borrowing Resolution (Recommendations in report) 5.13 Proposed Public Hearing Date and Waiving of Rezoning Application Fee Re: 54 Catherwood St and 40 Forest City St (Recommendation in Report) 5.14 Westfield Road Reconstruction Project Amending Acquisition at 2250 Westfield Rd (Recommendation in Report) 5.15 General Specifications - Division 2 Instructions to Tenderers and Tendering Procedures (Recommendation in Report) 5.16 Lancaster Waste Water Treatment Facility Standyby Diesel Generator and Variable Frequency Drives (Recommendation in Report) 5.17 Watermain Cleaning & Lining, Phase 6 (Recommendation in Report) 5.18 Glen Rd and Simpson Dr Extension Cross Culverts (Recommendation: Receive for Information) 5.19 Beach Crescent Meadowbank Drainage Basin Storm System Improvements (Recommendation in Report) 5.20 Infrastructure Funding Application - Westfield Road Reconstruction and Active Transportation Upgrade (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.0 Results of the City of Saint John Citizen Survey - Ipsos Reid 8.1(a) Fire Underwriters Survey Grading Report - Risk Management Services 8.1(b) Fire Services Review -Fire Chief s Report 8.2 Saint John Heritage Development Board 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 69 & 75 Dorchester St. and 29 -47 Sewell St. 9.1(b) Planning Advisory Committee Recommending Zoning Amendment 9.2(a) Proposed Zoning By -Law Amendment 347 -351 Main St. 9.2(b) Planning Advisory Committee Recommending Zoning Amendment with Section 39 Conditions 10. Consideration of By -laws 10.1(a) Third Reading Proposed Zoning By -Law Amendment 986 Manawagonish Rd 10.1(b) Section 39 Conditions 10.2 Third reading By -Law Number M -7 Amendment Re: Parking Zones And the Use of Parking Meters And Pay And Display Machines 11. Submissions by Council Members 11.1 Taxation Review Committee (Councillor Killen) 11.2 Simms Corner Transportation Enhancement Project (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Resolution Re Council's Municipal Plan Committee 12.2 Commissioner of Finance: 2010 Assessment Base Impact 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 23 novembre 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, h6tel de ville 1.1 Question relative aux biens -fonds — alin6a 10.2(4)g) 1.2a) Question relative a la propri6t6 — alin6as 10.2(4)c), d) 11.2b) Question juridique — alin6a 10.2(4)f) 1.3 Question relative aux biens -fonds — alin6a 10.2(4)g) 1.4 Question juridique — alin6a 10.2(4)f) 1.5 Comit6 des candidatures — alin6a 10.2(4)b) 1.6a), b) Question relative aux biens -fonds — alin6a 10.2(4)g) 1.7 Question relative aux biens -fonds — alin6a 10.2(4)g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 26 octobre 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Appui du service d'incendie de Saint John a 1'6gard de la course « Rat Race au profit de Centraide (recommandation : accepter a titre informatif) 5.2 Regime de prestations de The City of Saint John (recommandation figurant au rapport) 5.3 Projet de r6am6nagement du parc Rockwood —Phase 2 — Couts d'61ectricit6 (recommandation figurant au rapport) 5.4 Seance informative publique relative aux travaux de modernisation du syst&me d'6gouts pluviaux de la rue Sea (recommandation : accepter a titre informatif) 5.5 Cession de bail relativement au march6 municipal — Kim's Korean Food (recommandation figurant au rapport) 5.6 Acquisition de permis suppl6mentaires de Laserfiche pour le service de police (recommandation figurant au rapport) 5.7 Bail des espaces au march6 municipal (recommandation figurant au rapport) 5.8 Acquisition du bassin hydrographique du lac Brawley (recommandation figurant au rapport) 5.9 Renouvellement du permis d'exploitation du centre communautaire Millidgeville (recommandation figurant au rapport) 5.10 Attribution de nom de rue (recommandation figurant au rapport) 5.11 Programme d'aide a l'infrastructure r6sidentielle relativement au 54, lotissement Thornborough Developments Ltd. (recommandation figurant au rapport) 5.12 Emprunt par voie de resolution (recommandation figurant au rapport) 5.13 Date propos6e pour la tenue d'une audience publique et annulation des frais relatifs a une demande de rezonage concernant le 54, rue Catherwood et le 40, rue Forest City (recommandation figurant au rapport) 5.14 Projet de refection du chemin Westfield modifiant 1'acquisition d'un terrain situ6 au 2250, chemin Westfield (recommandation figurant au rapport) 5.15 Specifications g6n6rales — Directives de la section 2 relatives aux soumissionnaires et aux procedures d'appel d'offres (recommandation figurant au rapport) 5.16 Installation de traitement des eaux us6es de Lancaster — G6n6ratrice diesel autonome et m6canismes d'entrainement a fr6quence variable (recommandation figurant au rapport) 5.17 Nettoyage de la conduite d'eau principale et programme de revetement int6rieur — phase 6 (recommandation figurant au rapport) 5.18 Projet d'installation de buses horizontales du chemin Glen et au prolongement de la promenade Simpson (recommandation : accepter a titre informatif) 5.19 Travaux de modernisation du syst&me d'6gouts pluviaux du croissant Beach, bassin versant Meadowbanlc (recommandation figurant au rapport) 5.20 Demande de financement de l'infrastructure — Refection du chemin Westfield et modernisation des transports actifs 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.0 R6sultats de The City of Saint John Citizen Survey — Ipsos Reid 8.1 a) Rapport de classement du sondage des assureurs contre les incendies — Services de gestion des risques 8. lb) Etude des services d'incendie — Rapport du chef du service d'incendie 8.2 Conseil d'am6nagement du patrimoine de Saint John 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arret6 de zonage visant les 69 et 75, rue Dorchester et les 29 -47, rue Sewell 9. lb) Comit6 consultatif d'urbanisme recommandant les modifications du rezonage 9.2a) Projet de modification de 1'Arret6 de zonage visant les 347 -351, rue Main 9.2b) Comit6 consultatif d'urbanisme recommandant les modifications du zonage conform6ment aux conditions impos6es par Particle 39 10. Etude des arretes municipaux 10.1a) Troisi&me lecture du projet de modification de 1'Arret6 de zonage visant le 986, chemin Manawagonish 10.1b) Conditions impos6es par Particle 39 5 10.2 Troisieme lecture du projet de modification de 1'Arrete no M -7 concernant les zones de stationnement et l'utilisation des parcometres et des horodateurs 11. Interventions des membres du conseil 11.1 Comite de revision de l'impot foncier (conseiller Killen) 11.2 Projet d'amelioration relatif au transport — coin Simms (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Resolution concernant le Comite pour le plan municipal du conseil 12.2 Commissaire aux finances : Repercussions sur 1'assiette de calcul pour 2010 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance November 23rd, 2009 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 November 23rd, 2009 contains the following items on the agenda: 1.1 Land Matter 10.2(4)(g); 1.2 (a) Property matter 10.2(4)(c,d); 1.2(b) Legal Matter 10.2(4)(f); 1.3 Land Matter 10.2(4)(g); 1.4 Legal Matter 10.2(4)(f); 1.5 Nominating Committee - 10.2(4)(b); 1.6(a,b) Land Matter 10.2(4)(g); and 1.7 Land Matter 10.2(4)(g). Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": (b) "Personal Information" (c) "information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract' (f): "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business ". (g) "litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal" 0) "labour and employment matters, including the negotiating of collective agreements ". Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk 95 -1 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /1-E 26 OCTOBRE 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — OCTOBER 26, 2009 - 6:30 P.M. Present: Deputy Mayor Chase and Councillors Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan, and Titus -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; D. Scribner, Police Inspector; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order — Prayer Mayor Court called the meeting to order and Pastor Clayton Misner offered the opening prayer. 2. Approval of Minutes On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the minutes of the meeting of Common Council, held on September 28th & 291H 2009 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the agenda of this meeting with the addition of item 13.4 Committee of the Whole: I.A.F.F Local 771 v. The City of Saint John In the Matter of a Grievance Concerning the Terminating of Disability Pensions be approved. Question being taken, the motion was carried. 3.1 Thank you to Council from Green Feet Committee Anne McShane, representing the Green Feet Committee, thanked Council for the funding that was provided through the Saint John Commmunity Arts Funding program and she acknowledged Nate Guimond as being the winner of the Bring Your Own Bags art contest. 4. Disclosures of Conflict of Interest 95 -2 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 5.3 That the E. Teed letter dated October 22nd, 2009 regarding Destination Saint John be received for information. 5.4 That the F. Rodgers letter dated October 20th, 2009 regarding the recent Walsh settlement be referred to the City Solicitor and the Police Commission. 5.5 That the Enterprise Saint John request to present the 2009 Work Plan Update and 2010 Work Plan Highlights be referred to the Clerk to schedule. 5.6 That the proposal entitled 2009- 088002P City of Saint John — Website Redesign, be awarded to ISL in the amount of $89,500; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That Contract 2009 -33: Crack Sealing — 2009, be awarded to the low tenderer, Road Savers Maritime Limited, at the tendered price of $48,025.00, as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That The City of Saint John subdivide and sell a 10 acre +/- portion of PID number 335919 to Mr. Robert Hoy for $10,000 plus HST, if applicable, on or before November 30, 2009, and further that the Mayor and Common Clerk be authorized to execute any document or plan necessary to effect the transfer. 5.9 That Common Council schedule the public hearings for the rezoning applications of the Saint John Parking Commission (29 -47 Sewell Street and 69 -75 Dorchester Street) and Anron Inc. (347 -351 Main Street) for Monday, November 23, 2009 at 7:00p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.10 That the tender for pavement reconstruction at Fire Station #2, be awarded to Debly Enterprises Ltd., in the amount of $54,692.00, including taxes. 5.11 That The City of Saint John accept the quote submitted by ITS Fleet Maintenance to repair / rebuild a 1988 Vohl Snow Blower Attachment #703 -1, at a cost of $29,729.80 plus HST. 5.12 That Common Council authorize the expenditure of an additional $2,250.19 to Gorman Nason in exchange for legal services rendered to represent the Planning Advisory Committee at the Appeal Board hearing for 117 Carleton Street. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried 6. Members Comments Council members commented on various community events 7. Proclamation 95 -3 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 105 Mountainview Dr 9.1(b) Planning Advisory Committee Report — 105 Mountainview Dr The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 105 Mountainview Drive, having an area of approximately 3270 square metres, also identified as being a portion of PID number 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 20th, 2009 meeting at which the Committee recommended the rezoning of a parcel of land at 105 Mountainview Drive as described above. 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 favour of the re- zoning with no one presenting. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED 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 3270 square metres, located at 105 Mountainview Drive, identified as being a portion of PID number 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential, 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 ". On motion of Councillor Farren Seconded by Councillor Snook RESOLVED 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 3270 square metres, located at 105 Mountainview Drive, identified as being a portion of PID number 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential, 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 ". 9.2 Proposed By -Law Amendment to Stop Up and Close a Portion of Public Street Between Harding Street West and Fairville Boulevard The Common Clerk advised that the necessary advertising was completed with regard to 95 -4 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 Seconded by Councillor Killen RESOLVED that the by -law entitled, "A Law to Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of a Public Street between Harding Street West and Fairville Boulevard by adding thereto Section 207 immediately after Section 206 thereof, be read a first time. Question being taken, the motion was carried Read a first time by title, the by -law entitled "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of a Public Street between Harding Street West and Fairville Boulevard by adding thereto Section 207 immediately after Section 206 thereof, be read a second time. Question being taken, the motion was carried Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment — 72 Broad Street On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 72 Broad Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on December 7th, 2009 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 10.2 Third Reading Proposed Municipal Plan and Zoning Amendment 274 Sydney Street On motion of Councillor Titus Seconded by Councillor Mott RESOLVED that the by -law entitled "By -Law Number C.P. 105 -29 A Law to Amend the Municipal Plan By -Law, amending Schedule 2 -A and 2 -C the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID number 55153423, from Open Space to Approved Commercial Development classification; and by adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "t) a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID number 55153423 ", be read. Question being taken, the motion was carried. 95 -5 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 classification; and by adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "t) a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID number 55153423 ", 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. 105 -29 A Law to Amend the Municipal Plan By- Law." On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled "By -Law Number C.P. 110 -123 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 2500 square metres, located at 274 Sydney Street, also identified as PID number 55153423, from "P" Park to "B -2" General Business, pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -123 A Law to Amend the Zoning By -Law of the City of Saint John" was read in its entirety. On motion of Councillor Titus Seconded by Councillor Killen RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 2,500 square metres located at 274 Sydney Street, also identified as PID number: 55153423, be subject to the following conditions: a. The use and development of the property be restricted to business offices; b. That, prior to the issuance of the required Change of Use Permit, the applicant obtain a Certificate of Approval from the Heritage Development Board for any works proposed for the building or the surrounding site; c. That the site be developed only in accordance with a detailed site plan submitted by the applicant and subject to the approval of the Development Officer; d. That the number of off - street parking spaces provided be in accordance with the minimum standards in the Zoning By -Law and be located to the satisfaction of the Heritage Development Board. The details of the spaces are to be provided on the site plan referred to above; e. All parking areas and driveways be paved with asphalt, and all paved and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; 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 six (6) months from the issuance of a Change of Use Permit for the development. Question being taken the motion was carried. On motion of Councillor Titus 95 -6 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -123 A Law to Amend the Zoning By -Law of the City of Saint John." 10.3(a) Third Reading Zoning By -Law Amendment — 202 St. James Street West 10.3(b) Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Mott RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -124, 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 470 square metres, located at 202 St. James Street West, also identified as PID number 00367706, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -124, A Law to Amend the Zoning By -Law of The City of Saint John, was read in its entirety. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land located at 202 St. James Street West, also identified as PID number 00367706, be subject to the following conditions: a. That in light of the deteriorated condition of the property, a plan for the securing of the property throughout the renovation period be provided and approved by the Building Inspector; b. That the developer provide a Storm Water Management Plan for approval by the Municipal Engineer; c. That the developer provide an engineered plan for development of the driveway to ensure no damage is done to the neighbouring property from improper drainage. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -124, 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 470 square metres, located at 202 St. James Street West, also identified as PID number 00367706, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act, be read a third time, enacted, and the Corporate 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 -124, "A Law to Amend the Zoning By -Law of The City of Saint John." 95 -7 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 Question being taken, the motion was carried (Councillor McGuire reentered the meeting) 8. Delegations /Presentations 8.1 Council of Canadians: Blue Communities Project Referring to a submitted report, Meera Karunananthan, National Water Campaigner for the Council of Canadians, updated Council with respect to the Blue Communities Project and she requested that The City of Saint John: 1) recognize water as a human right; 2) Phase out the sale of bottled water in municipal facilities; 3) declare itself to be P3 -free in the area of water and wastewater services; 4) promote source -water protection through a conservation strategy. 11.2 Location of Blue Bins (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Acting City Manager submit a report to Council no later than November 26, 2009 outlining a strategic and permanent location for the city's blue recycling bins. Question being taken, the motion was carried. 11.3 Highway 100 (Fairville Boulevard —Simms Corner— Bridge Road Corridor) (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted report from Councillor McGuire entitled Highway 100 (Fairville Boulevard — Simms Corner— Bridge Road Corridor) be received for information. Question being taken, the motion was carried. 11.4 Challenging Properties in West Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the Acting City Manager submit a report to Council by November 23, 2009 outlining the City's options with respect to working with the property owners of 1081 Manawagonish Road and Kierstead Road with the goal of enhancing both of these properties. Question being taken, the motion was carried. (Councillors Higgins and Snook withdrew from the meeting) 12. Business Matters - Municipal Officers 12.1 Acting City Manager: Winter Management Plan for Streets and Sidewalks 95 -8 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 4) Prohibit the dumping of snow and ice on public streets and sidewalks, as outlined in the submitted report, as a policy of Common Council, and be prepared to adopt associated by -law changes; and further 5) That a special meeting, with public input, be scheduled with respect to the winter management plan for streets and sidewalks. The Deputy Mayor requested that the Commissioner of Municipal Operations appear before Council to present the winter management plan for Saint John. Referring to a submitted report and presentation, the Commissioner of Municipal Operations updated Council with respect to a winter management plan in Saint John and he responded to questions from Council members. On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that Common Council: 1) Endorse the general direction set out in the updated Winter Management Plan for streets and sidewalks and recognize the principle of shared responsibility; 2) Adopt the structure of priorities for winter operations, proposed street plowing objectives, proposed winter sidewalk objectives and the snow removal guidelines, set out in the submitted report, as policies of Common Council; 3) Adopt Winter Street Parking Restrictions, as set out in this report, as policy of Common Council, and be prepared to adopt associated by -law changes; and 4) Prohibit the dumping of snow and ice on public streets and sidewalks, as outlined in the submitted report, as a policy of Common Council, and be prepared to adopt associated by -law changes. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that Council direct the Acting City Manager to ensure that a public education /communication strategy is developed and implemented with respect to the winter management plan for streets and sidewalks. Question being taken, the motion was carried. 12.2 Acting City Manager: Sick Leave Report Referring to a submitted report, J. McIntyre, Manager of Human Resources, updated Council regarding sick leave usage within The City of Saint John and he responded to questions from Council members. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the Acting City Manager be directed to submit a report to Council on an annual basis with respect employee sick leave within the organization and the strategies that have been implemented to address this issue. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire 95 -9 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /LE 26 OCTOBRE 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council authorize staff to proceed with finalizing the design of Long Wharf Lift Station # 10 on the Harbour Station parking lot site, on the parcel identified by PID number 00040048 owned by The City of Saint John, as outlined in the submitted report and to issue a tender for construction of the facility at that location. Question being taken, the motion was carried. 12. 4 Acting City Manager: Emera Clean Up Approvals On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that The City of Saint John accept the condition of remediation of the Emera Brunswick Pipeline Company Limited Easement in PID number 415208 and further that the Mayor and Common Clerk be authorized to execute the corresponding Emera Pipeline Clean -up Approval. Question being taken, the motion was carried. 12.5 Acting City Manager: Container Recycling at City Facilities On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the report entitled Container Recycling at City Facilities be received for information. Question being taken, the motion was carried. 13. Committee Reports 13.1 Fundy Region Solid Waste Commission: Proposed Operating Budget for 2010 On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the report entitled Submission of Proposed Operating Budget for the Year 2010, be received for information. Question being taken, the motion was carried. 13.2 MPNU Association Requesting Council Rescind Wage Freeze Imposed on Management Group On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from the MPNU entitled Rescinding of Wage Freeze Imposed on the Management Group be received for information. Question being taken, the motion was carried. 95 -10 COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 26, 2009 /1-E 26 OCTOBRE 2009 Question being taken, the motion was carried. 13.4 Committee of the Whole: I.A.F.F Local 771 v. The City of Saint John In the Matter of a Grievance Concerning the Terminating of Disability Pensions On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Solicitor or his designate is hereby authorized and directed to commence and proceed with an application for judicial review of the Arbitration Award dated August 10, 2009 respecting a grievance filed by I.A. F. F. Local 771. Question being taken, the motion was carried with Councillor Farren voting nay. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment The Deputy Mayor declared the meeting adjourned at 9:30 p.m. Mayor /maire Common Clerk /greffiere communale UnibledWag serving Saint John, Kings and Charlotte 61 Union Street 21,11 floor Mayor Ivan Court and City Council Salnt John NB E21_ 1A2 15 Market Square PO Box 1971 Tel: (506) 658-1212 Saint John NB E2L 41_1 Fax: (506) 633-7724 e-mail: sj.unitedway@nb.aibn.com November 16, 2009 Your Worship and City Councillors: Re: Saint John Firefighters' support of United Way Rat Race On Wednesday September 16, 2009, the United Way held its "Rat Race", a new special event this year that made its way through the uptown corporate world. Fifteen teams of 4 took part in this wacky race, completing obstacles and games to earn points. To add to the fun, teams created rat-related costumes and names that were in fact, quite "cheesy" but hilarious! Various groups sponsored prizes for the event, and we wanted to give special mention to the Saint John Firefighters for generously sponsoring Sea Dogs tickets, won by draw by the Ernst Et Young team - the RaggedEY Rats, to their pleasure! The event raised awareness of United Way and over $5,800 towards the Annual Campaign to help improve quality of life in our community. People are talking about taking part again next year, and we'll be creating new games and obstacles, so it will be fair game for everyone. Yours truly, Elizabeth Jadoo Executive Director IF. And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: City of Saint John's Benefits Plan BACKGROUND The City of Saint John's Benefit Plan currently has six benefit carriers to provide Employees and Retirees their benefits. The Benefits are available for both Active and Retired Employees and the cost sharing of these benefits varies by group. In February 2008 The City of Saint John authorized Luedey Consultants Inc. (LCI) to conduct a review and analysis of the City's current Employee and Retiree benefits plan. The purpose of the study was to conduct a complete analysis of the competitiveness of the Benefit levels; review the Underwriting and Funding arrangement; review the current agreements with our Service Providers; review our internal and external benefit administration processes and review communications. The last time we had a complete review was in 1999. It is a norm in the industry and an Employers responsibility to exercise its due diligence ensuring the users and contributors of the plans are and continue to receive the most competitive rates and services the providers in the industry have to offer. The fact the current benefits programs have been in place since 1999 raises questions as to if they are in fact the most competitive today. The key findings and observations of the review were as follows: • There are six (6) different Insurance Carriers 1 Claims Payors involved with City of Saint John's program. • There is no "online" plan administration system or "online" member site used with any of the current providers. • With fewer providers, the City of Saint John administration can be streamlined, thus eliminating some duplication and reducing the potential for error. • Overall, the City of Saint John's Plan Design is competitive as far as Benefit Levels are concerned. 19 • The underwriting of the Plans was within normal practice, although there was room for formalizing the agreements and setting a more formal approach in dealing with rating; underwriting; ownership ofsurplus /deficits, etc. Given the observations and recommendations of the Luedey Report it was determined, by staff, that it was in the City's best interests to go to market with a comprehensive Call for Proposals. The RFP document was created by Luedey Consultants with input from City Staff; Human Resources and Materials Management and approved to go out to Market in April 2009. An Evaluation Committee was developed to review the results of the submitted proposals. The Committee consisted of representatives: • Manager Materials & Fleet Management — Dave Logan • Human Resources — Katherine Lockhart • Human Resources Manager — John McIntyre • Commissioner of Finance — Greg Yeomans • Luedey Consultants - Bill Luedey and Parnell Houweling The deadline for submitting proposals was May 28`h, 2009, in response fifteen service providers', including some of the incumbent service providers, submitted proposals for all or a portion of the City's benefits plan. ANALYSIs The proposals received were reviewed by the Evaluation Committee and LCI with an emphasis on Pricing, Services and overall Product Offering. Based on the results of the RFP, it was agreed by the Evaluation Committee to limit the interviews to Manulife Financial, American Home (AIG) and MHCSI. While there were other options or Service Providers that could be considered, these three (3) Service Providers overall offered the best solutions from a financial point of view, service standards and added value. The estimated total annual savings (during the rate guarantee period) using these Service Providers would be approximately $240,000. In addition, Manulife Financial offered a retroactive rate adjustment from January 1, 2009 to September 30, 2009 to the Basic Life rate which would produce another savings of approximately $175,000 +1- on the basis that confirmation is provided to Manulife Financial before December 1, 2009 that they would be awarded all benefits excluding Prescription Drugs, AD &D and Travel benefits with an effective date no later than March 1, 2010. The $175,000 savings is a "one time" only savings or credit. The majority of savings is realized as a result of the coordination of a number of benefits with a common carrier. The Employers share of savings is seventy -five percent and the employee's savings is twenty —five percent. Under the proposed arrangement Manulife Financial would be the insurer and 1 or the claims administrator of the Group Life, Optional Life, Extended Health and Dental Benefits. Prescription Drug and Travel Insurance would remain with the current carriers N 20 (MSCSI) and the Basic and Voluntary Accidental Death & Dismemberment would be transferred to American Home. SUMMARY OF THE QUOTES FROM THE SHORT LISTED PROVIDERS American Home (AIG) Accidental Death and Dismemberment and Travel Benefits ■ Quoted basic accidental death & dismemberment rates 40% less than our current rates and proposed rates are guaranteed for 28 months from March 1, 2010 • AIG's quoted rates give an annual savings of $23,500.00 for Basic Accidental Death and Dismemberment Insurance and an annual savings of $5,700.00 for the Voluntary Basic Accidental Death and Dismemberment insurance (100% employee paid benefit) ■ Quote includes 18 improvements to the loss schedule with 8 new benefits including a Heart Attack benefit for firefighters and a Cosmetic Disfigurement (bum) benefit for all employees ■ Travel rates guaranteed for sixteen (16) months from March 1, 2010 Manulife Financial Basic Life, Optional Life, Extended Health (excluding prescription drugs) and Dental Benefits ■ Quoted basic life rates with a reduction of 37% of current rates giving approximately an annual savings of $236,000.00. • Manulife agreed to apply the quoted Basic Life rates retroactively from January 1, 2009 to September 30, 2009 giving a further "one time only" savings of $175,000 +/- based on market study volumes if the new plan was confirmed prior to December 1, 2010. • Quoted life rates are guaranteed for 28 months from October 1, 2009 • Quoted expenses and retentions are guaranteed for 36 months from March 1, 2010 • Manulife allows for reimbursement of claims through their website with automatic direct deposit ■ Preferred provider networks available for vision care and hearing aids ■ Manulife will establish assignment of benefit arrangements based on current arrangements with current claims payor as well as other Service Providers ■ Included in proposal is a three thousand dollar $3000.00 transition allowance to be used for communication and travel costs 21 Managed Health Care Services Inc. (MHCSI) Prescription Drug Benefit There is no change. MHCSI provides the most competitive rates in the industry with relation to prescription drugs Expenses guaranteed for sixty (60) months from March 1, 2010 CONSIDERATIONS TAKEN/ POSSIBLE CONCERNS Currently the members have the option for walk -in claims on extended health benefits (plus dental claims if the provider does not offer assignment) at Belmont Financial. By transferring these benefits to Manulife Financial, this walk -in service would no longer be available. Members would be required to either mail - in claims expense for a refund or use the Manulife Financial online claims payment service with bank deposit. Manulife Financial estimates approximately 10% of the estimated $400,000 in Extended Health claims would be affected. We have followed up with Manulife regarding this and what solutions they can provide to make the process as close to mirroring the current process in place for the Extended Health and the Dental benefits. A walk -in service would not be available however Manulife Financial will set up assignment with Service Providers in the Saint John area for the City of Saint John. 2. Currently our retired employees over the age of 75 have the walk -in service of Belmont Financial for their out -of- province -travel benefit. The proposed service would refer our retired members over the age of 75 to deal directly with American Home. There have been approximately 60 requests since 2002. INPUT FROM OTHER SOURCES The City of Saint John's Benefits Steering Committee reviewed the Luedey Report and the Request for Proposal was discussed. The recommended changes in carriers were reviewed with the Benefit Steering Committee. The benefit plans are detailed in each of our three collective agreements and can only be changed by mutual agreement; it is not our intention to make any alterations to these plans only to obtain a better value from our carriers. The standard of service of our current health care providers is very high; before making a recommendation to Council it was important to research the level of service this company Manulife Financial provides. The Human Resources department researched Physicians, Dentist, Chiropractors, Physio Therapist and various other providers in the Saint John area for feedback on their experience with Manulife Financial. As anticipated there were both positive and negative comments provided. While the negative comments were minor in nature, the committee believed it necessary to pursue any issues prior to making a recommendation. To this end a follow up meeting was held with the bidder and as a result the committee has 4 22 confidence in Manulife's ability to deliver a professional and cost effective program that will benefit both the City and the members of the plan. As a result of this Quality of Service Review, Manulife Financial has agreed if awarded the contract to establish an assignment of benefit networks. This was mentioned as a possible concern and this approach will alleviate the negative effect of not having walk -in claim services, while ensuring the City of Saint John is receiving the best possible service available. INPUT FROM MATERIALS MANAGEMENT While the creation and distribution of the Proposal Call Documents was undertaken by others, your Purchasing Agent has been an active participant in this review and bid process. At this time I wish to provide Council with assurances that the bidding was in keeping with the requirements of open and fair public competition with all parties who wished to participate being given an equal and unbiased opportunity to do so. The bid document, a formal Request for Proposals was created in such a fashion as to allow for competitive bidding. The bids once received were evaluated against clearly stated criteria and the final recommendations are those believed by the Evaluation Committee to provide the standard of service requested at the best possible cost. RECOMMENDATION It is recommended Common Council award the City of Saint John's Benefits contract to the following service providers: AIG, Manulife and Managed health Care Services Inc. and; That the City Solicitor be directed to review all necessary documents for legality and form and; That the Mayor and Common Clerk be authorized to sign any required contract documents. Respectfully submitted, 23 REPOR,r TO C,OMMOIN :COUNCIL November 23, 2009 His Worship Mayor Ivan Court And Members of Common Council: MIR 'rhe city of saint John SUBJECT: Rockwood Park Redevelopment Phase 2 — Electrical Costs BACKGROUND: At the August 4, 2009 meeting of Common Council, staff were "directed to complete the design and tendering for Phase 2 Rockwood Park Redevelopment". That work is currently underway. Further staff were instructed that "such design be structured as one definite project and two possible supplemental projects" due to funding issues: the total works are currently estimated at $3,450,000, with $1,000,000 of support from The City, and $1,200,000 from Saint John Horticultural Association, leaving a shortage of $1,250,000. Applications for funding support have been made to ACOA through the RInC program, and to RDC. To date no additional supporting funds have been found. ANALYSIS: The Rockwood Park Advisory Committee met on November 10, 2009, in part, to discuss the status of Phase 2 works. Due to the continued shortage of funds needed to complete Phase 2, the committee asked Staff to report to Mayor and Council the estimated costs of undertaking the electrical/lighting components of Phase 2 — the intent being for Council to approach Saint John Energy for financial support towards this project. FINANCIAL: While Rockwood Park Redevelopment Phase 2 is estimated to cost $3,450,000, the electrical/lighting component of that total is approximately $350,000. This is new construction primarily for lighting with some pole relocation, and does not include putting existing overhead wiring underground. 