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2009-08-04_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, August 04, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Property Matter 10.2(4)(d) 1.2 Negotiations 10.2(4)(c,g) 13 Employment Matter 10.2(4)(c j) 1.4 Employment Matter 10.2(4)(f) 1.5 Employment Matter 10.2(4)(f,j) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of July 6, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Destination Marketing Organization Request to Present in Committee of the Whole (Recommendation: Refer to the Clerk to Schedule) 5.2 Robert O'Donnell Letter Re: Ditches on Borosha Rd (Recommendation: Refer to City Manager) 5.3 Samantha Sutton Letter Re: Westside Food Bank (Recommendation: Receive for Information) 5.4 Vincent Letter Re: Property Matters (Recommendation: Refer to City Solicitor) 5.5 Lease of Land 41 Hanover St (Recommendation in Report) 5.6 Consent to License Pride Inc. Lease City Market Tower (Recommendation in Report) 5.7 Harbour Clean Up Lift Station No. 34 Acquisition of Easement Through Lands of Lois Ellis (Recommendation in Report) 5.8 Heather Way Traffic Calming Plan Update (Recommendation: Receive for Information) 5.9 Extension of Notice to Vacate Rockwood Park Horse Barns (Recommendation in Report) 5.10 Proposed Public Hearing 1808 Hickey Rd (Recommendation in Report) 5. 11 Residential Infrastructure Assistance 54 Thornbrough Development Inc. (Recommendation in Report) 5.12 Design and Engineering Services Water Action Plan (Recommendation in Report) 5.13 Retaining Wall Corner of McKiel St and Connors St (Recommendation in Report) 5.14 Millidgeville Wastewater Treatment Facility - Bar Screen Building Door Installation (Recommendation in Report) 5.15 Lancaster Zone Flow Meters (Recommendation in Report) 5.16 Marsh Creels Drainage Basin Piped Stormwater Diversion System (Recommendation in Report) 5.17 Engineering Design & Constriction Management Services Connaught Ave Culvert Renewal (Recommendation in Report) 5.18 Design Services Loch Lomond Rd (Russell St to Westmorland Rd) Water and Sanitary Sewer Main Renewal and Road Reconstruction (Recommendation in Report) 5.19 Design and Constriction Management Douglas Ave, Ford Ave, Glengarry Dr and Visart St - Water, Sanitary and Storm Sewer Main Installation (Recommendation in Report) 5.20 Sale of Portion of Hazen Avenue to Province for New Court Facility (Recommendation in Report) 5.21 Request for Temporary Placement of a Minihome 2517 Lorneville Rd with Letter of Support (Recommendation in Report) 5.22 Griffin Letter Re Saint John Industrial Parks (Recommendation: Refer to Saint John Industrial Parks) 5.23 Remax Letter Re Alternative Building Site for Police Headquarters (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Stompin' Tom Day August 8, 2009 7.2 Pride Week Festival August 9th to 15th, 2009 8. Delegations/ Presentations 8.1 Partners for Workplace Inclusion 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 693 -697 Manawagonish Rd 9.1(b) Planning Advisory Committee Report Recommending Rezoning with conditions 9.2 Applicant Requesting to Withdraw Rezoning Application for 105 Mountain View Dr 10. Consideration of By -laws 10.1 Proposed Zoning By -Law Amendment Re: Accessory Buildings & Strictures 10.2(a) Proposed Zoning By -Law Amendment 299 Golden Grove Rd 10.2(b) Section 39 Conditions 10.3 Proposed Zoning By -Law Amendment 130 Station St 10.4 Proposed Zoning By -Law Amendment 100 Fallsview Av 10.5(a) Proposed By -Law Amendment 1437 Rothesay Rd 2 10.5(b) Section 39 Conditions 11. Submissions by Council Members 11.1 Flooding in Westgate Park (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 Common Clerk: Proposed Business Improvement Area West (Tabled July 20, 2009) 12.2 Acting City Manager: Green Municipal Funding Agreement - Integrated Community Sustainability Plan 12.3 Acting City Manager: Rockwood Park Redevelopment Phase 2 12.4 Acting City Manager: Development of 1671 Sandy Point Rd City Owned Harrigan Lake Property by North Star Holdings Inc. 12.4(b) Kierstead Holdings Letter Re Moratorium on Development Resolution 12.5 Acting City Manager: Westgate Park Drainage and Traffic 12.6 Acting City Manager: Watermain Cleaning and Lining Program 12.7 Acting City Manager: Signalized Intersection Improvements 2009 2010 12.8 Commissioner of Finance: 2009 Interim Financial Report 13. Committee Reports 13.1(a) Committee of the Whole Report Re 2008 Audited Financial Statements 13.1(b) 2008 Audited Financial Statements 13.2 Board of Trustee Lord Beaverbrook Rink: Request for Funding 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 �1 �i 0 City of Saint John Seance du conseil communal Le mardi 4 aout 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, h6tel de ville 1.1 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.2 N6gociations — alin6as 10.2(4)c), g) 13 Questions relatives a 1'emploi — alin6as 10.2(4)c), j) 1.4 Question relative a 1'emploi — alin6a 10.2(4)f) 1.5 Question relative a 1'emploi — alin6as 10.2(4)f), j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 6 juillet 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande presentee par 1'Organisation de marketing de destinations visant a se presenter devant le comit6 pl6nier (recommandation : transmettre a la greffi&re pour qu'une date de presentation soit fix6e) 5.2 Lettre de Robert O'Donnell relative aux foss6s du chemin Borosha (recommandation : transmettre au directeur general) 5.3 Lettre de Samantha Sutton relative a la banque d'alimentation West Side (recommandation : accepter a titre informatif) 5.4 Lettre de Vincent concernant les questions relatives aux biens -fonds (recommandation : transmettre a 1'avocat municipal) 5.5 Location de biens -fonds situ6s au 41, rue Hanover (recommandation figurant au rapport) 5.6 Consentement relatif au permis /bail de location au nom de Pride Inc. de la tour du march6 municipal (recommandation figurant au rapport) 5.7 Acquisition de 1'emprise par 1'entremise des biens -fonds Lois Ellis, station de relevement no 34, dans le cadre du nettoyage du port (recommandation figurant au rapport) 5.8 Mise a jour sur le plan visant a ralentir la circulation dans le quartier de la voie Heather (recommandation : accepter a titre informatif) 5.9 Prolongation de l'avis d'expulsion relatif aux 6curies du parc Rockwood (recommandation figurant au rapport) 5.10 Date propos6e pour les audiences publiques visant le 1808, chemin Hickey (recommandation figurant au rapport) 5.11 Programme d'aide a l'infrastructure r6sidentielle relativement au 54, Thornbrough Development Inc. (recommandation figurant au rapport) 5.12 Services de conception et d'ing6nierie relatifs au plan d'action pour un reservoir d'eau potable (recommandation figurant au rapport) 5.13 Mur de sout&nement a l'intersection des rues McKiel et Connors (recommandation figurant au rapport) 5.14 Installation de traitement des eaux us6es de Millidgeville — pose d'une porte de batiment dot6e d'une grille a barreaux (recommandation figurant au rapport) 5.15 D6bitm&tres pour le secteur Lancaster (recommandation figurant au rapport) 5.16 Bassin - versant du ruisseau Marsh Creek se d6versant dans le r6seau de derivation des eaux pluviales (recommandation figurant au rapport) 5.17 Elaboration des services de gestion de la conception et de la constriction remplacement des buses de l'avenue Connaught (recommandation figurant au rapport) 5.18 Services de conception pour le renouvellement de la conduite d'eau principale et la refection du chemin Loch Lomond (de la rue Russell au chemin Westmorland) (recommandation figurant au rapport) 5.19 Gestion de la conception et de la constriction de l'installation de la conduite d'eau principale, des 6gouts sanitaires et des 6gouts pluviaux de l'avenue Douglas, de l'avenue Ford, de la promenade Glengarry et de la rue Visart (recommandation figurant au rapport) 5.20 Vente d'une partie de l'avenue Hazen a la Cour pour un nouveau palais de justice (recommandation figurant au rapport) 5.21 Lettre d'appui relative a la demande d'installation temporaire d'une maison mobile au 2517, chemin Lorneville (recommandation figurant au rapport) 5.22 Lettre de Griffin relative aux pares industriels de Saint John (recommandation : transmettre a Saint John Industrial Parks) 5.23 Lettre de Remax relative a un autre terrain a batir pour le quartier general du service de police (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e Stompin' Tom, le 8 aout 2009 7.2 Semaine de la fiert6, du 9 au 15 aout 2009 8. Delegations et presentations 8.1 Partenaires du programme d'int6gration au milieu de travail 9. Audiences publiques 19h 9. la) Projet de modification de 1'arret6 de zonage visant le 693 -697, chemin Manawagonish 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage avec conditions 9.2 Demande du requ6rant de retirer la demande de rezonage — 105, promenade Mountain View 10. Etude des arretes municipaux 10.1 Projet de modification de 1'arret6 sur le zonage visant les batiments et les constrictions connexes 10.2a) Projet de modification de 1'arret6 de zonage visant le 299, chemin Golden Grove 10.2b) Conditions impos6es par Particle 39 10.3 Projet de modification de 1'arret6 de zonage visant le 130, rue Station 10.4 Projet de modification de 1'arret6 de zonage visant le 100, avenue Fallsview 10.5a) Projet de modification de 1'arret6 de zonage visant le 1437, chemin Rothesay 10.5b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.1 Inondations dans le parc Westgate (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffi&re communale : Projet de zone d'am6lioration des affaires dans le quartier West Side (point report6 lors de la reunion du 20 juillet 2009) 12.2 Directeur general par interim : Entente de financement municipal pour 1'environnement — Plan int6gr6 de durabilit6 communautaire 12.3 Directeur general par interim : Projet de r6am6nagement du parc Rockwood — Phase 2 12.4 Directeur general par interim : Demande d'am6nagement visant le 1671, chemin Sandy Point (propriet6 du lac Harringan appartenant a la municipalit6) presentee par North Star Holdings Inc. 12.4b) Lettre de Kierstead Holdings concernant le moratoire relatif a la resolution d'am6nagement 12.5 Directeur general par interim : Circulation et drainage du parc Westgate 12.6 Directeur general par interim : Nettoyage de la conduite d'eau principale et programme de revetement int6rieur 12.7 Directeur general par interim : Am6liorations aux intersections signalis6es (2009 -2010) 12.8 Commissaire aux finances : Rapport financier int6rimaire de 2009 13. Rapports deposes par les comites 13.1 a) Rapport du comit6 pl6nier sur les bats financiers v6rifi6s de 2008 13. lb) Etats financiers v6rifi6s de 2008 13.2 Demande de financement presentee par le conseil d'administration de Lord Beaverbrook Rink 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance I Aug 4, 2009 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of Aug 4, 2009 contains the following items on the agenda: 1. Property matter 10.2(4)(d); 2. Negotiations 10.2(4)(c,g); 3. Employment matter 10.2(4)(c,j); 4 Employment Matter 10.2(4)(f); and 5. Employment Matter 10.2(4)(f,j). Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of Council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": 1. Property Matter 10.2(4)(d)): information regarding the proposed or pending acquisition or disposition of land for a municipal purpose. 2. Negotiations 10.2(4)(c,g): (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal. 3. Employment Matter 10.2(4)(c,j): (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (j) information concerning labour and employment matters, including the negotiation of collective agreements. 4. Employment Matter 10.2(4)(f,j): (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business. 5. Employment Matter 10.2(4)(f,j): (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business; (j) information concerning labour and employment matters, including the negotiation of collective agreements. Respectfully Submitted, Jonathan Taylor Assistant Common Clerk 94 -536 COMMON COUNCIL / CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 6, 2009 7:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Sullivan, and Titus -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; B. Kennan, Manager of Water and Wastewater; S. Herring, Planner; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; D. Scribner, Deputy Chief of Police; M. Gillen, Deputy Fire Chief, B. Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE — LE 6 JUILLET 2009 A 19 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Sullivan et Titus et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; B. Keanan, directeur — eau et eau usees; S. Herring, urbaniste; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; D. Scribner, chef de police adjoint; M. Gillen, chef adjoint du service d'incendie; B. Morrison, commissaire aux services des loisirs; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. Call To Order — Prayer Mayor Court called the meeting to order and Deacon Bob Freill offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le diacre Bob Freil recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Killen Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on June 15, 2009, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Killen Appuyee par le conseiller Mott RESOLU que le proces- verbal de la reunion du conseil communal tenue le 15 juin 2009 soit approuve. A I'issue du vote, la proposition est adoptee. 94 -537 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 3. Approval of Agenda On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the agenda of this meeting be approved with the addition of item 8.4 Robertson Surrette Recruitment of a City Manager Proposal and item 13.1 Committee of the Whole Recommending Step Increase for Common Clerk Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points 8.4, Proposition de Robertson Surrette concernant le recrutement d'un directeur general et 13.1, Recommandation du comite plenier relativement a une augmentation d'echelon pour la greffiere communale. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Eric Teed dated June 22, 2009, regarding the reinstatement of public washrooms on all mayor highways, be received for information. 5.2 That the letter from Crescent Valley Community Tenants Association regarding its 18th Annual Community Fun Days, be received for information. 5.3 That the letter from the River Road Community Alliance Inc. dated June 12, 2009, recognizing the improvements made to the Westfield Road, be received for information. 5.4 That the letter from Patricia Dashwood dated June 25, 2009, regarding negative publicity directed towards the Mayor, be received for information. 5.5 That the letter from John M. Henderson Law Office dated July 2, 2009, regarding the Albert Brun Building Certificate Application for 109 Crawley Road, be referred to the City Manager for a report and recommendation. 5.6 That the letter from John Campbell dated June 23, 2009, regarding the renaming of Market Square, be referred to the City Manager for a report and recommendation. 5.7 That the letter from Marion Debly dated July 2, 2009, regarding the expropriation of the Estate of A.J. Debly, be referred to the City Solicitor. 5.8 That as recommended by the Acting City Manager, the tender submitted by Northern Construction Ltd. for chip sealing at the tendered price of $144,748.48, as calculated based upon estimated quantities, be accepted, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.9 That as recommended by the Acting City Manager, the public hearings for the rezoning applications of Lawrence E. Mason (693 -697 Manawagonish Road) and The Church Army in Canada Inc. (105 Mountain View Drive), be scheduled for Tuesday, August 4, 2009 at 7:00 p.m. in the Council Chamber and that the applications be referred to the Planning Advisory Committee for report and recommendation. 5.10 That as recommended by the Acting City Manager, Common Council accept the proposed extension from the YM /YWCA to operate the Millidgeville Community Centre pursuant to the terms and conditions of the submitted Service Agreement dated December 11, 2008, with the exception that the term and fees be amended accordingly as outlined in the submitted report; and further, that the City Solicitor be directed to prepare all necessary documents; and further, the Mayor and Common Clerk be authorized to execute the necessary contract documents. 94 -538 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 5.11 That as recommended by the Acting City Manager, The City of Saint John conveys the Remnant as shown in the submitted sketch to East Point Inc. on or before August 31, 2009 upon the following conditions: 1. East Point Inc. shall grant to the City of Saint John, its officers, servants, agents, contractors and workers a non - exclusive, perpetual easement, right of way and right to use the Remnant solely for access, ingress, egress, and regress by foot and vehicle for the purpose of maintaining and repairing the Remnant; 2. The City of Saint John shall maintain and repair the Remnant at its sole expense and liability; it being expressly understood that East Point Inc. shall have no liability or responsibility, direct or indirect, for the maintenance and /or repair of the Remnant, except as provided for herein; 3. (a) The City of Saint John shall indemnify and hold East Point Inc. harmless (except for loss or damage resulting from the negligent and willful acts of East Point Inc.) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and /or damage to property arising from or out of any breach of this Agreement by The City of Saint John, including but not limited to The City of Saint John's obligations to maintain the Remnant pursuant to paragraph 2 herein; (b) The East Point Inc. shall indemnify and hold The City of Saint John harmless (except for loss or damage resulting from the negligent and willful acts of the The City of Saint John) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and /or damage to property arising from or out of any breach of this Agreement by the East Point Inc.; 4. East Point Inc. agrees that it shall not construct any building or structure on the Remnant without the prior written consent of The City of Saint John, which consent shall be provided to East Point Inc. upon East Point Inc. delivering to The City of Saint John engineering plans satisfactory to the Chief City Engineer for The City of Saint John, (such satisfaction to be dealt with in a timely fashion and not to be unreasonably withheld) that will provide sufficient access by The City of Saint John to allow The City of Saint John to maintain the Remnant. Notwithstanding the foregoing, if The City of Saint John does not provide its prior written consent then East Point Inc. may proceed to construct a building or structure on the Remnant if East Point Inc. releases The City of Saint John from its obligations to maintain and repair the Remnant in accordance with paragraph 2 above. 5.12 That as recommended by the Acting City Manager, The City of Saint John purchase 252 Golden Grove Road, also identified as PID Number 311829, from the Estate of Elmer Sadleir c/o Stephen A. Sadleir in accordance with the terms and conditions contained in the Agreement of Purchase and Sale attached to the submitted report (M &C # 2009 -193); and further, that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.13 That as recommended by the Acting City Manager, The City of Saint John accept the offer of the Estate of Marjorie H. Lobb c/o Robert Hatfield as set out in the submitted Agreement of Purchase and Sale (Agreement) & purchase from the Estate, the unencumbered freehold title of PID 00351551 described in the Agreement for the sum of $12,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and further, that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. 5.14 That as recommended by the Acting City Manager, The City of Saint John accept the offer of Marvin and Mary Brown as set out in the Agreement of Purchase and Sale (Agreement) submitted with M &C 2009 - 190 and purchase from them the unencumbered freehold title of the portion of PID 00428524 described in the Agreement for the sum of $27,500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and further, that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. 5.15 That as recommended by the Acting City Manager, that Common Council approve the creation of "The Saint John 225 — The Original City /La ville originale Committee" to organize and implement the Saint John 225 program, and further that Common Council confirm a 2010 funding provision of $150,000 for the planning and implementation of the Saint John 225 — Original City /La ville originale program; and further, that The Saint John 225 — The Original City /La ville originale Committee be scheduled to report back to Common Council during the month of October 2009. Is 94 -539 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre presentee par Eric Teed relative au retablissement des toilettes publiques sur toutes les autoroutes principales soit acceptee a titre informatif 5.2 Que la lettre presentee par I'Association des locataires de la collectivite de Crescent Valley concernant la tenue des « Journees divertissantes » communautaires pour la 18' annee consecutive soit acceptee a titre informatif. 5.3 Que la lettre de River Road Community Alliance Inc. en date du 12 juin 2009 attestant de la realisation de travaux de refection sur le chemin Westfield soit acceptee a titre informatif. 5.4 Que la lettre de Patricia Dashwood datee du 25 juin 2009 concernant la mauvaise publicite dont le maire fait ('objet soit acceptee a titre informatif. 5.5 Que la lettre du cabinet John Henderson au nom d'Albert Brun datee du 2 juillet 2009 relativement a la demande de permis de construire visant le 109, chemin Crawley, soit transmise au directeur general aux fins de rapport et de recommandations. 5.6 Que la lettre de John Campbell en date du 23 juin 2009 relativement au changement de nom de la place Market Square soit transmise au directeur general aux fins de rapport et de recommandations. 5.7 Que la lettre de Marion Debly datee du 2 juin 2009 concernant 1'expropriation de la propriete de A.J. Debly soit transmise a I'avocat municipal. 5.8 Que, comme le recommande le directeur general par interim, la soumission presentee par Northern Construction Ltd. visant la pose d'un revetement superficiel, au prix offert de 144 748,48 $, etabli a partir de quantites estimatives, soit acceptee et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.9 Que, comme le recommande le directeur general par interim, la date des audiences publiques soit fixee au mardi 4 aout 2009, a 19 h, dans la salle du conseil, relativement aux demandes de rezonage deposees par Lawrence E. Mason (693 -697 chemin Manawagonish) et par The Church Army in Canada Inc. (105, promenade Mountain View), et que les demandes soient soumises au Comite consultatif d'urbanisme aux fins de la presentation d'un rapport et de recommandations. 5.10 Que, comme le recommande le directeur general par interim, le conseil communal accepte la prolongation de 1'entente comme le veut le YMCA /YWCA visant 1'exploitation du centre communautaire Millidgeville en vertu des modalites contenues dans 1'entente de services datee du 11 decembre 2008, sauf en ce qui concerne la duree et les frais, lesquels doivent titre modifies conformement a ce qui est inscrit dans le contrat soumis, que I'avocat municipal soit charge de rediger toute documentation exigee, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.11 Que, comme le recommande le directeur general par interim, The City of Saint John cede la parcelle non utilisee a East Point Inc., comme elle est indiquee sur le schema presente, au plus tard le 31 aout 2009, selon les modalites suivantes : 1. East Point Inc. devra accorder a The City of Saint John, ses administrateurs, serviteurs, mandataires, ouvriers et employes, les droits non exclusifs et permanents de servitude et d'utilisation de la parcelle non utilisee uniquement pour permettre le va -et- vient a pied ou a bord d'un vehicule, et ce, dans le but d'entretenir ladite parcelle ou d'y effectuer des reparations. 2. The City of Saint John doit assumer I'integralite des frais et 1'entiere responsabilite inherents a la maintenance de ladite parcelle et aux reparations qui y sont effectuees. II est expressement convenu que East Point Inc. ne pourra pas titre tenue M 94 -540 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 responsable, directement ou indirectement, de 1'entretien de la parcelle ou de reparations qui y sont effectuees, sauf dispositions contraires dans Ies presentes. 3. (a) The City of Saint John devra degager East Point Inc. de toute responsabilite et it devra l'indemniser (a 1'exception des pertes ou des dommages resultant de la negligence ou des actes deliberes de la part East Point Inc.) pour ce qui est des dommages - interets, responsabilites, poursuites, reclamations et coots et depenses lies au deces, aux blessures corporelles ou aux dommages occasionnes aux biens resultant de la violation de la presente entente de la part de The City of Saint John, y compris, mais sans s'y limiter, Ies obligations de cette derniere relativement a 1'entretien de Iadite parcelle conformement au paragraphe 2 susmentionne. (b) East Point Inc. devra degager The City of Saint John de toute responsabilite et devra l'indemniser (a 1'exception des pertes ou des dommages resultant de la negligence ou des actes deliberes de la part East Point Inc.) pour ce qui est des dommages - interets, responsabilites, poursuites, reclamations et coots et depenses lies au deces, aux blessures corporelles ou aux dommages occasionnes aux biens resultant de la violation de la presente entente de la part de East Point Inc. 4. East Point Inc. convient de ne construire aucun batiment ni aucune structure sur la parcelle non utilisee sans I'accord ecrit prealable de The City of Saint John, Iequel ne pourra Iui titre delivre qu'apres que East Point Inc. aura fourni tous Ies plans d'ingenierie a The City of Saint John et que ceux -ci seront approuves par l'ingenieur municipal en chef pour le compte de The City of Saint John. L'acceptation devra se faire de maniere opportune et ne devra pas titre refusee sans motif valable afin de permettre a The City of Saint John d'acceder a la parcelle non utilisee en vue de 1'entretenir. Nonobstant ce qui precede, si The City of Saint John ne donne pas son accord ecrit, alors East Point Inc. pourra proceder a la construction d'un batiment ou d'une structure sur la parcelle non utilisee seulement si East Point Inc. Iibere The City of Saint John de ses obligations afin que celle -ci puisse effectuer des operations d'entretien et de reparation sur Iadite parcelle conformement au paragraphe 2 susmentionne. 5.12 Que, comme le recommande le directeur par interim, The City of Saint John acquiere la parcelle de la succession de Elmer Sadleir (executeur testamentaire, Stephen A. Sadler), inscrite sous le NID 311829 et situee au 252, chemin Golden Grove, conformement aux modalites stipulees dans la convention d'achat -vente jointe au rapport soumis (contrat n° M/C 2009 -193), et que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.13 Que, comme le recommande le directeur general par interim, The City of Saint John accepte I'offre telle qu'elle est decrite dans la convention d'achat -vente (convention) et achete le titre non greve de la parcelle inscrite sous le NID 00351551 et decrite dans Iadite convention pour la somme de 12 000 $ dollars, TVH en sus le cas echeant, conformement aux modalites de Iadite convention, et que le maire et la greffiere communale soient autorises a signer toute documentation exigee afin de conclure Iadite transaction. 5.14 Que, comme le recommande le directeur general par interim, The City of Saint John accepte I'offre de Marvin et Mary Brown telle qu'elle est decrite dans la convention d'achat -vente (convention), soumise avec le contrat n° M/C 2009 -179, et achete le titre non greve de la parcelle inscrite sous le NID 00428524, decrite dans la convention pour la somme de 27 500 $, TVH en sus le cas echeant, conformement aux modalites de Iadite convention, et que le maire et la greffiere communale soient autorises a signer toute documentation exigee afin de conclure Iadite transaction. 5.15 Que, comme le recommande le directeur general par interim, le conseil communal approuve la creation de « The Saint John 225 — The Original City Committee /Le Comite de la ville originate » afin de pouvoir creer et mettre en oeuvre le programme de Saint John 225, que le conseil communal confirme I'attribution d'une somme de 150 000 $ en 2010 a cet effet, et qu'une date soit fixee pour permettre a The Saint John 225 — The Original City Committee /Le Comite de la ville originate de presenter un rapport au conseil au cours du mois d'octobre 2009. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 12 94 -541 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Municipal Plan and Zoning By -Law Amendments 99 Hazen Street 9.1 (b) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- Zoning amendments for a parcel of land located at 99 Hazen Street, having an area of approximately 360 square metres, also identified as PID number 00015388 by adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28, "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388" and by re- zoning the same parcel of land from "RM -IF" Multiple Residential Infill to "B -2" General Business to permit the establishment of business offices within the existing building, with one objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 30, 2009 meeting at which the Committee recommended the re- zoning a parcel of land located at 99 Hazen Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with the property owner, Robert Gale, indicating that he was in agreement with the recommendations in the submitted staff report. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification; and adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388," be read a first time. Question being taken the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification; and adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388," be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID number 00015388, from "RM -IF" Multiple Residential Infill to `B -2" General Business, be read a first time. Question being taken, the motion was carried. 13 94 -542 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID number 00015388, from "RM -IF" Multiple Residential Infill to "B -2" General Business, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification du plan municipal et de I'arrete sur le zonage visant le 99, rue Hazen 9.1 b) Comite consultatif d'urbanisme recommandant les modifications relatives au plan municipal et au rezonage conformement aux conditions imposees par I'article 39 Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et du zonage d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388 en l'ajoutant a la liste des zones d'amenagement commercial approuve prevue au point w du paragraphe 2.4.6.28, et en rezonant la meme parcelle de terrain pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale « B -2 » dans le but de permettre 1'etablissement d'un bureau d'affaires dans le batiment existant, et qu'aucune objection n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 30 juin 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 99, rue Hazen, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Le proprietaire, Robert Gale indique qu'il est d'accord avec les recommandations du personnel. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal », visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve prevue au point w du paragraphe 2.4.6.28, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal », visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, 14 94 -543 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve prevue au point w du paragraphe 2.4.6.28, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, pour faire passer la classification de zone d'edification de Iogements multiples sur terrain intercalaire RM -IF » a zone commerciale generale « B -2 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, pour faire passer la classification de zone d'edification de Iogements multiples sur terrain intercalaire RM -IF » a zone commerciale generale « B -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -Law Amendment 899 Grandview Avenue 9.2(b) Planning Advisory Committee Report— No Recommendation to Council The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 680 square metres, located at 899 Grandview Avenue, also identified as PID number 00434142, from "R -1 B" One Family Residential to "RM -1" Three Storey Multiple Residential with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 30, 2009 meeting at which the Committee was unable to make a recommendation to Council regarding the proposed rezoning as the applicant was not present to answer their questions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with the property owner Natalie MacKenzie indicating that she was in agreement with the staff report and recommendation. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 680 square metres, located at 899 Grandview Avenue, also identified as PID number 00434142, from "R -1 B" One Family Residential to "RM -1" Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried. 15 94 -544 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 680 square metres, located at 899 Grandview Avenue, also identified as PID number 00434142, from "R -1 B" One Family Residential to "RM -1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification de I'arrete de zonage visant le 899, avenue Grandview 9.2b) Rapport du Comite consultatif d'urbanisme — Aucune recommandation a ('intention du conseil La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 680 metres carres situee au 899, avenue Grandview et portant le NID 00434142, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1 B » a zone d'edifices a Iogements multiples de trois etages « RM -1 », et qu'aucune objection n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 30 juin 2009, a laquelle le Comite n'a pas pu faire de recommandation au conseil relativement a la proposition de rezonage etant donne que le requerant n'etait pas present pour pouvoir repondre aux questions posees. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. La proprietaire, Natalie MacKenzie, indique qu'elle est d'accord avec le rapport et les recommandations du personnel. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 899, avenue Grandview, d'une superficie approximative de 680 metres carres, inscrite sous le NID 00434142, afin de la faire passer de zone residentielle — habitations unifamiliales « R -1 B » a zone d'edifices a Iogements multiples de trois etages « RM -1 », fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 899, avenue Grandview, d'une superficie approximative de 680 metres carres, inscrite sous le NID 00434142, afin de la faire passer de zone residentielle — habitations unifamiliales « R RM -1 », fasse ('objet d'une deuxieme lecture. 16 94 -545 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 A ('issue du vote, la proposition est adoptee Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 United Way Day September 3, 2009 The Mayor declared September 3, 2009 United Way Day in the City of Saint John. 7. Proclamation 7.1 Journee de Centraide du 3 septembre 2009 Le maire declare que le 3 septembre 2009 est la « Journee de Centraide » dans The City of Saint John. 8. Delegations /Presentations 8.1 Geothermal Energy (Mayor Court) Referring to a submitted presentation, Mayor Court updated Council with respect to the proposed usage of Geothermal Energy in the City of Saint John and he responded to a variety of questions from Council members. 8. Delegations et presentations 8.1 Energie geothermique (maire Court) Faisant reference a une presentation anterieure, le maire Court informe le conseil du projet visant l'utilisation de 1'energie geothermique dans The City of Saint John et repond a diverses questions posees par les membres du conseil. 8.2 Status of the 2004 Recreation Facilities Commission Referring to a submitted presentation, the Commissioner of Leisure Services updated Council with respect to the status of the recommendations from the 2004 City of Saint John Recreational Facilities Commission and he responded to a variety of questions from Council members. 8.2 Statut de la commission sur les installations de loisirs 2004 Faisant reference a une presentation anterieure, le commissaire des Services des Ioisirs informe le conseil de la situation actuelle par rapport aux recommandations de la commission sur les installations de Ioisirs 2004 et repond a diverses questions posees par les membres du conseil. 8.3 Saint John Transit Referring to a submitted report, Frank McCarrey, General Manager of Saint John Transit, updated Council with respect to enhancements to Saint John Transit's routes and schedules and he responded to a variety of questions posed by Council members. Seconded by Councillor RESOLVED that the submitted report entitled Enhancing Saint John Transit's Routes and Schedules be received for information. Question being taken, the motion was carried 17 94 -546 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 8.3 Commission des transports de Saint John Faisant reference a une presentation anterieure, Frank McCarrey, directeur general de la Commission des transports de Saint John, informe le conseil des ameliorations apportees aux itineraires et aux horaires des transports en commun de Saint John et it repond a diverses questions posees par les membres du conseil. Appuyee par le conseiller RESOLU que le rapport soumis intitule Enhancing Saint John Transit's Routes and Schedules (« Amelioration des itineraires et des horaires des transports en commun de Saint John ») soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 8.4 Robertson Surrette Recruitment of a City Manager Proposal On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that proposal submitted by firm Ray & Berndtson, Robertson Surrette be added to Council's agenda. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that Council hear from Anna Stuart, representing the firm Ray & Berndtson /Robertson Surrette, with respect to the recruitment of a new City Manager. Question being taken, the motion was carried. Referring to a submitted presentation, Anna Stuart, Partner at Robertson Surrette, presented her firm's proposal to Council regarding to the recruitment of a new City Manager for the City of Saint John and she responded to a variety of questions posed by Council members. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that Council suspend item 10.7 of its procedural by -law for this item. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Council engage the firm Ray & Berndtson, Robertson Surrette for the recruitment of a new City manager for The City of Saint John, as outlined in the submitted proposal entitled Proposal for the City of Saint in the recruitment of a City Manager. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting) On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that item 15.1 Association Regionale de la Communaute Francophone de Saint Jean inc. Letter Re Jeux D'Acadie be moved forward on the agenda. Question being taken, the motion was carried. 8.4 Proposition de Robertson Surrette concernant le recrutement d'un directeur general Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que la soumission presentee par les societes Ray & Berndtson et Robertson Surrette figure a I'ordre du jour du conseil. 1111 94 -547 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 A ('issue du vote, la proposition est adoptee. Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que le conseil permette a Anna Stuart, representante des societes Ray & Berndtson et Robertson Surrette, de se presenter devant le conseil relativement au recrutement d'un nouveau directeur general. A ('issue du vote, la proposition est adoptee. Faisant reference a une presentation anterieure, Anna Stuart, associee au sein de la societe Robertson Surette, presente au conseil le projet de sa societe visant le recrutement d'un nouveau directeur general pour The City of Saint John et elle repond a diverses questions posees par les membres du conseil. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que le conseil suspende le point 10.7 de 1'arrete relatif au reglement interieur. A ('issue du vote, la proposition est adoptee. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil mandate les societes Ray & Berndtson et Robertson Surrette pour le recrutement d'un nouveau directeur general pour The City of Saint John, comme l'indique le rapport presente intitule Proposition a ('intention de The City of Saint John relativement a 1'embauche d'un directeur general ». A ('issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la seance.) Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que le point 15.1, soit la lettre de I'Association Regionale de la Communaute francophone de Saint -Jean inc. concernant les Jeux de I'Acadie, soit avance dans l'ordre du jour. A ('issue du vote, la proposition est adoptee. 15. General Correspondence 15.1 Association Regionale de la Communaute Francophone de Saint Jean inc. Letter Re Jeux D'Acadie On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the submitted letter from the Association Regionale de la Communaute Francophone de Saint Jean inc. regarding Jeux D'Acadie, be received for information. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Lettre de I'Association Regionale de la Communaute francophone de Saint -Jean inc. concernant les Jeux de I'Acadie Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que la lettre presentee par I'Association Regionale de la Communaute francophone de Saint -Jean inc. concernant les Jeux de I'Acadie, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 19 94 -548 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 994 -1000 Rothesay Road On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 994 -1000 Rothesay Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on August 17, 2009 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 994 -1000, chemin Rothesay Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal visant le 994 -1000, chemin Rothesay soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au 17 aout 2009, a 19 h, dans la salle du conseil. A I'issue du vote, la proposition est adoptee. 10.2 Proposed Municipal Plan Amendment 47-51 and 63-69 Ross Street and 72- 74 St. James Street On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on August 17, 2009 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried with Councillor Higgins voting nay. 10.2 Projet de modification du plan municipal visant le 47-51 et le 63 -69, rue Ross et le 72 -74, rue St. James Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le projet de modification du plan municipal visant le 47 -51 et le 63 -69, rue Ross et le 72 -74, rue St. James soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au 17 aout 2009, a 19 h, dans la salle du conseil. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 11. Submissions by Council Members 11.1 Minimum Property Standards Statistics from May 2008 to May 2009 (Councillor McGuire) (Tabled on June 22, 2009) On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that Item 11. 1, Minimum Property Standards Statistics from May 2008 to May 2009, tabled from the Council meeting of June 22, 2009 be lifted from the table. Question being taken, the motion was carried. 20 94 -549 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Ms. Poffenroth, Deputy Commissioner Buildings and Inspection Services Department be directed to update Council regarding the Minimum Property Standards statistics for the past year. Question being taken, the motion was carried. Referring to a submitted report, the Deputy Commissioner of Buildings and Inspection Services updated Council with respect to the enforcement tools that are currently available for substandard housing by -laws and she provided Council with statistics regarding minimum property standards from May 2008 to May 2009. 11. Interventions des membres du conseil 11.1 Statistiques sur les normes minimales regissant les residences de mai 2008 a mai 2009 (conseiller McGuire) (point reporte a la seance du 22 juin 2009) Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le point 11.1, Statistiques sur les normes minimales regissant les residences de mai 2008 a mai 2009, point reporte de la seance du conseil du 22 juin 2009, soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que Mme Poffenroth, commissaire adjointe aux Services d'inspection et des batiments soit chargee de fournir au conseil les statistiques de I'an dernier portant sur les normes minimales regissant les residences. A I'issue du vote, la proposition est adoptee. Faisant reference a un rapport depose anterieurement, la commissaire adjointe aux Services d'inspection et des batiments informe le conseil relativement aux outils actuellement disponibles permettant d'accroitre le respect et I'application des arretes relatifs aux logements insalubres et elle fournit au conseil les statistiques sur les normes minimales regissant les residences de mai 2008 a mai 2009. 11.2 Soccer Field for Carleton Centre and Market Place (Councillor Killen) On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that the Acting City Manager be directed to provide a report to Council at the next regular meeting outlining the cost of finishing construction of a soccer field affiliated with the Carleton Centre and that funding options for such an undertaking be explored. Question being taken, the motion was carried. 11.2 Terrain de soccer pour le centre communautaire Carleton et pour la place Market (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le directeur general par interim soit charge de fournir un rapport au conseil lors de la prochaine reunion ordinaire mettant en evidence les couts finaux de construction d'un terrain de soccer pour le centre communautaire Carleton, et que I'on examine les possibilites de financement d'une telle entreprise. A I'issue du vote, la proposition est adoptee. 21 94 -550 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 12. Business Matters - Municipal Officers 12.1 Engineering Design Services: Milford Drainage Basin — Stormwater System Improvements On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the Acting City Manager, the proposal of Terrain Group for engineering design services for Milford Drainage Basin — Stormwater System Improvements be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Services de conception technique — Bassin versant de Milford — Modernisation du reseau d'egouts pluvial Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general par interim, la proposition de Terrain Group Inc.visant les services d'ingenierie relativement au projet de modernisation du reseau d'egouts pluvial pour le bassin versant de Milford soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. 