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2007-04-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, April 23, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Contract Negotiations 10.2(4)0) 1.2 Contract Negotiations 10.2(4)0) 1.3 Negotiations 10.2(4)0) 1.4 Labour Matter 10.2(4)0) 1.5 Personnel Matter 10.2(4)(b) 1.6 Property Matter 10.2(4)(d) 6:00 p.m. Committee of the Whole Open to the Public - Council Chamber 1(a) Pension Impasse (Councillor Chase) 1(b) Impasse on Pension Deficit Funding (Councillor Chase) Tabled April 10, 2007 1.2 Improving Council/Staff Dialogue (Referred April 10 /11, 2007) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. Council Chamber 2. Approval of Minutes 2.1 April 10 and 11, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Anne Gilbert Requesting Relocation of Traffic Light on Crown Street (Recommendation: Refer to City Manager) 5.2 Tender for Self Contained Breathing Apparatus Air Packs and Accessories - Saint John Fire Department(Recommendation in Report) 5.3 Tender for Road Grader (Recommendation in Report 5.4 Tender for Cargo Van (Recommendation in Report) 5.5 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 5.6 Contract 2007 -13 Bay Street Culvert Installation (Recommendation in Report) 5.7 Contract 2007 -19 Albert and Elgin Streets - Street Reconstruction (Recommendation in Report) 5.8 Design & Construction Management Hillcrest Rd Road Reconstruction (Recommendation in Report) 5.9 Rural Road Upgrades Program (Recommendation in Report) 5. 10 Easement - Kean Road (Recommendation in Report) 5.11 Approval To Travel (Recommendation: Approve Travel Described in Report) 5.12 Public Hearing Dates 1490 Manawagonish Road and 85 Hayes Avenue (Recommendation in Report) 5.13 Canada Games Stadium Redevelopment Committee Request to Appear (Recommendation: Refer to Clerk to Schedule Presentation) 5.14 NB Day Parade Committee Request for Funding (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 Proclamation Multiple Sclerosis Month 8. Delegations / Presentations 9. Public Hearings 7:00 p.m. 9.1 Public Presentation Proposed Municipal Plan Amendment Secondary Access Rd to Red Head Area 9.2(a) Proposed Section 39 Amendment - 2117 Loch Lomond Road 9.2(b) Planning Advisory Committee Section 39 Amendment - 2117 Loch Lomond Road 9.3(a) Proposed Zoning By -law Amendment - 1967 Manawagonish Road 9.3(b)Planning Advisory Committee Proposed Rezoning and Subdivision 1967 Manawagonish Road 9.4(a) Proposed Zoning By -law Amendment - 440 -458 Rothesay Avenue (Rear) 9.4(b) Planning Advisory Committee Proposed Rezoning Area to Rear of 440 -458 Rothesay Avenue 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Questions on Proposed Enhanced Retirement Benefits (Councillor Ferguson) 11.2 Request of Westside P.A.C.T. to Waive Fees for New Police Office (Councillor Court) 11.3 North End Affordable Home Ownership Pilot Initiative (Councillor McGuire) 11.4 Harbour Bridge Budget 2007 -2008 11.5 Affordable Housing Projects (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Ward System 12.2 Needs Confirmation Study 12.3 Prince William Street 12.4 Slope Failure - Fallsview Drive 12.5 Provincially Designated Highways, Funding for 2007 12.6 Sale of 230 Water Street (former Grain Elevator Property) to Ellerdale Investments Ltd. 12.7 Sale of Land at 51 -59 Metcalf Street 12.8 Fundy Bay Festival 12.9 Land Acquisition 97 Union Street 12.10 Proposal to Operate Mispec Park 12.11 Unauthorized Septic Offloading in the City of Saint John - Update 12.12 Future Direction Tourism Department 13. Committee Reports 13.1 Saint John Board of Police Commissioners School Zone Safety Kids 14. Consideration of Issues Separated from Consent Agenda 14.1 Saint John Community Arts Board Letter of Thanks and Update (Recommendation: Receive for Information)(Referred April 10, 2007) 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 23 avril 2007 Comit6 pl6nier 1. Ouverture de la seance 17 h Salle de conference du 8e kage de 1'h6tel de ville 1.1 N6gociations contractuelles - alin6a 10.2(4)j) 1.2 N6gociations contractuelles - alin6a 10.2(4)j) 1.3 N6gociations - alin6a 10.2(4)j) 1.4 Question relative au personnel - alin6a 10.2(4)j) 1.5 Question relative au personnel - alin6a 10.2(4)b) 1.6 Question relative aux biens -fonds - alin6a 10.2(4)d) 18 h. Comit6 pl6nier en s6ance publique dans la salle du Conseil la) Impasse relative a la caisse de retraite (conseiller Chase) lb) Impasse relative au d6ficit de la caisse de retraite (conseiller Chase) report6 le 10 avri12007 1.2 Am6lioration du dialogue entre le conseil et le personnel (s6ance du 10 et du 11 avri12007) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 15 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbaux des 10 et 11 avri12007 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Anne Gilbert demande le d6placement des feux de signalisation de la rue Crown (recommandation : transmettre au directeur g6n6ral) 5.2 Soumission pour Pacquisition d'appareils de protection respiratoire autonome A bouteille d'air pulmo- command6e et les accessoires connexes pour le Service d'incendie de Saint John (recommandation incluse au rapport) 5.3 Soumission pour Pacquisition dune niveleuse ( recommandation figurant au rapport) 5.4 Soumission pour Pacquisition dune fourgonnette marchandises (recommandation figurant au rapport) 5.5 Soumission pour Pacquisition de m6langes de b6ton asphaltique ( recommandation figurant au rapport) 5.6 Contrat ri 2007 -13 relatif a l'installation dun ponceau sur la rue Bay (recommandation figurant au rapport) 5.7 Contrat ri 2007 -19 relatif a la refection des rues Albert et Elgin (recommandation figurant an rapport) 5.8 Gestion de la conception et du pilotage visant la refection du chemin Hillcrest (recommandation figurant an rapport) 5.9 Programme de refection des routes rurales (recommandation figurant an rapport) 5.10 Servitude sur le chemin Kean (recommandation figurant au rapport) 5.11 Autorisation visant les d6placements (recommandation : approbation des d6placements pr6cis6s dans le rapport) 5.12 Dates d'audiences publiques relatives au 1490, chemin Manawagonish et au 85, avenue Hayes (recommandation figurant an rapport) 5.13 Demande pr6sent6e par le Comit6 sur le r6am6nagement du stade des Jeux du Canada voulant s'adresser au conseil (recommandation : transmettre an greffier pour qu'une date de presentation soit fix6e) 5.14 Demande de financement pr6sent6e par le NB Day Parade [comit6 sur le d6fik du jour du N. -B.] (recommandation : transmettre an directeur g6n6ral) Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Proclamation du Mois de la sensibilisation a la scl6rose en plaques 8. D616gations et pr6sentations 9. Audiences publiques 19h 9.1 Presentation publique sur le projet de modification du plan municipal concernant la voie d'acc6s secondaire en direction de la r6gion de Red Head 9.2a) Projet de modification des conditions impos6es par Particle 39 visant le 2117, chemin Loch Lomond 9.2b) Comit6 consultatif d'urbanisme relativement a la modification des conditions impos6es par Particle 39 visant le 2117, chemin Loch Lomond 9.3a) Projet de modification de 1'Arret6 de zonage visant le 1967, chemin Manawagonish 9.3b) Comit6 consultatif d'urbanisme relativement au projet de rezonage et de lotissement visant le 1967, chemin Manawagonish 9.4a) Projet de modification de 1'Arr&6 de zonage visant le 440 -458, avenue Rothesay (arri&e) 9.4b) Comit6 consultatif d'urbanisme relativement an projet de rezonage visant 1'arri&re du bien -fonds situ6 au 440 -458, avenue Rothesay 10. Etude des arrWs municipaux 11. Intervention des membres du conseil 11.1 Questions concernant les ameliorations apport6es aux prestations de retraite (conseiller Ferguson) 11.2 Demande pr6sent6e par le bureau de police communautaire, Westside P.A.C.T., visant a annuler les frais relatifs au nouveau poste de police (conseiller Court) 11.3 Initiative pilote relative a la possession de maisons abordables dans le quartier Old North End (conseiller McGuire) 11.4 Budget de 1'Administration du Pont du port pour 2007 et 2008 11.5 Projets relatifs aux logements abordables ( conseiller McGuire) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Systeme Electoral par quartiers 12.2 Etude sur la confirmation des besoins 12.3 Rue Prince William 12.4 Affaissement de la pente de la promenade Fallsview 12.5 Financement pour 2007 en vertu du programme des routes provinciales designees 12.6 Vente des biens -fonds situes au 230, rue Water (emplacement de 1'ancien 61evateur a grain) a Ellerdale Investments Ltd. 12.7 Vente de biens -fonds situes au 51 -59, rue Metcalf 12.8 Festival de Fundy Bay 12.9 Acquisition de biens -fonds situes au 97, rue Union 12.10 Proposition visant 1'exploitation du parc Mispec 12.11 Mise a jour sur la decharge septique non autorisee dans The City of Saint John 12.12 Orientation future du Service de tourisme 13. Rapports de comit6s 13.1 Rapport du Bureau des commissaires de la police de Saint John relatif a la securite des enfants dans les zones scolaires 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 14.1 Lettre de remerciements et mise a jour reques du Conseil des arts communautaires de Saint John (recommandation : accepter a titre informatif) (seance du 10 avri12007) 15. Correspondance g6n6rale 16. C16ture de la seance www.saintjohn.ca April 19, 2007 Mayor and Council: P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 I am placing the item "Pension Impasse" placed back on the COW open session for the April 23rd Council Agenda. This was tabled in good faith that a meeting was to be arranged with the employee groups and council. If it was not explicit in the motion it should have been clearly implicit that this meeting was to occur within the days following the last council meeting. This has not happened. This is a serious issue with a lot of money at stake. Often serious issues cannot wait until the next scheduled meeting of Council. I understand the management group, to their credit, have made a compromise. However, it is important that all employee groups are in agreement, particularly the Local 771, which was the importance of this meeting between the employee groups and Council. Received by e-mail Stephen Chase Councillor E REPORT TO COMMON COUNCIL April 5, 2007 Mayor Norm McFarlane and Members of Common Council, Your Worship and Fellow Councillors, Committee of the Whole Open Re: Current Impasse on "the shared solution" to pension deficit funding At the time of writing this letter, I understand that there remains an unresolved difference regarding the matter of employees contributing an extra amount beyond the required contribution. This unresolved difference is a result of the Firefighters Union taking issue with the agreement to pay into an RRSP (or other account) of Managers affected by the pension cap. Furthermore, the Firefighter's Union has apparently taken further issue with any dialogue regarding removal of the cap. Council has resolved to petition the Legislature, through a private members bill, to permit the collection of extra pension contributions from employees. Council is aware that it is both a timely procedure and a procedure that will most likely not succeed. In either case, the cost associated with this impasse is one million dollars to the tax payers. This stated cost — a cost provided to Council by staff — is, I believe, unacceptable to ask of the taxpayers. Moreover, it will impact our budget adversely. I cannot accept or support either taxes raised to cover this cost nor can I accept or support a service or program reduced to cover this cost. Also, if there was a budget surplus from a previous year (2005) I could not support this money spent on the pension deficit when there is so many other needs in this city. I have placed this issue on the Committee of Whole agenda (open session) so that a good exchange of ideas and views can take place in a deliberative nature. I would also, welcome dialogue with union executives and management representatives, during this discussion. The City of Saint John Report to Common Council Page 2 April 5, 2007 My objectives for this discussion would be for Council, in Committee of the Whole Open, to facilitate resolution of this issue and make a recommendation to Council convened in regular open Session. Central to this discussion would be questions of: 1. Is the matter of the City's money contribution to Managers (those at the pension cap) an absolute requirement to achieve the Management / non- union agreement on "the shared solution ". 2. The management / non -union group argue that the effect of the pension cap creates an inequitable class or employee group — that being employees which do not receive employer contributions to a pension and are also precluded from contributing themselves. However, the arrangement that Council has recently committed to, moves from one inequitable position to another inequitable position — that being an employee group receiving an employer contribution with no requirement to contribute as an employee. Essentially, this employee group receives a money contribution and does not have pension plan deductions from salary. Should this arrangement also oblige the managers to also contribute equally? This arrangement would then mirror the spirit of the pension plan co- contribution arrangement. 