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2008-10-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, October 27, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1. Property Matter 10.2(4)(c) 2. Property Matter 10.2(4)0) 3. Nominating Committee 10.2(4)(b) 4. Freedom of the City 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 6:30 p.m. 2. Approval of Minutes 2.1 Minutes of October 14, 2008 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Understanding the Early Years Request to Present (Recommendation: Refer to Clerk to Schedule) 5.2 Letter from Ray Bungay Regarding Sidewalks on Hickey Road (Recommendation: Refer to City Manager) 5.3 Saint John Board of Police Commission Vacancy (Recommendation: Refer to Nominating Committee) 5.4 Cherry Brook Zoo Letters of Support and Make a Difference Day Campaign (Recommendation: Receive for information) 5.5 Greenwood and Morna Heights Subdivisions - Wastewater Treatment Facilities Mechanical Repairs (Recommendation in Report) 5.6 Princess Street Retaining Wall Reconstruction (Recommendation in Report) 5.7 Watermain Cleaning & Lining, Phase 3 (Recommendation: Receive for Information) 5.8 Tender for Maintenance Garage Adelaide Street (Recommendation in Report) 5.9 101 Union St (Recommendation in Report) 5.10 Establishment Change (Recommendation in Report) 5.11 Tender for Abrasive Sand (Recommendation in Report) 5.12 Proposed Public Hearing 99 Simpson Dr (Recommendation in Report) 5.13 PEAK Project LPP Submission - October 2008 (Recommendation in Report) 5.14 Purchase and Sale Agreement for 105 Union Street (Recommendation in Report) 5.15 Easement Acquisition for a Portion of 125 Germain Street (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Safer Communities and Neighbourhoods Act 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Section 39 Amendment 26 Kiwanis Ct 9.1(b) Planning Advisory Committee Recommending Amendment 9.2(a) Proposed Zoning By Law Amendment 951-961 Fairville Blvd 9.2(b) Planning Advisory Committee Recommending Rezoning 93(a) Proposed Zoning By Law Amendment 324 Duke St West 93(b) Planning Advisory Committee Recommending Rezoning 9.4(a) Proposed Zoning By Law Amendment 106 Spar Cove Rd 9.4(b) Planning Advisory Committee Recommending Rezoning 10. Consideration of By-laws 10.1 Third Reading Zoning By Law 341 Ashburn Rd 10.2 Proposed Municipal Plan and Zoning By Law Amendment 410 Highland Rd 11. Submissions by Council Members 11.1 Saint John Harbour Bridge Authority (Councillor Titus) 11.2 SCAN Motion (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 A Pension Benefit- Ensuring Long Term Sustainability 12.2 Terms and Condition of Employment - A Draft Document 123 Bill 12 - An Act to Amend the Worker's Compensation Act 12.4 Heather Way Neighbourhood Traffic Calming Plan 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Karen Kincade Regarding Accessibility in Saint John 16. Adjournment City of Saint John Seance du conseil communal Le lundi 27 octobre 2008 Comite plenier 1. Ouverture de la seance 17 h Salle de conference, 8e Rage, hotel de ville 1. Question relative a la propri6t6 10.2(4)c) 2. Question relative a la propri6t6 10.2(4)j) 3. Comit6 des candidatures10.2(4)(b) 4. Droit de cite - City of Saint John 10.2(4)(b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18h30 2. Approbation du proces-verbal 2.1 Proc&s-verbal de la seance tenue le 14 octobre 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.14 Servitude - 125, rue Germain (recommandation figurant au rapport) 5.1 Demande visant a presenter devant le conseil le projet Comprendre la petite enfance (recommandation : transmettre a la greffi&re pour qu'une date de presentation soit fix6e) 5.2 Lettre revue de Ray Bungay relative aux trottoirs sur le chemin Hickey (recommandation : transmettre au directeur general) 5.3 Poste au Bureau des commissaires de la police de Saint John (recommandation : transmettre au Comit6 des candidatures) 5.4 Lettres a 1'appui du zoo Cherry Brook et campagne de la journ6e « Make a Difference » (faites une dff6rence) (recommandation : accepter a titre informatif) 5.5 Lotissement Greenwood et lotissement Morna Heights - reparations m6caniques des installations de traitement des eaux us6es (recommandation figurant au rapport) 5.6 R6am6nagement du mur de sout&nement de la rue Princess (recommandation figurant au rapport) 5.7 Nettoyage de la conduite d'eau principale et programme de revetement int6rieur, phase 3 (recommandation : accepter a titre informatif) 5.8 Soumission relative a 1'entrep6t du materiel d'entretien situ6 dans la rue Adelaide (recommandation figurant au rapport) 5.9 101, rue Union (recommandation figurant au rapport) 5.10 Modifications apport6es a 1'effectif (recommandation figurant au rapport) 3 5. 11 Soumission relative au sable abrasif (recommandation figurant au rapport) 5.12 Audience publique visant les propri6t6s situ6es au 99, promenade Simpson (recommandation figurant au rapport) 5.13 Soumission relative aux terrains d'utilit6 publique pour le projet PEAK - Octobre 2008 (recommandation figurant au rapport) 5.14 Convention d'achat-vente visant la propri6t6 situ6e au 105, rue Union (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Loi sur les voisinages et les communaut6s plus s6curitaires 9. Audiences publiques 19h 9.1a) Modification propos6e aux conditions impos6es en vertu de Particle 39 visant le 26, impasse Kiwanis 9. lb) Comit6 consultatif d'urbanisme recommandant les modifications 9.2a) Projet de modification de 1'arret6 de zonage visant le 951- 961, boulevard Fairville 9.2b) Comit6 consultatif d'urbanisme recommandant le rezonage 9.3a) Projet de modification de 1'arret6 de zonage visant le 324, rue Duke Ouest 9.3b) Comit6 consultatif d'urbanisme recommandant le rezonage 9.4a) Projet de modification de 1'arret6 de zonage visant le 106, chemin Spar Cove 9.4b) Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Troisi&me lecture de 1'arret6 de zonage visant le 341, chemin Ashburn 10.2 Projet de modification du plan municipal et de 1'arret6 de zonage visant le 410, chemin Highland 11. Interventions des membres du conseil 11.1 Administration du pont du port de Saint John (conseiller Titus) 11.2 SCAN (conseiller Snook) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 A Pension Benefit- Ensuring Long Term Sustainability (prestations de pension - assurance de la durabilit6 a long terme) 12.2 Modalit6s d'emploi - Ebauche 12.3 Projet de loi 12 - Loi modifiant la Loi sur les accidents du travail et les maladies professionnelles 12.4 Plan visant a ralentir la circulation dans le quartier de la voie Heather 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Lettre de Karen Kincade concernant 1'accessibilit6 a Saint John 16. Levee de la seance 4 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN CITY HALL -October 14, 2008 6:30 P.M. present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Snook, Sullivan, and Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; A. Beckett, Deputy City Manager; B. Reid, Deputy Chief of Police; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 14 OCTOBRE 2008 A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales, K. Forrest, commissaire a I'urbanisme et au developpement; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; A. Beckett, directeur general adjoint; B. Reid, chef de police adjoint; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. Call To Order - Prayer Mayor Court called the meeting to order and Pastor Dan Trecartin of Grace Harvest Church offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Dan Trecartin, de I'eglise Grace Harvest, recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on September 29, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces-verbal de la seance du conseil communal tenue le 29 septembre 2008 soit approuve. A I'issue du vote, la proposition est adoptee. 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Deputy Mayor Chase declared a conflict of interest with item 5.10 Historic Places Initiative - Canadian Register of Historic Places. 4. Divulgations de conflits d'interets Le maire suppleant Chase declare qu'il est en situation de conflit d'interets avec le point 5. 10, Initiative des Iieux historiques relative au Repertoire canadien des Iieux historiques. Deputy Mayor Chase withdrew from the meeting citing a conflict of interest. 5. Consent Agenda 5.1 That the budget submissions for Cherry Brook Zoo be referred to the City Manager for budget deliberations. 5.2 That the letter from G.L.C. Realty regarding Prince William Street upgrades be referred to the City Manager. 5.3 That the resignation letter from N.A. Britton from the Police Commission be referred to the Nominating Committee. 5.4 That the letter from Saint John Board of Trade addressed to Premier Graham be received for information. 5.5 That the letter from River Road Community Alliance requesting to present be referred to the Clerk to schedule. 5.6 That Common Council schedule the public hearing for the Section 39 amendment application of Dean Noack / Rivergate Properties Inc. (430 Prince Street), for Monday, November 10, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.7 That the letter from Minister Jack Keir requesting to present be referred to the Clerk to schedule. 5.8 That as recommended by the City Manager: 1. The City of Saint John renew its Lease of Space of Stall 8 &9 (partial) at the City Market with Boys Own Inc. under the same terms and conditions contained in their lease, for a further term of ten years commencing August 1, 2009 and expiring on July 31, 2019 at annual gross rent of $24 p.s.f. for the first 5 years and $26 p.s.f. for years 6 to 10 inclusive, with all other elements of the lease remaining unchanged; and 2. The Mayor and Common Clerk be authorized to execute any renewal document required to finalize the transaction. 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 5.9 That as recommended by the City Manager, the contract for the Greater Saint John Sustainability Initiative be awarded to Dillon Consulting Limited, for $40,000 and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager, the contract for Phase 4 research and documentation for the Canadian Register of Historic Places be awarded to Richard & Co. Architecture Incorporated for $35,000 and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager, the report regarding Contract Number 2006-26: Latimer Lake and Spruce Lake Water Treatment Facilities - Electrical, Mechanical and Architectural Upgrades be received for information. 5.12 That as recommended by the City Manager: 1. The approval of a new project in the amount of $1,250,000 under the 2008 Water and Sewerage Utility Fund Capital Program - Sanitary category for the installation of a sanitary sewer and forcemain along Rothesay Road between Clairmont Street to Fulton Lane; and 2. The engineering services agreement with Godfrey Associates Ltd. for engineering design and construction management for Rothesay Road be increased from $369,320 to $573,312 (including the City's eligible HST rebate) to include the cost of design and construction management of a sanitary sewer system on Rothesay Road from Clairmont Street to Fulton Lane; and 3. Staff prepare a letter for signature by the Mayor requesting that the Provincial funding of $350,000 (plus eligible HST) for the Phase I road reconstruction on Rothesay Road for 2008 be transferred to the Somerset Street Reconstruction project which was completed in 2008 and further that the Province provide cost sharing in the amount of $1,520,000 to cover the Provincial share of the Rothesay Road reconstruction project between Colony Road and Fulton Lane. 5.13 That as recommended by the City Manager, the report on Public Information Session for Princess Street Watermain, Sanitary and Storm Sewer be received for information. On motion of Councillor Titus Seconded by Councillor Killen RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. Deputy Mayor Chase re-entered the meeting (Le maire suppleant Chase quitte la seance en raison d'un conflit d'interets.) 5. Questions soumises a I'approbation du conseil 5.1 Que les demandes budgetaires du zoo Cherry Brook soient transmises au directeur general aux fins de deliberations budgetaires. 5.2 Que la lettre de G. L. C. Realty relative aux travaux de mise a niveau sur la rue Prince William soit transmise au directeur general. 5.3 Que la lettre reque de N. A. Britton soumettant sa demission a la Commission de police soit transmise au Comite des candidatures. 5.4 Que la lettre au premier ministre Graham soumise par la Chambre de commerce de Saint John soit acceptee a titre informatif. 5.5 Que la lettre de I'alliance communautaire du chemin River, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.6 Que le conseil communal fixe la date d'audience publique au lundi 10 novembre 2008 a 19 h dans la salle du conseil relativement a la demande de modification des conditions prevues a I'article 39 deposee par Dean Noack de 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 RiverGate Properties Inc. situe au 430, rue Prince et transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.7 Que la lettre de demande soumise par le ministre Jack Keir, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.8 Que, comme le recommande le directeur general, 1. The City of Saint John renouvelle son bail (partiel) avec Boys Own Inc. relativement aux etals n05 8 et 9 sis au marche municipal, selon les memes modalites et conditions stipulees dans le bail, pour une periode de dix ans commengant le 1 er aoot 2009 et se terminant le 31 juillet 2019. Le loyer brut annuel est de 24 $ le pied carre pendant les cinq premieres annees et de 26 $ le pied carre de la sixieme a la dixieme annue, toutes les autres dispositions du bail demeurant intactes; 2. le maire et la greffiere communale soient autorises a signer tout document requis afferent au renouvellement afin de conclure la transaction. 5.9 Que, comme le recommande le directeur general, le contrat relatif a ('initiative de developpement durable de la region du Grand Saint John soit accorde a Dillon Consulting Limited, au prix offert de 40 000 $ et, de plus, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.10 Que, comme le recommande le directeur general, le contrat relatif a la phase 4 - recherche et documentation - pour le Repertoire canadien des lieux historiques soit accorde a Richard & Co. Architecture Incorporated, au prix offert de 35 000 $ et, de plus, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.11 Que, comme le recommande le directeur general, le rapport concernant le contrat n° 2006-26 visant les usines de traitement des eaux usees situees aux lacs Latimer et Spruce - mises a niveau de 1'equipement electrique, mecanique et architectural - soit accepte a titre informatif. 5.12 Que, comme le recommande le directeur general, 1. un nouveau projet au coot de 1 250 000 $ soit approuve en vertu du programme d'immobilisations du fonds des services d'aqueduc et d'egouts pour 2008 - categorie sanitaire - en vue d'installer des egouts sanitaires et une conduite de refoulement le long du chemin Rothesay, de la rue Clairmont a I'a11ee Fulton; 2. la convention relative aux services d'ingenierie conclue avec Godfrey Associates Ltd., visant la gestion de la conception technique du chemin Rothesay, soit modifiee en faisant passer le montant de 369 320 $ a 573 312 $ (y compris le remboursement de la taxe de vente harmonisee auquel la municipalite est admissible) pour y inclure le coot de la gestion de la conception technique d'un reseau d'egouts sanitaires sur le chemin Rothesay, de la rue Clairmont a I'a11ee Fulton; 3. le personnel prepare une Iettre aux fins de signature par le maire demandant que le financement provincial de 350 000 $ (TVH admissible en sus) pour la phase I - refection du chemin Rothesay de 2008 - soit transfers au projet de refection de la rue Somerset acheve en 2008, et que la province autorise le partage des coots au montant de 1 520 000 $ pour couvrir la part provinciale du projet de refection du chemin Rothesay, du chemin Colony a I'a11ee Fulton. 5.13 Que, comme le recommande le directeur general, le rapport concernant la seance informative publique relative a la conduite d'eau principale, Ies installations sanitaires et celles des egouts pluviaux sur la rue Princess soit accepte a titre informatif. Proposition du conseiller Titus Appuyee par le conseiller Killen RESOLU que Ies recommandations formulees relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptees. A I'issue du vote, la proposition est adoptee. Le maire suppleant Chase est de nouveau present a la seance. 6. Members Comments Council members commented on various community events 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations/Presentations Referring to a submitted presentation, Dan LeBlanc and Tom James, Chairs for Key Industries, provided an overview of Key Industries and made a request to Council for funding. On motion of Councillor Titus Seconded by Councillor Killen RESOLVED that Common Council suspend the procedural by-law to allow Council to make a motion with respect to Key Industries request for funding. Question being taken, the motion was carried. On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the City of Saint John provide $30,000 yearly for a 5 year period of financial support towards the Key Industries Capital Fundraising Campaign. Councillor Titus stated that he is opposed to the motion as he would like to provide a larger amount of funding to Key Industries; specifically he proposed that Council provide $250,000. Question being taken, the motion was carried with Councillor Titus voting nay. 8. Delegations et presentations Faisant reference a une presentation anterieure, Dan LeBlanc et Tom James, presidents de Key Industries, presentent un aperqu de Key Industries, puis font une demande de financement. Proposition du conseiller Titus Appuyee par le conseiller Killen RESOLU que le conseil communal suspende I'arrete sur le reglement interieur afin de pouvoir presenter une proposition relative a la demande de financement de Key Industries. A I'issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que The City of Saint John fournisse une aide financiere annuelle de 30 000 $ pendant cinq ans a la campagne de financement de Key Industries. Le conseiller Titus indique qu'il s'oppose a la proposition. II voudrait que le conseil fournisse a Key Industries un financement plus important, soit de 250 000 A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 9. Public Hearings 9.1(a) Proposed Section 39 Amendment 4207 Loch Lomond Road 9.1(b) Planning Advisory Committee Recommending Denial of Amendment 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the August 22, 1985 rezoning of the property located at 4207 Loch Lomond Road, also identified as PID Numbers 55043848, 55043855, 55043830 and 00350835, to permit a revised proposal, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its October 7, 2008 meeting at which the Committee decided to deny the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with Mark Armstrong, owner of Airport General Store located at 4105 Loch Lomond Road, citing that there is insufficient residential development in the area to support the proposed expansion. The Mayor called for members of the public to speak in favor of the proposed amendment with John Kilpatrick, the applicant and Barb Richard stating that they were not in agreement with the Planning Advisory Committee report and recommendation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council amend the Section 39 conditions imposed on the August 22, 1985 rezoning of the property located at 4207 Loch Lomond Road, also identified as PID Numbers 55043848, 55043855, 55043830 and 00350835, to permit a revised proposal. Question being taken, the motion was carried with Councillors Sullivan, Killen and Higgins voting nay. 9. Audiences publiques 9.1a) Projet de modification des conditions imposees par I'article 39 visant le 4207, chemin Loch Lomond 9.1 b) Comite consultatif d'urbanisme recommandant le rejet de la modification La greffiere communale indique que les avis requis ont ete publies en ce qui a trait a la modification proposee en vertu de I'article 39, modifiant les conditions imposees le 22 aout 1985 relativement au rezonage de la propriete situee au 4207, chemin Loch Lomond et inscrite sous Ies NID 55043848, 55043855, 55043830 et 00350835, afin de permettre la presentation d'une offre revisee, et qu'aucune objection ecrite n'a ete reque. On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du service d'urbanisme, qui ont fait ('objet d'un examen lors de la seance du 7 octobre 2008 au cours de laquelle le comite a choisi de rejeter la modification des conditions en vigueur a I'heure actuelle en vertu de I'article 39. Le maire invite le public a se prononcer contre la modification proposee. Mark Armstrong, proprietaire du magasin principal Airport situe au 4105, chemin Loch Lomond, indique que I'amenagement residentiel dans le secteur nest pas assez important pour soutenir I'agrandissement propose. Le maire invite Ies membres du public a exprimer leur appui quant a la modification proposee. John Kilpatrick, le requerant, et Barb Richard indiquent qu'ils n'appuient pas le rapport et Ies recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal modifie Ies conditions imposees par I'article 39 le 22 aout 1985, relativement au rezonage de la propriete situee au 4207, chemin Loch Lomond et inscrite sous Ies NID 55043848, 55043855, 55043830 et 00350835, afin de permettre la presentation d'une offre revisee. A ('issue du vote, la proposition est adoptee. Les conseillers Sullivan, Killen et Higgins votent contre la proposition. 9.2(a) Proposed Zoning By Law Amendment 461 Millidge Avenue 9.2(b) Planning Advisory Committee Recommending Denial of Amendment 10 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 461 Millidge Avenue, having an area of approximately 3,740 square metres, also identified as PID Number 00041517, from "R- 1 B" One Family Residential to "B-2" General Business classification to permit the development of business offices as requested by Tony Ratchford. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 7, 2008 meeting at which the Committee decided to deny the application to re-zone a parcel of land located at 461 Millidge Avenue as described above. The Mayor called for members of the public to speak against the re-zoning with Heather Quinn of 471 Millidge Avenue, and George McMillan of 451 Millidge Avenue citing that the proposed development did not adhere to the principles of the Municipal Plan or the Millidgeville Secondary Plan by proposing commercial development in a residential area between a designated neighbourhood centre and a designated district centre commercial area. The Mayor called for members of the public to speak in favor of the re-zoning with Tony Ratchford, the applicant, appearing before Council and stating that he was not in agreement with the committee report and recommendation to deny his application. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that the proposal to rezone a parcel of land located at 461 Millidge Avenue, having an area of approximately 3,740 square metres, also identified as PID Number 00041517, from "R-1 B" One Family Residential to "B-2" General Business classification to permit the development of business offices be denied. Question being taken, the motion was carried. 9.2a) Projet de modification de I'arrete de zonage visant le 461, avenue Millidge 9.2b) Comite consultatif d'urbanisme recommandant le rejet de la modification La greffiere communale indique que les avis requis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 461, avenue Millidge, d'une superficie d'environ 3 740 metres carres et inscrite sous le NID 00041517, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales « R-1 B » a zone commerciale generale « B-2 » pour permettre la creation de bureaux d'affaires a la demande de Tony Ratchford. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 7 octobre 2008, a laquelle le Comite a decide de rejeter la demande de rezonage d'une parcelle de terrain situee au 461, avenue Millidge, telle qu'elle est decrite ci-dessus. Le maire invite le public a se prononcer contre le projet de rezonage. Heather Quinn du 471, avenue Millidge, et George McMillan du 451, avenue Millidge, indiquent que I'amenagement propose ne respecte pas les principes du plan d'amenagement ou du plan secondaire de Millidgeville puisqu'il s'agit d'un amenagement commercial dans une zone residentielle situee entre une zone de centre commercial de voisinage designee et une zone commerciale designee (district du centre). Le maire invite les membres du public a exprimer leur appui quant au rezonage. Tony Ratchford, le requerant, se presente devant le conseil et indique qu'il n'appuie pas le rapport et les recommandations du Comite, lesquels rejettent sa demande. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU que la proposition visant a rezoner une parcelle de terrain situee au 461, avenue Millidge, d'une superficie d'environ 3 740 metres carres et inscrite sous le NID 00041517, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales « R-1 B » a zone commerciale generale « B-2 » pour permettre la creation de bureaux d'affaires, soit rejetee. A ('issue du vote, la proposition est adoptee. 9.3(a) Proposed Zoning By Law Amendment 341 Ashburn Road 9.3(b) Planning Advisory Committee Recommending Amendment 11 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to "1-1" Light Industrial" classification to permit the land to be used in conjunction with the adjacent vehicle storage compound as requested by Loyalist City Towing Ltd. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 7, 2008 meeting at which the Committee decided to recommend the application to re-zone a parcel of land located at 341 Ashburn Road as described above. The Mayor called for members of the public to speak against the re-zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re-zoning with no one presenting. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to "1-1" Light Industrial" classification. be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". On motion of Councillor Killen Seconded by Councilor Sullivan RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to "1-1" Light Industrial" classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John". 9.3a) Projet de modification de I'Arrete de zonage visant le 341, chemin Ashburn 9.3b) Comite consultatif d'urbanisme recommandant les modifications La greffiere communale indique que les avis requis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 341, chemin Ashburn, d'une superficie d'environ 1 731 metres carres et inscrite sous le NID 55003982, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie Iegere « 1-1 » pour permettre au bien-fonds d'etre utilise conjointement avec le parc d'entreposage de vehicules adjacent par Loyalist City Towing Ltd. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 7 octobre 2008, a laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 341, chemin Ashburn, telle qu'elle est decrite ci-dessus. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant au rezonage, mais personne ne prend la parole. 12 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 341, chemin Ashburn, d'une superficie d'environ 1 731 metres carres et inscrite en partie sous le NID 55003982, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie Iegere « 1-1 fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 341, chemin Ashburn, d'une superficie d'environ 1 731 metres carres et inscrite en partie sous le NID 55003982, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie Iegere « 1-1 fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John 9.4(a) Proposed Zoning By Law Amendment 299 Norris Road 9.4(b) Planning Advisory Committee Recommending Withdrawal The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 299 Norris Road, having an area of approximately 4,000 square metres, also identified as being a portion of PID Number 55180152, from "RS-1" One and Two Family Suburban Residential to "B-1" Local Business to permit the development of a dental office as requested by Lynn Lamont. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 7, 2008 meeting at which the Committee indicated that the applicant submitted a letter requesting that the application be withdrawn. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter requesting the withdrawal of the application to rezoning a parcel of land located at 299 Norris Road, having an area of approximately 4,000 square metres, also identified as being a portion of PID Number 55180152, from "RS-1" One and Two Family Suburban Residential to "B- 1" Local Business to permit the development of a dental office be accepted. Question being taken, the motion was carried. 9.4a) Projet de modification de I'arrete de zonage visant le 299, chemin Norris 9.4b) Comite consultatif d'urbanisme recommandant le retrait La greffiere communale indique que les avis requis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 299, chemin Norris, d'une superficie d'environ 4 000 metres carres et inscrite en partie sous le NID 55180152, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales « RS-1 » a zone commerciale locale « B-1 » pour permettre la creation d'un cabinet dentaire a la demande de Lynn Lamont. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 7 octobre 2008 au cours de laquelle le Comite a indique que la requerante a soumis une lettre voulant que la demande soit retiree. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre voulant que la demande soit 13 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 retiree relativement au rezonage d'une parcelle de terrain situee au 299, chemin Norris, d'une superficie d'environ 4 000 metres carres et inscrite en partie sous le NID 55180152, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales « RS-1 » a zone commerciale locale « B-1 » pour permettre la creation d'un cabinet dentaire a la demande de Lynn Lamont soit acceptee. A I'issue du vote, la proposition est adoptee. Councillor Court withdrew from the meeting as he was absent from the Public Hearing for 861-891 Fairville Boulevard. 10. Consideration of By-laws 10.1 Third Reading Zoning By Law Amendment 861-891 Fairville Boulevard On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the by-law entitled, "By-law Number C.P. 110-85 A Law to Amend the Zoning By-law of the City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 2.3 hectares, located at 861-891 Fairville Boulevard, also identified as being PID Numbers 00032813 and 00032821, from 14" Heavy Industrial Park and "B-2" General Business to "SC" Shopping Centre classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-85 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 Councillor Sullivan RESOLVED that the by-law entitled, "By-law Number C. P. 110-85 A Law to Amend the Zoning By-law of the City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 2.3 hectares, located at 861-891 Fairville Boulevard, also identified as being PID Numbers 00032813 and 00032821, from 14" Heavy Industrial Park and "B-2" General Business to "SC" Shopping Centre classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-85 A Law to Amend the Zoning By-law of the City of Saint John", was read a third time by title. Councillor Court re-entered the meeting. Le conseiller Court quitte la seance puisqu'il n'etait pas present a I'audience publique portantsur le 861-891, boulevard Fairville. 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'arrete de zonage visant le 861-891, boulevard Fairville Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete n° C.P. 110-85 modifiant I'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 861-891, boulevard Fairville, d'une superficie d'environ 2,3 hectares et inscrite sous les NID 00032813 et 00032821, afin de faire passer la classification s'y rapportant de zone de parc d'industrie lourde « 1-4 » et de zone commerciale generale B-2 » a zone de centre commercial « SC fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C. P. 110-85 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. 14 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete n° C.P. 110- 85 modifiant 1'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 861-891, boulevard Fairville, d'une superficie d'environ 2,3 hectares et inscrite sous Ies NID 00032813 et 00032821, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iourde « 1-4 » et de zone commerciale generale « B-2 » a zone de centre commercial « SC fasse l'objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete n° C.P. 110-85 modifiant 1'arrete de zonage de The City of Saint John Le conseiller Court se joint de nouveau a la seance. Councillor Killen and Deputy Mayor Chase withdrew from the meeting. 10.2 Third Reading Traffic By Law Amendment On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by-law entitled, "A By Law to Amend a By law Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", be read. Question being taken, the motion was carried. The by-law entitled, "A By Law to Amend a By law Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", was read in its entirety. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by-law entitled, "A By Law to Amend a By law Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and amendments thereto", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled, "A By Law to Amend a By law Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and Amendments Thereto", was read a third time by title. Councillor Killen and Deputy Mayor Chase re-entered the meeting. Le conseiller Killen et le maire suppleant Chase quittent la seance. 10.2 Troisieme lecture de la modification de I'arrete concernant la circulation Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans Ies rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans Ies rues de The City of Saint John edicte en vertu de la Loi surles vehicules a moteur (1973) et modifications afferentes » est lu integralement. Proposition du conseiller Farren 15 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans Ies rues de The City of Saint John edicte en vertu de la Loi surles vehicules a moteur(1973) et modifications afferentes» fasse l'objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif a la circulation dans Ies rues de The City of Saint John edicte en vertu de la Loi surles vehicules a moteur (1973) et modifications afferentes Le conseiller Killen et le maire suppleant Chase sont de nouveau presents a la seance 10.3 Public Presentation for Proposed Municipal Plan Amendment 435 Boars Head Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would: Amend Section 3.4.4 of the Millidgeville Secondary Plan (Development Area Design Guidelines - Projects and Proposals- Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme/Character": "Townhouses may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." 10.3 Presentation publique relativement au projet de modification du plan municipal visant le 435, chemin Boars Head Une presentation publique est donnee relativement a un projet de modification visant le plan d'amenagement municipal qui : vise a modifier I'article 3.4.4 du plan secondaire de Millidgeville (lignes directrices relatives a la conception de secteurs d'amenagement- projets et propositions relatifs au secteur d'amenagement « D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique Thematique et caracteristique de I'amenagement » : « Des maisons en rangee peuvent egalement titre amenagees sur la parcelle de terrain (NID 00049833) situee au 435, chemin Boars Head. » 11. Submissions by Council Members 11.1 Council Policies (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Titus regarding Council Policies be received for information. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Deputy Mayor Chase RESOLVED that Common Council rescind the resolution made on September 29, 2008 as follows: "Resolved that Common Council meet weekly on Monday nights alternating between Committee of the Whole and Public Hearings on one Monday with regular Council meetings on the alternative Monday nights." Councillor Titus commented that he does not support a rescinding motion as he believes that the original motion by Councillor Sullivan from September 29t", 2008 was an unnecessary motion given that a provision already existed for a weekly meeting. Councillor McGuire noted that he does not support the motion stating that the issue is not the frequency of Council meetings, but rather the inefficiencies of Council meetings. Councillor Farren commented that he does not support the motion stating that Council could make meetings more efficient. Responding to a comment made concerning Committee of the Whole, Councillor Titus called a Point of Order stating that Councillors should not discuss Committee of the 16 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Whole matters in open session. The Mayor informed Councillor Titus that the reference made was to a Committee of the Whole meeting which was open to the public. Question being taken, the motion was defeated with Councillors Farren, McGuire, and Titus voting nay. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Common Council meet weekly on Monday nights alternating between regular meetings on one Monday and Committee of the Whole meetings on the alternate Monday night. The Common Clerk noted that Councillor Sullivan's current motion was not valid as the rescinding motion was defeated. Councillor Sullivan called a Point of Order stating that he realized that the rescinding motion was defeated; however, he questioned why he could not make a new motion proposing a new format for the Council meetings. The City Solicitor stated that Council adopted a resolution on September 29, 2008 which defined the arrangement of the weekly Council meetings. Mr. Nugent noted that the current motion to rescind this resolution was defeated, and therefore, he advised that Councillor Sullivan's subsequent motion is invalid as a principle exists whereby Council is prohibited from passing a motion indirectly which it could not pass directly. 11. Interventions des membres du conseil 11.1 Politiques du conseil (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre du conseiller Titus relative aux politiques du conseil soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le maire suppleant Chase RESOLU que le conseil communal annule sa resolution du 29 septembre 2008 par I'adoption de la proposition suivante : seance du conseil communal tous les lundis soir : it y aura alternance entre le comite plenier et les audiences publiques (un lundi soir) et les seances ordinaires du conseil (le lundi soir suivant). » Le conseiller Titus n'appuie pas la proposition d'annulation puisqu'il est d'avis que la proposition initiale du conseiller Sullivan datee du 29 septembre 2008 est inutile etant donne qu'une disposition concernant la tenue d'une seance hebdomadaire existe deja. Le conseiller McGuire signale qu'il n'appuie pas la proposition, indiquant que le probleme n'est pas la frequence des seances du conseil, mais plutot leur inefficacite. Le conseiller Farren indique qu'il n'appuie pas la proposition declarant que le conseil pourrait ameliorer 1'efficacite des seances. En replique a un commentaire formule concernant le comite plenier, le conseiller Titus formule une objection en declarant que les conseillers ne doivent pas discuter des questions du comite en seance publique. Le maire informe le conseiller Titus que la mention renvoie a une seance du comite plenier qui etait ouverte au public. A ('issue du vote, la proposition est rejetee. Les conseillers Farren, McGuire et Titus votent contre la proposition. