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2008-03-31_Agenda Packet--Dossier de l'ordre du jour
City of Saint John Common Council Meeting Monday, March 31, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.1 Contract Negotiations 10.2(4)(c) 1.2 Contract Negotiations 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. 2. Approval of Minutes 2.1 March 17 and 18, 2008 Council Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Right of Way Agreement Former Carleton St (Recommendation in Report) 5.2 Public Hearing Date 531 Dunn Ave (Recommendation in Report) 5.3 Purchase of Sidewalk Plows (Recommendation in Report) 5.4 Replacement Refuse Packer (Recommendation in Report) 5.5 Playground Equipment for the Lowell Street Field (Recommendation in Report) 5.6 Tender for Visitor Guides (Recommendation in Report) 5.7 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 5.8 Engineering Inspection Services 2008 (Recommendation in Report) 5.9 Digital Orthophotography (Recommendation in Report) 5.10 Sale of former Hillcrest Rd (Recommendation in Report) 5.11 Red Head Rd and Harbourview Subdivision (Recommendation: Refer to City Manager and Clerk) 5.12 Request for Funding Loyalist Zone, 50 Plus Friendship (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 6:30 p.m. 8.1 Elections NB 9. Public Hearings 7:00 p.m. 9.1(a)(b) Proposed Municipal Plan and Zoning By -law Amendments 2 St Paul St 9.1(c) Planning Advisory Committee Recommending Proposed Municipal Plan Amendment and Rezoning 9.2(a) Proposed Zoning By -law Amendment 990 Sand Cove Rd 9.2(b) Planning Advisory Committee Recommending Denial of Rezoning Application 9.3(a)Proposed Secton 39 Amendment 120 McDonald St 9.3(b) Letters of Opposition 9.3(c) Planning Advisory Committee Recommending Section 39 Amendment 9.4(a) Proposed Zoning By -law Amendment 55 McDonald St 9.4(b) Planning Advisory Committee Recommending Proposed Rezoning 10. Consideration of By -laws 10.1 Public Presentation Proposed Municipal Plan Amendment 80 Crane Mountain Rd 10.2(a) City Solicitor Report Rezoning 117 Carleton Street 10.2(b) Third Reading Zoning By -law Amendment 10.2(c) Section 39 Conditions 11. Submissions by Council Members 11.1 Asphalt Resurfacing & Repairs (Councillor Ferguson) (Forwarded from Mar 17,18) 11.2(a) Police Justice Complex (Councillor Tait)(Tabled March 3- 4,2008)(Forwarded from Mar 17,18) 11.2(b) Tabled Item for Discussion Questions on the Police Justice Project (Councillor Tait))(Tabled March 3- 4,2008) (Forwarded from Mar 17,18) 11.3 Election Sign Recycling Program (Deputy Mayor Hooton))(Tabled March 3- 4,2008) (Forwarded from Mar 17,18) 11.4 Passenger Train Service (Councillor Farren)(Forwarded from Mar 17,18) 11.5 Information on Upper Floor Grants (Councillor Farren) (Forwarded from Mar 17,18) 11.6 Green Fleet (Councillor Chase) (Forwarded from Mar 17,18) 11.7 Policing Environment (Councillor Court) (Forwarded from Mar 17,18) 11.8 Ambulance New Brunswick (Councillor Court) (Forwarded from Mar 17,18) 11.9 Bay Ferries Saint John to Digby Service (Councillor Court)(Forwarded from Mar 17,18) 11. 10 Federation of Canadian Municipalities (Councillor Court) (Forwarded from Mar 17,18) 11. 11 Update on One Mile House Interchange (Councillor Farren) 11.12 Waste Pick -up (Councillor Court) 12. Business Matters - Municipal Officers 12.1 Saint John Water Annual Wastewater Report (First) (Forwarded from Mar 17,18) 12.2 Rockwood Park Redevelopment Plan (Forwarded from Mar 17,18) 12.3 Debt Capacity of Capital Program (Tabled Mar 17, 18) 12.4 Aerial Platform Truck 12.5 Request for Proposal Reversing Falls 12.6 Crescent Valley Neighbourhood Organization 12.7 Land Acquisition Thorne Ave Lift Station #4 Project 12.8 Water Service, Sustainability, Quality, Future Generations oil 13. Committee Reports 13.1 Planning Advisory Committee Recommending Assent to Municipal Services and Public Utility Easements 64 72 Queen St 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Rockwood Park Golf Course and Aquatic Driving Range Report (Forwarded from Mar 17,18) 15.2 Request to Support the Maintenance of Early French Immersion 16. Adjournment 3 City of Saint John Seance du conseil communal Le lundi 31 mars 2008 Comite plenier 1. Ouverture de la seance 17 h Salle de conference du 8e etage 1.1 Negociations contractuelles — alinea 10.2(4)c) 1.2 Negociations contractuelles — alinea 10.2(4)c) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 15 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance du conseil communal tenue les 17 et 18 mars 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Convention d'emprise avec 1'ancienne rue Carleton (recommandation formulee au rapport) 5.2 Date de la tenue d'une audience publique relative au 531, avenue Dunn (recommandation formulee au rapport) 5.3 Achat de deneigeuses de trottoir (recommandation formulee au rapport) 5.4 Remplacement du carrion compacteur (recommandation formulee au rapport) 5.5 Materiel de terrains de jeux pour le terrain de la rue Lowell (recommandation formulee au rapport) 5.6 Soumission relative aux guides touristiques (recommandation formulee au rapport) 5.7 Soumission relative aux melanges de Mon asphaltique (recommandation formulee au rapport) 5.8 Services d'inspection d'ingenierie 2008 (recommandation formulee au rapport) 5.9 Orthophotographie numerique (recommandation formulee au rapport) 5.10 Vente de 1'ancien chemin Hillcrest (recommandation formulee au rapport) 5.11 Chemin Red Head et lotissement Harbourview (recommandation: transmettre au directeur general et au greffier) 5.12 Demande de financement de la Loyalist Zone, amitie pour les 50 ans et plus (recommandation : transmettre au directeur general) 6. Commentaires presentes par les membres 7. Proclamation M 8. Delegations et presentations 18b30 8.1 Elections Nouveau - Brunswick 9. Audiences publiques 19b 9.1a)b) Projet de modification du plan municipal et de 1'arrete de zonage visant le 2, rue St Paul 9.1c) Comite consultatif d'urbanisme recommandant le projet de modification du plan municipal et du rezonage 9.2a) Projet de modification de 1'arrete de zonage visant le 990, chemin Sand Cove 9.2b) Comite consultatif d'urbanisme recommandant le rejet de la demande de rezonage 9.3a) Modification proposee aux conditions imposees en vertu de Particle 39 relativement au 120, rue McDonald 9.3b) Lettres d'opposition 9.3c) Comite consultatif d'urbanisme recommandant la modification de Particle 39 9.4a) Projet de modification de 1'arrete de zonage visant le 55, rue McDonald 9.4b) Comite consultatif d'urbanisme recommandant le rezonage propose 10. Etude des arretes municipaux 10.1 Presentation publique relative a la modification proposee du plan municipal visant le 80, chemin Crane Mountain 10.2a) Rapport de 1'avocat municipal relatif au rezonage visant le 117, rue Carleton 10.2b) Troisieme lecture de la modification de 1'arrete de zonage 10.2c) Conditions imposees par Particle 39 11. Intervention des membres du conseil 11.1 Resurfa� age d'asphalte et reparations (conseiller Ferguson) (point reporte de la seance du 17 et 18 mars) 11.2a) Centre judiciaire et policier (conseiller Tait) (proposition presentee les 3 et 4 mars 2008) (point reporte de la seance du 17 et 18 mars) 11.2b) Point reporte pour les questions a debattre relativement au projet de centre judiciaire et policier (conseiller Tait) (proposition presentee les 3 et 4 mars 2008) (point reporte de la seance du 17 et 18 mars) 11.3 Programme de recyclage des panneaux electoraux (mairesse suppleante Hooton) (proposition presentee les 3 et 4 mars 2008) (point reporte de la seance du 17 et 18 mars) 11.4 Service ferroviaire pour passagers (conseiller Farren) (point reporte de la seance du 17 et 18 mars) 11.5 Renseignements sur le programme de subvention relatif a la restauration des etages superieurs (conseiller Farren) (point reporte de la seance du 17 et 18 mars) 11.6 Flotte ecologique (conseiller Chase) (point reporte de la seance du 17 et 18 mars) 11.7 Environnement des services de police (conseiller Court) (point reporte de la seance du 17 et 18 mars) 11.8 Ambulance Nouveau - Brunswick (conseiller Court) (point reporte de la seance du 17 et 18 mars) 11.9 Navette entre Saint John et Digby assuree par Bay Ferries (conseiller Court) (point reporte de la seance du 17 et 18 mars) 5 11. 10 Federation canadienne des municipalites (conseiller Court) (point reporte de la seance du 17 et 18 mars) 11.11 Mise a jour relative a 1'echangeur d'un mille (conseiller Farren) 11.12 Ramassage des dechets (conseiller Court) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Rapport annuel relatif au reseau d'aqueduc et d'egouts de Saint John (premier) (point reporte de la seance du 17 et 18 mars) 12.2 Projet de reamenagement du parc Rockwood (point reporte de la seance du 17 et 18 mars) 12.3 Capacite d'emprunt du programme d'immobilisation (proposition presentee les 17 et 18 mars) 12.4 Camion a plate -forme elevatrice 12.5 Demande de proposition — Chutes reversibles 12.6 Organisation du quartier Crescent Valley 12.7 Projet d'acquisition fonciere — station de relevement ri 4 de Pavenue Thorne 12.8 Reseau d'aqueduc, durabilite, qualite, generations futures 13. Rapports deposes par les comites Comite consultatif d'urbanisme recommandant que soient approuvees les servitudes de services municipaux et d'entreprise de service public situees du 64 au 72, rue Queen 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Rapport sur le terrain de golf et champ d'exercice de golf aquatique du parc Rockwood (point reporte de la seance du 17 et 18 mars) 15.2 Demande de soutien pour le maintien du programme d'immersion precoce en fran�ais 16. Levee de la seance A present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White -and - T. Totten, City Manager; L. Farrell, Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; W. Edwards, Commissioner of Buildings and Inspection Services; S. Herring, Planning and Development; A. Beckett, Deputy City Manager of Programs and Priorities; S. Galbraith, A. Bodechon, Chief of Police; M. Gillan, Deputy Fire Chief, B Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk; J. Ferrar, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE LE 17 MARS 2008, A 17 H 40, ET LE 18 MARS 2008, A 16H30 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; Me L. Farrell, avocate; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; W. Edwards, commissaire aux services d'inspection et des batiments; S. Herring, urbanisme et developpement; A. Beckett, directeur general adjoint, programmes et priorites; S. Galbraith; A. Bodechon, chef de police; M. Gillan, chef adjoint du service d'incendie; B. Morrison, commissaire aux services des loisirs; E. Gormley, greffiere communale; ainsi que J. Ferrar, adjointe administrative. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Don Ingersol of Kings Valley Wesleyan Church offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane et le pasteur Don Ingersol de I'eglise Wesley de la vallee Kings recite la priere d'ouverture. 2 Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on March 3 and 4, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que les proces - verbaux des reunions du Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of item 3.0, Appointment of Common Clerk. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que l'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 3.0, Nomination de la greffiere communale. A ('issue du vote, la proposition est adoptee. 3.0 Appointment of Common Clerk On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the resignation of J. Patrick Woods from the position of Common Clerk of The City of Saint John is hereby accepted, effective March 17, 2008 and further, that Elizabeth Gormley is hereby appointed Common Clerk of The City of Saint John pursuant to Section 74(2) of the Municipalities Act of the Province of New Brunswick, effective March 17, 2008, beginning at an annual rate of pay established at Group 7 Step 2 on the 2008 Management Salary grid, and provided with five weeks of annual vacation. Question being taken, the motion was carried. On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that Common Council institute a performance measurement system for new senior management employees. Mayor McFarlane stated that he was advised by the Common Clerk that the proposed motion does not relate to the appointment of the Common Clerk and asked Councillor Ferguson to submit this for Council's consideration at the next meeting. A point of order was raised by Councillor Farren stating that he was under the impression that Robert's Rules states that any motion put forward in a duly constituted meeting has to be dealt with. Responding, Mayor McFarlane reiterated that the item does not relate to the appointment that was just made. Councillor Farren asked that the Common Clerk report back to Council advising where it states that a motion on the floor is out of order. 3.0 Nomination de la greffiere communale Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que la demission de J. Patrick Woods, titulaire du poste de greffier communal de The City of Saint John, soit acceptee a compter du 17 mars 2008, et que Elizabeth Gormley soit par les presentes nommee greffiere communale de The City of Saint John en vertu des dispositions de I'article 74(2) de la Loi surles municipalites de la province du Nouveau - Brunswick, a partir du 17 mars 2008, selon le taux annuel de remuneration correspondant a 1'echelon 2 du groupe 7 de la grille de remuneration pour Ies cadres 2008 et le droit a un conge annuel de cinq semaines. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU que le conseil communal etablisse un systeme d'evaluation du rendement pour Ies nouveaux et Ies anciens employes maire demande donc au conseiller Ferguson de soumettre ce point a 1'examen du conseil au cours de la prochaine reunion. Le conseiller Farren invoque le reglement en alleguant que, selon Iui, le code Robert's Rules of Order stipule que toute proposition presentee au cours d'une reunion dument constituee doit titre abordee. Le maire McFarlane repond en reiterant que le point n'est pas lie a la nomination qui vient d'etre faite. Le conseiller Farren demande a la greffiere communale de faire un compte rendu au conseil informant Ies membres de I'endroit o6 it est precise qu'une proposition est irreguliere. 3.1 Cities and Environment Unit Dalhousie University Development and Design Guidelines Mr. Beckett introduced Frank Palermo of the Dalhousie University Cities and Environment Unit. Referring to an electronic presentation, which was distributed to Council members, Mr. Palermo commented regarding a workshop related to design guidelines for the North of Union project and provided Council with an overview of the Cities and Environment Unit's participation with respect to the public consultation process for this project. Expressing the view that the project is significant for Saint John, he pointed out that it could become a catalyst for further development and encouraged the City to take a leadership role. The presentation concluded with Mr. Palermo advising that a Police Station could fit in the area, and stressing the importance of having public consultation and proposing the following recommendations for Council's consideration - (Councillor Chang entered the meeting during the above presentation.) Accept Big Ideas, Guide to Public Improvements, Design Guidelines and the Concept Plan in principle and use these as the basis for developing a more detailed site plan and set of design guidelines for the North of Union project. 2. Endorse ongoing public engagement and involvement in the development and implementation of planning strategies and policies for Uptown Saint John and the North of Union site. A brief discussion followed with Mr. Palermo responding to questions from Council members. Mayor McFarlane suggested that staff prepare a report for Council's consideration at a special meeting with the recommendations to include Mr. Palermo's proposals. 3.1 Departement des villes et de 1'environnement de I'Universite Dalhousie — Elaboration et conception des lignes directrices M. Beckett presente Frank Palermo du departement des villes et de 1'environnement de I'Universite Dalhousie. Se reportant a une presentation electronique, distribuee aux membres du conseil, M. Palermo formule des commentaires sur le groupe de travail elaborant Ies lignes directrices relatives au projet du nord de la rue Union. M. Palermo presente ensuite un aperqu de la participation du departement des villes et de 1'environnement en ce qui a trait au processus de consultation publique du projet. M. Palermo exprime son opinion selon laquelle le projet est important pour Saint John compte tenu que celui -ci pourrait constituer un catalyseur d'amenagement a I'avenir et, pour cette raison, encourage la Ville a jouer un role de leadership. M. Palermo termine sa presentation en indiquant qu'un quartier general du service de police pourrait titre amenage dans le secteur tout en soulignant ('importance de tenir une consultation publique. M. Palermo soumet Ies recommandations ci -apres a 1'examen du conseil. (Le conseiller Chang se joint a la reunion au cours de la presentation.) Que Ies grandes idees soient acceptees, que Ies ameliorations publiques soient orientees, que Ies lignes directrices et le plan conceptuel d'amenagement de principe soient elabores et utilises comme assise d'un plan de situation et d'un ensemble de lignes directrices d'amenagement plus detailles servant au projet du nord de la rue Union. rapport aux fins d'examen par le conseil dans le cadre d'une reunion extraordinaire. Les recommandations du rapport devront comprendre celles de M. Palermo. 3.2 Investment Consultant, Vaino Keelmann Presentation Mr. Greg Yeomans introduced the Performance Manager for the City of Saint John Pension Board, Vaino Keelmann of API Asset Performance Inc. Referring to a submitted electronic slide presentation, Mr. Keelmann provided Council with an overview of the City of Saint John's Pension Fund performance commenting that it is the Fund's Balanced Fund Performance Objective to achieve an annual return of 3.85% above inflation calculated by the Consumer Price Index. He continued with a review of the following annual returns 2007 - 2.5 %; 2006 - 16.4 %, 2005 - 17.4 %; 2004 - 11.6% and 2003 - 12.8 %. The Investment Manager's performance was reviewed as well as the asset mix commitment and asset mix breakdown of the Fund. The presentation concluded with Mr. Keelmann responding to questions from Council members and expressing the opinion that the Fund is performing very well and there is no need to make any changes. (Councillor Titus withdrew from the meeting as he was not present for the March 3, 2008 public hearings for the proposed re- zoning of the following properties - 10 St. James Street, 145 Loch Lomond Road, 117 Carleton Street and Heather Way, Grandview Avenue and Wyatt Crescent) 3.2 Presentation de Vaino Keelmann, expert - conseil en placement M. Greg Yeomans presente le gestionnaire du rendement de la Commission des pensions de The City of Saint John, Vaino Keelmann de API Asset Performance Inc. Se reportant a une presentation electronique de diapositives, M. Keelmann fait le compte rendu du rendement de la caisse de retraite de The City of Saint John en mentionnant que l'objectif du fonds equilibre de la caisse est d'atteindre un rendement annuel de 3,85 % plus eleve que le taux d'inflation calcule en fonction de l'indice des prix a la consommation. M. Keelmann poursuit par un examen des rendements annuels, soit 2,5 % en 2007; 16,4 % en 2006; 17,4 % en 2005; 11,6 % en 2004 et 12,8 % en 2003. Le rendement du directeur des placements est passe en revue tout comme 1'engagement et la ventilation de la composition de I'actif de la caisse de retraite. M. Keelmann termine sa presentation en repondant aux questions des membres du conseil. 11 indique que, selon Iui, le rendement de la caisse de retraite est tres fort et qu'il n'est donc pas necessaire d'y apporter de changements. (Le conseiller Titus quitte la reunion puisqu'il n'etait pas present a I'audience publique tenue le 3 mars 2008 visant Ies proprietes suivantes : 10, rue St. James, 145, chemin Loch Lomond, 117, rue Carleton et voie Heather, avenue Grandview et croissant Wyatt.) 10. Consideration of By -laws 10.1(a)Third Reading Municipal Plan Amendment 10 St. James Street 10.1(b)Third Reading Zoning By -law Amendment 10.1(c)Section 39 Conditions On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 105 -15 A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A and 2 -C the Future Land Use Plan by re- designating a parcel of land with an area of approximately 590 square metres located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from Medium Density Residential to Approved Commercial Development classification and by adding to the list of Approved Commercial Developments, be read. Question being taken, the motion was carried. The by -law entitled "By -law Number C.P. 105 -15 A Law to Amend the Municipal Plan RESOLVED that the by -law entitled, "By -law Number C.P. 105 -15 A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A and 2 -C the Future Land Use Plan by re- designating a parcel of land with an area of approximately 590 square metres located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from Medium Density Residential to Approved Commercial Development classification and by adding to the list of Approved Commercial Developments, 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 -15 A Law to Amend the Municipal Plan By -law ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -64 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 590 square metres located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from "RM -IF" Multiple Residential Infill to "B -2" General Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -64 A Law to Amend the Zoning By -law of the City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, be subject to the following conditions: a. That the non - residential use of the property be restricted to a business office within the existing building. b. That vehicular access to the site be restricted to a single commercial access meeting the requirements of the Zoning By -law. c. That the Developer must pave all access, maneuvering and parking areas with asphalt. d. That paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage. e. That adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. f. That all developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. g. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -64 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 590 square metres located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from "RM -IF" Multiple Residential Infill to "B -2" General Business classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -64, A Law to Amend the Zoning By -law of the City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture de la modification du plan municipal visant le 10, rue St. James 10.1b) Troisieme lecture de la modification de I'arrete de zonage 10.1 c) Conditions imposees par I'article 39 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no 105 -15 modifiant I'arrete relatif au plan municipal >>, visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 10, rue St. James, d'une superficie approximative de 590 metres carres et portant les N I D 00001735 et 55061485, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 105 -15 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete no C.P. 105- 15 modifiant I'arrete relatif au plan municipal >>, visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 10, rue St. James, d'une superficie approximative de 590 metres carres et portant les N I D 00001735 et 55061485, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 105 -15 modifiant I'arrete relatif au plan municipal >>. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete no C.P. 110- 64 modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 590 metres carres, situee au 10, rue St. James et portant les NID 00001735 et 55061485, en vue de faire passer la classification de zone d'edification de logements multiples sur terrain intercalaire « RM- IF » a zone commerciale generale « B -2 >>, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme, I'amenagement propose d'une parcelle de terrain situee au 10, rue St. James, d'une superficie approximative de 590 metres carres et portant Ies NID 00001735 et 55061485, soit assujetti aux conditions suivantes : a) ('usage non residentiel de la propriete se Iimite a I'amenagement d'un bureau d'affaires a I'interieur de I'immeuble existant; b) I'acces des vehicules a ('emplacement se Iimite a un seul acces commercial satisfaisant aux exigences fixees par I'arrete sur le zonage; c) le promoteur doit asphalter toutes Ies aires d'acces, de manceuvre et de stationnement; d) Ies aires asphaltees doivent titre entourees de bordures continues de beton coulees sur place au besoin pour proteger Ies espaces paysagers et pour faciliter le drainage; e) le promoteur doit assurer des installations adequates de drainage, y compris des puisards, conformement a un plan de drainage detaille dresse par le promoteur et sujet a I'approbation de I'ingenieur municipal en chef ou de son representant; f) le promoteur doit prevoir I'amenagement paysager des aires amenagees de ('emplacement o6 it n'y a pas de batiments, de voies d'acces, d'allees pietonnieres et d'aires de stationnement ou de chargement. L'amenagement paysager doit se prolonger sur le droit de passage municipal jusqu'a la bordure de la rue ou au trottoir; g) ('emplacement doit titre amenage conformement a un plan de situation detaille, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement, indiquant ('emplacement de tous Ies batiments, Ies aires de stationnement, Ies voies d'acces, Ies aires de chargement, Ies affiches, I'eclairage exterieur, Ies espaces paysagers et Ies autres caracteristiques de ('emplacement, y compris celles susmentionnees. Le plan de situation doit titre joint a la demande de permis de construction relative au projet d'amenagement; h) tous Ies travaux d'amelioration indiques sur Ies plans de situation et de drainage doivent titre termines dans un delai d'un an a compter de la date de delivrance du permis de construction. A I'issue du vote, la proposition est adoptee Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no C. P. 110- 64 modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 590 metres carres, situee au 10, rue St. James et portant Ies NID 00001735 et 55061485, en vue de faire passer la classification de zone d'edification de logements multiples sur terrain intercalaire « RM- IF » a zone commerciale generale « B -2 >>, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no 110 -64 modifiant I'arrete sur le zonage de The City of Saint John >>. 10.2(a)Third Reading Development Scheme By -law Amendment Heather Way, Grandview Aveenue, & Wyatt Crescent 10.2(b)Third Reading Zoning By -law Amendment 10.2(c)Section 39 Conditions On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 12 -1 A Law to Amend the Development Scheme By -law ", amending the Saint John East Development Scheme by removing from the Scheme a parcel of land Question being taken, the motion was carried. The by -law entitled "By -law Number C.P. 12 -1 A Law to Amend the Development Scheme By -law " was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 12 -1 A Law to Amend the Development Scheme By -law ", amending the Saint John East Development Scheme by removing from the Scheme a parcel of land located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent having an area of approximately 20 hectares, also identified as being PID Numbers 00456640, 00456657, 00456665, 55124341 and 55124358 together with the Local Common located adjacent to PID Numbers 00456640, 00456657 and 00456665, 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, "A Law to Amend the Development Scheme By -law ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled "By -law Number C.P. 110 -66 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent having an area of approximately 20 hectares, also identified as being PID Numbers 00456640, 00456657, 00456665, 55124341 and 55124358 together with the Local Common located adjacent to PID Numbers 00456640, 00456657 and 00456665 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential classification, be read. Question being taken, the motion was carried. The by -law entitled "By -law Number C.P. 110 -66 A Law to Amend the Zoning By -law of the City of Saint John" was read in its entirety. On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the Section 39 Conditions for Heather Way, Grandview Avenue and Wyatt Crescent include the testing of wells before and after the development. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the Section 39 Conditions for Heather Way, Grandview Avenue and Wyatt Crescent require that all homeowners adjacent to the development and those separated from the development by a street be provided with a copy of the inspection on their property. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land with an area of approximately 20 hectares (49 acres), located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Numbers nnACnn An nnACGGG7 nnAE000G =4'14044 ......J GL4'140G0 1.. ....iL. .. .. ...aL. LL__ I ---I all homes adjacent to the development and those separated from the development by a street and homeowners be provided with a copy of this inspection; (b) Blasting only occur between the hours of 7:00 a.m. to 7:00 p.m. Monday to Friday; and (c) Testing of wells before and after the development be carried out. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled "By -law Number C.P. 110 -66 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent having an area of approximately 20 hectares, also identified as being PID Numbers 00456640, 00456657, 00456665, 55124341 and 55124358 together with the Local Common located adjacent to PID Numbers 00456640, 00456657 and 00456665 from "RS -2" One and Two family Suburban Residential to "R -2" One and Two Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -66, A Law to Amend the Zoning By -law of the City of Saint John ". 10.2a) Troisieme lecture des modifications a I'arrete concernant le projet d'amenagement visant la voie Heather, I'avenue Grandview et le croissant Wyatt 10.2b) Troisieme lecture de la modification de I'arrete de zonage 10.2c) Conditions imposees par I'article 39 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no C.P. 12 -1 modifiant I'arrete concernant le projet d'amenagement» , modifiant le document intitule Saint East Development Scheme » [plan d'amenagement de Saint John Est], en retirant de ce plan, la parcelle de terrain situee sur Ies deux cotes de la voie Heather, entre I'avenue Grandview et le croissant Wyatt, cette parcelle d'une superficie approximative de 20 hectares etant inscrite sous Ies NID 00456640, 00456657, 00456665, 55124341 et 55124358; et du terrain communal attenant aux parcelles inscrites sous Ies NID 00456640, 00456657 et 00456665, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 12 -1 modifiant I'arrete concernant le projet d'amenagement» est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete no C.P. 12 -' modifiant I'arrete concernant le projet d'amenagement» , modifiant le document intitule Saint East Development Scheme » [plan d'amenagement de Saint John Est], en retirant de ce plan, la parcelle de terrain situee sur Ies deux cotes de la voie Heather, entre I'avenue Grandview et le croissant Wyatt, cette parcelle d'une superficie approximative de 20 hectares etant inscrite sous Ies NID 00456640, 00456657, 00456665, 55124341 et 55124358; et du terrain communal attenant aux parcelles inscrites sous Ies NID 00456640, 00456657 et 00456665, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no C. P. 110- 66 modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain situee sur Ies deux cotes de la voie Heather, entre I'avenue Grandview et le croissant Wyatt, cette parcelle d'une superficie approximative de 20 hectares etant inscrite sous Ies NID 00456640, 00456657, 00456665, 55124341 et 55124358; et du terrain communal attenant aux parcelles inscrites sous Ies NID 00456640, 00456657 et 00456665, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 >>, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -66 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que Ies conditions imposees par I'article 39 visant la voie Heather, I'avenue Grandview et le croissant Wyatt comprennent 1'essai des puits avant et apres I'amenagement. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que Ies conditions imposees par I'article 39 visant la voie Heather, I'avenue Grandview et le croissant Wyattt fassent en sorte que tous Ies proprietaires adjacents a I'amenagement ainsi que ceux qui en sont separes par une rue regoivent une copie de ('inspection de leur propriete. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme, ('utilisation proposee d'une parcelle de terrain situee sur Ies deux cotes de la voie Heather, entre I'avenue Grandview et le croissant Wyatt, cette parcelle d'une superficie approximative de 20 hectares (49 acres) etant inscrite sous Ies NID 00456640, 00456657, 00456665, 55124341 et 55124358; et du terrain communal attenant aux parcelles inscrites sous Ies NID 00456640, 00456657 et 00456665, soit assujettie aux conditions suivantes : a) avant 1'execution de tous travaux de dynamitage sur la propriete, toutes Ies maisons adjacentes a I'amenagement et celles qui en sont separees par une rue doivent faire ('objet d'une inspection dont Ies proprietaires doivent recevoir une copie; b) Ies travaux de dynamitage sont exclusivement effectues de 7 h a 19 h, du lundi au vendredi; c) 1'essai des puits est effectue avant et apres I'amenagement. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que I'arrete intitule «Arrete no C. P. 110- 66 modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain situee sur Ies deux cotes de la voie Heather, entre I'avenue Grandview et le croissant Wyatt, cette parcelle d'une superficie approximative de 20 hectares etant inscrite sous Ies NID 00456640, 00456657, 00456665, 55124341 et GG4 '1AnCO. ..1 J.. 1.. ......:... ................ --I ..11..........1 —... .... — I-- soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -66 modifiant I'arrete sur le zonage de The City of Saint John >>. 10.3(a)Third Reading Zoning By -law Amendment 145 Loch Lomond Road 10.3(b)Section 39 Conditions On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -63 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 1530 square metres, located at 145 Loch Lomond Road, also identified as being PID Number 00320440, from "R -2" One and Two Family Residential to "B -1" Local Business classification, be read. Question being taken, the motion was carried. The by -law entitled, By -law Number C.P. 110 -63 A Law to Amend the Zoning By -law of the City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the aforementioned lot be subject to the following conditions: a) the use of the existing building is limited to an insurance office with a basement apartment; b) the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and approved by the Development Officer; C) the driveway and parking area must be paved with asphalt; d) the existing landscaped areas must remain and shall not be decreased in size; e) signage is permitted only as approved on the site plan by the Development Officer; f) mobile signs are prohibited. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -63 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 1530 square metres, located at 145 Loch Lomond Road, also identified as being PID Number 00320440, from "R -2" One and Two Family Residential to "B -1" Local Business classification, be a read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -63 A Law to Amend the Zoning By -law of the City of Saint John ". 10.3a) Troisieme lecture de la modification de I'arrete de zonage visant le 145, chemin Loch Lomond 10.3b) Conditions imposees par I'article 39 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C.P. 110- A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -63 modifiant I'arrete sur le zonage de The City of Saint John » est Iu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme, le rezonage du terrain susmentionne soit assujetti aux conditions suivantes : a) ('utilisation du batiment existant est limitee a un bureau d'assurance avec un logement au sous -sol; b) 1'emplacement doit titre amenage conformement au plan de situation detaille, prepare par le promoteur et approuve par I'agent d'amenagement; C) I'aire de stationnement et 1'entree doivent titre asphaltees; d) Ies espaces paysagers existants doivent titre conserves et Ieur superficie ne doit pas titre reduite; e) Ies enseignes ne sont autorisees que comme Ies a approuvees I'agent d'amenagement dans le plan de situation; f) Ies panneaux mobiles sont interdits. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C.P. 110- 63 modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 1 530 metres carres, situee au 145, chemin Loch Lomond, et inscrite sous le NID 00320440, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone commerciale locale « B -1 >>, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 110 -63 modifiant I'arrete de zonage de The City of Saint John >>. 10.4(a) Municipal Plan and Zoning By -law Amendments Proposed Section 39 Conditions 117 Carleton Street 10.4(b)City Solicitor's Report 10.4(c)Third Reading Municipal Plan Amendment 10.4(d)Third Reading Zoning By -law Amendment 10.4(e)Section 39 Conditions On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the City Solicitor's report regarding 117 Carleton Street, be received for information. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the report from the City Manager regarding the proposed Municipal Plan and Zoning By -law Amendments and Section 39 Conditions for 117 Carleton Street, be received for information. RESOLVED that the by -law entitled, "By -law Number C.P. 105 -16 A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A and 2 -C the Future Land Use Plan by re- designating a parcel of land located at 117 Carleton Street having an area of approximately 426 square metres, also identified as being PID Number 00037598, from Medium Density Residential to Approved Commercial Development classification and by adding to the list of Approved Commercial Developments, be read. Question being taken, the motion was carried. The by -law entitled, By -law Number C.P. 105 -16 A Law to Amend the Municipal Plan By- law" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 105 -16 A Law to Amend the Municipal Plan By -law ", amending Schedule 2 -A and 2 -C the Future Land Use Plan by re- designating a parcel of land located at 117 Carleton Street having an area of approximately 426 square metres, also identified as being PID Number 00037598, from Medium Density Residential to Approved Commercial Development classification and by adding to the list of Approved Commercial Developments, be a read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Councillor Farren voting nay. Read a third time by title, the by -law entitled "By -law Number C.P. 105 -16 A Law to Amend the Municipal Plan By -law ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the third reading of the Zoning By- law Amendment and Section 39 Conditions for 117 Carleton Street be tabled for two weeks. Question being taken, the tabling motion was carried. (Councillor Titus re- entered the meeting.) 10.4a) Projet de modification du plan municipal et de I'arrete de zonage des conditions imposees par I'article 39 visant le 117, rue Carleton 10.4b) Rapport de I'avocat municipal 10.4c) Troisieme lecture de la modification du plan municipal 10.4d) Troisieme lecture de la modification de I'arrete de zonage 10.4e) Conditions imposees par I'article 39 Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que le rapport de I'avocat municipal relatif au 117, rue Carleton soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que le rapport du directeur general, concernant le projet de modification du plan municipal et de I'arrete de zonage et les conditions imposees par I'article 39 relativement au 117, rue Carleton, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. modifiant I'arrete relatif au plan municipal >>, visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 117, rue Carleton, d'une superficie d'environ 426 metres carres et portant le NID 00037598, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la Iiste des zones d'amenagement commercial approuve, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 105 -16 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete no 105 -16 modifiant I'arrete relatif au plan municipal >>, visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 117, rue Carleton, d'une superficie d'environ 426 metres carres et portant le NID 00037598, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 105 -16 modifiant I'arrete relatif au plan municipal >>. Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que la troisieme lecture de la modification de I'arrete de zonage et des conditions imposees par I'article 39 visant le 117, rue Carleton, soit reportee a deux semaines. A I'issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. (Le conseiller Titus est de nouveau present a la reunion.) 10.5(a) Report from the City Manager 243 Prince William Street and 230 Water Street 10.5(b)Third Reading Municipal Plan 10.5(c)Third Reading Re- Zoning Amendments 10.5(d)Section 39 Conditions On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the by -law entitled, "By -law Number C.P. 105 -17 A Law to Amend the Municipal Plan By -law ", amending Schedules 2 -A, 2 -C, and 6 -A, the Future Land Use Plan, by re- designating the approximate southern half of a parcel of land with an area of approximately 5640 square metres located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676 from Transportation and Medium Density Residential to Uptown Regional Centre classification, and expanding the uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the uptown, be read. Question being taken, the motion was carried. (Councillor Chang withdrew from the meeting.) RESOLVED that the by -law entitled, "By -law Number C.P. 105 -17 A Law to Amend the Municipal Plan By -law ", amending Schedules 2 -A, 2 -C, and 6 -A, the Future Land Use Plan, by re- designating the approximate southern half of a parcel of land with an area of approximately 5640 square metres located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676 from Transportation and Medium Density Residential to Uptown Regional Centre classification, and expanding the uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the uptown, 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 -17 A Law to Amend the Municipal Plan By -law ". On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -67 A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 5640 square metres located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676, from "T" Transportation and "RM -1" Three Storey Multiple Residential to "ID" Integrated Development classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -67 A Law to Amend The Zoning By -law of the City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 5640 square metres, located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676, for a mixed commercial residential development be subject to a detailed agreement tying the development of the land to the applicant's specific proposal. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -67 A Law to Amend The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 5640 square metres located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676, from "T" Transportation and "RM -1" Three Storey Multiple Residential to "ID" Integrated Development classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -67 A Law to Amend The Zoning By -law of the City of Saint John "." On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the City Manager's report with respect to 243 Prince William Street and 230 Water Street, be received for information. Question being taken, the motion was carried. i u.oD) i roisieme lecture au plan municipal 10.5c) Troisieme lecture de la modification du rezonage 10.5d) Conditions imposees par I'article 39 Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que I'arrete intitule « Arrete no C.P. 105- 17 modifiant I'arrete relatif au plan municipal >>, modifiant Ies annexes 2 -A, 2 -C et 6 -A du plan d'amenagement futur des terres, en modifiant la classification d'environ la moitie de la partie sud d'une parcelle de terrain situee au 243, rue Prince William et au 230, rue Water, d'une superficie approximative de 5 640 metres carres et inscrite sous le NID 00006676, pour faire passer la classification de zone de transport et de zone residentielle de densite moyenne a celle de zone regionale du centre -ville et en elargissant Ies Iimites du centre -ville afin d'inclure la meme partie de la parcelle de terrain dans la zone de melange a fable densite au sein du centre - ville, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. (Le conseiller Chang quitte la reunion.) L'arrete intitule «Arrete no C.P. 105 -17 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C.P. 105- 17 modifiant I'arrete relatif au plan municipal >>, modifiant Ies annexes 2 -A, 2 -C et 6 -A du plan d'amenagement futur des terres, en modifiant la classification d'environ la moitie de la partie sud d'une parcelle de terrain situee au 243, rue Prince William et au 230, rue Water, d'une superficie approximative de 5 640 metres carres et inscrite sous le NID 00006676, pour faire passer la classification de zone de transport et de zone residentielle de densite moyenne a celle de zone regionale du centre -ville et en elargissant Ies Iimites du centre -ville afin d'inclure la meme partie de la parcelle de terrain dans la zone de melange a fable densite au sein du centre - ville, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 105 -17 modifiant I'arrete relatif au plan municipal >>. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete no C.P. 110- 67 modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 5 640 metres carres, situee au 243, rue Prince William et au 230, rue Water et inscrite sous le NID 00006676, en vue de faire passer la classification de zone de transport « T » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone de developpement integre « ID >>, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -67 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme, I'amenagement propose d'une parcelle de terrain d'une superficie approximative de 5 640 metres carres, situee au 243, rue Prince William et au 230, rue Water et inscrite sous le NID 00006676 concernant un projet de developpement commercial et residentiel, soit assujetti a une entente detaillee reliant I'amenagement du terrain a la proposition precise du demandeur. RESOLU que I'arrete intitule « Arrete no C. P. 110- 67 modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 5 640 metres carres, situee au 243, rue Prince William et au 230, rue Water et inscrite sous le NID 00006676, en vue de faire passer la classification de zone de transport « T » et de zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 » a zone de developpement integre « ID >>, fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 110 -67 modifiant I'arrete de zonage de The City of Saint John >>. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le rapport du directeur general, concernant le 243, rue Prince William et le 230, rue Water, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. On motion of Councillor Farren Seconded by Councillor White RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee Recommending Hart to Hart Subdivision 50 & 51 Heather Way On motion of Councillor Councillor Farren Seconded by Councillor White RESOLVED that: Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Hart to Hart tentative subdivision plan illustrating new public and future streets with approximately 145 serviced residential lots, as well as any necessary 336 Planning Advisory municipal services and public utility easements, on the following conditions: (a) That no driveway be constructed to or over any future street public right -of -way until such time such right -of -way is developed by a subdivider to acceptable public street standards; and (b) That a notation referencing the above condition be clearly placed on all registered final subdivision plans for this development. 2. Common Council assent to the proposed Land for Public Purposes dedications with an approximate total area of 0.8 hectares (1.9 acres), as illustrated on the submitted Hart to Hart tentative subdivision plan, which also provides a credit of 1,282 square metres (13,800 square feet), on the following conditions: (a) That a concrete walkway be constructed through the L.P.P. parcel ._.__._____11__ i._.____ —_o _ n___._.._ ___ —1 — __.__._ �._____._i n 1 1_.1 Subdivision Agreement(s). 3. Common Council amend its resolution of November 19, 2007 by allowing the developer to apply the Land for Public Purposes dedication credit of this subdivision to the previously approved Hart to Hart Builders Inc. Subdivision (Parcel "D ") at 256 Wyatt Crescent. 4. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 5. Common Council authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme recommandant le projet de lotissement Hart to Hart situe au 50 et 51, voie Heather Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que: le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan provisoire de lotissement Hart to Hart delimitant les nouvelles rues publiques et les rues futures, environ 145 lots residentiels viabilises de meme que toute servitude necessaire aux fins des services municipaux et publics, au nombre de 336, du Comite consultatif d'urbanisme, conformement aux conditions suivantes : a) qu'aucune entree menant a un droit de passage sur rue publique ou sur celui- ci ne soit construite avant qu'un tel droit de passage soit elabore par un lotisseur selon des normes acceptables en matiere de rue publique; b) qu'une note se rapportant a la condition susmentionnee soit clairement indiquee sur tous les plans de lotissement enregistres definitifs afferents a cet amenagement. 2. le conseil communal approuve I'affectation d'un terrain d'utilite publique d'une superficie approximative totale de 0,8 hectare (1,9 acre), comme I'illustre le plan provisoire de lotissement Hart to Hart qui prevoit egalement un credit de 1 282 metres carres (13 800 pieds carres), conformement aux conditions suivantes : a) qu'une allee en beton traversant la parcelle proposee de terrain d'utilite publique soit construite entre I'avenue Pacific, le croissant Boyaner, I'avenue Hart et le croissant Canary; b) que cette allee soit construite selon les specifications determinees par l'ingenieur municipal en chef, y compris toute installation de drainage necessaire, et que ces travaux soient inclus dans les conventions appropriees de lotissement entre la Ville et le promoteur. 3. le conseil communal modifie la resolution adoptee le 19 novembre 2007 en autorisant le promoteur a affecter le credit d'affectation d'un terrain d'utilite publique de ce lotissement au lotissement (parcelle « D ») approuve anterieurement pour 1'entrepreneur en construction Hart To Hart Builders Inc. au 256, croissant Wyatt; 4. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris I'elnhnratinn de mans de situation et de drainage detnilles smimis A 1'annrc concernant le lotissement. A ('issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee Recommending Subdivision Foriere Drive (filed as 2219 Loch Lomond Road) On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that: Common Council assent to one or more subdivision plans, in one or more phases, for the proposed creation of three lots and a parcel of land to be consolidated with an existing lot for Sunrise Park Subdivision — Phase 5 and to any required public utility easements. 2. Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including the proposed extension to Foriere Drive, and detailed street and drainage plans for the approval of the Chief City Engineer or his designate. 3. Common Council assent to the proposed Land for Public Purposes dedication having an area of approximately 3.25 hectares (8 acres). Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme recommandant le projet de lotissement de la promenade Foriere (depose sous 2219, chemin Loch Lomond) Proposition du conseiller Farren Appuyee par le conseiller Titus RESOLU que : le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases en vue de la creation proposee de trois lots et d'une parcelle de terrain devant titre annexee au terrain existant du lotissement du parc Sunrise, phase 5, en plus d'approuver toute servitude d'utilite publique; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, notamment le prolongement jusqu'a la promenade Foriere et I'elaboration de plans d'amenagement des rues et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ou de son representant; 3. le conseil communal approuve I'affectation d'un terrain d'utilite publique propose d'une superficie d'environ 3,25 hectares (8 acres). A Tissue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee Recommending Public Street Vesting 2100 Sandy Point Road On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that Common Council assent to the vesting of a parcel of land as a public street at the end of Scenic View Drive, as generally illustrated on the submitted Marilyn Galbraith Subdivision Plan dated January 18, 2008. Question being taken, the motion was carried. 13.3 Comite consultatif d'urbanisme recommandant ('inclusion d'une rue publique au 2100, chemin Sandy Point Proposition du conseiller Farren Appuyee par le conseiller Titus A I'issue du vote, la proposition est adoptee. 13.4 Planning Advisory Committee Recommending Proposed Subdivision 230 Water St. 243 Prince William St. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that Common Council assent to the proposed subdivision of the parcel of land having PID Number 00006676 with respect to the proposed vesting of Parcel "A" as a public street and any necessary municipal services easements and public utility easements. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the Council meeting adjourn after the presentation from ACAP Saint John. Question being taken, the motion was carried. Mayor McFarlane advised that the meeting will resume tomorrow, Tuesday, March 18, 2008 at 4:30 p.m. in the Council Chamber and will commence with item 11.3. 13.4 Comite consultatif d'urbanisme recommandant le projet de lotissement situe au 230, rue Water et au 243, rue Prince William Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le conseil communal approuve le lotissement propose de la parcelle de terrain inscrite sous le NID 00006676 relativement a la devolution proposee de la parcelle « A » en tant que rue publique, de meme que toute servitude necessaire aux fins de services municipaux et publics. A I'issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la seance du conseil communal soit levee apres la presentation de PAZCA de Saint John. A I'issue du vote, la proposition est adoptee. Le maire McFarlane indique que la seance sera rappelee demain, le mardi 18 mars 2008 a 16 h 30, dans la salle du conseil et que le point 11.3 sera le premier aborde. 8. Delegations /Presentations 8.1 ACAP Saint John Referring to his submitted electronic slide presentation regarding the Marsh Creek Restoration Initiative, Tim Vickers of ACAP Saint John explained that interest is being shared in this topic by Vision 2015 and the Benefits Blueprint process. He advised that the Sustainable Communities Roundtable put forth by the New Brunswick Department of Environment has selected Saint John as a pilot city. Continuing, he spoke regarding sustainable development advising that it occurs only when all three of the following components, environment, economy and society, are incorporated into design and implementation. Mr. Vickers concluded his presentation requesting that Council endorse the concept of the Marsh Creek Restoration Initiative as a priority sustainability project for the City of Saint John. RESOLVED that Common Council endorse the concept of the Marsh Creek Restoration Initiative as a priority sustainability project for the City of Saint John. Question being taken, the motion was carried 8. Delegations et presentations 8.1 PAZCA de Saint John Se reportant a une presentation electronique de diapositives portant sur ('initiative de restauration de Marsh Creek, Tim Vickers, de PAZCA de Saint John, explique que celle- ci, en tant que theme de la Vision 2015, suscite I'interet tout comme le processus detaille en matiere d'avantages. M. Vickers mentionne que les participants a la table ronde des collectivites durables, organisee par le ministere de I'Environnement du Nouveau - Brunswick, ont choisi Saint John comme ville pilote. En poursuivant, M. Vickers traite du developpement durable en indiquant que celui -ci n'est possible que si trois composantes, soit 1'environnement, I'economie et la societe, sont incorporees a la conception et a la mise en ceuvre. M. Vickers conclut sa presentation en demandant au conseil d'appuyer l'initiative de restauration de Marsh Creek en tant que projet prioritaire de durabilite de The City of Saint John. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que le conseil communal appuie ('initiative de restauration de Marsh Creek en tant que projet prioritaire de durabilite de The City of Saint John. A I'issue du vote, la proposition est adoptee. Tuesday, March 18, 2008 The Mayor reconvened the meeting at 4:30 p.m. which began on March 17, 2008 advising that it will adjourn at 6:00 p.m. (Councillor Chan was absent.) Le mardi 18 mars 2008 Le maire declare que la seance est rappelee a 16 h 30 afin de prolonger celle tenue le 17 mars 2008 et precise qu'elle sera levee a 18 h. (Le conseiller Chan est absent.) 6. Members Comments 6. Commentaires presentes par les membres 11.3 Waste By -law Exemptions to Permit Non Waste Generating Home Based Businesses (Councillor Chase) On motion of Councillor Chase Seconded by Councillor Farren RESOLVED that staff develop a process for providing home based businesses to apply for exemptions to the waste by -law. On motion of Councillor Tait Seconded by Councillor White RESOLVED that the process for providing home based businesses to apply for exemptions to the Waste By -law, be referred to the City Manager for assessment, evaluation, and associated costs and other implications be examined for putting such a procedure in place, with a report back to Council. home based businesses being responsible for their own pick -up be suspended until a report comes back to Council on this matter. (Councillor White entered the meeting.) Question being taken, the motion was carried. 11.3 Exemptions de I'arrete concernant les dechets afin de permettre I'etablissement d'entreprises a domicile ne produisant pas de dechet (conseiller Chase) Proposition du conseiller Chase Appuyee par le conseiller Farren RESOLU que les employes elaborent un processus pour permettre aux entreprises a domicile de demander des exemptions conformement a I'arrete concernant les dechets. Proposition du conseiller Tait Appuyee par le conseiller White RESOLU que le processus pour permettre aux entreprises a domicile de demander des exemptions conformement a I'arrete concernant les dechets soit transmis au directeur general aux fins d'examen, d'evaluation et des couts associes, et que les autres repercussions soient examinees en ce qui a trait a la mise en ceuvre d'un tel processus, et qu'un rapport soit presente au conseil. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Chase Appuyee par le conseiller White RESOLU que 1'echeance du 24 mars 2008, date a compter de Iaquelle les entreprises a domicile seraient responsables de Ieur propre collecte, soit suspendue jusqu'a ce qu'un rapport soit presente au conseil a ce sujet. (Le conseiller White se joint a la reunion.) A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Susan Tipper, Superintendent of School District 8 regarding lighting sports fields in Millidgeville be referred to the City Manager and Saint John Energy. 5.2 That the letter from Saint John Youth Hockey Association regarding Ice time be referred to the City Manager. 5.3 That as requested by Gulf Operators, requesting that its tender for Lily Lake Trail be withdrawn. 5.4 That as recommended by the City Manager the report regarding 2008 General Specifications Revisions be received for information. 5.5 That as recommended by the City Manager, Common Council adopt the attached revisions to Division 2 — Instructions to Tenderers and Tendering Procedures, Division 4 — Form of Tender, Division 5 — Form of Agreement, Division 6 — General Administration of Contract, and Division 27 — Asphalt Concrete of the City of Saint John General Specifications. 5.6 That as recommended by the City Manager, Common Council use its good in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue ")." therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $11,000,000. 5.9 That as recommended by the City Manager, advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated in the submitted sketch as requested by the Saint John West Business Association. 5.10 That as recommended by the City Manager: 1. The City of Saint John acquire a 270 square metre Municipal Services Easement/Easement for Municipal Services and common right -of -way, located on Lot #07 -02 as shown on the submitted subdivision plan from Scott Hatfield for $1,350. (plus HST if applicable) on or before April 30, 2008. a) As part of the above noted transaction, The City of Saint John will pay to a maximum of $500. plus H.S.T. (if applicable), the legal costs incurred by Scott Hatfield and any other associated administrative or registration costs that are required to secure the City's interest in the above mentioned easement; and b) The Mayor and /or Common Clerk are authorized to execute any necessary document. 2. The City of Saint John acquire a 191 square metre Municipal Services Easement/Easement for Municipal Services, located on Lot 07- 01, as shown on the submitted subdivision plan from Michelle Robichaud for $955. (plus HST if applicable) on or before April 30, 2008. a) As part of the above noted transaction, The City of Saint John will pay to a maximum of $500. plus H.S.T. (if applicable), the legal costs incurred by Michelle Robichaud and any other associated administrative or registration costs that are required to secure the City's interest in the above mentioned easement; and b) the Mayor and /or Common Clerk are authorized to execute any necessary document. 5.11 That as recommended by the City Manager: 1. The City of Saint John sell the fee simple interest in the subject property as identified on the submitted plan, consisting of 2,212 square metres ±, to Saint John Transit Commission, The City of Saint John offers for sale in the sum of $246,540. plus HST (if applicable). 2. Saint John Transit Commission be authorized to apply for a rezoning of the subject property, however, Common Council is not explicitly or implicitly obligated to approve the application. 3. The Mayor and Common Clerk be authorized to execute any document required to effect this transfer. 5.12 That as recommended by the City Manager, Common Council schedule the public hearings for the rezoning applications of Wayne D. Brown, 86 -88 Lansdowne Avenue, Hughes Surveys & Consultants Inc., 304 Westmorland Road, Terrain Group, 1060 Sandy Point Road, Saint John Industrial Parks Ltd., 1035 Burchill Road, and the Section 39 amendment application for Applied Pressure Inc., 101 Kennedy Street for Monday, April 14, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.14 That as recommended by the City Manager, the tender submitted by Castle Rock Construction, in the amount of $454,760.59 taxes included, for the construction of a boardwalk and trail on the north -west section of Lily Lake, be accepted. 5.15 That as recommended by the City Manager, the tender for the supply of Premium /High Performance Traffic Paint be awarded to Innis Paint Canada of Richibucto, NB as indicated on the submitted summary of bids. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of items, 5.7 Capital Program Impact on Debt Capacity and 5.16 Community Consultation North of Union, which have been identified for debate, be adopted. Question being taken, the motion was carried. Responding to questions raised with respect to item 5.7, Capital Program Impact on Debt Capacity, Mr. Yeomans began to review his report, at which time, a point of privilege was raised by Councillor Tait suggesting that it would be beneficial to the public if this matter was discussed when the Council meeting was being televised, noting that the meeting this evening is not being televised. On motion of Councillor Tait Seconded by Councillor Ferguson RESOLVED the item 5.7, Capital Program Impact on Debt, be tabled until the next meeting of Council. Councillor Court expressed concern stating that he may not be present for the next meeting of Council, March 31, 2008, and advised that he wishes to speak on the matter stressing that he wants his comments heard. Councillor Ferguson then withdrew, as seconder of the proposed motion expressing the opinion that if a Councillor wishes to speak on an issue, they should be permitted to do so. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that item 5.7, Capital Program Impact on Debt, be tabled until the next meeting of Council. Question being taken, the tabling motion was carried. Responding to questions regarding item 5.8, Capital Financing, Mr. Yeomans explained the date of April 16, 2008 on page 3 will have to be changed because it is 30 days from yesterday, rather than today, March 18, 2008. Discussion ensued concerning item 5.16, Community Consultation North of Union (Councillor Titus entered the meeting during the above discussions.) On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that item 5.16, Community Consultation North of Union be removed from the consent agenda and referred to the City Manager in addition to the report from the Cities and Environment Unit, for consultation with Frank Palermo and a report back to a Special Meeting of Council next week. Mayor McFarlane noted that a preliminary report would be forwarded to Frank Palermo of the Cities and Environment Unit at Dalhousie University for review. Question being taken, the motion was carried. 5.1 Que la lettre de Susan Tipper, directrice d'ecole du district 8, relative a I'eclairage des terrains de sport de Millidgeville soit transmise au directeur general et a Saint John Energy. 5.2 Que la lettre de la Saint John Youth Hockey Association relative au temps de glace soit transmise au directeur general. 5.3 Qu'a la demande de Gulf Operators, sa soumission relative au sentier de Lily Lake soit retiree. 5.4 Que, comme le recommande le directeur general, le rapport concernant les modifications apportees aux specifications generales 2008 soit accepte a titre informatif. 5.5 Que, comme le recommande le directeur general, le conseil communal adopte les specifications generales de The City of Saint John ci- jointes concernant la division 2 visant les directives relatives aux soumissionnaires et aux procedures d'appel d'offres, la division 4, le formulaire d'un soumissionnaire, la division 5, le formulaire d'entente, la division 6, I'administration generale d'un contrat et la division 27, le beton asphaltique. 5.6 Que, comme le recommande le directeur general, le conseil communal fasse usage de ses bons offices pour encourager une signature opportune de 1'entente par les parties, et que la construction d'un ponceau servant a I'ecoulement des eaux pluviales dans le quartier West Side Estates soit entamee le plus rapidement possible afin d'etre terminee d'ici au 30 septembre 2008. 5.8 Que, comme le recommande le directeur general, compte tenu de la necessite, dans I'interet public, de proceder a 1'execution de travaux publics et d'apporter certaines ameliorations municipales, relativement aux elements enumeres ci- dessous : (Les elements afferents seront tires du document intitule « Objectifs de I'emission >>). En consequence, it est resolu que soient emises des debentures en vertu des dispositions des Lois de la Chambre d'assemblee, 52 Victoria, chapitre 27, article 29, et des modifications afferentes, pour la somme de 11 000 000 $. 5.9 Que, comme le recommande le directeur general, des avis soient prepares aux fins de la tenue d'une audience publique necessaire a la creation d'une zone d'amelioration des affaires dans Saint John Ouest dans la plus grande zone indiquee sur le croquis presente a la demande de la Saint John West Business Association Inc. 5.10 Que, comme le recommande le directeur general, 1. The City of Saint John acquiere une servitude aux fins de services municipaux d'une superficie de 270 metres carres et un droit de passage commun, situe sur le lot no 07 -02, comme le montre le plan de lotissement soumis par Scott Hatfield pour la somme de 1 350 $ (TVH en sus, s'il y a lieu) au plus tard le 30 avril 2008; a) Dans le cadre de la transaction susmentionnee, The City of Saint John acquittera les honoraires juridiques, jusqu'a concurrence de 500 $ (TVH en sus, s'il y a lieu) engages par Scott Hatfield ainsi que tous les autres frais administratifs ou d'enregistrement associes necessaires pour garantir les interets de la Ville selon la servitude decrite ci- dessus. b) Le maire et/ou la greffiere communale sont autorises a signer les documents necessaires. 2. The City of Saint John acquiere une servitude aux fins de services municipaux d'une superficie de 191 metres carres, situe sur le lot no 07 -01, comme le montre le plan de lotissement soumis par Michelle Robichaud pour la somme de 955 $ (TVH en sus, s'il y a lieu) au plus tard le 30 avril 2008. a) Dans le cadre de la transaction susmentionnee, The City of Saint John irn lac hnnnrairac ii irirlini iac ii mni i'a rnnri irranra An r;nn ,�. (T \/H an ci is documents necessaires. 5.11 Que, comme le recommande le directeur general, 1. The City of Saint John procede a la vente de I'interet en fief simple de ladite propriete, delimitee sur le plan presente, d'une superficie approximative de 2 212 metres carres, a la Commission de transport de Saint John et que The City of Saint John le mette en vente pour la somme de 246 540 $ (TVH en sus, s'il y a lieu); 2. la Commission de transport de Saint John soit autorisee a presenter une demande de rezonage de ladite propriete, cependant, que le conseil communal ne soit sous aucune obligation formelle ou tacite d'approuver la demande; 3. le maire et la greffiere communale soient autorises a signer toute la documentation exigee afin de conclure ladite transaction. 5.12 Que, comme le recommande le directeur general, le conseil communal fixe la date d'audiences publiques au lundi 14 avril 2008, a 19 h, dans la salle du conseil, relativement aux demandes de rezonage deposees par Wayne D. Brown (86 -88, avenue Lansdowne), Hughes Surveys & Consultants Inc. (304, chemin Westmorland), Terrain Group (1060, chemin Sandy Point), Saint John Industrial Parks Ltd. (1035, chemin Burchill) et a la demande de modification des conditions imposees par I'article 39 presentee par Applied Pressure Inc. (101, rue Kennedy), et transmette les demandes au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de la presentation de recommandations. 5.13 Que I'audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une partie d'une rue publique d'une superficie approximative de 1 121 metres carres, connue sous le nom de rue Rock, soit tenue le Iundi 14 avril 2008, a 19 h, dans la salle du conseil. 5.14 Que, comme le recommande le directeur general, la soumission presentee par 1'entreprise Castle Rock Construction, au montant de 454 760,59 $ (taxes incluses), relativement a la construction d'une promenade et d'un sentier dans la section nord- ouest de Lily Lake, soit acceptee. 5.15 Que, comme le recommande le directeur general, la soumission relative a la peinture de signalisation routiere de haute qualite ou haute performance soit accordee a Innis Paint Canada Ltd. de Richibucto, Nouveau - Brunswick, comme I'indique le resume des soumissions presente. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.7 Incidence du programme d'immobilisations sur la capacite d'emprunt et 5.16 Consultations communautaires relatives au nord de la rue Union, et qui a ete selectionnee aux fins de discussion, soit adoptee. A I'issue du vote, la proposition est adoptee. En reponse aux questions soulevees relativement au point 5.7 Incidence du programme d'immobilisations sur la capacite d'emprunt, M. Yeomans commence a examiner son rapport, le conseiller Tait souleve alors un point de privilege suggerant qu'il serait profitable pour le public que cette question fasse ('objet d'une discussion au cours d'une reunion televisee du conseil, en indiquant que la reunion de cette soiree ne 1'est pas. Proposition du conseiller Tait Appuyee par le conseiller Ferguson RESOLU que le point 5.7 Incidence du programme d'immobilisations sur la capacite d'emprunt soit reporte a la prochaine seance publique 31 mars 2008, et qu'il souhaite se prononcer sur la question puisqu'il veut que ses commentaires soient entendus. Le conseiller Ferguson se retracte comme personne ayant appuye la proposition en indiquant que, selon lui, si un conseiller veut prendre la parole sur une question, it doit pouvoir le faire. Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que le point 5.7 Incidence du programme d'immobilisations sur la capacite d'emprunt soit reporte a la prochaine seance publique du conseil. A I'issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. En repondant aux questions sur le point 5.8 Financement des immobilisations, M. Yeomans explique que la date du 16 avril 2008 a la page 3 devra titre modifiee compte tenu qu'elle est a 30 jours a partir de la date d'hier plutot que d'aujourd'hui, soit le 18 mars 2008. Une discussion s'ensuit au sujet du point 5.16 Consultations communautaires relatives au nord de la rue Union. (Le conseiller Titus se joint a la reunion au cours de la discussion.) Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le point 5.16 Consultations communautaires relatives au nord de la rue Union soit retire de I'ordre du jour et transmis au directeur general en plus du rapport du departement des villes et de 1'environnement aux fins de consultation avec Frank Palermo et qu'un compte rendu a ce sujet soit presente au cours de la reunion extraordinaire de la semaine prochaine du conseil. Le maire McFarlane indique qu'un rapport preliminaire sera transmis aux fins d'examen a Frank Palermo du departement des villes et de 1'environnement de I'Universite Dalhousie. A I'issue du vote, la proposition est adoptee. 7. Proclamation 7. Proclamation 9. Public Hearings 7:00 P.M. 9. Audiences publiques a 19 h 11. Submissions by Council Members 11. Intervention des membres du conseil 11.0 Earth Hour (Mayor McFarlane) On motion of Mayor McFarlane Seconded by Deputy Mayor Hooton RESOLVED that the letter from Mayor McFarlane regarding Earth Hour on March 29th be referred to the City Manager to assign appropriate staff required to fulfill the WWF Canada — Atlantic Region requests. Question being taken, the motion was carried. (Mayor McFarlane withdrew from the meeting and Deputy Mayor Hooton assumed the chair 1 Appuyee par la mairesse suppleante Hooton RESOLU que la lettre du maire McFarlane au sujet de 1'evenement Une heure pour la planete du 29 mars soit transmise au directeur general afin que Ies employes adequats soient charges de repondre aux demandes du Fonds mondial pour la nature (Canada) — region de I'Atlantique. A ('issue du vote, la proposition est adoptee. (Le maire McFarlane quitte la reunion et la mairesse suppleante Hooton assume la presidence.) 11.1 Earth Day — April 22, 2008 (Councillor Titus) On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that the letter from Councillor Titus regarding Earth Day — April 22, 2008 be referred to the City Manager to assign to the appropriate staff to encourage actions to help our environment. (Mayor McFarlane re- entered the meeting and re- assumed the Chair.) Question being taken, the motion was carried. 11.1 Jour de la Terre — le 22 avril 2008 (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que la lettre presentee par le conseiller Titus relative au Jour de la Terre qui aura lieu le 22 avril 2008, soit transmise au directeur general afin que Ies employes adequats soient charges de favoriser des mesures qui aideront 1'environnement. (Le maire McFarlane se presente de nouveau a la reunion et en assume la presidence.) A ('issue du vote, la proposition est adoptee. 11.2 Asphalt Resurfacing & Repairs (Councillor Ferguson) On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Common Council direct the City Manager to establish a measurable ongoing system of asphalt resurfacing and asphalt repairs with annual reporting to Council of detailed progress and with comparisons to other municipalities in New Brunswick and their similar programs. Mr. Groody responded to questions regarding the proposed recommendation. Question being taken, the motion was carried. Mayor McFarlane noted that the second motion contained in Councillor Ferguson's letter will be dealt with first at the March 31, 2008 meeting of Council. 11.2 Resurfagage d'asphalte et reparations (conseiller Ferguson) Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le conseil communal charge le directeur general de mettre en ceuvre un systeme d'evaluation continue du resurfagage d'asphalte et de la reparation du revetement d'asphalte et de la presentation d'un rapport annuel au conseil faisant etat des progres enregistres et etablissant des comparaisons par rapport a d'autres municipalites du Nouveau - Brunswick ayant des programmes similaires. Le maire McFarlane mentionne que la deuxieme proposition de la lettre du conseiller Ferguson sera traitee en premier au cours de la reunion du 31 mars 2008 du conseil. 16. Adjournment The Mayor declared the meeting adjourned at 6:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 18 h 15. Mayor /maire Common Clerk/greffiere communale M & C — 2008 -56 March 26, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Right of Way Agreement Former Carleton Street BACKGROUND: As part of the due diligence concerning the potential sale of the Mercantile Centre, it was discovered that the right -of -way which gives access to the rear of the building was not contiguous. When the building was constructed in 1993 the loading dock was located to the rear and accessed via a right -of -way which was secured from the YMCA who owned the adjacent property at the time. This right - of -way continues to be used and is being accommodated in the Provinces design for the new Justice facility. The problem that has been discovered is that the right of way received from the "Y" does not directly abut the end of Carleton Street but traverses a small parcel of land owned by the City which was previously part of Carleton Street. The City did grant a right -of -way over this parcel to the "Y ", but this was not formally granted to the Mercantile Centre property. It is proposed that the right of way granted to the "Y" in 1994 also be extended to the Mercantile Centre, with the same rights and privileges. As the property is in the process of changing hands, the recommendation is worded such that the new owner will enter into the formal agreement once the transaction is completed. RECOMMENDATION: That a right of way be granted to the future owners of the Mercantile Centre over PID 55108062 in a form similar to the right of way granted to the "Y" in 1994 (see attached plan). Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development 36 Terrence Totten, F.C.A. City Manager r 'LJ�i 2 �G l7 2 � \gee \off / Ot QJy \ \a pi e Ot��o� Q No \ g �r \ohe 160 cPGo � I r T .O N I U) N N c ..Y Of - t N u O .J O O = :N $ (L N b0 it O �' m uV 3 CL O a p� to<n w a \'.;°. (L z C 11J a C L u° a O m �(D �- T N W_ O V O c N u m C p w N 4- O N C) U C 3 u / Q 0-0 >'-5 e � f / p A Q ® \Q ofV* to P `�e S/ pJe • a G��tee �otieo Op �yo uVu a� °D o cd N a � c Q U N N 612 n- J �- m7 1 Y— L in m O N M d pip [0 _C M M O v u N O o a U t � f- } N w J a w r a z a O 0 v O U Y v_ 3 Z D ct m w w Z CIO ' V O f N !! O M d iL � to I I uVu a� °D o cd N a � c Q U N N 612 n- J �- m7 1 Y— L in m O N M d pip [0 _C M M O v u N O o a U t � f- } N w J a w r a z a O 0 v O U Y v_ 3 Z D ct m w w Z M &C- 2008 -59 March 27, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Pubic Hearing Date 531 Dunn Avenue BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 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 Hearing. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Danielle Hicks 531 Dunn Avenue IL- Sec. 39 To permit a amendment day care centre RECOMMENDATION: That Common Council schedule the public hearing for the Section 39 amendment application for Danielle Hicks (531 Dunn Avenue) for Monday, April 28, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development 0 Terrence Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C — 2008 -67 28 March 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Purchase of Sidewalk Plows BACKGROUND: } City of sent John In the fall of 2007 staff from Municipal Operations enlisted the assistance of staff from Materials and Fleet Management in order to implement a plan to service a larger number of City sidewalks during the Winter season. Municipal Operations, in responding to concerns raised by Common Council and City tax payers committed to improving and enhancing the sidewalk program however the commitment came too late to purchase the equipment necessary to meet the need. The Fleet Replacement Budget for 2007 had already been committed and there was insufficient time to prepare and call public tenders for the purchase of new sidewalk units let alone wait for them to be delivered. Staff of Fleet Administration was directed to seek solutions to meet both the short term, immediate demand and the longer term requirements of future winters. ANALYSIS: Staff contacted one of the vendors we had successfully employed in the past to purchase used sidewalk equipment. We were advised by them that the manufacturer for the MT Trackless sidewalk machines had just taken in 16 used and refurbished units. However, almost before we could react we were advised that 8 of the returned machines had already been purchased. Since we lacked funding to purchase any machinery we immediately committed to a rental, with the option to purchase at a later time, the remaining 8 units c/w attachments. 39 Page Two ANALYSIS... Cont' d; Staff has employed his method of acquiring used equipment in the past. We found it to be an effective means of testing the reliability of a used vehicle before we commit to spending money to purchase it. As a part of this type of arrangement a percentage of the monthly rental fee is applied against the purchase price quoted. In the case of these 8 units, 80 percent of the monthly rental is applied to the quoted purchase price should the City exercise its option to purchase. In the case of these 8 units, staff has determined that while all 8 performed adequately and certainly assisted Municipal Operations with its commitment to improve winter sidewalk service, 4 of these units were found to be too old or in less than acceptable condition to consider keeping on in the fleet. The purpose of this report is to inform Council of past actions and recommend the purchase of 4 used MT Trackless sidewalk units, c/w attachments, which had been previously rented to meet a short term need. In addition staff are of the opinion that it is in the City's best interests to purchase the attachments supplied with the 4 units to be returned. The attachments in this case are in very good working order and since they will be needed in the future it is better to purchase them now at a reduced cost. FINANCIAL IMPLICATIONS: If purchased new an M T Trackless sidewalk unit c/w various attachments, including an angle plow, salt /sand spreader and snow blower, has an estimated unit cost of $125,000.00, or $500,000.00 for four. The total cost to purchase 4 used sidewalk units plus attachments and attachments for an additional 4 units that will be purchased at a later date, is $224,344.00. .x Page Three RECOMMENDATION: It is recommended that Council authorize staff to initiate the City's option to purchase, from Joe Johnson Equipment Ltd, at a total cost plus tax, of $224,344.00, 4 of the 8 rental sidewalk units c/w 8 sets of attachments including angle plows, sand /salt spreaders and snow blowers. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 41 REPORT TO COMMON COUNCIL M & C — 2008 -66 28 March 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Replacement Refuse Packer BACKGROUND: In the fall of 2005 staff of Materials and Fleet Management submitted, with the approval of the Commissioner of Municipal Operations, a Fleet Replacement Program for the City's aging fleet of refuse packers. } City of sent John The report identified a number of short comings with the existing fleet and put forward for Councils approval, an aggressive program to bring that fleet up to the operational and economical effective standards required to support the City's decision to continue to provide solid waste collection services primarily through the use of City owned and managed assets and with City employed forces. The complexion of the services to be provided, on a go forward bases, had changed from the level and types of services previously provided which would change the departments needs with regards to manpower and equipment requirements. It is also important to note that at the time it was stated that a more permanent plan for the delivery of this service to the public by the City was necessary and that this future plan would or could, once again have a direct bearing on manpower and equipment requirements. One such requirement has become evident even as staff are preparing to put into place a pilot project in advance of a more permanent change to the service levels. In the report on fleet replacement there were a number of recommendations by fleet for the purchase of new and used vehicles, some of which were being rented to the City in place of aging vehicles well beyond repair or that would soon be illegal for use on Provincial roadways. :A Page Two Background ... Cont'd; It was recommended that two larger rear loading packers be replaced with one used rear loading and 1 used side loading packer, both of which were being rented from an Ontario firm. The fleet equipment requirements at the time, had changed from the need for 2 rear loading trucks to only one. While it was not intended at the time that this unit would be required to be in constant use, a need was identified for a truck capable of handling large size discarded items for the special pick up program and as a back -up unit in case one of the side loaders had to be taken out of service. The most recent plan for the collection of residential solid waste no longer supports the need to have a rear loading vehicle in the fleet. The Commissioner of Municipal Operations has requested staff of Fleet Administration to explore opportunities to replace the 2004 Sterling cab and chassis c/w a Leach rear loading packer body with a comparably sized side loading unit that better meets the needs of the City. Analysis: An informal tender bid was called by Materials Management that saw the vendors, who are in the business of supplying new and used equipment, invited to submit bids for the supply of a truck that meets the requirements of the Municipal Operations Department. The bid asked vendors to quote on any available used or demonstrator trucks that met the required specification without being beyond vintage 2004 (the age of the Sterling). In addition bidders were also asked, failing the availability of a used or demo unit to submit an offer for a new truck. As a condition of the bid, the vendors were also instructed to submit an offer to purchase, on a trade -in bases, the 2004 Sterling/Leach unit which is now surplus to the fleet. Bidding closed on March the 18th with 2 of a possible 3 vendors submitting bids. None of the bidders were able to find an acceptable used truck, but both were able to locate and submit bids on similar cabs and chassis with different manufactured packer bodies. A summary of the bids is enclosed for your consideration. Page Three 43 Financial Considerations: If awarded as recommended, the net purchase cost for a 2008 International cab and chassis c/w a 35 cubic yard, Shu -Pak side loading packer body will be $97,000.00 plus tax. Funds to cover the cost of this purchase are available in the 2008 Fleet Replacement Program Budget. Recommendation: It is recommended that the bid submitted by Am Truck Ltd., for the supply of a new 2008 International cab and chassis c/w a 35 cu yd Shu -Pak side loading packer body in the amount of $167,000.00 be accept, and further that Am Truck's offer to take in trade the City's 2004 Sterling cab and chassis c/w Leach rear loading packer in consideration of $70,000.00, to be applied against the bid price for the new International/Shu -Pak truck be accepted as well. Res ectfull submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager .. rt� J N E Q Z) (T W L _0 c, 3 M L 3: co U J o O O t U) co O a O o �. N Co V L N .--� Q s W o 0 N N O O M co 0- 64 O O o 0 o � O o m co oM 6 ) L AL VW i V co o a o O CD a J _ 0 CD O r -a_ c N G1 O - Y Cl) cu o E L �, o 0 0 a) 0 E N �+ o0 00 00 Q = v Uc co co � C C a co o m rt� J N E Q Z) (T W L _0 c, 3 M L 3: co U J o O O t U) co O a O o �. N Co V L N .--� Q s W o 0 N N O O M co 0- 64 O O o 0 o � O o m co oM 6 ) L U c�u co o O CD J J r -a_ c � U O - Y L cu o L �, o 0 0 a) 0 0 0 o0 00 00 Q �cn co co � C C 0o co o N N 61} 61} 61} L 0- co d U � N N U N U_ C] _ c ^L LL 0) O N N cu ku c L O J � N "O c cn z 0 ii O NV I� V is �I H ON REPORT TO COMMON COUNCIL M& C— 2008 -65 March 26, 2008 Ss Wiship Nortnan McFadane and Members of Common Council Your Wiship and Councillors: SUBJECT: HaMptind Equipment for the tom ell Street Feld !y1 IN E13 Proposals closed on Thursday March 6, 2008 for the design, supply and installation of new playground equipment at the Lowell Street Field. ANALYSIS: Two companies chose to respond to the City's public call for proposals by submitting bids. The proposal call method of vender selection was employed in this case due to the fact bidders were, in addition to supplying materials and labour, required to submit a design for the new playground. Proposals were evaluated by staff from Leisure Services, BDA Landscape Architects and Materials and Fleet Management and it was determined that the best option available to the City was submitted by Kan -go -roo Playgounds. In addition to being the best designed solution, Kango -roo Palaygrounds offered the lowest priced alternative with the best warranty. A summary of bid prices is enclosed with this report. This is a planned expenditure and funds to are available in the Leisure Services Capital Budget. 1 A, It is recommended that the proposal for the design, supply and installation of playground equipment be awarded to Kan -Go -Roo Playgrounds Ltd. in the amount of $30,600.00 plus HST. Respectfdly submitted, David Loga►i, CAB Powhasing Agent T.L Totten, FCA City Manager 47 BID SUMMARY 2008- 781001P DESCRIPTION ABC RECREATION KAN- GO -ROO PLAYGROUNDS Design, supply & install $ 38,570.50 $ 30,600.00 playground equipment — Lowell Street field Warranty 3 Year Limited 5 Year Limited REPORT TO COMMON COUNCIL M & C — 2008 -64 28 March, 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Printing Visitor Guides BACKGROUND: } City of sent John Each year the City of Saint John calls a tender for the supply of Visitor Guides for use and distribution by the Tourism Department. This publication, when printed, is distributed by various means including: as hand -outs at trade shows, by mail in response to requests, at Tourist Information Centres and through various other public locations. This year's tender calls for the printing of ninety thousand English versions (64 page guide) and an additional twenty thousand in French (64 page guide). Seven companies responded to the tender call by submitting bids and all tenders were complete in all regards. ANALYSIS: The vendor offering the lowest acceptable bid has provided a cost savings of $5,879.55 plus HST compared to the 2007 price and a cost savings of $7,040.00 plus HST compared to next lowest bid. Staff of Materials Management and Tourism have reviewed all of the tender submissions and have found all to be complete in every regard. A summary of the bids is enclosed for your consideration. PAGE TWO FINANCIAL IMPLICATIONS: The total cost to print ninety thousand English and twenty thousand French City of Saint John Visitor Guides (64 pages), if awarded as recommended, will be $31,515.00 plus tax. Funds to cover the cost of printing the 2008 Visitor Guides (64 pages) are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender of Transcontinental, in the amount of $31,515.00, plus tax, for the printing of ninety thousand English and twenty thousand French versions (64 pages) of the Tourism Information Guide for the City of Saint John be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager 50 Y A, W E E (7 m 0 0 0-0 O >% c ° •N ++ Q N > U�— is O P P O V CC V H LO CD O J O O O L 0) Co a O LO O L LO E Lp a co co I-* °O co �' 0') rn rn co Co a O O M O \ C co co co O co -0 O co co U � 0 K) a� L N d N cco E co O :t! O O Iq L co co O cO Q C is CB is is is C \ C \ O O O O L6 C LO LO 0 N co c r Lcu r o cu U O O U� LO LO c a O E LO O LO LO cn 00 O O E L O co co (f} co EA U c 0) 4 a \ LO Li co co o U M M N N o0 co 00 co N 14- U) N co O co O O r— O r co a cu co Ef) co EA EA Q N N 0) 0) 0) 0) O � Q' L i U N .0) U 0 � W LL O CD O CD J O O � O O O O N E Lri m 4? N is O P P O V CC V H LO REPORT TO COMMON COUNCIL M & C — 2008 -63 28 March, 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Asphaltic Concrete Mixes BACKGROUND: Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes to establish a guaranteed source of supply. This product is employed by the Municipal Operations Dept. for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs and miscellaneous maintenance projects. In 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Performance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint John also adopted this approach for contract pricing in 2007. The following is a brief overview of the price index formula created by the Ontario Ministry of Transportation and subsequently included in the tender call documents. 52 PAGE TWO BACKGROUND CONT'D: MTO Performance Graded Asphalt Cement Price Index: A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cement /binder and will be calculated as follows if the price index between the two (2) months differs by more than 5% PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cement /binder price index for the month of tender opening P = PG asphalt cement /binder price index for the month of paving Q = Quantity of asphalt cement /binder in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P — 1.05T) x Q When P < 0.95 T, the Owner receives a credit as follows: PA = (0.95T — P) x Q ANALYSIS: There are traditionally two seasons for asphalt, the normal construction season when production is high and product is readily available and the pre and post construction seasons when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the preseason, another price for the construction season and if necessary a third price for the post season. Three suppliers responded to the City's tender call by submitting bids. A summary is enclosed for Council's consideration. Staff of Municipal Operations and Materials & Fleet Management have reviewed the tenders received and have found them all to be complete in every regard. Council will note, that the prices contained on the enclosed summary indicate that Lafarge Canada are low bidder for the construction season of May 12, 2008 through November 14, 2008 while Classic Construction is the lowest bidder before and after the construction season. The tender allows for award along these lines. 53 PAGE THREE FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for the 2008 construction season, and using estimated quantities based on the 2007 actual usage and if awarded as recommended, will be approximately $418,120.70. It is understood that this is not a firm, fixed cost, as quantities are based on previous year's estimates that are subject to change given available funding and as a result of the incorporation of the MTO Price Index. This is a planned expenditure and as such, funds to cover the cost are included in both the operating and capital budgets of the Municipal Operations Dept. RECOMMENDATION: It is recommended that the tender for the supply of asphaltic concrete mixes for the 2008 season be awarded to the lowest bidder in each case as indicated on the enclosed summary of bids. David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager 54 x o E O ' � C cn LO O U O o 0 �+ C O, �+ N Q Q 0' o U p _ Ste" -' U W) W) W) W) U) C�j 00 o (n 'n N �o �o �o �o O �." V) 69 69 69 69 N p U O O O O O U N UD 69 69 69 69 � O O O O � 69 69 69 69 `n cc O � 00 O O N O O O O 00 zs N ��- W C�j M O �. C/1 69 69 69 69 C Q z a° a) cc cc c-' � 00 a) o o > o N �. Q C�j O O cd U U c tq tq tq t a to V) C O bz bl5 bl5 bl5 z o U N C/1 001 69 0�1 69 0�1 69 0�1 69 U O O O O O bl9 bl9 bl9 bl9 O 0 U cc O N O O O O O O O O O 00 �. U N N � O U p N N Q C� O O O O � � bl9 bl9 bl9 bl9 O s T E.- k M & C 2008 - 60 March 27, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: ENGINEERING INSPECTION SERVICES 2008 BACKGROUND Common Council has approved a 2008 Water & Sewerage Utility Fund Capital Program consisting of 33 projects totaling $45,135,000 and a 2008 General Fund (Storm & Transportation) Capital Program consisting of 34 projects totaling $13,560,000. In order to complete the large number of projects in a timely manner, Common Council has authorized staff (M &C 2008 -04) to conduct appropriate negotiations for the engagement of engineering consultants to carry out design and construction management services for a number of approved projects in the 2008 Water & Sewerage Utility Fund and General Fund Capital Programs. A portion of the projects in the 2008 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 15 work sites during the 2008 construction season in addition to the design and construction management services approved under M &C 2008 -04. ANALYSIS In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to seven local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal -type projects. All seven firms have submitted proposals in response to the RFP providing resumes for inspection resources including hourly rates. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants 56 M &C 2008 -60 March 27, 2008 Page 2 with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $65 Intermediate Inspector - $70 Senior Inspector - $75 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All seven engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven consulting firms on a rotational basis. FINANCIAL IMPLICATIONS The total overall cost for engineering inspection services for 2008 is difficult to predict as there are a number of variables most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff have estimated the overall value of the engineering inspection services for 2008 to be approximately $300,000 plus 13% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2008 Capital Program project budgets. INPUT FROM OTHER SOURCES The Request for Proposal document and this report have been reviewed with the City's Purchasing Agent. RECOMMENDATION It is recommended that Common Council authorize staff to establish a supply agreement for the provision of engineering inspection services for 2008 Capital Program projects in accordance with the hourly rates provided in this report. Respectfully submitted, M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering 57 Terrence L. Totten, F.C.A. City Manager M & C — 2008 -58 March 26, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Digital Orthophotography BACKGROUND: Orthophotos are aerial photographs in which the displacement of objects, due to normal photographic distortion and ground relief, has been eliminated. Unlike traditional aerial photos, orthophotos show objects on the ground, in their correct geographic position. In addition to giving users a better understanding of their geography, once integrated into the Geographic Information System (GIS), orthophotos provide a means for updating existing mapping information as well as collecting new information. Since distances and angles can be measured directly from orthophotos, countless man -hours are saved as the number of field visits required for projects are dramatically reduced or eliminated altogether. In 2004, the City's GIS Division acquired high- resolution digital orthophotography. During this initial project, the Town of Grand Bay - Westfield, the Town of Rothesay, the Town of Quispamsis and Saint John Energy partnered with the City. Due to the high value of this data to all internal and external users, and the need to have updated data, the GIS Division instituted a 2 -year update cycle for orthophotography. Orthophotos were again acquired in 2006, with the project area expanded to included the Loch Lomond watershed and the Town of Hampton. M Report to Common Council Page 2 March 26, 2008 While the 2006 orthophotography project was done by the same vendor as in 2004, the GIS Division, after discussions with the 2006 project partners, elected to put out a new Request for Proposals for the 2008 orthophoto project. This enabled other vendors to submit proposals and, because of technological advances in the last few years, also ensures that the City and its partners are receiving the best value and product available. ANALYSIS: A proposal for the provision of digital orthophotographic services was called and six companies responded. The proposal call included an option for the successful bidder to expand the scope of the services required to include photos for the towns of Rothesay, Quispamsis, Grand Bay - Westfield and Hampton. Staff of the City's GIS Division have discussed, with representatives of the towns, an opportunity to again join with the City in this endeavour. The cost of this additional service is to be borne directly by each town. An evaluation team, consisting of representatives from the GIS Division, the Building & Inspection Services Department, as well as the Town of Quispamsis' GIS Coordinator, has reviewed each of the proposals received. After evaluating all aspects of the proposals against the clearly stated criteria, the evaluation team came to the consensus that the proposal submitted by Hauts Monts Inc., a subsidiary of Groupe ALTA, was the best value proposal for the City and its partners. FINANCIAL IMPLICATIONS: The total cost for the provision of orthophotographic services, as proposed by Hauts Monts Inc., is $ 75,094.40. This cost breaks down as follows: Saint John $48,034.20 Quispamsis 8,168.08 Rothesay 5,618.43 Grand Bay - Westfield 8,319.31 Hampton 4,954.38 As this data is acquired every second year, 50% of the funds to cover the City of Saint John's portion of the project cost will be charged to the GIS Division's 2008 budget, with the remaining 50% being charged to the GIS Division's 2009 budget. 59 Report to Common Council March 26, 2008 RECOMMENDATION: Page 3 It is recommended that Council gives Staff authority to proceed with the engagement of Haut -Monts Inc. for the acquisition of 2008 orthophotography. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager YL /mmf AN M & C — 2008 -57 March 28, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of former Hillcrest Road BACKGROUND: On November 8, 2004 Common Council gave third reading to the passing of a By -law to Stop Up and Close a 1381 square metre +/- portion of right -of -way formerly known as Hillcrest Road. This portion of road was no longer necessary due to an extension of Churchland Road to intersect with Loch Lomond Road. In November 2005, Council approved the sale of a 930 square metre portion of the stopped -up and closed road to an adjoining property owner, located on the north side of the City owned property. City staff had been working towards conveying the remaining southern portion of this stopped up and closed right of way to the property owner to the south, being Harvesh Elavia. This transaction has been attempted a couple of times over the recent years, however the owner of the property to the south of the former right - of -way has not been in a position to finalize the sale. Mr. Harvesh Elavia is now in a position to acquire Parcel `B ", which forms the majority of PID Number 55178610. Parcel "B" contains an area of 434 square metres that will contain a "blanket' easement over the parcel due to the existence of two storm sewer pipes through the property. Real Estate staff has agreed with Mr. Elavia that the same per square metre rate for the sale of the City parcel will be applied as it was intended in 2005. Prior to Parcel `B" being conveyed to Mr. Elavia, Parcel "D" will be severed from PID Number 55178610 and added to Churchland Road, which forms part of the ditching for surface water runoff In addition, Mr. Elavia will be conveying a small area of his property, identified as Parcel "C" on the attached plan to be added to Churchland Road. This parcel also forms part of the ditching along Churchland Road. Once the above noted parcels of land have been transferred, a further report will be considered by the Planning Advisory Committee so that a recommendation can be submitted to Council to have Parcels "C" and "D" vested as part of the public street. 61 Report to Common Council Page 2 March 28, 2008 RECOMMENDATION: That The City of Saint John subdivide and sell a 434 square metre ± portion of PID Number 55178610 (as per attached pan) to Mr. Harvesh Elavia for $3,236.00 plus HST on or before May 30, 2008, subject to The City of Saint John retaining a Municipal Services Easement/Easement for Municipal Services over the whole parcel; and that Harvesh Elavia convey to The City of Saint John the fee simple interest in Parcel "C" for $1.00 (as per attached plan) containing an area of approximately 51 square metres, being a portion of PID Number 330704. 2. That The City of Saint John prepare any plans of survey /subdivision required to facilitate the transfer of the above noted parcels. 3. That Common Council assent to any Municipal Service Easements/Easements for Municipal Services; and 4. That the Mayor and Common Clerk be authorized to execute any documents necessary to finalize this transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c M ° � F o MEMO �� �� � 0 �$M�N p D Z o �o cz) RE � �r0 o PO M * � m /§ C > 4 y�o °mo Non*O ,Hkg = owe s v 0 g88 a 8� 00 r- CHURCHLAND u > = t �" v o ROAD z v 31.7A1 OmOQND -0 104% C ptl �,ro °zS g23> �iBocE 3 �T1 c �a S JSNAQ ° q a ao NRz g $s O 53 � O gym ? m ^ Ipo QQ QQ O �y '9O �D pBCD ;���Z�NO B�Z�NZO >Nmgm �om� yyA aQa �° g�mr oiRl'�g my m O N W O Z p q D 0o2 R°g oz E m ° m °a� Lo °� D� N� 3$Ng Y� fi 4848 g ?l0 ��Amz =�� Fr PE X F g 0s � � M 16 wH D� m�� g m _ D = q 9 Mo 11 0 as o qy R$ Z .x g D y �d2�i =fig a� z r F1 2 z � 4wg€ A 91 M , g 6 A 81 —'- amm n g =W s S 8 IE �`IIIgIa�m •� March 12th, 2008 Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship, Deputy Mayor and Councillors, I am concerned because of the present problems facing myself, the City, and a growing number of residents in relation to Red Head Road and Harbourview Subdivision housing development with adjacent housing development. As the City is aware, there have been some land slides in this area. In particular in the area from Red Head to Anthony's Cove large portions of ground have collapsed seaward. I understand City Staff presented a report to Council last fall, which indicates that there are plans with respect to the area. However, I suggest that this is not satisfactory. The issue at hand is that there is a "forced main" (sewer line under high pressure) which consists of two major -sized sewer pipes with a third sewer line that runs along side the Read Head Road on its harbor side. These lines service the whole area including the growing housing development in the Harbourview Subdivision area and eastward. There are also houses on both sides of the Red Head Road which are, or can be, affected. The sewage pipelines are within 40 to 50 feet of the last land collapsed. It is understood the sewer lines are only about 7 feet under the surface of the land. Engineers have indicated a storm or high waves could cause sudden erosion, causing major land collapse which would effect the existing sewer lines. Due to the particular weather and land conditions which affect this area, such erosion could take place at any time. The subsidence which would follow would be deeper than twenty feet. This would mean the existing sewer lines would be broken and unusable. The break would cause a major sewage spill into the harbour, causing serious environmental contamination. The sewage arrangement for Harbourview Subdivision would have to be terminated. This would render the subdivision and other adjacent areas without sewage. It is understood it could adversely effect up to 700 housing units requiring their closure. The engineers report clearly indicates that these houses are in danger and that there is a real threat of a major collapse at any time. The last collapse saw the shoreline move about 40ft, but sink over 20ft. The three sewer pipelines are approximately 40ft from the present land edge and only a few feet from my property line. : El! Inquiries have indicated that there should be shore stabilization which, if done properly, would prevent the land collapsing for a number of years. To move the line inwards there would be an expense of well over $1,000,000.00. If sewer lines are broken, the sewage would then be dumping into the harbour and, because of the tidal current, pollute not only Courtney Bay but the Central Harbor between Water Street and the Westside up into the Reversing Falls. The City does not appear to understand that appropriate stabilization would prevent potential losses and expenses nor apparently does Council fully comprehend the danger of the pollution which could take place. Possible the danger of the sewage pollution has been overlooked or there has been a serious failure to bring the pertinent facts and costs to Council's attention. The tides are also sweeping away the face of the Red Head Fortification Area and the housing related to this area can be effected. Steps can be taken to prevent such damage and loss of lands and service if the City wants to do so. Recently, some property owners in the area have taken action to stabilize their property front at substantial cost to themselves. Their own shore frontage has now been stabilized for some 20 years. At the same time prompt remedial action should allow all present property owners to enjoy their property without the worry of collapse. I further understand $500,000.00 or less could result in a major barrier along the shore which would ensure no further slippage for 10 to 20 years if not longer provided such is done without delay. I, together with other residents of the area, would like to make a presentation to City Council to bring to the attention of the City the effect of a failure to take prompt steps to have this dangerous situation rectified by appropriate action before it is too late. This could be undertaken at substantial savings to the City and its people and even industry. Yours truly, 14" , Alan Maund 1812 Manawagonish Road Saint John, New Brunswick E2M 3Y5 * ** This is my temporary address due to the present situation AM Loyalist Zone 1100 Manawagonish Rd., Apt. #210 Saint John, NB E2M 5J8 March 19, 2008 Mayor Norm McFarlane and Council City of Saint John PO Box 1977 Saint John, NB E21, 5A1 Dear Mayor and Council, The annual Loyalist Zone, 50 Plus Friendship Games are being held again this year. The official opening of the games will take place at Market Square Atrium on June 2, 2008 at 11:00 a.m. There are 24 events that seniors will be able to participate in. The games will end on June 6, 2008 with an award banquet being held at Millidgeville Community Center. A donation of $1,000.00 would be greatly appreciated and would be a great help in making these games a success. We thank you for your assistance. If you require further information please call the undersigned at 672 -6476. Sincerely, Bertha Boyles Loyalist Zone President If ftft 0 Q) i a U i 0 t 0 n a5 G Y *11% IMES LM CY MEN IMES uj wrA EMO �® M M r r r M M M 0 IR 8� 8� 8� OIR OIR OIR O-R IL co 94D 0 4% '. 0 W. � 74 k. T4 74 C c 0 U .y Q v a� U r:, O Z a� t U c 0 a Q) 0 0 m �o 2�ra U V LLi m U (A C O so= U 47 OEM 47 3 M co 0 co ui 0 co Ln Qo Qo co co 74 H i Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur --ej te12d 5- - yy\ Postal Code / Code postal Telephone Number / Numdro de tdldphone Home / Domicile Fax Number / Numdro de tdldcopieur _5?6 $5Cp 9 Work / Travail S -66 051- 8661 Name of Property Owner (if different) / Nom du propridtaire (si different) O 5-i-6 Z 2 P D • L-t—D• Address / Adresse Postal Code / Code postal: Property Information / Renseignements sur la propriete Location / Emplacement 4L- 2, 5T- • N-fA L !�>t• =4 2 2.- ! b Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd _ VAe-4.r, j-t C+k-tA r--G4- Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Present Zoning / Zonage actuel 15-2 Amendments Requested / Modifications demandees Mu ' ipal Plan / Plan municipal Change Land Use Designation to / Modifier la designation de ('utilisation des terres A GD-YV\ Yy" t7l P-C t A-li and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoni y -law/ Arretd sur le Zonage Change Zoning to / Modification du zonage A -2-,Q 05 and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 73 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propriete, 1'emplacement de la totalite des bdtiments, des allies, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient We approuvdes. 0160 . �> fztj 7c-kv\. 11-L-< —5u` C � S cTE, 4- Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. -}t ie7 D06(�- Signature of Applicant / Signature du demandeur Date \\,- 0,5� $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le required for consideration by Common Council. traitement de la presente demande est requise pour que cette derniere soit examinee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Date 74 N\ o F C L� rZ f I 5456nzk� 4 115 MZ-1 C U4-Tq9R- k -}t ie7 D06(�- Signature of Applicant / Signature du demandeur Date \\,- 0,5� $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le required for consideration by Common Council. traitement de la presente demande est requise pour que cette derniere soit examinee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Date 74 N\ Pierre Gallant Alain Malenfant Andrew McGillivary Dianne VanDommelen Jeff VanDornmelen December 11, 2007 Our ref: A0736 Chateau Site Study Saint John, New Brunswick Mr. Jim Baird, Commissioner Planning and Development 15 Market Square, 10`h floor Saint John, New Brunswick E21- 1 E8 Regarding Parcel # 00022103, all lands bound by Burpee Avenue, Wall Street, Winter Street, and St Paul Street. Dear Mr. Baird: As the authorized agent for Cyr Holdings Inc., I wish to make application under the provision for Special Zones Consideration based on the following submission package: • Letter of authorization from the owner • Check for $400 application fee • Plans and elevations of proposal • AutoCAD format site plan • Photo montage of proposed development The developer wishes to expand into the Saint John market. His independent chain of Chateau style hotels will hopefully find favor in the Saint John market of Victorian heritage and iconic buildings. The proposal is for a 9 story, 112 unit upscale hotel development and it will include a meeting centre on the 2nd floor, a lounge / bar on the ground level and a fully equipped exercise center. 143 cars will be accommodated on site with 74 fully enclosed. Included is the provision for 6 handicap parking stalls. The total building height is 88' feet to the top of roof slab. The floor to floor heights are 12.5' for the 1' and 2nd levels and 9' for all typical floors. The Building area footprint is 10,550 sq. ft. The use of quality materials such as stone for the 2 story base, commercial grade cladding and the signature slopped metallic roof, all materials are easily inspired by the local vernacular. Conveniently located off Highway #1 at exit 123, the site is highly visible and accessible from East and West bound traffic. Its proximity to Downtown and to Harbour Station is ideal. Finally as a building site, located below Mount Pleasant, the topography allows the building to be a buffer between Highway #1 and the adjacent community while accommodation extra height without hindering visibility. Trusting this application is sufficient, however in the event if further clarification required, please do not hesitate to contact this writer. Regards, Pkea ant ---2 architect, aanb, mraic, nsaa, naa 18 Botsford Slreet &jte 100 Moncton, NB Canada E 1 C 4Vd7 t 506.857.8601 f 506.856.9729 wAw.u&#ects4 ca 75 Cyr Holdings Inc. Gestion Cyr Inc. 795, rue Main Street, Suite 200 C.P. /P.O. Box 1288, Moncton, NB E1C 8P9 Telephone: (506) 857 -8050 Fax: (506) 858 -7039 December 11, 2007 Mr. Pierre Gallant Architects Four Limited 18 Botsford St., Suite 100 Moncton, NB E1C 4W7 Dear Mr. Gallant: This letter is to advise you that we give you authorization to proceed, on our behalf, with the application to the City of Saint John, in regards to parcel 900022103. Yo truly B rnard Cyr President BC /gm 76 057032 NB Ltd. 1150 Fairville Blvd. Saint John, N.B. E2M 5T6 December 17, 2007 Mr. Jim Baird Commissioner of Planning and Development P.O. Box 1971 Saint John, N.B. E2L 4L1 Re: Former St Paul's Church PID# 000 22103 369 Rockland Road Saint John, N.B. Mr. Baird: As the owner of the property listed above, I hereby give my consent to Cyr Holding to apply for a zoning change to permit a hotel development on this property. I ) /. 7 Patrick Hickey 672 -1482 77 \l t��a� . a- F� n, IS ZZ I ......... 0 __4/ 7.0 0 ti CD LL_ LLJ CD (D N u C) U-) O O rr, Ln F� n, IS ZZ I ......... 0 __4/ 7.0 0 ti CD LL_ LLJ CD (D N u C) U-) O O rr, ti O O N U W a c� M ti Q CY' ti D 0 LL CO U W N U Q V) in (� Z Z Z JD O _ I- �Z U� O co ji pia/ - F� o� � U [I 10 FAI V FSTON L 5-1 Q LE C .i �Z -- C s C rs A M - Ok IW71 FAF F, - M 646�-F& • I Q G ��� ��i 0 R11 i 11 i .F ♦ � Q J Cl)Z Cc Z D �_ O JC LL C) Z X z Q 1-• of Q rip M - 0 �i%Agmmll"Iu 1071 Ok a ------- LL. J. r NUu i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i OwooZQ ft - Qw(D w zz N II w w w-..% 0 OUZ O N U 0 W LL �J _j0/ CO M ti � FL O Q 0 to 0 LL pU W H J U) = i w H w' J Cf)Q w-..% -• OUZ 0 ZZ LL �J _j0/ � FL Z 0 to M � O O N CD III r ti O O N U w 0 co CO 1` Q "' D LL Cf) U) ZV Ow Q = WV wQ CO) m 0z z o= J 0 O r H �Z U� t w O O N Z 0 0 N U W co ch ti 0 Q =O F- Cl) ZV OW Q= W U WQ V) m 0 Z Z Z O0 �Z U CO) F- CO w CO W O N II r ti O O N U W co M ti Q D = LL �- CD OW _� Q= W U J � W Q CO) m CD Z z Jp O = 1— �Z U� F Z O U CA N it r— ti O O N U W O t0 M 1lk- Q co co D UL Cl) Cl) Z U OW Q _ N = wV J � w4 CO) m C.D z Zz JO O Z UCD PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 31, 2008 at 7:00 p.m., by: A. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Major Community Facilities to Service Corridor, a parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID Number 00022103. B. Amending the City of Saint John Zoning By -law by: PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 2, RUE ST. PAUL Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 31 mars 2008 a 19 h, en apportant les modifications suivantes : A. Modification de la designation, a Pannexe 2 -A du plan d'amenagement municipal, d'une parcelle de terrain d'une superficie d'environ 5940 metres carres, situee au 2, rue St. Paul, et portant le NID 00022103, pour la faire passer de zone d'installations communautaires majeures a zone de corridor de service. B. Modifications suivantes a Parretti sur le zonage de The City of Saint John: Adding the following to the list of zones in 1. Section 30(1): "special zones SZ -25" Adding the following as Section 740(25): 2. "Special Zone #25 SZ -25 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. 0 L'ajout de 1'e1ement suivant a la liste de zones du paragraphe 30(1) zones speciales SZ -25 » L'ajout du paragraphe 740(25) qui se lit comme suit: Zone speciale n° 25 SZ -25 a) Usages Tout terrain, batiment ou structure ne peut etre affecte: i) qu'aux utilisations suivantes - toutes les utilisations permises en vertu de l'alinea 520(1)(a), sous reserve des conditions stipulees au paragraphe 520(2); ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comite : - toutes les utilisations permises en vertu de 1'alinea 520(1)(b), sous reserve des conditions stipulees au paragraphe 520(2); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire liee A une utilisation, un batiment ou une structure permis dans cette zone. b) Zone Standards Standards for development in Special Zone #25 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a `13-2" zone, or a business zone, as the case may be, except that the maximum height of a main building shall be 9 storeys or 30 metres." b) Normes de zone Les normes d'amenagement dans la zone speciale n° 25 doivent etre conformes aux dispositions du paragraphe 520(3) et des articles 810 a 910, et la zone en question doit etre consideree en tant que zone « B », zone « B -2 » ou zone commerciale, selon le cas, sauf que la hauteur maximale d'un immeuble principal doit etre de 9 etages, soit 30 metres. » 3. Rezoning the same parcel of land from "B -2" 3. Modification du zonage de la parcelle de General Business to "SZ -25" Special Zone terrain precitee pour la faire passer de zone #25. commerciale generale « B -2 » a zone speciale n° 25 « SZ-25 ». REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of a hotel with Permettre Famenagement d'un hotel ayant environ approximately 112 rooms. 112 chambres. The proposed amendments 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 amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 Toute personne interestee peut examiner les modifications proposees au bureau du greffier communal ou au bureau de Furbanisme et developpement a Fh6tel 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 par de vos objections aux projets de modification proposes par ecrit a Pattention du soussigne a 116te1 de ville. J. Patrick Woods, greffier communal 658 -2862 0I91 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 31, 2008 at 7:00 p.m., by: A. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Major Community Facilities to Service Corridor, a parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID Number 00022103. B. Amending the City of Saint John Zoning By -law by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ -25" 2. Adding the following as Section 740(25): "Special Zone #25 SZ -25 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, iv) the following uses: - all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); v) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); vi) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #25 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -2" zone, or a business zone, as the case may be, except that the maximum height of a main building shall be 9 storeys or 30 metres." 3. Rezoning the same parcel of land from "B -2" General Business to "SZ -25" Special Zone #25. REASON FOR CHANGE: To permit the development of a hotel with approximately 112 rooms. The proposed amendments 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 amendments maybe sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE VARRETE SUR LE ZONAGE 021 OBJET: 2, RUE ST. PAUL Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 31 mars 2008 a 19 h, en apportant les modifications suivantes : A. Modification de la designation, a 1'annexe 2 -A du plan d'amenagement municipal, d'une parcelle de terrain d'une superficie d'environ 5940 metres carres, situee au 2, rue St. Paul, et portant le NID 00022103, pour la faire passer de zone d'installations communautaires majeures a zone de corridor de service. B. Modifications suivantes a 1'arrete sur le zonage de The City of Saint John: 4. L'ajout de 1'e1ement suivant Ala liste de zones du paragraphe 30(1) zones speciales SZ -25 » L'ajout du paragraphe 740(25) qui se lit comme suit: Zone speciale n° 25 SZ -25 a) Usages Tout terrain, batiment ou structure ne peut etre affecte iv) qu'aux utilisations suivantes : - toutes les utilisations permises en vertu de 1'alinea 520(1)(a), sous reserve des conditions stipulees au paragraphe 520(2); v) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comite : - toutes les utilisations permises en vertu de 1'alinea 520(1)(b), sous reserve des conditions stipulees au paragraphe 520(2); vi) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire liee a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone speciale n° 25 doivent etre conformes aux dispositions du paragraphe 520(3) et des articles 810 a 910, et la zone en question doit etre consideree en tant que zone « B », zone « B -2 » ou zone commerciale, selon le cas, sauf que la hauteur maximale d'un immeuble principal doit etre de 9 etages, soit 30 metres. » Modification du zonage de la parcelle de terrain precitee pour la faire passer de zone commerciale generale « B -2 » a zone speciale n° 25 « SZ-25 ». RAISON DE LA MODIFICATION: Permettre 1'amenagement d'un h6tel ayant environ 112 chambres. Toute personne interessee peut examiner les modifications proposees au bureau du greffier communal ou au bureau de Furbanisme et 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 par de vos objections aux projets de modification proposes par ecrit a Fattention du soussigne a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 'A City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 4, 2008 Tuesday, March 25, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 93 j �VrJ. February 18, 2008 1 His Worship Mayor or Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 2 St. Paul Street A Public Presentation was made on January 7, 2008 for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as PID Number 00022103 from Major Community Facilities to Service Corridor classification to permit the development of a hotel with approximately 112 rooms. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. Attached are letters in support of the amendment and no written objections to the proposed amendment have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, March 31, 2008 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L N I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Major Community Facilities to Service Corridor, the following property: A parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103. A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, January 7, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of a hotel with approximately 112 rooms. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 6, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 2, RUE ST. PAUL Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'6tudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2- A du plan, de zone d'installations communautaires majeures a zone de corridor de service : une parcelle de terrain d'une superficie d'environ 5940 metres carr6s, situ6e au 2, rue St. Paul, et portant le NID 00022103. Une presentation publique du projet de modification aura lieu au cours de la r6union ordinaire du conseil communal pr6vue le lundi 7 janvier 2008 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre 1'am6nagement d'un h6tel ayant environ 112 chambres. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 6 f6vrier 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 1'h6tel 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. J. Patrick Woods, greffier communal 658 -2862 95 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Major Community Facilities to Service Corridor, the following property: A parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103. A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, January 7, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of a hotel with approximately 112 rooms. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 6, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------ - - - - -- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 2, RUE ST. PAUL Par les pr6sentes, un avis public est donna par lequel le conseil communal de The City of Saint John a l'intention d'etudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2 -A du plan, de zone d'installations communautaires majeures a zone de corridor de service: une parcelle de terrain d'une superficie d'environ 5940 metres carres, situ6e au 2, rue St. Paul, et portant le NID 00022103. Une presentation publique du projet de modification aura lieu au cours de la reunion ordinaire du conseil communal prevue le lundi 7 janvier 2008 dans la salle du conseil, au niveau du hall d'entr6e, a 116tel de ville. RAISON DE LA MODIFICATION: Permettre Fam6nagement d'un hotel ayant environ 112 chambres. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 6 fevrier 2008 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a l'h6tel 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. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement - SJTJ Classifieds Date(s): Wednesday, December 26, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 97 Lowell Vessey 4- Sumnlec, Street (North) Saint John NB E2K 3X4 Phone. 506-634- 11:38 ' Common Clerk City of Saint john [10 Box 1971 SaIjDL John NB E,2[.4 1 Re: Rezoning 2 St. Paul Street Recently, my wife and I were contacted by Harold Wright about the possibility of a new hotel development in our area. Below are our thoughts on the issue. We purchased our home on Summer Street almost six years ago. At that time, there was a vacant warehouse on Stanley Street, which is directly across the street from our property. Soon, we realized that young people would congregate in the parking lot and on the steps of the building; the police were called to assist several times. Since then, a company by the name of Barrett Sales has moved into the formerly vacant building. The difference is remarkable. The building and lot is now well kept, loitering is non - existent and Barrett Sales has been a model 'neighbour'. Based on this experience, we would certainly welcome another quality business moving into the area. We have seen one property which is owned by Cyr Holdings, Chateau de Moncton, and it is a beautiful building. It is our understanding that this will be a similar hotel. Our hope is that this project would inspire other property owners and developers to either build new or renovate existing structures in the rest of our neighbourhood. Please accept our full support for this project. It is exciting to see a development of this calibre come to our area, instead of the east or west side! Sincerely, •M 01 February 2008 Common Clerk City of Saint John PO Box 1971 Saint John, N.B. E21- 41-1 Dear Sir: Re: Application for Rezoning, 2 St. Paul Street. We read in the newspaper and heard on the radio that there may be a hotel built where the old St. Paul's Church used to be. We think it is a good idea and will be good for that area of the City. We ask that Common Council approve this rezoning so the hotel can be built. Thank you. Yours sincerel,4,-, .iii. Blaine and Claudette Stilwell 41 Visart Street - Saint John, NB E2K 1 N5 .. BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103, from Major Community Facilities to Service Corridor classification - 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. 2008 and signed by: Mayor L'arret6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie approximative de 5 940 metres carr6s, situ6e au 2 rue St. Paul, et portant le NID 00022103 de zone d'installations communautaires majeures a zone de corridor de service; - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture BY -LAW NUMBER C.P. 110 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE N" C.P. 110 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une rdunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcrdtd ce qui suit : The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1. L'arretd sur le zonage de The City of Saint John, ddcretd le dix -neuf (19) ddcembre 2005, est modifid par: Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -25" 2. Adding the following as Section 2 740(25): "Special Zone #25 SZ #25 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - all uses permitted in Section 520(l)(a), subject to any applicable conditions contained in Section 520(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 520(l)(b), subject to any applicable conditions contained in Section 520(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #25 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a `B -1" zone, or a business zone, as the case may be, except that the maximum height of a main building shall be 9 storeys or 30 metres." L'adjonction de 1'616ment suivant a la liste de zones du paragraphe 30(l) : zones spdciales SZ -25 » L'adjonction du paragraphe 740(25) qui se lit comme suit: u Zone spdciale n° 25 SZ #25 a) Usages Tout terrain, batiment ou structure ne peut etre affectd : i) qu'aux utilisations suivantes - toutes les utilisations permises en vertu de 1'alin6a 520(1)(a), sous reserve des conditions stipuldes au paragraphe 520(2); ii) qu'aux utilisations suivantes, sous rdserve des conditions imposdes par le comitd : - toutes les utilisations permises en vertu de 1'alin6a 520(1)(b), sous rdserve des conditions stipuldes au paragraphe 520(2); iii) sous rdserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire lide a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amdnagement dans la zone spdciale n° 25 doivent We conformes aux dispositions du paragraphe 520(3) et des articles 810 a 910, et la zone en question doit etre considerde en tant que zone «B », zone « B -1 » ou zone commerciale, selon le cas, sauf que la hauteur maximale d'un immeuble principal doit etre de 9 dtages, soit 30 metres. » 3. Rezoning a parcel of land with an area 3. Modification du zonage d'une parcelle of approximately 5940 square metres, de terrain d'une superficie d'environ located at 2 St. Paul Street, also 5940 metres carrels, situele au 2, rue St. identified as being PID No. 00022103, Paul, et portant le NID 00022103, de from `B -2" General Business to "SZ- 25" Special Zone #25 - 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. 2008 and signed by: Mayor/Maire zone commerciale generale « B -2 >> a zone speciale n° 25 « SZ -25 >> - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrdte. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le 2008, avec les signatures suivantes : Common Clerk/ Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - December 19, 2007 / 19 d6cembre 2007 Architects Four 18 Botsford Street Moncton, N.B. E1 C 4W7 Dear Sir: Re: 2 St. Paul Street Monsieur, Objet: 2, rue St. Paul Enclosed is a copy of the Public Vous trouverez ci- annex&e une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisag6e au plan municipal en vue de la redesignation of the above red6signation de la propri6t6 ci- dessus. property. Following the date for the receipt of objections, namely, February 6, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, I I - L*-�V J. Patrick Woods Common Clerk / Greffier communal /jpw encl. SAINT JOHN Apr6s la date de reception des objections, c'est -a -dire le 6 f6vrier 2008, le Conseil communal pourrait autoriser la publication des avis n6cessaires en vue de ('audience publique et demander les opinions du Comit6 consultatif d'urbanisme. Veuillez agr6er, Monsieur, 1'expression de nos sentiments distingu6s. 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 103 March 26, 2008 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 2 St. Paul Street On February 18, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 25, 2008 meeting. Mr. Pierre Gallant attended the meeting on behalf of the applicant and gave a short presentation concerning the proposal. Mr. Gallant expressed agreement with the recommendation in the attached report. No other persons addressed the Committee. However, one letter of objection was received (copy attached). The Committee was also in receipt of copies of the two letters in favour of the proposal that had been submitted to Common Council in response to the January 7, 2008 public presentation. After considering the matter, the Committee adopted the recommendation contained in the attached report, including the granting of the requested variances. RECOMMENDATION: A. That Common Council redesignate on Schedule 2 -A of the Municipal Development Plan, from Major Community Facilities to Service Corridor, a parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103. B. That Common Council amend the Zoning By -law by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ -25" 2. Adding the following as Section 740(25): "Special Zone #25 SZ -25 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, 104 Planning Advisory Committee March 28, 2008 b) Page 2 i) the following uses: - all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. Zone Standards Standards for development in Special Zone #25 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a `B -2" zone, or a business zone, as the case may be, except that the maximum height of a main building shall be 9 storeys or 30 metres." 3. Rezoning the same parcel of land from "B -2" General Business to "SZ- 25" Special Zone #25. C. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103 is subject to the following terms and conditions: a) The use of the rezoned area is limited to a hotel, including ancillary meeting and dining /lounge facilities, together with associated amenity areas and parking facilities; b) Prior to undertaking any development, the developer must submit a traffic impact analysis, prepared by a qualified professional and subject to the approval of the Chief City Engineer or his designate, with input from the N. B. Department of Transportation, which addresses projected traffic flows and turning movements that will result when the traffic to and from the proposed hotel is added to existing traffic movements. The traffic impact analysis must indicate how any potential, problem traffic flows will be addressed through traffic control measures established under TAC guidelines. The developer shall be responsible for the costs of any required improvements to the transportation infrastructure; c) Prior to undertaking any development, the developer must demonstrate, to the satisfaction of the Chief City Engineer or his designate, that the existing piped water supply and sewage disposal systems contain sufficient capacity to accommodate the development. The developer shall be responsible for the costs of any required improvements to piped systems; d) The developer must design and implement a detailed site drainage plan, subject to the approval of the Chief City Engineer or his designate, 105 Planning Advisory Committee March 28, 2008 Page 3 indicating the manner in which storm water collection and disposal will be handled on the site; e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; f) The developer must provide all utilities underground, including power and telephone, from the existing overhead facilities; g) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (d) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation. j) All site improvements (excluding landscaping), transportation infrastructure improvements and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman RGP /r Attachments Project No. 08 -010 106 DATE: MARCH 20, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 25, 2008 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Architects Four (for Cyr Holdings Inc.) Name of Owner: 057032 N.B. Ltd. Location: 2 St. Paul Street PID: 22103 Municipal Plan: Existing: Major Community Facilities Proposed: Service Corridor Zoning: Existing: `B -2" General Business Proposed: "SZ -25" Special Zone #25 Proposal: To develop a hotel Type of Application: Municipal Plan Amendment, Rezoning and Variances, as follows: a) variance to permit the development to have 2 loading spaces, whereas the Zoning By -law requires a minimum of 3 loading spaces; 107 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 2 March 20, 2008 b) variance to permit the passenger pick -up /drop -off area to have a vertical clearance of 3 metres (10 feet), whereas the Zoning By -law requires loading spaces to have a vertical clearance of 4.2 metres (13.8 feet); c) variance to permit a portion of the outdoor parking area to have no landscaped setback from the front property line, whereas the Zoning By -law requires a minimum of 2 metres (6' /z feet) of landscaping inside the front property line. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 31, 2008. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: A. That Common Council redesignate on Schedule 2 -A of the Municipal Development Plan, from Major Community Facilities to Service Corridor, a parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103. B. That Common Council amend the Zoning By -law by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ -25" 2. Adding the following as Section 740(25): "Special Zone #25 SZ -25 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: m Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 3 March 20, 2008 - all uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #25 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a `B -2" zone, or a business zone, as the case may be, except that the maximum height of a main building shall be 9 storeys or 30 metres." 3. Rezoning the same parcel of land from "B -2" General Business to "SZ -25" Special Zone #25. C. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID No. 00022103 is subject to the following terms and conditions: a) The use of the rezoned area is limited to a hotel, including ancillary meeting and dining /lounge facilities, together with associated amenity areas and parking facilities; b) Prior to undertaking any development, the developer must submit a traffic impact analysis, prepared by a qualified professional and subject to the approval of the Chief City Engineer or his designate, with input from the N. B. Department of Transportation, which addresses projected traffic flows and turning movements that will result when the traffic to and from the proposed hotel is added to existing traffic movements. The traffic impact analysis must indicate how any potential, problem traffic flows will be addressed through traffic control measures established under TAC guidelines. The developer shall be responsible for the costs of any required improvements to the transportation infrastructure; c) Prior to undertaking any development, the developer must demonstrate, to the satisfaction of the Chief City Engineer or his designate, that the existing piped water supply and sewage disposal systems contain sufficient capacity to accommodate the development. The developer shall be responsible for the costs of any required improvements to piped systems; d) The developer must design and implement a detailed site drainage plan, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled on the site; 109 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 4 March 20, 2008 e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; f) The developer must provide all utilities underground, including power and telephone, from the existing overhead facilities; g) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (d) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation. j) All site improvements (excluding landscaping), transportation infrastructure improvements and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. D. That the Planning Advisory Committee grant the requested variances to permit the development to have 2 loading spaces, one of which has a minimum vertical clearance of 3 metres (10 feet), and no landscaped parking setback from portions of the front lot line, as generally illustrated on the submitted proposal. BACKGROUND: On April 10, 2006 Common Council rezoned the subject site from "IL -1" Neighbourhood Institutional to `B -2" General Business, subject to a Section 39 resolution imposing the following conditions: a) That the property be limited to the following uses: bank or financial institution, business office, church, dwelling unit (apartments), personal service shop, retail store, and /or school; and 110 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 5 March 20, 2008 b) That the above uses be restricted to the existing buildings on the property, and that no additions be allowed to these buildings, nor the landscaping and parking facilities be substantially altered. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: • The developer must provide a detailed site drainage plan. • The developer must provide a report from a traffic engineer analyzing the traffic flow into /out of the proposed driveways relative to the existing street volumes and proposed hotel volumes to be generated with respect to proximity of existing intersections. • The developer must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. • The developer must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. • There is no separate storm sewer in the area. The developer must ensure that the flow generated from this development is able to be received by existing systems. • There are existing water mains and sanitary sewers on both St. Paul Street and Winter Street. • It is suggested that a setback of no less than 2 metres be provided behind the existing sidewalk on Winter Street and St. Paul Street to the proposed curbs for the new parking areas. Building and Technical Services advises there are no apparent Building Code issues at this time. Saint John Transit advises that it currently provides service to this location on its Mt. Pleasant route and there are no concerns with the proposal. Saint John Energy advises that it has overhead facilities in the area. An extension of facilities may be required to service the development. All costs will be dealt with the developer at such a time when they are requested. Aliant Telecom advises that it has no issues with the proposal and will work with both the developer and Saint John Energy as it transpires. Maritimes & Northeast Pipeline has no objection or concerns. 111 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 6 March 20, 2008 Fire Department has no objection to the application, provided that the construction of the hotel adheres to all requirements of the National Building and Fire Codes, with particular attention to the following: • submission of construction plans to the Department of Public Safety (Technical Inspection Division) for review and approval; • proper access route location and design for firefighting equipment; • extension of fire hydrant network and appropriate placement; • installation of sprinkler systems and standpipe connection, with separation from natural gas connections. The department reserves the right to review the development as it progresses. N.B. Department of Transportation advises that the location of the former Valley Anglican Church has been an issue in the past due to the proximity of the Route 1 off -ramp and intersections with unconventional traffic movements. Access points to the proposed new facility, if not well- planned and properly located will definitely result in serious traffic flow and safety issues. The Department of Transportation does not object to the proposal but recommends that the developer be required to complete a traffic impact analysis, complete with projected traffic flows and turning movements which will result when the traffic to and from the proposed hotel is added to existing traffic movements. The analysis should also advise how any potential, problem traffic flows will be addressed through traffic control measures established under TAC guidelines. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is bounded by St. Paul Street, Burpee Avenue, Rockland Road and Winter Street, adjacent to the Saint John Throughway (Route 1), as illustrated on the attached location map. It has an area of approximately 5940 square metres (1' /z acres) and was the site of the former St. Paul's (Valley) Anglican Church. The former church building was demolished recently and the only remaining building on the site is a two - storey dwelling that was converted many years ago to offices for Family Services. The paved former parking area for the church is located adjacent to St. Paul Street. A retaining wall exists along the rear of the property where the topography rises steeply upwards to Burpee Avenue. To the east along St. Paul Street are five multiple residential buildings. Beyond these properties there are a number of other multiple residential buildings, including a 24 -unit apartment building at 55 Winter Street. To the north on the other side of Burpee Avenue is the former Holy Trinity School that was recently rezoned for redevelopment with apartments. Beyond the school is a large nursing home. To the west along Rockland Road are multiple residential buildings and the Holy Trinity Church at 348 Rockland Road. 112 Architects Four (for Cyr Holdings Inc.) Page 7 2 St. Paul Street March 20, 2008 Proposal The applicant (on behalf of the developer, Cyr Holdings Inc.) has submitted the attached proposal to develop an approximately 112 -room hotel with associated dining, lounge and meeting facilities on the subject property. The proposed hotel would have a height of nine storeys on top of a partially- underground parking structure. The combined outdoor /indoor parking facilities provide a total of 143 spaces, which would accommodate the proposed 112 rooms plus dining /lounge facilities for up to 155 seats. Access is proposed to be via two driveways on St. Paul Street and one driveway on Rockland Road. The developer operates an independent chain of chateau -style hotels, including the Chateau Moncton on the boundary of Moncton and Dieppe. He wishes to expand into the Saint John market and indicates that the subject site is ideal due to its visibility, access to the Throughway and proximity to Uptown/Harbour Station. As noted in the Background the subject site is currently zoned `B -2" General Business, with Section 39 conditions restricting the use to a limited range of activities within the existing buildings (the largest of which has since been demolished). Normally, only a Section 39 amendment would be required in order to permit a hotel. However, the `B -2" General Business zone limits the height of a building to a maximum of 3 storeys or 14 metres. A variance would not be appropriate in this case. Therefore, the applicant has requested Council's approval of a special zone ( "SZ -25 ") that would be the same as the `B -2" General Business zone, except that the maximum permitted height would be 9 storeys or 30 metres. In addition, it has been discovered that the Municipal Plan actually designates the subject property Major Community Facilities along with Holy Trinity Church, Holy Trinity School (in the process of being redesignated to Medium Density Residential) and Rocmaura Nursing Home complex. At the time of rezoning of the property to `B -2" General Business in 2006, it was mistakenly thought that the site was part of the surrounding residential designation. The applicant has requested that the subject site be redesignated on Schedule 2 -A of the Municipal Plan to Service Corridor to provide conformity for either the existing `B -2" zoning or the proposed "SZ -25" zoning. The submitted site plan indicates that three variances from the general site development standards of the Zoning By -law will also be required: variance to permit the development to have two loading spaces (i.e. one at the rear of the building and one for picking up /dropping off passengers at the front entrance), whereas the Zoning By -law requires a minimum of three loading spaces for a building with a gross floor area of more than 5000 square metres; variance to permit the passenger pick -up /drop -off area to have a vertical clearance of 3 metres (10 feet), whereas the Zoning By -law requires loading spaces to have a vertical clearance of 4.2 metres (13.8 feet); 113 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street Page 8 March 20, 2008 • variance to permit a portion of the outdoor parking area to have no landscaped setback from the front property line, whereas the Zoning By -law requires a minimum of 2 metres (6' /z feet) of landscaping inside the property line. Proposed Amendments The proposed Municipal Plan amendment and rezoning will have the effect of incorporating the subject site into the larger Service Corridor area that extends along Paradise Row to the west. The site is somewhat isolated from the residential neighbourhood to the north and east by the change in topography and by the four streets that form the boundaries of the site. However, it should be noted that there are residential buildings located directly across both Rockland Road and St. Paul Street from the subject site. The Committee and Council should note that the owner of some of several dwellings on the opposite side of St. Paul Street has submitted a written objection to the proposal. The concerns include the size, height and proposed use of the building, the loss of an existing basketball court in the northeast corner of the site, traffic and the lack of on site landscaping between the parking area and the property line abutting St. Paul Street. The Municipal Plan's current policies for the site provide for institutional uses such as the previous use as a church. While such uses would continue to be appropriate for the site, its location on the edge of the institutional /residential area and adjacent to Throughway and Paradise Row area, suggests that a commercial use such as a hotel could also be considered. Indeed, the 2006 rezoning of the site to `B -2" General Business indicates that the site was considered appropriate for commercial uses at that time. While conditions were imposed limiting the range of uses and restricting any activity to the (then) existing buildings, it was indicated that a major redevelopment of the site (including possible additional or alternative commercial uses) could also be considered at a later date when a specific proposal is made. The subject proposal would result in the use of the site for a major hotel development. While the scale of the development (i.e. a nine - storey building with an average height of approximately 29 metres (95 feet) is clearly not the same as the predominant pattern of development in the vicinity of the site, the large size of the site, its location on the edge of a major traffic corridor and the topography of the area can be considered. In this regard, the attached cross section of the site indicates that the top of the building will be approximately 3 to 4 metres (10 to 13 feet) higher than the top of the former school building on the opposite side of Burpee Avenue. The portion of the site occupied by the above - ground portion of the structure will result in a lot occupancy of only 17 percent of the lot area, which is well below the maximum lot occupancy of 60 percent for the `B -2" and "SZ -25" zones. The dwellings on the opposite side of St. Paul Street are at least 33 metres (110 feet) from the proposed location of the high -rise portion of the hotel. This is similar to the 40 -metre (130 -foot) separation between the proposed high -rise apartment buildings recently approved for Fort Dufferin and the nearby houses in that neighbourhood. A hotel (particularly a high quality development such as the present proposal) is typically a low impact commercial use given that the main purpose of the establishment is to provide sleeping accommodation for the travelling public. Even full service hotels with associated meeting and 114 Architects Four (for Cyr Holdings Inc.) Page 9 2 St. Paul Street March 20, 2008 dining /lounge facilities can be located adjacent to residential neighbourhoods with little or no negative effect. The Zoning By -law recognizes this by exempting lounge facilities within hotels from the usual minimum separation requirements from churches, schools and residential areas. With respect to vehicular access, the subject site has the advantage of being directly adjacent to a major thoroughfare. Consequently, traffic does not have to pass through a residential neighbourhood in order to reach the establishment. However, the proximity and configuration of the Route 1 off -ramp also presents some challenges for the proposal. This issue is discussed below. Access to the Site The traffic impact of the proposal is a major issue due to the site's location in front of a busy off - ramp from Highway 1 with its interconnection to the City street system. In conjunction with the previous proposal for the site, it was noted that no direct access to Winter Street should be permitted. The present proposal maintains this feature. However, the scale of the present proposal also suggests that additional considerations may be necessary. As noted by both the City's Municipal Operations & Engineering Department and the N.B. Department of Transportation, the developer should be required to submit detailed traffic impact analysis, prepared by a qualified traffic engineer and subject to the approval of the Chief City Engineer, prior to construction of the hotel. Any necessary modifications to the current configuration of the interchange and street, as identified in the impact analysis, will be the responsibility of the proponent. All work would need to be in conformity with detailed plans that will be subject to the approval of the Chief City Engineer or his designate. Site Servicing Municipal Operations and Engineering has advised that water and sanitary sewer exists in adjacent streets, while there is no separate storm sewer. It is the responsibility of the proponent to ensure that sufficient capacities exist for the proposed development. With particular regard to site drainage, a detailed grading and drainage plan will be required. Public utility extensions may also be required. The recommended Section 39 conditions include these requirements. These services, and any upgrades to the power supply, will need to be developed in new underground facilities. Site Development and Variances As is the case with other large scale developments in the City, conditions are recommended with respect to the nature of the proposal and site development. These should include a limitation of the number of units to that being proposed by the applicant, as well as Development Officer approval of detailed site and building elevation plans to ensure a high quality development is realized as proposed. Features such as paving and curbing of driveways and parking areas, 115 Architects Four (for Cyr Holdings Inc.) Page 10 2 St. Paul Street March 20, 2008 underground utilities, landscaping of all disturbed areas of the site not occupied by the buildings and parking, and (as noted above) preparation of a site drainage plan should be required. These are all normal requirements for new developments in the fully serviced urban areas of the City. As noted on pages 1 -2 of this report, the development as proposed requires the consideration of three variances — two of them dealing with loading facilities and the third dealing with a reduced landscaped setback of the surface parking (the enclosed parking facilities would be allowed to have no setback from the front lot lines). With regard to the loading facilities, the applicant is proposing one standard loading area at the rear of the building and a passenger loading /unloading area at the front entrance. The By -law requires a minimum of three loading spaces for a building with more than 5,000 square metres of gross floor area, regardless of use. In this case, the developer has advised that its experience with developing similar hotels indicates the two proposed loading areas are all that would be needed, on the basis that the great majority of the floor space is devoted to hotel guest rooms. There is merit to this argument since the standard also applies to a situation such as a large grocery store or other type of retail store or warehouse /manufacturing establishment with frequent (and sometimes simultaneous) deliveries or pick -ups of items. Similarly, the reduced vertical clearance of the passenger loading area at the front entrance to the hotel can be supported on the basis of its specialized function. The reduced parking area setback from the street lines is similar to the existing parking setback on the site's St. Paul Street frontage, except that it will be extended onto a portion of the Winter Street frontage. On the Winter Street frontage, there is a substantial grassed area within the street right -of -way that will be retained, giving the impression of a larger yard area. Most of the existing trees will be retained as part of the development. On the St. Paul Street frontage, the surface parking will actually be located on top of the enclosed parking garage, which is permitted to have a zero setback from the property line. CONCLUSION: The subject site is a large parcel of land in a high profile location adjacent to the Saint John Throughway. It presents a significant opportunity for a high quality development such as the applicant's proposal. The height of the development is significantly higher than other buildings in the area, but its impact is reduced by factors such as the size of the site, lot occupancy, topography and separation from other properties by surrounding streets. Given the above observations, the applicant's proposal is supported and the proposed amendments and variances can be recommended for approval, subject to conditions dealing with use, servicing, access, traffic management (including possible street improvements or modifications) and site development. The suggested conditions are included in the report's recommendation. 