3. What is the true position of Local 771 on a "shared solution'? I have included a newspaper article that addresses issues relating to defined benefit plans. The article recognizes their value in recruiting and retaining employees but also recognizes the difficulties in maintaining these plans. I believe that the arguments presented in this article are relevant to the overall pension issues we are currently dealing with. Respectfully submitted, Stephen Chase Councillor Looming pension crisis worries corporate world: report ERIC BEAUCHESNE And 61 per cent of those surveyed major funding shortfalls and uncer, to enrich benefits even though they 1 CANWEST NEWS SERVICE felt the pension crunch will be long tainty about long-term benefit securi- may not be affordable in bad times. E E - - - - - — --- ' -- - -- lasting, said the report. That's up from ty - seems set to persist through 2007 "New legislation before Parliament j OTTAWA - Corporate pension fears 43 per cent in 2005, and just 20 per andbeyond, "it concluded. to enhance certain benefits under the E have increased, with 80 per cent of cent in 2004. Meanwhile, another think-tank also Canada Pension Plan sends a worry- ' I chief financial officers believing The report is based on the 2006 an- warned the government that it should ing message for the proponents of i c there is a widespread pension crisis, nual.survey by the conference board not make the same mistake with the long -term stability in the CPP," the : e up sharply from 59 per cent two yews and corporate consultingfrin Watson Canada Pension Plan as it said private C.D. Howe Institute said in its report, r ago, the Conference Board of Canada Wyatt Worldwide. sector employers did with theirs -give _ _ ------------ remrtedThursdav The pension crisis - the result of in to pressure. in good economic times PLEASE SEE-, LOOMING, B2 r :Abandon* ngg defined pensions will affect future recruiting LOOMI_N_G t-_B_1 alsoreleased Thursday. The legislation - Bill C -36 - embodies i the tension between plan beneficiaries who typically want richer payouts, and younger c ontnbutors who are concenied about the CPP's sustainability, it saldin a summary ofthe report. For the CPP, like any pension plan, : lean yeah can follow fat ones;'said C.D. Howe president William Robson, author ofthereport The legislation, which would ease ac- cess to disability payments for older Plan members, would require an in- crease in the contribution rate required to maintain funding stability in what have been good economic times to an estimated 9.79 per cent, the C.D. report noted. That's still below the legislated rate of 9.9 per cent but reduces the margin to cover any economic dowmum, it noted. "Less happy, but quite realistic demo- graphic, economic and cost assumptions could yield a steady -state rate above 10 percent;Robson said. "Bad breaks on more than one front could push the rate above 11 or even 12 percent;he added."The marginthwBN C -36 would eat into is one that younger Canadians might like topreserve against future shocks." The crisis in private sector pension Plans was triggered by the stock market losses suffered in the wake of the col- lapse of the 1990s high4echboom. It has persisted, despite the ensuing market recovery, because historically low long-term interest rates means that fundshaw hadtoput more money aside to cover their future pension obligations. The crisis bas prompted some employ. ers to abandon defined benefit plans, under which they must cover any short- fall, and to replace them with defined contribution plans, on which benefits we based on the financial returns the plan Sams. However, the conference board re• port suggests that abandoning defined benefit plans could make it difficult for those companies to compete for highly skilled workers who are expected to be in increasingly short supply with the aging of the workforce and looming retirement of the giant baby -boom gen. eration. A defined benefit plan is seen as one of the best retirement savings plans to at- tract highly skilled workers. While many employers have been in- creasing contributions to cover their defined pension plan shortfalls, the re- port notes that many have, or plan to, cut pension benefits, including the rate at which benefits accrue, early retire- ment benefits, and the indexation of benefits REPORT TO COMMON COUNCIL M &C #2007 -93 April 10, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: IMPROVING COUNCIUSTAFF DIALOGUE During a recent meeting with Common Council, I made a number of suggestions and commitments to Common Council. It was acknowledged by some that I raised many of these matters previously but at least one member of Council disavowed any knowledge of my previous request or suggestions. At the end of the meeting, Mayor McFarlane in his closing remarks, asked that I bring forward in written format my suggestions for Council to consider. For my part, I committed to provide all of Council, in a City Manager Update Format, specific details of any travel plans that I might have. This would replace the customary practice of my simply informing the Mayor. I also committed to work with the Mayor and Council to address the communication challenges facing the Council and the administration. Beyond these commitments, I did make other suggestions for Council to consider. These suggestions relate specifically to the sole authority of Common Council. These suggestions were: 1. That Common Council consider reverting to meeting every week so as to ensure Council is provided ample opportunity to be fully informed on operational issues as well as to provide time to the many groups who wish to appear before Council. 2. That Common Council schedule, not regular, but periodic meetings, with the City Manager to discuss personnel issues. The scheduling of such meetings would be left to the discretion of the Mayor, but would provide both Council and the City Manager the opportunity to meet their mutual obligations to each Report to Common Council Subject: Improving Council /Staff Dialogue Page 2 other to engage in effective and direct two way communications related to any personnel issues. That Common Council initiate discussions with the Common Clerk, the purpose of which would be to discuss his continued involvement in this capacity. The current arrangement has exceeded the two year period that Council had discussed when making the appointment. 