12.2 Provision of Cell Phone, Blackberry, Paging and PC Data Cards On motion of Councillor Farren Seconded by Councillor Court RESOLVED that item 12.2 Provision of Cell Phone, Blackberry, Paging and PC Data Cards be tabled until the next regular meeting of Council. Question being taken, the motion was carried Councillors Killen and Sullivan voting nay. 12.2 Fourniture de telephones cellulaires, de BlackBerry, de teleavertisseurs et de cartes de donnees pour PC Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que le point 12.2, Fourniture de telephones cellulaires, de BlackBerry, de teleavertisseurs et de cartes de donnees pour PC, soit reporte a la prochaine reunion ordinaire du conseil. A I'issue du vote, la proposition est adoptee. Les conseillers Killen et Sullivan votent contre la proposition. 12.3 Saint John Harbour Clean -Up Program On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that as recommended by the Acting City Manager, that Council direct staff to prepare a letter for signature by the Mayor requesting additional funding from the Federal and Provincial levels of government to cost share the Harbour Clean -Up Program based on final costs to complete the program. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. 22 94 -551 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 12.3 Programme relatif aux travaux de nettoyage du port de Saint John Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general par interim, le conseil charge le personnel de preparer une lettre aux fins de signature par le maire. Cette lettre visera a obtenir une subvention supplementaire de la part des gouvernements provincial et federal en tant que contribution au financement des travaux de nettoyage du port de Saint John. Le montant de cette contribution dependra des couts definitifs de realisation du programme. A I'issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 12.4 Contract No: 2009 -6: Rothesay Road (Route 100) — (Clairmont Street to Railroad Overpass) — Sanitary Sewer, Storm Sewer and Road Reconstruction — Provincially Designated Highways Improvement Program On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that as recommended by the Acting City Manager, Contract No: 2009 -6: Rothesay Road (Route 100) — (Clairmont Street to Railroad Overpass) — Sanitary Sewer, Storm Sewer and Road Reconstruction — Provincially Designated Highways Improvement Program, be awarded to the low tenderer Galbraith Construction Ltd. at the tendered price of $2,807,325.67 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents and; $300,000 of the $400,000 City share component under the Howes Lake Landfill Closure project approved in the 2009 General Fund Capital Program be utilized as an offset for the cost difference in the General Fund portion of the Rothesay Road project. Question being taken, the motion was carried with Councillor Higgins voting nay 12.4 Contrat no 2009 -6 : Refection du reseau d'egouts pluviaux et sanitaires sur le chemin Rothesay (route 100) (de la rue Clairmont au passage superieur du chemin de fer) dans le cadre du programme d'amelioration des routes municipales designees Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general par interim, le contrat no 2009 -6 visant la refection du reseau d'egouts pluviaux et sanitaires sur le chemin Rothesay (route 100) (de la rue Clairmont au passage superieur du chemin de fer) soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 2 807 325,67 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires, et que I'on preleve 300 000 $ sur les 400 000 $ provenant de la part de la Ville consacree au projet de fermeture du site d'enfouissement du lac Howes, montant qui a ete approuve par le programme de fonds general d'immobilisations pour I'annee 2009, pour financer la partie du programme d'amelioration du chemin Rothesay non couverte par le fonds d'administration. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 13. Committee Reports 13.1 Committee of the Whole Recommending Step Increase for Common Clerk On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole, Council approve a step increase for the Common Clerk to Step C of Group 7 in the Management Salary Grid effective March 17, 2009. voting nay. Question being taken, the motion was carried with Councillor Higgins 23 94 -552 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandation relative a une augmentation d'echelon pour la greffiere communale Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, le conseil valide une augmentation d'echelon pour la greffiere communale, laquelle passera ainsi a I'echelon C du groupe 7 de la grille de remuneration, et ce, a partir du 17 mars 2009. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14.1 Princess Street Reconstruction (Tabled on June 15, 2009) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that Item 14.1 Princess Street Reconstruction tabled from the Council meeting of June 15, 2009 be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Council receive for information the report entitled Princess Street Reconstruction, and further, that copies be sent to Uptown Saint John Inc. and Mrs. Donna Reardon. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Refection de la rue Princess (point reporte a la seance du 15 juin 2009) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que le point 14.1 Refection de la rue Princess reporte lors de la reunion du 15 juin 2009 soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, le conseil accueille, a titre informatif, le rapport intitule Refection de la rue Princess et qu'une copie soit transmise a Uptown Saint John Inc. ainsi qu'a Mme Donna Reardon. A I'issue du vote, la proposition est adoptee. 24 94 -553 COMMON COUNCIL /CONSEIL COMMUNAL JULY 6, 2009 /LE 6 JUILLET 2009 16. Adjournment The Mayor declared the meeting adjourned at 10:45 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 45. Mayor /maire Common Clerk/greffiere communale 25 Gail Bremner C/o Tourism Saint John 1I~' Floor City Hall PO Box 1971 Saint John, NBEZL4L1 Email: gail.bremner@saintjohn.ca July 29, 2009 Jonathan Taylor Assistant Common Clerk Common Clerk n*F| City Hall PO Box 1971 Saint John, N8E2L4LI Email: ionathan.taylor@saintoohn.ca Mayor Court and Members of Council, | onn requesting to present recommendation for a Saint John specific Destination Marketing Organization for Saint John to Committee of the Whole, Common Council commissioned this report inFebruary 2009 when they approved acontract to review and recommend a Saint John specific model for tourism. At that time en interim committee was struck with three appointees from the City of Saint John, two from the Saint John Hotel Association and a City staff person. The process is now complete and a recommendation is ready for consideration. I hereby request to present to Committee of the Whole on Monday, August 17th. Please contact meat your earliest convenience to confirm. You can reach me by cell at 506-333-9690 or by e-mail at gail.bremner@saint'ohn,ca, Thank you for your time and I look forward to hearing from you. Sincerely, f1l Gail Bremner Cc Brian Clark, General Manager, Fundy Trail Parkway Jane Fullerton, Director & CEO, New Brunswick Museum Tammy LeBlanc, General Manger, Hilton Saint John Glenda MacLean, General Manager, Hampton Inn 8'Suites Helena Millar, Owner, TravdcowmseUors.caQ Seely Street B&B Pat Woods, Acting City Manager, City of Saint John 26 ),J July 6, 2009 -1 o Members off common council. Myse1j'and some of my neighbors would like to have afew moments of councils time to explain the problem we have on Borosha Road regarding our ditches. We have trying to get the problem fixed for this being eight years now and we still have ditches that do not drain and only act as collection ponds until the water can soak into the ground My thanks to councilor Mott for at least trying to address our problem last year but digging them deeper is not the answer. We are at the point that our lawns are washing into the ditches. For the first seven years we were told that the ditches were our responsibility by city stall who came out when we called It is at the point that if something is not done soon we will have to get them filled in ,they do no good anyway. Thanks for your time. Replace this text with the contents of your letter. Sincerely, Signature � i C �z ! � J�' , � .. � ,� � � � 27 July 23rd, 2009 Common Council City of Saint John 15Market Square Saint John, NB EM 1.18 Re: Westside Food Bank Your Worship and Councillors, I wish to extend my congratulations to the City Council for its positive action in accepting the recommendation from The Commissioner of Leisure Services to provide accommodation for the Westside Food Bank as part of the Westside Wellness Center operation. The relocation of the Food Bank to the Carleton Community Center will be of considerable benefit to a growing number of families who are finding they cannot maintain a reasonable existence without being able to receive such service It is hoped more individuals and organizations will make useful contributions to the Food Bank and its operation as it is will prove of substantial assistance to the area involved. 28 Yours truly, Samantha Sutton Common Council City of Saint John City Hall July 20, 2009 Re: Property Matters Your Worship and Councillors, I am reluctantly bringing matters to your attention involving property, housing, recreation, opening of the Harbour Passage extension, better park facilities, and what has been made by City policy in particular, a useless property. I have made a number of attempts to explain the situation but Council has referred such to staff, who have constantly deferred or responded negatively to the detriment of property owners, recreation opportunities, senior citizens, and the economics of the City. I will endeavour to set out the issues as briefly as I can with the hope an opportunity will be given to explain such to the Council in public. First, I have been a land developer and have suggestions for policy which could be of benefit to our citizens. I bring to your attention that there is now no access to the Irving Nature Park or Saints Rest Point unless one goes onto the highway because when the City acquired a right of way on the former shore line property, it failed to do so in a manner which would protect the City's interests. As a result, persons cannot continue in the area east of MacLarens Beach, where a barrier has been erected. I must commend the City Staff under the City Manager, Totten, who have recommended more than once that the City acquire full ownership, but this has been denied. The same problem now appears. However, as staff has now changed, I hope my presentation will be heard with a different result. I have a New Brunswick corporation, ofwhich I am the controlling shareholder, by the name of 501631 N.B. Ltd. I have used it for property development. The company has acquired property in several areas and development has been 29 beneficial to the City. The property with which I am concerned is held by my corporation, which is the registered owner of PID 55146229, being described as vacant land below the tracks, Map A 06N 75WE, property account #01695599 which has now been paid. The property is on the west side between the Southern N.B. Railway tracks and the Western Beaches trail. It is composed of two lots of land, divided by the land of the former Shoreline Railway, later Southern N.B. It adjoins Seaside Park on the Western Side. 2. There is now no access to this land, a former right of way from Bardsley Avenue having been closed. 3. The City has turned down a proposed Entrance from Rocky Bluff Terrace by the acquisition of one or two lots. As a result there can be no development. There is an extension of a road to the eastern side of Seaside Park but there is no access through the park to the vacant land. 4. The lands I own are classed as vacant and are assessed at a nominal value, but they are unusable and I attach plans to mandate the situation. 5. I also understand that part of the property south of the N.B. Southern Railway lines is also of no value, as there is no access and it appears it will continue to be useless unless there is a change in policy. If the City chooses to leave matters as to re- zoning as they are with no change in policy, I then ask the City to purchase the property I run or control at a fair price for further development of the property as housing or recreation as the City sees fit. Yours ` Walter Vincent encl. Plan of area Property Tax certificate 30 00]39ll1 � 00]4.15. COLA, 3310Lb03 00]91011 � y�ACi ��i v/►LSM J✓ 00711/93 � _ u u 00]9)b51 e g 50, LP SO y51w0j5 SS�� Ci)1.1bl y0blg3! 5 Sy`tLpL 55`L0~19 — IlObl99] /✓ j 11 SNBBNH 0�l a 3"e° of-' f7-i E C'ov sS /� FuRcd,.vD A vowor�► -rwr= w /t3 H 's +# Abe 4. 1e 1.-2000 Date printed / Date imprim6e Tues"Y3 2002 -10-22 T' .1le Tane/L'1leure 11:19:09 AM 0 40 BO 120 melres tNulc O�n msP maY iL+bc hcs 0um °"� « ° "i °�°°°:c7�6.e�1«cenwaa�+« Scbm pusb:c �:iliry' 71osw�v.p�ml ._,a...: hw�3aric:i0: =p}r . -nth. c.t:a�iyuati•v:arv37�a:nci c: pnpcn�n. hind. auveyumtiaeNeQ3u0euuQrxkS .tdc3�V��«tudaLkevad siomaaru. .SEfY�CENEWB(Up4i5�Cli Mime tif:wR Yao3 P'na,.,r- .I�Ib�3«t. k. aOC tNe�f+Mn Qit 20e CIRifQk Qa3WlS no Qam�aiops. vi. pr1m13 k3 i:ak3 de.e«r -rte S�n� e rn Eaoc L mfaLS, q wd�uaa�'Qunbnrnc�o�mnn. SBNIPBS NOUVCaftBN?Slt9IQ1( Elk Oc mew::e pas un Ievf aoami3uc 1nrliNeparf3ie de3 desuip0as1+0i�9Pa ry p� c.3:ar Ab/ �A939 0r wlun.sadarc 11mJ 31 L; 32 rA igoji.n I,, 1z I� +t EI "`� a! � �= ,...:i . ... � . f * +,�:�t:at�.�i�9i....,' � g o e � �� ` s� f� k .7 Ow I A. A * fl- I, x It 'k JOINT MUNI CIP.tLAND PROVINCIAL REAI. PROPERI V ASSENSSILN'T AND TA\ NO rK I. p A V IS "ILVALUATION ET D'I100T FONCIER M UNICIPAL ET PROVINCIAL C]�I OD CITa OE aAINT 00@1 PROPERTVACCOUNTNUMBER 2009 NUVIERODECONIPFE DU BIEN + 01695599 PFapmy D"""— Description du bien VACANT LAND BELOW TRACKS P.I.O.N 1.0 55146229 PFOpmy L.ucation/Add— EiD l—, du bien • A&— BARDBLHY AVE MAP /CARIB •A 06N -75NE 590 00 33 R093 Total ASSessme I as oflcauaTy l of Current Year tvaluatiun total. au 1° "anviat de rannee en count 3,700 UOl'T.SrMRIREVIE 11L,ft— ED51:MRAII.- FORF.ACRTAIIIIOY NA— Assessmerll Reduction REQUEST FOR REVIEW OF ASSESSMENT 501631 NB LTD RedDction de 1'evaluaidon 0 C/O WALTER VINCENT Net Assessment for Taxation SAINT JOHN NO E2L 4Y9 50 -20 BRIMIIDOD BLVD tvaluotion nere aux fins d 'imposition 3,700 SCARBOROUGH ON M1V 1B7 Closing Date For Request for Review YA M U1 Date limit; de d;lnande Ik division 2009 04 Ol Mailing Date of TLis Notice FinallciDl transactions related to this account after Monthly penalty of 1.06 % compounded will apply Dale de raise 6 la poste du prftnt Avis the below date are n0I included to current taxes not paid on or before Les IIa119etion efrmm&s aprfs Is dale ei•desiou9 Une penahui calculee all mllx mensuel ,on1pOi dc ne figumni pas daps le pri5sent avis 1,06 % s'applique 11 l'imp61 courant hnpaye apres It 1'A N D) 2009 03 02 VA M IN 2009 02 1 01 \A FI In I 2009 05 31 CITY OP /CITE DE SAINT JOHN REAL PRUPENTI'TA \IF1'IFS I•RLLL1'LMFNT mA —11 FIR nFIRRF.RIRRF tx.; xe Rmc: Tx T..+ 1. '�unlclpaj T Roaden0al I Res Elulaal__._....._......._ ............. ... ............... ......... .......................... ..... ........_................. 3.700 1.7850 6605 Total Mladdpal Term I Impbl muni ipal Wall 66 05 Provinclal Tax I ImoDt orovinelal ResidentialI Rdsdenael ..............-_.........._.._.........._............. .......- ._....._......_........ ..........................3.700 1.5000 55.50 Cost d As5e9alna01/ Coal de reVW- ion ...................................... ............................... .......................... 3.700 0.0200 0.74 TOlal Pruv ildal Tama i RDA p ininc ed bid 56 24 Total Current Levies Prior Credit or Arrears Prelivarrent d9mpbt 122 29 CrEdFt ou impdts anterieurs 0 D4 Balarlb Due 122.33 mml courant impayes SUM payer BALANCE IS DUE AS OF MAILING DATEOFTHIS NOTICE SOLDF DU A COMM ER DE LA DATE DE MUSE A LA POSTE DU FORGE NERAL INSTRUCTIONS SEE REVERSE PRESENT AVIS INSTRUCTIONS GENERALES AU VERSO) ............_ ............................ ...................... ...__.... ------------ . -_ __..... __._.....___...__-,__.. ___....._.._._.__.......__.__.. ION _.._..._. i iii �-ii _i...i` .)l IF 1(Il' A11 TU REQLF.NT A RXVUiV (FmST I.E \'[I. OF .1Y1'E,11.] OF ] ASSf:NSiIENT, 51 1UL'S RE5IRFJ. ENE ueSIANOF: DI. R i�l� - - -- -iii. 1'E� ALl.1rIU5 I' 1 1 I ♦u RE11O1'E THIS PORTION OF THE NOTICE AND MAIL IT TO YOUR 11 SSF.SSSIE. \'r OF ME UN '111 "M- TR&CLONING DATE OF TOF. REQUEST FOR RCVIE\\".A : -:0-I. D'AI'PEIJ, ItEJ1YLISSEL LT VETACIII: LLI I' I[ Etil:.\ TE PARII4: uF: [; \\'IS F.f 1'USIt: /.If1\ ] IR F BL'aC,\L xf[:IUNn I. u, \lit'. \71U1 ,\ \ \I IA U\IF. IITnTC. !)l Uf:\I \SRI. U! UOl'T.SrMRIREVIE 11L,ft— ED51:MRAII.- FORF.ACRTAIIIIOY NA— RF.ISIO.. �S U!. [u x\.A U I11 xI.�Re.Se" [i IUIR H.1O \I 1N.I.I REQUEST FOR REVIEW OF ASSESSMENT DEMANDEDE REVISION DE L'EVALUATION TO' REGIONAL ASSESSMENT OFFICE TEL. 843-8200 AU: BUREAU RECRON.AL L)TVALUATION TEL 6436200 P 0 Box 5001 C P Soon SAINT JOHN NO E2L 4Y9 SAINT JOHN N.B. E2L 4Y9 3300550 PI.II.N.ID. ..._.- I....____....._..._.,.. ___. __._ '___.. R093 NUNIFAO DE C ONPT F. DU BIFN \'ALU.\TION 4..ITl DAFI:I.11111E nI: OL1l.ANI /I n4. IRV 1'INf05 55146229 01695599 I 2009 04 D1 PI ,RTt uX'A'rION ADDRESS BARDSLEY AVE MAP /CARTE •A 06N -75NE ACE'dENT DU BIE.N'AORE SSE IIIIR[aI NLVIC?nR/l'IEY(>;TH]SA >RLNSMENT Fr1R Dlf RF.1v11:1 TATCDariDa' PIRIAP —tNT1 If IRF1A \UrI:NENl11Nlr1N IN l "r \Al11T1115 INR kI15x11NI1A.I I11N115 SAVIL N(1 \1 IELF PN(INI ILLI.PI10P11 111.11—t IRIRr IV Ir1TRf1MIWl. [5 IR.... ....x1.11 n.NA x.\Rx SIGNArU116 DATE :D An-F-IN ADRENSE ).MAIL � CDURRIFL SAINT JDaN exc,a In I�i�, m,u Iv inr RILLIN(DA"('F HALA APAYIF AM()U^ "r RF. \Ill "EU DAI'F. DI. FAC II�NAI R)N SOI 1]r APAI'FR 1A M D 1 2009 03 D2 I 122.33 rAl LEI. CANA DIAN PUNDSORA\ 1' NONAC ANADIA14BANKI P.\ YABLEE\ DEVISES CANADIENNES PROVENA\ "( D'L'Nh 8\NQLI. C,1Nm)IF.N E PAYABLE AT MOST CANADIAN FINANCIAL INSTITUTIONS I PAYABLE A LA PLUPART DES INSTITUTIONS FINANC'IERES (TNAI)ILN NI S 01695599 550 501611 Na LTD 00 C/0 N11J.T84 VXBR`BR'I 50 -70 ONDO00D BLVD ECARBOeOUDII ON N1V 197 01695599000001223300000000000122335 34 M & C — 2009 - 206 July 31, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Land — 41 Hanover Street Sale of Freehold Interest in PID# 00017814 (31,701 sq ft + / -) BACKGROUND: April 13, 1960, Order in Council P.C. 1960-5031 approved an agreement between the Government of Canada and The City of Saint John providing for contributions to The City of Saint John to assist in the acquisition and clearance of a blighted or substandard area comprising approximately 57 acres in the Prince Edward and St. Patrick Street section of Saint John for redevelopment purposes, now known as the Courtenay Place Urban Renewal scheme. On May 16, 1969, as part of this redevelopment, the City of Saint John, C.M.H.C. and Trecartin Bros. Ltd. entered into a lease for a parcel of land required to permit the constriction of a commercial building at 41 Hanover Street. This same type of agreement stricture was used for many other commercial developments in this area and in the North End during the early to mid 1960's. The lease for this property contains the following terms: 1. Term: 70 Years commencing November 01, 1968 and ending October 31, 2038. 2. Rental: a) First 20 years ending July 31, 1998 - $1,027.50 per annum. b) For the next 15 year period and for each succeeding 15 year period — annual rental is 7 ' /z% of the value of the land. It is understood that ownership of the building is now held by Red Rose Developments Inc., by assignment of lease. Red Rose Developments Inc. has 35 Report to Common Council Page 2 July 31, 2009 recently expressed interest in initiating the process to purchase the freehold interest in said lands. Any agreement to either renegotiate the lease or sell the property also requires the approval of C.M.H.C., and staff have notified C.M.H.C. of the purchase request. C.M.H.C. stated that a sale based on a Discounted Cash Flow Approach to value would be an acceptable method to determine fair market value from their perspective, however it must be completed by a qualified appraiser and all variables (i.e. discount rate, current land value, inflation rate, etc.) must be justified. Staff had previously engaged David Babineau A.A.C.I. of deStetcher Appraisals Ltd. to complete an appraisal of the land via the methodology agreed to by CMHC. The appraisal established a land value of $114,000.00 as at February 01, 2008. Negotiations with Red Rose Developments Inc. ensued, and recently, staff successfully reached an agreement for Red Rose Developments Inc. to purchase the land for $125,000.00 ( +HST if applicable), subject to Common Council and C.M.H.C., and N.B. Supply and Services approval. A copy of this agreement is attached hereto. Staff inquired of deStetcher Appraisals on July 24, 2009, whether or not there would be any reason to update the February 01, 2008 appraisal. David Babineau A.A.C.I. stated that given the offered price, any change in value would not be significant enough to warrant the expense of an updated appraisal report. It is to be noted that the Courtenay Place Urban Renewal agreement between The City of Saint John and C.M.H.C. states: "It is agreed that the Municipality and the Corporation will share equally in recoveries from the lands, which recoveries shall include: (a) Amounts recovered from the sale, lease, or other disposition of the lands in a manner consistent with the scheme provided that the time, terms and other conditions of the sale or lease shall be established to the mutual satisfaction of the Municipality and the Corporation..." Staff is requesting Common Council's approval first, as from experience, it is found that C.M.H.C. approvals have been very difficult to achieve. It is felt that Common Council's prior approval will facilitate the approval process with C.M.H.C. .M Report to Common Council July 31, 2009 RECOMMENDATION: Page 3 That subject to the approval and consent of Canada Mortgage and Housing Corporation, The City of Saint John accept the offer of Red Rose Developments Inc. as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 206 & sell to it the freehold title of PID 00017814 for the sum of $125,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. 2. That the Mayor and Common Cleric be authorized to execute all documents required to complete this sale of land. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager Attachments 37 Report to Common Council July 31, 2009 PNi' P IN Page 4 S ` ket rue Rano` $t. Description of Plan: Hanover Street & Crown Street area location N PID: 00017814 I Address: 41 Hanover.Street Pan: 01636618 Date: July 29, 2009 we Subject to the approval /consent of Canada Mortgage and Housing Corporation and N.B. Supply and Services, the Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the Vendor's lands situate at 41 Hanover Street PID # Q0017814, as hereinafter set out upon the following terms and conditions: Vendor: THE CITY OF SAINT JOHN P.O. Box 1971,15 Market Square Saint John, NB E21. 41 Attention: Common Clerk Purchaser: RED ROSE DEVELOPMENTS INC. 12 Smythe Street Saint John, NB E2L5G5 JUL 20 214% Attention: Michael Boyle Premises: 41 Hanover Street Saint John, NB PID # 00017814 Purchase Price: $125,000.00 + HST if applicable Deposit: $12,500.00 payable on Purchaser's submission of this offer to the Vendor Balance: $112,500.00 on Closing Closing Date: Within 120 days following receipt of the approval /consent of Canada Mortgage and Housing Corporation, and N.B. Supply and Services. 1, Purchaser shall acquire from Vendor the freehold title to PID # 00017814 saving and excepting any existing easements or right of ways. 2. Purchaser may examine the title to the real property at Its own expense within twenty (20) days following Purchaser's acceptance of this offer. if within that time any valid objection to the title to the real property Is made In writing by Purchaser to Vendor which Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which Purchaser will not waive, this agreement shall, notwithstanding any Intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 3. Purchaser shall pay HST if applicable. There shall be no other adjustments other than land rent; normal adjustments already being to the account of Purchaser. 40 N Agreement of Purchase and Sale Red Rose Developments Inc and The city of Saint John 4, Vendor shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated. 5. Vendor acknowledges receipt of the deposit which shall be returned to the Purchaser in the event that Canada Mortgage and Housing Corporation, and N.B. Supply and Services do not approve /consent to this sale and In the event that Vendor does not accept Purchaser's offer. 6. If Purchaser defaults in the dosing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to Vendor by way of liquidated damages or Vendor may at its option compel Purchaser to complete the sale. 7. This offer shall, on acceptance by Vendor, constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof, in witness whereof Purchaser has caused these presents to be executed this day of July,2009. t .A RED ROSE DEVELOPMENTS INC. AND Vendor has caused these presents to be executed this I day of _ 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 41 M &C- 2009 -213 July 31, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Consent to License - Prude Inc. Lease - City Market Tower BACKGROUND: By lease dated October 16, 2002 and Amendment to Lease dated March 10, 2009 (collectively "the Lease "), Pride Inc. (Pride) occupies a portion of the third floor, and the entire fourth floor of the City Market tower. Pride recently approached City staff regarding its interest to share its space by way of a License Agreement with The Saint John Multicultural & Newcomer Resource Centre Inc. / Centre d'Accueil Multiculturel et des Nouveaux Arrivants de Saint John Inc. (MNRC) as it has excess capacity in its space and a desire to share services and certain expenses where possible in an effort to streamline its operations. MNRC has been seeking a location for its operations and the City Market has been deemed ideal. Clause 1. of Schedule "C" in the Lease permits the license by the tenant to a third party provided the landlord gives consent. "The Lessee shall not assign, transfer, sublet or otherwise by any act or deed cause or permit the demised premises or any part thereof to be assigned, transferred or sublet without the prior written consent of the Lessor such consent may, at the sole discretion of the Lessor, be withheld. ". Pride have requested that the City consent to the License Agreement attached hereto. Staff have reviewed this request and have, subject to Common Council's 42 Report to Common Council July 31, 2009 Page 2 approval, prepared the attached Consent to the License Agreement, such Consent being required by clause 1. of Schedule "C" of the Lease. RECOMMENDATION: That The City of Saint John consent to the Licence Agreement dated June 26, 2009 between Pride Inc. and The Saint John Multicultural & Newcomer Resource Centre Inc. attached to M &C # 2009 -213; and further 2. That the Mayor and Common Cleric be authorized to execute such Consent. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager p«, 43 LICENSE AGREEMENT THIS AGREEMENT is made the & day of , 2009. BETWEEN: WHEREAS: PRUDE INC., a company incorporated under the laws of the Province of New Brunswick and having its registered office at The City Market, 47 Charlotte Street, Saint John, NB, E21, 21-17 (the "PRUDE ") OF THE FIRST PART - and - THE SAINT JOHN MULTIC LTURAL AND NEWCOMER RESOURCE CENTRE INC.,/CENTRE D'ACCUEIL MULTICULTUREL ET DES NOUVEAUX ARRIVANTS DE SAINT.JOIIN INC. a company incorporated under the haws of the Province of New Brunswick and having its registered office at 44 Chipman Hill, Suite 1000, Saint John, NB, E2L 4S6 (the "MNRC ") OF THE SECOND PART A. By lease dated October 16, 2002 and amendment to lease dated March 10, 2009 entered into between PRUDE and The City of Saint John (the "Lease "), PRUDE leased certain premises, including part of the 3`1 and 0 floors of The City Market being located at civic address 47 Charlotte Street, in the City of Saint John, in the County of Saint John and Province of New Brunswick as more particularly described in Schedule "A ", hereto (the "Premises "); B. PRUDE and the MNRC have agreed that the MNRC shall have a licence to access and use the Premises in accordance with the terms hereof. NOW THEREFORE that for and in consideration of the terms and conditions hereinafter set forth and the sum of ONE DOLLAR ($1.00) now paid by each of the Parties hereto to each of the other Parties hereto (the receipt and sufficiency whereof are hereby respectively acknowledged), PRUDE and the MNRC grant, covenant and agree with each other as hereinafter set forth. 1. DEFINITIONS AND INTERPRETATION In this Agreement, except where the context otherwise expressly requires, the terms, words and expressions set forth below have the meanings assigned to them, and capitalized or other derivatives of such defined terms, words and expressions have corresponding meanings: 633201.0 (a) "Agreement" means this agreement, including all attachments hereto or incorporated herein by express reference, as may be amended by the Parties from time to time; (b) "MNRC's Property" means all property which is owned by or otherwise under the care and control of the MNRC. (c) "Authorized Employee" has the meaning set out in subsection 6.1; (d) "Business Day" means any day which is not (i) a Saturday or a Sunday; or (ii) a day observed as a holiday under the laws of the Province of New Brunswick; (e) "Commencement Date" means the day of Mil, 2009; �u.ntr 44 -2- (f) "Enforcement Costs" means all cost incurred in collecting and enforcing payment of any amounts contemplated herein; (g) "Event of Force Majeure" has the meaning set out in section 7; (h) "Licence Fee" has the meaning set out in subsection 5.1; (i) "Maximum Annual Usage" has the meaning set out in subsection 2.1; 0) "Notice" has the meaning set out in subsection 13.1; (k) "Parties" means each of PRUDE and the MNRC, and "Party" means PRUDE or the MNRC, as the case may be; (1) "Permitted Use" means: (i) Co- sharing of the public areas located on the 3`d floor of the PRUDE premises; (ii) Use of two of the offices located on the 3`d floor of the PRUDE premises; and (iii) Use of additional areas of the PRUDE premises including but not limited to use of the 4th floor upon prior consent by PRUDE. (m) "Person" and "Persons" include any individual, sole proprietorship, partnership (whether general, limited or otherwise), corporation, limited liability company, unlimited liability company, trust, joint venture, syndicate, syndication, incorporated or unincorporated organization, union, Authority or any other legal entity or any agent of any of the foregoing, and the heirs, executors, administrators or other legal representatives of an individual; (n) "PRUDE's Property" means all property which is owned by or otherwise under the care and control of PRUDE; (o) "Term" has the meaning set out in subsection 3.1; (p) "Users" means each Party's employees, servants, customers, guests, invitees, contractors, workers, agents, volunteers and other authorized and lawful users; and (q) "Year" means a contract year, being a period of three hundred sixty five (365) days beginning on the Commencement Date or anniversary of the Commencement Date, except where the context otherwise requires. 2. Grant of Licence 2.1 PRUDE hereby grants to the MNRC a licence to use the Premises for a Permitted Use during the Term. 3. Term 3.1 Term: Subject to the other terms and conditions of this Agreement, this Agreement shall remain in effect until December 31, 2011 being the termination date of the Lease (the "Term "). 3.2 Expiry of Term: Notwithstanding subsection 6.1, if the MNRC has not removed the MNRC's Property from the Premises on or before the expiry of the Term, PRUDE may, in its sole and absolute discretion, and at the sole risk of the MNRC, have the MNRC's Property removed from the Premises and the MNRC agrees to indemnify and save PRUDE harmless from, against and in respect of any and all losses, damages, claims, actions, suits, proceedings, deficiencies or expenses incurred by PRUDE arising out of or resulting from the removal of the MNRC's Property from the Premises. 633201.0 45 -3— 4. Termination 4.1 Upon the occurrence of any damage to or destruction of the Premises by fire or other casualty, PRUDE shall have the right to terminate this agreement in its entirety and revoke the licence to Use the Premises without notice. 4.2 Upon the occurrence of any of the following events, PRUDE shall have the right to terminate this Agreement in its entirety and revoke the licence to Use the Premises by giving thirty (3 0) days' Notice to the MNRC: (a) MNRC's default in performing and observing any of the terms, covenants, warranties or conditions of this Agreement; and (b) Failure of the MNRC to maintain its status as a not- for - profit company. S. Licence Fee 5.1 The MNRC shall pay to PRUDE, without deduction, abatement or set -off, a licence fee (the "Licence Fee ") of one Dollar ($1.00) per annum. 6. Terms and Conditions of Use 6.1 Only the MNRC's authorized employees, servants, workers, volunteers, or agents are permitted to move MNRC's Property (an "Authorized Employees"), 6.2 Only PRUDE's authorized employees, servants, workers, volunteers or dgents are permitted to move PRUDE's Property. 6.3 Prior to any Use of the Premises by the MNRC, N NRC shall provide PRUDE with the following: (a) A list of the names and telephone numbers for MNRC's Authorized Employees; (b) A schedule of events, to be updated monthly, of the MNRC's proposed business hours and any events scheduled outside of 9:00am — 5:00pm, Monday to Friday ( "Regular Business Hours "). (c) A schedule of events, to be updated monthly, of any activity undertaken by MNRC which would cause disruption to the normal business practice of PRUDE during Regular Business Hours. 6.4 Any key or entry device for the Premises issued to the MNRC shall remain the property of PRUDE and shall be returned to PRUDE on the expiration or termination of this Agreement. The MNRC shall pay the then current replacement fee for any key or entry device lost or destroyed. 6.5 The MNRC shall at all times ensure that its use of the Premises complies with: (a) all laws, directions, rules and regulations of all governmental authorities having jurisdiction; (b) all requirements of all insurance companies having policies covering or relating to MNRC's Property and business practice; and (c) all reasonable rules and regulations promulgated by PRUDE with respect to the use of the Premises. 6.6 The MNRC shall not do, suffer or permit to be done any act or thing upon or above the Premises and/or Premises which is or would constitute a nuisance to the occupiers of any lands or premises adjoining or in the vicinity of the Premises and/or Premises or to the public generally. 6.7 The MNRC shall not create, incur, assume or permit to exist any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever on the Premises or any part thereof. 633201.v 1 46 -4_ 7. Force Majeure Neither PRUDE nor the MNRC shall be responsible for any loss, damage, delay or non- performance caused by accidents, labour difficulties, acts of God, governmental action, or by any other cause which is unavoidable or beyond its reasonable control (an "Event of Force Majeure"). The Party whose performance of this Agreement is or may reasonably be expected to be affected by an Event of Force Majeure shall promptly give Notice to the other Party of the existence of such circumstances and shall use commercially reasonable efforts to resume and complete performance. Whenever either Party is reasonably certain that an Event of Force Majeure is likely to occur, it shall give Notice to and consult with the other Party as soon as practicable. All time periods for the performance of obligations hereunder shall be extended by a period corresponding to the time period of any delay caused by the occurrence of an Event of Force Majeure. 8. Reasonable Use The MNRC shall not, at any time during the Term, do, suffer nor permit to be done any act or thing which may impair, damage or injure the Premises or the Premises or any .part thereof, beyond damage occasioned by reasonable use, and shall, at the cost and expense of the MNRC, repair and renew in good, sufficient and workmanlike mariner all portions of said Premises and Premises which may at any time by the MNRC be damaged (ordinary wear and tear only excepted) and in the event of the failure on the part of the MNRC to so repair and renew, the MNRC shall indemnify and save harmless PRUDE from all damages, costs and expenses suffered or incurred by PRUDE by reason of such impairment, damage or injury to the extent PRUDE is liable for the same, such payment to be made forthwith upon receipt of appropriate accounts therefore. 9. Head Lease 9.1 The MNRC acknowledges that PRUDE is not the owner of the Premises but is a tenant under the Lease. The MNRC agrees that it shall not do anything in or about the Premises or the Premises which violates any of the terms, conditions and covenants the Lease or any rules and regulations or other requirements thereunder. 9.2 The MNRC acknowledges that this Agreement is subordinate to the Lease and that in the event of termination of the Lease for any reason whatsoever this Agreement terminates. 9.3 The MRNC acknowledges that pursuant to the Lease, The City of Saint John gives PRUDE an option to renew the Lease at the expiration thereof for a further term of equal duration upon the same terms and conditions as are contained therein. The MNRC further acknowledges that the within License Agreement does not in any way effect PRUDE's rights to renew its Lease with the City of Saint John. 10. Risk The MNRC shall use the Premises at its sole risk, and PRUDE will not be liable for any loss, injury or damage caused to Persons using the Premises or property at the Premises, the responsibility for insuring against any such loss, injury or damage being that of the MNRC. 11. Insurance and Indemnity 11.1 The MNRC shall keep, maintain and use the MNRC's Property at its sole risk, and PRUDE shall not be liable for any loss, injury or damage caused to the MNRC's Property and it is the MNRC's responsibility for insuring against any such loss, injury or damage. 11.2 The -MNRC will obtain and keep in force comprehensive general liability insurance covering all of the operations of the MNRC whether conducted at or away from the Premises, subject to a limit of liability of not less than $1,000,000.00 any one accident or occurrence for bodily injury, death and damage to property including loss of use thereof. Such insurance shall include coverage for premises and operations liability, blanket written contractual, personal injury liability, Tenants fire legal liability, products and completed operations liability, non -owned automobile liability and a cross liability clause. 633201.vI 47 -5— 12. Assignment 12.1 This Agreement may not be assigned by the MNRC without express written permission of PRUDE. 12.2 Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. 13. Notice 13.1 Any notice, consent, request or other document (collectively "Notice ") to be given by any of the Parties hereto to the other Parties hereto will be given in writing and delivered personally, by regular mail, email or fax and addressed as follows: TO: PRUDE INC. City Market 4th Floor, 47 Charlotte Street, Saint John, NB, E2L 2117 Attention: Jocelyn Stevens, Programs Director Fax: 506.634.6080 Email: jstevens @nb.aibn.com TO: THE SAINT JOHN MULTICULTURAL ANP NEWCOMER RESOURCE CENTRE INC. Stewart McKelvey 44 Chipman Hill, Suite 1000 Saint John, N8, E2L 2117 Attention: Janet Thompson -Price Fax: 506.652.1989 Email: jthompsonprice @smss.com 13.2 Any Notice is deemed to be received at the time of delivery if delivered personally, on the fifth (5`11) day after mailing, if mailed, and on the day of ttansmission if sent by fax or prior to 3:00 p.m. on a business day and, if not, then on the next Business Day. 13.3 Any Notice may be given by electronic mail to PRUDE addressed to Jocelyn Stevens at jstevens @nb.aibn.com and to the MNRC addressed to Janet Thompson -Price at jthompsonprice @smss.com and such notice is not deemed to be received until receipt is acknowledged by the Party representative. 13.4 A Party may change its address or other details respecting service by giving Notice of the same as provided in this subsection 0. 14. General 14.1 Recitals, Number, Gender and Extended Meanings: The Recitals set out at the commencement of this Agreement form an integral part of this Agreement. Where the context permits, words importing the singular also include the plural, and vice versa; and words importing the masculine gender also include the feminine and neuter genders and, respectively, vice versa. Unless the context otherMse expressly requires, words such as "herein ", "hereof ", "hereby ", "hereunder" and similar expressions, when used in this Agreement, refer to this Agreement as a whole, and not to one particular part or section thereof. Words such as "including ", "includes" and "include" mean "including, without limitation," "includes, without limitation," and "Include, without limitation," respectively. 14.2 Sections and Headings: The division of this Agreement into sections, subsections and other subdivisions, and the provision of headings in this Agreement, are for convenience of reference only, and are not to be taken as restricting or affecting the interpretation or construction of this Agreement. 14.3 No Drafting Presumption: The Parties hereby acknowledge that their respective legal advisers have reviewed and advised in respect of the terms of this Agreement; and the 4533201.0 48 -6— Parties hereby agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party will not be applicable in the interpretation of this Agreement. 14.4 Governing Law: This Agreement and any rules or regulations adopted hereunder are governed by and will be interpreted in accordance with the laws of the Province of New Brunswick, including the laws of Canada applicable therein. 14.5 Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the matters governed by it and supersedes all prior agreements and undertakings, whether written or oral, relative to the subject matter hereof. Except as otherwise specifically set forth in this Agreement, neither party makes any representation or warranty, express or implied, statutory or otherwise, to the other. 14.6 Amendments: This Agreement may be amended only by specific written indenture executed with the same formality as this Agreement itself. 14.7 Severahility: In the event that any provision of this Agreement, or part thereof, is determined to be invalid, void or otherwise unenforceable, and provided this Agreement remains capable of completion in all material respects as contemplated hereunder, the Parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible to the fullest extent permitted by applicable laws in an acceptable manner, such that provisions contemplated by this Agreement are fulfilled to the fullest extent possible. In the event that the Parties are unable to agree to such a modification, the remaining provisions of this Agreement are to be construed (provided this Agreement remains capable of completion in all material respects as contemplated hereunder) as if such invalid, void or unenforceable provision, or part thereof, was omitted and this Agreement continues in full force and effect without being impaired or invalidated in any other way; and the Parties agree to be bound by and perform this Agreement as thus modified. 14.8 Further Assurances: The Parties hereto will from time to time and at all times do or cause to be done such further acts, matters, assurances and things, and execute and deliver all such further documents and assurances, as are reasonably required to observe, perform, comply with and carry out the terms and conditions of this Agreement and the intent thereof. 14.9 No Waiver: Failure of any Party to insist upon strict performance of any covenant or condition of this Agreement or to exercise any right hereunder will not be construed as a waiver or relinquishment for the future of any covenant or condition of this Agreement. The payment of any amount or the performance of any obligation hereunder by a Person not a Party hereto will not be construed as an admission by any other Party hereto of any right, title and interest of such Person in the place and stead of such Party. 14.10 Registration: None of the Parties hereto, nor any Person on such Party's behalf or claiming through or under such Party, will register this Agreement or any permitted assignment thereof or any document evidencing any interest of any Party hereto in this Agreement, in any public registry office or land titles registry, and whether against the land of any of the Parties hereto or any part thereof or otherwise whatsoever. 14.11 No Agency: Nothing in this Agreement will be construed as making any of the Parties hereto the agent, principal, partner or co- venturer of any of the other Parties. 14.12 Costs: Except as otherwise provided in this Agreement, each Party is responsible for its own fees, expenses, and other costs incurred in connection with carrying out its obligations under this Agreement. 14.13 Counterparts: This Agreement may be executed in any number of counterparts. Any Party hereto may send a copy of its executed counterpart to the other Parties hereto by facsimile transmission instead of delivering a signed original copy of such counterpart. Each executed counterpart (including each copy sent by facsimile transmission) will be deemed to be an original and all such executed counterparts taken together will Constitute one and the same agreement, and notwithstanding the date of execution will be deemed to be effective as of the Effective Date. 63320.0 49 - -7— 14.14 Survival: Save as herein otherwise provided, the covenants, agreements, Warranties and representations set forth herein survive any expiration or termination of this Agreement and continue in full force and effect for the benefit of the Parties hereto. 14.15 No Third Person Beneficiaries: Except as otherwise expressly provided under indemnities, insurance or other provisions herein, this Agreement is not made for the benefit of any Person not a Party hereto (including Users); and (save as aforesaid) no Person other than the Parties hereto, or their respective successors and permitted assigns, acquires or has any right, remedy or claim under or by virtue of this Agreement. 