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le conseil communal se reunisse tous les lundis soir : it y aura alternance entre les seances ordinaires (un lundi soir) et les seances du comite plenier (le lundi soir suivant). 17 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 La greffiere communale indique que la proposition actuelle du conseiller Sullivan est invalide puisque la proposition d'annulation est rejetee. Le conseiller Sullivan formule une objection en mentionnant que bien qu'il reconnaisse que la proposition d'annulation est rejetee, it ne comprend pas pourquoi it ne peut presenter une nouvelle proposition visant a etablir un nouveau format pour les seances du conseil. L'avocat municipal indique que le conseil a adopte une resolution le 29 septembre 2008 laquelle definit les dispositions de ses seances hebdomadaires. M. Nugent mentionne que la proposition actuelle d'annuler cette resolution est rejetee, ce qui rend invalide la proposition ulterieure du conseiller Sullivan etant donne qu'il existe un principe selon lequel le conseil nest pas autorise a accepter indirectement une proposition qui n'a pas ete acceptee directement. 11.2 Discussion on Referring Motions (Councillor Farren) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Farren titled Discussion on Referring Motions be received for information. Question being taken, the motion was carried. 11.2 Discussion sur les propositions presentees (conseiller Farren) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre du conseiller Farren relative a la discussion sur les propositions presentees est acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 11.3 Update on Garbage Collections System (Councillor Farren) On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that staff provide Council and the public with an update on the positive and negative results of the first week of the new garbage pickup system. Question being taken, the motion was carried. 11.3 Le point sur le systeme de collecte des ordures (conseiller Farren) Proposition du conseiller Titus Appuyee par le maire suppleant Chase RESOLU que le personnel fournisse au conseil et au public un rapport de mise a jour relatif aux resultats positifs et negatifs obtenus suivant la premiere semaine de mise en place du nouveau systeme de collecte des ordures. A ('issue du vote, la proposition est adoptee. 11.4 Splash Park for Dominion Park (Councillor Farren) On motion of Councillor Farren Seconded by Deputy Mayor Chase RESOLVED that the City Manager, in consultation with the Leisure Services Department, consider a splash pad in the Dominion Park area with the capital projects for 2009. nay. Question being taken, the motion was carried with Councillor Titus voting 11.4 Fontaine a jets douchants dans le parc Dominion (conseiller Farren) 18 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Proposition du conseiller Farren Appuyee par le maire suppleant Chase RESOLU que le directeur general, en consultation avec les Services des loisirs, etudie la possibilite d'inclure une fontaine a jets douchants dans le voisinage du parc Dominion avec les projets d'immobilisations de 2009. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 11.5 Speed Limit on Heather Way (Councillor Mott) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Mott entitled Speed Limit on Heather Way be referred to the City Manager. Question being taken, the motion was carried. 11.5 Limite de vitesse sur la voie Heather (conseiller Mott) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre du conseiller Mott relative a la limite de vitesse sur la voie Heather soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 11.6 Saint John Harbour Clean Up Progress Report (Councillor Snook) On motion of Councillor Snook Seconded by Deputy Mayor Chase RESOLVED that the City Manager prepare a progress report on the current status of the Saint John Harbour Clean Up project. Question being taken, the motion was carried. 11.6 Rapport d'etape sur le nettoyage du port de Saint John (conseiller Snook) Proposition du conseiller Snook Appuyee par le maire suppleant Chase RESOLU que le directeur general prepare un rapport d'etape sur 1'etat actuel du projet de nettoyage du port de Saint John. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Land Banking On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that Common Council refer the report entitled Land Banking to Committee of the Whole closed session for further discussion. Councillor Titus indicated that information concerning the Land Banking issue should be discussed in open session. nay. Question being taken, the motion was carried with Councillor Titus voting 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Reserve fonciere Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le rapport relatif a une reserve fonciere soit transmise au Comite plenier. 19 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 12.2 Viability of the Current Municipal Plan On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that staff provide additional information to Council regarding the viability of the current Municipal Plan at the Council meeting of October 20, 2008. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Killen RESOLVED that as recommended by the City Manager, Common Council consider the allocation of adequate resources to commence the preparation of a new municipal plan as part of the 2009 budget process. Question being taken, the motion was carried. 12.2 Viability du plan d'amenagement actuel Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que le personnel presente des renseignements supplementaires concernant la viability du plan d'amenagement actuel au cours de la seance du conseil prevue pour le 20 octobre 2008. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par le conseiller Killen RESOLU que, comme le recommande le directeur general, le conseil communal considere la repartition des ressources adequates afin d'entamer la preparation d'un nouveau plan d'amenagement dans le cadre du processus budgetaire de 2009. A ('issue du vote, la proposition est adoptee. 12.3 Building Canada Fund Application On motion of Deputy Mayor Chase Seconded by Councillor Killen RESOLVED that Common Council ratifies submission to the Building Canada Fund, of the City's application for funding of water infrastructure project which will assure the provision of clean, safe, reliable drinking water to those served by the City's Water Utility. Question being taken, the motion was carried. 12.3 Demande a Fonds Chantiers Canada Proposition du maire suppleant Chase Appuyee par le conseiller Killen RESOLU que le conseil communal autorise la soumission a Fonds Chantiers Canada tiree de la demande de financement de la Ville aux fins du projet d'infrastructure hydraulique qui assurera la prestation de services d'eau propre, saine, fiable et potable a ceux desservis par le reseau d'aqueduc municipal. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Police Force 2008 Operating Budget August YTD 20 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report entitled Police Force 2008 Operating Budget August YTD be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Bilan financier Qusqu'au mois d'aout) du budget de fonctionnement de 2008 du service de police Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport relatif au bilan financier (jusqu'au mois d'aout) du budget de fonctionnement de 2008 du service de police soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 13.2 2007 Annual Report City of Saint John Pension Plan On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that the 2007 Annual Report on the City of Saint John Pension Plan be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Court RESOLVED that the 2007 Annual Report on the City of Saint John Pension Plan be received for information. Councillor McGuire called a Point of Order requesting that time be provided for other Council members to speak on the issue at which time Mayor Court provided Councillor McGuire with the opportunity to express his views. Question being taken, the motion was carried with Councillors Farren and Titus voting nay. Coucillors Titus and Court withdrew momentarily during the discussion on the pension issue. 13.2 Rapport annuel de 2007 relatif au regime de retraite de The City of Saint John Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU que le rapport annuel 2007 relatif au regime de retraite de The City of Saint John soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par le conseiller Court RESOLU que le rapport annuel 2007 relatif au regime de retraite de The City of Saint John soit accepte a titre informatif. Le conseiller McGuire formule une objection en demandant que du temps soit alloue aux autres membres du conseil afin qu'ils puissent se prononcer sur la question. Le maire Court lui donne alors ('occasion d'exprimer son opinion. A ('issue du vote, la proposition est acceptee. Les conseillers Farren et Titus votent contre la proposition. Les conseillers Titus et Court quittent pendant un moment la seance alors que se deroule la discussion sur la retraite. 13.3 Letter from Pension Plan Board of Trustees regarding Mandatory Retirement On motion of Councillor Titus 21 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Seconded by Councillor McGuire RESOLVED that the Letter from Pension Plan Board of Trustees regarding Mandatory Retirement be received for information. Question being taken, the motion was carried. 13.3 Lettre du conseil d'administration du regime de retraite concernant la retraite obligatoire Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre du conseil d'administration du regime de retraite concernant la retraite obligatoire soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 13.4 Planning Advisory Committee recommending Fundy Bay Holdings Limited Subdivision 475 Latimore Lake Road On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager 1. Common Council assent to the submitted Fundy Estates Subdivision (Lot 08-1 to 08 3) and the Fundy Bay Holdings Limited Subdivision (Lot 2008-2 and Lot 2008-3) with respect to any necessary public utility easements; and 2. Common Council accept a cash-in-lieu Land for Public Purposes for the above mentioned Fundy Estates and Fundy Bay Holdings Limited Subdivisions. Question being taken, the motion was carried 13.4 Comite consultatif d'urbanisme recommandant le lotissement Fundy Bay Holdings Limited 475, chemin Latimore Lake Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, les propositions suivantes soient adoptees : 1. le conseil communal approuve le lotissement Fundy Estates (du lot 08-1 au lot 08-3) et le lotissement Fundy Bay Holdings Limited (le lot 2008-2 et le lot 2008-3) relativement a toute servitude d'entreprise de service public necessaire; 2. le conseil communal accepte une compensation monetaire pour le terrain d'utilite publique relativement aux lotissements Fundy Estates et Fundy Bay Holdings Limited. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:45 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 45. 22 92- COMMON COUNCIL/CONSEIL COMMUNAL OCTOBER 14, 2008/LE 14 OCTOBRE 2008 Mayor/maire Common Clerk/greffier communal 23 October l6th, 2008 His Worship Mayor Ivan Court and Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Councillors- I am writing to request the opportunity to present a brief update to Common Council regarding the Understanding the Early Years (UEY) project, currently wrapping up in the Greater Saint John area. Understanding the Early Years (UEY) is a 3-year, $400,000 research project funded by Human Resources and Social Development Canada. The philosophy of UEY highlights the importance of both family and community in the overall development and well-being of our children. The Greater Saint John UEY project is moving into its final phase as both the UEY Community Mapping Report and Community Action Plan are nearing completion. I believe you will find the results thought-provoking and enlightening. Thank you for considering my request for an audience and l look forward to hearing from you in the near future. Sincerely, 4&1'U 4~& Ellen Snider Project Coordinator, UEY Greater Saint John j Human Resources and Ressources humaines et Social Development Canada Developpement social Canada 24 Ray Bungay 1710 Hickey Road, Apt 301 Saint John, NB, E2J3S6 696-4190 Mayor and Council City of Saint John 0') ' 2 0, Last year I sent to Council, an email outlining why I think we need a sidewalk from the entrance of Park Place Apartments to the corner of Hickey Road and Heather Way. I was concerned then and even more concerned now for the safety of residents who like to walk as part of their exercise routine, just enjoy walking or just plain have too because of their situation in life. I also had grave concern, especially in winter for the many children that walk on this road to go to the bus stop or to go to the corner store down one block from our drive way. Here is an update of what I was asking for our Park Place Community and for others who walk for pleasure or necessitity on Hickey Road. The request for a sidewalk extension is for only the Heather Way side of Hickey Road. There are two homes both white situated between Heather Way and the entrance of Park Place. Park Place Apartment complex consists of three six floor apartments of approximately 72 apartments each and currently all totally fall due to the expected energy boom. Two of these buildings contain families and a fair number of children. The other building is a mix of seniors and working class folks. I do not have any idea of what dollar amount of taxes we are talking about in total between the 3 entities but I am sure it is in the 300-400k amount if not higher. As I said in my original email to the council and then Common Clerk Pat Woods, I am not looking for this sidewalk extension just for myself, but rather, for the whole community of Hickey Road area, for their safety and enjoyment as there is not many places left in the city that is this rural in nature. Nothing much has changed in the year since I wrote the original email, except for the fact that we have not received the sidewalk, nor has anyone from the city wrote me to tell me why, but hey, folks that is OK, really. There a two big reasons this year for my request yet again. The safety factor is not getting any better, but rather it is rapidly getting worse. We are going through a rapid increase in housing in this area, as you are all aware of, which is a good thing. I am 62 years old and I am, yes, I am very happy to see all this development. This shows me and the rest of Canada that Saint John is a place you want to be living in and that great things are happening here. I wish to see this to continue and these newcomers live in our neighbour hood. But members of council we need safe passage for our seniors, young people and those who just want to keep in shape by walking or running. The other thing is this; a week and a half ago there was a tragic death of one of our long time Hickey Road residents. As this is a small community within the city limits, most of our local residents know who the lady was who lost her life. She actually lived in the first white house on the comer of Hickey Road and Heather Way. She died while 25 walking on a sidewalk so I am sure you can agree with me that walking on a street is far worse than walking on a sidewalk. There are a lot of our residents, here at Park Place that walks on Hickey Road and Heather Way and we need this sidewalk in the worse way. When I first moved to this area over 30 years ago there were no sidewalks out here, but clue to increased development, there is now a sidewalk from Loch Lomond and Hickey Road all the way up to Heather Way right out to Grandview Avenue, but this area has been ignored for all these years while increased traffic, dump trucks and even city buses are increasing in numbers each year. Also in the past 20+ years we have now had three preventable deaths due to traffic accidents within a 2 block radius of the entrance to Park Place. The death mentioned above, a young girl was killed right at the entrance of Park Place while riding her bike on an Easter Sunday and a highschool student was killed while exiting a city bus across from the Simonds entrance. 1`wllow 1100% realize that none of these accidents were the result of not having; a sidewalk where I believe there should be, none the less the chances of our population out here having one because there is not any sidewalk is increasing each year. In closing I ask that someone from city council, city staff or both come out to our area for a walk about to see what I am talking about and I am sure you all will agree with me that the sooner the better we have a sidewalk extension for this short distance. I know I will be grateful as well as our citizens out in this area. I hope you will consider this request for next season's construction period and the work should not take too long to do, just the money and the will to have it done. Thank you for your time. "Fours truly Ray Bungay 26 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21, 4L1 Bureau des Commissaires du Service de Police de Saint John C.F. 1971 Saint John Nouveau-Brunswick Canada C2L 4L i DAVID EMERSON Vice ChairlVice President CHARLENE HAYES Secretary/Secretaire MAYOR IVAN COURT Commissioner/ Commissaire DONALD F. CULLINAN ComndsslonerlComndssaire PETER MCGUIRE CommissionerlCommissaire CHRISTOPHER WALDSCHUTZ Commissioner/Commissaire ALLEN G. BODECHON Chief of PolicelChef de Police SARAH WILSON &ecutive Secretary` Secretaire Administrative Telephone/Telephone: (506) 674-4142 FaxlTeleeopieur: (516) 645-3304 F-mail/Courriek pqlicecol mission -'saintLC 11,c Ile SAINT JCAN Explore our pastl Explorez noire passe Discover your future/ D couvrez votre avenir October 14, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Re: Vacant Position Saint John Board of Police Commissioners The purpose of this letter is to request that Common Council fill the seat on the Saint John Board of Police Commissioners left vacant by the resignation of Mr. Andrew Britton. Inasmuch as the Commission is dealing with a number of issues of major public interest, the Board has directed me to request Council's immediate attention to this request. Respectfully submitted On behalf of the Saint John Board of Police Commissioners Interim Chair 27 School District 8 - District Education Council 490 Woodward Avenue • Saint John, NB E2K 5N3 THE POWER OF EDUCATION Tel 506.658.5300 • Fox 506.658.5399 • www.district B.nbed.nb.ca September 26, 2008 Mayor Ivan Court and Council It is my privilege to submit this in support for the continued funding of the Cherry Brook Zoo. The Cherry Brook Zoo has become an important and integral part of our community. As a year-round facility, it offers many seasonal opportunities for the public's enjoyment as well as participating in many community activities such as Christmas in July Festival, the Haunted Zoo and with the new Miniature Golf Course it enhances family participation. It encourages parents to bring their children to view living, breathing animals in a habitat conducive to their survival. For a number of years, the Zoo has provided numerous opportunities for our high school Cooperative Education students. The staff of the Cherry Brook Zoo has assisted our students in expanding their knowledge of the care and responsibilities involved in dealing with animals. Practical on-the-job training is invaluable as students strive to make well-informed post-secondary decisions. The possibility of losing such a valuable educational asset would have a direct negative affect on students. Without sufficient funding, I feel the City of Saint John will lose one of its favourite attractions and an important educational asset. We have only to look to its accreditation to see how valuable it has become to our present citizens and what its existence may mean to those we hope to attract. Sincerely Dixie Coughlin, Coordinator Cooperative Education 28 October 14, 2008 Common Council City of Saint John Re: Commercial Impact Of The Cherry Brook Zoo In Saint John Dear Mayor Court and Councillors: I am writing with respect to my opinion, as a professional Commercial Real Estate Practioner, on the positive economic impact that the Cherry Brook Zoo provides to the community of Greater Saint John. The Cherry Brook Zoo is considered to be a "Destination Site" in terms of hospitality venues. This is part of the reason that a number of local businesses get spin-off benefits from the Zoo's operations. The Zoo, considered one of the top ten city attractions, contributes much to the Tourism Industry in the Greater Saint John area. Cherry Brook Zoo also provides local residents with the opportunity to see various types of animals from, all over the world that they would never otherwise have if it was not for being able to visit the Zoo. This is an opportunity that does not require out-0f--town travel and so remains an affordable option for most, Residents in other Atlantic provinces do not have the same option. The 'Loo acts as an important education tool, especially for the many young residents of the Greater Saint John area. They can see the live animals that they would normally only see on TV or in books. Having this fast hand tool is priceless when you are teaching about the importance of environmental issues and conservation. From an overall perspective on the value of Cherry Brook Zoo to the Greater Saint John Community, I believe it is a very necessary piece of the economic pie and should Rot be taken out of the equation. As a commercial real estate developer, I know that there are multiple assets that m4:e our attractive to businesses looking to locate or expand in our area I !t~ f~ ru is one ofthose positive assets and therefore is helpful in enhancing the cit%'s lax 17 ,All 's 29 2 - If the Zoo is forced to close due to lack of financial support, not only would it have a direct negative impact on the area's tourism industry, it would also decrease the positive assets that help to attract and retain people in the Greater Saint John area. To not invest in the zoo would be a mistake, because there is very good value directly and indirectly in a Zoo being in Saint John. The investments over the years, have allowed the Cherry Brook Zoo to become one of the best in the country in terms of operating efficiency and the international reputation it has acquired in Species Survival programs. Like any other good investment, protecting it will only enhance the value and therefore it would make sense for the City of Saint John to invest in the zoo to ensure it stays in operation. Too many negative things would happen to this gem if it is not enhanced and protected. It should also be noted that the Zoo enhances Saint John's tax base due to the fact that it complements Rockwood Park and the activities that the park provides to the many thousands of people who visit the park each year to enjoy the lakes, walking trails and the golf course. Saint John over the last few years has invested much into the arts and entertainment sector of the City and the return in those investments is being seen in the fact that the City is becoming more attractive for people from all over the world to move to our lovely City. The Cherry Brook Zoo is an important part of that arts and entertainment sector, and it directly contributes to the visiting prospective new comers making the important decision to move to, and invest in Saint John. In conclusion, I wish to re-state my professional opinion that it would be considered a sound financial investment for the City of Saint John to invest more into the Cherry Brook Zoo, as the spin ofJ's from the Zoo do directly benefit the many other business in the Greater Saint John area and therefore the value I would put on this business is "priceless". Respectfully submitted ve yyam. Ho es Harfizrt, CE CD Associate Broker/Manager Re/Max Professionals Saint John Inc. 30 Environment Environnement Canada Canada Wildlife Enforcement Division Enforcement Branch PO Box 23005 Moncton, N. B. E1A 6S8 October 6, 2008 Lynda Collrin Cherry Brook Zoo 901 Foster Thurston Drive Saint John, NB E2K 5H9 Dear Mrs. Collrin: It is my understanding that you are seeking letters of support for the Cherry Brook Zoo to assist you in your fund raising efforts. I am pleased to be able to provide this letter which you may forward to funding partners or agencies. Environment Canada has the responsibility to protect many Canadian and international species of animals and plants that are in commercial trade throughout the world. We do this by implementing the Convention on International Trade in Endangered Species (CITES) through one of our federal wildlife acts. In addition to the legitimate regulated trade of animals and plants there is also an illegal trade that poses a threat to species around the world. There is a great need to create awareness and educate the public on this wildlife issue. The illegal harvest (poaching) of animals and trafficking in animal parts and derivatives is a global activity that is lucrative to those who partake, and is a priority of international wildlife enforcement agencies such as Environment Canada. Environment Canada works diligently with domestic and international law enforcement agencies to resolve the problem and uses every tool available to us from direct enforcement actions to education. The enforcement duties associated with this responsibility results in the regular seizure of items made from mostly exotic endangered species as well as the occasional live species. Our department has had a long history of collaboration with the Cherry Brook Zoo who assists us with the care and maintenance of some of the live specimens we have seized. The zoo has also established a display of seized items made from the endangered species as part of an effort to educate the public. We have worked well with the zoo in the past and are continuing to work with the zoo at this time on another project. 31 2 The recent successful prosecution in Atlantic Canada of a large international file involving commercial smuggling of protected Queen Conch meat resulted in fine money being directed to the Environmental Damages Fund for projects in Atlantic Canada dealing with the illegal trade of endangered species The zoo was successful in submitting an application to obtain money to assist with funding a portion of the expansion and improvement of the Awareness and Discovery Centre. Environment Canada is pleased to be able to work with the zoo and its other partners on this project with the objectives of creating awareness of poaching and its impact in the animal's native habitat and bringing to the public's attention that this display and its content is made up of exotic items seized by Canadian officials here in Canada. The Wildlife Enforcement Division is not a funding or granting body but a natural resource law enforcement agency that is pleased to continue its collaboration work with the Cherry Brook Zoo by providing seized exhibit material, and endorses the efforts of the zoo to protect international and domestic species through educational programs. Sincerely, Hugh O'Neill Director - Atlantic CC Richard Charette National Director Craig Smith Manager Maritimes Division Les Sampson Wildlife Enforcement Officer 32 i. MAKE A 1:31 FFERENCE DAY NATIONAL DAY OF DOING GOOD I 1 9 ~ l o A ! • , ~ Contact: Stephanie Beattie Golden Key Society - President yOalz@unb.ca 33 What ins Make A Difference Day? Make A Difference Day is the most encompassing national day of helping others a celebration of neighbors helping neighbors. Everyone can participate. Created by USA WEEKEND Magazine, Make A Difference Day is an annual event that takes place on the fourth Saturday of every October. The next event is Saturday, October 25, 2008. Millions have participated. In 2007, 3 million people cared enough about their communities to volunteer on that day, accomplishing thousands of projects in hundreds of towns. Projects can be as large or as small as you wish! This year the Golden Key International Honour Society;UNBSJ Chapter has chosen to support our local Cherry Brook Zoo by volunteering for their "Haunted Zoo" on October 25th and by having all of our members raise as much money as possible through pledge sheets. We will submit our project for nomination, amongst all other efforts taking place across North America on this day, so let's make a difference! lak Difference a,~,- -tXwards az 4~ Faked Dill Day a6 34 I f~ f ~ f fi' I "Haunted Zoo" PLEDGE SHEET Saturday, October 25, 2008 Help Support the Cherry Zoo! CherryBrook Zoo! *All donations will go directly to this years` winter food budget* This is a fundraiser hosted by the Golden Key International Honour Society; UNBSJ Chapter, in association with "Make a Difference Day", to support the Cherry Brook Zoo. Name: NAME ADDRESS PHONE DONATION PAID JANE DOE 503 NORTH 5TREET 648-4125 $20 yes Contact: Stephanie Beattie Golden Key Society - President yOalz@a unb.ca 35 M&C2008-313 October 20, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: lei w, I SUBJECT: Contract 2008 - 8: Greenwood and Morna Heights Subdivisions Wastewater Treatment Facilities Mechanical Repairs BACKGROUND a~ Th, Utl~ UL i-11n, The Morna Heights and Greenwood Subdivisions are both trickling filter Wastewater Treatment Facilities (WWTFs) that are located at 219 Bay Crescent Drive and 173 Karen Street, respectively. These WWTFs were constricted in 1989 (Morna Heights) and 1995 (Greenwood Subdivision) by using the most simplistic of treatment technology. Critical components of these facilities are in need of replacement as was identified in 2007 and thus budgeted within the 2008 utility fund operating budget. Contract specifications and plans were developed for the necessary mechanical repairs at each facility. As per the Tendering Policy, the Contract 2008 - 8 was publicly advertised and the public tender opening held on October 8, 2008. One contractor obtained the tender package but no bids were received at the public tender opening. Subsequently, a contractor was contacted directly in accordance with Purchasing's recommendations, to determine if there was a level of interest in bidding this work. The contractor declined due to his current workload. As a result, quotes from several suppliers and contractors are being sought to procure the materials and complete the necessary repairs. The supplier's quote is greater than $25,000, and as such, approval must be received by Common Council prior to proceeding. ANALYSIS It is necessary to complete the mechanical repairs at the Morna Heights and Greenwood WWTFs to comply with the New Brunswick Department of Environment Approval to Operate Wastewater Works and to improve the quality of effluent being discharged to Grand Bay and Grahams Brook tributary. Effluent quality improvements will protect human health and the aquatic life. 36 M&C2008-313 October 20, 2008 Page 2 FINANCIAL IMPLICATIONS The quote to supply and install the filter tank distributors at both Morna and Greenwood WWTFs is as noted below. • Thomas Industrial Sales Ltd. $34,300 plus HST Other suppliers are being requested to provide the additional components required to complete all of the repairs. Additional work required, such as draining and cleaning the existing tanks, repairing a settling tank baffle, landscaping and contractor installation services are smaller in scope and can be completed through the Purchasing Policy process, using Purchase Orders. All costs have been budgeted and will be covered within the current envelope of the 2008 Saint John Water operating budget. RECOMMENDATION It is recommended that the quote of Thomas Industrial Sales Ltd. be accepted and that Common Council approve this spending request so that timely mechanical repairs to the Morna Heights and Greenwood Wastewater Treatment Facilities may proceed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 37 lei M&C2008-314 October 23, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: a~ Th, Utl~ UL i-11n, CONTRACT NO. 2008-39: PRINCESS STREET RETAINING WALL RECONSTRUCTION BACKGROUND The work consists generally of the removal of two existing retaining walls on the City of Saint John property located on the Northeast corner of the intersection of Princess Street and Canterbury Street. One wall (old stone/mortar foundation) has a face area of approximately 81 M2 while the second wall (mostly concrete) has a face area of approximately 31 M2. In addition to the constriction of two new retaining walls, the project will consist of the installation of approximately 32 meters of 1524 mm high "Montage ATV historic decorative metal fencing, the removal and reinstatement of a section of asphalt sidewalk and the removal and reinstatement of a portion of the parking lot asphalt to facilitate constriction. In M & C 2008-278, staff requested and were granted authorization to utilize the method of competitive bids to engage a contractor for demolition and reconstruction of failing retaining walls on City owned property identified as PID 8979 (corner of Princess Street and Canterbury Street), currently operated as a parking lot by the Saint John Parking Commission. TENDER RESULTS Tenders closed on October 7, 2008 with the following results: 1. Gulf Operators Ltd. $ 268,109.45 Saint John, N.B. The Engineer's estimate for the work was $189,890.85. 38 M&C2008-314 October 23, 2008 Page 2 ANALYSIS The tender was reviewed by staff and it was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work. The difference between the tendered amount and the original Engineer's estimate is $78,218.60 ($268,109.45 - $189,890.85). Following the tender closing, staff prepared a spreadsheet to compare the tendered unit prices to the prices utilized to produce the Engineer's estimate. After comparing the prices and reviewing the Engineer's estimate in detail, staff are of the opinion that the Engineer's estimate was low and that an amount of $200,275.55 (an increase of $10,384.70) would more accurately reflect the true estimated cost of Contract 2008-39. The prices utilized to complete the original Engineer's estimate were taken from the Municipal Engineering standard estimating database. The prices in the database are representative of the level of effort required to complete an item of work under "average" constriction site conditions. In the original Engineer's estimate the prices utilized did not give due consideration to the following factors on Princess Street: providing extra barricades to ensure the safety of passing pedestrians and motorists, the condition and breakability of the bedrock at greater depths, cold weather concreting practices, the ease of demolition of the existing walls, and the stability of surrounding strictures during demolition. Given that there was only one bid received from the six invited bids for the project, staff wanted to ensure that the City would receive good value for the fiends being allocated to this project. With this in mind, staff requested a meeting with the tenderer to discuss the differences in the tendered amount versus the Engineer's estimate and to take advantage of an opportunity to negotiate a better overall project price. Staff reviewed the contract Schedule of Quantities and Unit Prices with the tenderer in an effort to identify areas where agreed upon clarifications could provide a cost saving to the City. The tenderer and staff were successful in clarifying the limits of a lump sum unit price and identifying an alternative source of some required materials resulting in a cost savings to the City. Also by reviewing the scope of work with the tenderer in an effort to identify areas where an agreed upon scope change could provide a cost saving to the City the tenderer and staff were successful in identifying a project scope change that was acceptable to both parties that would result in a cost savings. By decreasing the amount of common excavation and asphalt reinstatement required for the project and by clarifying the limits of a lump sum item, the tenderer and staff were successful in indentifying a savings of $33,905.65 to the project. The negotiated tender price is now $234,203.80 which is $33,928.25 ($234,203.80 - $200,275.55) more than the revised Engineer's estimate. Given the safety concerns surrounding the deteriorating condition of the existing walls, Staff is of the opinion that this wall must be demolished and reconstructed immediately. INPUT FROM OTHER SOURCES The City Solicitor and Purchasing Agent were consulted prior to staff contacting the tenderer and both agreed that post-bid negotiations between the tenderer and City to identify project scope changes that would result in an overall reduction in project cost would be considered an acceptable process. 39 M&C2008-314 October 23, 2008 Page 3 FINANCIAL IMPLICATIONS As indicated in M & C 2008-278 the Contract includes work that is charged against the 2008 Princess Street Reconstruction Project budget. Once the tender for the Princess Street Reconstruction Project has closed, staff will report to council on overall project costs. If overall costs exceed the 2008 project budget after consideration is given to the fiends from the sale of the property then recommendations will be made for Capital Program adjustments to maintain the overall program envelope at the approved level. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008-39: Princess Street Retaining Wall Reconstruction be awarded to the tenderer, Gulf Operators Ltd., at a negotiated tender price of $234,203.80 as calculated based on estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfi lly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 40 M & C 2008-317 October 23, 2008 lei I His Worship Mayor Ivan Court & Members of Common Council ~ ~Nk~~u, Your Worship and Members of Council, SUBJECT Contract No. 2007-35: Watermain Cleaning & Lining, Phase 3 PURPOSE The purpose of this report is to update Council on the status of Contract 2007-35: Watermain Cleaning & Lining - Phase 3 project and the additional costs incurred. BACKGROUND This Contract consists of a project that was approved in the 2007 Water & Sewerage Utility Fund Capital Program for the cleaning & lining of approximately 7 km of existing cast-iron watermains to improve water quality and flows in the following locations: • Beaconsfield Avenue • Mansfield Place • Beaconsfield Crescent • Argyle Street • Bonner Place • Driscoll drive • Woodville Road • Elmore Crescent • Fundy Drive • Bardsley Avenue • Whipple Street • Havelock Street • Center Street • Sand Cove Road • Summer Street • Wallace Court • Pleasant Street • Seacliffe Drive • DeMille Street • Rocky Bluff Terrace • Mansfield Street Common Council, at its meeting of July 30, 2007, awarded Contract 2007-35 (M&C 2007-240) to Alltech Solutions Inc. at their revised tender price of $1,480,015.00 41 M&C 2008-317 Contract 2007-35: Watermain Cleaning & Lining, Phase 3 October 23, 2008 Page 2 ANALYSIS All of the work under Contract 2007-35 has been completed. The final quantities and summary of change orders for the project have been finalized and are presented as follows: Total Change Orders: Variation in Quantities: Minus: contingency Allowance: Net Additional Cost: COST SUMMARY Original Contract Value: Minus: Contingency Allowance: Value of Original Estimated Work: Summary of Change Orders: Variation in Quantities: Final Contract Value: $88,518.55 +$161,407.68 -$100,000.00 $149,926.23 $1,480,015.00 -$100,000.00 $1,380,015.00 +$88,518.55 +$161,407.68 $ 1,629,941.23 The final constriction cost of the project including Change Orders and Variations in Quantities is $1,629,941.23. The difference between the final contract value and the original tendered price is $149,926.23 ($1,629,941.23 - $1,480,015.00). The approved budget for the project is $1,500,000.00 under the 2007 Water and Sewerage Utility Fund Capital Program. The final net cost of this project including the constriction costs, engineering services and after considering the City's eligible HST rebate is $1,580,915.00 resulting in a negative variance of $80,915.00 in the Water & Sewerage Utility Fund Capital Program. This amount can be managed within the Water & Sewerage Utility Fund Capital Program. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfidly submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 42 REPORT TO COMMON COUNCIL M & C - 2008-318 24 October 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Maintenance Garage Adelaide Street BACKGROUND: } City of sent John Tenders closed on Wednesday October 22nd for the supply of all labour, materials and equipment necessary to constrict a new maintenance garage building at 171 Adelaide Street, Leisure Services Department. This is the conclusion of a two year project which saw the expansion of the existing administration building, the demolition of the old maintenance garage and storage area and its replacement with this new building. The new maintenance garage will facilitate the bulls of the Leisure Services activities to be carried out from this central location. ANALYSIS: Four companies chose to participate in the competitive bid process by submitting tenders. The following is a summary of the bids received; Erb's Enterprises $375,300.00 Castle Rock Constriction $406,800.00 Avondale Constriction $418,000.00 King Constriction $473,000.00 • Note: All above are tax included prices Staffs of Materials Management and Facilities Management have reviewed the bids and have found them to be complete in every regard. 43 Page Two FINANCIAL IMPLICATIONS: The total cost to constrict a new maintenance building for use by the Leisure Services Department, if awarded to the lowest bidder, will be $375,300.00, tax included. As previously stated, this is a planned expenditure and as such funds to cover the cost of this project are included in the 2008 Facility Management Capital Budget. RECOMMENDATION: It is recommended that the tender for the "Constriction of Maintenance Building, 171 Adelaide Street", be awarded to the lowest bidder, Erb's Enterprises Ltd., in the amount of $375,300.00, tax included. Respectfully submitted, r~ David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 44 ~ f October 24, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: 101 UNION STREET Mr. Bob Pearson, the tenant at 101 Union Street, has requested that he be permitted to remain on site until November 15, 2008, to allow him sufficient time to remove his equipment from the garage.. Attached, please find documentation executed by r. Pearson indicating that he has agreed to the conditions as proposed by the City of Saint John. RECOMMENDATION: That the Mayor and Common Clerk be authorized to execute the attached correspondence providingr. Bob Pearson sicient time to remove his equipment from the garage at 101 Union Street. CITY MANAGER Attachment 45 The city of saint laiux Lynda D. Farrell Direct Lime; 506.658.4096 Fax No.. 506.649.7939 Email : lynda.farrell@sain tj ofin,ca October 23, 2008 Barry Morrison, Q.C. Morrison Pierce Suite 1212 Brunswick Square One Germain Street Saint John, N13 B2L 4V l Dear Mr. Morrison: Re 101 Union Street In response to your request on bobuIf o ~ Bob Pearson, the tenant at 101 Union Street, to permit him to rerri3 in uii 'site until November 15, 2008 to allow him sufficient time to remove his cq ul p.ment from the garage. The City Manager is prepared to recommend to C nution Council that Mr. Pearson's request be permitted provided that he accept the following terms and conditions: 1. There is no landlord/tenant relationship between Mr. Pearson and the City, Mr. Pearson has a licence to enter upon and exit from 101 Union Street for the purpose of removing his equipment from the site. 2. Mr. Pearson must vacate the site by 6:00 p.m. local time November 15, 2008 and any equipment remaining on site at that time becomes the property of the City and may be disposed of as the City sees fit and Mr. Pearson shall have no recourse. 3. Mr. Pearson will pay all utilities until November 15, 2008 and upon his leaving the premises he will provide copies of receipts indicating such payments have been made. ...12 Q1 SAINT JOHN RO. Box 1971 Saint Jahn, NB Canada E21- 41-1 ww4wsaingohnxa I C.P. 1971 Saint John, N.-B. Canada EX 41-1 46 i ri F K Barry Morrison, Q.C, October 2.3, 2008 Pale 2 Re: 101 Union Street 4. Mr. Pearson shall maintain a policy of commercial general liability and environmental insurance coverage on "an occurrence" basis and containing a cross liability clause and shall deliver to the City a certificate of such insurance policy naming the City of Saint John as an additional insured, and which policy must; i. have an inclusive limit of not less than Two Million ($2,000,000.00) Dollars; ii. remain in full force and effect during the entire period during which Mr. Pearson remains on site; iii. provide commercial lia lamage ity, property damage and environmental liability insurance coverage with respect to Mr.. Pearson's o ?i tui n of the site; iv. not be amended, canct l l--,~ or allowed to lapse while, Mr. Pearson occupies the s)1~: 5. Neither Mr. Pearson nor tus Employees, agents, workmen, contractors, invitees, trespassers i) r any other person shall have any claim against the City for injury, Ins, oil life or damage to or loss/destruction of property while on 101--Union street for any purpose, lawful or otherwise. fi. Mr. Pearson for himself, his heirs and assigns, shall indemnify and save harmless the City from all loss, damage or injury, of any nature, kind or description whatsoever and in respect of property owned by others and in respect of damage sustained by others, however caused and from all damages, claims, demands, actions, suits, or other proceedings by whomsoever made, brought or prosecuted in any manner, based upon or arising out of or connected with Mr. Pearson's occupation of 101 Union Street.. 47 Barry Morrison, Q.C. Oetobet 23, 2008 Page 3 Re: 101 Union Street If Mr. Pearson is willing to abide by these conditions please have him sign the copy of the letter as indicated and return it to me. As I mentioned on the telephone yesterday, time is an issue. Mr. Totten's recommendation must be made at the latest. Friday morning by 10:00 o'clock.. Yours truly, Lynda D. Farrell Solicitor I hereby agree to the terms ana CuTAiii is set fcTth should Common Council permit me to remain at 101 L,nion Street, Saint John, until 6:00 p.m. November 15, 2008. DATER at Saint John this = = day of October, 2008. Witness ACCEPTED AND AGREED this day of October, 2008. THE CITY OF SAINT JOHN Mayer Common Clerk Common Council resolution: , 2008. 48 0 R "'I" TO C, M&C #2008 I C" 0 U' 'N C 1- L, The City of Saint John. October 20, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: ESTABLISHMENT CHANGE A few weeks ago, Council received a report and recommendation from the Police/Justice Steering Committee related to the human resources that would be required to oversee this major capital investment and to protect the interest of the City of Saint John. The report alluded to the fact that in order to properly oversee this project, a project office would be opened and staffed with three employees. The lead person would be the Commissioner of Buildings and Technical Services, supported by an individual with strong project management skills and a third person possessing secretarial and administrative skills. Staff have been working to identify individuals who possess the required skill sets and are prepared to vacate their current positions in order to participate in this exciting project for possibly as long as the next three years. We are pleased to inform Council that two individuals have been identified and are prepared to take on this challenge. Staff are suggesting that the position possessing the strong project and program management skills be titled "Asset Manager and be included in the Building and Technical Services Department. The reason for this title is that when this project is completed, it will allow for an easy transition hack into the functions on this department. With the experienced gained on this major building project from cradle to grave, it is clear that this individual will garner additional expertise invaluable to the City's needs to properly manage, protect and preserve all of our buildings. The second position is an Administrative Assistant position as currently found in the Local 486 Establishment. As was indicated in the Steering Committee report, the costs associated with these three positions will all be charged to the "Capital Cost of This Project" while the project office is in operation. Upon closing of the office, these positions, if still occupied, will be "reassigned" to regular operations and will be accommodated within the annual operating budget. Having said this, staff 49 Report to Common Council Subject: Page 2 fully expects a number of retirements and changes in the next few years so it is the goal to re- instate these positions back into operations without undue hardship. RECDM M E NDATDQN: It is recommended that the City's establishment be increased by an "Asset Manager" and an Administrative Assistant with both positions falling within the Department of Building and Technical Services and being a signed to the Peel Plaza Development for the current time. espec ily s tted, Terrence L. Totten, FCA CITY MANAGER 50 REPORT TO COMMON COUNCIL M & C - 2008-315 October 22, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Abrasive Sand BACKGROUND: D.~ U ry of Saiut puh it The City traditionally calls a tender each year for the establishment of a supply contract for the provision of abrasive sand for use on City streets during the coming winter months. Tenders closed on Wednesday, October 1, 2008. ANALYSIS: Only one company responded to the City's tender call by submitting a bid and staff from Municipal Operations and Materials Management has reviewed the tender response and have found it to be complete in every regard. As a condition of award, bidders are to provide the location of the pits to be employed to supply the product bid. A copy of the pit's address is submitted to the Building and Technical Services Department for review and compliance with any City Bylaws pertaining to Pits and Quarries. Staff has been advised that the pits submitted by Galbraith Constriction Ltd., which are located at 395 Manchester Avenue and Gault Road are in fiill compliance with the bylaw. FINANCIAL IMPLICATIONS: Based on an estimated quantity of 4000 to 6000 tonnes and at the cost quoted, the City will spend approximately $42,000.00 - 63,000.00 to purchase abrasive sand during the 2008/09 winter season. This is a planned expenditure and as such fiends are included in the annual operating budget. 51 PAGE TWO RECOMMENDATION: It is recommended that the tender for the supply of abrasive sand for the 2008/09 winter season be awarded to Galbraith Constriction Ltd. in the amount of $10.50 per tonne, plus applicable taxes. Respectfully submitted; David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manage 52 M & C - 2008-316 October 23, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Dates 99 Simpson Drive BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Scott Blount 99 Simpson Drive "R-1B" "R-4" To recognize the existing three-family dwelling as a permitted use RECOMMENDATION: That Common Council schedule the public hearings for the rezoning application of Scott Blount (99 Simpson Drive) for Monday, November 24, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 53 Report to Common Council Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF/r Page 2. 54 i M & C 2008 October 27, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Land for Public Purposes Trust Fund Application Millidgeville P.E.A.K. Proiect (M. Gerald Teed School) BACKGROUND On August 20, 2001, Common Council amended the Policies for the Acceptance of Land for Public Purposes and Use of the LPP Funds (November 6, 1995), to include section 7(d) "Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund." The amended policy is appended to this report. The following request was received for fiinding from the Land for Public Purposes Trust Fund and evaluated in accordance with the guidelines: 1. Millidgeville P.E.A.K. (Parents Encouraging Active Kids) Project a. Green Space Enhancement b. New Fitness Equipment ANALYSIS The Millidgeville P.E.A.K. Project has requested fiinding to enhance the green space and install new fitness equipment on School District 8 property of the M. Gerald Teed School. This is the fourth request for work in this area. In 1998, the city provided $18,533 from the LPP Trust Fund for the development of a play park. In 2002, the city provided an additional $5,000 to complete phase 2 of the play park. In 2005, the M. Gerald Teed School (Field Improvement Committee) was granted $30,000 through the LPP fund to upgrade the athletic field at the school. The Millidgeville P.E.A.K. Project has two key components that will benefit the community. The green space enhancement component will provide an attractive enhanced natural environment supporting the theme of an outdoor classroom for users of all ages to enjoy. The second component will be the installation of fitness equipment creating a unique fitness circuit to promote physical activity and to supplement existing play strictures. ~r 55 Leisure Services staff expressed concern with poor drainage and the impact to the proposed green space enhancement area. School District 8 is supportive of this project and will undertake to resolve these drainage concerns as raised by Leisure Services staff The total cost of the project is $60,680. The applicant has secured $50,680 through fundraising and other grants; and is requesting $10,000 from the LPP Trust Fund. CITY OF SAINT JOHN COUNCIL PRIORITIES 2008-2012 On September 12 and 13, 2008 members of Saint John Common Council met to develop priorities for 2008-2012. Common Council envisioned revitalized neighbourhoods that are safe, vibrant and attractive. Reinvestment in existing recreational facilities was seen as a priority based on the needs of the community. FINANCIAL IMPLICATIONS The balance in the LPP Trust Fund at the end of August 2008 was approximately $30,000. The application being considered will total $10,000. Should the recommendations be approved the balance of the LPP Trust Fund will be approximately $20,000. RECOMMENDATIONS It is recommended that Common Council, under the existing policy, 1. APPROVE a LPP grant of $10,000 to the Millidgeville P.E.A.K. Project with condition that; a. A certificate is received from the Superintendent of School District 8 stating that the green space area and play equipment at M. Gerald Teed School shall be open for recreational use and the enjoyment of the general public; that a letter be provided to the Commissioner of Leisure Services from the equipment supplier stating the equipment and installation fidly comply with Canadian Safety Association standards; and that School District 8 assumes responsibility for any future maintenance and safety inspections of the area and equipment. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services KW Terrence L. Totten, C.A. City Manager 56 June 2, 2008 His Worship Mayor Ivan Court and Members of Common Council City of Saint John P© Box 1571 Saint John NB E2L 4L1 Your Worship and Members of Common Council, The Millidgeville PEAK (Parents Encouraging Active Kids) Committee was initiated in September of 2006 as an ad hoc committee of the M. Gerald Teed Home and School Association with the goal of addressing the unsettling trend of decreased physical activity amongst youth, and climbing youth obesity rates. After a year and a half of extensive fundraising and research, we are pleased to present a dynamic and innovative plan that addresses our goal of encouraging an active community through the installation of a Green Space Fitness Circuit/Outdoor Classroom and New Fitness Equipment. The project, the first of its kind in School District 8, is to be installed bordering Black Street, adjacent to M. Gerald Teed' School. The Millidgeville PEAK Committee is requesting the support of the City of Saint John through financial assistance provided through the Land for Public Purposes Trust Fund. There are two significant aspects of this project: Green Space Fitness Circuit/Outdoor Classroom An extensive installation of natural elements including over 30 mature evergreen trees, raised berms, cedar balance beams and stepping rounds, and seating area, forms the basis of the green space fitness circuit and outdoor classroom. The graded quarter minus gravel base facilitates ease of access and enhances safety with fewer injuries versus hard surfaces. The project will not only see the 280 students of M. Gerald Teed School interact, but the local community and groups (YMCA, Brownies, Cubs/Scouts, Senior's Groups/Residences) will also be encouraged to utilize the new green space as a destination for outings, camp activities and potential gardening opportunities. (Please see attached design) New Fitness Equipment The installation of additional new equipment will support the fitness theme with the inclusion of a sit-up station, leg-lift challenge, jump touch bar and muscle strengthening pieces such as a whirl and twirl and a corkscrew spinner. The idea is to incorporate a variety of smaller pieces that allows individuals to pursue fitness within their own abilities. Project Benefits As one of the fastest growing areas of Saint John, Millidgeville continues to increase in population, with the impact of dramatic new housing developments diminishing green space. A well-developed community green space/play park has not been established within the region. The Millidgeville PEAK Project looks to introduce this innovative idea as an inclusive and accessible fitness area while positively enhancing the natural environment and contributing to improved air quality. The provision of a green play area has been shown to promote social inclusion of all people with respect to gender, class, race and ability. ("Grounds for Action", national survey, 2005 ayment and Bell). They also facilitate more active, more imaginative and more constructive play, attracting children who are at risk of low physical activity and who are not usually engaged in physical activity on a "typical" playground. Additionally, the absence of dedicated Phys Ed specialists in our local school district (District 8), and the policy requiring closure of playground equipment during the typical 5 months of the winter season, calls for an innovative approach for encouraging physical activity that would appeal to a broader (and older) range of children with year-round accessibility. Establishing an outdoor classroom with seating area encourages exploration and study of the natural world, increased environmental awareness and stewardship. The opportunity for planting and gardening offers interaction amongst community members of all ages. 57 Community Support There has been widespread public support for this project. Since October of 2006, the community has raised over $20,000 for the project, Parent surveys, open discussions and meetings have gauged support and helped to shape the direction of the project. Our MLA, Trevor Holder, staff and administration at M. Gerald Teed School, District 8 representatives, neighbours and local businesses have supported the efforts to date, and are looking forward to the installation of this green space plan, pleased that the project has been initiated to promote community health and fitness. Project Timeline A targeted installation date of September 2008 has been identified, ensuring that students and the community will fully benefit from the new fitness circuit/green space and outdoor classroom prior to the onset of the winter season. Communicating Project Success A Grand Opening Barbecue/Celebration is planned for the Fall of 2008 upon completion of the project whereby Your Worship and Common Council will be invited to attend and be formally thanked for the City's support of the project. Additionally, a permanent sign will be erected denoting the City's partnership. A newsletter will be distributed to all school families and local senior's groups/residences and select businesses in the area featuring contributors. The project will also be profiled on the school website, listing the City of Saint John as a contributor. Request for Funding The Millidgeville PEAK Committee is requesting funds in the amount of $10,000 from the Land for Public Purposes Trust Fund, towards the project total of $60,680.00. Please refer to attached budget of Revenues and Expenses. The Millidgeville PEAK Committee would welcome the opportunity to present this innovative green space design, unique in its approach to support creative physical activity and environmental stewardship opportunities for our community while positively influencing and investing in the natural environment. We would also like to note and thank David O'Toole who has graciously offered his time and guidance to the project. We look forward to hearing from Your Worship and Common Council at your earliest convenience. Sincerely, Cathy Connolly Co-Chair, Millidgeville PEAK Committee 657 3759 Karen Small Co-Chair, Millidgeville PEAK Committee 652 5522 cc Gary Sullivan, Councilor Ward 2 Stephen Chase, Deputy Mayor Dave O'Toole, Department of Leisure Services, City of Saint John Mark Crowley, Principal, M. Gerald Teed School 58 Milllidgeville PEAK Project BUDGET REVENUES PEAK Committee Fundraising $21,180.00 on account (Ad Hoc Committee of M. Gerald Teed Home and School Assoc.) YCAP Application -submitted April 1 "1108 $26,500.00 pending Land for Public Purposes Fund - submitted April 21 51 !08 $10,000.00 pending Saint John Community Foundation $3,000.00 committed TOTAL (POTENTIAL) REVENUE $60,680.00 EXPENSES Green Space Fitness Curicuit/Outdoor Classroom:. (Lowest bid of two professional service providers) Proper Grading/Drainage, Creation of Pathway $12,865.00 Installation of Berms, Topsoil, Seeding $11,600.00 Supply, Installation of Mature Plants $10,900.00 Installation of Cedar Features/Outdoor Seating $8,500.00 Sub Total: $43,865.00 New Fitness Equipment: (Lowest bid of two CSA approved equipment providers) 1 Sit-up Station $610.00 1 Jump Touch Pole $550.00 1 Leg Lift Challenge $585.00 1 Lunar Scooter $1,415.00 1 Corkscrew Spinner $2,315.00 1 Freestanding Whirl and Twirl $2,735.00 Shipping $250.00 Ground Preparation $4,900.00 Installation $2,455.00 Sub Total: $15,815.00 Signage for the Project $1,000.00 TOTAL EXPENSES: $60,680.00 59 THE POWER OF EbUCATION September 24, 2008 Mr. Kevin Watson Recreation Manager, Leisure Services City of Saint John P.. 0. Box 1971 Saint John, N.B. E2L 4L1 To Whom It May Concern: School District 8 - District Education Council 490 Woodward Avenue - Saint John, NB, E21( 51\13 Tel 506.658.53010 - Fax 506.658.5399 - www.district8,nbed,nb,ca RE: Millidgeville P.E.A.K. (Parents Encouraging Active Kids) Project I am writing today to confirm that: e M. Gerald Teed is school property as defined in the Education Act, and that it lies within the territorial limits and under the jurisdiction of School District 8; School District 8 supports the Green Space Enhancement Project at M. Gerald. Teed School. o School District 8 assumes responsibility for any future maintenance; and • the scope of this project will reach beyond the student population and into the community to be used by a cross section of participants, including seniors and community groups.. If you require anything further for your records, please contact me or Mr. Christopher Toole, Director of Finance and Administration. Services at 658-5300. Sincerely, f Susan Tipper, Superintendent lbw Copy: Christopher Toole, Director of Finance & Administrative Services 60 t. M & C 2008-323 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Purchase and Sale Agreement for 105 Union Street BACKGROUND As Council is aware, City staff has been negotiating to acquire a number of properties that are deemed necessary for the "North of Union" project, now lcnoN-,n as Peel Plaza. One remaining property that is required for the City's new Police Station is civic 4105 Union Street, located at the corner of Peel and Union Streets (see attached map). Common Council, at its October 14, 2008 meeting in Committee of the Whole, reviewed and authorized the City Manager to conclude a purchase and sale agreement for the acquisition of civic 4105 Union Street. The agreement is to include a purchase price of $490,000.00 and transfer the property at civic 429 Wellington Row (once acquired) to 640708 NB Inc. (the incorporated company for Christopher Hicks) for $1.00. The recommendation contained in this report Neill facilitate the above noted land transactions. RECOMMENDATION 1. That The City of Saint John purchase 105 Union Street from 640708 NB Inc. in accordance Nth the terms and conditions contained in the Purchase and Sale Agreement attached to this report (M&C # 2008-323). That the Mavor and Common Cleric be authorized to execute the necessary documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development Attachments CL/c Terrance L. Totten, F.C.A. City Manager 61 ti.. 1 Z p 4pY d a g 4 3 a w m m ~m ap w '°.s~^ d a o w 1; t ~h,1 pgfn xfxf t►aAa A4T Y w~ 67 .B. _x d iett 1 4 16 aY x ~>4~ N ~ v 1 ~ w w l 90 N 65 A ' w .4 W $ m m ° aa11g3oq 63 °59 as 1gsa ~ 46 400" aaq .p Z6 76 aag3gh2 qq A.. UgS.T q 30 g gaaglag 6 66 36 aaaag13a3 r. 36 m oqp 23 .54 3 a11ga3 qg a aa3ggq J 50 w 32 qa~q" aaq ~ as agta x" a µ " x lest a003 3 qaa 20 p.. 30 a041% 041%W 2 lest g a 20 w o 0 14 3aga3 gga RR xxanaa 1s~xq# aap3vagl T5 ga xx 12 0 m 16 aan3. 9 43'043 23 0031'05 a qa°31 aa4 a gga,3a qa 10 a 3 21 gaa3l71'a aagalaga ,«.+6 2 g 4 ✓ 1 w3 ! aq aggak 3g16 p aap a , a t i 3 0 a@ aaaax1 Is T 0 roga3~3y5 ,13 ex N xp, pa. 6319 y '504 ..r^ 12 w w cpar w 6 a 154 165 1501" 15& 6 pa w x a 111 ?1'I 11 Q ~1 144 a ao a` w a 4° 130 pp, xp .x a ~ g „ w ax 1 96 05 x 120 6 ""343" °p a3~zao 104 150 Y OO. ~ . g '34% « T _ 6& aaa3laag a 0'3 ,g3ga AGREEMENT OF PURCHASE AND SALE In consideration of the sum of $5.00 paid by each party to the other, the provisions set forth in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby respectively acknowledged), the parties hereto covenant and agree as herein set forth: Provided that THE CITY OF SAINT JOHN (hereinafter called the "Purchaser") has acquired title to the freehold lands and premises situate 29 Wellington Row, Saint John, New Brunswick, PID #37820 (hereinafter the Purchaser's Lands) on or before December 1, 2008, the Purchaser hereby offers to purchase from 640708 N.B. Inc. (hereinafter the Vendor) and the Vendor hereby offers to sell lands and premises situate 105 Union Street, Saint John, New Brunswick, PID 937374 (hereinafter the Vendor's Lands) for the sum of Four Hundred and Ninety Thousand ($490,000.00) Dollars and the Purchaser's Lands in the following manner and upon the following terms and conditions: 1. The sum of Forty Nine Thousand ($49,000.00) Dollars on December 1, 2008 to the Vendor to be held by the Vendor's solicitor pending completion or other termination of this Agreement and the sum of Four Hundred Forty One Thousand ($441,000.00) Dollars subject to normal adjustments together with a registerable Transfer for the Purchaser's Lands on Closing. 2. The Purchaser's solicitor is hereby appointed the agent of the Vendor for the purpose of registering title to the Vendor's Lands under the Lands Titles Act. The Purchaser's solicitor shall, at the Purchaser's expense, apply for the required PID Databank Approval, certify title to the Vendor's Lands for the purposes of registration under the Lands Titles Act and register title under the Lands Titles Act. The Vendor shall forward to the Purchaser's solicitor an executed Affidavit of Application (Form 2) forthwith upon receipt of an executed Application for First Registration. 3. The date of Closing ("Closing Date") shall be on or before the 5`t' of December, 2008 and shall take place at the offices of the Vendor's solicitor or at such other place as may be mutually agreed. 4. The Purchaser shall have good and marketable title to the Purchaser's Lands free and clear of all encumbrances. The Vendor shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except as are in possession of the Purchaser. Up until the Closing Date, the Vendor may examine the title to the Purchaser's Lands at its own expense. If within that time any valid objection to title is made in writing by the Vendor to the Purchaser which the Purchaser shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Vendor will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Purchaser shall not be liable for any of the Vendor's costs or damages. Save as to any valid objection so made within such time the Vendor shall be conclusively deemed to have accepted the title of the Purchaser to the Purchaser's Lands. 63 Agreement of Purchase and Sale Pace 2 5. The Vendor shall have good and marketable title to the Vendor's Lands free and clear of all encumbrances. The Purchaser shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in possession of the Vendor. Up until the Closing Date the Purchaser may examine the title to the Vendor's Lands at its own expense. If within that time any valid objection to title is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any of the Purchaser's costs or damages. Such as to any valid objection so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Vendor's Lands. 6. On March 15, 2009 the Vendor shall deliver vacant possession of the Vendor's Lands to the Purchaser and on closing the Purchaser shall deliver vacant possession of the Purchaser's Lands to the Vendor until such time as the Vendor delivers vacant possession of the Vendor's Lands to the Purchaser the Vendor shall have the right to remove from the Vendor's Lands such materials as the Vendor may require to renovate the Purchaser's Lands to accommodate the Vendor's business. From the closing up to and including March 15, 2009 the Vendor shall occupy the Vendor's Lands as a mere licensee. The Vendor shall be responsible for the cost of all utilities, the cost of all day to day maintenance and repairs, and the Purchaser shall have no responsibility or obligation to maintain or repair the Vendor's Lands or ensure that the Vendor's Lands are fit for the use made thereof by the Vendor. The Vendor shall maintain a policy of commercial generality liability insurance coverage on "an occurrence" basis and containing a cross liability clause and shall deliver to the Purchaser a certificate of such insurance naming the Purchaser as an additional insured, and which policy must: i. have an inclusive limit of not less than Two Million (52,000,000.00) Dollars; ii. remain in full force and effect during the entire period during which the Vendor remains in occupation of the Vendor's Lands; iii. provide commercial liability, property damage and environmental liability and damage insurance coverage with respect to the Vendors occupation of the Vendor's Lands; and iv. not be amended, cancelled or allowed to lapse while the Vendor is in possession of the Vendor's Lands. Neither the Vendor nor his employees, agents, workmen, contractors, invitees, trespassers or any other person shall have any claim against the Purchaser for injury, loss of life or damage to or loss/destruction of property while on the Vendor's Lands for any purpose, lawful or otherwise. The Vendor for himself, his heirs and assigns, shall indemnify and save harmless the Purchaser from all loss, damage or injury, of any nature, kind or description whatsoever and in respect of property owned by others and in respect of damage sustained by others, however caused and from all damages, claims, demands, actions, suits, or other proceedings by whomsoever made, brought or prosecuted in any manner, based upon or 64 Agreement of Purchase and Sale Page 3 arising out of or connected with the Vendors occupation of the Vendor's Lands. The clause shall survive the Closing. 7. Property Taxes, water and sewer levy and all other adjustments shall be adjusted, apportioned and allowed as of the Closing Date. 8. Harmonized Sales Tax ("HST") payable in respect of this transaction shall be self assessed and remitted in accordance with the Excise Tax Act (Canada) (the "Act"). 9. All buildings and equipment forming part of the Vendor's property, but excluding such equipment that is the property of the Vendor's tenant, that is to be transferred upon the Closing Date, shall be and remain at the risk of the Vendor until the Closing Date, the Vendor shall hold all insurance policies and the proceeds thereof in trust for the parties as their respective interests may appear and in the event of damage to the said premises, the Purchaser shall have the proceeds of the insurance and complete the purchase on the Closing Date. 10. Upon acquisition of the Purchaser's Lands, all buildings and equipment forming part of the Purchaser's Lands, but excluding such equipment that is the property of the Purchaser's tenant, that is to be transferred upon the Closing Date, shall be and remain at the risk of the Purchaser until Closing, the Purchaser shall hold all insurance policies and the proceeds thereof in trust for the parties as their respective interests may appear and in the event of damage to the said premises, the Vendor shall have the proceeds of the insurance of the insurance and complete the purchase on the Closing Date; provided however, should the Purchaser's Land prior to acquisition by the Purchaser be destroyed or suffer substantial damage, the Purchaser shall on the Closing Date pay to the Vendor an amount equal to the diminution in value resulting from such destruction or damage; the diminution in value to be determined by Destecher Appraisals Limited. Conditions Precedent: The Vendor's Conditions The Vendor shall not alter, change, amend or improve the eastern facing fagade of the building on the Purchaser's Lands without the prior written consent of the City Manager of the City of Saint John; this condition shall be a restrictive covenant in the Transfer from the Purchaser to the Vendor and shall survive the Closing. The Vendor prior to closing shall make application to and obtain from the Planning Advisory Committee such variances and amendments as may be required to permit the . Purchaser to conduct a day care upon the Purchaser's Lands. The Purchaser's Conditions The Purchaser shall; on or before December 1, 2008, take title to the Purchaser's Lands. General 10. Any tender of documents or money hereunder may be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 65 Agreement of Purchase and Sale Page 4 11. All public notices to third parties and all other publicity concerning the transaction contemplated by this Agreement shall be jointly and coordinated by the parties hereto and no party shall act unilaterally in this regard without the prior approval of the other parties hereto, such approval not to be unreasonably withheld. 12. Other than as provided for herein, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such expenses. 13. Time shall be of the essence hereof. 14. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter in this section called a "notice") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other form of recorded communication tested prior to transmission to such party: a. In the case of a notice to the Vendor at: Timothy M. Hopkins Gorman Nason 121 Germain Street P. O. Box 7286 Saint John, NB E2L 4S6 Facsimile Number: 506-634-8685 b. In the case of a notice to the Purchaser at: Lynda D. Farrell 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Facsimile Number: 506-649-7939 or at such other address as the party to whom such notice is to be given shall have last notified the party giving the same in the manner provided in this section. Any notice delivered to the party to whom it is addressed as hereinbefore provided shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the third business day following the date of its mailing. Any notice transmitted by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 15. Neither this Agreement nor any rights or obligations hereunder shall be assignable by any party hereto without the prior written consent of the other party hereto. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and successors and permitted assigns. 16. The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transactions contemplated hereby, and each party shall provide such further documents or instruments required by any other party as may be reasonable necessary or desirable to effect the purpose of this Agreement and carry out its provisions, whether before or after the Closing Date. 66 Agreement of Purchase and Sale Page 5 17. If any covenant or provisions of this Agreement is prohibited in whole or in party, such covenant or provision shall, be ineffective to the extent of such prohibition without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from this Agreement to the extent of such prohibition. 18. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. 19. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto. 20. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date hereinabove first appearing. SIGNED, SEALED & DELIVERED) Witness ) ) ) 640708 N.B. INC. Per: Christopher F. Hicks, President THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: October , 2008. 