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1999-05-25_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at May 21, 1999. 1. Meeting called to order, 7:00 p.m., Tuesday, May 25, 1999 - prayer. 2. Approval of minutes (May 17, 1999). PUBLIC HEARING 3. 7:00 p.m. - (a) Proposed Zoning By -law amendment to re -zone a parcel of land at 111 -113 McAllister Drive, from "P" Park to "SC" Shopping Centre classification, to permit the second phase of the proposed McAllister Drive Plaza development, consisting of an approximately 16,400 - square foot strip shopping plaza, as requested by McAllister Drive Plaza Inc. (b) Report from Planning Advisory Committee re proposed amendment. PUBLIC PRESENTATION 4. 7:00 p.m. - Public presentation of proposed Municipal Plan amendment to redesignate on Schedule 2 -A, the Future Land Use Plan, a parcel of land located at 812 Grandview Avenue, from Low Density Residential to Heavy Industrial classification, to permit re- zoning of the property and construction of a maintenance garage on -site to be used in conjunction with the existing use of the property for the storage of construction vehicles, as requested by Thomas Construction Limited. 5. Mayor's remarks. *5A. Committee of the Whole report (May 17, 1999) — (1) re sale of Old General Hospital and nurses' residence sites. COUNCIL 6. Re payment of per diem rate to Council members attending FCM Annual Conference (Mayor McAlary). 7. Re former rail line at Keans Road and Duck Cove (Councillor Fitzpatrick). CITY MANAGER 8. Report re tender for Contract 99 -5, Phase VIII closure of Spruce Lake landfill. 9. Report re tender for personal computers. 10. Re Island View Home and School Playground Committee's request for funding. 11. Re Seawood School Playground Committee's request for funding. 12. Re Barry Ogden's request for naming of corner and more prominent signage on Marco Polo bridge. 13. Re Fundy Region Solid Waste Commission's intention to consider borrowing resolutions. 14. Re request of Greater Saint John Development Corporation, Inc. (Enterprise Saint John) to establish cash reserve. 15. Re request of Cornelius Bean's Cafe to place tables and chairs on sidewalk at 68 King Street. 16. Proposed Traffic By -law amendment re parking on Candlewood Lane. 17. Proposed Traffic By -law amendment re parking on Rosedale Crescent. 18. Re Establishment change, Corporate Services. 19. Re FCM's recommended resolution on municipal infrastructure in Millennium budget. 20. Re Application #1 - Business Park Development Incentive Program. 21. Proposed Street Closing By -law amendment re portions of Moore Street and Osborne Avenue. 22. Re proposed All Terrain Vehicles By -law. 23. Proposed re- zoning of property on McAllister Drive for proposed East Works Depot. COMMITTEES /COMMISSIONS 24. Committee of the Whole report (May 17, 1999) - (1) re sale of portion of former Cedar Point Road right -of- way; (2) re advertising agreement. 25. Planning Advisory Committee re street vesting 2484 Westfield Road and 30 Birchmount Road. 26. Saint John Development Corporation re election of Officers and 1998 Financial Statements for Corporation and Market Square Parking Garage. Page Two. COMMON COUNCIL AGENDA - as at May 21, 1999. GENERAL 27. Letter from New Brunswick Historical Society re proposed location of Imax Theatre. 28. Letter from Visit Canada Visitez project re interpretive walking trail in Rockwood Park. 29. Request of Gregory Lane residents for upgrading from private road to City- maintained road. 30. Letter from Kelly Carpenter re servicing of property at end of Carpenter Place. 31. Request of Kennebecasis Rowing Club for funding through L.R. Ross Memorial Fund for 1999 Atlantic Rowing Championships. 32. Letter from Saint John Free Public Library re 1999 Conference of the Atlantic Provinces Library Association. 33. Application of Fundy Bay Holdings Ltd. for re- zoning of Site 1, Latimore Lake Road. 34. Application of Brian G. Eisan for re- zoning of property at 225 St. John Street. 35. Letter from Dynamic Construction Co. Ltd. re Glen Falls property. COMMITTEE OF THE WHOLE - 4:30 p.m. 36. 4:30 p.m. - Hearing of appeal re denial of taxi license. 37. 5:00 p.m. - Hearing of appeal re taxi license. 38. 5:15 p.m. - Presentation by Local 771, IAFF, Saint John Fire Fighters' Association of Union grievances re (a) Lieutenant Albert Chenier; (b) Kevin McCarthy. 39. Re proposal to market surplus lands (Councillor Fitzpatrick). 40. Re Internet access (City Manager). 41. Proposed Establishment change, Corporate Services (City Manager). 42. Re proposal call for Red Rose Tea and Drury Lane parking lot sites (City Manager). 43. Re Mercantile land lease matters (City Manager). 44. City Manager's update. 45. Mayor's update. Car's (Office �; Saint 2Ja4n, , - P- PROCLANdATION WHEREAS: the municipality of Saint John is committed to assisting citizens with disabilities to participate fiilly in the resources of our community; and WHEREAS: many persons with disabilities currently face barriers in the areas of housing, employment, transportation, recreation, education, and communications; and WHEREAS: citizens with disabilities of any type have aright to lead meaningful and independent lives NOW THEREFORE: 1, Shirley A. McAlary, ke Mayor of the City of Saint John, do hereby proclaim ay 30 -- A446 5, 1699 as " i,&iTY AWARENESS WEEK" in the City of Saint John and request the citizens to join with our Council in recognizing persons with disabilities and their potential role in our community. IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 41-1 • (506) 658 -2912 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, May 17, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of the Old General Hospital and Nurses' Residence sites on Waterloo Street, identified on the submitted plan as NBGIC Numbers 55048334, 14514,13326, 14522, 14530, 16105, 16113, 16121 and 16139, to Matrix Management Inc., for the purchase price of $650,000 plus HST if applicable; the closing date be on or before June 30, 1999, and the Mayor and Common Clerk be authorized to execute the deed. Tuesday, May 25, 1999, Saint John, N.B. Respe ully submitted, 4 Shirley =Alary, Chairman. 01 - Al CP SIP k' • � ° ° P o �y Op •. tb�° 4°° f ° °� * s t$ °� ► S l * s ,tb ° °o �� ♦'+ ` °, t ° '8{ ; '�a ��} ° tJ $/ °p °¢ °o° y + a *4Q 4C` t .7�„° oaD la7s 7 L. d. c, , ♦ � fr!c�,A 00 NfYlNS tt l 0 � kL/ Pvvaw4 00018655 ib 00016930 41,1 +�� °�`' `?- •°�?r.�, � _.�� + ooan,l7 000)1730 � D00u,2s °pp Q /('' eo°�r' 00017774 00013137 000 2 6 x a p 4 °O {�� 000131/1 - DOOIZ708 D0016063 ,� 00013750 0 , Pv6014. 00073458 • 00012690 ' p °p 00017687 YL' 0 0015863 m 70. l� ..#I i ^ P 00017671 00013474 n - ),� 00973487 po °0 1lne7v lstg77r ° i 5 # ) • * , °°!r °u SSp� °7Z3 � � ) 00013490 p N PPalxnsl � ,f 00 , o � � r 00013 O _ Q -IF � � D0o1s735 � ° 0001jSaf 35117476 � 'r I ~ y ` 53117668 9004""' °0p��s °° °7,�8j+ 06 ,9C/' + J7 00017641 01346 �/ f r x °Op7 0p0j75SJ a 1■ 1 1h pp J ° °��Dv- "'So" 000 8 ♦ ! Ir o o , Y 1•xuy f 111 �+ 9vonrxl ooalzexs x V4 o' 1�T/!wi_7p7 D The Old Genera! Site, Waterloo Street 5A- t Office of the Mary L. Munford P.O. Box 1971 506 658- -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 May 31, 1999 Matrix Management Inc. C/o Mr. Gerry Webster 21 Derrick Court Saint John, NB E2J 4N6 Dear Sir: At a meeting of the Common Council, held on the 25th instant, the following resolution was adopted, namely:- " RESOLVED that as recommended by the City Manager, Common Council authorize the sale of the Old General Hospital and Nurses' Residence sites on Waterloo Street, identified on the submitted plan as NBGIC Numbers 55048334, 14514,13326, 14522, 14530, 16105, 16113, 16121 and 16139, to Matrix Management Inc., for the purchase price of $650,000 plus HST if applicable; the closing date be on or before June 30, 1999, and the Mayor and Common Clerk be authorized to execute the deed." r "1 Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, / k Mary L. Munford Common Clerk MLM:sc I City of Saint John C .Magar'o Office ! M Aniw loon, N 19' OPEN SESSION OF COUNCIL May 19, 1999 Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Deputy Mayor and Councillors: Under Council's Salary By -law, a motion of Council is required to authorize payment of the per diem rate to Mayor and Members of Council attending the annual conference of the Federation of Canadian Municipalities. I will be attending along with the Deputy Mayor and Councillors Trites, Vincent, Fitzpatrick, Ball, Desmond, Titus, White and Court. This conference will be held in Halifax from June 0' to June 7th. If any other Member of Council wishes to attend, they may do so, however it will require a resolution at Open Session. The resolution is as follows: RESOLVED that authority be granted to pay the per diem rate under Council's Salary By- -Law to Mayor McAlary, Deputy Mayor Chase and Councillors Trites, Vincent, Fitzpatrick, Ball, Desmond, Titus, White and Court who will be attending the 1999 annual conference of the Federation of Canadian Municipalities in Halifax, Nova Scotia from June 4th to June 7th, 1999. Yours sincerely, S �E /vV 1 Shirley A. McA ary MAYOR P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 41-1 - (506) 658 -2912 Cite Hall 15 Market Square May 19, 1999 OPEN SESSION P.O. Box 1971 Saint John New Brunswick Canada F2L 4L1 Her Worship Mayor Shirley McAlary & Members of the Common Council City of Saint John Dear Mayor McAlary and Fellow Councillors: 506 658 -2800 city of saint John I would like to discuss the matter of the former rail line at Keane Road and Duck Cove on the West Side, with the view of referring this issue to staff and/or the Legal Department to obtain answers for citizens who are concerned with who actually owns the right -of -way and the uses thereof. Respectfully yours, I 1 ephe trick COUNCILLOR REPORT TO COMMON COUNCIL M &C -99- 171 May 19, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT 99- 5: PHASE VIII CLOSURE SPRUCE LAKE LANDFILL BACKGROUND City of Saint John The final closure procedure for the Spruce Lake Landfill has been underway in several phases since 1992. The design and construction cost of the total close -out process for the Spruce Lake Landfill is estimated to be $8.66 million, to be funded equally by the City and the Provincial Department of Environment, with an anticipated completion date in the year 2004. To date, approximately $4.93 million has been spent in the first phases of the work. Attached to this report is a sketch showing the various phases of the closure program and a table indicating the current estimated costs and cash flow. Contract 99 -5 has been prepared with the assistance of the City's consultant, Gemtec Limited. This phase of work consists of grading, excavation, importing and placing of granular and clayey material, installation of gas monitoring units, manholes, interceptor piping and landscaping on a portion of the site. The work comprised in the contract is to be completed 90 calendar days after the execution of the contract by the City. M &C -99- 171 Contract 99 -5 Page 2 TENDER RESULTS The City's consultant, Gemtec Limited, and City staff have prepared the work as Contract 99 -5: Phase VIII Closure - Spruce Lake Landfill, and tenders for this contract closed on May 19, 1999, with the following results: Galbraith Construction Ltd. $352,747.50 Saint John, N.B. 2. F. Andrew Simpson Contracting Ltd. $407,780.00 Saint John, N.B. The engineer's estimate for the work was $399,475.00. ANALYSIS Staff reviewed the tenders and all tenders were found to be formal. Staff and the Consultant are of the opinion that the low tenderer, Galbraith Construction Ltd., has the necessary expertise and resources to perform the work and recommend acceptance of their bid. The Provincial Department of the Environment has reviewed the tenders and indicated their approval for award of the contract to the low tenderer. FINANCIAL IMPLICATIONS Contract 99 -5 was prepared within the approved 1999 Capital Budget limit of $500,000.00 for engineering and construction costs for 1999. The approved total is to be cost - shared equally with the Provincial Department of the Environment. The Province, however, will only match the funds actually expended by the City to the limit approved by the Minister. Assuming award of the contract to the low tenderer, an analysis has been completed including all anticipated costs for the project. The analysis concludes that a total amount of $500,000.00 was provided in the budget and the projected completion cost is estimated to be $389,389.00, including engineering costs and HST rebate, leaving an estimated budget surplus of $110,611.00. M & -99 -171 Contract 99 -5 Page 3 Common Council approved $250,000.00, as the City's share in a project to be equally funded with the Provincial Department of the Environment, as part of the 1999 Capital Program in the General Fund. At its May 17th, 1999 meeting, Council was informed, in a letter from the Minister, that the Province had approved $300,000.00 as its share for 1999. It is staff's intention to return to Council with a future recommendation on how best to utilize these and other unexpended funds towards the closure of the Spruce Lake Landfill Site. The City should take full advantage of the cost shared funds for the project by matching the approved funding level of $300,000.00 from the Province. M 0 DX91 J) 10 1D) 0OYIN0(a)�I It is recommended that Contract 99 -5 Phase VIII Closure - Spruce Lake Landfill be awarded to the low tenderer, Galbraith Construction Ltd., at their tender price of $352,747.50, as based upon estimated quantities, and further that the Mayor and the Common Clerk be authorized to execute the necessary contract documents. submitted, Z , P. Eng. er, Mu 'cipal Operations Terrence L. Totten, C.A. City Manager Encls. 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OD 2^ o w §© 2 m m cGo w §§� 7 LO e p r ° § § 7§2 § § \§( \ _0 �q f n I § / e E 2 E w Oo S2 2 f \� r- U) §k �� \§ f$gE� R— �2Ga o� 2§EL :3 }§ \I0# zw �20- w� @��»� w, ��erL z LU 2] @��t�2 C.) .0 ) o�__0�2o w�m�o §2o w 0EL m30 -_0 aam a v fyif \ 4 4 k \ a \ \ a a W O V f r� J z~ OF 100 2� � a4 r 0 ** C2\ ON OA w L ; J • 4�L v fyif \ 4 4 k \ a \ \ a a W O V f r� J z~ OF 100 2� � a4 r • 4�L Q co v fyif \ 4 4 k \ a \ \ a a W O V f r� J z~ OF 100 2� � a4 r REPORT TO COMMON COUNCIL �+ pa M & C — 99 -173 City of Saint John 21 May, 1999 Her Worship Shirlcy A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Personal Computers BACKGROUND: Each year the City calls a tender for the establishment of a supply agreement for the provision of personal computers and printers. The purpose of this agreement is to provide user departments, who have budgeted to upgrade, replace or add new computers, with a ready source of equipment which meets the City's minimum standards, at a guaranteed price. Two new dimensions have been added to this years tender. Recent studies by the City's Information Technology section have proven the effectiveness of laptop pc's and after a year of in house evaluation and testing, a standard was established. Also added to this years bid are scanners and zip drives, both of which are designed to improve the functionality of the present technology. ANALYSIS: Staff of both the IT and Materials Management sections of the Corporate Services Department have reviewed the tender bids of the five companies who chose to respond to this years tender call. PAGE TWO ANALYSIS... coot' d: The tender was divided into 4 sections as follows; Section #1 PC desktop applications, Section #2 — PC laptop applications, Section #3 - printers and Section #4 -- scanners and zip drives. For reasons of continuity and uniformity, all of the items within a section are grouped so as to be awarded to one vendor, thus limiting the potential award of this tender to a maximum of four bidders. With the exception of Section #1, staff have found that the lowest bidder in each section has met all of the requirements of the tender and is therefore recommended for award. The lowest bidder in Section #1 however, failed to meet the entire specifications for the PC desktop application and therefore his bid, for this section only, is rejected. In the case of Section #1, the second lowest bidder, Cox Radio has met all of the specifications and requirements for this section and is therefore recommended for award. A summary of the bids is enclosed for your consideration. FINANCIAL IMPLICATIONS: It is impossible to predict with any certainty what the total value of this supply agreement will be. This agreement is established to provide user departments with a ready source of computer equipment which meets a specific standard, however, those needs are on an as and when required basis, Funds to cover the cost to upgrade, replace or purchase new computers are included in the operating and capital budgets of those departments who had identified a need for 1999. PAGE THREE RECOMMENDATION: It is recommended that the tender for the establishment of a supply agreement, with a maximum term of 12 months, for the supply of personal computer equipment be awarded to the lowest bidder to meet the specifications and requirements in each of the 4 sections of the tender as follows; Section #1 PC desktops to Cox Radio and TV Services Ltd., Sections 42 and #4 to MIT Ltd and Section #3 to ICS Ltd., as per the prices submitted in their tender responses and contained on the enclosed summary of bids. Res ectfully itted, David Lo PB Purchasing Agent T. L. Totten, CA City Manager r*p� W W r g o� U O 0. o cr CJ 0 0 R rA �z Uy U` 0 0 M1 64 w a +a [7aj Z O A o �a b v a a I � y w +ri M w 0 d U� x W �r 0 0 m r cm's 0 0 ono a iR 0 0 N M1 '•Y 8 Ln 00 1= s � � c9 v} vi V V.) El 1u° g $ o aN rn °a 11 19 a N � a r. N T 1119 61 N ; fR K fA 69 fA b4 fA (A &4 69 cq a l Ch In N %0 N yl ul � O �°p a, a o°D �°a o o°o Ln cs GNo •NS � � ds O Y1 4 G O O 0 8 r W N 00 00 ON O o 0000 ti N G O M N N O .w N Al N %D N M1 N iq rq Vf f+9 if} b9 V! FR &4 fig 69 b4 b9 7 wl I N h G 5i N [q' r6 L y o d R � U It i w a d o a cn F+ I I °° °off °° o cd �O+ u V V 1 FaL G . •�+ N 00 0 N .r • .w N iC ::Cj: V] 0�., '�F' BID SUMMARY 99- 703501T PERSONAL COMPUTERS, NOTEBOOKS AND PERIPHERALS ITEM Cox Radio & TV Saint John, NB ICS - Fredericton Interactive Computer Sysstems Dymaxion Research Ltd Halifax, Ns G. E. Capital Saint John, NB SECTION 1 Desktop PC PII 333A Celeron as per specification $ 1217.00 * $1195.00 (Not to Spec) $1511.00 P11400 CELERON LIMITED WARRANTY $1737.00 SECTION 2 Compaq Armada 1700DMT Model 6266/1'/4000 $NO BID $3850.00 $4172.00 $3984.00 Section 3 HP 4000 T - high volume network printer - C4119A $1872.00 $1600.00 * $1620.00 _ $1620.00 HP 5000 - laser printer- C41 10A $2178.00 $1910.00 * $1925.00 $1925.00 HP 8000 - high volume network printer - C4085A $3289.00 $2900.00 * $2950.00 $2950.00 HP 2100 laser printer - C4170A $1041A0 $980.00* $990.00 $990.00 HP 1100 - low volume laser printer - C4224A • Copy /Scan Accessory - C4221A $606.00 $230.00 $560.00 * $210.00 $570.00 $215.00 $570.00 $215.00 HP I I OOA - low volume laser printer - C4218A $728.00 $680.00 * $690.00 $690.00 HP 697C - bubblejet colour printer- C4562C $225.00 $215.00 * $220.00 $220.00 SECTION 4 HPScanjet 6200C Scanner as per spec $510.00 $490.00 $490.00 $518.00 Iomega Zip Drive $143.00 $142.00 $149.95 $140.00 * Indicates Recommendation C M &C 99 -161 May 17, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship & Councillors: SUBJECT: Islandyiew School Playground BACKGROUND: (b City of Saint John On May 3, 1999, Council considered a request from representatives of the Islandview Home and School Playground Committee for the City to cost share in the development of a playground constructed to CSA Standards on the School property. The City supported Phase I of the playground development previously. The Playground Committee advised that the project is estimated to cost $22,852.00 and that the committee has raised to date $11,774.59 in cash. The committee has requested the City to match one -half the total project cost ($11,426.00) from the Land for Public Purposes Trust Fund. ANALYSIS: The request for funding from the land for Public Purposes Trust Fund is appropriate as this trust fund is to be used to fund such projects. Staff is supportive of the request. All equipment and work will meet CSA Standards. Current City practice is to seek funding partners in the development of playgrounds. This request conforms to this practice. School District #8 has provided a letter in support of the playground on its lands. M &C 99 —161 May 17,1999 Page 2 of 2 EXISTING CITY POLICY: Council, on November 6, 1997, adopted a policy concerning use of Land for Public Purpose Funds. It is the policy of the City that monies from the trust must be utilized in accordance with recreation and public uses outlined in the Community Planning Act. The use of funds for the project in consideration fully meets this Policy. INPUT FROM OTHER SOURCES: The Finance Department advises that the current value of the Land for Public Purposes Trust Fund easily meet the requirement for funding for this project. School District #8 advises that the current enrollment of Islandview School is 410 students. The Planning Department has advised that there are 275 children under the age of 15 within one -half mile of the Playground. The next closest playground is at Quinton Heights approximately one mile away. FINANCIAL IMPLICATIONS: The proposed funding will be provided from the L.P.P. Trust Fund in the amount of $11,426.40. RECOMMENDATION: It is recommended that Council: 1. Support the development of the Islandview School Playground as proposed to Council on May 3, 1999 by the Island View School Playground Committee and; 2. Authorize that the City of Saint John contribute up to $11,426.40 from the L.P.P. Trust Fund in support of the development. Respectfully submitted, Bernie Morrison Director Recreation & Par Willi