14.16 Rights and Remedies Not Exclusive: Rights and remedies available to a Party hereunder are in addition to, and not in substitution for or a limitation upon, any duties, obligations, rights and/or remedies otherwise available at law, in equity or otherwise howsoever arising. [Remainder of page intentionally blank. Signatures are on following page.] 633201M 50 -8— IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. SIGNED, SEALED AND DELIVERED in the presence of Lai 633201.v1 PRUDWam: Per: 1ph D. Thomas Title: President, PRUDE Inc. Per: Name: ndy Horton Title: Secretary, PRUDE Inc. Mc have the autbority to bind the company THE SAINT JOHN MULTICULTURAL AND NEWCOMER RESOURCE CENTRE INCt A _ Title: Chair, MNRC Per: 07n9 Nam&.2.Janet Thompson -Price Title: Secretary, MNRC VWe have the authority to bind the company a W Schedule "A" Teased Premises The third (3rd) and fourth (4th) floors of the Saint John City Market Tower situate at 47 Charlotte Street, Saint John, New Brunswick, saving and excepting thereout and therefrom: 6332DI.vI (i) That portion of the third floor currently (February 2009) occupied by the Saint John Human Development Council Inc.; and (ii) The staircase, hallways and elevator and preserving to the City of Saint John, by its employees, workers, agents and contractors the right of access for egress, ingress and regress between the staircase and the roof hatch. 52 t CONSE T THE CITY OF SAINT JOHN hereby consents to the attached License Agreement made June 26, 2009 between Prude Inc. and The Saint John Multicultural and Newcomer Resource Centre Inc. /Centre D'accueil Multicultural at des Nouveaux Arrivants de Saint John Inc., reserving, nevertheless, Its rights with respect to any further license assignment, transfer, sublet or other act or deed whereby the demised premises or any part thereof may be licensed, assigned, transferred or sublet. Mayor Common Clerk Common Council Resolution: ..2009. 53 M &C- 2009 -214 July 31, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up Lift Station #34 Acquisition of Easement through lands of Lois Ellis BACKGROUND: In relation to the Harbour Clean -Up project, Common Council has already: I. Accepted fiinding from the Municipal Rural Infrastructure Program (MRIP), and funding under the Canada Strategic Infrastructure Fund from the Government of Canada for the Wastewater Treatment System Project # 2008 -2012; and, 2. Adopted a policy of expropriation and resolved that the City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access and title to the required lands to ensure the timely acquisitions of the required lands (save and except those lands owned by corporations with higher expropriating authority than the City); and, 3. Resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required to a maximum of 125 per cent of the appraised value with intention to promote goodwill, equity, and ultimately negotiated voluntary settlements on value. Negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. The project requires constriction of a sewer lift station (SLS 434) on City owned land in the Monte Cristo area of Saint John. The selected routing of the associated force -main easement requirement traverses PID # 00403535. Staff has 54 Report to Common Council July 31, 2009 Page 2 successfully negotiated an agreement with Lois Ellis, subject to Common Council's approval, for the purchase of the easement interest on, over, & through a portion of PID 4 00403535. A copy of the agreement is attached hereto, along with a copy of the design plan prepared by Crandall. The negotiated price falls within the resolution adopted by Common Council. The market value of the freehold land requirement was determined by appraisal to be $1,131.00. The negotiated price is $1,414.00, being 125% of the appraised value. This is the only land acquisition for the SLS 434 portion of the Harbour Clean -Up project. RECOMMENDATION: That The City of Saint John accept the offer of Lois Ellis as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 214 & acquire the easement interest in, over, & through the portion of PID 00403535 described in the Agreement for the sum of $1,414.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager Attachments PNV P 55 2 f /S,$#±\\\\\ an- .05966641 22 r, : ¥(>.. The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a upon the following terms and conditions: Vendor: LOIS M. ELLIS 12 White House Court Saint John, NB E21V! S28 Purchaser: THE CITY OF SAINT JOHN P,O, Box 1971 15 Market Square SaintJohn,NB E2L4L1 Purchase Price: $1,414.00 + FIST if applicable Deposit: $500.00 payable within 10 days of adoption of Common Council Resolution Balance: $914.00 on Closing Closing Date: On or before October 31, 2009, 57 Agreement of Purchase and SaW Lois M. His and The City of Saint John Purchaser shall prepare at its cost any Plan of Survey required to effect the !I F I I! M I I! I I 1111111 11 1 11 IM 1 � I I I I !!!1 11 1 MMM MIIMZ� �3� 5 If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser to complete the sale. M 7 This offer when accepted shaH be read with ail changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 58 Agreement of Purchase and Sate Lois M. Ellis and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this '� 8 day of My, 2009. THE CITY OF SAINT JOHN im 9M 59 3 July 28, 2009 M &C2009 -216 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: HEATHER WAY TRAFFIC CALMING PLAN UPDATE BACKGROUND It Im Staff has developed a traffic calming plan to reduce vehicle speed on Heather Way following confirmed speeding issues and a death of a pedestrian on the City street in the Fall of 2008. The plan has been developed based on the Transportation Association of Canada's (TAC) Canadian Guide to Neighbourhood Traffic Calming. Council was first updated on the preliminary plan via M &C 2008 — 312. Highlights of the preliminary plan included: • Input from key stakeholders, including the community, emergency services and operational services • Installation of temporary Speed Humps made of recycled ribber. Speed Humps are a longer version of a Speed Bump and are meant for City streets • Reduction in Heather Way's speed limit from 60 KM/H to 50 KM/H • A longer term plan to close down two of the four lanes of Heather Way and replace the temporary ribber Speed Humps with ones made of permanent asphalt Being the first comprehensive traffic calming plan in the City, this process was also intended to form the basis of a Traffic Calming Policy for The City of Saint John to address concerns of vehicle speed or volume in other neighbourhoods. ANALYSIS Since the preliminary update to Council, staff has completed all milestones necessary to implement the plan. The preliminary plan was presented to the neighbourhood and input received at a November 2008 public meeting. Input and acceptance of the plan were received from The Saint John Police Force, the Fire Department, Ambulance New Brunswick and Saint John Transit in 2009. The speed limit on Heather Way was reduced to 50 KM/H via a Traffic By -Law Amendment approved by Council and replacement of on- street speed limit signs. X M & C 2009 -216 July 28, 2009 Page 2 The traffic calming plan needed to be modified during procurement of the temporary recycled ribber Speed Humps — this being the final milestone before on- street implementation. Staff sought quotations from prospective suppliers of the product. The proposed product of the one supplier that responded to the request did not meet dimension specifications recommended by TAC and therefore staff chose not to procure the product. Staff chose instead to plan to install the permanent asphalt Speed Humps this summer. Installation of two Speed Humps on the southbound lanes is planned to occur in August 2009. Two Speed Humps initially planned for two northbound lanes will not occur as the longer term intention is to close these two lanes to motorized traffic. One of the two southbound lane Speed Humps will be installed between Hickey Road and Sunnybrook Terrace while the second is planned to be installed between Eagle Boulevard and Boyaner Crescent. Council will be asked in a future year Capital program to consider approving a project to constrict a multi- purpose trail in the place of the two northbound Heather Way lanes. This project will provide several benefits to the community. Two -way traffic on the remaining two vehicle lanes will contribute to calming vehicle speeds. The multi- purpose trail will be beneficial to both pedestrians and cyclists and will enhance the aesthetics of the neighbourhood with landscaping features. The inventory of asphalt pavements that the City must maintain will be reduced, which is one component of the asphalt preservation strategy. This will result in lower costs for the City over the long term. RECOMMENDATION Staff recommends that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 62 J. Patrick Woods, CGA Acting City Manager M & C — 2009 August 4, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Extension of Notice to Vacate Rockwood Park Horse Barns BACKGROUND: As part of budget reductions in the 1990's, the Rockwood Park Horse Barns, which were operated by City staff, were contracted out. An agreement was reached in 1994 with LHMD Adventures to operate the Rockwood Park Horse Barn. This agreement was renegotiated inl999 and again in 2005. In the current contract, there is an automatic renewal in 2010 which will extend the contract to 2015. There are some issues with the current contract that staff wish to change on a go- forward bases. In order to renegotiate a new contract or change any of the conditions in the existing contract, a notice to terminate had to be served to LHMD Adventures one year prior to the automatic renewal date of May 31, 2010. This notice was given and staff are now renegotiating the terms of a new contract ANALYSIS: The current agreement states that the City of Saint John must give a written notice of termination not less than one year prior to the anniversary date. This allows LHMD Adventures sufficient time to find other accommodations and to make arrangements to vacate the site. Since negotiations on a new agreement are still progressing, LHMD Adventures is requesting the one year notice to vacate the premises be extended from May 31, 2009 to commence at the time it is deemed that negotiations have failed and there will be no renewal. It is recommended this date be extended to be no later than October 31, 2009. This would mean that LHMD Adventures would have until October 31, 2010 to vacate the premises, if necessary. RECOMMENDATION: 63 It is recommended that Common Council extend the one year notice period for LHMD Adventures to vacate the Rockwood Park Horse Barns, if necessary, to commence on October 31, 2009. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods Acting City Manager 64 M &C- 2009 -211 July 28, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 1808 Hickey Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Haldor (1972) 1808 Hickey Ltd. Road RECOMMENDATION: "RS -2" "R -2" & To permit a "RM -2" residential subdivision That Common Council schedule the public hearing for the rezoning application of Haldor (1972) Ltd. (1808 Hickey Road) for Monday, August 31, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfidly submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development 65 M & C — 2009 -212 July 28, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance 54 Thornbrough Development Subdivision ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following application has been received and qualifies for assistance as set out in the program guidelines: No. Applicant Location No. 9 Type of Units Estimated 2009 Assistance 54 Thornbrough Developments Inc. Thornbrough Street 6 84 semi - detached, $120,000. Parkwood Avenue 8 townhouse units 6 (full build -out 9 lots for approx. 210 $606,000.) apartment or condominium units The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. RECOMMENDATION: It is recommended that Common Council approve Residential Infrastructure Assistance for the Thornbrough Development Inc. development at Thornbrough Avenue & Parkwood Avenue, with an estimated expenditure of $120,000. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development .. M &C2009 -221 July 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Engineering Services Water Action Plan PURPOSE It Im The purpose of this report is to update Council on the status of the engineering services Water Action Plan: Potable Water Storage, Water Transmission and Distribution Systems Analysis & Future Planning project. BACKGROUND On June 9, 2008 (M &C 2008 -141), Council approved the engagement of CBCL Limited to provide engineering services for the Water Action Plan: Potable Water Storage, Water Transmission and Distribution Systems Analysis & Future Planning. The proposed cost of the work from CBCL Limited at that time was $526,919 including HST. Funding for the engineering services was included in the 2008 Water & Sewerage Utility Fund Capital Program. ANALYSIS The original Request for Proposal document required CBCL Limited to complete the following tasks: • Mapping, preliminary investigation and data collection; • Water model enhancement & calibration; • Conceptual & preliminary design, cost estimates & system analysis; • Water transmission main assessment; • Capital project planning and prioritization. The project included a $56,500 contingency allowance for unforeseen items that would be identified as work progressed. The table below summarizes the additional items of work that the consultant has been or will be requested to complete. Items 1 through 5 have been authorized by staff to proceed as they were within the original project contingency. 67 M &C2009 -221 July 30, 2009 Page 2 1. Hydraulic water modeling for Rope Walk Rd and Brunswick Street $1,104.58 2. Capital Works Planning & Prioritization. Creating a Program with project scopes and estimates with a program schedule for Water Treatment Plant Implementation. $13,167.28 3. Value engineering workshop 41 participation and preparation $7,361.95 4. Value engineering workshop 43 participation and preparation $8,720.82 5. Pipeline Road East Leak Detection Program $9,194.25 6. Water Treatment Plant Sites Analysis $74,806.00 7. Contingency Allowance for remainder of the project $12,000.00 Total Additional Cost $126,354.88 Minus Contingency Allowance (included with original fee) $56,500.00 Net Additional Cost $69,854.88 The Water Treatment Plant Sites Analysis item identified as follows is an essential assignment that flows from the work in the Value Engineering review and is beyond the scope of the contingency and would require the approval of Council prior to staff authorizing CBCL Limited to proceed: • Water Treatment Plant Site Comparison; Staff have identified fourteen potential sites for the future Drinking Water Treatment Plant that will be on the east side in the area between the Little River Reservoir to the Silver Falls Reservoir. Further review and analysis have narrowed the field to the best two sites. Municipal Operations staff has been and will continue to involve the Legal, Real Estate and Planning staff in the site selection process. In order to chose the best site for the long term operation of the facility, a detailed and specialized engineering analysis is required to look at the following aspects of the project: • Geotechnical Investigation to determine subsurface soil conditions • Wetland Delineation to determine which areas are environmentally sensitive • Hydraulic Analysis to determine which site can deliver large volumes of water in the most cost - effective manner • Site Analysis to compare overall site features and relative constriction costs • Life cycle costs for the two sites will be estimated and the preferred site will be recommended. CBCL Limited will manage this project and coordinate the two sub - consultants (Conquest Engineering and Fundy Engineering). The deadline for this project task is the end of September 2009. This is a critical part of the drinking water program that must be completed as soon as possible. FINANCIAL IMPLICATIONS The Consultant's fee of $526,919 was derived from the original project scope. The increased scope will require the consultant to perform additional work over an extended period of time. The cost for design and engineering services for this project is now expected to be $596,774 .: M &C2009 -221 July 30, 2009 Page 3 (including HST). The additional costs will be funded from the 2009 Water Treatment Plant Design project budget. RECOMMENDATION It is recommended that the engineering services agreement with CBCL Limited for the Water Action Plan: Potable Water Storage, Water Transmission and Distribution Systems Analysis & Future Planning project be increased from $526,919 to $596,774 as outlined in this report. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager - M & C 2009 - 229 July 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Retaining Wall — Corner of McKiel Street and Connors Street PURPOSE It Im The purpose of this report is to seek Council's approval to add a project for the reconstruction of a retaining wall at the corner of McKiel Street and Connors Street to the 2009 General Fund Capital Program. BACKGROUND The retaining wall located at the corner of McKiel Street and Connors Street is a cast in place concrete wall approximately 25 metres in length and varies in height, up to a maximum of approximately 2.8 metres and provides support for the roadway and sidewalk on Connors Street. The age of the wall is unknown and it appears to have been repaired in the past. The wall is badly deteriorated and a number of large pieces of concrete have fallen onto the adjacent residential property. The wall has a significant tilt past vertical and there is separation between it and the adjacent sidewalk. The metal railing that is attached to the top of the wall is also damaged in two locations. ANALYSIS Acting on concerns from the adjacent resident, staff inspected this retaining wall and determined that it was beyond any maintenance activity and needed to be replaced. A consultant was asked to provide a proposal for engineering design services for the new retaining. Staff s initial plan was to proceed with the design of the wall in 2009 and constrict the new wall as part of the 2010 General Fund Capital Program. Upon reviewing the current wall in preparation of their proposal, the consultant has recommended that the City not wait until 2010, but proceed with the 70 M & C 2009 - July 30, 2009 Page 2 replacement during the 2009 constriction season. After receiving the comments from the consultant, staff is of the opinion that it would be best to proceed with both the design and reconstruction of the wall in 2009. Should a section of the wall fail, not only would there be damage to the sidewalk and roadway on Connors Street, the adjacent residential property could also suffer damage. FINANCIAL IMPLICATIONS It is anticipated that design and constriction costs for this retaining wall will be approximately $100,000 including the City's eligible HST rebate. Staff would intend to fiend this project from the 2009 General Fund Capital Program budget envelope by reallocating fiunding from the Howes Lake Landfill Closure project. The cost sharing from the Province has not been approved for the 2009 Howes Lake project. Therefore, it is proposed to utilize $100,000 of the $400,000 City share component under the Howes Lake project as an offset for the retaining wall replacement at the corner of McKiel Street and Connors Street. RECOMMENDATION It is recommended that the project for the replacement of the retaining wall at the corner of McKiel Street and Connors Street be added to the 2009 General Fund Capital Program and that current fiunding be reallocated as outlined above. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 71 M & C 2009 — 224 July 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2009 —10: It Im Millidgeville Wastewater Treatment Facility Bar Screen Building Door Installation BACKGROUND This Contract consists of a project that was approved in the Municipal Operations and Engineering 2009 Water & Sewerage Utility Fund Operating Budget. 1. Installation of a concrete floor slab, exterior door and exterior concrete slab for the existing Bar Screen building at the Millidgeville Wastewater Treatment Facility. TENDER RESULTS Tenders closed on July 29, 2009 with the following results: 1. Castle Rock Constriction Services Inc. $39,723.00 Saint John, NB The Engineer's estimate for the work was $55,709.00 ANALYSIS The tender was reviewed by Staff and the tender was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 72 M &C 2009 — 224 Contract No. 2009 -10 July 30, 2009 FINANCIAL IMPLICATIONS The Contract includes work that is charged against one Operating Budget project. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $60,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $50,114.46 including the City's eligible HST rebate — a positive difference of $9,885.54 in the Municipal Operations and Engineering 2009 Water & Sewerage Utility Fund Operating Budget. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2009 — 10: Millidgeville Wastewater Treatment Facility Bar Screen Building Door Installation, be awarded to the low tenderer, Castle Rock Constriction Services Inc. at their tendered price of $39,723.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 73 M & C 2009 - 220 July 30, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2009 -1: LANCASTER ZONE FLOW METERS BACKGROUND It Im This contract consists of a project that is approved in the 2008 Water & Sewerage Utility Fund Capital Program as follows: 1. Install three new flow meters on 250/300mm diameter water transmission mains, which are currently not metered. The purpose is to install flow meters at critical locations in the water transmission and distribution system. The current system requires flow meters at certain critical locations. The addition of these meters will split the Lancaster Zone into two districts so that water consumption and flow can be more closely monitored. TENDER RESULTS Tenders closed on July 22, 2009, with the following results: I. Fairville Constriction Ltd., Saint John, NB $ 177,432.60 2. G J Cahill & Company Limited, Saint John, NB $ 182,916.94 The Engineer's estimate for the work was $162,516.60. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 74 M & C 2009 - 220 July 30, 2009 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged award of the Contract to the low tenderer, at the estimated amount of work on this proje, others. against one capital work project. Assuming analysis has been completed which includes t that will be performed by City forces and The analysis concludes that a total amount of $155,927.06 remains in the 2008 budget and that the projected completion cost of the project included in the contract is estimated to be $162,403.90, including the City's eligible H.S.T. rebate - a $6,476.84 negative difference in the Water & Sewerage Utility Fund Capital Program. The difference can be managed within the overall program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2009 -1: Lancaster Zone Flow Meters, be awarded to the low tenderer, Fairville Constriction Ltd., at the tendered price of $177,432.60 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 75 M &C 2009 -219 July 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Marsh Creek Drainage Basin: Piped Stormwater Diversion System PURPOSE It Im The purpose of this report is to update Council on the status of the Marsh Creek Stormwater Diversion project and to inform Council of a Public Information Session that will be held for area residents and business owners. BACKGROUND In its adoption of a Stormwater Management Strategy on December 8th, 2008, this Council forged a new and important direction for this core municipal service. Also adopted were several other recommendations, including a Storm Drainage Design Criteria Manual as a policy of the City of Saint John and consideration of an implementation plan for diverting excessive Stormwater water flows away from the Marsh Creek drainage basin. The piped diversion system envisioned, once constricted, could significantly reduce the frequency of flooding in that drainage basin. For the first time, a series of measures has been put forward which could virtually eliminate the threat of flooding; a long standing plight for residents of Glen Falls and adjacent areas. (M &C Report to Common Council 2008 -345, dated November 19th, 2008, page 7 refers). Recognizing the potential good that the diversion system offered, Common Council included the Marsh Creek Stormwater Diversion project in its general request for infrastructure stimulus funding. (Report to Common Council, M &C 2008 -78, dated December 17th, 2008 refers.) As part of the General Fund Capital Program from 2009 and consistent with the above request, Council approved a cost shared ($400,000 from each level of government) design project for Marsh Creek Stormwater Diversion on February 2"a ru , 2009, described as follows: 76 M &C 2009 -219 July 27, 2009 Page 2 "Preliminary design of overall piped (pressurized) diversion system with a full cost - benefit analysis of such a system for the Marsh Creek Basin, and detailed design." Subsequent to this, on May 4th, 2009 after considerable consultation with federal representatives and others, a specific application was made, under covering letter of the Mayor, for the Marsh Creek Stormwater Diversion Project in the amount of $18,000,000. We have recently learned that funding for the project should not be expected at this time given potential environmental impact implications and the need for an assessment process. The March 2011 completion deadline for "stimulus" projects may not be achievable. ANALYSIS The approved project in the 2009 General Fund Capital Program ($400,000 City portion) is being acted upon to undertake the first two parts of the 2009 project: • Preliminary design for a piped Stormwater diversion system that will collect excess Stormwater flows before they enter the Marsh Creek drainage basin and divert them to an outfall at Drury Cove; and • Complete a cost - benefit analysis for such a piped Stormwater diversion system. On June Ist, 2009 (M &C 2009 -159) Council adopted the proposal of Terrain Group to carry out the preliminary design and cost - benefit analysis for a piped Stormwater diversion system for the Marsh Creek drainage basin. To date, proposed pipeline routing and inlet locations have been determined. A meeting has been held with the NB Department of Environment to discuss the requirements for an Environmental Impact Assessment. There will be further dialogue with various branches of DOE. ACAP Saint John has also been consulted. This is a very large project that will affect many local residents and businesses during constriction. For this reason, it would be appropriate to communicate with residents and business owners through a public information session - an opportunity to view project information, ask questions and give feedback. A Public Information Session is scheduled to be held at the Saint John Exhibition Association, Building 41 on McAllister Drive on Wednesday, August 12th, 2009, from 6:00 to 9:00 pm. It will be advertised; a copy of the notice is attached. Members of Council may wish to participate in the session; an invitation is extended. FINANCIAL IMPLICATIONS The Marsh Creek Stormwater Diversion Project is a major Capital undertaking with significant financial implications, an estimated cost of $18,000,000 (2008). The City of Saint John should not try to take on a project of this magnitude on its own. Even with cost sharing, the City's share would still have a considerable impact on municipal finances. 77 M &C 2009 -219 July 27, 2009 Page 3 As staff and our consultants proceed through the preliminary design and cost - benefit analysis, there will be consultations with the Department of Environment, including its Scientific Branch, and, likely, an Environmental Impact Assessment process. Public expectations could be raised. Depending on the results of the above analysis, Council should expect follow -up recommendations. RECOMMENDATION: It is recommended that Common Council: 1. Endorse the preliminary design work and cost - benefit analysis currently underway; 2. Council be prepared to consider a recommendation on the actual project, subject to technical and financial feasibility, affordability in the context of overall municipal priorities, and required cost - sharing with the other two levels of government; and 3. Receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 78 July 27, 2009 S T 1 01- PUBLIC MEETING NOTICE MARSH CREEK STORMWATER DIVERSION PROJECT PRELIMINARY DESIGN AND ENVIRONMENTAL IMPACT ASSESSMENT The public is invited to attend an informal information session regarding the Preliminary Design and Cost Benefit Analysis of the Marsh Creels Drainage Basin- Piped Stormwater Diversion System Project. As part of this Preliminary Design and Environmental Impact Assessment Registration, public consultation is sought to help identify issues and impacts which should be included in these studies. The City has contracted the Terrain Group Inc. to complete the Preliminary Design, Cost Benefit Analysis and the Environmental Impact Assessment, with their sub consultants AMEC, for this Project. The City of Saint John, the Terrain Group and AMEC staff will be on hand to discuss this Project, answer questions and receive feedback related to the Project. For fiirther details, a public information session will be held: DATE: August 12, 2009 PLACE: Saint John Exhibition Park, Building # I McAllister Drive TIME: 6:00 p.m.- 9:00 p.m. Interested residents and business owners are invited to attend anytime during these hours. For fiirther information about this project, contact: City of Saint John Customer Service at (506) 658 -4455 or Terrain Group Inc. at (506) -634 -8719. le 27 julliet 2009 I NT 101-1 REUNION PUBLIQUE PROJET DE DERIVATION DES EAUX PLUVIALES DU RUISSEAU MARSH ETUDE PRELIMINAIRE ET ETUDE D'IMPACT SUR L'ENVIRONNEMENT Le public est invite a assister a une seance d'information informelle concernant 1'6tude pr6liminaire et 1'analyse coot - avantage relativement au projet de bassin- versant du ruisseau Marsh se d6versant dans le r6seau de derivation des eaux pluviales. Dans le cadre de 1'6tude pr6liminaire et de 1'enregistrement de 1'6tude d'impact sur 1'environnement, nous souhaitons obtenir 1'avis du public afin de nous aider a determiner les problemes et les effets sur 1'environnement devant &re pris en consideration. La Ville a fait appel a 1'entreprise Terrain Group Inc., assistee des sous - experts - conseils de la soci6t6 AMEC, pour r6aliser 1'6tude pr6liminaire, 1'analyse coot - avantage et 1'6tude d'impact sur 1'environnement relativement a ce projet. Le personnel de The City of Saint John, de Terrain Group Inc. et de la soci6t6 AMEC sera sur place pour discuter de ce projet, pour r6pondre aux questions et pour recevoir les commentaires sur ce projet. Les details de ce projet seront fournis a une seance d'information au publique : DATE: le 12 aout 2009 LIEU: Saint John Exhibition Park, Building #1 Promenade mcAllister HEURE: de18hA21h Les r6sident(e)s et commer� ant(e)s int6ress6(e)s a en savoir plus sont invite(e)s a se presenter pendant les heures pr6vues. Renseignements : Ville de Saint -Jean, Service a la clientele, 506- 658 -4455 ou Terrain Group Inc., 506- 634 -8719 M & C 2009 - 227 July 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Design & Construction Management Services: Connaught Avenue - Culvert Renewal BACKGROUND sm The approved 2009 General Fund Capital Program includes a project for the renewal of an existing storm culvert at Connaught Avenue. The projects include funding necessary to engage engineering design and constriction management services to complete the following: • Site surveys, preliminary investigation and data collection; • Preliminary design, cost estimates and design report; • Public consultation process; • Detailed design and specifications preparation; • Constriction management and inspection services and; • Record drawings in digital and hard copy format. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On March 5, 2009 (M &C 2009 -65) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with ADI Limited to carry out the design and constriction management services for the Connaught Avenue culvert. On May 5, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from ADI Limited. In response, ADI Limited submitted a proposal on May 20, 2009. M & C 2009 - 227 July 29, 2009 Page 2 A Review Committee consisting of the following staff completed an analysis of the submission: ■ Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering ■ James D. Flogeras, P. Eng. Municipal Engineer ■ John Campbell, P. Eng. Municipal Engineer ■ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the ADI Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with ADI Limited to settle on an acceptable consultant's fee to submit to Council for approval. The submission from ADI Limited met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from ADI Limited to provide engineering design & constriction management services is approximately $ 47,016.21 including the City's eligible HST rebate. An amount of $ 95,000 was included in the 2009 General Fund Capital Program for design, constriction management and constriction. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2009 -65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2009 -65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. The Constriction Management component of this project fee is based on an estimated four week constriction period. The final fee will be calculated based on the actual constriction management period. 82 M & C 2009 - 227 July 29, 2009 Page 3 RECOMMENDATION It is recommended that the proposal from ADI Limited for engineering design and constriction management services for Connaught Avenue - Culvert Renewal project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 83 M &C2009 -218 July 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: It Im Design Services — Loch Lomond Road (Russell Street to Westmorland Road) Water and Sanitary Sewer Main Renewal and Road Reconstruction BACKGROUND The 2009 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the design of watermain, sanitary sewer and street reconstruction on Loch Lomond Road, from Russell Street to Westmorland Road. The projects include fiunding necessary to engage engineering design services to complete the following: • Site surveys, preliminary investigation and data collection; • Preliminary design, cost estimates and design report; • Public consultation process and; • Detailed design and specifications preparation. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 84 M &C2009 -218 July 27, 2009 Page 2 ANALYSIS On June 26, 2009 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from ADI Limited. In response to this request, ADI Limited submitted a proposal on July 14, 2009. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Loch Lomond Road projects. A Review Committee consisting of the following staff completed an analysis of the submission: • Kendall Mason, P.Eng. Municipal Engineer, Municipal Engineering • Kevin O'Brien, P.Eng. Municipal Engineer, Municipal Engineering • David Logan, CPPB Purchasing Agent /Manager, Materials and Fleet Management Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the ADI proposal. The price contained in the proposal was also evaluated by the Committee and has been submitted to Council for approval. The submission from ADI Limited met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work for ADI Limited to provide design services is $48,301 including the City's eligible HST rebate. An amount of $65,000 was included in the 2009 General Fund and Water & Sewerage Utility Fund Capital Programs for the design work. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2009 -65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2009 -65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. 85 M &C2009 -218 July 27, 2009 Page 3 RECOMMENDATION It is recommended that the proposal from ADI Limited for engineering design services for Loch Lomond Road (Russell Street to Westmorland Road) — Water and Sanitary Sewer Main Renewal and Road Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager - M &C2009 -217 July 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: It Im Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation BACKGROUND The 2009 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the installation of watermain, sanitary sewer and storm sewer on Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street. The projects include funding necessary to engage engineering design and constriction management services to complete the following: • Site surveys, preliminary investigation and data collection; • Preliminary design, cost estimates and design report; • Public consultation process; • Detailed design and specifications preparation; • Constriction management and inspection services; and • Record drawings in digital and hard copy format. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 87 M &C2009 -217 July 27, 2009 Page 2 ANALYSIS On June 24, 2009 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Dillon Consulting Ltd. In response to this request, Dillon Consulting Ltd. submitted a proposal on July 7, 2009. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street projects. A Review Committee consisting of the following staff completed an analysis of the submission: • Kendall Mason, P.Eng. Municipal Engineer, Municipal Engineering • Jeremy Howley Operations Manager, Water & Sanitary Systems • Kevin O'Brien, P.Eng. Municipal Engineer, Municipal Engineering • David Logan, CPPB Purchasing Agent /Manager, Materials and Fleet Management Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the Dillon Consulting Ltd. proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with Dillon Consulting Ltd. to settle on an acceptable consultant's fee to submit to Council for approval. The submission from Dillon Consulting Ltd. met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work for Dillon Consulting Ltd. to provide design and constriction management services is $239,869 including the City's eligible HST rebate based on an estimated 18 week constriction management period. An amount of $1,445,000 was included in the 2009 General Fund and Water & Sewerage Utility Fund Capital Programs for design, constriction management and constriction. Engineering fees to cover the cost of design and constriction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 16.6% of the total overall project cost, which is considered appropriate for this type of project. I M &C2009 -217 July 27, 2009 Page 3 POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2009 -65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2009 -65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. The Constriction Management component of this project fee is based on an estimated constriction period. The final fee will be calculated based on the actual constriction management period. RECOMMENDATION It is recommended that the proposal from Dillon Consulting Ltd. for engineering services (design and constriction management) for Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street — Water, Sanitary and Storm Sewer Main Installation be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager - M & C — 2009 -232 July 31, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Portion of Hazen Avenue (if stop -up and closed) to Province for New Court Facility BACKGROUND: Common Council held a Public Hearing on April 14, 2009 to consider the stop -up and closure of portions of Hazen Avenue, Peel Street and in it's entirely, Chipman Street. First and Second Reading were given to the street closures, while Third Reading is being withheld until the land is required for constriction of the Provincial Court Facility and City's new Police Station. As Council is aware, the Province acquired the former YM/YWCA property to constrict a new Court Facility. It was noted early in the preparation for this project that additional land would be required to accommodate the footprint for the new building; specifically a portion of Hazen Avenue, identified on an attached plan as Parcel "A ". Municipal Operations are aware of the proposal and support the land transfer, subject to the necessary easements required. Real Estate Services have reached agreement with the Province to sell Parcel "A" for $50,000.00. This is a fair price considering the easements that will be required along with the irregular shape of the parcel to be conveyed. The remaining portion of the "to be" closed street will be used in conjunction with the development of Peel Plaza. The manner in which the following recommendation is presented to Council will facilitate the sale of Parcel "A ", provided Council gives Third Reading to the street closure at some time in the near future. eN RECOMMENDATION: That in the event that a portion of Hazen Avenue is stopped -up and closed, The City of Saint John sell its fee simple interest in Parcel "A" having an area of 517 square metres, as shown on an attached Preliminary Amending Subdivision Plan, subject to any necessary municipal and /or public utility easements and an easement to permit underground passage therein, to the Province of New Brunswick for $50,000.00 plus HST (if applicable) on or before December 31, 2009. 2. That the Mayor and Common Cleric be authorized to sign any documents required to finalize the transfer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development J. Patrick Woods, CGA Acting City Manager CL /c ow did 1 '60 s�b 7 vE GOZ Kq 7 0 Ci ac %s ME pm VC9 pr 41 '00 o� �d � a ci V M/k P!. 6; - 1 Fi° ZI ow did 1 '60 s�b 7 vE GOZ Kq 7 0 Ci ac %s ME pm VC9 pr 41 '00 o� �d � a ci V M/k P!. 6; - Z j 11 lo Al I A A 11 111 C 0 o Z F— V) d ow did 1 '60 s�b 7 vE GOZ Kq 7 0 Ci ac %s ME pm VC9 pr 41 '00 o� �d � a ci V M/k P!. 6; - M & C — 2009 — 207 July 24, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Temporary Placement of a Mini -Home 2517 Lorneville Road BACKGROUND: The Municipalities Act enables Common Council to include a provision in its Mobile Home Parks By -law giving Council the power to approve individual mobile homes, on a temporary basis not to exceed one year, on properties where the mobile home would normally not be permitted. Section 27 of the City's Mobile Home Parks By -law contains such a provision. While previous Councils have debated this practice, the exercising of this authority has continued. It has been Common Council's practice to consider such requests on a compassionate basis. Previous applications have involved the health of a family member, economic hardship, or a temporary approval until a conventional home could be constricted at a later date. Renewals have been granted in a number of cases allowing the mobile home to remain for several years. ANALYSIS: An application has been received from John Leonard for permission to place a mini -home on his property at 2517 Lorneville Road (see attached location neap), pursuant to Section 27 of the Mobile Home Parks By -law. Mr. Leonard's elderly mother -in -law would reside in the mini -home, which would be situated well back from Lorneville Road, in the northeast corner of the property (see attached site plan.) Mr. Leonard indicates in his letter that his mother -in -law is in poor health and that the proposed arrangement will allow her to receive appropriate care, while also affording her some independence. The proposed mini -home will be removed when no longer required to accommodate Mr. Leonard's mother in -law. Report to Common Council Page 2 The area is zoned "RS -2M" One and Two Family and Mobile Home Suburban Residential, which would normally permit the placement of a mobile home or mini -home on the subject property. In this case, however, there is already a dwelling located on the lot (Mr. Leonard's home). Therefore, the mini -home is not permitted by the Zoning By- law because it would constitute a second dwelling on the lot. However, as mentioned, Common Council does have the authority to allow the mini -home for a temporary period. In support of the request, Mr. Leonard has provided a written approval from the N.B. Department of Health with the following conditions: • The second residence must be mobile and not attached to a permanent foundation; • The water supply and sewage disposal for the second residence shall be connected to the services of the principal residence; • The second residence must be for the exclusive use of Mr. Leonard's mother -in- law; and • The approval is invalid if the second residence is used for other than the stated purpose. In addition, a letter from Mr. Leonard's mother -in -law's doctor has also been provided in support of the request. Municipal Operations and Engineering, Buildings and Inspection Services, Fire Department and Saint John Energy have all indicated no objections to the proposal. The Fire Department's approval is contingent upon fire apparatus having access to both homes on the property. In September of 2006, Common Council resolved that written notification be provided to surrounding property owners for any applications of this nature. Accordingly, letters have been sent to all landowners within 100 metres (300 feet) of the subject property concerning this matter. RECOMMENDATION: That Common Council permit a mini -home to be situated on the property at 2517 Lorneville Road for a temporary period of one year pursuant to the Mobile Home Parks By -law. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development KF /r e� J. Patrick Woods, CGA Acting City Manager PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT I- 2 /1- RS- 2 2- M - � y �r x 8 B-I R�- V I- 2 Subject Site /site en question: Location: 2517, chemin Lorneville Road Date: July 14 juillet 2009 Scale /echelle: Not to scale /Pas a 1'echelle AOR S- 2 M PID(s) /NIP(s): 00284372 C �O� 0 Z2 N N .,o X -X-- Fence SURVEYORS CERTIFICATE 1119 i n A —f— 96 A - Well $ — 5e(cayk. BUILDING LOCAT of a Parcel of lanc Lornevi on the eastern side A le Road and being Property No-2 L.R.I.S. Property Mol 05N- 49SE anc 30 20 10 0 1:1000 PREPARED t —t ti 1-/1Iki C%I In' Mr Wade L Steeves 2533 Lorneville Road Saint John NB E2M 7K7 "-, Z� 4 44.1 1() the Mayol, an(i, GoLll[mGiiOmS Of d"KE,, Gity of Saaint tollui i" G 11) Gontacting the Mayor and (A� .inul of the city of z3a4-)t johri NB we,, aj,e filaking yati L,.mlare of a sitmation thai Your (;Orr,�pafly/c;oir�rf,1iriisic)ri " Sairi johri Industriai f_td " is/wfll causing to ',..Is the neighbouring property next to !,,upply & Services of New Brunswick in b-ie McMister Industriat Park , In the rnird 90'S lr'Cftlstri�al Parks 8,aint John lm rforme.d a StUdy on the developement of lands, for LhEl LISC� Of indLiStfial parks arid io this day Mio;Aflister inclusffial Parks been devejope,,d using this StUdy as a bk,le to[, it's developenier�t . fr) tjjrs study it tool of the cwerhurdr--!n of gravnt that oxist(-)d on lands, by tl-re pro,Onc;e of New Brunswick , It was/is to 'Ll"'liS day thlIe concerr-, we wi,ite to you today . f', le go-av 1 v I L I e r. L 0 a which was/is in the million of cubic yards removed from said lands is now gbrig to 1 IREE('311Y EFFEG1 our lDroperty , Since December 08 Industrial Parks Saint John I-td, ha,s beerl operating an, fll(.xgai Gravei Pit to the 1,jor'th Of OUr property and It was finally ,s,hut down wheri it pointcd ot,,it to COLHICil in March 09 , 11-te clultififl operation carried curt [sy Galbraith Cori str=tion arid Industrial Flarks of Saint Johri failed to notify US, Of lffielr inIK-)"I'Lions to north Of OW" Prorx-,d.y and they did so 1,,Tlowing that a perrnrt fi orn Saint John Planning was nee(Jecl , On June 2/09 SJIP askeA PACI to'a'llaw it to remove fill frorn 101 Mclllveeri Drive and place it on 96 VicIllveen drive by Bar-clay lntc,,rprise L,td. We aflenck,,,d t1his rrier",tirgul C"ind e, pi,essed OUI tho ug hi 1,s/(,;o n cet ICU! thi's ✓ matter . It clear then that there was going to be Probtems fc)r SJlP was granted per rrir,,-,sion Only for, that which it requerited . They then realized that they were not g(,)ing to get the material florri this api.Acabon of JuiIe 02 /09 arid reapplield 011 JLJIY 1,1/09 101: rnor(,.,,, material c Iwa4,car to our property It was pointed out to the PA(,,' thaf. there., is /will be, problerns by granting SJIF's request . The Red Flead area has had many studies dorre over, fle past,,Paars by fOL11- filn-ls hired by the province & the city all telling thc, fact tj,"lat Pr'OhleFYIS OCCUr rmturally and are man niade and how one can prevent them frorn hal.-)pening , We refer, to the 'fact that SJlP is cutting away fron-i Our nor therri prol)erty to(, sk.)pe lea vin�_,i high bank al]cJ �a 1"1 F - EP arigle of , TNs sarne sitw.ltiori occuns along Red 14ead Stretch bi_rt it is a NATURAL, event . OUl- lands have been tested and fourid to contain the same ft,�afi,lres . Also wE; vv(:)ulcj like to poh�t out that s rlce the activities of gravel removal to this dale ow Sands have Iost 401-yC or it's VVaLei table: and that tar -ty industries setting up in the area north Of OLK line rshiw/ill effect it quality/level arx-1 that as siclew,_-fll Now Out Ca,11'l0will happen . We therefore ask tfiat yotj have Sail"It John Industi-lal Parks f-td, cease all acflvity of gravel rernoval along ccur riortMITI pfroperty line that is owned by Su p: y & Service of NeW BIUM'-MiCk Sincedy , & 865 Red Head Road Saint John NB E21? 'I J3 822") JLJly 21,2009 :.OR M The City of Saint John P.O. Box 1971 Saint John, NB., Canada E2L 4L I Attention: The Mayor & Council Re: Alternative Building Site For The Proposed New Q11 of Saint John Police Department Headguarters. Your Worship & Councilors After reading the article in the Telegraph Journal dated July 3Wh, 2009 relating to the building of the new Police Headquarters in Peel Plaza. It is our feeling that it may be an appropriate opportunity for us to bring forward an alternate site for the new Police Headquarters for your consideration. We would encourage you to reconsider the former Downey Motors property located on the comer of Crown Street and Rothesay Avenue. This site is considered to be a prime location for a Police Headquarters. Its location allows for easy access to all major streets and as well as to the highway in order to quickly respond to calls for assistance in the western and eastern areas of the City without causing noise and endangerment to the uptown community. The subject property consists of just under 4 acres of land and incorporates an existing pre-engineered steel building consisting of over 32,000 square feet, which we feet could easily be renovated to accommodate the Police Headquarters. Also, should the City feel that the amount of land required exceeds its requirements it is our understanding that the owner of the property would consider sub- dividing the property in order to reduce the direct costs to the City. Please find attached a copy of the listing information relating to the subject property as well as a plan of the existing buildings, and a site plan of the verty. Should you or a member of the City Staff wish to pro. 3 meet with us to discuss this alternative site, we would be more than pleased to do so at your earliest convenience. Respectfully submitted: Awn 7 J. David Max w 11 11 Dave O'Brien C14 Hodges Hamm Associate Broker Associate Broker Associate Broker Each office independently owned and operated. This is not intended to soilcit properties currently listed for sale. 99 IN P, 'Its N .. . ...... . . . . .... . ................. . m �µ,, lot WA , Et PROPERTY PRINT VIEW 4 Page I of 2 Price: $3,200,000 MLSO #: 092867 Status: Active PID #: 17848 & 4 MORE Legal Descr,: EXCELLENT DEVELOPMENT LAND & BUSINESS. PID#'S: 1 7 84811 8 2 5911 823411 824211 6267 Address: 10 CROWN ST City: SAINT JOHN, E21- 2X5 Side of Road: Waterfront Name: MARSH CREEK, COURTNEY BAY, ST.JOHN HARBOR Lot Size: 3.8 ACRE Building Size: 36000 District: 9 Water Frontage: Sub-Dist: 910 Out.Dim.: Zoning: Exposure: I I List-Date: 18-JUN-2009 Possession: 60 AYS Overview .......... 3.8 Acres of prime development land in the heart of Saint John with 36000 sqft of existing pre-engineered steel buildings, offices and show room in front and high ceilings and warehouse at rear. Environmental certificates from Fundy Engineering and the Prov. Mortg.Rate: of N.B. available. Vendor may consider holding a mortgage. Mortg.Rate: Directions Due Date: Mortg,Amount: $ Type: See Remarks Heating', Electric, Oil Exterior: Saleflease: For Sale Only Fire Protection: Alarm, Hydrant Driveway; Payed Title to Land: Utilities: Municipal Water, Electrical, Construction: Steel Frame Properly Size. 3.0 - 9.99 Acres Natural Gas, Bus Service, Intemal Features,- Public Washroom, Window Access., Year Round Road Holding Tank Display Access Rental Equipm.: Water Heater Roof-. metal Site lnfluence: Highway Access Documents: Deed, Environmental Floor: Concrete Assessment Inclusions Exclusions Floors; Sign- Yes UFFI. UNKNOWN Garage: Yes Gar.Details! office, Rental Income; Lockbox: No PCs: showroom, Building Age: warehouse Waterfront: No Water: Parking: Yes Park.Dim.: large paved lot Type Net Rental Area Rental Rate occupant Lease Expiry Heating" Prop.Taxes: Bus.Tax: Electric'": Water'. Insurance-. Int.Maint.: Ext.Maint.: Struct.Maint.: Gross Revenue: Total Expenses-- Net Income: Lease Type: Assessment $ Taxes: $42670 (2009) Improvements: Seller Name: UNIVERSAL INDUSTRIES LTD. Home Tel.: Bus.Tel.: Listing Office; REIMAX PROFESSIONALS SAINT JOHN INC. (5119) Listing Agent: DAVID MAXWELL 506-333-3388 606 634-8200 Listing Agent HODGES HAMM 506-636-2998 Listing Office; REIMAX PROFESSIONALS SAINT JOHN INC. (5119) Listing Agent: DAVE O*BRIEN 606-696-2222 606 634-8200 http://www.filogixdms.comlsjnblview—oneldisplayLoproperty.html?counter--e3O547293025... 7/30/2009 Mortgage I Information Mortgage 2 Information Mortgagee: Mortg.Rate: Mortgagee: Mortg.Rate: Mortg.Amount: $ Due Date: Mortg,Amount: $ Due Date: Payment (PI): $ Payment (PIT): Payment (Pl): $ Payment (Pro:$ Subj.to Verif.: Subj.to Verif.; Seller Name: UNIVERSAL INDUSTRIES LTD. Home Tel.: Bus.Tel.: Listing Office; REIMAX PROFESSIONALS SAINT JOHN INC. (5119) Listing Agent: DAVID MAXWELL 506-333-3388 606 634-8200 Listing Agent HODGES HAMM 506-636-2998 Listing Office; REIMAX PROFESSIONALS SAINT JOHN INC. (5119) Listing Agent: DAVE O*BRIEN 606-696-2222 606 634-8200 http://www.filogixdms.comlsjnblview—oneldisplayLoproperty.html?counter--e3O547293025... 7/30/2009 $14 1-4 .49A c. ch LO 0 100 40P L6 0) 0 • 41 ISO/ SU, ww 7� ........ . . . --A MAI kIR Y v "d rr ...................... . . . . . . . . . . . . . . . 4M!ly,�,', ON % CL wcw Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN WHEREAS: Stornpin' Tom Connors will be in Saint John on Saturday, August 8'h , 2009 performing at Harbour Station; and WHEREAS: Stompin' Tom Connors is a native of Saint John and a well respected musician; and WHEREAS: the City of Saint John has declared the second Saturday of every August Stompin' Tom Connors Day NOW THEREFORE: T, Mayor Ivan Court, J,", c",,r of Saint John do herby proclaim Saturday, August 8u, 2009 as the I"AnnuaI Stompin' Tom Connors Day in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca 103 ............ . .......... C.P. 1971 Saint John, B Canada Mayor Ivan Court Mayor's Office Bureau du maire fays-WRI, WHEREAS: Members of the Gay, Lesbian, Bisexual, Transgender, Transsexual, Two-Spirited, Intersexed and Queer community contribute significantly to the social, cultural and economic life and well-being of the Greater Saint John community; and WHEREAS: The City of Saint John demonstrates its acceptance of diversity and inclusion of all citizens through its Vision 2015 Statement: "Our Saint John is a livable city designed for people where eve one can feel at home."; and WHEREAS: Gay, lesbian, bisexual, transgender, transsexual, two- spirited, intersexed and queer persons are proud to celebrate not only within their own community but also invite the larger community of the Greater Saint John Area to celebrate with them; and WHEREAS: The sixth annual Pride Festival in Saint John will be held August 9th to 15th, 2009 under the banner "Pride Festival Week." NOW THEREFORE: I, Mayor Ivan Court of Saint John do hereby proclaim the week of August 9th to 15th, 2008 as "Pride Festival Week." In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. "A I • 1. 'o A cn nnOM ............... 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You may also provide photographs, building plans elevation drawings and any other form ofinformation. The plan must show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site b 119chelle illustrant votre proposition. Vows pouvez 09alement fournir des photograph ies, des plans de Miment, des dessins de plan Xi vadon et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la proprikt, I'emplacement de la totaliti des bdriments, des allies des aires de stationnemen4 des am4�nagements paysagers et des ponnema de signalfsation. R est important d'indiquer la distance entre les limiter de la proprigth et les b6timents, provide reasons why these amendments should be approved, / Fourw tout autre renseignement concernant roue proposition qui yourrait ixre approw6ees. 'fit_ 7-1, .i Provide any other information about your proposal that would be helpful. / Foumtr tout autre reamgaemeat concemant votre proposition qui porarait &re utile. � �� III� �� ,., �'•� � "�� iU +PIS, � � Signature of Applicant / Signature du Date �� / ?A1 5400 Application Fee Enclosed / Ci -joint les finis de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due ptopridtaue (s'il y alien) Date: Si vous n'dstes pas le proprietaire du terrain en question, vewllez obterur la signature du propneAwre dons la parhe ci- dessous. La signature du proprittaire autorisant le traitement de la prisente demande pour que cette dernihre snit exmnin6e par le conseil communal. 123 : . �} . \ ~�!: , . . � \\ \ \ ;2 # .. \� :/� \ § � 9 ` « � � . �_ �f � . » � \�,\ \. �{ f Q � t � \ � \� �� . \ { � « \: ��') �r .� ,,¥ �\ %� �\ � f� \ƒ , f, I,", �'A IR 6, 125 ... . .. . . .. PUBLIC_ �4klfnfWl3Pil a "� Ia! 1l1d� °I "1; lx 1.1�= fI rAGE W)7G��1AC+(ffi�J1CQN I'm I d ililFl;("4M ;,- dr?7,( "ktf l[N,I I C II NiAjj4A)YAhll"%111sll '.O. BOX / C.P. 19715AINT JOHN NB (N.-B.) EM 4L1 www.saintic 126 City of, Saint John For City of Saint John use only: utl et Number: 11008014422010 1.1e artment: Common. ClerWs Office (Account # 7 206 Contact„ Elizabeth Gormley Phone: J. 06) 668 -2862 Pax: 06) 674 -4214 Special Instructions (if any). .. ....... ..— — — — ------------------------------- Reference: ••••- public Hearing August 4`b, 2009 Re: 693 -697 Manawagonish Road Newspaper Insertion Dates TUESDAY July 7 and TUESDAY July 28 (Check as applicable) (SJTJ= Saint John Telegraph Journal) Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffi6re communale Contact: Telephone: (506) 658 -2862 127 PROPOSED ZONING BY -LAW AMENDMENT RE: 693 -697 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, August 4, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1000 square metres, located at 693- 697 Manawagonish Road, also identified as PID Nos. 55037683 and 00036053, from "R -2" One and Two Family Residential to 11114" Four Family Residential, REASON FOR CHANGE: To permit the development of a four -unit townhouse building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 128 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 693 -697, CHEMIN MANAWAGONISH Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Parrete Sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 4 nowt 2009 A 19 It : Rezonage dune pareelle de terrain d'une superficie d'environ 1 000 metres carres, situde au 693 -697, chemin Manawagonish, et portant les NID 55037683 et 00036053, de zone residentielle — habitations unifamiliales et bifamiliales <<R- 2>> A zone residentielle — habitations de quatre logements <<R -4r>. RAISON DE LA MODIFICATION: Permettre l'amenagement d'un batimcm de maisons en rangee de quatre unites. Toute personne intdress6e pent examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du developpentent A Ph6tel de ville an 15, Market Square. Saint John. N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par 6crit a I'attention du soussignd A I'h6tel de ville. Elizabeth Gormley, Greffiere comnunale 658 -2862 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW J.Al Be it enacted by The City of Saint John in Common Council convened, as follows: ARRfEA No C.P. 110- ARRtTlk MODIFIANT L'ARRfKT9 Lors d'unc reunion du conscil communal, The City of Saint John a d6cr6t6 cc qui suit: The Zoning By-law of The City of L'arr&6 sur le nonage de The City Saint John enacted on the nineteenth day of of Saint John, d6crk6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: I Amending Schedule "A". the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 1000 square metres, located at 693-697 Manawagonish Road, also identified as PID numbers 55037683 and 00036053, from "R-2" One and Two Family Residential to "R-4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2009 and signed by: 1 La modification de Vannexe <<A)>, Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 1 000 metres carr6s, situde au 693-697, chemin Manawagonish, et portani les NID 55037683 et 00036053, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R-2>> A zone r6sidentielle — habitations de quatre logements (<R4)) - toutes les modifications sont indiqudes sur le plan ci-joint et font partie du prdsent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le 2009, avec les signatures suivantes: Common Clerk/Grcffl&re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 129 July 30, 2009 Your Worship and Councillors: SUBJECT: Re- zoning Application - 693 and 697 Manawagonish Road On July 6, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 28, 2009 meeting. The applicant, Mr. Lawrence Mason was present at the meeting and stated that he disagreed with parts of the staff report, and in particular, proposed conditions limiting the number of units on the property, paving and curbing requirements and the character of the buildings proposed. Staff accepted that curbing does not need to be installed on the property, but asphalt paving of parking areas is a standard requirement. The Committee and the applicant discussed various ways to re- configure the lot to make the proposed condition more acceptable to the applicant. Mr. Forrest explained that re- configurations cannot be considered at present, and should Mr. Mason wish to submit a revised site plan to this effect, planning staff would assess its merits accordingly. The applicant agreed that he could accept Condition 2(a) as proposed in the staff s recommendation. No one else appeared at the Committee in relation to this application. Two letters from the public were received and these are attached. Separately, the Committee amended the wording of Conditions 2(b) and (c), which are reflected in the recommendation below. The Committee resolved to adopt staff s recommendation in respect of the variances sought, should rezoning be approved, with one correction. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below: 130 -2- RECOMMENDATION: That Common Council rezone two parcels of land measuring approximately 1,000 square metres in total, located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, from "R -2 " One and Two Fancily Residential to "R-4 " Four Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1,000 square metres located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, be subject to the following conditions: a. The use of the property is limited to either two three -unit dwellings as generally illustrated on the submitted site plan or one four -unit dwelling located in the centre of both lots. b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, drawn on a survey- accurate site plan, and illustrating the location of all buildings, strictures, parking areas, driveways, signs, landscaping and other site features; c. All parking areas and driveways be paved with asphalt; d. Any main buildings be constricted in accordance with detailed architectural plans prepared by the developer in accordance with the `Infill Housing and Rehabilitation Design Guidelines and Zone Standards' document and subject to the approval of the Development Officer; e. All main buildings be serviced by municipal water and sewer and underground public utilities; f. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. Respectfully submitted, Stephen Horgan Chairman NG Project No. 09 -275 131 DATE: JULY 24, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 28, 2009 Nayan Gandhi, MCIP, RPP Planner SUBJECT: Name of Applicant: Lawrence Mason Name of Owner: Lawrence Mason Location: 693 and 697 Manawagonish Road PID: 55037683 and 00036053 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential Proposal: To allow for the constriction of two four -unit houses Type of Application: Rezoning and Variances JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, August 4, 2009. 132 Mr. Lav renee Mason Page 2 693 and 697 Manawagonish Road JuIv 24, 2009 The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone two parcels of land measuring approximately 1,000 square metres in total, located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, from "R -2 " One and Two Fancily Residential to "R-4 " Four Fancily Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1,000 square metres located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, be subject to the following conditions: a. The use of the property is limited to either two three -unit dwellings as generally illustrated on the submitted site plan or one four -unit dwelling located in the centre of both lots. b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, drawn on a site survey, and illustrating the location of all buildings, strictures, parking areas, driveways, signs, landscaping and other site features; c. All parking areas and driveways be paved with asphalt, and all paved and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; d. Any main buildings be constricted in accordance with detailed architectural plans prepared by the developer in accordance with the `Infill Housing and Rehabilitation Design Guidelines and Zone Standards' document and subject to the approval of the Development Officer; e. All main buildings be serviced by municipal water and sewer and underground public utilities; f. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. That the Planning Advisory Committee grant the following variances: a. An increase in the height of dwellings permitted on the site in the "R -4" Four Family Residential zone from 9 metres (29.5 feet) to 11 metres (36.1 feet). b. A reduction in the front -yard setback from 7.5 metres (24.6 feet) to approximately 2.1 metres (7 feet). c. A reduction in the amount of landscaping around a main building from 1.5 metres (4.9 feet) to 0 metres. 133 Mr. Lav renee Mason Page 3 693 and 697 ManaN agonish Road JuIv 24, 2009 4. That the Planning Advisory Committee deny the following variances: a. A reduction in the width of a parking space. b. A reduction in the aisle width for vehicle manoeuvring areas. c. A reduction in landscaping on boundaries adjacent to "R" zones where 5 vehicles will be parked from 2 metres (1.8 feet) to 0.9 metres (3 feet). BACKGROUND: The applicant owned a long - established dwelling on the property, which was recently destroyed by fire (remains have since been removed by the applicant). That dwelling contained four separate dwelling units according to Property Assessment records, and the applicant has indicated that a number of the properties in the area (some of which have been established for a very long time) were always designed to house four units. This is covered in the analysis section in the report. The current zoning for the area ( "R -2 " One and Two Fancily Residential) only permits two - family dwellings in the area, and therefore the use of the dwelling may well have been found to be a legal non- conforming use. The applicant sought initial advice from staff regarding constriction of a 6 -unit building or a town- house complex with four units straddling both parcels of land. Staff advised that it is unusual to see a large apartment building or townhouse complex along this section of Manawagonish Road, and as such, two separate dwelling units would be preferred to match the neighbourhood context, subject to more detailed analysis of the proposal (set out below). In any event, rezoning of the property would be required given only two -units are allowed within the current zoning for the parcels. As such, based on staff s advice, the applicant is seeking rezoning to "R-4 " Four Fancily Residential to constrict two four - unit dwellings, although he may well consider a single four -unit townhouse building if required. It is noted that the applicant has indicated to staff that, at a very least, he would like to replace the units lost by the fire (i.e. four units on- site). INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: • Municipal servicing is available. • The developer's contractor must verify gravity connections. • Any property used for any purpose other than three or less dwellings requires a City approved water meter. • All parking must be provided for on site. • Proposal for driveway access to Civic 4697 should be aware there is an existing utility pole close to the proposed driveway location — site distances may be obstructed. Buildings and Inspection Services states that the 6 foot sideline setback is very close to the minimum Code standard. Heritage Planning has indicated the design is more likely to be something found in a modern suburban setting instead of an older neighbourhood. Two drawings provided show examples of modifications to the existing elevations submitted that would make the buildings more closely match the character of the 134 Mr. Lav renee Mason Page 4 693 and 697 Manawagonish Road JuIv 24, 2009 surrounding neighbourhood. In particular, changes are suggested to the projection proposed, along with the windows and roofs. Architectural drawings should be submitted for review prior to the issuance of a Building Permit to ensure appropriate changes are made. Saint John Fire Department has the following comments: • No objection to the proposal so long as it adheres to the National Building & Fire Codes, and that plans are submitted to the Department of Public Safety Building and Technical Inspections Division for review. Some areas of concern include: • Fire separations within the building • Fire separations between the building units (if two buildings are constricted) • Access, egress paths and stairways • The requirement for fire extinguishers • Emergency lighting • Exit signs throughout • Rated doors and closures • Placement of garbage dumpsters per Fire Marshal's Bulletin 4 2004 -001 Saint John Parking Commission has the following comments: • The requested width of the parking stall of 6 feet is unacceptable. The By -law states that the acceptable width is 9 feet; however, a width of 8.5 feet for the parking stall for this development would be appropriate. • There is no objection as the requested depth (to the aisle width) is adequate. Saint John Energy has been advised of this application. Saint John Transit has been advised of this application. Aliant has been advised of this application. Rogers has been advised of this application. Enbridge Gas has been advised of this application. ANALYSIS: The applicant owns two parcels of land located at 693 and 697 Manawagonish Road respectively, also identified with the following PID Numbers: 55037683 and 00036053 (see location plan). Hereafter, the two parcels are collectively referred to as the subject property. The applicant is seeking to constrict two separate two - storey dwellings (one on each parcel) containing four units in each dwelling (see enclosed plans). Five parking spaces for each dwelling will be located at the rear of the parcels, and accessed via a shared driveway between the dwellings. Limited landscaping space will be provided on each property. The properties are rectangular in shape, with the parcel at 693 Manawagonish Road measuring 16 metres by 30.7 metres (52.5 feet by 100.7 feet) and the parcel at 697 Manawagonish Road measuring 15 metres by 33.7 metres (50 feet by 110.6 feet). There is a gradual slope downwards away from Manawagonish Road, except at the far end of the property, where it drops off substantially. As noted 135 Mr. Lav renee Mason Page 5 693 and 697 Manawagonish Road JuIv 24, 2009 above, a residential dwelling containing four units was located at 693 Manawagonish Road. Both parcels are now vacant, as the dwelling was destroyed by fire earlier this year. According to aerial photography dating from May 2008, the rear of the subject property was used for parking when the previous dwelling was on -site. The proposal is to constrict two dwellings, measuring approximately I I metres (36.1 feet) in height, in a similar way to what was previously constricted on site. The proposed dwellings will measure approximately 10.4 metres by 15.2 metres (34 by 50 feet), and these will be located approximately 2.1 metres (7 feet) from the front boundary of the parcels at the closest point and some 1.8 metres (6 feet) from the side property boundaries abutting neighbouring properties. The dwellings will have four windows on the front (one of which is projecting outwards), a communal entrance with enclosed porch and a pitched roof running perpendicular to the road. One shared driveway (some 6 metres or 19.7 feet wide) will be located between the two dwellings to gain access to 10 parking spaces (5 spaces for each dwelling) at the rear of the property. ,Surronnding,v The subject property is located along Manawagonish Road (designated a Collector Road in the Municipal Plan), which was primarily developed a long time ago. There are dwellings located on each side of the subject property. The property to the east (685 Manawagonish Road) is of substantial character and currently contains four units according to Property Assessment information. It is located at the corner of Manawagonish Road and Catherwood Street. The property abutting on the opposite side of the subject property (701 Manawagonish Road) is also a substantial residential dwelling of period character and contains two units according to Property Assessment information. Both buildings are located close to the front of the property boundary, and are primarily longer buildings with skinny frontages in character with the area. A number of smaller properties abut the property to the rear on lower ground than the subject property. Opposite to the property are two schools: St. Rose and Barnhill Schools, which are substantially setback from the road (with landscaped areas, parking and circulation intervening). A church is located to the east of the school close to the street, and just beyond is a local shopping centre and the Main Street West business and shopping area. On the same side of the street, there are a number of similar properties along this section of street heading both east and west from the subject property. Nearby to the subject property is Lancaster Mall and the Fairville Boulevard Service Corridor, which contain a number of key retail services, including large grocery stores. Access to key employment areas, including City Centre, is via the Reversing Falls Bridge. Saint John Transit runs buses direct to the City Centre, and a stop is located nearby. Municipal Plan Direction The subject property is designated Low Density Residential in the Municipal Plan and the proposal does not exceed density requirements in relation to this designation. It is also located in the sub -area of Saint John West, and the Municipal Plan indicates that existing patterns of land use are not expected to change, although some limited amount of infilling of residential uses may occur. As such, the proposed intensification of the site would, in principle, be acceptable in terms of the direction of the Municipal Plan. 136 Mr. Lav rence Mason Page 6 693 and 697 Manawagonish Road JuIv 24, 2009 Zoning By -law The submitted site plan does not satisfy all applicable Zoning By -law requirements should the property be re- zoned. In particular, variances to the height of the building and the front yard setback will be required. Section 850 of the Zoning By -law (related to parking) sets out the minimum size of spaces and aisle widths, along with the required number of spaces for particular uses. Five on -site spaces will be required for each dwelling proposed on site according to the Zoning By -law. As such, the applicant is seeking variances to reduce the width of spaces and the aisle depth in order to accommodate a sufficient number of spaces as required by the By -law (and to provide some setback from the rear property boundary). Principal Considerations There are two key considerations in respect of the proposal: 1. Whether the proposed number of units proposed is acceptable within the neighbourhood context; and 2. Whether the variances are acceptable. Each matter is dealt with in turn below. Acceptability of Proposed Rezoning within the Neighbourhood Context The applicant has asserted that many of the properties along Manawagonish Road contain four units despite the current zoning for the area only permitting two - family dwellings. Based on Property Assessment information, within 250 metres of the property, only two properties contain four units: 685 Manawagonish Road (immediately adjacent to the property) and the subject property. As such, dwellings containing four individual units appear out of character with the immediate area. It should be noted that four properties in the area contain three dwellings units each, but primarily, dwellings in the area contain two units. The subject property, as is the block within which it is situated, is substantially less deep than properties further along Manawagonish Road to the west, where the three - unit properties are located. It would appear, therefore that four units on each of the two parcels would be too intensive in the neighbourhood context. In this respect, two or three -units in each of the dwellings would likely to be more acceptable, or four -units in total on a combined property (if appropriately located at or near to the centre of the lot). Minimum Lot Area Staff is of the view that the number of variances required clearly demonstrates a proposed land use that is too intensive for the subject property. Whilst lot sizes are not considered variances as the parcels are already established', the intent of this requirement is to ensure that there is sufficient space for parking, landscaping and the enjoyment of the property (i.e. amenity). Lot sizes therefore act as a guide to whether the proposed development is acceptable. The minimum lot area for a four dwelling unit in the proposed "R -4" Four Family Residential zone is 690 square metres (7,427.1 square feet), and the two parcels measure 490 square metres (5,274.3 square ' Staff originally identified a variance to the minimum lot area, but subsequently removed this based on previous practices in the Department relating to existing lots. 137 Mr. Lav renee Mason Page 7 693 and 697 Manawagonish Road JuIv 24, 2009 feet) for 693 Manawagonish Road and 510 square metres (5,490 square feet) for 697 Manawagonish Road. The difference between what would have been required and the size of the existing parcels is approximately 29% and 26% respectively. The lot area for each parcel is insufficient to accommodate two dwellings with four units each, noting the character of the community and the number of variances requested. Interestingly, for one, two, or three -unit dwellings the minimum lot size requirement for the proposed zoning is substantially smaller, being 550 square metres (5,920.2 square feet). The difference would therefore be approximately 11% and 7% for 693 and 697 Manawagonish Road respectively. This would indicate that a reduction in units would be appropriate. Staff strongly recommends that, should the application be approved, a Section 39 condition should be imposed to limit the development to either two three -unit buildings or one four -unit building for the combined property (if appropriately located). Given the Municipal Plan supports limited intensification in the area, along with the proximity of the location to nearby facilities and services (thus creating opportunities for residents to live in a sustainable manner), the rezoning can be supported (subject to a Section 39 condition restricting the overall intensity of development on the site). The L'ariances An assessment of the subject property's suitability for the proposed development in accordance with the Zoning By -law for the proposed zone is set out below. Height of Building A variance will be required to increase the maximum height of a building on the property from 9 metres to approximately 11 metres (29.5 feet to 3 6. 1 feet). This is to enable the applicant to constrict dwellings which more closely match the height of neighbouring buildings, most of which were built at a time when dwellings had higher ceilings than at present, hence being taller. This will not impact on adjacent properties, and is common in the area, and therefore the variance can be supported. Front Yard Setback The applicant also proposes to reduce the minimum front yard setback, again to match with neighbourhood character, which is composed of similar skinny lots and buildings within close proximity to each other and to the street frontage. Municipal Operations and Engineering has not raised any objections, and therefore this variance can also be supported. Staff agrees that this is appropriate given the pattern of development in the area. Parking and Aisle Width The applicant has shown parking spaces and an aisle width which are less than the minimum requirements outlined in the Zoning Bylaw; variances are therefore required. The Saint John Parking Commission has objected to the reduction in the size of the parking spaces proposed. Staff agrees with the objection, and therefore variances to the parking space width cannot be supported. Staff is strongly of the view that the proposed parking plan is significantly deficient and is not practical or workable. Whilst the Parking Commission has not objected to the variance to reduce the minimum aisle width, however, as noted above, staff considers that a less intensive development would result in a decrease in the number of spaces required, which in turn, would leave sufficient space to meet the parking and aisle width requirements. As such, this variance cannot be supported. 138 Mr. Lav renee Mason Page 8 693 and 697 Manav,agonish Road JuIv 24, 2009 Landscaped Areas The applicant requires variances from the requirements to provide landscaping around the building (so that a shared driveway can be created) and along the property boundaries adjoining neighbouring properties when five off -road parking spaces are provided. With respect to the first variance, the applicant has indicated that a shared driveway would be built between the two dwellings in a space measuring approximately 6.1 metres (20 feet) in width, and as such there is no space for landscaping. It is common in the surrounding area to have limited or no landscaping on the side of the dwelling where parking (due to lot widths), and as such this variance can be supported. The intention of providing landscaped vegetation around boundaries of the property is to prevent headlights from vehicles shining across property boundaries into neighbouring properties and disturbing neighbours. The variance requested would reduce the required amount from 2 metres to 0.9 metres (6.6 feet to 3 feet). The applicant has not provided details of the species of vegetation to be planted. Noting the slope of the property and the location of windows on neighbouring properties, this appears to be important on all three sides where the subject property abuts other residential properties. Staffs view is the variance will impact adjacent properties and is too significant to be recommended. Again, it appears to staff that if the proposal was less intensive, there would be sufficient space to provide for landscaped areas. Architectural Design As a separate consideration, given the proposal is an infill development in an existing neighbourhood, it is considered important that the proposal matches its surroundings in accordance with the ` Infill Housing and Rehabilitation Design Guidelines' document prepared by the Planning and Development Department. Heritage Planning staff provide design advice for infill proposals and have provided feedback indicating that the proposed dwelling units at present does not fit within the neighbourhood context. They have prepared two drawings showing examples of how the elevations could be revised to ensure the building matches its context (see enclosed drawings). In particular, altering window heights, providing detailing around the windows, changing the roof design (to be flat or with a steeper pitch), and other details of the building would assist in this respect. Staff agrees with Heritage Planning's assessment. The changes requested, in staff s view, are primarily cosmetic and are not sufficient justification to refiise the proposal. It is, however, recommended that a Section 39 condition is imposed requiring that the applicant prepare architectural drawings in accordance with the aforementioned design guidelines for approval by the Development Officer prior to the issuance of a Building Permit to ensure the building(s) character is compatible with its surroundings. CONCLUSION: Staff is of the view that it is appropriate to re -zone the subject property from "R -2" One and Two Family Residential to "R -4" Four Family Residential, noting the intention of the Municipal Plan to locate higher intensity residential development close to primary commercial nodes. Indeed, limited intensification was 139 Mr. Lav renee Mason Page 9 693 and 697 Manav,agonish Road JuIv 24, 2009 identified in the Municipal. Opportunities will be presented to residents of the development to live in a sustainable manner. However, given that the property's size presents limitations on the ability to appropriately accommodate development, staff strongly recommends that a Section 39 condition should be imposed to limit the number of units permitted on each parcel within the subject property to three should both parcels be developed as proposed by the applicant, or a single four -unit dwelling if appropriately located at, or near to, the centre of the combined property. Variances related to the height of the building and the front yard setback can be recommended to ensure that dwellings developed on site can match the neighbourhood character. However, a Section 39 condition is recommended requiring that architectural drawings be provided subject to Development Officer approval prior to the issuance of a Building Permit to ensure neighbourhood compatibility. Variances related to parking and circulation, however, cannot be supported as these standards are designed to appropriately accommodate all normal private vehicle sizes. A reduction in the intensity of development should enable the applicant to meet these requirements in any event. Noting the size of the lots, and the potential constraints and number of variances required, a Section 39 Condition is recommended requiring that a survey- accurate detailed site plan, is prepared and is subject to approval by the Development Officer. NG Project No. 09 -258 140 Memo To: Holly Young, Municipal Operations and Engineering David Crawford, Buildings and Inspection Services Chief Rob Simonds, Saint John Fire Department Frank McCarey, Saint John Transit Richard Smith, Saint John Parking Commission Darin Lamont, Saint John Energy Greg Hanlon, Aliant (West) Angela MacLean, Aliant (West) Mark Boudreau, Rogers Andrea Richard, Enbridge Gas From: Nayan Gandhi, Community Planning Date: July 14, 2009 Re: Rezoning Application - 693 and 697 Manawagonish Road Our office has received an application for the properties located at 693 and 697 Manawagonish Road. The applicant is seeking to rezone the properties from "R -2" One and Two Family Residential to "R -4" Four Family Residential to enable the applicant to construct either a single four -unit townhouse straddling both properties or two separate houses containing four -units each located on each lot (details of the latter have been provided). Variances will also be required for front and side yard setbacks, building height and lot width. I would appreciate receiving your comments by Wednesday, July 22, 2009 regarding this matter. Parking information has not been provided, but it is assumed at 1.25 spaces per unit will be provided at the rear of the property. Should this information be forthcoming from the applicant, I will forward it on as soon as possible. Planning and Development #4Urbanisme et Developpement -2- Should you have any questions, please do not hesitate in contacting me at (506) 658 -6205, by email at nayan.gandhi @saintjohn.ca, or by facsimile at (506) 658 -2837 anytime. Nay n Gandhi, MCIP, RPP Planner City of Saint John Attachments Project No. 09 -258 142 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT RBI- 1 �s IL- I yr \ m • W7 r i!1 I iii f S /Yt ♦ 'J� •"' IL - 1 • °i r / • f!j�l •// j • �+ � OLD rt \� I- 3 7 a f9 t r f«� f Subject Site /site en question: Location: 693 and 697 Manawagonish Road Date: July 14, 2009 Scalelechelle: Not to scale /Pas a Mchelle 143 PID(s)INIP(s): 55037683 & 0036053 : L r- t r 4-A A - --J J 15 July 2009 Planning Department City Hall loth Floor P.O.Box 1971 15 Market Square Saint John NB E21- 41-1 Dear Friends, CHURCH ARMY CANADA Al� JUL y. 20 &W The Church Army in Canada wishes to withdraw the application for rezoning concerning 105 Mountain Drive due to a series of unforeseen complications. Sincere thanks for your very helpful assistance. My compliments to your staff. Bruce Smith Nationar,66ecto On behalf of The Church Army in Canada 105 Mountain View Drive, Saint John, NB E2J 5135 t (506) 642-2210 or 1-888-316-8169 - f (506) 657-8217 - hello@churcharmy.com 146 FIL.AfAI7a�,* N,& DEVELOP PAGE 03/04 Application for a Zoning By-law Amendment Demande de modification a Parritt sur le zonage Applicant Related Information / Reaseignements sur le demandear 3Na :ueafAypGcarat /Nomdndcma�adeur �lLa �/hw�'�/�l �ie,��? r^� C�4.✓��- T^�L Mailing Address of applicant / Addressc ponWe du demaodeur ��Fr,� cGf.✓ "! Postal Code /Code pasta) ��a s13S Telepb,. N=W I Nmn6ro de taipbonc (o Y2- 2( o x 2 2-3 Home /Domicile 63 2- !Z 9 work ! Travail pax N..ber l X ind. de tElEmopiau 6 S7- 8 2-Y Name of Property Owner (if dit=Errt) / Nom do propnkai m (si cliff ew) C��- Addrez I Adresse Postal Code I Cnde postal Property Information / Reuseignements sur la prepriktf Location / Ensplacemeot /o - /Ll ui _ +i ✓. ; , 7 ti SS / 7 Civic fl ! No de wiric Suwa / Rne( /- PID ! NIP Lot Area / Super6 ©e da lot Sheet Frontage I Fagade sur rue 1 Existing Ilse of property / Utilisation actuelle de la propriitf � Q ki l I r }W S t C I It y1 Municipal Plan land Use Designation Dtisignmim de utilization des terres Sur le plan municipal Amendment Requested / Modification demandbe Present Zoning / Zmw acurcl Chmp Zoiodutg to / Momication du zowgc A , \ l f 2 r j , t �_< S, d ✓1 aodlor / on ❑ Tart Amendmmt (indiage particulars) / Modification due lc%U (m&quez les dftils) 147 ES/16/2009 88:19 1 PLANNING AND DEVELOP PAGE 04/04 Development proposal /Proposition d'amEnagement Description of Propoai / Description de la proposition You must provide a scaled site plan that illustrates your proposal! You may also provide photographs, building plans` elevation drawings and anyadherform ofinforzrranom Theplan must show the dimensionsa of the property, the location of all buildings, driveways, panning areas, latdmVingand$gns. It is Important that the distance between the property boundary and buildings are shown. Your dn4a fournir un plan du site d l'fchelle fllustrandvodre proposition. Yous pouvez dgak rent fournir des phofographies, des plans de Miment, des de=ns de plan d'4Wvatlon et route ouire forme de renwignement Le plan dolt indiquer les dimensions de la propriow, !'emplacement de la totalidt des b&iments, dear allies, rtes acres de statiorrnement; des antnagements paysagers et despanneaur de signallsoOon. Il est important d'indfquer to distance en ire ks limites de la proprfttt et lei bdumews. Provide reasons why these amrndwents sholtld be appmved. / Foumirtourt autre rcmelgoawm ctmcirn= votre proposition qai post etm app novas. �} } �yvQ�Sgl S ac 1s S in I w1, C'S Itl6Pm�nl Po 2r� D S�uRiu rlEn r t,h�n..A Pnm ide any outer undo r 1 fi on abmn your proposal that v ndd be belpfiil / Fonrnir tm .Em teaseigacmeM cvnmm= votre proposition qui prnmait dtree toe. Sipmu a of Appiicmi/ Signature du detrmndew Date � HAa 2.3 ., I C) v � - 5400 Application Fee Enclosed / Ciyoitd Is fiais de dema>tde de 400 S If you are not the owner of the land in question please have the owner sign below_ The signature of the owner is authorizing this application to proceed fop consideration by Common Council. Signature of Omer (if applicable) SigaAmo duce ptopri tai m (s'r7 y a liea) Date: Si vous n 9des pas le proprittaire du terrain en question. veuillez oblenir la signature du proprOrwre dans la parhe d-dessous. La signa4we du propr idore autorisant le traflemerd de la prtsenfe demande pour que celte derniere "if eauntnte par le Conseil eommunaf 148 UJ Tv Ln Ax ml / '---^ , ~ ` � - PUBLIC NOTICE I AVIS PUBLIC Public Notice is hereby pten that the Common Par les prksentes, on iris public est donnE par [equel Council ofThoCitvof SaintJohn intends luconsider le conscit communal de The City of Saint John amending The City of Saint John Zoning By-law at indrque son intention d'buther la modification its Tcculai meeting to be held in ihc Council Chamber SMASOLC 4 I'arr2te sur le zonage de'rhe City of Saint on Tuesday, Atigied 4, 2009 at 7:00 pm., lid John, lots de In rcunwn ordmaire qui se fiendra dans lit Salle du conned le rnardl 4 gain 2009 h 19 h: Rezoning a parcel of land with an area of Rezonage dune parcelle de terrain dune superlicre approxmidorly 3270 square metres, located at 1W d'environ 3 270 m&res earns. sdu6c air 105, Mountain View Drive, also identified as being promcnadc Mountain View, et kiank ausqi one partle a portion of PID No. 55165716, from 11.