67 ftr,PORT TO COMMON COUNCIL rib M & C 2008-324 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT. Easement Acquisition for a Portion of 125 Germain Street BACKGROUND City of Saint Jahn On September 15, 2008 Common Council considered and adopted a report from Municipal Operations (M&C 2008-278) regarding the City's need to replace a failing retaining wall on City land, located at the northeast corner of Princess and Canterbury Streets. In order to reconstruct this retaining wall, an easement is necessary from an adjoining property at 125 Germain Street. Real Estate Services have negotiated an easement agreement with the owners of the aforementioned property. The recommendation contained in this report and the attached document detail the particulars of the agreement. The recommendation contained in this report will facilitate the above noted land transactions. RECOMMENDATION 1. That The City of Saint John acquire an easement at 125 Germain Street from The Union Club Company in accordance with the terms and conditions contained in the attached document to this report (M&C # 2008-324). 2. That as part of the above noted document, The City of Saint John shall: a. Pay for any plan of survey required to facilitate the easement agreement; b. Reimburse the grantor its legal costs to a maximum of $500.00 and the City shall also pay for any registration or administration fees associated with this easement document; and c. Provide three (3) parking spaces for employees/members of the Union Club as mutually agreed to, during the construction of the City's retaining wall or work associated with the installation of any public utilities within the City's easement. 68 3. That Common Council assent to any municipal services easement and public utility easement{s} required for the property at 125 Germain Street. 4. That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development Terrance L. Totten, F.C.A. City Manager Attachments CLJc 69 ° 65 67 73 S~. 53 tie y,:% VV 53 99 n 17 7532 S6x41tY3 42 55 41 °q4t°q1a Ora"" s 4a°i°a r7 72 aa.1 76 82 86 90 94 a s °14.0 V 95 1nt 1 0 105 72 10 p1 10 11" 0 ° 115 f~f 11 1a 135 13 nParz 14 Osik 111! 1 107 ' to 1 ° _ 94 11x 89 a 100 105 ~ 149 TS -Al 1048 so 5z°+96 9° x° 9n 53 069 ° : 1.. 2 ,1 .os%, 04 76 i6 1106 ilo a 5116. r p44 153 tY 08 60 0 11 °"11 10 li2 3 14 in so °as a 41 2 116 4°q1 8 w1 »w M !5 157 59 Mir 1546303010. lpnias A 1 7 lie "'S6 161 $6. iM 1h1 171 i4 gi14" w is 124 173 1 a0.1" 60 11141 gpai°4"8 1 5i (P 179 e4°i°ly4 154 165 165 170 q 11" r ° Description of Plan: Easement Acquisition for the purpose of replacing a City retaining wall. N PID: 1Dg34 Address: Civic #123-125 Germain Street Pan: JA Date: October 214, 2008 70 Land Ti Parcel Identifier of Parcel Burdened by Easement: Parcel Identifier of Parcel Benefiting From Easement: Form 14 EASEMENT flesAct, S.N.B.1981, c.L-1.1, s. 24 10934 89'79 Grantor of Easement: The Union Club Company 125 Germain Street Saint John, NB E2L 4S4 Grantee of Easement: The City of Saint John 8e' Floor, City Halt Building 15 Market Square P,O. Box 1971 Saint John, NB E2L 4L1 Description of Easement, Schedule "A" and Schedule "A-1" Purposes of Easement: Schedule "C" Diagram of Easement: Schedule "B" The grantor grants to the grantee the described easement over or in the specified parcel for the specified purposes, Date: )2008, THE UNION CLUB COMPANY Per, Witness And: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: October 20W 71 SCHEDULE "A" All that certain portion of lands owned by (The) Union Club Company situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick being a strip of land 15 meters wide along the western or rear line of the Grantor's lands designated "2.5 m. wide easement in favour of the City of Saint John" on a survey plan titled "Survey Plan Showing Easement and Temporary Work Area situate 125 Germain Street South, City of Saint John, County of Saint John, Province of New Bnmswick', dated October 22, 2008 surveyed by Andrew K. Toole, N.B.L.S. and attached hereto as Schedule "13", SCHEDULE "A-V All that certain portion of lands owned by (The) Union Club Company situate lying and being in the. City of Saint John in the County of Saint John and Province of New Brunswick being designated "Temporary Work Area 155 m2" on a survey plan titled "Survey Plan Showing Easement and Temporary Work Area situate 125 Germain Street South, City of Saint John, County of Saint John, Province of New Brunswick", dated October 22, 2008 surveyed by Andrew K. Toole, N.B.L.S. and attached hereto as Schedule "B„ 72 c5elli-Dalz- ",e v w ~ Y • r • 11 a~ i 1 T t r ~•+sx , ow 1 A fl ~ 1 P Y . f ( 1 ( i ' P PRIAM Ahi., $ R~~"R PRINCESS STRMT z R w q X, Xf+ !oil j(D N 1" ~ 1~ ~f1~ ai t3t~~ at8 Hil 12! MIN 6~d,~ .g aa9a~; ~ t-t~, •ai,2xas~ 73 SCHEDULE "C" An easement and rights at the cost, risk and expense of the Grantee by its officers, servants, agents, contractors and workers to enter the lands described in Schedule "A" with machinery, vehicles and equipment and to construct, alter, maintain, inspect and repair a footing course for a retaining wall, said retaining; wall to be entirely situate upon, the lands of the Grantee including all related work appurtenant thereto, promptly restoring as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Grantor, its successors and assigns for erecting or locating upon the lands described in Schedule "A" any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle, save and except the erection or location-thereon of a transformer for a public utility. And further until December 31, 2009 but not thereafter an easement and its rights at the cost, risk and expense of the Grantee by its officers, servants, agents, contractors and workers to enter upon the lands described in Schedule "A-1" with machinery, vehicles and equipment to construct the aforesaid footing course for the aforesaid retaining wall, including all related work appurtenant thereto and upon completion of the construction of the said footing course and retaining wall restoring that portion of the lands of the Grantor lying between the rear of the building, and the rear or westerly sideline thereof with grading and an asphalt surface; it being agreed between the Grantor and Grantee that the Grantor shall provide the Grantee with three (3) parking spaces until December 31, 2008, and further that the Grantor will in connection with the planned reconstruction of Princess Street replace an existing 1.0 meter long retaining wall located in the southwest comer of the Grantor's lands adjoining Princess Street. 74 i O O ~ gi air O 'r r 67 l ( l; 2 I "qo I" ! 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O C~ FD U O O U ti M co N ti co ti ti 00 lr~ O J E O U O O L.L O y~il m r- 9 P* -4110 V r- 0 C~ V W _rZ W U) L L O H O O U ~ O U) C: Zi O m C6 r~ O V / > O O a U C6 ~ U) O U ~ . O ~ r _ Z O ~ _rZ ~ ~ V O Q n~ C6 W om L- a Wn, O -0 E (m Ca O C6 c;) E O .0) C6 O > O . 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Rdsolution actuelle A Daze of Resolution to be Anacrsded / Date de la rdsoludon a modifier jimp 2,q 19M Location /Emplacement 26 Kiwanis Court:, Saint John, 1116 PID's 55186191, 445684 and 55186183 Civic No. /No de voirie : • Street / Rue FID I NIP Applicant's Intcrest in Property/ ktdr8t de denmMeurs daa la propirid pa ,,Y.r,xLgk-r - What is your Proposal? / En quoi consiste vorre proposition? Note: Provide a fully dimensional drawing or plan which illustrates yotir proposal. (Describe proposal in detail) Now Fournier un plan ou un dessin entd&rerunt cotd illusumt votre proposition. (Ddcrire la proposition en ddtaU) A See. schedule "A" Al ® A fee of $300.00 is enclosed in the form of a ch or Money Order payable to the Ciy of Saint John. Cf joint des frais de 300 S sous forme do u de libelld A Poidre de. a City of Saint Tohn, Signature of Applicant / Signature du demandeur Date dy ~.pI4 ~ Signature of the owner must be included. / Lasignatureidue propriatake doit a ' lose ' Vv" Signature of Owner (if applicable) I signature du propridtaire it y a lien) &All Da • l 93 SCHEDULE "A" - The applicant intends to use the building on the premises for an administrative office for a labour union local, namely, local 502 of the International Brotherhood of Electrical Workers, as well as a vocational training school for members of the said local 502 and other persons in the electrical trade. The training school would consist of electrican members of the union, and other persons in the electrical trade, attending the premises to be instructed on theory of the electrical trade, particularly upgrades to their existing education. There would also be practical training with equipment and materials on the premises. Welding activities related to the electrical trade would be included and measures would be taken to control smoke and exhaust emissions. In the event that there was surplus space, the applicant would also consider leasing out administrative office space to tenants. No major structural changes to the building are anticipated as the existing building essentially is ready for the applicant's intended use. - Parking space is currently available on site. 94 9 I.A V:'V1?RS Gorman Nason G. Patrick Gorman. Q.C Lynn A. Nason, Q.C. Ralph D. Poley Frank P. Hamm Patrick Foran, Planning Officer CITY F SAINT JOHN Planning & Development 15 Market Square Saint John, September 22, 2008 Frederick A. Welsford Dear Mr. Oran: John J. MacGillivrav John M. McNair Re: Application by Local Union 502 International Brotherhood of Electrical Timothy M. Hopkins Workers Building Corporation for Amendment to Section 39 Resolution Property Address - 26 Kiwanis Court Caroline J. Higgins Peter H. MacPhail Enclosed please find the application of Local Union 502 International Brotherhood of Electrical Workers Building Corporation, together with its cheque in the amount of $300.00. The application has been signed by Carl Randell on behalf of the applicant, and Henry J. Marquis, Q.C. b Mr. Gary Faloon Ig3o -tool Y , Q•C., on behalf of the current owner. Yours very tru.ully, 121 Germain Street GO I'~~ ,AA1",I I"°4AS0I',I P Box 7286 Station A O 'LS . , . Saint John, New Brunswick M. lopkins Canada E21- 4S6 TMH/sp Encl. Telephone: (506) 634-8600 Facsimile: (506) 634-8685 w: (506) 634-8686 WW%V.G0R8IANNAS0N.C0n1 95 d0WXa0a/18/2C08 14:27 51 ■Elem ` VR 1 PLANNING AND DEVELOP PAGE 01/01 Cm motion Of Councillor Denton Seconded by' Council T t.3 !.</•~yS 7ESOLVED that the ky-la e m%i ie_d, ''t Law to kmeDd he ill icipa? ?lan 3r-iati: of the City of Saint John and AmeAmenza Thertza", b amending Sabeduie 2-A, the Future Land Use Flat %o recl8ssi-y prop rr locatel am 25 K `s wr. M.R.I.S. Number 4456B4), from Low Dens_Ty Residential to r`,eStnic.ed i"a7C1;:Lvie-, be read F. third time and enacted and the Coroorme Common Seal affi xed tbereTo. The by-law entitled, ",A Law to Amend the huAicipal Plan By-Law of the C_tp of Sala John and Amendments Thereto", was read in its entirety prior to adoprion of the above resolution. On motion of Councillor Way= Seoonded by Councillor Green R SOLVED that the by-law entitled, "A La:: to mend the Loafing By-Law of the City of Saint John and Amendments Alreto", insof'er as it concerns amending Schedule "A" of the' Zoning Map of the 'City of Saint jobn, by re-zoning property located at 26 Kiwanis Court (L.R.I.S. Number 445684), from 01-1" Multiple Residential to "IM Restricted Industrial district; be read a third time and enacted and the Gorpo';ate Common Seal affixed thereto: AND FURTHER that in accordance wAb Section 39 A the Community Planning Act, the re-zoning be on the fojjowing conditions:: (a) the uses of the property shall be r. estxicted to those uses directed by The Saint John Centre for 5evOces to Handicapped inc.; and (b) the building, parking, landscanino and other site plan featuxes shall be as A= on the plans filed vi th the Cormnon ClA . ti It VSp1.y to a query of Councillor MacCallum, Hr_ Ninch advised that the above re-zoning is required as the land is presently not zoned for such use_ The by-law entitled, "A Law to Amend the Zoning By-Lair of the City of Saint Johim and Amendments Thereto", was read in its entirety prior to adoption of the above resolution runt> LPJ DATE 96 PROPOSED SECTION 39 AMENDMENT RE: 26 KIWANIS COURT 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, October 27, 2008 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the July 21, 1980 rezoning of the property located at 26 Kiwanis Court, also identified as PID Number 00445684, to permit a revised proposal. REASON FOR CHANGE: To permit the establishment of business offices and training facilities of a trade union within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8.30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET : 26, COUR KIWANIS Par les pr6sentes, 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 r6union ordinaire qui se tiendra dans la Salle du conseil le lundi 27 octobre 2008 # 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de Particle 39, le 21 juillet 1980, relativement au rezonage de ]a propri6t6 situ6e au 26, cour Kiwanis et portant le NID 00445684, pour permettre ]a pr6sentation dune proposition r6vis6e. RAISON DE LA MODIFICATION : Permettre l'am6nagement des bureaux d'affaires et les installations de formation d'un syndicat A l'int6rieur du batiment existant. Toute personne int6ressde peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N.-B,, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit A I'attention du soussign6 A Yh6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 97 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: Elizabeth Gormley Phone: (506) 6582862 Fax: (506 674-4214 Special Instructions (if any): Reference: 26 Kiwanis Court S39 - Oct 27-08 Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, September 30, 2008 and Tuesday, October 21, 2008 SJTJ Independent Placement Date(s): SJTJ Classifieds Pate(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: Elizabeth Gormley, Common Clerk/Greffiere communal Contact: Telephone: (506) 658-2862 98 October 22, 2008 Your Worship and Councillors: SUBJECT: Section 39 Amendment Application - 26 Kiwanis Court On September 29, 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 October 21, 2008 meeting. Mr. Marls Trecartin appeared to speak in support of the application and indicated that he was in agreement with the staff recommendation as set out in the attached report. Mr. Trecartin indicated that Local 502 was investing in the building to upgrade it and would be a respectfid neighbour. He also indicated that although he felt the existing designated parking was sufficient for their proposed use, there was ample room on the site for additional parking to be developed if necessary. Mr. Bob Hutt appeared to speak on behalf of his mother, Ms. Vera Hutt, and some of the neighbours on Kiwanis Court. Mr. Hutt indicated that he felt the proposed use of the building by the IBEW was appropriate, but was concerned about the potential for staff and union members to park on the street. The attached letter was also received from Ms. Vera Hutt. Ms. Shannon, 16 Kiwanis Court, appeared and indicated a similar concern regarding the potential for on-street parking. Mr. Trecartin reiterated that the subject site was of sufficient size to add more parking spaces if the need arose and stated that on-street parking by the staff or union members would not be permitted. After considering the attached report and presentations, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the subject site at 26 Kiwanis Court in 1980 to allow for a vocational training centre and business office uses. Respectfidly submitted, Stephen Horgan Chairman 99 DATE: OCTOBER 17, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 21, 2008 f Holly cMackin Planner, Dillon Consulting SUBJECT: Name of Applicant: Local Union 502 International Brotherhood of Electrical Workers Name of Owner: Saint John Centre for Services to the Handicapped Incorporated (Key Industries) Location: 26 Kiwanis Court PID: 55186191,445684, 55186183 Municipal Plan: Restricted Industrial Zoning: "I-R" Restricted Industrial Proposal: To operate the business offices and training facilities of an electrical trade union within the existing building. Type of Application: Section 39 Amendment to permit the proposed use and a Variance to permit a parking area within the required front yard. 100 Section 39 Amendment Page 2 26 Kiwams Court October 17, 2008 JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, October 27, 2008 at 7:00 p.m. 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 recommend to Common Council to amend the Section 39 conditions imposed on the subject site at 26 Kiwanis Court in 1980, to allow for a vocational training centre and business office uses. BACKGROUND: In 1973 Common Council conveyed the land at 26 Kiwanis Court to the Saint John Centre for Services to the Handicapped Inc. On June 23, 1980 Common Council amended the Municipal Development Plan by re-designating the property located at 26 Kiwanis Court from Low Density Residential to Restricted Industrial. Common Council also rezoned the subject property from "RM-1" Multiple Residential to "I-R" Restricted Industrial to allow for an expansion of the Kiwanis Centre, operated by Saint John Centre for Services to the Handicapped Inc. The following Section 39 conditions were imposed on the property: a) The use of the property shall be restricted to those uses directed by the Saint John Centre for Services to the Handicapped Inc.; and b) The building, parking, landscaping, and other site features shall be shown on the plans filed with the Common Clerk. In May of 2007 the Centre acquired two small parcels of land to legalize the existing encroachment of its driveways onto adjacent residential properties. 101 Section 39 Amendment 26 Kiwanis Court Page 3 October 17, 2008 INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed Section 39 Amendment. Building and Technical Services has the following comments on this proposal: - Complete dimensional floor plans will be required for the permitting process; and - Details of access, exits and fire separations are particularly important. Fire Department has been notified of this proposal: - Please ensure that all constriction or renovation plans are submitted to the Dept ofPublic Safety, Technical Inspections Division. The completion of these plans will determine the actual fire and building code requirements; however some of the areas of consideration will include (but not limited to) the following: o The National Building code classification (pending plans review) will most likely require that the sprinkler system within the building is sustained. o A Fire Alarm system will be required for the facility. o Emergency and exit lights to support the plan design. o Proper fire separation between the vocational instruction area and administration areas. o Hot works within the vocational area (welding, etc) shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. o The National Fire Code will require that Fire Extinguishers are located throughout. o The National Fire Code requires that a Fire Safety Plan is on site. o The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The Propane Storage and Handling Code. o Vending machines throughout the facility must be placed away from the main egress paths, per the Fire Marshal's direction. The Saint John Fire Department's acceptance of the above application is conditional on all code requirements being satisfied. ANALYSIS: Site and Neighbourhood The subject property is located at the end of a cul-de-sac off Thornbrough Street in the City's North End (Figure 1). Properties on Kiwanis Court are primarily one-storey single family homes. A one-storey brick building (50 metres long and 1,000 square metres in area) sits on a large lot of over 13,700 square metres (3.4 acres) in area. This building is currently used by the Saint John Centre for Services to the Handicapped Incorporated (Key Industries) for vocational training and light manufacturing, producing promotional and wooden products. The building takes up a small portion of the lot and is set back nearly 20 metres from the front property line (Figure 2). A 20- 102 Section 39 Amendment Page 4 26 Kiwanis Court October 17, 2008 space parking lot with a landscaped area sits in front of the building and is accessed by two one- way driveways. A total of approximately 8 to 10 additional unmarked parking spaces are available on either side of the building. The applicant intends to remove a portable trailer that is currently located next to the main building on the east side of the property. Proposal The applicant intends to use the main building on the premises as an administrative office for a local labour union (Local 502 of the International Brotherhood of Electrical Workers) as well as a vocational training school for its members and other persons in the electrical trade. Training school activities would consist of union members and other electrical trades-people attending the premises for instruction on electrical trade theory, with a particular focus on the upgrade of existing education. Practical training with equipment and materials, such as welding related to the electrical trades, may also be provided on site. The applicant has indicated that if welding is being done on site, proper measures would be taken to control smoke and exhaust emissions using the same system as at the New Brunswick Community College. No major changes are proposed to the exterior of the building. The applicant is considering leasing any excess space as administrative office space to tenants. The applicant has indicated that classes will take place in the evening and will generally be small, involving hands-on instruction with groups of up to 10 people. Evening classes are necessary given that the training focus is on skills upgrading and most attendees will be working throughout the day. The applicant has also indicated that although more than one class may take place at the same time, classes will be offered on a semi-regular basis and several weeks may pass between classes. Municipal Plan and Zoning By-law The Municipal Plan encourages industrial development in designated industrial areas in order to maintain a supply of appropriate land for industrial uses and to mitigate industrial impacts on other land uses. Restricted Industrial areas are intended for non-obnoxious and non-offensive industrial uses that can exist in close proximity to residential developments. Many Restricted Industrial areas in Saint John have been re-designated as Business Parks, which allow for the same type of light industrial and related uses as Restricted Industrial zones. Offices and training facilities are permitted uses within areas designated Restricted Industrial. The proposed uses are neither obnoxious nor offensive to the neighbouring residential properties. The applicant has indicated their classes and training are clean and quiet and will have no land use impacts outside the building. The proposed administrative office use will be small in scale and will generally require between 8 and 12 workers to be on-site. Class sizes will generally be small and take place only in the evenings. Staff do not expect this proposal to create any impacts greater than the existing use, Key Industries, which has used the site for over 30 years for vocational training and light manufacturing. 103 Section 39 Amendment 26 Kiwams Court Page 5 October 17, 2008 Offices and training facilities are permitted uses in the "I-R" Restricted Industrial zone. The proposed use meets all requirements of the "I-R" Restricted Industrial zone. The building and parking area are longstanding strictures, which do not adversely affect neighbouring properties. Additionally, a large triangular lawn sits on the public right-of-way in front of the parking area, between the two driveways (Figure 3). As this lawn is not part of the subject property it is not considered as landscaped front yard; however, it does provide the same visual effect. PIDs 55186191 and 55186183 were acquired to legalize Key Industries' encroachment onto neighbouring residential properties (Figure 2). These parcels have not been rezoned "I-R" Industrial Reserve; this rezoning will need to take place at a later date. The Section 39 amendment under consideration only applies to the Centre's main parcel, PID 445684, and is not affected by the status of the two smaller parcels. Parking It is important to ensure the subject property has adequate parking to avoid potential spill-over of parking onto Kiwanis Court. The subject property has 20 marked parking spaces in the front parking lot (Figure 4) and between 8 and 10 unmarked spaces next to the building. Parking standards for both office uses (one space per 57 square metres of gross floor area) and post secondary education uses (two spaces per 3 employees plus 1 space per 20 classroom seats) uses apply to this proposal. At this time, the applicant has not yet finalized plans for the interior layout of the 1,000 square metre building to determine exactly how much parking is required for each use however; staff have evaluated parking requirements based on a `highest demand' scenario. If the entire building were used for an office use, a minimum of 18 parking spaces would be required. If, as a hypothetical maximum, three classes of 10 students each were held at the same time, the minimum parking requirement for a post secondary use as per the zoning bylaw would be an additional 4 spaces. This would bring the total parking requirement for the building - as required by the Zoning By-law - to 22 spaces, which is easily satisfied by the 28 to 30 parking spaces currently available on-site. As indicated by the applicant, the office and training uses will be in operation at separate times; office uses will take place during regular business hours with 8 to 12 staff on-site and the training use will take place in the evenings with relatively small class sizes and rarely more than two classes at the same time. Given that there will rarely, if ever, be an overlap of the two uses, staff believe the 28 to 30 parking spaces available onsite will be a sufficient amount of parking to meet the projected parking demands and prevent spill-off of parking onto Kiwanis Court. 104 Section 39 Amendment 26 Kiwanis Court Page 6 October 17, 2008 CONCLUSION: The proposed use is a permitted use in both the Restricted Industrial designation and the "I-R" zone. A vocational school and administrative offices meet the requirements of the By-law and are not expected to adversely affect neighbouring residential properties; therefore the proposed Section 39 Amendment can be supported. DILLON Project No. 08-455 105 Section 39 Amendment 26 Kiwams Court Page 7 October 17, 2008 PLANNING AND DEVELOPME=NT'IURBANI ME ET D~VELOPPEMENT -R - 3 r.: {:'i f { ~k P r.'}•.' ..a 'S -113 lye VT 9•;~! • i~,~r k .1~. }f ~,k ~.'~~r,• ,'<f ~ ~ Yom{ 1L - 1 L I uhjec* iteisite n question; Location. Z6 L;uur Kiwanis Court D me: October 6, 2008 s I. I'lu(S)INIP{s}, 004-45684 x• ca.ielbcheIIe: Not to scale/Pas McheIIe Figure 1. 26 Kiwanis Court location. 106 Section 39 Amendment 26 Kiwams Court Page 8 October 17, 2008 Ids Vx~may)iti 0,utLr- t Figure 2. 26 Kiwanis Court site plan showing the three parcels which constitute the lot. 107 Section 39 Amendment 26 Kiwams Court Page 9 October 17, 2008 tti: 3L w ~ ' tel. m±~. r o ~4 ~ ° '7 ~ .fir Fitfure 3. hIvv~IIII-,( o IIt Iv Figure 4. The front parking lot at 26 Kiv, anti C ourt. ri°t Y y< 108 Section 39 Amendment Page 7 26 Kiwanis Court October 17, 2008 PLANNING AND DEVELOPMENT/URBANISME :ET DEVELOPPEMENT o' R M- I RS- 2 i - dp a, s _ , 011 : a R .I G Y r S>`~~ Pd _ R M- 1 Yy I L - 1 - r US ° M- 1 P ID(s)/NIP(s): 00445684 Subject Site/site en question: Location: 26 tour Kiwanis Court Date: October 6, 2008 Scalel6chelle: Not to scale/Pas 21 1'6chelle Figure 1, 26 Kiwanis Court location. 109 Section 39 Amendment Page 8 26 Kiwanis Court October 17, 2008 2G V-iwa s Cepit t a%-O"n ~?y vl~nx-riirtc{ staf -TMr 1 1r1t0YYY't0.-}' j1~ O~. 0.erlla1 06 { ; 1 ,000 Figure 2. 26 Kiwanis Court site plan showing the three parcels which constitute the lot. 110 Section 39 Amendment 26 Kiwanis Court 111 Page 9 October 17, 2008 Figure 4. The front parking lot at 26 Kiwanis Court. rrvf J fa- 44f 112 IA- x 41 113 Application for a Zoning By-law Amendment Demande de modification A l'arrete Sur le zonage Applicant Related Information / Renseignements sur le demandeur n Name of Applicant / Nom du demandeur Z Qom/ G Mailing Address of applicant / Add're))sse postale du demandeur IMP I p Postal Code / Code postal e 3,6 I& Telephone Number / Numbro de t6l6phone 636 - 5~/Zn - 0 ~J ~ cad Home / Domicile VA rtt / Travail V V7' 7? 1~7 Fax Number / Numdro de telecopieur Name of Property Owner (if different) / Nom du proprietaire (si different) Address / Adresse Postal Code I Code postal Property Information / Renseignements sur la propriete b b Lo 7 Po v4, b i~~ aF L ~ t Location/ Emplacement fa ~ /,IV i ~'Er ~/UCO o~ ~S & j r J~ Civic / No de voirie Street / Rue PID / NIP Lot Area/ Superficie du lot 'S Cdt 5 Street Frontage/ Fagade sur rue !~12 y . 7 Existing Use of Property / Utilisation actuelle de la propri&6 /G /~lG c Geri f Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demand6e Present Zoning / Zonage actuel Change Zoning to / Modification du zonage a (~z~'7,77TH f I and/or / ou u Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 114 Development Proposal / Proposition d'amenagement Description of Proposal / Description de [a proposition You must provide a scaled site plan that illustrates Vous devez fournir un plan du site d Vichelle illustrant votre 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. proposition. Vous pouvez igalement foumir des photographies, des plans de bdtiment, des dessins de plan d'elivation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriiti, Vemplacement de la totaliti des bztiments, des allies, des wires de stationnement, des amdnagements paysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de la propriiti et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuvees. Provide any other information about your proposal that would be helpful. / Foutnir tout autre renseignement concemmt votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur I $400 Application Fee Enclosed / Ci joint les frail de demande de 400 $ If you are not the oxmer of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. - COUP ;Ell Si vows a'ites pas le propriitaire du terrain en question, veuillez obtenir la signature du propridtaire dans la partie ci-dessous. La signature du propridtaire autorisant le traitement de la prisente demande pour que cette derniere soil exam' p le conseil comm~enal. Signature of Owner (if applicable) JAMES M. PETRIE Signature due propriitaire (s'il y a lieu) °'X I"iI"kial"' ArE: COUNSEL RY Date: Xj 115 Page 1 of 1 FIM& ~Z 7 gym..... Ri~_: .k W4 ww F~ s ~ r 1 Displaying reGOMS g W b oC g h s://www.pl et.snb. L E rowser/java/ma/a.jsp 04/09/2009 116 Page l of 1 _-'Go m https://www.planet.snb.ca/PLANEThrowser/java/map/mapjsp 04/09/2008 117 PROPOSED ZONING BY-LAW AMENDMENT RE: 951-961 FAIRVILLE BOULEVARD 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, October 27, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3 hectares, located at 951-961 Fairville Boulevard, also identified as being PID Nos. 00396754, 55012371 and 00286195, and a portion of PID No. 55107494, from 44" Heavy Industrial Park to 11SC-2" Shopping Centre, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit an approximately 5700 square metre commercial redevelopment, including restaurants and retail sales. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 951-961, BOULEVARD FAIRVILLE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante A Parretti sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 27 octobre 2008 i 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 3 hectares, situ6e au 951-961, boulevard Fairville, et portant les NID 00396754, 55012371 et 00286195, et 6tant aussi une partie du NID 55107494, de zone de pare d'industrie lourde I-4 » 'a zone de centre commercial « SC -2 comme le montre ]a carte ci-dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre un reddveioppement commercial approximativement 5 700 metres carrdes, incluant restaurants et vente au d6tail. Toute personne int6ress6e peut examiner le projet de modification au bureau de ]a greffi6re communale ou au bureau de Furbanisme et du d6veloppement A 118tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention du soussign6 a Ph6tel de ville. Elizabeth Gormley, Greffiere communale 658-2862 118 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: Elizabeth Gormley Phone: 506)658-2862 Fax: 506 674-4214 Special Instructions (if any): Reference: 951-961 Fairville Boulevard, Oct 27-08 PH Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad - SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, September 30, 2008 and Tuesday, October 21, 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: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 119 4'y! V/r r' 0, OX ~i, .Y . 0 0 BY-LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOAN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decr6t6 ce qui suit : The Zoning By-law of The City of Uarrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcr6td le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifid par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 951- 961 Fairville Boulevard, having an area of approximately 3 hectares, also identified as PID Nos. 00396754, 55012371, 00286195 and a portion of PID No. 55107494, from "I-4" Heavy Industrial Park to "SC-2" Shopping Centre. 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie approximative de 3 hectares, situ6e au 951- 961, boulevard Fairville, et identifiee sous les NIDs 00396754, 55012371, 00286195 et un partie du NID 55107494, zone de parc d'industrie lourde «I-4>> a zone de centre commercial « SC-2 - 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: - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arrete. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2008, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 121 October 22, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 951-961 Fairville Boulevard On September 29, 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 October 21, 2008 meeting. Mr. Myles Martin, Senior Vice-President of Plazacorp, spoke on behalf of the application and indicated that he was in agreement with the staff recommendation in the attached report. Mr. Martin also indicated that he was in receipt of a letter of concern from Co-op Atlantic, and that the mentioned closing of the second Co- op entrance was only a suggestion by the Transportation Impact consultant and was not planned by Plazacorp. After considering the attached report, letter from Co-op Atlantic, and Mr. Martin's presentation, the Committee adopted the recommendation as set out below. The Committee also granted a variance reducing the minimum required side yard from 15 metres to approximately 12.6 metres for the building located at the southwest corner of the subject site (indicated on the attached site plan as Tenant 4 10). RECOMMENDATION: I . That Common Council rezone a parcel of land with an area of approximately 3 hectares, located at 951-961 Fairville Boulevard, also identified as PID Nos. 00396754, 55012371, 00286195, and a portion of 55107494, from "1-4" Heavy Industrial Park to "SC-2" Shopping Centre. 2. 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 3 hectares, located at 951-961 Fairville Boulevard, also identified as PID Nos. 00396754, 55012371, 00286195, and a portion of 55107494, for a shopping centre be subject to the following conditions: a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place 122 Planning Advison- Committee October 24, 2008 Page 2 concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) 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; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; d) The developer must provide an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; f) Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard and two on Plaza Avenue, as generally indicated on the submitted proposal, the exact location and design of which are subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co-op entrance on the opposite side of Fairville Boulevard; g) The developer must provide a landscaped pedestrian walkway, through the parking lot, from the proposed buildings to the adjacent Sobeys site at 917 Fairville Boulevard. The walkway should include a minimum 1.5 metre concrete sidewalk and a minimum of 1.5 metres of landscaping on either side of the walkway, resulting in an overall minimum width of 4.5 metres; 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 (including location and types of planting materials) and other site features; i) The approved plans mentioned in conditions (b) 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; 123 Planning Advison- Committee October 24, 2008 Page 3 j) All site improvements shown on the approved site plan, landscaping 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 stricture thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-426 124 DATE: OCTOBER 17, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 21, 2008 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Plazacorp Property Holdings Ltd. Name of Owner: Plazacorp Property Holdings Ltd. Location: 951-961 Fairville Boulevard PID: 00396754, 55012371, 00286195, and a portion of 55107494 Municipal Plan: Service Corridor Zoning: Existing: "I-4" Heavy Industrial Park Proposed: "SC-2" Shopping Centre Proposal: To permit the second phase of a commercial redevelopment with restaurants and retail sales establishments. Type of Application: Rezoning and Variance to reduce the minimum required side yard from 15 metres to approximately 12.6 metres for the building located at the southwest corner of the subject site (indicated on the attached site plan as "Tenant 410"). 125 Plazacorp Property Holdings Ltd. Page 2 951-961 Fairville Boulevard October 17, 2008 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, October 27, 2008. The Act also 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 Common Council rezone a parcel of land with an area of approximately 3 hectares, located at 951-961 Fairville Boulevard, also identified as PID Nos. 00396754, 55012371, 00286195, and a portion of 55107494, from "I4" Heavy Industrial Park to "SC-2" Shopping Centre. 2. 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 3 hectares, located at 951-961 Fairville Boulevard, also identified as PID Nos. 00396754, 55012371, 00286195, and a portion of 55107494, for a shopping centre be subject to the following conditions: a) 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; b) 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; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; d) The developer must provide an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; 126 Plazacorp Property Holdings Ltd. Page 3 951-961 Fairville Boulevard October 17, 2008 f) Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard and two on Plaza Avenue, as generally indicated on the submitted proposal, the exact location and design of which are subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co-op entrance on the opposite side of Fairville Boulevard; g) The developer must provide a landscaped pedestrian walkway, through the parking lot, from the proposed buildings to the adjacent Sobeys site at 917 Fairville Boulevard. The walkway should include a minimum 1.5 metre concrete sidewalk and a minimum of 1.5 metres of landscaping on either side of the walkway, resulting in an overall minimum width of 4.5 metres; 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 (including location and types of planting materials) and other site features; i) The approved plans mentioned in conditions (b) 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; j) All site improvements shown on the approved site plan, landscaping 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 stricture thereon must be developed and used in conformity with the proposal and conditions identified herein. 