Er utler, P ng. Co Co erv' es Terrence L. Totten, C.A. City Manager /jh M &C 99 -160 May 17, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship & Councillors: SUBJECT: Seawood School PIgyaround BACKGROUND: d A City of Saint John On May 10, 1999, Council considered a request from representatives of the Seawood School Playground Committee for the City to cost share in the development of a playground constructed to CSA standards on the School property. The request from the Committee is similar to others that the City has supported in past years, most recent being M. Gerald Teed School and the Saint John Boys and Girls Club. In each of the above, the playground committee have been able to fund approximately one -half of the required resources, either through a cash donation or services in kind. The playground committee advised that the project was estimated to cost $13,272.06 and that the committee had raised to date $6,079.07 in cash and $560.00 as services -in -kind, for a total of $6,639.07. The committee has requested the City to match one -half the total project cost ($6,636.03) from the Land for Public Purposes Trust Fund. ANALYSIS: The request for funding from the land for Public Purposes Trust Fund is appropriate as this trust fund is to be used to fund such projects. Staff is supportive of the request. All equipment and work will meet CSA Standards. Current City practice is to seek funding partners in the development of playgrounds. This request conforms to this practice. School District #8 has provided a letter in support of the playground on its lands. M &C 99-160 May 14,1999 Page 2 of 2 EXISTING CITY POLICY: Council, on November 6, 1997, adopted a policy concerning use of Land for Public Purpose Funds. It is the policy of the City that monies from the trust must be utilized in accordance with recreation and public uses outlined in the Community Planning Act. The use of funds for the project in consideration fully meets this Policy. INPUT FROM OTHER SOURCES: The Finance Department advises that the current value of the Land for Public Purposes Trust Fund easily meets the requirement for funding for this project. School District #S advises that the current enrollment of Seawood School is 131 students. The Planning Department has advised that there are 535 children under the age of 15 within one -half mile of the playground. The next closest playground is at Meadowlands Subdivision approximately one -half mile away. FINANCIAL IMPLICATIONS: The fielding would be provided from the L.P.P. Trust Fund, in the amount of $6,636.03. RECONIIAENDATION: It is recommended that Council: 1. Support the development of the Seawood School Playground as proposed to Council on May 3, 1999 by the Seawood School Playground Committee; and 2. Authorize that the City of Saint John contribute up to $6,636.03 from the L.P.P. Trust Fund in support of the development. Respectfully psubmitted, r Bernie Morrison Director Recreation & ar J IIVVW�WEK �� C Terrence L. Totten, C.A. City Manager /jh NI" 9.11 *33_to),I M &C -99 -174 May 20, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: MARCO POLO/BARRY OGDEN BACKGROUND: :,= City of Saint John At the Common Council meeting of 12 April, 1999, Council received a letter from Mr. Ogden requesting that the City consider naming the corner of Union and Crown as James Smith Corner, and that a more prominent sign be erected on the Marco Polo bridge. ANALYSIS: This intersection is a heavily travelled intersection for vehicles but not pedestrian traffic. Any sign other than a traffic sign would get lost in the intersection and it would be difficult to make it prominent. The proposals for the location of the ship itself would lead to a development which could lead to a prominent corner and the use of the name James Smith. The Marco Polo bridge was officially opened on the 29 May, 1984 and the `sign' on the bridge states that "The Fastest Ship in the World" was built in Marsh Creek near here in 1851. This `sign' cannot be seen easily and the bridge should have a more prominent sign displayed for the traffic flowing east and west. Report to Common Council May 20, 1999 RECOMMENDATION: Page 2 It is recommended that a sign be erected in a prominent location denoting the Marco Polo Bridge and that the request to name a corner James Smith Corner, be deferred until such time that the Marco Polo project proceeds. Respectfully submitted, ?.Claude MacKinnon, P.Eng. Commis Toner , Envir a It & De opment Services Terrence Totten, C.A. City Manager JCM:lll ram The Marco Polo Project • P.O. Box 7109 • Saint John, New Brunswick * Canada, F. 455 Mayor McAlary and Common Council City of Saint John Dear Council, I am writing to you about honouring James S i builder of the Marco Polo. James Smith owned a home on the co r of Union and Crown, he served on the local school board, he was a tee of the cemetary on Thorne Avenue, his shipyard was off of Crown eet and he attended Centenary- Queen Square church. Would it be po ible to name the corner at Union, Crown and the causeway — James S ith Corner? Would it also be possible to place a more prominent sign o e Marco Polo bridge, with the name Marco Polo bridge. We have a 1 t to be proud of and I feel the more we know about ourselves and the ore we promote it the better we will be. Sincerely, Barry agde s REPORT TO COMMON COUNCIL" OPEN SESSION M& C -99 -164 May 20, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Councillors: RE: Fundy Solid Waste BACKGROUND: City of Saint John At the May 10, 1999 Common Council meeting the attached letter was received from the Fundy Solid Waste Commission giving notice of their intention to consider a number of borrowing resolutions at a Commission meeting to be held on or after June 8, 1999. The purpose of this report is to provide general commentary on the borrowing levels being contemplated by the Commission. ANALYSIS: As part of the 1999 Budget process the Commission presented a long term financial plan for their operations. This long term or "life cycle" plan included estimates of future borrowings and the costs associated with servicing the debt on an annual basis. These annual costs along with operating costs form the basis for the determination of a tipping fee to be charged at the landfill site. In comparing the proposed borrowing resolutions with the life cycle plan the total borrowings appear consistent however the term of the debt is being extended in some cases as noted in the letter from the Commission. While the extension of the term of the debt will add to the interest charges associated with the borrowings, the result is a debt cost that more closely aligns with the useful life of the assets giving rise to the borrowings. It should also be noted that the potential negative impact of increasing the term of the borrowings may be largely off -set by better than anticipated interest rates on current debt issues. The Commission has also noted their intention to borrow funds for the depot recycling system rather than financing this program through a capital lease. The rationale given for this decision appears reasonable and should not have an adverse impact on costs already incorporated in the life cycle plan. REC011II ffNDATION: That Common Council encourage its representative on the Fundy Solid Waste Commission to support the proposed borrowing resolutions when they are brought before the Commission for approval. Respectfully submitted, u.. Ila4NL—.— w P. eckett C.A.® Commis her of Fina; e Terry Totten C.A. City Manager 7Z4 May 7, 1999 City of Saint John 8th Floor, City Hall P.O. Box 1971 Saint John NB E2L 4L1 Dear Mayor and Council, xff� ...... FUND Y.r.... Region Solid Waste Commission We are writing as required under the Clean Environment Act to inform you of the Commission's intention to vote on the following three borrowing resolutions at a meeting on or after June 8, 1999. Short Term Financing That the Fundy Region Solid Waste Commission submit to the Municipal Capital Borrowing Board an application for authorization to borrow $4,900,000 for capital expenses for a period not to exceed 3 years for the provision of Environmental Health Services. This is for renewal of the three -year term of the short term financing meant to fund the portion of capital expenditures approved in the current and previous year's capital budgets that will be ultimately paid by the Department of the Environment. The short-term financing will be retired as provincial funding is received. The funds receivable from the Department of the Environment will not be entirely received until 2002. Payment of interim interest costs is included in the Commission's approved budget. Long Term Financing_ Restructuring That the Fundy Region Solid Waste Commission submit to the Municipal Capital Borrowing Board a request to amend the terms of its existing long term borrowing to the following: Term 5 years $3,065,000 10 years $ 861,000 15 years $11,017,000 37 Hanover Street, Saint John NB E21, 3G1 P hone: (506) 634 -7928 Fax: (506) 657-0964 Email: swat @nbnet.nb.ca The terms of borrowing approved for the Commission require adjustment now that the division of borrowing over 5, 10, and 15 years terms is accurately known (compared to 1997 estimates). As a result, the Commission is requesting that the current debt terms be amended to reflect the debt retirement terms of the assets actually acquired by the Commission. There is a modest shift away from 5 and 10 year debt toward 15 year debt. The total approved long term borrowing does not increase as a result of this resolution. Long Term Financing For the Depot Recycling System„ That the Fundy Region Solid Waste Commission submit to the Municipal Capital Borrowing Board an application for authorization to borrow $1,480,000 for capital expenses for a period not to exceed 10 years for the provision of Environmental Health Services as follows: Term 5 years $ 440,000 10 years $1,040,000 The Commission's approved 1999 capital and operating budgets includes implementation of the depot recycling program within the Fundy Region. The 1999 budget anticipates leasing the capital equipment necessary to undertake this project. In evaluating the most cost effective method of acquiring the capital assets, the Commission has determined that obtaining funds through municipal debentures would be more cost effective than leasing. This occurs as a result of the favourable interest rates now available through municipal debentures. This does not involve any unbudgeted capital expenditure. Should you have any questions concerning the resolutions noted above, please contact the Commission office at (506) 6347928. Yours very truly, SJensensen, P. Eng. General Manager X4, 4.r - MAY 7 1499 Cr" of QAINT-POW Page 2 of 2 REPORT TO COMMON COUNCIL OPEN SESSION M &C -99 -165 May 20, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Councillors: RE: Enterprise Saint John — Reserve request BACKGROUND: city of saint John At the May 17, 1999 Common Council meeting the attached letter was received from Enterprise Saint John requesting the City's approval for the establishment of a reserve to be funded through operating surpluses. The purpose of this report is to provide general commentary on the request. ANALYSIS: In their letter Enterprise Saint John have raised concerns over the cash flow problems that arise from their lack of authority to borrow funds and accounting treatment of various activities. While they are not suggesting that they should have the authority to borrow they use the problems as illustration for the need to establish some form of an operating reserve fund. Having said this, the letter goes on to say that the principal purpose of the reserve would be for liquidation expenses that might be incurred in the event of a dissolution of the entity. No mention is made of the policies that would govern the withdrawl of funds from the reserve or how much the reserve could accumulate at any one time. Aside from these omissions there are more basic concerns with this type of request. It lends itself to significant potential abuse both in terms of its administration and the way it is funded. Even with formalized policies its application could be very problematic. The idea of utilizing the reserve for potential liquidation expenses seems totally without merit. This is a matter that must be dealt with when and if such an event occurs While some of the cash flow problems are valid concerns there are other ways of dealing with them. As an example the funding units could be approached to advance funds on a more timely basis consistent with the organization's needs. RECOMMENDATION: That Common Council deny the request from Enterprise Saint John to establish a reserve from surpluses. Respectfully submitted, An P�Beckett C.A. Commissioner of Finance i> Terry L. Totten C.A. City Manager ENTERPRISE ,SAINT JOHN Together were greater! DELIVERED BY HAND Mayor Shirley McAlary and Members of Council City of Saint John City Hall, 15 Market Square Saint John, N.B. ATTENTION: Mary Munford, Common Clerk Dear Mayor and Members of Council: Cmix to > any Goxh E2L [G3 Telephone (506; 658 -28" I F.EBOO561.287, FAAMik {506} 658 -2r-2 Eqnad amomic@nhembra May 10, 1999 At the April meeting of the Board of Enterprise Saint John I was directed to write to you with respect to our budgeting process and financial management, and more particularly the issue of a surplus and reserve. Under the Letters Patent establishing Enterprise Saint John, we are not permitted to borrow, nor do we believe we should have the right to borrow. This restriction, however, creates some difficulty in cash flow because expenditures are not always incurred equally over our fiscal year. As well, our funding sources are not always timely with their contribu- tions. Our statements have been presented this year on a basis that accrues receivables and payables, and treats furniture and fixtures in our facilities as assets. They can be some - whatmisleading when viewed from the perspective of cash flows. The issue arose principally because our nine months statements for 9998 indicated a surplus of $69,000.00, largely as a result of accruing a receivable from the Province for start- up costs which was confirmed in late December, the contribution of capital assets from the former Enterprise Saint John and Fundy Region Development Commission, and depreciating our capital assets rather than expensing these assets at the time of acquisition. They were also somewhat misleading because of the treatment of funds that we manage on behalf of the Province with respect to its Seed Connexion Program. The principal purpose of this correspondence is to ask that you consider approving a policy that would permit Enterprise Saint John to establish a reserve over time from any surpluses that may occur rather than have the municipalities take into account this surplus in approving our budgets in subsequent years. The principal purpose of a reserve would be for liquidation expenses that might incur in the event of a dissolution of Enterprise Saint John. As you can appreciate the cost of Together we're greater. • Plus forts ensemhler Grand Bay - Westfield • Quispamsis • Rothesay • Saint John F. employee severance obligations alone would be significant if they had to be incurred over a short period of time. If permitted by our funders, Enterprise Saint John would, at the end of each fiscal year, allocate a portion of any accrued surplus to the reserve until it reached an amount agreed by the funders. All funding sources would have to agree to authorize Enterprise Saint John to establish the reserve from surpluses. We would not budget for this reserve but would only allocate funds in the event that we did indeed have a surplus at a year end. We would be pleased to discuss this issue with you should you be prepared to consider it. Your very truly, Enterprise Saint John avid G. Bar , Chairperson MAY Z I fm Together we're greater. • Plus forts ensemble! CM Of Grand Bay - Westfield • Quispamsis • Rothesay • Saint John RAWIT J" AORT `0 r'W MI ON n0 U N X11 OPEN SESSION M &C99-176 May 20th, 1999 Her Worship Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT Cornelius Bean's Cafe, 68 King Street Request to place tables and chairs on the sidewalk BACKGROUND n City of Saint John At the May 17th, 1999 meeting, Council considered a request from Cornelius Bean's Cafe to place two or three tables and chairs on the City sidewalk immediately in front of their restaurant and adjacent to King Street. This request was referred to the City Manager for a recommendation. ANALYSIS The City of Saint John has a Sidewalk By -law that regulates the use of sidewalks within the City of Saint John. Persons are not permitted to occupy portions of the sidewalk without Council's approval. Cornelius Bean's Cafe is a newly established cafe style restaurant located on the South side of King Street near the top of the street. The sidewalk in front of the establishment is open the full width to King Street. Placement of a few tables and chairs in the open "patio area" of the sidewalk would not interfere with pedestrian traffic. Although the sidewalk is inclined, tables and chairs could be placed in a safe manner. Each year, Council entertains a few requests from restaurant/cafe owners to place tables and chairs on the sidewalk during the warm summer months. Typically, no more than five or six such requests are made in any given year. In most cases, these tables and chairs are placed on the sidewalk only during special events such as Festival by the Sea, Cruise Ship visits etc... These temporary placements have not caused any difficulty with respect to pedestrians, traffic or noise inconvenience. The request of Cornelius Bean's Cafe can, therefore, be supported provided some reasonable conditions are adhered to. RECOMMENDATION Your City Manager recommends that Council grant permission to Cornelius Bean's Cafe to place two or three tables and associated chairs at the front of 68 King Street subject to the following conditions; 1. Beverages served at the tables and chairs on the sidewalk must be in non - breakable containers (plastic cups). 2. Tables and chairs are to be placed so as not to impede pedestrian traffic. Placement to be approved by Chief City Engineer. 3. Tables and chairs are not to be left unattended. 4. Adequate litter receptacles are to be available. 5. Tables and chairs are not to be placed in a manner that would obscure the visibility of the fire hydrant. 6. Approval is for the period May 24th, 1999 to September 30th, 1999. Respectfully submitted, 4 Wm. Edwards, P. Eng. Claude MacKinnon, P. g. ►mmi loner ivir menC& mare torment Services Terrence Totten, CA City Manager WEllfd -fT y 7'Ao t- 0 14 r4 14e L / Ta J/.c 5 G6fe "Id'- en Cost 44�( r aS 6-� yyl-0✓41. 1 1, 15' la 7' Cd 1e /C*' BU5, REPORT TO COMMON COUNCIL 16 M&C -99- 170 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: PARKING ON CANDLEWOOD LANE BACKGROUND City of Saint John The City received a letter from Property Maintenance Ltd., which represents the homeowners of Candlewood Lane, requesting parking be restricted on both sides of Candlewood Lane. ANALYSIS Candlewood Lane is a one way street off University Avenue running in an easterly direction for 0.378 km and is 6.7 metres wide. Under the Traffic By -Law there are no parking restrictions. However, "No Parking" signs were installed in the 70's by the City, at the request of the homeowners, which restricted parking on the left side. In 1996 the City installed new concrete curbs, paved and landscaped Candlewood Lane. During this construction work, the "No Parking" signs were removed and never replaced. The "No Parking" signs that were up prior to the construction work had no legal authority as the street had not been listed in Schedule "B" of the Traffic By -Law. The Transportation Association of Canada (TAC) standard for a one- way street is at least one 3-metre wide travel lane with an additional 2.4 metres for each lane of parking for a total of 5.4 metres for parking on one side. Candlewood Lane is 6.7 metres wide, allowing parking on one side. The request from Property Maintenance Ltd. is to ban parking on both sides. Staff has reviewed the request from residents of Candlewood Lane and recommends that parking be restricted on both sides of Candlewood Lane. M&C -99 -170 Parking on Candlewood Lane Page 2 INPUT FROM OTHER SOURCES The Saint John Police Force, Fire Department and Works Division of Municipal Operations supports the recommendation. The Board of Property Maintenance Ltd., for Candlewood Lane, supports the recommendation. We have been assured that this agency speaks for the residents of Candlewood Lane. FINANCIAL IMPLICATIONS The additional signage necessary can be absorbed within existing budgets. (ZIDNES) 010_J)$0agA4(a)�l It is recommended that the following amendment to the Traffic By- Law receive first and second reading and further that it be referred to the Legal Department for appropriate action. TRAFFIC BY -LAW ADD TO SCHEDULE "B" - NO PARKING ANYTIME STREET LIMITS SIDE Candlewood Lane Entire Length Both ctfully submitted, V Paul Grobdv, P. Eniz. j Terrence L. Totten, C.A. City Manager Aerations REPORT TO COMMON COUNCIL M&C -99 -169 May 20, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council: City of Saint John SUBJECT: PARKING - ROSEDALE CRESCENT BACKGROUND The City received several letters from the residents of Rosedale Crescent requesting parking be restricted to one side of Rosedale Crescent. ANALYSIS Rosedale Crescent is a two -way street in Champlain Heights Subdivision running between Champlain Drive and York Street. The street is 0.275 km in length and 6.7 metres wide. The street is residential with no parking restrictions. The Transportation Association of Canada (TAC) standard, for a two - way municipal street, is at least two 3 -metre wide travel lanes with an additional 2.4 metres for each lane of parking for a total of 10.8 metres for parking on both sides. Rosedale Crescent, at 6.7 metres wide, is too narrow for two -way traffic when parking is allowed, even on one side. Conditions are worsened during winter months. Staff has reviewed the request and recommends that parking be restricted on the west side of Rosedale Crescent. Although this does not meet TAC Standards, the residential character and short length of the street, and the low traffic volume, would suggest some flexibility. M&C -99 -169 Page 2 INPUT FROM OTHER SOURCES The Saint John Police Force and the Fire Department supports the recommendation. The Works Division of Municipal Operations supports the recommendation. Twenty notices were delivered to the residents of Rosedale Crescent. Six responses were received. The six respondents supported some parking restrictions but were not supportive of a ban on both sides of the street. It was also suggested that the City look at other areas to improve the flow of traffic on similar streets. FINANCIAL IMPLICATIONS The additional signage necessary can be absorbed within existing budgets. TION It is recommended that the following amendment to the Traffic By- Law receive first and second reading and that it be referred to the Legal Department for appropriate action. Traffic By -Law Add to Schedule "B" - No Parking Any Time STREET LIMITS SIDE Rosedale Crescent Champlain Drive to York Street West Terrence L. Totten, C.A. City Manager erations C�.m.