-2" du NID 55165716, de zone d*eqaipement coll"fif Major Institutional to uR-2- One and Two Family majeur as F62 o I zone n&iidentielle - babibuflons Residential. as illustrated below, uidfumilialis et bifinniliales olil-2u, comme le nuatire hi carte er-dessous. REASON FOR CHANGE: A RAISON DE LA To permit four lots for the -9. 0 MODIFICATION! development of one-family or 4— o - two-fdraily dwellings- quoure lots pour I'arri6nagement des haliatiatimis The proposed amendment may T unifaindiah:5 ct, blfamdioles be inspected by any un't"'t'd person at the office of the Ionic persormc mt6ress& Nut examiner Is prRie(de modification Common Gets. or to the office or - au bureau do greffier communal Plannm2 and Development. City Hall, IS Market Square, Saint John, N.R between ou an bureau de Furbanisme et do d toptxnwut a I'VUel de vitle an M Market the hours of N: 30 a.m. and 43 an 0 p . Monday I Square Saint John. X-13- ciare 8 It 10 et 16 It 30 du through Fnday. inclusive. holidios excepted. larch ou %endresh, saur les tours r6n6s. Written objections to the amendment may Veuillez faire parvenir vos objections on projet de be sent to the undersigned at City Hall modification par ecrit a l'altention du soussigue I'Wel de ville. Elizabeth Gormley, Common Clerk Clizabeth Gormley, Greffierc communale 659-2962 1 658-2862 150 City of Saint John INTERNAL L I TI SJTJ City Information Ad Date(s): TUESDAY, July 7" and TUESDAY, July 28`", 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffi6re communale Contact: Telephone: (506) 658 -2862 151 PROPOSED ZONING BY -LAW AMENDMENT RE: 105 MOUNTAIN VIEW DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, August 4, 2009 at 7:00 p.m„ by: Rezoning a parcel of land with an area of approximately 3270 square metres, located at 105 Mountain View Drive, also identified as being a portion of AID No. 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit four lots for the development of one - family or two - family dwellings. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 152 PROJET DE MODIFICATION DE L'ARRETt SUR LE ZONAGE OBJET: 105, PROMENADE MOUNTAIN VIEW Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le mardi 4 aout 2009A19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 3 270 metres carr6s, situ6e au 105, promenade Mountain View, et &taut aussi one partie du NID 55165716, de zone d'equipement collectif majeur «IL -2 >r a zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2», comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre quatre lots pour I'amdnagemeni des habitiations unifamiliales et bifamiliales. Toute personne int6ress&e peut examiner le projet de modification an bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a ('attention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 i r <I -JQ ana \ cr( _ I/ I BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lots d'une r @union du conseil communal, The City of Saint John a decr6te cc qui suit : The Zoning By -law of The City of L'arr&6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cret6 le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 3270 square metres, located at 105 Mountain View Drive, also identified as being a portion of PD) number 55165716, from `9L -2" Major Institutional to "R -2" One and Two Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: 1 La modification de l'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 3 270 metres carr6s, situde au 105, promenade Mountain View, et dtant aussi une partie du ND) 55165716, de zone d'dquipement collectif majeur a IL -2 >> a zone r6sidentielle -- habitations unifamiliales et bifamiliales «R -2» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrdtd le 2009, avec les signatures suivantes : Common ClerkKireffi6re communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture 154 BY -LAW NUMBER C.P. 110 -111 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETlk No C.P. 110 -111 ARRETI, MODIFIANT L'ARP Tl; SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une rdunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcr6t6 ce qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cret6 le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modifi6 par: 1 Adding the following definitions in I L'ajout des d6fmitions suivantes a Section 20: Particle 20 : "`eave line' means the horizontal line on a building that marks the extreme edge of the overhang of a roof and where there is no overhang, the eave line shall be the horizontal line at the intersection of the roof and wall;" "`shipping container' means a standardized, re- sealable transportation box with its wheels and undercarriage removed, originally designed for the storage or transport of goods via ship, train or truck;" 2 Adding the following as Section 240(1)(b): "(b) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section." 3 Amending Section 830(1)(c)(i) to read as follows: "Maximum height TH, RM, MH, R -1 A, R -113, R -2, R-4 zones ... 6.0 metres all other zones ... 8.0 metres" 4 Amending Section 830(1)(c)(ii) to read as follows: "Minimum side yard RR, RF, RFM zones ... 6.0 metres B and I zones ... 1.5 metres all other zones ... 1.0 metres if less than 70 square metres in ground floor area and 3.0 metres if 70 square metres or more in ground floor area" 5 Amending Section 830(1)(c)(iii) to read as follows: 155 limite de la corniche d6signe la limite horizontale d'un batiment, A savoir Pextrdmitd du surplomb d'un toit (corniche), et lorsqu'il n'y a pas de surplomb, la limite de la corniche repr6sente la limite horizontale Pintersection du toil et du mur; « conteneur d`expedition d6signe une boite de transport normalis6e et refermable dont les roues et le train de roulement ont 6t6 retires et qui a dtd conpue i l'origine pour Pentreposage ou le transport des biens par bateau, train ou carrion. 2 L'ajout de Palin6a 240(1)b) qui se lit comme suit: (c b) Sous reserve de Particle 830, un batiment, une construction ou un usage annexe et secondaire A un usage, A un batiment ou a une construction permis dans le cadre du present alinda. u 3 La modification du sous - alin6a 830(1)c)(i) qui se lit comme suit : Hauteur maximale Zones TH, RM, MH, R -1A, R -1B, R -2 et R-4: 6 m6tres Toutes les autres zones : 8 m6tres o 4 La modification du sous - alinda 830(1)c)(ii) qui se lit comme suit : ((Marge lat6rale minimale Zones RR, RF et RFM : 6 metres Zones B et 1: 1,5 metre Toutes les autres zones: 1 metre si la superficie du rez- de- chauss6e est inf6rieure A 70 m6tres carrds et "Minimum rear yard RR, RF, RFM zones ... 6.0 metres B and I zones ... 1.5 metres all other zones: ... 1.0 metres if less than 70 square metres in ground floor area and 3.0 metres if 70 square metres or more in ground floor area" 6 Amending Section 830(l)(c)(iv) to read as follows: "Notwithstanding the lot occupancy standard, maximum cumulative ground floor area for all accessory buildings and structures on the lot RF, RFM, P, and R zones ... the greater of: 70 square metres, or 6.5% of the lot area, to a maximum of 120 square metres All other zones ... limited by the lot occupancy standards for that zone." 7 Adding the following as Section 830(l)(c)(v): "(v) Maximum height to eave line TH, RM, MH, R -lA, R -113, R -2, R -4 ... 4.3 metres All other zones ... 6.0 metres" 8 Adding the following as Section 830(6): "Shipping or Tractor Trailer Containers Shipping or tractor trailer containers may be permitted as accessory structures only in industrial. zones, if set back a minimum of 7.5 metres from adjacent residential zones and screening is provided by an opaque fence between the container and adjacent "R" zones." 156 3 metres si elle est dgale ou supdrieure A 70 m6tres carrds » 5 La modification du sous - alinda 830(1)c)(iii) qui se lit comme suit : << Cour arridre minimale Zones RR, RF et RFM : 6 m6tres Zones B et 1: 1,5 mdtre Toutes les autres zones: 1 mdtre si la superficie du rez- de- chaussde est inf6rieure 'a 70 m6tres carrds et 3 m6tres si elle est dgale ou sup6rieure A 70 m6tres carrds u 6 La modification du sous - alinda 830(1)c)(iv) qui se lit comme suit : a Malgr6 les normes relatives a 1'occupation du terrain, la superficie cumulative maximale de rez -de- chauss6e pour tous les batiments et constructions annexes sur le terrain Zones RF, RFM, P et R: la valeur la plus dlev6e : 70 m6tres carrds ou 6,5 % de la superficie du lot, jusqu'a concurrence de 120 m6tres carrds Toutes les autres zones : Elles sont linut6es par les normes relatives a Poccupation du terrain pour cette zone. >r 7 L'ajout du sous- alinda 830(1)c)(v) qui se lit comme suit : «(v) Hauteur maximale jusqu'a la limite de la comiche Zones TH, RM, MH, R -]A, R -1B, R -2 et R-4 : 4,3 m6tres Toutes les autres zones : 6 metres >> 8 L'ajout du paragraphe 830(6) qui se lit comme suit: << Conteneurs d'expddition ou de tracteurs semi- remoroues Les conteneurs d'expddition ou de tracteurs semi - remorques peuvent titre autorisds comme constructions annexes uniquement dans les zones industrielles, s'ils se situent i au moins 7,5 mdtres des zones r6sidentielles adjacentes et qu'une cl6ture opaque forme un dcran entre le conteneur et IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire les zones «R» attenantes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffibre communale First Reading - July 20, 2009 Premi6re lecture Second Reading - July 20, 2009 Deuxi6me lecture Third Reading - Troisidme lecture 157 - le 20 juillet 2009 - le 20 juillet 2009 BY -LAW NUMBER C.P. 110 -110 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -110 ARRtTt MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOAN Lors dune reunion du Conseil communal, The City of Saint John a decr6td cc qui suit : The Zoning By -law of The City of Uarrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.88 hectares, located at 299 Golden Grove Road, also identified as PID number 55196547, from "RS -2" One and Two Family Suburban Residential to "IL- 1" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto , and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 La modification de I'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie d'environ 1,88 hectares, situee au 299, chemn Golden Grove, et portant le MID 55196547, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme. A quartier a vocation collective « IL -1 - toutes les modifications sont indiqudes sur It plan ci joint et font partie du present arr6te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2009, avee Its signatures suivantes : Common Clerk/Greffi6re communale First Reading - July 20, 2009 Premiere lecture Second Reading - July 20, 2009 Deuxieme lecture Third Reading - Troisieme lecture 158 - le 20 juillet 2009 - le 20 juillet 2009 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE TO / A 4 RS -2 IL-1 One and Two Family Suburban Neighbourhood Institutional / / Zone residentielle de banlieue- Zone de quartier a vocation habitations unifamiliales et collectif bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi surFurbanisme Applicant: Residential Contractors Ltd. (on behalf of Simmons Special Care Home Ltd.) Location: 299 chemin Golden Grove Road PID(s) /NIP(s) 55196547 07P112NE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 30 juillet, 2009 Considered by P.A.C. /considers par le C.C.U.: July 14 juillet, 2009 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 159 299 Golden Grove Road — Section 39 Conditions That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1.68 hectares, located at 299 Golden Grove Road, also identified as PID Number 55196547 be subject to the following conditions: a. The use of the subject property be restricted a seniors group care facility within the existing building; b. The seniors group care facility be limited to a maximum of 16 beds for clients; and c. Change of Use permit must be obtained from the Department of Building and Inspection Services. im J 2) BY -LAW NUMBER C.P. 110 -112 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARR.ETE No C.P. 110' -112 ARRETE MODIFIANT L'ARRRTE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a decr6te cc qui suit : The Zoning By -law of The City of L'arr6te sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decr6te le dix -neuf (19) December, A.D, 2005, is amended by: decembre 2005, est modifi6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 476 square metres, located at 130 Station Street, also identified as being a portion of PID number 00038620, from "I -1" Light Industrial to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law, IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 La modification de 1'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 476 metres carr6s, situee an 130, rue Station, et 6tant aussi une partie du NID 00038620, de zone d'industrie leg6re « I- 1 » a zone commerciale g6n6rale «B -2 >> - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading -July 20, 2009 Premiere lecture Second Reading - July 20, 2009 Deuxiemc lecture Third Reading - Troisieme lecture 161 - le 20 juillet 2009 - le 20 juillet 2009 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John CID tie 4 w to o d w � ti ewe» gt. rue S S` FROM / DE TO / A I -1 B -2 Light Industrial / General Business / Zone d'industrie Iegere Zone commerciale generale Applicant: Hughes Surveys & Consultants Inc. (on behalf of Ocean Capital Investments Montcon Ltd.) Location: 130 rue Station Street PID(s) /NIP(s) portion of /de 00038620 06N88NE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 30 juillet, 2009 Considered by P.A.C. /considers par le C.C.U.: July 14 juillet, 2009 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 162 BY -LAW NUMBER C.P. 110 -113 A LAW TO AMEND THE .ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -113 ARR]ftt MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : The Zoning By -law of The City of Uarretd sur le zouage de The City Saint John enacted on the nineteenth day of of Saint John, dderdtd le dix -neuf (19) December, A.D, 2005, is amended by: decembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 9470 square metres, located at 100 Fallsview Avenue, also identified as PID numbers 00378505 and 55053441, from "R -2" One and Two Family Residential to "P" Park - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 La modification de I'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour des parcelles de terrain dune superficie d'environ 9 470 metres carrels, situee an 100, avenue Fallsview, et portant les NID 00378505 et 55053441, de zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» A zone de pare, « P >> - toutes les modifications sont indiqudes sur le plan ei -joint et font panic du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - July 20, 2009 Premiere lecture Second Reading - July 20, 2009 Deuxidme lecture Third Reading - Troisieme lecture 163 le 20 juillet 2009 - le 20 juillet 2009 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John prom. FROM / DE TO / A R -2 P One and Two Family Residential Park / Zone de parc /Zone residentielle- habitations unifamiliales et bifamiliales Applicant: Terry Stevens, Saint John Adventure Inc. Location: 100 avenue Fallsview Avenue PID(s) /NIP(s) 55053441 & 00378505 06N77SE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 30 juillet, 2009 Considered by P.A.C. /considers par le C.C.U.: July 14 julllet, 2009 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 164 BY -LAW NUMBER C.P. 110 -114 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -114 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conscil communal, The City of Saint John a ddcr6t6 ce qui suit : The Zoning By -law of The City of L'arret& sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr6t6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4660 square metres, located at 1437 Rothesay Road (formerly 1427 Rothesay Road), also identified as PID number 55197503, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 La modification de Pannexe «A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superfcie d'environ 4 660 metres carr6s, situ6e an 1437, chemin Rothesay (anciennement 1427, route Rothesay) , et portant le NID 55197503, de zone residentielle de banlicue — habitations unifamiliales et bifamiliales acRS -2» a zone Commerciale g6n6rale « B- 2 >> conform6ment a une resolution adoptee par le conscil municipal en vertu de Particle 39 de la Loi sur Purbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le 2009, avec les signatures suivantes : Common Clerk/Greffi&re communale First Reading - July 20, 2009 Premiere lecture Second Reading - July 20, 2009 Deuxi6me lecture Third Reading - Troisicmc lecture 165 le 20 juillet 2009 le 20 juillet 2009 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE TO /A RS -2 B -2 One and Two Family Suburban General Business / / Zone residentielle de banlieue- Zone commerciale generale habitations unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur 1'urbanisme Applicant: Hughes Surveys & Consultants Inc. (on behalf of Tobias Permanent Flooring Ltd.) Location: 1437 chemin Rothesay Road (formerly /jadis ch. 1427 Rothesay Rd.) PID(s) /NIP(s) 55197503 07PO4SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 30 juillet, 2009 Considered by P.A.C. /considers par le C.C.U.: July 14 juillet, 2009 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 166 Section 39 Conditions - '1'437 Rothesay Road (formerly 1427 Rothesay Road) That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 0,461 hectares, located at 1437 Rothesay Road (formerly 1427 Rothesay Road), also identified as PID Number 55197503 be subject to the following conditions: a. Any development be serviced by municipal water, sanitary sewer and storm sewer services; b. A site drainage plan be prepared for this development and submitted to the Chief City Engineer for review and approval; c. The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt, and be enclosed with continuous cast-in-place concrete curbing in order to protect the landscaped areas and to facilitate proper drainage; d. All areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, including the side yards. The landscaping must extend onto the City street right-of-way to the edge of the sidewalk; e. A plan showing access arrangements must be prepared and submitted to the Chief City Engineer or their designate for review and approval; f. Details of landscaping be subject of the approval of the Development Officer prior to the issuance of a Building Permit; g. All developed areas of the site not occupied by buildings, parking, driveways and walkways must be landscaped by the Developer. The landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk; h. Details of signage be subject to the approval of the Development Officer prior to the issuance of a Building Permit; i. Details of lighting be subject to the approval of the Development Officer prior to the issuance of a Building Permit; and j. Architectural drawings, and specifically elevations of any buildings on site, be submitted to the Development Officer for review and approval prior to issuance of a Building Permit. 167 The City of Saint John August 4, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Flooding Westgate Park Concern. The drainage issue for this neighbourhood is certainly a serious concern with respect to the quality of life of citizens living there. Flooding iounacceptable. 4 resolve needs tobefound. As we know, there are a number of challenges in this area — one being the land in the drainage basin to the east ofDownovievvDrive. Motion: That the City Manager present a report to Council outlining the possible solutions and cost to resolve this issue. A report in 6 weeks'time would be requested. Councillor — City of Saint John SAINT JOHN } | P�B�l9� �m��NBC��BL4U/m��n�/CRl971 Saini��N.-B. Canada E2L4O The City of Saint John August 4, 2009 His Worship Mayor Ivan Court and Councillors Subject: Proposed Business Improvement Area - West Your Worship and Councillors, At the July 20, 2009 Council meeting the following resolution was passed: "RESOLVED that Council table item 9.8(a) Proposed Saint John West Business Improvement Area By-Law until business listings and assessments are verified. " Using the civic and assessment listings provided by the City's Planning Department and reviewed by the Saint John West Business Association for accuracy prior to the public hearing held on July 20, 2009, the Clerk's office cross referenced these listings with non-residential users' submitted objections. This was done to determine a percentage of objectors for both number of businesses and for assessment values as provided for in the Business Improvement Act, a section of which is quoted below. Where there appeared to be a discrepancy in the listing, site visits were made to verify the physical location and occupancy, and communication was made in several instances with both property owners and non-residential users to satisfy any questions we had related to the businesses and/or properties. Section 2(3) of the Business Improvement Area Act states: "No by-law referred to in subsection (1) shall be made if, not later than the date set for the hearing of objections under subsection (2), objections in writing are filed with the clerk of the municipality, jointly or independently, by one-third or more of all non-residential users or by non- residential users who in the clerk's opinion would, if the proposed business improvement were designated, together be liable to pay one-third or more of the amount to be raised by a levy." Q`�o — ---- ------ -- -------------- — — SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca h, C.P. 1971 Saint John, N.-B, Canada E2L 41 Page 2 Conclusion Based on comprehensive analysis of the listings and objections received, I found that 34.6% of the non-residential users objected to the proposed Saint John West Business improvement Area By-law, and that non-residential business user objectors would together be liable to pay 36.5% of the amount to be raised by a levy. Recommendation Based on the legislation quoted above, Council must deny the proposed Saint John West Business Improvement Area By-law. Sincerely, 4�Z7 7 Elizabeth =m'['ey .7 Common Clerk 170 . .... . ....... . . . ....... . ..... REPORT TO COMMON COUNCIL M & C-09-228 August 4, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Green Municipal Funding Agreement - Integrated Community Sustai-nability Plan BACKGROUND: 1"1701 City of Saint John On December 15, 2008 Common Council approved the Integrated Community Sustainability Plan (ICSP) for the City of Saint John. At that time Council was informed that an application for FCM funding was submitted to the FCM Green Municipal Fund to finance fifty percent of the eligible development costs of the ICSP. The City of Saint John was pleased to receive notification that our sustainability plan meets the objectives of the FCM and we had been approved for a grant in an amount of up to $63,950 to support the development of the ICSP. We were advised at that time that a draft agreement, containing the terms and conditions for the grant, would be forwarded to the City in early 2009. We subsequently received the draft agreement and the purpose of this report is to seek authorization for the mayor and Clerk to sign the agreement. ANALYSIS: A draft agreement between the City of Saint John and the Federation of Canadian Municipalities for the GMF funding is attached. While a significant amount of the work associated with development of the ICSP has already been completed all costs incurred to date are eligible for the funding covered by the attached agreement. The one major item remaining to be completed is the development of an on-line monitoring tool to provide reporting capabilities to the public for progress being made in achieving the goals set out in the Plan. It is anticipated that this will be completed by the end of 2009, 171 INPUT FROM OTHER SOURCES: The draft agreement has been reviewed by the City's Legal Department and all required amendments arising from their review have been incorporated into the draft attached. RECOMMENDATION: That Common Council authorizes the Mayor and Common Clerk to sign the attached agreement between the City of Saint John and the Federation of Canadian Municipalities regarding Green Municipal Funding for the City's Integrated Community Sustainability Plan. Respectfully submitted, An P. Beckett C.A. Deputy City Manager ANWoods C.G.A. t c ing City Manager 172 GREEN MUNICIPAL FUND (GMF) Plan no.: 10014 Plan "Title: Saint John Integrated Community Sustainability Plan Grant Agreement Sustainable Community Plan Between THE CITY OF SAINT JOHN - and - FEDERATION OF CANADIAN MUNICIPALITIES, as "'Trustee of the Green Municipal Fund This docu rzent is not an of to enter into a contract and, until executed by all parties, it is not a contract. 173 GMF Plan no.: 10014 GRANT AGREEMENT THIS AGREEMENT is made as of the 5 "' day of June 2009. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (herein called "Recipient ") -and- FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund (herein called "FCM ") A _■ N n (a) the Government of Canada (herein called "GoC ") and FCM have established the Green Municipal Fund (herein called "GMF ") to assist municipalities in Canada with municipal environ rental projects and to, inter alia, provide grants for feasibility studies, sustainable community plans and field tests respecting such proposed projects; (b) the GoC has funded GMF, which is being administered by FCM as trustee thereof; (c) FCM, in its capacity as trustee of GMF, has agreed to provide the Recipient with a grant for use by the Recipient solely for the sustainable community plan described in this Agreement; and (d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the Recipient and the use of the grant by the Recipient. NOW THEREFORE, the parties hereby agree as follows: ARTICLE I DEFINITIONS AND SCHEDULES Section 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meanings: "Authorizing Resolution" has the meaning provided in Section 4.01; "Business Day" rneans a day of the year other than a Saturday or Sunday or a statutory holiday observed in the Province of Ontario and in the Province of New- Brunswick; 174 Page 2 of 32 "Contribution" means, in the aggregate, the parts of the Grant Amount advanced by F'CM to the Recipient as provided in this Agreement; "Eligible Costs" has the meaning provided in Part 2 of Schedule A; "Final Plan" or "Plan" means the sustainable community plan described in Part 1 of Schedule A. "First Contribution" has the meaning provided in Section 2.05; "GAAP" means the generally accepted accounting principles for local govertunents as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants; "Grant" means the grant of funds by FCM to the Recipient as contemplated by this Agreement; "Grant Amount" means the amount to be advanced by FCM on account of the Grant up to the maximum amount set forth in Section 2,02; "Material Change" means any change: (a) to the description of the Plan as provided in Part I of Schedule A; (b) to the description of the Plan costs as provided in Part 2 of Schedule A; and (c) to the details of the sources of funding as provided in Part 3 of Schedule A. "Plan Completion Date" has the meaning provided in Section 2.03; "Plan Completion Report" means the plan completion report attached hereto as Schedule E; "Progress Report" means the report attached hereto as Schedule D; "Request for Contribution" means the request for contribution attached hereto as Schedule B; "Second Contribution" has the meaning provided in Section 2.05; Section 1.02 Schedules. The following annexed Schedules form part of this Agreement: Schedule A: Part 1: Description of the Plan (see definition of "Final Plan" and Section 2.01) Part 2: Description of Plan Costs (see definition of "Eligible Costs" and Section 3.01(d)) Part 3: Particulars of the Sources of Funding Schedule B: Form of Request for Contribution (see Section 2.05 and Section 3.01(b) and Section 3.02(d)) Schedule C: Form of Certificate of Incumbency and Authority (see Section 3.01(c)) 175 Page 3 of 32 Schedule D: GMF Reporting Submissions - Progress Report and Checklist (see Section 3.01(a)) Schedule E: GMF Reporting Submissions - flan Completion Report and Checklist. (see Section 3.02(c)) Section 1.03 Interpretation. In this Agreement: (a) the division into Sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement; (b) the expressions "hereof', "herein", "hereto", "hereunder", "hereby" and similar expressions refer to this Agreement and not to any particular portion of this Agreement; and (c) unless specified otherwise or the context otherwise requires: (i) references to any Section are references to the Section of this Agreement; (ii) "including" or "includes" means "including (or includes) but is not limited to" and shall not be construed to limit any general statement preceding it to the specific or similar items or matters immediately fallowing it; (iii) references to any legislation, statutory instrument or regulation or a section thereof, unless otherwise specified, is a reference to the legislation, statutory instrument, regulation or section as amended, restated and re- enacted from time to time; (iv) references to currency or to 'T' shall be to lawful currency of Canada; and (v) words in the singular include the plural and vice, -versa and words in one gender include all genders. ARTICLE 2 THE GRANT Section 2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the preparation of the Plan. Section 2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Costs an amount that is equal to the lesser of: (i) the sum of sixty three thousand nine hundred fifty dollars ($63,950); or (ii) fifty percent (50 %) of Eligible Costs. Section 2.03 Plan Completion Date. The Recipient anticipates that the flan will be completed by no later than the V day of December, 2009 (the "Plan Completion Date "). As contemplated by Section 5.03 the Recipient shall inform FCM as soon as it becomes aware that the Plan is not likely to be completed by such date. Section 2.04 Grant Expiration Date. If the Recipient fails to meet the conditions of Contribution set forth in ARTICLE 3, including delivering the Plan Completion Report within two (2) years froin the date of this Agreement, and /or fails to request the Contributions as provided for in Section 2.05 then FCM may, at its sole and absolute discretion and on notice to the Recipient, forthwith terminate this Agreement including any obligation to provide the Grant and/or make any or all of the Contributions. 176 Page 4 of 32 Section 2.05 Contributions, The Recipient shall request the advance of each of the First Contribution and the Second Contribution by delivering to FCM a completed Request for Contribution in the form of Schedule B, at least thirty (30) days before the date of the Contribution set out therein, which date shall be a Business Day (in respect of the First Contribution, the "'First Contribution Date", in respect of the Second Contribution, the "Second Contribution Date", and each is a "Contribution Date"). Provided that the conditions of Contribution set forth in ARTICLE 3 have been met when the Recipient submits the Request for Contribution, FCM shall advance the Grant Amount to the Recipient as follows: (a) As to the conditions set out in Section 3.01, the amount of the First Contribution shall be the lesser of (the "First Contribution"): (i) the sum of thirty one thousand nine hundred seventy five dollars ($31,975); or 00 fifty percent (50%) of Eligible Costs. (b) As to the conditions Set Out in Section 3.02, the amount of the Second Contribution shall be the lesser of (the "Second Contribution"): (i) the sum of thirty one thousand nine hundred seventy five dollars ($31,975); or 00 fifty percent (50%) of Eligible Costs. ARTICLE 3 CONDITIONS OF CONTRIBUTION OF THE GRANT Section 3.01 Conditions of First Contribution of the Grant. Subject to Section 2.05, the obligation of FCM to remit the First Contribution is conditional upon the following conditions being satisfied by no later than the 31" day of July, 2009 (as may be extended by FCM, in its discretion): (a) the Recipient has completed and submitted to FCM a Progress Report in the form of Schedule D that describes the current status of each of the conditions and terms listed in Part I of Schedule A, and shall have obtained FCM approval of the report thereafter; (b) the Recipient has delivered to FCM, by no later than thirty (30) days prior to the requested date of Contribution, a completed Request for Contribution in the form of Schedule B; (c) the Recipient has delivered to FCM a copy of the Certificate of Incumbency and Authority in the form of Schedule C; (d) the Recipient has delivered to FCM a statement of expenses, confirming, in a manner satisfactory to FCM, the Eligible Costs incurred by the Recipient in relation to the Plan and confirming that the Grant will be used for the purposes set forth in Section 2,01, together with copies of supporting invoices and receipts with accompanying back-up documentation. the Recipient has delivered to FCM evidence in form and substance acceptable to FCM, confirming that each of the sources of funding described in Part 3 of Schedule A has contractually agreed on the conditions and amount of its funding of the Plan; (e) the Recipient has delivered to FCM confirmation satisfactory to FCM that the following conditions have been satisfied: no additional conditions imposed. Page oF32 177 Each of the foregoing conditions is included for the heoo§t ofFCM and may he waived in whole or in part a(BC&J`osole discretion bvnotice to the Recipient. Section 3.02 Conditions of Second Contribution of the Grant. Subject to Section 2.05, the obligation ufFCM to remit the Second Contribution is cuodlt|uou| upon the following ouuditiuoa being outiofiedbvoo later than the l~ day of December, 28U9 (as may he extended 6vFCM`in its diyoration): (a) the prior Contribution has taken place; (b) the Recipient has completed and submitted to FCM, u paper and an a\ecbnuiu copy of the Final Plan; (o) the Recipient has completed and submitted to FCM u Plan Completion Report in the form of Sobcdu]c E that describes the ututnm of each of the conditions and tozou listed in Part ] of Schedule &` and aba|| have obtained FCM approval of the report thereafter; (d) the Recipient has delivered to FCM, by no later than thirty (30) days prior to the requested date of Contribution, a completed Request for Contribution iuthe form ofSchedule B; , (e) the Recipient has delivered toFCM, a proof of council approval of the Plan; (f) the Recipient has delivered to FCMu ozatemootof expenses, confinniog, in o manner satisfactory to PCM, the Eligible Costs incurred by the Recipient in relation tothe preparation mf the Plan and confirming that the Grant will be used for the purposes set forth in Section 2.01, together with copies ofsupporting invoices and receipts with accompanying back-up documentationEach of the foregoing conditions in included for the benefit ufFCM and may be waived in vvboio or in part at FCM`a sole option bvnotice tm the Recipient. ARTICLE REPRESENTATIONS AND WARRANTIES Section 4.01 Representations and Warranties. The Recipient represents and warrants that: (a) it is duly established by Royal Charter, confirmed and amended by Acts of the Legislative /\nummh\y of the Province of New Brunswick, and has the legal power and autbmcdv to enter into, and perform its obligations under, this Agreement and the Plan; (b) this Agreement has been duly authorized and executed by it and constitutes avu|iJ and binding obligation of it, enforceable against it io accordance with its terms; (c) neither the making ofthis Agreement nor the compliance with its ternris and the terms of the Plan will conflict with mresult in the breach nfany of the terms, conditions m provisions of, or constitute 'a default under any indenture, debenture, agreement o« other instrument urarrangement to which the Recipient ieu party orby which ltlo bound, or violate any ofthe terms mzprovisions of the Kecipieot'ouonmtmCing documents or any license, approval, uoouc/t" judgment, decree or order or any statute, rule or regulation applicable &n the Recipient; Page 6u[Zl 178 (d) the resolution of the Recipient authorizing the preparation of the Plan and this Agreement (the "Authorizing; Resolution ") has been enacted and passed by the council of the Recipient in full compliance with applicable laws and regulations at meetings at which a quorum was present", (e) no application has been made or action brought to quash, set aside or declare invalid the Authorizing Resolution nor has the same been in any way repealed, altered or amended, and such Authorizing Resolution is now in full force and effect; (f) the Recipient is not subject to any restructuring or other similar order under any applicable statutory authority, (g) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so :far as the Recipient is aware no claim has been made, which is likely to have a material adverse effect on its preparation of the Plan or its compliance with its obligations under this Agreement; (h) the Recipient owns all right, title and interest, including all intellectual property rights, in and to all reports and other documents prepared in connection with this Agreement or the Plan by or on behalf of the Recipient and has sole and exclusive rights to the use thereof. Any person involved in the preparation of such reports and other documents has executed and delivered to the Recipient a written agreement which effects the assignment to the Recipient of all right, title and interest therein., including all intellectual property rights, and provides that such person has waived all its non - assignable rights (including moral rights) therein; and (i) no report or other document prepared in connection with this Agreement or the Plan by or on behalf of the Recipient infringes upon any of the intellectual property rights of any other person and the Recipient has not received any charge, complaint, claim, demand, or notice alleging any interference, infringement, misappropriation or violation of the intellectual property rights of any other person, nor does the Recipient know of any valid grounds for any bona fide claims. ARTICLE 5 COVENANT'S Section 5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing: (a) the Recipient covenants and agrees that it shall use the Grant only for the preparation of the Plan, (b) the Recipient covenants and agrees that it shall carry out the preparation of the Plan and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all applicable environmental, health and safety laws of the Province of New Brunswick and of Canada; (c) the Recipient covenants and agrees that it shall conduct the preparation of the Plan with due diligence and efficiency and in accordance with sound engineering, financial and business practices; maintain its accounts, management information and cost control system and books of accounts adequately to reflect truly and fairly the financial condition of the preparation of the Plan and to conform to GAAP; (d) upon FCM's request with reasonable prior notice thereto, the Recipient covenants and agrees that it shall permit representatives of FCM, during its normal office hours, to have access to its books 179 Page 7 of 32 of accounts and records relating to the Plan and permit FCM to communicate directly with, including the receipt of information from, its external auditors regarding its accounts and operations relating to the preparation of the Plan; and (e) the Recipient shall own all right, title and interest, including all intellectual property rights, in and to all reports and other documents prepared in connection with this Agreement or the Plan by or on behalf of the Recipient and shall have sole and exclusive rights to the use thereof. The Recipient shall ensure that any person involved in the preparation of reports and other documents in conriection with this Agreement or the Plan owns all right, title and interest, including all intellectual property rights, in the materials which they prepare for the Recipient, has executed and delivered to the Recipient a written agreement which effects the assignment to the Recipient of all such right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non- assignable rights (including moral rights) therein. Section 5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not: (a) use the Grant for expenditures that are not Eligible Costs; (b) make any Material Change to the nature or scope of the Plan or carry out the preparation of the Plan in a manner which materially differs from that described in Schedule A hereof; (c) sell, assign., transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the properties, whether movable or immovable, relating to the Plan, whether now owned or hereafter acquired, and whether to a private sector partner of it or otherwise, except if provided for in Schedule A. Section 5.03 Qnyoing Information and Notice Requirements. The Recipient shall provide to FCM the following information, in a form and substance satisfactory to FCM: (a) prompt notice of any change to the Plan Completion bate as set out in Section 2.013; (b) prompt notice of any proposed change in the nature or scope of the legal status of the Recipient; (c) prompt notice of any act or thing which does or may materially and adversely affect the Plan or the ability of the Recipient to perform its obligations under this Agreement and the Plan; (d) prompt notice of any litigation or administrative proceedings, together with copies of any written legal documents as FCM may request, before any court or arbitral body or other authority which might materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under this Agreement and in respect of the Plan; (e) immediate notice of the occurrence of any Event of Default relating to it specifying the nature of such Event of Default, and the steps, if any, that it is taking to remedy the same; and (f) such other information as FCM may from time to time reasonably request from it by notice to it. 180 Page 8 of 32 ARTICI.sE 6 EVENTS OF DEFAUI.IT Section 6.01 Events of Default, The following events are "Events of Default ": (a) default shall have occurred in the performance of any covenant, agreement or undertaking of (lie Recipient contained in this Agreement, and any such default shall have continued for a period of not less than fifteen (15) days after notice thereof shall have been given to the Recipient, as applicable, by FCM; (b) any representation or warranty confirmed or made in .AR"T"ICLE 4 or in a Request for Contribution under this Agreement or in connection with the execution and implementation of this Agreement or in connection with the Plan, is found to have been incorrect or misleading; (c) if control and charge over the administration of all the affairs of the Recipient are vested in any person other than the Recipient; and (d) if any act or thing which, in the determination of FCM, does or may materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under this Agreement and the Plan has occurred or may occur. Section 6.02 Remedies. Upon the occurrence of an Event of Default, FCM may by notice to the Recipient: (a) terminate this Agreement; Section 6.03 Saving of Rights. No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to FCM upon any default under this Agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or any acquiescence therein, nor shall the action of FCM in respect of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of FCM in respect of any other default. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01 Publications. (a) The Recipient shall recognize and state in an appropriate manner, as approved by FCM, the financial assistance offered by GMF concerning the preparation of the Plan and the contribution of the CGoC to the GMF; (b) The Recipient shall incorporate the following language into the reports that it produces in connection with the Plan, unless it has received written notice to the contrary from FCM: "0( 200X, The City of Saint John. All Rights Reserved. The preparation of this sustainable community plan was carried out with assistance from the Green Municipal Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the 181 Page 9 of 32 authors„ and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." (c) The Recipient grants FCM a perpetual, non - exclusive, non - transferable and royalty -free license to use, reproduce, distribute, modify, adapt, change formats, display and translate all reports, documents or other information which is prepared and/or delivered by or on behalf of the Recipient to FCM pursuant to this Agreement in furtherance of the goals and objectives of the FCM and /or the GMFs Section 7.02 Communication. The Recipient shall comply with any guidelines for the planning of corrimunications and the respective roles of the Recipient and of FCM in the coordination and implementation of a communication strategy relating to the Plan, during the term of this Agreement and for five (5) years following termination hereof. The Recipient also agrees to cooperate in providing reasonable information on the Plan to other interested persons. Section 7.03 Notices and Re guests. Any notice, demand, request or other communication to be given or nnade under this Agreement to FCM or to the Recipient shall be in writing and may be made or given by personal delivery, by ordinary snail, by facsimile or by electronic mail addressed as follows: To the Recipient: City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Attention: Ms, Kimberly Graham Manager, Programs and Priorities o telephone: 506 -658 -2919 ® by facsimile: 506 - 658 -2802 by electronic mail: kim.graham ct?saintjohn.ca Alternate Contact: Attention: Mr, Andrew Beckett Title: Deputy City Manager telephone: 506-658-2905 by facsimile: 506 - 658 -2802 by electronic mail: Andrew.beckett @saintjohn.ca To FCM: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 182 Page 10 of 32 Attention: Ms. Nathalie Lapointe Project Officer telephone: 613 -907 -6261 by facsimile: 613 -244 -1515 by electronic mail: nlapointe�fcm.ca Any notice, demand, regAuc,st or other communications made or given by personal delivery shall be deemed to have been made or given on the day of actual delivery thereof, and if made or given by ordinary mail, on the 3rd Business Day following the deposit thereof in the snail, and if made or given by facsimile transmission or by electronic mail, on the I" Business Day following the transmittal thereof, if the party giving any notice, demand, request or other communications knows or reasonably ought to know of any difficulties with the postal system that might affect the delivery of mail, such notice, demand, request or other communications shall not be mailed, but shall be given by personal delivery, facsimile transmission or electronic mail. Section 7.44 Release and Indemnification lay the Recipient.. The Recipient acknowledges and agrees that: (a) By accepting or approving anything required to be accepted or approved pursuant to this Agreement or the Plan, FCM shall not be deemed to have warranted or represented the accuracy, sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by FCM. (b) The Recipient releases and forever discharges FCM and its directors, officers, agents, servants and employees from any claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses arising out of or in consequence of any loss, injury or damage to the Recipient or its property in any way relating to this Agreement and/or the Plan. (c) The Recipient agrees to indemnify and save harmless FCM and its directors, officers, agents, servants and employees from all claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest„ penalties and amounts paid in settlement) arising directly or indirectly as a consequence of such matter suffered or incurred by FCM and its directors, officers, agents, servants and employees as a result of or arising directly or indirectly out of or in connection with: (i) the preparation of the Plan; (ii) any act of, or failure to act by, the Recipient or its directors, officers, agents, servants or employees; (iii) any inaccuracy of any representation or warranty contained in this Agreement or in any agreement, instrument, certificate or other document delivered pursuant hereto; (iv) any breach or non - performance by the Recipient of any covenant to be performed by it that is contained in this Agreement or in any agreement, certificate or other document delivered pursuant hereto; and (v) any breach or alleged breach by the Recipient of the intellectual property rights of any person, and, without limiting the generality of the foregoing, FCM shall not be liable for any bodily injury, death or property damage of any person or any claim against the Recipient or its directors, officers, agents, servants or employees by which. FCM may be made or attempted to be made a party and any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient or its directors, officers, agents, servants or employees arising out of or in any way related to this Agreement or the flan. 183 Page 11 of 32 (d) The Recipient shall be solely and fully responsible for the preparation and completion of the Plan or any element thereof. FCM shall not be responsible in any way whatsoever for the preparation and completion of the Plan or any element thereof. The Recipient acknowledges and agrees that it shall be responsible for all acts of its directors, officers, agents, servants and employees and that all such acts shall be treated as acts of the Recipient for the purposes of this Agreement. Section 7.05 I <CM's Limited Liability. FCM has executed this Agreement solely in its capacity as Trustee of the GMF and not in its own capacity. Accordingly, recourse with respect to any liability or obligation of FCM in connection with this Agreement shall be limited only to the property and assets of the GMF and neither FCM nor any director, officer, agent, servant or employee thereof shall have any personal liability therefor. Section 7.06 Further Assurances. The Recipient shall promptly execute and deliver, upon request by FCM, all such other and further documents, agreements, opinions, certificates and instruments as may be reasonably required by FCM to more fully state the obligations of either party to this Agreement or to make any .recording, file any notice or obtain any consent. Section 7.07 Amendment. Any amendment of any provision of this Agreement, including the Schedules, must be in writing and signed by both parties. Section 7.08 Choice of Lanyua1e. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English. Les parties reconnaissent avoir exig€; que la presente convention et tons les documents connexes soient rediges en anglais. Section 7.09 Governinp, Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Section 7.10 Choice of Forum. The parties hereto agree and intend that the proper and exclusive forum for any litigation of any disputes or controversies arising out of or related to this Agreement shall be a Court of competent jurisdiction located in the Province of Ontario, City of Ottawa. Section 7.1:1 Effectiveness. This Agreement shall continue in force until such time as FCM has received, and notified the Recipient of its satisfaction with, the Final Plan and the Plan Completion Report or until this Agreement has been terminated in accordance with Section 2.04 or Section 6.02, whichever shall first occur. Section 7.12 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit . of the parties hereto and their respective successors and assigns, except that the Recipient may not assign or otherwise transfer all or any part of its rights or obligations under this Agreement without the prior written consent of FCM. Section 7.13 Severability. lit the event that any part of a provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extent possible and shall be read -down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the rest of the Agreement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions. Section 7.14 Waiver of Rights. Except as expressly provided in this Agreement, any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is 184 Page 12 of 32 in writing and signed by the party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of a party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.. Section 7.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior correspondence, agreements, negotiations, discussions and understandings, if any, written or oral. Section 7.16 Audit. FCM reserves the right, at its own expense, to audit compliance by the Recipient with this Agreement at any time. Section 7.17 Counterparts. This Agreement may be executed in two counterparts and, in such case, each such counterpart shall be deemed an original, but both of which together shall constitute one and the same agreement. ARTICLE 8 SURVIVAL Section 8.01 Survival. The provisions of ARTICLE 7 shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above written. THE CITY OF SAINT JOHN per: Mr. per: Ms. Ivan Court, Mayor Elizabeth Gormly, Common Clerk. JlWe have authority to bind the Recipient herein. Common Council Resolution: FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund per: ... Mr. Brock Carlton, Chief Executive Officer I have authority to bind FCC herein Page 13 of 32 185 SCHEDULE A Part 1: Description of the Plan (see definition of "Plan" and Section 2.01) The City of Saint John is developing an Integrated Community Sustainability Plan (ICSP), through the Vision 2015 - Program of Excellence, to enable the City to lead the nation as an example of a sustainable community, The ICSP is a key component of the overall Vision 2015 Planning Framework designed to align city services with the community vision and to embark on the process of continuous improverricrit. The ICSP is a long; -term plan, developed in partnership with community members, to provide direction for Saint John to realize the sustainability objectives it has for the environmental, cultural, social and economic needs. Dialogue through community consultation is a key foundation of the planning framework. Already through the visioning component of the planning framework, the community has voiced over 15,000 opinions and ideas on the future of the City. Another key foundation is taking a systems approach to the planning and implementation processes, by encouraging inter- and intra- organizational communication and acknowledging that an improvement in one area of a system may impact positively or negatively on another area of the system. Finally, the City is taking a sustainable approach to decision making, accounting for all resources - economic, social and environmental — and recognizing full costs of decisions in a way that supports financial, environmental and community well-being over the long ten-n. A. The preparation of the Plan will proceed as per the description above and in accordance with the conditions set out in ARTICLE 3, B. The Progress Report shall be completed and submitted in accordance with Schedule D: Progress, Report and Checklist. C. The Completion Report shall be completed and submitted in accordance with Schedule E: Plan Completion Report and Checklist. 186 Page 14 of 32 SCHEDULE A Part 2: Description of Plan Costs (see definition of "Eligible Costs" and 'Section 3.01(d)) Summarize the Plan's total costs] as follows: Descri Lion Amount Eli ible Cost items Document Review & Gap Analysis: Consultant fees Document Review and Gap $32,631 Analysis Environmental Scan of Community Assets Community Based Issue Analysis: Consultant fees Environmental Scan of Issues and 815,046 Opportunities Advisory Group Meeting #1 Prioritization Workshop Action Planning: Identify Actions Goals and Strategies Consultant fees prioritize Strategies $9,306 Identification of Monitoring indicators and Targets Advisory Group Meeting 42 Develop Decision Making Framework : Consultant fees An effective decision making $3,888 framework is developed and accepted. Consultant fees Refine Measures and Develop $6,000 Monitorin Program Draft/Final ICSP Develop implementation program Draft ICSP Consultant fees Advisory Group Meeting 43 $21,687 Council Presentation of Draft Finalize and present to Advisory Group and Council French Translation of ICSP and Admin Costs supporting information by $12,000 contracted agency Develop Strategy Mapping Tool: Website development to provide Consultant fees for community information, $20,000 feedback, and reporting of all elements of ICSP including 187 Page 15 of 32 1. The expenditures claimed are subject to audit by FCM. The amounts contributed by the GMF may vary as a consequence. No expenditure incurred prior to February 20, 2008 is permitted to be included as an Eligible Cost. 2. The following criteria were developed to help FCM determine whether to accept an application by the Recipient to have an in -kind contribution on account of salaries, fees or remuneration included as an Eligible Cost. The value of the Plan's total in -kind contributions on account of salaries, fees or remuneration cannot exceed 10 % of the sub -total Eligible Costs (Note: the value of such accepted in -kind contributions shall be included in determining the value of the total. Eligible Costs.). Page 16 of 32 188 vision, goals, targets, partners and progress Consultant fees Communications. Communications strategy and material $7,292 Subtotal — Eligible Costs $127,900 Allowable In -Kind Contribution Subtotal — Allowable In -bind Contributions Total Eligible Costs $0 Ineligible Cost Items Strategy Mapping Tool Software (software purchase) $25,000 Total Ineligible Costs 525,000 Stud f Plan Total Costs $152,900 1. The expenditures claimed are subject to audit by FCM. The amounts contributed by the GMF may vary as a consequence. No expenditure incurred prior to February 20, 2008 is permitted to be included as an Eligible Cost. 2. The following criteria were developed to help FCM determine whether to accept an application by the Recipient to have an in -kind contribution on account of salaries, fees or remuneration included as an Eligible Cost. The value of the Plan's total in -kind contributions on account of salaries, fees or remuneration cannot exceed 10 % of the sub -total Eligible Costs (Note: the value of such accepted in -kind contributions shall be included in determining the value of the total. Eligible Costs.). Page 16 of 32 188 Eligible and Ineligible Costs for Sustainable Community flans In order to be eligible for reimbursement: 1. Back -up documentation is required for all expenses submitted contractor invoices, travel expenses claims, timeshects, etc,) 2. All expenses must be invoiced directly to the lead applicant. invoiced directly to the lead applicant will not be reimbursed. over $10 (examples: sub- Any invoices that are not Services: Eligible Costs: Fees for professionals, consultants and contractors performing work towards the preparation of the Plan (including preparation of GMF application) are eligible expenses, provided that the fees are not associated with individuals who are on the payroll of the Recipient. Ineligible Costs: Any expenses listed as overhead are not eligible. Any costs associated with person(s) enrolled on the Recipient's payroll are ineligible, except for those defined under the category listen as "In- Kind ". Supplies and materials: Eligible Costs: Supplies and materials which are specifically needed to undertake the approved activity are eligible, provided that they are procured from outside suppliers and used exclusively for the preparation of the Plan. Ineligible Costs: Overhead expenses such as general office supplies and furniture are ineligible. Equipment: Eligible Costs: The rental of tools and equipment is eligible if the rental is specifically needed to undertake the approved activity. Ineligible Costs: Purchase of equipment is ineligible unless it is less expensive than the rental. FCM pre - approval is required for the purchase of equipment. Travel and Accommodation: Eligible Costs: Travel and accommodation for external consultants whose expertise is required for carrying out the preparation of the Plan will qualify to the extent that the Travel and Accommodation rates comply with Treasury Board of Canada guidelines. Ineligible Costs: Travel, accoirmodation and any fees associated with attending conferences, missions, trade shows, etc, are not eligible. Any travel and accommodation expenses associated with the lead applicant or the Plan Partner(s) is ineligible, Transportation, shipping and courier charl4es: Eligible Costs: Transportation costs for delivery of materials and services essential for the preparation of the Plan. The costs must be reasonable and cannot combine or be an outcome of other activities not related to the Plan Page 17 of 32 :• Ineligible Costs: Any transport expense that is a direct result of on -going business activity and not a specific requirement for the Preparation of the Plan is ineligible. For example, on a waste Plan, the waste collection and delivery to a facility located in proximity of a waste disposal site would not qualify as the waste collection is a regular activity happening regardless of the Plan.. Meetings and public 2atherinj4s: Eligible Costs: Those reasonable costs related to meetings and discussions that are essential for the activity. Examples include meeting costs associated with public gatherings that serve the objective of communicating the preparation of the Plan to the public & outside stakeholders (room rental, show services such as rental of video equipments, tables, chairs) and collecting feedback (internet and costs related to website development). Ineligible Costs: Any hospitality expenses (Examples include food and drinks, door prizes, alcohol, entertainment, music, decorations, flowers, centerpieces, etc.) Administrative costs: Eligible Costs: includes administrative costs which are directly linked to the Plan and have been incurred for the preparation of the Plan. Examples are communication costs such as telephone long distance calls or faxes, permit, certification required for the preparation of the Plan, printing /photocopying by outside suppliers or acquiring of documents used exclusively in the preparation of the Plan and documents translation. Ineligible Costs: Ordinary office supplies and expenses, i.e. business cards, paper, file folders, monthly fee for telephone line, etc. are not eligible. Expenses used in ordinary fashion during the preparation of the Plan are not eligible. Examples include general utilities (electricity, gas, water, etc.), insurance premiums, janitorial expenses, etc. Advertising: Eligible Costs: The cost of advertising, including fees for advertising development as well as cost for presenting it in media will be eligible to the extent of being essential in the objective of communicating the Plan to the public & outside stakeholders as well as fulfilling the requirement of public input on the Plan. Ineligible Costs: The cost of advertising for general education or publicity that is a direct result of on -going business activity and not a specific requirement of the Plan is ineligible. The cost of promotional items is ineligible. "faxes: Ineligible Costs: Provincial Sales Tax and the Goods and Services Tax for which the bead ,Applicant is eligible for a tax rebate and any other costs eligible for rebates. Page 18 of 32 .m SCHEDULE A Part 3. Particulars of the Sources of Funding Sources of Funding3 Table Sou;rce3 Source Name Descriptiou/Notes Amount Date Committed Muuicipa13 City of Saint John Eligible casts $63,950 March 4, 2005 City of Saint Jolui Ineligible costs S25,000 December 15, 2008 Green _ Municipal Green :Municipal Fund GMF Grant $63,950 September 18, 2008 Fund Plan Total Casts 5152,900 I For each funding source listed, the Recipient must submit evidence of the financial contribution as provided in Section 3.01 (e). Page 19 of 32 an SCHEDUIX B, Form of Request for Contribution (see Section 2,05 and Section 3.01(b), and 3.02(4)) [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 51`3 Attention: Ms. Nathalie Lapointe Project Officer Ladies and Gentlemen: Re: Green Municipal Fund –Plan no. 10014 Grant Agreement dated .Tune 5 2009 ( "Agreement ") between the Federation of Canadian Municipalities (as Trustee) and the City of Saint John ( "Recipient ") Request for Contribution no.: All terms defined in the Agreement shall have the same meanings herein and all references herein to Articles, Sections and subsections are to those Articles, Sections and subsections of the Agreement. The Recipient hereby requests the [First /Second] Contribution., on XXXX, 200.X, in accordance with the provisions of Section 2.05 and Section 3.01(b) and Section 3.02(d)) (the "Contribution Date ") of the following amount: And the Recipient requests that such amount be paid to the following account: Name of Bank: Address of Bank: Telephone no. of Bank: XXX- XXX -XXXX Bank no.: XXX [3 digits] Transit no.: XXXXX [5 digits] to the credit of Recipient's Account no.: Provided that if this is not the First Contribution, the Recipient hereby acknowledges having received from FCM the following prior Contribution(s): Contribution no. 1 on , 200X of S Contribution no. 2 (if applicable) on —, 200X of $_ 3. The Recipient hereby certifies as of the Contribution Date that: Page 20 of 32 192 (a) the Recipient has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws of the Province /Territory of XXX and of Canada in order for the Recipient to enter into and comply with this Agreement; (b) the representations and warranties confirmed or made in ARTICLE 4 with respect to the Recipient shall be true on and as of the Contribution Date with the same effect as though such representations and warranties have been made on and as of the Contribution Date; (c) all covenants and other obligations of the Recipient to be performed or complied with as of the Contribution Date have been performed or complied with as of the Contribution Date; (d) no act of thing does or may materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under the Agreement and the Plan has occurred; (e) all of the conditions of Contribution contained in ARTICLE 3 of the Agreement to be performed by the Recipient have been satisfied. (f) if this is not the First Contribution, the prior Contribution(s) has /have been entirely used by the Recipient for Eligible Costs in accordance with the purpose specified in Section 2.01 within six (6) months following the date of (each) such prior Contribution(s). 4. If any certification in paragraph 3 is not true and correct as of the Contribution Date, the Recipient will immediately notify FCM prior to the making of the Contribution by FCM. Yours truly, The City of Saint John by XXXX, Authorized Representative* *As named in the Recipient's last Certificate of Incumbency and Authority Page 21 of 32 193 SCHEDULE C Foram of Certificate of Incumbency and Authority (see Section 3.01(c)) [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation o Canadian Municipalities 24 Clarence St et Ottawa, Ontario KIN 5P3 Attention: Ms. Ncltltoffii hahe LApointe Projcer La dies and Gentlemen: Re: Green Municipal Fu )Ad — Plan no.. 10014 Grant Agreement dat d ,tune 5 2009 ( "Agreemnemmt ") between the Federation of Canadian Municipalities (as Trust e) and the City of Saint John ( "Recipient ") Certificate of Incumbency and Authority I, the XXXXX of the Recipient, with the thorny of its mlulicipal council, hereby certify that the following are the names, offices and true specimen si atures of the persons, any one of whom is and shall continue to be (until you receive authorized written not 'ce from the Recipient that they, or any of them, no longer continue to be) authorized: • to sign on behalf of the Recipient a Req ests for Contribution provided for in the Agreement; • to sign the certificates provided for in the greement; and • to take, do, sign or execute in the name of t e Recipient, any other action required or permitted to be taken, done, signed or executed under e Agreement and under any other agreement to which you and the Recipient are parties: No. Name Specimen Signature Office 1, Mr. Terry Totten City Manager 1 Ms. Kim Graham lnager, Programs and Priorities Yours truly, The City of Saint hn per:: Terry Totten, City Man ger, The City of Saint. John Page 22 of 32 194 SCHEDULE C Form of Certificate of Incumbency and Authority (see Section 3.01(c)) [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer Ladies and Gentlemen: Re: Green Municipal Fund — Plan no. 10014 Grant Agreement dated June 5 2009 ( "Agreement ") between the Federation of Canadian Municipalities (as 'Trustee) and the City of Saint John ( "Recipient ") Certificate of Incumbency and Authority 1, the XXXXX of the Recipient, with the authority of its municipal council, hereby certify that the following are the names, offices and true specimen signatures of the persons, any one of whom is and shall continue to be (until you receive authorized written notice from the Recipient that they, or any of them, no longer continue to be) authorized: • to sign on behalf of the Recipient a Requests for Contribution provided for in the Agreement; • to sign the certificates provided for in the Agreement, and • to take, do, sign or execute in the name of the Recipient, any other action required or permitted to be taken, done, signed or executed under the Agreement and under any other agreement to which you and the Recipient are parties: No. Name 1. Mr. J. Patrick Woods 2. Ms. Kim Graham Specimen Signature 195 Office Acting City Manager Manager, Programs and Priorities Yours truly, The City of Saint John per: J. Patrick Woods, Acting City Manager, The City of Saint John im GMF Reporting Submissions Progress Report and Checklist Please don't hesitate to contact your project officer to receive an electronic copy of the Progress Report template. GMF grant recipients must enclose copies of the Progress Report in electronic format via email with their Request for Contribution. Progress Report GMF number: Name of the Recipient: Phone, fax, e-mail, and address of lead contact: Date of the Progress Report: Questions (suggested length of 1 -2 pages): I . How much of the Plan is complete? Please indicate which milestones and/or activities identified in Schedule A of the Agreement have been hilly or partially completed and the timing for completing the remaining activities. 1 Have there been any significant changes, or do you anticipate any significant changes, to the Plan as it was outlined in Schedule A of the Agreement? If so, please explain how the scope of the Plan will change. 3. Have there been any changes in the nature or scope of the legal status of the grant recipient? If so, please explain. 4. Please compare the current actual costs of the preparation Plan with the budgeted costs identified in Schedule A of the Agreement. For each activity which shows or is anticipated to show a significant difference (more than plus or minus 10 %), provide a brief explanation. 5. When do you expect to submit your next Contribution Request? mote: If this date is later than the date indicated in the Agreement, FCM must be notified in writing of the reason(s) for the delay at least 30 days before the date indicated in the Agreement. 6. If someone in another community were interested in undertaking a similar initiative, what advice would you have for them, based on your experience to date? 7. If you were planning this kind of initiative again, would you do anything differently, based on your experience to date? Page 2.3 of 32 197 Progress Report(s) Checklist This el)ccklist was designed to help recipients of the Green Municipal Fund ensure that all necessary documentation is forwarded along with the Progress Report. Please submit this COMPLETED CHECKLIST al2ng with the Prol4ress Report. GMP Number: Name of Recd lent: Plan Title: Contact Person: Phone Number: Email: Included Required Supporting Documentation Reference Evidence of all appropriate authorizations, including any necessary by -laws or resolutions passed by the Recipient's council OR motions passed by the See ARTICLE 3 (Conditions ❑ 1. Recipient's Board of Directors and any necessary of Contribution) of the authorizations from the Government of the Province Agreement or Territory for undertaking the preparation of the Plan and receiving the Grant. Evidence that each 'Source of Funding as described in See ARTICLE 3 (Conditions ❑ 2. i Schedule A has contractually agreed on the nature and of Contribution) of the amount of the funding. Agreement A copy of the Certificate of Incumbency and �^ _ See ARTICLE 3 (Conditions ❑ 3` Authority on letterhead with an authorized signature. of Contribution) and Schedule C of the Agreement A copy of the Request for Contribution on See ARTICLE 3 (Conditions ❑ 4. letterhead with an authorized signature. of Contribution) and Schedule I3 of the Agreement Evidence to support that the additional Conditions of See ARTICLE 3 (Conditions ❑ 5. Contribution as imposed by GMF have been met. of Contribution) and Part I of Schedule A of the Agreement A statement of expenses with copies of supporting See ARTICLE 3 (Conditions ❑ 6. invoices and receipts with accompanying back -up of Contribution) of the documentation. Eligible invoices and receipts must Agreement be provided in the amount specified in the Agreement. See ARTICLE 3 (Conditions ❑ T Submit an electronic copy of the Progress Report.. of Contribution) and Schedule D of the Agreement Page 24 of 32 198 Included Required Supporting Documentation Reference Reports* must contain the following language: "(0 200X, The City of Saint. John. All Rights Reserved. The preparation of this sustainable community plan was carried out with assistance from the See ARTICLE 7 Green Municipal :Fund, a Fund financed by (Miscellaneous Provisions) of the Government of Canada and administered the Agreement by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Page 25 of 32 .. SCHEDULE E GMF Reporting Submissions Plan Completion Report and Checklist Please don't hesitate to contact your project officer to receive an electronic copy of the Plan Completion Report template. A copy of°the Final Plan must be submitted at the completion ofthe preparation ofthe Plan, together with the Plan Completion Report. Instructions to complete the Plan Completion Report The objective of asking applicants to submit a Plan Completion Report is simple: to share the story of a connnunity's experience in undertaking the preparation of a sustainable conununity plan with others seeking to address similar issues in their own communities, For this reason, please write the report in plain language that can be understood by people who are not specialists on the subject. A Completion Report is typically in the range of 6 -12 pages, but may be longer or shorter, depending upon the complexity of the Plan. While there is no maximum word count for each section, the most pertinent sections of the report should be given more weight (i.e., Sections 5, 6 and especially 7); some questions provide specific guidelines on desired length (see below). GMF grant recipients must enclose final copies of the Plan Completion. Report and the Final Plan in both hard (paper) and soft (electronic) formats with their final Request for Contribution. The electronic copies of the reports, including all attachments and appendices, must be submitted in Portable Document Format (PDF) with searchable text functionality. Reports that are not clearly identifiable as final reports, such as those displaying headers, footers, titles or watermarks containing terms such as "draft" or "for internal use only" will not be accepted by GMF. Additionally, reports must be dated. If you have questions about completing this report, please consult the GMF Program Guidelines, or GMF staff. Page 26 of 32 200 Plan Completion Report GMF number: Marne of the Recipient: Phone, fax, e -mail, and address of lead contact: Date of the Report: 1. Introduction to the Planning Initiative a. What was the objective in preparing the Plan (i.e., what was the Recipient trying to achieve, and why)? b. How much did the preparation of the Plan cost, and how was it paid for? (Example answer: The preparation of the Plan cost the Recipient $80,000. This was paid 50% through GMF funding and 50% through the municipal operating budget.) c. Roughly how long (in months) did it take to prepare the Plan? (Example answer: The preparation of the Plan took 22 months from initial planning to completion of the Final Plan.) d. How is the Plan related to existing plans, practices, guidelines or policies within the municipality, and how does it contribute to achieving the municipality's sustainability goals? 2. Community Context a. Please provide a brief (five; to six sentences) profile of the community in which the Plan was developed, including population, geographic area, demographics, and general economic conditions. (Note: This information is readily available from the Community Profiles section of the Statistics Canada website at www.statean.ca.) b. Briefly (two to three sentences) indicate the size and structure of the municipal government, and the approximate number of full -time municipal employees. (Example answer 1: A 10- member council including a mayor serving a community of 23,000 people with approximately 575 full - time staff. Volunteer council members serve part time ---mm .e., most have full -tune jobs clsewhere —receive a small honorarium for their services, and have no budget for staff assistance. Example answer 2: A 23- member, ward -based council plus mayor serving on a full -time (i.e., salaried) basis. Each council member has a budget for administrative and ward assistance. Council serves a community of 800,000, assisted by a full -time, professional staff of about 12,,000.) 3. `fhe Planning team: Who Was Involved"? a. Briefly (four to five sentences) indicate who was involved iiin preparing the flan, and their affiliations. Include both municipal staff and officials who managed the preparation of the Plan, and any consultants who worked on the preparation of the Plan (e.g., municipal staff in the Departments of Planning, Public Works, and Health and Safety, an engineering consultant, a representative from a local nongovernmental organization, etc). Page 27 of 32 201 b. If there was a Plan champion, please describe how the champion's input assisted the development of the Plan. Note: A Plan champion is someone (such as a staff member or elected official) whose support was critical to the success of the preparation of the Plan. 4. The Planning Approach a. In plain language, briefly (four to five sentences) explain how the Plan was prepared —that is, what was the approach (or methodology) that was taken to meet the conununity's objectives. b. If applicable, please describe any public consultation process that was used in developing the Plan (e.g. describe items such as how stakeholders were identified and engaged in the preparation of the Plan; the visioning process that was used; any community surveying techniques that were used and so forth). 5. Summary of Planning Outcomes In plain language, briefly (five to six sentences) describe the plan that was prepared from the planning exercise (i.e. was this a plan fox the entire community, or a particular neighbourhood? Was this the first plan of its type? Does it replace and/or complement existing plans? And so forth). b. What sections of your completed Plan (including any appendices or supplementary reporting documents) could be of assistance to other municipalities seeking to prepare a similar plan, or address similar issues? Please provide page numbers of the sections (and titles of the documents, if there is more than one) you identify, and explain why /how you think these sections could be useful to other communities. 6. Environmental, Economic and Social Benefits of the Plan For the questions in this section: If the answer to the question is clearly outlined in the Plan itself, it is sufficient to indicate the section and page number(s) of the Plan on which the information can be found. a. What environmental goals/objectives and targets were established in the Plan? b. What social goals /objectives and targets were established in the Plan? c. What economic goals/objectives and targets were established in the Plan? d. I-low does the municipality intend to reach its environmental, social and economic goals? e. What sort of financial savings (if any) will be realized for the corranunity, as the Plan is implemented? 7. Lessons I.,earned and Knowledge Sharing In answering the questions in this section, please consider all aspects of the preparation of the Plan - from the initial planning through each of the essential tasks until the Plan was completed, Page 28 of 32 202 a. If someone in another municipality were interested in preparing a similar plan, what advice would you have for them, based on your experience with the preparation of this Plan? b. If your municipality were planning to undertake the preparation of this kind of plan again, what (if anything) would you do dijferently (based on your experience with the preparation of this Plan), and why? c. If your municipality were planning to undertake the preparation of this kind of plan again, what (if anything) would you want to do in the scanie way (based on your experience with the preparation of this Plan), and why? d. What barriers /challenges (if any) did your municipality encounter in undertaking the preparation of this Plan, and how were they overcome? e. Do you anticipate any changes to municipal operations, policies or programmes as a result of having prepared this Plan? If so, please describe these changes. f. Is there anything else you have learned, or any other advice you could provide, that would help another municipality interested in preparing a similar Plan, and /or addressing a similar problem? g. Aside from the Final Plan, has your wort: resulted in anything else that could be of use to another municipality (for example, a new policy for sustainable community development, a series of model by -laws, the design of a new operating practice, a public consultation manual that emerged while undertaking the preparation of the Plan, a measurement tool to assess progress in moving towards greater sustainability, and so forth)"? If so, please describe briefly here, and include a copy of the item(s) when submitting this report, so that it can be shared with other communities. 8. Publicity and Outreach a. Has the Plan received any recognition, media coverage, or notable public support"? If so, please describe briefly (three to four sentences). b. Is there a website where more information about the Plan can be found? If so, please provide the web address with links to the relevant section. 9. Next 'Steps a, How will your community be using the Plan (i,e., what happens now that the Plan is finished)? 10. Planning Contacts a. Please provide the name and coordinates (title, full address, phone, fax and ernail) of someone who can be contacted for more information about the Plan. b. In the event the Plan contact is no longer available, please provide general contact information for the lead applicant, such as the administrative office of the municipal department that coordinated the preparation of the Plan, or some other general contact for the Recipient /lead applicant. Page 29 of 32 203 11, Pictures Please submit at least two (or more, if desired) pictures or diagrams that represent or describe the Plan that was prepared. The pictures must be in jpeg or tiff format, at least 300 dpi (dots per inch), and a minimum of two inches square (larger photographs are acceptable). Each picture must be submitted as an individual electronic file (i.e., a separate file from the Plan Completion Report even if the pictures are also included within the body of the report) when the Plan Completion Report is submitted. Page 30 of 32 204 Final Plan Checklist This checklist was designed to help recipients of the Green Municipal Fund ensure that all necessary documentation is foi- warded along with the Request for Contribution. Please submit this COMPLETED CHECKLIST along with the Final Reports. GMF Number: Required Supporting Documentation Name of Recipient: Plan Title: Contact Person: Phone Number: See ARTICLE 3 Email: 1 Included Required Supporting Documentation Reference See ARTICLE 3 0 1 A copy of the Request for Contribution on (Conditions of Contribution) and letterhead with an authorized signature. Schedule B of the A reement See ARTICLE 3 ❑ 2 Evidence to support that the additional Conditions of (Conditions of Contribution) and Part I Contribution as imposed by CMF have been met. of Schedule A, of the Agreement A summary of expenses with copies of supporting See ARTICLE, 3 3 invoices and receipts with accompanying back up (Conditions of documentation. Eligible invoices and receipts must Contribution) of the be provided in the amount specified in the agreement. Agreement ❑ 4 The submission of the Final Reporting Requirements including: See ARTICLE 3 (Conditions of A Submit copies of the Final Plan. Contribution) of the Agreement See ARTICLE 3 (Conditions of 0 B Submit copies of the Plan Completion Report. Contribution) and Schedule E of the Agreement e See ARTICLE 3 i) Proof of council approval of the Final Plan (Conditions of Contribution) of the Agreement See Schedule E of the ii) Reports* must be dated (see note below). Agreement Page 31 of 32 205 Included Required Supporting Documentation Reference Reports* must be labelled as "FINAL" (see note below). Reports* must contain the following language: (see note below). ` Oc 20OX, The City of Saint John. All Rights Reserved. The preparation of this sustainable community plan See ARTICLE i iv) was carried out with assistance from the Green (Miscellaneous Municipal Fund, a Fund financed by the Provisions) of the Government of Canada- and administered by the Agreement Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Forward electronic copy of the reports* (see note ,See Schedule E of the v) below). Electronic files trust be in Word or in PDF format. PDF documents must be searchable PDFs. Agreement Note: Final Plan AND Flan Completion Report. Page 32 of 32 206 M & C 2009 July 29, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Rockwood Park Redevelopment Phase 2 BACKGROUND: MM lffie 1.1t w offiSaink.01m At the March 31, 2008 meeting of Common Council, the City Manager submitted a plan of action for the Redevelopment of Rockwood Park. Based on that plan, Council approved the funding of Phase I Rockwood Park Redevelopment within the 2008 Capital Program and awarded the construction contract for Phase 1 to Debly Enterprises Ltd on March 30, 2009. This initial phase has proceeded successfully and is very near completion. With Council's approval of the 2009 Leisure Services Capital Program, $1,000,000 was allocated for the continuation of the work in the Park, with the expectation that other funding partners would be available. Design work has proceeded and the primary focus of work in Phase 2 will be to define the main entrance to the park by realigning Mount Pleasant Avenue, extending Lake Drive South, and creating two large parking areas (one permanent and the other for overflow parking only). ANALYSIS: At the July 27, 2009 Committee of the Whole meeting, Council received a presentation by the stakeholders of Rockwood Park. It was their request that the City proceed with Phase 2 Redevelopment of Rockwood Park immediately. The most recent estimate of the cost to construct that work is approximately $3,450,000. in addition to the $1,000,000 funding in the 2009 Capital Program, the Saint John Horticultural Association has committed $1,200,000 (see attached letter). Application for additional funding has been made to the Recreational Infrastructure Canada (RInC), however, indications from staff at the Atlantic Canada Opportunities Agency are that this application will not be successful. This leaves a shortfall of approximately $1,250,000 to fund Phase 2 Rockwood Park Reconstruction. 207 While Phase 2 Rockwood Park Redevelopment has been described as a single entity, it in fact can be broken into three smaller projects that could be constructed as complete projects if needed to match available funds. While this is not desired and certain components must be done in a particular order, the attached spreadsheet "Opinion of Probable Cost" does show in the first three projects listed a possible breaking up of Phase 2 works. Full funding for Phase 2 is not currently in place, efforts are underway to acquire additional funding from both the federal and provincial governments. Given the rapidly approaching end to this year's construction season, it is strongly suggested that steps be taken immediately to tender the needed works for Phase 2. This tendering can be done with a basic design that matches the $2,200,000 available and with two optional additions that would be constructed should either the private sector or the other levels of government come forward with funding. RECOMMENDATION: It is recommended that: a) Staff be directed to complete the design and tendering for Phase 2 Rockwood Park Redevelopment b) Such design be structured as one definite project and two possible supplemental projects in the single tender, with provision that construction of each of the supplemental projects is to proceed only if appropriate funding is attained. Respectfully submitted, Berme Morrison Commissioner of Leisure Services Qatrick Woods, CGA Acting City Manager 208 VT wl,u 4 m iJill IMI if r I I Nl � a z 9 � 4 � O f ➢ U Z O JJ r 11 I I I 4 m Ln Lr- ch rl In w vx vs rn clo o c3 ?I m f4 in m o N m m pm O ry a% n o nW m In LD 44 1QA sh N co ch rA In c cn o cn o ri Lt. Go G w N n T p® w co W m w m ca co Le rn �m m ry C t in ce cc WIN, myg,, S 9 ba = w a ew G ao M = 1� w T a m I to -a K to R 45 U- 10 w w — % mL re am 12 MM, TL 1w 's c ja2 i/mg/ w I 4r, 22 E 2 it E E m 3 y w t CL 35 r: cL I I I GEOFFREY spEAR, skipT. tELEFHONE: 657-1773 or BU-4050 160"wmp FAX* 042-OM • • M =,,MmmwAgm Mo T Timor Mot P) t. -1.1,111IIINE Lm I'' IIPI 1�111 1 11111111 111, P Pill III! illirnlil I E�= � • 11 - 1. 211 M& C-2009-210 July 28, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Development of 1671 Sandy Point Road (City Owned Harrigan Lake Property) by North Star Holdings Inc. BACKGROUND: Common Council at its December 8, 2008 meeting considered a report from City staff regarding the potential sale of the City owned property at 1671 Sandy Point Road (Harrigan Lake property) to North Star Holdings Ltd. Council adopted a resolution that deemed the subject property surplus to the City's needs, authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price for a period of up to 100 days, and also allowed North Star to apply for a Municipal Plan and/or Zoning By -law Amendment for the site. The proponent then proceeded to prepare their development plan/rezoning application and submitted to it to Council at its February 16, 2009 meeting. Council referred it to the Planning Advisory Committee for their report and recommendation. The PAC meeting was to be held on March 10'11 with Council holding a Public Hearing on March 16t1' The North Star Holdings proposal was to develop two, six - storey multi - residential condominium buildings, each having 83 dwelling units for a total of 166 Louts on the property. The rezoning application was to rezone the property from "R- lA" One Fan-illy Residential to "RM -2" High Rise Multiple Residential to accommodate the proposed development. Due to the concerns raised by a number of residents and on the advice of Planning staff, North Star Holdings Inc. withdrew their application. Their intent was to revise their proposal then meet with the area residents prior to submission of a new rezoning application. At its meeting of March 16, 2009, Common Council resolved to extend the timeline to deal exclusively with North Star Holdings Ltd. for a period not to exceed August 31, 2009, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the property, whichever is the sooner of the two. The proponent has had a number of conversations with Real Estate Services and Planning staff regarding revisions to their proposal. North Star Holdings Ltd. was amending their plans and proposal in preparation for a meeting with the residents of the surrounding area in the coming weeks. 