24 I a own LVA I aj 101 g I As per the Rockwood Park Advisory Committee's request, it is recommended that Common Council request financial or in-kind support from Saint John Energy towards completing the electrical/lighting component of Phase 2 of the Rockwood Park Redevelopment. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services J.'Tatrick Woods CGA Acting City Manager 25 M &C2009 -371 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Public Information Session Sea Street Storm System Improvements PURPOSE It Im The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Sea Street Storm System Improvements Project, and to update Council on the status of the project. BACKGROUND The approved 2009 General Fund Program includes a project for a study for storm system improvements and local drainage improvements. A preliminary design report was received from the consultant with recommendations for storm system improvements. Staff accepted the recommendations and the consultant proceeded with detailed design. The needed improvements have been identified in two phases. Funding for Phase I work is included in the 2009 General Fund Capital Program. Partial funding for a possible City share of Phase II may be proposed in a future Capital Program. Phase I will consist of -a new storm outfall installed on Sea Street from Seal View Lane to the Bay of Fundy. Phase II components, with developer participation, could include: - replacing a portion of the storm sewer on Sea Street with a larger diameter storm sewer; - installation of a new storm system on Sea Street to collect storm water from the NB Southern Railway culverts and direct it to the storm sewer installed under Phase I; - installation of a new storm system at the Western end of the Sea Street Estates subdivision to collect storm water from an NB Southern Railway culvert and direct it to the Bay of Fundy; and - installation of some ditches and swales. 26 M &C2009 -371 November 19, 2009 Page 2 ANALYSIS Staff looks forward to the tender closing of Phase I on December 2, 2009. Constriction will begin either immediately following contract award or in Spring 2010 (depending on contractor schedules and weather) and should take approximately four weeks to complete. This is a major project that will impact the local area during constriction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held in the Hilton Belyea Arena (Upstairs), Lowell Street, on Wednesday November 25th, 2009, from 2 -4pm and 6 -8pm. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 27 Z4 Zt : `the 011 crt' 15aftyl. Phn PUBLIC INFORMATION SESSION Sea Street Storm System Improvements Phase I & II The City of Saint John commissioned CBCL Limited to perform a study of the storm water runoff associated with the newly developed Sea Street Estates Subdivision. The report was completed in March of 2009 providing the City with several recommendations to resolve storm water flooding in this area. The City of Saint John has advanced the recommendations of the report and is preparing to complete the construction phases of the project. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The areas affected will be Sea Street from the Railway tracks to the Bay of Fundy, Sea Street Estates and Seal View Lane. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, November 251h, 2009 Place: Hilton Belyea Arena, Lowell Street (Upstairs) Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, Consulting Engineers, at (506) 633 -6650 or contact Municipal Operations & Engineering at (506) 658 -4455 28 M &C- 2009 -377 November 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease Kim's Korean Foods — City Market BACKGROUND: In March of 2005 the City granted the lease of space in the City Market to Linjun Han to operate Kim's Korean Foods in the former Barton's space. The City subsequently approved an Assignment of Lease to 628926 NB Ltd. in March of 2007. Recently the Solicitor representing 646534 NB Ltd. advised the City of his clients' wish to have the lease fiirther assigned. The Deputy Market Clerk met with the principal of 646534 NB Ltd.; Joon Kim and was very comfortable with the prospective purchaser and their business intentions, business acumen and capacity. RECOMMENDATION: That the City of Saint John consent to the Assignment of Lease of Space for Stall C1 from 628926 NB Inc. to 646534 NB Ltd. as per the attached document; and fiirther 2. That the Mayor and Common Clerk be authorized to execute such documentation to give effect to the hereinabove given consent. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 29 J. Patrick Woods, C.G.A. Acting City Manager DONALD G. J. CORMIER LAW OFFICE Hityard Place Ndg. C 600 Main Street, Suite 11 OC Sahit John, NB BARRISTER AND SOLICITOR E2K 1J5 Phone: (506) 6741464 November 3, 2009 Delivered by Hand Brian Irving Real Estate Services Planning & Development City of Saint John Attention: Mr. Brian Irving: Senior Manager Real Estate Services Dear Mr. Irving: Re: Kim's Korean Food- City Market Assigninent of Lease 628926 NB INC. to 6465341`x.& LTD. wfl�°, 'tip As previously advised t am acting 1br 64653411. B, LTD. incorporated September 1, 2009 under the Business Corporations Act of the Province of New Brunswick. My client has entered into an Agreement of'Purchase and sale dated September 21, 2009 with 628926 NB TNC.the Lessee in the above -noted Lease, with the City of Saint John. One of the conditions of the Agreement of Purchase and Sale is for the Lease to be assigned to my client and assented to by the City of Saint John, Enclosed is a draft Assignment of Lease as requested for your perusal, Also enclosed is an Amendment of Lease also for YOUr perusal, As .You rnay recall my client Mr, Joon Myting Kim, president of'646534 N. B. L'T.D. and myself have both rnet with Mr. David Drummond to give him further information as required and I believe he supports the proposed lease assignment.. Please review these enclosures and advise me accordingly as to any other information you may require to present this to the Common Council ofthe City of Saint John for approval by it. Yours trUly, Donald G. J. Cormier Enclosures 011 Im OCT.29,2009 1:38PM OORMAN NASON NO. 577 P, 2 rM. WHERBAS by a Lease dated the I' day of March, 2005, THE MY OF SAINT JOHN, the Lessor named therein, leased to Linjun Man the pre "ses known as Haws Oriental Take-Out, bein-8 a portion of the City Market; 47 Charlotte Street„ Saint John, N, B., more particularly 4exribed in the said Lease, fDr a term of Six (6) years ftm NC,, the Assignor herein, which Assignment was consented to by the City of Saint John; i' 1!1q!1111 I MWIM M 31 OCT,29A009 1:333M GORMAN MASON K 577 P. 3 on= IN WITNESS WHEREOF the Assignor has hereunto executed these presents the day and year first above written. SIGNED, SEALED AND ]AEI II in ale presence of 628926 NB INC, Per 0 W"lwVj!FL#'g "1111112MM, 32 OCT. 29.2009 1:38PM GORMAN NASION 0,577 4 � DONG HO KIM, of the City of Saint John, in the County of Saint John, and Province of New Brunswick., MAKE OATH AND SAY THAT� I I THAT I arn the President of 628926 NB Ino., and as such have personal knowledge of the matters and facts hereinafter deposed to, I THAT I am a signing of authorized to make and execute documents on behalf of the Corapany. 3, THAT the signature "Dong He Xim" subscribed to the aforegoing In4enture is the true and proper signature of me, your deponent 33 I OC1, 29. 2009 1 :118PM GORMAN NASON NO. 577 P. 5 COUNTY OF SAM JOHN LATAN 0510 to 2. THAT the within documentation was executed by me, as President of 6465 N.B. LTD., and by Eun Jeong Yoon, the Secretary-Treas=r of the Comp and we are the signing officers authorized to make and execute documents] MEMEMMU= lliFill !illmwmm" 4 THAT the signature "Run Jeong Yoon" subscribed to the aforegoing Indenture is the true and proper signature of Eun Teoi Yoon, the Secretary- Treasurer of the Company. 5 THAT the sed affixed to the aforegoing Indenture purporting to be the corporate seal of 646534 N3. Ltd., is the corporate seal of the said company and was affixed to the aforegoing Indenture by me and by order of the Board of Directors of the said Cornpany. WIN wi—iiiii-WWWANA this day of October, 2009. BEFORE ME! 34 BY AND lr • m- by Acts of Legislative Assembly of the Province of New Brunswick, hereinafter called the "Lessor" 646534 N.B. LTD., having its registered office at Rothesay, New Brunswick, a body corporate pursuant to the laws of the Province of New Brunswick, "Lessee" on the southernside of the City Market for a term of six (6) years commencing March 1, 2005;and WHEREAS Linjun Han did, as of May 31, 2007, assign to 628926 N.B. Inc. the hereinabove recited Lease and all the benefits and advantages derived therefrom, which Assignment was consented to by the City of Saint John; and WHEREAS 628926 N.B. Inc. did, as of , assign to 646534 N.B, LTD. the hereinabove recited Lease and all the benefits and advantages derived therefrom, which Assignment was consented to by the City of Saint John; and WHEREAS the Lessor and the Lessee intend to vary the provisions of the Lease in the manner hereinafter set out; slM "Kim's Korean Food" substituted in lieu thereof: I b) Deleting frorn the Use of Leased Premises Clause 7,01 (a), "Korean style food includ�ng Korean sandwiches, Korean salads, Korean entrees and soft drinks including Korean Tea." And further by deleting from the Use of Leased Premises Clause "Kim's Korean Food" so that Clause 7,01 (a) will read as follows: 35 2) The Lease as amended shall continue in full force and effect for the remainder of the term of it, IN WITNESS WHEREOF the Lessor and the Lessee have affixed their respective seals, attested by the hands of their respective officers duly authorized on the behalf that day and year hereinbefore first written, 41, � SIGNED, SEALED & DELIVERED In the presence of fil"ZROWSMEXAMIN 03MEMM MM Joon Myung Kim, President IN Eun Jeong Yoon, Secretary 36 91yam, 2. THAT the Seal to the aforegoing instrument affixed is the Comm Seal of the City of Saint John and that it was so affixed by Order the Common Council of the said City. I 3. THAT the signature "Ivan Courf'to the said instrument is the signature of Ivan Court, Mayor of the said City, and the signature "Elizabeth A. Gormley" thereto is my own signature. 4. THAT we are the proper officers to sign the aforesaid instrument on behalf of the City of Saint John, A Commissioner of Oaths Being a Solicitor 37 �..,: :. jill 11 d ?2 »WI? St? # ? «2 d 1 . THAT Iam the President of »»2«i2# L:» (hereinafter called the "corporation") ,n of the parties named in the foregoing instrument and have custody of the corporate seal of the said company and am duty authorized to make this affidavit. 2. . affixed ° a the foregoing nd ©` ».k«, purporting to be the corporate :ea. 42«n© the corporate se2 of the corporation «».«,«<-2 to %!»« instrument by - such President b< order w»the corporation % Mint mom \ \ \k �, « / \«a:\ / ©« Brunswick on this Day of November, 2009 Donald G.J. Cormier A Commissioner of Oaths Being a Solicitor JOONYUNG K 8] REPORT TO COMMON COUNCIL November 23, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of additional Licenses for the Laserfische Application BACKGROUND City of whit john In 2005, Common Council approved the acquisition of an application from IKON Solutions known as Laserfiche. This application, in general, allows for: 1. The preparation and distribution of agenda packages electronically; 2. The preparation of reports electronically; 3. Digital storage and retrieval of agendas and reports. This application is currently used for these and other purposes associated with meetings of Common Council. When purchased it was contemplated that the use of the application would be extended to other Boards, Commission and Committees. The purpose of this report is to obtain additional licenses to the application for use by the Board of Police Commissioners. ANALYSIS The process followed in preparing for meetings of the Board of Police Commissioners is very similar to that used for many years for meetings of Common Council. The preparation and distribution of the agenda packages for the regular and special meetings of the Board involves a significant amount of time for the Board's staff as well as various staff within the Force. This process, in general, is largely `paper based' requiring the photocopying of the various pieces of information and the physical distribution of the `agenda packages' to members of the Board, senior staff and members of the media. 79H Further, the storage and retrieval of the information from the agenda package and the associated minutes is a manual process. The availability and use of Laserfiche will streamline this process significantly while improving and enhancing the storage and retrieval of Board reports, minutes and associated information. FINANCIAL IMPLICATIONS The cost to acquire access to the application and the acquisition of the associated hardware is $42,850.73 plus HST. Funds are available in the 2009 Information Technology Capital Budget to support this expenditure. RECOMMENDATION It is recommended that Common Council approve the acquisition of additional access to the Laserfiche application and associated hardware from IKON Solutions at a price of $42,850.73. Respectfully submitted, Ian MacKinnon Manager, Information Technology Patrick Woods Acting City Manager 40 M & C — 2009- 386 November 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Space City Market BACKGROUND: Shelly Poirier has been operating the Wild Carrot Caf6 in the City Market since the early -mid 1990's. The Wild Carrot has been an over holding tenant over the past several months. Recently Ms. Poirier and the Deputy Market Clerk negotiated the terms and conditions of lease as the tenant looks to renovate the restaurant slightly to improve its fiinction. The negotiated elements are as follows: a term of 7 years, rents are on average $27.00 per square foot over the term, the new rent stricture represents an increase of more than 30% over the existing rates. The tenant is offered an inducement of three months in rent free which is an offset to the work the tenant intends to perform on the space. The tenant is current with respect to its rent obligations. The Wild Carrot has been very successful in building a deep, loyal clientele and helping to create synergy amongst the food offerings in the City Market. A renewal of this tenant's occupancy is viewed very favourably by staff RECOMMENDATION: 1. That The City of Saint John enters into a Lease of Space at the City Market with A Whale of a Caf6 Inc. as per the terms and conditions as contained in the Lease attached herewith to M &C 2009 -386; and 41 Report to Common Council November 20, 2009 Page 2 2. that Common Council give Ist and 2" a reading to the attached "City Market By -Law" whereby section 5(2) is amended to add following Section 5(2)(p ) Section 5(2)(q) Stall D; and 3. further that the Mayor and Common Clerk be authorized to execute the Lease or any other document required to finalize the transaction. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager 42 BY -LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By -law of the City of Saint John entitled "A By -law Relating to the Market In The City of Saint John ", enacted on the 18'" day of May, A.D. 2005 is hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)p: 5(2)q (1) Stall D IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the 23 day of Nov. A.D. 2009 and signed by: Mayor/Maire AR14A NUMERO C -1 ARRETE CONCERNANT LE MARCHE DE I Y. I wool Y WKS] WKYl leo all) 69.lei Le conseil communal de The City of Saint John edicte: L'arrete intitule "Arrete concernant le marche de The City of Saint John" decrete le 18 mai 2005, est modifie comme suit: 1 La modification du paragraphe 5(2) par Fadjonctin de cc qui suit imm�diatement apres Palinea 5(2)p:5(2)q (1) Kiosque D EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrdte le 23 Nov. 2009, avec les signatures suivanted: Common Clerk/Greffier communal First Reading - Nov. 23, 2009 Premiere lecture Nov. 23, 2009 Second Reading - Nov. 23, 2009 Deuxieme lecture Nov. 23, 2009 Third Reading - Troisieme lecture - 43 Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S -12, s.2 The parties to this lease are: 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, the "Lessor" - and — A Whale of a Cafe Inc., having its Head Office at 941 Manawagonish Road, in the City of Saint John, and Province of New Brunswick, E2M 3X2, a duly incorporated company, the "Lessee" The Rules and Regulations attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Date of Commencement: Date of Termination: Payment Dates: Place of Payment: 7 years — 3tme -38, 2016 First day of each and every month during term hereof Cashier's Office City Hall Saint John, NB This lease contains the covenants and conditions which are attached and set out in: (a) Schedule "C"; and (b) Rules and Regulations attached hereto as Schedule "D" DATED at Saint John, NB dC k � L<-- r S-- , 2009. SIGNED, SEALED & DELIVERED In the presence of: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2009. A VATU A IF T- !1i' A r A r,16 TXTZ � 1. j Schedule "A" a LEASE FOR STALL SPACE CITY MARKET SCHEDULE "C" ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2,03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" - Page 2- i. sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by -law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling: If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of rime, the first Lease Year commencing on the Commencement Date and ending on the 31" day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 31St, save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be; n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and A Whale of a Cafe Inc. lease for Stall Space — City Market Schedule "C" RZ Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii, the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D"; u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; A Whale of a Cafe Inc. lease for Stall Space --City Market Schedule "C" - Page 4 - ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stall D are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Six. Hundred Twenty One Square Feet (621 ft'). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of Six Hundred Twenty One Square Feet (621 W). 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease ""A—k _X TO HAVE AND TO HOLD the Leased Premises for and during the term of Seven (7) Years to be computed from July+ 29B9-and fully to be completed and ended on June 30, 2016 save as hereinafter provided for earlier termination. tx—� 1 I L© /fir PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of a) forty-five (45) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty-five (45) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.43, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of ** ( * *) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is Fiven by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" 5- The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a fin-ther one (1) term of five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. ARTICLE HI RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty Seven Dollars ($27.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $1,293.75 monthly ($25.00 per square foot) Year 2 - $1,345.50 monthly ($26.00 per square foot) Year 3 - $1,397.25 monthly ($27.00 per square foot) Year 4 - $1,397.25 monthly ($27.00 per square foot) Year 5 - $1,397.25 monthly ($27.00 per square foot) Year 6 - $1,449.00 monthly ($28.00 per square foot) Year 7 - $1,500.75 monthly ($29.00 per square foot) 3.02 Reports by Lessee NOT APPLICABLE IN THIS INSTANCE 3.03 Audit (Mandatory when rent calculation based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3.04 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.05 Deposit I NOT APPLICABLE The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by A whale of a Caf6 Inc. Cease for Stall Space — City Market Schedule "C" - Page 6 - 3.06 Pre - Authorized Payments/Postdated Cheques The Lessee may participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. In the event the Lessee opts to participate in the pre - authorized payment plan, the Lessee shall sign a form of application which is the same or similar to Schedule "13-1 ", to give full force and effect to the foregoing within five (5) days of presentation. In lieu of the pre - authorized payment plan referred to above, the Lessor shall be entitled to require the Lessee to present at the beginning of each Lease Year a series of monthly postdated cheques for each such Lease Year for the aggregate of the monthly payments of Gross Rent payable on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. ARTICLE IV TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" -Page 7 - If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 0 day of each month during the Term. ARTICLE VII IV0191 bill" ID)a:1W10sl.MAH`41IWuklYY 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole A Whale of a Cafe Inc. Lease for Stall Space— City Market Schedule °C" - Page 8- The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and t,— t6A A;-1— -AnA-- and e;r a (if anvl in the T anuarl Pramivae ,:rP11_lit rinrina tha A Whale of a Cafd Inc. Lease for Stall Space —City Market Schedule "C" 4- f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. if the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to fl— T o ... A Drn.r„ —A tt.e T e we'., ___A_+ ,.r r...... «,..... __ ._ .. _ _r �L_ r ----- A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" 10- by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v, a mail order business or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not snake any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall --A •1... 7 .... --- — 1...11 ..l.r..:.. ..11 ......... ,.. a,.—.....,.,.— 1:...........,. --A A Whale of a Cafe Inc. Lease for Stall Space— City Market Schedule "C" -Page I 1 - Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Pi emises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8.06 Rules and Regulations A Whale of a Cafe Inc. Lease for Stall Space— City Market Schedule "C" - Page 12 - 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 1/o) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably ,n4orf rri r. —4h Oho I Nkc 1 --4 Dv.-- —A +t- A Whale of a Cafe Inc. Lease for Stall Space -- City Market Schedule "C" WE c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect and in the names of the Lessee and the Lessor as their respective interests may appear, the following insurance: All -risks (including flood and earthquake) insurance upon property of every description and kind owned by the Lessee or for which the Lessee is legally liable (including, without limitation, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; ii. Broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in the amount of not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air conditioning equipment and miscellaneous electrical apparatus owned or operated by the Lessee or by others (other than the Lessor) on behalf of the Lessee in the Leased Premises; iii. Business interruption insurance in such amounts as will reimburse the Lessee for direct or indirect loss of earnings attributable to all perils insured against by the Lessee hereunder; iv. Public liability and property damage insurance including personal injury liability, tenant legal liability, contractual liability and owners' protective insurance coverage with respect to the Leased Premises and the Lessee's use thereof and the Lessee's use of the Common Areas. Such policies shall be written on a comprehensive basis within inclusive limits of not less than Two Million Dollars ($2,000,000) or such higher limits as the Lessor may reasonably require from time to time with provisions for severability of interest and cross - liability; V. Any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies required to be written on behalf of the Lessee pursuant to this Section 9.01 shall contain the Mortgagee's standard mortgage clause, and shall contain a waiver of any subrogation rights which the Lessee's insurers may have against the Lessor and against those for whom the Lessor is in law responsible, whether any such damage is caused by the act, omission or negligence of the Lessor or those for whom the Lessor is in law responsible. All policies will have deductibles not greater than three percent (3 %) of the amount insured and will be primary and not call into contribution or be in excess of any other insurance available to the Lessor or any additional insureds; c) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates A Whale of a Cafe Inc. Lease for Staff Space -- City Market Schedule "C" - Page 14 - 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, including any additional premium on any rental income insurance policy or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent. 9.03 Lessor's Insurance The Lessor shall at all times throughout the Term carry: (a) insurance on the City Market (including equipment used for the maintenance and operation of the City Market) and the machinery, boilers and equipment contained therein and owned by the Lessor or for which the Lessor has assumed responsibility; and (b) public liability and property damage insurance with respect to the Lessor's operations in the City Market; against such perils, in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a reasonably similar city market, having regard to size, age and location, as determined by the Lessor from time to time, and shall also carry such other form or forms of insurance as the Lessor reasonably considers advisable including but not limited to rental income insurance. Notwithstanding the Lessor's covenant herein and the Lessee's contribution to the cost of the Lessor's insurance premiums: (i) the Lessee is not relieved of any liability arising from or contributed to by its negligence or its wilful acts or omissions; (ii) no insurable interest or other benefit (including an implied waiver of subrogation from the Lessor's insurers) is conferred upon the Lessee under the Lessor's insurance policies; and (iii) the Lessee has no right to receive proceeds from the Lessor's insurance policies. 9.04 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from anv claims arisine out of anv damages to the same. including_ without A Whale of a Cafe Inc. Lease for Stall Space— City Market Schedule "C" - Page 15 - the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect: a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3rd) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X A Whale of a Caf6 Inc. Lease for Stall Space — City Market Schedule "C" - Page 16 - ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer described in Section 12.01(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be A Whale of a Cafe Inc. Lease for Stall Space -- City Market Schedule "C" 17- contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIII DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re -Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; A Whale of a CaftS Inc. Lease for Stall Space - City Market Schedule "C" - Page 18 - any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Tenn shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. A whale of a Cafd Inc. Lease for Stall Space— City Market Schedule "C" - Paee 19 - ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of i, one and one half (1 '' /z) times the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" - Nee 20 - 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: CIO The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office c/o Shelley Poirier, 941 Manawagonish Road, Saint John, New Brunswick, E2M 3X2. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 1414 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence A Whale of a Cafe Inc. Lease for Stall Space — City Market Schedule "C" 21- 14.15 Basement Storage Space Where the Leases Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby agrees to release and indemnify and save harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines. 14.19 Rent Free Period The Lessor and the Lessee agree so long as the Lessee is not in default under the Lease, the Lessee will not be responsible for Gross Rent for the period from and including Ju4 -4 - 288 *to and including September 'Ltl, JW9- Utilities, Promotion Funds/Merchants' Association Dues a#Tayab le during the Rent Free Period., �4 SCHEDULE "D" RULES AND REGULATIONS All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises, 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows; a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so it SCHEDULE "D" RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally - illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided suns. Thev may nnly he lncated At a hemA nnet AMI m „et 1— r4, i n., f oro. A - .,1- -- mt e.. L-11 qr SCHEDULE "DI" APPLICATION FOR AGREEMENT HEAD OFFICE OR PROPRIETOR'S NAME ACCOUNT RECEIVABLE NUMBER STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES STORE ADDRESS DATE OF LAST PAYMENT HEAD OFFICE ADDRESS BANK ACCOUNT NUMBER TRANSIT NUMBER BANK AND BRANCH NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS SIGNING OFFICER SIGNATURE REQUEST FOR PRE - AUTHORIZED PAYMENTS I authorize {hereinafter referred to as the "Company' And /or to debit the account of the undersigned maintained with the financial institution indicated above, monthly, in accordance with the PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above. "PLEASE ENCLOSEAN UNSIGNED SAMPLE CHEQUE FROM YOUR BANK OR TRUST COMPANY" AUTHORIZATION TO HONOUR PAYMENTS NAME OF BANK ADDRESS You are hereby requested and authorized to pay and debit my/our account at your office or at IV SCHEDULE "'W" -2- If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA). Any delivery of this authorization to you will constitute delivery by the undersigned. (The signature appearing below must be the same as the signature appearing in the signature file of the financial institution identified above.) DATE: AUTHORIZED SIGNATURE(S) M & C — 2009 -387 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Watershed Lands Brawley Lake BACKGROUND: Over the past two years staff has been working with the heirs to the Nellie Fowler Estate to acquire its lands holdings within the City's watershed. The Nellie Fowler Estate contains approximately 144 acres of land within the watershed limits as well as additional lands outside of the watershed limits. The Fowler's originally intended to sell its holdings in their entirety however as discussions progressed it appeared the heirs would entertain an exchange of City owned lands outside of the watershed limits in conjunction with reduced monetary compensation than originally contemplated. The City has approximately 89 acres of land outside of the watershed limits which the Fowler's are prepared to accept, forming part of the agreement. The Fowlers also require an easement along a former logging road which traverses City lands outside of the watershed to access a portion of the lands they receive in the exchange. This right of way would run with the land but be limited to a use of harvesting trees or recreation, not for development purposes. As stated, the City would receive 144 acres +/- from the Nellie Fowler Estate, contained in two parcels. Nine (9) + / -acres are within the Provincial setback of 150 meters and are valued at $6,000 per acre while the residual 135 acres receive a value of $750 per acre. These values are derived from appraisal work commissioned by the City in 2005 and adjusted for inflation and market movement. The City would in turn convey 89 +/- acres valued at $330 per acre, contained in 4 parcels. Again this value was derived from appraisal work received FA Report to Common Council Page 2 November 19, 2009 on very similar lands in 2008. The net result is the City would exchange its lands and $125,765 plus HST if applicable for the Fowler lands under the terms and conditions contained in the attached agreement. Staff has also indicated it is prepared to facilitate and pay for the necessary subdivision work. These parcels are very long and as such very time consuming to delineate. Terrain has budgeted $16,000- $17,000 for the necessary survey work. It is in the City's best interest to single source the survey work rather than share the responsibilities so it will control the timeliness and accuracy of the survey work required. Staff has prepared an agreement (attached) which is executed by the heirs of the Fowler Estate and subject to council's approval which reflects the intention of both parties. RECOMMENDATION: I . That Common Council resolves to exchange lands with the Nellie Fowler Estate under the terms and conditions in the attached agreement, and further 2. That the City of Saint John engages Terrain Group Inc. to perform the necessary survey work and plans required to effect the exchange, and further 3. That the Mayor and Common Clerk be authorized to execute any document or plan required to finalize the exchange. Respectfully submitted, Ken Forrest, MCIP Commissioner Planning and Development Attachment 72 Terrence Totten, F.C.A. City Manager PACE 02103 Agreement for the Damascus, Kings County, , 2009. EETWEEN: The Exchange: Exchange of Lands at Brawley Road in New Brunswick dated the day of The City of Saint John, (the City) Of the One Pert -and- Arlene MacKenzie and Maruyn Whalen, in their capacity as Executoms and Trustees of the F-State of Nellie Fowler, (the Estate) Of the Other Pail 1, The parties have agreed to exchange certain lands and premises in the vicinity of the Srawley Road at Damascus, Kings County, New Brunswick. Thai exchange 'shall be upon the terms and conditions set out , in this Agreement. 2. (i) The parties shall convey to the Estate their respective interests in Lots 09 -1000 and 09-1001 siiaum on Schedule "a" hereto and the City shill convey to the Estate a light of Way fifteen (15 M) metres wide for access to Lot 09 -1000 between the Brawtey Load and Lot 09 -1000 through City lends designated by Pip #30128870 over the existing roadway substantially as shown on Schedule "A" hereto; such access by That and vehicle is for permitting the Estate to use Lot 09 -1000 for recreational or harvesting (wood) purposes only, provided that costs incurred in constructing, maintaining and repairing the sald Right of Way shall be borne exclusively by the Estate; (11) The parties shall convey to the City their respective interests in Lots 09 -1002 and 09 -1003; and (iii) The City shall, at Closing, Pay to the Estate the sum of One HUhdred Twenty (Five Thousand Seven Hundred Sixty Fine Dc IMS ($125,786,00). 73 S0 /Z0 39dd 30IJJ0MV-110ZN3A SSLEZE8909 8Z'10T 6002 /GT /TT vr-NLU UF'FrcE The Terms: 'l. The Closing shall be can or before January 29, 2010 (the Closing Date). The closing of the exchange shall take plane on the Closing Date At the City 80licitnr's Office, Saint John, New Brunswick, or at such other place as may be agreed upon. 2. Fach party shall have good and marketable title to its own lands tie and clear of all enournbrances. Neither party shall call for production Of arty We deeds, abstracts, surveys, building location certificates, or other evidence of We except such as are in each respective owner's possession. Up to closing each party may examine Me to the others lands at the examining party's expense. If within that tune- any valid objection to tits is trade in wrtting to a party which said party shall be unable or unwilling to remave ,withih ten (10) days of notification of the said objection(s) and which the other party will not waive, this Agreement shall, notwithstanding any interrnedlate acts or negotiations in respect of suOh ttbjectiOns, be gull and void, and neither party shelf be liable for any of the ether party's costs or damages. Save as to any valid ol�ecHon so made within such time each party shall be conclusively deemed td have accepted the title to the other party's lands. :3. Property taxes shall be adjusted as of the Closing Date, 4. Harmonized Sales Taxes (HST) shall be payable In respect of this transaction in accordance with the Excise T, Act,(Canada). The City is roglstered for the purposes of HST imposed under the Act having the HST #R122681158. 5. The Fstate ;hall pay Land Transfer Tax on the registration of the conveyance of Lot 09 -1000 and Lot 09- 1001. 0. Prior to the Closing Data each party shall, at its awn expense, migrate to the rand Titles system the title to other party,,% lands not registered under the Land piles Act. Bach party shall forward to the other's solicitor at least ten (10) business days prior to the closing Date a completed Farm 1(Applioation for First Registration) and at closing a registerable I~orrn 13 (Transfer). 7- Other than as provided for herein, all crate and expenses incurred in connection with this Agreement and the transactions contemplated herein shall be paid by the. party Incurdng such expense. The City shall pay for all surveyor's costs, PAGE 03/85 74 50/60 39dd 30I.830MV-110IN3A 99LEZE8909 8Z :0T 600Z/5T /TT vr-rvtu,LAWUI - DICE PACE 04/05 B. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafker in this section called a "notice ") to a party snail be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other form of recorded communication tested prlor to'tmnsmission to such party: (a) in the case of a notice to the Estate: Lawrence F-, Veniot Venjot Law Office 600 Main Street Hampton, NB E6N 6C4 Facsimile: 506-8:92-375!3 (b) . in the case of a notice to the City at: 15 Market Square R CJ. Box 1971 Saint John, NB E21- 41-1 Facsimile; 506- 674 -4214 A#teritr'on: The Common Clerk or at such other address as the party to whom such notice is to be given shall have We notified the party giving the same in the mariner provided in this section. Any notice delivered to the party to whom it is addressed as hereinbefore provided shalf be deemed. to have been given and received can the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following surh day. Any notice mailed as aforesaid shall be deemed to have been givers and received on the third business day following the date of its mailing. Any notice transmitWd by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 9, The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to corasyammate the transactions contemplated hereby, and each party shall proVidP- such further documents or instruments required by the other party as may be reasonably necessary or dasirable to effect the purpose of this 90/1?0 39Vd 30I3d0Md110IN3A5 99LEZE8909 BZ:0Z 6002/61/ZZ M & C — 2009 November 23, 2009 His Worship Mayor Ivan Court And Members of Common Council: N, , SUBJECT: Renewal of Operating License for Millidgeville Community Centre BACKGROUND: The Millidgeville Community Centre (MCC) is owned by the Province of New Brunswick, School District 48. It has been directly operated by the City of Saint John as a Community Centre from September 1993 when it first opened until 2001. From 2001 to 2004 the Canada Games Aquatic Centre operated MCC on behalf of the City of Saint John. The City, then, entered into an agreement with the YM/YWCA and School District 48 to operate the facility from September 30, 2004 to December 31, 2009. The YMCA submitted a proposal on October 8, 2009 (attached) to operate the MCC for an additional three years from January 1, 2010 to December 31, 2012. The YM/YWCA is offering programs much the same as it does in their other facilities. Most programs are user pay but often those who cannot pay are accommodated as well. Over the past years the YM/YWCA has offered the following programs at MCC: lunch and after school programs, play school programs, senior fitness classes, family and teen gym time, teen drop -in nights, and summer camps. ANALYSIS: City staff is confident the facility can continue to be operated by a third party and that the expectations of the community will continue to be met. The YM/YWCA brings with it over 150 years of experience in community program delivery. Therefore, it is proposed that the City enter into an agreement with the YM/YWCA to continue to assume responsibility for the service delivery at MCC. The City will continue to be involved with permanent staff serving as a liaison with the YM/YWCA to ensure the City's and the community's interests are being met. This arrangement will continue to remove the need for permanent staff at MCC, thus freeing up resources to provide recreation services in other areas of the City. The School District 48 has provided a letter, (attached) which supports the assignment of the City's responsibilities to the YM/YWCA. The letter indicates agreement with the proposal for a three year term until December 31, 2012 Fee FINANCIAL: The YM/YWCA will require a grant in the amount of $37,500 from the City of Saint John to operate the MCC. This grant is required for School District 8 custodial staff wages and supplies, as well as heat and electricity charges. The grant will be increased by 2.5% annually over the course of the contract term. Funds are currently available in the budget to support this contract. RECOMMENDATION: It is recommended that: 1. Common Council accept the proposal from the YM/YWCA to operate the Millidgeville Community Centre under the terms outlined in this report and attachments, and that; 2. The City Solicitor be directed to prepare the appropriate documents, and that; 3. The Mayor and Common Clerk are authorized to sign the agreement. Respectfidly submitted, Bernie Morrison Pat Woods Commissioner of Leisure Services Acting, City Manager 77 We bNIIIfld sh4N1111!g <W s, 9wb 4P111g Ili'illlfll1111 11es ��!iiiind 9roh " "4;P1ing cx)iif"11111111'1111.,dlli 111%pV ?i, , MILLIDGEVILLE COMMUNITY CENTRE PROPOSAL FOR PARTNERSHIP November 17, 2009 Full Vial" Saint John YMCA -YWCA Private & Confidential November 17, 2009 Leisure Services City of Saint John Attention: Ray Walsh Dear Ray, wv °,v°,r.vma ntjcahn d r om Please find enclosed the proposal for the Saint John YMCA -YWCA to continue to operate the Millidgeville Community Centre for the next three years with an option to renew for another three years. On behalf of the Saint John YMCA -YWCA, I would like to thank the City of Saint John for their support over the past years and look forward to a continued successful partnership. The assistance we have received in the past from you has enabled the Saint John YMCA -YWCA to continue serving the community. I trust that we have included all the information needed to properly assess our current and future direction, however, should you require additional information or clarification, please do not hesitate to contact me. Yours very truly, Shilo Boucher, CA Chief Operating Officer Table of Contents ExecutiveSummary ...................................................................... ..............................1 Saint John YMCA -YWCA .......................................................... ............................... 3 OurMission ................................................................ ............................... 3 OurVision .................................................................. ............................... 3 OurValues ................................................................. ............................... 3 Uniqueness of the YMCA - YWCA ..................................... ............................... 3 MeetingCommunity Needs .......................................................... ..............................4 TheProposal ................................................................................. ............................... _5 Appendix A — Board of Directors ................................................ ............................... 6 AppendixB — Financials .............................................................. ............................... 7 Appendix C — Programs Offered ................................................. ............................... 8 AppendixD — Y Story .................................................................. .............................10 .:I V S, J.h, YMCA YWCA Exectitive Stimmary . Background The Saint John YMCA -YWCA has been serving the Saint John community for the past 155 years. Throughout each generation, the Saint John Y has changed to reflect and respond to the needs in the community. One of these changes is the growth and development of Saint John YMCA -YWCA services and programs delivered throughout the region including after school care in local schools, operating three community centres and expanding our community outreach programs. These changes allows the Saint John YMCA -YWCA to extend it's programs to all locations allowing families to find true value in being a member of the YMCA and become healthy active citizens. It is a place where both youth and adults become physically active, meet new people and learn new skills. The Saint John YMCA -YWCA is open to all and stands by its mission and core values. The Saint John Y is building strong kids, strong families and strong communities. The Present The Saint John YMCA -YWCA today... Over 7,000 men, women and children participate in YMCA -YWCA programs. Over 30% of members are children and youth. Approximately 1 in 5 Y members is financially assisted, ensuring that the Y is open to everyone. 11 licensed child care and after school centres are available to provide care for preschoolers and school aged children while parents are at work More than 2,700 children gain values and skills through the summer day camp and residential camping programs. Youth programming provides adolescents with a safe, fun experience while instilling community values. Employment and Settlement Services provide training and support so unemployed individuals can acquire job skills and find work; new immigrants can learn English and begin to feel part of our community. Adults can learn computer skills and young entrepreneurs get the support they need to start a new business. Over 230 volunteers provide more than 6,200 hours of service at the Y and 133 donors support the work of the Y in our annual fundraising campaign, Strong Kids. N V S, J.h, YMCA YWCA The Future Although the Saint John YMCA -YWCA is doing great things in the community it is felt that we can reach out to even more children, youth, teens, adults and families once a new facility is built. A new facility along with growth at all of our centres is the key priority of the Board of Directors of the Saint John YMCA -YWCA. The new Saint John YMCA -YWCA Wellness Centre for children and adults will have a special focus on families will house a recreational aquatic complex, a multi -use gymnasium, a fitness centre, multi- purpose rooms, locker rooms, a child care centre, instructional rooms and an outdoor play area. This physically accessible facility will serve men, women and children of all abilities. The Centre will be a focal point for downtown residents and a gathering place for families from the surrounding communities. This Centre will only compliment our programs and services already offered in communities such as Millidgeville, Forest Hills and Quispamsis. Partnerships We Have The Saint John YMCA -YWCA believes in partnering with private, public and other charitable organizations for the betterment of the community. Presently, we have a number of partners in the delivery of child, youth and adult programming. Our partners are: School Districts 6 & 8 Social Development Early Leaning Centre Saint John Business Community Anti Poverty Initiative Province of New Brunswick United Way of Greater Saint John New Brunswick Community College Teen Resource Centre Church of the Good Shepherd Mind Care NB New Brunswick Children's Foundation City of Saint John Atlantic Coastal Action Program (ACAP) Town of Quispamsis Citizen and Immigration Canada 82 V S, J.h, YMCA YWCA Saint John YMCN- YWCA Our Mission The Saint John YMCA -YWCA is a charity, open to all, dedicated to providing programs and services to help individuals, families and communities grow and develop in spirit, mind and body. Our Vision The Saint John YMCA -YWCA is a leader in community collaboration and partnership dedicated to the well being of individuals, families and their communities Our Values Respect Enrichment Accessibility Caring Honesty Uniqueness of the YMCA -YWCA The purpose of YMCA -YWCA membership is to involve individuals and families of all backgrounds and abilities in the YMCA -YWCA so that they can grow healthier in spirit, mind and body, and develop a sense of responsibility to each other and the global community. This is accomplished by providing members with opportunities to participate, volunteer and donate in a YMCA -YWCA values based environment. The themes of belonging, serving, leading and renewing are fundamental to the nature and core of a YMCA -YWCA. YMCA -YWCA Membership is unique because the purpose of the organization is charitable and this is reflected in the values of the programs. The YMCA -YWCA centers on serving individuals and families of all ages from all walks of life, backgrounds and abilities. Memberships have an open- access policy, and the Y involves volunteers at all levels, provides a variety in programming to meet the needs of many, and endeavours to be a leader in the community through partnerships with both profit and non- profit organizations. The Y recognizes that physical activity, a sense of belonging and involvement are keys to enhancing all determinants of health in adults, youth and children. Being open to all, creating social cohesion and integration, encouraging growth & tolerance, providing choice, comfort and acceptance to all helps the YMCA -YWCA become a model of a horizontal organization that helps to create a more civil society. 3 83 V S, J.h, YMCA YWCA Meeting Comrm Since September 2004 the Saint John YMCA -YWCA (herein referred to as the "Y ") has been operating the Millidgeville Community Centre at M. Gerald Teed School. The Y has embraced the community and the Centre incorporating the Y values and quality programming. Growth has occurred not only in programming but also in the number of families we help and the community support we have gained. The Y has entered its fifth year of operating the Millidgeville Community Centre and in this year alone has served over 3,388 children, youth, adults and families. Each year the Y expands its programs and continues to reach more people in the community. The Millidgeville Community Centre is an important recreational site for the community. Each year residents have enjoyed an increasing amount of activities for families and people of all ages to take part in. From childcare programs, drop in programs and health and recreation the Millidgeville Community Centre has offered the people of Millidgeville a safe positive environment to belong too. The Millidgeville Community Centre is in a growing community. The programs the Y offers give the community the opportunity to take part in various activities whether it be fitness for the seniors or fun, active, and educational programs for the children right here in their own community. These activities help keep the children off the streets, teaches them leadership skills, a sense of community and most importantly how to have fun in a safe environment. The Y programs are open to all and people outside of Millidgeville also get the opportunity to come and see what the centre has to offer. Having programs that the people can access right in their own community benefits them as well as the community centre. In a time when most parents are striving to balance family and work demands, the Y offers a caring, safe environment to meet the needs of families through child oriented facilities and Y values -based progams. A listing of all our programs offered at the Centre can be found in appendix C. The Saint John YMCA - YWCA's have been involved with the development of youth through leadership development training, camping experiences, volunteer activities and youth exchanges. Through the Millidgeville Community Centre the Y will continue to provide youth and teens a place to gather, a place to foster learning and development of the future of community leaders. The Y continued the programs which were once offered such as afterschool, morning, lunch, pre /play school, senior fitness and day camps. We have built upon these programs and introduced Friday night dances and drop -ins, ball hockey, basketball, Halloween Howl, Dance zone and much more. The Y currently has a license for 90 after school children and 15 pre /play school children. With the additional space being returned to the Y this year we are hoping to expand our license and include more options for parents. "The Y provides a place to grow, and a place to belong. The Y reaches out to youth and families and provides them with fun, values -based experiences at a time when there is so many other negative influences in their lives." Gary Howard, Saint John YMCA - YWCA Board Chair 2007 4 84 V S, J.h, YMCA YWCA The Proposal The Saint John YMCA -YWCA proposes to continue to operate Millidgeville Community Centre for the next three years with the option for both parties to have a written notice clause for extension of another three years. The Y will continue to provide all programs currently offered as well as provide any additional programs that are identified by the community. One such program is a fully licensed child care for ages 3 to 5 years of age. Licensing requirements are under review associated with opening a child care at the Millidgeville Community Centre, along with the capital costs. As part of our contract with the City of Saint John, the Saint John YMCA -YWCA is requesting a grant to cover the cost of renting the facility in the amount of $37,500 each year with an annual increase of 3 %. The rental of facility covers cleaning, maintenance, heat, lights and electricity. The following should be considered in the contract between the Saint John YMCA -YWCA, the City of Saint John and School District 8: o A request for an annual meeting with the head custodian should be built into the contract to ensure all parties needs are being met. o The Saint John YMCA -YWCA does require daily cleaning of 5 hours day, which should be spread out during the day to meet the needs of the Centre. When the custodian assigned to the community centre is out sick or on vacation a replacement will be provided with no interruption in service. o Any issues identified by the custodians should only be communicated to the Director of the Community Centre. o As the Community Centre is part of the school the Saint John YMCA -YWCA is aware that the gymnasium is shared with the school. Notice of at least 2 weeks should be provided to the Director of the Centre when the agreed upon schedule changes. If notice cannot be given then alternate space must be provided or a agreed upon solution found. o All capital costs deemed necessary for the safe delivery of any programs are the responsibility of the City of Saint John and /or School District 8. o Description of space that the Y occupies in the Community Centre. "Young families need a caring, safe, welcoming environment to grow and play together, you see this everyday at the Saint John YMCA -YWCA. " Dale Knox, Chair of the Saint John YMCA -YWCA Board of Directors 85 V k,,jOh,YMCA -YWCA Appendix A —Board of Directors Dale Knox Chair Tabufile Alyson Townsend Vice Chair Canadian Cable Systems Alliance Gary Howard Past Chair CAA Dean Mullin Treasurer Irving Oil Limited Janet Scott Secretary Enterprise Saint John Karen Stanley CAA D'Joura Abbas Ernst and Young Janet Thompson Price Stewart McKelvey Christine Comeau Enterprise Saint John Dr. Shelley Rinehart Department of Energy, Province NB Kevin Condon Anyware Group Mary Jane Logan Hill Retired Sheikh Bahauddin Scotiabank Eric Savoie Ernst and Young 06 6 V k,,jOh,YMCA -YWCA Appendix B ................................ Financials Millidgeville Community Centre 2010 Budget Revenue JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC Total Morning 900 900 900 900 900 900 1,020 1,020 1,020 1,020 9,480 Afte rschoo l 14,400 14,400 14,400 14,400 14,400 13,500 13,500 14,400 14,400 14,400 142,200 Playschool 850 850 850 850 850 850 900 900 900 900 8,700 Preschool 280 280 280 280 280 280 280 280 280 280 2,800 Adult Program 2,356 - 200 2,300 200 200 2,300 Youth Supplies 555 555 7,156 Youth Program 694 770 834 837 1,137 947 850 850 850 - 7,769 Day Camps 221 - 1,269 - - 8,000 21,000 11,605 - - - 880 42,975 Facility Rental 70 371 25 250 346 158 - - 200 200 200 200 2,020 Total 19,771 17,571 18,558 19,817 18,113 24,635 21,000 11,605 19,050 17,650 17,650 17,680 223,100 Expenses Wages and Benefits 8,369 8,369 8,369 8,455 12,683 9,779 10,127 10,127 10,565 15,848 9,556 9,556 121,802 Program Expense 313 281 110 692 150 141 336 150 120 150 200 150 2,793 Rent /Lease /Licences 3,822 3,822 3,822 3,822 3,822 3,822 3,822 3,822 3,822 3,822 3,822 3,822 45,864 Afterschool Supplies 200 200 200 200 200 200 - - 200 200 200 200 2,000 Youth Supplies 555 555 555 555 555 555 - - 555 555 555 555 5,550 Camp Expenses - - - - - 3,617 3,617 3,617 - - - - 10,850 Food Expense 275 275 275 275 275 275 275 275 275 275 275 275 3,300 Telephone Expense 145 145 145 145 145 145 145 145 145 145 145 145 1,740 Program Equipment 500 165 165 165 1,000 165 1,000 165 165 165 3,655 Advertising 200 600 585 500 300 2,185 Staff Development 2,500 1,000 3,500 Uniforms 150 100 250 Travel 95 95 95 95 95 95 95 95 95 95 95 95 1,140 Insurance 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Bad Debt 198 176 186 198 181 246 210 116 191 177 177 177 2,231 Overhead 4,581 4,450 5,169 5,308 4,687 4,388 1,819 1,621 4,613 6,031 4,459 4,343 51,469 Total 19,703 18,833 19,391 20,210 24,692 26,228 21,430 20,767 22,881 27,762 19,949 20,083 261,929 Net Surplus (deficit) 68 (1,262) (833) (393) (6,579) (1,593) (430) (9,162) (3,831) (10,112) (2,299) (2,403) (38,829) 87 V k,,,JOh,YMCA -YWCA Appendix C — Programs Offered Childcare and Afterschool MORNING CARE Ages 5 - 12 Years Monday — Friday ........... ...........................7:00 — 9:00 am PRESCHOOL For 4 year olds Monday - Friday ......... ...........................9:00 — 11:15 am PLA YSCHOOL For 3 year olds Monday - Friday ........... ...........................9:00 — 11:15 am LUNCH PROGRAM Monday — Friday ........ ..........................11:30 am — 12:30 pm AFTERSCHOOL PROGRAM For 5 — 12 year olds Monday — Friday .......... ...........................1:50 — 6:00 pm FULL DA YAFTERSCHOOL PROGRAM The 'Y' provides programs for children during the school professional development days and on snow days. Children enjoy a wide variety of activities on these days. Children are asked to bring a lunch, drinks and snacks. This service is also available to children not registered in the Afterschool Program. This program is on a first come first serve basis. Monday — Friday .... ...........................7:00 am — 6:00 pm Drop In ProLrams Drop In Soccer This program will teach your child the basic skills of soccer while having fun and making new friends. Ages 7 - 12 years Tuesdays ................... ...........................7:30 — 8:30 pm Drop in Sall Hockey This program will teach your child the basic skills of ball hockey while having fun and making new friends. Ages 7- 12 years Tuesdays ................... ...........................6:30 — 7:30 pm s V k,,].h,YMCA -YWCA Friday Night Drop In ( *Child must be in kindergarten,) Come and enjoy the fun! A different activity each Friday such as gym activities, dances, pizza and movie, bingo, crafts, karaoke and much more. Monthly schedules and canteen available. Ages *5- 12 years Fridays ....................... ..........................6:30 — 8:30 pm Drop In Basketball This program will teach the children basic basketball skills while having fun and meeting new friends. Ages 7 - 12 years Monday .................... ...........................7:00 - 8:00 pm Summer Programs Day Camps (ages 5 to 12) Our camps run 5 days a week from 7:30am to 5:30pm for 10 weeks during the summer. We offer a variety of camps from cooking camp to senior adventure. Specialty Programs SENIOR FITNESS CLASSES Come join us on Mondays, Wednesdays and Fridays from 9:25 to 10:25 am for 60 minutes of low impact aerobics, muscular strength, endurance and flexibility exercises. Get a great workout and meet many wonderful people. Mondays, Wednesdays, Fridays .................. ...........................9:25 - 10:25 am JR. LEADER CORPS This program has been rich in tradition in the Y for many years. It is open to youth ages 8 to 12 that are serious about participating in a leadership development program. Leaders develop their skills through games, social activities, guest speakers and volunteering. This program runs during the school year from September to June. Ages 8 - 12 Years Tuesday ................ ...........................6:00 - 7:00 pm Community Programs Dancerzone Nicole Nadeau: 631 -1090 Birthday Party Packages Come join us on the weekend if your child is having a birthday. We offer supervision, food, fun and much, much more. 9 .:• V k,,,JOh,YMCA -YWCA Appendix D — Y Story My daughter, who is 12, has Aspergers (high functioning Autism Spectrum Disorder) and ADHD. She has social and sensory difficulties. Socially she is vulnerable. She has a profound sense of justice and fairness. It has been a long and winding road. The experts say what these kids need most is protection from bullying, friendly social groups and friendly peer mentors. As her parent I am always searching for groups to accept, understand, and help her along her journey. I happened to hear of the GIRL POWER camp offered through the YM /YWCA. It sounded like just the thing, mentioning self esteem, confidence, and hanging out with other girls. Adrienne managed to find a spot at the Millidgeville Community Centre this past summer. I have learned to give leaders a heads up. When I went in to speak with the leaders they were very accepting and open. They understood. Most of all, they were vigilant in their j ob of supervision and guidance. They did not take the easy road. They did not ignore bad behaviour or encourage it with inaction. It wasn't even a huge matter. They explained to me that they saw the sly excluding, the power game they dealt with the behaviour and the bullies. They walked the talk of zero tolerance. For the fist time I felt that someone was protecting her, the victim. I cannot thank them enough. I do not want to miss anyone -- so I want to give praise and a big thank -you to all the leaders in her group. I wish more leaders would learn from them. They told me it was a good week... and it was! A Grateful Parent Ae io November 4, 2009 Common Clerk City of Saint John 15 Market Square, Box 1971 Saint John, NB E21- 41-1 To Whom It May Concern: School bistrict 8 • District Education Council 490 Woodward Avenue - Saint John, NB, E2K 5N3 This will confirm that School District 8 continues to support the decision of the Saint John City Council to assign operational rights for the Millidgeville Community Center to the Saint John YM/YWCA. I understand that this allows the YM/YWCA to operate recreational, leisure and daycare programs at the Center on a daily basis. I also understand that an agreement has been drafted between the parties that will be in full force and effect for the period January 1, 2010 to December 31, 2012. Please contact me, if I may be of further service or assistance. Otherwise, I will assume this letter completes the documentation you need from District B. Sincerely, Susan Tipper Superintendent /mal ccw Mr. Chris Toole, Director, Finance and Administration H REPORT TO COMMON COUNCIL M & C — 2009 - 376 November 17, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RL 0 ou plot 4 In an effort to ensure that civic addresses meet NB 9 -1..1 guidelines for development under construction, as well as future development in the East Point shopping area, it is Staff s opinion that an official name should be given to the new access off Retail Drive (see attached map). City of Saint John The developer has requested the name East Point Way for this access. This proposed street name meets NB 9 -1 -1 guidelines; therefore Staff has no objection to this street name. RECOMMENDATION: It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name vole East Point Way. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 'AN J. trick Woods, CGA Acting City Manager 7'X7 M & C — 2009 -383 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance 54 Thornborough Development Subdivision ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. On August 4, 2009 Common Council approved fiunding under the Residential Infrastructure Assistance Program in the amount of $120,000 for a development proposed by Thornborough Developments Inc. At Thornborough Street and Parkwood Avenue. On October 13, 2009 Common Council adopted a revised motion increasing the amount of assistance to be provided to $216,000 based on a 36 lot subdivision. The developer has now advised that each of these 36 lots will be fiurther subdivided to accommodate semi- detached dwellings. Under the Residential Infrastructure Assistance program guidelines, each of these 72 units is eligible for assistance under the program. The total amount of assistance that can therefore be considered under the program is $432,000. No. Applicant Location No. 9 Type of Units Estimated Assistance 54 Thornborough Developments Thornborough Street 6 72 lots in phase 1 $432,000.00 Inc. Parkwood Avenue 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 adopt the following resolution: Resolved that the resolution adopted by Common Council at its meeting of October 13, 2009, approving assistance under the Residential Infrastructure Assistance Program toThornbrough Development Inc. for development at Thornbrough Street and Parkwood Avenue be amended by deleting "$216,000.00" and replacing it with "$432,000.00 ". Report to Common Council Respectfully submitted, Page 2 Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development OPEN SESSION November 18, 2009 His Worship Mayor Ivan Court and Members of Common Council SUBJECT: BORROWING RESOLUTION BACKGROUND: The Bank of Nova Scotia has requested certain resolutions to be passed by Common Council to formalize the line of credit with the City. Council normally passes the required resolutions during the first part of the year. The Bank requires the appropriate resolutions for 2009. ANALYSIS: The City has a $17,000,000 line of credit with the Bank of Nova Scotia. This amount represents $5,000,000 for general operating purposes and $12,000,000 for bridge financing on capital expenditures. The calculation of the line of credit for operating purposes is outlined in the Municipalities Act and is set at a maximum of 4% of the operating budget. Based on the City's 2009 operating budget the maximum the City could borrow for operating purposes is $5,077,598. It is proposed to seek approval from the bank to set the operating line of credit at $5,000,000. With respect to the bridge financing for capital expenditures, as a result of the magnitude of the City's capital programs, it is proposed to maintain this credit at the current level of $12,000,000. It is most unlikely that actual borrowings will reach these combined levels, but there is no harm in having the credit limits in place as a precautionary measure. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I WWW.5aintjohn.ca I C.R 1971 Saint John, N.-B, Canada E2L 4L1 November 18, 2009 RECOMMENDATIONS: It is recommended that for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time five million dollars ($5,000,000) to meet current expenditures of the Corporation for the year 2009; 2. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate sea] for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source. 5. That for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $12,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 'Am NOW M • $I* ff.'Te-TA"ZW= RECOMMENDATIONS (CONT'D.) 6. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 7. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. ATI M &C- 2009 -378 November 17, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date and Waiving of Rezoning Application Fee 54 Catherwood Street and 40 Forest City Street 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 applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Jeff Sheppard/ 54 Catherv,00d "R -2" "R -4" To permit a 511319 N.B. Ltd. Street three - family d«- elling Hughes Surveys & 40 Forest City Street "R -2" "RM -1" To recognize Consultants Inc. (for the existing 12- Grant Frev, ing) unit apartment building as a permitted use Report to Common Council Page 2. With respect to the proposed rezoning of 40 Forest City Street, the applicant has requested that Common Council waive the $400 application fee on the basis that the rezoning is required in order to correct an apparent mapping error. City records indicate that this property had been previously rezoned from "R -2" to "RM -1" in 1975, and that the 12 -unit building was constricted in 1976. However, due to an error in scanning of the zoning maps, the property was inadvertently rezoned back to "R -2" One and Two Family Residential in 2005 in conjunction with the re- adoption of the Zoning By -law in bilingual format. This error was discovered only recently, as a result of a proposed sale of the property. Section 910(3)(b) of the Zoning By -law provides that Common Council may, if it deems fit, return all or any part of the rezoning application fee. Given the above situation, approval of the applicant's request is recommended. RECOMMENDATION: I . That Common Council schedule the public hearings for the rezoning applications of Jeff Sheppard /511319 N.B. Ltd. (54 Catherwood Street) and Hughes Surveys & Consultants Inc. (40 Forest City Street) for Monday, December 21, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 2. That Common Council waive the $400 application fee for the proposed rezoning of 40 Forest City Street. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager KF /r ,I$ M &C- 2009 -373 November 18, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Westfield Road Reconstruction Project Amending Acquisition at 2250 Westfield Road 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. As part of the Project a large culvert that crosses beneath the Westfield Road at the bottom of a deep gully, in the vicinity of civic 42250, will be replaced with a significantly larger culvert and improvements will also be made to the road embankments requiring the acquisition of freehold land interests on both sides of the road. The affected properties are PID's 55182824, 55013833 and 55013858. At its meeting on September 28, 2009 Common Council adopted a resolution to acquire lands from Mr. and Mrs. Brent E. Hoyt. It has been determined by further survey work and title searching that a small portion (58 m2) of land required at this location are not owned by Mr. and Mrs. Hoyt and consequently less land is required from them. Mr. and Mrs. Hoyt have been apprised of this information and have agreed to an amending of the existing Agreement. The purpose of this report is to seek Common Council's approval for the amendment of the Agreement. ffill Report to Common Council November 20, 2009 Page 2 A copy of the proposed amendment to the Agreement together with a copy of the revised sketch is hereto attached. RECOMMENDATION That the Agreement authorized by resolution of Common Council adopted September 28, 2009 be amended as provided in the Amendment to Agreement of Purchase and Sale attached to M & C 2009 -373, and that the Mayor and Common Clerk are hereby authorized to sign the said Amendment to the Agreement of Purchase and Sale. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments 102 J. Patrick Woods, C.G.A. Acting City Manager Qa Description of Plan: Westfield Road Reconstruction Project area location N PIDs: 55184824, Address: 2250 Westfield Road 55013833 &55013858 PANs: 5392004, Date: September 15, 2009 3503675, & 1504641 103 AMENDMENT TO AGREEMENT OF PURCHASE AND SALE BETTY F. HOYT and BRENT E. HOYT (the" Vendor") and THE CITY OF SAINT JOHN (the "Purchaser") entered into an Agreement of Purchase and Sale signed by the Vendor on 11 September, 2009 and signed by the Purchaser on 01 October, 2009 (the "Agreement "). A copy of the Agreement is attached hereto. p, s The Vendor and the Purchaser hereby agree to the following amendments to the Agreement: 1) The designation of the Real Property is amended to the following: Premises: Freehold interest in PID # 55184824 Comprising 2449 sq. m. +/- Designated as PID # 55184824 on the plan marked Schedule "A" attached hereto; and, Freehold interest in a portion of PID # 55013833 and PID # 55013858 Comprising 1453 sq, m. +/- in total Designated as "LAND TO BE ACQUIRED BY THE CITY OF SAINT JOHN 1453 mZ" on a sketch No. S08053 -575 prepared by Terrain Group Inc., a photo - reduced copy of said plan attached hereto, These three designated parcels being collectively hereinafter called the "Real Property". 2) The Deposit is amended to the following: Deposit: $1,000.00 payable within 20 days of adoption of Common Council Resolution. 3) The terms and conditions of the Agreement shall, in all other respects, remain unchanged. 4) This amendment offer shall be irrevocable by the Vendor until 4:00 p.m. local time on November 27, 2009 and upon acceptance by the Purchaser shall constitute an Amendment to the Agreement binding upon the parties hereto. 5) This amendment 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 November, 2009. BRENT E. HOYT BETTY F. HOYT 104 . AMA, is 1 Amendment to Agreement of Purchase and sale Betty F. Hoyt & Brent E. Hoyt. and The City of Saint John AND the Purchaser has caused these presents to be execrated this day of November, 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 105 2 Map Scale! Itchelle cartographique 1 • 2448 N A While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and. Is not Intended to be used for legal descriptions or to calculate exact dimensions or area. Mdme at cette carte nest pout -etre pas libre de touts erreur ou omission, toutes lea pr6cautions ont ete prises pour en assurer la meilleure qualit8 possible. Cette carte est une representation graphique approximative des terrains (lirnites, dimensions configuration et emplacement). Elle n'a aucun caractbre official et ne dolt done pas servir a la redaction de la description officlelle d'un terrain ni au calcul de sea dimensions exactes ou de sa superficie. 0 a z 30 r p D Z o � z m 2 O pa rn Z oom ;moo ?bm D=M Za 0 A C f*1 Q Q m m m m z -4 Pi N r �m D µ O Dm m m� �z° Z mF 107 0 12 1+ Po sae Z rnv ' n� 40 o °Q 0 N nA -1 % .- v 0 =m zM 1 � 1 1 mm m n 00 :41 mrri X00~ -14 \I GREEMENT OF PURCHASE ANDS 9 The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion of the Vendor's lands Pip #55184824, 55013833 & 55013858 as hereinafter set out upon the following terms and conditions: Vendor: BETTY F. HOYT and BRENT E. HOYT 2250 Westfield Road Saint John, NB E2M 6J3 Attention: Bill Brown Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21.41.1 Attention: Common Clerk Premises: Freehold interest in PID # 55184824 Comprising 2449 sq. m. +/- Designated as PID # 55184824 on the plan marked schedule "A" attached hereto; and, Freehold interest In a portion of PID # 55013833 and PID # 55013858 Comprising 1511 sq. m. +/- in total Designated as "LAND TO BE ACQUIRED BY THE CITY OF SAINT JOHN 15110" on a sketch No. 508053 -575 prepared by Terrain Group Inc., a photo - reduced copy of said plan attached hereto, These three designated parcels being collectively hereinafter called the "Real Property" Purchase Price: $12,000.00 + HST if applicable Deposit: $1,000.00 payable within 20 days of adoption of Common Council Resolution Balance: $11,000.00 on Closing Closing Date: Within 90 days following adoption of Common Council Resolution. I. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Real Property subject to any registered easements existing at the date of acceptance of this Agreement. 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 1 0 Agreement of Purchase and sale Betty F. Hoyt & Brent E. Hoyt, a nd The City of saint John 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 vold 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, (1) 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, N applicable, for the plan, and the Postponement, 4. The Vendor shall at Its expense terminate all leases and or licenses with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on Closing, 51 The Purchaser and the Vendor hereby acknowledge and agree that: (i) there is an existing trail located on PID # 55013858 that extends from the Vendor's driveway to the stream forming the northern boundary of PID # 55813858; and . (ii) by a rough field estimate it looks that the new toe of the embankment that will be created during the proposed Westfield Road Reconstruction project may intersect a small length of the trail and therefore this portion of the trail may need to be moved; and (iii) the existing trail surface is ground (soil, vegetation and occasional rocks); and (iv) if any portion of this trail needs to be moved, the Purchaser shall move such at its expense, leaving the moved trail in as leas; as good as current condition; the material used for the actual toe of the embankment could be extended across level ground to reinstate the small section of trail impacted, 6. The Purchaser and the Vendor hereby acknowledge and agree that: (i) the driveway to the Vendor's residence at 22$0 Westfield Rd where it meets the new road /sidewalk may need to be raised approximately 1 to 2 feet; and (IT) the existing driveway Is actually not very steep; and (iii) the existing driveway is a gravel surface; and M Agreement of Purchase and sale Batty F. Hoyt & Brant E. Hoyt and The City of Safnt John (iv) the Purchaser will be responsible to blend the new height of the Westfield Road sidewalk further back into the existing driveway to lessen the increase in the driveway's slope. 7. The Purchaser will not impact nor take any portion of PID # 55184832 during this Westfield Road reconstruction project. 8. The Vendor hereby agrees not to cut any live trees or shrubs of trunk diameter less than 5 inches that are located on the Real Property, without the Purchaser's prior written consent. 9. The Purchaser will within 20 days following adoption of Common Council Resolution have stakes or survey markers placed for the boundary lines of the portion of the Real Property illustrated on sketch No. 508053 -575 prepared by Terrain Group Inc., a photo - reduced copy of said plan attached hereto staked. 10. 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. 11. 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. 13. 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. no Agreement of Purchase anti Sala betty F. Hoyt & Brent L R". and The City of Uint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this H7$� day of September, 2009. BETTY F. HOYT BRENT E. HOYT AND the Purchaser has caused these presents to be executed this day of D o FJ� 2009. THE CITY OF SAINT JOHN Common Council Resolution: S& t o 4 Map Scale ! I=chelle cartographique 1 : 2448 N A While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area, MBme si cette carte n'est pout -Atre pas libre de toute erreur ou omission, toutes les pr8cautions ont 6t6 prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains VimRes, dimensions, configuration at emplacement). Elle n'a aucun caractbre official et ne dolt done pas servir A la r6daction de la description €ofcielle d'un terrain nl au calcul de ses dimensions exactes ou de sa superncie. 112 T CD F: rq r� M I N z vrn amp a # -OM mAL ANA q z C-8 z� o0 113 M &C2009 -382 November 18, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: It Im SUBJECT: General Specifications — Division 2 Instructions to Tenderers and Tendering Procedures PURPOSE The purpose of this report is to propose that Council adopt the attached revisions to Division 2 — Instructions to Tenderers and Tendering Procedures. BACKGROUND On November 17, 2003 (M &C 2003 -310), Common Council adopted a Tendering Policy for Constriction Contracts which included: Division 2 - Instructions to Tenderers and Tendering Procedures, Division 4 - Form of Tender, and Division 5 - Form of Agreement. On May 31, 2004 (M &C 2004 -99), Council approved Division 6 — General Administration of Contract. It was understood that from time to time it would be necessary to make improvements to the language of certain clauses of the General Specifications to ensure the document continues to represent the best interests of the City. ANALYSIS As a result of a review of General Specifications Divisions 2 — Instructions to Tenderers and Tendering procedures in consultation with the City's legal and Purchasing Departments, it is recommended that a new clause be added or minor improvements be made to the language of the current clauses as follows: • Clause 2.5 Addenda and Post -Bid Addenda • Clause 2.18 Privilege Clause • Clause 2.19(new) Post -Bid Negotiations and Re- Bidding • Clause 2.21 Obligations of Successful Tenderer 114 M &C2009 -382 November 18, 2009 Page 2 As a result of research into documents from other jurisdictions — namely, the Canadian Constriction Documents Committee — A Guide to Calling Bids and Awarding Constriction Contracts, it is recommended that an adjustment be made to the Tendering Procedure for Constriction Contracts to include a process for Post -Bid Negotiations. Where the amount of the tender price submitted by the lowest compliant bidder exceeds the City budget and /or the engineer's estimate for the tendered project, the City may negotiate with the lowest compliant bidder to identify changes in scope and /or quantities of work, in exchange for a corresponding bid price reduction. The above Clauses are attached to this report. Changes are shown in red. INPUT FROM OTHER SOURCES As was the case for the original revisions to Division 2, the revisions contained in this report have been reviewed by and discussed with the City's Legal and Purchasing Departments. RECOMMENDATION It is recommended that Common Council adopt the attached revisions to Division 2 - Instrictions to Tenderers and Tendering Procedures of the City of Saint John General Specifications. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 115 7k. . .y `.. %. • .�, Division 2 — Instruction to Tenderers and Tendering Procedures 2.5 Changes, clarifications, or corrections made to the contract documents during the tendering period will be issued as Addenda. The cost of such changes, clarifications or corrections shall be included in the tender. Addenda shall become part of the contract documents and shall be binding to all tenderers. duNi &i �Jii �A 1)u. cwiii .° pirt ol` tau:° comnict dOCLMILMS Fwd �Jii q p)u: aAp)Nl OL -1 po st coo ii �i�at b� :-. 2.18 Privilege Clause The City of Saint John reserves the right to reject any or all tenders, or accept a tender other than the lowest tender and to accept the tender deemed to be in the best interest of the City, or to �au:°,00tt�ifu:� �a fli tN- �o�a -�st cwiip�,��wt t)W� : °�� i;�aA��YaAQa�a�� a��a � � � �i "�p�a� Daak wi 2, ERRORS: Tenders shall be considered even in the event that the following errors are present: (a) Error in mathematics - whether this involves the extension of a unit price or an error in addition, the mistake will be corrected and the correct total will be used for evaluation purposes and will be binding on the tenderer. (b) Conflict between the written and numerical bid prices. In all cases, the total bid price if corrected to reflect the written bid price, whether lump sum or unit price. (c) Failure to include the contingency allowance in the total tender price. If the contingency allowance was not included in the addition, the tender price shall be corrected to reflect its inclusion. M .y `.. %. • .�, Division 2 — Instruction to Tenderers and Tendering Procedures 2.18 Privilege Clause (Cont'd) TENDER EVALUATION: A tenderer's experience, ability and resources are important considerations in awarding a constriction contract. Information requested in Division 4 Form of Tender will be an integral part of a tender evaluation process. The City of Saint John reserves the right to check references listed and may also perform other background checks. The City also reserves the right to award to the low tenderer or a tenderer other than the lowest tenderer based on factors including quality, delivery and service capability, other relevant criteria and price. The City will consider the following criteria when awarding a tender: (a) The tenderer's financial status. (b) The tenderer's experience with performing the type and scope of work specified including the tenderer's experience in the capacity as a general contractor. (c) The tenderer's ability to complete the work within the time frame specified. (d) The tenderer's ability to work with the owners, consultants and representatives. (e) The tenderer's ability to effectively manage and do the work using the named supervisory staff, constriction plant, subcontractors and suppliers. (f) The tenderer's past performance on previous contracts with respect to quality of work, adherence to specifications, scheduling, changes in the work and force account work. (g) The total overall cost to the City of Saint John, which shall consider the City's costs to provide contract inspection, supervision and administration services. If, after investigation and due consideration of the above criteria, it is concluded that the tenderer is not qualified to perform the work under the contract in a manner satisfactory to the City of Saint John, the City reserves the right to reject that tender. and l 11 I t f C g : t:: e f111:1:g INN, po� , st cwiip�wt b d ��c,, s tN, - 0J u: °Ct 1,M do ,- t �i iid, or tt iu:� aA��pp��, to aA)) doh i flic p,�:-0�u: °Ct, tN, ('4y �11al Ii�p�py �1au:° ��O� ��,l .�aA��u: 11�iu. �y ai��Y lbppo� ��Y: (�I(. WN, ll , fl u:° M110aAM 01AN tu M, r prr c,: Ad,) Aw, d pay tN, 1o� , -.st coo iip11wt 1'L',dUCfi N ,- ,Ioofialfio�ls aIn,, �At� -d u:IXC: WJv L]Y W° fla OLI pOWL,St COMA fl��IM 117 s'o .y `.. %. • .�, Division 2 — Instruction to Tenderers and Tendering Procedures 19 Lost t gt (Cont,d) (by Where the Ch ; Cty n lowest compH nt bidder agree or acccgaldc chmNes n a corr:qwnding bid p:Acc reduction, the changes sha H No documemed as a pm`t laid adloa dum and the convact, based on the negodaud reduced price, xvH1 be (c), WN.°no acceptabho changes and a corresImnIng Idd twice reduction cannot No SUccuoSSJ'Uflp negotiated with the �o�vV st comiflia nt biddcra then the a `its Quosorvv os the right to not acn:°p,q the tender or the Josv st comp Ham bidder or to issue modill�a d bid ocaAmcnN at a Inter datc under a mnv tender caii. This Post Bid Negotiations Hawse does not predude the C`ity Rom proc�:°u:°drng in accordance xvith section it is or the 0q, or ant john, MUnicri)M Opuorations & Engrmouorrng Guomonfl Sp ocirrcations . Dk ision 2, 2.21 Obligations of Successful Tenderer Upon being notified that a tender has been accepted, the tenderer /contractor shall execute copies of the attached Division 5 Form of Agreement and supply performance guarantees, insurance documents, WorkSafeNB Certificate and a Business Corporations Act QW11catc Rom the wov incc or N ew L awQamd ck as specified. Failure to execute the copies of the Form of Agreement or to supply bonds, insurance documents, WorkSafeNB Certificate, and a BaASiM. ss Corporations orations Act (`a: rtiiicatuo Rom the Prov rnc o oi` nv BRMS ick, all within one (1) week of the acceptance of the tender, will result in the forfeiture to the City of the tender (bid) deposit or enforcement of the bid bond. For out -of- province based contractors (only), a WorkSafeNB Certificate and a BaASiMoSS Corporations Act ( uortiiicat�o Rom the r,ro i,cc or Ncxv Brunsivick is required to be submitted prior to the start of work on the project. Contractors iiom Novas Scotia Sha fl SUbMit prior to the start or �vofl� on the prggp act the appa-opriatuo BUSiM:ass Corporations Act ( uortiiicat�o Rom the Pro incc Sri` Nor\ a S cotia , iW M &C2009 -366 November 5, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, It Im SUBJECT: Contract No. 2009 -21: Lancaster Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives BACKGROUND This Contract consists of two projects that are approved in the 2009 Water & Sewerage Utility Fund Capital Program as follows: Electrical upgrades and sustainable energy measure improvements at the Lancaster Waste Water Treatment Facility. The work generally consists of the installation of three Variable Frequency Drives on three blower motors and the installation of a new 635KVA (500KW) standby diesel generator to supply back -up power to one blower motor, lights, digital control system and one exhaust fan. TENDER RESULTS Tenders closed on November 4, 2009, with the following results: 1. The State Group Inc. $ 751,450.00 Saint John, NB 2. O'Brien Electric Co. Ltd. $ 846,370.00 Saint John, NB 3. GJ Cahill & Company Ltd. $ 807,234.72 Saint John, NB The Engineer's estimate for the work was $624,890.00. M &C2009 -366 November 5, 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 2009 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project. The analysis concludes that a total amount of $405,000 ($145,000 for Standby Diesel Generator and $260,000 for Variable Frequency Drives) was provided in the budget and that the projected completion cost of the project included in the contract is estimated to be $794,250, including the City's eligible H.S.T. rebate - a $389,250 difference. In order to proceed forward with this project while maintaining the original approved overall 2009 Capital Program envelope it is proposed to utilize funding originally approved under the Watershed Protection category of the 2009 Capital program to offset the $389,250 cost difference for the Lancaster Waste Water Treatment Facility project. The offset will be provided from two design projects for dam stricture rehabilitation in the amount of $200,000 that have been deferred to 2010/2011 Programs and $200,000 from the "Constriction of Facilities" project for a total of $400,000. The Engineers estimate was reviewed following the tender closing to identify where the difference was between the low tender and the engineers estimate. It was identified that the project contingency allowance in the amount of $60,000 that was included and carried as part of the tender by the bidders was not included in the Engineers estimate. The correct Engineers estimate should have been $684,890 which compares reasonably with the low tender. 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. 120 M &C2009 -366 November 5, 2009 Page 3 RECOMMENDATION It is recommended that: Contract No.2009 -21: Lancaster Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives be awarded to the low tenderer, The State Group Inc., at the tendered price of $751,450 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2. Projects originally approved under the Watershed Protection category of the 2009 Water & Sewerage Utility Fund Capital Program be utilized as an offset for the $389,250 cost difference on the Lancaster Waste Water Treatment Facility project. A $200,000 offset is to be provided from two design projects for dam stricture rehabilitation that have been deferred to 2010/2011 programs and a $200,000 offset from the constriction of facilities project for a total of $400,000. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 121 M & C 2009- 331 November 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2009- 15: Watermain Cleaning & Lining, Phase 6 BACKGROUND It Im Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build -up of material on the inside wall of the pipe). This build -up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a watermain. On May 23, 2006 (M &C 2006 -18), Council approved the reallocation of $400,000 to initiate implementation of a Watermain Cleaning & Lining Program in 2006. The 2007 and 2008 Water & Sewerage Utility Fund Capital Programs included projects to clean and line 11.6 km of watermain (M &C 2007 -184 and M &C 2007 -240) and 13km of watermain (M &C 2008 -137 and M &C 2008 -260) respectively. Sections of unlined cast iron pipe that exhibit good structural integrity have been selected for internal cleaning and lining. It is anticipated that this will be an ongoing program for some years to come - until all the candidate pipes are identified and rehabilitated. This is an important and positive initiative for Saint John Water, one that will have a major impact on improving water quality and fire flows in neighbourhoods across the city. This Contract consists of a project that is approved in the 2009 Water & Sewerage Utility Fund Capital Program for the Cleaning & Lining of approximately 4.7 km of existing cast -iron watermains to improve pressure, water quality and fire flows at the following locations: • Guilford Street • Tower Street • Winslow Street • Dominion Court • Lancaster Street 122 • Duke Street W. • City Line • Ludlow Street • Queen Street W. • Saint James Street M & C 2009- 331 November 10, 2009 Page 2 • Ontario Street • Montreal Avenue • Simms Street • Simms Court • Albert Street W. • Victoria Street TENDER RESULTS • Drummond Street • Bleury Street • Dexter Drive • McCavour Drive • Birch Street Tenders closed on September 30, 2009 with the following results: 1) Alltech Solutions Inc., Moncton, NB $1,396,040.42 The Engineer's estimate for the work was $1,113,620.65 ANALYSIS The tender was reviewed by staff and found to be formal in all respects. The difference between the tendered amount and the Engineers estimate is $282,419.77 ($1,396,040.42 - $1,113,620.65). Following the tender closing, staff prepared a spreadsheet to compare the tendered unit prices to the unit prices used to produce the Engineer's estimate. After comparing the prices and reviewing the Engineer's estimate in detail, staff determined that the Engineer's estimate was low for this particular type of work and that an amount of $1,255,784.82 (an increase of $142,164.17) would more accurately reflect the true estimated cost of Contract 2009 -15. The prices used to prepare the original Engineer's estimate were derived from average costs for typical 2008 water and sewer projects, plus an allowance for inflation. A more accurate engineer's estimate is arrived at by using average costs specifically from watermain cleaning and lining projects previously completed. Given that there was only one bidder for the project, staff wanted to ensure that the City would receive good value for the fiends being allocated to this project. With this in mind, staff requested a meeting with the tenderer to discuss the differences in the tendered amount versus the Engineer's estimate and to take advantage of an opportunity to negotiate a better overall project price. The tenderer and staff were successful in clarifying the quantities of certain units of work that would result in an overall lower project "risk ". The negotiated tender price is now $1,313,075.82 which is $57,291.00 more than the revised Engineer's estimate. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work. 123 M & C 2009- 331 November 10, 2009 Page 3 INPUT FROM OTHER SOURCES The City Solicitor and Purchasing Agent were consulted prior to staff contacting the tenderer and both agreed that post -bid negotiations between the tenderer and City to identify project scope changes that would result in an overall reduction in project cost would be considered an acceptable process. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the 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. The analysis concludes that a total amount of $1,500,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $1,276,351.58 including the City's eligible HST rebate — a $223,648.42 positive difference in the Water & Sewerage Utility Fund Capital Program. 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 2009 -15: Watermain Cleaning & Lining, Phase 6, be awarded to the tenderer, Alltech Solutions Inc., at a negotiated tender price of $1,313,075.82 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 124 J. Patrick woods, CGA Acting City Manager M &C2009 -374 November 17, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: It Im SUBJECT: Contract 2008 -25: Glen Road and Simpson Drive Extension - Cross Culverts PURPOSE The purpose of this report is to update Council on the status of Contract 2008 -25 : Glen Road and Simpson Drive Extension - Cross Culverts and the additional costs incurred. BACKGROUND The 2008 General Fund Capital Program in the Storm category included funding for the renewal of existing cross culverts at Glen Road and Simpson Drive Extension. Common Council at its meeting of June 23,2008, awarded Contract 2008 -25 ( M &C 2008 -170) to L. Halpin Excavating Limited at a tender amount of $ 318,394.92. Under this contract the work included the following: Supply of all necessary labour, materials and equipment for the excavation, installation and backfilling of a 14.6m long 2400mm x 1200mm precast concrete box culvert on Glen Road, a 12.2m long 3000mm x 1200mm precast concrete box culvert on Simpson Drive Extension, placement of temporary bypass piping, removal and disposal of existing 1600mm diameter corrugated steel pipe culverts at each location, a temporary bypass road at the Glen Road site, approximately 17m of 375mm culverts, rip rap headwalls and channel work at the Glen Road site, rock filled gabion headwalls and channel rip rap at the Simpson Drive Extension site, a new water service by the Simpson Drive Extension site, erosion and sediment controls and other related work. 125 M & C 2009- 374 November 17, 2009 Page 2 ANALYSIS All work under contract 2008 -25 has been completed. The final quantities and summary of change orders for the project have been finalized and are presented as follows: Variation in quantities (difference between estimated and final $ 25,466.73 quantities) associated with the placement of granular base material, geotextile fabric, asphalt concrete base course type "B" mix, asphalt concrete surface course type "D" mix, hydro seeding and other related work ( Glen Road). 2. Variation in quantities associated with the installation of a rock filled $ 9,770.58 gabion wall, placement of granular base material, asphalt concrete base course type "B" mix, asphalt concrete surface course type "D" mix and other related work (Simpson Drive Extension). Additional work associated with the relocation of an existing 100 mm $ 49,938.98 diameter water main downstream from the new precast concrete box culvert (Glen Road). 4. Additional work associated with the lowering of an existing 50 mm $ 15,582.65 diameter copper water service downstream from the new culvert and modifications to the guiderail ( Simpson Drive Extension ). Total Variation in Quantities and Change Orders: $100,758.94 Minus Contingency Allowance: $ 39,550.00 Net Additional Cost: $ 61,208.94 Cost Summary Original Contract Value: $ 318,394.92 Minus Contingency Allowance: - $ 39,550.00 Value of Original Estimated Work: $ 278,844.92 Variation in quantities: +$ 35,23731 Summary of Change Orders: $ 65,521.63 Final Contract Value: $ 379,603.86 The final constriction cost of the project based on final quantities and change orders is $379,603.86. The difference between the final contract value and the original tendered price is $61,208.94 ($379,603.86 - $318,394.92). The approved budget for the project was $ 400,000.00 under the 2008 General Fund Capital Program. The final net cost of this project including the constriction costs, engineering services and after the City's eligible HST rebate is $ 429,940.95 - a negative variance of $29,940.95 in the General Fund. This amount can be managed within the overall General Fund Capital Program envelop. 126 M & C 2009- 374 November 17, 2009 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 127 M &C2009 -381 November 18, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Beach Crescent / Meadowbank Drainage Basin: Storm System Improvements BACKGROUND It Im The proposed 2010 General Fund Capital Program includes a project for the study of required storm system improvements and local drainage improvements in the Beach Crescent /Meadowbank area. On September 14, 2009 (M &C 2009 -287) Council provided early approval of this project and authorized staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out the engineering services for the project. Given that this project is of high importance to develop storm system improvements to alleviate serious flooding, staff authorized the consultant to begin work following project approval on September 14, 2009. The project includes funding necessary to engage engineering services to complete the following: • Site surveys, preliminary investigation and data collection; • Pipe report; • Smoke testing; • Preliminary design, cost estimates and design report; • Public consultation process; PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. 128 M & C 2009- 381 November 18, 2009 Page 2 ANALYSIS On September 14, 2009 (M &C 2009 -287) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with CBCL Limited to carry out the Stormwater Study for the Beach Crescent /Meadowbank Drainage Basin. On October 7, 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 to this request, CBCL Limited submitted a proposal on October 24, 2009. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering John Campbell, P. Eng. Municipal Engineer, Municipal Engineering Shayne Galbraith, P. Eng. Director, Saint John Works 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 the committee agreed that the consultant's requested fee was appropriate for submission 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 An amount of $350,000 was pre- approved by Council (M &C 2009 -287), in the 2010 General Fund Capital Program for the Stormwater study. The proposed cost of the work from CBCL Limited to provide engineering design services is approximately $294,772 including the City's eligible HST rebate. 129 M & C 2009- 381 November 18, 2009 Page 3 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 -287 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. RECOMMENDATION It is recommended that the proposal of CBCL Limited for engineering services for the Beach Crescent /Meadowbank Drainage Basin 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 130 M & C 2009 - 388i 5 November 19`1, 2009 The City of'sAu fohn. His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: INFRASTRUCTURE FUNDING APPLICATION WESTFIELD ROAD RECONSTRUCTION AND ACTIVE TRANSPORTATION UPGRADE PURPOSE OF REPORT The purpose of this report is to recommend that Council authorize submission of a revised application for infrastructure funding for the Westfield Road Reconstruction and Active Transportation Upgrade Project (Phase 1). INTRODUCTION As Council is aware, the City has been working with the River Road Community Alliance (RRCA) on the need to upgrade the Westfield Road, the main arterial though the area. Staff has provided several reports to Council on this matter, most recently at its meeting of August 31 ", 2009 (M & C 2009 - 262, dated August 27`", 2009). When the possibility of federal infrastructure stimulus funding first arose, the City identified 31 projects in a "Special Infrastructure Program" as the basis for a submission to Federal and Provincial ministers. Among those projects was one for Westfield Road. On ,January 9`", 2009, staff met with a federal representative to review the 31 projects. On February 2 "d, 2009, Council adopted its 2009 Capital program for the General Fund which included a cost - shared project for the first phase of the reconstruction of Westfield Road (total $3,270,000; each share $1,090,000). On May 4`", 2009, a funding application for the project, under the Mayor's covering letter, was submitted as an alternative to the Marsh Creek Stormwater Diversion project. Although funding has been received for six drinking water projects, no funding approval under the infrastructure stimulus program has been given to any other City projects. IMPROVING PEDESTRIAN AND TRANSPORTATION INFRASTRUCTURE 131 Infrastructure Funding Application - Westfield Road Project November 19", 2009 Report to Common Council, M &C 2009 - 388 Page 2 ANALYSIS Attached is a copy of a letter from the Member of Parliament for Saint ,John to the River Road Community Alliance, forwarded to staff on November 11`". In that letter, Mr. Weston urged the group to contact the City to request that an application for funding under federal infrastructure programs be submitted. The MP would then follow up with the Federal Minister of Transport and Infrastructure to advocate on behalf of the RRCA. He recognizes that the safety of our communities is of utmost importance. The design for Phase 1 of the Westfield Road project is ready and land acquisition matters are being finalized. The project will be tendered and the contract awarded so that construction work can begin early in the spring of 2010. The work would be completed well before the March 2011 deadline for infrastructure stimulus funding. Council will recall that it approved funding for the project in the amount of $3,475,000 (over the 2009 and 2010 budget years) at its meeting of May 25`", 2009. Since then Council has been advised the cost estimate for Phase 1 , after detailed design, has risen to $3,960,000. However, staff advised that the project scope would be reduced to remain with the approved amount. Given the willingness of the MP to advocate strongly for this much needed work and the constraints on Capital expenditures facing the municipality, it is proposed that a revised application for infrastructure funding for the Westfield Road Reconstruction and Active Transportation Upgrade Project - Phase 1 (unreduced) in the amount of $3,960,000 ($1,320,000 each share) be submitted by the City of Saint,John. RECOMMENDATION It is recommended that Common Council authorize staff to make a revised submission for infrastructure funding in the amount of $3,960,000 for the Westfield Road Reconstruction and Active Transportation Upgrade Project (Phase 1), to be equally shared three ways, and that the submission also be forwarded to Federal and Provincial representatives under a covering letter from His Worship Mayor Court. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA Acting City Manager IMPROVING PEDESTRIAN AND TRANSPORTATION INFRASTRUCTURE 132 Rodrie Westori �14� T�fin S'aiut.7ofin - -- - '11'pnteu�,So/nt Jo6n Mr. Jim Stubbs Vice Chair, River Road Community Alliance 2184 Westfield Road Saint John, N8 EIK4 6.13 August 26,2O09 Dear Mr. Stubbs: I want to thank you for your correspondence of April 2, 2009 regarding the River Road Community Alliance (RRCA) and the organization's aim to improve road safety along Westfield Road. Please accept my apologies for the delay in responding to your letter. With regards to the reconstruction project you have described, the City of Saint John must provide one third of the total amount for the project to be eligible under federal infrastructure programs. | understand from your letter that the city has set aside this money in Budget 2009 and so | encourage you contact the City of Saint John to request that they submit an application for this project. | would be happy to follow up with the Federal Minister of Transport and Infrastructure to advocate on your behalf. The safety of our communities is of utmost importance and I welcome the RRCA's initiative on this project. Rodne ton, MP Saint John +kgo of[mnmo �s Canstitucncy Chombre des cornmunes [irronsoipdo Room zo�con�dcmuonauoumg pnmng��c ��rza��umc de lacon�dc�ouun po Rue King Ottawa, ON Saint tu�n,wa ouawm,om snmf John mo i IIII, �� f nlllll �� i mp u� Tq �N �! 1 �� n I i01 n �� Ie , �� MN� �nnl� M & C 2009 -389 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Results of the City of Saint John Citizen Survey PURPOSE The purpose of this report is to make a presentation of the results of the Citizen Survey that was designed and conducted by Ipsos Reid on behalf of the City of Saint John. BACKGROUND 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 engaged Ipsos Reid to design and conduct a citizen survey to understand the needs and concerns of its residents and to support its desire for continuous improvement in service delivery. The survey was designed 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. • 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. 134 M &C 2009 -389 Results of the 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. ANALYSIS Ipsos Reid, in consultation with City of Saint John employees, designed a survey instrument that would meet the objectives identified for this accountability initiative. The survey was conducted from October 19 to October 26, 2009. A total of 802 telephone interviews were conducted with City residents, with equal representation from across each of the City's four wards. Respondents were confirmed as being over the age of 18 and currently living within Saint John City limits. Results are reliable at an overall level within a margin of error of ± 3.5% (95% percent confidence level) and t 7.1% in each of the City's four wards. The presentation to Council will highlight the results of the survey in several different categories including local issues and quality of life; municipal programs and service delivery; taxation and revenue generation; communications; customer service; and growth and development. Where information is available, results of the Saint John Citizen Survey have been compared with municipal norms consisting of data obtained by Ipsos Reid. Key findings suggest Citizens of the City of Saint John... • Are proud residents of the City who believe they enjoy a good quality of life; • Believe the City is performing well in delivering critical services such as Police, Fire and Solid Waste Management Services but need to improve in other critical areas such as Water and Wastewater, Snow Removal, and Road and Sidewalk Maintenance; • Are moderate in their perception of the value they receive for their tax dollars and mixed in their preferences in how to fund municipal programs and services; • Desire more communications directly from the City on issues of concern to residents; • Are generally more critical in their perceptions of the programs /services City Staff /Government offer than are residents in other communities across Canada; • Are open to new ways to generate revenue for municipal programs and facilities including corporate sponsorships and Private/Public Partnerships (as opposed to user fees); 135 M &C 2009 -389 Results of the City of Saint John Citizen Survey Page 3 Generally believe there are opportunities for more growth & development in the City; and a Are willing to be involved in the municipal planning process. The results of the survey provide valuable information to Common Council and the Administration on service delivery performance and the community's priorities. They highlight service areas where improvements are required, providing focus to service planning and delivery. The results of the survey also assist the City in demonstrating accountability for decisions made and results achieved with respect to the services it delivers to the public. RECOIIENDATION It is recommended that Common Council receive and file this report and accompanying presentation. Respectfully submitted, Stephanie Rackley- Roach, DEng. Manager, Corporate Planning 136 mot' i� City of Saint John 2009 Citizen Survey 137 i�T•IT Introduction Background: The City of Saint John commissioned Ipsos Reid in the Fall of 2009 to conduct a Ci, among residents of the City of Saint John. Purpose: The primary purpose of a Citizen Survey for the City of Saint John is to understand t concerns of residents and to support a desire for continuous improvement in servic( time. Citizen Surveys such as this create benchmarks on how service levels and facilities community expectations. Results can provide a measuring stick for future improver allow the City of Saint John to compare how they fare in relation to other communit Methodology: The Citizen Survey was conducted from October 19th -26th, 2009 by telephone with 8 selected residents (18 years of age & older) of the City of Saint John with a relativel percentage of interviews being conducted with residents living in each of the four C per ward). The survey questionnaire was designed by Ipsos Reid with the aim to allow the City benchmark their initial Citizen Survey results with 1psos Reid's "municipal norm dats the City with a basis of comparison to other communities across Canada on similar municipal service delivery and performance. 2009 Citizen Surrey, city of Saint Jahn 138 Sampling & Statistical Reliability Sample Size Margin of Error Con] Ward 1 — West 199 +7.1% 95%(l Ward 2 — North 193 +7.1% 95%(l Ward 3 — Central /South 174 +7.1% 95%(l Ward 4 — East 205 +7.1% 95% (1 • Random Sample Selection — in theory this assumes equal probability of selE resident is anymore likely than another to be included or excluded from participating Ipsos uses standard methods to encourage random selection of individuals within a reduce the bias that would occur if only those who answered the phone were eligibl( • Margin of Error — this is the measure of error in the data that occurs naturally d (Interpretive Note: Survey results based on a sample have an associated range of error or toles be considered when projecting results from the sample to the population under study as well as w results of sub - samples (such as ward level results) to one another to determine differences that ai not different simply due to naturally occurring sampling error). 2009 Citizen surrey, city of Saint John 139 Representativeness — another measure of reli- Question: Is the study sample similar to the population on key characteristics? Does the sample "represent" the actual population? Answer: The sample was selected to reflect the proportion of the population living in each Ward. Quota sampling was used to encourage representation of residents by age and gender groups in levels similar to the actual population of the City of Saint John. 18 to 24 years 1 6% 25 to 34 years 1 17% 35 to 44 years i 20% 45 to 54 years 1 21% 55 to 64 years I' 18% 65 years or older 1 18% Male 1 44% Female I 56% 140 Who participated in this survey? Age 18- to 24 Years 6% 2% 4% 9% 25 to 34 years 17% 13% 201/6 20% 35 to 44 years 20% 20% 19% 18% ,45, to 54 years 21%, 24% 23% 17% . ,551,0 64, yows . ....... . 18% 19% 16% 21% 65 to 7'4 years, 13% 15% 140/. 10% 75 years or alder. 5% 6% 4% 4% Household Size 1 Person 25% 22% 32% 32% 2 People 38% 39% 35% 36% 3 People 16% 18% 14% 14% 4 Or More 20% 20% 20% 19% Have Children In Household (18 Years of age or, Younger) Yes 1 39% 33% 45% 41% iNo 61% I 67% 55% 59% M al e 44%, 43 - % Female 56,111yo, 57%; 141 More about the residents who participated in I 142 Home ownership Education Completed high school or less 31% 24% 33% 33% Some post secondary or completed a 40% 41% 33% 44% college diploma Completed university degree or post- 28% 33% 340/6 22% graduate degree I Household Income Don't Know/Refused 17-%1 2011/6 16% 11% 142 1p �,os y },2 �'. - «�� iqlITILINS04.. \\ ITJ... . \M\ ..... ..\ \ 111 November 20 0 443 =I I In Summary-,.. - - Key findings suggest Citizens of the City of Saint John... mmu Are proud residents of the City who believe they enjoy a good quality in Believe the City is performing well in delivering critical services such and Sanitation Services but need to improve in other critical areas sul Sewerage, Snow Removal and Road /Sidewalk Maintenance, Moderate in their perception of the value they receive for their tax doll in their opinion as to how to best fund municipal programs and service i Desire more communications directly from the City on issues of conco mill Are generally more critical in their perceptions of the programslservic, Staff /Government offer than are residents in other communities acros it Are open to new ways to generate revenue for municipal programs at including corporate sponsorships and Private /Public Partnerships (as user fees); Generally believe there are opportunities for more growth & developrr Are willing to be involved in the municipal planning process. 2009 Citizen Survey, City of Saint John 144 What are residents of Saint John talking abou LUT A CON REAP 9 YAAF%lLwW J0HN,mkmr SMIEM, I A, "A PEOPLE TAX ix FLOODING swmx TI QL)Aury,lutI 1 111PI YID11111''),68W :M; a 110slidelliI oll'U'lle ClIty of Sai nil k)lhn ywhat iii 111'1'1118 u1111015t ITYIIIIM lianIll III " CAL �ssiuie fadrig Rie ClIty Illoday, 11117iial iiis the one Issue You II'ellflf sIlloullcl uu.c ehile 11he [Fil:NHtlest aIllei'llitiulin 111111011M You ll IllooW Illeadu is? la. V"Vllll:at !IS I'lle 1110A llln'Uln� impiodiaill to iisµsue lliacbig the Dty? 2009 Citizen Survey, City of Saint John 145 Local Issues of Concern to Citizens illii� u your view as a resideIrld al 9 le City int S aInt .1haill rou,n,, 4011 at !is Itue urnunsr Irnpurtw Ot I OCA 11 is!:r iue 4acing the C1111ty Ilb3day, th at is thie arle ii issue Y101,11 1111011IIIII 31111DWid iuurnsehie the greatest, atlentl,311P illuro rn yciir' IlbcW Illu aders'? run, What Is the uni.xt uruuunh IUq:::Id 113sule facilrq] 11he 011119 2009 Citizen Survey, City of Saint John 146 Most Frequently Mentioned ti Local Issues (Total Mentions) l i, iii %!h�� , . .. . . . . . . . . . Roads (Condition) 38% 33% 33% Water & Sewerage 22% 2-i% 21% Taxes (Property, Too High) 17% 14% 8% Employment (Lack of Jobs) 9% 14% 10% Crime 4% 7% 9% 7 Harbor Cleanup 71% 7% II 4% Planning /Development --------------- -------------- 6% -------------------------------------------- 6% U ----------------- 7% Poverty ........ . ... .. 3% 5% 7% Recreation & Facilities 6% 6% 4% . ...... .... ......... Environment 2% 5% 4% Flooding W 2% 4% 4'% ii Pension Related Matters 2% 5% 2% Ali Police (New Station, Staffing) 5% 3% 3% Health Care 4% 3% 2% illii� u your view as a resideIrld al 9 le City int S aInt .1haill rou,n,, 4011 at !is Itue urnunsr Irnpurtw Ot I OCA 11 is!:r iue 4acing the C1111ty Ilb3day, th at is thie arle ii issue Y101,11 1111011IIIII 31111DWid iuurnsehie the greatest, atlentl,311P illuro rn yciir' IlbcW Illu aders'? run, What Is the uni.xt uruuunh IUq:::Id 113sule facilrq] 11he 011119 2009 Citizen Survey, City of Saint John 146 Overall Quality Of Life in Saint John 10 Ipsos Reid Municipal Norm City of Saint John 2009 (n =802) Overall Quality of Life (% Very Good /Good) M2429% Improved % Stayed the Same Worsened 2% 21% 9% 8 % Road Improvements Govt /Council Doing Better .lob 11 Ww aimuioV'u't'' yarum a uolle, the mmyuri tl➢ mm lily at p to tun tuna l V sallit Jon°ni�n today? 110nu.mllu:t you sass 01 iis, 3 4i°uu:t,,, duu wiiiis'll IIII °malt I[he quality, utti Iltlll'a in ICPma City oll 4a �mt Vallmn °ro un ,flijia Ipuast 111hriep years II,as ..4.'Why dct Yomu t911mli1�1ink the quality of 1119 IIiias improvad? 5 . 'VVI,,y duo you �fl*111l4m Illll1ha C;tu,uiI fiiity iallf He has mmmatsa�n, ? 2009 Citizen Survey, City of Sint John 147 What do Saint John residents think of their Ci f "" ei(::!i, 111111i ilg *111th St' aterner 0 MI=*W4uMT,r#T- =,II I am proud to live in Saint John Saint John is a great community to raise a family 0 City of Saint John 201 Saint John is diverse in culture and rich in arts Saint John is a community with a bright future Saint John is a place where residents feel safe and secure Saint John has a vibrant and healthy economy = if M111 701-ralm-IMM", �.,. II' orim Not Avlatlllak�ille NioiiYiiierui Ill iot Available 62% �Tw "ini aoilinig tio 'ead YGIU :3 Seli oil: filio in [11 iiie (N�Iiy rjr &rxr,i!k Jolhin anid 11",d IIIII(e you III nidilcWe 11he dogitiele t�o miftidi you agiree iaiii disaginee %Y111:11h ow 2009 Citizen Survey, City of Saint John 148 Citizen Satisfaction - Municipal Services and I Overall Municipal Programs/Services Fire Services Police Services Garbage/Compost Collection Wastewater Treatment 5tormwater Management Drinking Water Snow Removal Sidewalk Maintenance (including snow removal) Road Maintenance Public Transit Traffic Flow Parking Availability Parks, Trails Recreation Programs Recreation Facilities Heritage Preservation Land use, zoning approvals and community planning Building Inspectlon Siatilisfillield with r r iiiin/ r liii ! (I„ =802) 76% 570. 60% 31 IN Now 80% 73% 65% 90% �V. III amrr, d,�u.u'uungI Ilrrl re-ad. u.udlutst of pIr�u.rogu aIrlcuAU '1urla,j S,Lwuilu.L� Ili3l Culw+lllded Illo Volu.R II Vlroq. Cluly Iculi u.�@.ulmul� Jolhu71. III Illosr,.wn"a uAll unrae Ihaiow wabsllluil¢ad yaIIGj we w1l11171 IVha a1ur'al IlIllmu. !Giillly u«ro diu"aiillrl pV"ilovilic II'!°II!Vq 11Ir7iall. III :9'!raIrVHIM I01r a ilONVGe. 2009 Citizen Survey, City of Saint John 149 Importance of Municipal Services and Prog_rar Garbage and compo; col'ieion 89% Side ai ma lnTeWe nca (Tr ci uding arwow rerne a � � s1 % Storm water management j 74% Parks, trails and other green space�� „�fiti��,�� Publictransit 64% Traffic flow IMI 64% Building Inspection 63% Recreation Facilities NMNMNjj§NjjN1jjjjjj= 631% Park! 11,9 availability 661/0 Land use, zoning approvals and community planning 54% Recreabon Programs 52% Heritage preservation IMMIMIMMIMIMIMM,, 50% . III ��mmr �wimuum � �Gw mw. 0 uu Ilu wmir a °� a whwm �� u�w ,m�mu w "m �G" 'llmuaw uu° ou Il�iy III 1110 Q Illy all' 5 u1111t J 'all um 11'�"'lll e I& VIII uirne, how hmgllpriii "Will ea�m�llm one �s W you"? 2009 {Citizen Survey, City of Saint John 150 Flight Performance W f� D G7 V C to E N CL u I% Low Performance Gap Analysis - Municipal Programs /Services Mabatai Parks, trails and other green space o Public transit ® Heritage preservation ® Police services ® Garbage and compost collection ® Drinking water Starm water b a Snow titer treatment n g nt .. �� ';W]ROAd malitionanoo .- . ..___.............. �N Low Importance ,,,,�,��? �,, .��,,,,�� Importance (Requirement) 2009 Citizen Survey, City of Saint John 151 Recreation Recreation ® Facilities programs Parking Traffic Flow ® ® Building availability Inspection Land use, zoning approvals and community 013ming lLo eiir li rilori ® Police services ® Garbage and compost collection ® Drinking water Starm water b a Snow titer treatment n g nt .. �� ';W]ROAd malitionanoo .- . ..___.............. �N Low Importance ,,,,�,��? �,, .��,,,,�� Importance (Requirement) 2009 Citizen Survey, City of Saint John 151 Overall Performance Assessment and Approv ipsos Reid Municipal Norm""""' City of Saint John 2009(n=802) Strongly Approve Somewhat Approve Somewhat Disapprove Strongly Disapprove 60% 0 Ipsos Reid Municipal Norm 111111111 cityof w ,r. Somewhat Good EiF 'e• T '1i 1 . Ih hmwi uuim�n,ll:ul yw ma�to the umn ar�i!011l Ipertio�rm 3�ui lot i Illd:dIIIf "';m W Dili did silaau !say Iilila y we : III_ u.uud *unueraAlll y s1pea,11muurupy,, wu,iu.M.ullliIIJ yauu ay Yll arprove w „ disapprove of the i parfonr lnre o t CoT�muu�nan i Woullid "V�hW be stro11�fy U11 0111T�u�u';�?�uIV.mat'? 2009 Citizen Survey, City of Saint John 152 Overall Performance of City... Good "' M 1psos Reid Municipal Norm City of Saint John 210, Promoting and supporting tourism Ensuring a safe and caring community Preserving the City of Saint John's heritage A Promoting and supporting arts and culture Norm Not vailable I Supporting strong economy with different kinds of businesses Promoting responsible and quality urban development Supporting the community's vision Providing the best services it can with the money It has Improving quality offfie for residents Protecting the natural environment 77 %® 75 %® 3% 64% 5 %® Engaging the community In municipal decisions MMWWMW= 62% MMMMM', 47-4 2. Now Wease ieH me whellher you think the City of Saint John is doing a good or a poor job in each of the following areas, The first area us. 2009 Citizen Survey, City of Saint John 153 bm do Perceived Value Received for Municipal Tax Dollar 20% I q®/ no 1 -Very Poor 2 3 4 5 6 7 8 Value Overall Residents (n=802) 70% Taxpayers Only �j 7'% 72% (ln=566) 13" comslidcduliq Ulle servicas jj��Iffiavbed by Me 'U'lly, pleasia rale U110 viabe $,c u �eell 'V'in'u reciewe Iiiom ouriiniimiaid;uW properly Lax dcM111mm us ng asicaleal' 1 to H) Where II !0!)r OgenLs , VIDY11, p!!iioo r NmIhm" and III () reprosenIs "vell)", QCXxI walule ' 2009 Citizen Survey, City of Saint John 154 32% Balancing Taxation and Service Delivery M 1psos Reid Municipal Norm m City of Saint John 2009 (n=802) Expand Services Maintain Services F.? 44 C1=:=w1 Maintain Taxes "I'llu 1psos Reid Municipal Norr m City of Saint John 2009 (n- 1 ' 4. Nquniicljj!�:M I I are Hhe I)I'iirr"W�, Way 1:0, gi1s y ft)ii SWIVICILIS W110 Diograins, Q�PovlcJed by 11111he 011y u1I Mnt 111olhin I.Ame to the h;ieased cost c)f mail in lahi 11u iiig 5 1 l' 111110 '1311110MI'q NU11" ��3111)1111101111 �, � uIld 011V ce �euvls an!j 11he 011y 11111111ust I III axalfihx iii aind sivii'v�ica dellivey 111GRO[&r "riio idivall, w4tii 1,1111's Siltrimatliluill Mficll'� D S roo mvist 1111111re "lhp City tr;i Pul'sup.9 2009 Citizen Survey, City of Saint John 155 Other Sources of Revenue for Municipality Seek Corporate Sponsorship for Municipal Programs & Facilities Pursue Public Private Partnerships Introduce New User Fees % siqj)port EZ, 1psos Reid Municipal Norm 0 City of Saint John 2009 (n=802) 6% Em 49% Increase Current User Fees % 16, In audillon w aidpiusillnig dhe involimilly tax1zw,rvkm del�Nrpj)u � b!dMICe, H1110 011y 011' SOJM JOhIll has 11111he q�!itian to gelierWe a4➢eir lorins ca revenue F111inse, [61111 mia wl you wo dd sull[nnuill a tllm Cilly uisuiiq each ll,jr t1he fallow�rjjjn] to J,,, jr11,111 senhices and p�!iirugirams,, 2009 Citizen Survey, City of Saint John 156 Perceptions of City Staff/Governance ME, Mrm' 0 1psos Reid Municipal Norm 0, City at SaInt Jahn 2,009 (r City staff are courteous, helpful, and knowledgeable 111111111111111111p iiiiiiiiiiiiiiiiiiiiiillillilillillilI 1qrkWMiFrr-T-T-T-Nn#M- nine RIM, ITMEMMIA The quality of service from City Hall is consistently high The Clty responds qulcklyto requests and concerns 69% 52% 20,, jimisi!!piimil dedfings vivW1111 011ie 011py oll: Sia!M Jolhri as w(HII u!s ymor gonarW iiinjj�iiiressbns ard Wo:A M::�:W lr rM +,Q uii Dlad;j SII�IIKNI IlDr h0al�Kd. IVDki@ 111"'eViPliellh1w, Viniii dpice or idlii sagrioe wdl'ii eairi i of 0��o aboiull Ine GPIV? Ille! hIGIII Dine !is 20,09 Citizen Survey, City of Saint John 157 Perceptions based on what we read, see and I 1"I'll 000IIN61"ULEU RESIDENTS THREATEN Clii,,.ASSACTION GET MOVING ON Ai oI PENSION REFORM the, ionali No m ore rat for Peel Plaza 2009 Citizen Survey, City of Saint John 158 NO, 52% Citizen Interactions with Staff — Customer Ser V S, 4V % Satisfilbd With Co'cin'tact 0spartment or Service Ar Caotscte f % 22% Water/Sewerage 12% Police Department 9% Waste/Garbage/Sanitation 8% Building PermitsAnspection 80/0 Parking Commission 6% Parks /Recreation 5% Method of Cohlact w1th City, (n=388➢ By Phone In Person By E-Mail In Writing 16. P lave you contacted or deah wikh the City of Sadrft John or orle of its emp nyees On the iast Wiri-Ave irnainths? 2009 Citizen Survey, City of Saint John 159 Customer Service "Residents With Contact" The courteousness of staff Staff's professionalism Staff's knowledge Staff's ability to undnd your needs Staff's helpfulness The speed and timeliness of service Staffs ability to resolve your Issue atillsfi 1psos Reid Municipal r City of Saint John 2009 (n =388 83°/ r 8 83 °/ 1% 82% 77% 20. �und flhiirrol4dnq or fll e 19M tuiKKj „.:,XPI a 1111he GLY of sialint IUlln 0111" 101i11 11!!u III ups anpliDyeas, I:jliqiasie 1foAll 17111. Il�u wv safilvmd You weu°e wIPuillllh1 1I11hi 2009 Citizen Survey, City of Saint John m Citizen Communications — Information Sourc( Newspaper articles = N!1111110 41% Direct Mail/Billing Inserts 1111=1 2W Newspaper articles M� 24% Radio M 16% Website E 13% Email 10% Information Flyers 9% Television 7% 024 1 'w%Mng abmd yourseff, what us ycrur umnn source nf rec6,,arg rfm,"irmtor fjjoTTti ttle D y of Sa"A,Jakm? 025, Ard, ihnMw i::: bou! your own �xefemices, holiN wnWd you mom ke �ID VCS�V8 nNXIMIUM 110M the Qt� nf Sa�wJuhn` P 'i i ? 2009 Citizen Survey, City of Saint John WN Citizen Communication - Requirements Pfia l Too much Too Little Just the Right a, 22„ II In ym.ir cll::u a Toro, bra you ru.uru•eirnt y rer.,Dii cu too rint actro„ Ur'o IliilUlle, loirjtmt Rie nallnlC nu -mii ' -nt of iinlioirmatiia'oirk Ifroirn the C4y of »"" iMint? 