� REPORT TO COMMON COUNCIL - to IF=S 20 May, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Establishment Changes — Corporate Services BACKGROUND With the introduction, in 1998, of shift work, specifically in the areas of Works Operations and Water and Sewerage, a need was recognized for an additional stockkeeper in the Materials Management Section of Corporate Services. The present staff in this area consists of 4 stockkeepers and a foreman. Since there are 2 stockrooms, one in the automotive garage facility and one in the administration building, the distribution is one stockkeeper in each location to cover each of the four shifts. A fifth stockkeeper, a temporary position, was required during the winter months to cover the night shift for both locations. Although the night shift was removed for the summer period, annual vacations also dictate the need for a fifth stockkeeper. Also, with the recent amalgamation of Materials Management and Fleet under Corporate Services an initial review of this area has identified the immediate need of a fully qualified mechanic. ■m Page Two ANALYSIS Neither of these proposed new positions would result in an increase in the establishment as other existing positions will be eliminated. In the case of the stockkeeper position, it is proposed that a vacant labourer position under Real Estate and Facilities Management be eliminated thus creating an available position which would move to Corporate Services and be upgraded to a Stockkeeper. In the case of the mechanic position, there is a recently vacated labourer position in the mechanical garage which is proposed to be upgraded to a mechanic position to allow for the firing of a qualified trades person. Since July 1998, the number of qualified mechanics employed by the City of Saint John has been reduced from 17 to 12. During that same period shifts were introduced which further reduced the number of mechanics available to respond, at certain times, to one quarter of the total. A further in -depth analysis of the services to be provided and the resources required will be undertaken by staff of Corporate Services. This review may result in additional recommendations, however, until that task has been accomplished, these remain the immediate needs. These are positions covered by the collective agreement with Local 18, Outside Workers. The Mechanic classification is a Group VII ($17.34/hour, including tradesman premium), and the stockkeeper is a Group VI ($16.23/hr), while the labourer position is a Group II($15.40/hour). INPUT FROM OTHER SOURCES Staff have had discussions with Local 18 towards making this change, and have encountered no opposition. Page Three RECOMMENDATION It is recommended that Common Council amend the Establishment as follows: • Reduce the number of labourer positions in Real Estate and Facilities Management by 1 • Increase the number of Stockkeepers in Corporate Services from 4 to 5 + Eliminate 1 labourer position in Corporate Services Mechanical Garage; and • Increase the number of mechanics from 12 to 13. R etully ed, VVVIBa Purchasing nt City Manager Services /9 REPORT TO COWAON 'CICUNUL May 21, 1999 REPORT TO COMMON COUNCIL OPEN SESSION Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: RE: Municipal Infrastructure in the Millennium Budget ' City of Saint John I have been asked to forward the attached information to the attention of the Mayor and Council. In reviewing the information, I would recommend that it would be appropriate for Council to adopt the recommended resolution and to respond to FCM, the Prime Minister and the Minister of Finance. Terrence L. Totten, CA CITY MANAGER Tuesday, May 18, 1999 1:01:17 Maire suppleant Claude Cantln Quebec (Quebec) President President FCM - (613)241 -7440 Total. pages 1 Nombres de pages : 10 Federation of Canadian Municipalities Fed6ration canadienne des municipalit6s 24, rue Clarence Street Ottawa, Ontario KII N 5133 Telephone 1 Telephone : (613) 241 -5221 Fax IT616cop1eur : (6 13) 241 -7440 International Office I Bureau International Telephone I T616phone :(613) 2418484 Fax I T616copieur : (613) 241 -7117 http:111www.fcm.ca Deputy Mayor Sam Synard Marystown, Newfoundland and Labrador First Vice- President Premier vice - president Councillor Joanne Monaghan Kitimat, British Columbia Second lice- President Deu:aeme vice- presidente Councillor Jack Layton Toronto, Ontario Third Vice - President Troisieme vice - president Deputy Mayor Jae Eadie Winnipeg, Manitoba Past President President sortant James W. Knight Executive Director Directeur general To: Mr. Terrence Totten, City Manager City of Saint John (506)658 -2802 From : Sylvie Delaquis, Policy Assistant Office of James W. Knight, Executive Director URGENT Please distribute these documents with Members of Council. Thank You. June 4-7,1999 Halifax Conference and Municipal Expoll : Navigating Global Change Congr6s annuei 1999 Halifax du 4 au 7 juin et ('Expo municipalN1°: Mettre le cap sur un monde en changement May 1, 1999 MUNICIPAL INFRASTRUCTURE IN THE MILLENNIUM BUDGET: MODEL RESOLUTION Since meeting with FCM in January to discuss the federal budget, Federal Finance Minister Paul Martin has indicated interest publicly in FCM's call for a new core municipal infrastructure program with environmental benefits in the Year 2000 federal budget (Millennium Budget). FCM's strategy over the next few months will include a funding proposal to the federal government, technical and economic analyses to update FCM's data and to build a compelling case, and a communication plan, all supporting the call for a new program. FCM's environmental infrastructure proposal is the first phase of an integrated approach to improving the quality of life of all Canadians. FCM sees the Millennium Budget as an opportunity to highlight and promote other FCM priority issues that could enhance the quality of life and ensure sustainable communities. These include affordable housing and action on homelessness, child /youth welfare and a national highway program. At the January meeting with FCM President, Deputy Mayor Claude Cantin (Quebec City, Quebec) and Mayor Gilles Vaillancourt (Laval, Quebec), Chair of the FCM Standing Committee on Municipal Finance, the finance Minister expressed interest in working with FCM to address both environmental concerns and Canada's municipal infrastructure deficit in a single program. To further FCM's objectives, Mayor Vaillancourt and I appeared before the House of Commons Finance Committee Round Table on Infrastructure Investment and Productivity on May 4. Cross - Canada hearings before the House of Commons Standing Committee on Finance are to begin soon. FCM President Cantin, Mayor Vaillancourt and Municipal Infrastructure Chair, Councillor Roger Mareschal (Aylmer, Quebec) and possibly other Directors, will participate in these hearings .../2 -2- on FCM's behalf. Members will receive advisories regularly as the strategy evolves and results of analyses become available. Fundamental to achieving success, as always, is the hands -on involvement of every FCM member -- provincial /territorial municipal associations and municipal governments. I encourage all member councils first to support FCM's call for a new long -term, municipal infrastructure program with environmental benefits, and to open discussion on this matter with local members of Parliament, federal ministers, including the Minster of Finance and the Prime Minister, and provincial /territorial legislators. Members are also encouraged to seek participation in the cross - Canada Finance Committee hearings on the Millennium Budget. The May 4th brief and a draft "model" resolution are appended to this memorandum for council's information and use as deemed feasible. Please be sure to forward a copy of Council /Board's resolution to FCM. A portfolio of all resolutions received, including those calling for a new municipal infrastructure renewal program submitted by FCM members since the 1998 Annual Conference, will be compiled. A list of members supporting FCM's call for a new municipal infrastructure program with environmental benefits will be appended to the Year in Review Report to be presented to the Standing Committee Forum on Municipal Infrastructure. James W. Knight Executive Director Enclosures TEMPLATE RESOLUTION - FCM Member Municipal Governments FCM invites members councils to use the following model resolution, in part, in whole or adapted to reflect their local circumstances, to communicate with members of Parliament and the Federal Cabinet. MUNICIPAL INFRASTRUCTURE IN THE MILLENNIUM BUDGET CLEAN AIR r CLEAN WATER a CLEAN SOIL WHEREAS the FCM - inspired $7- million, six-year Canada Infrastructure Works Program (CIWP) described by Prime Minister Jean Chretien at the FCM 1998 Annual Conference, as'".. one of the proudest achievements of our government" exceeded original projections, funding 47,000 projects that created assets of lasting value and generated more than 930,000 short-term jobs, and set a new standard for intergovernmental cooperation in Canada; WHEREAS the CIWP could not fully address Canada's long -term infrastructure needs given the extent of the problem revealed in various FCM studies completed between 4985 and 1996; WHEREAS, (your municipality) has benefitted from the CIWP but still has a number of outstanding infrastructure projects which it cannot finance out of municipal revenues alone; WHEREAS FCM is dedicated to improving the quality of life in all communities; WHEREAS the Millennium budget offers an opportunity for achieving an improved quality of life and ensuring sustainable communities; WHEREAS the FCM National Board of Directors has endorsed a new long -term national infrastructure program with environmental benefits as a component of a sustainable communities strategy; WHEREAS the FCM proposal, with the theme CLEAN AIR, CLEAN WATER, CLEAN SOIL, calls for flexibility to accommodate equally the needs of rural /small communities and large municipalities, supporting: * waste management systems (waste diversion, product stewardship, upgrading landfill sites, methane capture, upgrading incineration technology to meet new requirements for dioxins and furans and mercury emissions); • water efficiency (water conservation, sewage upgrades to reduce contaminants in water effluent and water treatment alternatives such as settling ponds and wetlands); rt energy efficiency (alternative energy sources, energy efficiency, vehicle emissions testing, and public transit); • mobility (investment in road repair and upgrades, commuter rail, and advanced technology public transit like Ballard Fuel Cell buses); and • main - street and urban core renewal; WHEREAS such investments will create jobs, reduce pollution, save taxpayers money resulting from reduced health and environmental damage, improve the efficiency of the economy and make Canada more competitive, productive and innovative; and __ _ / = !1=09 Page 4 WHEREAS Canada is a leader in environmental technologies; BE IT RESOLVED that (your municipality) endorses the Federation of Canadian Municipalities' (FCM) call for a long -term national core municipal infrastructure program highlighting environmental benefits, in the federal Millennium Budget; BE IT FURTHER RESOLVED that (your municipality), through letters, personal meetings and /or other communications, will urge local members of Parliament to support FCM's Millennium Budget proposal and to communicate their support to the Minister of Finance; BE IT FURTHER RESOLVED that the (your municipality) through letters, personal meetings and /or other communications, will urge the Prime Minister, the Minister of Finance, other members of the federal Cabinet and members of the Government of (name province or territory) to support FCM's Millennium Budget proposal; BE IT FURTHER RESOLVED that (your municipality) will communicate the urgent need for a new municipal infrastructure program with environmental benefits to neighbouring communities; BE IT FURTHER RESOLVED that (your municipality) will communicate to local media and the public our support for FCM's Millennium Budget proposal, f it FEDERATION OF CANADIAN MUNICIPALITIES INFRASTRUCTURE INVESTMENT AND PRODUCTIVITY MAY 411999 FINANCE COMMITTEE ROUNDTABLE INTRODUCTION The Federation of Canadian Municipalities (FCM) welcomes this opportunity to participate in the Finance Committee's Roundtable on Productivity. This brief presentation focuses on the need for long -term investment in municipal infrastructure to enhance community sustainability, productivity, and Canada's standard of living. FCM has been the national voice of municipal governments since 1937. Our 700 municipal members and 15 provincial and territorial associations represent almost 70 per cent of Canada's population. FCM is an association dedicated to improving the quality of life in Canadian communities. MUNICIPAL_ GOVERNMENT AND THE CANADIAN ECONOMY There are over 4,000 municipal governments in Canada. From the largest cities to the most remote rural and northem communities, municipal governments in Canada have a pervasive influence on the economy, culture and quality of life. Municipal governments are major players in the Canadian economy influencing technology and innovation diffusion and productivity. Statistics Canada define productivity as the technical efficiency of production. Municipalities through their investment in public services, like transportation, have a vital impact on productivity. 2 In 1996, municipal governments spent $39.2 billion providing community services and employed over 400,000 Canadians. Municipal government expenditures constitute about 5 per cent of Canada's Gross Domestic Product. In addition to their sizable share of public sector spending on goods and services, municipal government capital spending totals about $9 billion a year, equal to a third of all public investment and about 6.5 per cent of all capital investment in Canada. The municipal government asset portfolio includes roads, water supply and distribution systems, sewage treatment facilities, street lighting, some public housing and a wide variety of vehicles, buildings, machinery and equipment. THE CANADA INFRASTRUCTURE WORKS PROGRAM (CIWP) The FCM- inspired multi - billion - dollar tripartite Canada Infrastructure Works Program (CIWP) was a major success for the federal government, provincial /territorial governments, municipal governments, and particularly for Canadians. The CIWP, which expired March 31, 1999, achieved its dual objectives of job creation and infrastructure renewal /construction. Equally significant, the program offered a model for intergovernmental decision - making and co- operation. A recent summary by Treasury Board puts total infrastructure investments over the six - year -term of the program at more than $8.3 billion on a $2.4 billion federal contribution. More than 17,000 projects generated an estimated 130,400 short -term jobs. According to Treasury Board the employment created contributed to upgrading of workers' skills, a critical element in improving productivity. Two - thirds of all funds were invested in "core" municipal infrastructure such as roads, sewers and bridges, also critical to the effectiveness movement of goods and services. The CIWP, however, did not address entirely Canada's longer -term infrastructure needs, nor did FCM expect that it would, given the extent of the problem revealed in various FCM studies between 1985 and 1995. Various estimates put the need for infrastructure investment over the next 20 years at between $40 - $100 billion. A 1996 McGill University study, concluded. Public spending on infrastructure generates growth in the private sector. Infrastructure renewal is necessary for maintaining and enhancing prosperity and our standard of living. If Canada is to compete in the international markets, infrastructure renewal is necessary. More than any other industrialized country, Canada depends on intemational trade for economic growth and prosperity. Around the world, governments in countries such as Germany, Japan, the U.S. and Sweden are making enormous commitments to rehabilitate their infrastructure. Economic productivity and efficiency along with public health are linked closely to adequate transportation, water quality and waste disposal. CLEAN AIR, CLEAN WATER, CLEAN SOIL The initial focus of a new, long -term municipal infrastructure program would be on core infrastructure bringing innovation, environmental and health benefits. It is time for Canada to invest in infrastructure that enhances community sustainability. FCM is exploring how a new program could encourage investment in best - practice technologies to maximize the contribution to community sustainability, innovation diffusion and improved productivity. The National Research Council (NRC) estimates Canadian municipalities could save in excess of $1 billion per year by adopting best practices and proven technologies for infrastructure 1 Report on the State of Municipal infrastructure in Canada. McGill University and Federation of Canadian Municipalities. 1996 3 construction, maintenance and rehabilitation. For a municipality of 20,000 people, this represents potential savings in excess of $600,000 1year. To realize these benefits, FCM and the NRC believe that development of best practices guidelines are essential and must be included as part of any new municipal infrastructure program. Sweden has developed a local investment program that provides investment grants to municipalities that apply an integrated approach to sustainable development. Grants are given for projects that decontaminate soil, intensify development in residential areas, modernize energy and sewage systems and expand public transit systems. FCM believes that a new, long -term municipal infrastructure program must be part of the millennium budget. The program should be sufficiently flexible to accommodate equally the needs of urban, rural and remote communities and focus on the following: a) waste management systems, including waste diversion, product stewardship, upgrades of existing landfill sites, methane capture, upgrading of incineration technology to meet new requirements for dioxins and furans and mercury emissions. b) water systems, including treatment, conservation, sewerage, storm runoff and distribution affecting chlorine and aluminum emissions; c) alternative energy sources, energy efficiency, vehicle emissions testing, and public transit reducing pollution affecting human health, air quality and climate change; d) mobility, including investment in road repair and upgrades, commuter rail, and advanced technology public transit like Ballard Fuel Cell buses also contributing to protecting human health, air quality and climate change; e) mainstreet renewal to maintain economically vibrant cores. In addition to the traditional tripartite funding, FCM is exploring a number of innovative financing options, including: public/private partnerships; - revolving funds, and allocation of excise taxes on fuels. Public /private partnerships Severe budget constraints have opened the door in many municipal governments to consideration of public/private partnerships for infrastructure investment. While private financing can help communities meet water and waste infrastructure needs, it cannot satisfy all requirements, nor cover all costs. There remains a need for financial commitments from all orders of government, particularly for the higher -cost, best - practice technologies. Revolving funds In Canada, some 25 per cent of all drinking water produced is lost (or unaccounted for) through leakage and other structural problems in distribution systems. These inefficiencies translate into an economic loss of approximately $650 million annually (not counting the water that infiltrates 4 sewer systems and is treated a second time) These losses, which erode productivity, could be economically reduced from 25 per cent to 10 per cent by using existing technologies to diagnose and repair leaks. Reducing leakage from 25 to 10 per cent would save utilities about $380 million annually. A conservative estimate of fuel and electricity consumption by Canadian municipal governments would be in the range of 60 million GJ, with a corresponding fuel and electricity bill in the range of $600 -$800 million annually. Investments in energy efficiency retrofits in municipal buildings generate