212 Report to Common Council Page 2 July 28, 2009 At its June 15"' 2009 meeting, another proposal was to be considered by Council involving the development of townhouse units on an adjoining parcel to the Harrigan Lake site. The proponent in this instance was Cavanaugh Homes Ltd. This property is also owned by the City and the proponent was seeking a similar authorization from Council as had been adopted for the Harrigan Lake site. Council resolved to table the proposal until a response was received from the Sandy Point Road Neighbourhood Group. The following meeting held by Council of June 22 "a had the Cavanaugh proposal lifted from the table and a motion was adopted by COuncil placing a moratorium on development in the area of Sandy Point Road, adjacent to Rockwood Park until a new Municipal Plan with public consultation is complete. ANALYSIS: The resolution adopted by Council at its June 22 "a meeting is clear with respect to the Cavanaugh proposal in that it will not be considered until a new Municipal Plan has been adopted. Staff require direction from Council, however, as to whether it was Council's intent to include the North Star Holdings proposal for the Harrigan Lake site within the moratorium given that the proposal had been submitted to Council in December 2008, that that Council authorized the proponent to continue to negotiate exclusively with staff for an agreeable purchase price, and further permitted North Star to seek rezoning. Council's direction to North Star resulted in the proponent spending considerable time, money and resources in formulating their development proposal, including the preparation of plans for the project. As noted in the Background of this report, the proponent was well into the process of seeking approval for their development proposal. This being the case, staff is unsure of whether this proposal falls within the moratorium imposed by Council at its June 22 "a 2009 meeting. If it is Council's intent to continue to work with North Star Holdings Ltd. involving the Harrigan Lake property, it will be necessary to extend the deadline of August 31, 2009 to December 31, 2009 given the work still required to reach a conclusion with respect to their development proposal. RECOMMENDATION: To clarify, staff is requesting that Council adopt one of the two following motions: That Common Council affirm its position adopted December 8, 2008 and again on March 16, 2009 with respect to North Star Holdings Ltd. and extends the time for staff to continue to negotiate a purchase price for the property at civic 41671 Sandy Point Road, being a portion of PID 4418129, along with terms and conditions for an agreement of purchase and sale with North Star Holdings Limited exclusively for a period not to exceed December 213 Report to Common Council July 28, 2009 Page 3 31, 2009, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property, whichever is the sooner of the two; •' 2. That the moratorium on the development of City owned land in the Sandy Point Road area adjacent to Rockwood Park, applies to North Star Holdings Ltd. and the City owned Harrigan Lake property at 1671 Sandy Point Road. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager CL /c 214 9 . : Tm M 8 T.1TT.1 r . •^� 14, , -I R0. z Description of Plan: Sale and Development of City Land for Apartments/ Condominiums. N PID: 418129 (portion of) Address: Civic #1571 Sandy Point Road k (Harrigan Lake Pro e I Pan: N/A Date: November 26, 2008 215 � � � [� � \ � �� ` , w/ Kierstead Holdings Inc. S5 Sutton Road Saint John N.B. E2&8—GY6 July 30, 2009. City of Saint John Common Council Saint John City Hall 15 Market Square Saint John N.B. E21- 41-1 Attention: His VVomhpJFhv Mayor and Council Re: Sandy Point Road Property (P.I.D. 00046557). Fellow Citizens: Please reconsider Councillor Higgins motion of June 22 / 2009 imposing a moratorium on development on property adjacent to Rockwood Park. This moratorium destroys the commercial value of our freehold property and denies our company access to the public Planning Advisory Committee process. Our company has been engaged with Planning and Development negotiating issues leading to a development agreement. Au company representative ] was confident that Planning and Development office has been acting in a manner of good will; negotiating, with the intent to allow a residential development subject to adherence to municipal standards and success in the public planning process. Planning and Development cleady communicated its responsibility for the protection of the enviroment of Rockwood Park and protection of the social capital itrepresents. The moratorium motion is contrary to the intent of millions of dollars of infrastructure investment. The reconstruction of Sandy Pt Road from Tucker Park Road tu Foster Thurston complete with sewer lateral installations to city owned property, the upgrade of the University Ave. pumping station with associated pipe work and, rock breaking nn the Harrington Lake property. The neighbourhood in which Kierstead Holdings Inc intend to execute a development is provisioned by city services other than the leisure and recreational opportunities offered to prospective home buyers by its proximity to Rockwood Park. The reconstruction Sandy Point Road from Jack St. to The Hazen White St. Francis school, with water and sewer infrastructure completed in 2005, City Transit bmooemivo.andthe Anglin St. baseball field. PJmrstad Holdings property (plO. 0AV48557)iaimo Stage 1or preferred development area and therefore its development is consistent with the cost — benefit objectives of the present Municipal plan. Our company and other developers perceive a desire to utilize the recreational opportunities offered by Rockwood Park as a popular trend that invests citizens in the maintenance, safety and security ofthe Park, will provide improved property valuations of existing homeowners, and is a "high value to consumer" method of improving the tax base. | feel this moratorium motion iaa short sited tactic that io ineffective in providing protection to Rockwood Park, is financially imprudent, and diminishes the integrity of the public development planning pmroax. | pledge o willingness hz move from u position uf criticizing anopponent with differing viewpoint, Vo one of sharing iu the creative work of developing our community, ffull 3 b mi 7'�' ;�," Paul Kierst�A. President. Kierstead Holdings Inc. 216 M & C 2009 - 208 July 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT Westgate Park: Drainage and Traffic PURPOSE It Im The purpose of this report is to provide follow -up information from the July 20th, 2009 session of Common Council. Several issues were raised during the Public Hearing for a parcel of land at 43 Downsview Drive. Concerns focused on the existing and future drainage scheme, proposed development, and traffic issues in the Westgate Park area. BACKGROUND Westgate Park is a mature subdivision in the western part of Saint John located in a valley east of Gault Road, situated between Manawagonish Road to the south and Bay Street to the north. Development of Westgate began in 1977 and has continued since then in a generally northerly direction from Manawagonish Road along Westgate Drive and Downsview Drive. The terrain slopes downward from Manawagonish Road to a flatland area at the bottom of Westgate Drive. The natural drainage basin slopes from high land along Manawagonish Road and Gault Road to relatively flat, land in an easterly direction. Westgate Park Subdivision has approximately 275 residential units comprised of single - family, semi- detached dwellings and apartment buildings in this area. Existing storm water collection and conveyance within Westgate Park is mostly through a piped network which eventually discharges through a culvert to existing ditches. The lower parts of the Westgate Park Subdivision approach low lying, marshy flatland to the east. This naturally boggy area receives water during rainfall events, draining slowly over relatively flat topography through natural channels towards a stream and culverts near Glenwood Drive (West Side Estates). The stream eventually crosses Bay Street and discharges into the St. John River. Development in the area has led to a variety of drainage challenges, the most recent of which have raised concerns of homeowners on low lying stretches of Downsview Drive and Acorn Drive. In the course of dealing with these, the limitations in the existing drainage arrangements have become 217 M &C 2009 - 208 Westgate Park: Drainage and Traffic Pale 2 of 4 apparent. High groundwater levels and basement flooding of one property during the September 2008 Hurricane Hanna storm focused attention on the main drainage course leading away from the bottom of Downsview Drive storm water outlet pipes. Development in the low- lying, naturally "boggy" areas to the east of Downsview Drive involves infill and, hence, reduction of natural water retention capacity. The existing land provides retention and a storage area for runoff, and contributes to storm water management by moderating and attenuating downstream flows, reducing downstream flooding and erosion. By altering these natural states, without a comprehensive plan to control storm water flows, development can have detrimental effects on the already low lying developed areas and the downstream system. In addition to drainage and development issues raised at the Public Hearing, residents voiced concerns about traffic; specifically single point of entry /exit access, increased traffic volumes and speeds. The only public street entry /egress for Westgate Park is via Westgate Drive at Manawagonish Road. The easement /service road for water transmission lines under "Pipeline Road West" is not a "public" street nor is it constricted to current City standards. ANALYSIS Storm Drainage Development is a process of changing land forms from a natural or semi - natural state, including alterations of natural drainage and water retention areas. Developers must consider not only how drainage may affect their development but also the effects to adjacent and downstream entities. There will be risk of drainage problems when trying to develop a natural bog or storm water retention area without properly addressing displacement of storm water flows. In conjunction with a Stormwater Management Strategy for the City of Saint John, Council approved a Storm Drainage Design Criteria Manual (SDDCM) on December 8th, 2008. The purpose of the SDDCM is to provide guidance and direction in the design of storm drainage infrastructure within the city. Any proposed development must review and understand the entire catchment area, and the effects that development may have on existing facilities or downstream conditions. There are several options in implementing a storm water management plan; it is the developer's responsibility through their engineering consultant to develop an acceptable plan and implement it in accordance with the SDDCM. The current proposal was to relocate the existing sales office for Harbourfront Residence at Three Sisters condominium development to the lot at 43 Dotirnsvietir for use as a sales office for a temporary period and then conversion to townhouses for the long term. Input provided by Municipal Operations and Engineering commented on the proposal by stating: there are significant storm water drainage issues in this area. Any new development in this area is not supported by this Department. If proceeding frith a development, the developers engineering consultant must ascertain that there irill be no detrimental drainage effects to the proposed development, to any neighboring properties or lots, or that the proposal will contribute to or worsen an already critical drainage issue. Drainage provisions for the most recent development in the area, the Fountains at Westgate, have not been completed in accordance with the approved engineering drawings. Nearly a year of requesting by City staff has yielded only temporary and inadequate drainage measures within the developed 218 M &C 2009 - 208 Westgate Park: Drainage and Traffic Pane 3 of 4 phase. Proper drainage routes still need to be constricted as per the approved engineering plans. This would not only complete that phase of development but would help alleviate a rear lot drainage concern for residents on Downsview Avenue, adjacent to the development. The developer's (engineering consultant) submission (to date) for 43 Downsview Drive is an engineering plan without all the required information and the necessary storm water design brief. The proposed development will likely involve infill and, as such, will result in displacement of more water from a natural retention area. The study must encompass the calculations and identify the limits of a 1 in 100 year storm event and the impact on the property itself, neighbouring homes, and also within and downstream of the catchment area. Depending on its findings, several options may be available; however, development should not proceed until flood risk is duly assessed and a comprehensive action plan is submitted by the developer and accepted by the City. Without acceptable and functional drainage solutions for the catchment area, area residents have legitimate concerns for continued development in this area. Although there is operational maintenance work required, and underway, the responsibility for an acceptable drainage resolution rests with the developer. It should not be the responsibility of the City (at the expense of taxpayers) to work on private lands owned by the developer to "fix" drainage issues related to development of those lands. Part of a drainage solution could include the transfer or acquisition of naturally flood prone land for stormwater detention. Such an approach would help allow natural systems to function — filling during a rainfall event and then slowly draining away. Failure to recognize the role of naturally swampy areas in overall stormwater management can have significant and long -term financial implications for a municipality. Traffic Residents of the subdivision have expressed concerns of the speed and volume of vehicular traffic. Speed is a concern on Downsview Drive as well as on Cullinan Avenue. Higher than acceptable volume on Downsview Drive is also a concern. Increased development in the subdivision is believed by the citizens to be the cause of both these traffic issues. The Transportation Association of Canada (TAC) provides nationally recognized guidelines to manage such neighbourhood traffic concerns. These guidelines assist in clarifying and quantifying issues like these and also suggest effective possible calming measures to mitigate speed or volume issues, if indeed there is a quantifiable problem. City staff has developed an appreciation for the neighbourhood concerns through communication with individual residents and by listening to the presentations made at the July 20th, 2009 Council meeting. Staff will meet with a group of neighbourhood representatives to fully understand the issues so that an appropriate solution can be developed. Staff will also complete a traffic speed and volume survey to quantify the concerns. Individual traffic calming measures need to be considered in the context of the larger traffic system. TAC recommends appropriate analysis before implementing measures to alter the behavior of traffic. Westgate Park subdivision currently has a single public access via Downsview Drive and Westgate Drive to accommodate all traffic, including traffic generated by additional development. Although not currently a public street, Pipeline Road West may offer potential as a second public access. TAC also 219 M &C 2009 - 208 Westgate Park: Drainage and Traffic Pane 4 of 4 provides guidance on traffic volumes that local urban streets should typically handle. The planned volume survey will quantify how much current Westgate Park traffic deviates from this standard. Speed concerns may need to be addressed through implementation of specific traffic calming measures. The planned speed survey will quantify the number of vehicles that are traveling over the 50 KM/H speed limit. Vertical deflections on the road surface, such as Speed Humps, may be a solution if there is a confirmed speed issue. TAC does not recommend the use of "Stop" signs as traffic calming measures as they require Police resources to enforce and can actually cause higher rates of speed between "Stop" signs. Motorists have to do their part by obeying speed limits and other riles of the road. Street Infrastructure The last section of Downsview Drive (Cullinan Place to Pipeline Road West), fronting the proposed development, was not built to standard. It requires fiill reconstruction of the asphalt pavement. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering 220 J. Patrick Woods, CGA Acting City Manager M & C 2009-2231 July 28, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: WATERMAIN CLEANING & LINING PROGRAM PURPOSE It Im The purpose of this report is to update Council on the status of the Watermain Cleaning and Lining Program. BACKGROUND Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build -up of material on the inside wall of the pipe). This build -up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a watermain. On May 23, 2006 (M &C 2006 -18), Council approved the reallocation of $400,000 to initiate implementation of a Watermain Cleaning & Lining Program in 2006. The 2007 Water & Sewerage Utility Fund Capital Program included projects to clean and line 4.6 km of watermain (M &C 2007 -184), and 7.0 km of watermain (M &C 2007 -240). The 2008 Water & Sewerage Utility Fund Capital Program included projects to clean and line 5 km of watermain in Old East Saint John (M &C 2008 -137), and 8 km of watermain in West Saint John (M &C 2008 -260). To date, nearly 25 km of the original estimated 173 km of cast iron watermains have been cleaned and lined. ANALYSIS The 2009 Water & Sewerage Utility Fund Capital Program contains $1,500,000 in funding to clean and line existing unlined cast iron watermains to improve pressure, water quality, and fire flows. Approximately 6 km of unlined cast iron watermains in the lower West Saint John have been identified for cleaning and lining in 2009. Additional sections 221 M & C 2009- 223 July 28, 2009 Page 2 of unlined cast iron pipe that exhibit good structural integrity have been selected for internal cleaning and lining. It is anticipated that this will be an ongoing program for some years to come - until all the candidate pipes are identified and rehabilitated. A plan of the City showing the proposed progression of the watermain cleaning and lining program is attached to this report. This is an important and positive initiative for Saint John Water, one that will have a major impact on improving water quality and fire flows in neighbourhoods across the city. RECOMMENDATION It is recommended that Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 222 J. Patrick Woods, C.G.A. Acting City Manager 1 mz g$8 8p�mo$ ZRea0 C��9 ,T,aa - ma °`"g" s IOW �7W 8E WS€'e 's � W f. III o [::I o G 3 loom �w 0 s 1 IG R ,l w s o July 28, 2009 M &C2009 -215 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: SIGNALIZED INTERSECTION IMPROVEMENTS (2009 -2010) BACKGROUND It Im Installation of traffic signals at intersections and upgrades to existing signal systems improve the flow of motorized and pedestrian traffic. When installed in warranted locations they can improve safety, define right -of -way for vehicles and pedestrians, reduce delay time for these forms of transportation, and can improve functionality of the greater transportation network, including reducing traffic volume on other more residential streets. Emphasis on improving the accessibility of the transportation system to pedestrians of all abilities is growing as guided by one of the community's 20 year goals of serving "the access and mobility needs of all people ". Key improvements for pedestrians include installing safer pedestrian crossings, installing Accessible Pedestrian Systems (APS) for the Low Vision community, and installing access ramps where sidewalks meet the roadway at crosswalks. Recent, current, and fiiture improvements to the transportation network, including signalization of intersections, will be guided by this principle as will be seen in this report. ANALYSIS Staff has developed a plan for signalizing intersections and improving existing systems in 2009 and 2010 based on consultation with the community and determined opportunities to improve traffic flow. The plan includes: Signalization of Main Street North and Adelaide Street Staff s plan to fidly signalize this intersection was initiated by community input. The surrounding neighbourhood had requested a safer pedestrian crossing of Main Street North in the vicinity of Douglas Avenue as well as attention to traffic speed on Main Street North. The Main/Douglas intersection is too close to the signalized Main and Chesley intersection. A safer crossing at Main and Adelaide is a better choice and still achieves similar improved pedestrian access. The planned improvements will also slow vehicle speed on Main Street North when there is a Red light. 224 M & C 2009 -215 July 28, 2009 Page 2 Queuing on the Adelaide Street approach to the intersection is currently long at times. The planned signal installation is believed to reduce this queuing. In addition to improving vehicle traffic flow for the Main /Adelaide access route to the North End of the City, the improvement is also believed to reduce traffic volume on the more residential sections of Main Street North, Bridge Street and Spar Cove Road; vehicles currently use this route as a shortcut potentially to avoid the queue on Adelaide at Main. An APS system will also be installed at this intersection for the Low Vision community. Pedestrian Crossing of Millidge Avenue at Hill Heights Millidge Avenue serves as a collector street in the Millidgeville area and nuns between neighbourhoods. Community requests to improve pedestrian access across Millidge Avenue have been received by staff, particularly in the vicinity of M. Gerald Teed School. Staff agrees an improved pedestrian crossing is needed. A Pedestrian Signal crossing of Millidge Avenue at Hill Heights is currently being installed. Installation will include three- section Red -Amber -Green signal heads on Millidge Avenue, Stop sign control from Hill Heights, standard pedestrian "Walk /Don't Walk" signals and push buttons at either end of the crossing. The lights on Millidge Avenue will turn Red when a pedestrian pushes the button to cross. The decision to locate the crossing at Hill Heights was made for several reasons. The crossing is close to a school (M. Gerald Teed) and a church. The crossing connects a sidewalk on the west side of Millidge to one on Hill Heights. The crossing is approximately half - distance between another signalized crossing at Millidge /University Avenue and the dead end of Millidge. Slip -Lane Installation and APS at Westmorland and Consumers Installation of a slip lane for right turn movements from Consumers Drive to Westmorland Road will improve vehicular flow at this existing signalized intersection. Currently a single lane accommodates both through and right turn movements, which causes queuing. The slip lane will permit vehicles turning right to do so without waiting for the through movement. The local CNIB office has indicated this intersection is a high priority request for APS installation. This improvement is planned to occur with the slip lane installation, which will be designed within the 2009 General Fund Capital Program and may be constricted in 2009 or 2010. Signalization at McAllister and Mountain View Full signalization of this intersection to improve vehicular flow from Mountainview Drive will occur in 2009 or 2010. This project is being designed under the 2009 General Fund Capital Program. 225 M & C 2009 -215 July 28, 2009 Page 3 Access Improvements at Rothesay Avenue and Broadway Means of improving access to Broadway Avenue and Ritchie's at this intersection is being investigated under the 2009 General Fund Capital Program. The addition of a fifth lane on Rothesay Avenue to permit advanced left -turn movements may be required; however other options will be investigated. Staff is also investigating measures to slow traffic speed on Rothesay Avenue in the vicinity of this intersection. APS Upgrades at other Intersections Staff has continued its cooperation with the local CNIB branch to improve access to the pedestrian system for the Low Vision community, including prioritization of upgrades to existing signalized intersections with Accessible Pedestrian Systems. Besides the prior - mentioned planned improvement at the Westmorland /Consumers intersection, APS upgrades at other intersections to be completed between 2009 and 2010 include: • Main Street West and Church Avenue • Hilyard Street at Simonds Street • Somerset Street at Superstore • Union Street at Waterloo Street • Union Street at Coburg Street Union Street Signal Improvements Union Street is an important collector street for vehicular traffic and also serves many pedestrians in the uptown area. In 2008 the intersection of Union and Carmarthen was signalized, a signalized pedestrian crossing was moved from Wentworth to Pitt and the signals at several Union Street intersections were coordinated for improved traffic flow. Improvements are continuing in 2009 into 2010 with the planned signalization of Union, Wellington Row and Germain Street for improved vehicle and pedestrian access as well improvements at the Union and St. Patrick intersection. Fairville Boulevard Improvements Simms Corner upgrades will significantly improve vehicular flow in the area. Improvements to Fairville Boulevard intersections at Harding and at Catherwood are being completed in 2009 in advance of the larger Simms Corner upgrades. Alignment of Rothesay Avenue /Ashburn/Retail Alignment of Ashburn Road to Retail Drive at Rothesay Avenue will improve vehicular flow on all three streets. Staff is currently in the design and land acquisition stages of the project. A project will be recommended in a future General Fund Capital Program to initiate the constriction, with consideration for the priority of other Capital projects. 226 M & C 2009 -215 July 28, 2009 Page 4 Vehicle and Pedestrian Access Improvement on Rothesay Avenue Rothesay Avenue between Ashburn Road and Russell Street is a busy and long stretch of City street. Staff has received input from business that access onto this street is difficult. Staff is also aware there are no pedestrian crossings in this street section. Staff has engaged a traffic engineering consultant to identify the warrant and best location for a set of signals and expects at this time to complete installation in 2010 at a location to be determined. Improvements to the Rothesay Avenue and Rothesay Road Intersection Staff is aware of significant queuing that forms on the Rothesay Avenue approach to the intersection of Rothesay Avenue and Rothesay Road. Discussion with the Department of Transportation is planned as well as investigation of means to reduce these queues. One option is to signalize this intersection. Improvements to the Grandview and Bayside Intersection Vehicular traffic has increased at the intersection of Grandview Avenue and Bayside Drive resulting in increased queuing times. A project to increase the efficiency of this existing signalized intersection is currently in the design stage and will be recommended to a future General Fund Capital Program to initiate constriction, with consideration for the priority of other Capital projects. RECOMMENDATION Staff recommends that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 227 J. Patrick Woods, CGA Acting City Manager --- ------ ---- li�J� M, REPORT TO COMMON COUNCIL M & C — 2009 - 225 July 29, 2009 His Worship Mayor Ivan Court and Members of Conunon Council Your Worship and Councillors: ME The City of Saint To] imi SUBJECT: 2009 Interim Financial Results BACKGROUND: The purpose of this report is to present the preliminary projections of the City's financial operations for the year ended December 31, 2009 based on actual operating results as of April 30th. Staff of the Finance department met with the Finance Committee on July 13th to review these preliminary results. RECOMMENDATION: This report be received and filed. 228 July 13, 2009 Finance Committee Report RE: April 2009 Interim Financial Results The purpose of this report is to present projections of the City's financial operations for the period ended December 31, 2009 based on actual operating results as of April 30 for the General and Water Funds. The Finance Department provides all operating departments with detailed financial reports on a monthly basis except for January. Reports are reviewed each month and Departments are to report back to Finance on their analysis for April, August and yearend on any significant variances from budget to date and for April and August, a projection of where they expect to be at year-end. From the information completed by Departments, the finance department reviews and reports the results to the Finance Committee and ultimately Common Council as follows: Reporting Period Cut-off Date Report to Council Winter Season �Aril 30 June /July Summer Season August 31 October/November Year-end December 31 March/April ANALYSIS of the General Fund: At the end of April the City's actual revenues were $42,120,651 which represents approximately 33.6% of the total budget for the year. The expenditures totaled $36,135,948 which represents slightly more than 28.4% of the total budgeted expenditures for the year. At the end of April the actual results showed a positive variance of $5,984,703. This major variance was predominately a result of a timing issue with fiscal charges. It is important to note that at the end of April a number of items had not yet been recorded such as a contract settlement, filling of some vacant positions and a number of timing issues between when purchases and expenditures were budgeted for and when they actually occurred. At this time it is not possible to say with certainty what the results for the year will be. Based on the results of the reports presented to the Finance Department for the period ended April 30, 2009 along with departmental projections to December 31, 2009 the most reasonable estimate is that the City will be over budget by $300,000- 400,000. 229 Report to Finance Committee — April 2009 Interim Financial Results Page 2 This projection is based on the following areas of note: Revenues are projected to be $ 400,000 under budget or 0.3% of budget. This is primarily attributed to building permit revenues lower in April of this year than last year, interest rates being lower than anticipated and parking violation revenue being lower. It is possible that these areas could increase their revenue generation by yearend. On the expenditure side of the equation we are currently anticipating expenditures to be on budget overall. There are some areas where you will see some major variances. These include: - Winter Snow Control — this past winter, salt and sand usage was up due to the winter conditions we experienced as was the use of equipment and staffing in conjunction with this. This area could be over budget by approximately $1,240,000. - Wage costs are estimated to be under spent overall by more $1,400,000 but the settlement of the Fire contract could effect this assumption. This takes into effect the recent settlement with City Manager, zero wage increase for Managers and reported vacancies. - This does not factor in two larger areas of funding: the Police Commission and Saint John Transit. Both these Commissions report back to Council on their operating results There are some service areas where the budget is projecting to be under budget. These areas include: Leisure Services by $165,000 and PSCC by $400,000 because of staffing vacancies and Fiscal Charges by $500,000 because the City borrowed less than budgeted due to later timing of some capital work. ANALYSIS of the Saint John Water: At the end of April, Saint John Water's actual revenue was $13,255,690 which represents approximately 39.9% of the total budget for the year. The expenditures totaled $5,578,594 which represents slightly less than 16.8 %® of the total budgeted expenditures for the year. At the end of April the actual expenditures were approximately $7,677,096 under revenues. This large variance at this point in time is a result of the way Water and Sewer is billed (Flat rates twice a year) and the budget allocation for the fiscal charges. Based on the reports presented to the Finance Department for the period ended April 30, 2009 the year end departmental projections would estimate Saint John Water will be over budget by approximately $300,000-400,000. 230 Report to Finance Committee— April 2009 Interim Financial Results Page 3 This projection is based on the following areas of note at this time, Revenues are projected to be under budget $500,000 or approximately 1.5% on total anticipated revenues of $33,217,735. This amount is based on a projection of the current amount of metered revenue being generated. It should be understood that this amount is a projection and is based on past consumption. Some more detailed analysis is required. A better projection for Saint John Water should be reflected in the August results. On the expenditure side of the equation we are currently anticipating an under expenditure of approximately $100,000. The main components of this include: - There are some positions in Saint John Water that are vacant. The wage freeze also accounts for some of this surplus. - Chlorine and fluoride cost will be decreased as work continues on some lines and facilities. - Fiscal services will be reduced as the need to borrow in 2009 may not be as great as was originally anticipated when the budget was created due to timing of the capital work. It is recommended that thi report be received and filed. Respectfully subm' ed, Grego e ans, CGA, MBA Co io r of Finance 231 July 27, 2009 Deputy Mayor and Councillors, Subject: 2008 Audited Financial Statements The Committee of the Whole having; net on July 27, 2009, makes the following recommendation: That the submitted audited 2008 financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds, be approved. Sincerely, Ivan Court Mayor SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca I C.P. 1971 5aintJohn, N. -B. Canada E2L4L1 232 July 13, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: 2008 Audited Financial Statements The 2008 audited financial statements for the following funds will be presented to Common Council on July 27th, 2009: 1. City of Saint John General Fund 2. City of Saint John Water and Sewerage Utility 3. City of Saint John Reserve and Trust Funds Ernst & Young have audited these financial statements and their Auditor's Report is attached to each set of statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. As in previous years, it is suggested that questions relating to the operating results or financial position of the General Fund, the Utility or the Reserve and Trust Funds be directed to the Commissioner of Finance, Mr. Yeomans. This procedure will recognize management's responsibility for the finances of the City and the preparation of the financial statements. Your Finance Committee reviewed the financial statements with Finance Department staff and Ernst & Young representatives on June 29th, 2009. Upon completion of the presentation of these statements I will move the following motion: That the audited financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds for the year ended December 31, 2008 be approved as presented. Respectfully submitted, Deputy Mayor Stephen Chase Chair Finance Committee �II AI N ' pt i4 IN P.O. Box 1971 Saint John, NIB Canada E21-40 1 wwwsainqohn.ca � C.P. 1971 Saint John, N.-B. Canada E2L 41.1 233 2008 OPERATING HIGHLIGHTS THE CITY OF SAINT JOHN GENERAL FUND AND THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY OVERVIEW The General Fund realized a surplus for the year ended December 31, 2008 of $382,488 based on total revenues of $118,744,414 and total expenditures of $118,361,926. Revenues Expenditures Surplus Budget $116,644,755 $116,644,755 $ 0 Actual $118,744,414 $118,361,926 $ 382,488 Variance $ 2,099,659 $ (1,717,171) $ 382,488 The Water and Sewerage Utility incurred a deficit for the year ended December 31, 2008 of $117,833 on revenues of $28,714,858 and excess revenue from previous years of $113,659 versus expenditures of $28,946,350. Revenues Expenditures Excess revenue previous years Surplus Budget $ 29,733,124 $ 29,846,783 $ (113,659) $ 0 Actual $ 28,714,858 $ 28, 946, 350 $ (113,659) $ (117,833) 234 Variance $ (1,018,266) $ 900,433 $ 0 $ (117,833) 2008 Operating Highlights GENERALFUND Revenue Analysis The primary items that contributed to the positive revenue variance of $2,099,659 for the year ended December 31, 2008 include the following: - Building permit revenue of $1,707,849 (2007 - $1,424,175) versus a budget of $1,000,000 for a positive variance of $ 707,849; - Short-term interest revenue of $667,129 (2007 - $853,363) versus a budget of $250,000 for a positive variance of $417,129; - Miscellaneous revenue of $1,496,827 (2007 - $9,145,474) versus a budget of $788,839 for a positive variance of $707,988. The total positive variance for these three revenue areas is $1,832,966 or 87.3% of the total revenue variance. While this analysis explains the revenue items that contributed to the surplus it is important to not lose sight of the fact that the major sources of revenue for the General Fund are property taxes and the Unconditional Grant. Property tax revenue in 2008 was $90,624,562 (2007 - $84,246,996) or 76.3% of total revenues collected. The unconditional grant received in 2008 was $19,499,823 (2007 - $19,117,473) which represented 16.4% of total revenue. The combined total of Property Taxes and Unconditional Grant for 2008 was $110,124,385 (2007 - $103,364,469) or 92.7% of total revenues collected by the General Fund. Expenditure Analysis In terms of the expenditure analysis there were both positive and negative variances in virtually all budgets that impacted the 2008 General Fund operating results. As outlined above expenditures for the General Fund were $1,717,171 more than budgeted. The following areas were over spent in comparison to budget resulting in negative variances for 2008: Saint John Police Commission expenditures of $21,214,898 (2007 - $18,975,273) versus a budget of $20,063,849 a negative variance of $1,151,049. A portion of this variance $219,000 would be offset by recoveries for funds received and credited to miscellaneous revenue; 2 235 2008 Operating Highlights Expenditure Analysis (continued) - Saint John Transit Commission 2008 funding of $4,129,712 (2007 - $3,436,818) versus a budget of $3,519,925 a negative variance of $692,894; - Transportation Services 2008 expenditures of $19,515,503 (2007 - $16,936,629) versus a budget of $18,571,555 a negative variance of $944,148; - Environmental Health Services (solid waste collection) expenditures of $4,020,851 (2007 — $3,151,196) versus a budget of $3,624,979 a negative variance of $395,872; - Fiscal charges with expenditures of $16,573,226 (2007 — $17,673,536) versus a budget of $16,284,270 a negative variance of $288,956. The following expenditure areas were under spent in comparison to budget resulting in positive variances for 2008: - Public Safety Communication Centre with expenditures of $1,666,060 (2007 - $1,891,394) versus a budget of $2,062,840 a positive variance of $396,780; - Information Systems and Support had expenditures of $1,628,199 (2007 — $1,815,109) versus a budget of $2,018,794 a positive variance of $390,595; - Market Square Common Area costs in the amount of $1,769,228 (2007 - $1,787,105) versus a budget of $2,078,407 a positive variance of $309,179; - Fire Department with expenditures of $19,254,186 (2007 - $17,997,331) versus a budget of $19,440,419 a positive variance of $186,233; - The Tourism Department had expenditures of $894,626 (2007 - $911,478) versus a budget of $1,035,218 a positive variance of $140,592; - General Administrative expenditures totaled $ #2,501,823 (2007 - $2,425,525) versus a budget of $2,608,137 a positive variance of $106,314. 91 236 2008 Operating Highlights There are other key points that should be discussed in terms of these Financial Statements. The first one is the amount of debenture debt outstanding at the end of 2008. The total was $58,726,600 (2007 - $52,390,700) which represents an increase of $6,335,900 compared to 2007. Debentures were issued in 2008 in the amount of $14,000,000 (2007 - $5,700,000). Principal repayments on debentures in 2008 were $7,737,670 (2007 - $8,177,628). The driver of the debenture borrowings is funding for the capital program. In 2008 the City of Saint John General Fund invested $27,107,570 in capital assets (2007 - $21,773,499). Another key item is the Pension Plan and the status of its funding. The last actuarial valuation was completed at December 31, 2006 and resulted in an unfunded liability on a going concern basis of $31,014,900. The 2006 valuation has been updated by extrapolation for year -end 2008 and the results indicate an unfunded liability on a going concern basis of $150,573,229. The details of this extrapolation are included in the Notes to Financial Statements, note 4.13. Pension Plan Actuarial Information page 13 in the General Fund draft Financial Statements. WATER & SEWERAGE UTILITY As stated in the overview at the beginning of this report the Water & Sewerage Utility had a deficit for the year ended December 31, 2008 of $117,833 (2007 - $407,346). Total revenue generated from utility customers in 2008 was $25,943,716 (2007 $26,269,058) versus a budget of $26,865,001 a negative variance of $921,285. Two other sources of revenue come from charges to the General Fund for Water Supply for Fire Protection and a charge for Storm Sewer. These charges are based on costs incurred by the Utility and have been determined using calculations provided in the Business Plan review completed in 2002. The revenue for the Water Supply for Fire Protection in 2008 was $1,853,126 (2007 - $1,909,618) versus a budget of $1,882,000 a negative variance of $28,874. The Storm Sewer revenue was $918,016 (2007 - $962,024) versus a budget of $986,123 a negative variance of $68,107. 4 237 2008 Operating Highlights The shortfall in revenues was offset for the most part by savings in total expenses and fiscal services of $900,433. The operating expenses for 2008 were $17,415,447 (2007 - $16,787,368) versus a budget of $17,311,931 a negative variance of $103,516. Fiscal charges in 2008 were $11,530,903 (2007 - $12,823,023) versus a budget of $12,534,853 a positive variance of $1,003,950 a result of the Utility issuing less debenture debt than anticipated. As with the General Fund the other key points that should be discussed in terms of these Financial Statements are debenture debt and investment in capital assets. The debenture debt outstanding at the end of 2008 was $45,504,000 (2007 - $45,307,000) which represents an increase of $197,000 compared to 2007. Debentures were issued in 2008 in the amount of $6,000,000 (2007 - $7,000,000). Principal repayments on debentures in 2008 were $5,803,000 (2007 - $5,962,000). The driver of the debenture borrowings for the Utility is the same as for the General Fund, funding for the capital program. In 2008 the Saint John Water invested $10,148,961 in capital assets (2007 - $12,915,284). CONCLUSION For the year ended December 31, 2008 The City of Saint John General Fund realized a surplus of $382,488 and Saint John Water experienced a deficit of $117,833. Staff, working with Common Council, will continue to monitor our operating results with a view to controlling costs as well as looking for new ways to generate revenues as we strive to provide citizens and ratepayers with the services they require at the best possible value. F 238 FINANCIAL STATEMENTS „%;;;, 239 CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and Operating Fund Statement of Equity Capital and Loan Fund Balance Sheet Capital and Loan Fund Statement of Eqa Statement of Source and Application of Notes to Financial Statements Operating Fund Schedule of Operating Fund 240 Pgge 1 2 3 4 5 6 7 8 -17 18 -19 20 -25 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the ( The City of Saint John General Fund statements of revenue and expenses, eq financing for the year then ended. The�c comply with Section 8 of the Control o�1v� financial statements are the responsibili, is to express an opinion on these financial "s� We conducted our audit in accordance standards. Those standards require that reasonable assurance whether the financial An audit includes examining, on a,tV.1 disclosures in the financial statemeni �r ari principles used and significant estunates mt overall financial statement nresdhtat on. In our opinion, these financials financial position of The.,-City df5. and the results of its operatdns and the year then ended in ccordance these financial statements.,", atmg" d e apital and Loan Fund of 1..,. p at !!r 2008 and the related . and' application of capital racial a been prepared to ipali fife runswxcic. These �Ctty snag f;.; �ptsibility ents`iased on our ily accepted auditing i an audit to obtain naterial misstatement. P g the amounts and sing the accounting well as evaluating the ul;' hr all material respects, the Yumd as at December 31, 2008 ilicatk)n of its capital financing for accounting described in note 1 to These financial statements, which have not been, and were not intended to be, prepared m accordance with CanAdian generally accepted accounting principles, are solely for the tnformAora,and use of His Warship The Mayor and Members of Common Council of `The :City of,Siin John, and the nister of Local Government of the Province of New Brunswick;�-and arm not mtend&d b5 ba and should not be used for any other purpose. They have been p�r�pafed to, and" do, comply with Section 8 of the Control of Municipalities Act" df1u.Brunswick. Chartered Accountants 241 The City of Saint John General Fund OPERATING FUND BALANCE SHEET As at December 31 2008 2007 PaeY ASSETS 'Vi % i j UPIi/ Cash and short term deposits Accounts receivable p 9,824570 16,077122 Due from associated entities fy /1� /J a , Water and Sewerage a ad�`�,,,'ti ,2 876�� „� 8 a A ital and Loan � 1s,� I483,348 i Water and Sewerage Utility Operating .lttJ; �% Nl, 3,79(r;7o„ , ' - 5 General Capital and Loan Fund ��%� �1' p i,�y � �� 91 �'�' 8,362,829 "' 1 610 254 r r , City of Saint John - Pension Fund '' , 11 '� U�� Saint John Non Profit Housing Inc. �d �, 350 600 Inventory of materials and supplies, a, 1,41RIN �rt�ia lower of cost and replacement co � � p x' / %/ X7,177 841,780 ] 4 Deferred expense - Pension (nor � o ,,�� „7- �iy$ "41,587 6,455,450 Prepaid expenses �; jI '��,, � 851,190 439,908 LIABILITIES AND 14 Accounts payable and 10 Other payables [not '0 Interest payable on Due to associated, Saint John P -' t Power Comob c Harbour Station ;Hh "T'he Citv of Saint J3h Computer replacement i Fleet replacement fund 11 Lon -term debt notc�3 h A t ''n,' 4, - Equity f„ See accompril Approved by Mayor debt City of Saint John Fund 242 13,264,924 10,3 88,856 7,197,336 6,636,450 555,601 640,819 4,281,518 4,050,614 12,259 12,259 22,021 22,021 - 146,650 316,460 356,818 - 9,568,929 650,962 746,483 733,164 869,544 1,022,485 198,410 6,720,000 8,400,000 34,776,730 42,037,853 313,193 988,603 35,089,923 43,026,456 Chair of Finance Committee 2 The City of Saint John General Fund OPERATING FUND STATEMENT OF REVENUE AND EXPENSES As at December 31 Budget Actual 2008 2008 Unaudited IU ,, !, Penn Actual 2007 REVENUE Property taxes ju�90,624,562 ? 