4. Although not specifically discussed, on March 29th, I would suggest that all of Council, not just the Vision 2015 Committee, become actively engaged in the discussions on Governance. Should Council wish to change the current system, it is of utmost importance that all of Council be extremely knowledgeable on this topic. Council must understand and agree upon the objectives that Council is trying to achieve when considering any change. I offer this suggestion on the basis that I have previously stated that the administration is seeking clarity from Council on this matter. Once clarity of purpose is known, certain changes within the administration are going to be required. In discussion with other managers in this organization, the general consensus is that any changes should be directly in line with Council's governance system, whatever that may turn out to be in the end. RECOMMENDATION: That this report be receive and filed and the suggestions contained therein be considered by Common Council. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER 92 -754 COMMON COUNCIL / CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 10- 7:00 P.M. & APRIL 11- 4:30 P.M., 2007 present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White -and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; A. Bodechon, Chief of Police; R. Simonds, Fire Chief; B Morrison, Commissioner of Leisure Services and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN HOTEL DE VILLE — LE 10 AVRIL 2007 A 19 H ET LE 11 AVRIL 2007 A 16 H 30 Sont presents : Norman McFarlane, maire la mairesse supplbante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et trbsorier; P. Groody, commissaire aux opbrations municipales; J. Baird, commissaire b I'urbanisme et au dbveloppement; W. Edwards, commissaire aux services d'inspection et des bbtiments; A. Bodechon, chef de police; R. Simonds, chef du service d'incendie; B. Morrison, commissaire aux services des loisirs et E. Gormley, greffibre communale adjointe. Committee of the Whole - Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Don Ingersoll offered the opening prayer. Ouverture de la seance du comite pienier, suivie de la priere La sbance est ouverte par le maire McFarlane et le pasteur Don Ingersoll rbcite la pribre d'ouverture. 1. Call to Order - Regular Session On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council move into regular session of the meeting of Common Council. Question being taken, the motion was carried. Ouverture de la seance ordinaire. Proposition du conseiller Titus Appuybe par le conseiller McGuire RESOLU que le conseil procbde b la seance ordinaire du conseil communal. A ('issue du vote, la proposition est adoptbe. 92 -755 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 2. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on March 26, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la reunion du conseil communal tenue le 26 mars 2007 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of item 13.0 Committee of the Whole Report — Appointments to Committees. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 13.0, Rapport du Comite plenier — nominations pour sieger aux comites. 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 regarding the publication "Saint John 2006 Taking Stock" be received for information. 5.2 That the letter from John Steele regarding industrial noise in a residential area be referred to the City Manager. 5.4 That the letter from the Seniors Information and Resource Centre thanking Council for their continued support and submitting a Handbook for Seniors be received for information. 5.5 That the letter from Hospice Saint John requesting to present to Common Council be referred to the Common Clerk to schedule a presentation. 5.6 That as recommended by the City Manager, the proposal submitted by Gemtec for providing quality assurance for asphalt concrete mix and placement in the amount of $91,953.80 and the proposal submitted by Conquest Engineering Ltd. for field and laboratory testing for Portland Cement concrete in the amount of $50,705.as well as the proposal submitted by Conquest Engineering Ltd. for soils compaction in the amount of $30,093.18 be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. 5.7 That as recommended by the City Manager, the proposal of Godfrey Associates Ltd. for engineering services for the Morna Heights and Greenwood Wastewater 92 -756 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 Treatment Facility Efficiency study be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.8 That as recommended by the City Manager, the proposal of Ralph Smith Engineering Inc. for engineering services for the Lancaster and Millidgeville Wastewater Treatment Facilities — Engineering study for identification of requirements for emergency power systems be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.9 That as recommended by the City Manager, the proposal of Ralph Smith Engineering Inc. for engineering services (design and construction management) for the Pipeline Road East at Latimer Lake — New Transmission Mains and Chlorine Injection and Sampling Chambers project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.10 That as recommended by the City Manager, the proposal of ADI Limited for engineering services (design and construction management) for the Karen Street — Sanitary Sewer Extension and Lateral Relocation project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.11 That as recommended by the City Manager, the proposal of ADI Limited for engineering services (design and construction management) for the Glen Road / Simpson Drive Extension — Cross Culverts project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.12 That as recommended by the City Manager, the proposal of Terrain Group Inc. for engineering services (design and construction management) for the Somerset Street - Street Reconstruction and Westmorland Road - Curb and Sidewalk Construction projects be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.13 That as recommended by the City Manager, the proposal of Godfrey Associates Ltd. for engineering services (design and construction management) for the Latimore Lake Road — Road Reconstruction project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.14 That as recommended by the City Manager, Council authorize staff to engage Hughes Survey & Consultants Inc. for legal survey and property plans and deStecher Appraisals Ltd. for appraisal services required for the acquisition of all land and easements required for the Thorne Avenue Lift Station #4, Sanitary Force main and Sanitary Collector Sewer. 