between 15 - 30 per cent savings. Investments in water and energy efficiency infrastructure may be well suited to financing through a revolving fund, where funds borrowed are repaid through savings or through performance contracting. Transportation funding In Canada, federal government revenues from taxes on fuel are in the $3.8 billion range, while expenditures on transportation are less than $400 million. Provincial governments in Canada are collecting fuel taxes at the level of 9 - 21 cents /litre, and the federal government is collecting 10 cents/litre in federal excise taxes, plus GST. FCM proposes that a portion of federal excise taxes on gasoline be directed toward investments in transportation systems, including public transit. This proposal is based on the U.S. Transportation Equity Act for the 21 st Century (TEA -21). Fuel and vehicle tax revenue will fund over $198 billion US in transportation systems investment by 2003. FCM's National Board of Directors at its December meeting passed a recommendation calling on the federal government to redirect at least 3 cents/litre of existing excise taxes on fuels to communities participating in a national program aimed at increasing sustainable transportation options. Excise taxes from participating municipalities would finance transportation investments in those communities. Provincial governments would match the 3 centilitre contribution making available more than $1 billion annually increased investment in sustainable transportation systems. Eligibility criteria would require the formation of an appropriate body at the local level (e.g. similar to the Greater Vancouver Transportation Authority) as a pre- requisite to receiving fuel tax revenues from the provincial and /or federal governments. This requirement, and the requirement for equity across Canada, are strong reasons for a federal role in the program. The Montreal Transportation Agency (MTA) and the Greater Vancouver Transportation Authority (GVTA) represent significant institutional and financial advances in planning and delivering urban transportation/transit. The MTA focuses on public transportation and related planning issues white the GVTA has broad responsibilities for multi -modal transportation planning, delivery of bus and rail transit services, co- ordinating and financing major road networks, vehicle and emission monitoring and transportation demand management affecting roads, transit and other modes all within the context of regional policies and plans for growth management, air quality, economic development and finance. The GVTA draws on existing funding sources (transit fares and other system sources, gas tax of 4 cents/litre, B.C. Hydro residential power levies, allocation of existing property taxes and sales tax on commercial parking) and several new funding sources (increased allocations from existing 5 provincial fuel taxes, vehicle charges, tolls on facilities developed and funded by the GVTA, property taxes on a benefitting area basis in cases where major infrastructure investments are made, parking taxes and profits from sales of land and other assets). CONCLUSION A nation's infrastructure is of critical importance to the productivity capacity of a region, and to the ability of its economy to generate sustained growth.z Clean air, clean water and clean soil are essential to protect human health and enhance our quality of life. A national municipal infrastructure program focussed on investment in best - practice technologies will create jobs, accelerate innovation and technology diffusion and upgrade workers' skills which are essential to improved productivity. FCM looks forward to working with the Finance Committee in the coming months as it continues to develop key details of its proposal for a new municipal infrastructure program for the millennium. Metropolitan Area Transportation Infrastructure and the National Economy. Standard and Pooes DRI, 1998. U.S. Conference of Mayors. EPORT TO CG1QA ON CO UNCIL OPEN SESSION M &C99 -163 May 25, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL WA-Tel - 0 I-M�I,I MKII1Llei 10 I10.�� SUBJECT Application #1— Business Park Development Incentive Program BACKGROUND City of Saint John Council at its meeting of March S, 1999, approved the creation of the Business Park Development Incentive Program. As Council may recall, the program offers two forms of financial assistance to potential applicants, those being) Infrastructure Development Incentive or © an Infrastructure Financing Incentive. The first incentive is designed to help offset specific infrastructure costs incurred in developing the public rights-of-way located in a proposed business park. The later is designed to provide potential applicants with a means of ensuring the timely development of specified infrastructure components in a public right -of- way which traverses a proposed business park (ie: the installation of services along the proposed Mark Drive). A business park developer can apply for either one of the above two incentives, but not both. Staff have received an application from Somerset Investments Ltd. under the Infrastructure Development Incentive aspect of the Program. The purpose of this report is to present the application to Council for its consideration. Report to Common Council May 25,1999 Page 2 ANALYSIS 1. Strategic Plan Conformity/Existing City Policy A number of studies and reports including the Saint John Industrial Needs and Market Potential Study stressed the need for a business park(s) . The recent Business Park Task Force, lead by Enterprise Saint John, resulted in the recommendation of four potential business park sites in the Greater Saint John Area (three of which are in Saint John). The subject application is for one of the three recommended Saint John sites. 2. The Application: An application from Somerset Investments Ltd. has been received for assistance under the Infrastructure Development Incentive of the Business Park Development Incentive Program. Somerset Investments Ltd. is a company formed by Bruce Dowd for the purpose of developing the proposed "Somerset Technology Park". The proposed Business Park is located in the North End on lands generally bound by Somerset Street, Ropewalk Road, Sussex Drive and Limekiln Road. The area of the proposed park is 50 acres, more or less. The applicant has provided staff with cost estimates for the initial phase of the Business Park. The estimated cost of the proposed road, (Technology Drive) and related servicing is $1.2 million. As per the Incentive Program (and subject to Common Council approval), the applicant is eligible for up to $500,000 in funding assistance from the City. Based upon estimates provided by the applicant, about $250,000 ± would be reimbursed upon the vesting and acceptance of Technology Drive as a public street (ie: piping material rebate). The remaining $250,000 f would be paid to the applicant (in whole or in part) as buildings and other property taxable improvements are constructed in the Business Park. Report to Common Council May 25, 1999 Page 3 The applicant has secured the Business Park's first occupant, that being Xerox of Canada. The estimated value of the development is significant and as a result of the assessment potential, the applicant will receive the full balance of the remaining incentive. As per the Incentive Program, the applicant has met the application requirements, which are: v Provision of a copy of a property tax bill for the subject land Site plan for the proposed business park r Location of the proposed services Tentative subdivision approval Y Zoning approval i> An independent analysis by a qualified consultant recommending the site as a suitable location for a business park 3. Input From Other Sources The Manager of Industrial Parks has reviewed the application for conformation and completeness. Planning has confirmed that the subject land is zoned `Business Park" and the proposed subdivision plan has received tentative approval. Engineering has reviewed the preliminary design of Technology Drive for conformity to City standards. 4. Financial Implications As per the estimated development costs, the applicant is eligible for the maximum funding available under the incentive program ($500,000). Funding for this initiative has been allocated in the 1999 Capital Budget. Report to Common Council May 25, 1999 Page 4 RECOMMENDATION: Your City Manger recommends that Common Council accept the application from Somerset Investments Ltd. for assistance under the Infrastructure Development Incentive of the Business Park Development Incentive Program for an estimated grant of $500,000; authroize the entering into of an agreement with Somerset Investments Ltd. to facilitate the payment of the incentive; and that the Mayor and Common Clerk be authorized to execute the agreements. Respectfully submitted, 1&41-1W- O—OAM<-- Da Blanc, B.A. BSc. GENERAL MANAGER Sa' ohn Industrial Parks Ltd. . Claude MacKinnon, P. .Xng. Terrence Totten, C.A. CITY MANAGER rvices The shaded area on the above plan represents the general location of the Somerset Technology Park. 0 BUSINESS PARE` DEVELOPMENT ITICEN f IVE PROGRAM May, 1999 I. PA WHo IS ELIGIBLE A city of Saint John The Business Park Incentive Program is available to Applicants who own, or are considering purchasing, a property for development as a Business Park within the City of Saint John. Applicants are permitted to apply for funding support pursuant to only one of either the Infrastructure Development Incentive Program or the Infrastructure Financing Incentive Program. DEVELOPMENT ELIGIBILITY i. Location — The proposed business park must be located entirely within the City of Saint John. ii. Size --- The proposed business park must have a minimum of 34 acres available for development. iii. Evaluation - An independent analysis, by a qualified consultant, using industry recognized location and market criteria must recommend the site as a suitable location for development as a Business Park. iv. Zoning --- The proposed location must be zoned "Business Park ". v. Compliance — The development must comply with the requirements of all - applicable statutes and bylaws. (Community Planning Act, Subdivision Bylaw, Zoning Bylaw etc. ). vi. Conveyance - The public right -of -way and municipal service easements must be vested to the City. The following are not eligible: • Single or individual lots * Development costs incurred prior to grant approval e Building or lot improvements not within the public right-of-way Business Park Development Incentive Program 3. CONSTRUCTION a) No construction of infrastructure components eligible for reimbursement can be undertaken prior to approval of the application. b) The Applicant(s) must obtain all necessary permit approvals prior to starting construction. C) Development of the Business Park must start and a Subdivision Agreement with the City must be entered into by the Applicant, within six (6) months of the date of approval by Common Council for the funding incentive. d) The applicant must complete construction of the roadway and all related infrastructure within twenty -four (24) months of the date of the Subdivision Agreement. 4. DESIGN CRITERIA a) Business Park and roadway designs must comply with the City's general specifications and all bylaws respecting the development of Business Parks and public streets. b) Conditions imposed on a project by other approving agencies such as the Planning Advisory Committee will apply to projects receiving funding. Applicants should contact the Planning Department to determine if any of the aforementioned approvals are necessary. S. MAKrNG APPLICATION a) Applicants must use the application form provided. b) If the Applicant is not the owner, a written consent, or copy of a purchase and sale agreement containing consent, to apply must accompany the application. C) The following information must be included with the application: A copy of the current Real Property Tax Assessment; ii. A site plan containing information on the park location, location of proposed municipal services, driveways, landscaping, sidewalks and fences, etc. \2 Business Park Development Incentive Program d) Completed applications will be submitted to the Manager, Industrial Parks, 11 th Floor, City Hall. e) Applications will be reviewed for conformity with the Guidelines. The Applicant will be advised of any changes, which the review process indicates, are necessary. f) All applications will be forv.,arded to Common Council when the review process is completed; the market and location analysis has been submitted; and the applicant has received any necessary approvals from agencies such as the Planning Advisory Committee. g) The Applicant will be required to enter into an agreement with the City of Saint John. The agreement will provide for the Applicant to ensure compliance with the terms and conditions of the incentive program. h) Common Council's approval of any incentive funding will expire should the Applicant not enter into the required agreement within six (6) months of Common Council's approval and/or commence construction within six (6) months of the agreement's execution. 6 Limm TIONS ❑ The amount of incentive funding available in any calendar year is limited to the amount set out in the annual capital budget of the City of Saint John as determined by Common Council. ❑ Common Council may at its sole discretion determine if there are any overriding factors which would disqualify any proposed Iocation from consideration for development as a business park. 7. MORE INFORMA noN The Department of Environment and Development Services administers the Business Parks Incentive Program and co- ordinates the processing of applications, funding claims and recoveries. For more information please contact: Dan LeBlanc, City of Sault John — 11 th Floor City Hall, P D Box 1971, Saint John, N.B. E2L 4LI Telephone: (506) 649 -6070 Fax:(506) 658 -4410 \3 A Business Park Development Incentive Program 1. ELIGIBLE EXPENDITURES The incentive or financial assistance pursuant to this program is provided to offset specific infrastructure costs incurred in developing the public rights -of -way located in the Business Park. There are two aspects to the calculation and payment of this incentive. The first aspect being that the City of Saint John will reimburse the invoiced cost of underground piping materials (water, storm, sanitary) in the public right -of -way. The second aspect of this incentive is to provide financial assistance with all, or a portion of roadway costs (i.e. excavation, asphalt, concrete curbing, concrete sidewalk, street lighting, and landscaping) to the maximum eligible funding as outline below. The level of the incentive 1 assistance is based upon a percentage of the increased assessment generated by new construction within the Business Park during the 36 months following approval of the application by Common Council. The Applicant is required to provide documentary proof, satisfactory to the Chief City Engineer, of all eligible expenditures. For grant purposes, eligible expenditures will be based upon invoiced costs (where applicable) or as determined by the City's Chief Engineer. 2. CALCULATION OFINCENTIVE AND METHOD OFDISBURSEMENT a) Please review this section carefully. Applicants should, for their own benefit, obtain engineering . stimates for the relevant quantities of piping, asphalt, concrete sidewalk, concrete curbing, and landscaping materials as well as general road construction costs to better estimate the maximum funding (incentive) available (to the Applicant), as set out below. b) The total maximum funding to be provided (by this program) is the lesser of; The actual cost incurred for roadway development, including but not limited to: piping materials, excavation, asphalt, concrete sidewalk, concrete curbing, street lighting, granular materials, and landscaping in the public right -of -way or municipal services easement; or ii. $500,000 (five hundred thousand dollars). \4 Business Park Development Incentive Program C) Subject to the maximum funding available to the Applicant, financial assistance provided, by way of this incentive program, will be disbursed in the following manner: i. The initial disbursement of the incentive (grant) will be a reimbursement for the invoiced cost of underground piping materials ee uz_g�valent to the amount provided pursuant to the provisions of the Subdivision Bylaw; and ii. The subsequent disbursement(s) will be based upon an amount equal to 7.5% of the difference between the assessed value of the property before development and the assessed value of the property not later than 36 months from the date the grant application was approved by Common Council, to the maximum funding amount (eligible to the Applicant), less previous disbursements. d) The Applicant is required to provide proof of the current assessed value at the time of making application. e) The assessed value of existing buildings (if any) will be included in the calculation of grants for projects that include conversion, renovation or demolition of buildings. f) Assessed value means the value assessed by the Province of New Brunswick for property taxation purposes. Only the assessed non - residential portion of the buildings and properties will be used for calculation of the grants. g) Park developments undertaken in phases will be considered as a single development for purposes of the grant calculation. The maximum funding set out in paragraph 2(b) shalI apply to the total development and not to the individual phases. h) All claims for funding submitted by the Applicant are subject to audit by the City of Saint John. 3. PAYMENTS a) Payments will be made in instalments. \5 Business Park Development Incentive Program b) The first instalment (to reimburse the cost of underground piping materials) will be issued within 45 days of the Development Officer's approval of the subdivision plan, as per 26(3) of the Subdivision By -law. C) Subject to 2(b), the second instalment will be issued upon the later of the following: i) Completion of the development phase in accordance with the subdivision agreement applicable to the project including curbing, sidewalks, landscaping and any other items imposed by other agencies and forming part of the approval; and ii) The receipt of a certificate(s) of assessment for all lands and buildings located w=ithin the Business Park. In the event an assessment is appealed, receipt of the decision on the appeal. The second instalment will be 7.5% of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings within the Business Park, in the year following the approval of the grant application, less any amount paid as per 2(c)(i), to the maximum funding available as set out in 2(b). d) Subject to 2(b), the third and any subsequent instalments (if applicable), will issued upon receipt of a new certificate(s) of assessment for all lands and buildings located within the Business Park and will be equal to; i. 7.5% of the difference between the assessed value of the lands and buildings within the Business Park before development and the assessed value of the lands and buildings in the Business Park within 36 months of the approval of the grant application by Common Council less, ii. the amount of all previous instalments and any amount refunded as subdivision cost sharing, to the maximum grant (refund) available to the applicant. e) The total amount of the instalments paid cannot exceed the total maximum funding set out in paragraph 2(b) herein (ie: the lessor of the actual eligible costs incurred or $500,000). \5 Business Park Development Incentive Program f) Instalments will not be paid to the Applicant unless and until the eligibility criteria of the Business Park Incentive Program and any requirements imposed pursuant to the Community Planning Act, Zoning Bylaw and Subdivision Bylaw have been fulfilled by the Applicant to the satisfaction of the City. Infrastructure financing may be provided to applicants as a means of ensuring the timely development of specified infrastructure components in a public right -of- -way traversing a Business Park. Assistance will be provided in the form of temporary financing of the capital cost of extending the Council approved infrastructure component(s). The City will recover the cost(s) incurred in the form of lot frontage fees as and when development activity proceeds. 1. DEVELOPMENT ELIGIBILITY If, in the opinion of Common Council, the development of the public right -of -way located in a Business Park will permit the timely development of adjacent lands, Council may approve the provision of infrastructure financing for specified infrastructure components as an alternative to the Infrastructure Development Incentive, as outlined in Section B. Applications will be considered from individuals and companies who own property abutting an existing or proposed public right -of -way Iocated in a Business Park. The financing incentive is available only in those instances where all the abutting property owners make application. 