3. That the Planning Advisory Committee grant a variance to reduce the minimum required side yard from 15 metres to approximately 12.6 metres for the building located at the southwest corner of the subject site (indicated on the attached site plan as "Tenant 410"). INPUT FROM OTHER SOURCES: 127 Plazacorp Property Holdings Ltd. Page 4 951-961 Fairville Boulevard October 17, 2008 Municipal Operations and Engineering has the following comments regarding this application: a) Water, sanitary and storm sewer is available for this location, the grades and pressures must be checked by the developer's engineering consultant; b) It is not clear from the proposal how the buildings will be serviced. Detailed engineering drawings of the proposed servicing must be submitted to the City for review; c) The developer must provide a site drainage plan/report indicating how storm water collection and disposal will be handled; d) An engineering water and sewer analysis must be completed in order to determine the impact this development will have on the existing water and sewer infrastructure and to ensure that this proposal does not exceed the current capacity of the existing systems; e) The developer shall be responsible for the installation of all concrete curbs, sidewalk and asphalt paving, landscaping and underground utilities. Buildings and Inspection Services has been advised of this application. Saint John Energy has been advised of this application. Aliant Telecom has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline has been advised of this application and reminds the applicant to continue to call for locates and proper setbacks from the pipeline easement. Fire Department has no objection to this application provided that the proposed development adheres to the National Building and Fire Codes. In particular, the applicant must submit constriction plans to the Department of Public Safety, Technical Inspection Division for review and approval and the fire hydrant network must be extended throughout the development. ANALYSIS: Subiect Site and Surrounding Area 128 Plazacorp Property Holdings Ltd. Page 5 951-961 Fairville Boulevard October 17, 2008 The subject site is located at the intersection of Fairville Boulevard and the former Emco Lane, now Plaza Avenue, in West Saint John. This is a major commercial/industrial area, known as the Golden Mile, and is designated as a,Service Corridor for the western part of the City. The adjacent site at 917 Fairville Boulevard was recently approved as the first phase of this commercial redevelopment by Plazacorp. The subject site consists of four properties, including the site of the former Saint John Transit facility and a portion of the former railway line. The site has a total area of approximately 3 hectares (7.4 acres), and has a frontage of approximately 132 metres (433 feet) on Fairville Boulevard and approximately 138 metres (453 feet) on Plaza Avenue. It is bounded on the northwest by Fairville Boulevard, on the northeast by Plaza Avenue and the Sobeys Supermarket currently under development, on the southwest by an Atcan Storage facility and the Country Inn and Suites, and on the southeast by the Saint John Throughway (Route 1). The Co-op Atlantic, a Rogers office and warehouse, and the Aquarius Pub and Restaurant are located across Fairville Boulevard from the subject site. Proposal The applicant proposes to demolish the former Saint John Transit and Municipal Operations buildings at 951-961 Fairville Boulevard and constrict an approximately 5,700 square metre retail and restaurant development. This proposal is the second phase of a larger retail "power centre" that began with the Sobeys development to the northeast of the subject site. The specific retail and restaurant tenants for this development have not been confirmed at this time. The attached site plan indicates the proposed development will be accessed from Plaza Avenue, which will be signalized at its intersection with Fairville Boulevard, and from Fairville Boulevard at the northwestern boundary of the site. On-site parking for 405 vehicles is proposed for the Phase 2 development, exceeding the Zoning By-law's minimum requirement of 205 parking spaces for the 5,700 square metres of retail space. The subject site is currently zoned "I4" Heavy Industrial Park, which permits retail developments up to a maximum of 3,000 square metres (32,000 square feet). Larger retail developments are considered to be "shopping centres" and require rezoning. The applicant has requested that the subject site be rezoned to "SC-2" Shopping Centre to permit the proposed development. Municipal Plan and Proposed Rezoning As noted above, the subject site and the surrounding areas on Fairville Boulevard are designated as a,Service Corridor by the Municipal Plan. The proposed commercial development is consistent 129 Plazacorp Property Holdings Ltd. Page 6 951-961 Fairville Boulevard October 17, 2008 with this designation and surrounding developments. The proposed "SC-2" Shopping Centre zoning permits a wide range of retail and service uses, including shops and restaurants, in a shopping centre environment. As well, the "SC-2" Shopping Centre zone permits a beverage room, club or lounge with no minimum separation distances between similar establishments (as may be required if the proposed restaurants are to have associated liquor licenses). This zone is in conformity with the,Service Corridor designation. Wish respect to new or expanded shopping centre developments, the policies of the Municipal Plan require that: a) the proposed site is located on an arterial or collector street; and b) the shopping centre proposed is of a size and nature that is, in the opinion of Council, warranted on the basis of a survey to be carried out by or for the applicant of the population and location and type of other commercial establishments with the anticipated trading area and the City as a whole. Section 43.2 of the Municipal Plan designates Fairville Boulevard as an arterial street, and therefore, the subject site satisfies the first criterion. The applicant has addressed the second criterion by submitting a Market Impact Statement, prepared on its behalf by ADI Limited. The summary of this statement is attached. The Market Impact Statement for the proposed Phase 2 development reviewed the current economic conditions in the Greater Saint John area (including population, labour force, economic outlook and retail sector importance) and discussed the likely impacts of the proposed development on the regional retail sector, paying particular attention to the Uptown area and the benefits to Saint John area consumers. The statement indicates that the proposed retail development is expected to be complementary to the surrounding development and is expected to contribute to the revitalization of West Saint John as a residential, commercial and retail centre. The statement also indicates that the proposed development will continue the trend towards providing Saint John consumers with greater choice, convenience and competition and will thus ensure that more consumers, including those in the wider region, are able to meet their shopping needs in Saint John. Traffic and Transportation Infrastructure Similar to other shopping centre developments in Saint John (for example, McAllister Place, First Westmorland and, most recently, East Point Shopping Centre), a major issue in relation to this proposal is the ability of the existing transportation infrastructure to accommodate the traffic generated by the development, or if not, the nature of any required improvements to the infrastructure. In order to help identify potential impacts, as well as any required measures to accommodate the development, the applicant has submitted a detailed traffic impact study 130 Plazacorp Property Holdings Ltd. Page 7 951-961 Fairville Boulevard October 17, 2008 prepared by ADI Limited. As the applicant's proposal for Phase 2 was revised from that initially proposed along with the Phase I development, a revised traffic study was submitted. The objective of the traffic study was to identify traffic impacts associated with the proposed development, by estimating the trips expected to be generated, identifying any development- related traffic circulation issues and transportation impacts, and recommending potential improvements to address transportation impacts. The study area included Fairville Boulevard along the frontage of the site, including the intersection of Fairville Boulevard and Plaza Avenue which, as previously noted, will be the entrance to the development. A three-year design period was used to identify fiiture traffic circulation conditions associated with the proposed development. The conclusions of the traffic study are attached. The study projects that the proposed development is expected to generate approximately 315 entering trips and 251 exiting trips during the morning (AM) peals hour and approximately 286 entering trips and 271 exiting trips in the afternoon (PM) peals hour. These trips will include entirely new traffic generated by the proposed development and pass-by traffic making an intermediate stop as part of an existing trip to, or through, the area. The study assumes that pass-by traffic would constitute 20% of the total trips. Both the original and revised studies indicate that the traffic generated by the proposed development will warrant the installation of traffic lights to control traffic movement at the shopping centre entrances and changes to the design of the intersection of Fairville Boulevard and Plaza Avenue. These recommendations were previously made in the traffic study and report for the first phase of this development, and are required as part of the Section 39 conditions for the adjacent Sobeys development. The developer will be responsible for the cost of required traffic infrastructure improvements. Site Servicing and Drainage As indicated in the comments from Municipal Operations and Engineering, City water, sewer and storm sewers are available at this location. Detailed servicing and drainage plans will be required, and the developer must confirm the grades, pressures and system capacities for the approval of the Chief City Engineer. Site Development The attached preliminary site and elevation plans suggest a high quality development, built to modern-day standards for urban commercial areas, with defined driveways, asphalt parking areas, concrete curbing, underground wiring, quality building finishes and landscaping of all disturbed 131 Plazacorp Property Holdings Ltd. Page 8 951-961 Fairville Boulevard October 17, 2008 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 imposed on such large-scale projects. This would include submission of detailed site, landscaping and building elevation plans to the Development Officer for approval. The high visibility of this development from both the Throughway and Fairville Boulevard will require special attention for all facades, including the building design, exterior finishes and materials, landscaping and screening of loading facilities. All of these elements should be expressed on detailed elevation and landscaping plans for the approval of the Development Officer. The same expectations for high quality development have been applied to the adjacent Sobeys and Canadian Tire developments. The development of this site should also incorporate features that contribute to a pedestrian- friendly environment. It is suggested that the parking lot design include a dedicated pedestrian connection to the adjacent Sobeys property. This connection should provide a minimum 1.5 metre (5 foot) sidewalk with landscaped planting strips on either side to provide separation from parking spaces and vehicular traffic. A minimum overall width of 4.5 metres (15 feet) is suggested. The overall site layout appears to be in compliance with the "SC-2" Shopping Centre standards, with the exception of the proposed building setback at the southwest corner of the site (indicated on the attached site plan as "Tenant 4 10"). A minimum yard of 15 metres (50 feet) is required, whereas the site plan indicates a setback of approximately 12.6 metres (41.4 feet) at this location. The applicant has indicated that the main factor dictating the location of this building is the on-site soil conditions. It is not expected that the reduced side yard will impact the adjacent property, and the requested variance can be supported. Finally, it is recommended that Section 39 conditions be imposed to increase the depth of landscaping at the front of the site from the minimum 2 metres (6.5 feet) required by the Zoning By-law to a minimum of 6 metres (20 feet). This additional front landscaping was required of the adjacent property at 917 Fairville Boulevard and will ensure that the proposed Phase 2 development will remain consistent with the adjacent development and with other shopping centre developments in the City. The attached preliminary site plan suggests that the landscaping proposed along Fairville Boulevard will be in excess of 6 metres (20 feet). CONCLUSION: The subject site is located within the Fairville Boulevard (Golden Mile),Service Corridor. The proposed amendment to the Zoning By-law can be supported as it is consistent with the Municipal Plan and surrounding development. Section 39 conditions, consistent with those imposed on 132 Plazacorp Property Holdings Ltd. Page 9 951-961 Fairville Boulevard October 17, 2008 other shopping centre developments (including Phase 1 of this development at 917 Fairville Boulevard) are recommended with respect to the nature and maximum size of the shopping centre, as well as the infrastructure improvements, and site and building development requirements. The major issues with the proposed development are the appearance of the site and buildings and the required traffic control improvements. The recommendation will require the submission of detailed plans in this regard for the review and approval of the City. Approval of the proposed rezoning, with the conditions set out, is recommended. SKH Project No. 08-426 133 r PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT 0 9 tea. - _ 1- 3 a B- 2 bA B~-2 y; 494 y x 3a f~t. ,pry 11B PlD(s)IN IP(s): 00396754, Subject Site/site en question: 55012371, 00286195, and a portion of (et pantie du) 55107494. Location: 951-961 boulevard Fairville Boulevard Date: October 6, 2008 Scalelechelle: Not to scale/Pas a Mchelle 134 line 5 ~ i 4- l J -fo t 3 ~ 1 t } f I _ f t } t } J 26 4 po.► le i a ce s s a.; I i } t I It ' 6' Q - (f~ a °q 17 5~ - ~ y 1! e f i 1 t 111 1 1111 Il l I l an N I -F ° Y IL 1 f ryn V t 7 ,r I 4 Q ♦ 4 J ~ 1 F- r ■ t t } I ! I. ¢i g 4 t R F ~jj ` L4 I ~ 7 B 1 i Il 1 i f- -I- X14 ~1= 1 l~ l I i Im A r N 135 136 137 C O _ c ' ~ O b O ,F T { ! ~I I illl I!4 F it I~II~ 1 Y i4c~. Illlflrlll I I VIII ! ~ il~l~ll II Ill I li Ill Ili I.J ,Ipi EjIIiII€I~ I F~ I `!II~I-~ jfh3ny { 1] ~ zk~[~ ~ ~ Il~ll rl~ II Il f, rl - II 1 i 14k 1 _ _~T lJ II 1 i I Ill` ~ r' k3, }F kl iq ~ II I I~il 1 ll iI ~ S I~ !r F €A t[I Y ~ r f~ Illy IiI~~ Il l'I'~ ~ ~ ~ i r, ° +rl; I ~ t~ z- II~ I ii I II I I! I I 14 ICI I I li I I I, - i ,dtK::~ - QQ II' I P I~I ~ I II lil ' ~ - €I llll l , ~ ~ O I• I ~ ~ Ili~l' I G. I~ f~ ill I~I'I ~ ~ ~it`~I a i} 1 yl. , III I~.{l! ~ ' ~ t ;l~N~ `a~ f 1 III fl{II ..!I `I Illrl 'i~ III,- ~ .III I l Ik~r~ E fl I 1~~~ 5 ~1~1~ ~ f,l!I~~II~IE~III,l,~1 F a l _ ;s s11~11~I~'~kid I c b T 5 $ ~~m r IE"Jois y 1-E r 9 W r~ 3 D ~ 138 Market Impact Statement Phase II Fairville Boulevard Retail Development 8 4.0 SUAUdARY 1. The economic outlooks for New Brunswick and the Saint John area are positive. Continued strong growth is expected for 2008 and the remainder of this decade. This means growth in incomes (GDP), employment and the retail sector. 2. The retail sector is an important component of the Saint John area economy. It accounts for 16 percent of the area employment or almost 10,000 jobs and is a source of economic growth. 3. The development of major retail areas such as the Westmorland area and the "Golden Mile" is occurring worldwide. This has required many small retailers, such as those in the Uptown Area, to make adjustments to their business plans and focus on the market opportunities where they have strategic advantages. 4. Continued development of Saint John's retail sector is an important component of its economic strategy. This proposed development will contribute to this strategy by making Saint John more competitive in serving its own regional market and as a major Provincial retail centre. o ~a (35) 5851-014.1 139 Transportation Impact Study for Phase II of a Retail Development on Fairville Boulevard in Saint John 5.0 12 CONCLUSIONS Based on the findings of this study, the following conclusions were made: f t i r 1 1 • The revised Phase H site plan will result in more traffic being generated on Fairville Boulevard than for the original Phase H concept. The increase in traffic is primarily during the morning peak period due to the proposed food service locations. • The traffic generated by the proposed development would satisfy TAC warrants for a traffic signal at the Fairville Boulevard/Emco Lane intersection. A level of service analysis indicates that all turning movements would operate at a very good LOS B or better during peak periods under signalized control. • All other recommendations provided in the initial transportation impact study are still valid given the modifications to the proposed Phase H development. 140 (55) 5851-014.1 Application for a Zoning By-law Amendment Demande de modification i< Varrete sur le nonage Applicant Related Information / Renseignements sur le demandeur 1,%rtr°+ I-eZ1 y-,c E_ r . ,•r v t~4 e- c. c Name of Applicant / Nom du demau 4c t t C e c> c:. C G •:1 l E' Q l ~ v`1 S Mailing Address of applicant / Addresse postale du demau C r ..t r , r 1 > 1 4 , Yr r r r , Postal Code / Code postal L) Y-ri Telephone Number / Num;:ro de tclbphone a ° { 1 _ . r1 R Home/ Domicile C L Work / Travail Fax Number / Numdro de tel' ieur Name of Property Owner (if different) / Nom du propri&am (si diffdrent) Address / Adresse Postal Code / Code postal f ' YY1 I Property Information / Renseignements sur In propriete location / Emplacement Civic No de voirie Street / Rue PID / NIP 2°1 on OVve St. L.ot Area / Superficie du lot 490 tm2 Street Frontage / Facade sur rue l(e.`7rn_ on Dulke S=t • W Existing Use of Property / Utilisation actuelle de la proprittb Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal raw DaIE- 4 Q_1esi5A,__Q F 1 Cd Amendment Requested / Modification demandee L(I Present Zoning / Zonage actuel " R - u Change Zoning to / Modification du zonage 3 it R- 4 1e' and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 141 Development Proposal / Proposition d'ame®agement 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 andanyotherfonnofinformation. Theplanmust show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown, llous devez fournir un plan du site d 1'echelle il/usirant votre proposition. Vous pouNez egalement journir des ~e e"4 photographies, des plans de b&iment, des dessins de plan d'elbvation et toute aurre forme de renseignement. Le plan doit indiquer les dimensions de to propritte, r emplacement de la totafite des bdoments, des allees, des tires de stationnement, des amenagements paysagers et des pannear x de signalisation. I1 est important d'indiquer to distance entre les limites de la propriete et les bddments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignemem comxrnant votre proposition qui pourrait are appr-6es- E7' E~' G-t-I C t I t Provide any other information about your proposal that would be helpfill, / Foutnir tout autre rensei proposition qui paurait &m utile. gnement conoernaud votes -._4C-C\P Date If you are not the owner of the land in question Si vous n'etes pas le proprieta ire du terrain en question, please have the owner sign below. The signature of veurUez obtenir la signature du propriefaire dans la parlie the owner is authorizing this application to proceed ci-dessous. La signature du propridaire autori&mt le for consideration by Common Council. traitement de la presente demands pour que cene derniere oif examine coned communal. Signature of Owner (if applicable) Signature due propriftaire (s'il y a lieu) Date: 142 $400 Application Fee Enclosed / Ciyoira les hail de dentate de 440 5 Development Proposal: Description of Proposal Saint John Deaf and Hard of Hearing Services Inc. (SJDHHS) is a non-profit, fee for services organization partially funded by the United Way of Greater Saint John. SJDHHS was formed in 1979 (next year marks our 30 th anniversary) in response to a growing recognition of the needs of Deaf and Hard of Hearing individuals. The agency's goal is to enable Deaf, Hard of Hearing and Deafened people to live independent productive lives, with full access to the services and opportunities available to the hearing population. In order to accomplish this, our new vision is to foster self-sufficiency through transitional services bridging the gap between the hearing, Hard of Hearing and Deaf world. SJDHHS offers services designed to create equal opportunity and accessibility to Deaf and Hard of Hearing people. Such as: 1. Services, 90 percent is done off site: A. Employment: SJDHHS works closely with all government agencies to linkup clients with appropriate programming. We work closely on transition teams (when referred) to ensure appropriate placements, and accommodations. SJDHHS seeks out and employs summer students who are deaf and hard of hearing so that they can further their educational goals. SJDHHS has applications forms for all government employment programs; those interested should contact the agency to begin the application process. SJDHHS also works closely with transitional teams for hiring clients who wish to enter directly into the workforce. Appropriate referrals are made and follow up is done on a continual basis so that clients do not get lost in the system. B. Education: Should clients be interested in furthering their education, regardless of age and education levels, SJDHHS works closely with all parties to ensure appropriate programs and accommodations are being met. Should advocacy be necessary for the client to get the opportunity to pursue their academic goals SJDHHS will advocate with the appropriate authorities to ensure client's rights are being upheld. C. Training and Employment Support Services (TESS): Clients who require support are urged to begin their proposals early. SJDHHS works closely in these areas with the client, TESS worker and Employment Counselor to ensure all support services necessary are in place prior to the client entering their educational or employment setting. 143 1. Services, 90 percent is done off Site, continued: D. Department of Social Development: SJDHHS also works closely with this department for clients who are case managed by this department. Employment and financial services are also available through this department should you meet their criteria. E. Post-Secondary Education Training and Labour (PETE): SJDHHS can refer and work as a resource to PETL Employment Counselors. Referrals to PETL are for work ready or employment training opportunities, should you meet their criteria. F. Employer Sensitivity Training: SJDHHS at the request of the client, case manager or employer, will provide employers and staff with a sensitivity training session relating to the clients physical, communication and cultural needs. G. Interpreter Services: SJDHHS coordinates interpreter services for Health Regions 2 and 3 (Grand Falls to Sussex). They include but are not limited to the following: Under the New Brunswick Visual Language Interpreter Services (NBVisual) services are provided by the government of New Brunswick to cover medical, legal, counseling, Social Services, employment (applications, interviews & crisis intervention), education (parenttleacher meetings where the parent is deaf). Under TESS we also coordinate interpreter services for post- secondary studies, job interviews, on the job training and crisis intervention. Community assignments are also coordinated through SJDHHS and are done on a fee for services basis. This means that the organization, employer or government department other then mentioned above is responsible for payment of the service. The client does not need to organize payment of these services; SJDHHS will facilitate the confirmation of assignment and payment. H. Technical Devices: SJDHHS also provides technical devices, needs assessments as to the need for the appropriate device. Workplace assessments are available upon request as well. SJDHHS will also facilitate and work with clients for appropriate referrals for payment of the devices. (Off and occasionally on site 144 2. Programs, 90 percent is done off Site: A. Employability Skills Program: Where deaf adults and young adults learn important transitional skills to bridge the gap between the hearing and hard of hearing and deaf world. Major sills learned are Employers Expectations, Hearing Culture and Norms, Deaf Culture and Norms and how they fit into the hearing world, Real World Problem Solving Skills, Interviewing Skills and Techniques, Job Application Forms, How to Contact an Employer, Employer Follow-up, etc. B. Deaf Heritage Program: This program is designed to be; • A family literacy program at the early intervention stage, where parents, siblings and relatives can learn ASL and Deaf culture in the comfort of their own home. When numbers permit the early intervention heritage program can be provided in group form giving parents some time to come together in a support group atmosphere. • Deaf Heritage program for young adults who have had limited exposure to language (ASL & English) and the Deaf community. Skills acquired in this program are ASL and Sign Language Training, Communication Skills, Survival Skills for the Deaf, Daily Living Skills, Consumer Skills, Community Skills, Life Skills, Deaf Culture and History. C. Life Skills Program: This program is designed for deaf and hard of hearing students and young adults, who for whatever reason are moving out of home to live on their own for the first time. Skills learned in this program are: Personal Hygiene, Personal Maintenance, Money Management, Student Loans, Income Assistance, Exercising Financial Restraint, Shopping, Cooking, Banking, Mapping Personal Safety Issues, Apartment Hunting, Reality Check, and Interpreter Services. L or off site dependina on needs) D. Hearing Aid Recycling Program: This program was designed with seniors in mind, however there is no age limit for applications should they meet the financial criteria. Donated hearing aids are sent to the manufacturer to be refurbished, then are sent to the Regional Hospital Audiology Department for testing and mapping. A list is then compiled and matched with individuals with similar hearing loss. Hearing aids and moulds are provided to the successful applicant at no charge. 145 2. Programs, 90 percent is done off Site, Continued: E. Mentorship Program: This program sets up a deaf child with a deaf adult to spend quality time together twice a month. This allows the deaf child to identify with a deaf adult and be exposed to ASL and deaf culture. Matches in this program are at the request of the parents, Family and Community Services or Social Workers. All mentors are screened and must provide a criminal record check. VISTA Sinnina Naturally: This is a fee for service program for hearing individuals to come and learn ASL and Deaf culture from deaf community ASL teachers- Programs are 10 weeks in length and are held twice a week. These programs are also provided on site at various employers and service providers upon request. Currently, SJDHHS provides VISTA training levels 101 to 108. IOn site: Mon to Thurs 6:30pm to 8:30om. approx. number of students is 6 to 8. G. S.E.L.F.: Self-Esteem for Little Folk is a course curriculum for deaf and hard of hearing children in the early ages that are having trouble adjusting to their hearing loss and fitting in with their hearing peers. This program is designed to give them positive self-esteem and improved identity. SJDHHS is always in search of programs; often programs that are developed and implemented come from a gap in service and a request by a parent or client to have a specific need met. The services and programs provided by SJDHHS are not limited those mentioned. The agency also provides various workshops and seminars on a variety of topics as requested by the communities we serve; I.E., A.I.D.S., RRSP, Menopause, Cancer, Positive Attitudes, Problem Solving Skills, Deaf Culture, Mental Health, Health Care, Nutrition, Financial Services, Wills, Insurance, Stress Management, etc. SJDHHS office hours are 8:30am to 4:30pm and it is closed between 12:30 pm to 1:30pm for the lunch period. There are 2.6 staff members and only one drives and will be parking on site during the day, since the majority of the Deaf community use the transit system the traffic and parking in the area will not be affected greatly. Also the foot traffic in the area will not increase greatly since 90 percent of our Programs and Services happen off site. 146 Development Proposal: Reason for Amendment Approval SJDHHS is unique in the way that we do not have any provincial or national affiliates that provides us with additional funding or notoriety, like the larger charities. (i.e. Big Brothers and Sisters, CNIB, Cancer, or Heart and Stroke.) Therefore we must rely heavily on the community for this support. Saying this, visibility is very important, and we believe that 324 Duke Street West affords us this visibility. At the same time, SJDHHS can provide the needed safety that is required by our consumers. We would not be able to do this in the hustle and bustle that is found in the high traffic areas of city center and east Saint John. It is also very important the SJDHHS is located on a bus route. Most of our clients, students, and consumers make use of the city transit for their daily living. Not only does the transit system provide accessibility to our programs and services it will lower the need for parking and additional traffic in a busy area. In a society of aging and equality, accessibility is paramount; therefore it is important for the agency to be able to meet this need and we will be able to do so since 324 Duke St. West has a ramp in the back of the property. Nose level and business of the agency should not be a concern for the neighbors' of 324 Duke St. West since most of the programs and services are done off site. Also parked vehicles in the area should not increase; at present the agency never has more than 2 to 3 cars in their parking lot at a time. Since this property has two off street parking spots we should need on street parking minimally. The Deaf community value history and they will go to great efforts to keep the historic look of the building. Also there is no need to do any construction on the property as the existing floor plan meets all our space needs. Finally, the agency takes pride in being located on the west side and we would like to continue to be part of the revitalization of this area. 147 Development Proposal: Other Information Owning our own building is a long term goal for SJDHHS, by having this amendment passed we would finally be able to see our dream come true. However, this is the least of the reasons why this amendment should be passed. Historically the deaf have been in this area for a long time. During the late 1800's to early 1900's the school for the deaf existed just down the street, housed in Jewetts Castle. The school was closed at the onset of WWI when the building became the Veterans Hospital. Although it is not the exact site of the school it certainly feels like the deaf have returned home. It is our hope to provide a cultural home for the Deaf community of New Brunswick by housing their art, and history. Giving the Deaf community a sense of identity and belonging, a place where they can be proud of their heritage. The Deaf community is a very socially conscious community and the property will reflect this trait; therefore, the property will be cared for and maintained with this pride. Finally, by bringing this cultural group back to the area the neighborhood will experience a truly unique culture, one of beauty and strength. 148 n ~ ~ ~ ~ ~ ~ ~ ~ U_7 N PROPOSED ZONING BY-LAW AMENDMENT RE: 324 DUKE STREET WEST 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, October 27, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID No. 00388850, from "RM-1" Three Storey Multiple Residential to "B-1" Local Business. REASON FOR CFIANGE: To permit a business office within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 324, RUE DUKE OUEST Avis public est donn6, par la prdsente, que le conseil communal de The City of Saint John a Pintention d'6tudier la modification suivante de Parr@t6 sur le zonage de The City of Saint John, au cours de la r6union ordinaire du conseil pr6vue le lundi 27 octobre 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain dune superficie approximative de 490 metres carrels, situde au 324, rue Duke ouest, et identifiee sous le NID 00388850, de zone d'ddifices a logements multiples de trois etages <<RM-1» 6 zone commerciale locale «B-1 o. RAISON DE LA MODIFICATION: Permettre un bureau d'affaires dans le batiment existant. Toute personne intdress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du ddveloppement a 116tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, saufIesjours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par dcrit a ('attention du soussignd 6 Fh6tel de ville. Elizabeth Gormely, GreffiBre communale 658-2862 150 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; Elizabeth Gormley Phone: 506 658-2862 Fax: 506 674-4214 Special Instructions (if any): Reference: 324 Duke Street West, Oct 27-08 PH Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) - SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, September 30, 2008 and Tuesday, October 21, 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: Elizabeth Gormley, Common Clerk/Greffi6re communal Contact: Telephone: (506) 658-2862 151 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110- ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : The Zoning By-law of The City of L'arretel sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, delcrdtel le dix-neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est mod ifi6 par: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID No. 00388850, from "RM-1" Three Storey Multiple Residential to "B-l" Local Business. 1 La modification de 1'annexe «An, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie approximative de 490 metres carrels, situele au 324, rue Duke ouest, et identifiele sous le NID 00388850, de zone d'ddifices a logements multiples de trois dtages (<RM- 1)) i zone commerciale locale « B-1 n. - 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 - toutes les modifications sont indiqueles 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 prelsent arretel le 2008, avec les signatures suivantes : Common Clerk/Greffidre communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 152 October 22, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 324 Duke Street West On September 29, 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 October 21, 2008 meeting. Ms. Lynn LeBlanc, Executive Director of Saint John Deaf and Hard of Hearing Services Inc., appeared to speak on behalf of the application and indicated that she was in agreement with the staff recommendation in the attached report. No one appeared to speak in opposition to the application and no letters were received by the Committee. After considering the attached report and presentation by Ms. LeBlanc, the Committee adopted the recommendation as set out below. The Committee also granted a variance reducing the minimum parking requirement from three (3) parking spaces to two (2) parking spaces. RECOMMENDATION: 1. That Common Council rezone 324 Duke Street West (PID 00388850) from "RM-1" Three Storey Multiple Residential to "B-1" Local Business. 2. That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 324 Duke Street West (PID 00388850), be subject to the following conditions: a. The use of the site is limited to a business office within the existing dwelling; and b. A City approved water metre is installed. Respectfully submitted, Stephen Horgan Chairman 153 DATE: OCTOBER 17, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 21, 2008 YVN-k. Holly McMackin Planner - Dillon Consulting SUBJECT Name of Applicant: Saint John Deaf and Hard of Hearing Services Inc. Name of Owner: Harold and Sharon Breen Location: 324 Duke Street West PID: 00388850 Municipal Plan: Low Density Residential Zoning: Existing: "RM-I" Three Storey Multiple Residential Proposed: "B-1" Local Business Proposal: To operate a business office in the existing building. Type of Application: Rezoning and Variances to: - Reduce the parking requirements from 3 spaces to 2 spaces 154 Rezoning 324 Duke Street West Page 2 October 21, 2008 JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed rezoning. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, October 27, 2008 at 7:00 p.m. 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: 1) That Common Council rezone 324 Duke Street West (PID 00388850) from "RM-1" Three Storey Multiple Residential to "B-1" Local Business. 2) That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 324 Duke Street West (PID 00388850), be subject to the following conditions: a) The use of the site is limited to a business office within the existing building; and b) A City approved water meter is installed. 3) That the Planning Advisory Committee grant the requested variance to reduce the minimum off-street parking requirement to 2 spaces. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this proposal: - Municipal water and sewerage is available. - A City approved water meter must be installed for a commercial use. Building and Technical Services will conduct a complete building code review as part of the permit process. Saint John Transit provides a high level of service along Duke Street West with the East-West bus. Fire Department has no objection to this application; however, the proposal should be forwarded to the Department of Public Safety - Technical Inspection Division for review on the classroom use of some of the rooms in the building. 