116 Architects Four (for Cyr Holdings Inc.) 2 St. Paul Street RGP /r Project No. 08 -010 117 Page 11 March 20, 2008 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT i a Ur Uncrag9° i "c R \ r .c `o,<Gte ' Sao lip s° •r •'• • R M — `•'� �` •• T '�\\,`c„ -,(\ •,• • • 0'r4� / /f \\ AN 4 • / `Ll M1bs • j j.�� « •• /.: %,�' •,� § ;. a •, i� f —�. \\ \\ /. ••• , >\ C ' i .—.- - '•, _ - —. _ '"�'. Ira xk: • ` • ` . \ 11Z ✓✓ R M- Crue S • y •'' �. r • \ PID(s) /NIP(s): Subject Site /site en question: 00022103 Location: 2, rue St. Paul Street Date: February 15 fevrier 2008 Scale /echelle: Not to scale /Pas a 1'echelle 118 i u � r � 1 t4 y r a g tt#� �9 Ss �P da 8 ! t a Att P � 3 f; { x„ 1` == =am V�Iq, me moss CkMa' ma�u- J�8}rW4aw 'tJt JJJJJJ�����iM1 mamomorq 4499CC. W. n n X0,4 } mm -so � r �ImamOma r E��4 t k t? JI A ti � YK s �I „r .rj�5.�a`�.s,l� c uMka J i 119 W [�• ASi O N U W O D O W CO co U 2 V Z Z C) O O� Z d U to 121 CO Cl) W 0 Q. 122 U- 0 O O O J LL 0 Z N I f "t t 9£ f I I I W I U i i LL i O 0 W i U Z Z> >of W OOOZQ Q W (D 123 O N r. 0 N U. W r0 cQ m i 0 Q D 0 ^U r W W W U ;i W ra=n O Z 0, O ZZ �J -J0 — Z 1— U co 4x, 111 1�l1 lull nl, 41 5.11 .For flat I0' 811111 1 7.f ir , I 1!-VA I Na Iii OREM, olm, foil MIER L �t,, MR. M) Nil; s WRY a C 0 3: e 1(1�NI E ,I�I��h2` t4i ISj� 1 � r d Atw 91lx � V �yl!1 l� Idljj ,r S t f aaI�p ,M:t 'Xill:llp�;lllil . a pA ®� NMI Nih I� IR �N �fN'ilfifl,�4 h. • • O U � w � cgi M ® ® ® ED 126 W Y z� 0 0 F- V W CO Q W N O 0 N U W CO) CO O e O Q O Z 0 W Q �U W Q o0 U Z ZZ O-5 F-- �z U CO) 127 Z 0 w CO M- C) C) N W O co CY) LL rA CO) Z 0 w < >W L) i W c . 0) m 0 z Z Z 0 r z L) Cl) Ld 127 Z 0 w CO M- C) C) N W O co CY) LL rA CO) Z 0 w < >W L) i W c . 0) m 0 z Z Z 0 r z L) Cl) 12 Application for a Zoning By -law Amendment Demande de modification a l'arrete sur le zonage Applieant Related Information / Renseignements sur le d andeur Name of Applicant 1 Nom du dmwd= a �+ Meiling Address of applicant / Address postale du deaa�utdeur Telephone Number / NuM&o de telephone (� Home / Domicile Fax NwAber / Numfro de W&mpieur Name of Propety Owner (if diff=nt) / Nom do propri8taim Address J Adresse Property Information / Renseignements sur la Location / Em yenwnf CMr. # / No de voirie Lot Area / Superfide du lot I , 4 Sc) m 2 Shed FI Existing Use of Property / Utilisation aatuelle de La propn& Municipal Am Laud Use Designation Designation de Wizadon des ten-es slu le plan muoidpaL J Amendment Requested / Modification demand& - Present Zoning / Zonage ==I Change Zoning to / Modification du conage A 4 T l and/or / ou CI Text Amendmen t (indicate pagiculm) / Modification Postal Code / Code postal _ / 569 / Travail different) Postal Code / Code postal _ I Rue PID f NIP / Fas ade sur rue 33.5 r" due texte (indigtm Les details) 130 G0 /b0 3JVd d0_13A3Q QNa ONINNt1 -ld T 50 :60 8002/5T/T0 De+vclopment Propoanl / Proposition d' Description of Proposal f D=fiption de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. ?'he plan mwst show the dimensions of the property, the location of all buildings, driveways, parkin+ areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vows faurnir un plan du site a Nkhelle illustrant votre proposif on. Vouspouvez 0galement fournir des photogr phles. des plans de birtiment, des dessins de plan d'4kvati w et toute autre forme de nenseignement Le plan doit indi r les dimensions de la propritit6, l'emplac cent de la totalit des h4aments, des allies, des sires de staftonni ment, des amenrtgeinents paysagers et des panneaux de signa Whom 11 est important d'indiquer la distance entre les limit de 1a propriitc; et !es bddments. Provide tgwns why these ameudmeais should be app uva / qW pwirait We approavdes, tout aum nMsMgWMDW 0040Mnant Votm proposition e_ PrM& soy Other infOnrAtron about YOUR ptnposal that WoWd proposition qid poutrait @tie utile. - U- Sigaahue of Applicant / Signatiiue du &=Ddm Date 12" &W Appliestion Fee Enclosed / Ct -joiut ies fitais d� IfYOu are not the owner of the land in question Si vows please have the owner sign below. The signature of veailic the owner is authorizing this application to proceed ci -dess, for consideration by Common Council. traieem Signatwe of Owner (if aipplimble) Signat me due propri ke Wil y a lieu) Date: soft �' 1 I 1 /' I! :�1 �'i1 •JI 11 wl MI / i' I�: 1 '1 / ' de 40D $ n'ates pas le propriktaire du terrain en question, obtenir la signature du proprigtaine dons la partie us, is signature du propri4taire awtorisagt le ant de la prisenm demande pour que cute dernierte wince par le eonseil congmunal. s' 50150 3Jad d0-13A3Q QNb JNINNVId 1, 1 T 50 :60 8002 /5T /T0 Application for the re- zoning of 990 Sand The request of the re- zoning proposal on the west side. The property for this Dayc� facility will house in the beginning, 18 childr children. This facility will operate from 7:30 The property is currently owned by Patrick aj will be 2 employees and with expansion will The driveway of the daycare will the side of the property and around the back. parents dropping off their children will be abl either the front of the premises or drive down Ensuring that the parents are able to drive out The play area outside will measure apl located at the back of the premises and will be inside the premises will consist of 1300sgft no bathrooms. Also, there will be a visible, free s Daycare. February 5, 2008 Rd for "Happy Days Daycare" to open a much needed childcare facility is located at 990 Sand Cove road. The with the hopes of expanding to 37 i until 5:30pm from Monday to Friday. Lesley O'Neill. In the beginning there up to 4 additional employees. ipass the front area of the property, down measures approximately 6095sgft. The to drive in off Sand Cove road, park at the designated parking at the back. ,nto Sand Cove road •oximately 1200sgft. The area will be ompletely fenced in. The floor plan including kitchen, hallways and ending sign posted at the front of the 132 El 4-4 W C. 0 a 0 Q n 7 , -0 C7C) -0 r (n , p p O 0 0 C- O a r -u < cU 0 0 7 0 z K (D O VI D 7 f s O (n D (D cz� p (T 0 S (D S 0, Dom. 0 Z p (D T 0 _0rn \V I � I N T(D V 0 r� A I- N I - A A I I t D I D ID t0 t0 I� lLJ 0 Q� Ot - - • A t.0 ... L (D I u 0 O 1 I (n Vl cl vl V, (n vl (p I Ui II C) ' I n - V M JOI D ILI M(I C Q N -AAJU •�, � ink "i v n p i 0 o -_ - 0 J �! v J J' -J J -� { I 0 r W a of 0) 0) u tD I O) 0, 7c)00 A lPN V�UIV� of ,_n � o 00 C)Lo w 0 Q n 7 , -0 C7C) -0 r (n , p p O 0 0 C- O a r -u < cU 0 0 7 0 z K (D O VI D 7 f s O (n D (D cz� p (T 0 S (D S 0, Dom. 0 Z p (D T 0 _0rn \V I � I N T(D V 0 r� A I- N I - A A I I t D I D ID t0 t0 I� lLJ 0 Q� Ot - - • A t.0 ... L (D I u 0 O 1 I (n Vl cl vl V, (n vl (p (p n - V M JOI D ILI M(I C Q� <O QIO WJ�I ooJJwNC) N -AAJU •�, � ink "i v n p i 0 o -_ - 0 J �! v J J' -J J -� { I 0 r W a of 0) 0) u tD I O) 0, 7c)00 A lPN V�UIV� of ,_n � o 00 C)Lo w l C C.+ (P A T P , ll r, n i (�• u, I � � w n o� c o u �� it l ii co C) 0 . y � c.�a wnn �QV �, ■OC��� DCo� �4 ti - m o Z (ONl O D u 0 O Q o� w n o� o u �� it l ii PROPOSED ZONING BY -LAW AMENDMENT RE: 990 SAND COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 31, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 990 Sand Cove Road, having an area of approximately 1,850 square metres, also identified as PID No. 55094197, from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional REASON FOR CHANGE: To permit a day care centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 OJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 990, CHEMIN SAND COVE Nis public est donne, par la presente, que le )nseil communal de The City of Saint John a intention d'6tudier la modification suivante de arrdt6 sur le zonage de The City of Saint John, au curs de la reunion ordinaire du Conseil pr6vue le indi 31 mars 2008 a 19 It dans la salle du conseil: .ezonage d'une parcelle de terrain d'une superficie pproximative de 1850 metres carres, situ6e au 90, chemin Sand Cove, et identifiee sous le NID 5094197, de zone residentielle de banlieue — abitations unifamiliales et bifamiliales «RS -2» quartier i vocation collective << IL -1 » ON DE LA MODIFICATION: Atre une garderie. .Ioute personne int6ress6e peut examiner le projet le modification au bureau du greffier communal ou .0 bureau de Furbanisme et du d6veloppement a 'h6tel de ville au 15, Market Square, Saint John, 1. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, auf les jours feri6s. leuillez faire parvenir vos objections au projet de nodification par 6crit a Fattention du soussign6 a 'h6tel de ville. . Patrick Woods, Greffier communal X58 -2862 PROPOSED ZONING BY-LAW AMENDMENT RE: 990 SAND COVE ROAD Public Notice is hereby given that the Common Cou cil 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, March 31, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 990 Sand Cove metres, also identified as PID No. 55094197, from to 11IL -1" Neighbourhood Institutional. REASON FOR CHANGE: To permit a day care centre. The proposed amendment may be inspected by any or in the office of Planning and Development, City hours of 8:30 a.m. and 4:30 p.m., Monday through I Written objections to the amendment may be sent to J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION OBJET: 990, 1, having an area of approximately 1,850 square " One and Two Family Suburban Residential -sted person at the office of the Common Clerk, 15 Market Square, Saint John, N.B. between the , inclusive, holidays excepted. undersigned at City Hall. VARRETE SUR LE ZONAGE SAND COVE Avis public est donne, par la presente, que le conseil communal de The City of Saint John a l'intention d'etudier la modification suivante de Parrete sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 31 mars 008 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie a proximative de 1,850 metres canes, situee au 990, chemin Sand Cove, et identifiee sous le NID 55094197, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a quartier a vocation collective « IL -1 >>. RAISON DE LA MODIFICATION: Permettre une garderie. Toute personne interessee peut examiner le projet de nodification au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a Ph6te de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les j urs feries. Veuillez faire parvenir vos objections au projet denodifcation par ecrit a 1'attention du soussigne a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Acco Lint# 71206) Contact: J. Patrick Woods rk/Greffier communal Phone: (506) 658 -2862 [Fax: (506) 674 -4214 Special Instructions (if any): Newspaper I (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s) k Tuesday, March 4, 2008 Tuesday, March 25, 2008 Date(s) Date(s) Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Cl rk/Greffier communal Contact: Telephone: (506) 658 -2862 137 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: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 990 Sand Cove Road, having an area of approximately 1,850 square metres, also identified as PID Number 55094197, from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire Common Clerk/ First Reading - Second Reading - Third Reading - ARRETE N" C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil Zal, The City of Saint John a ce qui suit : L'arrete sur le zonage de The City Saint John, decrete le dix -neuf (19) embre 2005, est modifie par: La modification de Pannexe <<A>>, n de zonage de The City of Saint John, mettant de modifier la designation pour parcelle de terrain d'une superficie ,roximative de 1,850 metres carres, gee au 990, chemin Sand Cove, et atifiee sous le NID 55094197, de zone identielle de banlieue — habitations familiales et bifamiliales «RS -2» a irtier a vocation collective << IL -1 >>. toutes les modifications sont indiquees sur plan ci joint et font partie du present ,,1 FOI DE QUOI, The City of Saint John fait apposer son sceau communal sur le esent arrete le 2008, ,ec les signatures suivantes 3reffiere communale Premiere lecture - Deuxieme lecture - Troisieme lecture - March 26, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 990 Sand Cove Road On March 3, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 25, 2008 meeting. The applicant, Mr. Pat O'Neill appeared to speak in support of the application and indicated that he was not in agreement with the recommendation in the attached report. Mr. O'Neill pointed out that he is willing to do any work required to ensure that the proposed daycare centre does not worsen the drainage problem in the area, and also noted that he was unaware of the flooding problem in the Meadow Land subdivision until he received the report. He pointed out that the City was to have installed a culvert in the ditch in the subject property's yard, but that work had not been done in six years. Mr. O'Neill pointed out that many daycare centres operate on busy roads such as Millidge Avenue, and that this situation is no different. He explained that the daycare centre would be operated as per Community and Family Services standards, and that daycare centres are badly needed in this area. Mr. Charles Breen, of 1000 Sand Cove Road, appeared in opposition to the application, and noted that he had been asked to also speak on behalf of Ms. Carol Saunders or 1100 Sand Cove Road. Mr. Breen had also submitted a letter outlining his concerns about the potential impacts of the proposed daycare centre with regards to noise, his property value, the size and suitability of the subject house and site for a daycare, drainage issues, and traffic safety. Mr. Breen stated that he had requested a traffic count from the Department of Municipal Operations and Engineering and had received the following counts by telephone: - on Monday, March 17, 2008, 480 vehicles passed by the site between 8:00 a.m. and 3:00 p.m.; - on Tuesday, March 18, 2008, 493 vehicles passed by the site between 8:00 a.m. and 3:00 p.m.; and - on Wednesday, March 19, 2008, 491 vehicles passed by the site between 8:00 a.m. and 3:00 p.m. 139 Planning Advisory Committee March 28, 2008 Page 2 Mr. Breen noted that the sight lines from this area onto Sand Cove Road are worse in the winter as snow is piled on that side of the road, and that the traffic past the site greatly increases in the summer with people travelling to the Irving Nature Park and gravel trucks travelling from the nearby pit. Ms. Beth Barrett - Bowles, of 33 Meadow Wood Garden, appeared to speak in opposition to the application. Ms. Barrett - Bowles has also submitted a letter outlining her concerns that any changes to the property at 990 Sand Cove Road will worsen the drainage problems for the houses on Meadow Wood Garden. She also noted concerns regarding traffic safety and noise for adjacent property owners. Ms. Sharon Wright and Mr. Dan Wright, of 1028 Sand Cove Road, appeared in opposition to the application. Ms. Wright noted that she also had concerns regarding traffic safety, the amount of parking that would be required, and the value of surrounding homes. The applicants, Ms. Lesley O'Neill and Mr. Pat O'Neill, indicated that they were not previously aware of the drainage problems in the area, and reiterated that they would take all necessary precautions to prevent flooding downhill from the site. Ms. O'Neill pointed out that the daycare would be operated as per Community and Family Services standards, and that children would only be outside twice during the day, for 45 minutes in the morning and 45 minutes in the afternoon. She also reiterated that many daycares operate on busy roads, and that childcare is needed in this area. After considering the attached report, letters and presentations, the Committee accepted the recommendation as set out below. RECOMMENDATION: That Common Council deny the requested rezoning. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -072 140 DATE: MARCH 20, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 25, 2008 SUBJECT: Name of Applicant: Name of Owner: Location: PID: Sarah Herring, MCIP Planner Lesley and Pat O'Neill Lesley and Pat O'Neill 990 Sand Cove Road 55094197 Municipal Plan: Low Density Residential Zoning: Current: "RS -2" One and Two Family Suburban Residential Proposed: "IL -l" Neighbourhood Institutional Proposal: To permit a day -care centre. Type of Application: Rezoning 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, March 31, 2008. STAFF RECOMMENDATION TO COMMITTEE: 141 Lesley and Pat O'Neill 990 Sand Cove Road That the requested rezoning be denied. BACKGROUND: Page 2 March 20, 2008 On September 28, 1992 Common Council rezoned the subject site and the adjacent properties on Sand Cove Road (identified at that time as a portion of PID 395566) from "RF" Rural to "RS -2" One and Two Family Suburban Residential pursuant to the following Section 39 resolution: a) requiring that all driveway accesses to Sand Cove Road be approved by the Development Officer; and b) requiring that a note be placed on any subdivision plan affecting this land notifying prospective purchasers of condition (a). The lands to the rear of the subject site (identified at that time as portions of PID 395566 and 42973 8) were also rezoned, from "RF" Rural and "R -1B" One Family Residential to "RM -1" Three Storey Multiple Residential subject to a Section 39 resolution. Due to the steep nature of this property and existing drainage patterns in the area, the conditions placed upon this rezoning included a number of provisions regarding drainage and maintenance of the natural ground cover. a) limiting the development of the property to a 30 -unit, one - storey townhouse development fronting on a public street; b) requiring that a detailed drainage plan be prepared by the applicant, approved by the Chief City Engineer, and appended to any subdivision agreements for this land as the basis for all regarding to occur; c) requiring that the drainage of the lands not be altered except in a manner that may, from time to time, be approved by the Chief City Engineer; d) requiring that a landscaping plan be prepared for the land by the applicant and approved by the Development Officer, which illustrates: a. all areas which will remain in their natural conditions as permanent buffers; b. all areas which will be restored to natural conditions as permanent buffers; and c. all other plant material which will be utilized in the development, including street trees. 142 Lesley and Pat O'Neill Page 3 990 Sand Cove Road March 20, 2008 e) requiring that the landscaping plan required in (d) be included with each subdivision agreement for each phase of the subdivision of this land, and the development for each phase be in accordance with that plan; and f) requiring that all permanent buffer areas defined in (d) be retained, and plan material not be removed except as may, from time to time, be approved by the Development Officer. The resolution has since been amended to permit the existing Meadow Lands Subdivision and townhouses on Thistle Street and Meadow Wood Garden. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises that the proposed use of this property requires the installation of a City- approved water meter. It should be noted that the frontage of this property is at an approximately 8% grade an a fairly sharp curve in the roadway that may limit site distance for ingress and egress from the property. Building and Technical Services advises that prior to any use of the property for a daycare the owner will be required to submit floor plans for approval and to undertake any upgrades required to meet Building Code requirements for the proposed use. Fire Department has no objection to the application, provided that any interior renovations to support the daycare are designed and conducted in accordance with the National Building and Fire Codes. Some of the emphasis of these codes includes (but is not limited to): - fire separations (between living area) - emergency exit lighting - door closures - fire extinguishers - emergency plan In addition to building renovations, the National Building Code provides that combustible materials need to be no less than 1 metre from a heat source. In addition to the National Building and Fire Codes as provided above, the applicant's proposal must satisfy the requirements of the "Child Daycare Facilities — Operator Standards" as provided by New Brunswick Health and Community Services. To this end, an application to operate a licensed daycare must be submitted to Family and Community Services. 143 Lesley and Pat O'Neill 990 Sand Cove Road ANALYSIS: Subiect Site and Neighbourhood Page 4 March 20, 2008 The subject site is located on Sand Cove Road opposite the intersection with Kean Road and Fishermans Road in West Saint John. The 1,850 square metre (19,913 square foot) site currently contains a two - family dwelling located at the front of the lot, a wide gravel driveway at the southwest side of the property and gravel driveway and parking areas to the front and rear of the dwelling. The site is steeply sloped, dropping approximately 9 metres (29.5 feet) in elevation from the front of the property on Sand Cove Road to the rear (constituting a grade of approximately 15% over the run of the site). The northeast side of the property, as well as approximately half of the frontage, contains a large drainage ditch/swale running down to the rear of the property and to the low -lying land along Meadow Wood Garden. The surrounding area contains a mixture of one- and two - family dwellings, multiple dwellings, including two large apartment buildings to the east of the subject site, and a 30 -unit townhouse development to the rear of the subject site on Thistle Street and Meadow Wood Garden. The portion of Sand Cove Road adjacent to the subject site contains a sharp curve with several hidden driveways and a "blind knoll" to the east of the site. As well, the site is next to the intersection of Sand Cove Road with Kean Road and Fishermans Road. Proposal The applicant is proposing to establish a daycare in the existing dwelling at 990 Sand Cove Road to provide care for between 18 and 37 children between the hours of 7:30 a.m. and 5:30 p.m. from Monday to Friday. The applicant proposes that the daycare will initially be staffed by two people, and that staffing will increase with the number of children being cared for. The attached internal site plan illustrates the layout for the lower storey of the dwelling, with four "classrooms" for daycare activities, kitchen and washroom facilities. The applicant has indicated that the lower storey will be developed for the daycare first, with the upper storey being used for residential purposes until the number of children at the daycare increases to require additional space. At that time, the upper storey would also be used for the daycare centre. The attached site plan illustrates the proposed outdoor play area being proposed for the daycare, which will consist of a fenced yard with approximately 111 square metres (1200 square feet) of area. The plan also proposes a parking area at the rear of the play area, with approximately 8 parking spaces for employees and parents dropping off and picking up children from the daycare. There is also space to park two vehicles in front of the building. 144 Lesley and Pat O'Neill 990 Sand Cove Road Page 5 March 20, 2008 This proposal requires that the subject site be rezoned from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional as daycares are only permitted in residential zones if they are secondary to a residential use. The subject site meets the requirements of the "IL -1" Neighbourhood Institutional zone with respect to minimum lot area, lot width and lot depth. Provincial licensing of daycare facilities specifies a number of requirements for approval, including: floor space and sanitary requirements, the availability of a fenced outdoor play area, Health Act standards regarding sanitation, lighting and ventilation, National Fire and Building Code standards, adequate sleep or rest area, fist aid supplies, food services and cleanliness standards, minimum staff qualifications and staff -to -child ratios. These matters are regulated and enforced by the Provincial licensing process and need not be considered in this application. While the applicant's proposal for approximately 10 parking spaces exceeds that required by the Zoning By -law for this use, there are serious concerns regarding the feasibility of providing safe and accessible parking for the proposed number of clients on this site. With between two and six employees, and up to 37 families dropping up and picking up children from the site during peak morning and afternoon hours and no available on- street parking, the proposed number of parking spaces will be certainly a necessity, even if not required by the By -law. Given the poor sight distances, due to the aforementioned curve and knoll, and steady traffic on Sand Cove Road, including City and school buses it is also necessary that the proposed space between the play area and the rear parking spaces is provided so that vehicles can turn and drive out onto Sand Cove Road. As shown on the attached site plan, the subject site is large enough to provide the proposed parking area; however, the steep slope of the site greatly reduces the amount of useable land area. The existing grade of approximately 11.5% from the front of the site to the rear of the parking area would not allow for safe year -round access to the parking area and it would appear that a large amount of fill and grading would be required to permit parking in the rear yard. This in turn creates serious concerns with regards to drainage. As noted in the Background section of this report, the problem of drainage was identified when this site and the properties to the rear were rezoned and developed. Altering the slope of this site and the ground cover (the parking area would need to be paved), would likely exacerbate these issues. CONCLUSION: Given the steep topography of the subject site, and the likely impact of developing the rear portions for necessary parking, as well as the poor sight lines in either direction from the site onto Sand Cove Road and the increase in traffic from the proposed daycare centre, the requested rezoning of the site to permit this use cannot be supported. SKH Project No. 08 -072 145 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT •k � - -.!si O � 1 w • 71-tr• n' '� r' —r i v t RM- i � � F C X'#x i � �_Nl'ufl 4 rl w ■ ^I _ RM- m / / ,a`\ /4///, »s / � ••. pis— +1}trrtit7r+ I � \\ / r `•`•, x /i�R -cy w ■ qO 00 26 M • / Y :r R s C •'x • s r n`. ♦ � w — --------- lY CK- w +w as \ \ 1 \ R -\ 2 Subject Site /site en question: PI D(s) /N I P(s): 55094197 Location: 990 chemin Sand Cove Road Date: March 10, 2008 Scale /echelle: Not to scale /Pas a 1'echelle 146 i �i t C6 a f1v I EVA nt Gr 0 CtgO Sand Cove Road am P3 ;Q OAR 25 March -18 -08 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21- 41-1 Re: Rezoning Application- 990 Sand Cove Road This is to inform you that we are against this proposal for rezoning at 990 Sand Cove Road. Not having the report or any useful information our reasons are documented below but they are not all inclusive as we will make adjustments /additions when we able to obtain the report. 1) To begin there is a safety issue with the increased traffic for the children and frankly all of us living in this neighbourhood. This is a busy road now and with the potential of 37 children and the adults to take of them coming in and out of this location the traffic and congestion will be significant. This is also a safety issue for those children that will be attending this proposed day care. 2) Because of point 1 there should be a traffic study done to see if this increase can be accommodated safely. This is a lot of traffic that will be going across two lanes of the road and two times in the day at the very least that are extremely busy. This needs to take into account the high volume of traffic that occurs on this road above the norm in the summer months. In this time period when the weather is warmer the Irving Nature Park is open. With the many regulars who use these trails and picnic areas and the tour buses from the cruise ships etc. the volume increases. One very important increase in traffic is the gravel pit that can and does have high volumes of dump trucks going from sun up until sun down. These are very large industrial vehicles that with all the other traffic adding the potential of dozens of vehicles pulling in and out of a residential location that is on a corner and near a hill with adjoining roads at that point is dangerous. The mailboxes are also located near this home and there is already traffic pulling in and out of that location. 3) By the hand drawn paper that was included with the letter there it is not clear how many parking spots are proposed. In addition what are the maximum number of parking spots that can be at this location. 4) In addition to the approx. 37 kids how many adults will there be to take of them and where will they park? 5) The size of this house does not look like it can accommodate 18 children let alone the increase in the future to 37. There is nothing in the information we received that mentions additions to house for this. We want to see the drawings for expansion plans, if any, to ensure that they won't adversely affect our property value. March, 17, 2008 To Whom It May Concern: I have recently bought the property at 1010 Sand Cove Road to have as my retirement home. It has been brought to my attention there is a request for re- zoning to provide a day -care two doors from my home. I wart it known that I am against this request for traffic safety reasons. This section of Sand Cove Road has terrible site lines with a blind knoll coming down the hill and a blind corner coming up or down the hill due to a sharp "s" turn. This means that often vehicles have very little time to respond to cars entering or exiting the driveways on to the road. It is a busy road with delivery trucks coming and going to the br. Roberts Building further down the hill. Across the street is a bank of mail boxes from which people are coming and going all day including mail delivery trucks. This location also has two other roads entering Sand Cove Road. The road is unsuitable for parking on even for the bus which stops in front of my house to disperse students. When this bus does stop, it briefly creates a more dangerous situation as no can see up or down the turn. This entire situation becomes more complicated and serious during our winter season with ice and huge snow banks to hinder visibility. I beg that you do not add more traffic entering and leaving this already busy segment of Sand Cove Road. It is just too dangerous. Sincerely, J'19'lulvub'� Carol Saunders 150 rTIVED j. MAR 17 2C'3 0-a' A� _1051. vo 5. S. Dear Sir or Madam, This letter is in reference to the daycare proposal for 990 Sand Cove Road. My name is Charles Breen and I reside at 1000 Sand Rove Road, City of Saint John, with my wife, Audrey Breen. We are 74 and 73 years of age and purchased our present home, 1000 Sand Cove Road, Saint John New Brunswick, as our retirement home, as the area is quiet and private. This is a residential area and we strongly oppose allowing a business to open up next door- especially since this is sure to devalue our property. The home in question, 990 Sand Cove Road, is a basic bungalow with a small basement apartment. I think that 37 children in an area that small is absurd. Can you imagine the noise level from 37 children playing outside? This would make it impossible for us to enjoy our backyard and there is no doubt the noise level would intrude into our home. Also, between our property and the proposed daycare, there is no fencing separating the yards, and our lawn, is adjacent to their narrow driveway. What about the drop off and pickup of 37 children starting early in the morning, listening to the constant noise of cars pulling into the driveway, car doors closing, and trying to pull out into traffic again. This is not acceptable for a quiet residential area. This entire situation becomes more complicated and dangerous during our winter season with icy streets and huge snow banks to hinder visibility. In the winter time the cars would never be able to get in and out of the back yard due to the slope of the yard which becomes filled with snow and ice during the winter months. The area in front of the house in question is limited as the owner never bothered to finish filling in the front of the lot and there is a huge ditch surrounding the property. Parking or stopping on the street is not an option as there is no parking on either side of the street, as this area enters in and out of a blind turn, with traffic entering and leaving from four different directions. This area is a main road for travelling to the Irving Nature Park and a large subdivision, Meadowland. There is also a large volume of trucks coming and going from Irving's gravel pit near the Nature Park. We believe the number of vehicles entering or leaving the driveway of 990 Sand Cove Road, if made into a daycare, would pose a safety issue. I would also like to point out to the commission of the short notice we received, concerning this rezoning. We strongly oppose this daycare proposal as it will take away any privacy that we have and no doubt, this will be an intrusion on our daily life. It is our intention to attend the Planning advisory committee's meeting YTue March 25h, 2008, at 6:OOPM, in the counsel chamber, lobby level, City F ,.. Sincerely, Charles & Audrey Breen 151"` 1111 SNC LAVALIN PROFAC March 19, 2008 Planning Advisory Committee City of Saint John P. O. Box 1971 Saint John, NB E2L 4L1 Attention: Sarah Herring MCIP Re: Rezoning Application — 990 Sand Cove Road 11:29 22 a.m. 03 -19 -2008 1 H S, RECEIVED MnR 19 2��9 SAO. With reference to the above noted rezoning application, fast let me state that I am not opposed to the request as put forth in your letter dated March 10, 2008. I own the property at 27 Meadow Wood Gdns and have a concern regarding water run -off from any changes to the landscape to accommodate parking spaces, etc. My property is the lowest one in the first block of four directly below the subject property. Since the property at 990 Sand Cove Rd. was built we have had severe flooding in our backyards during heavy rains or once the ground becomes saturated. The water pours down the fence line and since I am at the lowest point before the catch basin it comes down the hill toward my house as well as toward the catch basin. The catch basin becomes overwhelmed so it backs up and sometimes reaches as far up as my privacy fence. This year with our brutal winter is the first time I have had water in my basement as a result of the amount coming down the hill and should the path of the water change or become more profuse I fear it may happen again. I would request that steps be taken to ensure that the water run -off issue is addressed to ensure no further detrimental affects to our properties located below. This is a serious concern to me since I seem to be the one most affected by the amount of water coming down the hill. I thank you in advance for your attention to this request and hope that steps will be taken to protect the properties located below the subject property. Should you require any further information feel free to contact the undersigned. Yours truly, Karen Schaven 27 Meadow Wood Gdns Saint John, NB E2M ST 672 -9610 — home 6948806 — work FORWARDED TO FAX # 658 -2837 on March 19, 2008 152 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de 1'entente relative :h I'article 39 Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur t, y 2 `f (3 N • l3 ) -f d . Mailing Address of Applicant / Adresse postale du demandeur ox q 7 p (} jam(. Postal Code / Code postal E2 ,1, �i e 3 Telephone Number / Numero de telephone: Home / Domicile ('906') 6 7 2 - 3 zf `f S Work / travail (5D (0) 6V 7 -o Fax Number / Numero de telecopieur L50 V) 6159 U 014 Name of Property Owner (if different) /Nom du proprietaire (si different) C iZO MB t C Q cyaiJP Mktll t S LIM('CEu, 115 KI N r i 5I E L L A MT Postal Code / Code postal B (_1 < (S 0 Existing Resolution / Resolution actuelle Date of Resolution to be Amended /Date de la resolution A modifier Imo( g, qqq /,wLy Z Z) Z oO Z Location /Emplacement i "ZO LOM04- -D MkLL) VA(LIouS Civic No. / No de voirie Street / Rue PID / NIP Applicant's Interest in Property/ Interet de demandeurs dan la propriete 'TE Nl't1.17 (`BOO L. -/,S ) What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entierement cote illustrant votre proposition. (Decrire la proposition en detail) 'iJ 51A6( -lS0 A Si;PWA UY- LILEA)SE0 "UNLC W - HN -4.T�F EX6 INU SPACE&c(APi U B'f JPo ,S , 3AL.Au(',E chi— SPA(,l~ To (.o mkLID k WC 0\4Q) A-S A SKOAL EACALr(y: 0 AME Q &OKADi-r)ON -y '?P-M (r SAT. Wu2s hS .9 \LLrAk D PA( Lo w2 (�-D� _F C,J+V ©►'t(DN S0`1 ItArl fbCD DOES RCt- RAUP- 117 QE PAPA Q A� ,WVEQ all PgGMISC -S ; A MEN 3 u)NOiflDN r) Pi_P.MiT ugi teD NTIE MIhOR(Ur(e4 KPrRWE -tM&KAM CIAO) ❑ A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci joint des frais de 300 $ sous forme de chequF ou dp mandat -poste libelle a Pordre de The City of Saint John. Signature of Applicant / Signature du demandeur Date Signature of the owner must be included. / Lasignature due proprietaire doit etre incluse. Signature of Owner (if applicable) / signature du proprietaire (s'il y a lieu) Date 153 o D B February 22, 2008 Randy Pollock City of Saint John Box 1971 Saint John, N.B. E2L 4L 1 Dear Randy: **$ Crombie REIT M RKIFFINIM `4 - "`r ,sx This letter is in reference to a request from Hugh Chamberlain, Owner /Operator of Dooly's at Loch Lomond Place, 120 McDonald Street, Saint John, N.B, who is applying for a separate liquor license for the lounge area of his premises. We are aware of his request to the City of Saint John and has the approval of the Landlord to apply for this license. If you require more information, you may contact me. Regards, - ham- ollins - - a ager MECM /tmp Loch Lomond Place, 120 McDonald Street, Saint John, NB Canada E2J 1M5 • Phone (506) 658 -1249 • Fax (506) 634 -0578 • www.crombiereit.ca 154 h T or O r 0 t`_ ° T Z J O �J W r < M J J V V J i� m M O W J Zt itZ i M= O 0C400ry pMp O GNtrOh Oerfvn� -TO NV/O g / s = i N S < Z r J f � 0 r W = "C �s sQ � X � X W s J u � � t Z Z Q W r = N N � M a Z Wg ^ J � O O I Z 3 W v C U u< s us Ji < J i chi O> j 155 �pp La 23' 34' i -- I 12' + 9.xl2 VESTIBULE S T C.)XRIA Og 0 FIC 9'x12'8' a Et LA ALS 51 J III", 12T �r tide qr- 0 0 5' - C) 0 0 0 0 5- 5• 0 0 72.5' L-4 L F7= 51 S. 5' 25' 25' 75' CO \"Bi1Uand Parlour Area. — FOO 0 L f C Area proposed -SKcial Fac-il;+t/ Li'Wce qwd tkT*s, gWd Mands -� o 6e. 11'CwseJ "A+inue, Loch Lomond Place wi+ Saint John, NB P-199-5 Scale: 1/8" = F 0" (Mg bO 6eAiS) i U11.1 PROPOSED SECTION 39 AMENDMENT RE: 120 McDONALD STREET (LOCH LOMOND MALL) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, March 31, 2008 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the May 3, 1999 rezoning of the Loch Lomond Mall property located at 120 McDonald Street, also identified as PID Numbers 322891, 345124, 55032411, 55032403, 55032395, 347120 and 55065197, to permit a revised proposal. REASON FOR CHANGE: To permit a separate licensed lounge area to be operated in conjunction with the Dooly's billiard parlour. 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET : 120, RUE McDONALD (CENTRE COMMERCIAL LOCH LOMOND) Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 31 mars 2008 it 19 h en apportant les modifications suivantes : Modification des conditions imposees en vertu de Particle 39, le 3 mai 1999, relativement au rezonage de la propriete situee au 120, rue McDonald et portant les NID 322891, 345124, 55032411, 55032403, 55032395, 347120 et 55065197, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Permettre que soit opere un salon separe ayant une licence de debit de boisson conjointement avec le salon de billard Dooly's. Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a Fh6tel 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 part de vos objections au projet de modification par ecrit a 1'attention du soussigne a 1'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 157 PROPOSED SECTION 39 AMENDMENT RE: 120 McDONALD STREET (LOCH LOMOND MALL) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, March 31, 2008 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the May 3, 1999 rezoning of the Loch Lomond Mall property located at 120 McDonald Street, also identified as PID Numbers 322891, 345124, 55032411, 55032403, 55032395, 347120 and 55065197, to permit a revised proposal. REASON FOR CHANGE: To permit a separate licensed lounge area to be operated in conjunction with the Dooly's billiard parlour. 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. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------ - - - - -- PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 120, RUE McDONALD (CENTRE COMMERCIAL LOCH LOMOND) Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 31 mars 2008 a 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de Particle 39, le 3 mai 1999, relativement au rezonage de la propri6t6 situ6e au 120, rue McDonald et portant les NID 322891, 345124, 55032411, 55032403, 55032395, 347120 et 55065197, pour permettre la pr6sentation d'une proposition r6vis6e. RAISON DE LA MODIFICATION: Permettre que soit op6r6 un salon s6par6 ayant une licence de d6bit de boisson conjointement avec le salon de billard Dooly's. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 116tel 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 part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 1&11.11 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 4, 2008 Tuesday, March 25, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 iU10.1 March 26, 2008 Common Council City of Saint John Re: Proposed Lounge 120 McDonald Street ( Dooly's Loch Lomond Mall ) Dear Sir: My wife and I live at the end of Virginia Street approximately 200ft from Dooly's. We are opposed to Dooly's adding an additional lounge. The existing Dooly's billiard parlour is already causing enough problems for us. Ever since they relocated to the back of the mall facing the residential area in 2005 we have had to put up with noisy customers and music from their outdoor deck and cars racing in the parking lot at closing time. This has affected what we consider to be the normal use of our property, that being peace and quiet at night. We feel an additional lounge would only make this problem worse. When Dooly's relocated, the mall management assured us there would not be any problems. However, they have not honoured their promise. Dooly's has managed to circumvent all restrictions and conditions that should protect the residential area from the problems I noted above. I guess their Special Facility licence really does make them special. Please do not let them make conditions worse for us and if possible put a condition on them that they cannot move any closer to the residential area in the future. If they stayed on the other side of the mall, where they were originally approved for, we would not be going through this process now. Sincerely: 6-; - 1�i�' � Lloyd Ginn 142 Virginia St. iON March 24, 2008 Planning and Development P.O. Box 1971 Saint John, NB E2L 41_1 Dear Planning Advisory Committee: Re: Proposed Lounge 120 McDonald Street (Loch Lomond Mall) The residential neighbors in the area of 120 McDonald Street (Loch Lomond Mall) listed below have reviewed your most recent letter dated March 10, 2008. We would like to advise you that we are against the proposed amendment to have a separately - licensed Lounge area for Dooly's Billiard Parlour. In addition, we are disappointed with the city for not advising us of Dooly's move from the front of the Mall to the rear section of the mall. We were not advised of this move or the addition of the "sports bar ". We are currently frustrated with the traffic, drunk drivers, rowdiness, loud music and all around noise level since their move. ❖ We object to changing condition (d) permitting the Lounge to be open until 2:30 am. This would increase the number to patrons to their establishment to a later time. We currently have more than enough people to listen to at 2:30 am leaving the mall with the squealing tires, foul mouths, drunk driving and loud conversations. We are a residential area where people need proper sleep to be able to work and go school without have our sleep interrupted further. ❖ We object to changing condition (f) permitting the lounge to provide entertainment including karaoke and one -man bands. The noise level will increase to more than what it is currently providing to the residents. ❖ We object to the placement of the video lottery gambling machines being placed in the lounge. Listed below are a few things that we have had to tolerate since the arrival of Dooly's to the rear of Loch Lomond Mall. loud music. drunk drivers. ❖ picking beer bottles up off of our lawns on Friday, Saturday and Sunday mornings. ❖ squealing tires as Dooly's patrons leave. They race, squeal tire, and do burn outs. ❖ witnessing Dooly's patrons leaving their premises to get some "air" and deciding to void while walking along some of our properties. ❖ witnessing Dooly's patrons leaving the deck area to pass liquor to underage minors around the corner. ❖ the increase of traffic from the Dooly's parking area to our local drug dealer. 161 IPA ❖ the loud conversations as Dooly's patrons leave, which include foul language to which many of us are offended. We the residents in the vicinity of Loch Lomond Mall would like to know if Dooly's amendments are approved, if they are concerned enough for their residential neighbors to put the following in place. ❖ a large sound barrier wall constructed down the entire length of Loch Lomond Mall to ensure eradication of the noise level we currently tolerate and know will increase. To have this in place prior to allowing the amendment to be in place. ❖ and with this barrier wall ensuring Bellevue Street and Virginia Street are made into dead end streets eliminating the unruly traffic entering into our residential area. ❖ blocking all access (driving or walking) from the two above mentioned streets to Loch Lomond Mall. ❖ ensuring our children and families can once again enjoy our neighborhood without cause for concern from the increased number of patrons visiting Dooly's. ❖ ensuring that policing /security guards will be put in place during operating hours to deal with any and all situations which may arise from the increase number of patrons visiting the area. Please be assured, that not only do we object to the amendments for change, we object to having Dooly's in the rear of the building. We understand that it is a business and the owner is only looking to make a living, however we the neighboring residents are only trying to enjoy living in our community. Please find listed below the names and addresses of those in agreement with this letter and opposed to the changes being requested. Respectfully, i The .*i b r' 'dents. C cc: Loch Lomond Mall Sobey's i" '3- VVe the following are in agreement with the attached letter to you dated Mwwrch 2%A.2,00%opposing the proposed lounge at1Z0 McDonald Street, Loch Lomond Mail (Dmok/s). Name Address Signature '^ G Ile y° Z 4z -je . � \ I VA / � 17 EA§ Li v i RE, I March 28, 2008 Common Council City of Saint John Re: Proposed Lounge 120 McDonald Street ( Dooly's Loch Lomond Mall ) Dear Sir: Please find attached a letter I received from the City Planning Dept in November 2005 outlining the Loch Lomond Mall's plan for accessing the relocated Dooly's. However, this plan was never implemented and Dooly's made the doors at the rear of the mall their main entrance and then proceeded to add an exterior deck and extend their business outside. Since Dooly's and the mall did not make any attempt to live up to their previous plan I certainly do not think they deserve to be allowed to add another lounge. I would ask you find out why the mall and Dooly's has been allowed to get away with not following the plan they presented in 2005 and make them start being a better corporate citizen and be more considerate to their neighbours. Sincerely: Lloyd Ginn 142 Virginia St. iM- I Planning and Development Urbanisme et d6veloppement www.saingohn.ca November 21, 2005 Margaret E. Cobham- Mollins Facility Manager, Loch Lomond Place 120 McDonald Street Saint John, NB E2J 1M5 Dear Mrs. Mollins: P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 Re: Dooly's Loch Lomond Place -120 McDonald Street This will confirm our telephone conversation of November 14, 2005, during which I conveyed to you a concern of a neighbouring property-owner with respect to the relocation of Dooly's billiard parlour within Loch Lomond Place. The concern relates to the means of public access to the establishment after regular mall hours. It is my understanding from our conversation that Dooly's will be accessed from within the mall only, and that the access after regular mall hours will be restricted to the mall's main door, located on the east side of the building between Sobey's and Tim Horton's. Specifically, the mall entrance on the south side of the building (i.e. adjacent to the Bank of Montreal) will remain locked and will not be used to access the billiard parlour after regular mall hours. Similarly, the billiard parlour's exterior doors at its new location on the west side of the building will not become regular public entrances but, rather, will only be used for access between the billiard parlour and the outdoor smoking area as well as for emergency exiting. You will recall that, in 1997, the Planning Advisory Committee considered the placement of terms and conditions on the operation of an amusement place (i.e. billiard parlour) in the mall. While no specific conditions were imposed at that time, it was noted that the original location in the building was well- removed from the neighbouring residential area to the south and that all public access would be from the parking lot between the building and McDonald Street. It is important that the new location of the establishment not result in any adverse impact on the residential neighbourhood. Should you have any questions regarding this matter please contact me at (506) 649 -6076. zrel , a PdL Randall G. Pollock, MCIP Planner c. Mr. Lloyd Ginn i11-11.1 March 26, 2008 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 120 McDonald Street On March 3, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its meeting on March 25, 2008. The applicant, Mr. Pierre Lariviere appeared to speak on behalf of the application, and stated that he was not in agreement with the recommendation to deny the application. Mr. Lariviere pointed out that the entire facility is currently licensed under a Special Facility license, and that all of the conditions being requested are currently permitted under that license. He was of the opinion that the proposed Lounge license for a portion of the premises would not change the operation in any way; except that it would permit Dooly's to apply for an additional five Video Lottery Terminals (VLT's) with the new license. Mr. Lloyd Ginn, of 142 Virginia Street, appeared to speak in opposition to the application. Mr. Ginn had also submitted a letter outlining his concerns with the noise generated by Dooly's patrons on the deck and in the parking lot and the potential for more disturbance from the proposed addition of the Lounge license. Mr. Ginn also pointed out that the rear doors from the parking area were not to have been used as main entrances. Mr. Blair Crowell, of 135 Bellevue Street, also appeared to speak in opposition to the application. He noted that he had a signed petition from approximately 20 residents of Bellevue Street who were also in opposition to the application. Mr. Crowell also noted that Dooly's patrons create a disturbance with noise on the deck and in the parking lot, and that he has also witnessed and reported drag racing and fighting in the parking lot. He was of the opinion that the addition of more VLT's would attract more patrons and create more disturbances for the adjacent residential area. After considering the presentations from residents, Mr. Lariviere offered that Dooly's would be willing to remove the licenses from the back decks if the proposed lounge license were approved. He noted that this should alleviate most 167 Planning Advisory Committee March 28, 2008 Page 2 of the resident's concerns, as the decks would only be used for smoking areas, and that music would no longer be played or beverages be served on the decks if the licenses were removed. After considering the attached report, letters and presentations, the Committee made a revised recommendation as set out below. RECOMMENDATION: That Common Council amend the Section 39 conditions applied to the property at 120 McDonald Street, also identified as PID Numbers 322891, 345124, 55062411, 55032403, 55032395, 347120, and 55065197, to read as follows: a) The subject property (Loch Lomond Mall) will only ever have a maximum of two facilities with a beverage room, club or lounge license at any one time; b) The size of the beverage room, club or lounge shall be limited to a maximum capacity of 60 persons; c) The beverage room, club or lounge entrance shall be from within the mall, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law; d) The hours of the beverage room, club or lounge shall be limited to normal mall operating hours of 9:30 a. m. to 10:00 p.m.; except that the lounge facility associated with Dooly's billiard parlour shall be permitted to have the same hours of operation as the billiard parlour; e) The beverage room, club or lounge shall provide food service from a kitchen facility on the premises, except that the lounge facility associated with Dooly's billiard parlour shall not be required to provide food service; f) There shall be no live entertainment in the beverage room, club or lounge and any recorded music must not be detectable outside the mall building; except that the lounge facility associated with Dooly's billiard parlour shall be permitted limited live entertainment including karaoke and one - man bands; g) That the rear doors to the decks associated with Dooly's billiard parlour remain closed at all times, and that the exterior door from the lounge facility be used only as an emergency exit; h) That there be no licensing of the decks associated with Dooly's billiard parlour, and that there be no seating or food or beverage service permitted on the decks at any time; and .: Planning Advisory Committee March 28, 2008 Page 3 i) That no music be played on the decks associated with Dooly's billiard parlour and that no music be audible from the exterior of the building; Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -074 169 DATE: MARCH 20, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 25, 2008 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: 502413 N.B. Ltd. ( Dooly's) Name of Owner: Crombie Developments Ltd. Location: 120 McDonald Street (Loch Lomond Mall) PID: 322891, 345124, 55032411, 55032403, 55032395, 347120 and 55065197 Municipal Plan: District Centre Zoning: "SC -2" Shopping Centre Proposal: To establish a separately - licensed lounge area within the existing space occupied by Dooly's billiard parlour Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee with respect to the proposed Section 39 amendment. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 31, 2008. 170 502413 N.B. Ltd. (Dooly's) Page 2 120 McDonald Street (Loch Lomond Mall) March 20, 2008 STAFF RECOMMENDATION TO COMMITTEE: That the requested amendment to the Section 39 conditions be denied. BACKGROUND: This application was scheduled to be considered by the Planning Advisory Committee on November 9, 2007, but was withdrawn by the application prior to the meeting. The application has now been re- submitted, and the recommendation to the Planning Advisory Committee and Common Council remains unchanged. Dooly's was first established at Loch Lomond Mall in 1996 as a lounge. At that time it was located on the front of the mall facing McDonald Street (between Wal -mart and Shoppers Drug Mart) in the space that had been previously occupied by the Happy Buddha Buffet restaurant. The original location is now a portion of the area occupied by Exxon Mobil. The establishment's location in that part of the mall was in conformity with the "SC" Shopping Centre zone's minimum separation requirement for lounges from schools, churches, residential zones and other lounges. Since a lounge (defined in the Zoning By -law as any establishment that holds a Lounge liquor licence) is a permitted use in the "SC" Shopping Centre zone, subject only to the minimum separation requirements, there were no Planning Advisory Committee or Council approvals required. The following year (1997), Dooly's decided to switch from a Lounge licence to a Special Facility licence. It was around this same time (early to mid- 1990s) that the Province had expanded its eligibility requirements with respect to Special Facility liquor licences to include establishments such as bowling alleys and billiard parlours. Special Facility licences had previously been applicable primarily to facilities such as theatres, convention centres, golf courses and major sporting facilities (e.g. Harbour Station). The advantage to Dooly's of switching licences was that a Special Facility licence would permit persons under the age of 19 to be on the premises without an accompanying adult. The proposed change in liquor licence category meant that the establishment would no longer be considered to be a lounge as defined by the Zoning By -law. Under the by -law's provisions, Dooly's proposal constituted a "change of use" from a lounge to an amusement place. An amusementplace, while not subject to the separation requirements applicable to lounges, is a conditional use in the "SC" Shopping Centre zone and, therefore, the Planning Advisory Committee's consideration of terms and conditions was required. On April 8, 1997, Dooly's conditional use application was considered by the Committee. The Committee resolved to impose no terms and conditions upon the establishment and operation of an amusement place (billiard parlour) at 120 McDonald Street (Loch Lomond Mall). 171 502413 N.B. Ltd. (Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 3 March 20, 2008 The mall was rezoned from "SU Shopping Centre to a newly- created "SC -2" Shopping Centre zone on May 3, 1999, subject to the following Section 39 conditions: a) The subject property (Loch Lomond Mall) will only ever have one facility with a beverage room, club or lounge licence at any one time. b) The size of the beverage room, club or lounge shall be limited to a maximum capacity of 60 persons. C) The beverage room, club or lounge entrance shall be from within the mall, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law. d) The hours of the beverage room, club or lounge shall be limited to normal mall operating hours of 9:30 a.m. to 10:00 p.m. e) The beverage room, club or lounge shall provide food service from a kitchen facility on the premises. f) There shall be no live entertainment in the beverage room, club or lounge and any recorded music must not be detectable outside the mall building. The purpose of the 1999 rezoning was to permit a then - existing restaurant, Pizzano's Pizza, to obtain a Lounge liquor licence for a portion of its premises, in addition to its long - existing Dining Room licence. The rezoning to "SC -2" was necessary because, unlike Dooly's original location, Pizzano's location at the rear and near the south end of the mall did not meet the "SU zone's minimum separation requirement of 90 metres (300 feet) from the residential area on Virginia Street and Bellevue Avenue. The Planning Advisory Committee had not recommended approval of the rezoning. Subsequently, in July of 2002, Council amended condition (a) to read as follows: a) The subject property (Loch Lomond Mall) will only ever have a maximum of two facilities with a beverage room, club or lounge licence at any one time. The 2002 amendment was adopted in order to permit another restaurant in the mall (Yorgo's) to have a secondary Lounge area in conjunction with the main use as an eating establishment. All other conditions, however, remained in effect with no changes. The Committee did recommend approval of this proposal. In October of 2005, possibly as a result of the gradual shift in the nature of the mall from retail to more of an office /call centre complex, Dooly's was relocated from the front of the building to its present location at the rear of the mall directly adjacent to Pizzano's Pizza. As there had been no conditions imposed in 1997 on the establishment and operation of an amusement place (such as a limitation on the specific location within the mall), a building permit for this change in location was approved. Nevertheless, staff expressed written concerns at the time to the mall management that the new location was closer to the residential area and that, while not required by any 172 502413 N.B. Ltd. (Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 4 March 20, 2008 conditions, it was understood that the billiard parlour's exterior doors on the west side of the building would not become regular public entrances but, rather, would be used only for access between the billiard parlour and outdoor smoking area as well as for emergency exiting. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed Section 39 Amendments. Building and Technical Services previously indicated that there was no objection to this application. Saint John Transit advises that it offers frequent service along McDonald Street to the Loch Lomond Mall. The application does not cause any concern, either as transit providers or as a neighbour of this location. Fire Department has no objection to this application and the request for a second licensed lounge from within the existing facility; however, the Saint John Fire Department provides that the placement of additional vending machines must not interfere with access and egress paths (for both primary and secondary exits). Saint John Police Force has indicated that, given the current status of the lounge, the Department has had no significant calls for service to this business. A check was conducted on their systems dating back to 2006. With any lounge that has the capacity to serve alcohol until 0200 hours comes the prospect of additional calls for service; however, it is hard to predict the future and police will respond appropriately if this is the case. N.B. Department of Public Health and Wellness previously indicated that there was no objection to this application. School District 8 has been advised of this application. ANALYSIS: Site and Neighbourhood The Loch Lomond Mall is located in East Saint John at the intersection of Loch Lomond Road and McDonald Streets. This enclosed mall is the commercial anchor of the designated East Saint John District Centre, which also includes Simonds Middle School, Loch Lomond Villa, and a variety of individual commercial uses at or near the intersection of Loch Lomond and McDonald. To the north, west and south of this centre is the East Saint John residential neighbourhood. To 173 502413 N.B. Ltd. (Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 5 March 20, 2008 the east and southeast is the edge of a major industrial area extending to the Irving Oil refinery and southward towards Grandview Avenue. The mall occupies a large property extending along the west side of McDonald Street, from Loch Lomond Road to Park Avenue. The total gross leasable area of the mall is over 230,000 square feet. Over the past number of years the proportion of the mall devoted to traditional retail sales and services has declined, with a corresponding increase in office space. Dooly's is located on the back side of the mall and, despite the concerns expressed by staff to mall management at the time of its relocation, it appears that the exterior doors leading directly into the billiard parlour have become the main public access to the establishment. Since no conditions were imposed upon the operation of a billiard parlour in 1997, this arrangement is permitted. Proposal The applicant has requested that the Section 39 conditions applicable to the subject property be amended in order to permit a portion of its existing establishment to be licensed as a Lounge. When Dooly's relocated to its present location in the mall in 2005, the renovations included a "sports bar" section that is currently part of its Special Facility licensed area. The sports bar section occupies approximately one -third (1,812 square feet) of the total 5,437- square -foot establishment. At the time of relocation the applicant made inquiries about obtaining a separate Lounge licence for the sports bar section, but was advised that the licence could not be approved due to the Section 39 conditions applicable to lounges. Specifically, the number of lounges was already at the maximum of two (i.e. Pizzano's and Yorgo's) and the applicant's proposal did not meet the other requirements, including operation in conjunction with a restaurant. Recently, Pizzano's Pizza closed and, consequently, there is now only one lounge in the mall. Now that Pizzano's is closed a new Lounge licence would be permitted by the Section 39 conditions. However, Dooly's does not wish to be required to serve food or that the Lounge be required to close at 10:00 p.m. The applicant also wishes to be able to provide entertainment in the form of karaoke and "light live entertainment" (such as one -man bands). The applicant argues that this would all be allowed now under their Special Facility licence, so there would be no significant change. In response to staff s inquiry as to why the separate licence is necessary, the applicant has indicated that the main advantage of the separate licence would be the ability to have a total of ten video lottery terminals (VLTs) — five in each licensed area. This would not result in an overall increase in the number of VLTs in the mall because the five new machines would be replacing the five machines that Pizzano's had in its establishment. As a result, Dooly's has requested that the Section 39 conditions (see Background be amended by: 174 502413 N.B. Ltd. (Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 6 March 20, 2008 changing condition (d) to permit the proposed Lounge to have the same hours as the billiard parlour (i.e. to be allowed to serve alcohol until 2:00 a.m. and be open until 2:30 a.m., as permitted by the regulations under the Liquor Control Act.)' deleting condition (e) with respect to the serving of food from a kitchen facility located on the premises. The applicant has indicated that he would have no objection to a requirement that the lounge is always operated as a secondary use to a billiard parlour; • changing condition (f) to permit limited entertainment including karaoke and one -man bands. With respect to condition (c) (prohibition of direct entrance from outdoors), the application that was submitted does not request any change to this condition. While the attached floor plan shows a separate exterior entrance and small outdoor seating area for the sports bar section, the applicant has indicated that this would be converted to an emergency exit only. However, the other entrance and larger deck area would remain in place as part of the Special Facility licensed area. Proposed Section 39 Amendment The subject site was rezoned in 1999 to permit a small lounge with no separation requirement from the residential area on the basis that it would be operated in conjunction with a restaurant only, it would not be open late, and it would only be accessed from within the mall. The amendment to permit a second lounge in 2002 was approved on the same basis and subject to the same restrictions. The concern has always been the proximity to the residential area, not just due to the linear distance but also because the accesses to the mall's parking areas include residential neighbourhood streets. The applicant's proposal is a significant departure from the original basis upon which Council's decision to allow a lounge at Loch Lomond Mall was based. At the same time, however, the original concerns remain the same. In fact, according to input received by staff from neighbouring property owners, even the existing billiard parlour with its Special Facility licence has resulted in nuisance problems since relocating and having its main doors and outdoor deck on the back of the mall. In hindsight, it is unfortunate that conditions, including restriction of the location within the mall, were not recommended and imposed on the establishment of an amusement place (billiard parlour) in 1997. At that time, however, it was not anticipated that Dooly's would ever relocate to the other side of the mall and so the possibility and need for any conditions was not considered. The applicant has expressed the opinion that the proposed change would not alter the impact of his establishment because, with the Special Facility licence, it is already permitted to be open late, 1 Actually, the applicant indicates that the billiard parlour is rarely open that late and he would agree to shut down the lounge area at the same time as the billiard parlour closes. 175 502413 N.B. Ltd. (Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 7 March 20, 2008 is eligible for an entertainment licence and does not require a restaurant facility. There is some merit to this argument, but there remains the possibility that the proposed splitting of the billiard parlour into separate licences would increase the intensity of the use. This could result in the potential for even more issues for the nearby residential area. Approval of the application is not recommended. SKH Project No. 08 -074 176 S7,6- 4 SZ6 IL- 4 Subject Site/site en question: Location: 120 rue McDonald Street Date: March 12, 2008 Scale/6chelle: Not to scale/Pas a I'6chelle L U 12 00, _J - 'Lgl JD 0 Qx PID(s)/NIP(s): 00322891 00345124 55032411 55032403 55032395 00347120 55065197 hAM L U 12 00, _J - 'Lgl JD 0 Qx PID(s)/NIP(s): 00322891 00345124 55032411 55032403 55032395 00347120 55065197 ti March 19, 2008 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 RE: Proposed Lounge 120 McDonald Street ( Loch Lomond Mall) Dear Sir: Please be advised my wife and I are against a proposed amendment to the Section 39 conditions to permit a separate lounge at Dooly's Billiard Parlour in the Loch Lomond Mall. Another lounge would only add to the problems that already exist for area residents. Since Dooly's relocated to the back of the mall facing the residential area in 2005 there has been noise due to drinking and music on their outside deck and increased traffic late at night. Dooly's proposed lounge is quite different than the lounge that operated previously in Pizzano's. Pizzano's lounge was a restaurant type establishment confined to inside the mall and closed at l Opm, it did not have an exterior deck and it did not have live entertainment or other noise that was detectable from the outside. Dooly's lounge will be a bar type establishment with live entertainment, access to an exterior deck and may be open until 2:30am. We do not want to see any further adverse impact on this area so we ask that you please do not approve this proposed lounge. Sincerely: Lloyd Ginn 142 Virginia St. Saint John, NB E2J 1M1 178 RE r� Application for a Zoning By -law Amendment Demande de modification a I'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Saint John Transit Commission Mailing Address of applicant / Addresse postale du demandeur 951 Fa i ry i 11 e B y Saint John N B Postal Code /Code postal E2.1 5T9 Telephone Number / Numbro de telephone (506)653-4710 Home / Domicile Fax Number/ Numbro de telecopieur (506)658-4704 Work / Travail Name of Property Owner (if different) / Nom du proprietaire (si different) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la propriete Part of Tiffany St(closed) 00319939 Location /Emplacement 55 McDonald Street 55188825 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 7.5 acres Street Frontage/ Fagade sur rue McDonald S t re e t Existing Use of Property / Utilisation actuelle de la propriete Vacant Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Low Density Residential Amendment Requested / Modification demandee Present Zoning/Zonage actuel 11I -211, "R -2 ", "R -4" and unzoned former street Change Zoning to / Modification du zonage a "US", Utility Service and/or / ou Ik Text Amendment (indicate particulars) / Modification due texte (indiquez les details) To facilitate the construction of a new Saint John Transit Operations Complex. 179 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition New building shall be single storey (some m anin ). approximately 120,000 Sq f+ in area. Mainly consisting of offices and bus maintenance area. Building shall meet Leed Standards to Silver Level. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The 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. Vous devez fournir un plan du site a Pechelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriete, 1'emplacement de la totalite des bdaments, des allees, des sires de stationnement, des amenagements paysagers et des panneaux de signalisation. R est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. Site was selected based upon strategic location, efforts were made to acquire maximum land area. Proposed building/operations are essential and may require some amendments /variances. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Proposed complex is state of the art, designed by Architects 2000 for 50 years of functional life. Architect and sub - consultants have made every effort to comply with applicable by -laws Signature of Applicant / Signature du demandeur Date February 14, 2008 IN 5400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere oit examinee par le conseil communal. Signature of Owner (if applicable) Signature due propri&aire (s'il y a lieu) Date: Fpbruar714. 2008 :m GVON ONOW01 H,-)O-1 LU O SY II Al ;4 Fm- ..0 I I hill 181 LU O SY II Al ;4 Fm- ..0 X 'a, J.A *` all �r gills M, SO L. cc c C AW ■ cc .0 el I C I i i - ---- - - - - -- - - � I I rrsrrrrsr�r rsrssr fit Jill$ I j`_� ON i'! a r {�r�ta a 'a � � r 3 r s pig D 7!'� f --------- - - - -j— — I I I --- - - - - -- -i- - I ------ - - - - -- - I I I I I r �� �s� ��� i err• °�'i�£' t I+ , am PROPOSED ZONING BY -LAW AMENDMENT RE: 55 McDONALD 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, March 31, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, from "I -2" Heavy Industrial, "R -2" One and Two Family Residential, 11114" Four Family Residential and unzoned former street area to "US" Utility and Service, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of an operations complex for Saint John Transit. 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 55, RUE McDONALD 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 Farrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 31 mars 2008A19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 3 hectares, situee au 55, rue McDonald, et portant les NID 55188825 et 00319939, et faisant egalement 1'ancienne rue Tiffany, de zone d'industrie lourde « I -2 >>, zone residentielle — habitations unifamiliales et bifamiliales <<R -2», zone residentielle — habitations de quatre logements <<R -4» et rue non zonee a zone de services publiques << US >>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre Famenagement d'un complexe d'operations pour Saint John Transit. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du developpement a 116tel 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 Pattention du soussigne a 116te1 de ville. J. Patrick Woods, Greffier communal 658 -2862 185 PROPOSED ZONING BY -LAW AMENDMENT RE: 55 McDONALD 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, March 31, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, from 4-2" Heavy Industrial, 1111-2" One and Two Family Residential, "R -4" Four Family Residential and unzoned former street area to "US" Utility and Service, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of an operations complex for Saint John Transit. 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 maybe sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 55, RUE McDONALD 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 Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra Bans la salle du conseil le lundi 31 mars 2008 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 3 hectares, situde au 55, rue McDonald, et portant les NID 55188825 et 00319939, et faisant egalement Pancienne rue Tiffany, de zone d'industrie lourde « I -2 >>, zone residentielle — habitations unifamiliales et bifamiliales <<R -2», zone residentielle — habitations de quatre logements <<R -4» et rue non zonee a zone de services publiques « US >>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre 1'amenagement d'un complexe d'op6rations pour Saint John Transit. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a Fh6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feri6s. Veuillez faire parvenir vos objections au projet de modification par ecrit a Fattention du soussigne a Fh6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 187 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 4, 2008 Tuesday, March 25, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 :• 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: 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 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, from "I -2" Heavy Industrial, "R -2" One and Two Family Residential, "R -4" Four Family Residential and unzoned former street area to "US" Utility and Service - 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. 2008 and signed by: Mayor/Maire ARRETE N" C.P. 110 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 3 hectares, situee au 55, rue McDonald, et portant les NID 55188825 et 00319939, et faisant egalement Fancienne rue Tiffany, de zone d'industrie lourde << I- 2 >>, zone residentielle — habitations unifamiliales et bifamiliales <<R -2», zone residentielle — habitations de quatre logements <<R -4» et rue non zone a zone de services publiques << US - 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 arrete le 2008, avec les signatures suivantes Common Clerk/ Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture March 26, 2008 Your Worship and Councillors: SUBJECT: Proposed Rezoning 55 McDonald Street On March 3, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 25, 2008 meeting. Mr. Frank McCarey, General Manager of Saint John Transit, attended the meeting and addressed the Committee in support of the proposal. Mr. McCarey expressed agreement with the staff recommendation and, with his engineering consultant, responded to the concerns raised at the meeting. Mr. Bob Manning, representing East Side Dental (234 Loch Lomond Road) and Mr. Dennis Driscoll of 9 Ridge Street, addressed the Committee with concerns regarding the proposal. Both speakers indicated they were not opposed to the proposed rezoning and development of a transit facility at this location. However, they did express concerns with regard to the details of the development including the proposed variances for lot coverage, reduced parking and reduced landscaped parking setback from McDonald Street; the potential traffic impact of the development; the lack of details for reconstruction of Tiffany Street; the need for traffic lights and improved sight lines at the Loch Lomond /Tiffany Street intersection; the impact of bus exhaust on air quality; and the extensive excavation of the property that has occurred to date. Mr. Manning also expressed concerns about the current process followed by the City with respect to public notification of a proposed street closing by -law. Finally, the speakers expressed the opinion that a traffic impact study should be undertaken. No letters were received concerning the proposal. After considering the report and presentations, the Committee decided to adopt the staff recommendation, including the granting of the four requested variances. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 191 Planning Advisory Committee March 28, 2008 Page 2 55188825 and 00319939, as well as the former Tiffany Street, from "1-2" Heavy Industrial, "R -2" One and Two Family Residential, "R -4" Four Family Residential and unzoned former street area to "US" Utility and Service. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, is subject to the following terms and conditions: a) The use of the rezoned area is limited to an operations complex for Saint John Transit; b) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; c) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) The developer must provide all utilities underground, including power and telephone from the terminus of the existing overhead facilities; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, and the required landscaping must extend onto the City street right -of -way to the edge of the street curb; f) Access to the site is limited to a maximum of two driveways on McDonald Street, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate. There shall be no access to the site from Tiffany Street or Loch Lomond Road; g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; h) The approved plans mentioned in conditions (c) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; 192 Planning Advisory Committee March 28, 2008 Page 3 i) All site improvements shown on the approved site plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman RGP /r Attachments Project No. 08 -094 193 DATE: MARCH 20, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 25, 2008 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Saint John Transit Commission Name of Owner: Saint John Transit Commission and City of Saint John Location: 55 McDonald Street PID: 55188825, 319939 and a portion of Tiffany Street (closed) Municipal Plan: District Centre Zoning: Existing: "I -2" Heavy Industrial, "R -2" One and Two Family Residential, "R -4" Four Family Residential and unzoned former street area Proposed: "US" Utility and Service Proposal: To develop an operations complex for Saint John Transit Type of Application: Rezoning and Variances, as follows: a) variance to permit a lot occupancy of 35% of the lot area, whereas the Zoning By -law permits a maximum lot occupancy of 20 %; 194 Saint John Transit Commission 55 McDonald Street Page 2 March 20, 2008 b) variance to permit the development with 85 off - street parking spaces, whereas the Zoning By -law requires a minimum of 140 spaces, based on the total building area; c) variance to permit driveway widths of 12.5 metres (41 feet), whereas the Zoning By -law permits a maximum width of 11 metres (36 feet); d) variance to permit a reduced landscaped parking setback of 4 metres (13 feet) for portions of the parking area adjacent to McDonald Street, whereas the Zoning By -law requires a minimum landscaped setback of 7.5 metres (24.6 feet). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 31, 2008. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, from "1-2" Heavy Industrial, "R -2" One and Two Family Residential, "R -4" Four Family Residential and unzoned former street area to "US" Utility and Service. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Nos. 55188825 and 00319939, as well as the former Tiffany Street, is subject to the following terms and conditions: a) The use of the rezoned area is limited to an operations complex for Saint John Transit; 195 Saint John Transit Commission 55 McDonald Street Page 3 March 20, 2008 b) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; c) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) The developer must provide all utilities underground, including power and telephone from the terminus of the existing overhead facilities; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, and the required landscaping must extend onto the City street right -of -way to the edge of the street curb; f) Access to the site is limited to a maximum of two driveways on McDonald Street, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate. There shall be no access to the site from Tiffany Street or Loch Lomond Road; g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; h) The approved plans mentioned in conditions (c) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; i) All site improvements shown on the approved site plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. That the Planning Advisory Committee grant the requested variances to permit the proposed development of the site with a maximum lot occupancy of 35 %, a minimum of 85 off - street parking spaces, maximum driveway widths of 12.5 metres (41 feet) and a minimum landscaped parking setback of 4 metres (13 feet) for portions of the parking area adjacent to McDonald Street, all as generally illustrated on the submitted plans. 196 Saint John Transit Commission 55 McDonald Street BACKGROUND: Page 4 March 20, 2008 On February 4, 2008, Common Council closed the portion of Tiffany Street that comprises a portion of the subject site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering provides the following comments: • There is an existing 450mm diameter storm sewer on Loch Lomond Road and an existing 375mm diameter storm sewer on McDonald Street. The developer must provide a site drainage plan indicating how storm water collection and disposal will be handled. Additionally, the developer must determine the impact this development will have on the existing storm sewer infrastructure and also ensure that this proposal does not exceed the current capacity of the existing system. • There is to be no access to and from the site on Tiffany Street. All vehicular access to /from this site will be on McDonald Street. • The developer must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. • The developer must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. • There is an existing 600mm diameter water transmission main on the southern side of Loch Lomond Road. The developer must ensure there is no water connection to this transmission main and all servicing is to be from the existing 200mm diameter water main located on the north side of Loch Lomond Road. • The developer must verify all gravity connections and clearances for the proposed water and sewer infrastructure. Building and Technical Services has no issues at this point in the process. Saint John Energy advises that it does not have overhead or underground facilities on McDonald Street. The street lights are the only facilities on McDonald Street. However, Saint John Energy does have overhead facilities on Loch Lomond Road. An extension of facilities may be required to service the lots. All costs will be dealt with the developer at such a time when they are requested. Aliant Telecom advises that it will work jointly with the developer and Saint John Energy as this development transpires. It should be noted that Aliant has no facilities available from McDonald Street and services will have to be supplied via Tiffany Street. Maritimes & Northeast Pipeline has no objection to the proposal. 197 Saint John Transit Commission 55 McDonald Street Enbridge Gas N.B. has been advised of the proposal. Page 5 March 20, 2008 Fire Department advises that there is no objection to the proposal provided that all of the code requirements within the National Building and Fire Codes are adhered to. The final code requirements will be dependent on the final plans review (subject to N. B. Department of Public Safety, Technical Inspections Division). School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is an approximately 3- hectare (71/2-acre) parcel of vacant land located near the intersection of McDonald Street and Loch Lomond Mall in East Saint John. The attached map shows the location of the site, which is on the edge of the designated District Centre for East Saint John, anchored by Loch Lomond Road on the opposite side of McDonald Street. The area to the north of the site is a primarily residential neighbourhood of one and two - family dwellings and row houses, extending to the north of Loch Lomond Road toward Ellerdale Street. The site has a frontage of approximately 167 metres (550 feet) on McDonald Street and a frontage of approximately 125 metres (410 feet) on Loch Lomond Road. The site also abuts the end of Tiffany Street. The immediately adjoining properties consist of a building at the Loch Lomond/McDonald intersection containing two small lounges, a dental clinic at the Loch Lomond /Tiffany intersection, and five dwellings along the south side of Loch Lomond Road, east the east of Tiffany Street. To the south and east of the site is a large undeveloped parcel of land (zoned "1-2" Heavy Industrial) that extends toward the Irving Oil refinery. Proposal The applicant has submitted the attached proposal to construct a transit operations depot on the subject site. The proposed building has a total floor area of approximately 11,148 square metres (120,000 square feet) all on one level, except for some mezzanine area. The activities will include administrative offices, bus maintenance area and garage area. There will also be a fenced outdoor storage compound in the extreme eastern portion of the property. The balance of the property will contain parking areas and landscaped areas. The applicant indicates that the building will meet LEED standards to the silver level. It should be noted that the attached plans are preliminary in nature and show an entrance to the site from the end of Tiffany Street. Further site investigations by the applicant have determined that this access will not be constructed due to the grade difference once the site is re- graded for the building and parking area. Saint John Transit Commission 55 McDonald Street Page 6 March 20, 2008 The great majority of the subject site is currently zoned "1-2" Heavy Industrial, which already permits the proposed development. However, other portions of the site are currently zoned "R -2" One and Two Family Residential and "R -4" Four Family Residential, as well as the unzoned former street area of Tiffany Street, which was closed by Common Council earlier this winter. The applicant has requested that the entire site be rezoned to "US" Utility and Service, a more restrictive zone than the existing "1-2" Heavy Industrial zoning of the majority of the site. In addition to the proposed rezoning, consideration of variances from the requirements of the Zoning By -law is required, including the following: • variance to permit a lot occupancy of 35% of the lot area, whereas the By -law permits a maximum lot occupancy of 20 %; • variance to permit the development with 85 off - street parking spaces, whereas the Zoning By -law requires a minimum of 140 spaces, based on the building area. (It should be noted that approximately half of the building area actually consists of bus storage and, therefore, in reality does not generate as much of a parking requirement as would be suggested by the By -law standard). • variance to permit driveway widths of 12.5 metres (41 feet), whereas the Zoning By -law permits a maximum width of 11 metres (36 feet); • variance to permit a reduced landscaped parking setback of 4 metres (13 feet) for portions of the parking area adjacent to McDonald Street, whereas the Zoning By -law requires a minimum landscaped setback of 7.5 metres (24.6 feet). Proposed Rezoning As noted above, the subject site lies on the edge of the District Centre Municipal Plan designation for East Saint John. District Centre areas are envisaged to be the commercial centres for their surrounding area and can also include institutional, governmental and higher- density residential uses. The proposed use of the subject site as a transit operations centre can be considered compatible with such an area. The Zoning By -law contains provisions for landscaped setbacks from the adjoining residentially -zoned properties on Loch Lomond Road and Tiffany Street that will need to be adhered to. The plans indicate a minimum of approximately 7.5 metres (24.6 feet) will be provided in this regard. The site's location and access on McDonald Street orients the activities to this four -lane thoroughfare, which is classed as a collector road. The applicant indicates that most of the bus traffic will occur well outside of peak traffic times in the morning and evening and should not greatly impact the traffic capacities of the area street system, including the Loch Lomond and Mount Pleasant arterials. Nevertheless, the situation should be monitored closely by Municipal Operations & Engineering for possible infrastructure improvements in the future. Due to ongoing increases in traffic due to general growth, such improvements may be required regardless of whether or not the transit depot is developed at this location. 199 Saint John Transit Commission 55 McDonald Street Page 7 March 20, 2008 While a portion of the site is proposed to be rezoned from a residential category, the majority would be removed from the more intensive "1-2" Heavy Industrial zone, which permits a wide range of heavy industrial uses. The proposed "US" Utility and Service zoning is more appropriate for the site and surrounding area than the existing heavy industrial classification, and is supported. Site Servicing and Drainage As noted by Municipal Operations and Engineering, City water, sanitary and storm sewers are available. It is the responsibility of the developer to ensure that grades, capacities and pressures are sufficient for the proposed development. Detailed servicing and drainage plans will be required. With regard to power and telephone utilities, it has been noted that there are no facilities on McDonald Street. The applicant has proposed to bring these in from Loch Lomond Road via Tiffany Street, which currently has an overhead pole line that serviced the former four - family residential property that is now part of the subject site. The extension of facilities from the terminus of the pole line will be in the form of underground conduits. Site Development and Proposed Variances The attached conceptual plans suggest a high quality development, built to modern -day standards for urban commercial areas, with defined driveway access, asphalt parking areas, concrete curbing, underground wiring, quality building finishes and attractive street presentation, as well as landscaping of all disturbed areas of the site. In order to ensure that the final development is of a high quality it is recommended that Section 39 conditions incorporate the normal site development requirements that are imposed on such projects. This would include submission of detailed site and building elevation plans to the Development Officer for approval. Particular attention should be given to the treatment of the edges of the site that abut the properties fronting on Loch Lomond Road as well as the treatment of the area at the new terminus of Tiffany Street. The overall site development is in compliance with the "US" Utility and Service zone standards, except for the overall lot occupancy, number of off - street parking spaces, proposed driveway widths and the landscaped parking setback along a portion of the McDonald Street frontage. The developer has requested the approval of variances from these requirements in order to permit the development as proposed. The most significant variance is for lot occupancy (i.e. that portion of the site covered by the building(s). In the "US" Utility and Service zone a maximum occupancy of 20 percent of the lot area is permitted. The applicant is proposing that the development have a lot occupancy of approximately 35 percent, which is almost twice the By -law standard. The applicant indicates that, when the original property acquisition was being negotiated and finalized, the anticipated size of the building was only 80,000 square feet. The amount of land purchased from the previous landowner was finalized on this basis. However, as a result of the ongoing refinement of the 200 Saint John Transit Commission 55 McDonald Street Page 8 March 20, 2008 Commission's needs since that time, the size has increased to the current proposal for a 120,000 - square -foot building, with no additional land acquisition. While an option would be to attempt to negotiate with the neighbouring property -owner to obtain additional lands for incorporation into the subject site, it should be noted that the existing "1-2" Heavy Industrial zoning of the majority of the property (which also permits the proposal as well as a large number of heavy industrial uses) actually would allow for a maximum lot occupancy of 60 percent of the lot area. The proposed 35% lot occupancy, when considered in this context, is much more appropriate for the area. Moreover, except for the reduced landscaped setback of the parking adjacent to McDonald Street, all required landscaped setbacks from surrounding properties will be provided by the development. The other variances can also be recommended. Those dealing with parking and driveway width relate directly to the proposed use of the property as a transit depot, where a large proportion of the floor space is essentially parking in itself. The additional 1.5 metres (5 feet) in driveway widths is appropriate given the large size of the vehicles that will be utilizing these entrances. The reduction of the required 7.5 metres (24.6 feet) of landscaping between the front parking area and the street to 4 metres (13 feet) occurs only on a portion of the McDonald Street frontage and is compensated by increased landscaping in other areas along McDonald Street. CONCLUSION: The subject site is located on the edge of the East Saint John District Centre. The proposed amendment to the Zoning By -law to permit a transit operations centre can be supported. Section 39 conditions, consistent with those imposed on other new developments in the fully- serviced urban areas of the City, are recommended with respect site development requirements. The recommendation will require submission of detailed plans in this regard for the review and approval of the City. Approval of the proposed rezoning and variances, with the conditions as set out, can be recommended. RGP /r Project No. 08 -094 201 1� PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT -2 S. y I u� O�� e4 v' • O• f MA A ffA 1A I I Loch Lomond Villa Z6, A V 1 •` Loch Lomond Mall SC -2 - Subject Site /site en question: 1//Z:Z3 Location: 55, rue McDonald Street Date: March 4 mars 2008 Scale /echelle: Not to scale /Pas a 1'echelle 202 -1 en. LotM�ro 111 ?^•,��,•, • ,�, 2 •'� PID(s) /NIP(s): 55188825 00319939 Former /ancienne rue Tiffany St \/ <& \� \ 203 \ ° .� s % i., \/ <& \� \ 203 \ ° .� s 204 J 1n Al R A A A a 0 A a 0 0 a 0 0 dNNb 1 O / Ny o 1332115 3dd117�7021 - % - I � q A / I ❑ Cl o, o Z 1332115 394 R1 1- � � i �. A 1332115 QlHN047W . z a 0 �+ o 204 02119i2U,16 13:14 1 PLANNING AND n-V ELi7F PAGE 02!03 ' x Application for a Municipal flan and Zoning By -law Amendment Demande de modification au plan municipal et a Parreti sur le nonage Applicant Related Information / Ren,Pei gnements sur le demandeur Name of Applicant / Nam du demandeur t,a / � r is Ato Sa ` ve? e 10C Mailing Address of applicant i ddresse postal`e du demandeur PO 46OX a? � Postal Code, Code postal Telephone Number / NU r6ro de tdltphone Horne I Domicile ��J ^ �1 � — / � � � Work ! TraVAil IY l �� � � � Fax Number / Numdro de tdlecopieur 7 0 3 r_455 T -705; O? Name of Property Owner (if different) / Nom du proprietaire (si different) �% a'r� z Address i Adresse,�r! _4_6 _6 _ — Postal Cod— cC ode postal: 7-3 k -3 vie Property Information / Renseignjenaents sur In pro 660 / , Location i Emplacement y Q S� _ r r�p�— 7 Ii Civic # /No do voirie Street / Rue P1D i NIPL Lot Area / Superficle du lot � C �Q re S Street Frontage Fagade sur rue Existing Use of Property / Utilisatior actueile de la proprim� Present Municipal Plan hand Use Designation Designation actuel de utilization des terns sur le plan mu6cipai Present Zoning / Z.onage sctuel , �cp Amendments Requested / Modifications demandbes Municipal Plan / Plan municipal t__6>targe land Use Designation to i Modifier is designation de l'utilisation des terres a Qo'rcvecl Heavy l r�ciu;3tr i c. and /or / ou @'`.text Amendment (indicate particulars on attachment) /Modification du texte (irdiquez Its details en annexe) Z By -law/ Arrete sur le Zonagc Change Zoning to /Modification du zonage A ec%cad Zone. / and /or / ou"' LV Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) K9191 02/13/2403 13:14 1 PLANNING AND DEVELOP PAGE 03/03 Development Proposal / Proposition d'amenagement Description of Proposal i Description de la proposition L Cjoi! / S X,7 C &G( You must provide a scaled site plan that illustrates your proposal. You may alsc provide photographs, building plans, elevation drawings and any other form of information r'he site plan must show the dimensions of the property, the location of'oll buildings, driveways, parking areas, landscaping and signs- It is important that the distance between the property boundary and buildings are shown. Vous deves fourm'r un plan du site a l'echelle ;llusirant votre proposition. Vous pouvez igalement fournir des photograph tes, des plans de bdumenr, des dessins de plan d'41&ation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la nroprir td, l'emplacement de la rotalite des b6limem s, des allees, des aires de stalionnement, des aminagements paysagers et de.s panneaux de signalisation. 11 esi important d'lndiquer la distance enire les limiter de la propri¢ti et lea b6timents. Provide reasons why these amendments should be approved. I Fournir les raisons pour les quelles lea modifications devraient l;treouvEes. Provide any other information about your proposal that would be helpful. / Fournir tout autre tenseignemezt conccrnant votre proposition 111L i pourrait We utile, I. Signature of Applicant i Signature du demandeur — Datc V1$400 Application Fee Enclosed' Ci•jvir.t les frais de demande de 400 S Ifyou are not the owner of the land in question Si vous n'etes pas ie proprietaire du terrain err question, please have the owner sign below, The signature of veuillez obtenir la signature du proprietaire dans la pertie the c wner authorizing this application to proceed is ci- dessous, La signature du proprietaire autorisant le rea, aired for consideration by Common Council traitement de la prisente demande csr requtse pour que Celle derniAre soil examinir par le conscil communal. Signature of Owner (it' applicabic} Signature du proprietaire (s'if y a lieu) Date 4911 -1 Appendix #1 - GO PARTS AUTO SALVAGE INC. Crane Mountain's Saint John Facility 1 0 1 e e t w i d c Crashing Crashing Area Pad 61 7 8 9 Salvage Yard - 10 acres - 200 -300 vehicles Waste Bins Each sector - 9 vehicles (yard layout may be different) 4A 4B 4C 4D 4E 4F 4G 4H 3A 3B 3C 3D 3E 3F 3G 3H 2A 2B 2C 2D 2E 2F 2G 2H 1A 1B 1C 1D Parts Storage 50 x 30 Shipping Department 50 x 30 Office 50 x 25 Yard Gate Width — 60 feet S I S I 1E 1F 1G 1H Yard Fence I(.e S Entrance Gate du Width - 60 feet O Public Parking #1 Entrance 30 vehicles 1 60 feet 1' Annr. 90x 40 S Kitt WC I 0 Employees Parking Lounge 30 x 15 �- t' t Dismantling Workshop 100x50 w i d C Public Parking #2 50 vehicles Appr. 150 x 30 -20 Acamac Backland Road Appendix 2 - GO PARTS AUTO SALVAGE INC. Crane Mountain's Saint John Facility Proposed Business Facility for PID 295485 on Acamac Backland Road, Saint John Office, Commercial, Industrial Buildings and Salvage Yard Total Property Size — 66.6 acres Employees Lounge with handicap access, kitchen, 2 washrooms and showers K91-13 Shipping Department and Parts Storage Warehouse — size 60 x 40 (approximate view) Shipping Department and Parts Storage Warehouse — size 60 x 40 (approximate view) Kole.] F07, Shipping Department and Parts Storage Warehouse — size 60 x 40 (approximate view) 4191 Dismantling Workshop — 100 x 40 (approximate view) 211 Dismantling Workshop — 100 x 40 (approximate view) Dismantling Workshop — 100 x 40 (approximate view) ON Appendix #3 GO PARTS AUTO SALVAGE INC. Crane Mountain's Saint John Facility Proposed Business Facility for PID 295385 on Acamac Backland Road, Saint John Total Property Sire — 66.6 acres Business Occupied Territory — up to 10 acres Description of the property / Access Proposed business facility is a complex of a salvage yard and a few commercial; industrial buildings. The business will be specializing in used auto and truck parts sales and automotive recycling. Facility will be located on and facing the Acamac Backland Road just Off the Ilighvvay 7 and Martinon Bypass passing by the Crane Mountain City Landfill. Its street frontage is approximately 718 feet. The public entrance will be allocated on its frontage approximately 150 legit from its north property line. The entrance width will be approxinately 60 feet. The front area of the facility will be occupied by 2 public parking lots sized almost 300 feet long and 60 to 40 feet wide, separated by a 60 feet wick drivc way going through into the yard, degrading in accordance with the property line lacing the Acamac Backland Road. Utility / City Services Access Utility access will be arranged through the main entrance as well as on both sides of the business lacility. Also. the utility access can be easily allocated at the south and west sides of the lacility where the property PID 295485 will not be occupied by the facility. the cntirc property is freely accessible from Acamac Backland Road on its frontage. For more detailed information about the utility access to the facility and the yard see Salvage Yard section. Buildings Office building will be located on the right (south) side of frontage of the facility with main entrance facing the public parking lot with handicap access to the building. Its dimensions are 50 feet long and 25 feet wide. Office building will be equipped with 2 nnalc; female washrooms, waiting lounge with TV, computer /Internet access and stereo /radio, and administration office space. Building will be heated and equipped with the AC. Next building physically attached to the office will be the Shipping Department with access door to the office and one door to the outside. This building will also have a single garage door with the deck /ramps for loading purposes. Its size will be 50 feet long and 30 lest widc. Building will have an office space for the shipping department. This building will he heated and air - conditioned. Parts Storage Building will be attached to the Shipping Department. Its size will he 50 lect long and 30 feet wide. It'll also have one single garage door with additional outside door. 1 191 This building will be accessible from the inside of the building to the Shipping Departn►cnt building and Office building. This building will be heated and air - conditioned. All 3 buildings will have windows and sky light windows to the outside for natural sunfigl►t. These building will be surrounded by the steel mesh fence 6 feet high except for the Irontagc of the oflicc and parking lots where there will be no lence. On the cast side ol' the ollicc building the fence will be attached to the facility entrance gate 60 feet wick and 6 lcct hip -h. To the east side of the gate it'll be connected to the outside wall ol' the Dismantling Workshop 100 feet long, 50 feet wide and 30 feet high. Around the back of the dismantling, workshop it'll be surrounded by the steel mesh fence 6 feet high. Workshop will have 3 garage doors from its sides inside the facility and 2 outside doors. This workshop will have 2 air compressors, 2 lifting hoists, and a frarne machine, as well as the workers Ioungc. Alone the inside longer sides of the building there will be storage shelves built -in and tool ho.yCS. This building will be heated and air- conditioned. At the back of the dismantling workshop it'll be attached to the small building Nard employees lounge and washrooms. This building will have a handicap access. It'll he hcatcc and air - conditioned. The above portion of the facility will be separated by the steel mesh Ic11CC and equipped with the 60 Icet wide entrance gate to the yard. Salvage Vard The salvage yard will be 300 feet wide and 500 feet long. It'll be surrounded by the 6 foot high steel fence. The salvage yard will be nicely laid out and structured by sectors, rows and columns. There will be 8 sectors wide with each sector to be 18 -20 leet wide and 30 -35 lect long and path in between the sectors to be 10 feet wide for vehicle / U-uck access. "I hcrc will be 5 -6 rows ol'thc sectors to the depth of the yard. They will be qualified as I to 10 for IZows and A to 7, for COlumns. Each sector will consist of 9 vehicles 3 x 3 witlx 3 feet gap between them for easier access. There will be main road 20 feet wide in between the colunu1s and heading to the back of' the yard splitting the yard on 2 halves. Potentially the yard can contain from 300 to 500 vehicles with fixture expansion ifneeded. All vehicles will be placed on a concrete or paved pad to eliminate the grotund oil pollution. The process of vehicle entering the yard will be laid out as such: 1. Vehicle Purchase; 2. Towed to the facility; 3. Entered into the Dismantling Workshop; 4. Drained all fluids and oils into safe containers and properly recycled; 5. F'rigines, Transmissions, Differentials and Transfer Cases to be drained. pulled out, cleaned -up, wrapped -up and placed on the indoor shelves lullomng the proper invcntorv: QE1 6. All safety cquipmcnt, such as air bags, scat belts, etc. as well as all con1putc1-s, stereos, and other electrical equipment to be pulled out and placed on the indoor shelves lollowing the proper inventory, 7. Vehicle goes out in the yard to its permanent location or into the recycling area liar a future crashing. Pollution / Noise '['lie entire salvage yard is laid out with the paving or concrete pads to protect the environment from the oil and rust pollution. All roads and driveways, as well as the parking lots are also paved and concrete covered. The floors inside the workshop, storagc and shipping department are concrete and well protected from polluting the ground. I he property IS mostly sound proof. Any noise potentially to be coming from the dismantling workshop will he suppressed by the shops walls. Any minor noise to be potentially coming off from outdoor jobs maybe ignored considering the distance to the public or communities. 1 he entire yard will be also surrounded by a 6 feet high steel fence which will reduce the noise Icvcl. The maximum ICVCI of noise to potentially come out of'the facility on the scale 1 to 10 can he ranked as 2-3) at most, and maybe be happening on rear occasions since most ol' the bray duty jobs will he done inside the workshops. Crashing / Recycling of the vehicles and other recyclable components Crashing of the vehicles "ill he done by the subcontracted crashing /recycling conipunic,, that operate crashing machines. The area where this action will be done will he located at the back of' the salvage yard in a special area on a thick paved pad of a size 60 feet lone and 60 feet wide surrounded by a temporary steel fence 10 feet high that will be taken doxwn upon completion of the crashing job. The whole crashing operation usually takes 3 -5 daN s I--' times a year depending on the vehicle quantity to be recycled. There will be 6 -10 metal recycling bins installed at the back of the yard to collect alun1inum, catalytic converters, batteries, wiring, tires, other rubber and plastics. glass, small pieces of metals, and other waste. All these bins will be sent out for further recycling on the regular bases. Fluids and oils will also be sent out for recycling by specializing companies. Employees The entire lacility will be family -owned and operated. Business will be run by a couple that has been in this business for over 5 years with diflerent companies. Potentially therc will he 2 -3 sales representatives at the office, the office manager, accountant, I -2 worl.crs in Shipping Department and Parts Storage. 2 -3 workers at the Dismantling Shop and workers in the Salvage Yard, depending on the weather conditions. Also, there will he a company -owned towing truck operated by an employee- driver that will be bringing ncwly purchased wrecked vehicles From all over the province. Yard employees will be licensed and skilled to operate the fork -lift and Bobcat machinery. 1 -2 delivery trucks with drivers v,vill be delivering parts to local businesses, shipping companies, or individual clients. OR 4 Potential Clients This business will be oriented towards the general public, small and nurjor hUSlncsSeS involved into the automotive industry, dealerships, as well as clients from all over the North America. who is able to access the company's inventory on its wchsitc or in the s:Ik Bloc industry's online system. Most of the operation is done by way of shipping /couricrin�( to the remote locations out- of- toXvn. Some percentage of local walk -in clients will he accessing the lacilitV during the working hours. Benefits to the Cite and Province This business facility will create 15 -20 I'611 -time year -round job opportunities with hi�lh wages, who in their turn wilt contribute into the provincial and city's economy bN paying taxes and spending, their wages on locally produced goods. The company itself vyill be operating on local market and will be contributing into the local ccono►ny by paying licensing fees, taxes. and levies. Also, wrecked vehicles that the company will he purchasing will be properly recycled and not just abandoned on the streets of'towns, creating ha /ard<llls objects and situations. Income that will be generated by selling used parts I'rom ychicics will be reinvested back into the city's and provincial economics. Most of the money lloNy \\111 be brought in from out -01 = province, therefore, creating a potential positive cash flow in city's and provincial economies. Local shipping companies will be severely employed to ship out to our clients. The major benefit to the city is in its environmental perspectives. 'Ihcrc mll he one more major business that will be in charge of' collecting polluting materials, recNclin(_1 them. and putting them back in use, saving the environment and natural resources. all ,i. March 12, 2008 Go Parts Auto Salvage Inc. P.O. Box 24034 Rural Post Office, Lancaster Saint John, N.B. E2M 5R8 Dear Sir: Re: 80 Crane Mountain Road Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, April 30, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee trul Patrick Woods Common Clerk JPW /jaf encl. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E24J 1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 80 CRANE MOUNTAIN ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A of the Plan, a parcel of land with an area of approximately 30 hectares, located at 80 Crane Mountain Road, also identified as being PID No. 00295485, from Rural to Approved Heavy Industrial Development, as illustrated below. 2. Add the following to the list of Approved Heavy Industrial Developments in sub- section 2.4.7.11: 440 parcel of land with an area of approximately 30 hectares, located at 80 Crane Mountain Road, also identified as being PID No. 00295485." (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 31, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit an auto wrecking and salvage yard. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 30, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 80, CHEMIN CRANE MOUNTAIN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A du plan, d'une parcelle de terrain d'une superficie d'environ 30 hectares, situ6e au 80, chemin Crane Mountain, et portant le NID 00295485, de zone rurale a zone d'amenagement approuve d'industrie lourdes comme l'indique la carte ci- dessous. 2. 1'ajout de la parcelle de terrain suivante a la liste d'am6nagements approuv6s d'industries lourdes a Falin6a 2.4.7.11 : i) une parcelle de terrain d'une superficie d'environ 30 hectares, situ6e au 80, chemin Crane Mountain, et portant le NID 00295485. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 31 mars 2008 dans la Salle du conseil de l'h6tel de ville, au niveau du hall d'entr6e. RAISON DE LA MODIFICATION: Permettre d'un commerce de demolition ou de r6cup6ration d'automobiles. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 30 avril 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement a 1'h6te1 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. J. Patrick Woods, Greffier communal 658 -2862 W -11 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 80 CRANE MOUNTAIN ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A of the Plan, a parcel of land with an area of approximately 30 hectares, located at 80 Crane Mountain Road, also identified as being PID No. 00295485, from Rural to Approved Heavy Industrial Development, as illustrated below. 2. Add the following to the list of Approved Heavy Industrial Developments in sub - section 2.4.7.11: 440 parcel of land with an area of approximately 30 hectares, located at 80 Crane Mountain Road, also identified as being PID No. 00295485." (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 31, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit an auto wrecking and salvage yard Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 30, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------ - - - - -- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 80, CHEMIN CRANE MOUNTAIN Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a 1'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A du plan, d'une parcelle de terrain d'une superficie d'environ 30 hectares, situ6e au 80, chemin Crane Mountain, et portant le NID 00295485, de zone rurale a zone d'aminagement approuvi d'industrie lourdes, comme 1'indique la carte ci- dessous. 2. 1'ajout de la parcelle de terrain suivante a la liste d'amdnagements approuv6s d'industries 16g6res A Falin6a 2.4.7.11 : i) une parcelle de terrain d'une superficie d'environ 30 hectares, situ6e au 80, chemin Crane Mountain, et portant le NID 00295485. » (INSERER LA CARTE) GRI Une pr6sentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 31 mars 2008 dans la salle du conseil de 1'h6tel de ville, au niveau du hall d'entr6e. RAISON DE LA MODIFICATION: Permettre d'un commerce de d6molition ou de r6cup6ration d'automobiles. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 30 avril 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement a 1'h6tel 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. J. Patrick Woods, Greffier communal 658 -2862 a-001 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 18, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 0 Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 ��� March 27, 2008 Common Council of The City of Saint John Your Worship and Councillors: Re: Rezoning - 117 Carleton Street Common Council at its most recent meeting of March 17, 2008 continued its consideration of a rezoning application for property at 117 Carleton Street. A public hearing respecting the proposed rezoning had been held by Council on March 3rd. At the conclusion of that hearing the Commissioner of Planning and Development was requested to facilitate discussion between the applicant and the opponents to the proposal. A report was presented to Council at its March 17th meeting as a result of that effort. Additionally I had submitted an opinion dated March 14th respecting this matter. The rezoning applicant submitted to Council at the March 17th meeting correspondence of the same date and addressed to the applicant by their solicitors, Lawson & Creamer. The latter correspondence which responded to my March 14th opinion letter was referred to me for examination and this has been prepared as a result. There are three propositions expressed in the Lawson & Creamer correspondence and I will deal with them in order. 1. City of Saint John v. Galbraith Construction Ltd. The effort was made to distinguish that case from the circumstances prevailing at 117 Carleton Street by noting that the Galbraith land was landlocked. In fact that was not the case, the parcel in question having frontage on a public street. That is immaterial in any event in my view; the Galbraith case was used as an illustration of the Provincial Court's proceeding on the basis that traveling over land for purposes of access and egress to and from a location constitutes a use of land in the zoning context. That reasoning is consistent with the view expressed by our Court of Appeal in the Dexter case cited in my March 14, 2008 letter to Council. 223 Common Council March 28, 2008 Re: 117 Carleton Street 2. Rezoning is the only issue before Council City Solicitor Page 2 It was contended that the Common Council had before it only the issue of the rezoning of 117 Carleton Street and that the terms of the right of way over 62 Sewell Street is a "... private issue between yourself [603887 N.B. Ltd.] and the owner of 62 Sewell Street not a matter for Common Council to consider. " I agree that rezoning is the issue before Council having written on March 14, 2008 that: "Common Council should make its decision whether to amend the Municipal Development Plan By -Law and the Zoning By -Law as requested by the applicant on the basis of whether the proposed use of 117 Carleton Street for a law office is desirable from a land use planning perspective. " However, while the nature and extent of the right of way enjoyed by 117 Carleton Street over 62 Sewell Street is a matter between the owners of those properties, the use to which that right of way may be put is affected by the pertinent provisions of the Zoning By -Law enacted by the City pursuant to the authority conferred upon it by the Community Planning Act. In this case the Zoning By -Law classifies the Sewell Street land as "RM -IF" and does not permit a driveway serving a commercial undertaking. 3. Existing Permitted Uses Finally the proposition was expressed that a convenience store with an ancillary dwelling unit is permitted by the current zoning of 117 Carleton Street and that such use could potentially generate a higher traffic volume over the right of way in question. I would not dispute that contention and in fact 117 Carleton Street could be developed to contain a number of dwelling units which potentially would be accompanied by much higher traffic over the right of way than is being proposed by the applicant. However, such use, i.e. a convenience store with ancillary apartments or several apartments, is permitted in the "RM -IF" Zone but the proposed law office is not and consequently the use of the driveway in conjunction with that proposed use is not permitted in the "RM -IF" Zone, in my view. ... /3 224 Common Council March 28, 2008 Re: 117 Carleton Street City Solicitor Page 3 In summary, I would confirm the opinion expressed to Council in my correspondence of March 14th; namely that: 1. Use of the right of way over 62 Sewell Street in connection with the operation of a law office on 117 Carleton Street would be contrary to the applicable provisions of the City's Zoning By -Law; and 2. Council should not impose terms and conditions upon the use of the right of way in conjunction with the law office because to do so would necessarily imply that such use is permitted, when it is not. There are other terms and conditions recommended by the Planning Advisory Committee which it is appropriate for Council to consider and impose if it wishes. Respectfully Submitted, John L. Nugent City Solicitor 225 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 426 square metres, located at 117 Carleton Street, also identified as being PID No. 00037598, from "RM -IF" Multiple Residential Infill to "B -2" General Business 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. 2008 and signed by: Mayor/Maire AKKL 1 L lr L.Y. 11 V -OJ ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cret6 ce qui suit : L'arrete sur le zonage de The City of Saint John, d6cret6 le dix -neuf (19) d6cembre 2005, est modifie par: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain d'une superficie d'environ 426 metres carres, situ6e au 117, rue Carleton, et portant le NID 00037598, de zone d'6dification de logements multiples sur terrain intercalaire « RM -IF » A zone commerciale gdnerale a B -2 » conform6ment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2008, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 3, 2008 Premiere lecture - 3 mars 2008 Second Reading - March 3, 2008 Deuxieme lecture - 3 mars 2008 Third Reading - Troisi&me lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arr6te de zonage de The City of Saint John d X\ \ 1 i - " 07 rae _ epet�e , UO 0 i -- eQ TTT_ J VL FROM / DE TO / A RM -IF Multiple Residential Infill B -2 General Business / Zone d'edifices a logements . multiples sur terrain intercalaire / Zone commerciale g6nerale Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement A une resolution adoptLse par le conseil municipal en vertu de I'article 39 de la Loi sur 1'urbanisme Applicant: 603887 NB Ltd. Location: 117 rue Carleton Street PID(s) /NIP(s) 00037598 06N88NE Drawn By /Cr66e Par: David Couture Date Drawn /Carte Cr6ue: March 11 mars, 2008 Considered by P.A.C. /consid6r6 par le C.C.U.: February 26 f6vrier, 2008 SECTION 39 CONDITIONS - 117 CARLETON STREET RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598, be subject to the following conditions: a. That the non - residential use of the property be restricted to a law office within the existing building. b. That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, signs, exterior lighting and other site features. The approved site plan must be attached to the building permit application for the development. 228 1 NOTICE OF MOTION March 11, 2008 His Worship Norm McFarlane and members of Common Council Be it resolved that; 1. Common Council direct the City Manager to establish a measurable ongoing system of asphalt resurfacing and asphalt repairs with annual reporting to council of detailed progress and with comparisons to other municipalities in New Brunswick and their similar programs. 2. Common Council direct the City Manager to look at all options available for getting our pothole patching program advanced and expanded to deal with the state of our deteriorating streets and establish progress reports to council. Reasons; Motion 1. The newspaper reported that there was a "Proposed Plan for Transportation 2002 - 2006" presented to council in November of 2001 by the City Manager and Mr. Groody. In the report they described the situation as dire and said more needed to be spent on road maintenance. It reported the plan they put forward was to resurface a total of 179 km at a cost of $10 million over the five -year period 2002 - 2006. Did that happen? How do we know? Since that time the consensus of the taxpayers is that our street surfaces seem to have gotten worse rather than better. We need to set reasonable goals for this and then measure and account for the progress. Motion 2. Potholes are a problem anywhere in the maritimes with our weather and truck traffic but we seem to be losing the battle of getting our patching done in a timely manner when compared to other towns and cities. How do other municipalities seem to do more with less? Could other works staff and resources be put to work patching potholes so we win rather than lose the battle? Respectfully Submitted, Received by e -m John Ferguson Councillor City of Saint John (P4 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 ��'� 229 I\ c The City of Saint John February 18, 2008 Mayor Norman McFarlane Members of Common Council, City of Saint John Your Worship and Fellow Councillors, Re: Police Justice Complex Just recently I have been made aware that the Arts Board as well as others have had discussions and /or future plans that would directly affect the proposed development of the Police Justice project North of Union. I would like to be permitted the opportunity to discuss this matter in open session of Council. From these discussions I am certain that a number of questions will evolve, and that the answers will have to be directed to those who are in the best position to provide the answers to those questions. Resolution: That Councillor Tait be provided with an opportunity to discuss and pose questions related to the alleged future plans of the Art Board as well as others as it relates to land parcels North of Union, ncluding the Carnegie building. Respectfully Sub 'tted, Received by e -mai Glen Tait, Councillor 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 230 J1 :. The city of Saint John March 3, 2008 Mayor Norman McFarlane, Members of Common Council, City of Saint John Your Worship and Councillors; Re: Tabled item for discussion, Council Agenda March 3, 2008 - - "Questions on the Police Justice Project' Background: At an open meeting of Council held on February 18, 2008 the above report was tabled to provide Council with the opportunity to view the questions in advance, ensuring answers would readily be available. Analysis: During the two week period since the tabling motion, some exciting announcements have been made. (1) Quispamsis has received funding from the Federal Government in the amount of four (4) million dollars. With funding assistance secure from the other two levels of government, the town is now in a position to proceed with its plans, and realize its vision of building a multi- million dollar sports facility. Congratulations to Mayor Ron Maloney and the Council of Quispamsis for moving one step closer to making that vision a reality - job well done! (2) The City of Fredericton will receive a total of eight (8) million dollars from the other two levels of government. This financial assistance will move the City of Fredericton one step closer to fulfilling its vision of constructing a new convention center as part of a sixty- nine (69) million dollar project. Congratulations to Mayor Brad Woodside and his Council, again a job well done. Both these Councils have at least one thing in common with the Council of the City of Saint John — they too will be collectively and individually up for scrutiny in the May 2008 elections. It appears that the major difference is that no lobbyist groups or individuals with their own agendas, election or re- election ploys, have attempted to delay their visions and priorities with entirely new ones that could stall the process. Or if they were faced with this, they obviously had the leadership, team spirit and integrity to support identified priorities as being in the best interest of the community, rather than thwart the process with new agendas. They have been consistent in ensuring that their major long standing priorities will reach fruition in their term, rather than pass them on to a new council to redundantly study, rehash, change or delete, costing taxpayers more dollars! 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 231 After witnessing the success of Fredericton and Quispamsis in fulfilling their established mandates, I am reminded of the great opportunity for success that exists for this City, with government funding approved. It is paramount that this Mayor and Council remain focused, decisive and steadfast, in moving forward with the implementation of the Police Justice development North of Union Street. While public consultation may lead to some changes, the overall plan including the locale, must move forth now if this is to become a reality. Council has voted, and members must have the will, the insight, and the tenacity to not have the project bulldozed by other new competing or complementary visions, being touted by individuals or in the news. During the last election campaign many of us on the campaign trail heard loud and clear the disappointment that was expressed by many citizens with respect to another proposed development that would provide badly needed quality housing. The previous Council would not endorse the Tobias Project on Germain Street. That Council's decision was based on restrictions contained in the Heritage Review Bylaw. This Council is not impeded by Heritage by -laws with the Police Justice development! While we are all proud of the Heritage properties in our City, we cannot let Heritage interests blur the issue at hand and inadvertently have history repeat itself! Thus, with the wisdom and experience that comes with age, I have re- examined with careful thought, the tabled item, and have concluded that such questions (and answers) will serve no useful purpose in moving the Police Justice Project forward. To dwell any further on the past would lead only to stall a project that has been for three years identified and accepted by this Council as our number 2 priority. It is worthy of note that other Councils dating back to 1993 identified, and established as a priority, the need to replace the existing police quarters with a new Police facility. As this present Council identified and approved our priorities, we were fortunate to have the guidance of Gordon Maclntosh, an expert in municipal government. We should all pause to recall that he said and I quote: "if an identified priority is not completed within a Council's mandate then in reality it never truly was a priority!" Resolution: That the request of Councillor Tait to ask questions of the Deputy Mayor , the Board of Directors of the Saint John Arts Center and the Publisher of the Telegraph Journal regarding the Police Justice Project be withdrawn. Respectfully Submitted, Received by a -m I Councillor Gle Tait 189YA February 27, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Council SUBJECT: Election Sign Recycling Program "Election sign recycling program produces a tonne of results One of the byproducts, of the recent Ontario provincial election, has been addressed by York Region. The Region reports that its election sign recycling program diverted a total of 1.07 tonnes of signs from being dumped in landfill sites. Election candidates and campaign team members were invited to drop off corrugated plastic election signs during a special event at the Region's Waste Management Centre in East Gwillimbury. This is York's third election sign drop -off event, and one of many ongoing programs dedicated to reducing the amount of waste travelling to landfill. Last year's municipal and federal elections diverted combined total of 5.2 tonnes of signs from dumps. Reusing is another method of waste diversion also practiced by some election candidates. York Region strongly encourages the reuse of goods before recycling. For more information on York Region's Solid Waste Management Branch and waste diversion strategies, visit www.york.ca /waste" The upcoming municipal election will produce many campaign signs. We could also be facing a Federal election. In keeping with our 20 — year Community Goals "Our City recognizes the inherent responsibility of every individual and organization to embrace a shared commitment to environmental stewardship. We are dedicated to living in balance with our natural settings and decreasing our demands on finite natural resources" 64) 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 233 MOTION: Refer to Fundy Region Solid Waste Commission to investigate and implement an election sign recycling program in time for the upcoming municipal election. Respectfully submitted, Received by e -ma l Michelle Hooton Deputy Mayor 09M March 17, 2008 Your Worship Mayor Norm McFarlane and Members of Common Council Re: Passenger train service Your Worship and fellow Members of Common Council, I put forward a motion almost a year ago concerning the renewal of passenger train service to our City so people who need to use such a service could do so. I made this motion after receiving a phone call from a Saint John resident who could not get her husband to Halifax for his Doctor's appointment in a timely manner due to winter weather conditions. Council passed the motion and asked that staff consult with the Board of Trade and Enterprise Saint John to see if anything is currently being worked on and if not, what would it take to reinstate this service. Since then, the City Manager when questioned at an open Council meeting of where this item is, his response to Council was that he has missed this and apologized for doing so and would bring it back to Council as soon as possible. A number of months has since gone by and I am now asking the City Manager again when can Council expect this information? I move that the City Manager give Council a time of when the information of the possibility of restoring Passenger train service to Saint John. Respectfully, Received by e -mail Bill Farren Councillor The City of Saint John 235 . =a March 17, 2008 Your Worship Mayor Norm McFarlane and Members of Common Council Re: Information on Upper Floor Grants Your Worship and fellow Members of Council, last year I made a motion to include grants in the 2008 budget for developers in order to help them renovate the upper floors of the many magnificent buildings in our Uptown. This help Council is offering the owners of these buildings has many benefits, a couple of which are to help preserve these heritage buildings and to increase the taxes our City is currently receiving from these half empty buildings. Council has recognized these benefits and included money in the 2008 budget to help start the needed upgrading of these buildings. However I have not seen any promotion of this program to any owners or developers that may want to take advantage of these funds. I therefore propose the following motion; I move that the Commissioner of Planning & Development, Jim Baird, bring Council up to speed on how the City is planning on promoting the Upper Floors Grant formula and the regtpirements for developers to qualify for these grants at this current Council meeting. Respectfully, Received) by e- , Bill Fanlen Councillor The City of Saint John 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 236 J March 13, 2008 Mayor and Council Re: Green Fleet As part of the City of Saint John's efforts to implement environmental friendly practices, consideration needs to be given to our fleet program. The City should use wherever practical vehicles that are environmentally friendly. The City of Moncton is among many municipalities adopting this practice of using vehicles that are highly fuel efficient. Benefits in addition to environmental stewardship may also be found in capital and operating costs - vehicles are less expensive to purchase and cost less to operate — which is good for the taxpayers. Motion: Direct Staff to implement a "green vehicle" component to the City of Saint John's fleet program. Sincerely, Received by e-m 9 Stephen Chase Councillor 4 -M 1W 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 237 Moncton gets Smart June 6, 2007 Moncton - In an effort to reduce its environmental footprint and reduce greenhouse gases, the City of Moncton has purchased six new Smart cars, as part of its new "Greener Fleet" initiative. The City's new Smart cars will be used for municipal purposes, such as parking enforcement, park maintenance and other functions. "As a city, part of our role is to identify best practices and be a leader in terms of promoting initiatives that are environment friendly," says Moncton Mayor Lorne Mitton. "Our Greener Fleet program and our purchase of these Smart cars is one more way that we can do this." The Smart Car emits only 90 g of CO2 per km— significantly less, in terms of greenhouse gas emissions than standard vehicles. Not only are these vehicles more environment - friendly, they are more cost effective to operate. The City's Smart cars will travel 23.81 km per litre of fuel, adding up to approximately $563 in fuel per year. "As much as we can, we want to encourage organizations and citizens to look at ways they can reduce their environmental footprint," notes Councillor Kathryn Barnes, Chair of the City's Environment Committee. "The City can, and will, do more in terms of identifying, adopting and promoting environment - friendly initiatives as we focus on protecting our most valuable asset —the earth." The City of Moncton is striving to be a leader in adopting environmentally sustainable practices. Other environment friendly initiatives include the Mandatory Wet/Dry program, the City vehicle anti - idling policy, the Active Transportation initiative and Vision 2010, a vision for an environmentally sustainable Downtown. Contact - Paul Thomson, Director, Corporate communications City of Moncton 506 - 853 -3592 Richard Landry, director, Environmental Planning and Management City of Moncton 506 - 383 -6201 Stephane Thibodeau, Parking and Transportation Coordinator City of Moncton 506 - 383 -6718 -30- 091-11 The City of Moncton . The City of Moncton has purchased six Smart cars for its Greener Fleet program . The fleet will be put to use by three of our departments: Engineering and Environmental Services, Information Systems, and Recreation, Parks, Tourism and Culture . 2.5m long and 1.5m wide Kilometrage: 23.81 km per litre of fuel (67.23 mi /gal) . Annual fuel cost: $563 per year CO2 emissions: 90 g /km . 800cc 3 Cylinder Turbo Diesel Engine . 40 horse power . 74 Ibs /ft torque . 22 litre Fuel Tank Max Speed 135km /h Base Price $16,700 . Qualifies for the EcoAuto Rebate Program $2000 rebate . 4 Air Bags ABS, ESP, Traction Control . 4 year 80,000km warranty . 150L Cargo Capacity Waistline 260L Cargo Capacity loaded to Roof . Tridion Safety Cell makes the car very safe . The Smart car is sold in 29 countries Press release: Moncton pets Smart Photos © City of / Ville de Moncton http:// www .moncton.org /searchlenglishICI TYLIVING /enviro /enviroflect.htm3 /l3/2008 1:18:09 PM 239 i j �V e_Jr o.e March 13, 2008 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: Subject: Policing Environment On February 26, 2008, I attended a Police Sector Council Strategic Planning Session in Ottawa on behalf of the Canadian Association of Police Boards. Our strategic focus was in the area of Human Resources Planning and Management. Our goal is to achieve, "High performance, sustainable policing nation wide." The Policing Environment is facing a Perfect Storm situation with three advancing "low pressure systems ". (1) The changing face of our Police Forces — New Demographics (2) The changing work demands and complexity of the job (3) The change in management — budgets /governance Over the next three years our middle ranks will be depleted by 40% and our senior ranks by 50 %. Processing time for B & E's have increased by 58 %, DUI's by 250 %, and Domestic Assaults by 96.4 %. Some of the challenges we are facing include: (1) A Loss of Leadership —(50% of Senior Ranks) (2) Youth Entry cohorts shrinking (only 3% of population considering policing as a career of choice). (3) Dealing with a Diverse Community (4) Need for a Sector wide strategy 6 nv2z Ir 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 240 By 2012 there will be a need for 6000 new recruits each year. It should be noted at the present time we are having a difficult time to get 3,000 recruits. MOTION: Receive and File Respectfully submitted, ��-- Councillor Court M111i z l' yi March 13, 2008 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: SUBJECT: Ambulance New Brunswick On Wednesday, March 12th I met with Preston Holmes the Regional Manager for Ambulance New Brunswick. This meeting was a result of a letter that I sent to Michael Murphy in January with a list of concerns that I had about this new service delivery model. At the present time there is a shortage of 21 full -time and 60 part-time employees in our Region. Mr. Holmes believes that we will have a mature ambulance service in about 3 years. He also said an increase in deployment will not be possible until the fall. My motion is to refer this item to Bill Todd and our Public Safety Communication Centre for a report back to Council on Received and Dispatched times for EMS calls. Respectfully submitted, Councillor Ivan Court IC /mjs 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 "�' 242 March 13, 2008 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: SUBJECT: Bay Ferries Saint John to Digby Service At a recent meeting of the FCA Atlantic Regional Caucus in Brandon, Manitoba questions were asked about the future of Bay Ferries Saint John to Digby service. I have asked Councillor White who has done a lot of work on this file to seek out any new information on this topic. I have some serious concerns about the possible termination of this service. I was told by a very reliable source that no new money will be awarded to assist this operation once the current arrangement is completed. I was also informed that there is a plan for a Yarmouth to Portland Marine operation in the works. In the recent budget the Federal Government mentioned $17.2 million dollars for the NFLD /Labador service, but no mention of the Saint John/Digby Service This is a vital service that dates back to the Dominion Atlantic Railway, to the CPR and CNR systems. It is an important gateway between NB and NS. My motion is to have the Mayor and Council send a letter to the Federal Minister of Transportation to seek clarity on the future of the Saint John to Digby service. I would also like to refer this matter to Councillor White and our MP Paul Zed. Respectfully submitted, Councillor Ivan Court IC /mj s lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wvwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 243 j wv t March 13, 2008 Your Worship Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: Subject: Federation of Canadian Municipalities MOTION: I would like to give Council an oral update on the FCM's Board of Directors Meeting recently held in Brandon, Manitoba. Respectfully submitted, Councillor Ivan Court IC /mjs lr _ 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 244 j �vvr i � a The City of Saint John March 24, 2008 �r Your Worship Mayor Norm McFarlane and Members of Common Council Re: Update on One Mile House on One Mile House Interchange The importance of the construction of the One Mile House Interchange by the Province to the residents of Saint John is immeasurable. With the One Mile House Interchange in place the removal of heavy truck traffic on our city streets alone is worth more than its weight in gold. Compound this with the reduced construction and car traffic on our city streets and the savings to our city's infrastructure and it will add up into the millions of dollars over the years, and coupled this again with the reduced traffic everyone will have to put up with when traveling to work or shopping in and around our city. With the recent announcement of a proposed partner for the second old refinery in the eastern part of our city, it will be of even more importance for Council and Staff to keep the construction of the One Mile House Interchange on our front burner to insure the timely competition of this important interchange for the future growth of our city and the protection of our existing infrastructure. I therefore move that the City Manager provide Council with an update of any discussions with the Province concerning the timing, construction and completion of the One Mile House Interchange at either this or our very next regular Council meeting. Respectfully, Received by e- Bill Farren Councillor The City of Saint John 6 j 04-1 1W 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 245 March 27, 2008 His Worship Mayor Norm McFarlane And Councillors Subject: Waste Pick -up Your Worship and Councillors, I request that staff answer questions regarding waste pick -up, especially in rural areas. Respectfully submitted, Source verified Ivan Court Councillor 246 k M & C 2008 - 49 March 13, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — 2007 Annual Wastewater Report (First) BACKGROUND Municipalities in New Brunswick operate wastewater treatment facilities and collection systems under conditions set out in certificates of Approval to Operate wastewater works. Developed by the Department of the Environment (DOE), these formal approvals set out standards for wastewater treatment facilities, collection systems including pumping stations and system operators that strive to protect public health and the environment. The City of Saint John (as the Approval Holder) provides wastewater services to the public under the authority of seven Approvals to Operate Wastewater Works. S- S12 -1 -3, Millidgeville Wastewater Treatment Facility (WWTF) S -1313, Lancaster WWTF S -1167, Hazen Creek WWTF S -1166, Marsh Creek WWTF S -1204, Monte Cristo WWTF S- S12 -7 -1, Greenwood WWTF S -1203, Morna Heights WWTF Each certificate represents formal authorization to the Approval Holder by the Minister of Environment to operate wastewater works. Each directs that: The Approval Holder shall operate the wastewater works in compliance with the Water Quality Regulation 82 -126 filed under the Clean Environment Act of the Province of New Brunswick. Violation of this Approval or any term and / or condition herein constitutes a violation of the Clean Environment Act. 247 M & C 2008 - 49 March 13, 2008 Page 2 The certificate of Approval to Operate is a regulatory tool that sets out the various conditions that all municipal wastewater works are required to abide by, for instance, the Federal Fisheries Act F -14, the Canadian Environmental Protection Act (CEPA) — 1999. As well, the City of Saint John is responsible for submitting to the National Pollutant Release Inventory (NPRI). Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation relating to the treating and disposing of municipal wastewater. After all, an effective wastewater management service protects public health from waterborne disease, protects the natural environment including aquatic and wildlife, and protects water sources for safe recreational use. Protective Barriers Management of Saint John Water's wastewater service is based on a continuum of protective barriers to ensure that the quality of wastewater at the end of the pipe meets or exceeds all limits listed in the Approval to Operate. The multiple protective barriers are: Source Wastewater; Treatment; Operations & Maintenance; Monitoring & Alarms; and Emergency Response. Advancements have been made in a number of the protective barriers in 2007. For instance, over the past few years significant capital investments have been made in a new SCADA (Supervisory Control and Data Acquisition) system. This complex project is transforming the way system operators do their jobs and has added critical monitoring and alarming capabilities. Wastewater pumping stations can now be monitored across the wastewater collection system. As an example, wastewater elevations are now monitored continuously and should the numbers vary outside of established parameters (if a station was going to bypass to the environment), a radio frequency signal would be sent to a pager and a 24 hour Customer Service representative immediately notified so that the appropriate timely response would be set into motion. The system also has the capability to monitor treatment processes. Annual Report While the certificate of Approval to Operate requires only quarterly submissions to the Department of Environment, Saint John Water has chosen to also submit an Annual Report as is done for drinking water. This report will provide the Department of Environment with a comprehensive package of pertinent technical and operating information for 2007, such as: NM M & C 2008 - 49 March 13, 2008 Page 3 Analytical results (wastewater sampling, analysis and compliance); Operational events (wastewater treatment and wastewater pumping); Toxicity; Pollution plan for chlorine in effluent; National Pollutant Release Inventory (NPRI); Water and Sewerage By - law; Water and Sewerage By — law violations; CAEAL Certification — Saint John Water Environmental Laboratory; Service Program Performance Indicators; Capital Wastewater System Improvements; Operators (training, certifications and staffing changes); Human Resources; Public information; and Commitment. ANALYSIS This is the first Saint John Water — Annual Wastewater Report and with all its attachments the document consists of hundreds of pages of facts and data. Rather than table such a voluminous document with Common Council, the main body of the Annual Wastewater Report is attached hereto, with its various sections summarized herein. Full details of all attachments being forwarded to the Department of Environment may be viewed at the offices of Saint John Water. Tntrnrinrtinn Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. The annual report is intended to provide the Department of Environment (system regulator) with pertinent information relating to the operation of the municipal wastewater system. Analytical Results Over the course of the year, the City analyzed wastewater from 7 wastewater treatment facilities. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment's certificates of Approval to Operate outline the analysis requirements. In 2007, the Saint John Water Environmental Laboratory analyzed over 9,000 wastewater samples. Saint John Water consistently collects and analyzes more samples than are required by the Approvals to Operate, as close monitoring enables better control over the efficiency of treatment facility operations. Other testing requirements such as; National Pollutant Release Inventory (NPRI), Toxicity, Canadian Council of Ministers of the Environment (CCME) Strategy, Municipal Wastewater Effluent (MWWE) characterization samples and biosolids metals are analyzed by contracted laboratories. 249 M & C 2008 - 49 March 13, 2008 Page 4 Operational Events On March 16, 2007, the Government of Canada committed the final $26.6 million required to complete the tri -level funding agreement for Saint John's Harbour Clean -up. This was the last funding component required in order to proceed with construction of remaining facilities and systems for this significant environmental project. In June 2007, a Grand Opening Ceremony was held at the Millidgeville WWTF for the major Upgrade Project that had been completed. This event was well attended by local dignitaries, residents, and children from local Community Centres as well as District 8 schools. The children participated in many of the contests that were developed for the event. On September 27, 2007, the Lancaster Lagoon Cell Number 1 (shown in the following photograph) Biosolids Removal and Dewatering Project began; it was completed on October 16 2007. In total 661 wet tonnes were removed from the cell in 2007 whereas 548 wet tonnes were removed in 2006. Cell number 2 biosolids profile revealed that there is approximately 900 cubic metres of sludge within the cell. This is approximately one half of the amount that was originally in Cell number 1. 