023r Thauirolk.iiang about you,um cu;nmirnmirnuaa'aiilUY umnll'oarmnatio n ayumds„ what ➢aiiirnd:S rnt iiunlfOriruu„atuo n do yuaua w*marrt If'tnma Clill,y of Saf nWalfnan to h irnwoviide y on.;o *lfll °off 2009 Citizen Survey, City of Saint Jahn 162 Growth and Development % Agree 11 M Ipsos Reid Municipal Norm ■ City of Saint John 2009 (n=802) Possible for the City of Saint John to grow Mile maintaining the quality of life we have come to enjoy The City of Saint John does a good job managing development and growth in the City The City of Saint John keeps �114orrri Not Available citizens informed about how it plans to deal with growth 45% 44% Regular newsletter mailed Access Information on a websItB (updatWprovide f9edback) Attend Open-House meetings 7;1mK =71 = I = - PAcIpate In Municipal Planning Vkrkshops Use social imedia tools 026, As res�dew, do you murently ftnk that there iis (FIEAD k W) growth and development �n the City of SainlJohn? Q27. l am going to read YOU a Illew MaIWPWILS abuift grov& and development iii the City of SWni,kiihn. Please led 'rrm w•wlher you agree or Wsagroe w4h each, 028. The city of Saint John iiis aboW to upd1we thewr MMwCipEfl li)hr which is a long imm lAan on grawn and Ilawnd uw:u. Mease indicate if YOU woWd fikie to be dnvot ihu rnwildr)a) man in oach of vw followina ways . - I I i1 0 163 REPORT TO COMMON COUNCIL M & C 2009 -384 November 18, 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: The Cut`- of Saint John RE: Fire Underwriters Survey Grading Report - Risk Management Services BACKGROUND Common Council at its meeting of May 11, 2009 resolved to instruct the Fire Chief to conduct a review of the fire protective services currently being offered by the City of Saint John. Specifically, the motion stated: The City Manager instruct the Fire Chief to conduct a comprehensive review of the Fire Protective ,Services that are currently being c?ffered; and further The review Shall pr)dice various restructuring realignment Options, in pr for ity, with the least consequences for reducing the current cost of providing service to our citizens; and frrr'ther The review examine consider the Consolidation of the fire Stations, integration of fire services, possible volunteer firefighters, a change in response policy, medical assistance calls, technological changes initiatives and any other measure necessary to reduce costs; and further The r'epor't, die in August 2009, include how the above will of fect I.A. O. rating and rf this Can be translated to fire pr'emiumsf()r the average residential property in Saint John. 164 Fire Underwriters Survey Grading Report November 18, 2009 Given that a Fire Underwriters Survey (FUS) Grade review had not been conducted since 1994, and recognizing that there had been significant changes to the community risk profile and significant reductions to the Fire Department since the last review; Council approved, as part of the larger Review of Fire Services, the completion of a baseline assessment of fire protection for the City of Saint John. Risk Management Services was engaged by the city to undertake the baseline survey as well as the report on impacts to the Fire Underwriters Survey ratings. Risk Management Services is the only accredited organization in Canada to review and grade the quantity of public fire protection in communities. The purpose of this report is to present the results of the Fire Underwriters Survey prepared by Risk Management Services. ANALYSIS Note: The following analysis has been extrapolated from the completed report by: Risk Management Services Fire (Index icriter v ,Survey (FU,S) Fire Underwriters Survey is a national organization administered by SCM Risk Management Services Inc. formerly the Insurers' Advisory Organization and Canadian Underwriters Association. FUS provides data on public fire protection for fire insurance statistical work and underwriting purposes of subscribing insurance companies. Subscribers of Fire Underwriters Survey represent approximately 85 percent of the private sector property and casualty insurers in Canada. Fire Underwriters Survey Certified Fire Protection Specialists conduct detailed field surveys of the fire risks and fire defences maintained in built up communities (including incorporated and unincorporated communities of all types) across Canada and the results of these surveys are used to establish a Public Fire Protection ClassificationTM (PFPC) for each community. While Fire Underwriters Survey is not involved in rate making matters, the information provided through the Fire Insurance Grading Index is a key factor used in the development of Commercial Lines property insurance rates. The PFPC is also used by underwriters to determine the capacity of risk they are willing to assume in a given community or section of a community. The overall intent of the PFPC system is to provide a standardized measure of the ability of the protective facilities of a community to prevent and control the major fires that may be expected to occur by evaluating in detail the adequacy, reliability, strength and efficiency of the protective facilities and comparing the level of protection against the level of fire risk in the built environment. The Fire Underwriters Survey also uses PFPC information to develop the Dwelling Protection Grade (DPG), which is utilized by Personal Lines insurers in determining property insurance rates for detached dwellings (with not more than two dwelling units). 2 165 Fire Underwriters Survey Grading Report November 18, 2009 The Dwelling Protection Grade is a measure of the ability of the protective facilities of a community to prevent and control the stricture fires in detached dwellings by evaluating the adequacy, reliability, strength and efficiency of the protective facilities and comparing the level of protection against the level of fire risk associated with a typical dwelling. The fire insurance grading system used does not consider past fire loss records but, rather, fire potential based on the physical stricture and makeup of the built environment.' Grading To help establish appropriate fire insurance rates for residential and commercial properties, insurance companies need reliable, up -to -date information about a community's fire- protection services. Fire Underwriters Survey provides that information through the Public Fire Protection Classification (PFPC) and Dwelling Protection Grades (DPG) insurance grading systems. Communities across Canada are assessed and Public Fire Protection Classification and Dwelling Protection Grade grades are calculated by Certified Fire Protection Specialists, Engineering Technologists and Professional Engineers. This information is then published in the online Fire Insurance Grading Index. The information published in the online Fire Insurance Grading Index is used by insurers to determine their underwriting capacities and to help set property insurance rates. The Public Fire Protection Classification is expressed on a I to 10 scale. Commercial Lines property underwriters and risk managers will more easily recognize these classifications as "town grades ". Class I represents the "ideal" or highest level of public fire protection while Class 10 reflects the absence of any effective public fire protection. Many insurers will subsequently group these "town grades" into Protected, Semi Protected and unprotected categories to be used when calculating underwriting capacity. The gradings indicate how well communities are equipped to combat major fires that may be expected to occur in commercial, industrial, institutional and multi - family residential properties and are developed from a comprehensive review of all facets of the fire defence system as it relates to the level of risk present within the community. By classifying communities' ability to suppress fires, Fire Underwriters Survey helps the communities evaluate their public fire protection services. The program provides an objective, national standard that helps fire departments in planning and budgeting for facilities, equipment, and training. By securing lower fire insurance premiums for communities with better public fire protection, the PFPC program provides incentives and rewards for communities that choose to improve their fire protection levels and thereby the community PFPC classification.3 ' Taken from the Fire Undenwiters Smvev web site — ii-ii-ii-.I"ireuiidei %i-riters.ea Ibid 3 Ibid i.. Fire Underwriters Survey Grading Report November 18, 2009 Results of the Baseline ,Survey Fire Underwriters Survey collects information on behalf of the insurance industry who utilizes this information to determine insurance rates. The system used by Fire Underwriters Survey to evaluate fire protection levels is a benchmark system that measures the fire risk level of a community and then measures the community's deficiency in its ability to provide the ideal response. The organization also provides advice and consulting services to government agencies providing fire protection. This review is intended to provide a measurement of the current fire risk levels in the City of Saint John and a comparison of this risk level with the available resources for fire protection. The review is also intended to provide direction moving forward with regard to provision of fire protection services as it relates to fire insurance grading. The review has found that the City of Saint John has grown significantly in its tax base since the last Fire Underwriters Survey conducted in September of 1994. The results of that grading were the publication of the following fire insurance grades: Area D. Saint John, HPA 1 2 Hydrant Protected Area 3B Properties without hydrant protection 5 Properties beyond Fire Hall Protection As a community the population has fallen over the past years and much of the daytime population is transient from surrounding communities. The degree of fire risk has increased substantially with the constriction of large industrial and commercial projects in many of the outer areas of the original city core. The distribution of fire risk within the City core and surrounding areas of Saint John are unique as industrial, commercial and residential risks are intertwined throughout the coverage area. In addition to this, much of the original type of residential constriction still exists within the City. Large balloon framed multi -story residences can be found throughout the downtown, North End and Lower West Side (to a lesser degree). In many cases these single family units have undergone numerous renovations compounding the fire risk and adding to issues of extinguishment. The Saint John Fire Department underwent changes in 2003 that compounded existing issues with response and suppression capabilities. The reduction of 40 fire fighter positions greatly restricted the ability to provide the necessary response to some areas of the City. In addition, there was also a reduction of two (2) frontline Engines (Pumpers) which had a negative impact on the overall response capabilities of the Fire Department. 4 167 Fire Underwriters Survey Grading Report November 18, 2009 The most significant areas of available credit for fire insurance grading for the Saint John Fire Department are: 1. Fire Department Item 1- Available Fire Force 2. Fire Department Item 2 - Ladder Company Coverage 3. Fire Department Item 3 - Pre - Incident Planning 4. Fire Department Item 4 - Pumper Company Coverage 5. Fire Department Item 5 — Training Facilities The Saint John Water Supply system has expanded to meet some of the demands of the growing risks. In addition a new water plant is planned which should also improve water supply to areas which are deemed to be the weak points in the water distribution network. These areas have been determined to have relative classifications of 2. Fire Prevention and Inspection grading review continues to indicate a weakness in staffing. At the time of the review, the staff of this division was losing field time for inspections and follow up due to the administrative work load. Classification for this section is 3. The Emergency Communications service has improved with respect to risk and the relative classification in this area maintains its Classification of 2. Otrrent ,State and Future ,State As a result of the completed analysis, the City of Saint John has been re- evaluated with a relative FUS Grading of 3. In addition, it was noted the city is at the lower threshold of a Grade 3 and is extremely close to the migrating to a FUS Grading of 4. Furthermore, it must be noted that "properties without hydrant and /or beyond fire hall coverage" have been given a PFPC grading of 9. Risk Management Services will be communicating their finding to their constituents. The overall fire insurance grades have been recalculated as follows: Area DPG PFPC note Saint John, HPA 1 3 Hydrant Protected Area 3B 9 Properties without hydrant protection 5 9 Properties beyond Fire Hall Coverage The cost impact of a change from PFPC 2 to PFPC 3 for owners of Commercial Lines insured properties across the City are estimated to be in excess of $1 million annually. I.: Fire Underwriters Survey Grading Report November 18, 2009 Options to restore the PFPC of 2 involve an extensive commitment of additional funding for the Fire Department and therefore are unlikely at this time. It is more important for the City to address requirements to prevent slipping to a Grading Classification of 4. Various options are available to maintain the present FUS Grade of 3 and extend the coverage of the department. However, areas of concern at this time are the residential, industrial and commercial developments which are being constricted outside what the insurance industry refers to as the "protected area ". With respect to potential increases to insurance premiums, RMS provides that the Airport and new LNG facility are located in areas that will be impacted. Notable areas where improvements can be made with respect to improving fire insurance grades include: • WS Item 1 — Expansion of the Hydrant Distribution System • Fire Safety Item 1 — Frequency of Inspections • Fire Safety Item 2 — Automatic Sprinkler Protection • Fire Safety Item 3 — Record Management • Developing a fiinctional training facility FINANCIAL IMPLICATIONS By classifying communities' ability to suppress fires, Fire Underwriters Survey helps the communities evaluate their public fire protection services. The program provides an objective, national standard that helps fire departments in planning and budgeting for facilities, equipment, and training. By securing lower fire insurance premiums for communities with better public fire protection, the PFPC program provides incentives and rewards for communities that choose to improve their fire protection levels and thereby the community PFPC classification. ,4 It should be noted that the true costs of fire losses are substantially greater than the difference in insurance premiums. The true costs of fire losses include the economic impacts that can be far reaching. When a business is lost to fire, the business, its employees and its customers are all adversely affected. Furthermore, the impact of life is extensive and should not be overlooked. 4 Taken from the Fire Undemriters Smvev web site — ii-ii-ii-.t"ireuiidei %i-riters.ea 6 I.• Fire Underwriters Survey Grading Report November 18, 2009 RECOMMENDATION It is recommended that this report be received and filed. Respectfully Submitted, Robert (Rob) Simonds, MA, CFO Fire Chief J. Patrick Woods, CGA Acting City Manager Attachments 7 170 171 172 uuuummumll uuuuuuuuuuuuuu p uuuuuum mouuuuu..., y w uuuuuuuuuuuuuu y V w p uuuuuuuuuuuuuu U0000mul uuuuuuuuuuuur, uuuuuuuuuuuur, uuuuuuuuuuuuuu p uuuuuum mouuuuu..., uuuummumll uuuuuuuuuuuuuu limumomil ',i uuuumlll`m�111` °� uuuuuuuuuuuuu ��`I uuuuuuuuuuuuu ��`I uuuuuuuuuuuuu � � uuuuuuuuuur, uuuuuuuuuur, uuuuuuuuuuuuu ��`I uuuumlll`m�111` °� uuuuuuuuuuuuu �Ill�p�lllllll gllllk `�I�L.. Illuouuulllllryllyll �1 Illuouuulllllrylyll llj .A YI�I�� uuuuuuuuuum uuuuuuuuuuuuum Illlllliimmu"go uuuuuuuuuuuuum .A� YI�I� 1��Illummomm111�U ��lu, uuuuuuuuuuuuum ��IIIIIImmmmuNl' . tillV��olooplil uuumum l"Illllllu „A�IIluuumlllllry Yl�lr uumuuu uuuuuui 11`° � uVll� uuuuuuuu uVp� uumuml iuV V uuum °11IUmuIVI uuuuuuuuuuuuum uuuuumumuull� ❑ Feature Relative Weic ➢ Fire Department 40% ➢Water Supply 30% ➢ Fire Prevention and Inspection 20% ➢ Fire Service Communications 10% ➢Total 100 »> 173 .......... 'uslj4 �I \�I \1 \p` \� II, ippp�ppip�p� ';j ��lummoulmtV� uuuuuuuuuullll" uuuuuuuuuum �VIIWmouuullll�� II uuuuuuuuuum� II �IIIiiminmmotl0 uuuuuuuuuuuuum �VIIWmouuullll�� ' °�IIIiiminmmotl0 III ��V. uuuuuuuuuuuuum ��V. �pmumumiay»�11�. �u Immmom�lpllllk S uuummm �umuuial,l�11�. j �p� 4u° IIII ��?lllv\,AOlullluI��1IIIII1111�IIIIIImmmmi�� uumm °VOmumuuuull��l4 A uuuuuum III`Illlllmummmotl� Il��llllllmmmmu�� ➢ COMMERCIAL CLASSIFICATIONS, 1 TO 00 SCALE, WHERE 1 IS THE BEST (NOTE: COMMERCIAL CLASSIFICATIONS INCLUDE INSTITUTIONS, AND RESIDENTIAL OCCUP, OVER 4 DWELLING UNITS) ➢ DWELLING PROTECTION GRADES, 1,2,3A,3B,4,5 ��ffrrrrrrrr� 174 1111111111111, I �� I�,,,,n, » »n��lllw � IW i. (IW l L.J1 iom Ill Vlmm.... uIIutiuIuIOu»uo m»mIV1 lI�l SYSTEM HAS BEEN AROUND FOR CLOSE T CENTURY UNDERLYING PRINCIPALS BASED ON; 11111111 i �111r I! 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"Fire Protection requirements indicate that t an increase in risk of a major fire loss, of ar( potential ( city block instead of buildings) wi� reduction of fire fighting capabilities." ��ffrrrrrrrr� 213 214 M & C 2009 - 385 November 19, 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: RE: Fire Service Review - Fire Chief's Report MR The City of Saint John On May 11, 2009, Common Council resolved to instruct the Fire Chief to conduct a review of the fire protective services currently being offered by the City of Saint John, The goal was to review the services of the Fire Department to identify cost reduction options. The options that Council asked to explored include: Produce various restructuring / realignment options [for Council's consideration], in priority, with least consequences for reducing the current cost of providing services to our citizens; • Examine/consider the consolidation of fire stations; • Examine/consider the integration of fire services; • Examine/consider the use of volunteer fire fighters; • Examine/consider changes in response policy; • Examine/consider a change in medical assist calls; • Examine/consider the implementation of technological changes/initiatives; and Examine/consider any other measure necessary to reduce costs. The review was to include how the above considerations would affect the Fire Underwriters Survey Ratings and the fire premiums for property owners. With the Fire Underwriters Survey Grading Report now completed, the information served as a critical component to the Fire Chief's analysis. The purpose of this report is to present the review of the protective services currently being offered by the Saint John Fire Department and to identify cost reduction options with accompanying analysis as to how the identified options could impact the insurance premiums paid by property owners. 215 Review of Fire Services — Fire Chiefs Report November 19, 2009 ANALYSIS In response to Council's direction, the Fire Chief conducted a detailed analysis of the identified subject areas and benchmarked the various cost reduction options against the standards and regulations which guide the fire service. In addition, each option was vetted through representatives of the insurance industry to clarify whether implementing the contemplated option would adversely affect the FUS Grade for the City of Saint John. It is noted that the FUS Grade serves to not only quantitatively measure the fire protection needs in a community against existing fire protection capabilities, it is the predominate determinant in establishing fire insurance premiums for property owners. Current State The baseline assessment conducted by Risk Management Services revealed that the FUS Grading for Saint John has been reduced from a Grade 2 to a Grade 3 which is now consistent with the cities of Fredericton and Moncton. In addition, it was also determined that the City of Saint John is on the cusp of being reduced to a FUS Grade 4. From a monetary perspective, the reclassification of the FUS grade from a 2 to a 3 will result in an immediate increase in insurance premiums paid by property owners of over one million dollars annually. Although this is a substantial increase, it should be noted that from a strictly monetary perspective, the increase in insurance premiums is less than the amount of funding required to reinstate the positions that had been previously reduced. Hence the cost avoidance of employing the 40 positions which had been reduced from the Fire Department is substantially more than. the anticipated increase to insurance premiums. Alternatively however, the loss of operational capacity and the ability to respond to simultaneous demand cannot be evaluated from a monetary perspective. Future State On a go forward basis, it was also determined that should the FUS Grade for the City of Saint John be established at a Grade 4 or a Grade 5, the increases to insurance premiums paid by property owners will increase exponentially. Further analysis revealed that the savings associated with cost reductions to the Fire Department would be substantially less than the significant increases in insurance premiums paid by property owners. For illustrative purposes, it was determined that the financial implications of migrating from a FUS Grade 3 to a FUS Grade 4 would result in additional insurance premiums of over 2.5 million dollars annually; which compounded with the additional increases associated with migrating from a FUS Grade of 2 - 3 would have a cumulative impact of over 3.5 million dollars annually to property owners. 2 216 Review of Fire Services — Fire Chief's Report November I9, 2009 Methodology and Findings Based upon the direction of Council and the information that was provided by the insurance industry, staff evaluated a multitude of restructuring, consolidation and other potential options with a view to minimize the financial costs to property owners. In each instance, staff vetted the various cost reducing scenarios against the insurance industries evaluative criteria with the goal of ensuring that the contemplated reduction would not inadvertently cause a further reduction in the FUS Grade (specific examples are provided in the report). Invariably, it was determined that given the City of Saint John is now on the boundary between a FUS Grade of 3 and a FUS Grade of 4, any additional reduction to the Fire Department would cause the community to be reclassified downward resulting in substantial increases in the premiums paid by property owners. Notwithstanding the reclassification of the city's FUS Grading from a 2 to a 3, staff and insurance industry representatives would acknowledge that Council's willingness to support a number of initiatives designed to support fire protection in the community have lessened the impact on the City of Saint John's FUS Grading relative to previous reductions to the Fire Department. The initiatives include: 0 Staffing all. Engine, Ladder and Engine Rescue Companies with 4 Personnel ® 1 Maintaining fully functional reserve apparatus ® Supporting previous restructuring opportunities 0 Adopting a "Fire Apparatus Replacement Program" 0 Acquiring a Ladder truck designed to generate fire flows and capable of accessing larger commercial, industrial and residential occupancies 0 Migrating to 1500 gallons per/minute Engines 0 Extending the water distribution through varying portions of the city 0 Upgrading existing portions of the water distribution system ® Staffing and resourcing a proactive Fire Prevention Division 0 Staffing and resourcing a proactive Training Division It is important to note that the above noted initiates not only served to lessen the impact of the previous reductions to the Fire Department, they also served to position the city to adequately manage the increased risks to the community in relation to new and emerging demands in relation to industrial, commercial and residential development. Finally, the analysis revealed (and validated by the representatives of FUS) that the current resources made available to the Fire Department are being deployed to the optimum level relative to securing the most advantages insurance rates for the City of Saint John. More specifically, it was noted that the resources allocated to Operations, Program Development, Training, Prevention and Administration are being utilized in a manner which have precluded the FUS Grade to be reclassified to a FUS Grade 4. By extension, property owners are being shielded from further increases to their insurance premiums. 3 217 Review of Fire Services -- Fire Chief's Report November 19, 2009 ,Supporting documentation Extensive reference and supporting documentation is provided under separate cover and serves to support the completed analysis. INPUT FROM OTHER SOURCES In addressing the viability of the various options explored, input was solicited from various sources, some of which were: • Fire Department's throughout New Brunswick and Canada • Office of the Fire Marshal • Ambulance New Brunswick • Commissioner of Buildings and Technical Services • National Fire Protection Association • Risk Management Services • RST Industries Where applicable, input from other sources forms part of the optioned explored process. FINANCIAL IMPLICATIONS Potential reductions to the Fire Department budget are noted in the various options explored. RECOMMENDATION It is recommended that this report be received and filed. Respectfully Submitted, M, Attachment 4 218 219 220 221 222 223 224 225 227 228 229 230 231 232 233 234 235 236 237 239 240 241 242 243 244 245 246 247 248 249 250 251 252 Heritage Development Bayard November 23, 2009 P. 0, Box 1971 ' 506 6 -58 -283 -w Saint ,lohn, NB 506 6558-2837 (111x) Canada I.;-'2L 4L1 1a larrrrirrg(rr!_sirirrtjR,yhri, ca His Worship Mayor Ivan Court And Members of Common Council Your Worship & Councillors: INTRODUCTION iav9 Recently there has been discussion regarding the heritage merit of buildings surrounding the Peel Plaza development. At the October 13, 2009 meeting Common Council requested that the Heritage Development Board make a presentation on the architectural and historical significance of these buildings. The Heritage Board welcomes the opportunity to do this as well as to suggest a balanced approach that provides for considerable new development and limited retention of significant heritage assets in this area. BACKGROUND During the public hearing process for designation of King Street East, and several smaller areas in 2007, the Heritage Development Board received a request f-orn the owner of the Chipman Hill Properties and Loyalist House Museum to have their buildings included as a heritage at-ca. The Board indicated that it was not possible to consider there at that time, but committed to conduct the necessary research in order to provide a recommendation to Council in a subsequent report. The Board undertook research in the immediate area and considered buildings fronting onto Chipman Hilt/Hazen Avenue, Carleton Street, Peel Street, Wellington Row, Dorchester Street, Coburg Street and Union Street between Coburg Street and Hazen Avenue. At the request of senior management the results of the first phase of this research was presented to the public at a meeting held at the Arts Centre. The research determined that due to the destruction of the South End caused by the Great Fire of June 1877, the area described as "North of Union ", including the City Market and a few remaining buildings on Charlotte Street, is the only area which illustrates the early architectural and historic development of Saint John. It alone contains excellent examples of Georgian, Greet: Revival and Gothic Revival buildings built prior to the Great Fire. 253 Continued... 2 November 23, 2009 ANALYSIS There is a significant amount of vacant land in the area north of Union Street. It provides an excellent opportunity for Saint John to demonstrate the flipside of the heritage development coin. In Heritage Conservation, Areas we have a few vacant lots where new buildings, sensitive to their context, can be built. In the area north of Union we have a relatively small number of significant buildings which merit heritage designation and can provide inspiration for new development. Should Council proceed with designation of a Heritage Conservation Area, it would be prudent for the 5tandar&7 for Conservation of Existing Buildings currently found in Section 8 of the Heritage Conservation Areas By -law to be used to determine the appropriateness of proposed development of the existing heritage buildings in the area. In addition, it would be prudent for the ,standards far Near (Infill) Construction currently found in Section 9 of the Heritage By -law to be used to determine the appropriateness of any new buildings in the 50' area fronting onto the east side of Wellington Row. Use of these standards will ensure that new buildings would: a) both respect and contribute to the sense of place and unique identity that heritage architecture provides to Saint John, by using compatible massing and elements in combination with contemporary materials and detailing; b) be at human scale (3 -5 storeys) at the street edge; and c) be the well designed heritage buildings of the future. CONCLUSION• The Heritage Development Board is: • in favour of development in the area north of Union Street and in particular around Peel Plaza; • in favour of good urban design and high quality, well detailed architecture that is at a human scale with 3 to 5- storey buildings at street edge and higher buildings behind; • in favour of a pedestrian friendly city; • in favour of a sustainable approach to urban development which considers existing heritage buildings as assets which should be carefully considered for adaptive reuse. REcomMENDATIONS 1) Council designate as a Heritage Conservation Area, the west side of Wellington Row and the architecturally and historically significant buildings fronting onto Chipman Hill /Hazen Street, Carleton Street (between Hazen Street and Wellington Row) and Union Street (between Peel Street and Wellington Row) and 2) Use the standards for New (InfilI) Construction in Section 9 of the Heritage Conservation Areas By -law, to determine the appropriateness of all new buildings in the 50' area fronting onto the east side of Wellington Row. This would ensure that any new development would be compatible with its historic context, as the processional route to Stone Church. Sincerely, gt.eona Laracey, Vice Chair <euo 254 255 256 257 258 259 260 261 262 263 264 265 h K 1- J7 � H4 � f ml' IIII�� U IIIIIIIIIIIII VIII d III III- 111111 IIIIIIIII IIIIIIIII IIIIIIIII r NII IIIIIIIII IIIIIIIII 111111 J III IIIII� IIIIIIIII 111111111111111 111111111 .IIIIIIIII III .:ran -r r� �r•.. ��a• �nlllllll ,� :9 �S —,�, �� , � f, , VJ 266 Ifs l�ry Y � h ��IVIVII IIIIIIIII w 1111111) 00000... 's� A-INS ON � 7,f-1115SIX770 12 ar t IIIIII ,� as �,IIIIII� . W r 2 de ) � IIIIIIIII ,, IIIIIIIII i "� a. �� f L H I P M AIN S T IIIIIIII ` x _ ' IIIIIIIII '� rliv d W u 14, �y 3 Ir ,97 s .✓' - IIIIIIIII � r gray v �ixrc� Sc 04 � eF 1111111 �� e' IIIIIIII ail. ", �•Q, sYY �_` �f.x�+ �}{ IIIIIIII a� J 1111111113.. �` `�" Ir �IIIII� � (` ulllllll (II 1(I i II 't IIIIIIIII 1111111 II IlllllJf IIIIIIIIrivaIIC'nlli IIIIIIi , IIIIIIIII I IIIIIIIII 1111111 I VJ 266 ��IVIVII IIIIIIIII / IIIIIIII 421 R L. s'" IIIIIIII � IIIIIIIII ,, �. 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N I 290 291 Sri Ali 292 292 293 IL Zw 14, N 1 0 N J� A��13k LLI, k- 294 A R U 4z sj� z N I 295 296 Aor 297 R)ROM", "� MAN n I � 0 f NNW" d6mNuwwwww 298 299 300 301 302 303 304 Where "The BelI"' and "TheDucon ulg� .A.Mtz: nmA%Joxl. THE BELL CIGAR FACTORY, 305 306 307 pl.S 6 K.1 H- L6 K-C 18 A R L E T 0 N 511M Aiws a" ",�"4,51"CIJIX770 "4+ - I �,j i 26 P M A N .......... . .... .... . z —47 14, N J5697 -5ir'. U N 1 0 N $1•" S T. -1 'L w LLI, 190 308 Lv-�� 309 310 311 312 313 314 315 316 317 L 6 J 7 H-4 40, J" OIL—L E T 0 N S JQ� 0.47""'4,517CZ, 4770 "4, .7,644z. ark 17, Li 26 r-127, 7 LO P M A N 1 0 N S T. 318 wry N L N 1 0 N S T. 318 �11 J w w CL 60 J �q, C A R 4 E T 0 N 17 Z 0 U N 1 0 N 319 11 'Al 60 a. Ra Elm C A R L E T 0 N 01 320 RP V ZKI "I � jP. vsr inn 1 0 . . ............. . .. . 320 RP V 321 I J w Ld CL 60 A R L E T 0 N eU L, , U N 1 0 N . ............. 322 I J w Ld CL 60 C A R L E T 0 N eU L, , U N 1 0 N . ............. 323 324 325 326 327 328 The Heritage Development Board is: • In favor of development. • In favor of well- designed civic buildings being located in th • In favor of good urban design, and high quality, well detail( architecture that is at a human scale. • In favor of a pedestrian friendly city. • In favor of a sustainable approach to urban development v considers existing heritage buildings as assets which shoulc carefully considered for adaptive reuse. 