155 Rezoning Page 3 324 Duke Street West October 21, 2008 Saint John Parking Commission has been notified of this application. ANALYSIS: Site and Neighbourhood The subject property is a two-storey single family home located on the corner of Duke Street West and Olive Street on the City's West Side. A small yard is landscaped with shrubs and several mature trees and the building and property are in excellent repair. The house has a small front yard and no side yard setback from Olive Street. The lot is 455 square metres (4,898 square feet) and has two off-street parking spaces. The neighbourhood is composed of similar homes on small lots. Some buildings in the area have been converted to multiple dwelling units. Although Duke Street West is not a designated collector or arterial it connects Lancaster Avenue with the Lower West Side and the Saint John Throughway, resulting in a moderate amount of non-local traffic. It is also a major bus route providing East-West service. Proposal Saint John Deaf and Hard of Hearing Services Inc. (SJDHHS) propose to locate its offices at 324 Duke Street West. No exterior renovations are proposed. The applicant is a non-profit organization whose goal is to enable the Deaf, Hard of Hearing and Deafened people to live independent, productive lives with fiill access to the services and opportunities available to the hearing population. The organization accomplishes this goal by providing transitional services bridging the gap between the hearing, Hard of Hearing, and Deaf world. SJDHHS provides a wide-range of services, including: • Employment programming; • Education; • Training and Employment Support Services; • Interpreter Services; • Employer Sensitivity Training • American Sign Language Instruction The applicant indicates that 90% of the programming will be provided off-site, with 2.5 employees working out of the proposed office at the subject property. The SJDHHS office would be open during regular business hours, with the exception of occasional evening programs which would take place from 6:30pm to 8:30pm and have an approximate class size of 6 to 8 students. SJDHHS believes this location on Duke Street West has a number of advantages: it is highly visible; it is located on a bus route; the traffic is moderate, which reduces potential safety hazards for their clients; and the building has a ramp at the rear of the property to meet accessibility needs. Many of the organization's clients use Saint John Transit, making transit access especially important. Municipal Plan Direction and Zoning By-law 156 Rezoning 324 Duke Street West Page 4 October 21, 2008 The neighbourhood is designated Low Density Residential by the Municipal Plan. The Plan permits small scale commercial operations in residential zones provided they serve primarily the needs of local residents, or are compatible with the residential area. Compatibility is assessed based on whether: a. The proposed site is located on an arterial or commercial street b. The buildings are of an architectural style suitable to the residential environment of the neighbourhood; c. The floor area is approximately 1,000 square metres or less; and d. The uses conform to all relevant provisions of the Municipal Plan and the By-laws that implement it. With respect to the above, the architecture, use and small scale of this proposal all conform to the Municipal Plan designation for this area. Although Duke Street West is not designated as a collector or arterial, it is a major bus route and already carries a moderate amount of non-local traffic. This proposal is compatible with the residential neighbourhood and will not create excess traffic or other nuisances. The property is a small lot with minimal setbacks; however, as the building and lot pre-date the By-law the proposal is not required to meet zone standards such as minimum lot size, minimum lot width, etc. A business office is a conditional use in a "B-1" zone and the proposal meets all pertinent By-law standards except for off-street parking requirements. The applicant is requesting a variance to lower the parking requirements from 3 spaces to 2. Staff support this variance as most of SJDHHS clients and some of its employees use Saint John Transit. On-street parking is also available on both Olive Street and Duke Street West. The applicant has indicated they rarely have more than 2 or 3 vehicles parked at their current office. CONCLUSION: The proposal to operate offices for SJDHHS at 324 Duke Street West meets the intent of the Municipal Plan regarding commercial uses in residential neighbourhoods. The small scale of the office and location in an existing building ensure its compatibility with the area. As the majority of clients and employees will use Saint John Transit to access the subject property, demand for on- street parking will be minimal. The rezoning from "RM-1" Three Storey Multiple Residential to "B-1" Local Business, and the parking variance, can be supported. Section 39 conditions are recommended to protect surrounding residential uses from undesirable development which is not complimentary to the neighbourhood. DILLON Project No. 08-432 157 Rezoning Page 5 324 Duke Street West October 21, 2008 PLANNING AND DEVELOPMENTIUI IBA►NI MEw ET O~VELOPPEMENT r' * # f x . fir: i l#k + -.1 41 t + f 4*~ ~ i~ x { { rte. # 46 k.s QIF l y ^#.r} }{'+f F' ?SILL. { +V 44 4.x.,1. i'#`* •.i•xr..r ems' ryYA l{i k M1 T'}.4 }.is~ ~M1 { i.x • . 's 't { ri * °f rr 1` ,mil +f 4f 63 k :ik}s!'#{*~•' .Sii. "Rx Jam' M1h.` f+r}.k { • . ki. 4"o M 3.1 113 UbjeC`t Site/site en q UestlOn; F'ID{s},?Nfl5): 00359850 Location; 324 rue oue t Duke treeL West Date, October 9, 2008 ScaleJi~,chelle; Not to soale?"P .s ~ I'6chelle Figure 1. 324 Duke Street location. 158 Rezoning 324 Duke Street West Page 6 October 21, 2008 G~~E 4 N k. x _ F L fT., ~Y SSS }'F ~ ii]] I I r 4µ Ix T 41 i yf [ i y t x \ i I i r~ ~ i i. x f 1L~ ' ~ i I I k L 4' ~ xY 4 k~.%. i 3t 4 GIL) III Figure 2. 324 Duke Street Site Plan 159 Rezoning 324 Duke Street West Page 7 October 21, 2008 l 5 f I 5} rrn ~~#c}4iN F } ~ f0. } 14 'kprak7~- II` ~ U, r rfi.t.~•rti42 K"y ~L7~~a. L~LYC~'~'~'~f5 f_~ f' 1 K: 1-k S i ~I Cam' ~ ! ~ k 1. 4 . i l ~ yr 1 i I I 4L 1 y L 'x: Figure 3. 324 Duke Street floor plans. 160 Rezoning 324 Duke Street West Page 8 October 21, 2008 j yF' Figure 4. ; 24 Duke Street. 161 I Rezoning 324 Duke Street West Page 5 October 21, 2008 PLANNING AND DEVELOPMENT/URBANISME ET OVELOPPEMIMT Y F r i u, of ♦ T r XY ~k i ; OF Verynn ` ryA~ k 1« h ~ ~ ' ter rt play 7 r„ P I1)(s}fN I P Gs:): 003'88850 Subject,`~i#elsite'en question; Location: 324 rue ouest Duke Street West. Date: October 6, 2008 Scale/4chelle: Not to scale/Pas A fthelle Figure 1.324 Duke Street location. r 1 414 ri_ ~ `i ns r. - f u t r "'~k s . ,ll R. m 2 . r 162 I Rezoning 324 Duke Street West Page 6 October 21, 2008 H1~ q~ S"A ,I V k; V \~p a r V~.Ed g'4R;ra . F C 7 F L Figure 2.324 Duke Street Site Plan 163 Rezoning Page 7 324 Duke Street West October 21, 2008 c~ o5a} r.~ ~ a~asct ~ i ~ 'JD af• 4LC winda+a~ r-ra Z zz e-man#- firs - acs lOL&S iOM x 41 4 ~ X i l;lid ~1ey It Y 1 Ile ~ 9ecep+i®n { x11,10 ya,f now - , . . p caf- I Figure 3. 324 Duke Street floor plans. j 164 Rezoning 324 Duke Street West 165 Page 8 October 21, 2008 Figure 4. 324 Duke Street. 06106/2000 13,10 1 PLANNING AND DEVELOP PAGE 03/04 AppUmdon for a Zonig W-b► Amemdmew Demmde de modifwadm A I'arj*U sur le zonatge Appd-t pelted Inform fim / Ra ndgaemmtt gar le demmkimr Name ofAypllC~t/NOmdnd~Odllar_Chr;s L~24aUr~ } ~onnYnar~ ~a~ n1~ Addicts of / Addle: pa~la da desartd~ ~qO ~0 5~ e r urs-~-o~ SA,//VT 70 NNI /V d Yas~ code / E L k SH S Tc*ac-Nwku/Aiam& deter byg-C~00-5 flume I Damieile Work / Travail Fax mm m i x mEm do tEwooom to S y- S -l 5 8 Nam atPfWc Omw (if diffucm)) /Nom ds pnWn&,zue (si diff&mm) 1 i rya i-e u } l"'~ Y~ d S++ a~ Admess l Ademte $9 O ~e S t h~ ra~O h -Ur. Postal Cade / Cade po" elk S N $ Property Infanmstim / Reeseipameaft sur L propriW 1:oottool£mpVoemem 1.06 SOo.r CnvG d OO04ocic Civic tf / No de voirie Stroel / Am PID I NIP LaAto/SmcrSckdula SS00. 't 5umFm=plrap&mrms Sz ;A ExhftUseofPtopwyIUu7ismimacmeftdtIapraptlip! -~wo vr,: resi ~r~t,e M=icipd Plan Ind use DespadOn DmSta4im do utdiatim des totes sm It plan rmmidpd Am aadmmt RetgoesW / MedWcation demmdbe num Zadob / ZamBe adore! Q M - Q' Chao~ZcoagtclMa dumoagei ro E/V E-t 4 L 43 US 1 NES3 B - Z =d/ar / oa G Tea A-o&- rt (udiote pmucmim) I MOM= = doe kme (eta ks dtlaita) 166 PIM~Mmm SABEAN ENGINEERING LTD. STRUCTURAL & CIVIL CONSULTING September 17, 2008 City of Saint John Planning and Development PO Box 1971 Saint John, NB EM 4L1 Attn: Sarah Herring, MCIP, RPP Re: 106 Spar Cove Road Please find enclosed the revised application for rezoning and the revised site plan. The revised zoning application has been submitted to rezone the property from RM-1 to B2 as we are proposing to locate our engineering office on the 2" d floor level, while the first floor will remain as a residential unit. We have also revised our proposed site plan to address the development requirements of your letter dated August 22, 2008 regarding our previous application. We also recently retained an engineering consulting firm to survey the property, and the revised site plan locations of the existing property lines, building and driveway are as per the survey information received. Please note the following revisions to the site plan: A) We propose to construct an additional driveway on the North side of the property to a parking area at the rear of the property. The proposed rear parking area has sufficient area to provide the minimum 3 parking spaces and a turning area which exceeds the requirements for the proposed rezoning. The proposed additional driveway location would provide the maximum sight distance possible from the existing intersection. Bedrock can be seen at or near the existing ground level along the sides and the rear of the property, therefore the driveway and parking lot will be constructed very close to the existing grades. A wood fence exists along the property line between the rear parking area and the residential property to the north. B) The existing driveway will remain for use by the I" floor residential unit. We recognize that the size of the existing driveway does not have adequate space for a vehicle to turn and face the street when exiting the lot. We would propose to contact the residential property owner to the south and request written permission or a legal easement to allow the expansion of the lower parking area up to and across the existing property line. However, we do not wish the rezoning to hinge upon this, as we have not approached the southern neighbor at this time. Please advise if this proposal has any merit and if the property line set back requirements would be set aside if an agreement was reached with the property owner to the south. 9 Cannon Road, Quispamsis, New Brunswick, Canada E2E 3T9 Tel: (506) 849.0077 Cell: (506) 651-3153 Fax: (506) 849-9384 Email: jsabean@nbnet.nb.ca 167 SABEAN ENGINEERING LTD. STRUCTURAL & CIVIL CONSULTING In regards to site drainage, we have observed and concluded that the current drainage issues associated with this property are the result of a high water table, and are not the result of surface runoff issues. During recent significant rain events, the ground water level rose above the basement floor, yet no water was observed on the top of the bedrock beneath the structure. Existing sump pumps installed by the previous owners pump the water from the basement to the exterior ground surface. Given the small property area, precipitation onto the property is not a significant contributor to the high ground water level. We will address the existing drainage and sump pump discharge in our forthcoming drainage plan, but as a result of our observations, we feel that asphalt surfacing and concrete curb will not result in any significant reduction in the ground water level during rain events and spring melting, and therefore asphalt surfacing and concrete curb is not warranted. We are proposing the parking areas and driveway be surfaced with 100 mm of 1/2" clear limestone, which when compacted will provide an easily maintainable, dust-free driving surface as required by the by-law. The granular limestone surface will be placed close to existing grades and will not result in any change to the run-off characteristics of the existing property. The details regarding the nature of our business operations remain as per our original application. If you need any further information, please contact me at your convenience. Sincerely, SABEAN ENGINEERING LTD. onathan Sabean, P.Eng 9 Cannon Road, Quisparrmsis, New Brunswick, Canada E2E 3T9 Tel: (506) 849.0077 Cell: (506) 651.3153 Fax: (506) 649.9384 Email: jsabean@nbnet. nb.ca 168 Hol m zc005 IL Q w 0 w co U O CL J O a a- N abOH aAOO adds $8 g PROPOSED ZONING BY-LAW AMENDMENT RE: 106 SPAR 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, October 27, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 106 Spar Cove Road, having an area of approximately 920 square metres, also identified as being PID No. 00040998, from "RM-1" Three Storey Multiple Residential to "B-2" General Business. REASON FOR CHANGE: To permit a professional office in the existing dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gorrrrley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 106, CHEMIN SPAR COVE Avis public est donne, par la pr6sente, que le conseil communal de The City of Saint John a Pintention d'6tudier la modification suivante de Parretti sur le zonage de The City of Saint John, au cours de la r6union ordinaire du conseil pr6vue le lundi 27 octobre 2008 A 19 h dans la Salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 920 metres carres, situee au 106, chemin Spar Cove, et etant ND) 00040998, de zone d'6difices a logements multiples de trois 6tages «RM-1>> a zone commerciale g6n6rale «B-2 RAISON DE LA MODIFICATION: Permettre un bureau d'affaires dans ]'habitation existante. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a Photel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention du soussigne a Ph6tel de ville. Elizabeth Gormley, Greffiere communale 658-2862 170 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: Elizabeth Gormley Phone: (506 658-2862 Fax: 506 674-4214 Special Instructions (if any): Reference: 106 Spar Cove Road, Oct 27-08 PH Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement "SJTJ Classifieds Date(s): Tuesday, September 30, 2008 and Tuesday, October 21, 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: Elizabeth Gormley, Common Clerk/Greffi6re communale Contact: Telephone: (506) 658-2862 171 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110- ARRETE MODIFIANT L'ARRETIE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a decrdt6 ce qui suit : The Zoning By-law of The City of Uarret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decr&6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modfi6 par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 106 Spar Cove Road, having an area of approximately 920 square meters, also identified as PID number 00040998, from "RM-1" Three Storey Multiple Residential to "B-2" General Business. 1 La modification de I'annexe ((An, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superticie approximative de 920 m6tres carrels, situde au 106, chemin Spar Cove, et identifiee sous le NID 00040998, zone d'6difices a logements multiples de trois 6tages «RM- 1» A zone commerciale g6ndrale « B-2 - 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 - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes : Common Clerk/Greffi re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 172 October 22, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 106 Spar Cove Road On September 29, 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 October 21, 2008 meeting. Mr. Chris Legault and Mr. Jonathan Sabean appeared to speak in support of the application and indicated that they were in agreement with the staff recommendation in the attached report. No one appeared to speak in opposition to the application and no letters were received. After considering the attached report and the applicants' presentation, the Committee adopted the recommendation as set out below. The Committee also granted variances to reduce the minimum required side yard landscaping from 3 metres to 2 metres and to permit two accesses within 6 metres on a single frontage. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 106 Spar Cove Road (PID 00040998) from "RM-1" Three Storey Multiple Residential to "B-2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land located at 106 Spar Cove Road (PID 000409980) be subject to the following conditions: a. The use of the site be limited to a business office for a structural engineering firm and dwelling unit within the existing building; b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject tot the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, vehicle manoeuvring areas, driveways, signs, landscaping and other site features; 173 Planning Advison- Committee October 24, 2008 Page 2 Development of the site be in accordance with a detailed drainage plan, including any necessary catch basins, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d. A City approved water meter be installed for commercial use; The proposed driveway entrance shall only be used for the business and should not be interconnected with the existing residential driveway; f. The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast-in- place concrete curbs; g. All parking areas must be screened from adjacent residential properties by a board-on-board privacy fence with a minimum height of 1.8 metres to the satisfaction of the Development Officer; h. Signage must be in accordance with the requirements of the Zoning By-law and be subject to the approval of the Development Officer; i. No mobile signs be permitted on site; j. Approved site plans be attached to any building permit application for the development; and k. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-456 174 DATE: OCTOBER 17, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 21, 2008 Holly McMackin Planner, Dillon Consulting SUBJECT Name of Applicant: Chris Legault and Jonathan Sabean Name of Owner: Tina Legault and Andrea Sabean Location: 106 Spar Cove Road PID: 00040998 Municipal Plan: Low Density Residential Zoning: Existing: "RM-I" Three Storey Multiple Residential Proposed: "B-2" General Business Proposal: To convert the second floor dwelling unit in the existing building into a business office for an engineering firm. Type of Application: Rezoning to permit the proposed use and Variances to: a) Reduce the landscaping requirements for side yards from 3 metres to 2 metres; and b) Allow two accesses within 6 metres of each other on one frontage. 175 Rezoning 106 Spar Cove Road Page 2 October 17, 2008 JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed rezoning. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, October 27, 2008 at 7:00 p.m. 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: 1. That Common Council rezone the parcel of land located at 106 Spar Cove Road (PID 00040998) from "RM-1" Three Storey Multiple Residential to "B-2" General Business. 2. That, pursuant to the provisions of the Community Planning Act, the use and development of a parcel of land located at 106 Spar Cove Road (PID 00040998) be subject to the following conditions: a) The use of the site be limited to a business office for a structural engineering firm and dwelling unit within the existing building; b) Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, vehicular manoeuvring areas, driveways, signs, landscaping and other site features. c) Development of the site shall be in accordance with a detailed drainage plan, including any necessary catch basins, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) A City approved water meter be installed for commercial use; e) The proposed driveway entrance shall only be used for the business and should not be interconnected with the existing residential driveway; f) The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs; g) All parking areas must be screened from adjacent residential properties by a board- on-board privacy fence with a minimum height of 1.8 metres to the satisfaction of the Development Officer; h) Signage be in accordance with the requirements of the Zoning By-Law and be subject to the approval of the Development Officer; i) No mobile signs be permitted on site; 176 Rezoning Page 3 106 Spar Cove Road October 17, 2008 j) Approved site plans to be attached to any building permit application for the development; and lc) All areas not occupied by buildings, parking areas, and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development. 3. That the Planning Advisory Committee approve variances at 106 Spar Cove Road to permit: a) Landscaped side yards of 2 metres; and b) Two accesses within 6 metres of each other on one frontage. BACKGROUND: In August of 2008, the applicants applied to rezone 106 Spar Cove Road from "RM-1" Three Storey Residential to "BR" Business Residential. The rezoning application was withdrawn before being heard by the Planning Advisory Committee. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this proposal: - A City approved water meter must be installed for the proposed business. - Any site modifications must not cause drainage issues. A detailed engineering site drainage plan must be submitted to the City for review to ensure adjacent properties are not adversely affected by said drainage and if drainage is to be directed to a municipal system, that the existing municipal system is capable of handling the drainage. - From the application, it is understood that the existing driveway access is to be the continued entrance/exit of this site for the dwelling only, and it should be. The second/proposed entrance for the business should not be interconnected with the residential driveway and should only be an entrance/exit for the business. - The request to place 100 mm of '/2" clear stone rather than an asphalt surface should not be supported. The stone will be an operational/maintenance/safety issue as it will continually displace out onto the street surface. Building and Technical Services advises that upgrades may be required to meet building code standards. Fire Department has reviewed the proposal and have no objections to the constriction and establishment of a business office on the second floor in place of the existing second floor residence with the understanding that all constriction will adhere to the National Building and Fire Codes. Building plans should be submitted to the Department of Public Safety for the purposes of plans review of a public assembly occupancy. A previous application had asked for the office conversion to 177 Rezoning Page 4 106 Spar Cove Road October 17, 2008 happen on the first floor; it is understood that this application replaces the previous application. It is understood that hot works or hazardous materials are not part of this application; otherwise additional comments would apply. It is the Fire Department's expectations that a business sign would either provide the civic numbers for the property or at minimum, not be positioned in a way that would block the civic numbers as already posted on the property. ANALYSIS: Subject Site and Surrounding Neighbourhood The subject site is located on Spar Cove Road, at the intersection with Belleview Avenue in Millidgeville (Figure 1). The 920 square metre (9,900 square foot) site has approximately 25 metres (82 feet) of frontage on Spar Cove Road and currently contains a two-storey, two-family dwelling with an attached garage accessed by an existing driveway. The surrounding area contains a mix of single-family and multiple family dwellings, and the northeast edge of Shamrock Park is located across Spar Cove Road from the subject site. A few small commercial operations are located in the area, including the `Pizza Shack' at the corner of Spar Cove Road and Millidge Avenue and a small repair garage fiirther down Spar Cove Road. Proposal The applicants are proposing to convert the second floor dwelling unit in the existing two-family dwelling into an office for an engineering firm with five fiill-time employees. The applicants have indicated that no structural changes will be made to the interior of the remaining dwelling unit, and no changes will be made to the exterior of the building. A small sign may be placed at the end of the driveway in the fi ture. As shown on the attached site plan, a new parking area is proposed on the north side of the property to meet parking requirements. The applicant proposes to add a second driveway to access the new parking area (Figures 2 and 3). The existing driveway will continue to be used by the residential unit (Figure 4). The proposed office for the structural engineering firm would operate from 8:30 a.m. until 5:00 p.m. daily, from Monday to Friday. There will be no commercial vehicles on site as the structural and civil design work performed by this firm involves drafting and design with computers. Clients rarely visit the office, with perhaps one client per month coming to the office to drop off plans or pick up reports. The majority of work is sent via e-mail, dropped off to the client, or sent through the mail. The applicants have chosen this potential office location due to its proximity to home for most of the five employees, and the available space that would allow for all employees to work in the same office. The office is currently split in two locations with employees working from each of the principal's homes. 178 Rezoning Page 5 106 Spar Cove Road October 17, 2008 Zoning By-law Requirements The applicants have requested that the property be rezoned from "R-2" One and Two Family Residential to "B-2" General Business to permit the proposed office conversion. The subject site and proposal can meet all requirements of the "B-2" General Business zone, with the exception of the distance between driveways and the layout of parking areas and landscaping. The Zoning By-law requires that off-street parking not be provided in the required landscaped areas of a lot or within 1.5 metres of the side and rear property lines. The By-law requires the landscaped areas separating the parking area from adjacent residential zones to be a minimum of 3 metres wide. As shown on the attached plan, the proposed parking area is located 2 metres from the property line; this layout will require a variance to reduce the minimum landscaped area from 3 metres to 2 metres. The applicant proposes to add a second driveway to access the new parking area. The By-law requires a frontage of at least 75 metres and a separation of 20 metres between driveways; the subject property has 25 metres of frontage on Spar Cove Road and the site plan shows approximately 6 metres between the two driveways. Although staff are not normally supportive of two access points on such a small frontage, the topography of this property makes a second access point necessary to meet parking requirements. The existing driveway should be retained only for use by the residents of the lower dwelling unit and the two driveways should not be interconnected. The proposed driveway should be used for all commercial purposes. Municipal Plan Direction The Municipal Plan directs that certain non-residential uses may be permitted in residential areas provided that they are intended to service primarily the needs of the local population, or are compatible with the residential neighbourhood or area. In particular, the Plan calls for evaluation of compatibility with the following criteria: a) That the proposed site is located on an arterial or collector street; b) That the building will be of an architectural style suitable to the residential environment of the neighbourhood; and c) That the floor area is approximately 1,000 square metres or less. As well, the Plan recommends that non-residential uses should be carefully evaluated and held to suitable standards to ensure that they do not become a nuisance or result in inappropriate impacts on adjacent residential uses. The criteria for suitability for suitability include: a) The location and treatment of parking areas; b) The minimum setback, side yards and rear yards; c) The arrangement of lighting facilities to ensure they do not shine into nearby residences; d) The provision of buffer strips to separate such uses from adjacent residential uses; and e) The siting of buildings, landscaping and the location, size and type of signs used. 179 Rezoning 106 Spar Cove Road Page 6 October 17, 2008 Given the description of the proposed office for an engineering firm, it appears that these Municipal Plan criteria for compatibility can be satisfied. Although the Planning Department does not advocate for a strict separation of all uses, the cumulative impact of non-residential uses in residential neighbourhoods needs to be carefully considered. Increasing numbers of commercial and office uses in residential areas may prove to erode the character of residential neighbourhoods and weaken the viability of existing commercial nodes. The Planning Advisory Committee and Common Council have recently approved similar applications for small office uses in other residential areas of the City. Given that the proposed use - a small scale office with no commercial vehicles, limited client traffic and only five employees - will be undetectable from the street in terms of land use impacts and will not pose a threat to nearby residential uses, this application can be supported. CONCLUSION: The proposed engineering office is a small-scale use with minimal impacts on the surrounding residential neighbourhood. Section 39 conditions should be attached to this rezoning to ensure a high quality development and mitigate potential impacts on neighbours. DILLON Project No. 08-456 180 Rezoning 106 Spar Core Road Page 7 October 17, 2008 PLANNING AND DEVELOPMENTIURBANI NIE ET DEVELOPPENIENT % f-I~ { ~ s~ l rk QI II ~ ^ r~ Jill. ~ I _ I ~wl • I L~ I KL.1 II J u"i 1131 , 2 l. • f R M ■ I I" -i .7p L - 4 I 5 ~ ~ P1 411 1 +Y+*'~'rrw`*I,r*F;~~-}fir {r*;#.'~ I~ s y r , rr r I ! I } I '1 f{ } , f• 1-i i Jf + 31 ; ~ PID( )INIP(s): 00040998 Subject iteisne en question: 'll Lecatlon. 100, chemin par Cave Road Date: October 6, 008 I. oalefeohelle: Not to scale/Pas a J'chelle Figure 1. Spar Cove Road location. 181 Rezoning 106 Spar Core Road Page 8 October 17, 2008 ~ II I b I p P ~ ti3 ~ I mJ ~ h I ~ ~ ~ ~ ~ r I N , p r ~ ~ ,J rv. " l I 0 _ ~ z d I r ~ _ Iv ~ ~ --.a. I4 ~ e . fi p v- I~ ~ FJ r' { p' F ~ ° ce s r 'CN YB 7 Figure 2. 106 Spar Cove Road Proposed Site Plan 182 Rezoning Page 9 106 Spar Core Road October 17, 2008 L; r Figure 3, The proposed dri, n ty , X11 be lo( ited to the right of the building at 106 Spar Cove Road 183 Rezoning 106 Spar Core Road Page 10 October 17, 2008 Figure 4. The existing ,1 ive) ty at 106 S1 r Col Rc 1. 184 I Rezoning Page 7 106 Spar Cove Road October 17, 2008 PLANNING AND DEVELQPMENT/URBANISME ET D&F-LOPPEMENT 2 2 aaw IRff6 a des V -rCOt - t~ a " t ( o a ..1 w s ~r ru to 31 V4 (6 ito m ~ ,a ~ mf4tte~6~+• V [r B - tij R ~ n~ i°i m a, xu a • a it * ,n m -d - R. s 5 p ~ E R ML a i,a a R j, 9 ■ r e r i r 0 t PtD(S~INlP(s)' 00040998 SSubject Site/site en question: Location: 106 chemin Spar Cove Road Date: October 6, 2008 Scale/6cheile.: Net to scale/Pas a I'6chelle Figure 1. Spar Cove Road location. 185 Rezoning Page 8 106 Spar Cove Road October 17, 2008 ~a A e o _ t jF ~a i sa F O SPAR COVE. ROAD H, q a Figure 2. 106 Spar Cove Road Proposed Site Plan 186 Rezoning Page 9 106 Spar Cove Road October 17, 2008 187 Figure 3, The proposed driveway will be located to the right of the building at 106 Spar Cove Road. Rezoning 106 Spar Cove Road Page 10 October 17, 2008 188 Figure 4. The existing driveway at 106 Spar Cove Road. BY-LAW NUMBER C.P. 1.10-86 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. J10- ARRETE MODIFIANT L'ARRITE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce dui suit : The Zoning By-law of The City of Uarretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PH) Number 55003982, from "RF" Rural to "I- 1" Light Industrial. 1 La modification de Pannexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une pareelle de terrain d'une superficie approximative de 1731 metres carres, situee au 341, chemin Ashburn, et etant une partie du NID 55003982, de zone rurale u RE a zone d'industrie ldgere a I-1 - 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: - toutes les modifications sont indiqudes 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 : Mayor/Maire Common Clerk/Greffrere communale First Reading - October 14, 2008 Second Reading - October 14, 2008 Third Reading - Premiere lecture le 14 octobre 2008 Deuxieme lecture - le 14 octobre 2008 Troisieme lecture - 189 PLANNING AND DEVELOPMENT/ IJRBANISME ET D> VELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe <<A» de I'Arrete de zonage de The City of Saint John I 7- FROM f DE TO I RIF 1-1 Rural Zone rurale Light Industrial / Zone d'industne Iegere I E G Applicant: Loyalist City Towing Limited I Location: 341 chemin Ashburn Road PID(s)/NIP(s) 55003982 07N91 NE Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: October 23 octobre, 2008 Considered by RA.C.Cconsidere par le C.C.U.: October 7 octobre, 2008 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistr6 le: Sy-Law #/Arrete 190 Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Ren~sleeignements sur le demande r Name of Applicant / Nom du demandeur t+ ° ~1 Address of applicant / Addresse postale du demandeur o I f~ -it 1 1~~ y~/ Postal Code / Code postal k~ Telephone Number / Numdro de tdldphone Home / Domicile Fax Number / Numdro de tdldcopieur Name of Property Owner (if di Address / Adresse Work / Travail I Nom du propridtaire (si diffdrent) I Code / Code postal: Property Information / Renseignements sur la proprikte Location / Emplacement Civic # / No de voirie Lot Area / Superficie du lot Street Frontage / Fagade sur rue PID /NIP Existing Use of Property / Utilisation actuelle de la propridtd VptvQV ' For-Doe . QUCLrY-V Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal L-0 -W DC-?►'nSA {ZeSiC~e~~ Present Zoning/ Zonage actuel tt Q« - - 2-Amendments Requested / Modifications demandees Municipal Plan / Plan municipal D- hange Land Use Designation to / Modifier la ddsignation de ('utilisation des terres A A veA -C-ounm erc,c~l and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By-law/ Arretd sur le Zonage L]k' Change Zoning to / Modification du zonage A and/or / ou Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) Street / Rue 191 Development Proposal / Proposition d'amknagement I 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. Yous devez fournir un plan du site a 1'echelle illustrant votre proposition. Yous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'dlevotion et route autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propridtd, Pemplocement de la totalite des bdtiments, des alleles, des arees de stationnement, des amenagements paysagers et des panneaux de signalisation.11 est important d'indiquer la distance entre les limites de la propridte et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes. v ~ v Co/1SS~iC~C i~r1 C? CI/ fGUi':517'1 -fU ' ' f Provide any other information a out your Cr~,Posal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait @tre utile. 'u70 !r,11 nc~r C~IiaCtrY1 ~ - - `~r7 /.~7(~ ~'C rJ ~7 ~~7C~ CZ /pc~a ho,5- .,GZS ndi Cam' 122f7C~ d Q' Q.16~•0~'~~ f~? Signature of Applicant / Signature du demanded ` Date -G 8 w❑ $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vows n'dtes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propridtaire dans la partie the owner authorizing this application to proceed is ci-dessous. La signature du propridtaire autorisant le required for consideration by Common Council. traitement de la presente demande est requise pour que cette derniere snit examinee par le conseil communal. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date 192 Description of Proposal / Description de la proposition PROPOSED MUNICIPAL PLAN AMENDMENT RE: 410 HIGHLAND 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 and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID No. 00428714, as illustrated below. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "t) a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of P1D No. 00428714." (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, October 27, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of a licensed banquet and meeting hall with cabins for tourist accommodation. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 26, 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. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 410, CHEMIN HIGHLAND Par les prdsentes, un avis public est donne par lequel le Conseil communal de The City of Saint John a ['intention d'etudier la modification du plan d'am6nagement municipal comme suit : 1. la reclassification, a ('annexe 2-A et 2-C du plan d'une parcelle de terrain dune superficie d'environ 4.3 hectares, situee au 410, chemin Highland, et dtant une partie du NID 00428714, de zone residentielle de densite faible a zone d'amenagement commercial approuve, comme le montre la carte ci-dessous. 2. I'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a 1'alinea 2.4.6.28 : u t) une parcelle de terrain d'une superficie d'environ 4.3 hectares, situee au 410, chemin Highland, et etant une partie du NID 00428714.>) (iNSERER LA CARTE) Une presentation publique du projet de modification aura lieu tors de la reunion ordinaire du conseil communal le lundi 27 octobre 2008 dans la salle du conseil, au niveau du hall d'entrde, a I'h6tel de ville. RAISON DE LA MODIFICATION : Permettre le developpement d'un banquet et d'un foyer accr6dites avec cabines pour accommodation touristiques. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 26 novembre 2008 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de I'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf Ies jours feries. Elizabeth Gormley, Greffiere communale 658 2862 193 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: Elizabeth Gormley Phone: (506) 658-2862 FFax: (506 674-4214 Special Instructions (if any): Reference: 410 Highland Road, MPA -Public Presentation- Oct 27108 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): Tuesday, October 14, 2008 " SJTJ Independent Placement Date(s): " SJTJ Classilieds 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 annlicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffere communale Contact: Telephone: (506) 658-2862 194 W 0 it y A O N LO P P i.a11 JJ z .p I he City of Saint John October 23, 2008 Mayor Ivan Court and Members of Common Council Re: Saint John Harbour Bridge As Council appointee to the Saint John Harbour Bridge Authority, please be advised that contrary to recent media reports/stories, the Engineering firm of Buckland and Taylor has assured the Harbour Bridge Authority that the structure is safe. A brief history may help the public understand the current status and the Authority will hold public information sessions in the near future. • We announced a ten year plan in 2006 to completely refurbish the Bridge because it was approaching 40 years old. • At the same time, we announced a toll increase effective January 1", 2007 and another effective January 1st, 2011 to pay for the refurbishment. • Work began in May of 2006, which involved painting and structural steel and repairs on the South East approaches. The cost was $2.7 million. • Painting and structural steel repair work continued in May of 2007 on the West side and by October 2007 it was complete. The cost was $3.8 million. • In May of 2008, work began on the concrete piers and girders under the Bridge as well as the expansion joints on the driving surface. The cost was $3.0 million. • In 2009 and 2010, the deck, parapet walls, median barriers and lighting system will all be refurbished at a. cost of $35 million over two years. • When we finished work in October of 2010, the major portion of the refurbishment will be complete and the life cycle of the Bridge will be extended by 40 to 75 years depending on the component. • We can borrow the funds and pay the loan payments based on our current Toll schedule, including the increase slated for 2011. • We will NOT be able to repay the f=ederal' Government loan until the bank loan is paid. • We have one of the most respected Engineering firms in the world looking after our structure (Buckland & Taylor Engineering Limited) • They have assured us that the Bridge is safe and will continue to be safe as long as the refurbishments recommended over the next two years are completed. • The work that is being done now and the work to be completed over the next two years was not a surprise to us, we had planned it in 2006. The work required to be done is not unusual for a 40 year old structure. Respectfully submitted, (Source Verified) r,. t Ncillor Chris Titus l` SAINT JOHN PO. Box 1971 saint John, NB Canada E21- 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E21- 41-1 196 October 23, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Safer Communities and Neighbourhood Legislation It is my hope that Saint John Common Council will request the Provincial government of New Brunswick to adopt "Safer Communities and Neighbourhoods" (SCAN) legislation in order to address public disorder and neighbourhood deterioration caused by problem addresses; and urge other New Brunswick municipalities to do the same. SCAN legislation uses civil law to promote peaceful communities and neighbourhood public safety. The legislation is designed to improve community safety by targeting and, if necessary, shutting down residential and commercial buildings which are habitually used for illegal activities. SCAN Legislation allows government to give residents a way to register complaints and help put an end to illegal activities in a neighbourhood. The legislation helps residents feel safe within their neighbourhoods and communities. Many municipalities across the country have advocated successfully for SCAN legislation. In Ontario, for instance, both municipalities and organizations urged and endorsed SCAN legislation: City of Ottawa, City of Kingston, City of Hamilton, Federation of Ontario Municipalities, Ottawa Police Service, Ottawa Police Services Board, Ottawa Centre MPP, Ottawa Neighbourhood Watch Executive Committee, Concerned Citizens for Safer Neighbourhoods, Eastern Ontario Landlord Organization, Friends and Tenants of Ottawa Community Housing, Hintonburg Community Association, Somerset Street Chinatown BIA, Boys and Girls Club of Ottawa and the Dalhousie Community Association. This legislation is having success in many jurisdictions where it is being implemented! It is being utilized in Manitoba, Saskatchewan, Nova Scotia, Newfoundland, and the Yukon. 197 Winnipeg, the first municipality in Canada to advocate for SCAN legislation, has seen good things happen as a result of the Province of Manitoba passing this law. From 2002, when the law came into force, until mid-2007, 304 complaints were received. Drug and prostitution problems ceased at 219 addresses. Only one complaint ended up in court. Two million dollars in drugs were seized during investigations under the act and 93 people were charged with crimes and drug offences. In Nova Scotia, Fred Sanford, Nova Scotia's director of Public Safety, said out of 197 complaints received under the SCAN Act, 174 were drug related. They've issued 41 evictions and have taken three other cases to court. Under the legislation, the courts must hear the case quickly. To this point, the Nova Scotia Supreme Court has upheld the legislation and put down any challenges. (Telegraph Journal) Unfortunately, many neighbourhoods in Saint John are experiencing fatigue over locations experiencing chronic crime. A grade five student from St. Patrick's School wrote to me saying: "I once saw a party where they were throwing beer bottles out the windows and smoking drugs, and they are always doing it," In many places, unacceptable behavior is becoming the norm. We need to respond and do better by looking seriously at solutions aimed at building safer and stronger communities. Const. Darrell Scribner of the Saint John Police force has indicated that he is looking forward to seeing similar legislation here in New Brunswick. Scribner said it will help the police deal with chronic tenants that break the law and the landlords that rent to them. "I certainly do believe that it would put them on notice." (Telegraph Journal) Motion: I recommend that Saint John Common Council request the Provincial government of New Brunswick to adopt "Safer Communities and Neighbourhoods" (SCAN) legislation in order to address public disorder and neighbourhood deterioration caused by problem addresses; and urge other New Brunswick municipalities to do the same. Sincerely, (source verified) Donnie Snook Councillor, City of Saint John, Ward 3 198 ~ ,,p M&C #2008-319 October 20, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: A PENSION BENEFIT - ENSURING LONG-TERM SUSTAINABILITY 4ftn Ilie city of SWnt John A few weeks ago the City Manager was asked to table with Common Council a series of options that he had previously proposed in an effort to reduce the funding deficit facing the City of Saint John Pension Fund (attached). In addition, please find copies of correspondence the City Manager received from Mr. Fred Lewis of Morneau Sobeco dated June 20, 2006, as well as subsequent correspondence dated June 26, 2008, in which Mr. Lewis indicates that the previous suggestions are still relevant, albeit the dollars associated with each option have changed. In reviewing Mr. Lewis' recent letter, the City Manager, based on his experience when, various options were previously presented, the fact that the liabilities of the Plan continue to grow at roughly ten million dollars per year and uncertainty with respect to financial markets and in particular much needed investment income, has concluded that Mr. Lewis's suggestion on page six should be pursued. Mr. Lewis States: "Rather than focusing on trying to eliminate the deficit in some arbitraryfashion over a short period, I think the focus should be on developing a long-term funding strategy orpolicy which sets out the parameters of what adjustments would be made when certain funding levels are reached in the future. The types of questions that would be considered are: 1. What is the intended long-term average total cost ofpension benefits as a percentage ofpay that can reasonably be supported by the employer and the employees and what is the maximum temporary contribution level that can be tolerated beyond which some benefit adjustments must be made? 2. What is the desired long-term average level of the employer to employee contribution ratio? 199 Rc pe7'r fo Commoti C Owit it Page, 1 .Stihicct: .I Pcnsiwl Rctie lit - f nmirbig Long Tows .Sustainabiliti, Ocwhcr 10, 100N 3. After accounting for the legislated funding requirements, what are the trigger points in the funding ratio at which adjustments to benefits (either up or down) are to be made? 4. When benefit adjustments are triggered, what are considered to be the core benefits and what are considered to be those that are to be adjusted first (either upwards or downwards) to bring the plan back into the acceptable range of the funding ratio? 5. When adjustments to the contributions are triggered, over what period will the adjustment apply, what proportion of the adjustment will be employer versus employee contributions, etc.? In setting out the funding strategy, it may he desirable to do an asset liability study in which future cash flows under various scenarios are looked at and the sensitivity of projected future funding levels to changes in various parameters is tested One thing that might be of concern is the degree to which the plan membership is a "closed group" in the sense that future hiring patterns are not expected to keep the agelservice profile of the active membership similar to what it is today. An implicit assumption in the current valuation model is that the profile of the active membership will remain relatively constant into the long-term future. If this turns out not to be the case, how will the change in the cost of the plan be anticipated and handled? The foregoing considerations have revolved around the funding of the plan as opposed to the accounting costs that are reflected in the City'sfinancial statements. In general, these two things are not the same and a review of how, and under what accounting rules, the plan is being accounted for may be in order." Prior to moving in this direction, there are some basic statements and/or premises that need to be stated by Common Council, as the employer and sponsor. These statements will serve as the basis or "guiderails" for any third party as they work through a process to arrive at a series of recommendations for Common Council to consider. Council should feel free to alter, amend, or delete any of the following statements: 1) It is an objective of the City of Saint John to provide a pension benefit to its existing and future employees. A pension benefit is seen as a critical element to attracting individuals to public service. 2) The City of Saint John remains committed to a "Legislative Framework" describing the contribution rates and benefits of the Pension Plan. If the current Legislated Plan can be amended to ensure Long Term Sustainability, that would be the City's preferred option. If "best practices" indicate other options are deemed more beneficial, Council would consider such options 3) The City of Saint John is committed to being an equal partner with employees in any required funding formula. Taxpayers ought not to be asked to contribute more than employees over the long term. 200 Re purl to C(rnrrlnn Comte it Page 3 SuNct t: .4 Ptwu%iwn Beue-fir F.nvuring Lung 7c•rm .Su.%narl rhilin October 20, 2008 9) The City of Saint John's position is that the provision of a retirement benefit or pension plan has not previously been a "negotiated item" with any employee group nor will it be in the future. NEXT STEP: If Council is of the view that Morneau Sobeco's suggestions are worthy of pursuing and the aforementioned statements adequately reflect the views of Common Council on this issue, then the next obvious step is for Council to engage the necessary expertise to assist Council in taking the required actions to "ensure the long-ter sstiility o a pension benefit toemployees o the City o Saint John." THE ROLE OF COMMON COUNCIL: THE ROLE OF STAFF: The role of City staff will be limited to simply providing any information and/or documentation as requested by the professional expertise engaged by Common Council. 201 "jp I P 1 1,~II,'w DJp 1I(..( ~ I!rJ I'i a J' n1 J, ntl Vt, 10.' 4 1.Wrm'tdl'." ~~P''JidCl IIu VM l'o¢"8Vr d~V'~N` .~uJbJitlV hV~Y,ilw' C~)N4i[ wVV~tl .S~R 'bid iG;kI ),a VrNI1V(IJ' THE ROLE OF THE BOARD OF TRUSTEES: At this point, staff cannot envisage a role for the Board of Trustees, other than to provide documentation and information as requested by the professional expertise. Information related to the Board's Investment Policy or the Boards most recent Asset/Liability Study will undoubtedly prove useful. THE ROLE OF THE NEW BRUNSWICK LEGISLATURE: If, after having considered all of the options and having become fully aware of all of the implications, Common Council adopts a particular course of action that requires amendments to the existing legislation, it is a responsibility of the New Brunswick Legislature to entertain the request of Common Council, to hear from those in opposition to the proposed changes and to ultimately decide as to the appropriateness of the requested changes. A PROPOSED TENTATIVE TIME LINE: As Council is aware, the City of Saint John has made a commitment to employees that there will be no changes to the plan until at least January 1 2010. Having said this, there is no reason at all why Common Council cannot begin the process immediately. As a guide, staff would suggest the following tentative time table. ACTION NO LATER T Preparation and issuance of a Call for Proposal for the required Professional Expertise. - Common Council to make a decision to engage . _ . _ . _ . _ . _ January 31, 2009 Target Date for a Report and Recommendation. June 15, 2009 Common Council's Final Decision on a Course of September IS, 2009 Action. Drafting of any Legislative changes (f required) January 31, 2010 Submission to the Legislature (if required) Spring 12010, However, it should be appreciated that if there are a significant number of legislative changes, they are likely to be extremely complex and technical. The City Solicitor has advised that should this be the outcome, his experience is that the time to ensure proper translation may delay the drafting of the legislation. 202 Il,°port to C omrnein C °oum it Pcf; e' S Suhirc 1: A Pcnsinn Bcm fit Fnruring Long TCr°nt Sustuiplahilitr Urtohr'° 0, 2008 C : That Common Council direct the City Manager to prepare draft of a Call for Proposal that would be issued by Common Council i order for Council to obtain the necessary professional expertise to provide advice to Common Council as the most appropriate method by which to ensure the long to sstaiaility of a pension benefit to municipal employees and at the Call for Proposals be generally based o the contents o t °s report. And further, that the draft Call for Proposal be placed before Common Council for approval prior to issuance. And finally, that the City Manager be directed to include within the appropriate 2009 Operating Budgets, staff s best estimate of the investment at will be required to see this review through toAmpletion. Terrence Lot en, CITY MANAGER Attachment 203 Page 1 City of Saint John Previous Recommendations of the City Manager Pension Plan Funding Issue One: It is recommended that the City of Saint John support the Pension Board's efforts to have the Plan exempted from rules related to Solvency. (City Manager Recommendation) Two: That a letter be sent to the Superintendent of Pensions asking for a ruling on the extent to which elimination of indexing provisions of the City's Pension Plan is acceptable. (City Manager Recommendation) Three: City Manager provides a series of Options to Increase Revenues. Increase Contributions (City Manager Provides Options) (a) Raise the Funds directly from taxpayers (b) Raise the required funds (all at once by Issuing Pension Obligation Bonds (c) Raise the required funds (all at once by simply issuing debt) (d) Raising the required revenue by transferring revenue producing assets to the Plan. (e) Raise the required finds by increasing employer contributions along with employee contributions. Four: City Manager provides a series of options to initiate plan re-design. (a) Eliminate the Rule of 85, i.e. the Early Retirement Provision. (b) Eliminate or reduce indexing on pensions earned for future service. (c) Change from a joint and survivorship pension to a "single life" with five year guarantee. (d) Move the best three year earnings to the best ten September - 2003 September - 2003 March 15 - 2005 March 15 - 2005 Attachment 204 Page 2 year earnings. (e) Consider moving from a "final average" to a "career average". (f) Reduce the 2% of final average earnings to something less, say 1.9`Yo or 1.5%. (g) The Disability provisions could be removed. (h) Freeze the current cap at the 2007 level. Five: City Manager recommends the following: March - 2005 Engage the Council's auditors, Ernst and Young to liaise with Morneau Sobeco and to provide and independent professional report to advise Council what steps it should take to: (a) Ensure Council actions are consistent with legislative requirements. (b) Minimize effects of the Going Concern Deficit. (c) Propose any required changes to legislation. (d) Propose changes to the Plan that will reduce or possibly eliminate the risks of future deficiencies in the Plan being borne by the taxpayers. Six: October - 2006 City Manager presents- Funding the Pension Plan: A Call to Action - Amongst a number of the previous recommendations, he also proposes; "Council instruct the City Manager to include in the 2007 Operating Budget sufficient funds to enable the Plan sponsor to engage the necessary expertise to research, analyze and to make a recommendation to the Council regarding the best possible alternative for the future of the City of Saint John Pension Plan taking into consideration the views of all stakeholders. Seven: The City Manager requests $50,000 in the 2008 December - 2008 Operating Budget to start a two year process to review and propose alternatives to the status quo of the Pension Plan. Attachment 205 O®~ I [ I Ifir.,i~ &N Il+~~~:arUR(T CONSL~z.ING AM Ar'iMINI rg~AUVF SAIRX.rTHON.. N v ~f"'~~J ;tikY#C'Ya'Y.ti••r,:ra'ti. t:rf.. C: 'k' YtY:.'v5'ty¢'RK I-. }}!Ar.NCNts Y 1' . arrY'X'Xer:~`. .aYS'{deNjs Xt.ff'dC't.? SO E~O C;raXrgary w Fv dev canon FIa6o~am dereodsro YArzro¢raal a Oft sum a Ybwq 8e (tae fr .it. f rdem"c ro 9~v~" ) CT,rva ONver w I15'mm E CO ornea obece.co June 26, 2008 C:atleton Place, Su ar H50 520 King Street IFir.derflann NB E3B 663 CSJP.0001 a, CONFIDENTIAL Terrence L. Totten, F CA City Manager City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Totten: RE: Pension Deficit Options This is further to your letter of May 20, 2008 in which you pose several questions concerning the current deficit in the City's pension plan. Possible Plan Changes to Reduce Costs As you noted in your letter, I listed a number of possible plan changes that would reduce costs in my letter to you dated June 20, 2006. The plan changes listed there are still relevant in any discussion of ways to reduce costs in the plan. In my discussion of most of the possible changes, I attempted to give you some idea of the magnitude of the savings you might expect if the change were made, based on earlier costings we had done. The liability and annual normal cost has increased since then because members have earned further pensionable service and because several actuarial assumptions have been strengthened. As a result, the estimates of cost savings for most items given in my June 20, 2006 letter would now be on the low side. That is, the actual lowering of costs that would be experienced at the current time should be more than is estimated in my June 20, 2006 letter. There is an exception to this. In item 8 of that letter, I estimated that removing the disability provision from the plan would reduce the going concern liability by about $7 million and the annual current service cost by about 0.8 percent of payroll. In the last valuation, at the request of the Pension Board, we agreed to weaken the disability assumptions. In effect, part of the lowering of costs in this instance has already been effected by weakening the disability assumptions. As a result, the further savings that would be realized by removing the disability benefit altogether would be a reduction of the going-concern liability by about $5.4 million and the annual current service cost by about 0.7 percent of payroll. A proper costing of the actual effect on costs of any proposed plan change should be done before the change is put into effect. a 206 June 26, 2008 Terrence L. Totten, FCA Employee Contribution Rate You have asked how the current employee pension contribution rate of 10.5% of pay compares to the employee contribution rate in other defined benefit plans. I have listed below the employee contribution rate for 18 defined benefit plans which are in the public or quasi-public sector in New Brunswick and Prince Edward Island. There is a note after the table for those plans which have an asterisk after their plan number. Rate on Pay up Rate on Pay Plan to the YMPE over the YMPE 1 3.5% 5.0% 2 4.5% 6.0% 3 6.0% 6.0% 4 6.17% 6.17% 5 5.0% 6.5% 6 5.185% 6.61% 7 5.3% 7.0% 8 5.5% 7.0% 9 7.0% 7.0% 10 7.2% 7.2% l l * 5.8% 7.5% 12* 8.32% 8.32% 13* 6.15% (reg.) 8.2% (reg.) 7.0%(p&f) 9.33%(p&f) 14 6.95% 8.75% 15 7.2% 9.0% 16 7.3% 9.0% 17* 7.69% (reg.) 9.29% (reg.) 8.60% (p & f) 10.29% (p & f) 18* 9.11% 10.81% I am aware of two p lans with the 5.8%/7.5% contribution rate shown for plan 11. Currently in plan 12, no contributions are required once the plan member has completed 8 years of service. In plan 13 (and also in plan 17), the contribution rate for police and fire employees (indicated as "p & f') is higher than for regular employees (indicated as "reg.") in recognition of the more costly benefits available to them. The salary break point in plan 17 is $5,000 rather than the YMPE. Regular (police and fire) members in that plan contribute 7.69% (8.60°/x) on earnings up to $5,000 and 9.29% (10.29%) on earnings above $5,000. 2/7 Mso Eco 207 June 26, 2008 Terrence L. Totten, C The employee contribution rate in plan 18 has fluctuated from year to year in the recent past. It was as high as 10.52% of earnings up to the YMPE and 12.22% on excess earnings in 2006. A comparison of only the employee contribution rates does not, of course, tell the whole story. The plans listed above all promise different benefits. In broad terms, the plans requiring the least employee contributions provide the least benefits, although that is not always the case. Not only does the benefit accrual rate differ from plan to plan but so do the ancillary benefits (early retirement benefits, indexing, etc.). It is difficult to give a meaningful comparison and ranking of the "value for money" that an employee gets for his or her contributions. It can be done but it involves a detailed calculation of the value of all the benefits in each plan versus the contributions made over a career, based on a number of assumptions. Many plans in the list have a lower contribution rate on earnings up to the YMPE than the rate on earnings in excess of the YMPE. Generally in those plans the lower contribution rate on earnings up to the YMPE reflects a lower benefit on earnings up to the YMPE, which in turn reflects integration with Canada Pension Plan benefits. Since the City's pension plan is not integrated with CPP benefits, the appropriate employee contribution rate in other plans for comparison to the City plan's contribution rate is the rate on earnings in excess of the YMPE. As you no doubt suspected, the 10.5% employee contribution rate in the City's plan is higher than almost all of the other plans surveyed. Only one of the 18 plans in the list has a higher employee contribution rate than the City's plan. Eliminating the Deficit Your final question in your May 20, 2008 letter asks if I can offer any advice or options with regard to creating a plan to eliminate the deficit in the City's pension plan within four years. To get a rough sense of what would have to happen in order for the deficit to be eliminated by December 31, 2011, I have done several projections. The assumptions I have made which underlie the projections are as follows: - there are no changes to the valuation assumptions in the period - the current service cost plus expense loading remains level at 20.32% of payroll - the total payroll increases by 3% per year - total pension payments increase by 4.6% per year - lump-sum payouts to terminating employees are $1,000,000 per year (2008 to 2011) - purchase of past service payments into the plan are $200,000 per year (2008 to 2011) - the employee contribution rate is 10.5% of pay until May 1, 2010 when it reduces to 9% 3/7 Mg~E 208 June 2, 2008 Terrence L. Totten, C - the City contributes the balance of the current service cost plus special past service funding payments of 6.26% of payroll; this means that the City's contributions as a percentage of payroll is assumed to be 16.31 % in each of 2,008 and 2009, 17.28% in 2010 and 17.78% in 2011 - the projection starts at January 1, 2008 with assets of $366.4 million versus an estimated total liability of $414.2 million, giving a deficit of $47.8 million at that date - all other actuarial assumptions are met exactly in the projection period except the actual annual return on assets which as shown in the various illustrations Based on the assumptions described above I have projected what the estimated unfunded liability would be at December 31, 2011 given various assumed annual investment returns on assets (net of investment fees) in the years 2008 to 2011 inclusive, combined with the effect of various plan changes which are assumed to take place at the end of 2008. Please note that the net valuation interest rate used in the last valuation was 6.75% per annum; actual net investment earnings above that rate go directly towards reducing the deficit, all other things being equal. Net Annual Return on Assets No changes in the plan: Remove disability benefit (but no other changes): Make changes which reduce the liability by $15 million and the current service cost by 2% of payroll: Make changes which reduce the liability by $34 million and the current service cost by 2.9% of payroll: 417 6.75% 8.0% 9.0% 9.4% 6.75% 7.5% 8.0% 8.9% 6.75% 7.5% 8.1% 6.75% 209 Estimated Deficit at 12/31/11 $46 million $24 million $6 million Nil $38 million $25 million $16 million Nil $24 million $11 million Nil Nil ^^g B~ June 26, 2008 Terrence L. Totten, FCA Discussion The figures in the previous section show that, if no changes are made to the plan, and employee and City contributions are as described, and all assumptions are met exactly, then the deficit would be eliminated by December 31, 2011 if the earnings on the fund were 9.4% (net of investment fees) in each year from 2008 to 2011, inclusive. On the other hand, if the net investment earnings on the fund in each of the years 2008 to 2011 were to equal the valuation assumed rate of 6.75% per annum then making benefit changes at the end of 2008 which reduce the going-concern liability by $34 million and the annual current service cost by 2.9% of payroll would (based on the assumptions described above) result in the elimination of the deficit by December 31, 2011. If the benefit reductions were put off until December 31, 2011, the reduction in the liability would have to be $46 million to eliminate the deficit at that time. It should be noted that the projections ignore the fact that a valuation report for the plan will have to be done as of a date no later than December 31, 2009 and filed with the pension authorities. Depending on what investment returns have been since the last report and on what changes (if any) are made to the plan and valuation assumptions, that report will probably establish different (and possibly higher) minimum funding payments required under the Pension Benefits Act than were established in the last report. However, the projections do give a sense of the magnitude of the rate of investment earnings and/or reductions in the value of promised benefits needed to eliminate the going-concern deficit by the end of 2011. It should also be noted that the Pension Benefits Act was recently changed to require that there be annual valuations of plans for which the "solvency ratio" is less than 0.9; that is, if the "solvency assets" are less than 90% of the "solvency liability". As I understand it, as the legislation is currently written, it requires the annual valuations to start only after the first valuation that show less than a 90% solvency ratio and that has a review date after December 21, 2008. Thus, since the review date of last filed valuation for the City's plan was December 31, 2006, annual valuations would not be required until after the next valuation that is filed (if that valuation showed a solvency ratio less than 0.9). I understand that this is not what was originally intended by the Superintendent's office and the legislation may be amended to require annual valuations to start sooner. Also, the original intention was to base the 90% break point on the "transfer ratio" rather than on the "solvency ratio" which would be a more stringent test. Finally, it is not clear to me at this time exactly how all of this would apply to plans which are exempt from solvency funding, but I believe that it is more likely than not that the Pension Board can expect eventually to have to start filing valuation reports annually as long as there is a large solvency deficiency. If annual valuation report filings are not required, then reporting the effect on costs of a reduction in benefits can probably be handled through filing a cost certificate which deals with the effect of the benefit reduction alone, as long as there is no request to reduce finding levels immediately. If, however, the intention of reducing benefits is to reduce actual amounts being 5/7 ' ilk Ms°osEC 210 June 26, 2008 Terrence L. Totten, FCA contributed to the plan now, a valuation report would have to be filed which reflects the new benefit level. This would mean that the effect of the poor investment returns in 2007 would get reflected as well and, to the extent that there was not a full recovery in the assets subsequent to 2007, the investment losses would reduce or negate the effect on minimum required contributions brought about by the reduction in benefits. In the previous section I have indicated in broad terms what would be needed in order for the deficit to be eliminated by the end of 2011. I question, however, whether that is an appropriate strategy for the plan. The underlying assumption seems to be that, once the deficit is eliminated that will be the end of it. But, in the long term, that will inevitably not be the case. The traditional view of funding a pension plan on a long-term basis is that you set up a mathematical model of the plan and establish a funding target based on reasonable assumed long-term rates of investment earnings, salary increases, retirement rates, death rates and so on. Periodically the current funding target (which has always been misleadingly called the "liability") is recalculated and compared to the current assets in the fund to see if the funding is "on target". The assumptions used to calculate the target are periodically readjusted to reflect actual past and expected future experience. Typically, the interest rate used in setting the target tends to drift upwards in times when general investment earnings have been high and are expected to remain high for at least the near future and the assumed interest rate tends to drift downwards when future investment earnings are expected to be lower, at least in the near future. By constantly checking the funding target against the assets in the fund and adjusting the contribution levels to reflect actual past and expected future experience, the objective is to ensure that there is always enough money in the plan to provide current benefits and to provide future benefits by the time they eventually become due. In this process it is unavoidable that the funding will seldom be exactly on target due to short-term fluctuations, but the intention is that the periodic adjustments that are made will redirect the actual funding back towards the target level, and smoothing out the short-term fluctuations will be accomplished over the longer term. Overlaying this process are the legislated rules. The Provincial rules mandate immediate accelerated funding to at least minimum levels whenever the assets are under the funding target to any degree and the Federal rules mandate a temporary reduction in contributions whenever the assets have exceeded the funding target by "too much". Rather than focusing on trying to eliminate the deficit in some arbitrary fashion over a short period, I think the focus should be on developing a long-term funding strategy or policy which sets out the parameters of what adjustments would be made when certain funding levels are reached in the future. The types of questions that would be considered are: 1. What is the intended long-term average total cost of pension benefits as a percentage of pay that can reasonably be supported by the employer and the employees and what is the maximum temporary contribution level that can be tolerated beyond which some benefit adjustments must be made? 6/7 Ms°o cam' 211 June 26, 2008 Terrence L. Totten, FCA 2. What is the desired long-term average level of the employer to employee contribution ratio? 3. After accounting for the legislated funding requirements, what are the trigger points in the funding ratio at which adjustments to benefits (either up or down) and/or further adjustments to contribution levels (either up or down) are to be made? 4. When benefit adjustments are triggered, what are considered to be the core benefits and what are considered to be those that are to be adjusted first (either upwards or downwards) to bring the plan back into the acceptable range of the funding ratio? 5. When adjustments to the contributions are triggered, over what period will the adjustment apply, what proportion of the adjustment will be employer versus employee contributions, etc.? In setting out the funding strategy, it may be desirable to do an asset liability study in which future cash flows under various scenarios are looked at and the sensitivity of projected future funding levels to changes in various parameters is tested. One thing that might be of concern is the degree to which the plan membership is a "closed group" in the sense that future hiring patterns are not expected to keep the age/service profile of the active membership similar to what it is today. An implicit assumption in the current valuation model is that the profile of the active membership will remain relatively constant into the long-term future. If this turns out not to be the case, how will the change in the cost of the plan be anticipated and handled? The foregoing considerations have revolved around the funding of the plan as opposed to the accounting costs that are reflected in the City's financial statements. In general, these two things are not the same and a review of how, and under what accounting rules, the plan is being accounted for may be in order. Please let me know what further information you may need concerning the matters discussed in this letter. 717 ~OBECO 212 ,°-6 468 0548 M orneau Subeco 15 11 58 06 20.2006 215 MO EAU SOBECO June 20, 2006 CONFIDENTIAL Terrence L. Totten, FCA City Manager P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Totten: RE: Reducing Costs in the City of Saint John Pension Plan CSJP.0001 In a letter to you dated January 24, 2005, I discussed various possible benefit changes that could be made to the City of Saint John pension plan to reduce costs and I gave an estimate of the amount of cost reduction for most changes. You have asked that I reconfirm the points made in my January 24, 2005 letter concerning the possibility of cost reduction in the plan. I have repeated below the relevant possible benefit changes listed in my January 24, 2005 letter, starting at the bottom of page 2 of that letter. I have updated the estimates of the effect on going concern valuation costs as of December 31, 2005 of the various plan changes. It is important to note that The estimates of the effect on costs of the various changes are "order of magnitude" estimates only and are intended only to give you a rough guide as to the size of cost reduction you might expect for a given plan change and to enable you to rank the various possible changes against each other to determine which would have the greatest to least effect on plan costs. These rough estimates assume that the valuation is based on a net investment earnings assumption of 6.86% per annum in conjunction with the GAR94@2000 mortality table and a 3.0% per annum salary increase assumption, as outlined in my June 15, 2006 letter to Andrew Beckett. A proper costing of the actual effect on costs of any proposed plan change would have to be done before the change was put into effect. Possible Plan Changes to Reduce Costs The Pension Benefits Act (and your plan text) prohibits the reduction of the basic normal retirement benefits which have accrued to the date of the change in benefits. You are, however, allowed to reduce such ancillary benefits as subsidized early retirement benefits or disability benefits that are not already in payment or to which the member has not already become entitled. You are also allowed to reduce the benefit formula for normal retirement benefits that accrue in the future. What this means for the City of Saint John plan is that the following benefits could theoretically be reduced. (60020 CS111 Huninwc DeFiclt l'Ixllate doc HUMAN RESOURCE CONSULTING AND ADMINISTRArrvE SOLUTIoNs C44ary • Dn Mama • Fredrnrmu - HArar - Ha ubag • Landon • .Wonrrral • Pinball • QuAre + A foh O • Tomrar • VamuuKr www.ma raeauseb ec o. com We= MCC. surtc 050 520 King Srtrer Frr&ncton ND E313 6C3 rel.. 506 458.90!31 • fax- 906458.954E 213 6nG 456 9548 Momeau obeco 15 12 31 06-20 2606 3/5 June 20, 2006 Terrence L. Totten, l~CA Under the current plan provisions an employee whose age plus pensionable service is greater than or equal to 85 can retire with an unreduced pension. ('T'here are other unreduced retirement benefits available to certain long service police and fire and female members but this applies to few people.) Such subsidized early retirement provisions can be reduced or removed for future retirements. We estimate that eliminating the "Rule of 85" early retirement provision would reduce the going concern liability by about $44 million and the annual current service cost would be reduced by about $1.7 million, or about 3.5 percentage points as a percent of payroll. Such a change in plan provisions would also reduce the solvency deficiency. It is allowable to reduce or eliminate the indexing with respect to pensions earned for future service. Currently, pensions accruing with respect to future service are indexed at 2% per annum. Eliminating the indexing on future benefit accruals would reduce the annual current service cost by about $1.5 million, or about 3.1 percentage points as a percentage of payroll. Since the decrease would apply only to future benefit accruals the solvency deficiency (which is based only on benefits accrued to date) would be unaffected. In item 2 above I have said that reducing the indexing formula on future benefit accruals is allowed. There is some question as to whether it would also be allowed with respect to benefits already accrued for active members and/or benefits already being paid to pensioners. Since reducing the future indexing on benefits accrued to date does not reduce the accrued benefit itself, I would argue that the Pension Benefits Act would allow it. But I believe that the Superintendent of Pensions might interpret the Act to disallow such a reduction on the basic lifetime pension accrued to date. If such a reduction were allowed it would reduce the going-concern liability and the solvency deficiency. 