250 M & C 2008 - 49 March 13, 2008 Page 5 The 2008 Biosolids Removal and Dewatering Project is scheduled to completely clean cell number 2. Cell number 3 and 4 will have biosolids profiles completed in 2008 and cleaning of these cells is scheduled for 2009 followed by the Polishing Pond profile in 2010. From left to right starting at the top of the picture; Cell number 1, Cell number 2, Cell number 3, Cell number 4 and the Polishing Pond. Wastewater Pumping In 2007, two wastewater pumping stations were added to the infrastructure inventory. The Lily Lake Pavillion Wastewater Pumping Station was commissioned in May followed by the Busby Street Wastewater Pumping in December. Lily Lake Pavilion WWPS - May 2007 Performance Standards Busby Street WWPS —December 2007 In November 2007, within the New Brunswick Fall Legislature Throne Speech a reference was made with respect to wastewater that indicates Provincial changes are forthcoming. The reference was as follows: 251 M & C 2008 - 49 March 13, 2008 Page 6 Your government will adopt new performance -based standards for municipal wastewater effluent from wastewater treatment facilities. These standards will incorporate an environmental risk management model and harmonize the regulatory framework with other Canadian jurisdictions. The CCME Strategy requires that characterizations (wastewater analyses) be completed for both end of pipe discharge and the farthest edge of the mixing zone of the receiving waters. In May 2007, in preparation for anticipated forthcoming changes, Saint John Water completed the initial Site Environmental Risk Assessment by completing wastewater characterizations for the 4 major treatment facilities; Lancaster Lagoon, Millidgeville, Marsh Creek and Hazen Creek. Effluent samples were collected and analyzed from the "end of pipe" and the results compared with the Canadian Water Quality Guidelines for the Protection of Aquatic Life (CWQG's). The next step requires defining the mixing zones since the assimilative capacity of each receiving water body is different. For example, the Saint John River will have a much higher assimilative capacity (natural environmental dilution) and thus a larger mixing zone for the Millidgeville WWTF effluent than Manawagonish Creek would have for the Lancaster Lagoon effluent. Over the next four years Saint John Water will complete mixing zone studies at each of its facilities (one study per year). A couple of noteworthy findings, from the wastewater characterization are; concentrations of copper and chloroform were above the limits for all 4 facilities. Iron levels exceeded the limits at Lancaster and Thorne Avenue WWTF's. The metals exceedances can be linked to the low acidity of Saint John's drinking water source and as such copper and /or iron is leached from residential and business water pipes. Chloroform, a THM (trihalomethane) that is formed when chlorinated water comes into contact with organic matter in either water or wastewater also exceeded limits. The more chlorine that is added into the water, the more chloroform is generated in the wastewater stream. These issues are understood and are being considered in the design of the new water treatment facilities. Toxicity A testing parameter within the CCME Strategy includes acute toxicity testing using two types of fish; daphnia magna and rainbow trout. Samples from October 2006 were all non - lethal for the 4 major treatment facilities. In 2007, samples for the 4 major treatment facilities were analyzed on April 18 and August 22. The April samples were all non - lethal for daphnia and trout. In August however there were two samples that were lethal for daphnia as shown in the table below. Sample results were just received for the first quarter of 2008 and all tests were non - lethal. This completes the four quarters testing requirements. August 2007 was a relatively dry month with below normal precipitation and therefore there was little dilution of the raw wastewater which normally occurs during wet weather events. The dry weather likely contributed to the lethal tests. To further investigate, Saint John Water will be conducting additional tests at these two locations this August 2008. 252 M & C 2008 - 49 March 13, 2008 Page 7 In Summary, the 2007 results of the acute toxicity testing for each of the WWTF's is as follows; Date Test Species Millidgeville Marsh Creek Hazen Creek Lancaster April 18 Daphnia PASS PASS PASS PASS Magna Rainbow PASS PASS PASS PASS Trout August 22 Daphnia FAIL FAIL PASS PASS Magna Rainbow PASS PASS PASS PASS Trout National Pollutant Release Inventory (NPRI) Now into the fifth year, Saint John Water continues to report to NPRI as a result of meeting a number of "triggers" identified in the reporting guidelines. There are 4 wastewater treatment facilities where reporting is necessary and a number of the system outfalls are categorized as ` Outfalls' thus triggering the reporting of some parameters. The parameter reporting requirements are as follows: ➢ Millidgeville WWTF — Nitrate ion in solution at pH greater than or equal to 6.0 and total ammonia; ➢ Hazen Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0; ➢ Lancaster Lagoon WWTF — Total ammonia; ➢ Marsh Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0; and ➢ Outfalls — Total ammonia. These parameters have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. Water and Sewerage By -law The current Water and Sewerage By -law was passed in 1967 with minor updates since then. The CCME has included a Model Sewer Use By -law in the Strategy. Saint John Water has adopted the Model By -law as the framework for a Saint John sewer -use By -law and is making modifications to suit our unique municipal profile. The first draft of the new By -law has been reviewed. The new By -Law place more responsibilities and obligations on industrial and business sources that release substances into the sewer system. In addition to developing a modified version of the CCME Model Sewer Use By -law, the City of Saint John is investigating options available to increase the level of fines it can issue to violators. Currently the authority for the City of Saint John to create a By -law or issue a fine rests with the Municipalities Act of the Province of New Brunswick. The Act limits such a fine to that of a Category D offence (ie. a maximum of $1,070 for the first offence and a maximum of $2,570 on repeat offenses). A fine of $1,070 is often too low, making it less costly for a violating business to pay the fine rather than the cost of the environmental clean -up. There are three courses of action, or options, available to the City of Saint John to increase the applicable fine: 253 M & C 2008 - 49 March 13, 2008 Page 8 ➢ apply to the Province of New Brunswick to change the Municipalities Act; ➢ work with the Province of New Brunswick to have City of Saint John staff authorized under the Clean Water Act to issue charges (the level of fines under the Act range from $1,000 to $1,000,000 for businesses); and ➢ change the current City of Saint John By -law to issue a new fine for each day an offence continues (ie. have the fine of $1,070 issued every day for a violation until the situation is corrected. Water and Sewerage By -law Violations In 2007 there were a few Water and Sewerage By -law violations however in each instance staff have been able to identify the contributing problem and have been working with a number of industries in developing short term and long term action plans. The plans are structured such that industries identify a path necessary for them to enter into compliance with the By -law. CAEAL Certification — Saint John Water Environmental Laboratory The Saint John Water Environmental Laboratory became a member of the Canadian Association for Environmental Analytical Laboratories ( CAEAL) in 2006. The lab completed proficiency testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. In March 2007, the Laboratory became proficient for additional wastewater parameters including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coliforms. The Laboratory will seek proficiency for Carbonaceous Biochemical Oxygen Demand (CBOD) in the March 2008. Capital Wastewater System Improvements During 2007, Municipal Engineering administered a total of 14 wastewater related capital projects designed to renew, rehabilitate, expand and monitor wastewater system infrastructure while improving wastewater effluent quality and treating additional wastewater. In 2007, the utility share of capital funding to wastewater related categories (which consists of sanitary infrastructure renewal and wastewater treatment) totaled $15.28 million, 40% of the utility share of capital expenditures. In summary, 2007 projects that were completed include; the renewal of 675m (0.68km) of sanitary sewer, upgrades to replace the former SCADA system, energy efficiency study, an emergency (back — up) power system study, sewer infiltration studies at various locations and wastewater treatment system design. A Wastewater Treatment Facility Efficiency Study was completed for the Morna Heights and the Greenwood facilities. The study revealed that even if these facilities are repaired to their original design, the effluent would not meet the Approval to Operate or the CCME Strategy requirements. However, to ensure the facilities are operating as efficiently as possible, repairs will be completed, thus optimizing the current levels of treatment until such a time as treatment upgrades and service extensions are completed. 254 M & C 2008 - 49 March 13, 2008 Page 9 Projects that were not included in the 2007 Capital Program however were completed in 2007 and funded through the operating budget include; construction of the Lily Lake Pavilion WWPS, Busby Street WWPS and Lancaster Lagoon Cell number 1 Biosolids Removal & Dewatering Preventive Maintenance Project. Operator Training & Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working jointly with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. This training is integral to fostering innovation as well as improving the quality and efficiency of the operation in water and wastewater facilities. A detailed training and certification summary is included in the annual report. RECOMMENDATION It is recommended that Common Council receive and file this report, and authorize staff to forward the 2007 Saint John Water - Annual Wastewater Report to the Department of Environment on behalf of the City of Saint John (Approval Holder). Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 255 2007Annual Wastewater Report 1 Dewatered biosolids removed from Lancaster Lagoon Cell # 1. 209 wet tonnes of biosolids were removed from Cell #1 in 2006 and 2007 2007 Saint John Water -Annual Wastewater Report INTRODUCTION This is the first Saint John Water Annual Wastewater Report. The Wastewater Service is a public service that provides for the treatment and disposal of wastewater. Wastewater is collected within the system and transported to wastewater treatment facilities via a system of collection pipes and wastewater pumping stations. Wastewater is treated and disposed into receiving waters. The locations of all wastewater pumping stations and treatment facilities that Saint John Water operates are mapped in Appendix A. An effective wastewater management service enhances public health, safety and the environment. More specifically, benefits of wastewater treatment include; the protection of public health from waterborne disease, protection of the natural environment including the aquatic and wildlife that depend on the removal and prevention of contaminants which can accumulate and the protection of water sources for recreational use. 256 2007Annual Wastewater Report 2 Saint John Water's Environmental Protection section provides the public with a wastewater service that includes collection, treatment and disposal. It operates the wastewater treatment facilities and collection systems under seven Certificates of Approval to Operate (COA) Wastewater Works (Appendix B): S- S12 -1 -3, Millidgeville Wastewater Treatment Facility (WWTF) S -1313, Lancaster WWTF S -1167, Hazen Creek WWTF S -1166, Marsh Creek WWTF S -1204, Monte Cristo WWTF S- S12 -7 -1, Greenwood WWTF S -1203, Morna Heights WWTF These are among the 120 certificates of Approval to Operate wastewater works issued to 93 municipalities across New Brunswick by the Minister of the Environment as of September 19, 2007. Each of the City's seven certificates is valid for a 3 year to 5 year period. Each of the certificates represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate wastewater works. Each directs that: The Approval Holder shall operate the wastewater works in compliance with the Water Quality Regulation 82 -126 filed under the Clean Environment Act of the Province of New Brunswick. Violation of this Approval or any term and / or condition herein constitutes a violation of the Clean Environment Act. All municipal wastewater works in New Brunswick are required to abide by the various conditions set out in Certificates of Approval to Operate Wastewater Works while also abiding by the Federal Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999 — Guidelines. More specifically, limits were set for the release of ammonia dissolved in water found in wastewater effluents and in addition there was a notice in the Canada Gazette, Part 1 December 4, 2004 requiring the preparation and implementation of pollution prevention plans for inorganic chloramines and chlorinated wastewater effluents (these regulatory tools set standards for wastewater works and system operators that strive to enhance public health, safety and the environment). The City of Saint John is responsible for submission to the National Pollutant Release Inventory (NPRI), a federal program, for any releases that meet the reporting criteria. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of treating and disposing of municipal wastewater. Protective Barriers Clean wastewater is essential for the protection of public health as well as the receiving waters for aquatic life and recreational use. It is understood however that wastewater is 257 2007Annual Wastewater Report 3 vulnerable to contamination from many potential threats. Management of Saint John Water is based on the system of protective barriers to ensure that the quality of wastewater at the end of the pipe meets or exceeds all limits listed in the Approval to Operate. Source Wastewater: Wastewater treatment facilities are only designed to treat human waste and not industrial waste. Source identification and enforcement is the key to reducing industrial contaminants in the wastewater flowing into the treatment facilities. Treatment: Unit operational details and performance, design capacity, flow rates, effluent disinfection performance; Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure, maintenance, best management practices; Monitoring & Alarms: Sampling plan, alarms, lab testing, record keeping and reporting and; Emergency Response: Plans for natural disasters, emergency contingency plans for wastewater treatment and pumping, safety training, emergency power systems. This protective web is designed to enhance wastewater effluent quality by fully developing the system to ensure the multiple barriers are in place. Each wastewater treatment facility has a contingency plan that will aid in the protection of the public, property and environment in the event of a public health or environmental emergency related to wastewater treatment or pumping facilities. Saint John Water is also preparing a contingency plan for business continuity; one that will serve during an influenza pandemic. Preparedness will serve to avoid or minimize service disruptions should such a pandemic occur. Annual Report The Reporting section of each of the certificates requires submission of a Quarterly Report to the Department of Environment. The fourth Quarterly Report is also known as the Annual Report. These reports provide pertinent technical and operating information to the regulator. For instance, the information included summarizes the following information: the results of the testing required in the Testing and Monitoring section of this Approval including the name of the laboratory used; a summary of the date, location, and duration of all raw wastewater discharges, including those that were directly caused by excessive rain or snow melt; a summary report of any other environmental emergencies that were reported through the Emergency Reporting procedure described in the Approval and; a list identifying the Operators) and indicating the certification level of each Operators). 258 2007Annual Wastewater Report 4 As a result of the various certificates of Approval to Operate, there is currently no consistency (mg/L vs kg /d) in the Reporting section. Saint John Water however has compiled the data in such a manner so as to comply with the broadest interpretation of the requirements; thus satisfying or exceeding the requirements. ANALYTICAL RESULTS Wastewater Sampling and Analysis During 2007, the Saint John Water Environmental Laboratory analyzed wastewater from seven wastewater treatment facilities. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment (DOE) issues certificates of Approval to Operate that outline their analysis requirements. These requirements are outlined in the Monitoring section of the Approval to Operate. The Approval to Operate for each wastewater treatment facility is enclosed in Appendix B. The Saint John Water Environmental Laboratory has analyzed over 9,000 wastewater samples in 2007. Saint John Water consistently collects and analyzes more samples than are required by the Approval to Operate as close monitoring enables better control over the efficiency of the treatment facility operations. All sampling results for 2007 can be seen in Appendix C. Other testing requirements such as; NPRI, Toxicity, Canadian Council of Ministers of the Environment (CCME) Municipal Wastewater Effluent (MWWE) characterization from WWTF's and biosolids metals are analyzed by contractor laboratories. The Canadian Association of Envirommnetal Analytical Laboratories (CAEAL) accreditations for RPC, Saint John Laboratory Services Ltd. and Buchanan Environmental Ltd. can be found in Appendix D. Compliance Data is reviewed for each quarter and any compliance issues are promptly communicated to regulators. Reports cover deficiencies, reasoning for deficiencies and corrective action required to prevent future deficiencies. Listed below are the Quarterly Reports, as reported to the DOE, for 2007. Enclosed within each Report are compliance issues for 2007. City of Saint John Wastewater Treatment Facility Quarterly Report (Jan. to Mar. 2007) A review of the data (for January to March) indicates that the Millidgeville WWTF was operating within effluent discharge standards identified in the COA's. At the other facilities, short term operating adjustments and long term strategies have been identified to address effluent standards. 259 2007Annual Wastewater Report 5 A new graph, threshold acute concentration of Ammonia versus pH, has been introduced into the Quarterly Report to be proactive with respect to the "Canada Gazette Guideline for the release of ammonia dissolved in water found in wastewater effluents ". All facilities are in compliance with the limits. The Marsh Creek Wastewater Treatment Facility (WWTF) displayed a high amount of Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD) in the effluent due to bulking and one event where the digester was overflowing into the effluent when there was no flow coming into the treatment facility on March 5`h. There are extensive repairs continuing on the Channel 2 flow meter at the Marsh Creek WWTF. This flow meter was submerged by infiltration into the manhole. The manhole was grouted and sealed, but infiltration has continued. Further repairs to the manhole need to be completed before installing the new flow meter. The flow readings for the majority of this quarter are an estimate based on August flows. The bypass meter is working and the bypass flows can be observed on the spreadsheet. The inlet gate was closed at Rothesay Avenue Wastewater Pumping Station (WWPS), Simpson Drive WWPS and Majors Brook WWPS for 2.5 hours on March 5, 2007 in an attempt to provide a seal for the gate to prevent water entering the wet well so a grating system could be installed. Approval was obtained for bypassing at Rothesay Avenue WWPS for 8 days beginning on March 5 to minimize the flow into the wet well so the wet well could be cleaned to remove heavy solids and install the grating system to prevent solids from entering the pumps. This is a preventive maintenance function and an upgrade to prevent pump failure that was seen in 2006 in June and December. Millidgeville WWTF exhibited a high TSS result on March 12, 2007 due to heavy rains and salt entering the treatment facility. Monte Cristo WWTF displayed high TSS and BOD beginning in late March. This is due to a mechanical deficiency where only 2 of 4 wheels on the RBC were operating. Repairs to the bearing and shaft are required. Due to the complexity of the work and the availability of materials, they are not an inventory item; the work was completed on May 7, 2007. The chlorine dosing issue is evident and is not likely to change until the WWTF is converted into a WWPS in 2011. Hazen Creek WWTF has been having some issues with high TSS readings in March. This is possibly due to the BOD loading from Sucor and the identification of a source issue at Brunswick Bulk. They operate a 4 stage separator that is not being maintained properly. They have been approached to ensure the proper maintenance is completed on a more frequent basis. A composite sampler will be installed at Sucor to obtain data and assist them with monitoring improvements within their facility to reduce BOD loading. Chlorine dosage was within the limit for approximately 75% of the quarter. Some chlorine is being absorbed by the TSS resulting from bulking effects. Lancaster Lagoon WWTF BOD and TSS results were above the allowable limits for the majority of February and March, 2007. Maintenance personnel inserted the flow control 260 2007Annual Wastewater Report 6 logs, between Cell # 4 and the Polishing Pond, in the wrong order after the completion of repairs to the main air line header into Cell # I on January 23, 2007. The Polishing Pond had nearly drained but was not noticed due to the ice cover on the Polishing Pond. The error was recognized and the logs placed into the proper order in early April, 2007. The Greenwood and Morna Heights WWTF's are frequently above allowable limits for BOD and TSS. This may be attributed to the level of technology (trickling filter) used for treatment. BOD and TSS results were higher in the effluent than in the influent for parts of January and February due to poor sampling location design. The WWTF Efficiency Study will begin in April and is expected to be complete in August with recommendations. City of Saint John Wastewater Treatment Facility Quarterly Report (April to June 2007) A review of the data (for April to June) indicates that the Millidgeville WWTF was operating within effluent discharge standards identified in the COA's. At the other facilities, short term operating adjustments and long term strategies have been identified to address effluent standards. All WWTF's are in compliance with the limits of the threshold acute concentration of Ammonia versus pH. The Marsh Creek WWTF experienced high TSS and BOD results in May and June that were influenced by periods of bulking. Monte Cristo WWTF has shown higher than normal levels of TSS and BOD. The chlorine regulation is not consistent during this quarter as well. Repairs on the bearing and shaft were completed on May 7, 2007. The high amount of TSS will have a direct effect on the efficiency of chlorine dosing. The maintenance program involving sludge removal frequency from the RBC chamber is under review. Hazen Creek WWTF has exhibited fluctuations in chlorine regulation. The injection rate has been increased at times, to the maximum of 25 lbs / day. There was a period of high TSS in April that was influenced by one result and in May that was influenced by two results. There are continuing issues regarding industrial flows that are being examined. Brunswick Bulk has cleaned three out of four chambers in their 4 stage interceptor but there has been industrial flows coming from the lateral that will require further investigation. Lancaster Lagoon WWTF exhibited a high amount of influent and effluent TSS at times in May and June. There is normally a `turnover' period, after the spring thaw, in the 4 cells and polishing pond that may be a contributor. Further examination of the process is 261 2007Annual Wastewater Report 7 underway to better understand and ensure it is directly related to the high TSS in the influent in combination with the `turnover'. The Greenwood and Morna Heights WWTF's are frequently above allowable limits for BOD and TSS. This may be attributed to the level of technology (trickling filter) used for treatment. The WWTF Efficiency Study began in April, the flow monitoring portion is complete, and the final report is expected to be complete in August with recommendations. Acute Toxicity Testing (daphnia magna and rainbow trout) was completed for the 4 major facilities in April, 2007. All effluent samples were non - lethal for 100% concentration of effluent with no organisms killed. The trout "appeared healthy and unstressed throughout the test period ". Toxicity Testing will be completed in August 2007 and again in January 2008. This will capture the 4 quarters of a year to include October 2006 testing. If all results are non - lethal, toxicity testing will be completed 3 years (January 2011) as per the proposed CCME Canada Wide Strategy for the Management of MWWE. MWWE characterization testing was completed in May 2007 for the 4 major WWTF's. The results were consistent with the proposed CCME Canada Wide Strategy for the Management of MWWE. In the absence of formal Guidelines and limits for the Strategy, the results were compared with the Canadian Environmental Quality Guidelines (CEQG's). The parameters that were above the limits, such as chloroform, iron and copper can be directly linked with the Drinking Water chlorination process, aggressivity of the potable water and the chemical reactions within the water distribution piping. Other substances such as cadmium, zinc, cyanide and phenolic compounds, at some facilities, require closer examination and further testing for these parameters is expected to be completed in August. The Saint John Environmental Laboratory successfully completed the March Canadian Association for Environmental Analytical Laboratories (CAEAL) Proficiency Testing round for conductivity, fluoride, TSS, BOD, turbidity, pH and residual chlorine. The lab attempted and succeeded in becoming newly proficient for nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coli forms. City of Saint John Wastewater Treatment Facility Quarterly Report (July to Sept. 2007) A review of the data (for July to September) indicates that the Millidgeville and Marsh Creek WWTF's were operating within effluent discharge standards identified in the COA's. At the other facilities, short term operating adjustments and long term strategies have been identified to address effluent standards. 262 2007Annual Wastewater Report 8 All WWTF's are in compliance with the limits of the threshold acute concentration of Ammonia versus pH. Monte Cristo WWTF has shown higher than normal levels of TSS and BOD. The chlorine regulation is not consistent during this quarter as well. The high amount of TSS will have a direct effect on the efficiency of chlorine dosing. The sludge removal schedule will be increased from once a month to twice a month, from November to December, to monitor improvement in TSS and chlorine dosing. Hazen Creek WWTF has exhibited fluctuations in chlorine regulation. The injection rate has been increased at times, to the maximum of 25 lbs / day. A letter was issued to all McAllister Industrial Park tenants regarding the illegal discharge of industrial waste to the sewer system on August 9, 2007. See Appendix for a copy of the letter. A copy of this letter was sent via electronic e -mail to the DOE. An illegal dumping incident occurred on September 27, 2007. There was industrial flow coming into the sewer system from Brunswick Bulk that was leading to major process fluctuations in BOD, TSS and chlorine dosing. A formal investigation is underway at the end of this reporting period. Lancaster Lagoon WWTF exhibited a high amount of BOD in September. Two samples were taken instead of the normal four samples which could have negatively impacted the average. The Lancaster Lagoon Cell number I biosolids removal and dewatering project began on September 27, 2007. The Greenwood and Morna Heights WWTF's are frequently above allowable limits for BOD & TSS. This may be attributed to the level of technology (trickling filter) used for treatment. The WWTF Efficiency Study is complete for both of these facilities. The Technical Review Committee will be convening in the fourth quarter to make a decision regarding the options for these facilities. Acute Toxicity Testing (daphnia magna and rainbow trout) was completed for the 4 major facilities in August 2007. All effluent samples for the trout were non - lethal for 100% concentration of effluent with no organisms killed. The trout "appeared healthy and unstressed throughout the test period ". Toxicity testing for daphnia magna failed for the Millidgeville and Marsh Creek WWTF's. The effluent for Millidgeville was toxic at a less than 625% concentration and Marsh Creek effluent was toxic at a 9.95% concentration. These results are interesting since there is no major industry in these areas. August was a relatively dry month which is excellent for analyzing true dry weather flow. This result will require some investigation. Toxicity Testing will be completed January 2008. This will capture the 4 quarters of a year to include October 2006 testing. If all results are non - lethal, toxicity testing will be completed in 3 years (January 2011) as per the proposed CCME Canada Wide Strategy for the Management of MWWE. Daphnia magna testing will be completed in August 2008 for Millidgeville and Marsh Creek WWTF's. Further MWWE characterization testing was completed in August 2007 to confirm or deny the findings in the May 2007 samples. Substances of concern from the May study 263 2007Annual Wastewater Report 9 included cadmium, zinc, cyanide and phenolic compounds at some facilities. The laboratory detection limit for cadmium is 0.1. Results were listed as less than 0.1 for Lancaster, Millidgeville (0.6 in May) and Marsh Creek. The results for Hazen Creek remained consistent at 0.4 (May) and 0.5 (August). The levels of zinc decreased at Lancaster (140 to 12) and Marsh Creek (40 to 28) but remained above the limit of 30 at Millidgeville and Hazen Creek. Cyanide levels were under the limit at all 4 facilities in August. The limit was exceeded at the Lancaster facility in May. Phenolic compound levels under the limit at all 4 facilities in August. The limit was exceeded at the Millidgeville facility in May. The Saint John Environmental Laboratory will be receiving samples in October for the CAEAL Proficiency Testing. Accreditation will be sought once the Eastern WWTF is commissioned. City of Saint John Wastewater Treatment Facility Quarterly Report (Oct. to Dec. 2007) A review of the data (for October to December) indicates that the Millidgeville and Lancaster WWTF's were operating within effluent discharge standards identified in the COA's. At the other facilities, short term operating adjustments and long term strategies have been identified to address effluent standards. All WWTF's are in compliance with the limits of the threshold acute concentration of Ammonia versus pH. Monte Cristo WWTF has shown higher than normal levels of TSS and BOD. The chlorine regulation is not consistent during this quarter as well. The high amount of TSS will have a direct effect on the efficiency of chlorine dosing. The sludge removal schedule was increased from once a month to twice a month, from November to December, with no noticeable improvement in TSS. Chlorine limits were in compliance for two of three months based on a monthly average. Hazen Creek WWTF has exhibited high average effluent BOD readings in November and December 2007. This is directly due to source BOD coming from the Sucor sugar processing facility. In each month, one very high reading lead to the high average. Saint John Water is working very closely with Sucor to reduce the impact of their high BOD effluent. A meeting will be held at the end of February 2008 to monitor progress from their capital investments in the process and monitoring equipment. The chlorine and TSS limits were significantly improved since removing source contamination from Trimac Brunswick Bulk. The offending waste stream ceased to flow to the WWTF on October 16, 2007. Marsh Creek WWTF has exhibited high average effluent TSS in October, November and December due to bulking at the WWTF. There was three very high readings in October 264 2007Annual Wastewater Report 10 and November and 2 readings in December that had a great impact on the monthly averages. The influent flow meter on the second forcemain has been repaired and both of the influent and the effluent flow meters are calibrated and operating properly. This was a major task due to infiltration issues in the manhole where the flow meters reside. It appears that the data calculations have been based on the total influent flow and did not discriminate between the actual flow being treated and the flow that was bypassing the WWTF. With these flow meters in operation, the effluent flow meter will be used to determine the average daily flow being treated by the WWTF. Due to this calculation discrepancy, all of the flow data for 2007 will be artificially higher leading directly to higher kg / day TSS and BOD values. In reality, the WWTF may have been operating within the compliance parameters. The Greenwood and Morna Heights WWTF's are frequently above allowable limits for BOD and TSS. This may be attributed to the level of technology (trickling filter) used for treatment. The WWTF Efficiency Study is complete for both of these facilities. The Saint John Water Technical Review Committee has submitted design and construction costs to the 2012 Water and Sewerage Utility Fund Capital Program. The cost estimate for the upgrade of the Morna Heights WWTF is $640, 000 and the elimination of the Greenwood WWTF and extension of the existing water and wastewater services to this community is estimated at $3.3 million. In 2008, $80, 000 has been committed to repair / rehabilitate the existing facilities to their design operating parameters and include adjustments to the sampling locations to obtain more representative samples. It is understood that these repairs will not enable the existing WWTF's to effectively treat wastewater to the compliance parameters due to the outdated level of technology at these WWTF's. It will, however improve the level of treatment until such time as the appropriate upgrades are completed. Acute Toxicity Testing (daphnia magna and rainbow trout) was not done during this reporting period since samples were obtained in the fourth quarter of 2006 Testing will be completed in the first quarter of 2008 to round out the four quarters of analysis. The CCME Canada Wide Strategy for managing MWWE has lead to many questions and requests for clarification. A list of questions has been submitted to the New Brunswick Department of Environment for response. The components of the Strategy will be organized in a more comprehensive fashion once the responses are received. The Saint John Environmental Laboratory has completed the October sampling from the CAEAL Proficiency Testing program. There were some sample and reporting issues and the results for the fluoride, nitrate, TKN, COD and fecal coli forms were placed on the Possible Suspension (PS) list. Non Conformance Reports were completed and submitted to CAEAL. A CAEAL Site Assessor has committed to visiting the Saint John Water Environmental Laboratory in early 2008 to give an opinion on the viability of Accreditation at the current facility. The Laboratory will be working diligently towards creating the Standard Operating Procedure (SOP) and Quality Manuals in 2008. 265 2007Annual Wastewater Report OPERATIONAL EVENTS Wastewater Treatment 11 Veterans Affairs Minister Greg Thompson delivers the announcement for the Government of Canada's commitment to $26.6 million for the Saint John Harbour Clean -up while Premier Shawn Graham, Mayor Norm MacFarlane, local Members of Parliament (MP), Members of the Legislative Assembly (MLA) and members of Common Council look on. Premier Shawn Graham delivered on his promise for the Province of New Brunswick's commitment to Saint John's Harbour Clean -up once elected. A signed memorandum of understanding was delivered to Saint John Mayor Norm MacFarlane on October 4, 2006 in the amount of $26.6 million to match the City of Saint John's contribution. On March 16, 2007, the Government of Canada committed the final $26.6 million to complete the tri -level funding agreement. This was the final component required to begin construction on this important environmental project. This Announcement was well attended by dignitaries from the three levels of Government; Minister of Veterans Affairs - Greg Thompson, Premier Shawn Graham, Mayor Norm MacFarlane, local MP's and MLA's, members of Saint John Common Council, Saint John Water staff, local environmental groups, local interest groups and members of the public. News release information can be seen in Appendix E. 266 2007Annual Wastewater Report 12 From left to right; Honourable Minister Roly Maclntyre - New Brunswick Minister of Supply and Services, Saint John Mayor Norm McFarlane and Honourable Minister Greg Thompson - Federal Minister of Veterans Affairs on June 28, 2007 Cake cutting for the Millidgeville WWTF Upgrade Grand Opening Ceremony. A Grand Opening Ceremony was held at the Millidgeville WWTF for the major Upgrade Project that began construction in 2002. This event was well attended by local dignitaries, residents, and children from local Community Centres. This event was advertised in the June Saint John Energy bills, the Telegraph Journal and at District 8 schools. A first for Saint John Water — Environmental Protection, educational contest items were developed and delivered to District 8 schools and local Community Centres. Participation of the local children was good and prizes were drawn at the event. Please refer to Appendix F for all details concerning this successful Grand Opening. The Lancaster Lagoon Cell number 1 Biosolids Removal and Dewatering Project began on September 27, 2007 and was completed on October 16, 2007. The Contractor removed 661 wet tonnes at an average of 33.74% solids for a total of 223 bone dry tonnes. Please refer to Appendix G for the project data. This is compared to 2006 when 548 wet tonnes at an average of 36.83% solids for a total of 202 bone dry tonnes were removed. The project was budgeted for 200 bone dry tonnes, but it was decided that removing 223 bone dry tonnes would completely clean Cell number 1 so Saint John Water could directly move onto cleaning Cell number 2 in 2008. The Cell number 2 biosolids profile (Appendix G) revealed that there is approximately 900 cubic metres of sludge contained within Cell number 2. This is approximately one half of the amount that was originally in Cell number 1. The 2008 Biosolids Removal and Dewatering Project should completely clean Cell number 2. Cell number 3 and number 4 must have a biosolids profile completed in 2008 and it is anticipated that these two cells could be cleaned in 2009. The large Polishing Pond must be profiled to determine the extent of biosolids removal 267 2007Annual Wastewater Report 13 beginning in 2010. The 2007 Cell number 1 biosolids profile (Appendix H) revealed that there are some minor pockets of severely compacted solids that could not be removed. While many air diffusers are no longer plugged as a result of the biosolids removal process, it is believed that many more are plugged with compacted solids. Also, there is an accumulation of inert solids such as sand at the inlet of the Lagoon Cell number 1. At this time, it is believed that the current grit removal system is severely undersized for the present flow. There is a significant amount of influent bypassing the grit removal system to avoid overloading it. Since there are numerous combined sewers located throughout the west side of Saint John, the source of inert solids is not going to diminish in the near future. An evaluation of the grit removal system and a combined sewer identification and separation strategy must be completed. From left to right starting from the top of the picture; Cell number 1, Cell number 2, Cell number 3, Cell number 4 and the Polishing Pond. In 2007, five air line laterals extending into the Lagoon Cell number 1 from the main blower building header were repaired due to shearing. The five air line valve gear boxes were replaced since they were not opening and closing the valves properly. The elbows and sections of the air line itself were also replaced due to air losses at the joints. Replacement air lines from the Blower Building and repaired lateral lines extending into the Lagoon. Cell number I air line break in January 2007 - the air lines are buried eight feet deep. •: 2007Annual Wastewater Report Wastewater Pumping 14 In 2007, two Wastewater Pumping Stations (WWPS) were added to the infrastructure inventory. The Lily Lake Pavillion WWPS was commissioned in May and the Busby Street WWPS was commissioned in December. Busby Street WWPS — December 2007 Lily Lake Pavilion WWPS - May 2007 CCME CANADA WIDE STRATEGY (STRATEGY) FOR MANAGING MUNICIPAL WASTEWATER EFFLUENT In late 2006, the Canadian Council of Ministers of the Environment (CCME) released the Strategy across Canada to begin the consultation process with Municipalities. Municipalities reviewed the document and provided comments to the Canadian Water and Wastewater Association (CWWA). The CWWA collected comments and prepared a response to the CCME on behalf of their member Municipalities. A consultation session was held with the New Brunswick DOE on January 16, 2007. For the most part, Canadian Municipalities are embracing the philosophy of the Strategy with respect to limits on Carbonaceous Biochemical Oxygen Demand (CBOD), TSS and Total Residual Chlorine (TRC). There are, however concerns surrounding; Guidelines (yet to be developed), costs to renew or construct sanitary systems and wastewater works, one window reporting and finally, better coordination and sharing of information between research groups (university, NGO, local environmental groups such as ACAP) and Municipalities. In the New Brunswick Fall Legislature Throne Speech in November 2007, a reference was made with respect to wastewater that indicates changes are forthcoming. The reference was as follows; Your government will adopt new performance -based standards for municipal wastewater effluent from wastewater treatment facilities. These standards will incorporate an environmental risk management model and harmonize the regulatory framework with other Canadian jurisdictions (Appendix W). 269 2007Annual Wastewater Report 15 In May 2007, Saint John Water completed the initial Site Environmental Risk Assessment by completing wastewater characterizations for the 4 major treatment facilities; Lancaster Lagoon, Millidgeville, Marsh Creek and Hazen Creek. Treatment facility effluent samples were collected and analyzed by the Saint John Environmental Laboratory, Buchanan Environmental Ltd., and RPC. The results were compared with the Canadian Water Quality Guidelines for the Protection of Aquatic Life (CWQG's) in the absence of Strategy Guidelines. These CWQG's either did not have limits or were listed as `insufficient data' for many parameters that were analyzed. Please refer to Appendix I for the analysis information and the comparison to the CWQG's. These samples were taken from what is considered to be `end of pipe'. The Strategy suggests that characterizations should be completed for end of pipe discharge and at the farthest edge of the mixing zone of the receiving waters. The mixing zone must be defined since the assimilative capacity of each receiving water is different. For example, the Saint John River will have a much higher assimilative capacity (natural environmental dilution) and larger mixing zone for the Millidgeville WWTF effluent than Manawagonish Creek for the Lancaster Lagoon effluent. Due to the high cost of determining a mixing zone, one facility per year beginning in 2008 will be completed. It is expected that the results will be much lower at the edge of the mixing zone due to the assimilative capacity of the receiving water. There is a concern with determining mixing zones in the Saint John River with respect to tidal influences and the bio -accumulative and chemical effects of the large industry located at the mouth of the river because the effluent from industry could mix with municipal wastewater effluent. An extensive list of questions and clarifications has been submitted to the NBDOE on December 14, 2007. Findings from the wastewater characterization revealed some interesting details. Concentrations of copper and chloroform were above the limits for all 4 facilities. Iron levels exceeded the limits at Lancaster and Thorne Avenue WWTF's. Due to the low acidity of Saint John's water source, copper is leached from residential and business water pipes. Iron water distribution piping is more prevalent in the Lancaster (Fundy Heights esp.) area. Chloroform is a THM (trihalomethane) that is formed when chlorinated water comes into contact with organic matter in wastewater. The more chlorine that is added into the water, the more chloroform is generated in the wastewater stream. These issues are understood and are being considered in the design of the new water treatment facilities. There were high levels of zinc at 3 facilities namely; Millidgeville, Hazen Creek and Marsh Creek WWTF's. Some facilities showed high results for cyanide, phenolic compounds and cadmium. Since there is no immediate explanation for this, samples were taken in August and analyzed to see if there is an issue. These results showed that phenolic compounds and cyanide were not an issue. The lab testing equipment was not able to test within the range of the CWQG's. The CWQG for cadmium is 0.017 ug/L and the lab reported the August results as less than 0.1 ug/L. An assumption can be made that if samples are taken from the edge of the mixing zone that these results will be much lower than the end of pipe results due to assimilative capacity. One of the major arising concerns with wastewater treatment is the disposal of personal care products and expired or unused pharmaceuticals into the sewer system. Some 270 2007Annual Wastewater Report 16 Municipalities are encountering high levels of estrogen and drugs. These items have drastic environmental impacts, such as endocrine disruption in fish, in receiving waters since the majority of wastewater treatment facilities are not designed to treat this waste stream. See Appendix W for a local research article. TOXICITY A testing parameter within the Strategy includes acute toxicity testing using daphnia magna and rainbow trout. High levels of ammonia are toxic. A 6% concentration of Crane Mountain Landfill leachate will kill all of the test trout. The Lancaster Lagoon receives Crane Mountain Landfill leachate and has the biological treatment capacity to reduce the levels of ammonia such that the effluent is non toxic to trout at 100% effluent concentration. Samples from October 2006 were all non lethal for the 4 major treatment facilities. In 2007, samples for the 4 major treatment facilities were analyzed on April 18 and August 22. The test results can be seen in Appendix J. The April samples were all non - lethal for daphnia and trout at all 4 facilities. In August, there were two samples that were lethal for daphnia. The sample for Millidgeville was lethal at concentrations below 6.25% and for Thorne Avenue at a concentration of 9.95 %. Samples are expected to be taken in the first quarter of 2008 to complete testing for all 4 quarters. August 2007 was a relatively dry month with below normal precipitation. With the amount of Combined Sewer Overflows (CSO's) in Saint John, dilution of raw wastewater occurs during wet weather events. There was a lack of dilution in August that prompts an examination of the treatment process and the sources (industry and businesses) of contaminants in wastewater. Marsh Creek WWTF experienced issues of low pH and was manually adding pH control such as hydrated lime or sodium bicarbonate to increase pH levels to the desirable limit. The source of low pH flow is unknown. The cause of the failures at Millidgeville is more complex since there are no major industries in this area. In Summary, the 2007 results of the acute toxicity testing for each of the WWTF's is as follows; Date Test Species Millidgeville Marsh Creek Hazen Creek Lancaster April 18 Daphnia PASS PASS PASS PASS Magna Rainbow PASS PASS PASS PASS Trout August 22 Daphnia FAIL FAIL PASS PASS Magna Rainbow PASS PASS PASS PASS Trout 271 2007Annual Wastewater Report POLLUTION PLAN FOR CHLORINE IN EFFLUENT 17 The City of Saint John was required, as noted in the Canada Gazette Notice, to prepare and implement a Pollution Prevention (P2) plan for inorganic chloramines and chlorinated wastewater effluents. The Pollution Prevention Plan was required to be prepared by June 15, 2007 and implemented by June 15, 2010. Please see Appendix K to view the Pollution Prevention Plan. The Hazen Creek WWTF is the only facility subject to the Pollution Prevention Plan. A Request for Waiver of the Requirements to Consider a Factor or Factors has been submitted since it is expected that the Eastern WWTF will be commissioned by June 15, 2010 replacing chlorine disinfection with ultraviolet disinfection technology. NATIONAL POLLUTANT RELEASE INVENTORY (NPRI) The website www.ec.gc.ca \pdb \nom lists the following description of the NPRI; The National Pollutant Release Inventory (NPRI) provides Canadians with access to information on the releases and transfers of key pollutants in their communities. It is the only national, legislated, publicly accessible inventory of its kind in Canada. The NPRI is a major starting point for identifying and monitoring sources of pollution in Canada. It is an important consideration in managing risks to the environment and human health as well as in monitoring indicators for the quality of our air, land, and water. It is also emerging as an indicator for corporate environmental performance. Public access to the NPRI motivates industry to prevent and reduce pollutant releases. It helps the Government of Canada track progress in pollution prevention, evaluate releases and transfers of substances of concern, identify and take action on environmental priorities, and implement policy initiatives and risk management measures. Only facilities that meet established reporting criteria are required to report to the NPRI. Pollutants from mobile sources such as trucks and cars, households, facilities that release pollutants on a smaller scale and certain sector activities, such as agriculture and education and some mining activities, are not included in the NPRI but are reported under a separate program. Established in 1992 and legislated under the Canadian Environmental Protection Act, 1999 (CEPA 1999), the NPRI requires companies to report information on releases and transfers of pollutants to the Government of Canada on an annual basis. Environment Canada makes the information available to Canadians in an annual public report, and maintains a detailed inventory that can be accessed and searched through an on -line database. CEPA 1999 is designed to protect the environment and human health and to promote sustainable development. It contains information - gathering provisions, including some 272 2007Annual Wastewater Report 18 that allow the Minister of the Environment to request information on certain substances. The provisions also require the Minister to establish and publish a national inventory of releases of pollutants. These provisions under CEPA 1999 form the primary legislative basis for the NPRI. Now into the fifth year, Saint John Water has been reporting to the NPRI due to meeting a number of "triggers" identified in their reporting guidelines (see Appendix L). There are 4 wastewater treatment facilities and a number of outfalls categorized as ` Outfalls' that trigger reporting for some parameters. These parameters are as follows; • Millidgeville WWTF — Nitrate ion in solution at pH greater than or equal to 6.0 and total ammonia; • Hazen Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0; • Lancaster Lagoon WWTF — Total ammonia; • Marsh Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0; and • Outfalls — Total ammonia. These parameters would have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. The calculation is based on the effluent flow rate and the concentration of the parameter in the effluent. WATER AND SEWERAGE BY -LAW The current Water and Sewerage By -law was passed in 1967 with minor updates since then. The CCME has included a Model Sewer Use By -law in the Strategy that Saint John Water has adopted and is making modifications to suit Saint John's unique municipal profile. The first draft of the new By -law was reviewed in January 2007. This By -Law contains more definitions and places more responsibilities and obligations on industrial and business sources. There was a letter sent to all local vacuum truck companies that haul septic waste in September 2006 as was reported in the Telegraph Journal on April 10, 2007. The letter discusses concerns and the need to increase By -law violation fines. Several City Staff and a City Councilor traveled to Halifax to gain insight into their Harbour Solutions Project with respect to source identification and enforcement. The Halifax Regional Municipality (FIRM) has developed an excellent Pollution Prevention (P2) Program that consists of wastewater bylaw inspection officers that have powers under the Police Act to issue tickets to offenders. The focus of this Program is primarily on educating local industry, businesses and the public through discussion, television, radio advertisements, advertising and presentations in local schools. Although the FIRM By -law allows for a maximum fine of $50,000 for each occurrence, they have only written an average of 6 to 10 tickets ($750 Summary Offense) per year. Most offenders pay the ticket and improve their disposal practices. Please see Appendix M for more information regarding the visit. 273 2007Annual Wastewater Report 19 In addition to adopting a slightly modified version of the CCME Model Sewer Use By- law, the City of Saint John is investigating options available to increase the level of fines it can issue to violators of such a By -law. Currently the authority for the City of Saint John to create a By -law or issue any fine under it rests with the Municipalities Act of the Province of New Brunswick. The Act limits such a fine to that of a Category D offence (ie. a maximum of $1,070 for the first offence and a maximum of $2,570 on repeat offenses). A fine of $1,070 is too low and in many cases would be cheaper for a business to pay the fine versus the cost of the environmental cleanup. There are three courses of action, or options, available to the City of Saint John to increase the applicable fine; • apply to the Province of New Brunswick to change the Municipalities Act • work with the Province of New Brunswick to have City of Saint John staff authorized under the Clean Water Act to issue charges (the level of fines under the Act range from $1,000 to $1,000,000 for businesses) • change the current City of Saint John By -law to issue a new fine for each day an offence continues (ie. have the fine of $1,070 issued every day for a violation until the situation is corrected. Initial discussions with Provincial and Municipal representation indicate that options two and three are most favorable while option one would take considerable time and be more difficult to implement. WATER AND SEWERAGE BY -LAW VIOLATIONS The Hazen Creek WWTF experienced major operational upset in April 2007. Operations and Laboratory personnel investigated and found the source of the illegal dumping coming from Trimac — Brunswick Transport located in the McAllister Industrial Park. A meeting was held with Trimac to resolve the issue by cleaning out their 4 stage separator. Trimac cleaned the first stage of the separator in June and ceased part of their operation cleaning bulk trailers with black product. There were still some minor issues extending into the summer, so an Information Notice regarding illegal dumping was hand delivered to all McAllister Industrial Park tenants on August 9th (Appendix V). On September 27tH Operations personnel reported noxious odours coming from the McAllister Park WWPS. Investigations lead personnel to Trimac. Trimac was issued an order from Saint John Water under the By -law on October 4th (Appendix N) to Trimac to cease illegal dumping of waste into the sewer system and to remove all contents of the 4 stages of the separator. Trimac was also required to clean the separator, lateral and manhole. Trimac submitted a short term and long term action plan to Saint John Water on October 31st Saint John Water has been working cooperatively with Sucor, located in the McAllister Industrial Park, to reduce the pH and Biochemical Oxygen Demand (BOD) in their effluent. Lab analysis showed that Sucor was violating the By -law. Sucor is now communicating their refining schedules with Saint John Water and have provided a sampling location so more representative composite sampling can take place. Sucor has made capital investments in an effort to reduce the impact of their effluent on the operation of the Hazen Creek WWTF and they also submitted a short term action plan on 274 2007Annual Wastewater Report 20 March 28, 2007 and a long term action plan on November 1, 2007. Saint John Water has issued a response to the long term plan and will re- evaluate the effects of Sucor's capital investments at the end of February 2008. Please see Appendix N for all correspondence. In 2007, Fats, Oil and Grease (FOG'S) have become prevalent at the Simpson Drive WWPS and Rothesay Avenue WWPS. Resources such as personnel and sewer flushers have been used to flush and clean out sewer lines plugged with grease from local businesses along Rothesay Avenue and McAllister Drive. This is a direct violation of the By -law. An Information Notice (Appendix V) was hand delivered, by Environmental Protection personnel, on December 3, 2007 to all business owners along Rothesay Avenue and McAllister Drive (up to Bayview Trucks). Environmental Protection personnel met with business managers and explained how grease in the sewer system negatively affects operations of WWPS's and WWTF's ultimately decreasing operational efficiency and effectiveness. Businesses violating the By -law must be responsible for compensating Saint John Water for cleaning plugged sanitary sewer lines until such time as there is a Sewer Use By -law in place with an appropriate fine structure. CAEAL CERTIFICATION - SAINT JOHN WATER ENVIRONMENTAL LABORATORY The Saint John Water Environmental Laboratory became a member of the Canadian Association for Environmental Analytical Laboratories ( CAEAL) in 2006. The lab completed proficiency testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is completed twice per year in March and October. In March 2007, the Laboratory became proficient for additional wastewater parameters including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coli forms. The Laboratory will seek Proficiency for Carbonaceous Biochemical Oxygen Demand (CBOD) in the March 2008 sampling study to prepare for Strategy testing requirements. Please refer to Appendix O for documentation. An initial evaluation will be completed in January 2008 to determine if the current laboratory would be capable of gaining Accreditation status. If so, plans will be made to seek full Accreditation in 2009. If not, it is expected that once the Eastern Wastewater Treatment Facility is constructed and commissioned in 2010, the Laboratory will seek full Accreditation status. A Quality Manual and a Standard Operating Procedure Manual must be developed and a site visit completed to gain full Accreditation status. SERVICE PROGRAM PERFORMANCE INDICATORS The proposed Wastewater Service contains 7 Service Programs. Saint John Water is reviewing performance indicators for the Programs; Wastewater Pumping, Wastewater 275 2007Annual Wastewater Report 21 Treatment and Wastewater Quality Standards. Performance indicators will be implemented into the operational management and monitoring will begin in 2008. Please refer to Appendix P to view the initial Performance Indicator and Benchmarking Report. CAPITAL WASTEWATER SYSTEM IMPROVEMENTS In recent years, a considerable amount of capital infrastructure improvements have been made; however the need to continue renewing infrastructure is evident. During 2007, Municipal Operations and Engineering administered a total of 14 wastewater related capital projects designed to renew, rehabilitate, expand and monitor wastewater system infrastructure while improving wastewater effluent quality and treating additional wastewater. Appendix P provides a detailed listing of the projects that were included in the 2007 Water and Sewerage Utility Fund Capital Program approved by Common Council. It should be noted that some of the projects will be on -going in 2008. In 2007, the utility share of capital funding to wastewater related categories (which consist of sanitary infrastructure renewal and wastewater treatment) totaled $15.28 million dollars or as can be seen by the pie chart on the first page in the Appendix Q, 40.0% of the utility share of capital expenditures. In summary, 2007 projects that were completed include; the renewal of 675m (0.68km) of sanitary sewer, upgrades to replace the existing SCADA system, efficiency and identification of emergency power system studies, sewer infiltration studies at various locations and wastewater treatment system design. The outcome of the Lancaster and Millidgeville Wastewater Treatment Facilities: Engineering Study for Identification of Requirements for Emergency Power Systems revealed a cost of $390,000, not including engineering services or HST, for implementation of emergency power systems at each location. These WWTF's currently do not have backup power in case of a power interruption. The facilities must be manually reset and started. This project is contained within Water and Sewerage Utility Fund Capital Program for consideration in 2009 (Appendix R). The outcome of the Morna Heights and Greenwood Wastewater Treatment Facility Efficiency Study revealed that even if these facilities are repaired to their original design, the effluent would not meet the Approval to Operate or the CCME Strategy requirements. However, repairs totaling $80,000 to optimize the current treatment levels of the facilities until such a time as treatment upgrades and service extensions are completed will be undertaken in the 2008 Wastewater Treatment Operating Budget for both facilities. The option to upgrade the Morna Heights WWTF ($640,000) has been accepted and a submission is included in the Water and Sewerage Utility Fund Capital Program for consideration in 2012. The option to eliminate the Greenwood WWTF and connect this 276 2007Annual Wastewater Report 22 area, including Mallette Road, with water and wastewater services ($3,300,000) to the existing services in Lakewood Heights has been accepted and a submission is included in the Water and Sewerage Utility Fund Capital Program for consideration in 2012 (Appendix R). Projects that were not included on the 2007 Capital Program include; construction of the Lily Lake Pavilion WWPS, Busby Street WWPS and Lancaster Lagoon Cell number 1 Biosolids Removal and Dewatering Preventive Maintenance Project which were all funded through the Operating Budget. Projects that will be continued into 2008 include; upgrades to Cedar Point and Westgate Wastewater Pumping Stations and design of the wastewater treatment system improvements (Appendix R). Projects that were deferred to 2008 include the Gault Road WWPS Electrical Upgrade and construction of the Eastern WWTF. Please refer to Appendix R for the 2008 Water and Sewerage Utility Fund Capital Program approved by Common Council. OPERATOR TRAINING & CERTIFICATION The Approvals to Operate require that an operator complete, as a minimum, the Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP) Constitution's education and experience requirements to write the wastewater certification exam. The water and wastewater operator training program curriculum offered by the NBCC -Saint John is acceptable and recognized as an equivalent for the condition of Approvals to Operate for: wastewater treatment, wastewater collection, water treatment and water distribution. The Approval to Operate stipulates that the Owner shall ensure that the certification level of the Operator in charge is equivalent to the classification of the wastewater treatment facility. The owner shall maintain, as a minimum, the following personnel levels based on the facility classification: Facility Name Facility Class Operator Certification Level Class 1 Class II Class III Class IV Millidgeville III 1 1 Hazen Creek II 1 1 Marsh Creek II 1 1 Lancaster II 1 1 Monte Cristo II 1 1 Morna Heights I 1 Greenwood I 1 277 2007Annual Wastewater Report 23 Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working jointly with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. Training is integral to improving the quality and efficiency of the operation in water and wastewater facilities. A number of formal training courses were offered to staff during 2007. Listed below are all formal courses that were offered, complete with a short descriptor. Air Brake Endorsement — Delivered by a professional equipment training organization, this is a one -half day course aimed at preparing the employee to successfully complete the Department of Motor Vehicle's practical examination on adjustment of air brakes, a requirement for attainment of a Class III operator licence. This training is a Career Development System requirement at Level V of the employment structure. Backhoe — This is a peer training program aimed at developing a basic operating skill level, familiarity with the safety inspection for this equipment and introduction to excavation safety issues. Chlorination Process Training - This training program was developed by NBCC- Saint John, in partnership with the City of Saint John. The goal is to develop knowledge and skill in application of industry- standard best practices in the safe - handling of chlorine, used in a variety of forms at the city's water and wastewater treatment facilities. This is a Level V course in the Outside Workforce Career Development System for Water Quality and Environmental Protection employees. CFI Common - Designed for experienced employees, this course is a critical component of the formal Water and Wastewater Training System, delivered by the NBCC - Saint John. It provides a solid basis upon which to build specialized training beyond the basic level in critical systems essential to the management of municipal facilities, including water distribution, wastewater collection, water treatment, and wastewater treatment. The course includes eight days of training, comprising the following units of instruction: General Knowledge, Support Systems, Administrative Systems, Field / Lab Demo. CFI Wastewater Collection - Career Field Intermediate Wastewater Collection is a formal NBCC training program residing at level XII of the Outside Workforce Career Development System, a senior supervisory level, in the Water and Sanitary Systems Career Field. The goal is to develop knowledge and skill in supervising and leading the application of advanced techniques in operation of a municipal wastewater collection system. Comprising five days of training, the agenda includes Wastewater Quality Management (1 day) , Wastewater Collection Process, (3 days) and a Review (1 day). 278 2007Annual Wastewater Report 24 CFI Water Distribution - Career Field Intermediate Water Distribution is a formal NBCC training program residing at employment Level XII of the Outside Workforce Career Development System, a senior supervisory level, in the Water and Sanitary Systems Career Field. The goal is to develop knowledge and skill in supervising and leading the application of advanced techniques in operation of a municipal water distribution system. Comprising five days of training, the agenda includes Water Quality Management (1 day), Water Distribution Process, (3 days) and a Review (1 day). This is an evaluated, CEU yielding program. CFI Water Treatment - Career Field Intermediate Water Treatment is a formal NBCC training program at employment Level XII of the Outside Workforce Career Development System, a senior supervisory level, in the Water Treatment Career Field. The goal is to develop knowledge and skill in supervising and leading the application of advanced techniques in operation of a municipal water treatment system. Comprising eight days of training, the agenda includes Water and Wastewater Quality Management (2 days), Comprehensive Evaluation of Water Treatment Plants (3 days), Advanced and Less Common Water Treatment Processes (2 days), and a Review (1 day). CFS Common — General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science related to water and wastewater systems. Confined Space Entry - Participants develop knowledge and skills in Confined Space Entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, standard operating procedures, confined space audit, confined space entry and confined space rescue. Confined Space Rescue - Participants learn to safely and effectively perform confined space entry and rescue. The course will cover procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment for rescue personnel, self contained breathing apparatus, rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, rescue procedures and engaging first responders. : a review of confined space entry 279 0 2007 Annual Wastewater Report 25 CPRIFirst Aid — This course provided for reasons of workplace safety, explains to individuals the fundamentals of first aid and basic life support. Customer Service - Participants learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer - centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values -based behaviour, elements of high quality service, implications of low quality service, service examples and lessons learned. Effective Communication - Facilitated by specialists in organizational development, this is a two -day training program, residing at Level IX of the Outside Workforce Career Development System, the junior supervisory job level. The goal of this program is to develop knowledge and skill in interpersonal and team communications in the context of our business, using a variety of techniques including role playing, group discussion, and case studies. The critical importance of effective listening and feedback technique is emphasized as a crucial element in the building of positive workplace relationships. Emery Site Management - This is a four -day training program in effective management of an emergency site. Currently offered by NBEMO, this course resides at Level XV of the Outside Workforce Career Development System, a senior leadership level in the employment structure. The goal of this course is to develop knowledge and skill in application of emergency management concepts and methods, including initial response, establishment of command post, on -site deployment of resources, co- ordination with EOC, interface with external agencies, monitoring and control, and support for responders. Fire Extimmisher In this course, participants learn how to classify the types of fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire classification, types of fire extinguishers, fire extinguisher rating, symbols used on fire extinguishers, selecting a fire extinguisher, use of fire extinguishers and inspecting fire extinguishers. Forklift a�ty - The aim of this course is to develop the skills needed to operate industrial lift trucks safely and effectively. It describes; requirements of OHS 91- 191 section 216, hazards to operators and pedestrians, hazard mitigation, function of controls and how to conduct a pre - operational inspection, navigate an obstacle course and stack pallets. Front End Loader — This is peer training program aimed at developing a basic operating skill level and safety inspections required prior to operating the equipment. Highway Sioale — Certifies that the employee has attended training on the proper methods of using traffic control signals, including such things as the :E 2007Annual Wastewater Report 26 employee's responsibilities, personal protective equipment, procedures and communication. HTE Payroll Participants learn to use the HTE payroll system for Hours Entry. The course includes instruction on general HTE procedures, payroll overview, hours entry and hours proof. HTE Work Requests & Job Order - This course teaches participants to use the City's HTE work request job order system. After an introduction to HTE system environment, participants learn how to create internal work requests /job orders, search for work requests /job orders and close job orders. h ydrofluorosilic Acid - This training program resides at employment Level V of the Water Treatment career stream, in the Outside Workforce Career Development System. The goal of this training program is the development of knowledge and skill in application of industry- standard best practices in the handling of hydrofluorosilic acid. Job Coaching - This course prepares peer trainers to become successful field coaches. The course covers understanding adult learning needs; the coaching process; setting up the field coaching environment; guidelines for instruction; guidelines for feedback; setting goals and objectives for the trainee; developing checklists; evaluation progress; learner reactions and feedback. Natural Gas Salty - Participants learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture also includes complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non - compliance, required work method and emergency procedures and hazards associated with natural gas. Occupational Health and Safety 2 - Participants learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit -based processes), the HSIS framework, implementation methodology and expected outcomes. Oxyacetylene - Participants learn to safely operate an oxyacetylene cutting torch and how to identify and describe hazards associated with oxyacetylene operation. Professional Driver Improvement - Participants develop skills to prevent collisions by learning a positive approach to driving. Resource Many e� - Participants learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis, inventory and purchasing procedures and fleet management procedures. 