2. COSTS ELIGIBLE FOR FINANCING a) Council may approve specific infrastructure components for financing assistance, including any of the following; • Water, sanitary sewer, storm sewer, concrete curb, concrete sidewalk, asphalt, landscaping, and street lighting. b) Costs, must be as determined in a public tender awarded by the City of Saint John for the specified infrastructure component(s), and may include; ,M Expenditures for excavation, installation and materials. \7 Business Park Development Incentive Program C) Ineligible costs include all of the following, in whole, or in part; i. Expenditures for installation, excavation and materials outside the public right -of -way or municipal services easement ii. Land acquisition costs including legal and survey fees iii. Engineering design and inspection fees iv. Consulting fees incurred by the applicant(s) 3. CAL CULATIONOFREPAYMENTAMOUNT (FRONTAGEFEE) The Applicant(s) will be required to repay a proportionate share of the eligible costs of the approved infrastructure components less the cost of the underground piping materials, as is provided for residential subdivisions pursuant to the Subdivision Bylaw. The repayment amount will be calculated as a frontage fee, equal to the pro -rated portion of the eligible infrastructure costs determined, as follows: Frontage fee ($ /m) = TotaI eligible costs less subdivision cost sharing* Total lot frontage (metres) abutting proposed right-of-way * equivalent to piping material cost - sharing as set out in the Subdivision Bylaw 4. A GREEMENT Each of the Applicant(s) must enter into a Section 39 agreement pursuant to the Community Planning Act to repay the pro -rated portion of the eligible costs (frontage fee), in full, at the earlier of: i. Subdivision of the lot; ii. Building Permit application on any portion of an abutting lot; iii. Sale of the lot /development; or iv. 10 years after approval of the application by Common Council. The frontage fee will be binding on the owners and any subsequent owners pursuant to the terms of the Community Planning Act, until such time as it is repaid in full. ,\\8 Application for the Business Park Deveiopment Incentive Program a May 1999 City of Saint John Name of Applicant: Mailing Address: Postal Code: Telephone: Fax; I E -Mail Name of Landowner if different: Mailing Address: Postal Code: Telephone: Fax: I E -Mail (A letter of consent or Agreement of Purchase & Sale must accompany the application if the owner is not the applicant) Name of Development: Location: (Civic) I (Street) (NBGIC #) Present Assessment: (Attach a copy of tax assessment notice) $ Estimated Assessment -- three year from start of development $ Total acreage of proposed development Total acreage of first phase (if applicable) Piro ram for which you are making APO rc; iro (Check 0 �e O Infrastructure Development Incentive 0 Infrastructure Financing Incentive Application for the Business Park Development Incentive Program • A copy of the most recent property tax bill for the subject land. • A copy of the owners' consent (if applicable). • A site plan(s) containing information on the business park location; location of the proposed municipal services, driveways, landscaping, sidewalks, fencing etc. therein. O Tentative or conceptual subdivision plan (photo reduced to 8% x 11). • An excerpt from the NBG1C mapping system, clearly showing the subject land and its NBGIC Number, if not provided above. • An independent analysis, by a qualified consultant, using industry recognized location and market criteria, recommending the site as a suitable location for a business park. • If the subject land is not currently zoned Business Park (BP), then a copy of the rezoning application must accompany this application. • All applications are subject to the Approval of Common Council. • No application will be submitted for Common Council's consideration until the required materials have been submitted and noted approvals obtained. The undersigned has reviewed and concurs with the terms and conditions of the Business Park Development Incentive Program and hereby makes application for financial assistance therefrom: Signature: \2 Date: zi REPORT TO COMMON COUNCIL M &C99 -167 May 25, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Closure of portions of Moore Street and Osborne Avenue BACKGROUND city of Saint John As the result of a public proposal call, Council at its meeting of October 20, 1997 authorized the sale of the Moore Street lands to L.S.O. Enterprises Ltd. The subject lands were acquired as part of the North End Urban Renewal Scheme and were the subject of a number of previous unsuccessful proposal calls. Since acquiring the land, L.S.O. Enterprises Ltd. (Gerry Lowe) has hired an architect (Peter MacKenzie) and surveyor to assess the subject lands. Preliminary design and cost estimates have indicated that the redevelopment of Moore Street "as is" is not feasible. With the help of his architect and other consultants, Gerry Lowe of L.S.O. Enterprises Ltd. has developed a proposal which would make the redevelopment of Moore Street viable. As per the proposal, Mr. Lowe is requesting that the City close a portion of Osborne Avenue and Moore Street, convey street land to L.S.O. Enterprises along with 2,400 rnz of additional land. With the additional lands, L.S.O. Enterprises proposes a 17 -18 unit townhouse development. On a cursory basis, staff noted that the L.S.O. Enterprises' proposal would require zoning and subdivision plan approval. At this time, staff wish to present the proposal to Council for its consideration with respect to the street closing and additional land request matter. ■ Report to Common Council May 25, 1999 Page 2 ANALYSIS 1. StrateL7ic Plan Conforfflfty/Existing Cky Policy All inquires for land or street closings are reviewed by Real Estate and Facility Management. In the process of reviewing such inquiries, comments are solicited from other departments. Also, it is City policy to sell land by way of a public sale. In instances where such as sale is not prudent or practical, Council can sell land for an amount not less than 10% above its appraised market value. In this instance it would not be practical to publicly offer the land. 2. About the Pr posal With the assistance of consultants, L.S.O. Enterprises has formulated a revised subdivision scheme for the Moore Street area. About 10 townhouse units could be developed on L.S.O.'s current land holdings in the Moore Street area (see plan 1). The revenue from 10 units would not support the construction of the units and the redevelopment of Moore Street. As per the revised subdivision scheme, L.S.O. could develop 17 -18 units on the subject area. To accommodate the additional units, a 1,300 mZ portion along the western extreme of Osborne Avenue and Moore Street would have to be closed and as well, three parcels of land on the south side of Moore Street would be required (700 mZ where Moore meets Osborne, 200 m midway down Moore Street and 1,500 m� where Moore meets Millidge) see attached coloured plan. As per the proposal, a new more rounded intersection of Moore and Osborne would be constructed. This new aligned intersection would provide an acceptable turning radius for emergency vehicles, which the exiting intersection of Moore and Osborne does not provide. The applicant has indicated that the height of the proposed units at Moore and Millidge will not exceed the ground elevation of the Chubb Street land, so as not to interfere with the view of the Chubb Street units. C-Ah� Report to Common Council May 25,1999 Page 3 3. Input From Other Sources Planning has advised that L.S.O.'s proposal would require rezoning. The lands to the south of Moore are zoned Park and do not permit townhouses. Subdivision approval would also be required. The former portion of Rockland Road located to the west of the subject portion of Osborne Avenue (to be closed) was closed by Council on July 2, 1969. As per the proposal call, which led to the sale of the Moore Street land to L.S.O., the lands on the south side of Moore were not to be sold or developed. The purpose of this clause was to ensure the buyer of the Moore Street lands that the view was secured. However, this may no longer apply since L.S.O. is both the owner of the applicable Moore Street lands and the applicant in this instance. The L.S.O. proposal has a better alignment for the intersection of Moore Street to Osborne Avenue. The estimated annual tax base growth by way of L.S.O.'s proposed development is $58,000. 4. Financial Implications The cost of closing the subject portion of Moore Street and Osborne Avenue is $1,200. The estimated annual tax revenue benefit from the proposal is $58,000. 5. Conclusion Staff have reviewed LSO's proposal and concur that it has positive merits. The closing of the subject streets would be the first step in the process of facilitating the proposal. The authority of the street closing will by no means explicitly or implicitly obligate Council to approve the required zoning. 'k -r Report to Common Council May 25, 1999 Page 4 RECOMMENDATION: Your City Manager recommends that Common Council authorize the publishing of a notice of its intention to consider the passing of a by -law to stop -up and close a $00 mz +/- portion of Osborne Avenue (public street) and a 500 n Z +/- portion of Moore Street (public street) as generally shown on the attached colour plan; that L.S.O. Enterprises Ltd. be advised that the advertisement of the proposed street closures does not explicitly or implicitly obligate Council to close the subject portion of streets or approval any future rezoning application arising therefrom; and that upon the closure of the subject portion of streets, staff be authorized to negotiate the sale of the newly created parcels with L.S.O. Enterprises Ltd. Upon completion of negotiations, a report will be presented to Council for consideration. Respectfully submitted, Sid Lodhi, P. Eng. Manager Real Estate and Facility Management . Claude MacKinnon, P. Eng. & DeYelopment Services Terrence Totten, C.A. City Manager • r: m Fort Howe City Land rn P o O 0 N A V a 0 O / 0 pJJ CD N CYV. ato w Gl �� y O� LI o � •o 0 �� O L Li CA LA O a Y� N / Wt �3 y o Hl a j `. �• `II} i' Y 1 N t �•� 4; �� {` • 3 i j. 1 jti.. � y Main Street The shaded area, on the above plan, represents land currently owned by L.S.O. Enterprises Ltd. along Moore Street and Osborne Avenue. a =r 1, AR CL LU y'y ii ~, 4i1 W L Lu O E220 ` (D 5 Lu Y- �. �pLU o o � cq o t Q Jn m O l .�Y t Y ° ♦ 1 Z LL nt - W LL { Y? ,2Z REPORT, TO C.IOAVVION COUNCIII, May 21, 1999 REPORT TO COMMON COUNCIL OPEN SESSION M &C #99 -178 Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: RE: All Terrain Vehicles By-law City of Saint John Staff of the Legal Department has prepared a draft by -law with respect to the use of all terrain vehicles on certain municipal beaches and trail systems. Before asking Council to adopt the bylaw, there are issues with respect to enforcement that ought to be commented upon by the Board of Police Commissioners. RECOMMENDATION: That the draft All Terrain Vehicles Bylaw he referred to the Saint John Board of Police Commissioners for comment and a report respecting Terrence L. Totten, CA CITY MANAGER ALL - TERRAIN VEHICLES BY -LAW 1. Subject to section 2, no person shall operate an all- terrain vehicle in a place designated in Schedule "A ". 2. A person described in Schedule "B" may operate an all- terrain vehicle in a place designated in Schedule "A ". 3. A person who violates this by -law commits an offence and is liable upon conviction to a fine of not less than $50.00 and not more than $100.00. 4. A person who has violated this by -law may pay the minimum fine to and upon such payment is not liable to be prosecuted for the violation. 5. and are responsible for the enforcement of this by- law. Schedule "A" Bay Shore Beach Dominion Park Beach Lakewood Beach McLaren's Beach Mispec Beach and its walking trails Rockwood Park Saint's Rest Beach Tucker Park Beach That portion of the abandoned rail line known as the Shore Line located between Milepost 2.5 and continuing to the-easterly end of the line Those portions of the Sentier N.B. Trail which pass through the City of Saint John Schedule `B" Employees of The City of Saint John and utility providers who are engaged in the course of their employment. Persons who are engaged in providing emergency services or are engaged in training for doing so Persons who are engaged in providing emergency measures services or are engaged in training for doing so. Persons who are engaged in providing search and rescue services or are engaged in training for doing so. Persons who are engaged in providing pollution control or are engaged in training for doing so. r REPORT TO COMMON COUNCIL C;1SIj M&C 99- 177 May 21, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: 'nom City of Saint John. Rezoning Property on McAllister Drive for Proposed East Works Depot. BACKGROUND In 1998, the existing East Works Depot was sold to make way for the Irving Oil Refinery Expansion. Several potential sites in East Saint John for the construction of a new facility have been reviewed and evaluated. This review has identified a site on McAllister Drive, as the best location for an East Works Depot. ANALYSIS The site is presently zoned One and Two Family Suburban Residential (RS -2). In order to construct a municipal maintenance facility it must be re -zoned to Utility and Service Zone (US). The Public Hearing date will be June 28, 1999. The Eastern Works Depot and its location are critical to servicing the geographically large and diverse eastern part of the City. Locating the facility at this preferred site will greatly enhance service delivery. The buildings, working areas and grounds will be visually pleasing and integrate well with the surrounding area. The facility will be well organized and maintained, and creative use will be made of trees, elevation differences and landscaping. M&C99 -177 May 24, 1999 Page 2 RECOMMENDATION It is recommended that Common Council initiate the re- zoning process from Two Family Suburban Residential (RS -2) to Utility and Service Zone (US) for the portion of two properties identified as NBGIC 313429 and NBGIC 55116941 from McAllister Drive to a line parallel to and 60 metres west of Lakewood Avenue West as shown on the attached. Respectfully gtt�mitted, , P. Eng. er, Munic' al Operations Terrence L. Totten, C.A. -City Manager Attachments - 3 �,� / �� ,. i� ��'�, � �,� � � ��'� rss�= a +��r■ � I ,,, xp�� n� ,,/ ,i ,� 1 , ■Trrr�ra� ' _ _ �,, � I 1 �� ssrs � � , �� ,�� i, rss�e sai�ss�� ,� ,,, ��/ � �� • ! J -- �� l �1 ! �� "i ez 4 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, May 17, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of a 1,770 m2± portion of the former Cedar Point Road right -of -way, being a portion of NBGIC Number 55101729, as generally shown on the submitted plan, to Cedar Point Estates Limited for the purchase price of $2,000 plus HST; the purchase price include the cost of subdividing the subject property for the purpose of the sale, and the Mayor and Common Clerk be authorized to execute the deed. 2. That as recommended by the City Manager, the City of Saint John enter into the submitted agreement with H. Alan Church, for the soliciting and placing of advertising in or on designated facilities owned or operated by the City, and the Mayor and Common Clerk be authorized to execute the said agreement. Tuesday, May 25, 1999, Saint John, N.B. Respectfully submitted, &c Shirley McAlary, Chairman. P 9 Portion of N8GIC # 55101729 to be conveyed to Cedar Point Estates Limited a 0 Z s P O 9O Cedar Point Estates Limiter ° Op City land 2 ° 51011 � ° h O h n � cO ° ° 55099386 /0725,5 h AR.N 00� 0 �° 5509937 55099394 550966 /4 CEC j 52 p10 55050506 �^ Jam" 550 55115356 55100747 ,143572 550506( Cedar Point Subdivision 550505 -' 1 _r �' 55115364 55115372 1a35 5-' _ 55 ^5 "S;i '5'505 J 55119036 55050561 i _ �t N 046 55118988 3556 5061 5571 3 `P 0 55112171 55050579 Pic V° 3549 B RC1-ID N `� 55118996 s o ° 550 506371 w w •55119044 0 0 55119002 43531 APPENDIX "A" AGREEMENT BETWEEN THE CITY OF SAINT JOHN And H. ALAN CHURCH CITY OF SAINT JOHN ADVERTISING AGREEMENT THIS AGREEMENT MADE THIS DAY of MAY, 1999. BY AND BETWEEN: THE CITY OF SAINT JOHN of the County of Saint John in the Province of New Brunswick, a body corporate by Royal Charter, hereinafter called the "City" OF THE FIRST PART and - H. ALAN CHURCH, hereinafter called the "Contractor" OF THE SECOND PART THIS AGREEMENT WITNESSES THAT in consideration of the terms and conditions herein contained and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by each of the parties) the parties hereto covenant and agree as follows: 1.0 GRANT OF EXCLUSIVE ADVERTISING RIGHTS 1.1 Subject to the terms and conditions set forth herein, the City hereby gives to the Contractor the exclusive right to solicit and place advertising in or on the facilities owned or operated by the City as designated in Clause 3.0, together with a right of access during usual business hours to the said facilities, for the purpose of placing advertising. 1.2 The City covenants and agrees that it will not, during the term of this Agreement or any renewal hereof, appoint or permit any other party to solicit or place commercial advertising in or on the approved facilities. 1.3 The Contractor acknowledges that the City has a full service vending agreement for beverages in place at the City arenas and community centres, until August 2003. 1.4. The Contractor agrees that the City shall maintain the right to solicit other suppliers to provide and install electronic scoreboards at City sport fields. These scoreboards may include advertising for the provider only on the scoreboard itself. The Contractor shall not be entitled to any commission from such installation. 1.5 The Contractor agrees that four panels in each arena shall be made available at no rental charge to minor hockey organizations during the period October 15 -March 31 of each year for the purpose of promoting the "Stop Checking from Behind Program." 1.6 The general terms and conditions outlined in Appendix I ATTACHED to this agreement: PROPOSAL 98- 080201P ADVERTISING OPPORTUXMES, unless specifically modified by this agreement, shall form part of this agreement. 2.0 TERM OF THE AGREE�NT 2.1 This Agreement shall, unless it is terminated pursuant to the provisions of section 10. 1, remain in full force and effect for a period of five (5) years commencing upon the date of signing and terminating five years later. 2.2 At the end of the initial term, this Agreement shall, unless terminated by either party giving written notice of termination to the other party, not more than 120 days and not less than 60 days prior to the end of the then current term, be renewed for one additional five (5) year period. 2.3 There shall be no renewal beyond the renewal outlined in clause 2.2. 2.4 The Contractor agrees that the City may, at its sole discretion, terminate this agreement following an annual review of the Contractors performance, providing that the City purchases from the Contractor any fixed capital assets, contained within the City facilities, at their depreciated value. The capital assets shall be depreciated over a five year term. The capital assets must have been purchased solely for use in the execution of this agreement. The maximum value of the capital assets before depreciation shall not exceed $30,000. All evaluation of capital assets must be supported by paid invoices. 3.0 DESIGNATED ADVERTISING SPACES 3.1 The physical space available to the Contractor for the placement of advertisements shall be limited to the following areas: (A) Arenas: Lancaster Centennial Arena; Hilton Belyea; Charles Gorman; Simonds Centennial; and Stu Hurley. The Contractor may utilize: interior walls, arena lobby, rinkboards, ice surface, and ice machine for advertising. (B) City of Saint John Sports Fields: Lancaster Memorial; Market Place; Shamrock; St. Peter's; Forest Hills; East Saint John; and Allison. The Contractor may utilize fences, buildings, bleachers, and landscape areas for advertising. (C) City of Saint John Pedway System: The City portion of the pedway system is outlined by solid line in the attached Appendix I titled: Proposal 98- 080201P ADVERTISING OPPORTUNITIES. 3 3.2 The City and the Contractor, may agree to additional facilities for advertising. However, nothing in this agreement obliges either the City to provide additional facilities to accept advertising, or the Contractor to agree to market advertising at additional facilities. The City at its sole discretion shall have the right to remove any facility from the list of advertising facilities. Such removal shall be at the sole discretion of the City. The City shall provide the Contractor with as much advance notice as is possible of any change in the number of facilities available to accept advertising. 3.3 Installation and maintenance of any advertising material will be the responsibility of the Contractor. All racks and frames are the property of the Contractor and remain the property of the Contractor at the end of the agreement period. 3.4 The Contractor shall make available to the City unused advertising space at each facility at no rental charge. The City use of such advertising space shall be to promote the City, or to promote future events in which the City is a partner, and the event has regional, national or international interest or participants. Should the Contractor have an opportunity to rent the space the City shall have the option of using the space and paying the rental or giving up the space. 3.4.1 In the event that the City advertises in unused space, the City, will pay to the Contractor such amount as to offset the Contractors out of pocket expenses for the particular advertising. 3.4.2 Notwithstanding clause (3.4) the Contractor will provide to the City, at no rental fee, a maximum of two advertising spaces at each facility to promote events in which the City is a sponsor. 3.5 There is nothing in this agreement to prohibit team sponsors and tournament sponsors from displaying banners or logos during games or tournaments, provided the display of these banners or logos does not cover or hide fixed advertising in place as a result of this agreement. 3.6 The Contractor at his own expense shall comply with all municipal by -laws, and all federal and provincial statutes and regulations, which might apply. 4.0 REVEIM PAYABLE TO THE CITY 4.1 Subject to the provisions of section (5) hereof, the Contractor shall pay to the City annually an amount equal to twenty-five percent (25%) of gross advertising billings. 