4. The normal form of pension is currently a joint and survivorship pension for members with a spouse. Changing the normal form to a "single life with five year guarantee" basis for future retirements would reduce the going concern liability by about $15 million and the current service cost by about $0.8 million, or about 1.7 percentage points as a percent of payroll. The solvency deficiency would be reduced as well. 5. The current basic pension is based on earnings averaged over three years. The averaging period could be lengthened for future benefit accruals. This would have the effect of reducing future benefits and would lower the annual current service cost somewhat, depending on how much the averaging period is lengthened. The solvency deficiency would not be reduced by such a change. Lengthening the averaging period from three to ten years with respect to future benefit accruals would decrease the annual current service cost by about $1.1 million, or about 2.3 percentage points as a percent of payroll. 6. The change in the averaging period contemplated in item 3 above is from three to ten years but the plan would still be a "final average earnings" plan which requires a projection of salaries in the going-concern valuation. A more drastic change in the formula for future benefit accruals would be allowed; the formula for future benefit accruals could be changed 214 MS B F 214 5(`6 458 9544 Morncau Sobecu 15 13 06 06-20-2006 4 15 June 20, 2006 Terrence L. Totten, FCA from "final average" to "career average". Thus, the benefit for service after the change date would be 2.0% of the average earnings since the change date rather then 2.0% of the final three year average salary as it is now. The pensions accrued to date on a final average formula for past service would be "frozen". This would not reduce the solvency deficiency (because the accrued pension at the valuation date would not be reduced) but it would significantly lower the going-concern liability and the annual current service cost. The going-concern liability would be reduced because there would no longer be a projection of earnings with respect to benefits accrued to the change date. The accrued benefits for past service could be retroactively increased to a final average basis from time-to-time in the future, as growth in the pension fund permits. The reduction in the going-concern liability would be about $44 million and the annual current service cost would decrease by about $2.5 million, or about 5.2 percentage points as a percent of earnings. The 2.0% of final average earnings benefit accrual rate could be reduced for future benefit accruals. Reducing the accrual rate for future accruals to 1.9% would decrease the annual current service cost by about $0.4 million, or by about 0.8 percentage points as a percent of payroll. Reducing the accrual rate to 1.7% would reduce the annual current service cost by about 3 times as much. It would also be possible to have the reduction in the benefit accrual rate for future service apply only in respect of the pensions payable after age 65; that is, the benefits for future service could be approximately integrated with Canada Pension Plan benefits. Since the formula for service prior to the change would still be based on 2.0% of final average earnings, these changes in the final average earnings benefit formula for future service would have no effect on either the going-concern liability or the solvency deficiency. 8. The disability provisions of the plan could be removed. This would reduce the going- concern liability by about $7 million and the annual current service cost by about $0.4 million, or about 0.8 percentage points as a percent of payroll. The solvency liability would be unaffected. 9. An non-indexed, level dollar cap on the pension for future retirees could be reintroduced. "Freezing" the current indexed cap at its current level for all future retirements would decrease the going-concern liability by about $8 or $9 million and the annual current service cost by about $0.5 million, or about 1.0 percentage point as a percent of payroll. It would not affect the solvency liability. Such a non-indexed limit on future pensions has the effect of limiting the projection of the benefits for the average plan member and thus prevents the proper funding of future final average benefits for the average plan member. If it the intention to maintain final average pensions this defeats that, although if introduced on a temporary basis it would reduce funding requirements. Discussion I have outlined benefit reductions that could theoretically be done within the rules of the Pension Benefits Act. It would be possible to make such benefit reductions apply only to retirement or terminations which take place more than, say, three or some other number of years after the valuation date. Retirees or terminations happening within that period would be unaffected. Such a deferred change would not produce the full cost savings that would be produced by an 314 sOBECO 215 5n6 45 8 9548 M arneau SobeGo 15 13 53 06-20-2006 515 June 20, 2006 Terrence L. Totten, FCA immediate reduction in benefits but there would still be cost savings reflected in the valuation. The idea or hope would be that before the time the reductions would start taking place there would be a sufficient recovery that the reductions could be restored and ultimately no retirees are affected. There would be no guarantee that this would happen though. There are not many allowable changes that would reduce the solvency deficiency. Only the changes described in item 1 (remove or reduced subsidized early retirement) and item 4 (change the normal form of pension) above would do so, with the possible additional change of the removal of future indexing on accrued pensions (item 3) if it were to be allowed. We have not done costings of the effect of the changes described in items 1 and 4 on the solvency liability. However, the reduction on the solvency liability should be somewhat more than the reduction in the going concern liability, possibly up to 10% more. Making the changes noted in both items 1 and 4 together would not reduce the solvency liability enough to eliminate the solvency deficiency. Please let me know what further information you need concerning the matters discussed in this letter. Yours truly, Fie erick G Lewis Principal 414 MSO ECCO 216 The City of Saint John His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: TERMS AND CONDITIONS OF EMPLOYMENT- A DRAFT DOCUMENT As Council is aware, Monday, October 20`x', 2008, was or at least should have been, a very significant day for Common Council and the citizens of Saint John. On that particular day, Council hosted a ceremony and reception celebrating the start of the feel Plaza project; an investment of 90 to 100 million dollars by both levels of Government. That evening Council received and approved an action plaza for Safe, Clean Water, requiring an anticipated investment of $250 million dollars by all three levels of Government. Finally, Council received a presentation dealing with setting a path forward to update the City's Municipal Flan. All three of these items demonstrate concrete steps being taken by the current Council on implementing their priorities. One would have thought that these initiatives would have captured the interest of the local media and would have been the subject of coverage for the entire week. Not so. Instead, the print media decided that the most significant issue facing this community was a draft of a document entitled "Torus ane Conditions o Em to meat: Mana ernent/Pro kssiunal Personnel " and in particular a section entitled Sick Pay. During this past week this document was the subject of front page coverage on at least three different days and at least one Editorial. This is simply more of the same that staff has grown to expect. Whenever Common Council takes concrete steps to move forward in a positive fashion on implementing community priorities, it would appear that there is a concerted effort by the print media to ignore Council's efforts and focus o items that are of an administrative nature and are still going through a review process. The result is that during what should have been a great news week for our community, we have elected officials, staff members, consultants, citizens and officials in other cities all being pursued by the local print media in order that the next day's story can run with the "required quotes", or the "uninformed reaction" or perhaps even "inappropriate comparisons." All of this might sell newspapers, but it in no way reflects the facts of what transpired. For the record, the facts are as follows. 217 Report to Common Council Subject: Terms and Conditions of Employment - A Draft Document Page 2 o Common Council requested this document be prepared by way of resolution dated April 23, 2007, and a subsequent resolution in November 2007. A Council resolution required that a Human Resource Agency be engaged.. d The document was recently completed with advice from SPL Human Capital Resources and Leudy Consultant, as contemplated in the direction provided to staff by Common Council. Staff's primary responsibility is to Common Council of the City of Saint John. As such, when the document was presented to the City Manager, he determined that the document compiled by staff from the advice provided by the two consulting firms should be discussed with Council prior to it being distributed to any staff members for individual comment. • The Terms and Conditions document was not recommended by the City Manager for adoption. Instead, the recommendation was that the City Manager be authorized to distribute the draft document and that a final report be made on October 27, 2008. O The City Manager's recollection is that Council spent less than ten minutes on. this item and concerns were expressed with some provisions. Council's review of the document at the time was superficial at best. « The City Manager acknowledged the concerns and undertook to verify some of the information and report back to Council. No further action was taken. Unfortunately, the media has reported that the document was received from a confidential source. It is most unfortunate that the City Manager is not able to seek the collective advice and wisdom of Common Council on personnel issues. The fact that there are eleven elected officials from different wards, with varied backgrounds and representing the views of the community, should provide staff with an effective sounding board. It is the City Manager's view that the releasing of a draft document before Council was able to adequately provide their input was a disservice to Council. Not only was Council unable to become fully informed of the rationale behind some of the suggestions in the draft document or to hear from the consultants, it resulted in the print media all but ignoring Council's actions on a number of their key priorities. In any event, it is staff's intention to make arrangements for the outside professional expertise that provided advice to City staff to coarse to Saint. John and provide a teach-in to Council on the more significant items in the draft document before any further action is taken. At the same time, staff will be much more sensitive to seeking the input of Council on personnel items as part of any process so as not to distract from much more significant priorities. 218 Deport to Common Council Subject: Terms and Conditions of Employment - A Draft Document Page 3 RECOMMENDATION: That this report be received and filed and Council direct staff to arrange for a teach-in on the Terms and Conditions of Employment, such teach in to be provided by one or both of the professional firms engaged tq f6vidc advice on this subject. submi CITY MANAGER 219 ~ w o G,~~ M&C #2008 October 23, 2008-320 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: LV w SII CT: BILL 12 AN ACT TO END THE WORKER'S COMPENSATION ACT G tl 4ft o b.,y The acy oP t john Bill 12, an Act to Amend the Worker's Compensation Act of the Province of New Brunswick has now received third reading in the Legislature, and is law. This legislation, which increases Worker's Compensation benefits to firefighters, has significant financial implications to the City of Saint John. Essentially, Bill 12 will provide Workers Compensation benefits for life to current and past firefighters who fall prey to a variety of stipulated illnesses and medical conditions. At this point, the supporting regulations have not been released by the Province. The issue that should be of concern to Common Council is not the appropriateness of the legislation. Staff's understanding is that most other Provinces have adopted similar legislation. Council's concern should be that of process. Council should question how legislation could be adopted that, in the City of Saint John's case, imposes an additional cost of more than $330,000 per year for as long as seven years without consultation. It is one thing to consult with those employed in the fire service and with medical professionals; it is another thing to consult with those who are being asked to pay the bill. RECOMMENDATION- That Common Council write to Minister Doherty, with a copy to the Premier, indicating Council's displeasure with the process that was followed with respect to consultation on Bill 12, and to further advise the Minister that the City of Saint John is not in a position to simply drop an additional $330,000 into its operating budget for 2009; and that the Minister take whatever steps available to him to prevent this unanticipated additional cost from being borne by municipalities. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER 220 'L Totten, Ter From: Cities of New Brunswick Association [cities@rogers.com] Sent: Thursday, October 23, 2008 6:59 AM To: Jennifer Goodine Fredericton; Andre Doucet Bathurst; Brad Woodside Fredericton; Brenda Letourneau; Bruce Macintosh Campbellton; George LeBlanc Moncton; Gerry Cormier Miramichi; Graham Wiseman Bathurst; Greg Davis Campbellton; Court, Ivan; Jacques Martin Edmundston; Jean LeBlanc Dieppe; Jim Lamkey Miramichi; Jody Dallaire Dieppe; Kathryn Barnes Moncton; Marion Greffiere Edmundston; Mary Cameron Miramichi; Nicole Doucet Dieppe Admin; Nicole Poirier; Pam Hargrove Fredericton; Woods, Pat; Paul Stapleton Fredericton; Rupert Bernard Miramichi; Scott McConaghy Fredericton; Beckett, Andrew; Marion Campbellton Manager; Totten, Terry; Chris MacPherson Fredericton; Barb Quigley Moncton; Betty McLeod Moncton; Gormley, Elizabeth; Lola Doucet Bathurst; Maria LeBlanc Dieppe; Monique Cormier Campbellton Subject: update on Bill 12 and Resolutions Bill 12 Amend legislation to cover presumptive illness for firefighters. In NB, the workplace safety commission is trying to assign the expected costs of future payouts onto municipalities and Local Service Districts with a front end load of $1650 per firefighter per year ( whether paid, volunteer, full or part time ) for the next seven years. The impact of this on municipal budgets is massive and imminent ...in the next few months this will be imposed. The impact on smaller communities and unincorporated areas will be more widely felt as the impact will be both financial as well as social as the fire hall is often the outlet for most community events. At $1650. per firefighter many communities will not be able to afford to have a force. It is my understanding that NB is the only Province, of the 6 ,Aft this legislation, to pass potential costs ( as determined by an actuarial ) onto municipalities. After our conference call this week I spoke with the Premier's office, Minister Doherty's office and Local Government. It became apparent that our reaction to the costs of this legislation has been noticed and that the other Associations and the NB Association of Fire Chiefs (NBAFC) have also indicated that they cannot support the current strategy. While no one arues the merits of the legislative changes and no one disputes the need for firefighters to be covered, we do not support the downloading of costs onto municipalities. Minister Doherty's office indicated that as there was such a strong municipal reaction to the planned changes they have asked the dept of LG to take the lead on the file. In discussions with Stephen Battah from LG it was indicated that they have made the Premier aware of our position and LG is organizing a meeting for late next week or early the following week with Departments and Executive Directors. 221 REPORT TO THE CITY MANAGER 22 October 2008 SUBJECT: City of Saint John 2009 Workers' Compensation Costs AIM To provide an update on factors shaping the City's 2009 Workers' Compensation premium. BACKGROUND Bill 12, an Act to Amend the Workers' Compensation Act of the Province of New Brunswick, has now received third reading in the legislature, and is law. This legislation, which increases Workers Compensation benefits to firefighters, will have financial implications. It is our understanding that the 2009 WC experience-based rate for the City of Saint John will be announced by November 7th. ANALYSIS Workers' Compensation Rate 2009 The basic rate for the Municipal Government Group will be increasing from $1.88 to $2.09 for every $100.00 of assessed Payroll. This is based on accidents in the Municipal Sector and is not related to the increased coverage for firefighters. The $2.09 rate is reflective of the experience factor. Application of the experience rating system could yield a performance-based variance of 80%. Consequently, the City's rate could vary in the range of $1.25 to $3.76. Given that our rate last year was $2.12 ($1,027,491) and our performance in 2007 deteriorated, our rate for 2008 should be about $2.35. The City implemented the 5*22 Safety Management System in 2008, resulting in a dramatic reduction in our accident frequency and severity. If sustained, enhanced safety performance will ultimately reduce Workers' Compensation premium expense. It must be noted that the full benefit of the 5*22 will accrue over the next three to five years. Our experience-rating for next year is based on 2005-2007, during which time the 5*22 system was under development. 222 Bill 12 Although not yet proclaimed, Bill 12 is law and will affect the City's 2009 WC premium expense. The consequence will be an increase in premium costs above our no al assesslnent.. The supporting regulations have not been released by the Province. Upon it reading, the S (now ors e conducted independent actuarial review of the potential additional Cost o Claims arising o this legislation. That actuarial review conclude that the Net Present Value of the additional benefit i the Province of New Brunswick is $31,200,000. The client base served by this benefit includes 500 full time professional firefighters and 3,800 part time firefighters i various departments across the province. Unlike other costs, which are normally distributed across the entire base of employers participating in the Workers' Compensation System, the costs associated with ill 12 will be allocated only to those employers with a re service, essentially to the municipalities. The full premium associated with the $31,200,000 benefit will be retired over period of 8 years, beginning i 2009, an ending in 2016. The premium per firefighter per nu will be $1,650. This is additional premium that is not reflected i the $2.09 rate and will not be a experience rat premium. Moreover, the actuarial review determined that the annual residual cost o this benefit after 2016 will reduce to $2. million, or $660 per employee. It appears that consultation with stakeholders with respect to this matter was limited. CONCLUSION The change represented by ill 12 will carry significant additional costs to our organization in terms of Workers' Compensation premium. Based on 200 firefighters eligible for coverage, the total additional premium payable by the City annually o 2009 to 2016 will be $330,000. 2A Also we have projected a 10% increase in our assessment which is approximately $100,000. Given the above, our premiums will probably increase by $430,000 in 2009. Shortly after November 7 we will confirm these costs. RECOMMENDATION It is recommended that we commit to constantly monitor the 5 *22 system and the Return to Work Programs. These systems have been initiated but must be taken to the next level if we are to achieve the projected outcomes. SOURCES INPUT FROM OTHER Information used in the preparation of this report was provided by r. Claude Savoie, Manager of Assessments, orksafe N. Submitted by: Peter Morgan Manager, Safety and Policy John McIntyre Manager, Human Resources 221 2L'~ Bill 12 - An Act to Amend the Workers' Compensation Act BILL 12 An Act to Amend the Workers' Compensation Act Pagel of 3 Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows: 1 Section X of the Workers' Compensation Act, chapter W-13 of the Revised Statutes, 19 73, is amended (a) by repealing the definition "member of a municipal volunteer fire brigade Y (b) by adding the following definition in alphabetical order: "member of a volunteer fire brigade" means a person whose membership has been approved by the chief of the fire department of a municipal corporation, commission, committee or other municipal body, rural community, local service district or other local authority; (membre d'un corps de pompiers volontaires) (c) in the definition "worker" by repealing paragraph (b) and substituting the following: (6) a member of a volunteer fire brigade, and 2 Section 81 of the Act is amended (a) in paragraph (e) by striking out "and" at the end of the paragraph; (b) in paragraph (fl by striking out the period at the end of the paragraph and substituting a comma; (c) by adding after paragraph 09 the following: (g) prescribing diseases for the purposes of subsection 85.1(2), (h) prescribing conditions and restrictions applicable to the presumption established in subsection 85.1(2), which conditions and restrictions may vary for different persons or categories of persons, and (i) establishing minimum periods of employment as a firefighter for the purposes of subsection 85.1(3), which periods of employment may vary for different diseases or categories of diseases. http://www.gnb.ca/legis/bill/file/56/2/bill-l2-e.htm226 10/22/2008 Bill 12 - An Act to Amend the Workers' Compensation Act Page 2 of 3 3 The Act is amended by adding after section 85 the following. Presumptions respecting firefighters 85.1(1) In this section, "firefighter" means a paid member of a fire department or a member of a volunteer fire brigade. 85.1(2) Where a worker who is or has been a firefighter suffers from a disease prescribed by regulation, the disease is presumed to be an occupational disease arising out of and in the course of employment as a firefighter, unless the contrary is proven. 85.1(3) The presumption in subsection (2) applies only to a worker who has been employed as a firefighter for a minimum period established by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period of employment. 85.1(4) Where a worker who is a firefighter suffers an injury to the heart within twenty-four hours after attendance at an emergency response, the injury is presumed to be an accident arising out of and in the course of employment as a firefighter, unless the contrary is proven. 85.1(5) The presumption in subsection (2) is subject to conditions and restrictions prescribed under paragraph 81(h). COMMENCEMENT 4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation. EXPLANATORY NOTES Section 1 (a) The existing definition is as follows: "member of a municipal volunteer fire brigade" means a person whose membership has been approved by the chief of the fire department of a municipal corporation, commission, committee, body or other local authority; (membre dun corps municipal de pompiers volontaires) http://www.gnb.ca/legis/bill/file/56/2/bill-12-e.htm227 10/22/2008 Bill 12 - An Act to Amend the Workers' Compensation Act Page 3 of 3 (b) New definition. (c) The existing definition is as follows: "worker" means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes... (travailleur) (6) a member of a municipal volunteer fire brigade, and Section 2 (a) Consequential amendment. (b) Consequential amendment. (c) New provision. Section 3 New provision. Section 4 Commencement provision. http://www.gnb.ca/legisibill/file/56/2/bill-12-e.htrn 228 10/22/2008 M&C2008-312 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: lei w, I Th, Utl~ UL i-11n, SUBJECT: HEATHER WAY NEIGHBOURHOOD TRAFFIC CALMING PLAN BACKGROUND On September 30, 2008 a pedestrian on Heather Way was hit by a vehicle and killed. This incident and community feedback expressing concerns of vehicles speeding on this City street has made the Heather Way Neighbourhood Traffic Calming Plan a priority. The Institute of Transportation Engineers describes the term Traffic Calming as a "combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behaviour and improve conditions for non-motorized street users". Traffic Calming is typically used to reduce the speed or volume of vehicles on neighbourhood streets to levels intended, thus improving the safety of pedestrians, cyclists, vehicle occupants and quality of life for the neighbourhood. The City of Saint John does not yet have a policy to guide the application of Traffic Calming in the community, which is recommended by national guidelines. Other Canadian municipalities have developed such policies, typically based on the Transportation Association of Canada's (TAC) Canadian Guide to Neighbourhood Traffic Calming. Since a re-organization in the Municipal Operations and Engineering Department earlier in 2008, resulting in the inception of Pedestrian and Traffic Services and a more coordinated approach to vehicle, pedestrian and active modes of transportation, the benefits of a City of ,Saint John Neighbourhood Traffic Calming Policy have become apparent. This need has been confirmed by requests from several City neighbourhoods to address concerns of vehicle speed or volume. Development of this policy for guiding individual neighbourhood plans has commenced, which is to include establishing the criteria for the need for a plan for a neighbourhood, identifying the appropriate traffic calming measures for a specific area, ensuring a coordinated approach to managing vehicular speed with The Saint John Police Force, obtaining feedback from emergency and operational services, and including the neighbourhood in developing the plan. Although the recent event on Heather Way is tragic, it has emphasized the need for a Traffic Calming Plan for this neighbourhood as a pilot for the development of the Policy and to implement a timely and effective response for this community. 229 M & C 2008-312 October 23, 2008 Page 2 ANALYSIS Initial Investigation Staff has completed an investigation necessary to establish a preliminary Neighbourhood Traffic Calming Plan for Heather Way. This investigation included: • A site visit to become familiar with the layout of Heather Way • Identification of Heather Way's function in the City's transportation system • Initial identification of specific traffic calming measures applicable for Heather Way • A second site visit to decide on the applicable measures and the best locations for these measures • Collection of vehicular speed and volume data • Coordination with The Saint John Police Force Heather Way's Function in the City's Transportation System Heather Way is a four lane street with the two northbound and two southbound lanes divided by a boulevard. It acts as a connector between Hickey Road to the north and Grandview Avenue to the south. It has a current speed limit of 60 KM/H. The width and boulevard style of Heather Way is conducive to a more arterial-type street. However, it has many connecting residential streets for its length and is bound by Hickey Road to the north, which is not an arterial street and contains a school (Simonds High School). Improving the layout of the street would more closely match its combined function as a connector street and access street for a neighbourhood. Measured Vehicle Speeds Staff measured the speed of vehicles traveling along Heather Way between October 8 and October 14, 2008 using equipment placed across all four lanes of traffic at a location near the intersection with Eagle Boulevard. The data were then compared against the posted speed limit of 60 KM/H. The data support the community's concern of speeding vehicles. The average speed of through- traffic was measured at 65 KM/H, 5 KM/H over the speed limit. Seventeen percent (17%) of vehicles were traveling 75 KM/H (15 KM/H over the speed limit). Staff believes the average speed of vehicles measured during the October 8-14 study was lower than what would have been observed prior to the September 30 accident and what would be expected in the future without intervention. The recent accident and the presence of police in the area have contributed to lower vehicle speeds during the study period. 230 M & C 2008-312 October 23, 2008 Page 3 Preliminary Traffic Calming Plan A preliminary Traffic Calming plan for Heather Way has , been developed based on the preliminary investigational work, which includes short term and long term phases. The primary components of the short term phase of the current plan include the following: • Installation of Speed Humps in several' locations along Heather Way in the Spring of 2009. The current plan is to use Speed Humps made of recycled ribber that can be attached to the street surface. These temporary Speed Humps are easily installed A Speed Hump is a wised area of a roadwav, tiich deflects the heels and and easily transferred to other locations. frame of a vehicle. Thee are a Nvider • Reduction in the speed limit on Heather Way version of a "speed bump" often found in from 60 KM/H to 50 KM/H following a parking lots. Their main purpose is to reduce vehicle speed. Figure from Traffic By-law amendment. Nvvvyv.trafficlo14ix.com. • Installation of regulatory signs, including changed speed limit signs and signs to caution motorists of the Speed Humps. • Installation of custom signs meant to encourage motorists to comply with the posted speed limit. The primary components of the long term phase of the preliminary plan include the following: • Closure of the two north-bound or the two south-bound travel lanes of Heather Way to reduce the wide street surface. The result will be a two lane street, which is more typical of a residential street. An opportunity to convert the two closed lanes into a shared pedestrian-bicycle path and/or community spaces would be presented. • Replacement of the installed temporary Speed Humps with permanent ones made of asphalt on the two lanes still available to motor vehicles is an option if they are proven effective in reducing vehicle speeds. Coordination with The Saint John Police Force Coordination with The Saint John Police Force's Traffic Division continues to be key. Although they do an excellent job enforcing the riles of the road, including posted speed limits, they cannot be everywhere all the time. Staff is working with Police in the development of this plan and will continue in the future in a coordinated approach to controlling vehicle speeds in City neighbourhoods. Emergency and Operational Services Input Emergency and operational services, including Police, Fire, Ambulance, Transit and Works can be impacted by the installation of some traffic calming measures. Feedback from these services is recommended with implementation with these plans. Staff is in the process of seeking input for the Traffic Calming policy and soon for the Heather Way plan. 231 M & C 2008-312 October 23, 2008 Page 4 Neighbourhood Input Neighbourhoods have an important role in the development of these traffic calming plans. The surrounding community knows the issues best and can therefore be an important partner in ensuring the best traffic calming measures are implemented. Staff and The Saint John Police Force plan to organize a coordinated session over the coming weeks with the residents of the Heather Way area to receive input from the community on the preliminary plan and incorporate feedback into the plan where possible. Impacts of the Plan on Other Neighbourhoods Neighbourhood Traffic Calming Plans cannot be developed in isolation from the larger transportation network. Staff expects that with the installation of traffic calming measures on Heather Way, specifically the installation of the Speed Humps and the reduction of the speed limit, some traffic that use Heather Way as a through-street between Hickey Road and Grandview Avenue will shift to Champlain Drive instead. Staff is aware of concerns of speed and volume of vehicular traffic in Champlain Heights and the need for a plan for this neighbourhood will likely result in the future. FINANCIAL IMPLICATIONS Given the preliminary status of the Heather Way Neighbourhood Traffic Calming Plan, a precise estimate to implement the plan has not yet been established. The most significant cost of the short term phase for the plan would be the purchase of the temporary Speed Humps, estimated at approximately $14,000.00. Other costs for the short term plan will include the cost of the community input session, purchase and installation of signage, installation of the Speed Humps and work needed to develop the Plan. An accurate estimate of the components of the long term phase cannot be provided at this time. RECOMMENDATION Staff recommends that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 232 Tuesday, October, 21si / 2006 Your Worship and Members of Council: For many years I have been a strong advocate for people with disabilities. As such, I have unfortunately witnessed first-hand the social, physical, and attitudinal barriers that are still present in our community today. For almost twenty-five years, I have had the opportunity to speak to countless families that have similar concerns. If people in the Saint John community (including our civic leaders) believe that employment, accessibility, and housing are adequate and equal for people with disabilities, then they are sadly mistaken and/or misinformed. According to Statistics Canada, 2006, New Brunswick has the second highest disability rate in Canada (17.2%). Do you believe that our Community is representing this population fairly? To say that it is extremely difficult for people with disabilities to access employment, enter buildings (mobility impairments) and find accessible housing is a huge understatement. These are three major issues that must be thoroughly examined and addressed within our community. First and foremost, obtaining sustainable employment for people with disabilities is, in my opinion, extremely difficult without the cooperation of existing businesses. Our City has to set an example for all existing businesses to follow by acting as a role model for hiring people with disabilities; this is something we are not presently doing. Does the City's workforce closely reflect the current diversity of the population in the community, including citizens with disabilities? Many businesses are not accessible, nor are they interested in hiring people with a disability. Community awareness is low. Even with a post secondary education and efforts to maintain University students in Saint John, people with disabilities are often not considered for job positions. I look forward to hearing how the City of Saint John Council will act upon the stated priority of "establishing a clear mandate for accessible workplace for the disabled." Secondly, physical accessibility into buildings/businesses for persons with mobility impairments must be addressed. Many establishments claim to be physically accessible but often people with disabilities become aware only after they arrive that there are a few stairs existing in the entrance. How would you lift a two-hundred pound electric wheelchair/scooter into this building? How shall you ensure that all buildingsibusinesses tape the steps necessary to upgrade an existing/new facility and how shall you promote this accessibility awareness? As a case in point, the Lily Lake Pavilion was not originally designed for physical accessibility and subsequently held a Grand 233 Opening. People with mobility impairments attended and the entranceway was not only unwelcoming but a huge safety concern. On September 29/08, 1 attended the regular Council meeting. There were several opportunities that should have been used to address the rights of people with disabilities, especially the "Enhancement for Community Centres." Even though the Mayor and all Councilors were aware that the Community Centres that the City owns/operates are not accessible, not one Councilor had any accessibility inquiries. I certainly do not want my tax dollars going into facilities that do not consider the well-being of all its' citizens. Does the City believe that there is a legal responsibility to offer programs and services to people with disabilities? 'llllhat steps is the City taking to act upon the "Duty to Accommodate"? If these Community Centres are not accessible now and have never been, how many children and their families have been turned away from using these facilities because of inaccessibility and/or programming that is not adequate"? This is setting a poor example; our City should be ashamed. Recreational opportunities for people/children with disabilities in Saint John are also incredibly difficult to find and participate in. Able-bodied youth enjoy hockey, baseball, soccer, etc. Where are all the recreational opportunities for youth with disabilities in this City? You may choose to believe that these opportunities exist for people with disabilities but I know that they do not. Thirdly, another missed opportunity to speak on behalf of people with disabilities involved a recent "Affordable Housing" Presentation. Some Councilors are aware that meetings have already been held to address the lack of accessible housing in Saint John. Did it not make sense to anyone after this presentation to ask if there would be any houses and/or units constructed with accessibility in mind? Affordable housing and accessible housing should not be two separate issues. And so, after twenty-five years of advocating, we are tired of always being someone's afterthought and always being given the crumbs from the able-bodied population. We can no longer use the excuse that our City is unaware of the rights of people with disabilities. If everyone begins to view people with disabilities as an asset to our community, Saint John shall become a better place to live, learn, and prosper. These issues must become a major priority for the City. As a long time volunteer in our Community, I would be more than willing to work on these issues and I look forward to further discussion and action in the near future. Respecull submitted, Caren Kincade Saint John, NB (506) 696-1935 234