5.15 That as recommended by the City Manager, Common Council assent to the required municipal services and public utility easement as generally illustrated on the JD Irving Limited Subdivision Plan at 55 Majors Brook Drive. 5.16 That as recommended by the City Manager, the City of Saint John acquire PID Number 55055180 and a 13 -acres portion + /- of PID Number 55055214 as generally shown on the submitted sketch from Lake Minote Holdings Ltd. for $32,500. on or before July 30, 2007, and further that The City of Saint John shall prepare and pay for the plan necessary to effect the transaction; and further that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. 5.17 That as recommended by the City Manager, the City of Saint John acquire 1,500 square metres of land for Municipal Services Easement /Easement for Municipal Services (as generally shown on the submitted sketch) from 512299 NB Inc. for $17,020. (plus HST if applicable) on or before September 15, 2007, and that the Mayor and Common Clerk are authorized to execute any necessary document and that Common Council assent to the required municipal services easement. 5.18 That as recommended by the City Manager, Common Council schedule the Public Hearings for the rezoning applications of Philip Huggard Properties Ltd. (13 -15 Main Street) and Hughes Surveys & Consultants Inc. (for Katherine J. Clark) (75 Churchland Road) for Monday, May 7, 2007 at 7:00 p.m. in the Council Chamber. 92 -757 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 5.19 That as recommended by the City Manager, the report on the Green Municipal Fund, Result of Application for Funding updating Council on the process, and advising that staff will return to Council with recommendations for changes that would allow this all important priority work to go ahead in 2007, be received for information. 5.20 That as recommended by the City Manager, the report updating Council on Provincial and Regional Designated Highways Maintenance Funding Reduction and the reclassification of PDH streets to municipal status, be received for information. 5.21 That the letter from the Saint John Emergency Management Organization requesting to present to Council be referred to the Clerk to schedule a presentation. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.3 — Saint John Community Arts Board, which has been identified for debate, 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 a la publication intitulee Saint John 2006 Taking Stock » [faire le point sur Saint John en 2006], soit acceptee a titre informatif. 5.2 Resolu que la lettre presentee par John Steele relative aux bruits industriels dans un quartier residentiel soit transmise au directeur general. 5.4 Resolu que la lettre regue du Seniors Information and Resource Centre [centre de ressources et d'information pour les aines] de Saint John, accompagnee d'un guide pour les aines, et remerciant le conseil pour son aide soutenue, soit acceptee a titre informatif. 5.5 RESOLU que la lettre de demande regue de Hospice Saint John, visant a se presenter devant le conseil, soit transmise au greffier aux fins d'inscription de la date de presentation a I'ordre du jour. 5.6 Resolu que, comme le recommande le directeur general, la proposition presentee par Gemtec, relative a I'approvisionnement et a I'application de beton asphaltique de qualite, au montant de 91 953,80 $, et la proposition presentee par Conquest Engineering Ltd., relative aux essais sur place et en laboratoire du beton de ciment Portland, au montant de 50 705 $, ainsi que la proposition presentee par Conquest Engineering Ltd., relative au compactage des sols, au montant de 30 093,18 $, soient acceptees, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.7 Resolu que, comme le recommande le directeur general, la proposition presentee par Godfrey Associates Ltd. relative aux services d'ingenierie pour une etude sur 1'efficacite de ('installation de traitement des eaux usees de Morna Heights et de Greenwood soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.8 Resolu que, comme le recommande le directeur general, la proposition presentee par Ralph Smith Engineering Inc. relative aux services d'ingenierie pour une etude sur les exigences de systemes d'alimentation de secours des installations de traitement des eaux usees de Lancaster et de Millidgeville soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.9 Resolu que, comme le recommande le directeur general, la proposition presentee par Ralph Smith Engineering Inc. relative aux services d'ingenierie (gestion de la conception et du pilotage) pour ('installation de nouvelles conduites principales d'eau et du regard d'echantillonnage et a ('injection de chlore, du chemin Pipeline est au lac Latimer soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.10 Resolu que, comme le recommande le directeur general, la proposition presentee par ADI Limited, relative aux services d'ingenierie (gestion de la conception et 92 -758 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 du pilotage) pour le projet de prolongement des egouts sanitaires et de deplacement lateral de la rue Karen soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.11 Resolu que, comme le recommande le directeur general, la proposition presentee par ADI Limited, relative aux services d'ingenierie (gestion de la conception et du pilotage) pour le projet d'installation de buses horizontales du chemin Glen et au prolongement de la promenade Simpson soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.12 Resolu que, comme le recommande le directeur general, la proposition presentee par Terrain Group Inc., relative aux services d'ingenierie (gestion de la conception et du pilotage) pour les travaux de refection de la rue Somerset et la construction de trottoirs et de bordures sur le chemin Westmorland soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.13 Resolu que, comme le recommande le directeur general, la proposition presentee par Godfrey Associates Ltd. Relative aux services d'ingenierie (gestion de la conception et du pilotage) pour les travaux de refection du chemin Latimore Lake soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.14 Resolu que, comme le recommande le directeur general, le conseil autorise les employes municipaux a retenir les services de Hughes Surveys & Consultants Inc., pour entreprendre I'arpentage cadastral et dresser les plans de biens- fonds, et les services de De Stecher Appraisals Ltd., pour les services d'evaluation exiges aux fins d'acquisition de tous les biens -fonds et les servitudes exiges afin d'installer une conduite de refoulement et un egout collecteur sanitaires a la station de relevement no 4 situee a I'avenue Thorne. 