281 2007Annual Wastewater Report 27 Respiratory Protection Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews standard operating procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing, medical evaluations as well as maintenance and care of respirators. RigiW and Hand Si nag — Rigging and hand signaling is a one -day training program, the goal of which is to develop skill in application of industry- standard best practices in safe rigging and de- rigging loads at construction sites, as well as in crew communications while working in the vicinity of heavy equipment bearing rigged loads. This course resides at employment Level V in the Outside Workforce Career Development System for operational employees. Supervisory Training —The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies. Tandem Training This course is part of the City of Saint John peer training system which is taught primarily using one -on -one coaching. The course varies from two to four days, depending upon the entry level skill of the trainee. The trainee is to attain industry standard levels of proficiency in; vehicle inspection, operator maintenance, safe - driving and fuel efficiency. Transportation of Danferous Goods Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents and dangerous occurrences. TrenchinSa ety - Its purpose is to teach safe trenching practices, introduce the dangers of construction excavations, the mechanics of trench cave -ins, potential hazards to workers, requirements under the Occupational Health and Safety Act and protective systems used to avoid trench cave -ins. WHMIS (Workplace Hazardous Materials Information System) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Salty - This course is to protect employees from vehicular traffic passing through construction sites. It teaches control procedures, personal protective equipment, general design instructions and emergency procedures. Appendix S provides a brief summary in tabular form of the staff members who attended the aforementioned courses during 2007. Subsequent to the training courses delivered by NBCC -Saint John; as summarized below, in 2007 a number of staff challenged and either achieved certification for the first time or achieved higher more advanced levels of certification. There could possibly be a number W 2007Annual Wastewater Report of additional certifications, as several employees attempted exams in December 2007, however, the results have not yet been received. Certifications Achieved in 2007 Class I Class II Class III Class I Class II Class I Class II Name WDl WDl WD WWC2 WWC2 WWT3 WWT3 TIM CULBERSON PAT HOGAN ART HOVEY JOE MARINO JOHN PERRY JIM PINEO JOHN RYAN TERRY STEVENS CHRIS WHITE Water Distribution, Wastewater Collection, s Wastewater Treatment 283 2007Annual Wastewater Report 29 In addition to the new certifications achieved by staff over the past year, Appendix T provides comprehensive summary of all staff certifications achieved to date. Training & Certification Plans Following each condition associated with operator training and certification deficiencies are up -to -date action plans. The action plans are designed to address deficiencies over specified periods of time. Operator Training Plan — Wastewater Treatment Operator Training and Certification This is an example for a Class II WWTF (Lancaster Lagoon, Marsh Creek, Hazen Creek); The Approval Holder shall employ, as a minimum, one (1) Class II Wastewater Treatment Certified Operator and one (1) Class I Wastewater Treatment Certified Operator to operate the wastewater treatment facility. The Approval Holder shall ensure that the Operators) responsible for the wastewater collection system have, as a minimum, the ACWWVCP Constitution's education and experience requirements to write a Class I Wastewater Collection System Operator Exam. Are training and certification requirements met? The following plan notes that all four Wastewater Treatment Operators currently meet the Approval requirements for Operator training and certification and the Operator Training Plan. 2007Annual Wastewater Report 30 Operator Certification — Wastewater Treatment and Collection With respect to certification requirements, as noted below, in each instance the certification level of the operator in charge is equivalent to the system classification. Treatment Operator Name Operator Certification Level System Classification Ralph Gilbert Wastewater Treatment Level III Level III Rick Hachey Wastewater Treatment Level II Level II Frank Hebert Wastewater Treatment Level II Level II Bruce Slovitt Wastewater Treatment Level II Level II Collection Present Operator Operator Name Operator Certification Level System Classification Patrick Hogan Water Distribution Class III Class I (for WWC) (Wastewater Collection Class II) Joseph Marino Water Distribution Class III Class I (for WWC) (Wastewater Collection Class II) Fred McGrath Water Distribution Class II Class I (for WWC) (Wastewater Collection Class II) Daniel Melanson Water Distribution Class II Class I (for WWC) (Wastewater Collection Class II) William Melanson Water Distribution Class II Class I (for WWC) (Wastewater Collection Class II) George Payne Water Distribution Class II Class I (for WWC) (Wastewater Collection Class II) James Pineo Water Distribution Class II Class I (for WWC) (Wastewater Collection Class II) HUMAN RESOURCES Responsible Staff Terrence Totten, F.C.A. City Manager Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Responsible for Saint John Water 285 Ralph Gilbert Certified Operator III Wastewater Treatment Rick Hachey Certified Operator II Wastewater Treatment 2007Annual Wastewater Report Eric Giffin, P. Eng. Deputy City Engineer Brent McGovern, P. Eng. Manager, Water and Wastewater Operations Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Peter Hanlon, P. Eng. Chief Water Quality Inspector Bob Ross Operations Manager, Distribution/Wastewater Collection John Clack Manager, Customer Services Kevin Rice, B. Sc., CET Operations Manager, Environmental Protection Jeremy Howley Associate Operations Manager, Water & Sanitary Systems New Hires Frank Hebert Certified Operator II Wastewater Treatment Bruce Slovitt Certified Operator 11 Wastewater Treatment Patrick Hogan Certified Operator III Water Distribution/Wastewater Collection Joesph Marino Certified Operator II Water Distribution/Wastewater Collection Daniel Melanson Certified Operator II Water Water & Wastewater Systems William Melanson Certified Operator II Water Distribution/Wastewater Collection George Payne Certified Operator II Water Distribution/Wastewater Collection Fred McGrath Certified Operator II Water Distribution/Wastewater Collection James Pineo Certified Operator II Water Distribution/Wastewater Collection During 2007, the City of Saint John hired 2 new employees in water operations. Name Status History Nicole Taylor Operations Manager, Water Resources & Quality Jeremy Howley Associate Operations Manager, Water & Sanitary Systems :. Date of Hire to City of Saint John January 2, 2007 May 14, 2007 31 2007Annual Wastewater Report Internal Staffing Changes 32 In addition to the new employees hired during 2007, there were numerous internal staffing changes which are summarized below. Name Status History Brock McConkey Progressed to Water Treatment Maintenance Specialist from a Water Treatment Maintenance Tech Jordan MacFarlane Progressed to Skilled Utility Worker from Labourer Adam Newman Progressed to Skilled Utility Worker from Labourer James Pineo Progressed to Certified Operator II Water Distribution and Wastewater Collection from Certified Operator I Water Distribution and Wastewater Collection Terry Stevens Progressed to Instrumentation Specialist (with Instrumentation and Industrial Electrical) from Instrumentation Specialist (with Instrumentation) Christopher White Progressed to Water and Sewer Maintenance Repair Specialist from Water and Sewer Pipelayer/Equipment Operator Wayne VanBeelen Death of Certified Operator II PUBLIC INFORMATION Communications During the 2007 capital construction season communication was regularly provided to citizens by means of weekly construction updates, a few examples of which can be seen in Appendix U. This information, compiled by staff in Municipal Operations & Engineering, was shared with the public via of the City of Saint John website, news releases carried in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. There are instances where special communications are required from time to time. The Millidgeville Wastewater Treatment Facility Upgrade Grand Opening event was advertised in the June Saint John Energy bills, the Telegraph Journal and District 8 schools. An Information Notice was hand delivered to residents of the west side near the Lancaster Lagoon regarding the Lancaster Lagoon Cell number 1 Biosolids Removal and Dewatering Project on September 25, 2007. An Information Notice was hand delivered to tenants of the Grandview and McAllister Industrial Park regarding illegal dumping and 287 2007Annual Wastewater Report 33 sewer By -law violations on August 9, 2007. An Information Notice was hand delivered to Rothesay Avenue and McAllister Drive businesses with grease traps — illegal dumping and sewer By -law violations on December 3, 2007. These Notices are included in Appendix V. COMMITMENT Treated wastewater enhances the public health of Saint John citizens and is vitally important as Saint John continues to grow. Significant advances continue to be made at Saint John Water with respect to wastewater treatment. However, much work remains and the City is committed to following through on its long -range plans for system improvement, including full collection and treatment of all wastewater. Sustained commitment, vision and strong leadership at every level, working with the community and regulators, will help stakeholders accomplish the essential objectives. :: rpa�* r ■ ■ R' � yy ■ � �t I ■ 7 ■ rr - '+ ■ � ` •�1�� III �/■ i ■ pot'SIN 4 M1= x 1 - I 1 . REPORT TO COMMON COUNCIL M &C #2007- March 11, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: ROCKWOOD PARK REDEVELOPMENT PLAN On February 18, 2008, Common Council heard presentations from Saint John Horticultural Association, Lily Lake Pavilion Inc. and Hathaway Trust Officials all encouraging Common Council to adopt the so called "Lily Lake Redevelopment Plan ". Although the preparation of this Plan began in early 2007 and is generally consistent with the Rockwood Park Master Plan prepared in 1987, the scheduling of Council meetings in late 2007 prevented a formal presentation being made. As a result, City staff tabled the Plan and sought Council's support as part of the 2008 Capital Budget. In the draft budget document, Council was asked to consider the following commitment. 2008 12009 Rockwood Park Redevelopment Plan 1 $2,799,448 1 1,910,729 At the last moment, Council decided that it simply did not have sufficient background information and as a result the final approved Capital Budget contained the following references; Lily Lake/Rockwood Park Redevelopment Total Costs 2,550,000 650,000 Third Party Investment 2,550,000 650,000 City Investment -Nil- -Nil- Economic Development Unspecified 12,749,448 1,910,729 In other words, Council did not approve any investment by taxpayers in association with the Redevelopment Plan but did make provision for a possible investment in this project, or for that matter other projects, should Council decide sometime in 2008 that such Q6%I91 Report to Common Council Subject: Rockwood Park Redevelopment Plan Page 2 projects were in the best interest of the community and consistent with the community vision. THE CURRENT SITUATION: At the moment, the Redevelopment Plan is somewhat at a standstill and it is for this reason that City staff is bringing the items forward. More specifically; 1) Despite the presentations made on February 181h, Common Council did not deal with the request. The stakeholders are awaiting Council's decision so that implementation plans can be put into place. 2) The matter of the flooding of the Pavilion has now been resolved. However, until some future work is done, the grounds around the Pavilion are less than satisfactory. Furthermore, the facility remains non - accessible by those with disabilities. 3) A decision needs to be made by the City as to how best invest the $1,000,000 provided by Emera Brunswick for road work. Is it simply to do work in front of the Pavilion, or is it best used to lever other funds in an effort to make real and significant progress implementing the Redevelopment Plan? 4) At the moment, Emera Brunswick is investing an additional $450,000 in what is becoming known at the Lily Lake Trail. This investment stems from the public consultation process and is in lieu of the trail directly along the pipe line. This private sector investment indicates support for the Redevelopment Plan. 5) The Horticultural Association needs to make decisions in consultation with the City with respect to the monies supplied by Emera for the purpose of improving linkages between the Public Gardens, the Pavilion and the campgrounds. 6) Finally, the area around Lily Lake is becoming much more active as a result of the renovated Pavilion. Staff is of the view that unless the City is seen as making progress toward a Plan, then the City will be criticized for only "partly doing" a job. RECENT ACTION TAKEN: Although Council did not make a decision, City staff did request a breakdown of the various projects that could be accomplished over a three year period, as opposed to the two years as proposed. A detailed project list is attached. Essentially, in order to W6SI Report to Common Council Subject: Rockwood Park Redevelopment Plan Page 3 complete the Redevelopment Plan over the next three year period the required investment levels are as follows; Note: All costs are exclusive of the City's HST Rebate. Year On: In year one (2008) it is proposed that the City would focus on doing all of the necessary road work, i.e. redesigning the entrance and doing work in and around Lily Lake Pavilion. Year Two: In year two, the focus would be on the Public Gardens, the connecting trails and both the Duck Pond and Heritage Pond. Year Three: In year three, emphasis would be almost entirely on the campground, the public picnic area and what is known as the east trail. Obviously, the most significant investment required is in year one and is entirely the responsibility of the City of Saint John. It involves road re- alignment and road improvements to the entrance to the Park. Projects in years two and three are aimed at enhancing the amenities in the Park, as well as improving trails, linkages and the campground. It is thought that the projects identified in years two or three have greater potential as being eligible for funding under other Federal / Provincial programs and /or support from the private sector. A PROPOSAL: Given this, the following proposal is being put forward for Council's consideration. 2008 2009 2010 Total Required City Investment 2916,053 2,168,788 1,292,069 6,376,910 Note: All costs are exclusive of the City's HST Rebate. Year On: In year one (2008) it is proposed that the City would focus on doing all of the necessary road work, i.e. redesigning the entrance and doing work in and around Lily Lake Pavilion. Year Two: In year two, the focus would be on the Public Gardens, the connecting trails and both the Duck Pond and Heritage Pond. Year Three: In year three, emphasis would be almost entirely on the campground, the public picnic area and what is known as the east trail. Obviously, the most significant investment required is in year one and is entirely the responsibility of the City of Saint John. It involves road re- alignment and road improvements to the entrance to the Park. Projects in years two and three are aimed at enhancing the amenities in the Park, as well as improving trails, linkages and the campground. It is thought that the projects identified in years two or three have greater potential as being eligible for funding under other Federal / Provincial programs and /or support from the private sector. A PROPOSAL: Given this, the following proposal is being put forward for Council's consideration. In support of this proposal, staff would offer the following; MOy 2008 2009 2010 Investment Required 2,916,053 2,168,788 1,292,069 Source of Funds Emera 1,000,000 600,000 500,000 City 2,000,000 500,000 300,000 Private Sector 200,000 100,000 Other Governments 800,000 400,000 In support of this proposal, staff would offer the following; MOy Report to Common Council Subject: Rockwood Park Redevelopment Plan Page 4 • It results in the City taking the first and most significant step, i.e., the necessary road work in the Redevelopment Plan. • The result of this road work will be: • To remove an existing dangerous curve in the road, a situation that had been identified more than a decade ago. • To provide a much better access to the Park, with improved parking. • To resolves the issues surrounding the Pavilion, the road into the Park and accessibility to the Pavilion • It "cleans up" what is an unsatisfactory situation in front of the Pavilion. It allows the other stakeholders, particularly the Horticultural Association, to take the initiative to: • Decide exactly where the Emera monies related to park improvements are best invested to lever other funds. • Work with the other stakeholders to investigate and make applications to other levels of Government for programs aimed at: Encouraging tourism product and development Protecting the environment Encouraging wellness through an improved trail system • Allows the stakeholders to develop a small capital campaign to approach the private sector for assistance with certain amenities (benches, signage, lookouts and interpretation signage). • Finally, it leaves over $900,000 in this budget line to provide Council with some flexibility to deal with other requests. OTHER ITEMS TO CONSIDER: TOURISM PRODUCT AND A COMMUNITY PLACE OF PRIDE At the moment, the City of Saint John is short of what are described as tourism products. Yes, our heritage properties and our exciting and unique uptown core have considerable appeal. However, in other areas, there is a need for improvements to our facilities. At the moment the City is embarking on a Master Plan for the redevelopment of both sides of Reversing Falls. However, potential redevelopment may be a couple of years away. As for Rockwood Park, the Plan is complete and work can commence in 2008. Secondly, Rockwood Park is currently experiencing increased interest from a number of different segments. This past year, the Pavilion has hosted a number of weddings, Q6x3 Report to Common Council Subject: Rockwood Park Redevelopment Plan Page 5 community events and celebrations by a number of immigrant communities. If done properly, this venue and this area will be one in which every citizen in our community can take pride. RECOMMENDATION: 1) That Common Council endorse the Rockwood Park/Lily Lake Redevelopment Plan and direct staff to work with the stakeholders towards implanting the Plan over the years 2008, 2009, and 2010. 2) Reallocate from the 2008 Capital Budget Line "Economic Development Unspecified" and amount of $2,000,000 to the line item Rockwood Park/Lily Lake Redevelopment Plan, with the understanding that said funds are to be used in conjunction with the $1,000,000 from Emera Brunswick specifically for "road work" to allow for improved pedestrian and vehicular traffic at the entrance to the Park and consistent with the attached list of projects for 2008. 3) To request the stakeholders to report back to Common Council in the fall of 2008 to provide an update on their efforts to obtain the additional funds required in 2009 and 2010. 4) Direct City staff to work with the various stakeholders to ensure that this significant piece of work can be designed and constructed with as little interference to operations at the Pavilion, the Campground and the Rockwood Park Barns. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER WWI BRUNSWIC PIPELINE An Emem Company March 9, 2007 Terry Totten City Manager, City of Saint John 15 Market Square Saint John, NB E2L 4L 1 P.O. BOX 910 1894 BARRINGTON' STREET Office: 902.450.0507 HALIFAX, NOVA SCOTIA HALIFAX, NOVA SCOTIA Toll free: 1.888,450,0507 CANADA B3J 2W5 CANADA 83J 2A8 Fax: 902.428.6104 www. Brun swic kp i pe 1 in e.com Ian Stead President, The Saint John Horticultural. Association P.O. Box 535 Saint John, NB E2L 3Z8 Dear Mr. Totten and Mr. Stead: Re: Endowment and Other Commitments On behalf of Emera Brunswick Pipeline Company Limited ( "Brunswick Pipeline "), I wish to confirm our commitment to provide an endowment to the City of Saint John (the "City") and the Saint John Horticultural Association ( "SJHA ") as well as various other commitments regarding the proposed Brunswick Pipeline and Rockwood Park, This letter confirms and outlines the tenns of the commitments as previously discussed with representatives of the City and the SJHA. Brunswick Pipeline appreciates the opportunity to work with the City and the SJHA and build a long -term partnership. Through the efforts of both parties we have come to appreciate the importance of Rockwood Park to Saint John area residents and its attraction for visitors to the City. The capacity of Rockwood Park to provide year -round recreation and refuge to young and old alike, regardless of financial means, makes it a vital community asset. The public hearing before the National Energy Board respecting the Brunswick Pipeline has concluded, and we expect to receive a decision on our application by mid 2007, Following receipt of a decision by the National Energy Board and ultimately Governor in Council, Brunswick Pipeline will make its decision on whether to proceed with the Brunswick Pipeline project. In the event the National Energy Board approves Brunswick Pipeline's preferred corridor following an existing electric transmission line through Rockwood Park, and Brunswick Pipeline decides to proceed with the construction of the natural gas pipeline in that corridor, Brunswick Pipeline makes the following cormnitments: 1. Brunswick Pipeline will work with the City to develop a construction plan for the natural gas pipeline within Rockwood Park. The plan will address procedures for activities such as clearing, environmental impact mitigation, blasting, pipe handling, pipe lay, communications with Park stakeholders and traffic management as required on adjacent streets, The City undertakes to keep SJHA fully informed of these activities and plans 0 "01 Terry Totten and IanStead March 9, 2007 Page 2 2. Brunswick Pipeline will work with the City to develop a restoration and maintenance plan and maintenance standards for the pipeline Right of Way (ROW) and specifically a trail suitable for walking/biking on that ROW as well as a re- vegetation strategy. Brunswick Pipeline will be responsible for the ongoing maintenance of the ROW trail. 3. Brunswick Pipeline will work with the City to develop a plan for graveled parking lots that will facilitate access by users of Rockwood Park to the ROW trail at both the east and west ends. Brunswick Pipeline will be responsible for the construction of the parking lots but will not be responsible for the ongoing maintenance of these parking lots. 4. Brunswick Pipeline will, in the event that the natural gas pipeline is decommissioned, consult with the SJHA and the City on the decommissioning plan and process, recognizing that any such decommissioning would be conducted in compliance with all applicable laws and regulations. 5. Brunswick Pipe] projects within I SJHA will work I-- -.- _.____.___._ specific projects parties have indi will meet the City with $2.15 million to fund specific capital in an effort to ensure tha aspirations of both the Ci improvements to the entrance amount, -stands that the City and the iese funds are invested in and the SJHA, given that both nd establishing linkages ation Center and the Pavilion Pa k� general y. Miese projects may me u e: on and the road modifications to rectify either the grade differential between the entrance to the Lilly Lake Pavilion and the adjacent roadway /parking area or redesigning the road network and parking areas prior to actually entering the Park landscape improvements to the Campground with the principal objective of making it "greener" improvements to the walking /lookoff trail that connects the Campground entrance to the Rockwood Park entrance via the ridge on the southern side of the Park improvements to the Saint John Horticultural gardens completion of the TransCanada walking trail Brunswick Pipeline understands that the City and SJHA are undertaking planning and costing work on these projects and will review the results with Brunswick Pipeline in advance of proceeding with the associated work. It is important to Brunswick Pipeline that the projects it supports are completed to a standard that speaks well of both Brunswick Pipeline and -the facilities themselves. The monies for these projects will be payable within 45 days following Brunswick Pipeline confirming that it intends to proceed to construct the natural gas pipeline. Q611.1 Terry Totten and IanStead March 9, 2007 Page 3 b. Brunswick Pipeline will establish a trust fund in the amount of S2 million, with the intention being to provide a lasting benefit through an ongoing source of income for the operation of SJHA. The terms of reference of the trust will be discussed with the City and with the SJHA. The trust fund will be established within 45 days of Brunswick Pipeline confirming that it intends to proceed to construct the Brunswick Pipeline. Brunswick Pipeline will provide, in addition to the funds referred to above, the amount of $1.2 million to the City, with the intention that such funds be used to support recreation infrastructure projects. This funding will be provided on the later of 45 days following Brunswick Pipeline confirming that it intends to proceed to construct the Brunswick Pipeline project and 45 days following Council approval of a plan for expenditure of the funds. While the decision on expenditure is at the sole discretion of the City, we understand that the City will consult with Brunswick Pipeline, recognizing that the nature, scope and quality of projects to be funded are of importance to Brunswick Pipeline, Brunswick Pipeline also wishes to confirm its understanding that recognition of Brunswick Pipeline and Repsol for any or all of the commitments referred to above, and in particular those set out in paragraphs 5, b and 7, will be agreed to between the City, SJHA, Brunswick Pipeline and Repsol. Brunswick Pipeline appreciates the opportunity to continue working with and supporting the City and SJHA on these initiatives and bringing them to fruition. We look forward to forging a long- term community partnership. Yours truly, i_ Robin McAdam President Brunswick Pipeline ORYA Ad %,,_ i.- r z Q 0 0 a :2-0 Q .c W to A) cu m CU m c o rn Z G> U E O C Y N O d tC N p a N a N U M O fC c v c 5 a: Y c N N c C cn U N � CL CO CD cu n C O- O O 'O > O N c ..Q E •Q C C CU N > M C (a U CD C C N 'O — Ca O ~ O c Q � `� c y O n n m Y cC c O m e C 0 O a ? O Q cu CO �cII ' N � o fCC O p O v N U N N a O t �3 O) c O O O Cl) N IL cm O cC Y C C U Z! "C m C13 O N O C C>, N CU CU v .a v = C N O C U L O `m -0-0-0-0 t0 O C tq �v E c`v c ca ca O M a) a — a' -3a 3 ai = t� •� 0 N — " �' O V " 'a o 'a cu cu u r Cn 075 CL a .� O v 'o N Q 0 a�i O E E Co y .� co aXi ccc a3i axi 3 3 •X 3 43) E c c y n O c c CU O O U 0 R O ` NCL N i 12 O O O O ` O O O Goan 0CN L d m d O L O O > O IL z Q 0 0 a :2-0 Q .c W to 4 J • ,�• 1• tJ J,, v w.,..,_. 1S o h \ r�TiK cl °• i i V R Y 3 -.a It `t Nit ie.a IN nA 4-AA, All a -.a It `t Nit ie.a i c� CL 06 w M Q) Ull O _N W O ca CL N c� J J 0 O CL N ca J J J r K � & w w t z AAs y � , L/ t I Y: �I Oa r � N r � j III I t 4 \ T f i 49 OL_. K t It` vs Q) a .o m a c 0 CL U O C) P O O O ,O Q N Y co J "top, • V O O .j (0 N Y M J zz, J Rockwood Park Redevelopment Projects Conceptual Cost Estimates February 25, 2008 PHASE 1- 2008 1. Roads and Parkins E3[--)A omm L.,t �JLjcA, re Avc4 i to rtJ Bya M:,in Sheri $Ls— NB FAF 1M5 G a n a d a 2. Lily Lake Pavilion Area Quantityl Quantit Unit Unit Price Cost Items 21 each $7,000.00 $147,000.00 Pedestrian Lights 1700 m2 $25.00 $42,500.00 Trail 135 each $600.00 $81,000.00 Street Trees 45 each $250.00 $11,250.00 Coniferous Trees 120 each $75.001 $9,000.00 Shrub Planting 7250 m2 $7.50 $54,375.00 Topsoil and sod 1 lump $25,000.00 $25,000.00 Lake Drive Storm Water Control 1 lump $20,000.00 $20,000.00 Entry Markers- Hawthorne Ave. 1 lum $60,000.00 $60,000.00 Main Entry Gate / Si na e 1 lump $40,000.00 $40,000.00 Planting/ Walkways at community Garden 1 lum $45,000.00 $45,000.00 Stone Retaining Wall Armour rmour 1 lump $10,000.00 $10,000.00 Overflow Parkin Area 1 lump $0.00 Relocate Hydro 1 lump $1,200,000.00 $1,200,000.00 Entrance Road and Municipal Services 1 lump $20,000.00 $20,000.00 Relocate Reception Building (provide new roof, siding and service $35.00 $28,000.00 New Asphalt Campground Enta Road 800 sq.m Subtotal $1,793,125 20% Contingency $358,625 15% Design & Engineering $322,763 HST $86,608 Total $2,561,120 2. Lily Lake Pavilion Area Quantityl Unit Unit Price Cost Items 2 1 each $7,000.00 $14,000.00 Pedestrian Lights 5 sections $5,500.00 $27,500.00 Timber Boardwalk er Bo 750 sq. M. $130.00 $97,500.00 Unit 80 s . M. $400.00 $32,000.00 Unit Stone Retainin Walls 3 fli hts $10,350.00 $31,050.00 Exterior Stairs and Railing 46 I. M. $200.00 $9,200.00 Planter Curbs 1 lump $15, 0$ $ ,000.00 Landscaping - trees, shrubs, perennials $7.50 7 $8.00 $8,250.00 Topsoil and sod 1100 1 s . m. lum $14,000.00 $14,000.00 Furniture - benches, waste receptacles, bike storage Subtotal $248,500 20% Contin enc $49,700 15% Design & En ineerin $44,730 HST $12,003 Total $354,933 Phase 1 Total $2,916,053 0itl PHASE 2- 2009 1. Public Gardens Items Asphalt Parking Area Concrete Curbing Unit Paving Walkway Remove Fence New Multi -use Trail Quantity 600 107 245 285 1 Unit sq.m lin.m sq.m lin.m lump Unit Price $15,000.00 $15.00 $25.00 $1,300.00 $250.00 $100.00 $2,000.00 $30,000.00 $5,000.00 $5,000.00 $400,000.00 $50,000.00 $7,000.00 Unit Price $35.00 $90.00 $125.00 $15.00 $10,500.00 Cost $21,000.00 $9,630.00 $30,625.00 $4,275.00 $10,500.00 North Pedestrian Entry South Pedestrian Entry Historic Lights Topsoil and Sod ,Asphalt Trail 3m width [Planting Herita a Lighting 1 1 10 1140 456 1 1 lump lump each sq.m sq.m lump lump $40,000.00 $20,000.00 $7,000.00 $7.50 $25.00 $10,000.00 $200,000.00 Subtotal $40,000.00 $20,000.00 $70,000.00 $8,550.00 $11,400.00 $10,000.00 $200,000.00 $435,980 Subtotal $665,950 20% Contingency $87,196 15% Design & Engineering 15% Design & Engineering $78,476 $32,165 Totall HST $21,058 Total $622,710 2. Duck Pond Items Re grade Pond Edges Asphalt Demolition Asphalt Walkway 3m) Duck Feeding Lookout Stone Retaining Wall Duck Feeding Lookout Railing Duck Feeding Lookout Granite Cap Duck Feeding Lookout Granite Bollards Seating Area and Historic Structure Bridge Evaluation Dam Evaluation Lake Drive Bride Pedestrian Bridge and Railing Pedestrian Lights Quantity 1 360 730 20 20 20 8 1 1 1 1 1 4 Unit lump sq.m sq.m Lm Lm Lm each lump lump lump lump lump each Unit Price $15,000.00 $15.00 $25.00 $1,300.00 $250.00 $100.00 $2,000.00 $30,000.00 $5,000.00 $5,000.00 $400,000.00 $50,000.00 $7,000.00 Cost $15,000.00 $5,400.00 $18,250.00 $26,000.00 $5,000.00 $2,000.00 $16,000.00 $30,000.00 $5,000.00 $5,000.00 $400,000.00 $50,000.00 $28,000.00 Deciduous Trees Shrubs Perennials Topsoil & Sod Clearing and Thinning Slope Benches Waste Receptacles Si na a Stones Bike Rack 20 1 1 240 1 8 2 3 3 each lump lump sq.m lump each each each each $600.00 $15,000.00 $5,000.00 $7.50 $2,000.00 $1,500.00 $1,000.00 $2,000.00 $1,500.00 $12,000.00 $15,000.00 $5,000.00 $1,800.00 $2,000.00 $12,000.00 $2,000.00 $6,000.00 $4,500.00 Subtotal $665,950 20% Contin enc $133,190 15% Design & Engineering $119,871 HST $32,165 Totall $951,176 091-1j 3. Heritage Ponds Items Quantityl Fence Relocation 100 Stonedust Walkway 3m width Hi hwood Trail) 1 Dam Reconstruction 1 Bridge Evaluation 1 Carriage Bridge Repair & Railing 1 Look -out 1 Waste Receptacles 2 Benches 4 Trees Hi hwood Trail 6 Shrubs and Perennials 1 Si na a Stones 3 Unit lin.m lump lump lump lump lump each each each lump each Unit Price $30.00 $6,000.00 $5,000.00 $25,000.00 $1,000.00 $1,500.00 $600.00 $6,000.00 $2,000.00 Subtotal Cost $3,000.00 $6,000.00 $0.00 $5,000.00 $0.00 $25,000.00 $2,000.00 $6,000.00 $3,600.00 $6,000.00 $6,000.00 $62,600 Unit Price $15.00 20% Contin enc $12,520 770 420 57 1 1 4 1 15% Design & Engineering, $11,268 $7,700.00 $4,200.00 $570.00 $15,000.00 $10,000.00 $8,000.00 $6,000.00 $56,510 HSTI $3,024 Totall $89,412 4. Lily Lake Trail Items Quantity Upgrade Existing Trails 3060 Boardwalk Stream Crossing 1 Lookout Structures 3 Furniture benches, waste receptacles, bike storage) 1 Water Access Points 2 ILandscaping planting, slope repair) 1 Water Quality Study 1 Unit sq.m lump each lump each lump each Unit Price $15.00 $15,000.00 $30,000.00 $46,500.00 $5,000.00 $75,000.00 $15,000.00 Subtotal Cost $45,900.00 $15,000.00 $90,000.00 $46,500.00 $10,000.00 $75,000.00 $15,000.00 $297,400 Unit Price $15.00 20% Contin enc $59,480 770 420 57 1 1 4 1 15% Design & Engineering $53,532 $7,700.00 $4,200.00 $570.00 $15,000.00 $10,000.00 $8,000.00 $6,000.00 $56,510 HST $14,364 Total $424,776 5 Highwood Drive Multi -use Trail and Mountain Walk Trail Items New Stonedust 1.5m Trail- Hi hwood Quantity 336 Unit sq.m Unit Price $15.00 Cost $5,040.00 Upgrades to Mountain Walk Trail Upgrades to Hi hwood Trail Hi hwood to Mountain Walk Connections Lookout/ Seating Area- Mountain Walk Trail Mountain Walk Trail Stone Stair Si na e Boardwalks and Culverts 770 420 57 1 1 4 1 sq.m sq.m sq.m lump lump each lump $10.00 $10.00 $10.00 $15,000.00 $10,000.00 $2,000.00 $6,000.00 Subtotal $7,700.00 $4,200.00 $570.00 $15,000.00 $10,000.00 $8,000.00 $6,000.00 $56,510 20% Contingency $11,302 15% Desi n & Engineering $10,172 HST $2,729 Total $80,713 Phase 2 Total $2,168,788 0916.1 PHASE 3- 2010 1. Campground Items Quantity Unit Unit Price Cost New Full Service Site water only) 4 each $1,500.00 $6,000.00 New Full Service Site (electrical and water ) 11 each $5,000.00 $55,000.00 New Tent Site 15 each $1,500.00 $22,500.00 Remove and Restore Tent Site 1 lump $2,000.00 $2,000.00 Remove and Restore Full Service Site 1 lump $4,000.00 $4,000.00 Multi -use Building 10m x 15m 1 lump $100,000.00 $100,000.00 New Steel Roof and Hardii Plank Siding for Existing Building 3 each $25,000.00 $75,000.00 Concrete Curbing 550 lin.m $90.00 $49,500.00 Gravel Top Up of Roadways and Campsites 1 lump $10,000.00 $10,000.00 Remove and Restore Existing Roadway 1500 sq.m $25.00 $37,500.00 Stonedust Trail 2.5m width 600 sq.m $15.00 $9,000.00 Deciduous Tree 60mm Cal 70 each $600.00 $42,000.00 Deciduous Tree 40mm Cal 81 each $450.00 $36,450.00 Coniferous Tree 1 m Height) 40 each $200.00 $8,000.00 Coniferous Tree 1.5m Height) 40 each $250.00 $10,000.00 Shrubs 250 each $75.00 $18,750.00 Topsoil and Seed 1 lump $10,000.00 $10,000.00 New Chain Link Fence 2.5m Height) & Control Gate Relocation 280 lin.m $60.00 $16,800.00 Timber Bollards 50 each $250.00 $12,500.00 Subtotal $525,000 20% Contingency $105,000 15% Design & Engineering $94,500 HST $25,358 Total $749,858 2. Public Parking and Picnic Area Items Quantity Unit Unit Price Cost Asphalt Parking 1100 sq.m $35.00 $38,500.00 Concrete Curbing 185 lin.m $90.00 $16,650.00 Remove Existing Road and Restore 1 lump $5,000.00 $5,000.00 Remove and Repair Existing Tent Sites, Road and Storage areas 1 lump $10,000.00 $10,000.00 New Stonedust Trail 1.8m width 288 sq.m $15.00 $4,320.00 New Chain Link Fence 2.5m) 290 lin.m $60.00 $17,400.00 Planting- Trees and Shrubs 1 lump $15,000.00 $15,000.00 Topsoil and Seed 1 lump $5,000.00 $5,000.00 Picnic Tables 6 each $1,200.00 $7,200.00 Benches 6 each $1,500.00 $9,000.00 Waste Receptacles 3 each $1,000.00 $3,000.00 Bike Racks 2 each $1,500.00 $3,000.00 Pedestrian Lights 8 each $7,000.00 $56,000.00 Subtotal $190,070 20% Contin enc $38,014 15% Design & Engineering. $34,213 HSTJ $9,180 Totall $271,477 3. East Trails and Pond Items I Quantity Unit I Unit Price I Cost Multi -use Stonedust Trail (3m width) 1 750 1 sq.m 1 $15.00 $11,250.00 aN Stonedust Trail (1.8m width ) 180 sq.m $15.00 $2,700.00 Boardwalk Stream Crossing (2m width ) 6 lin.m $1,800.00 $10,800.00 Lookout Area 4m Diameter 1 lump $5,000.00 $5,000.00 Restore Existing Roadway 5m width to Trail 2m width 750 sq.m $25.00 $18,750.00 Restore Existing Roadway 5m width to Trail 3m width 500 sq.m $25.00 $12,500.00 Topsoil and Seed all Disturbed Areas 2360 sq.m $5.50 $12,980.00 Asphalt Parking Concrete Curbing- Parking Island 600 110 sq.m lin.m $35.00 $90.00 $21,000.00 $9,900.00 Remove Existing Roadway Island (restore roadway 7m width ) 1 lump $0.00 Pond Grading/ Brush Removal 1 lump $25,000.00 $25,000.00 New Dam at Pond Area 1 lump $0.00 Pond Lookout Stone Retaining Wall 12 lin.m $1,300.00 $15,600.00 Pond Lookout Railing 12 lin.m $200.00 $2,400.00 Flag Stone Surface 25 sq.m $250.00 $6,250.00 Flat Stone Seating 2 each $800.00 $1,600.00 Planting- Native Plant Restoration/ Canopy Trees 1 lump $20,000.00 $20,000.00 North Parking Asphalt Removal 90 sq.m $25.00 $2,250.00 North Parking Area Curbing 30 lin.m $90.00 $2,700.00 North Parking Area Topsoil and seed 90 sq.m $5.50 $495.00 North Parking Area Stonedust Trail Extension 25 sq.m $15.00 $375.00 Si na a Stones 4 each $2,000.00 $8,000.00 Subtotal $189,550 20% Contingency $37,910 15% Design & Engineering $34,119 HST $9,155 Total $270,734 Phase 3 Total $1,292,069 Grand Total $6,376,910 311 Committee of the Whole — Closed M & C —2007-226 July 12, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Debt Capacity Implications of Capital Program BACKGROUND: In July of 2006 a report (copy attached Appendix 2) was presented to Common Council by Acting Treasurer Andrew Beckett related to the long -term financial plan for the City of Saint John. In this report Mr. Beckett discussed the various items that would have an impact on the operating budget for 2007 and beyond. Items that were going to impact the 2007 budget were Pension Plan funding, Police Commission costs in terms of requested increases in personnel, road maintenance and capital from operating. Beyond 2007 the issues that were identified were the need to fund recurring capital expenditures, the uncertainty of Unconditional Grant funding after 2008, alternative sources of revenue, capital expenditures, and wage costs. All of these issues are still critical in terms of the City's long -term financial plan however the focus of this report is to discuss the level of capital expenditures being contemplated by Common Council and the resulting impact on debt levels, debt service ratio, and the tax rate should the many projects being discussed be undertaken. In his report of July 2006 Mr. Beckett cautioned Common Council of the perils of increased capital spending. A major concern highlighted in this regard is the City's vulnerability to increases in long -term interest rates as debt levels rise. The purpose of this presentation is to provide Council with an overview of the impact on total debt, debt service costs, and the tax rate for the level of capital expenditures that we identified for the years 2007 to 2011. 312 Report to Common Council March 28, 2008 ANAI,VCIC- Page 2 There are several factors that must be taken into consideration in terms of the debt levels that the City of Saint John may incur. The first of these relate to the relevant provisions of the Municipalities Act. Section 89 of the Municipalities Act outlines the restrictions on borrowings the relevant sections of which are reproduced below: 89(l) Subject to this section and the Municipal Capital Borrowing Act, a municipality may borrow money for municipal purposes. 89(2) A municipality shall not, in any one year, borrow for its current operations any money in excess of the sum represented by four per cent of the budget of that municipality for that year or five thousand dollars, whichever is the greater. (For the 2007 year the operating budget for the City was $112,041,669 which would allow a maximum borrowing for operating purposes of $4,481,667. Recently Council adopted a borrowing resolution which set this amount at $4,250, 000 for 2007.) 89(3) Subject to subsection (4), a municipality shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in that municipality. 89(4) Subject to subsection (5), where sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative a municipality may borrow the sum authorized by the plebiscite. 89(5) Subject to subsection (6), no municipality may borrow money for capital expenditures (a) where the amount to be borrowed would exceed six per cent of the assessed value of real property in the municipality, or (b) subject to the terms and conditions prescribed by regulation, where the annual charges to repay the total amount of money borrowed would exceed the percentage prescribed by regulation of the budget of the municipality. 89(6) The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed. The attached schedules (Appendix 1) outline the City's borrowings in terms of these prescribed limits. It is intended as part of this presentation to discuss these amounts in more detail. As can be seen from the attached schedules if all of the projects were undertaken and the funds borrowed as indicated the City would be in compliance with the Municipalities Act. However the over riding question would 313 Report to Common Council Page 3 March 28, 2008 be what would the impact be on the tax rate and on the City's ability to borrow for future projects. It is critical for Council to understand that the information contained in the attached schedules is based solely on estimates contained in the 2007 budget and that the actual impact on debt, debt service costs, and the tax rate can only be determined once actual costs have been determined and when the funds are actually advanced. In addition to the preceding discussion on the City's debt capacity Council must be aware of the cash flow implications of the capital program for both the General Fund and the Water & Sewerage Utility. In terms of funding our capital it has always been the practice to expend the monies and then borrow. For monies received through cost shared projects with the other levels of government it is normally the practice that we expend the funds and then make application for reimbursement of these funds. While this approach has served the City well in the past the projects currently committed (Harbour Clean Up) and those anticipated make it imperative that the City be diligent in its cash flow management. To this end it is proposed that we adopt for the next three to five years a process of issuing debentures on a scheduled basis as determined by the Commissioner of Finance in order to ensure adequate cash flow to support the operating and capital needs of the City of Saint John. As prescribed each request to borrow will require the approval of Common Council. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance 314 3/28/2008 CITY OF SAINT JOHN DEBT CAPACITY MPLICATIONS OF CAPITAL PROGRAM 315 APPENDIX I 3/28/2008 Assumptions & legislated parameters 1 Capital expenditures as outlined in 2007 Budget 2 No or marginal increase in long -term interest rates 3 Assessment base growth 4 Repayment term for borrowings in years 3.00% `N 5 Maximum annual capital borrowings as a percent of assessment base 2.00% 6 Total outstanding debt as a percent of assessment base 6.00% 7 Debt service ratio maximum under capital loan borrowing board 20.00% 8 Budget growth annually 3.00% 9 Interest as a percentage of principal 35.00% 10 Expenditure amount equal to 1 cent on tax rate 500,000 Page 1 of 1 316 co 0 0 N co N M O ('7 O O ('7 O O ('7 I` O 0 O N cc CD O N co I` 0 ('7 - O O F- m Z � U O ('7 CO O ('7 O O ('7 (�7 O O LO CD O O ('7 0 ti - O O F- m Z � U N � ti Z Q LL O }O} ULU ('7 LV 0 a W O o N N ti coo m C6 O O O o N O ('7 O ('7 ('7 O O ('7 co O O O O N ('7 O ('7 0 ('7 O _ O F- m Z � U 0 N I` N o O LO (� Z Q LL O }O} ULU 0 LU H O LV 0 a W O o N N ti coo m C6 O O O o N LL ti � O ('7 O ('7 ('7 O O ('7 co O O co CD N ('7 O ('7 0 � O ('7 ('7 O � N � N L N LO (Y) O ('7 O ('7 ('7 O ('7 O ('7 ('7 O ('7 O ('7 ('7 N ('7 O ('7 ('7 N ('7 O ('7 ('7 O � CO ('7 L N N (\A- 0 ('7 O ('7 O ('7 O ('7 O ('7 O ('7 CO ('7 O ('7 co ('7 O ('7 CO � CO ('7 LO N N N O ('7 O ( O � (ci 00 LO CO (C) N N O coo (�7 N I` N co LO O O W O O O ti � O ('7 N CO O ti � co N C( ('7 ('7 CO ('7 I` O (Y) ui co co co (Y) 'IT C7 'IT N O � co N H 'IT O I` O co co 00 N II 0 II 0 I` co O O c O O O 07 co co Q N C U M co N 0 Q LO O O O O c C N n O O O O O E O .0 .C: N N N N A O (D X O a W Z Z Z Z CL ('o O m a C7 0 w N II 0 II 0 0 a� 0) co 0_ MM LO � c C O 07 co co N LO co 0 0 LO co coo O (7 � O O co ('o C7 0 0 0 Lo (�7 ONO O O O ('7 ('7 N_ N O N CO 0 0 O O O CO N co O ti ('7 CD O O CO N co O O I` O LO � C i O C (� m >+ N � C O .� U 'a (n L Q Q (D Q 0 O O N c to O .0 .0 L L C N C (� � � N � N N Q N C (6 7 O (6 N E M L (o cy U1 O U1 G1 Q U H Q D 0 a� 0) co 0_ MM co O O N co N M O a� 0) co 0- W 00 0 0 0 0 ti ti N o 0 0 O O O 0 O O O N N L6 0 N 00 � r � O O � O O O LO 0 0 00 000 O � 0 0 M O O � O O O � (D O I� 0 0 N I� � O IT � � L 0 r ti r L 0 r 0 r O O � O O O C 0~0 000 O ti O 000 000 r LO I� O M O O � 0 O O 0 0 N N � O ti O � 00 r I-� r L CO N r 00 r O IT O IT O O O � � z O O 00 O O O O 'IT 00 00 z O O ? 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Q O U Z) X a) C: U L Z) U 1 L a) _ (B z U cu D m D d d H O H O a� 0) co 0- W r r O N O TMI O N O O O N O O O N Z ti _ O 0 O N H U ZE LL 0 F- L) 0 U co 0 0 N co N M X O U Q A 0 0 LO O C7 O 07 Q •U L Q 4- O N L U O U N � N 70 � 00 0 a� 0) co d U � O O O (C) o O O O I` O� � U) CV � yN N (D co � (D � U) U I` O C7 � N C7 (C) N D N O N Z O ti C7 O IT O O O C7 (6 V7 co CC) (Y N (C) C7 O I` o O O O ti co O � O O O � � N C7 (C) O LO L LO (Y) co C7 CC) co LO O LO � � LO O LO N � ti N C7 L N C7 I` O ti 0 co Lo C7 I` C7 I` � O co ti (C) LO O CC) CC) O O O O co O LO (Y) N I` O co � O (C) (C) co � � O LO co � ti N L C6 C7 N CC) C7 N In O o O ti ti if ) C7 O C7 � N LO LO O LO IT � LO O O N O (Y I` CC) C7 N C7 V O O CC) ti m N I` � C7 I` O C7 N L6 C7 L co O co O 0 � O (D 70 rn o coo 00 N O N_ N r 0 70 X O U Q A 0 0 LO O C7 O 07 Q •U L Q 4- O N L U O U N � N 70 � 00 0 a� 0) co d U � L U U) yN N Q 70 U) U 70 � Q U a U) N (o O H (6 O H N D U Ef> U Ef> N Z X O U Q A 0 0 LO O C7 O 07 Q •U L Q 4- O N L U O U N � N 70 � 00 0 a� 0) co d REPORT TO COMMON COUNCIL } M & C — 2008 -68 City of whit John 28 March 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Aerial Platform Truck BACKGROUND: At its' regularly scheduled open session meeting of January 7, 2008, Council adopted the following staff recommendation; "It is recommended that since staff consider this to be a "sole — source" purchase based on the need identified by the Saint John Fire Department and the fact that all evidence points to the fact that there is but one manufacturer that can supply a truck to meet that need, that Common Council set aside the City of Saint John Procurement Policy and authorize the Chief of the Saint John Fire Department and the City's Purchasing Agent to enter into direct negotiations with E -One Ltd for the purchase and delivery of one only Bronto 114 foot articulating boom fire aerial unit and further that upon conclusion of these negotiations staff bring forward a report to Council with the results of the negotiations and a further recommendation regarding the expenditure of the identified funds." The purpose of this report is to advise Council that the Fire Chief and your Purchasing Agent have successfully concluded discussions with E -One Ltd and wish to report the results c/w a recommendation for the expenditure of funds for the purchase of the apparatus identified. 320 Page Two Analysis: Since the make and model of apparatus had already been identified and permission had been granted to enter into negotiations for purchasing the type of unit identified, the primary objectives of the negotiations were to; 1) ensure the best possible cost for the required unit and 2) to expedite deliver. It was estimated during budget deliberations for the 2008 calendar year and based on historical information gathered that the approximate cost of a 114 ft articulating boom aerial fire apparatus in accordance with the City of Saint John's standards and specifications would cost in the area of $1,400,000.00 plus tax. This amount was set aside in the Fleet Replacement Budget. Also, based on historical data it was estimated that from the date of award of a publicly called tender, the delivery date for a newly built aerial apparatus of this type and to the City's specifications is traditionally 10 to 12 months. As stated it was our goal to improve on both of these factors by focusing not on a newly built truck as a result of a complex tender call, but to save time and money by seeking to purchase a demonstrator or "Program Truck" that could be economically retro fitted or modified to meet the Saint John Fire Departments needs. We believe the City of Saint John has accomplished its objectives! E -One Ltd has a 2008 Program Truck. This is a truck which is constructed on the speculation that someone will purchase it and modify it to their specifications before it is completed. However, if not purchased under that scenario, it is built to meet the basic and general fire department needs. This allows for ease of modification should a customer, such as the City of Saint John, wish to purchase it. By negotiating for the purchase of this truck, in his manner, staff was able to save on some of the costs to retrofit it to meet the department's needs and in addition saved 3% off the purchase cost had we tendered for a newly constructed 2009 model truck. Three percent represents the cost increase from 2008 model year trucks to the newer 2009 models. In addition to this cost savings, the City will, should Council approve the staff recommendation to purchase this truck, be in a position to take delivery within 30 to 45 days of notice. E -One advises that given the number of orders in house for Bronto trucks of various configurations, the estimated delivery time for a new truck, as a result of a tender bid, is now 14 months ( June 2009). 321 Page Three Financial Implication: As stated above, it was estimated at the time the Fleet Replacement Budget for 2008 was created that the cost of a new, 114 foot articulating boom, aerial apparatus would be $1,400,000.00. This was considered a reasonable estimate based on historical information. The program truck, as built to general fire department standards has a cost of $1,032,063.49. In order to be considered for purchase by the City of Saint John it is necessary to modify, retrofit and add basic equipment to this program truck. It has to be modified so that all fittings are to the City of Saint John's Standards for hoses and hydrants. It has to be retrofitted to meet the requirements of the Canadian Federal Government for metric compliance and vehicle safety. And finally there is certain basic equipment that is required on all City of Saint John Fire Apparatus in order to meet the minimum NFPA and City of Saint John standards. The total additional cost to modify, retrofit and add equipment to the program truck, as built, is $77,673.70. Therefore, the total cost to purchase a 2008 E -One 114 foot articulating boom aerial ladder truck that meets the requirements of the Saint John Fire Department will be $1,109,737.10. This represents a savings, under the budgeted estimate for the purchase of this apparatus of $290,262.90. Funds to cover the cost of this purchase are identified in the 2008 Fleet Replacement budget. Recommendation: It is recommended that the City of Saint John accept the offer of E -One Ltd., for the supply, through its authorized Canadian dealer - Carrier Emergency Ltd., of one only new program truck, specification number 50132653, 114 foot Bronto style articulating boom, aerial fire apparatus, in accordance with the negotiated additional specifications and requirements, and at the negotiated cost of $1,109,737.10 Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 322 March 31, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councilors: SUBJECT: RFP for Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls BACKGROUND The 2008 Capital Budget contains an allocation of $500,000 to begin the re- development of Reversing Falls and related areas into a world -class signature tourist attraction. Saint John Waterfront Development has identified the re- development of Reversing Falls as a priority project. The Harbour Passage Working Group ( "HPWG ") is providing assistance to the City in the project implementation. The Reversing Falls Rapids and its environs are unique natural phenomena. The City of Saint John desires to review the current tourism product, promotion and activities at three sites: Reversing Falls, Fallsview Park, and Riverside Drive. It is desired to integrate these sites and the recently developed Wolastoq Park into a signature brand that the City and residents can be proud of and can be marketed worldwide. To achieve the above goal the full development potential of the area must be examined. To do this a Request For Proposals ( "RFP ") was issued and widely advertised in order to engage a consulting firm or consortium ( "Team ") with proven expertise in developing site master plans, landscape and trail design, tourism product development and cultural, natural and historic interpretation. The Team will work with the HPWG to review existing conceptual designs for specific undeveloped sections of Harbour Passage and associated parklands and will provide specific recommendations on creating a "World - Class" tourism product and "Brand" with Reversing Falls Rapids as the centrepiece. The RFP stressed that the chosen Team must be creative in their vision and designs for the site. 323 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 2 To illustrate the level of creative vision desired the RFP contained the following sweeping statements: The new Reversing Falls "brand" must serve to make Reversing Falls a "Signature Attraction." The site must be recognized as a full service tourist destination and shall be one of the top tourist attractions in New Brunswick. The project must be complimentary to Harbour Passage and be compatible with the work of the St. John River Society and its "Lower River Passage" program. The final design must capitalize on the true uniqueness of the site.... All design elements must reflect creativity, uniqueness, and attention to detail, while also properly capturing the layers of history, character and culture that have shaped the City of Saint John, Saint John Harbour and the St. John River. The finished product must be truly "world- class" and generate intense community pride, and be appealing to tourists, including items of interest to children. The Product Development and Product Designs shall compliment and enhance Harbour Passage and must be fully compatible with the Guiding Principles for Waterfront Development in Saint John (as approved by Saint John Common Council in 2001). Due to the nature of the work and its potential to generate community interest, the selected Team is required to engage the general public early on in the process. The RFP advised that the work was to be substantially completed by October 31, 2008. ANALYSIS The Request for Proposals document was prepared by the HPWG and reviewed by staff. The proposal call was very detailed in the scope of the work to be performed and the expectations of the selected design team. The full scope of services required of the chosen Team is appended to this report. Prior to the receipt of any proposals a set of evaluation criteria were prepared against which all proposals would be rated. A committee with broad experience was established to review the proposals. It consisted of representatives from: the City of Saint John, the Saint John Development Corporation, the Harbour Passage Working Group, Tourism New Brunswick, the Fundy Trail Parkway and the St. John River Society. The reviewers were: Patrick Woods, Bernie Morrison, Kevin Carson, Curtis Langille, Bill MacMackin, Ross Jefferson, William Butler, Edgar Vye, Lynn White, Brian Clark and Molly Demma. Cindy Calvin, Assistant Purchasing Agent supervised the evaluation process. 324 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 3 The proposals were evaluated and rated independently by each reviewer using the evaluation criteria prepared in advance for: quality and completeness, the composition and capability of the design team, the experience of the design team in similar projects, the potential for creativity and cost. During the evaluation process the reviewers had no information on the cost each proposal as the cost of each proposal remained in a sealed envelope held by the Purchasing Agent. Two Teams responded to the Request for Proposals: ADI Limited, Saint John and Glenn Group Limited, Fredericton. Both proposals provided a broad consortium of professional firms to undertake the work. Both proposals were comprehensive and addressed all aspects of the services outlined in the RFP. The cost of professional services for work of this nature varies and is a function of the specific services requested. Prior to establishing the full scope of services to be contained in the RFP the estimate for the work was a range of $185,000 to $275,000. The Glenn Group proposal also included an option to conduct focus groups sessions in Halifax, Toronto, Ottawa and Boston. The focus groups would explore perceptions, awareness and knowledge of New Brunswick, in particular Saint John, specifically as a travel destination; gauge potential visitors' reaction to a new attraction, including motivators and barriers; and test brand concepts designed to attract visitors to the attraction. The cost for these target focus group sessions is $35- 50,000 + HST. There is considerable merit in using these types of sessions to evaluate the ideas that are developed, prior to making major capital investments. It is proposed that a decision on the use of focus groups to assess the product be deferred to later in the process once the concepts are better known with certainty. A separate report will be submitted to Council in this regard. The scope of services outlined in the RFP is multifaceted and requires the assembly of a team with unique skills and experiences. The Glenn Group Ltd. team consists of the following firms: Forerunner Creative, Strategic Tourism Planning, Fredericton Urban Strategies Inc., Land Use Planners, Toronto DFS Architects, Saint John Ekistics Planning and Design, Landscape Architects & Riparian Planners, Halifax Form:Media, Interpretative Planners and Graphic Designers, Halifax LANDinc, Landscape Architects and Urban Designers, Toronto Jacques Whitford Limited, Environmental Scientists and Engineers, Saint John Godfrey Associates Ltd., Civil Engineering, Saint John Fundy Engineering, Electrical Engineering, Saint John Philips engineering & Construction Services Ltd., Structural Engineers, Fredericton Quest Works Inc., Cost Estimators, Saint John Refresh, Market Research, Halifax Argyll Associates Limited, Mechanical Engineers, Fredericton AtlantexCreativeWorks, Interpretation Exhibit Fabricators, Halifax 325 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 4 Included in the Proposal Cost submitted by the Glenn Group Ltd. is a Cash Allowance of $50,000. All bidders were directed to include this amount in their cost proposal. These monies are to be used to pay for specialized work and services to be identified as the project proceeds. The successful Team will manage the work at their proposal price and draw from the Cash Allowance to pay for third party services. In Phase II of the proposed work the Team will be required to manage specialized work and consultants including: all work required to satisfy the EIA, Watercourse Alteration Permit Navigable Waters Protection Act, R.S.C. 1985, c. N -22, Historic Rights Protection Act, S.N.B. H -6 as well as approvals under the CEAA, identified in Phase I, all work required to conduct slope stability analysis, foundation analysis and assessment of bedrock. The out of pocket costs for the fees charged by third party service providers for this work shall be paid for from the Cash Allowance. Where the work requires expenditure from the Cash Allowance prior approval must be obtained and the Team may be required to obtain competitive quotations determined at the discretion of the HPWG. Recommendation of the Proposal Evaluation Group It is the unanimous opinion of the reviewers that the proposal presented by Glenn Group Ltd. is the best response to the requirements outlined in the RFP. The City of Saint John Manager of Purchasing, Mr. David Logan and Assistant Purchasing Agent, Cindy Calvin have been involved with this selection process and concur with the recommendation. RECOMMENDATION It is recommended that Common Council: Approve the engagement of the Glenn Group Ltd. in association with the companies identified in the proposal, Development Services Reversing Falls — Lower River Passage, dated March 06, 2008 to undertake the scope of services detailed in its proposal at a cost of $239,330 + HST and that such monies be allocated from the 2008 Capital Budget (Reversing Falls West). Respectfully submitted, J. Patrick Woods C.G.A. Deputy City Manager 326 Terrence L. Totten, F.C.A., City Manager M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 5 APPENDIX Proposal Development Services: Reversing Falls — Lower River Passage Scope of Services Note: This is a partial extract from the RFP. The complete proposal is available on City of Saint John web site. Project Order: This work will be carried out in three phases. Phase I will provide a master plan of proposed development opportunities supported with concept drawings, renderings of suggested improvements; Phase II will provide extensive site investigation and detailed budget estimates for the various products and developments identified in Phase I that the COSJ chooses to further investigate; Phase III will be the preparation of final design and tender ready documents for one or more specific products. It is the intent of the COSJ to award the work specified in this proposal on or before April 14t''. While the work will be undertaken in three phases, described more fully below, the Project Team must receive approval before commencing work on any phase. This will provide the COSJ[HPWG and the Project Team with the opportunity at the commencement of each phase of the work to agree specific products to be developed further and on any changes to the scope of the work, should any changes become necessary. Proposals shall provide a detailed work plan and schedule, showing the schedule for each phase, such that the work of all three phases could be completed by October 31, 2008. For this purpose assume that the award of proposal will be on April 14, 2008. While all three phases of the work must be addressed in the proposal, proposers are advised that the COSJ will be awarding work for only Phases I and II at this time and the COSJ reserves the right at its sole discretion to negotiate with the successful Team to provide the scope of services defined as Phase III. Phase L• Product Development Generally consists of overall concept development and preliminary design for tourism infrastructure (product), tourism marketing themes and promotion, branding the "product', identifying interpretive themes, identifying best locations to develop specific product, identifying activities and events to create a year -round tourist attraction. This phase shall include a review of existing parklands, Harbour Passage and Fallsview Park conceptual designs and shall integrate the new product with these designs or provide modifications. During this phase the Team shall consider the opportunities for all of Fallsview Park, however, future work on proposed development in Fallsview Park in phases II and III will 327 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 6 be focused on the COSJ property. For clarification, for the purposes of this project, Fallsview Park includes the land in and between the St. John River and Harbourview Hugh School, but does not include Marble Cove. During Phase I the Team shall identify all environmental concerns requiring further study or permitting in later phases. The work shall also identify specific areas where soil and /or foundation investigation such as slope stability analysis and assessment of bedrock are required prior to design and development. While performing the work, the team shall be aware that the COSJ desires that the final product will provide a memorable experience to all visitors to "Reversing Falls" regardless of the time of day or season they arrive. For clarification, since the Reversing Falls phenomenon is related the tidal action of the Bay of Fundy it is desired that all visitors can experience the wonder of the falls even during slack times. The product development work shall consider and capitalize upon the Province of New Brunswick Bay of Fundy promotion initiatives. Scope of Work in Phase L• ➢ Develop a Master Plan for the project area that may be easily broken down into development components that could be executed on a stand -alone basis ➢ Provide concept drawings /renderings for all proposed improvements ➢ Develop a "world -class brand" for the improved "Reversing Falls Product" ➢ Research and develop interpretative themes (including cultural, historic and natural components, geology, hydrology, tides, fortifications, etc.) for the study area and its environs ➢ Review and consider the fit of a proposed UNESCO "Geopark" being championed by Dr. Randall Miller, Curator of Geology and Paleontology at the New Brunswick Museum ➢ Review and consider the fit of the St. John River Society "Lower River Passage" program ➢ Identify best location/options to establish a year - round, full service Interpretative /Visitor Information Centre that the City will own or lease as part of a private commercial enterprise ➢ Recommend best fit and integration of Reversing Falls Park, Fallsview Park and Riverside Drive, which includes physical development, event and activity potential, and promotional themes and strategy. The focus in Fallsview Park shall be on COSJ owned property ➢ Review all existing reports, concept plans, and other documents relevant to the work ➢ Consult with Municipal Operations regarding transportation issues especially Simms Corner re- alignment ➢ Research and recommend appropriate promotional theme(s) for Reversing Falls and Fallsview Park ➢ Provide options and themes and locations for public art 328 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 7 ➢ Provide suggestions on programming (including any necessary capital improvements) to make "Reversing Falls" a "people place" ➢ Present concept design for parking and traffic circulation as well as vehicle and tour bus access points ➢ Provide creative signage concepts for the entrances /access points to Reversing Falls and Fallsview parks that are reflective of the new "brand" ➢ Review current highway billboards and provide recommendation on best locations (north, west, east city entrance points) and on a simple eye - catching message that will grab visitors attention ➢ Identify site placement of commercial opportunities at Reversing Falls and /or Fallsview Park areas ➢ Identification of natural and geologic features worthy for interpretation and best locations and options to do same ➢ Consider appropriate locations for washrooms and related amenities ➢ Ensure that appropriate linkages can be developed connecting Wolastoq Park, Harbour Passage, Riverview Park, Bentley Street, provincial highways, Trans - Canada trail system and Harbour Bridge ➢ Identify all property ownership within the development area (this information will be made available from COSJ upon request at no cost to the Team) ➢ Review and recommend the need for slope stability and soil and or foundation analysis for specific projects ➢ Meet with municipal /provincial tourism officials, the tourism industry and local tourist operators ➢ Organize meetings with impacted property owners, professional organizations/ associations as necessary ➢ Organize and conduct at least two meetings for the public. One meeting will be held early in the work and another near the completion of the work ➢ Meet with the HPWG as required. The HPWG meets bi- weekly ➢ Identify any provincial /federal /municipal permits, approvals that may be required, including but not limited to environmental, archeological, building, and historical issues ➢ Provide suggestions on potential funding partners other than government and its agencies such as corporations /foundations /individuals who have supported similar development projects ➢ Preparation of Class C estimates based on designs, including optional phasing with estimated construction time -lines ➢ Provide renderings in colour of overall site master plan and more detailed rendering of Fallsview Park and Reversing Falls Park area. Renderings shall be in B 1 size mounted on foam core and laminated. The proponent shall be prepared to provide one copy each up to a total of seven (7) such renderings as directed by the HPWG at no additional cost. Electronic copies shall be provided for all such work 329 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 8 Phase IL• Site Investigation, Concept Design Enhancement and Preparing Substantive Estimates The work shall consist of detailed site investigations of the major components identified during Phase I, along with enhanced concept design and the preparation of detailed estimates. Without limiting the creativity of the work in Phase I the proponents are advised that the order of magnitude of the development components contemplated for Phases II and III is $3.5 Million - $4.5 Million. Scope of Work in Phase II ➢ For each project /product presented in Phase I by the Team, and with agreement of the HPWG more fully develop conceptual plans after thorough review of site conditions in sufficient detail to allow a decision to be made on the viability and soundness of proceeding with this project ➢ Concept designs /renderings and cost estimates provided in Phase I must be revised to account for changes and findings from soils investigations and /or feedback from the committee and public ➢ Provide artistic concepts and other collateral material to aid the COSJ in its efforts to obtain funding and or partnerships to advance the products /projects identified in Phases I and II. (Provide the COSJ with the necessary tools to market this project) ➢ For each project /product approved by the COSJ manage and direct all work required to satisfy the EIA, Watercourse Alteration Permit Navigable Waters Protection Act, R.S.C. 1985, c. N -22, Historic Rights Protection Act, S.N.B. H -6 as well as approvals under the CEAA, identified in Phase I. The out of pocket costs for the fees charged by third party consultants for this work shall be paid for from the Cash Allowance ➢ For each project /product approved by the COSJ manage and direct all work required to conduct slope stability analysis, foundation analysis and assessment of bedrock. The out of pocket costs for the fees charged by third party consultants for this work shall be paid for from the Cash Allowance ➢ Where the work requires an expenditure from the Cash Allowance prior approval must be obtained and the Team may be required to obtain competitive quotations determined at the discretion of the HPWG ➢ For third party professional /consultant services a cash allowance of $50,000 shall be included in this proposal. Items to be paid for under the Cash Allowance are pass - through transactions only. The Team will not mark -up or add profit to these items. For greater clarity this cash allowance will not be used to fund the environmental/soils /foundation investigation required in Phase I above ➢ Class B estimates shall be prepared for all work 330 M &C2008- Development Services: Reversing Falls — Lower River Passage Developing a World -Class Tourism Product at Reversing Falls Page 9 Phase III: Design The cost of the Phase III work is not to be included in response to this proposal. The COSJ reserves the right at its sole discretion to negotiate with the successful Team, members of the team or others to provide the services detailed in Phase III. The design phase will include expanding the concepts delivered in Phase I considering the site investigation work of Phase II and producing detailed tender ready designs, plans and specifications. Class A estimates are required. Scope of Work in Phase III: ➢ Prepare tender ready plans and specifications for a Harbour Passage brand trail /project and /or for buildings and structures to be determined from results of Phases I & II ➢ Design of all interpretative themes, materials and signage and development of required multi - lingual interpretative messages including actual wording and image selection (English, French and Aboriginal as required). The completion of the interpretative design work may extend beyond October 31st, such timeframe to be determined during Phase III negotiations. ➢ Design of all interpretative themes, materials and signage and development of required multi - lingual interpretative messages including actual wording and image selection (English, French and Aboriginal as required) ➢ Design and engineering of any required elevated boardwalks ➢ Design of all landscaping (including the selection of low maintenance plant materials, detailed planting drawings plans and planting budgets) ➢ Design, selection and layout of all roadways, lighting, benches, signage, fencing, safety features, trails and pedestrian crosswalks ➢ Design parking and restroom facilities ➢ Preparation of Class A estimates for the work 331 iz e COMMON COUNCIL M &C #2008 -61 March 27, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CRESCENT VALLEY (CVROC) A number of weeks ago, a request from the Crescent Valley Resource Center for assistance with their efforts in getting their neighbourhood organization "up and running" was received. Attached, please find a memo from staff in Leisure Services to the City Manager in which it is suggested that $25,000.00 for a one year period would be appropriate. RECOMMENDATION: That the Cit of Saint Jo provide financial assistance to the Crescent Valley Resource Center in the amou of $25,000 ' 2008 and that the City's ongoing direct participation will be reviewed as part o the 2009 b get deliberation to be conducted in the fall of 2008. CITY MANAGER ON Memo To: Terry Totten Fr: Kevin Carson Re: CVROC Funding Request March 26/08 Mr. Totten: I have followed up with Ann Barrett's CVROC request for $25,000 city funding grant. Dave O'Toole and I met March 20/08 with Ann, Barb Dickison, and David Hartley Brown — community police (all Board members inc Dave). Ann responded to my request (see attached) for more info with an itemized `wish list', budget, Board of Directors listing, new coordinator job description and Community Action Plan. We discussed their interests and found a feeling /commitment to partnerships for the well -being of the community. I believe CVROC is established, organized and representative of the Crescent Valley community to responsibly receive and use a City grant of $25,000. Leisure Services Department board membership is valuable to assist the monitoring of project planning and budget spending. This amount would be used to top up Coordinator's salary (Vibrant Communities committed $25,000 to staffing), part -time staff and building equipment. The City could further assist with donation of used computers. I do not see the City granting similar amounts to the other 4 Vulnerable Neighbourhoods until similar info is provided and groups actually make funding requests. My initial knowledge leads me to see the groups at various stages of development and need. It is important to note that these groups are individual associations. They will develop their own agendas based upon their leadership and interests. Vibrant Communities is a valuable partner for them but not their supervisors /directors. Recommendation: grant Crescent Valley Renew Our Community a $25,000 grant to service a one year period. 09191 CRESCENT VALLEY RESOURCE CENTRE 130 -136 Macl-aren Blvd Saint John, NB E2K 3G3 Phone 693 -8513 cvvibrant @nb.aibn.com March 14, 2008 Dear Mr. Carson : Crescent Valley residents & partners have accomplished a great deal over the last 2 %z years. A survey in the community with a huge 54% participation rate was completed by residents The results were presented to the wider community and it was followed by a " Speak Out" developed by both residents & partners. Using the results and suggestions from the survey and Speak Out, the voice of Crescent Valley has been heard and many new developments and improvements have occurred including the development of a Community Action Plan. (See Attached) The five goals outlined in the Action Plan are well on their way to completion. New roads, sidewalks, lights, stop signs and landscaping are providing a wonderful uplift to the overall community's safety and appearance. A Community Police Officer is now working closely with residents and the Department of Social Development has provided us with a new Resource Centre in the heart of the Community. The CV -ROC group which also came from the Community Action Plan continues to build community leadership and engagement. They assisted in forming the Board of Directors that will oversee the Resource Centre and the Community Development Coordinator. They are working closely with YEP, Youth Engagement Program, in Crescent Valley which is being supported by the T.R. Meighen Family Foundation and VCSJ. Also during the 2 %z years the residents have taken part in special presentations that have helped other groups to understand the impact and importance of Neighbourhood Development. These include 3 presentations at St Thomas University, Children's Health Task Force, Chief of Police, St. Joseph's Community Health Centre, Common Council, Department of Social development,2 National Conferences, and Vibrant Community SJ Reflection. Also with Vibrant Communities SJ funding we have mentored two Neighbourhood Assistants. 00111 We are almost ready to open our Resource Centre. Our Interim Board of Directors is in place and we are in contact with lawyers who are helping us to become Incorporated and registered as a charity. The Resource Centre will house the Community Police Officer, a Community Development Coordinator who we plan to hire, the YEP Coordinator, an office for CV -ROC, a health room and room for others. It will be used to run community meetings, events, youth programs and the highly requested support programs. We hope to have computers available for resident and youth use for learning computer skills, doing resumes, doing research, school reports or looking for job opportunities. The Community Development Coordinator (See Job Description) will facilitate & build long -term relationships between the Crescent Valley community & residents and other community, government and business representatives to assist them to implement its vision and the resulting action plan and strategies for neighbourhood leadership and renewal, which includes the Community Resource Centre. Vibrant Communities Saint John has been instrumental in building resident leadership and involvement in Crescent Valley. Having a coaching role has been vital to the success of building a strong neighbourhood and partnerships. Vibrant Communities SJ is providing us with $25,000 towards the cost and operating expenses associated with the Coordinator. The intent is to continue to support the leadership development and engagement of residents as outlined in the job description. The Department of Social Development is providing the use of the Resource Centre including heat, lights, security system, maintenance and cleaning. The YEP budget provides money for the Youth Engagement Coordinator, programs and will help them furnish their space that will include an office and a lounge /activity area. We have acquired 2 desks, 5 tables, a boardroom table, 20 folding chairs, several office chairs, a large bulletin board and 6 computers. Our greatest need to get us up and operating is to secure another $25,000 for the remaining %2 year salary and operating expenses. (See attached budget). After securing the money we need, we can advertise for the Coordinator. As far as the building and furnishing it, our first priority is blinds to cover the 27 window combinations. Other items we are in need of include several more desks, tables & folding chairs. We could use more computers. We would like to have file cabinets, office supplies, bookshelves, kitchen items, children's playroom items, cleaning supplies, coat racks, first aid kits, 09191 and the many other items that a new Centre requires. (See attached Wish List) Although we are working on securing funds from several partners it takes time to get them in place. We feel once we have a Coordinator and can begin slowly to get programs going we will be more able to get businesses and partners to help fund the necessary items we need to complete the building. Crescent Valley residents are anxious to see their new Resource Centre opened and to begin accessing the programs and services they asked for in the survey. Therefore we are asking that the City provide us with $25,000 for this year and to consider providing additional funds over the next 5 years. We appreciate the opportunity to discuss our request in more detail. Sincerely, 6,,,- -tom Ann Barrett Representing the Board of the Crescent Valley Resource Centre (Attached List of Board Members) 0911-1 Wish List for the new Crescent Valley Resource Centre Shelving (bookcases & wall shelves, closet shelves) Nice receptionist desk & waiting area chairs and side tables 3 office desks tables to include 12 to16 folding style chairs 80 folding or stackable kitchen items — 2 microwaves, 2 fridges, dishes, utensils, coffee pots, etc. cork/ bulletin boards computers /printers /phones /photocopiers /internet mini blinds for all windows floor lamps and / or track lighting filing cabinets storage bins lockable cabinets and / or locks for closets 3 flipchart easels garbage cans and cleaning supplies ( mops, brooms, vacuum, etc.) TV /DVD player, Stereo /CD player Prints, paintings, posters for walls Office /stationary supplies Plants Playroom furniture/toys /children's books, appropriate plastic dishes, security gate Coat racks, hangers First Aid kits, Fire extinguishers Fans Extension cords, power bars Water cooler Outdoor furniture for porch, gas BBQ Games, cards, craft supplies QCYA Expenses 50,000.00 Total expense - - 49,697.08 41141.09 , Net $302.92 —24.91 i y - - necessary i -- - - o be purchased. sa items not donated will needed to be urc Note. Initially neces 091:3 Co ordinator - _ 35,000-00 - - ± 2,916.00 CPP, EI - - - 200.59 Nei hbourhood Assistant 5h/w x 10 ( - 2,400.00 200.00 - _ Equipment Blinds Materials r -- 2 000.00 - + 167.00 Supplies for office _ -__ j _- _2,400.00 { _ 200-00 _Supplies for meetings _ 1,200.00 _ 100.00 ,Telephone/ — Internet 1,200.00 t 100.00 _ Bathroom Supplies _ - _ _ 1,200.00 - 100.00 Flyers1 newsletters _ - - 1 200.00 + - 100.00 -- - - Bank Charles -- _ _ 90.00 -._ -_ -_ 7.50 -- - Miscellaneous) 600.00' 50.00 _ Total expense - - 49,697.08 41141.09 , Net $302.92 —24.91 i y - - necessary i -- - - o be purchased. sa items not donated will needed to be urc Note. Initially neces 091:3 -- - - -- i Total expense - - 49,697.08 41141.09 , Net $302.92 —24.91 i y - - necessary i -- - - o be purchased. sa items not donated will needed to be urc Note. Initially neces 091:3 Community Development Coordinator The Community Development Coordinator will facilitate/ build long -term relationships between the Crescent Valley community /residents and other community, government and business representatives to assist the Crescent Valley Community to implement its vision and the resulting action plan and strategies for neighbourhood leadership and renewal. The Coordinator will: • Create an environment and engage in strategies that facilitates neighbourhood leadership and renewal • Assist the governing body of the Community Resource to develop and implement its strategic plan, which includes working with partners, organizations and other communities; mapping, prioritizing and coordinating programming and services, and evaluation. • Participate in fund generation and plans for sustainability Qualifications The Community Development Coach will have: Familiarity with Community Development, including consensus building and how to lead in a way that motivates others • Familiarity with the Crescent Valley Community • Strong leadership skills and ability to motivate others • High energy and the ability to develop and maintain working relationships with a wide range of stakeholders • Demonstrated experience and knowledge of social issues and working with individuals impacted by those issues • Strong organizational, written and oral communication skills • Excellent interpersonal skills, including the ability to problem solve and resolve conflicts • Proven grant/proposal writing skills • Ability to work independently and as part of a team • Computer skills • Reliable transportation • Be able to work flexible hours • Criminal Check necessary Terms: 1 year contract Full Time 40 h / w Ocu] cE°�li III 1 I I bI I I r 1 @vo Jif , I _ EI I I f II I I � � U o E o U I" i II I N U I Isc-G- ccU C - a ; y li I' ;UEoU aco 'f 'I I ' U ° o oca � 1 1 I , .n c ti � I I EO E oo iE cal cnl 0 -c: cc col i f II I l 1 Ql l , I MroI l.e ° aro„ l �I I I II�oI I I �L E —° v o E' I I —o I cI I - > ElrL l o 2f -0�a� ro � � . I IU= ca I I Icccl l I E' caI IcI �I co o m �I L - >I I -' I II I rt I� � cat_ L lI I ��II i I II II I II I II II i i i I I M �I ill '�, W I C7 i ICS; c°r III; II it I, I l I veil I li IC=I iNI I I M• �, MI I ' M� ;M�/, li o x CG GI 1WI N� NI. � N INI NI INI I IWI I IWI I I - t__t I I I I i I I f >I I I _ I I U I °,�I U� O V1' I I >,F I I 3 ° ' al GI I { cC c3 '""j. U TI 011 LL N� N I I I NII 000 ' �IoVo'+ s Lv �n ir rd N� II 18 Mf t I I'T� I 41 cq! � � N 00 � � � ' y I I �I I EI' I I I I I I I I I I _ I j l vl I I I of I �I I I I I I I l I EI I �I •� �I i Ix I i I II >�I CI I I ' I I IUI IUI >' I I , ° GI ro I U : I IU; I• �I IU I cl II �I I GI I � I I�I El l I UI II c' I I c1 oI �ool °I �I °I I El� i 72 I III �I �I �I j III i i Y� TII aiI II l p I til U O v E m N d pIi 1 E. G�4 UI IUI UI U ro �I Q �I Uo � �{ iro al �� j 01 O W4,4"11 I I M G m' ° 1 1 � OII r� il 10 QI' I 031 E I E1 � I ��I w > ip u roll bI �I > -- ICI i I WI L� +I z pll Cplf GII Wt- U� 061 C\j co U > G Q, I i I I Crescent Valley Renew Our Community (ROC) Community Action Plan: 2007 - 2008 Vision Statement Consensus achieved To create together — residents and community partners — a clean, safe, peaceful neighbourhood for people of all ages and abilities, with trees and green spaces, opportunities for work, education, and training, access to services, pleasing homes, roadways, and sidewalks, and no crime... a people place where respect and responsibility, care, and cooperation are the community values. Year One Summary of Goals Consensus achieved Work with partners to... 1. Fix homes inside and out (upgrade and renovate) 2. Improve roads, sidewalks, and lighting, and other infrastructure related to improved safety of residents 3. Get Community Resource Centre with programs up and running 4. Reduce crime significantly and improve feeling of safety in community 5. Overall — grow respect in and for Crescent Valley GOAL * i — Fix homes inside and out Actions Housing cell 1. Partner with FCS /Province and create action "cell' including political rep or delegate (e.g. Executive Assistant) + residents 2. Understand & enforce screening process 3. Review FCS Housing Strategic Plan 4. Maintain! Maintain! Maintain! Find solutions to do this regularly 5. Health- related problems: mold /rodents — get health inspection 6. Plumbing — new pipes for residents by 20o8 -og 7. Research feasibility of tearing down /re- building selected units (Affordable Housing program) 8. Stronger lease enforcement with real consequences for being a bad neighbour. GOAL #2 — Improve roads & sidewalks Cell to work with City Planning Actions 1. Small "cell' to work with City and report back to residents 2. Schedule longer -term plan to ensure all streets are upgraded; apply for grants to hire students in area to help keep streets clean. 