4.2 The term "gross billings!' as used in this Agreement means the Contractor's gross billings to its clients during an agreement year, less any amount for: (i) prompt payment discounts allowed to the Contractor's clients, not to exceed 2 %: 4 (ii) credits given to clients to reflect time the facilities are out of service, for periods of more than 10% of regular operations, if applicable; (iii) bad debts (which shall be deemed to be any amounts previously billed to the Contractor's clients where payment is three months or more in arrears less any bad debts subsequently collected by the Contractor); The Contractor shall have the right to write off as bad debts from its total gross billings, any payments which are three (3) months or more in arrears. A statement of all such billings written off shall be furnished to the City at the time the respective amounts are written off, provided, however, that if collection of any or any part of such unpaid billings shall be achieved by the Contractor at any subsequent date, the Contractor shall forthwith pay the City such amount as might otherwise have been payable to the City had the net amount of such recovery been originally included in the gross monthly billings. 4.3 The term "Agreement Year" as used in this Agreement refers to the 365 day period of time commencing on the date of signing of this Agreement and each subsequent 365 day period of time during the term of this Agreement and any renewal hereof. 4.4 The revenue payable by the Contractor to the City pursuant to Section 4.2, shall be paid in quarterly installments, calculated on the gross billings made by the Contractor during each calendar month and shall be paid on, or before, the 20th day of the calendar month following the end of the quarter. 4.5 As soon as reasonably possible, but no later than six months, after the end of each year during the term of this Agreement or any renewal hereof, the Contractor shall deliver to the City an audited statement setting out the calculation of its gross billings for the previous year. 5.0 SUSPENSION OR REDUCTION OF ADVERTISING SITES 5.1 The City shall not be liable for a reduction in or access to, advertising sites due to fire, flood, strike or any other cause. The Contractor shall not receive any compensation from the City of Saint John for any losses which might result from such events. 6.0 ADVERTISING STANDARDS 6.1 The Contractor agrees that the advertising, which is placed in the facilities, will meet acceptable community standards of good taste, quality and appearance and comply with the Canadian Code of Advertising Standards. Further, the Contractor agrees that advertising placed in the facilities will not be considered discriminatory, objectionable to any race, creed or moral standard. The Contractor agrees that it will forthwith remove from any Facility at the Contractors cost, any advertisement which the City Manager, acting reasonably, requests be removed. 7.0 NO LII48MUTY TO CITY OF SAINT JOEIN 5 7.1 The Contractor shall not have any claim against the City for loss or damage of any kind or description, whatsoever, arising from the exercise or purported exercise of the agreement herein, whether or not such loss or damage is due to the negligence of the City or its employees, servants or agents. S.O INDEMNITY 8.1 The Contractor covenants and agrees to indemnify and save harmless the City against any and all damages, claims, demands, actions, suits or other proceedings, by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others, or in respect of damage sustained by others based upon or arising out of, or in connection with this agreement or anything done or purported to be done in any manner hereunder. 9.0 CONTRACTOR'S INSURANCE 9.1 The Contractor shall obtain and keep in force during the term of this agreement comprehensive general liability insurance for bodily injury and property damage with inclusive limits of not less than Two Million Dollars ($2,000,000). The comprehensive general liability policy SHALL include: a) The City of Saint John added as an Additional Named Insured; b) Contractual Liability with respect to this agreement; c) A Cross Liability Clause; d) A Thirty (30) day notice of cancellation that SHALL be given to the CITY OF SAINT JOHN by the Insurer; e) Non -Owned Automobile coverage with a minimum liability limit of Two Million Dollars ($2,000,000). 9.2 The Contractor shall obtain and keep in force during the term of this agreement Automobile Liability Insurance with a minimum limit of liability per occurrence of Two Million Dollars ($2,000,000) for bodily injury and property damage. 9.3 Proof of such liability insurance shall be delivered to the Commissioner of Finance of the City of Saint John on or before the signing of this agreement by the Contractor and thereafter on or before April 30s► of each year of the term or renewal thereof. 10.0 TERMINATION FOR LACK OF PAYMENT 10.1 In the event that the Contractor defaults in making any payments required by this agreement and the default continues for thirty (30) days following notice by the City for payment, the City may terminate this agreement. 11.0 GENERAL PROVISIONS 11.1 The City shall have the right, at reasonable times and upon reasonable notice, to inspect the Contractor's books and records relating to the gross billings, related to this agreement. A 11.2 The Contractor may, from time to time, offer bonus- advertising space to its clients at no cost or leave advertisements in place without having commitments or agreements with the advertiser. No revenue or value will be placed on such arrangements for the purpose of calculating the gross billings. In addition, the Contractor may, from time to time, offer reduced seasonal prices to advertisers in order to generate additional business. 11.3 All notices required by this agreement shall be in writing and shall be delivered in person or by prepaid courier, mailed by certified or registered mail, return receipt requested with postage prepaid. Notice(s) to the Contractor shall be addressed to H. Alan Church, 27 Maiden Lane Rothesay NB, E2E 5S3. Notice(s) to the City shall be addressed to: The Common Clerk, The City of Saint John, 15 Market Square, P.O. Box 1971, Saint John NB, E2L 4L1. 11.4 The Contractor shall not transfer or assign this agreement or any part thereof or retain anyone as a sub - Contractor or otherwise to perform any part of his obligations under this agreement without prior written consent of the City, which may be unreasonably withheld, provided that this agreement may upon written notification to the City, be assigned to a company wholly owned and controlled by the Contractor and incorporated solely to carry out the terms and obligations of this agreement, but not otherwise, on condition that the assignment by written agreement covenants promises and agrees with the City to pay all monies due or to become due under this agreement and to observe and perform all covenants, provisos, terms and conditions contained in this agreement and further provided that this agreement shall terminate in the event that the Contractor ceases to own the majority shares of such company. 11.5 The terms and conditions contained herein constitute the entire agreement between the parties and supersede all previous oral and written communications. 11.6 This Agreement may be amended, modified or changed only by the written agreement of the parties. 11.7 This Agreement shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick. 11.8 Time shall be of the essence of this Agreement. 11.9 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. city of Saint john PROPOSAL 98- OS0201P ADVERTISING OPPORTUNITIES Sealed proposals addressed to David Logan, Purchasing Agent, 2nd Floor, Municipal Operations, P.O. Box 1971, Saint John, N.B., E21- 4L1, and marked on the envelope: "PROPOSAL FOR ADVERTISI \G OPPORTUNITIES" will be received until 4:00 p.m., Thursday, November 12,1998 for Advertising Opportunities. Proposals will be opened publicly in the office of the Purchasing Agent, 2nd Floor, Municipal Operations Complex, 175 Rothesay Avenue, immediately following the proposal closing time. The lowest or any proposal not necessarily accepted. David Logan,. CPPB Purchasing Agent (506) 649 -6038 PROPOSAL. FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 086201P PAGE 2 PROPOSAL FOR ADVERTISING OPPORTUNITIES 1. GENERAL The City of Saint John is seeking proposals from interested and experienced individuals for the purposes of developing and marketing an advertising program for the City. The nature of this program will be two fold. Initially respondents will be required to: A)' assess the advertising potential of various areas and; B) determine the type, style and quality of advertising in each area. Once this has been accomplished, the successful respondent will act as agent to the City of Saint John for the purposes of marketing the plan. The City believes that if properly developed and marketed, the program will have the potential to develop additional revenues required to assist the City to deliver the services the public have grovm to appreciate. The City further believes that, if done properly, there exists sufficient potential for revenue that a partnership arrangement will net both the City and the marketing firm substantial returns. PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 080201 P PAGE 3 2. RECREATION & PARKS The City of Saint John Recreation & Parks Division operates and administers a number of City owned facilities for the primary use of recreational activity. These facilities include five arenas, six community centres, several sports fields and various parks of which most generate revenue. Annual costs to operate each of these facilities have exceeded 51 M while the annual revenues continue to fall short of full cost recovery. Traditionally a very small portion of total annual revenues have been generated from a meagre advertising campaign solely concentrated in the five City arenas. Therefore it is generally believed this viable revenue opportunity needs to be enhanced in order to offset annual operating costs and to provide additional assistance. A very successful program has been implemented inside Harbour Station where local, regional, and national companies have advertised in many unique and varying mediums. It is this success that the Recreation & Parks Dept. are looking for in advertising in the five arenas. If the arena program generates and meets established revenue objectives during the initial stages, the remaining Recreation & Parks facilities will be considered for a similar proposal. Arenas Currently the City operates the following community arenas (year opened); - Lancaster Centennial Arena (1967) West Saint John - Hilton Belyea Arena (1971) West Saint John - Charles Gorman Arena (1971) North Saint John - Simonds Centennial Arena (1967) East Saint John - Stu Hurley Arena (1971) East Saint John Each of these facilities normally operate between October 25`h and April and are open from Sam to midnight seven days per week, excluding statutory holidays within the eight month operating period. Statistically, total arena usage equals 300,000 + participants per season. This does not include spectators or others which could, when combined with participants, represent close to half a million users. Recreation & Parks staff supervise each facility during daily operating hours and a canteen concession operates during peek hours (ie. weeknights and weekends). PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 -- 080201P PAGE 4 ARENAS CONTINUED: Users participate in; - youth and adult hockey leagues, tournaments, and training, - youth and adult speedskating competitions, and training, - figureskating training and competitions, - youth broombali league, training, and tournaments, - and other activities (ie. ball hockey, bingos, trade shows, and/or special events). CURRENT ADVERTISING OPPORTUNITIES The current program offers advertisers the opportunity to display their professionally painted 4 x 8 sign on the interior walls of any combination of the arenas. Most signs are presently located over team benches (opposite the spectator gallery /seating) with a few mounted above the glass at each end of the ice surface. The only other exception to the current program is involved the supply of score clocks for each of the five arenas. However this has expired and a separate replacement program has been implemented. There is currently no signage on rink boards, ice surfaces, or ice machines. Advertisers currently pay an annual fee of $150 for each sign in each arena and are billed at the end of each arena season. FUTURE ADVERTISNG OPPORTUNITIES A review of the existing program presents a number of enhanced advertising opportunities within each of the five arenas. Specifically, areas of availability, additional advertising mediums, and pricing packages will enhance the program and further compliment Recreation and Parks revenues. In addition this new strategy will be reviewed at the end of the first year and could be expanded to other Recreation and Parks facilities if we are successful. The following represents a per sign, per arena annual fee; Interior Walls Arena Lobby Rinkboards Ice Surface 1ceMachine (4'X8') (2'x3') (3'X8/12') (7'x7') (5 year) $500 $250 $800/5900 $1,000 $2,000.00 The content and variety of signs in each arena may vary, therefore the Recreation and Parks Dept. reserves the right to limit the number of signs in each arena. In addition, all signs must adhere to the standard size in order to conform with the aesthetic standards the program intends to establish. PROPOSAL. FOR ADVERTISING OPPORTUNITIES Proposal Flo: 98 — 080201P PAGE 5 Future Advertising Opportunities (continued) Interior Walls Each of the arenas offer unique locations, however the facilities built in 1971 provide identical applications for these signs. Therefore interior walls include the areas over each of the team benches and the public gallery. In addition consideration may be given to the ends of the facility provided they do not conflict with other current advertisers. (The "rink end" would be the multi- purpose room exterior wall.) The remaining two arenas built in 1967 offer different interior wall advertising opportunities but each commands greater viewing. Each provides areas behind the team benches but offer better vantage points in a somewhat different configuration. Arena Lobby Each arena has space for a limited number of smaller signs, although the Lancaster Arena, with it's larger lobby, offers a unique space in the main entrance. Rinkboards This medium provides advertisers with the newest and most unique opportunity in arenas today, as is the case at Harbour Station. Advertisers have two sizes and various locations to choose in each of the arenas. The standard for these signs will be silk - screened on to rolls containing as many as ten signs per roll. The signs are then simply applied to the rinkboards by a "peel and stick" method and can easily be refreshed periodically throughout the season as required. In addition each sign covers the full height of the rinkboard for maximum advertising coverage. Ice Surface Another new form of arena advertising is applying a company logo or message to the ice surface. These will be limited to four per ice surface, ideally located within or around the centre ice area. Slightly more than rinkboard advertising this opportunity would be of particular benefit in higher traffic arenas such as Lancaster and Simonds Arenas. In addition these two arenas provide elevated spectator galleries which maximises centre - ice viewing and advertising potential. PROPOSAL FOR ADVERTISINr. OPPORTUNITIES Proposal No: 98 — 080201 P PAGE 6 Future Advertising Opportunities (continued) Ice Machine Perhaps the most unique advertising opportunity available is the arena ice machine. These moving machines provide a "new" ice surface on a hourly basis and normally spend fifteen to twenty minutes in the public eye each and every hour and are agreeably the center of attention. The best example of ice machine advertising is again at Harbour Station. The ice machines could possibly be painted in a similar way, completely, or they could simply carry inter - changeable signs on each side. The viewing impact is tremendous and the value of a company's exposure is immeasurable. In general, advertisers will be responsible to provide their "camera- ready" artwork, including text for approval and make payment in full within 30 days upon receipt of their invoice. The signs will be two colour with an option of additional colour(s) for an additional fee based on artwork and /or productions costs. The sign manufacturer will arrange with the City to mount all interior wall and lobby signs as well as provide the sign for the ice surface. Recreation & Parks staff will install the ice surface signs while special arrangements through the sign manufacturer will be necessary to install the rinkboard and ice machine signage. 3. REAL ESTATE & FACILITY MANAGEMENT The City of Saint John owns or controls the portion of the uptown pedway system. At various times during the work day, thousands of citizens and visitors alike, find their way into and through all or part(s) of the system. Exact traffic values are not presently available, however, this could be easily obtained by the proponents. A pedestrian count was undertaken by the City on Friday, August 15, 1997 at the Chipman Hill pedway bridge. This is a central location to the pedway system and while the count does not take into consideration special events held at venues such as Harbour Station, the results probably show a base population. A total of 10,305 people were counted from both directions during the hours of 8am — 6pm. This count would also fluctuate when the high schools are in session. While traffic in this area has some seasonal adjustments, it consists mainly of A) year round employees of the various businesses located in the uptown core, B) September to May — students from the three area High Schools and C) May to October — Tourists. The City believes that the pedway system presents unlimited potential for marketing and advertising, and while certain use restrictions are imposed by our partners, i.e. the mail property owners, these do not limit or impact on the advertising potential of this area. Advertising in this area must reflect the quality of the surroundings and the people who work in or use the offices and facilities adjoining the pedway. PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No. 98 — 080201P PAGE 7 4. ADVERTISING STANDARDS All advertisements must be: A) aesthetically pleasing, B) of high quality to fit into the environments in which they will be placed, and C) signs must be safe to users of the location i.e. installation may require P. Eng. approval or type of sign shall not obstruct use of facility. All advertisement copy, must be approved by City staff in writing before installation. This Request for Proposals prohibits the use of any material or representation which is discriminatory in tone or content. Advertisements will not: 1. contain inaccurate or deceptive claims or statements; 2. present products prohibited from sale to minors in such a way as to appear particularly focused at persons under legal age; 3. present demeaning or derogatory portrayals of individuals or groups; 4. reflect partisan viewpoints or take a stand on controversial societal issues; 5. exploit violence and sexuality; 6. accept alcohol signage, except in sponsorship of appropriate events and where the message promoted is one of responsible consumption of the product. Advertising, signage or sponsorship of an event which includes children /youth Under the age of 19 years, will not be accepted; 7. present tobacco products; 8. interfere with the operation of equipment or the provision of services. PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 080201P PAGE 8 5. OBLIGATIONS/CONDITIONS 5.1 Rights The City reserves the right to reject any proposals including those proposals offering the highest remuneration. The City reserves the right to enter into negotiation with preferred Proponents in the event that proposals do not entirely address the requirements and desires of the City. As such, mutually agreeable terms and conditions may be negotiated and included as a modification to proposals. 5.2 Proposals The City shall not be liable for any costs of preparation or presentation of proposals, and all proposals and accompanying documents submitted by Proponents become the property of the City and will not be returned. Proposals submitted shall be final and may not be altered by subsequent offerings, discussions or commitments unless Proponents are requested to do so by the City through a negotiation process. 5.3 Taxes Successful proponents shall pay all applicable taxes arising directly or indirectly out of the business including, without limitation, business taxes, licence fees, employer health taxes and sales tax. 5.4 Property Successful proponents shall be responsible for storing City property (e.g. arena boards) should they need to be removed and for returning affected City property to original paint colours, design and condition at either the end of the contract or if the contract is cancelled by one or both parties. City reserves the right to remove the sign temporarily for the purpose of undertaking maintenance work on the property. PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 080201P PAGE 9 5.5 Insurance Successful proponents shall provide proof on a yearly basis, in the form of certificate, of the following insurance coverage A. General Liability Insurance with a minimum limit of liability per occurrence of 52,000,000.00 for bodily injury and $2,000,000.00 for property damage naming the City of Saint John as an additional insured, as its interests may appear. B. Automobile_ Liability Insurance with a minimum limit of liability per occurrence of $2,000,000.00 for bodily injury and property damage, naming the City of Saint John as an additional insured. The insurance shall include owned automobiles, hired automobiles and non -owned automobiles. These insurance policies shall contain a Cross Liability clause and Severability of Interest Clause. 