330 L 6 J,7 H.4 As A R, L E T 0 N ny .7,644z. S�l LJ 26 271 1 22 P M A N 1 0 N 54e5"v S T. 331 rY A R U Ld z 0 Z J J w '^4� U N I wry N ..................... / ................... ,//,/ .............. N 1 0 N 54e5"v S T. 331 rY A R U Ld z 0 Z J J w '^4� U N I Application for a Zoning By-law Amendment Demande de modification 'a I'arre^te' sur le zonage MIT11711FIN I I Name of Applicant / Norn du demandeur Saint John Parking Commission Mailing Address of applicant / Addresse postale du demandeur _ 15 Market Square, P.O. Box 1971 W"Tione F. roy,", MW9717101= Fax Number I Numdro de t6ldcopieur _(506) 649-7938 Postal Code / Code postal _1121, 4L1 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) I Address / Adresse —P,O, Box 6850, Saint John, NB Postal Code / Code postal E21, 4S3– Property Information / "A 'ill/ sur [a proprifti 69 & 75 Dorchester Street, PID Nos. 00039685 and 00039677 Location/ EmDlacement: 39.17.35.33,29 Sewell Street, PID Nos. 00038596, 00039768, 00039776, 00039784 aid 0003MMA Civic # / No de voirie Street / Rue PID / NIP ,' I M Municipal Plan Land Use Designation Ffid Of ff nw, T" IT, r, mr, rr, r, Fln. -ar.' R��- I Upiown Re4onoJ re_ <P Present Zoning / Zonage actuel _RM-1 X Change Zoning to / Modification du zonage A and/or / on Text Amendment (indicate particulars) / Modification due texte (indiquez les d6tails) 791FIE10 332 =1 Convert vacant lots to commercial parking F'rovide reasons why these amendments should be approved. / Fournir tout autre, renseignement concemant votre proposition . ui pourrait etre approuv6es. would like to expand the lots and provide parking to other users. proposition qui pourrait 8tre utile. Signature of Applicant / Signature du dernandeur S400 Application Fee Enclosed / Ci-joint les frais de demande de 400 Date: 333 Votsm" FLGOI% �va %fJ46 %yA VV I&D Application for a Zoning By -law Amendment Demande de modification a Farrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant 1 Nom du demandeur Saint John Parking Commission Mailing Address of applicant / Addresse postale du demandeur _15 Market Square, P.O. Box I971 Saint John, New Brunswick Postal Code / Code postal E21, 4L1 Telephone Number / Numdro de tdldphone {506) 649 -6009 Home / Domicile Work / Travail Fax Number / Num6ro de tdldcopieur _(5 06) 649 -7938 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Ocean Capital Investments Moncton Limited Address / Adresse u44 Chipman Hill, Saint John, NB Postal Code / Code postal E2L 4K1_ Property Information I Renseignements sur la propriete Location 1 Emplacement: 4347 Sewell Street PID No. 00038588 Civic # 1 No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 5,000 Sq. Feet` Street Frontage 1 Facade sur rue: 50 Feet Existing Use of Property I Utilisation actuelle de la propridt6 , Vacant Lot Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal RM -1 Amendment Requested / Modification demandce Present Zoning / Zonage actuel RM -1 X Change Zoning to / Modification du zonage A B -2 General and/or / ou Text Amendment (indicate particulars) / Modification due texte (indiquez les d6tails) 334 FOMMA TorortIMA Osrm= — ■ 1 1 6 1 1 6 it If' . — ► INYMN! 6 a ; r r 4 1 r mo A T K-6 —pM VpR S =m, qui pourrait 8tre approuvdes. — I , W , - - . IROPPOP-41 M, mo IHIIII would like to ex2and the lots and pjovidg_parkini2 to other users. I I . proposition qui pourrait 6tre utile. Wm. M., Signature of Applicant / Signature du demandeur I P * I0W 11 $400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $ 335 l w u 0 l SEWEtL ST• �1n €w.4Z1c ' 76 C 5LO'Pe C7Ra5s .D 4 � ` r } 64' ` s � M V � G l 336 i 'v� GxASs i l E WELL T. `° 337 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 11008014422010 Department: Common Clerk's Office Account # 7120 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: (506)674-4214 Special Instructions (if any): Reference: Public Hearing November 23`x, 2009 —2947 Sewell St., and 69 -75 Dorchester St. Newspaper Telegraph Journal Insertion Dates Tuesday October 27th, 2009 And November 23rd, 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 338 PROPOSED ZONING BY -LAW AMENDMENT RE: 29 -47 SEWELL STREET AND 69 -75 DORCHESTER STREET 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, November 23, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 29-47 Sewell Street and 69 -75 Dorchester Street, having an area of approximately 3,340 square metres, also identified as PID Numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604 from "RM -1" Three Storey Multiple Residential to "13-2" General Business, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit a commercial parking area. 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 339 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 29 -47, RUE SEWELL ET 69 -75, RUE DORCHESTER Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arretd sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 23 novembre 2009 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 3 340 metres carr6s, situ6e au 2947, rue Sewell et 69 -75 rue Dorchester, et portant les NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, de zone d'edifices i logements multiples de trois etages «11M -1» a zone commerciale gdnerale o B-2 >>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre une aire de stationnement commercial. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du ddveloppement 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 ecrit a ('attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 � / row � ~ r Vol / / 0�N ' / / . / / ' ' -�-`-.- . ' ' / . / � / row � ~ r Vol PUBLIC NOTICE Public Notice is hereby gi%cn that the Common Council of The Cn%. of Saint John intends to consider amending The Cji\ of Saint John Zoning By-law at iB regular niixune to be held in the Council ('bomber on Moudw®m Nmetabet 23, 2009 at 7-00 poi,. by- AVIS PUBLIC Parles presences, un avis public esL donne PdT lequd le Qui-iscil communal de The City of Saint John iiidiquc son intention Uludier la modification suivante a 1'arvW sur le zonage de The City ol'Saint John, lors de la reunion ordinaire qui se Kendra daps la salle du conscil le lundi 23 noNembre 2M i 19 h i REASON FOR CHANGE: To permit a commercial parking area Ehzdbelh Gormley, Common Clerk 658-2862 341 UwAbeth Gormley. Greffi&c communale 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: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 3340 square metres, located at 29-47 Sewell Street and 69-75 Dorchester Street, also identified as PID Numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604, from "RM-l" Three Storey Multiple Residential to "B-2" General Business. - 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 ARR9A No C.P. 110- ARRftt MODIFIANT L'ARRftt SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr&t6 cc qui suit : Uarr&6 sur le zonage de The City of Saint John, d6cr&t& le dix-neuf (19) d6cembre 2005, est modifi6 par: I La modification de I'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 3 340 metres carr6s, situ6e au 29- 47, rue Sewell et 69-75, rue Dorchester, et portarit les NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, de zone dWifices A logements multiples de trois 6tages «RM-1» A zone commerciale g6n6rale << B-2 )>. - toutes les modifications sont indiqu&s sur le plan ci-joint et font partie du prdsent arr&6. EN F01 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, aver les signatures suivantes : Common Clerk/Greffi&e communale First Reading - Premi&e lecture Second Reading - Deuxi&me lecture Third Reading - Troisi&me lecture November 19, 2009 Your Worship and Councillors: SUBJECT: Proposed Rezoning 69 -75 Dorchester Street and 29 -47 Sewell Street On October 26, 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 November 17, 2009 meeting. Mr. John Griffin attended the meeting on behalf of the applicant and expressed general agreement with the staff recommendation. However, he indicated that further investigation would be required to determine the implications of some of the recommended conditions of use. No other persons attended the meeting and no letters were received. After considering the staff report and Mr. Griffin's comments, the Committee decided to recommend approval of the proposed rezoning. The Committee tabled consideration of the conditional use application and variances, however, in order to give the applicant an opportunity to discuss the details of the site development requirements with staff RECOMMENDATION: That Common Council rezone a parcel of land located at 69 and 75 Dorchester Street and 29, 33, 35, 37, 39, 43, 45 and 47 Sewell Street also identified as PID numbers 39685, 39677, 38588, 38596, 39768, 39776, 39784, and 38604 from "RM -1" Three Storey Multiple Residential to "B -2" General Business. Respectfully submitted, Stephen Horgan Chairman Project No. 09 -399 343 DATE: NOVEMBER 13, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF NOVEMBER 17, 2009 Jody Kliffer Planner SUBJECT: Name of Applicant: Saint John Parking Commission Name of Owner: Fourth Floor Holdings Ltd and Ocean Capital Investments Moncton Ltd. Location: 69 and 75 Dorchester Street and 29, 33, 35, 37, 39, 43, 45 and47 Sewell Street PID: 39685, 39677, 38588, 38596, 39768, 39776, 39784, 38604 Municipal Plan: Uptown Regional Centre Zoning: Existing: "RM -I" Three Storey Multiple Residential Proposed: "B -2" General Business Proposal: To establish a commercial parking lot. Type of Application: Rezoning, Conditional Use and Variances to: a) reduce the aisle width from 7.5 metres to approximately 6.5 metres in one section of the eastern side of the parking lot as generally indicated on the attached site plan; 344 Saint John Parking Commission 69 & 75 Dorchester Street Page 2 November 13, 2009 b) reduce the amount of required landscaping from 1.5 metres to zero in two locations of the parking lot as indicated on the attached site plan; c) reduce the minimum amount of turn - around space provided for one parking stall from 7.5 to 7.3 metres as indicated on the attached site plan; 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, November 23, 2009. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a parking area in the "B -2" General Business zone. The Community Planning Act authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 69 and 75 Dorchester Street and 29, 33, 35, 37, 39, 43, 45 and 47 Sewell Street also identified as PID numbers 39685, 39677, 38588, 38596, 39768, 39776, 39784, and 38604 from "RM -1" Three Storey Multiple Residential to "B- 2" General Business. 2. That the Planning Advisory Committee impose the following terms and conditions upon the establishment and operation of a parking area at 69 & 75 Dorchester and 29 -47 Sewell Street: That the proposed parking area be developed and maintained in general accordance with a survey- accurate site plan and a drainage plan acceptable to the Chief City Engineer or his designate; b. That the proposed parking area be developed and maintained in accordance with a detailed landscaping plan submitted and approved by the Development Officer within one month from the date the building permit is approved for the parking area. This landscaping plan must include fencing along Dorchester and Sewell Streets as proposed by the applicant; and c. That cast -in -place concrete curbing be provided where required to protect landscaping and facilitate proper drainage to the satisfaction of the Development Officer. 345 Saint John Parking Commission 69 & 75 Dorchester Street Page 3 November 13, 2009 That the Planning Advisory Committee grant variances from the requirements of the Zoning By- law to: a. Reduce the aisle width from 7.5 metres to approximately 6.5 metres in one section of the eastern side of the parking lot as generally indicated on the attached site plan; b. Reduce the minimum landscaping depth of 7.5 metres (24.6 feet) to zero in the areas as generally indicated on the attached site plan; and c. Reduce the minimum amount of turn - around space provided for one parking stall from 7.5 to 7.3 metres as generally indicated on the attached site plan. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning: Slope stability for constricting a parking lot should be referred to the Building Inspection Department A storm water management plan/brief should be provided to the City by the applicant's engineering consultant. Water cannot be directed over the hill and it cannot cause adverse effects to adjacent land owners. • A geotechnical engineer should be retained by the applicant to determine what impact the building removal will have on the existing streets and sidewalk. The excavated site where the building was may cause slope failure and impact the street network. As well, free /thaw cycles and drainage along the streets may cause adverse effects. At present, there are jersey barricades placed at the corner of the intersecting streets where a building once occupied this area. This does not appear to be a suitable alternative to the building abutting the street. Proper site stabilization may be required and this shall be a part of the geotechnical engineering review noted above. A permanent arrangement must be provided for so as not to jeopardize the existing slope and street /sidewalk area. Buildings and Inspection Services has the following comments: There are no dimensions on the plans supplied, so it is difficult to determine what work will be done to the properties to lay out the new parking configuration. The land is steeply sloped so any landfill should be engineered. Disposal of snow from the lot will also be a concern to those owners who are "down the hill ". • It appears that the existing parking lot is over the property lines at present. Saint John Parking Commission has no comments. Maritimes & Northeast Pipeline has no concerns with this application. 346 Saint John Parking Commission 69 & 75 Dorchester Street ANALYSIS: Page 4 November 13, 2009 The subject property is situated at the north- western corner of Dorchester and Sewell Streets. The parcel of land located at 29 -47 Sewell Street and 69 & 75 Dorchester Street has an area of approximately 3,340 metres (10,958 feet) (see attached location map). The site is located in a predominantly residential neighbourhood, with a terrain that is marked by steep elevation. The proposed parking area is divided approximately in the middle by a wooden fence that protects against a sudden drop in elevation of an estimated 2.4 metres (8 feet). The western portion of the site has been used as a private parking area for a number of years. The eastern portion previously contained a residential dwelling that was destroyed by fire in early 2009. The remainder of the brick foundation of the previous building is still exposed in the south- eastern corner of the subject site (see attached site plan). In leasing the subject properties from their current owners, the Saint John Parking Commission proposes to develop a parking area on the above property (see attached site plan). The applicant has indicated that this would be a commercial parking lot. Rezoning and Conditional Use The "RM -1" Three Storey Multiple Residential zone that currently governs the subject site does not allow for the use of a commercial parking lot. The applicant is seeking a rezoning to "B -2" General Business zone, which enables a parking area to be established. A parking area is a conditional use in this zone, meaning that before the parking area can be established and operated it must be considered by the Planning Advisory Committee for the imposition of any reasonable terms or conditions. Variances a) Landscaping A parking area in a "B -2" General Business zone requires two metres (6.6 feet) of landscaping along the property lines that abut a public street. Due to the rise in street elevation from the proposed parking lot in the section abutting Dorchester Street and for approximately 16.5 metres (54 feet) along Sewell Street from the corner of Dorchester Street (see attached site plan), landscaping is not feasible. The elevation difference from the street to this section of the proposed parking area is more than three metres at some points, thereby rendering this an inappropriate location for any landscaping. Instead, the applicant proposes to install a chain -link fence to secure the site. Two metres (6.6 feet) of landscaping is also required along the western portion of the proposed lower parking area abutting Sewell Street (see attached site plan). Approximately the first eight metres (26 feet) of the property beginning at the most western point of Sewell Street currently has no landscaping. The surface along this section of the property line is paved and has a small slope (see attached site plan). In lieu of providing the required landscaping for this area, the applicant has committed to landscaping an approximate 30 metre by 2.9 metre (98 by 9.5 foot) area in the lower parking area that abuts a wooden fence and roughly divides the subject site in two (see attached site plan). Landscaping this area would require removing the pile of loose rocks that currently occupy the space. 347 Saint John Parking Commission 69 & 75 Dorchester Street Page 5 November 13, 2009 The applicant is also seeking a landscaping variance from two metres (6.6 feet) to 1.5 metres (5 feet) for an approximately 11 metre (37.5 feet) section in the western portion of the upper area of the parking lot (see attached site plan). In all, the applicant's proposal will require three variances to reduce the landscaping in locations stated above; however, the applicant has offered to enhance the landscaping in another section of the parking area to offset the landscaping deficit that would otherwise result for the subject site. Staff are of the view that this approach to landscaping is appropriate given the specifics of the site. b) Parking aisle width Section 850(3) of the Zoning By -law requires parking aisles to be a minimum of 7.5 metres (24.6 feet) in width. The applicant is seeking a variance from this standard to 6.9 metres (22.5 feet) for the northern aisle of the upper parking area (see attached site plan). Furthermore, the applicant is seeking a variance to the turn - around space provided for parking spaces numbers 9, 10 and 11 in the lower parking area from 7.5 metres (24.6 feet) to approximately 7.3 metres (24 feet). These variances are all relatively minor and can be supported as they are not expected to impede traffic flow in the parking area. Recommended Conditions The provision of cast -in -place concrete curbing to protect landscaping and facilitate proper drainage is a standard condition for urban parking areas. The applicant has indicated that this condition is too costly and would potentially not make the project cost effective. The applicant has also stated that this area has been used as a parking lot for several years without the inclusion of cast -in -place curbing, and no problems have been observed. However, staff believe that curbing is a necessary component to aesthetically enhance and physically protect the required landscaping and drainage provisions, and a variance from this standard would set an undesired precedent for future projects. Municipal Operations and Engineering and Building Inspection Services have both expressed concerns with regards to the drainage capacity of the subject site. To ensure that water from the proposed parking lot suitably drains from the site without adversely affecting any adjacent properties, staff recommend that the applicant submit a site drainage plan that is to the satisfaction of the Chief City Engineer or his designate. Comparison of the attached site plan to the City's GIS map indicates that the existing parking lot may encroach on the adjacent property. The rezoning and conditional use will not be applied to these areas. It is recommended that the applicant provide a survey accurate site plan, and that the applicant take measures to rectify this encroachment. With regards to the requested landscaping variances, the applicant has been cooperative in committing to landscaping areas of the site not normally required by the Zoning By -law in place of landscaping the areas identified above as being prohibitively difficult. The requested landscaping variance to the lower parking area discussed above would result in a loss of approximately 16 square metres (172 square feet) 348 Saint John Parking Commission 69 & 75 Dorchester Street Page 6 November 13, 2009 of landscaped area. However, the proposed alternative site for landscaping in the lower parking area would provide approximately 85 square metres (915 square feet) of landscaping to the proposed site, resulting in a net gain of approximately 69 square metres (743 square feet) of landscaped surface. The Zoning By -law does not stipulate any specific type of landscaping that should occur in any area of the City, which often means that plain grass will result as the dominant form of landscaping in many areas. Seeing as the proposed parking lot at Sewell and Dorchester Street functions as one of many entry points to the Uptown area from Union Street, staff believe that high quality landscaping should be introduced on this site. As such, staff feel it is imperative that the proposed landscaped areas of the subject site consist of an attractive assortment of shrubs, plants or flowers, or other such forms of attractive vegetation that will help enhance the general aesthetic appeal of the proposed area. To ensure the aesthetic quality of the required landscaping, staff recommend that the applicant submit a detailed landscaping plan that is to the satisfaction of the Development Officer within one month from the date the building permit is approved for the proposed parking lot. The recommendations above include approval of the proposal with appropriate terms and conditions. CONCLUSION: The proposed rezoning and approval of a parking lot as a conditional use in the "B -2" General Business area is appropriate given the prior use of the subject site as a parking lot. Further, the requested variances are reasonable and can be supported given the recommended conditions to ensure appropriate site development will help enhance to safety and aesthetic appeal of the subject site. JK Project No. 09 -399 349 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT RM • " ♦ i 101 r "' fir♦ AGE, r Location: 69 -75 Dorchester St. & 29 -39 Sewell St. Date:2 November 2009 Scale /6chelle: Not to scale /Pas A Mchelle 350 A ♦ f +' i TI N � �`♦ 1 M r 0 r t 4 of f,# i f — y , # M 6 17hy a 17 `�,r`y5f{�t1C , y , * t77: 11 111 , M 76 40 3 s ' y is u n s w Subject Site/site en question: PID(s) /NIP(s): 39685, 39677, 38588, 38596, 39784, 38604 39768, 39776, Location: 69 -75 Dorchester St. & 29 -39 Sewell St. Date:2 November 2009 Scale /6chelle: Not to scale /Pas A Mchelle 350 Z E WE4 /- ST. " sibew Al it S� ALC- I "- - f 351 Sc Wel- �. S7 (A c L 8Lac, t c — — — — -- 'Rock SLOE T7 .— b V) r vV% M 7 W 4 -iT o ` A qo �y n�1 s `C w �.. q q y� 352 elk n T N N N N N e3 rn A , 'SCAz / ''= ,2 0' Mr, Richard Smith Saint John Parking Commission 15 Market Square Saint John, NB Job File: 09 -6966 E21- 41-1 November 12, 2009 RE: Remediiation of Sewell and Dorchester Street Foundation Walls, Saint John, New Brunswick Dear Mr. Smith: Fundy Engineering has reviewed the condition of the wall post demolition of the building located on this site. Fundy has suggested remediation options to stabilize the slope face along Dorchester and Sewell streets ensuring public safety. The work consisted of a visual, non- invasive examination of the existing foundation structure and the status of the property, as reported herein, reflects the conditions at that time. The building structure at. 47 Sewell Street has been completely demolished; jersey barriers placed along the edge of Dorchester and Sewell streets; and a load of rock fill placed against the existing two foundation walls (see Figure 1). The height of the foundation retaining walls varies from approximately six feet at the end of Dorchester Street to approximately 13 feet high at the corner of Dorchester and Sewell. The exposed sections of the existing retaining walls show signs of deterioration and displacement; however no significant increases in deterioration were observed post building demolition. There is a vertical bow in the wall along Dorchester Street and a horizontal bow in the wall near the base along Sewell Street. These bows in the existing wall indicate that there is a degree of instability within the wall that needs to be addressed before the situation becomes more severe. One of the main concerns with the existing rock walls were the lack of stability once the joists and framing of the building were removed, potentially causing a wall failure. With the upcoming winter leading to additional snow loads and frost action on the wall, the possibility of a failure with the stone foundation wail in its current condition will increase. It was the recommendation of Fundy Engineering that rock fill be placed against the two wall faces, at a minimum height of five feet below street level, immediately after the demolition of the building structure. This rock was added as a preliminary safety measure against failure of the existing rubble stone wall that was originally part of the building foundation. The rock fill will provide support and stability to the existing walls due to the additional weight of the rock fill at the base. The jersey barriers were placed along the edge of the wall and sidewalk as a safety precaution, due the significant elevation difference beyond the face of the wall (see Figure 2). Figure 1: Existing Foundation walls at the corner of Dorchester and Sewell Streets. Figure 2: Existing Foundation walls and street elevation difference. There are two options to make the corner of Dorchester and Sewell streets structurally safe and to stabilize the existing slope face. The first option is to completely replace the existing foundation walls with a concrete retaining wall. The second option is to add more rock fill in front of the existing walls at a higher elevation to provide more support and stability at the base. If option one was chosen, the existing stone wall would need to be demolished and replaced with a new concrete wall. Before demolition could begin, the exposed faces of Dorchester and Sewell Streets would need to be supported and stabilized to prevent a Job File: 09 -6966 www.fund en .com November 12, 2009 354 road or slope failure. The new concrete retaining wall would probably consist of precast concrete blocks anchored into the slope along both streets. The final stage would be to install a safety fence 1 guard rail all along the perimeter of the new retaining wall. To proceed with option two, additional fill would need to be added to the wall at a minimum of seven feet high from the base of the existing wall. The new fill will need to be installed so that there is a level horizontal surface that projects out an equivalent distance as the total height of fill placed against the face of the wall. The fill could then be tapered off at a 2:1 slope beyond this leveled portion. Therefore, with seven feel of fill placed against the existing walls, the horizontal width of fill before the tapering will need to be a minimum of seven feet. This quantity of leveled off rock fill is required in order to provide enough weight to properly support and stabilize the existing retaining walls from traffic, snow and pedestrian loads. Included in option two would be the removal of the jersey barriers and the installation of a safety fence along the perimeter of the walls. The jersey barriers apply an additional surcharge to the existing wall which is not beneficial; therefore with the barriers removed and the additional fill placed, the walls will have a better resist failure. Although failure is not eminent, we would recommend that planning be started for its replacement. We would recommend that the replacement be carried out in the next construction season. A subsequent inspection performed on November 1 pch to look at the previous and existing runoff potential from the parking areas. Before demolition the site surfaces were a combination of asphalt and roof areas that drained across the asphalt surface to the north and down an existing slope. After demolition the roof areas have been replaced with asphalt surfaces. The area still drains to the north. Therefore there has been no change in storm water runoff. Should any conditions at the property be encountered, which differ from those reported herein, Fundy Engineering requests immediate notification to permit an assessment of our interpretations. I trust the above information is satisfactory for your present needs. Please feel free to contact me via telephone at 506.635.1566 or by email at og rd.mo_uland(cDfundyeng.com if further clarification or explanation is required. Yours truly, Fundy Engineering & Consulting Ltd. goy g tsi Al MAW �s 4 ti V4 Gordon Mouland, M.Eng., P.Eng. Job File: 09 -6966 www.fundvena.com November 12, 2009 355 'Ctyr of Saint John 'lanning Department floor, 15 Market Square int John, N.B. Sarah Herring Ms Herring: October 14, 2009 S11706-06 Re: Rezoning / Variance Applicatior Anron Inc. - 347 -351 Main St Enclosed please find an Application for a Zoning By -Law Amendment which we are rwarding on behalf of Anron Inc. Our client's cheque for the $400 fling fee is also 1d. Although our client is the Applicant, we would ask that all future communications this regard be send through this office. Also, if possible, could you call or email me and let me know the what you believe pid be the earliest possible date that this could go before the PAC. I am out of town for weeks after Tuesday and since the client is most anxious to get this project started soon as possible, I do not want my absence to slow down his efforts. If it is possible it could go before PAC prior to my return, I would like to make sure another lawyer at firm is brought up to date on the file so they can attend on behalf of the Applicant. Thank you for your assistance in this regard, Yours very truly, n HER HEDO f G1 Courser 's r mosherchedor, tel: 506 634.1600 fax: 506.634.0740 small' lavvJq(p@nb.ay pabco.ca web. www.imosherchedora.ca Application for a Zoning By -law Amendment Demande de modification a I'arrete sur Ie zonage Application Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur - ANRON INC. (Attn: Michael Banks) Mailing Address of applicant /Addresse postale du demandeur - 240 Metcalf Street, Saint John, N.B. E2K 1K6 Postal Code / Code postal Telephone Number / Numdro de telephone - 506- 634 -8590 Home / Domicile Work / Travail Fax Number / Numdro de tdldcopieur 506- 634 -0678 Name of Property Owner (if different) / Nom du proprietaire (si different) SAME AS ABOVE Address / Adresse Postal Code /Code postal Property Information / Renseignements sur la propriete Location / Emplacement 347 -351 Main Street 55180590 & 55180608 Civic #/No de voirie Street / Rue PID / NIP 2490 mZ (including Metcalf St.) - 1077 mz - this use 33 metres Lot area / Superficie du lot Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propridtd - VACANT LOT Municipal Plan land Use Designation - District Centre Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel - BR and B -2 Change Zoning to / Modification du zonage a B -2 and /or /ou See Attached for Variances Required ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 357 Development Proposal / Proposition d' am6nagement you must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Wel I t�-A 61 tAl 014).] 11 [$IWO L[Uff�l Rj��M 1-11 Vous devezfournir un plan du site et Nchelle illustrant votre proposition. Vouspouvez igalementfournir des photographies, des plans de bdtiment, des dessins de plan d'41hation et toule autre forme de renseignment. Le plan doil indiquer les dimensions de la propridtd, 1'emplacement de la totalitj des bdtiments des allies, des acres de stationnement, des am inagemenispaysagers a/ des panneaux de signalisation, 11 est important d'indiquer la distance entre les limites de la proprijtd et les bdtiments. B - 4 04 'E= 1 �*- - 0 Ml INUMIKOININITIMI MIMUMM Signature of Applicant Signature du dernandeur Z ic 1- arks, President Anron Inc. 91 $400 Application Fee Enclosed / G-joint les; frais de demande de 400 S If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due propri6taire (s'il y a lieu) Si vous n'Aftes pas le propriglaire du terrain en question veuillez obtenir la signature A propriftire daps la partie ci-dessous. La signature dupropri6taire autorisant le traitement de la prisente demande pour que cette derni&e Soit examinge par le conseil communal. 358 MM ANRON INC. REZONING APPLICATION - INFORMATION VARIANCES REQUIRED: (A) The eastern sideyard is 1.43 metres and 3 metres is required under the zoning bylaw (B) The northeast corner of the building is 6.2 metres from the sideline and 7.5 metres is required under the zoning bylaw (C) There will be 10 parking spaces and the requirement under the zoning bylaw is f or 15 spaces for the dwelling and 2 spaces for commercial vehicles. (D) The aisle for the parking lot is 6.8 metres and the zoning bylaw requires that it be 7.5 metres. DESCRIPTION OF PROPOSAL: The Applicant had a large five unit apartment building on this property which was destroyed by fire in early 2009. The intention is to build a new apartment with twelve - 2 bedroom apartments of approximately 950 -990 square feet. These are non - subsidized apartments which will be rented at market price. The building is being designed by local architect, Robert Boyce. The exterior of the building has been designed to complement the architecture of the area as well as that of the building which currently stood on the site and which had been renovated by the Applicant prior to the fire which destroyed it. There is a provision for ten spaces for on site parking The basement area is to be used for storage of excess retail product from the Applicant's retail store, Floor Fashions Ltd. which is located on the Metcalf Street side of PID - 55180590. REASONS WHY AMENDMENT SHOULD BE APPROVED: REZONING - The B -2 use is compatible with the area and in fact, PID - 55180590 is actually already zoned B -2. The property on the east side of the location is the Bank of Nova Scotia's parking lot. The property on the west side of the location has the Batch Bakery on the ground level as well as residential accommodations on the top floors. The re- zoning from a BR to B -2 is required only as a result of the intended use of the basement of the property for storage. While this is a semi - commercial use, the actual use will be non - obtrusive to the tenants of the property and to the surrounding land- owners. The Items to be stored in this property would be transported by a small forklift from the Applicant's warehouse attached to the Metcalf Street building and this would be done on an occasional basis as needed. 