5.15 Resolu que, comme le recommande le directeur general, le conseil communal autorise les servitudes de services municipaux et d'entreprise de service public, comme le montre de maniere generale, le plan de lotissement de JD Irving Limited, relatif au 55, promenade Majors Brook. 5.16 Resolu que, comme le recommande le directeur general, The City of Saint John acquiere le biens -fonds inscrit sous le NID 55055180, et une partie de la parcelle inscrite sous le NID 55055214 d'une superficie approximative de 13 acres, comme le montre de maniere generale le croquis presente par Lake Minote Holdings Ltd., pour la somme de 32 500 $, au plus tard le 30 juillet 2007, et que The City of Saint John prepare le plan exige afin de conclure ladite transaction et acquitte tous les frais afferents, et que le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure ladite transaction. 5.17 Resolu que, comme le recommande le directeur general, The City of Saint John acquiere une servitude aux fins de services municipaux d'une parcelle d'une superficie approximative de 1 500 metres carres (comme le montre de maniere generale le croquis presente) appartenant a 512299 N. -B. Inc., pour la somme de 17 020 $ (TVH en sus, le cas echeant), au plus tard le 15 septembre 2007 et que le maire et le greffier communal soient autorises a signer toute documentation exigee et que le conseil donne son assentiment a ladite servitude aux fins de services municipaux. 5.18 Resolu que, comme le recommande le directeur general, le conseil communal fixe une date d'audience publique relativement aux demandes de rezonage presentees par Philip Huggard Properties Ltd., (13 -15, rue Main) et Hughes Surveys & Consultants Inc. (au nom de Katherine J. Clark) (75, chemin Churchland) au lundi 7 mai 2007 a 19 h dans la salle du conseil. 5.19 Resolu que, comme le recommande le directeur general, le rapport relatif au Fonds d'habilitation municipal vert, formulant les resultats de la demande de financement et mettant le conseil a jour sur le processus entame, et avisant le conseil que les employes prevoient se presenter devant ce dernier afin de formuler certaines recommandations en vue d'apporter des modifications qui permettent la mise de I'avant de ces travaux prioritaires en 2007, soit accepte a titre informatif. 5.20 Resolu que, comme le recommande le directeur general, le rapport de mise a jour adresse au conseil, relatif 6 la reduction du financement d'entretien des routes 92 -759 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 provinciales et regionales designees, et a la reclassification des rues inscrites sous le regime des RPD visant a leur accorder un statut municipal, soit accepte a titre informatif. 5.21 Que la lettre de demande regue de I'organisme de gestion des services d'urgence de Saint John visant a se presenter devant le conseil, soit transmise au greffier pour qu'il fixe une date de presentation. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.3, Conseil des arts communautaires de Saint John, et qui a ete selectionnee aux fins de deliberations, soit adoptee. A ('issue du vote, la proposition est adoptee. 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 The Mayor proclaimed the week of April 13 -21, 2007 as National Volunteer Week in the City of Saint John. 7.2 The Mayor proclaimed the week of April 15 -21, 2007 as Volunteer Appreciation Week in the City of Saint John. 7. Proclamation 7.1 Le maire declare que la semaine du 13 au 21 avril 2007 est la Semaine nationale du benevolat dans The City of Saint John. 7.2 Le maire declare que la semaine du 15 au 21 avril 2007 est la Semaine d'appreciation des benevoles dans The City of Saint John. 8. Delegations /Presentations 8.1 Community Express — Comex Referring to a submitted electronic slide presentation, Frank McCarey, General Manager of the Saint John Transit Commission advised that Comex is a community express public transit system that will provide morning and after work service between Uptown Saint John and four outlying municipalities, adding that transit service to these communities will begin in September, 2007. On motion of Councillor Titus Seconded by Councillor White RESOLVED that Council endorse the Comex project which will provide express public transit morning and after work service between uptown Saint John and the Town of Grand Bay - Westfield, the Town of Rothesay, the Town of Quispamsis and the Town of Hampton, and the park and ride system as described in the submitted presentation. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Community Express Comex Se reportant a une presentation electronique de diapositives, Frank McCarey, directeur general de la Commission des transports de Saint John, affirme que Comex est un systeme de transport express en commun qui prevoit desservir la collectivite en offrant un service le matin et apres les heures de travail entre Uptown Saint John et les quatre municipalites environnantes; le service de transport desservira ces collectivites des 92 -760 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 septembre 2007. Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le conseil appuie le projet de Comex qui prevoit offrir un service de transport en commun le matin et apres les heures de travail entre Uptown Saint John et Grand Bay - Westfield, Rothesay, Quispamsis, et Hampton, ainsi que les pares de relais, tel qu'il est precise dans la presentation soumise. A I'issue du vote, la proposition est adoptee. 8.2 Saint John SkatePark Jason McLean, Chair of the Fundy Skateboard Association updated Council on the progress of the proposed skate park, and outlined a plan for a call for proposals, evaluation of designs, choosing a partner and building the park. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that Council support the Fundy Skateboard Association for completion of the proposed skate park as submitted and that City staff be authorized to call for proposals to design and build the Saint John SkatePark at the fixed price of $540,000. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the meeting be extended beyond 10:00 p.m. to deal with item 8.3, Multiplex Community Centre Final Report, and that Council re- convene this meeting at 4:30 p.m. Wednesday, April 11, 2007 in the Council Chamber to deal with the remaining agenda items. Question being taken, the motion was carried. 8.2 Planchodrome de Saint John Jason McLean, president de la Fundy Skateboard Association [Association des planchistes de Fundy] fait le compte rendu au conseil des progres realises dans le cadre du planchodrome projete et resume ses projets en matiere d'appels d'offres, d'evaluations de concepts, du choix d'un partenaire et d'amenagement dudit parc. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que le conseil appuie la terminaison des travaux proposes par I'Association des planchistes de Fundy tels qu'ils sont presentes et que les employes municipaux soient autorises a proceder a I'appel d'offres visant la conception et le pilotage du planchodrome de Saint John au prix de 540 000 $. A I'issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la seance soit prolongee au -dela de 22 h afin de traiter du point 8.3, Rapport definitif du centre communautaire multiplex, et que le conseil convoque de nouveau cette seance a 16 h 30, le mercredi 11 avril 2007 dans la salle du conseil afin de traiter des points qui restent a I'ordre du jour. A I'issue du vote, la proposition est adoptee. 8.3 Multiplex Community Centre Final Report Referring to submitted presentations, Bob Manning, Chair of the Multiplex Subcommittee of the Recreation Implementation Committee, Wendy Donovan, DmA Planning & Management Services, and Greg Murdock of Murdock & Boyd Architects updated Council on the results of a needs confirmation study to meet community ice surface and other recreation needs. On motion of Councillor Court 92 -761 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 Seconded by Deputy Mayor Hooton RESOLVED that Council refer the remainder of the presentation of item 8.3, Multiplex Community Centre Final Report, to the continuation of this Council meeting to be held at 4:30 p.m. Wednesday in the Council Chamber. Question being taken, the motion was carried. (Councillor Titus withdrew during discussion on the above matter.) On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that the requirement of the procedural by -law dealing with meeting times be suspended to deal with item 10.1, Public Presentation — 53 -71 Drury Cove Road. Question being taken, the motion was carried. 8.3 Rapport d6finitif du centre communautaire multiplex Se reportant a une presentation soumise anterieurement, Bob Manning, president du sous- comite multiplex cree par le Comite de mise en oeuvre des loisirs, Wendy Donovan, de 1'entreprise DmA Planning & Management Services et Greg Murdock, de la firme d'architectes Murdock & Boyd, mettent a jour le conseil sur les resultats obtenus a la suite d'une etude sur la confirmation des besoins en vue de s'assurer que la collectivite beneficie de surfaces de glace et d'autres loisirs adequats. Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que le conseil reporte la fin de la presentation du point 8.3, Rapport definitif du centre communautaire multiplex, a la suite de cette seance du conseil prevue a 16 h 30, le mercredi dans la salle du conseil. A ('issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion au cours de la discussion sur la question susmentionnee.) Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que 1'exigence stipulee relative aux heures de la tenue des seances en vertu de 1'arrete concernant le reglement interieur soit suspendue afin de traiter du point 10.1, Presentation publique visant le 53- 71, chemin Drury Cove. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9. Audiences publiques a 19 h 92 -762 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 10. Consideration of By -laws 10.1 Public Presentation — Proposed Municipal Plan and Zoning Bylaw Amendment — 71 Drury Cove Road A Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, from Low Density Residential and Open Space to Business Park classification, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909 to permit re- zoning of the land from "B -2" General Business to "BP" Business Park classification, and subsequent development of a building for the assembly of heating products, and related office uses. At 11:05 p.m., the Mayor advised that the meeting will re- convene tomorrow at 4:30 p.m. in the Council Chamber. 10. Etude des arretes municipaux 10.1 Presentation publique relative au projet de modification du plan municipal et modification de I'arrete de zonage visant le 71, chemin Drury Cove Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier la classification a I'annexe 2 -A du plan, de zone residentielle a faible densite et zone d'espaces libres a zone de parc commercial, une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove et inscrite sous le NID 55175558 et des parcelles des NID 55027163, 55161384 et 55178909, pour la faire passer de zone commerciale generale « B -2 » a zone de parc commercial « BP » en vue de permettre I'amenagement subsequent d'un immeuble destine a I'assemblage de produits de chauffage et aux bureaux connexes. A 23 h 05, le maire declare que la seance sera reconvoquee le lendemain a 16 h 30 dans la salle du conseil. The Mayor declared the meeting which commenced on April 10, 2007 in the Council Chamber re- convened at 4:30 p.m. April 11, 2007, and the Council dealt with the following items. Having asked the Mayor for leave to speak on a point of privilege, Councillor Tait apologized for remarks he made during discussion on item 1, Ward System at the Committee of the Whole meeting on April 10, 2007. He commented that he made inappropriate remarks concerning the volunteers of the Governance Committee. Referring to submitted presentations, Bob Manning, Chair of the Multiplex Subcommittee of the Recreation Implementation Committee, continued his presentation on item 8.3, Multiplex Community Centre Final Report, which began on April 10, 2007. On motion of Mayor McFarlane Seconded by Councillor Titus RESOLVED the Needs Confirmation Study report regarding a proposed Multiplex, be referred to the City Manager for a report to be presented at the next meeting of Council. Question being taken, the motion was carried. Le maire declare que la seance ouverte le 10 avril 2007 dans la salle du conseil