5.6 Indemnification Successful proponents shall indemnify and hold harmless the City of Saint John, its agents and employees from and against claims, losses, suits, or proceedings that arise out of or are attributable to the operations of their enterprise. Where existing contracts and commitments have not yet expired, successful proponents shall accommodate same and /or negotiate arrangements with the parties concerned. 5.7 Payment Arrangements Successful proponents shall provide remuneration to the City on quarterly basis. The City may wish to negotiate minimum guaranteed payment levels and/or similar arrangements as in C.P.I. increases. 5.8 Council Approval All arrangements, discussions, and negotiations leading to tentative award recommendations are subject to Council approval and in turn may be either altered, changed or ultimately not approved. PROPOSAL. FOR ADVERTISING OPPORTUNITIES Proposal No: 98-080201P PAGE 10 6.0 PROPOSALS 6.1 CRITERIA Proponents are expected to provide a written proposal, five (5) copies for presentation, as well as five (5) copies of any other additional supporting material deemed necessary. + Background on the proponent, company and officers + A statement of relevant expertise and experience which demonstrates ability to fulfil the requirements of the business opportunity + A statement from the bank or appropriate reference indicating financial ability to manage the scope of the business opportunity. + All appropriate detail with regard to the type, form, and installation of proposed advertising venues. The latter should include details about materials, durability and maintenance agreements. + Proposed plans for the start-up of the business opportunity on Oct. 1, 1998. 6. EVALUATIONS Proposals will be evaluated on the basis of information provided by the Proponents. Proposals will be evaluated by an evaluation team comprised of appropriate staff members representing various City departments. The evaluation team will be looking for: + Remuneration offered to the City. + Quality of Proponents' background and experience (ability of proponent) + Extent to which proposals meet the requirement of the call + Quality of effort in the proposal response PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 080201P PAGE I I 7. SUBMISSIONS Sealed proposals for the "Arena and Major Facility Advertising" as specified herein must be addressed /delivered to: City of Saint John P.O. Box 1971 Office of the Purchasing Agent David Logan Municipal Operations Complex 175 Rothesay Avenue Saint John, NB E21- 41-1 And will be received no later than Thursday, November 12, at 4:00 p.m., local time. Proposals by fax or late proposals will be rejected. S. ENQUIRIES Should more information be required prior to the closing date of the proposals, please contact: Recreation and Parks — Bob Russell — (506) 632 -6111 Real Estate and Facility Management — Peter Asimakos — (506) 658 -2869 Materials Management — David Logan --- (506) 649 -6038. PROPOSAL FOR ADVERTISING OPPORTUNITIES Proposal No: 98 — 080201P PAGE 12 ADDITIONAL POINTS FOR PEDWAY SIGNAGE At various locations in the pedway, there are opportunities for wall signs, ceiling /hanging signs, floor signs, projecting signs, window signs and freestanding signs. We encourage proponents of advertising schemes to propose any type or location that they see as an opportunity with the exception of: 1. the glass on the St. Patrick Street, Chipman Hill, City Market at Germain Street or Station Street pedways which travel over the street. 2. Signs which do not meet the basic standards outlined in Section 4; 3. Locations and signage types which may pose a hazard to the public; 4. Signs which are not constructed of high quality materials and of an appropriate design suited to the specific location proposed. HARBOUR STATICm civic CENTRI COSU.RC STREET CO.RCHESTER ST.R-:':T WELLINCTOM ROW Ln j= 2 9c, m ri PEEL STREET I �f , FAZEN AVENUE HARBOUR STATION PEMAY BRIDGE wl1� MERCANTILE M r j CITY c-M.WN SIRE-7 eAUNSW.ClK SQUARE SHOPPING C&jlR-= �L; BRUNSY.-ICK HOUSE CH:?).,A:. HILL CITY HALLE CENTRE UNION ST. 7TUNMEL AQUATIC CENTRE MARKET SQUARE HILTON] HOTEL I 3 01K .*4 Ul KING ARN -1 If Do 1 =GERMAIN ST. TUNNEL HOTEL PEDWAY BRIDGE INDOOR PEDESTRIAN LINK CITY PORTIONS APENOIX SA MCT )GML4. Wvw xxumrw= OF PEDWAY SYSTEM I T. PATRICK ST. RIDGE Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 May 31, 1999 Cedar Point Estates Limited P.O. Box 4486 Rothesay, NB E2E 5X2 Dear Sirs: At a meeting of the Common Council, held on the 25th instant, the following resolution was adopted, namely:- City of Saint John " That as recommended by the City Manager, Common Council authorize the sale of a 1,770 m2± portion of the former Cedar Point Road right -of -way, being a portion of NBGIC Number 55101729, as generally shown on the submitted plan, to Cedar Point Estates Limited for the purchase price of $2,000 plus HST; the purchase price include the cost of subdividing the subject property for the purpose of the sale, and the Mayor and Common Clerk be authorized to execute the deed." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. unford Common Clerk MLM:sc A44 Office of the Mary L. Munford Common Clerk Common Clerk May 31, 1999 H. Alan Church 27 Maiden Lane Rothesay, NB E2E 5S2 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 25th instant, the following resolution was adopted, namely:- " RESOLVED that as recommended by the City Manager, the City of Saint John enter into the submitted agreement with H. Alan Church, for the soliciting and placing of advertising in or on designated facilities owned or operated by the City, and the Mayor and Common Clerk be authorized to execute the said agreement." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Au,�4k Mary L. Munford Common Clerk MLM:sc =-W 10 City of Saint John Planning 02-:� Advisory Committee OPEN SESSION May 19, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Street Vesting 2484 Westfield Road and 30 Birchmount Road City of Saint John The Planning Advisory Committee considered the attached report at its May 18, 1999 meeting. The matter involves the vesting of two small parcels of land from two residential properties along the Birchmount Road. The reason for this street vesting is to facilitate road improvements planned by the City over the subject lands. There was no presentations made and no letters were received from area residents. After considering the matter, the Committee resolved to adopt staff recommendation, which is setout below for your convenience. The Committee also granted the necessary variances relating to this subdivision application. RECOMMENDATION: That Common Council assent to the attached photo- reduced tentative subdivision plans that would vest Part "A" and Part "B" for street purposes. Respectfully submitted, Brian Cunn gham Chairman MO/ Attachment Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4LI DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Type of Application: MAY 14, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF MAY 18, 1999 Mark O'Hearn Planning Officer City of Saint John City of Saint John Glendon & Alice Chambers and Ian & Joan Scott 2484 Westfield Road and 30 Birchmount Road 00296046 and 00291351 Low Density Residential "RS -2" One and Two Family Suburban Residential To vest portions of two residential properties for street purposes. Subdivision and Variances that would: (a) reduce the minimum lot area requirement of 4000 square metres (43,057 square feet) to City of Saint John 2484 Westfield Road and 30 Birchrnount Road Page 2 May 14, 1999 approximately 3447 square metres (37,104 square feet) and 768 square metres (8,267 square feet) for proposed Lots 98 -1 and 98 -2 respectively; (b) reduce the minimum lot width requirement of 54 metres (177 feet) to approximately 39 metres (128 feet) and 14 metres (46 feet) for proposed Lots 98 -1 and 98 -2 respectively; and (c) reduce the minimum lot depth requirement of 38 metres (125 feet) to approximately 30 metres (100 feet) for proposed Lot 98 -2. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on the assent of streets. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By- law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the attached photo - reduced tentative subdivision plans that would vest Part "A" and Part "B" for street purposes. 2. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning By -law that would: (a) reduce the minimum lot area requirement of 4000 square metres (43,057 square feet) to approximately 3447 square metres (37,104 square feet) and 768 square metres (8,267 square feet) for proposed Lots 98 -1 and 98 -2 respectively; City of Saint John Page 3 2484 Westfield Road and 30 Birchmount Road May 14, 1999 (b) reduce the minimum lot width requirement of 54 metres (177 feet) to approximately 39 metres (128 feet) and 14 metres (46 feet) for proposed Lots 98 -1 and 98 -2 respectively; and (c) reduce the minimum lot depth requirement of 38 metres (125 feet) to approximately 30 metres (100 feet) for proposed Lot 98 -2. INPUT FROM OTHER SOURCES: Engineering supports the proposed street vesting in order to facilitate drainage improvements along Birchmount Road. Building and Technical Services has no applicable comments regarding this matter. Real Estate and Facility Management has indicated that the affected property owners are prepared to sell the subject parcels (Parts "A" and `B ") for street purposes. Saint John Energy has no objection to this application. NBTel has no objection to the proposed street vesting. N.B. Department of Public Health Services has no objection to the conveyance of two small parcels of land from the subject properties for street purposes. ANALYSIS: The City of Saint John has negotiated the acquisition of two parcels of land (Parts "A" and "B ") from two unserviced residential lots (see attachments). The vesting of these parcels will resolve a long- existing encroachment of Birchmount Road over the corners of these properties, and allow drainage improvements to be undertaken by the City. The area is zoned "RS -2" One and Two Family Suburban Residential. The Zoning By -law requires a minimum lot area of 4000 square metres (43,057 square feet), a minimum lot width of 54 metres (177 feet), and a minimum lot depth of 38 metres (125 feet). City of Saint John Page 4 2484 Westfield Road and 30 Birchmount Road May 14, 1999 The proposed lots cannot satisfy the minimum area and width requirements, and Lot 98 -2 cannot satisfy the minimum depth standard. It should be noted, however, that the subject properties cannot presently meet these By -law requirements. Based on available mapping, the dwellings situated on these properties can satisfy the minimum setbacks from the proposed new property boundaries. The purpose of this subdivision application is to formally vest portions of Birchmount Road that have encroached over the subject lands for many years. N.B. Department of Public Health Services has no objection to this application. Normally, the further reduction of such small unserviced properties (especially proposed Lot 98 -2) would not be supported; however, given the circumstances, approval of the required variances can be recommended. The proposed street vesting and necessary variances are recommended for approval. COMMUNITY PLANNING 6 40 r i al 36 47 45 GRAND BAY 3f 16 2l 35 5b 25 15 26 45 54 a 2550 2536 / 50 S1 47 55 2575 2555 !y 2535 2522 23 64 acs T 41 31 3 2525 f0 2510 21 � . � 44 72 6 40 56 69 5 75 2513 • r e F �-� yRy'� RS 53 59 63 tsU� 49 y 44 50 IL — 1 39 24 a s 2467 B-2 RS 2' 2452 20 / 2443 21 23 .A ti 16 R 2433 q 17 33 39 45( 2423 : }• \\ i 8 Alo \ r ! N Rpp RR"-, _ 2405 30 D 7 y 34 38 44 \ / 23 99 t � 7 \ ® 2400 �. \\ �� ® 2385 _ NBGIC Number (s): Subject Site: 00296046 00291351 3Og1RC�MOUN`f r{CAp Address: 2484 Westfield Road Map Number: 06N-49 Date: May 10, 1999 Scale: N.T.S. a Ny m NO o °o a i i i �3 go i W— F VVw s a � yam �' Oac+iQ a 0 a Z0 0 !J� a �a,,o p a rr a d 65 2 7 O I m �O V� 4 a I f Y� `L s 1 m °l axis M V 74 g� �N q� p a� �s,• �0'J a � Sao 1 add NE o W co a 0 Wm yt M_ e a 4 m V T � p � Yd � a 0 pm Nm Y � � ¢�p a W py0 x SAINTJOHN DEVELOPMENTCORPORA -'ION P.O. Box 7200, Saint John, New Brunswick E2L 4S6 Tel: 506 - 649 -6066 Fax: 506 -649 -6068 May 18, 1999 Mayor Shirley McAlary and Members of Common Council: City of Saint John RE: FINANCIAL STATEMENTS /ANNUAL MEETING Saint John Development Corporation held its annual meeting on Wednesday March 31, 1999. The following Directors were elected as Officers of the Corporation: Bill Grant, Chairman Steve Clarke, Vice Chairman Shirley McAlary, Secretary /Treasurer Also, attached is a copy of the Corporation's 1998 Audited Financial Statements and the 1998 Audited Financial Statement for the Market Square Parking Garage. Yours truly, SAINT JOHN DEVELOPMENT CORPORATION Theresa Ellefsen Administrator Attachment oc-mall .^( i .if 20 109 _ 4 +M1 j-'ow FINANCIAL STATEMENTS SAINT JOHN DEVELOPMENT CORPORATION (Formerly "The Market Square Corporation ") December 31, 1998 °► ERNST& YOUNG AUDITORS' REPORT To the Directors of Saint John Development Corporation We have audited the balance sheet of Saint John Development Corporation as at December 31, 1998 and the statements of operations and operating surplus and cash flows for the year then ended. These financial statements are the responsibility of the Corporation's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Corporation as at December 31, 1998 and the results of its operations and the changes in its financial position for the year then ended in accordance with generally accepted accounting principles. Saint John, Canada, 41"A-c o �okvcr UP January 27, 1999. Chartered Accountants J ERNST&r YOUNG Saint John Development Corporation BALANCESHEET As at December 3I ASSETS 1998 1997 Fixed [note 41 56,474,708 56,474,708 Cash and certificates of deposit 186,951 381,622 Accounts receivable [note 51 116,607 61,991 Investments, at cost [market value - $180,411] 177,621 — 56 955,887 56,918,321 LIABILITIES AND EQUITY Accounts payable and accrued liabilities [note 61 193,262 171,702 Equity Capital Authorized in the amount of $1,000 1,000 11000 Operating surplus 101,498 85,492 Contributed equity [note 31 56,660,127 _ 56,660,127 56,762,625 _ 56,746,619 56,955,887 56,918,321 See accompanying notes On behalf of the Board: erector Director Saint John Development Corporation STATEMENT OF OPERATIONS AND OPERATING SURPLUS Year ended December 31 1998 1997 Revenue Administration fees 17,980 14,817 Investment income 12,099 7,757 Rental income 55,000 55,000 Waterfront Strategic Plan 30,400 115,479 77,574 Expenses Salaries and benefits 41,040 119,306 Waterfront Strategic Plan 38,000 - Maintenance 30,064 17,321 Outside services 26,300 17,604 Insurance 16,830 15,131 Office supplies 9,456 8,831 Business affairs 1,783 5,897 163,473 184,090 Net operating expenses (47,994) (106,516) Operating grant, City of Saint John 64,000 130,000 Net income 16,006 23,484 Operating surplus, beginning of period 85,492 62,008 Operating surplus, end of period 101,498 85,492 See accompanying notes 2 Saint John Development Corporation STATEMENT OF CASH FLOWS Year ended December 31 Cash provided by (used for) Operations Net income 1998 1997 16,006 23,484 Changes in non -cash balances related to operations Accounts receivable (54,616) 2,822 Accounts payable and accrued liabilities 21,560 24,172 (17,050) _ 50,478 Investing activities Purchase of investments (177,621) Net increase (decrease) in cash and certificates of deposit (194,671) 50,478 Cash and certificates of deposit, beginning of year 381,622 331,144 Cash and certificates of deposit, end of year 186,951 381,622 See accompanying notes M Saint John Development Corporation NOTES TO FINANCIAL STATEMENTS December 31, 1998 1. CHANGE OF NAME On March 18, 1998, by way of Supplementary Letters Patent, the name of the organization was changed from The Market Square Corporation to Saint John Development Corporation. 2. NATURE OF OPERATIONS The Corporation was established to develop and promote the revitalization of the City Centre District. It is specifically responsible to oversee the public interest in the Market Square Project. 3. SIGNIFICANT ACCOUNTING POLICIES The company is incorporated under the laws of New Brunswick. The financial statements have been prepared by management in accordance with generally accepted accounting principles. The more significant accounting policies are outlined below. Contributed equity The three levels of government agreed to fund, or make certain fixed contributions to the cost of the Market Square Project, with the responsibilities for the amounts and extent of funding for each party outlined in the Master Agreement and amendments thereto. This funding is recorded in the accounts as contributed equity. Capitalization policy Fixed assets include all Market Square construction costs incurred by the Corporation in the performance of its work, construction contributions under the construction agreements, and all carrying costs such as interest, property taxes and operating expenses incurred by the Corporation to the completion of the various components. The City of Saint John conveyed the Market Square land sites to the Corporation in trust, subject to the covenants and conditions set out in the agreements. The land is recorded in the accounts at the gross cost of acquisition and site preparation. n Saint John Development Corporation NOTES TO FINANCIAL STATEMENTS December 31, 1998 3. SIGNIFICANT ACCOUNTING POLICIES [continued] Grants The City of Saint John provides an operating grant to the Corporation. The amount approved for 1999 is $65,500 [1998 - $64,000]. Depreciation In common with municipal corporations, depreciation is not recorded on fixed assets. Income Taxes The Corporation is wholly -owned by the City of Saint John and as a result qualifies as a municipal corporation under the Income Tax Act. Accordingly, the Corporation is exempt from income taxes. 4. FIXED ASSETS Fixed assets consist of the following: The assets are held in trust for the City of Saint John and the Corporation's freehold interest is subject to the terms and conditions of a trust agreement. As such, the assets are encumbered until the expiry of the Market Square Head Lease, at which time the assets will revert to the City of Saint John. 5 1998 1997 Land 6,485,214 6,485,214 Parking garage 11,772,463 11,772,463 Trade and Convention Centre 8,757,007 8,757,007 Interior circulation space 8,495,370 8,495,370 Hotel 8,395,326 8,395,326 Library 6,688,798 6,688,798 Site containment 5,186,783 5,186,783 Residential park 366,028 366,028 Truck dock 201,073 201,073 Historic village 126,646 126,646 56,474,708 56,474,708 The assets are held in trust for the City of Saint John and the Corporation's freehold interest is subject to the terms and conditions of a trust agreement. As such, the assets are encumbered until the expiry of the Market Square Head Lease, at which time the assets will revert to the City of Saint John. 5 Saint John Development Corporation NOTES TO FINANCUL STATEMENTS December 31, 1998 5. ACCOUNTS RECEIVABLE Accounts receivable are comprised of the following: 1998 1997 $ $ Canpark Services Ltd. 53,739 42,136 Trade 51,926 18,244 City of Saint John 10,942 1,616 116,607 61,996 6. ACCOUNTS PAYABLE AND ACCRUED LIABILITIES Accounts payable and accrued liabilities consist of the following: 1998 1997 Trade 64,265 28,590 City of Saint John 118,153 131,384 Accrued liabilities 10,844 11,729 193,262 171,703 7. LEASE AND MANAGEMENT AGREEMENTS The Central Building Complex is leased by the Corporation under a Head Lease which expires in 2069. Interest in the Head Lease is held by the Bank of Nova Scotia. Under the Head Lease, rent for the retail, commercial and office premises is on a percentage rent basis while basic rent is payable with respect to the hotel premises. There is no rent payable for the Saint John Free Public Library, the Saint John Trade and Convention Centre and the Market Square Parking Facility of the Central Building Complex. The housing components are governed by separate agreements. The private sector housing is built in a freehold air space parcel and there is no rent payable by the public sector. The Market Square Parking Facility is operated by Canpark Services Ltd. pursuant to a management agreement which expires in December 1999. Net revenues of $517,468 ($501,901 in 1997) were recorded by the Corporation and remitted to the City. In addition, the Corporation earned an administration fee of $17,980 ($14,817 in 1997). P Saint John Development Corporation NOTES TO FINANCIAL STATEMENTS December 31, 1998 8. YEAR 2000 ISSUE The Year 2000 Issue arises because many computerized systems use two digits rather than four to identify a year. Date - sensitive systems may recognize the year 2000 as 1900 or some other date, resulting in errors when information using 2000 dates is processed. In addition, similar problems may arise in some systems which use certain dates in 1999 to represent something other than a date. The effects of the year 2000 Issue may be experienced before, on, or after January 1, 2000, and if not addressed, the impact on operations and financial reporting may range from minor errors to significant systems failure which could affect an entity's ability to conduct normal business operations. It is not possible to be certain that all aspects of the Year 2000 Issue affecting the entity, including those related to the efforts of customers, suppliers, or other third parties, will be fully resolved. 