359 SIDEYARD VARIANCES Both of the variances requested with respect to the sidelines and setbacks are adjacent to lots which are currently used for commercial purposes and on which any building is a far distance from the property line. The eastern sideline variance is along the parking lot for the Bank of Nova Scotia. The northeastern corner of the building set back is along the Bank of Nova Scotia parking lot as well as a vacant piece of land which drops off sharply from the Bank of Nova Scotia parking lot. The variance being requested is less than 20% of the required setback. Given the geography of the property and the adjoining uses, it is submitted that the neighboring properties will not be adversely affected by this variance. PARKING VARIANCES: Since the storage use in the basement will occur as set out above, there would be no reason for any other commercial vehicles to access the property and accordingly, it is submitted that the lack of any commercial parking spaces is not an issue. During the three years that the Applicant owned the former apartment building, it was fully rented. There was no on -site parking for the building and this was not an issue. While, there were less units in the former building, they were large apartment with 12 bedrooms in total. The new building will have 24 bedrooms, however there are 10 spaces provided for parking while there were none provided in the prior building. The location of the project is on a public transit route. It is located on the peripheral of the uptown area close to the Harbour Passage. It has numerous local commerciallretail operations in close proximity. It is located a short walking distance to schools, recreational centers, medical/ dental and other health care centers. It is expected that a majority of those renting these apartments would not have their own vehicle but would use public transportation or would walk to the local neighborhood services and retail locations. As to the size of the parking aisle, it is submitted that as a general rule, people are driving vehicles that are smaller in size then they were historically and accordingly not as much space is required to navigate in a parking lot. The two bedroom apartments would also limit the size of the families living in a property so smaller vehicles would be anticipated. ANY OTHER INFORMATION: The preliminary building plans and the proposed site plan are attached for reference. 360 D 12 UNIT APARTMENT BUILDING.,�,�,. it MAIN ST, SAINT JOHN, N.B. 361 :y o 4 4'� 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0a. 413207 Vol. 1803 Pg. 324 Dennis G. a Cormier Pro Aerty f 3 0v 41' 20- h 4 30.51 ce + �, N � � 4 n + + + 1.OS q 25 IF CD N O > r i a c0 (3) -0 O 3 +� 7 O � 7 l !•! ° n p N N � 1 01 • 10' 1 9 tis N, 4 4 o- 4.11 { 0 41' 10' y, 12.34 Yw 1E.30 01' 41' 10' 7 01 6 41 10, + r o P a � D 12 UNIT APARTMENT BUILDING.,�,�,. it MAIN ST, SAINT JOHN, N.B. 361 i I Lp -p 'Y © iiiiii9 �i1lCiiii . 'i e !�� 11111!1 1!111111 � � - - - -T� �IllilLll�S11111111� L , IIIIILIhSllllllll � ° © p . _ -- � ■ - !o p o I N F� I _ I I L � ° ----------------- -:o�[i�� I111lY1�i iryoyM�l�el��IIIIII�II�� I �3 I i w6 12 UNIT APARTMENT BUILDING WI MAIN ST, SAINT JOHN, N.B. 363 PUBLIC NOTICE Public Notice is hcrcby given that the Common Council of The City of Sal ill John intends it) consider .smendmg The City of Saint John Zoning By -law al its regular meeting to be held in the Council Chamber on Monday. Noiemher 23, 2809 at 7:00 p.m., by: Rezoning a parcel of land located al 347.351 :ruin Street, having an area of approximately 730 square metres, also identified as PID No. �518060S. from `BR" Business Residential to " &2" General Business REASON FOR CHANGE: To lxrmtl the development of an apartment building with commercial storage in the basement level. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Dcrclopment. City Hall. 15 Market Square. Saint John. N.B. bcvvccn 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, AVIS PUBLIC Pal les pry scntes, un avis public est donne par lequcl le conscd communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arrcte sur le zonage de The City of Saint John, lors de la reunion ordinairc qui se tiendra Bans la salle du conscil le lundi 23 noiembre 2009 a 19 h! Rezonage dune parcelle de terrain dune superficie d'environ 730 metres carrels, situee an 347.351. rue Main, et porlant le N1D 55180608, de zone commerciale r@sidentielle a BR a i zone commerciele gWrale « &2 ri RAISON DE I,A NIODIFICATION: Permellre I'amenagemenl d'un immcuble a r6sidcnces avant au sous -sol on espace de rangement commercial Toute peisonne int6ress6e peut examiner le projet de modification au bureau du grelHer communal ou au bureau de 1'urbanisme et du det cloppcmcni A 116te1 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 feriiis. Veuillez faire parvemr vos objections au prolct de modification par ecrit a ]'attention du soussign6 a 11616 de ville. Flizaheth liormley. Common Clerk Elizabeth Gormley, Grelitere communale 658 -2362 1 658-1862 364 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 De artment: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 347 -351 Main Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement - SJTJ Classifieds Date(s): Tuesday, October 27, 2009 Tuesday, November 17, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ ProposaI ® Public Notice Sub - Headline (if a Iicable ): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 365 PROPOSED ZONING BY -LAW AMENDMENT RE: 347 -351 MAIN STREET 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, November 23, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 347 -351 Main Street, having an area of approximately 730 square metres, also identified as PID No. 55180608, from PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 347 -351, RUE MAIN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arrete sur le zonage de The City of Saint John, lots de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 23 novembre 2009 a 19 h Rezonage dune parcelle de terrain d'une superficie d'environ 730 metres carr6s, situ6e au 347 -351, rue Main, et portant le NID 55180608, de zone "BR" Business Residential to "B -2" General commerciale risidentielle «BR» a zone Business. REASON FOR CHANGE: To permit the development of an apartment building with commercial storage in the basement level. 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 commerciale g6nerale « B -2 ». RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un imineuble a residences ayant au sous -sol un espace de rangement commercial. Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'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 feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a 1'attention du soussigne a I'h6tel de ville. 366 Elizabeth Gormley, Greffi6re communale 658 -2862 BY-LAW NUMBER C.P. I 10- 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: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 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 730 square metres, located at 347-351 Main Street, also identified as PID number 55180608, from "BR" Business Residential to "B-2" General Business - 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 ARRfft No C.P. 110- ARRftt MODIFIANT L'ARRRA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conscil communal, The City of Saint John a d6cr6t6 cc qui suit : L'arr&6 sur le nonage de The City of Saint John, d&cr&t& le dix-neuf (19) d6cembre 2005, est modifi6 par - I La modification de Vannexe <<A> , Plan de zonage de The City of Saint John, permettant de modifier la d6signatioD pour une parcelle de terrain dune superficie d'environ 730 metres carr6s, situ6e an 347- 351, iue Main, et portant le NID 55180608, de zone cornmerciale r6sidentielle o BR >> A zone commerciale g6n6rale « B-2 >) - toutes les modifications sont indiqu&es sur le plan ci-joint et font partie du pr&sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr&sent arr6t& le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premi&re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi&r.ne lecture November 19, 2009 Your Worship and Councillors: SUBJECT: Proposed Rezoning 347 -351 Main Street On October 26, 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 November 17, 2009 meeting. Ms. Shelley Courser attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation. No other persons attended the meeting; however, one letter in support of the proposal was received (copy attached.) After considering the matter, the Committee adopted the recommendation contained in the attached report, including the granting of the requested variances. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 730 square metres, located at 347 -351 Main Street, also identified as PID Number 55180608, from "BR" Business Residential to "B -2" General Business. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 730 square metres, located at 347 -351 Main Street, also identified as PID number 55180608, be subject to the following condition: a. The use of the basement level of the building shall be restricted to residential storage and /or storage of non - flammable flooring materials for the adjacent retail store at 240 Metcalf Street. Respectfully submitted, Stephen Horgan Chairman Project No. 09 -400 368 DATE: NOVEMBER 13, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF NOVEMBER 17, 2009 Jody Kliffer Planner SUBJECT: Name of Applicant: Anron Inc. Name of Owner: Anron Inc. Location: 347 -351 Main Street PID: 55180608 & 55180590 and part of 55180590 Municipal Plan: District Centre Zoning: Existing: `BR" Business Residential and "B -2" General Business Proposed: "B -2" General Business Proposal: To build a 12 unit apartment building with commercial storage capacity in the basement floor. Type of Application: Rezoning and Variances to: a) reduce the minimum side yard setback from 3 metres to approximately 0.8 metres b) reduce the minimum rear yard setback from 7.5 metres to approximately 6.2 metres 369 Anron Inc. 347 -351 Main Street Page 2 November 13, 2009 c) reduce the minimum parking aisle width from 7.5 metres to 7 metres d) reduce the number of required parking spaces from 17 to 10. 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, November 23, 2009. The Act also authorises the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 730 square metres located at 347 -351 Main Street, also identified as PID Number 55180608, from "BR" Business Residential to "B -2" General Business. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 730 square metres, located at 347 -351 Main Street, also identified as PID number 55180608, be subject to the following condition: a. The use of the basement level of the building shall be restricted to residential storage and /or storage of non - flammable flooring materials for the adjacent retail store at 240 Metcalf Street. 3. That the Planning Advisory Committee approve the requested variances at 347 -351 Main Street to: a) reduce the minimum side yard setback from 3 metres to approximately 0.8 metres b) reduce the minimum rear yard setback from 7.5 metres to approximately 6.2 metres c) reduce the minimum parking aisle width from 7.5 metres to 7 metres d) reduce the number of required parking spaces from 17 to 10. 370 Anron Inc. 347 -351 Main Street BACKGROUND: Page 3 November 13, 2009 On September 20, 2005, the Planning Advisory Committee favourably considered an application by Anron Inc. seeking to rezone a narrow portion of its property located at 341 Main Street from "BR" Business Residential to "B -2" General Business. The purpose for this application was to facilitate the future expansion of the Floor Fashions business. On February 3, 2006, the Planning Advisory Committee favourably considered an application to permit rear yard variances to the building containing the Floor Fashions business located at 240 Metcalf Street and the property located at 347 -351 Main Street. The approval of the requested variances facilitated the subdivision of the rear section of the Main Street property, which enabled the expansion of the Floor Fashions business. The applicant previously owned a five -unit apartment building on the subject property. However, the building was destroyed in a fire in early 2009. The lot has since remained vacant. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning: • An engineering water and sewer analysis must be completed by the developer's engineering consultant in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. The developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. Confirmation of this must be submitted to the City for review. The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. Confirmation of this must be submitted to the City for review. • All grades for water and sewerage systems must be verified by the developer's engineering consultant. • The Developer shall provide a drainage brief /plan for acceptable storm water management. • Upgrades to existing infrastructure or new infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • Driveway location must be in accordance with recognized standards for location, site distance, accessibility, etc. The consultant's engineer must confirm that this entrance /exit is suitable for the intended use. This information shall be submitted to the City for review. • Multi- unit buildings require a City approved water meter to be installed at the owner's cost. Buildings and Inspection Services has indicated that they have spoken with the applicant and have discussed the potential code issues that may be involved with this application, which may result in the application being revised. These details will work be worked out in the building permit process. Saint John Energy has indicated that they have facilities on Main Street to service the proposed 12 unit apartment. Any cost will be dealt with the developer at a later date. Aliant has been informed of this application. Rogers has been informed of this application. 371 Anron Inc. 347 -351 Main Street Page 4 November 13, 2009 Maritimes & Northeast Pipeline has indicated that the proposed development is clear of any pipelines. ANALYSIS: Site and Neighbourhood The subject site is located on the north side of Main Street between Lansdowne Avenue and Adelaide Street in the City's North End. This is a traditional neighbourhood consisting of mainly older buildings on small lots, and containing a mix of residential, institutional and business uses. The subject site is situated between the Bank of Nova Scotia to the east and Batch Bakery to the west. The lot containing the proposed 12 unit dwelling is a part of the Anron Inc. property that extends from Main Street through to Metcalf Street. The portion of this property that fronts on Metcalf (and is already zoned "B -2" General Business) contains the long - established Floor Fashions retail flooring and carpet store. The portion of the site that is subject to the rezoning application at 347 -351 Main Street has a frontage of approximately 21 metres (69 feet), a depth of approximately '15 metres (115 feet), and a total area of approximately 730 square metres (7,858 square feet). As noted in the Background Section of this report, the site is currently vacant. Proposal The applicant is proposing to build a 12 unit apartment building at 347 -351 Main Street. The dwelling units will each contain two bedrooms and range in size from 88 to 92 square metres (950 to 990 square feet). The applicant also intends to create storage space in the basement of the multi -unit building to store non - flammable materials related to the flooring business. While the proposed multiple residential use of the site is permitted under the current zoning, the rezoning of the property from "BR" Business Residential to "B -2" General Business is required for the tentative storage space the applicant would like to establish in the basement of the proposed dwelling. The applicant would use that space to store non - flammable flooring materials sold at the adjacent Floor Fashions business, which is also owned by the applicant. The storage space will not be rented to other businesses. It should be noted that a section of the western portion of the subject site is already zoned "B -2" General Business and the requested rezoning would create a single zone for the entire property. Rezoning from `BR" Business Residential to `B -2" General Business In 1978, Common Council adopted the North End Neighbourhood Plan as an amendment to Schedule 2- A of the Municipal Plan. The Plan designation for this section of Main Street was Mixed Use. In order to implement the policies for this designation, the "BR" Business Residential zone was created and the properties on Main Street were rezoned to this new zone. The intent of the Mixed Use designation and "BR" Business Residential zone was to accommodate the basic shopping needs of local residents, but still retain a significant residential component in the neighbourhood. The "BR" Business Residential zone provides for only a limited range of neighbourhood- oriented commercial uses, restricted to the 372 Anron Inc. 347 -351 Main Street Page 5 November 13, 2009 ground floor (or ground floor and second floor if the building is greater than four storeys) and requiring upper floor residential uses to be part of any development. In 1998 the Municipal Plan was updated, resulting in this section of Main Street being included in the larger District Centre designation that includes Lansdowne Place and Metcalf Street. While the District Centre policies still allow a mixture of residential and commercial uses, they do not require that every development contain a residential component. Both the existing "BR" Business Residential zone and the proposed "B -2" General Business zone are in conformity with the policies of the plan for District Centre areas. However, the "B -2" General Business zone permits a wider range of commercial uses, including the proposed storage in the basement of the proposed 12 unit dwelling. It should be noted that the adjacent property at 333 -335 Main Street (former Hoff nan's) was rezoned to `B -2" General Business in 1999 in order to permit a wider variety of commercial uses. The proposed rezoning is compatible with the neighbourhood and can be supported. Parking Variance The proposed 12 unit apartment building with a designated storage area in the basement of the dwelling requires 17 off - street parking spaces (15 for the dwelling units and two for the storage space). The applicant is seeking a variance to reduce the required number of parking spaces from 17 to ten. This variance would reduce the required number of off - street parking spaces to less than one per unit. Justification for this variance to the parking standard is most compelling when considering the proximity of most necessary amenities to the subject site. The proposed dwelling is within walking distance to a grocery store, drug store, bank, restaurants, corner stores, as well as many other nearby retail outlets and community spaces. In addition, the property is ideally located along major public transit corridors that include Main Street, Douglas Avenue, Adelaide Street and Metcalf Street. The use of existing public transit options should be encouraged when possible. Further environmental justification for the requested parking variance is found in contemporary development theories that promote eco- friendly sustainable growth. In staff s view, the location of this proposed development is ideally suited for residents who wish to utilize more sustainable modes of transportation including walking, cycling and taking public transit. Furthermore, two of the 17 required parking spaces are only needed for the storage space in the basement of the proposed dwelling. As this storage space will be used for the adjacent Floor Fashions business only, which is also owned by the applicant, there will likely be no need for the off - street parking required by the By -law. The requested reduction in the required number of off - street parking spaces for the proposed 12 unit building at 347 -351 Main Street can be supported for the reasons discussed above. 373 Anron Inc. 347 -351 Main Street Side Yard, Rear Yard and Parking Aisle Setbacks Page 6 November 13, 2009 In addition to the requested parking variance, the applicant is seeking a variance to the side yard setback from 3 metres (9.8 feet) to 0.8 metres (2.6 feet). The North End is a historic community with numerous dwellings containing similar side yard setbacks. Indeed, much of the character that defines the unique charm of the North End is due to the historic dwellings and their close proximity to each other. Further, the "B -2" General Business zone requires a 7.5 metre (24.6 foot) setback to both the rear yard setback and the parking aisle width. With regard to these standards, the applicant is seeking a reduced minimum rear yard setback to 6.4 metres (21 feet) and a reduced minimum parking aisle width from 7.5 metres (24.6 feet) to 6.8 metres (22 feet) for the proposed dwelling. These reductions are minimal and will have no impact on adjacent properties and can therefore be supported by staff CONCLUSION: The proposed 12 unit dwelling at 347 -351 Main Street is an extremely positive development for the North End. New rental units along a major transit corridor in a priority neighbourhood that is within walking distance to several necessary amenities is a project that will benefit the community. This neighbourhood will benefit significantly from such an expression of confidence in the fiiture of this area and hopefiilly will encourage additional redevelopment in this area. For this and the reasons outlined above, staff recommend approval of the requested rezoning and variances. JK Project No. 09 -400 374 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT 229 x241243 245 U ` 24 249 255 r• ,.! e 22224 e t 26226 C a � f S 230 234 236 t 238 ` 240 r, 0 0 0 r� 0 299 » 315 1 319 2/ 325 3 37 3 a i n _ St � U1 75 / 77 267 257 259 rr ■r��r�I■' IL- 357 365 369 375 4 0 0 19 -1 2 4 PID(s) /NIP(s): Subject Site /site en question: 55180608 55180590 (portion) Location: 347 -351 Main Street Date: November 2, 2009 Scale /6chelle: Not to scale /Pas a 1'echelle 375 A ° 12 UNIT APARTMENT BUILDING i; MAIN ST, SAINT JOHN, N.B. s 376 IF p3yy8fi t ^3 g A ° 12 UNIT APARTMENT BUILDING i; MAIN ST, SAINT JOHN, N.B. s 376 mw mm r� EBB ■© r iH ■m mallet mw ■M Em mm mm The City of Saint ,Cohn P. O .Box 1971 Saint John, N. B. , E2L 4L1 Planning Advisory Committee: Re, 347 -351 Main Street - Rezoning application Regarding the proposed construction of 12 unit apartment building on Main Street, I have no objections to it. I think it would help revitalize and improve the look of the area and provide quality housing for the community, We are trying to renew this area and I believe this would be a step in the right direction. peter A,. M - oldings Ltd. 300 Main Street, 507 Main. Street, 28 Adelaide Street Saint John, N. B, 378 s )a i (0\ BY -LAW NUMBER C.F. 110 -126 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: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 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 900 square metres, located at 986 Manawagonish Road, also identified as PID number 0044", 052, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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: MayorlMairc ARRETE No C.P. I10- ARRETt MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une reunion du conseil communal, The City of Saint John a dccrete cc qui suit: L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par I La modification de 1'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'enviroil 900 metres cares, situee au 986, chemin Manawagonish, ct portant le NID 00447052„ de zone residentielle — habitations unifamiliales et bifamiliales <(R -2>r � zone residentielle — habitations de quatre logements c<R-4» confoirnement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur F urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arete le 2009, avec lcs signatures suivantes Common ClerklGreffiere communale First Reading November 9t' 2009 Premiere lecture - le 9 novembre 2009 Second Reading; - November 9`', 2009 . Deuxieme lecture — le 9 novembre 2009 . ......... -1 PLANNING AND DEVELOPMENT / URBANISME ET DPVELOPPEMENT, REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe (<A» de I'Arr6tb de nonage de The City of Saint John >i X FROM / DE TO/A R-2 R-4 One and Two Family Residential Four Family Residential Zone r6sidentielle-habitations f Zone r6sidentielle-habitations urifamNales et bifamiliales de quatres logements + Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de ['article 39 de ]a Loi star Furbanisme Applicant: Jeffery Sheppard Location: 986 chernin Manawagonish Road PID(s)/NIP(s) 00447052 061\166SE Drawn By/Cr66e Par: David Couture r)nfgn r)rmiArn1(—:;rfc- (`.r44p• NnNtinmhpr 19 nnxipmhrp ?nn.c) //l [ SECTION 39 CONDITIONS —986 MA0AVVAGO0\SH8OAD Pursuant tn the provisions of Section 39of the Community Planning Acttheuseanddevmloomentnfu parcel of land with an area of approximately 910 square metres located at 986 Manawagonish Road, also identified as PID Number 00447052, be subject to the condition that the number of dwelling units at the above address be limited toa maximum ofthree. 381 BY-LAW NUMBER M-7 A BY-LAW TO AMEND A BY-LAW WITH RESPECT TO PARKING ZONES AND THE USE OF PARKING METERS AND PAY AND DISPLAY MACHINES Bert enacted by the Common Council of The City of Saint John as follows: A By-Law of The City of Saint John entitled "A By-Law With Respect to Parking Zones and The Use of Parking Meters and Pay and Display Machines" enacted on the 15"' day of March, 2004, is hereby amended as follows: I Section 14 is amended by deleting the following: 14 During the period from December 2" d to and including December 24"', a person may obtain one twelve (12) ininute extension of his initial parking time upon the deposit in the parking meter of another $0.10 coin. 2 Section 14 is amended by adding to it the following: 14 During the period from December 2nd to and including December 24'11, a person may obtain one courtesy voucher for a twelve (12) minute extension upon the expiration of the initial parking time. 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 November, A.D. 2009 and signed by. Mayor /Maire ARRfTf N' M-7 ARRtTt MODIFIANT VARRftt CONCERNANT LES ZONES DE STATIONNEMENT ET L'UTILISATION DES PARCOMfETRES ET DES HORODATEURS Lors d'une reunion du conseil communal, The City of Saint John a d6cr&6 cc qui suit. Pars les pr6sentes, 1'arret6 de The City of Saint John intitul6 << Arrdt6 concemant les zones de stationnement et Putilisation des parcom6tres et des horodateurs >r d6cr6t6 le 15 mars 2004, est modif16 comme suit: I Le paragraphe 14 est modifi& par la suppression de ce qui suit : 14 Pendant ]a p6riode qui s'6tend du 2 d6ceinbre au 24 d6cembre inclusivement, it est permis d'obtenir Lin prolongernent de 12 minutes du temps de stationnement initial en d6posant dans le parcom6tre une autre pi&ce de dix cents. 2 Le paragraphe 14 est modifi6 par I'addition de cc qui suit : 14 Pendant la p6riode du 2 d6cernbre au 24 d6cembre inclusivement, les int6ress&s pourront obtenir im bon gratuit de prolongement de 12 minutes de lcur temps de stationnement A 1expiration de ]a p6riode initiale de stationnement. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr8t6 le novembre 2009, avec les signatures suivantes : f5, Nov 13, 2009 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Taxation Review Committee At a recent meeting of the Cities of New Brunswick Association I attended, the issue of tax accountability, as recently instituted by the provincial government, was a topic that received considerable attention. In conversation with councilors from other municipalities, I came across a plan that had been pursued by the City of Moncton (courtesy of the Deputy Mayor, Merrill Henderson) that engaged citizens in a review of the tax regime in their city. I thank Merrill and the City of Moncton for their permission to borrow some of their language for the motion I am submitting. The province has committed to a new level of transparency and openness in the determination of tax rates for municipalities. In a similar spirit, the City of Saint John and Common Council should commit to helping citizens understand the complex relationship between the tax rate and the City's ability to do business. By engaging citizens in a Taxation Review Committee, Council will procure an independent and transparent assessment of the appropriateness of the tax rate while making the entire process of setting the tax rate more easily understood by the public at large. Motion: That council establish a Taxation Review Committee and appoint seven citizens and four councillors to review, study and report to Council with respect to taxation and spending by the City, and to make recommendations as to whether tax cuts are achievable, given the current and future commitments of the City of Saint John, while at the same time enhancing quality of life and aggressively pursuing prosperity, all with a goal of assessing the fairness and appropriateness of the current tax level as well as offering comment on what a fair and appropriate tax level for our citizens might be on a go forward basis. Respectfully submitted, (received via e -mail) Councillor Killen SAINT JOHN P.O. Box 19171 Saint Xhn, NB Carwla U 40 C �"wsairs:lir hii,ca �� C A 19711 Saftit John, , -19, Qmida EA 4LJq 383 November 23L2OO9 Your Worship Mayor Ivan Court & Members mf Common Council: Issue: Simms Corner Transportation Enhancement Project R * Had personal conversation with Transportation Minister Landry last week regarding Simms Corner Project. 0 He advised me to communicate with him as soon as possible. m 1 emailed him late last week to inform him of our wish to meet with him to discuss this very critical infrastructure project to Saint John. 0 Will report back to Council when meeting date has been established. received and filed. Pe-ter K8cuu|na Councillor — City uf Saint John SAINT JOHN RO. Box 1971 Saint John, NB Canada E21-41-1 | wwwsaintjohn.ca | CA 1971 -Saint John, N,.-B. Canada E2L4L1 M.............. .............. November 19, 2009 His Worship Mayor Court and Members of Common Council Your Worship and Councillors: Subject: Resolutions Re Council's Municipal Plan Committee At its meeting of November 9, 2009, Council adopted a resolution which approved the creation of a "Citizen's Advisory Committee for the Municipal Plan". Council subsequently resolved that "the Acting City Manager be directed to provide Council with previous resolutions relating to the establishment of Council's Municipal Plan Committee," In response to the latter resolution, the Clerk's office has identified the following two resolutions which were adopted by Common Council on October 20, 2008, and October 27, 2008 respectively: "RESOLVED that Council establish a Municipal Plan Council Committee and that the matter be referred to the Nominating Committee," 2. "RESOLVED that the appointments to committees be approved as follows: Councillor Killen be appointed as chair, and to appoint Councillors Higgins, Mott and Snook to the Municipal Plan Committee until the end of their terms on Council" Therefore, should Council choose to rescind the October 20 and 27, 2008 resolutions respecting Council's Municipal Plan Committee, the text in that regard would be as follows: RESOLVED that the following resolution adopted by Common Council on the 20'h day of October 2008: "RESOLVED that Council establish a Municipal Plan Council Committee and that the matter be referred to the Nominating Committee." and further, that the following resolution adopted by Common Council on the 27Th day of October 2008: "RESOLVED that the appointments to committees be approved as follows: Councillor Killen be appointed as chair, and to appoint Councillors Higgins, Mott and Snook to the Municipal Plan Committee until the end of their terms on Council" are hereby rescinded. @- — .. ... ........... 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 385 Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk 386 'REPORT TO COiMMON COUNCIL November 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: c"111 The Cit- y of Saint John SUBJECT: Presentation re- 2010 Assessment Base Impact On Friday November 13th the Province released the assessment base data which is used in the preparation of the 2010 budget. The data provided by the Province for 2010 differs from that provided in previous years due to the fact that the Province along with providing the assessment base data is also proposing a tax rate to be adopted by the City. The proposed tax rate is computed based on the application of an adjustment factor. This adjustment factor is arrived at by comparing what is called the notional assessment base to the actual assessment base. The Province is calling this the Property Tax Accountability Mechanism. This presentation will provide to Council an explanation of how the proposed tax rate is calculated, how the notional assessment base is calculated, and the impact on the 2010 budget. 387