90,624,562 84 246,996 Unconditional grant i o t Province of New Brunswick 19,499;823 19, ,9,117,473 18 Sale of goods and services 1-044;50 yF 1,101, 989,038 19 Other revenue from own sources �4,47,331 5,735,950 5,725,015 19 Conditional grants from other governments 25D,000 y - 285,635 315,404 Miscellaneous revenue .� ��_ : 88 839 1), 4if 827 1,145,474 Total revenues 1^144,414 111,539,440 EXPENSES 20 General government services �" ,� -, 10,592,508 10,068,656 21 Protective services ! , �' °' t ��% f� 45,799,875 42,210,533 22 Transportation services 25,128,391 22,002,121 Environmental heal ices °' l "�� 3,624, 4,020,851 3,151,196 23 Environmental dev services , `h'�*,9 8 9,327 936 9,095,870 f: 24 Recreational and c services 7,977,037 7,340,845 !' ?. 25 Fiscal services ` 0 16,573,226 17 673,536 If, k > 4 Excess of (reVfnijiW nses second previou�yti�,'.,� (1,057,898) (1,057,898) 65,935 : '.- Total expensel ".1is AlU rviees 116,644,755 118361,926 111.608.692 243 K The City of Saint John General Fund OPERATING FUND STATEMENT OF EQUITY Year ended December 31 2607 Equity, beginning of year 988 603 991,960 Add: V , 3 Excess of revenues over expenses �f ( expenses over revenues) for the Year � MAU. v� + +.. ,, (69.292) Add: 3 Excess of (revenues over expenses) 935 2 Equity, end of year 313.193 988.603 r'! 244 The City of Saint John General Fund CAPITAL AND LOAN FUND BALANCE SHEET As at December 31 2007 S ASSETSZ� Due from associated entities i� Water and Sewerage Operating Fund 17,326 Saint John Parking Commission Saint John Transit Commission n,,1 119;93 "U 17,326 Investments in shares of wholly owned company," ' V1 Saint John Industrial Parks Ltd., at cost �' r;' �9� 994 994 12 Land, buildings, plant and equipment engineering structures fnote 3 3;916 418,226 346 %Y '145;454,833 418,244,666 LIABILITIES AND EQUP, I 1 Debenture debt [note 3] 11 Other long -term debt (note 3 Saint John Parking b olkmis Deferred contribut Due to associated s 2 GeneralOperv&A Water and S&' -! ity Capital 245 58,726,600 52,390,700 220,710 294,280 2,052,206 276,457 8,362,829 1,610,254 - 1,253,713 - 2.894.194 69,362,345 58,719,598 41 Chair of Finance Committee 5 The City of Saint John General Fund CAPITAL AND LOAN FUND STATEMENT OF EQUITY As at December 31 Equi beginning of year Debt repaid by the General Operating Debenture debt Canada Mortgage and Housing Corp Saint John Parkine Commission Proceeds of land sales in em Capital projects financed by Operating Fund Fixed assets purcas _th General rating 5 Equity. end See accompanyiw n6 W i "P, 246 382,499 87,123 ,132,113 500,241 2,717,589 2,841,918 0 The City of Saint John General Fund STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Actual Actual 2008 2007 Source Bond Issue 00 5,700,000 Contributions in aid of construction Federal Government 98,151 Provincial Government 973,985 "I"' A, Other 0# 3,595,79G 401,850 Fixed assets purchased by the General Operating F6`A4A,,, '3 2 717,589 2,841,918 Capital projects financed by the General Operating find 1w, 1,132,113 500,241 Proceeds on land sales in excess of estimated =m lip r 2,499 87,123 Debt repaid by the General Operating Fu Fu 7,670 YIN 8,177,628 I Increase in amount due to the General 2,575 4,809,523 Increase in amount due to Water an of, 1, u^o Utility Capital and Loan Fund 1 184 355 ,, Deferred contributions 1,775,749 276,457 EA 43,348,579 35,251,231 Application Z1� P Ap", Capital expenditures 21,773,499 Debt repayment 7,737,670 8.177,628 Increase in amounts u 6ciated entities 102,597 972,720 Decrease an= g/maunt due v werage 14Loan 1,253,713 , ` 66cr&ase 1 IV W0 0 associat 2,894,194 - tontribut ion !JA Transit Co !AJssjon 4,252,535 4,3273 84 43348.579 35.251.231 247 r1 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 1. ACCOUNTING POLICIES These financial statements have been accounting principles prescribed for of Local Government. Financial statement presentation The General Fund financial prepared in accordance with the City's working capital reflects its investment in.fixe Fixed assets and to the Saint John (the "City ") have been ing The Operating Fund reflects ,# -the Capital and Loan Fund = -term debt. ro�ded at cost. Funds received through capital assistance Ff f� 0�1 a "I'll, 1 loan forgiveness are treated as additions to , except �vlere the asset was acquired under the Urban Renewal the funds received are netted against the asset cost. lepreciation on its fixed assets, but an amount equal to annual to operations and credited to equity in capital assets. The City The City follows the accrual method of accounting for revenue and expenses. 8 248 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 1. ACCOUNTING POLICIES (continued) Accounting for second previous year's Section 89 of the Municipalities Act revenue over expenses for a fiscal year be i and that similarly, the excess of expenses expenses in the second ensuing year. .Accounting estimates principles requires reported amounts of 'econaresistang year year be included in r ith generally accepted accounting and assumptions that affect the of the financial statements and the expenses during the reporting periods. Actual results City's financial instruments other than Iong -term debt of their short -term maturity and normal credit terms. do not represent significant concentration of credit risk are owed by a large number of ratepayers on nom 249 9 The City of saint John General Fund December 31, 2008 Heart and lung liability Vacation pay Retirement allowance fy 2008 2007 ` s s '0 000 1,950 2 14,500 The City pays certain amounts to disabled spouses as a result of the eye ��far provisions of an Act of the Le shillur r rtt as the Act. An actuarial �' /�rw /aiD w. w� �o r'. =• review of this plan was coniple r �� er 31, 20 a estimated actuarial + r� , ° P. � �i n?i JAY A present value of benefits at I c� r 3I, r "�� 9,00 , This review only covers current claimants and does 1 de I e f The City has Employees uponrrdtomerlt rrf�, ✓hu allowance equal to 2Sne'mo% from the City of iiint John are entitled to a retirement pay ti's Tray, to a maximum of six months, for every five years of eenraended to provide certain employees with a payout tpept�ng the early payout option eliminates further lowarihe entitlement for those employees. after June 1, 1998; and Management employees hired after gible for retirement allowance, now or in the future. These the Local 18 collective bargaining agreement and the and conditions of employment. 250 10 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 3. DEBENTURE AND OTHER LONG -TERM DEBT Debentures consist of the following: i� ;i� err Term 2008 2007 rate', %/ Year of Interest iy Texm , � „ ��/'3Qi18 2007 ,/ Issue Rate �3Cears ,„ ,B�laki f{ Balance / N ti yr,fl 1l I 1998 5.2500 to 5.6250 4" �� f lU� " F ' 10„ " - ii '729,500 1999 5.2000 to 5.7500 ,' 2_1 'fig 862,�QO!/ 41' V1,11,131,11 1,731,200 2000 6.1Q00 to 6.4000 1,328,000 10 ��'�rt 1,992,000 2001 2.4500 to 5.50000 f 1,515,000 2,020,000 2002 3.3750 to 5.7500 m I O ''��ai �'''3 2$4 000 3,980,000 2003 3.0500 to ' 5,670,000 6,604,000 2003 2.7500 to 5125p 2y970,000 3,564,000 2004 2.7500 t(�4'8fb Ali , "� r 8,662,000 9,449,000 2005 ,O 3.7500 4.3750 to �� f f if%,"A s y , , / 5,681,000 6 154 000 , 2006 4.1500t6AA500 I0 ��, %, � 9,534,000 10,267,000 2007 4 500 to4.8500 �' �, �y % „'' 10 �� 5,320,000 5,700,000 2008 3 306 4.8500 At r � r "��k � 1Q '� f `;� 8,500,000 - y�to @ % 2008 2,100 to 5.5500 < %,,ISf -," 5 00 000 - Debenture Debt ��„ �l F Z. 11 '`' %i, / %; "` 58,726,600 52,390,700 0 Other long -term debt 6601 sis G# thqfoIlowing: �' / Y ui , ,; Interest' Term 2008 2007 rate', %/ Years Balance Balance k 2007 ' t , ,� °" 4.36 5 6,720,000 8,400,000 ,;,Province of New Brunswick: 2.75 7 220,710 294,280 -Salat'Iahu Parkini6ifimission Other long4e rm'debt 6,940,710 8,694,280 11 251 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 3. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments re uuid -O' teat g ;,the next five years is as follows: t, '� k 2009 r �� -. 9C7A117o 2010ri,Mr4 ;, , ' 8,753`,5 �U 2011 �J e,�p � 8,089,5 b 2012 0 • ��t, 7,511,000 f 2013 `?,Q35,000 Fixed assets include $17,769,941 (2 �9 )7 d 70) for�hkh; Wancing has not been arranged at year end, 4. PENSION PLAN 1� r A. OVERVIEW -p, The City provides � � d irmt °� p ee i accordance with the provisions of tm the revised City of mri�t dhn 1 e�sr� �;d t Acted on May 12, 1994 and last amended onufir�l,2 �O1 The 1s k�ristered by a Board of Trustees, representing �Co � f y�.�; uinie�l.l, rrwana erne ; unionized employees and retired employees. irilt Cr the plan was governed by The City of Saint John Pension Act, 1970. abject to the provisions of the New Brunswick Pension B! ppoz�sActwhich be ,jainuary 1, 1992. The'plan, is`'a defined benefit " irchu provides for pensions based on length of service and ra taf.pay „Both Navy 1mic�ipality and the employees make contributions to the plan. T ity ;s. contribution limits are fixed by legislation at a minimum amount of 70% of en`�loyee earnings. The City is currently contributing at a rate of 11.6% of salary. EfeCtive May 1, 2007 the employee contribution rate was changed from 8.5% to 10.5% "of pensionable earnings. The additional 2% employee contributions will 1?e,rnade until the sooner of May 1, 2010 or to the date when the going cbncem uniiytided liability has been eliminated. The City charges all of its contributi ons to expense in the year the contribution is made. The amount contributed for enl5la±es, o#hex' than those funded by the Water and Sewerage Utility, for 2008 was $7;958,994 (2007 - $7,714,410). 12 252 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 4. PENSION PLAN (continued) B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated thg e5, nt val e o ;', i& tmulated plan bene% was $ 396, 778,000 and the adjusted m4k6t1*alue of(iiet AWtsyAy ilable to provide ' a= 6 benefits was $365,763,100 with an esttmat4 d unfundrdiliabWt�rjq $3X,014,90 ~ on a going concern basis. As of December 31,20t}6x the�'lxabtlities ona solenaylbasis were greater assets Y eater than the solvent b The 2006 valuation has been updated by extx60614ti6n to`, Dee ember 31, 2008 and the results indicate that the accumulated plan bents nom+ exceed t}e adjusted market value of assets available to provide benefits resulting in a dq� 150,573,229 on a going concern basis. This valuation relates to the enti �` 610d %s employees` funded through both the General Fund and the Wate °� '� ewer current costs and special funding 4A,f payments are allocated to each ` n the oreentage of payroll. gym , o„ " VIlf r`'% �'d' 7' €r f IJ %,d C. DUE TO THE P4ON PL � 9i The New Brunswick n Benefrs A u es, at a solvency deficiency be funded over a period of e, nless an exemgri4 requested to fund over a period of no more than 15 yeaq,"ox rind to December 31, 2018, whichever is shorter, or an exemption from mak1to ,.!%y. payments is granted. 1n 2007, the,exez ption fro" r 491vency special payments to the pension plan was sought and�rcervd,` ;As a restiJF wing this exemption there is no longer solvency �ii ding due frorrt tie City as at Dpi *ber 31, 2007. u r During 2008, the`Ctty paid the plan $2:623,662, which represented required special funding and interest`omigoing concern basis (2007 - $4,358,454). The General Fund's share of this for 2Q0$ is $2,311,446. The City is required to make special going concern payments unti12018: y IN 253 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 C. DUE TO THE PENSION PLAN ( During 2006 the City of Saint John paid thb, lan $4 1331`10,0 which represented required special funding and interest on a going conceCtt baste for the years 2004 to 2006. The General Fund's share of ' kklts anngWxt has` $I't?�7'9 262 of!�which $1,200,000 was expensed in 2005,1,P`9s expensedt iii a�20 D6, ; and $1,613,863 was expensed in 2007 and 2008,'leavng an unamoiei balance of $4,841,587. The City received approval t ;,atni?rt�ze this expense "over :4 period ending in 2011. 5. CONMUTMENTS Saint John Transit During 1979, the Saint John Tr visit Comnitssi6n,was, created by an Act of the Legislative Assembly of Ne�`ti `o �runsWiG1K'� Uitde "provisions of the Act, the Commission has the authority to,mamtatu aiid operate :.public transit system within _ the City of Saint John, all operating losses an t charges being funded by the City. The City is also1for the detrtures }ssved on behalf of the Commission which at December 1008 amounted `to;$4,43(1000 (2007 - $3,442,300), The Greater Sa3gt *t1 +gnomic Development Commission, Inc. Durthg i9 the Great du Economic Development Commission, Inc. was mcororated `rticles lion provide a funding formula for costs to be shared by.e p �rCtRsting mil Mies. The participating municipalities are the Town of Qua �ihe Town Wo hesay, the Town of Grand Bay - Westfield, and the City of Sain J�q. "„ oy� Greater Saint Johni<Rianal Facilities Commission During 1998, the 'Saint John Regional Facilities Commission was created by att` Act of the te Assembly of New Brunswick. Under the provisions of the A` C txtna s 16ii.has the authority to determine the annual amount of the total munictp . "r�jibri�ru[tton to be made towards the operation of five regional facilities: the Canaca'9Gs Aquatic Centre, Harbour Station, the Saint John Trade and Convention'' ter, the Imperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its prorata share of the Commission's operating budget based on the tax bases of the participating municipalities. The participating municipalities are the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield, and the City of Saint John. 14 254 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 5. COMMITMENTS (continued) Market Square Central Building Complex - Lease The Central Building Complex of the Market Sq are Prajeci was''�pened to the public in May, 1983. This complex includes the itbrih" trader 4 „�bnventjon center, parking garage and retail and commercial space. 'Und& the isnnirof hr`e , ty six year leases, the City is responsible for the proportioriater share of�the coirtplex'sr common: 'area operating expenses, including property tax6s,rr6I" to`fi e library, tr2 e'and convention centre and parking garage. Collective agreements 0 There are provisions within a numbe etive agreettteztts beiwcen the City and bargaining units representing its em VIM, t expenditure of funds. The Agreement with C sting the Csity's outside workers, commits the City to employ a "m o %y ees at an approximate annual expenditure of $13,600,000. agree # on- December 31, 2010. The Agreement with CUPE Local 4 " " ese e �' " � g �iszde workers, has a no -lay -off provision related to all empld , hir 4 rior to t 9, 1985 resulting in an approximate annual expo` re $1, IO. greement expired on December 31, 2007 and was subs ;renewed 108 for the years 2008 -2011. In addition, the -6e Agreement rthe Saint John Board of Police Commissioners a t ocal 61, represent ng the City's Police Officers, contains a noday -off provision ) ' an approximate annual expenditure of $10,059,000. This ttt, expired on ,007 and was subsequently renewed on July 29`h, 2008 pctrug n, eu(�rrra�iiy'fund ing ,`,; In June of 2005 flie City approved a grant of $2,000,000 to the University of New 1 Brunswick, Saint John catnpus. This funding to the University's campaign "Forging Our Futures" is paid in cash "r in kind over a period of 10 years commencing in 2006. !! ` 15 255 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 6. CONTINGENCIES The City is liable for the debentures and supporting entities: The Water and Sewe of December 31, 2008 in the amount of 9 In accordance with the Clean Environmenf'tA,c � 1P Ctt of the debentures and other long -term debt issued ort(b Commission. The portion attributable to th6lq Percentage of total population within all pari7�ipitttng p areas. The total of such debt outstanding at December 3I $12,993,000). Based on 2003 populations, the City of the Commission's debt. 7. RESTRICTIONS ON Section 89 of the Muni( municipality's borrowings budget of the municipqhl property in the munict Fund and the General 8. on behalf of its self - debt outstanding as is also liable for a pro -rata share ehalf of the Fu li`d Waste rtiuntctpalities and unincorporated V2008 Waq $11,279,000 (2007 - rs:.lia%le'for approximately 55% ]i R t o�of;New Brunswick restricts a o g p , ss to I t an four percent of the operating snd ss two p °ant of the assessed value of real �r capital wings by the General Operating and Loan Wt these legislative restrictions. lw 1 vTS t "e:r 31, 2008 represent current transactions and are in 64$* ,by the Department of Local Government. 256 16 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2008 9. TRANSACTIONS WITH THE CITY OF SAINT SEWERAGE UTILITY (the "Utility ") �� The General Operating Fund reimbursed $1,909,618) for water supply for Fire prot sewerage charges. The General Operating Fund charged the $1,337,000) for its share of general governme direct service between funds are not reflected ,,R AND 1,853,126 (2007 - )62.024) for storm Fund $11,367,000. (2007 - Charges for the provision of 257 on a monthly tatements previously It The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (I of 2) As at December 31 Sale of Goods and Services Protective services Point Lepreau Training Garbage collection and disposal Recreational and cultural Administrative service Pension Fund Housing Operations �y f Saint John Transit Commissi"oi Actual Actual 2008 2007 40,400 40,000 t,10 27,143 6,618 S,00a °' , x,500 r, o,n.u, 809,247 756,420 138,227 100,000 45,000 44,000 3 1,044,500,,,: 1,101,617 989,038 258 18 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (2 of 2) As at December 3 +1 R, de Actual 2007 age ....m Other Revenue from Own Sources Licenses and permits Business and other' °t� 99,315 91,705 �% °f1707 849 1,424 175 Building l ,?, - 'l� ^�' � , , Plumbing C u� 70,000 , ",1 8,484 98,744 Gas pipel.ine J'y�� '�y� , 5011 ��4��6,564 282,740 e /y�rti 1472,212 1,897,364 Fines and parking i P" " 11811w," � a Parkin and traffic v lats 9 1 �/, Parking �,�I f�� y�� ,� 598,137 580,853 Parking meters �� ,,� �� 775,4 793,977 784,875 �:Ytr Market Square P G e 1,022 1,025,928 959,729 2,418,042 2,325,457 Rentals Market tbui� � 45,000 491,830 491,442 Land and � � 193,000 I86,737 157,389 "11 628,000 678,567 648,831 �J�J�Ir` l7 Si ti St Mole A,� 250,000 667,129 853,363 250,000 667,129 853,363 3 ��J f `; 4,437,031 5,735,950 5,725,015 Other Go vernments agencies IgEmhighways 250,000 285,635 315,404 k' r 250,000 285,635 315,404 19 259 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (1 of 6) As at December 31 L47i %�yy /�% ��Actual Actual 2008 2007 �llllltflt411t )� �''/ Page kk Ao General Government Service Legislative Mayor's Office 174,204 ,�! 209,297 Common Council �IU 419,075 418,832 General Administrative 20 260 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (2 of 6) As at December 31 Protective Services Police Protection Fire Protection Salaries and other operating costs 17 Water supply [note 9] Emergency Measures Emergency Measures Emergency Dispatch Other Protection Building 1nspe Animal RescAR 3 261 Actual Actual r r� zoos zoo? 71,273 54,186 17,997,331 glltg0f`� 126 1,909,618.00 r 229,335 158,484.15 1,666,060 1,801,394 �1 �l rwl 1,445,125 1,237,812 0 137,145 130,621 .828 45.799.875 42.210.533 21 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (3 of 6) As at December 31 Transportation Services Common Services Mechanical Administration Engineering Bu Actual 2007 S $04,6 3Z„ 978,003 1,771,975 1,810,043 414,810 '' ' ny ;,,.359,516 382,973 W. 262 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (4 of 6) As at December 31 Environmental Development Research and Planning Administration and GIS Real Estate Management Market Square Corporation Environment Committee Heritage Development Board 14 Greater SMnt Jolin Economic, Developtneril jpole 5] Saint John lndzntriwfl 1P4rks v y y 4 I G 15 Market Sgtnare Cam mprt A.r W Growth 8lrrrttgy lnWifl" c 15 Regional Facili'tl sCwalsi +'. Tourism acid (2,6m. calions 263 Budget """J""'" Actual Actual 2008 i% X2008 2007 9, i r na'tlmted IN.,20. 877j'2 "742,952 q2 743,781 ' r `'' 670,586 1,392,121 1,241,203 6,028 'Y"/f o' 296,028 310,616 4,400 v U i 4,048 2,314 4,702 "x, ` 211,309 199,734 R1 437,616 408,420 275,000 82,200 )78 1,769,228 1,787,105 Sr 25,000 28,641 1,599,389 1,841,424 j "'M .18 894,626 911,478 6° „,:10'7 802,587 869,197 1162'103 9,327,936 9,095,870 R1 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (5 of As at December 31 a1 Actual 2007 U 5 Page %f,u pq Recreational and Cultural Services Recreational 77, x- Administration 714,357 Pro Kids It 7 78,101 74,808 Community Centers yd i, 12 36,001N'x7!,`/Q,, ""'1 44,985 1,153,285 Arenas g �wji, 258,103 58 90 1,199,532 Sportsfields 4; 937 56,512 1,370,125 Parks ",53 7 f-136,235 1,507,030 it Cultural 378 (N-� 383,987 369,280 Saint John Free Public Libi-Ai�k Cultural Service; Grants 103 V 94,740 1,039,932 94,390 858,038 3 "D N 7,977,037 7,340,845 264 24 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (6 of 6) As at December 31 Page G, S Fiscal Services " / 'r, Interest on long -term debt M", Debenture debt 460,072 Other long -term debts Principal installments P Gnu Y Debenture debt�� ; ;',�' , r,6, 100 Other long -term debt 1 j0 ,y , Capital projects financed by ' 1" U , the General Operating Pund� 000,0© Other debt charges 80,�O�J Short-term financyngf 01/1 �' �` 25� 000` 12 Funding of Per►sion�Fund [note 4] ``� 4'144'1165 w t s �l' + Other miscelianecsusaf% " 265 16,284,270 Lai Actual 8 2007 $ 2,617,622, ' 2,521,078 9,417 11,786 164,100 8,098,100 73,570 79,528 1,000,000 735,000 93,727 54,108 274,524 260,296 4,223,078 5,453,568 617,188 460,072 16,573,226 17,673,536 25 Finam The Wat Deceri 266 4 " l We Operating Fund Balance Sheet Operating Fund Statement of Revenue and Ex Operating Fund Statement of Deficit 4 •. Mlffnms .�� Capital and Loan Fund Statement Statement of Source and Application Notes to Financial S 267 R, 2 3 4 5 6 7 8 -14 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the Operating Fund "arid Capital and Loan Fund of The City of Saint John Water and,.,O'Sewerage Utility as at December 31, 2008 and the related statements of revenue %and expenses, deficit, equity and source and application of capital financing foi the year then ended. These financial statements have been prepared "to "comply withSection 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management Our responsibility is' °tp express an opinion on these financial statements based on" audit We conducted our audit in accordance standards. Those standards require; t>za reasonable assurance whether the `fir misstatement. An audit includes exam the amounts and disclosures,, in the fine assessing the accounting principles u management, as °well #§ evaldating the o Canadian generally accepted auditing plan and }erform an audit to obtain ; statements are free of material on aiitesfbasis, evidence supporting 1 statements. An audit also includes and significant estimates made by 1"financial statement presentation. In our opttori, these financial statements present fairly, in all material respects, the financial posit, of The City of Saint John Water and Sewerage Utility as at December 31, 2008 and tiae''results of its operations and the source and application of its capital :financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, March 24, 2009. 268 Chartered Accountants The City of Saint John Water and Sewerage Utility OPERATING FUND BALANCESHEET As at December 31 Page ASSETS //1////0//f/F' Accounts receivable "/'0" Due from General Operating Fund Due from Water & Sewerage 5 Utility Capital and Loan Fund Prepaid expenses LIABILITIES;, Accounts payab Due to Gen" 1 I 1 Other payables" Interest navable Due to Water" and,Sevs 5 Utility Capital and „ / c � 4. 4 Defici� note 4] G' Sec' accompanying n Signed on behalf of the Council: Mayor ICIT)1 ed chal Loan F Fund 269 ,2008 2007 5,9461086 X5,895,693 ® -® 9,568,929 1,021,051 - -- 55,849 - -- ,— ; 022,986 15,464,622 2,562,315 2,507,877 7,664 17,326 744,136 733,045 293,451 343,699 3,796,275 --- - -- _ 12,012,038 7,403,841 15,613,985 (380,855) (149,363) 7,022,986 15,464,622 Chair of Finance Committee 4 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget Actual Actual (unaudited) 2008 ��djrllJl2008 2007 Page Revenues 001 es to customers 26,865 25943,716 26,269,058 Charges to General Operating Fund [note 5] 12 Water supply for fire protection i11 1,882,000 1,853;k26 1,909,618 12 Storm sewerage � �� 986.j�23 918,015 /'1962,024 �— ,$68, 1,21, 2,771,142Y/ 2,871,642 Total revenues 28,714,858 29,140,700 Expenses� �,,� -- Water supply 2,246,678„ 1;857,808 1,809,032 Purification and treatment �` Pumpingsion and distribution ��U�I/ 4216,200 1,057,997 1,0168,898 Sewerage Collection and Disposal] �a�� Sewerage collection system 1 1,630,579 1,347,116 Sewerage treatment and'disposal 1, 3,405,817 3,652,724 3,413,484 y Billing and collectionn �; 422,560 533,791 405,144 Operational support ,y 738,604 674,042 723,702 Engineering °;'�� 772,756 830,090 832,475 12 A oveln »e lon and geriral,„ r t ervices 7rotc „5 , 2,826,561 22878,584 3,058,882 1,7,311,931 17,415,447 _ 16,787,368 See accompanying notes 270 3 Inter6'st bii long -term debt Delieiiturc debt Ii,; 2,490,834 2,167,168 2,072,810 Principal mstallnients 6 Debentui'e'debt 1! rrt, , 5,803,000 5,803,000 5,962,000 Discount on debentures issued 787,950 36,717 61,089 Capital projects,financed by the General Operating Fund 2,898,392 2,898,392 3,753,935 12 Short -term financing costs [,rote 5] 330,000 288,910 430,027 14 Funding pension fund [note 6] 200,177 312,216 518,662 Infrastructure agreement reserve _ 24,500 _ 24,500 _ 24,500 12, 534, 853 11,530,903 - 12, 823,023 Total expenses and fiscal services 29,846,783 28,946,350 29,610,391 Excess of expenses over revenues (113,659) (231,492) (469,691) 4 Excess revenue of previous years 113,659 113,659 62,345 4 Excess of expenses over revenues for the year - -- (117,833) (407,346) See accompanying notes 270 3 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF DEFICIT Year ended December 31 Page (Deficit) equity, beginning of year Add: 3 Excess of expenses over revenues for t Deduct: 3 Excess reven yearue of previous s 11 Deficit, end of year erode 41,,n See aeconzpmtying bodes 271 08 2007 320,328 (117,833} (407,346) (267,196)x;; (87,018) (113,659) (62,345) (380,855) (149.363) in The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND BALANCESHEET As at December 31 P; ASSETS Due from General Capital and Loan 1° i 2 Due from Water and Sewerage � Utility Operating Fund 10 Fixed assets [mote 2] '1/0 /silo„ LIABILITIES AND EQUITY 10 Debentures [note 21 Due to General, operating Fund 2 Due to Water "and Sewerage Utility Operating Fund 14 Deferred contribution notc. 8 6 Efu�ty See accon?p —q' nyinsg notes ygr l Signed on behalf,,,,ofthe Mayor 272 2008 2007 Wj - -- ' 12,012,038 243,778,811 233,629,850 243,778,811 246,895.601 "°� °x'45,504,000 1,244,876 1,021,051 1,510,061 49,279,988 194,498,823 243.778.811 45,307,000 17,483,348 62,790,348 246,895,601 Chair of Finance Committee 0 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 Equity, beginning of year Debt repaid during the year by the Uf`ility "Operatiii 3 Debenture debt Contributions in aid of construction , Federal and Provincial Govem ei nt �r ; Fixed assets purchased by the UtxlityfOeiafzng Fu 3 Capital projeqs'financed by the Utility d Operat in} Fund 5 Equity, end qi year 5/r_ .See 273 2008 2007 184,105;253 171,773,601 and 5,803,000 5,962,000 5,803,000 5,962,000 1,365,029 1,885,216 d 72,233 399,996 3,153,308 4,084,440 194,498,823 184,105,253 31 The City of Saint John Water and Sewerage Utility STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2008 2007 8 Source Debenture issue /`l 6,000,000 7,000,000 Government contributions n,,,;�''�1,365,029 1,885,216 Increase in amount due to General Operating Fund i -, - 5,178,905 Fixed assets purchased by Utility Operating Fund 72,233 399,996 Debt repaid by Utility Operating Fund ' 803,000 5,962,000 " Capital projects financed by the Utility Operating Fund 3,153,308 4,084,440 Deferred contributions „t -� „o „' I,510,061 - -- Decrease in amounts from Utility Operating Fund �� J�� 12,012,038 - -- General Capital anti Loan r' d lkoll r 1,253,713 - -- Increase in amounts due,to Water and Sewer i/w Utility Operating Fund " 1,021,051 - -- 7 „0i'�° �' d.. 32,190,433 _ 24,510,557 Debt repayment j 5,803,000 5,962,000 Capital expenditures " 10,148,961 12,915,284 Decrease in amousit due,46 General Operating Fund 16,238,472 - -- Increase in the amount"to from: Utility Operatin,"Fund - -- 4,448,918 General Capital and Loan Fund - -- 1,184,355 32,190,433 24,510,557 See arcompa)ging notes 274 7 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2008 1. ACCOUNTING POLICIES These financial statements have been prepared to confonn in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Local Government. Financial Statement Presentation The City of Saint John Water and Sewerage L statements have been prepared in accordance w'tl The Operating Fund reflects the Utility's working and the Capital and Loan Fund reflects ;its in outstanding long -term debt. Fixed Assets and Depreciation ty (the, - ,111"Utility ") financial e fund `Basis of accounting. tal and results of operations tment in f xed,:assets and Fixed assets are recorded at cost .�ti s Funds> > eceived 'through capital assistance programs, cost sharing arrangements; 'kor loa tf tgiveness are treated as additions to equity in capital assets The Utility does not record depreciation on its fixed assets, but an amount equal to annual debt repdyiii— is charged to oper Wns and credited to equity in capital assets. The Utility als charges /ta q/ perations all capital projects that are financed in the current vear,from oneratin funds:' Aceruai Accounting The Utility follows the Accounting for "a Surd method of accounting for revenue and expenses. us or Deficit at the End of a Fiscal Year Section 189(4) of the Municipalities Act of New Brunswick requires that the Utility establish rates which result in a quadrennially balanced budget. Further, Section 189(5)(b) states that should a surplus or deficit exist at the end of a year, it must be spread over a four year period commencing with the second ensuing year. 8 275 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2008 1. ACCOUNTING POLICIES (continued) Accounting Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities atfthe date of the financial , statements and the reported amounts of revenues sf /' and, expenses during the reporting periods. Actual results could differ from those eshrnates. Financial Instruments The carrying values of the Utility's financial,' °instruments, except far long -tenn ik debt, approximate fair values because of their short- tei�iu maturity and normal credit terms. The Utility's accounts receivable, do not represent significant concentration of credit risk because,`,,Ahc accounts are %awed by a large number of ratepayers on normal credit terns %� As ;long tens d'ebt��is arranged with the Province of New Brunswick and is riot renegoQ`hiable, the fair values of long -tern debt, affected by changing interest rates, hi /ve notlzb' een determined. At year -end the Utility did not have any,exposure rel4ng to derivative instruments. 276 9 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2008 2. DEBENTURES Debentures consist of the following: Year of Interest Term Issue Rate Years 1998 5.250 to 5.625 10 1999 5.200 to 5.750 10 2000 6.100 to 6.400 10 2001 2.450 to 5.500 10 2002 3.375 to 5.750 �Rl; 2003 3.050 to 5.000 -- 2003 2.750 to 5.125 10 2004 2.750 to 4.800 10 2005 3.750 to 4.3 7,5 10 2006 4.150 to 4.4 5 10 2007 4.450 to 4.850 `k 1,0 2008 3.300 to 4.850 w 1 Q 2008 2.100 m,lo 5.550 Tht del: 20C 201 201 201_ 2013 2008 2007 Balance Balance 378,000 U3,000 1,206,000 6Zf,000 939,000 1,272,000 1,696,000 3,080,000; , „ ,,3,850,000 3,270,000;- , 3,924,000 -o, 6,340,000 7,608,000 7,488,000 7,956,000 2,975,000 3,150,000 ! ; 7,200,000 7,600,000 GYM G,b50,000 7,000,000 2,500,000 -- 1 3,500,000 - -- 45,504,000 45,307,000 payments required on the Utility's long -term is as follows: A 5,725,000 5,122,000 4,809,000 4,385,000 3,615,000 Fixed assets include $4,378,732 (2007 - $4,820,340) for which financing has not been arranged at the year end. 10 277 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2008 3. OTHER PAYABLES Vacation pay Retirement allowance The Utility has provided for vacations earned but,nottpaid. 2008 2007 2007 304,936 275,371 439`240 457,674 744,136 733,045 Employees upon retirement from the City o�,5aint John are entitle "drto a retirement �i��, ,»O pay allowance equal to one month's pay ;Jo,4' ,�naximtun of six months, for every ,,.,;w five years of service. The program has been 4amencied to provide certain employees with a payout option prior to retirement Accepting the early payout yl j/ option eliminates further accumn jatton of retirexnent� allowance entitlement for those employees. Employees of Local 18 hired after hne ,l %' 1 *998,' an`d Management employees hired after March 23rd; 2069; are not eli ble for retirement allowance, now or in the future. These''polieics are established in the Local 18 collective bargaining agreement and the Management terms and conditions of employment. 4. OPERATING FUNDSURPLUS(,/OR DEFICIT The, >surplus or deficit,/)or each"""""""' is taken back into income over a four year period commencing with the second ensuing year. The balances remaining at the end of eacl ,,vear are as follows: a, 2008 2007 2004 49,314 98,628 2005 196,052 294,086 2006 (101,042) (134,731) 2007 (407,346) (407,346) 2008 (117,833) - -- (380,855) (149,363) 11 278 The City of Saint John Water and Sewerage Utility December 31, 2008 5. TRANSACTIONS WITH THE CITY OF SAINT JOHN GENERAL FUND The Water and Sewerage Utility Operating Fund Operating Fund $1 ,367,000 (2007 - $ 1,337,000) government operating costs. In addition, the General for storm sewerage costs $918,016 (2007 - $962,024) protection $1,853,126 (2007 — $1,909,618). Interest is charged on the balances between Sewerage Utility on a monthly basis. The Utility's water cost transfer is withifi based on the applicable percentage of population.,a 6. PENSION PLAN A. OVERVIEW The City provides pensioi provisions of the revised Cry-, 1994 and last,amended, 6n Apr~ Trustees, rreprese tmg Coi 0 I rerired' mployees 'nor 6"4'N Saint Jahn Pension A`ct 1970 Brunswie - "Pension Benefits Ai reimbursed the General for its share of general Operating Fund is charged and water supply for fire Fudd;and the Water and allowable b- Vregulation expenditures for the benefits tb,� employees in accordance with the 11 of Saint JA` erasion Act as enacted on May 12, 128;0}1 The plan is administered by a Board of n Couricl, management, unionized employees and iay,1994, the plan was governed by The City of °fThe plan is subject to the provisions of the New -t which became effective January 1, 1992. The plan is a defined by efit plan which provides for pensions based on length of service and rate` "of" `pay. Both the municipality and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 7% of employee earnings. The City is currently contributing at a rate of 11.6% of salary. Effective May 1, 2007 the employee contribution rate was changed from 8.5% to 10.5% of pensionable earnings. The additional 2% employee contributions will be made until the sooner of May 1, 2010 or to the date when the going concern unfunded Iiability has been eliminated. The City charges all of its contributions to expense in the year the 12 279 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2008 A. OVERVIEW (continued) contribution is made. The amount contributed for employees funded by Water and Sewerage Utility for 2008 was $1,075,012 (2007 - $1,042,015). B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated the present,value of accumulated plan benefits was $396,778,000 and the adjusted markety"alue 6f net assets available to provide benefits was $365,763,100 with an ,estir`iiated unfunded liability of $31,014,900 on a going concern basis. As of Dec"�"ember 31, 2006 ,the liabilities on a solvency basis were greater than the solvency assetsyby $106,832,800. The 2006 valuation has been updated by extrapolatlo "n to'December'31, 2008 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available t6provide benefitsresulting in a deficiency of v $150,573,229 on a going concern basis This valuation relates to the entire plan= both the General F�uhd'and, the Water special funding payments areallocated of payrolls.'`" C. DU P 1 indludes employees funded through Sewerage Utility. Current costs and ch fund on the basis of a percentage The"New Brunswick Per sion Benefits Act requires that a solvency deficiency be funded o`ve�r a period of years unless an exemption is requested to fund over a period of no�nlore than <5 years, or the period to December 31, 2018, whichever is shorter, or an,exempton from making solvency payments is granted. In 2007 this exemption from making solvency special payments to the pension plan was sought and received. As a result of receiving this exemption there is no longer solvency funding due from the City of Saint John as at December 31, 2008. IN 280 The City of Saint John Water and Sewerage Utility 1 1 December 31, 2008 C. DUE TO THE PENSION PLAN (continued) During 2008 the City of Saint John paid the plan $2,623,662, which represented required special funding and interest on a going concern basis (2007 — $4,358,454). The Utility Fund's share of this for 2008 is $312,216. The City of Saint John is required to make special going concern payments until 2018. 7. INTER -FUND ACCOUNTS All inter -fund accounts at December 3I, 2008 represent current transactions and are in compliance with the policy established by the Department of Local Government. The Province of New Brunswick Clean Up Trust in the amount of $ third share of the Harbour Clean released to the City as ,c,osts of the p 2008 no trust funds have released ") established the Saint John Harbour aan to pzovidie;far the Province's one - `,cost These Trust funds will be are approved. As of December 31, City. According to the terms an conditions ff7the Deed of Settlement and Trust Agreement interest inc uted to the City annually. The amount of interest'cizstnuted to t ity as ecember 31, 2008 is $1,510,061, which has begin deferred and will ed to the project in the future. There are no snedi i, Aerins on the usage of tnterest deferred. 221 281 Financ The Resc Deceit 282 To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheet of the Reserve and Tt Funds of The City of Saint John as at December 31, 2008 and the statein I b % aanges in equity for the year then ended. These financial statements h" e beenpared to comply with Section 8 of the Control of Municipal es New F3rswick. These �,. financial statements are the responsibility 4�f the City's man ent. Our responsibility is to express an opinion on th se hnanbj�al statements b ed rn our audit. I„ % We conducted our audit in accor lanes standards. Those standards requll`;`�"„� reasonable assurance whether th �f misstatement. An audit includes ex4 the amounts and disclosures in the fi assessing the acccati% principles management, as a 11 as ev*"' rrg the with Canaciasn, generally accepted auditing it we plan ,,on n an audit to obtain statemeri �; at'e free of material rnrrn „n a test basis, evidence supporting and 9 An audit also includes i i and si "Acant estimates made by �vrall financial statement presentation. u , In our opinion, then nan aid statements ►resent fairly, in all material respects, the fina vial position ca °l'lie tt F% It John Reserve and Trust Funds as at Dec e� 31; >;14 and e changes in equity for the year then ended in aco (dance with t i asis bf, a gpunting described in note f to these financial These f) 4ncial statem rots, which have not been, and were not intended to be, prepared ins "crdanc `with Canadian generally accepted accounting principles, are solely for tfi ,znf rnation and use of His Worship The Mayor and Members of Common Couno f''of The City of Saint John, and the Minister of local Government of Elie Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of the Province of New Brunswick. Saint John, Canada, March 2, 2009. 283 Chartered Accountants 4. O P. Va iz- GT* 7t- �j 5 rq Gn 77- N c, cn 76 kr cn II '01 rN 10 Va iz- GT* �j 5 Va iz- O Mw 0 00 N 5 77- c, 76 cn II O Mw 0 00 N LO N rr Ir ml Id da �I O C, C, Vim., N h ri r O O I W ❑� y w U I � I � "Cq�Tri N N CD L '� GiMf f ; % f I a "O I I s, a i eq rq C. p y ^o M I I .cr v c V ct .. > ou C LO N The Cite of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2008 I. SIGNIFICANT ACCOUNTING POLICY These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. /1 '` Accrual Accounting The City follows the accrual method of accountr g'f r i'evenuc aid expenses. 2. RESERVE FUNDS Machinery and Equipment Depreciation Under Section 90(4) of the Muni6palities Act, Couhoi by resolution can create an equipment replacement reserve �'Cctnttributions to thx� °fiund are made through the operating budget of the Genera ;Fundrsburseme is from this fund may only be made for the acquisition o e(pi"mont 1111, require the approval of Common Council.. Airspace 2 This fundwas establ`ih, in 1 atll'hespect to the development of Market Square' grid to ; a riiculdr e conduri i rum development. Upon the sale of air ce to allow r the con tb'uction of the project, the proceeds were invested to all.' for the reacquf$Kion by City of this airspace in the year 2049 when the owner p of the coin x rove s to the City of Saint John. 3 286 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2008 3. TRUST FUNDS Land Subdivision Fund Section 43 of the Community Planning Act requires tl al: `mobies received by Council in lieu of land for public purposes are paidm�rn,to a special account. Council may expend these funds for acquiring osevelprng land for public purposes as defined by the Community Planning Tucker Fund By an Act of the Legislature enacted April 20, 19927 securities with a par value of $10,000 were vested with the City of Saint Jc�h1� "This Act provided that the income and a portion of the p�rncipal from this Trust, with the approval of Common Council, should be us, for the mainten'a Oe and improvement of Tucker Park.„ Stockford Mem This fund was , s blished "bn Decembe"i�, -,.28, 1939 as a result of a bequest of $3,000 frorn Fanifi 1 . Sto ford of Bosto �,�- i"v'Iassachusetts. This amount was to be invested and the ; n�u 'ntcome was tra be used towards the upkeep and rnaintenad fKiniz Fund This iM""nd vas cstablis ed on March 22, 1939 with a contribution of $2,000 from T.D. O'CorIl. The contribution was to be invested and the income distributed among the orp ,anages�,'of the City on the pro -rata basis of the children cared for by each, to be r , °by way of a Christmas gift to each child. In October, 2004 this agreement ws amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund, Ei 287 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2005 3. TRUST FUNDS (continued) L.R. Ross Fund This fund was established in 1921 through the gift off,, 1,25`0 and the `'Ross Memorial Cup ". The cup was to be competed for ai44ally by amateur single scullers, twenty -one years or under who are residen s 6f th+��,Maritirne Provinces. The income from this Trust is to be used to provide 6�14uplica ewo p for the winner of each race held. Changes to the Trust in 1'9$+ "allow for ",,Q funds to be used to promote the sport of rowing within t]� City of Saint John aifd its suburban communities, provided that $'4,000 renpins to the and to enable4w -Ross Memorial Cup" to be duplicated when necessary ,, ., 1 A. Carle Smith Fund Established in September 1976, funds ``" ) Smith. These funds are to be used 6t the the South Bay area. 1/ Bi- Centennial Fund These funds are to' "1 Canadaiti "ihe %guar 20 ;the estate of A. Carle a wildlife sanctuary in marking the 200`x' anniversary of John Non- PiOfit Housipg,,Fttture Development Fund This fuuil,,was establis1l"�l in 187, on the sale by the City of the Rockwood Court Complex: "y resolutt6n of Common Council, the proceeds in excess of the amount requqred,i o m `et the outstanding obligations of the complex, amounting to $470,726, wezw to be set aside and administered by Saint John Non -Profit Housing lncorpgf`ated. This fund was to be used for new housing initiatives subject to restrictions set out by the City of Saint John. 5 288 LORD BEAVERBRO:OK RINK 536 MAIN STREET, SAINT JOHN, N.B. E2K IJ4 Telephone: (506) 652-6710 July 20, 2009 Mayor Ivan Court and Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4LI Dear Sirs: We, The Board of Trustees of The Lord Beaverbrook Rink, wish to inform Your Worship and the members of Common Council of the situation at The Lord Beaverbrook Rink regarding the attached Statement of Operations for the year ending December 31, 2008. Due to the problems in December which caused the temporary closure of the rink for repairs to the pipes in the floor, we finished the year being over budget. As you will see on the Statement of Operations we were $33,572 over budget. The actual cost of the repairing the leaks so that we could resume operations for the remainder of the ice season was $27,951 and the loss of revenue because of the closure was $12,389. The net result was a loss of $40,340. Therefore, had it not been for the problem we would have been under budget for the year by $6768. As a result we respectfully request an additional $33,572 to cover the shortfall for 2008. In addition, due to the loss of revenue for this year because of the work being done this summer, we must now request an addition of $15,000 to our 2009 Operating Budget to cover ongoing expenses. Respectfully submitted, ce Cap on, Chair - Trb,4,10oard of Trustees of The Lord Beaverbrook Rink xk" Da 64 Nieh6tson, Manager — The Lord Beaverbrook Rink 289 The Board of Trustees of the Lord Beane rbrook Rink At Said John, Inc. SLatelliclit of Operatiolis For the Year Ended December 31, 2008 Revenue Ice rentals Net revcnLIC from canteen operations (schedule) Rink rentals Na revenUe front sig►i rentals Miscellaneous Parking lot 1'eVCIILIC (note 5) Expenditures General Wages Powci` and water Repairs aml maititenance Heat SUPPhCS Wage levies Amortization Administrative Salaiy GI-OLIP insurance Cal- allowance 1'elephorie Bank char-es ALtdit, legal mid accomAill- MiscellatICOLIS' Loss on Operations Conditional Grants From the of Saillt john (note 3) Net Earnings for the Year 3. 290 Unaudited 2008 2007 Budget Actual Actual 148,000 139,235 148,036 5,000 3,675 7,225 28,000 24,736 29,510 3,000 3,275 3,913 2,000 1,902 1,920 44A0 42,906 30.) 540 230,000 215,729 930 14.4 135,700 136.326 132,794 50,000 49,862 47,392 33,700 54,783 32,524 34,000 32,925 26.144 2,800 2,417 2,622 22,500 21,786 21,758 278,705 298,104 263,239 47,780 47,810 46,260 20,336 20,348 18,798 5,280 5,280 5,280 1,650 1,589 1,483 550 517 571 3,500 3,170 3,250 �)62 � �32 4 6 2,231. 1 82,058 81 960 77,873 -360,76�__ 380,064 ....:fall ,112 130,763 164,335 1 10,968 130,?63 164,335 ---1 1-(),..c)68