7 STATEMENT OF REVENUE AND EXPENSES THE MARKET SQUARE PARKING FACILITY December 31, 1998 �h 4� i Jf�M zz'J ERNST& YOUNG AUDITORS' REPORT To the Directors of The Saint John Development Corporation We have audited the statement of revenue and expenses of The Market Square Parking Facility as at December 31, 1998. This statement of revenue and expenses is the responsibility of the Corporation's management. Our responsibility is to express an opinion on this financial statement based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, this statement presents fairly, in all material respects, the excess of revenues over expenses of the Market Square Parking Facility for the year ended December 31, 1998 in accordance with the accounting principles described in note 1 to the financial statement. Saint John, Canada, 4t,6d4 It �Oftowr- UP February 12, 1999. Chartered Accountants The Market Square Parking Facility STATEMENT OF REVENUE AND EXPENSES Year ended December 31 1998 1997 Revenue Parking - hourly 406,217 392,104 - monthly 209,224 173,102 - hotel 91,525 87,550 - event parking 85,398 55,637 792,364 708,393 Hotel sublease rent 40,000 40,000 832,364 748,393 Expenses Salaries and benefits 186,657 182,023 Repairs and maintenance 41,362 13,277 Management fee 18,061 12,484 Administration fee 16,647 14,968 Insurance 5,771 5,771 Tickets 4,872 706 Telephone and radio 4,013 3,799 Professional fees 3,123 2,257 Shop supplies 2,723 1,549 Harmonized Sales Tax 2,497 1,930 Accounting 1,800 1,800 Hank charges 1,800 1,800 Data processing 1,500 1,500 Stationery and postage 903 900 Office supplies 793 504 Signage 680 344 Uniforms 376 112 Advertising 213 263 Sweeper 143 209 Cleaning 61 94 Miscellaneous 46 202 294,041 246,492 Excess of revenue over expenses 538,323 501,901 See accompanying notes. The Market Square Parking Facility NOTES TO THE FINANCIAL STATEMENT December 31, 1998 1. SIGNIFICANT ACCOUNTING POLICIES The Market Square Parking Facility is administered by Saint John Development Corporation on behalf of the City of Saint John. The financial statement has been prepared by management in accordance with accounting principles considered appropriate for organizations of this type. The more significant accounting policies are outlined below. Revenue and expenses The Market Square Corporation has entered into a Management Agreement with Canpark Services Ltd. to operate the Facility for the period January 1, 1995 to December 31, 1999. Revenues are recorded as received from Canpark Services Limited. Expenses relate only to the direct operation and management of the parking garage facility and include management fees and administration fees, together with all chargeable costs as defined in the Management Agreement. Expenses relating to obligations under the Parking Garage Lease (such as a proportionate share of common area costs of the Central Building Complex, utility services, depreciation and promotion fund) are not included. The excess of revenues over expenses is remitted to the City on a monthly basis. Fixed assets Expenditures of a capital nature are expensed as incurred. 2. YEAR 2000 ISSUE The Year 2000 Issue arises because many computerized systems use two digits rather than four to identify a year. Date - sensitive systems may recognize the year 2000 as 1900 or some other date, resulting in errors when information using 2000 dates is processed. In addition, similar problems may arise in some systems which use certain dates in 1999 to represent something other than a date. The effects of the Year 2000 Issue may be experienced before, on, or after January 1, 2000, and if not addressed, the impact on operations and financial reporting may range from minor errors to significant systems failure which could affect an entity's ability to conduct normal business operations. It is not possible to be certain that all aspects of the Year 2000 Issue affecting the entity, including those related to the efforts of customers, suppliers, or other third parties, will be fully resolved. 0a NEW BRUNSWICK 2,7 Hi s t o Tip C SOCIETY EST. 1 874 May le, 1999 The Common Council City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Members of Council, At the regular meeting of the N.B. Historical Society held on April 27th, 1999 the matter of the proposed location of an Imax Theatre in Market Square was brought to the attention of the meeting. The discussion on this matter resulted in a resolution for the N.B. Historical Society to write a letter to the city expressing the concern of the Society to the proposed Irnax Theatre and to further express its strong opposition to any consent by the City to the proposal to locate the Theatre on this historic site. The Market Square area, by virtue of it being written into the City Charter, is to be maintained as an open area for market purposes forever, and is therefore not available for other purposes such as an Imax Theatre. We would suggest that if Imax wishes to locate in the city it look at other sites of, which there are many, perhaps even Centenary Queen Square Church would be one to consider. We trust our concern any have your serious consideration. Yours truly, !l 410 ISa+� I ce: The N.B. Historical Society 120 Union Street, Saint John, N.B. Canada E2L lA3 PAKMWt;('1 OFM 171999 Telephone (506) 652 -3590 LOYALIST YIOUSE 29 Tuesday, May 18, 1999 �° mc"yu,. 4 C -uknc; 1 "7I 0 City Clerk Saint John Common Council, 8th Floor City Half_ Re: Request for Service of Gregory Lane I am writing on behalf of the residents of Gregory Lane, one of the last gravel roadways in West Saint John. Gregory Lane is classified as a Private Roadway by City Hall, but we feel this roadway should be upgraded to a "City maintained" road because of the volume of traffic and the dangerous access onto Sand Cove Road. Each spring when the Irving Nature Park opens, the weekend traffic on Gregory lane increases exponentially and then levels off for the season, as Park visitors tend to "explore" the new developments on our street. This year on the opening day of the Nature Park, approximately 100 vehicles inadvertently came down Gregory lane crossing the proposed Canada Trail, found there was no exit and retraced their route. Other than being an annoyance and causing an unacceptable amount of dust for the residents, it also causes an excessive amount of traffic in and out of Gregory Lane. When the vehicles return to Sand Cove Road, they need to veer onto the busy road at an approximate 20 to 30 degree angle from a hidden driveway. When the City of Saint John approved 3 new lots on Sand Cove Road, at the head of Gregory Lane, they reserved property from the developer for a proper roadway access to Sand Cove Road. We request the City of Saint John to address our concerns; 1. Improve the exit /entrance onto Sand Cove Road 2. Signage to indicate a dead end /no exit roadway 3. Bring the road up to City Standard. Please contact me if you have any questions or for additional information. For the residents of Gregory Lane "XVW i MAX is 1999 a` OF tlpff :k 05/19/1999 08:48 506- 632 -80B1 SIMONDS CO -OP PAGE 01/01 r� Kelly Carpenter L0 1731 Manawagonish Road Saint John, NB E2M 3 X2 (506) 672 -7337 May 17, 1999 Ms. Mary Mumford Common Clerk City of Saint John My name is Kelly Carpenter I live at 1731 Ma�gawagonish Road Saint John, NB . I own a parcel of land at the end of Carpenter Place in West Saint John. I am interesting in building a residence on this property but the city engineering tells me I need to be responsible for putting in an 8 -inch water line from Manwagonish Road down to my property. There is a property now at 100 Carpenter Place which is '/4 way down the loll and is serviced by a 1 -inch line from Manwagonish Road, further down the road this f- inch pipe feeds the tourist bureau on the 4 lane highway. I would like to tap into this line but engineering informs me that I must pay to run the fl- inch water line from ManwagonM Road. I feel this is double standard and I think the city should be responsible for this line_ The City is providing service for two properties that are not set up the proper 8 -inch line and I do not brink I should pay to service these two properties correctly with a 8 -inch water line. I would appreciate your attention to this issue and look forward to heating from you with your decision on this matter. Yours truly, Kelly Carpenter k2w' IMY 19 1999 3/ Kennebecasis Rowing Club c/o R. P.O.2 3 Telephone (506) 847 -5803 2055 Rothesay Road Renforfh, NB E2H -2K2 May 20, 1999 Mayor Shirley McAlary and Members of Common Council c/o Common Clerk PO Box 1971 Saint John, NB E2L-4L 1 Her Worship Mayor McAlary and Members of Common Council, On July 3rd 1999, the Kennebecasis Rowing Club will be hosting the 1999 Atlantic Rowing Championships. This regatta will host rowers from all over the Atlantic Provinces. As in the past, there will be a full slate of races throughout the day. However, there is one race we wish to promote as the highlight of the day: The L.R. Ross Memorial Race. As you are aware, Mr. Ross donated a sum of money in 1921 along with the Ross Memorial Cup. The purpose of his donation was to promote an annual race between amateur single scullers, twenty -one years of age and under, who are residents of the Maritime Provinces. Once again, we wish to continue this tradition and provide the winner of this event with a replica trophy, This year, The Kennebecasis Rowing Club is requesting the sun, of $5000. These funds will not only go towards the purchase of the replica trophy, but also towards a construction project the KRC is undertaking, We plan to build an upstairs floor in our boathouse and have received an estimate of $9,950 from Global Construction and Design for the first phase of this project. Since the L.R Ross Memorial Fund was set up not only to run a race between amateur scullers but also to promote the sport of rowing in Saint John and the surrounding areas, we feel that building an upstairs in our club house would greatly enhance our ability to promote rowing. The rowing club has taken great steps forward in recent years in order to provide access to the sport of rowing to a greater number of people in the surrounding communities. Last year was our most successful year ever: membership numbers have never been higher and our racing results are incredibly strong. In order to provide a quality rowing program and to continue the increased interest in the sport, we believe that upgrading our facility will further enable us to continue to grow. Therefore, the majority of the requested funding would be used for this construction project. We thank you for your time in considering our request for funding through the L.R. Ross Memorial Fund. We would also like to extend an invitation to the 1999 Atlantic Rowing Championships on July 3rd 1999 to Her Worship Mayor McAlary and Members of Common Council. R ec y yC .f Gre Pre ' nt COMMON CLERK-$ OFl WAY 20 W SAINTioHN ■ SAINT JOHN FREE PUBLIC LIBRARY BIBLIOTHtQUE PUBLIQUE DE SAINT JOHN to May 18, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John PO Box 1971 Saint John NB E2L 4L 1 Your Worship and Members of Common Council: Since last year the Trustees and Staff of our libraries have been actively involved in preparations for the 1999 Conference of the Atlantic Provinces Library Association which will be held in Saint John May 27 - May 30. We are looking forward to this event which is expected to attract approximately 170 delegates and 50 exhibitors. As the Conference date approaches, it seems timely to bring to Council's attention an overview of some aspects of the use of our own libraries' facilities and services. There follows a sampling of community response to a number of library programmes and collections. In these times of transition to more technology based services, materials and programmes, it is vitally important for the library to retain the essential elements of our literacy based mission. We are confident that Council's investment in our libraries' services is a wise commitment. Yours sincerely, Martha Edwards, Chair Board of Commissioners Enclosure I Market Square ■ Saint john ■ New Brunswick ■ E2L 4Z6 t Market Square a Saint John ■ Nouveau - Brunswick r F-2L 41.6 Telephone: 643 -7220 ■ Fax: 643 -7225 T616phone- 643 -7220 rT6i@photocopieur: 643 -7225 Saint John Free Public Library 1 Market Square, Saint John NB Ph: (506) 643 -7220 Fax: (506) 643 -7225 SAMPLE OF COMMUNITY RESPONSE TO LIBRARY PROGRAMMES AND SERVICES MEMBERSHIPS Central Library, Market Square 23,758 (at January 1999) West Branch, Lancaster Mall 5,496 East Branch, Westmorland Place 4,872 LOAN OF MATERIALS Central Library 143,427 (last reporting year - does not include "in house" use of library West Branch 91,806 materials) East Branch 95,213 INTERLIBRARY LOANS Borrowed 2,395 (reflects participation in Canada's Loaned 2,620 national book lending system for items not available in local collection) Total 5,015 PEOPLE TRAFFIC AT CENTRAL January 1999 22,637 LIBRARY February 1999 March 1999 April 1999 21,355 25,419 21,125 FAMILY DROP -IN (CENTRAL LIBRARY) - prepared programme - adult reads 59 programmes 2,527 participants the focus book to child (or vice versa); (last reporting year) then the family members make a craft based on the story ll Saint John Free Public Library 1 Market Square, Saint John NB Ph: (506) 543 -7220 Fax: (506) 643 -7225 SAMPLE OF COMMUNITY RESPONSE TO LIBRARY PROGRAMMES AND SERVICES MARCH BREAK WEEK `99 Central Library 8 programmes 1,019 children (always a busy time with children's programmes - not everyone heads West Branch 4 programmes 161 children 8 programmes 307 children "south ") East Branch TALKING BOOKS (this special collection of books recorded on cassette tapes is located at the East Branch and is used primarily by visually impaired patrons) 5,597 Talking Books circulated (last reporting year) MICROFILMS (many valuable records and 8 microfilm readers 1 8,407 reels used newspapers exist only on microfilm or microfiche - full digitilization is a long term project) FUNDY TELECOM WORLD WIDE WEB RESOURCE CENTRE AT CENTRAL LIBRARY (Fundy Telecom has provided 5 workstations * 8,789 users telecommunications at no charge and (last reporting year) Council and the Library Board have supplied the hardware. There are 5 minimum number not workstations and for the past two reflecting that often 2 summers, a student assistant has people share a booking offered Internet tutorials which have time been popular. The use of the service is limited to i hour /day /person and is at 100% capacity. The Board looks forward to offering this access at East and West Branches later this year.) 2 35- Her Worship Mayor Shirley McAlary 8 Melrose St. Members of Common Council Saint John, N.B. The City of Saint John E2J 1C9 Delivered by hand WITHOUT PREJUDICE 18 May, 1999 Your Worship Mayor Shirley McAlary and Common Council, The principle: "By all you speak and whisper; all you leave or do, The silent, sullen people judge [our City] and you." Unknown The action requested: That Common Council: 1) Recognize unfairness within it's charge and the joint and several duty to correct malfeasance implied in the City's past dealings with Dynamic Construction Co. Ltd. 2) Act to "pierce the veil" of civic anonymity by reviewing our concerns listed in the attached "Executive Summary ". Related details have been documented in letters to the City over the years and are excluded for brevity. 3) Instruct City Staff to compensate, in coordination with Provincial officials, Dynamic Construction Co. Ltd. for it's Glen Falls properties effectively expropriated. The difference between the City's purchase price of the land and it's fair market value being fair payment. The perspective: As our leaders you must correct wrong, because only you can! Saint John needs the straight paths of fair - dealing. If you create (or tolerate) a crooked path you condemn everyone to it. Business stalls at the hint of bad faith. If there has been none, our remedy should be swift. If there has been, you must correct it or poison the economic downstream. Destroy the traps that kill businesses and make our City shine. Mount the same duty of fairness your electorate mandated and you rode to office. Only bad can flow from our City denying, or allowing our Province to deny, citizen's property rights. Job losses and the muffled screams of the food banks mirror battered investor confidence. Command equity; you alone can! We have suffered gross injustice, in a series of "coincidences" that each appear innocent but which combine to shatter rights entrenched nearly 800 years ago by the Magna Charta - the Spirit of good laws everywhere - which proudly proclaimed: "No free man shall be ... dispossessed ... or in any way destroyed ... To no man will we sell, or deny, or delay, right or justice ... ". We submit, to you in authority, that we have been dispossessed by denial and delay of both right and justice. Further, making us fund an effort to have you execute your duties constitutes a "sale" of justice. Five promises - five violations! With your near infinite resources will you not even try to fulfill these promises; so basic, so long withheld? As our primary officials the onus for justice, is yours alone! Article 14 of the "City of Saint John Flood Risk Area Bylaw" given third reading 3 March, 1980 specifically pre - authorized Council to: expend public monies for ... land ... within the area(s) [owned by us] ... by purchase or expropriation and for .. improving ... water courses ... necessary ... within the area(s)...." thereby logically committing the City to both necessary watercourse maintenance and the funding of consequential private property loss and damage. It was Council's right to veto our land use plan. This veto truly expropriated our property long before the tax sale nonfeasance triggered. The City's conversion of our lands to it's purposes carried the duty to compensate us for it. Far less than one -tenth of one percent per year of your budgeted spending would have funded our claim by now! The City now owns the land. Where is our cheque? We did not invest our life savings in Glen Falls. We invested them in the honour of the City of Saint John, in the pride of the Province with the bold motto: "Hope was restored" and in a Country famous for it's fairness. Crushing small businessmen is not an option. Will you restore hope? RECEIVED COMMON rLERKS OFRCE Uy 21 1999 CITY OF AIE ecu'tIv Summary attached Copied Yours faithfully, Xa cc�.,r� ��- •c.CL� E. Carolyn 'hand Vice - President Dynamic Construction Co. Ltd. EXECUTIVE SUMMARY: Dynamic Construction Corporation Ltd. Appendix to Common Council submission dated 18 May, 1999 Without Prejudice Definitions: Malfeasance: Wrongful conduct by a public official. Misfeasance: Misperforming a proper act. Nonfeasance: Nonperformance of an act that a person has agreed to do or is duty bound to do. The background: The lack of compensation explicitly pre - authorized by Article 14 of the "City of Saint John Flood Risk Bylaw" suggests malfeasance (at least misfeasance and at most nonfeasance) by several consecutive Councils and by at least three City Managers. Salient points are summarized below: ACTS OF COMMISSION ACTS OF OMISSION 1) Should not have taken apparently 11) Should have intervened to preplanned advantage of the prevent the tax sales. nonfeasance implicit in the Provincial tax -sale thereby aggravating Civic nonfeasance. 2) Planned watercourse maintenance 12) Did not compensate despite only after land had been obtained recommendations of three by tax sale. City managers. 3) Destroyed the marketability of 13) Did not offer timely and fair our property before seizing it compensation. by questionable methods. 4) Converted our lands to Civic 14) Created flooding problem by objectives (non -use) without inadequate flood gating and compensation. Judged a "de facto" forced the consequences on expropriation by Nave George. us. 5) Ruined our equity in the project. 6) Destroyed our business plan and our operating impetus. 15) Defaulted on downstream watercourse maintenance. 16) Did not de -silt Marsh Creek. 7) Equity ruined by arbitrary zoning 17) Permitted flooding to and Flood Risk Bylaw. continue. 8) Acquiesced during tax sale 18) Permitted inadequate water proceedings. flow cross - section under railway trestle at Haymarket 9) Land trenched without our Square. permission. 19) Did not install pumps or 10) Gave permission to develop and adequate drainage to prevent retracted it three times flood risk. The Editor Saint John Times Globe P.O. Box 2350 Saint John, N.B. E2L 3V8 Dear Editor, Apt. 412 1700 Hickey Rd. Saint John, N.B. 22J 3S5 18 May, 1999 Ph. 696 -7020 Ph. 658 -0117 Election time is drawing near. For 19 days candidates will be trying to prove that they have acted or would act fairly in the interests of the people. I enclose a copy of a letter sent to Common Council and to several provincial candidates. This letter concerns a news report in the 20 May, 1998 Times Globe concerning Council's "purchase" of 73 building lots in Glen Falls. The " expropriation without compensation" of these lots confiscated the life savings of two small businessmen! My comments published editorially 10 June, 1998 highlighted the ominous inequity : "Destroying those few with courage enough for small business may crush prosperity for us all. Will this be Saint John's legacy ?" Apparently so. The "Executive Summary" attached contains background information which may easily be condensed or omitted. Many have sacrificed much to give us the right to select our leaders. Do our candidates believe in fairness? Response to this and like issues are crucial yardsticks of the treatment the electorate can expect, with no recourse after June seventh. Read on, form an opinion and carry it, by your vote, to your daily life every day for the next four years. Yours faithfully, zyvtm a ames A. Land