3. Need paved, lighted path to school. 4. Reduce speeding — more STOP signs, etc. K�1I TheCV - ROC (Crescent Valley Renew Our Community Group) O Vibrant Communities Saint John (VCSJ) & the community of Crescent Valley have worked together to develop our community change group. It represents many residents in our neighbourhood as well as the long - established CV Community Tenants' Association (CVCTA) and partners such as Community Police, Family & Community Services, City Leisure Services, City Councillor & Deputy Mayor, MLA for Portland, CHMC Saint John, and community agencies like St. Joseph's Community Health Centre and the Urban 'Core Support Network. O We hold open meetings at 9:30 a.m. on the 3rd Wednesday of every month at the Somerset Community Station Community Room (child care is reimbursed), where we get to know each other better and put our heads together to figure out how to make Crescent Valley a more vibrant place to live. Our Vision Statement says: To create together - residents and community partners - a clean, safe, peaceful neighbourhood for people of all ages and abilities, with trees and green spaces, opportunities for work, education, and training, access to services, pleasing homes, roadways, and sidewalks, and no crime. A people 1p ace where respect and responsibility, care, and cooperation are the community values. O The big 5 goals for the immediate future are: © Fix homes inside and out ® Improve roads and landscape G Get our new Community Resource Centre up and running T Reduce crime and make Crescent Valley a safer place to live ® Show respect and grow respect inside & outside our community O What have we accomplished in just over 2 years? Plenty! 0 A group of residents (The Survey Action Team) got involved to design a big community survey with Vibrant & partners, then took special training to become survey facilitators, then took the survey door -to -door - we got a BIG 54% return on completed surveys! 342 M & C — 2008 -69 March 26, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: Re: Land Acquisition Thorne Avenue Lift Station #4 Project Background The design work for that part of Harbour Cleanup Project comprising Thorne Avenue Lift Station #4 from Marsh Road to Bayside Drive has been substantially completed by Crandall Engineering Limited. The design work for that part of the project on Bayside Drive between Courtenay Avenue and Red Head Road is on going. While the intention is to install most of the sewer infrastructure within the right of way limits of Bayside Drive; that does not appear to be achievable in the area between River Avenue and Red Head Road. Common Council meeting March 26, 2007 adopted a policy to expropriate, where permitted, to ensure a timely acquisition of lands which may form part of the Harbour Cleanup Project. On August 27, 2007 Common Council adopted resolutions in connection with that portion of Lift Station #4 project between Marsh Road and Bayside Drive to permit the City to enter upon certain lands for the purpose of conducting investigations as to the soil suitability for sewer infrastructure. A similar recommendation is now made to make like investigation of that portion of Lift Station #4 infrastructure between River Avenue and Red Head Road. 343 M & C 2008 -69 Page 2 of 4 Re: Thorne Avenue Lift Station #4 RECOMMENDATION Whereas Common Council on September 26, 2006 accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding; and Whereas on March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements, therefore be it resolved: 1. That as it remains the objective of the City of Saint John to construct a sewer lift station ( #4) in the vicinity of Thorne Avenue together with associated force mains and gravity sewer which shall follow generally the alignment set out in a plans prepared by Crandall Engineering Limited and dated February 1 and 22, 2008 respectively, copies of which are attached to M &C 2008 -69; 2. That: the City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access and title to lands required to permit the construction and operation of the proposed Thorne Avenue Lift Station #4 Project along the alignment shown generally on the plans prepared by Crandall Engineering Limited dated February 1 and 22, 2008 respectively, copies of which are attached to M &C 2008 -69; ii. that Common Council appoints each of Crandall Engineering Ltd. — engineering, surveying, design, project management; Conquest Engineering Ltd., Boart Longyear, Les Forages souterrins Nella Inc., and Evangeline Excavators - directional drilling contractors, geotechnical analysis and reporting; Hughes Surveys & Consultants Inc. — surveying, line cutting, land tech drilling; deStecher Appraisal Ltd. — appraisal services, its agents to make surveys, take levels, and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain 344 M & C 2008 -69 Page 3 of 4 Re: Thorne Avenue Lift Station #4 3. That: suitability of the lands to be expropriated for the construction and operation of the said Thorne Avenue Lift Station #4; and iii. that Common Council hereby authorizes entry by its employees and by its said agents upon the lands to be expropriated for the construction and operation of the Thorne Avenue Lift Station #4 with associated force mains and gravity sewers. the Mayor and Common Clerk be authorized to execute a Notice of Entry pursuant to the provisions of the Expropriation Act, Chapter E -14, R.S.N.B. 1973 and amendments thereto and the Regulations thereunder with respect to each property on which Lift Station #4 shall be located and through which the associated force mains and gravity sewer shall run, such notice to advise that the City, its employees and its named agents intend to enter upon the properties in question commencing not earlier than April 15, 2008 and continuing as necessary but in no event later than June 30, 2008 for the purpose of conducting activity to determine the suitability of the lands for the purposes of the proposed Lift Station #4, force mains and gravity sewers; and ii. the City Solicitor or his designate arrange that such Notice of Entry be given in accordance with the requirements of the Expropriation Act. 345 M & C 2008 -69 Page 4 of 4 Re: Thorne Avenue Lift Station #4 4. That the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Life Station #4, associated force mains and gravity sewers to a maximum of 125 per cent the appraised value. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development 346 Terrence Totten, F.C.A. City Manager ctl HIN ski Xon cv ui z LL ix 0 1110 gi ,L0 c0 I bass c LL�a g cxw 01 I _0 7Y 0 m 1 I = O E z co Y�c� �na- 6 5 c tot � Z S` � 1 Md FIE wo ` \„ Li,\ ppE�� \, I �•U \ \�� c '�.�''' ������.� � .� r 1 ,'fit q \• A [ � ., • � I G i %Too I• �S'fl''bf ~v, I 1 , / i st, l Vj 14V 5r LU / A I �\ �r 0 �c pall \ \o E 1 Av II I 1 R0 9 X M & C 2008 - 55 March 27th, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, WATER SERVICE, SUSTAINABILITY, QUALITY, FUTURE GENERATIONS Water People are utterly dependent on water for their lives (humans consist mostly of water), for their livelihoods, their food, and, increasingly, their industry. Humans can live for a month without food, but will die in less than a week without water. Humans consume water, discard it, poison it, waste it, and restlessly change the hydrological cycles, indifferent to the consequences.' What's at Stake Saint John (its people, government, institutions, commerce, and industry) has embarked on a quest for the generation. An historic water system that has served its community remarkably well, and longer than any other in the country, must undergo radical transformation; change that should bring about five essential outcomes: drinking water of the highest quality; appropriate supplies for the engines of industry; a deep- seated respect for our natural environment; the lowest possible costs, equitably distributed among system users; and the innovation and best practices needed to secure the future for generations to come. How will our truly exceptional water resources be channelled for the greatest good? How can a water future be created that best balances the needs of people, industry and the natural environment? And critically, how should this essential life service be operated to ensure that Our Saint John leads the nation as an example of a sustainable community? Saint John can achieve something special. For this, the community must truly understand its "municipal water" - from the basic human need for safe, clean drinking water to paying for the service; from protecting the ecological foundation of life to support for industry; from meeting regulatory standards that are becoming ever more stringent to most effectively managing the business and operations of a public service utility. ' Water, Marq de Villiers, Stoddart Publishing Co. Limited, Toronto, 1999, p15 Our Business is Your Water J votre eau, e'est notre effeire 349 This report seeks to highlight opportunities, guiding principles and challenges related to our community's drinking water and to facilitate an informed and holistic community discussion on a way forward - a direction that aligns service to both people and industry, with ecological sustainability and delivery of a quality that meets the biological and practical needs of end - users, at the best possible cost to ratepayers over the long -term. PRIMARY REFERENCES ug Our Saint John, Community Vision Statement, City of Saint John, 2007 cs Water — Safe, Clean, Healthy: Water and Environmental Outcomes Essential for Saint John, City of Saint John, November 2004 cz City of Saint John Water Strategy, Godfrey Associates and Partners, June 1999 oz Watermain Cleaning and Lining - A Priority for Drinking Water Quality, Report to Common Council, M & C 2007 - 132, April 26th 2007 oz Drinking Water Quality Trihalomethanes, Report to Common Council, M & C 2007 - 302, September 18th, 2007 es 2007 Annual Report on Drinking Water, City of Saint John, January 30, 2008 cs The Key to Sustainable Cities, Meeting Human Needs Transforming Community Systems, Gwendolyn Hallsmith, New Society Publishers, 2003 cis Vision 2015 Saint John's Program of Excellence, City of Saint John, 2005 sus The Fifth Discipline, The Art & Practice of The Learning Organization, Peter M. Senge, Currency Doubleday, New York, 1990 ca The Future in Every Drop, The benefits, barriers, and practice of urban water demand management in Canada, Oliver M. Brandes and Keith Ferguson, the POLIS Project on Ecological Governance, University of Victoria, April 2004 oz The Soft Path for Water In A Nutshell, O.M. Brandes and D.B. Brooks, Friends of the Earth Canada and POLIS Project on Ecological Governance, November 2005 ca BENCHMARKING Performance Indicators for Water and Wastewater Utilities: Survey Data and Analyses Report, A.K. Lafferty and W.C. Lauer, AWWA, 2005 cs Performance Benchmarking, Ontario Municipal CAOs' Benchmarking Report, 2005 og Municipal Performance Measurement Program, Handbook, Ontario, 2007 Our Business is Your Water/ Votre eau, east notre affairs 350 og Balanced Evaluation of Public /Private Partnerships (P3s), AWWA Research Foundation, in collaboration with CH2M HILL, May 1999 cs Building Canada: Modern Infrastructure for a Strong Canada, Government of Canada, 2007 oz Canadian PPP Project Directory: Selected Public - Private Partnerships Across Canada, The Canadian Council for Public- Private Partnerships, November 2006 og Agreement for Engineering Services, Proposal 2006- 083608P, Preliminary Design of the Eastern and Western Potable Water Treatment Facilities, City of Saint John and R.V. Anderson Associates Limited (Touchie Engineering), March 30th, 2007 ca Preliminary Design of the Eastern and Western Potable Water Treatment Facilities, Draft Preliminary Design Report, R.V. Anderson Associates Limited, February 2008 BACKGROUND The history of water in our community reflects a past built around incredible sources that allow good quality surface (lake) water to flow (largely by gravity) to the people and industry that use it. The visionaries who designed the system made best use of the topography and constructed capacity that carries huge volumes into the city. Saint John is unique — a municipality with some of the oldest water infrastructure in Canada still in operation. Early decision - makers and engineers built a system to serve the generations. Our Business is Your Water/ votre eau, east notre affairs 351 75 AP 1 071. MA ?-t . 75 rP" *m 1; Z N i =. 75 AP 1 071. Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 5 t� A defining feature of Saint John's water system is the major industrial base that it serves. In fact, more than half of the water produced is delivered to a single large customer — most of that untreated raw water from Spruce Lake. With a number of other large users on the system, residential demand represents a small share of the water that flows to users. Although the standards required for potable water are clear, the exact water needs of industry (quantity and type required) have to be accurately defined. Given industrial volumes (both potable and raw), this determination will establish the treatment capacity to be put in place and, with that, the cost to achieve modern treatment standards. Council's Stratelaic Direction Early in its mandate, this Council adopted Water — Safe, Clean, Healthy; Water and Environmental Outcomes Essential for Saint John as its strategic direction for essential water and wastewater services. It made safe, high quality drinking water and the treatment of all collected municipal sewage foremost priorities of the City of Saint John. The executive summary of that plan is attached. It mapped out three key directions: 100% treatment of collected wastewater effluents (Harbour Clean -Up); , Full treatment /filtration of drinking water (for safe, clean drinking water); and , A transition to adequate levels of investment in infrastructure renewal. The high cost of quality drinking water and environmental progress was recognized, with needed financing identified as the single greatest barrier to timely progress. It was also understood that users would bear the lion's share of the financial burden; those who use and benefit from utility services. The plan contemplated an investment of over $270 million over 10 years ($163 million from ratepayers, with $107 million in assistance from senior levels of governments): Harbour Clean -Up (Wastewater Treatment) $ 88 million ($58.7 million) Safe, Clean Drinking Water $130 million ($48.3 million) Sustainable Municipal Infrastructure $ 52 million 2 Water Safe, Clean, Healthy; Water and Environmental Outcomes Essential for Saint John, Strategic Direction for Saint John Water, City of Saint John, November 2004 Our Business is Your Water / votre eau, c'est notre affairs 353 Saint John Harbour Clean -Up moved ahead and will be successful because the community came together to bring about change; the mission was clear, well informed and focused. Safe, clean drinking water needs a parallel partnership among all interests. SAFE, CLEAN DRINKING WATER Our drinking water system has changed little over the past 100 years; frankly, people have taken advantage of excellent sources and an abundance of good water, but virtually ignored emerging health and safety considerations. The utility and its governance went about the business of reacting to events (watermain breaks and other calamities), and did little to fundamentally alter a status quo. The relative inattention changed markedly in 1999 with the Saint John Water Strategy, a broad review of what the City of Saint John had to do to meet its water obligations. Major system reconfiguration had to be undertaken and higher quality standards put in place. Water is essential to life and good health; quality must be assured by reliable protective barriers and satisfy safety parameters - delivered to consumers in a state that is clear, colourless, odourless and free of all disease - causing micro - organisms (pathogens) or h f 1 h ' 1 T h' h' h *Necessary Water Treatment Operations and Maintenance, with staff training and development Monitoring and Alarms Distribution System Emergency Response arm U c emlca S. o ac leve t ls, t o water service and its system require major change - to assure quality at the tap, least cost solutions for ratepayers, and sustainability for all into the future. For one, the treatment barrier must achieve high particulate removal, improved effectiveness of disinfection, reduced disinfection by- products such as trihalomethanes (THMs) and haloacetic acids (HAAS), and enhanced stability of "treated water" as it travels through the distribution system to users. The conceptuaUpl t, 111 nary design of new treatment facilities, currently underway, is an important step among a series of measures that will bring high quality drinking water to Saint John - the ultimate goal. An informed public process will determine required size and location of treatment plants, the technologies to be utilized, how best to integrate new facilities into the overall system, and how to do all of this at the lowest feasible lifecycle costs. The pre- design phase is also an opportunity for innovative and forward thinking; to spawn the state -of -the -art and efficient ideas that could make our water future very special. Our easiness is Your Water/ Votre eau, Vest notre affaire 354 The first line in this community's vision has set out a clear and positive challenge: " ur-,, aint, obn, Canada's first city, leads the nation as an example of a sustainable community." Sustainability is about future generations; it means meeting the needs of the present without compromising the ability of those generations to meet their own needs.3 This principle is fundamental to every decision as Saint John moves to develop a multi- faceted water system for the future. The 10 sustainability principles adopted by Council provide important context for the evolution of public water services. Provide a long -term vision for Saint John based on the pillars of sustainability: social/ cultural, environmental and economic. 2. Recognize and incorporate the valued and distinctive characteristics of Saint John - including its human, cultural, historical and natural attributes - in our vision and planning for a sustainable city. �. Engage the entire community of Saint John in the planning and implementation of sustainable solutions. . Respect Saint John's natural ecosystems. Act as a custodian for the biodiversity and natural ecosystems of Saint John, and protect and restore them. 5. Model the development of Saint John on the characteristics of natural systems. . Strive to minimize Saint John's ecological footprint. . Achieve long -term economic stability and social security in Saint John. S. Foster communication among community groups and organizations to emphasize sustainability as a common shared goal. a Promote sustainable production and consumption through the use of environmentally sound technologies and effective demand management. . Establish a systematic process of continual improvement, based on action planning, accountability, transparency and good governance. 3 Report of the World Commission on Environment and Development, Brundtland Commission, United Nations, General Assembly Resolution 42/187, 11 December 1987 Oar Business is Your Water / votre eau, c'est notre affaire 355 Saint John Water is a municipal public utility funded by service users, as prescribed by Provincial law. The utility serves tens of thousands of citizens and others, as well as the industry, businesses and institutions that make up our socio- economic fabric. Rate - paying customers include almost 13,700 flat -rate accounts (17,000 residences), over 2,900 metered ICI accounts, and the City itself for fire hydrant services and the storm drainage provided by combined sanitary and storm water sewers. Daily water production in 2007 averaged about 48.8 million imperial gallons per day (IGPD); over 17.8 billion IG or 81 million cubic metres annually. Ratepayers have invested heavily in utility services - pursuing higher water quality, enhanced environmental protection and improved reliability. The price of services remains reasonable, despite steadily rising rates for all user classes; particularly in light of household expenses generally (cable TV, telephone, internet, fuel oil, natural gas, electricity, bottled water and other beverages) and industrial costs (fuel, energy and construction materials). Each service is vital to sustaining our economy and supporting health and other social services; they are about quality of life and economic well- being. The governments of Canada and New Brunswick have also made substantial investments in building a better Saint John — over $68,500,000 since 2000. Without that commitment, progress would be much slower and user rates far higher. While the bulk of these contributions have been for sanitary upgrades ($63.9 million), water storage has been enhanced substantially ($3.4 million) and watermain assets rehabilitated ($1.3 million). Bottom Line This focused investment in building a better community has enabled Saint John to advance service standards while moderating user rates for utility services. Our Business is Your Water/ Votre eau, east notre affairs 356 IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations CONSIDERATIONS FOR SAINTJOHN March 27th, 2008 Page g While the challenges of providing safe drinking water are myriad and complex, they are far from insurmountable, in either a regulatory or technological sense. The types and sources of drinking -water contamination are well documented, water treatment technology is readily available and there is relative uniformity of opinion about necessary legal requirements and prohibitions to protect drinking water. The obstacle is not that we don't know what is required, but rather that our governments currently lack the political will to get there . 4 Bringing in higher standards involves much more than simply building expensive new water treatment plants. A series of crucial considerations need to be integrated into a process to formulate the "best" possible action plan for Saint John. A dozen key factors are highlighted in this report; these are not all- encompassing. a Public health and well -being Citizen engagement v Watershed (source) protection -a Water treatment x Plant sizing and industrial potable demand a Transmission, distribution and storage a East industrial water capability a Character, innovation and energy a Conservation and sustainable water use . Excellence in operations and utility management i . Needed investments K Assessment of project delivery options 4 Canada's troubled waters (Sierra Legal Defence Fund), The Globe and Mail, January 23, 2002, pA17 Our Business is Your Water J Votre eau, c'est notre affairs 357 Report to Common Council, M C 2008 -55 March 27th, 2005 Water - Service, Sustainability, Quality, Future Generations Page 10 t� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "Children of a culture born in a water -rich environment, we have never really learned how important Water is ... " William Ashworth, Nor ArlyDrop to Dritik, 7,982 This region's Medical Officer of Health has long urged improved water treatment: "During consultation with your department I have become aware of the City's plan to introduce a filtration system to treat drinking water. While supporting this plan, I urge that the timeline be as short as possible. Waterborne disease is a risk of all surface water supplies. Chlorine treatment does not eliminate this risk. Also, as you are aware, drinking water standards in Canada are consistently being reviewed and revised to become more stringent. Saint John will likely have to move to advanced water treatment to meet these standards. "5 Drinking water is a complex subject, especially when it involves providing ten of thousands of people with something so vital to life. The health and well -being of consumers is always the matter of foremost concern. Therefore, the absence of adequate treatment and the very old infrastructure that conveys the water to users are serious concerns to the people at Saint John Water. These primary water system deficiencies underlie everything else: the City of Saint John cannot assure the safety of its drinking water. Associated with this reality is the need for extensive changes in the transmission/distribution system to make treatment practical. Pathogens that can occur in polluted surface water include protozoa (Giardia, Cryptosporidium), bacteria (E. coli, Salmonella, Shigella, Campylobacter, Yersinia, and Legionella) and enteric viruses (such as Norwalk virus, rotaviruses, and hepatitis A and E viruses). Other potentially serious hazards, but with a more long -term effect, are the disinfection by- products formed by chlorine reacting with naturally present organic matter. Those currently of concern to Saint John are trihalomethanes (THMs) and haloacetic acids (HAAS). It is imperative that drinking water be of the highest quality; with the Guidelines for Canadian Drinking Water Quality viewed as obligatory standards. s Enhanced Treatment of Saint John Municipal Water Supply, C. Scott Giffin, MD, MPH, Medical Officer of Health, Region II, NB Department of Health and Wellness, December 4, 2003 Our Business is Your Water / Votre eau, c'est notre affairs 358 Report to Common Council, M 2008-55 March 27th 2008 Water - Service, Sustainability, Quality, Future Generations Page I I CITIZEN ENGAGEMENT Water is an emotionally charged issue; it is different from other public services in that it impacts people so directly. The service affects virtually "We do not inherit the earth every aspect of life in the community and is vital to its from our ancestors- we future. In considering the changes necessary for Saint borrow it from our children." John's water system, it is fundamentally important that 1 Native American Proverb members of the public be well-informed and engaged J participants in the decision-making process. The fundamental notion behind a public drinking water service is the principle of public well-being. The direction being taken to improve drinking water treatment is a matter that affects individuals and their quality of life; it is of critical importance to citizens and all Our Business is Your Water / Votre eau, cast notre affairs 359 Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 12 t� Individual citizens need to understand the issues around the major changes being contemplated; keep well- informed and be aware of the decisions being made on their behalf. A critical priority is ensuring that the public is fully engaged in the process. WATERSHED (SOURCE) PROTECTION Watersheds are the beginning of a continuum that is the water system; their sustainability and protection are vital. Saint John is served by two exceptional surface water sources; one West, the other East. Diligent management of those watersheds and investment in them is a drinking water priority; they are the first protective barrier. Proactively enforcing watershed protection standards, renewing infrastructure, putting in place safety features, monitoring activity, educating the public and dealing with illegal dumping are all part of the effort to ensure safe, clean drinking water. Spruce Lake /Musquash Watershed Loch Lomond /Latimer Watershed Protecting our two watersheds is far more effective and less costly than removing contaminants after the fact. Among watershed protection measures undertaken by the City have been land ownership, land use regulation, access restriction, and use of buffer or setback strips. In 1989 (Loch Lomond) and in 1993 (East and West Musquash and Spruce Lake), it undertook to have its watersheds designated as protected areas. The City has also been proactive in exercising its protection responsibilities. Matters of future priority will be establishment of a comprehensive land and forest management program, along with significant investment in infrastructure renewal. The Robertson Lake dam, for one, requires an upgrade in the near future that will cost about $1.13 million. The Loch Lomond dam assessment project recently completed has identified a further $750,000 for other renewals. Our Business is Your Water J votre eau, cast notre affairs 360 Drinking water treatment has evolved over the last 100 years, considerably so in the past decade. Advances in treatment technology and control systems (SCADA) have provided utilities with options for drinking water. The technologies selected for Saint John must provide suitable treatment for our particular raw water sources, ensure reliability of service, and offer the greatest possible flexibility in operations and maintenance. Current "treatment" both East and West consists of only coarse screening, eel traps, chlorination and fluoridation. The East system uses chlorine gas, while West facilities use sodium hypochlorite to minimize pH reductions during disinfection. One Water Treatment Plant or Two? A central question of the Water Strategy and in other reports and discussions since 1999 has been whether Saint John would best be served by one water treatment plant or two. The Water Strategy analyzed various options which covered the construction of facilities in only east Saint John near Latimer Lake, only west Saint John near Spruce Lake, or two water treatment facilities — one at each of Latimer Lake and Spruce Lake. The issue has again been assessed. In November 2007 a full -day workshop was held at the Lily Lake Pavilion to further consider treatment plant options; with in excess of thirty cross - functional participants, including professional staff from Saint John Water (management and operations), engineering staff, community planning staff and a member of senior City management. Members of the Water Treatment Action Team (Dean Price, P.Eng., Nicole Taylor, M.Eng., P.Eng. and Brent McGovern, P.Eng.) facilitated the workshop discussion which focused on a review of the various treatment plant options identified in the Water Strategy; construct one water treatment facility either east or west, or two facilities - one east and one west. In addition, an option not previously analyzed was considered - one centrally located water treatment facility. The Water Treatment Action Team had evaluated each of the various options as a group using a tool called the Pugh Matrix and the next step involved engaging various organizational staff to re- evaluate and validate the process. A member of the Action Team — Nicole Taylor, M.Eng, P.Eng Operations Manager, Water Resources & Quality is a Black Belt in Six Sigma. She joined Saint John Water from the private sector in 2007. Six Sigma, in simple terms, is a highly disciplined approach to decision- making that helps people focus on improving processes to make them as near perfect ( "zero defects") as possible. Six Sigma is an approach used by companies such as Motorola General Electric and many others in their decision - making. Our Business is Your Water/ votre eau, east notre affairs 361 Report to Common Council, M C 2008 -55 March 27th, 2005 Water - Service, Sustainability, Quality, Future Generations Page 14 t� Among the tools used in Six Sigma is one known as the Pugh Matrix - a quantitative technique used to rank the various options within a set of options. The Pugh Matrix was invented by Stuart Pugh at the University of Strathclyde in Glasgow, Scotland. It is used by businesses to facilitate a disciplined, team -based process that leads to making good quality decisions quickly. Through the Pugh process, a set of weighted criteria is established. These criteria are then used to evaluate options according to their strengths and weaknesses against a reference option called the baseline option. The following rating system was used for each criterion identified: 9 significantly better than the baseline option ca 4 much better than the baseline option ca 1 slightly better than the baseline option ca 0 equivalent to the baseline option ca -I slightly worse than the baseline option ca -4 much worse than the baseline option ca -9 significantly worse than the baseline option For example, each alternative criterion was then rated against the baseline using scores of worse( -1), same (0), or better ( +1). Each potential option is compared, scored, and summed to gain a total score which may then be used to rank the various options. The advantage of this approach is that subjective opinions about one alternative versus another are made more objective. In addition, once the initial evaluation is completed, a decision sensitivity analysis may be performed to determine the effects of rankings (opinions) on the end result. At the workshop, the cross - functional team reviewed each of the options in detail and re- evaluated each option while discussing the strengths and weaknesses and rating each against the baseline option. The options were then ranked. The option to construct two water treatment plants ranked highest, confirming and validating the earlier decision to proceed with the "two water treatment plants" approach. A sensitivity analysis was completed on this option and it once again ranked first amongst the various options. Our Business is Your water J Votre eau, cast notre affairs 362 It is important that treatment technologies chosen are able to effectively treat our particular raw water to achieve the best quality drinking water results. a Microbiological Quality: While free chlorine can provide effective control of Giardia (most of year) and viruses, Cryptosporidium oocysts are highly resistant to chlorine at concentrations typically applied for water treatment. In contrast, Cryptosporidium oocysts are highly susceptible to UV. Disinfection by- Products (DBPs): Saint John has experienced some trihalomethane (THM) readings that exceed the maximum acceptable concentration (MAC) - due primarily to a lack of organic precursor removal. THMs are a group of chemicals that form when the chlorine used to disinfect drinking water reacts with organic matter naturally present. Yet to be regulated haloacetic acids (HAAS) are another group of compounds that also form from such a chemical reaction. The future MAC for HAAS sets a definite bar for treatment. Solutions include pretreatment prior to disinfection to remove organics. 3o- Aggressiveness: Both East and West "treated" water display aggressive characteristics (low alkalinity and pH, extremely soft). These can lead to corrosion of distribution system pipe lining and potential contamination from bio -film detachment. Full Treatment Based on an assessment of raw water quality and proposed treatment objectives, a broad review of treatment technologies has been undertaken through the preliminary design process. Objectives set are, in places, more stringent than current regulatory limits. The goal is to achieve operational targets that provide a buffer against future change in source water quality or drinking water guidelines. The underlying objectives are to maximize public health protection and optimize the cost - benefit equation over the long -term. A range of viable treatment options has been considered against a matrix of key issues: Public health improvements o- Capital cost o- Operating costs p Maintenance costs a Stability of operation r Staffing requirements K Operational complexity S. Wastes generated 9 Process reliability Although the preliminary design and needs assessment processes are not yet finalized, it is expected that this evaluation will produce a recommendation for full conventional Our Business is Your Water/ Votre eau, east notre affairs 363 The final selection of the preferred process train will be supported by a high -level life cycle cost and feasibility analysis. Conventional Treatment Processes Main Process: Intake > Screens > Low Lift Pumping Station > Pre - treatment > Filtration > Primary Disinfection > Corrosion Control > Clearwell / Reservoir Storage > Secondary Disinfection > Gravity Supply to Distribution, or High Lift Pumping Residue Management: lagoons or disposal to municipal sewer Phased Treatment Option The City's consultants have suggested that a phased approach to treatment may be beneficial to the city. They have observed that there is currently no protection against Cryptosporidium and only a marginal barrier against Giardia, water -borne pathogens that have been responsible for wide - spread outbreaks of gastrointestinal illness in drinking water systems in North America. With chlorination being the only treatment at this time, a failure of that system could lead to bacterial contamination of the drinking water system. The water system also experiences relatively high levels of disinfection by- products (DBPs). They have also speculated that construction of full treatment facilities could take 5 to 10 years, and that such improvement may be constrained by funding approvals. A phased treatment approach would provide a degree of treatment initially and could be achieved at limited cost and in less time. Full treatment, however, would still eventually be required. The consultant's "first phase" would include ultraviolet disinfection, followed by free chlorine contact and then ammonia addition to create a combined chlorine residual. The UV disinfection would provide an additional barrier against Cryptosporidium and Giardia, as well as bacteria. The free chlorine contact time would be needed to maintain proper disinfection for viruses. Conversion of free chlorine to chloramines would limit the formation of DBPs. A comparison of phased implementation versus a non - phased approach has been prepared by staff and is attached as Appendix "A" hereto. A recommendation is included for future consideration. Our Business is Your Water / Votre eau, c'est notre affairs 364 In sizing a water treatment plant, current and historic demands are plotted for average day ( "Qa "), the annual amount of water used divided by 365 days, and maximum day (" Qm "), the highest 24 hour demand in a one -year period. Future water demand projections, typically for a 25 -year design period, are based on planning projections for residential growth and specific industrial or commercial developments. Plants are normally sized for maximum 24 -hour demand so that an adequate amount of water can be treated and conveyed into the distribution and storage system through the year. Peak demands ( "Qp "), instantaneous high flows during the day, and fire flows are typically supplied from storage. A preliminary analysis of available flow information has been carried out, in order to understand the split between raw and potable water demands, and to estimate average and maximum day demands on the water system both East and West of the river. This analysis used a number of "high impact" assumptions that will need to be confirmed. Residential Demands As residential customers are not metered, exact residential demand data does not exist. An estimation of these needs was established using data from the 2002 Water and Sewer Business Plan Review. That study estimated consumption by flat rate customers at about 318 m3 /customer /year or 192 IGal/customer /day. At 3 persons per connection (average), per capita residential water demand is about 106 m3/ year or 65 IGal/ day. A predominantly residential flat rate area (Lakewood Heights Zone) was monitored in June 2006 to help better understand flat rate residential usage. It was selected since flow to the zone is metered at a single pumping station. Average annual consumption for area flat -rate customer was calculated at about 340 m3 each. It has been concluded that the 2002 estimate of 318 M 3 /year or 70,000 gallons per year is an appropriate estimate for individual residential water usage. From Census data, approximately 70% of Saint John's serviced population is supplied from the Loch Lomond supply, with the remaining 30% serviced from Spruce Lake. The current 16,917 flat -rate residences, at a demand of 318 M3/customer/year means an average day residential demand of about 14,700 M 3 /day (14.7 MILD or 5,365 megalitres annually), roughly distributed 4.5 MILD West and 10.3 MILD East. Metered ICI Consumers Table 1 on the next page shows water usage among the 20 largest consumers by volume. The top four of those customers consume approximately 69% all water used, including both "treated" and raw water. Our Business is Your Water/ Votre eau, east notre affairs 365 IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations March 27th, 2008 Page 18 Table 1 2006 Largest Water Consumers by Volume Customer Annual Volume Megalitres (ML) Average Daily Volume Megalitres per Day (MLD) Irving Pulp & Paper* *38,675 106.00 Irving Oil Limited 7,386 20.20 Coleson Cove (NB Power) * *2,029 5.54 Irving Pulp & Paper potable 1,672 4.58 Moosehead Brewery 1,648 4.51 Bayside (NB Power) 592 1.62 Irving Paper 446 1.22 SJ Regional Hospital 298 0.82 UNBSJ 127 0.35 School District 8 109 0.30 SJ Port Authority 96 0.26 Saputo Foods 92 0.25 Braxco Ltd 86 0.24 Town of Rothesay 77 0.21 Loch Lomond Villa 77 0.21 City of Saint John 67 0.18 St. Joseph Hospital 55 0.15 Fundy Linen Service Inc. 55 0.15 Cadillac Fairview Corp. 51 0.14 Brunswick Square Ltd. 48 0.13 * indicates 66% raw water from Spruce Lake / 34% chlorinated from Loch Lomond ** indicates 100% raw water supplied from Spruce Lake The biggest user, Irving Pulp and Paper (IPP), is currently supplied with process water from both West and East; raw water from Spruce Lake and chlorinated water from Loch Lomond. Once new treatment plants come on line, this customer would receive only raw water via the existing dedicated 1500 mm diameter (60 ") main from Spruce Lake. Our Business is Your Water / Votre eau, c'est notre affairs 366 Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 19 t� Fundamentally critical to the design of treatment facilities East are the water needs of an important industrial customer and the largest user on that side of the city — Irving Oil Limited (IOL). This becomes even more pronounced with the likelihood of a second (Eider Rock) refinery. For purposes of their analysis, the consultants surmised that the IOL refinery would be supplied with treated potable water — as it currently is. This significantly impacts sizing of the treatment facility. In preparing for the design and construction of the large water treatment facility East, several very important questions related to IOL need to be answered, including: What are the water quality needs of the Irving Oil refinery or refineries? Does it make business sense for the refinery to pay the high cost of the expensive fully treated drinking water for its industrial processes? es Is there a viable option for untreated industrial water from the East supply? If industrial water East is a viable option, by how much can the size of the East treatment facility be reduced and estimated costs lowered? Is "grey water" (treated wastewater effluent) from the new Eastern wastewater treatment facility a viable option for some industrial purposes? Non - Revenue Water It is estimated that average non - revenue water amounts to 28.4 MLD or 14% of system water. With initiatives such as watermain cleaning and lining, infrastructure renewal and more extensive system metering, it is expected that this volume can be reduced over time. For analysis purposes, however, current levels of water loss are assumed. Future Water Demand Proiections — Industrial and Residential Discussions have been held with industrial customers concerning possible changes in consumption patterns. Officials from Irving Oil Limited indicated the existing refinery will increase consumption by 10% over the next 10 years. This would equate to an additional average day ( "Qa ") demand of 2.02 MLD, with a conservative estimate of an added maximum day ( "Qm ") demand of 3.68 MLD. The company has also indicated future water consumption of between 9 to 45 MLD at the Eider Rock facility, although work is being done on ways to reduce this volume. The final design number should be available in the relatively near future. For treatment plant sizing purposes, the City's consultants have assumed a Qm /Qa factor of 1.8 (to be confirmed) resulting in a Qm of 16 - 81 MLD. Saint John Water has advised the consultants that allowances should be made in the pre - design process for an expanded service area and possible service extensions, including future servicing capacity for the entire region of Greater Saint John. Our Business is Your Water / votre eau, cast notre affairs 367 Considering the range of demands for treated water, a variety of preliminary plant sizing options were developed. Each provides capability for future expansion and a variety of redundancy scenarios. (It should be noted that, except for Option 1, some rounding has been added to achieve "round" MLD capacities, as it is expected MLD will gradually replace MIGD as a standard unit of capacity. A MIGD is equal to 4.54 MLD.) Option 1: Option 211 from 1999 Water Strategy This option is provided for comparison purposes to the current analysis. c-3 West WT Plant: 49 MLD es East WT Plant: 104 MLD c; Total Capacity: 153 MLD Option 2: Minimum - Status Quo This option would meet estimated 2006 maximum day demand, with no spare capacity for growth. Should the West plant be removed from service for any reason (spill, major transmission main failure), the East facility would be able to provide at least Qa (average day demand) for all of Saint John. However, the West facility alone could provide no more than about 46% of that Qa. The interconnection at the Reversing Falls Bridge would only be required under emergency conditions. es West WT Plant: 41 MLD eg East WT Plant: 107 MLD es Total Capacity: 148 MLD Option 3: Status Quo + Nominal Spare Capacity (20 %) When a new water system comes on line, good engineering practice dictates that provision is made for some nominal spare capacity, rather than simply designing "to the line ". In this option, approximately 20% additional capacity would be provided in both plants; a total of 32 ML of "spare" capacity. It would have similar redundancy characteristics to option 2. es West WT Plant: 50 MLD c,>3 East WT Plant: 130 MLD eg Total Capacity: 180 MLD Our Business is Your Water/ votre eau, east notre affairs .: IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations Option 4: Status Quo + Nominal Spare Capacity (20%) + Redistribution March 27th, 2008 Page 21 This option has the same total capacity as Option 3, and would be able to serve the same growth scenarios. However, the West Plant is increased in size and the East Plant is decreased in size, to better balance plant redundancy. Improved redundancy would depend on the interconnection between the two systems; an additional river crossing should also be considered. es West WT Plant: 80 MLD eg East WT Plant: 100 MLD c,3 Total Capacity: 180 MLD Option 5: Full Initial Qa Redundancy In this option, each plant would have the capacity to supply the initial full system average day, with a high level of redundancy. Another river crossing would be recommended. eg West WT Plant: 90 MLD es East WT Plant: 110 MLD ca Total Capacity: 200 MLD Recommended Option for Development of Conceptual Design The consultants have advised that Option 3 should be used for the conceptual design, as it represents the best balance of treatment needs with cost. Table 2: Recommended Water Treatment Sizing for Conceptual Design' Basic Design Parameters West (Spruce Lake WTP) East (Phinney Hill WTP) Design Capacity (Maximum Day) 50 ML /day (579 Usecond) 130 ML /day (1505 Usecond) Initial Average Production (Average Day) 25 ML /day (289 Usecond) 64 ML /day (740 Usecond) Future Plant Size 75 ML /day (868 Usecond) 195 ML /day (2257 Usecond) Staff cautions that further analysis of these requirements and the transition to an industrial water system East could lead to smaller capacity of that plant. Our Business is Your Water / votre eau, c'est notre affairs 369 Saint John Water is currently reviewing the configuration of the East water transmission and distribution system. Existing (old) transmission capacity far exceeds what is needed for drinking water alone. An oversized system will lead to aging of water after it enters the distribution network of pipes; that is, water will take longer than it should to get to many consumers and could spend an inordinate amount of time in the system. Also, treated water demands and relative capacity of the East plant could be dramatically reduced if a raw water supply from Latimer Lake could be developed for current and future industrial water customers in East Saint John. If potable /industrial reconfiguration is possible, overall life -cycle costs could be reduced significantly. A key aspect of a much needed water use management strategy for Saint John is matching the quality of water delivered to customers to that required by those end - users. Why deliver high quality and much more expensive treated water to the Irving refinery, for example, if a lower quality water would suffice. The cost implications for the company, the utility and ratepayers generally are significant. For these reasons, it would be prudent for the City to consider fundamental changes to the East transmission system. To incur huge construction expenses for treatment facilities and to design too much capacity into the system would appear to defy logic. A better scenario, if feasible, would be to construct smaller transmission mains for potable water and use existing transmission (renovated) capacity between Phinney Hill and the Champlain Heights area for industrial (raw) water. Reduced capital costs for treatment could offset much or all of the cost of new, dedicated drinking water transmission mains. EAST INDUSTRIAL WATER CAPABILITY The utility's industrial customers are an important part of the Saint John Water family; this usage class is important to all system customers. Long- standing usage patterns clearly indicate the place of the group in the water matrix. Saint John Water believes that an industrial (raw) water capability should be developed on the East side to better serve the needs of existing customers and the promising industrial development that is taking place. Presently, the only industrial water capability that exists is from Spruce Lake, through two dedicated pipelines — one to Coleson Cove and the other to Irving Pulp and Paper. As outlined above, there are several good reasons for moving in this direction; the most compelling of which, however, relates to economic, environmental and water system sustainability - what this community wants to be: " eur5aintjcabn, Canada's first city, leads the nation as an example of a sustainable community." Our Business is Your Water/ votre eau, c'est notre affairs 370 The new water treatment plant near Spruce Lake would be constructed on a hillside, with its orientation and layout designed to be attractive with good views. It would be designed to sustainable, functional, energy efficient and cost - effective standards, and reference the historical aspect of architecture in Saint John. It would also be constructed to blend harmoniously with its beautiful natural surroundings and take full advantage of vistas around Spruce Lake. Given its location and ease of access, this facility would be seen as Saint John's water showcase, its treatment headquarters and public tour facility. The main entrance and training /meeting room would provide an inviting space for gatherings, groups visiting the plant and educational seminars, highlighting barrier -free access for all. The new East water treatment plant would be more remote, located west of Latimer Lake near a site known as Phinney Hill. The orientation and building layout would also be attractive with good views of the access road and surrounding area. The site will require construction of an approximately 1.4 kilometre new access roadway west along "Pipeline Road East" from Eldersley Avenue. The architectural design for the East plant would be similar in many respects to the Spruce Lake facility, but with a more utilitarian approach. On the other hand, this plant will have more than twice the capacity of the other, and could require more time attendance for chemical and mechanical system maintenance and monitoring. LEED Certification The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a recognized standard for environmentally sustainable construction. As a key step towards conservation and sustainability, the City should adopt LEED certification for these new facilities, in accordance with the Canadian Green Building Council. Information about LEED certification can be found at the CaGBC web site - http: / /www.cagbc.org/cagbc /index.htm. This certification requires new buildings to provide design features that address the following elements: ca Sustainable sites (i.e. site design considers sustainable practices) c,3 Water efficiency — primarily for plumbing and drainage Energy and atmosphere c,3 Materials and resources Indoor environmental quality es; Innovation and design process The approach could provide facilities with lower energy requirements, reduced environmental impacts, and improved indoor air quality for operations staff and visitors. Our Business is Your Water/ votre eau, east notre affairs 371 IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations There are four possible levels of certification: LEED Certified 26 to 32 points c,>3 LEED Silver 33 to 38 points c-3 LEED Gold 39 to 51 eg LEED Platinum 52 to 70 points March 27th, 2008 Page 24 The hallmark of LEED is that it is an open and transparent process where the technical criteria proposed are publicly reviewed for approval by membership organizations. Green building practices offer considerable benefits, using critical resources efficiently and creating healthier work and living environments. This contributes to higher productivity and improved employee health and well- being. The benefits range from improved air and water quality to reduced solid waste. A fundamental reduction in relative environmental impacts, in addition to economic and occupant benefits, warrants its application in building something so critically "green" as a water treatment plant. The benefits will be reaped by all who visit or are serviced by the facility, as well as the community at large. These benefits do not come without a cost; green buildings currently cost more to design and construct than conventional buildings. However, initial costs can be minimized by the long -term economic gains associated with constructing a LEED facility. Site drainage would be designed in accordance with LEED principles, such as requirements to limit peak runoff and address storm water quality issues. As part of the detailed LEED design, an opportunity would be sought to provide metal "solar walls" or "solar panels" as part of the building's air handling system. Each chemical room will be independently ventilated. Remote Operation The instrumentation and control system will essentially allow full plant control from the plant control room by the plant operator, as well as full automatic operation with remote monitoring and alarming capabilities. The system would also be configured to allow for unattended plant operation, and remote communications with the plant through a laptop computer, allowing an on -call operator to have full access to the control system. Alternative Energy Energy costs are a major factor in municipal drinking water systems. As part of the preliminary design review, consideration has been given to alternatives sources of energy. Following is a brief summary of four of those ideas. Our Business is Your water J votre eau, cast notre affairs 372 IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations Wind Wind turbine generation has become quite prevalent in recent years. Depending on the final approach taken, one or two wind turbine units could be used to adequately supply power to each of the water treatment plants. This would be in addition to a conventional power supply required for periods when the wind was not blowing. Developing, financing, and siting a wind turbine facility is a major undertaking, and successful implementation would need the right wind conditions, support from local and provincial energy utilities, appropriate subsidies, and a determined effort to obtain approvals. March 27th, 2008 Page 25 Prior to designing a wind turbine, site evaluation is needed to determine feasibility. This would involve measuring wind speeds at different elevations for a certain period of time. The capacity and elevation of turbines could be designed to ensure they produce enough energy to contribute 20% of the plant's total power. The City could also consider larger units at a higher cost, but with a higher power payback. The next step would be to retain a qualified firm to conduct a detailed feasibility study, including environmental impact assessments and technical evaluations. This study would also ascertain funding opportunities, and present a financial evaluation of a range of wind power project sizes. Geothermal Heating /Cooling Ground - source heat pumps can utilize the natural constant ground temperature for heating in the winter and cooling in the summer. While installation costs are higher than conventional methods, ground- source heat pump systems have a good payback when compared with standard electrical heating /cooling and gas heating /electrical cooling. The use of geothermal energy would also result in reduced green -house gas emissions and would qualify for LEED credits. Micro -Hydro One potential source of electricity is directly related to the water system. Specifically, energy is currently wasted as water pressure is dropped as it passes from a high pressure into a lower pressure zone through a pressure reducing valve. Theoretically, this loss of power could be in the 50 -200 kW range on the East side. A British supplier provides equipment of the required size range. Such units, along with automated pressure control systems, could replace existing PRVs. Detailed hydraulic, siting, and costing analysis would need to be developed in order to determine cost - effectiveness. Energy Conservation One of the most important aspects of energy usage at the new Saint John water plants, and the greatest opportunity to reduce operational costs involves energy conservation. Technical decisions can have a major impact on electrical usage. As a result, energy conservation has been a key consideration throughout the conceptual design process, with the net present value of electrical costs considered in relative operational costs evaluations. As the project moves into final design, it has been recommended that high efficiency electrical motors and efficient lighting be used. Where variable flows or pressures are required, variable speed pumps should be used, rather than throttling valves. The architectural, HVAC, and electrical design should also generally work toward optimum energy conservation. Our Business is Your Water / Votre eau, cast notre affairs 373 v Educate, educate, educate , Design communities for conservation a Close the urban water loop a Look to the sky — rainwater as the source a Plan for sustainability , Price it right , Link conservation to development , Make managing demand part of daily business 9a Stop flushing the future . Fix the leaks! — reduce waste The Soft Path for Water The Soft Path for Water promotes a holistic way of thinking about our water future. It strives for efficient water use by better utilizing existing supplies, changing habits and attitudes, and reducing consumption demand — as the best and most economical means of addressing "new" water requirements. It differs fundamentally from conventional thinking and views water as a means to an end, not the end product. Application of its principles could have a profound and positive impact on community water use, the environment, overall system costs and, ultimately, the sustainability of our urban community. 6 Thinking Beyond Pipes and Pumps, Top Ten Ways Communities Can Save Water and Money, Oliver M Brandes, Tony Maas and Ellen Reynolds, the POLIS Project on Ecological Governance, University of Victoria, October 2006 Oar Business is Your Water J Votre eau, c'est notre affaire 374 es Treat water as a service rather than an end in itself, es Make ecological sustainability a fundamental criterion; c; Match the quality of water delivered to that needed by the end -use; and eg Plan from the future back to the present. This approach supports the sustainability principles adopted by Council. At its core, it believes that any water option that puts environmental or social sustainability at risk must be rejected. The soft path approach looks a generation, 20 to 50 years, into the future and encourages water use planning that meets needs without using additional water. Decision - makers should look for measures that: a Have long - lasting effects Positively influence major water consumers a Will affect or be seen by many people a Involve as many stakeholders as possible in decision making Fundamental Objective The fundamental objective is to deliver the lowest total cost (not necessarily the lowest accounting cost) that is consistent with community needs for safe, reliable and affordable water services, environmental protection, and democratic control. These values can only be assessed through meaningful public engagement in decision - making. Saint John must take bold and innovative steps to change how we use, consume, discard, contaminate, and waste our water. A booklet entitled "The Soft Path for Water In A Nutshell" will be distributed as a reference for members of Council and the public. ExCELLENCE IN OPERATIONS AND UTILITY MANAGEMENT Saint John Water is committed to meeting the diverse needs of customers, while at the same time fulfilling its obligations to the broader community and to the environment. Water and wastewater services are deeply important to society and special obligations accompany their delivery. Saint John Water provides three important public services: Drinking Water, Industrial Water, and Wastewater. People want these public services to be of high quality and well managed. They understand that providing these can be challenging both financially and operationally. Our Business is Your Water/ votre eau, east notre affairs 375 The pursuit of excellence must begin with a mindset of continuous improvement and an honest assessment of current reality. How is service delivery, in fact, performing? A true understanding of that reality will clear the way forward and encourage the City and Saint John Water to research, identify, test and implement "best practices" that lead to superior performance in every aspect of the utility. Some improvements come from within; others are modeled from positive experiences of other top organizations. There have been many significant operational and management improvements over the term of this Council. From reporting to data management, from the SCADA control system to preventive maintenance, from staff training and development and a virtually brand new leadership team drawn from both the public and private sectors. This organization is moving forward and is prepared to challenge itself and others in the pursuit of public service excellence. Presentation of the 2008 budget report highlighted the service refinement process underway. Redefined service profiles will outline service scope, value to the community and organize key programs within each service; with goals clearly set out, along with program content, annual cost, and associated performance objectives and measures. Measuring Performance A series of utility - relevant performance indicators have been refined to measure progress towards service excellence at Saint John Water. These are grouped under five general headings: organization, customers, sustainability, water services, and wastewater service. We believe that a well- organized and focused system of performance measurement will: og Strengthen accountability at all levels, clearly showing ratepayers how they are being served and the value they are receiving for their dollars. eg Change focus to results; improving service delivery generally, identifying where and how quality, efficiency and effectiveness can be enhanced. og Stimulate greater innovation, creativity and productivity; guiding how people seek out both service improvement and cost reduction. Our Business is Your Water/ votre eau, east notre affairs 376 Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 29 t� Organization and Governance Saint John Water has the expertise, the technical and operational qualifications, and the future leadership to serve the people of Saint John well. The City of Saint John should be prepared to consider a full range of organizational and governance options for its water and wastewater utility services. Besides private sector alternatives (that sector already provides many support services), other governance models could be advantageous and more effective than the status quo: os Separate commission ee Amalgamation with another utility eg Regionalized service Wholly owned utility company In the end, the underlying objective is always excellence - water quality, environmental protection, reliability and best cost. To achieve that, we must think systemically in terms of the whole, interrelationships among its various parts and how those parts can best work together. It calls for engagement of all stakeholders, ongoing assessment of utility performance, leadership at all levels, and effective policy governance. NEEDED INVESTMENTS The investment needed for drinking water involves considerably more than building new treatment facilities. A series of system improvements must accompany treatment to assure high quality, safe drinking water to users. In 2004, an expenditure of $130,640,000 was outlined for water upgrades over a 10 -year period. Almost $90 million of that preliminary estimate was for new water treatment facilities and $40.6 million for other upgrades. A further $25.6 million was identified for renewal of existing drinking water infrastructure. While there has been progress, there remains a huge fiscal challenge for the utility and its ratepayers — notwithstanding what service delivery model is ultimately chosen. In addition to the financial demands of water systems, wastewater treatment and harbour clean -up also have to be funded. An updated strategy for the utility will outline for Council exactly where investment is needed and approximately how much that investment should be. Our Business is Your Water J Votre eau, cast notre affairs 377 IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations Water Treatment Plants March 27th, 2008 Page 30 As part of the preliminary design process, our consultants have provided an estimate of $135.8 million for new treatment facilities alone. Applying the considerations discussed in this report, we believe that it is possible to reduce demand for treated drinking water and, thereby, reduce the cost of new treatment facilities fairly substantially. In the meantime, there remains a need to invest considerably in watermain improvements, pumping stations and other facilities. In addition, the commitment to infrastructure renewal must not diminish. Watershed dam renewal is essential, watermain cleaning and lining has to continue, structural deficiencies have to be corrected and service problems solved. Table 4: Preliminary Annual Operational Costs' Table 3: Preliminary Capital Cost Estimates Water Treatment Facilities West (Spruce Lake) WTP East (Phinney Hill) WTP $45.1 Million $90.7 Million In the meantime, there remains a need to invest considerably in watermain improvements, pumping stations and other facilities. In addition, the commitment to infrastructure renewal must not diminish. Watershed dam renewal is essential, watermain cleaning and lining has to continue, structural deficiencies have to be corrected and service problems solved. Table 4: Preliminary Annual Operational Costs' Water Treatment Facilities West (Spruce Lake) WTP East (Phinney Hill) WTP $1,330,000 $2,510,000 ASSESSMENT OF PROJECT DELIVERY OPTIONS How should Saint John seek to provide modern water treatment facilities for the people of Saint John? Should a conventional design- tender - construct approach be used or would a public - private partnership model be better? In the end, the method selected must reflect the best interest of stakeholders and the Saint John public generally. Before proceeding to a decision on one approach or another, it is vitally important that Council and the public be fully informed and educated on the alternatives. To be sure, there is no universal remedy for the drinking water challenges facing this community. A balanced and thorough evaluation of the alternatives and the characteristics of public - private partnerships is essential. Water is an issue that "goes to the heart" of every member of the community; it is a service very different from others and something very personal — it is essential to individual well -being and quality of life. As such, public engagement here is paramount. Our Business is Your Water J Votre eau, c'est notre affairs 378 Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 31 t� The consideration of a P3 approach should follow a balanced decision - making process, one designed to identify, understand, evaluate, and compare public - private partnership options that may benefit utility customers. The approach should be structured to evaluate the possible outcomes and risks associated with decisions. A 7 -step P3 decision process developed by the American Water Works Association Research Foundation is illustrated below.' Step I The initial step is intended to make sure that the business environment and factors driving the municipality to evaluate public /private partnership options are understood. Key objectives are to establish a common understanding of the drivers for decision - making and education of policy- makers about the need for a balanced decision process. Drivers are the factors influencing the evaluation of public /private partnerships. Step 2 Before conducting an unbiased evaluation of P3 alternatives, decision - makers need to understand those alternatives - what P3s are available, what might be appropriate in light of this utility's drivers, and what issues should be considered relative to each of the alternatives. The purpose of this step is to raise awareness of available options. The P3 Spectrum Public Private Ownership Ownership 'Balanced Evaluation of Public /Private Partnerships (P3s), a project of the AWWA Research Foundation, in collaboration with CH2M HILL, May 1999 Our Business is Your Water / Votre eau, c'est notre affairs 379 Step 4 The fourth step defines the basis for the evaluation of alternatives; critical for establishing a level playing field, with boundary conditions and ground rules that are confirmed by utility stakeholders. It is here that any biases in the P3 evaluation will be made explicit, and the measures that will form the basis for evaluating the alternatives defined. This can be a difficult exercise, requiring a great deal of self - evaluation and intensive stakeholder involvement. Step 5 The following would be detailed at step 5: es Define the P3 decision scenario - outline of what P3 alternatives, or packages of alternatives, will be evaluated. oz Identify the evaluation techniques to be used - based on research on the types of P3 decisions water utilities typically face. Work with stakeholders to conduct a comparative evaluation of the P3 alternatives — involve stakeholders and decision - makers in the evaluation. Step 6 This step is included explicitly in the P3 decision process because a decision is the objective of the process. It takes a great deal of an organization's energy to conduct a major evaluation, and sometimes the process develops a momentum of its own. This step brings the evaluation to closure. Objectives include: development of a recommendation, endorsement of key decision - makers, and communication of the decision. Step 7 At this point, if Council has decided to pursue a P3 alternative, the next step is to implement and monitor the P3. The process of selecting a P3 partner can be quite complex in itself. As such, it is important to understand and anticipate the tasks that should be part of implementing a P3. A detailed implementation plan would need to be prepared as a guide, with the degree of professional support needed decided upon. Generally, the P3 alternatives toward the right of the P3 spectrum will involve more comprehensive needs for assistance. The P3 Spectrum Public Private Ownership Ownership Our Business is Your water J Votre eau, east notre affairs M IS' Report to Common Council, M C 2008 -55 Water - Service, Sustainability, Quality, Future Generations A successful decision process has four key attributes:8 es It follows a logical path; cz It integrates the different stakeholders into the process; ca It considers risks and uncertainties; and It exposes biases. March 27th, 2008 Page 33 In the end, the decision must be sound from service, financial, and sustainability perspectives, be well documented, and be fully defensible in the public forum. Preliminary Design Consultant's Comments The conventional method of project delivery includes both public and private sector participation; the design is typically undertaken by a private sector consultant, selected through a request for proposal process, and the facility constructed by a private- sector general contractor, selected through a competitive bid process. Additional private sector participation in the development of the water treatment facilities could further include various combinations of responsibility for financing, design, construction, operation and ownership. The City's consultants have indicated that there will be no recommendation to develop the water treatment facilities with any more private sector participation than would normally be the case for projects of this nature. They have suggested that the two best approaches could be: ca The traditional design - tender -build approach; or ca A design-build-finance-operate approach based on an extended operational contract. Should the City wish to examine alternative project delivery options at a more comprehensive level, the consultant has suggested the following steps: c,3 Request potential private sector contractors to make preliminary presentations to Council in a fully public forum. es Following such presentations, an independent specialist in project delivery alternatives be hired to highlight the issues and difficulties. When the City is in a position to make a decision, a more detailed study would be of value. 8 Balanced Evaluation of Public /Private Partnerships (P3s), a project of the AWWA Research Foundation, in collaboration with CH2M HILL, May 1999 (brochure) Our Business is Your Water J votre eau, c'est notre affairs 381 Public - private partnerships in the water utility sector are not common. However, we understand that some communities have experienced success, while others have had very bad experiences with such arrangements. Two prominent Canadian examples, one apparently good and the other apparently bad, are the City of Moncton and the City of Hamilton. Those two experiences should be carefully studied and, possibly, reviewed with the decision - makers involved. PRELIMINARY DESIGN REPORT The City has engaged consultants to provide a preliminary design report on drinking water treatment. Upon completion of the consultant's final draft, a value engineering workshop will be undertaken to review the document. The value engineering step is a detailed peer assessment of the draft and its recommendations; it is designed to ensure the best possible advice to the City of Saint John and to optimize future direction for water treatment. The Preliminary Design Report will then be finalized for presentation to Common Council and the public consultation process that will follow. The public consultation process will provide opportunities for the public and the many stakeholders of the water utility to give their views and input into the overall direction that should be taken to bring fully treated drinking water to our community. It is hoped that the information provided through the preliminary design will give ratepayers and other interests an informed picture which will help them form opinions. It is recognized that people will have strong views about their water. After completion of the preliminary design process and the first round of public consultation, Council will probably be asked to set a general direction for its drinking water action plan and choose a direction, probably from among the following: a A conventional design- tender - construct approach for full treatment A public private partnership assignment for full treatment � � A conventional design- tender - construct approach for a phased implementation % A public private partnership assignment for a phased implementation FINANCIAL PLAN FOR THE UTILITY A comprehensive study has been undertaken to help clarify water and wastewater pricing policies; to assure system users that equity is reflected in the user charges for these services. A rate system based on solid principles, with logical structure and rate calculations, will be defendable in any public forum. Consultants will be making recommendations on rates and how those rates should be equitably structured over the utility's diverse customer classes. Preliminary indications are that some changes could be Our Business is Your Water/ votre eau, east notre affairs It is recommended that Common Council follow a thorough and holistic evaluation process towards developing an enhanced water service for Saint John, and that this report be received and filed. Council may also wish to have a presentation on this report scheduled for a future date. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering Responsible for Saint John Water Terrence L. Totten, FCA City Manager 9 Danger Ahead: The Coming Collapse of Canada's Municipal Infrastructure, A Report for the Federation of Canadian Municipalities (FCM) Saeed Mirza, PhD., Ing., November 2007, p7 Oar Business is Your Water J votre eau, c'est notre affaire 383 PHASED IMPLEMENTATION F TREATMENT FACILITIES Provided herein is a comparison of the phased implementation approach suggested by the consultants versus a non - phased implementation. Past to Present ca Saint John's water supply systems currently have virtually no protection from Cryptosporidium parvum — a pathogen that has the capacity to cause serious water borne epidemics (Crytposporodiasis). cs The system has marginal protection against Giardia lamblia as full protection cannot be achieved in winter months with the current disinfection process. Giardia, like Cryptosporidium, can also cause water borne illness (Giardiasis is also known as "beaver fever "). ca The current chlorination system, while programmed to alarm in the event of a malfunction or failure, is the only barrier against viruses and bacteria (including coliforms and E- Coli). c-3 When chlorine is added to the water, naturally occurring organics in the raw water react with the chlorine to generate levels of disinfection by- products (DBPs) that can approach or exceed current and proposed Guidelines for Canadian Drinking Water Quality. Considering the above and the fact that it could be a number of years before full treatment is implemented it was important to consider a consultant recommendation that Saint John Water proceed with a phased treatment implementation approach. Ultraviolet (UV) System The first phase would include the implementation of primary disinfection using ultraviolet (UV) light in addition to chlorination. It was recommended that the first phase could also include chloramination (the addition of ammonia to convert chlorine to monochloramine), thus reducing disinfection by- products. The following are the pros and cons of proceeding with a phased implementation. Pros cg Would provide the City with an additional barrier for public health protection as it would address the potential health impacts of such pathogens as Cryptosporidium and Giardia (UV) as well as reduce disinfection by- products (ammonia). Our Business is Your Water/ Votre eau, east notre affairs M Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 37 t� Cons The UV light system would need to be over -sized in order to provide for the primary protection necessary in drinking water. The raw water will not have been pretreated (coagulation, flocculation, sedimentation, filtration), making it more difficult for the ultraviolet light to pass through to properly disinfected. To overcome the lack of pretreatment requires that larger quantities of UV bulbs be installed in larger contact chambers, resulting in substantially more electricity being consumed than will ultimately be necessary once Phase 2 is constructed and the water is properly pretreated prior to ultraviolet disinfection. c For the Spruce Lake Treatment Facility, the Phase 1 UV system would have to be located at the existing facility, requiring the need for re- location during Phase 2. No such re- location would be required for Latimer Lake as the UV system would be constructed directly at Phinney Hill. c With the current configuration of the facilities, the UV systems would have to follow the addition of chlorine. As UV systems consume chlorine, the current chlorine dosages would need to be increased accordingly to compensate. This would further elevate disinfection by- product levels. ca The reason for adding ammonia to convert chlorine to monochloramine is that this essentially halts the reactions that result in the formation of disinfection by- products like trihalomethanes (THMs) and haloacetic acids (HAAS). Given the levels of disinfection by- products found in Saint John, the question arose as to how quickly the disinfection by- products were forming. Samples were therefore taken at Phinney Hill (approximately 3 km after the injection of chlorine) and at the Lakewood Heights Pumping Station (nearest customer) for the East side. For the West side, samples were collected from a fire hydrant following the Spruce lake tank and from Medi -Trust (nearest customer). The results were: o East: 79 -83% of the THMs at Lakewood Heights had already formed by the time the water reached Phinney Hill o East: 84 -100% of the HAAS at Lakewood Heights had already formed by the time the water reached Phinney Hill o West: 50 -67% of the THMs at Medi -Trust had already formed by the time the water reached the fire hydrant after the tank Our Business is Your Water J Votre eau, cast notre affairs 385 Report to Common Council, M C 2008 -55 March 27th, 2008 Water - Service, Sustainability, Quality, Future Generations Page 3 t� For the East side, there is little value in adding ammonia at Phinney Hill under Phase 1, as most of the by- products have already formed. Even if the reactions could be stopped by adding ammonia, the levels of HAAS would still be above anticipated Health Canada guidelines. Similarly for the West side, as the levels at Medi -Trust are currently about 3 times more than the anticipated Health Canada guideline, removing 50% of them by adding ammonia would not be enough. Note that these results are expected to be higher with increasing temperature of the water over the summer months (chemical reactions generally occur faster with increase in temperature). These analyses will therefore continue on a monthly basis in order to obtain summer data. The capital cost for Phase 1 work at both plants would be approximately $15 million, of which $10 million would be considered a premium (the over - sizing) over and above the construction cost of the base plants.' In addition, the electrical consumption in the early years, prior to Phase 2 would be significant in order to effectively disinfect. The electrical costs would be approximately $360,000 per year until Phase 2 was completed at which time electrical costs would reduce to approximately $75,000 - thus an annual operating premium of approximately $285,000 per year. 10 Therefore over a period of five years (until Phase 2), there would be an additional operating cost of $1.425 million. It would take approximately 2 years to design, construct and commission just the UV system. Saint John Water would be providing this additional level of treatment to water that is provided to industry for industrial purposes only, at a significant cost however it would not benefit industry at all. The cost premium to implement the 2 Phase approach including only UV is approximately $11.5 million. UV and Chloramination The phased implementation above could be further expanded to include conversion to a secondary disinfection system utilizing chloramination. The addition of chloramination would result in a capital cost of $3 million however the equipment would be reused therefore there would not be a premium but a marginal cost to relocate the equipment. 1 10 Letter Re: Preliminary Design of the Eastern and Western Potable Water Treatment Facilities Consideration of Phased Implementation, November 21, 2007, Touchie Engineering (a division of R. V. Anderson Associates Limited) Our Business is Your Water J Votre eau, c'est notre affairs :. Recommendation While a phased approach would address in the short term (approximately 2 years) such pathogens as Cryptosporidium and Giardia, it would not address other important issues such as disinfection by- products like trihalomethanes (THMs) and haloacetic acids (HAAS). Saint John has lived with the risk of Cryptosporidium and Giardia since it has been consuming surface water, for well over 100 years and it has not yet been an issue for the community. However, such an outbreak could occur. Given the significant investment that would be required to mitigate the risk for a very short period of time (pre full treatment and considering it would take two years to design and construct and commission), it is recommended that Saint John not proceed with the phased approach, but pursue full treatment more quickly so as to meet or exceed all guidelines with the Guidelines for Canadian Drinking Water Quality and to provide users of Saint John Water with highest quality drinking water. Our Business is Your Water/ Votre eau, east notre affairs 387 WATER AND ENVIRONMENTAL OUTCOMES ESSENTIAL FOR SAINT JOHN EXECUTIVE SUMMARY This report is about the future and about water in that future, the life - giving water that is so vital to good health and the exceptional water environment that embraces us. It is about growth and economic vitality, our quality of life and, most critically, the well being of people. It is about outcomes essential for Saint John; the safety and quality of drinking water; a water environment free of raw municipal sewage; sustaining costly public infrastructure; and providing reliable, incident -free services to the community. The City of Saint John has very serious water and environmental challenges, obligations that call for the profoundest of regard and priority attention now! Saint John is in urgent need of drinking waiter treatment and 100% wastewater treatment is also a public health priority. ... Medical Officer of Health The purpose of this report is to outline a 10 year plan of action to bring municipal water and wastewater services in Saint John to 21st Century standards. It sets out a time line from 2005 to 2014 during which this community and its partners will achieve: 1. 100% treatment of collected wastewater effluents (harbour clean -up); 2. Full treatment /filtration of drinking water (for safe drinking water); and 3. A transition to adequate levels of investment in infrastructure renewal. Common Council has made safe, high quality drinking water and the treatment of all collected municipal sewage foremost priorities of the City of Saint John. November 2004 City of Saint John Executive Summary Page 1 388 WATER — SAFE, CLEAN, HEALTHY WATER AND ENVIRONMENTAL OUTCOMES ESSENTIAL FOR SAINT JOHN System users need help! The cost of overcoming water and environmental deficiencies is very high. Although users will bear the lion's share of the financial burden, assistance from senior governments is essential. There is simply too far to go in too short of a time. The choices made today and their resulting outcomes will have impacts for years, on generations of citizens to come. The plan contemplates investments of over $270 Million over the period 2005 to 2014. WASTEWATER TREATMENT /HARBOUR CLEAN -UP WHAT IS AT STAKE Public Health & Well -Being Environmental Responsibility Service Reliability Viable Community Growth Water Needs of Industry Financial Sustainability Almost 12 years after the promise and hope of the Saint John Wastewater Strategy, the clean -up plan for Saint John Harbour sponsored by all three levels of government, municipal sewers continue to discharge over 16 million litres of raw sewage daily into the Harbour, the Saint John River, Courtenay Bay, Marsh Creek, Dutchman's Creek and other watercourses. There has been progress, with raw sewage pollution down by over 30% from its 1993 peak of 23.5 million litres /day discharged. Almost $29 million has been committed to wastewater system improvements - most 100% municipally funded. WW Treatment Progress - 1993 to 2004 An aggressive course of action has been laid to achieve 100% treatment of all collected wastewater. This time line calls for sustained political resolve and diligence on the part of all those involved in getting the work done. The pivotal project for Saint John Harbour Clean -up is a new secondary level treatment facility to service East Saint John and the South Central Peninsula. Design of the new Eastern Facility is underway. Upgrade costs alone will exceed $88 million. The plan contemplates three -way cost sharing for this work over 9 years, with 100% clean -up achieved by 2013. November 2004 City of Saint John Executive Summary Page 2 389 WATER - SAFE, CLEAN, HEALTHY WATER AND ENVIRONMENTAL OUTCOMES ESSENTIAL FOR SAINT JOHN DRINKING WATER QUALITY, SAFETY AND SERVICE Notwithstanding the many positive features of Saint John's public water system, two very serious and major deficiencies remain: first, there is an absence of necessary treatment (filtration); and secondly, some infrastructure is very old — having long ago exhausted reasonable service expectations. Both of these issues need attention ... now! Drinking water must meet high standards of quality. In fact, the current Guidelines for Canadian Drinking Water Quality should be viewed as obligatory standards, as is the case now in many jurisdictions. Treatment of water in both the East and West (potable) systems is limited to coarse screening, disinfection (chlorination) and fluoridation. In 1999, a major water system needs analysis was undertaken and a Water Strategy developed for municipal water encompassing the full range of needs (supply, treatment, storage, transmission and distribution). Since that time, there has been further consideration and engineering analysis of the options, along with invaluable experience. The conclusion is to recommend the so- called Modified Option 2B as the preferred water configuration for integrated water supply systems, with water treatment plants East and West. It will provide needed redundancy and the capability of supplying water from East to West as well as from West to East across the Reversing Falls Bridge. The estimated cost of work that remains is just over $130 million; $89.5 million of which is for the treatment plants, projected for construction in 2010/2011. Actual implementation will depend on approvals, secured funding support and capacity of engineering resources. SUSTAINABLE MUNICIPAL INFRASTRUCTURE The Saint John water system was the first public system in Canada. It dates back to the 1830s. The first sewer was constructed in 1860 and the first separate sanitary sewer in 1890. Two very large system - critical water transmission mains still in service today were installed when Confederation was becoming a reality - one just prior to the American Civil War in 1857, the other just after in 1873. Infrastructure is deteriorating at a rate faster than it is being replaced: despite the vital importance of water and sanitary services to daily lives, utility infrastructure is too often taken for granted. Without infrastructure there is no service. These assets also have great value - an amount that will increase substantially in the coming years. In 2002, the replacement cost of utility infrastructure was estimated at $480 million. The 2002 Water & Sewerage Business Plan Review determined that the perpetual investment in infrastructure renewal should be at least $6.7 million annually forever. Of particular concern are water systems, where the rate of investment should be substantially higher - to replace a serious backlog of water infrastructure. A Management Plan for Sustainable Utility Infrastructure, based on principles of the FCM -NRC National Guide to Sustainable Municipal Infrastructure, will mature over time. November 2004 City of Saint John Executive Summary Page 3 390 WATER - SAFE. CLEAN. HEALTHY WATER AND ENVIRONMENTAL OUTCOMES ESSENTIAL FOR SAINT JOHN A FINANCIAL MANAGEMENT MODEL A financial management model has been developed to provide a long -term picture of revenues and expenses, 2005 to 2014 — to provide a context for the work that needs to be undertaken. It is designed to guide policy and major decisions, to enhance effectiveness in long -term planning, to provide a clear context for utility management, to optimize long -term investments, and to better inform the public and other stakeholders. The recommended model contemplates capital expenditures in excess of $270 million over 10 years; including at least $106.79 million in assistance from others for cost - shared upgrade programs over the 10 -year period from 2005 to 2014. The City of Saint John water and wastewater utility would invest up to a further $163.5 million over those 10 years. Under the plan, utility customers would be meeting their obligations and, at the same time, expecting reasonable and justified funding support from senior partners. Highlights - 2005 Revised Funding Support Model 1. Addresses water quality and environmental protection needs over time. 2. Substantial financial commitments on the part of the utility and its customers. 3. Reasonable and clear funding expectations from other levels of government. 4. New Eastern Wastewater Treatment Plant construction during 2006/2007. 5. New water treatment plants East and West constructed in 2010/2011. 6. Fully treated, filtered water by 2012; harbour clean -up by 2013. 7. Construction of two new East storage reservoirs in 2009 and 2014. 8. Move towards adequate levels of investment in infrastructure renewal. 9. Fair and equitable distribution of utility costs among the various user groups. 10. Commitment to the future of this community and the well -being of its people. GETTING THE JOB DONE Clean, healthy water is crucial to Saint John's future and that of its people. Regardless of the "realities ", regardless of competing priorities, regardless of special or private interests, there is an urgent call for action, action now, action that is sustainable, action that deals with our most serious public responsibilities. Sustained commitment, vision and strong political leadership at every level, working with the community will enable Saint John to accomplish the outcomes that it so badly needs. The future is at stake; it is time to act! Our children and their children deserve nothing less! November 2004 City of Saint John Executive Summary Page 4 391 March 26, 2008 Your Worship and Councillors: SUBJECT: 64 -72 Queen Street Assent to Municipal Services and Public Utility Easements The Planning Advisory Committee considered the attached report at its March 25, 2008 meeting. Mr. John Johnson (Johnson Engineered Solutions Limited) and Ms. Kit Hickey (Housing Alternatives Inc.) appeared to speak in support of the application and expressed agreement with the Staff recommendation. Mr. Jean -Yves Boudreau, the owner of 74 Queen Street, appeared before the Committee to express concern with the proposal. However after hearing the discussion between the Committee and the applicant indicated that his concerns had been addressed. Four letters of objection were also received and are attached. After considering the attached report and presentations, the Planning Advisory Committee adopted the recommendation as set out below. The Committee also granted several variances related to the development. RECOMMENDATION: That Common Council assent to any required municipal services and public utility easements. Respectfully submitted, Stephen Horgan Chairman PF Attachments Project No. 08 -104 392 DATE: MARCH 20, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 25, 2008 Patrick Foran 393 Planning Officer SUBJECT: Name of Applicant: Comeau MacKenzie Architecture (for Housing Alternatives Inc.) Name of Owner: South City Housing Co- Operative Limited Location: 64 -72 Queen Street PID: 00003350, 00003368, 00003376 and 00003384 Municipal Plan: Medium Density Residential Zoning: "RM -IF" Multiple Residential Infill Proposal: To construct a twenty -one unit apartment building. Type of Application: Variances to: (a) Reduce the minimum required lot area from 1,065 square metres (11,464 square feet) to approximately 1,056 square metres (11,367 square feet); (b) Reduce the minimum required front yard setback from 1.5 metres (5 feet) to zero; 393 Comeau MacKenzie Architecture Page 2 64 -72 Queen Street March 20, 2008 (c) Reduce the minimum required number of off - street parking spaces from twenty -one to four; (d) Reduce the minimum required width of a manoeuvring aisle from 7.5 metres (25 feet) to approximately 6.7 metres (22 feet); (e) Reduce the minimum required width of landscaping surrounding the building from 1.5 metres (5 feet) to depths varying between zero and 1.22 metres (4 feet); (f) Reduce the minimum required width of landscaping between the side property line and the proposed driveway access from 1.5 metres (5 feet) to 0.4 metres (1.3 feet); and (g) Reduce the minimum required width of landscaping between the rear property line and the proposed parking area from 1.5 metres (5 feet) to 0.3 metres (1 foot); JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That the Planning Advisory Committee grant the following variances to permit the construction of a twenty -one unit apartment at 64 -72 Queen Street, as generally illustrated on the attached drawings: (a) Reduce the minimum required lot area from 1,065 square metres (11,464 square feet) to approximately 1,056 square metres (11,367 square feet); (b) Reduce the minimum required front yard setback from 1.5 metres (5 feet) to zero; 394 Comeau MacKenzie Architecture Page 3 64 -72 Queen Street March 20, 2008 (c) Reduce the minimum required number of off - street parking spaces from twenty - one to four, on the condition that that the apartment building is developed and maintained as a provincial rent - subsidized housing project; (d) Reduce the minimum required width of a manoeuvring aisle from 7.5 metres (25 feet) to approximately 6.7 metres (22 feet), on the condition that the parking area and driveway access are paved with asphalt, enclosed with cast -in -place concrete curbing, and proper storm water drainage is provided to the satisfaction of the Chief City Engineer; (e) Reduce the minimum required width of landscaping surrounding the building froml.5 metres (5 feet) to depths varying between zero and 1.22 metres (4 feet), as illustrated on the submitted site plan; (f) Reduce the minimum required width of landscaping between the side property line and the proposed driveway from 1.5 metres (5 feet) to 0.4 metres (1.3 feet), on the condition that an appropriate guard rail be maintained along the drive aisle to protect the neighbouring building; and (g) Reduce the minimum required width of landscaping between the rear property line and the proposed parking area from 1.5 metres (5 feet) to 0.3 metres (1 foot) on the condition that the landowner ensures that a suitable fence is maintained at all times between the parking area and the adjacent property to prevent vehicle headlights from shining across the common property boundary; (h) That all necessary site work be completed within six (6) months from the date of issuance of the building permit for the apartment building. 2. That Common Council assent to any required municipal services and public utility easements. BACKGROUND: In November of last year, the applicant had submitted an application to construct a twenty -one unit apartment building at this location. The previous application was circulated to the neighbouring property owners but was withdrawn prior to consideration by the Committee as it was discovered that the original building location would have been atop a large sewer pipe, which is not permitted. The proposal has since been modified to resolve this problem, which includes relocating the pipe in question. 395 Comeau MacKenzie Architecture Page 4 64 -72 Queen Street March 20, 2008 INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments with regards to this application: • There is an existing 375 mm diameter combined sewer pipe running between civic # 64 - 66 that cannot be abandoned nor can it be built over. If development is to continue, the developer shall be responsible to relocate the sewer and must also install the required storm sewer • If the existing pipes are relocated, the owner must provide the City with the required easements on the property. • The 150 mm diameter water main on Queen Street must have fire flow tests conducted in order to determine if fire flow capacity can be achieved for a building with this many units; • A building of this nature would require the installation of a City approved water meter; • Engineering does not support the requested front yard variance as it may interfere with snow removal, the placement of natural gas meters and the placement of barrels for solid waste management (if placed out front); • Engineering does not support the proposed reduction in the landscaped areas; • Engineering is of the opinion that the off - street parking variance is excessive; • Engineering does not support the request for the reduced manoeuvring aisle width, as it would be difficult to manoeuvre in a narrow parking aisle, especially in winter. Building and Technical Services has indicated that they have no concerns at this point in the process. Heritage Preservation has indicated that staff has discussed this proposal and are supportive of the concept. A detailed analysis is expected to be presented to the Heritage Development Board within the coming weeks. Heritage staff is supportive of the requested variances, several of which will also be required in order to satisfy the standards of the Heritage Development By -law. Saint John Transit has indicated that the South End is provided a total of nineteen trips daily along Charlotte Street, which is in very close proximity to the subject property. Saint John Transit supports high density residential development in the Central Peninsula. Fire Department has provided the following comments: 396 Comeau MacKenzie Architecture Page 5 64 -72 Queen Street March 20, 2008 • There is no objection to this application provided that the National Building and Fire Codes are adhered to and that the plans are submitted to the Department of Public Safety, Building and Technical Inspection Division for review; • Some of the areas of concern within the National Building and Fire Codes include • Fire separations within the building; • Access, egress paths and stairways; • The requirement for fire extinguishers; • The requirement for a fire alarm system; • The possible requirement for a sprinkler system (depending on building dimensions); • Emergency lighting; • Exit signs throughout the building; and • Fire -rated doors and closures. Saint John Parking Commission has advised that parking spaces in the Uptown Saint John area are becoming harder and harder to find. The Strategic Parking Plan developed by the Saint John Parking Commission calls for the possibility of building two -three parking garages in the Uptown area over the next five to ten years at a capital cost in excess of $50 million dollars ($26,000- $33,000 per space) to deal with the future parking needs as new developments are completed. The Saint John Parking Commission, in conjunction with the City and the Saint John Transit Commission, are looking at Transportation Demand Management projects and /or strategies such as improved transit use, park and ride service and carpooling as ways to reduce the future parking demand. The Saint John Parking Commission feels that it is important that any development in the Uptown area stand on its own and provides the required number of parking spaces to meet the Zoning By- law requirements. In the opinion of the Parking Commission, this is a good example of a situation where a cash -in -lieu parking program would help cover the cost of developing parking in the Uptown area where it is difficult or impossible for the developer to provide on -site parking. ANALYSIS: Location and Neighbourhood The subject property is situated on the south side of Queen Street, to the west of Queen Square, in the City's South End (see attached location map). The site is comprised of four parcels although there is presently only one building remaining on the site. This building is a three -level brick structure that had contained four dwelling units until it was vacated last year due to substantial fire damage. 397 Comeau MacKenzie Architecture Page 6 64 -72 Queen Street March 20, 2008 The immediate neighbourhood is primarily residential in nature, with the main form of development being low -rise, medium density apartment buildings with lower density (one- and two - family) dwellings along Harding and St. James Streets. Being adjacent to the urban Uptown core, the wider area also contains a variety of commercial, institutional and recreational uses. Proposal The applicant, on behalf of Housing Alternatives Inc., is seeking permission to construct a new three -level apartment building that would contain a total of twenty -one apartment units. The new building would be larger in size than the structure presently located on the site however the central portion would retain the brick facade on the front of the existing building (see attachments). The applicant has indicated that the new apartment building would contain seven dwelling units per level. The housing units would be constructed to satisfy the affordable housing criteria of the Province of New Brunswick and would be operated on a non - profit basis by Housing Alternatives Inc.1 Contextual Compatibility The property is situated in an "RM --IF" Multiple Residential Infill zone, in which an apartment building is a permitted use. As the Committee is aware, many of the zone standards are based upon the context of the surrounding neighbourhood. In addition to the contextual compatibility requirements of the Zoning By -law, the subject property must also satisfy the provisions of the Heritage Development By -law as it is located within the Trinity Royal Preservation Area. A formal application to the Heritage Development Board, including more detailed information in regards to the design of the building facades, will be necessary prior to any construction activity taking place. This process will ensure that the new building will satisfy all historical and contextual requirements of the City. As building height has been an issue in certain other infill projects it should be mentioned that the new construction would the same height as the existing building, which is of similar height to the two adjacent buildings. The proposed building height can therefore satisfy the By -law standard of being between 80 -120% of the average building height for this block face. Municipal Plan Policies ' Housing Alternatives Inc. is a private, non - profit organization whose mandate focuses on the development of non- profit housing projects and the management of co- operative and non - profit housing in Saint John. An entire range of services is provided, including property management, maintenance and bookkeeping. Bookkeeping services are also available to other non - profit groups. M Comeau MacKenzie Architecture Page 7 64 -72 Queen Street March 20, 2008 The Municipal Development Plan has designated the area in question as Medium Density Residential. Development of the proposed low -rise apartment building is supported by the policies for the Central Peninsula, which recognize the existing low -rise medium density residential uses and encourages any redevelopment in this area to be of a nature that is compatible with and enhances the existing residential neighbourhoods. The Plan also indicates "this pattern of residential density distribution contributes to maintaining a concentration of population in the central city area" that is considered vital to the Uptown area. In turn the policies of the Uptown encourage "a city -wide social development strategy [to] ensure that Saint John is a balanced community, extending social equity throughout the city." Recent affordable housing projects such as the apartment buildings located on Leinster Street (Saint John Non -Profit Housing Inc.) and Adelaide Street (Housing Alternatives Inc.) help to realize these goals. Consideration of Variances Prior to undertaking the preparation of more detailed plans required by the Heritage Development Board, the applicant is requesting consideration of certain variances from the requirements of the Zoning By -law. The specifics of each variance are outlined earlier in this report whereas the following sections elaborate on the context. Off - Street Parking Numerically, the most significant variance relating to this housing project is off - street parking. A total of four parking spaces are being provided whereas a minimum of twenty -one is required. This standard is based upon an expectation that each tenant (family) will own at least one vehicle. In most applications involving non -profit housing projects it has been accepted that tenants will not own vehicles, and therefore the typical parking requirements are not appropriate. This differs from market driven projects where tenants are likely to have vehicles or where there is no mechanism to ensure that future tenants will likely own vehicles. Notwithstanding, the Committee has granted some parking variances for the development of additional apartments within existing buildings, especially when on- street parking (or parking facilities) were available. In consideration of the income levels of the tenants who would reside in this proposed apartment building, the requested parking variance is considered reasonable. By way of comparison, the Committee granted a variance that reduced the number of parking spaces from twenty -one to only eight for the Housing Alternatives Inc. project at 63 Adelaide Street in 2006, which involved a sixteen -unit apartment building with an office requiring five off - street parking spaces (leaving only three spaces for the residents). Staff understands that the off - street parking provided for this existing development in the North End remains underutilized, even with the small office situated within the building. 399 Comeau MacKenzie Architecture Page 8 64 -72 Queen Street March 20, 2008 Furthermore, the Zoning By -law already recognizes the reality of there being different parking needs depending on the tenants involved. For instance, if affordable housing projects were to be treated the same as senior citizen projects only five off - street parking spaces would be required for the proposed apartment building. Saint John Transit has commented that there is significant service provided along Charlotte Street, in very close proximity to the subject property. Approval of the requested parking variance can be recommended on the condition that the apartment building is developed and maintained as a provincial rent - subsidized housing project. It should also be noted that while additional on -site parking could be provided, it would involve the removal of some of the required landscaping and amenity space, possibly necessitating additional variances. Given the nature of the development, Staff considers that the proposed landscaping and amenity space are more advantageous to residents of the building than an increased parking area. The requested parking aisle variance is also considered reasonable given the minor numeric nature of the variance and in light of the anticipated use of the parking area by tenants. Landscaping The amount of landscaping and amenity space being proposed by the applicant conforms to the By -law standard, however there are three aspects that require variances: 1) a continuous 1.5 metre (5 feet) landscaped area is to be maintained around the entire building; 2) a landscaped area with a width of 1.5 metres (5 feet) is required between the driveway entrance and the common side property line; and 3) a landscaped area with a width of 1.5 metres (5 feet) is required between the rear parking area and the common rear property line. While there are some deficiencies, the landscaping proposed by the applicant is considered to meet the intent of the Zoning By -law and is considered appropriate given the site constraints as well as the size and anticipated use of the driveway entrance /parking area. Approval of the variances can be supported, however the Staff recommendation includes two conditions to ensure that neighbouring property owners are not negatively impacted by the reduced landscaped areas. These conditions are the requirement of an appropriate guard rail to be installed and maintained along the eastern (right -hand) side property line to protect the adjacent building and that a suitable fence be maintained at all times between the parking area and the adjacent property to prevent vehicle headlights from shining across the common property boundary. Both of these elements are shown on the plans submitted by the applicant. Staff is recommending that these elements be installed within six (6) months from the date of issuance of the building permit for the apartment building. ma Comeau MacKenzie Architecture Page 9 64 -72 Queen Street March 20, 2008 Front Yard and Lot Area (Density) According to the site plan submitted by the consultant, the existing building encroaches slightly beyond the front property boundary onto the public street right -of -way,. This encroachment would continue, as the existing brick facade would be incorporated into the design of the new building. However, the new building additions would be slightly recessed from the existing facade in order to satisfy the contextual compatibility requirements of the By -law and would be situated approximately along the front property line. Although the By -law requires a minimum front yard setback of 1.5 metres (5 feet), given that the central portion (i.e., the existing front facade) would remain, and that the other buildings in the block face are also situated along the sidewalk (street boundary), the requested variance can be supported. In addition, the proposed apartment building will contain a total of twenty -one dwelling units. Based upon the configuration of the apartments (number of bedrooms per unit), a minimum lot area of 1,065 square metres (11,464 square feet) is required. However, the subject property only has an area of approximately 1,056 square metres (11,367 square feet). As the discrepancy is rather minor in nature, only being a difference of 9 square metres (97 square feet), this variance can be recommended for approval. Servicing The developer will be required to relocate an existing sewer line running over a portion of the subject property (see comments from Municipal Operations and Engineering). Based on discussions with both this Department and the Department of Municipal Operations and Engineering, the applicant has revised the original application by proposing to move the building closer to the west -side property boundary and relocate the sewer line beneath the driveway access. A municipal services easement will be required for the sewer line's new location, as has been requested by the Municipal Operations and Engineering Department. Staff is recommending Council's assent to this easement as well as any necessary public utility easements. CONCLUSION: The proposed affordable housing project is supported by the policies of the Municipal Plan and the existing zoning permits the construction of an apartment building with the same footprint and height as proposed by the applicant. The requested variances relating to this proposal can be supported, as outlined in this report, including the request for a minimal number of off - street parking spaces. Further detailed review of the architectural detailing will need to occur as the subject property is situated within the Trinity Royal Heritage Preservation Area. This review will ensure that the historical and contextual compatibility requirements of the infill zone are met. 401 Comeau MacKenzie Architecture Page 10 64 -72 Queen Street March 20, 2008 PF Project No. 08 -104 -A PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT \11'•x" sz tt • It+ i 0. ,,4 • 1 �IY -R �r A 7 Y� 7 , + n__ no 1 N• ' 1 " R M - l' .%+ to c 1-- 1 _--- B - 2 2N -r-• M1� _ f TL 1 I32D •55 51 25 ! A Queen St. , 2e �'"..if25e1� • , r `, 1 * foe �a r 7 Ir r {.� J + w + • 212 °° •� \ r a ' �.t': war M A • ;.. 1 N 1 1� tr►9 } • ,2e : y n N x T +•�� 1 t 'x ueer for �� tee w , . car- • ,52 p � G ' • A P P 235 ' 2�1 • y tlf�,` w N 12 P 17 1\ 211 y , •1e l • \ \ '� M `� �` 1 _ IN sae+ $ t• e S t ! ,e t _•� +r r 62 t • 23 , Y Subject Site / site en question: Location: 64 -72 rue Queen Street Date: March / mars 12, 2008 Scale / echelle: Not to scale / Pas a 1'echelle 403 3` i xt O h PID(s) / NIP(s): 00003350 00003368 00003376 00003384 tat an �Ir� Mr. Terry L. Berry 57 Queen Street Saint John, New Brunswick E21- 153 Mr. Patrick Foran Planning Office Planning and Development P.O. Box/C. P. 1971 Saint John NB /N. B Canada E21- 41-1 Dear Mr. Foran: MAR 19 2',J Fff ®,S A � F Thank you for your letter dated March 12, 2008. Approximately three years ago, I purchased the property at 57 Queen Street. It is a very nice quiet neighborhood within walking distance to many locations in the city. I have found the only drawback of this street to be the lack of parking at most times. This problem did diminish somewhat when the building in question became vacant. However, it has been sad to see that building vacant. But with all that said, I have still enjoyed being a new resident of the City of Saint John. I find almost all of the short comings to the developer's application to be minor with one exception - the parking. I think that, like most cities, Saint John has invested tremendous effort to put into place rules and requirements for buildings and expansions that meet not only the needs of the city but for its citizens as well. To develop 21 rental M housing units with only four parking spaces is, in my judgment, contrary to that objective. Most families of one or more have more than one car. Where will they put them? Good weather will be bad, but winter will be a nightmare. The developers have a great building, and it should remain the same size and foot print or as close as possible with minor changes. I do not see 21 families with four parking spaces as minor. If the City of Saint John establishes parking requirements, then the City should stand by them or repeal them. I do understand the need for housing in Saint John, not only housing in general, but affordable housing in particular. But meeting this need does not require the ruination of an entire neighborhood. have been a real estate broker for over 28 years. There are better ways to meet the housing needs in Saint John. I am sure you and other City officials have all have been in situations where you arrive at your destination only to discover that you cannot find a place to park. Now, just imagine, that is your own home. am truly sorry I cannot make the 6:00 p.m. meeting March 25th, so I am sending this letter and will be more then happy to assist in any other way. I firmly believe that a property owner should be able to do 405 Jeff Smith Apt 1, 133 Union Street Saint John, NB E2J 1 A6 Subject: Proposed Variances 64 -72 Queen Street Dear Planning and Advisory Committee, �w MAR 25 3 SA�� My name is Jeff Smith and I recently purchased 62 Queen Street as my new place of residence. I just became aware of the new development boarding my property. I would like to ask for an easement or shared access to the driveway boarding my property. This would allow me assess to my back yard which is around 1000 square feet and could accommodate parking for 2 cars. My building currently does not have any off street parking. I am in favour of developing this site. However my main concern is with the lack of off street parking and the additional strain 21 units will bring to the area. If the new driveway would have an easement so I can access my backyard my concerns would be addressed. I believe part of the new curb would need altering that boarders my property to allow car access. Sincerely, Jeff Smith 506- 653 -0823 M March 19`" 2008 From: Dennis Almost 216 Germain Street, Saint John, NB E2L 2G4 To: The Planning Advisory Committee, City of Saint John, PO Box 1971 Saint John, NB E2L 4L1 To Committee Members: Re: Proposed Variances — 64 -72 Queen Street � MqR 2v L��3 sArrrV ` I am responding to the March 12, 2008 letter that was circulated to property owners within the vicinity of the proposed development at 64 — 72 Queen Street, Saint John. I am supportive of this infill development project in the Trinity Royal Heritage / Uptown area, and the applicants efforts to provide quality housing. I do not support the application for a variance to "reduce the minimum number off - street parking spaces from twenty one to four" and, secondly, the variance to "reduce the minimum front yard setback from 1.5 meters (5 feet) to zero ". It is my belief that the current Zoning Bylaw is clear. If approved, it is my opinion that a variance to reduce the minimum number off street parking spaces (from the 21 as per the current bylaw to 4 ) would significantly impact on current established residential and public parking availability on city streets in this residential area. Current street parking is already significantly limited. The argument often used in these instances tends to be that building residents can use street parking and rent other private parking spaces in the vicinity. To me this is not a rational argument as it is based on subjective assumption, and not objective planning as per parking bylaws. A variance to the current bylaw regarding building setback (from 1.5 meters to zero), would create an urban environment that is not aesthetically pleasing and lacking in green space. The current Zoning Bylaw in regard to building set backs should be maintained in this and future instances to encourage increased green space, residentially sensitive design, and aesthetically pleasing infill development. There seems to be significant growth in both commercial and residential development in the Uptown Heritage Area (s), which I think is a positive for our city. Unfortunately, 407 rA 220 Germain Street, Saint John, NB E2L 2G4 Tel: 506.636.8000 Fax: 506.636.8001 Toll Free: 800.796.7755 Email: mmanorbbCu,nbnet.nb.ca Website: www.sinow.com /mm Your Hosts: Carl Trickey & James Crooks Recipients of the 2003 Tourism Saint John & Hospitality Saint John Award for `Operators of the Year' N Distinctively Different in the `heart of Uptown' Saint John RECTIVEi) March 22, 2008 Planning Advisory Committee "t City of Saint John PO Box 1971 Saint John, NB E21, 4L1 OPS0 To: Members of the Planning Advisory Committee Regarding: Letter dated March 12,2008 from Planning Advisory Committee concerning proposed variances for construction of a 21 unit multi - family dwelling at 64-72 Queen Street. Thank you for your letter, site map and conceptual drawing of the proposed multi- family dwelling proposed for our neighborhood. We are pleased to see a proposal for development of this Queen Street property that would: 1) add a significant number of quality units to our neighbourhood, and 2) save and enhance a historic facade that may otherwise become lost to future generations of our city. For these two aspects the developer is to be commended. We have taken the opportunity to visit the site to understand the implications of the proposed variances and offer the following comments: Parking is a very real concern for residents of the city in general and particularly those living within the south end peninsula. A lack of parking impacts negatively upon the quality of life of tenants and the neighborhood. Although, we as a city M aspire to the future goal of `life without a car may be possible', we have not achieved this and adequate space must be allocated to address this issue in any new development. At the time of our visit the street was lined with cars and no additional spaces were available. To add, the need for seventeen more spaces, places an unnecessary burden upon the neighborhood and will not contribute to the comfort and well -being of those choosing to live here. We would believe that ensuring a parking space for each tenant will contribute positively to the rental of units and the quality of the proposed project. Setback is a common and aesthetically pleasing development consideration when establishing infill units and must be respected in the design of this unit. A lack of setback will impact negarively upon the look of the dwelling and will not support the very reason the original facade of the historic property was saved and utilized in the construction of the infill. In addition, setback will provide the developer with the opportunity to create green spaces that contribute positively to the look of the dwelling and the neighborhood. Landscaped areas are essential to the comfort and quality of life of the tenants and are compatible with not just the bylaws that regulate our city's development but have recently been articulated by the citizens of this city in both the Vision 2015 and Urban Design requirements developed by city residents in public consultation. In conclusion we feel it important to comment on the implication of the variances requested and that the granting of these variances would create a precedent for future applications that is not consistent with the core beliefs for urban design articulated and recorded by the citizens of this city for future development in the uptown area. We are not just creating a building we are building a neighbourhood. We encourage this developer to move forward with this project, respecting the economic implications of denial of these variances, but we also respect that the citizens of this city support development but not at any cost! We want `life on our terms', we want quality of life and that goes beyond the dwelling to the impact upon the neighborhood and the city. Thank you for your consideration of our comments. Regards, Carl Trickey /James rooks 220 Germain Street M Rockd Park Saint John, New Brunswick A Diui.siorn of'To(ul Go1J'AIunuycincn(, Inc. P.O. BOX 784 Saint John, N.B. E2L 4B3 March 10, 2008 City of Saint John Attention: Patrick Woods, Common Clerk 15 Market Square P.O. Box 1971 Saint John N.B. E21 411 506 -634 -0090 506- 633 -0258 (Fax) Re: Rockwood Park Golf Course and Aquatic Driving Range Report submitted pursuant to a Contract between The City of Saint John and Total Golf Management Inc. dated March 05, 1999 Dear Sir: In connection with this matter, attached please find a report from Total Golf Management Inc. to the City of Saint John which is being provided in accordance with Article IV(] 1), IV(13) and IV(] 5) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. Total Golf Management Inc. points out that most usage fees have been unchanged since the 2004 golf season. With increasing costs, and recent public pressure to spend significantly more on Capital Improvements than required by contract, Season Pass Fees and Greens Fees (with the exception of Junior greens fees) will increase in 2008. It should be noted that a study by the National Golf Course Owners Associations in Canada and the United States determined that the number of new golf course openings was outnumbered by golf course closures across North America in 2006 for the first time since 1945. This was generally attributed to a gradual decline in the number of new players entering the game throughout North America, since 2001. The decline in golf play in the Saint John area has been exacerbated by the lack of major construction projects since the end of the Canadian Patrol Frigate Program and the Oil Refinery expansion. Industry advocates believe that surviving Golf course owners and operators will see usage/ rounds played trend upwards beginning in either 2008 or 2009. :11191 Attached to the report are three (3) Appendices as follows: • Appendix I to the report provides a summary of enhancements, accomplishments, refinements, improvements and operating highlights of the past year as set out in Article IV(13). • Appendix II provides a summary of the proposed 2008 Fee Structure with the 2007 rates for comparison purposes as well as the rates and fees being charged by other golf courses in this market as contemplated by Article IV(11). • Appendix III is a copy of the proposed Administration, Management, Operation and Maintenance Plans for the facilities for the coming year. A representative on behalf of Total Golf Management Inc. will attend a meeting of Common Council, if required, in order to address any issues arising from the report. Respectfully submitted, r Gerry Co n Ily President, otal Golf Management Inc. cc: Gary Lawson HE TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report :11VA INDEX Appendix I - Accomplishments / Enhancements 2007 Golf Season Appendix II - Proposed 2008 Fee Structure, Rockwood Park Golf Course and Aquatic Driving Range. APPENDIX III - Proposed Plans / Enhancements 2008 Golf Season :11191 APPENDIX !1[I APPENDIX Accomplishments / Enhancements 2007 Golf Season A comprehensive review of TGMI's contractual performance was completed by the City and concluded that TGMI is fully compliant. An annual performance review shall take place throughout the remainder of the contract term. TGMI continues to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered each year since 1995 and provides great value. The Program includes: 1) A series of golf clinics and, in some cases, private instruction, 2) an Opening Field Day to kick off the golf season once school classes end, 3) a club championship whereby a Junior male and female club champion are crowned, 4) a Closing Field Day in late August and 5) an opportunity to play a lot of golf with few restrictions. For the past several years the Rockwood Park Golf Course has held the annual United Way Golf Tournament. Gerry Connolly, the President of Total Golf Management Inc. served as a volunteer with the United Way for a number of years prior to 1995. This umbrella charity is still a priority for Mr. Connolly having witnessed the far reaching benefits of local fund raising. TGMI waives all greens fee costs associated with this tournament, contributing significantly to the annual bottom line of the charity. The resulting lost revenue to TGMI for this "in- kind" community support is more than $ 3,500.00 each year. There are a number of charitable and corporate events scheduled throughout each golf season. These events allow TGMI to showcase this wonderful City asset to many visitors to the City of Saint John while also assisting local charities to raise many thousand dollars. Cruise ship passengers are regular customers at the Rockwood Park Golf Course and are enthralled at the quality and value of the golf experience offered. TGMI completely reconstructed, expanded and, in a few cases, added new teeing grounds on holes #4, #6, #7, #9, #10, #11, #12, #13, #14, #15, #16 and #17. This was a major project, which will be completed in 2008, correcting the deficiencies of the existing tee boxes which were constructed, for the most part, prior to 1995. This project began after a detailed plan was developed with significant input from two very well respected industry experts (golf course superintendents from Mactaquac and Hampton) and with the approval of City staff. Given the poor quality of the sub -base material, TGMI stripped the sub -base to a depth of 18 inches, replaced it with a specified sand /soil material, levelled and enlarged the usable area on most tees, replaced all irrigation lines and components and, finally, sodded to finish the job. TGMI spent $ 70,000.00 more on Capital work in 2007 than required by contract. TGMI will again spend beyond Capital requirements during the next 2 golf seasons. TGMI will do this work at its own cost and will not expect any assistance from the City ( beyond contract ) thus not affecting tax payers. TGMI must, however, increase usage fees to cover 1) construction costs, 2) increased maintenance costs once the work is completed and 3) annual increases in operational costs. :11M The clubhouse kitchen was reopened in 2007 and an entire new suite of kitchen equipment was outfitted. The fire suppression system in the kitchen was upgraded to meet current government standards. The kitchen was, generally, poorly supported except during scheduled outings / tournaments. There were a total of 28,136 rounds of golf played at the Rockwood Park Golf Course during the 2007 golf season. The approximately 250 season pass holders accounted for13,605 rounds of golf, 48.4% of total usage. The 14,531 green fee rounds played in 2007 represented a decrease of about 200 daily fee rounds compared to 2006. TGMI believes that the downward trend in green fee play since 2001 will reverse given: 1) Positive signs which have been identified by golf industry leaders and advocates, 2) the significant capital improvements to the Rockwood Park Golf Course (beyond contract) being implemented by TGMI and 3) the cooperation of City Staff and Common Council in promoting this great City asset, which we share responsibility over in our "Partnership ", to prospective businesses and residents to the City of Saint John. !1i11.1 APPENDIX 11 :11VA APPENDIX II Proposed 2008 Fee Structure Rockwood Park Golf Course and Aquatic Driving Range HST included) SERVICE FEES 2007 2008 Pull carts $ 4.00 Power carts (per round) $ 4.00 $29.00 $ 29.00 Extra Large bucket balls (app.110 balls) $11.50 $ 11.50 Large bucket balls (app.65 balls) $ 7.00 $ 7.00 Small bucket balls (app.40 balls) $ 5.50 $ 5.50 GREEN FEES - 7 days a week 7am -1 pm 1:10pm -3pm After 3pm Junior green fee Senior green fee (See Note 1) $35.00 $37.00 $ 27.50 - $ 35.00 $ 31.00 $20.00 - $27.50 $25.00 $ 18.00 $ 18.00 $ 20.00 $ 22.00 Note 1 - This fee applies after 12 noon each Monday through Thursday, throughout the entire golf season, for any golfer who has reached their 60"' birthday 10 Greens Fees for the price of 8 �!rrrrrrr 10 round package $ 299.00 SEASON PASS ANNUAL FEES Adult $ 900.00 Senior (restricted) $ 650.00 Senior (unrestricted) $ 790.00 Student $ 385.00 Junior $ 260.00 !1iE:1 $ 296.00 $ 960.00 $ 710.00 $ 850.00 $ 410.00 $ 285.00 USEFUL INFORMATION ABOUT SEASON PASSES AT ROCKWOOD PARK Question: What is the difference between a Membership and a Season Pass? Answer: Membership does have its privileges but it also comes with risk That is, an overall financial loss at a member oriented golf club will lead to an equal monetary "assessment" on each member to cover the loss Season Passes carry no risk of additional cost beyond annual dues and are generally purchased to reduce an individuals usage cost per round Question: How many Saint John residents have a Season Pass at Rockwood Park Golf Course? Answer: Season Pass holders comprise about 1/4 of 1% about 250 individuals of the City population while consuming almost 1/2 of the tee times Question: Do all City tax payers have equal access to a Season Pass each year? Answer: No they do not. By contract anyone who attains a Season Pass does not have to reapply for a Season Pass the following ear, or in an subsequent year, unless they choose to not renew. This process began in 1995 immediately after contract signing. The City provided TGMI with a list of Season Pass holders from the 1994 golf season while the golf course was operated by the City) and it was required that those individuals would be guaranteed a Season Pass in 1995 and beyond, if they so wished Many of them still retain their Pass Question: Is there a fairer system that could be employed to select Season Pass holders each year, similar to the annual provincial moose license draw, for example? Answer: Perhaps there is a fairer system but the current method must be followed under the terms and conditions of the existing contract. Question: Does a Season Pass at Rockwood Park provide good value? Answer: While TGMI is obviously in a position of bias regarding this question, it does submit that, excluding Junior golfers, all other Season Pass categories combined pay less than $10-00, net of taxes, on average per round of golf. This is much less than the average net revenue required to meet the cost of delivering each round of golf at this 18 hole golf course based on 28,000 total rounds. In fact Season Pass fees are artificially low thanks to the much higher fee per round generated by daily fee or tournament golf i.e. greens fee players !11061 Question: Should the existing contract terms and conditions be amended to either eliminate Season Passes or to allow an unlimited number of Season Passes to be offered to the general public each golf season. Answer: TGMI believes that the current contractual terms and conditions pertaining to Season Passes are sustainable. Most pass holders are ambassadors of Rockwood Park Golf Course and take pride in the general quality of the overall product for the fee. Complaints to Ciy staff and Council are, for the most part, received from a few disgruntled Season Pass holders whose expectations of course conditions, maintenance and capital spending are well beyond what can be reasonably provided (by any operator) either under the terms of the contract or for the fee charged. Finally, any increase in the contractual Season Pass limits would require significant increases in annual Season Pass fees and would certainly move this municipal facility in the direction of becoming a limited access or private golf operation which is not desirable for any Municipal facility. :1KI] Westfield Goff Course (2007) Adult membership $ 1469.00 Senior membership (age 60 +) $ 1253.00 Junior membership $ 360.00 Student membership $ 622.00 Green fee (weekday) $ 51.00 Green fee (weekend) $ 57.00 Wefsford Goff Course (2008) Adult membership Adult season pass $ 650.00 Senior season pass (age 65 +) $ 599.00 Junior season pass $ 325.00 Student season pass $ 499.00 Green fee $ 32.00 Hampton Goff Course (2007) Adult membership $ 1161.00 Senior membership ( age 65 +) $ 1047.00 Junior membership $ 371.70 Intermediate ( age 19 to 30) Green fee (weekday) $ 698.50 (average) Green Fee (weekend) $ 42.00 $ 50.00 Sussex Goff Course (2007) Adult membership ( age 40 +) $ 770.00 Senior Membership (age 65 +) $ 715.00 Junior membership $ 200.00 Student $ 357.50 Green fee $ 35.00 !PAI ll APPENDIX I I I -per APPENDIX III Proposed Plans / Enhancements 2008 Golf Season. As mentioned in Appendix I, major Capital work, will continue through 2008. Tee boxes will be completely rebuilt and, in some cases enlarged, on tees #1, #2, #3, #4 ( the existing #4 tee will be completely rebuilt complementing the new tee constructed in 2007), #5, #8 and #14 (only one of two existing tees was rebuilt in 2007 - the second tee will be rebuilt in 2008. TGMI will also add a small new back tee with increased elevation on hole #14). The tee work includes excavate existing sub -base material, rebuild sub -base with spec material, replace all irrigation lines and components, sod new surface and build stairways to tees where req u i red. Paving will be completed on the cart -path between the 12`" green and the base of the hill in front of #13 tee box. TGMI will continue to spend significantly on marketing/ advertising the many attributes of the golf course. Radio and print have been the main focus of media advertising, with occasional ads in the Board of Trade News Letter. A website is available at www.rockwoodparl(golf.com. It is a comprehensive website, developed at considerable cost to promote the golf course as another one of the many assets in this diverse City. The Rockwood Park Golf Course - Your quality public golf experience in Saint John, located less than 10 minutes from City Centre. !y493 March 25, 2008 Common Council City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 Dear Mayor and Council: We represent an ever - growing group of concerned parents living in the greater Saint John area who are making our voices heard about the New Brunswick government's plans to eliminate the early French immersion program. Many of us already have children enrolled in the program, a number of us also have children we expect to enroll in the future. We strongly believe that the government is making the wrong decision and have based this decision neither on logic nor on valid statistical information (see: htta: //hamfit2008.blop-spot.com). Further, we now see the Minister of Education cite sources of support for his decision from experts in the area of second language education (for example Dr. Joan Netten, Memorial University), experts who have since come out publicly denying ever having supported the Minister's decision and disagreeing with his approach. We do agree education reform is needed in this province. However, eliminating the early French immersion (E.F.I.) program and forcing all students into a grade 5 Intensive French program is not the solution and merely represents a stop -loss measure rather than an informed policy decision made for the betterment of Saint Johners and New Brunswickers. In fact, the proposed elimination of E.F.I represents a thirty -year step backward in education policy for this bilingual province and puts our children at a disadvantage to those of every other jurisdiction in Canada. Saint John benefits greatly from growing its bilingual workforce. It is required for the recruitment and retention of Federal and Provincial government positions and positions in the Health sector, and provision of municipal services in both official languages. It is also required for the recruitment, retention and expansion of our private sector, whether it be in the entrepreneurial small and medium -sized business environment (IT and service and hospitality industry) or in our large Contact Centre industry who are attracted to our province based on the bilingual work - force. Finally, it enriches and diversifies the cultural experience in Saint John which we know plays not only an important role in tourism but in the recruitment and retention issue mentioned above. In light of these important points and the detrimental effect the provincial government's decision might have on the growth of the City of Saint John, we respectfully request from the Common Council a formal resolution to support the maintenance of the Early French !yZ! 2of 2 Immersion program and choice in second language education for the children of New Brunswick in that the program benefits the citizens of Saint John by improving the city's economic potential and its cultural diversity. We also ask that your resolution be sent in letter form to Premier Shawn Graham and his government. We further seek your individual and collectives voices when approached on this matter. a t,vuuaa�, Ti Jackson ?elWilcott 709 Dunn Avenue 537 Edward Avenue Saint John, NB Saint John, NB E2M 2X9 E2M 2N2 674 -1597 (h) 672 -0313 (h) 636 -3728 (o) 694 -1281 (o) RI&I hamlit2008 - Response to the Review of French Second Language Programs and Services... Page 1 of 5 Response to the Review of French Second Language Programs and Services in NB Authors Dr. Diana J. Hamilton, assistant professor of biology at Mount Allison Universit in Sackville NB. She teaches advanced statistics to biology students, in additia to other courses. Dr. Matthew K. Litvak, professor of biology at the University of New Brunswick, Saint John. He has taught advanced statistics to biology students, in addition t other courses. This document has been reviewed by: Dr. Jennifer Baltzer, Ms. Wendy Burnett, Dr. Amanda Cockshutt, Ms. Bernadine Conron, and Mr. Andrew Spring Preamble The Croll and Lee FSL report has recommended the total elimination of Early French Immersion in Ne Brunswick schools. This report has stimulated an intense and emotional debate in the public. When we initially read their recommendations, we were surprised and curious as to why their results and conclu,' were so different from those of previous reports prepared by education experts in NB and elsewhere in Canada. Consequently, we decided to read the report carefully. In the process of doing this, we found is a deeply flawed document which fails to provide valid evidence in support of the sweeping policy cl that its authors propose. We also found the biased tone used, in what is presumably an objective report troubling. Here, we systematically point out errors in both analysis and interpretation by copying sectic the report into the document and commenting on them. When possible, we provide alternative analyse, document our findings. We restrict most of our comments to quantitative aspects of the report, though end we also provide general comments and suggestions based on our analysis. We hope that the NB government will read this document and seriously consider the points we raise. Based on much of the 1 reaction to this document, we are very concerned that most people are simply accepting the conclusion the report at face value, and that those who question it are criticized as having an agenda or belonging - special interest group. The flaws in this report are significant and are of particular concern if the goven is considering acting on its main recommendations. W_ e _have _copied _relevant sections and page numbers from the_FSL report _and_ pasted them below. Com http : //hamlit2008.googlepages.com/ 426 27/03/2008 ham1it2008 - Response to the Review of French Second Language Programs and Services... Page 2 of 5 on _each_ of these follow directly after_ the pasted sew ents. Review of Croll and Lee FSL report March 2008.pdf To comment on this report please link to our blog Executive Summary ➢ The authors suggest that there is a downward trend in students in the Core program meeting intermediate proficiency, but appropriate statistical analysis shows no such trend. Numbers are not good, but they are not declining as indicated. ➢ All attrition rates in the document are calculated incorrectly and are highly misleading. The authors contrasted registrations across grades within single years rather than track a cohort of students through each year. They concluded that attrition was much higher in EFI than LFI. When we correctly calculated rates in high school for both programs (by following cohorts of children through as many years as possible), we found absolutely no difference in attrition rates. The method they used was a gross misrepresentation of the data — claiming there is a huge difference when in fact there is none. Clearly one of the main reasons cited to dismantle EFI in favour of LFI is based on incorrect and inaccurate analysis. ➢ The authors used oral proficiency assessment results to establish the number of students succeeding in the program, although this test is optional and not all students choose to take it. Many students may drop out in grade 10 or 11 to prepare for English university. Assuming that none of them have achieved the expected proficiency levels is not justified and produces a downward bias in results. The report chooses achievement of a certificate as the sole measure of Link to our update page posted March 15th, 2008. Link to our Review of Croll and Lee FSL repor March 2008.pdf To comment on this report please link to our blog http : //hamlit2008.googlepages.com/ 427 27/03/2008 hamlit2008 - Response to the Review of French Second Language Programs and Services... Page 3 of 5 program success rather than determining how much French the children who went through all or most of it actually learned. ➢ We used the authors' data to calculate how many students achieved the various levels of proficiency in both the EFI and LFI programs. We found that even though fewer students were tested in EFI than in LFI, more EFI students attained intermediate plus and advanced proficiency standards. Given the expectation that many who were not tested would also have met these standards, this difference may be even larger than measured. ➢ Based on data presented in the report, we calculated how many children in total meet particular proficiency levels (i.e., combine LFI and EFI numbers), and compare that to what would have happened if all these children had gone thorough the LFI program (which is what is being proposed). We found that there was no significant difference between the current program and the all LFI approach up to intermediate proficiency. However, the number of children attaining intermediate plus and advanced levels of proficiency would drop significantly under the LFI only scheme. If, as they propose, we switch to an "LFI only model" 270 tested students will do worse than the current model each year. Given that more enroll in the program than are tested, that number is likely a substantial underestimate of the number of students who will be detrimentally affected by this change. ➢ The authors suggest that eliminating EFI would dramatically reduce the number of exceptional students in each class. Based on the total number of exceptional students in grade 2 in 2005 (one example provided in the document), and estimating an average class size of 23, elimination of EFI would reduce the number of http : //hamlit2008.googlepages.com/ 428 27/03/2008 hamlit2008 - Response to the Review of French Second Language Programs and Services exceptional students in core classroom from a province - wide average of 5.4 to 4.25 students. Not the massive reduction that was implied in the report. ➢ On many standardized tests, core students are doing as well or nearly as well as EFI students. This suggests that streaming may not be as big a problem as it is purported to be. ➢ The authors suggest LFI is more cost- effective at meeting goals. However, based on stated percentages of students in each program and percentage of funds allocated to each program, EFI is 30% less expensive per student than LFI. EFI is the better financial choice if the goal is to produce French - speaking graduates. To summarize, EFI produces better French speakers, costs less on a per- student basis, and has essentially the same attrition rate as LFI. The logical choice is to retain EFI. Core French certainly needs to be fixed, but we have found no justification in this document for eliminating EFI in the process. We strongly suggest that the central recommendation of this report not be adopted; it will lead to a reduction in French competence of hundreds of graduates per year, and result in a general lowering of standards. Numerous education experts have stated that EFI is the best program, and based on our analysis, we fully agree. We feel that many of the legitimate shortcomings in New Brunswick FSL programs that the Commissioners have identified can be addressed more effectively as follows: ➢ by providing adequate resources to support a wider range of French - language course options and flexibility in Grades 10 -12 in order to reduce early drop -out; ➢ by providing adequate support for exceptional children http : //hamlit2008.googlepages.com/ 429 Page 4 of 5 27/03/2008 hamlit2008 - Response to the Review of French Second Language Programs and Services... Page 5 of 5 in EFI and LFI classes so that FSL training becomes available to these children; ➢ by actively promoting the benefits of learning French and encouraging all students equally. http : / /hamlit2008.googlepages.com/ 430 27/03/2008 The following also appeared in the letters to the editor section of todays paper.... Te( �p�t -J"IAI VL CI In��`. ►1ila�c . L 6 , Z� � � IF designers not part of axing decision We are writing with respect to changes to French second- language programs. It has been suggested that we have been involved in proposing these changes. It is true that we support the implementation of intensive French as a means of improving core French results. However, our work in New Brunswick has been exclusively with the core French program. We have not been involved in any discussions about the early immersion program nor have we been consulted by the government about the decision to abolish it. The first indication that we had from the government of this plan was the announcement in the Legislature. We feel that it is important to make this point. Intensive French was created specifically to improve the core French program. In the other seven provinces and two territories where it is being piloted, it is being used only for this purpose. In Newfoundland and Labrador, where it is an alternate program, it has not been considered as a replacement for early immersion. We also support IF as a means to increasing enrolment in immersion programs. In all the provinces where IF has been implemented, including New Brunswick, increased enrolment in late immersion has occurred. As the designers of the IF program, we are happy to work with the Department of Education to implement the program successfully as an improvement to the core French program. However, we wish to make it clear that we were not associated with the government's decision to eliminate early French immersion. JOAN NETTEN, C.M., Ph.D., Memorial University CLAUDE GERMAIN, Ph.D., University du Qu6bec a Montr6al :11931