est reconvoquee a 16 h 30 le 11 avril 2007, afin que le conseil puisse traiter des points suivants : apres avoir demande la permission du maire de soulever une question de privilege, le conseiller Tait demande pardon des propos qu'il a tenus pendant les discussions du point 1, lors de la seance du Comite plenier le 10 avril 2007. II affirme avoir passe des remarques deplacees relatives aux benevoles siegeant au Comite sur la gouvernance. se reportant aux presentations soumises anterieurement, Bob Manning, president du Sous- comite du centre multiplex cree par le Comite de mise en oeuvre des loisirs, 92 -763 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 reprend la presentation qu'il avait entamee le 10 avril 2007 sur le point 8.3, Rapport definitif du centre communautaire multiplex. Proposition du maire McFarlane Appuyee par le conseiller Titus RESOLU que le rapport sur la confirmation des besoins concernant le centre multiplex propose soit transmis au directeur general et qu'il en fasse le compte rendu a la prochaine seance du conseil. A ('issue du vote, la proposition est adoptee. 10.2 Proposed Municipal Plan Amendment — 299 and 303 Golden Grove Road On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the proposed Municipal Plan Amendment at 299 and 303 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising to proceed with the proposed amendment process with a Public Hearing scheduled for Tuesday, May 22, 2007 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 10.2 Projet de modification du plan municipal relatif au 299 et au 303, chemin Golden Grove Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que le projet de modification du plan municipal relatif au 299 et au 303, chemin Golden Grove, soit transmis au Comite consultatif d'urbanisme aux fins de rapport et de recommandations et que celui -ci autorise la publication des avis requis en vue de proceder au processus de modification au moyen de la tenue d'une audience publique fixee au mardi 22 mai 2007 a 19 h dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 10.3 Third Reading — Zoning By -law Amendment — 25 -27 Edith Avenue On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -35, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 25 -27 Edith Avenue, having an area of approximately 1265 square metres, also identified as being PID Number 55166656, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -35, A Law to Amend the Zoning By -law of The City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -35, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 25 -27 Edith Avenue, having an area of approximately 1265 square metres, also identified as being PID Number 55166656, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -35, A Law to Amend the Zoning By -law of The City of Saint John ". 92 -764 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 10.3 Troisieme lecture du projet de modification de I'arrete de zonage relatif au 25 -27, avenue Edith Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 110- 35 modifiant I'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1 265 metres carres, situee au 25- 27, avenue Edith et inscrite sous le NID 55166656 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -35 modifiant 1'arrete de zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 110- 35 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 1 265 metres carres, situee au 25 -27, avenue Edith et portant le NID 55166656 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -35 modifiant 1'arrete de zonage de The City of Saint John ». 10.4 Third Reading — Zoning By -law Amendment — Heights Standards On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -36, A Law to Amend the Zoning By -law of The City of Saint John" by adding to Section 150(2)(g); by increasing height in the same section and by amending Section 20 by replacing the definition of 'grade', be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -36, A Law to Amend the Zoning By -law of The City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -36, A Law to Amend the Zoning By -law of The City of Saint John ", by adding to Section 150(2)(g); by increasing height in the same section and by amending Section 20 by replacing the definition of 'grade', be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A By -law Number C.P. 110 -36, A Law to Amend the Zoning By -law of The City of Saint John ". 10.4 Troisieme lecture du projet de modification de I'arrete de zonage visant les normes relatives a la hauteur des batiments Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren Resolu que 1'arrete intitule «Arrete no C.P. 110 -36, modifiant 1'arrete de zonage de The City of Saint John » modifie par I'adjonction apres I'article 150(2)g) de ce qui suit : I'augmentation de la hauteur et la modification de I'article 20 par le remplacement de la definition du terme « niveau du sol », fasse ('objet d'une lecture. 92 -765 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 A I'issue du vote, la proposition est adoptee. L'arr&6 intitule « Arr6te no C.P. 110 -36 modifiant I'arr6te de zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arr6te intitule « Arr6te no C.P. 110 -36, modifiant I'arr6te de zonage de The City of Saint John » est modifie par I'adjonction apres I'article 150(2)g) de ce qui suit : I'augmentation de la hauteur et la modification de I'article 20 par le remplacement de la definition du terme « niveau du sol », fasse ('objet d'une troisieme lecture, que ledit arr6te soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arr6te intitule « Arr6te no C.P. 110 -36 modifiant I'arr&6 de zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 Unauthorized Septic Offloading On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the City Manager bring forward the proper documentation regarding unauthorized septic offloading to be sent to the Province for enactment at the next session of the Legislative Assembly. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 D6charge septique non autoris6e Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le directeur general presente au conseil la documentation adequate relative a la decharge septique non autoris6e en vue de 1'expedier a la Province aux fins de promulgation au cours de la prochaine seance de I'Assemblee legislative. A I'issue du vote, la proposition est adoptee. 11.2 Future Direction of Tourism Department On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that Council give its approval for engaging the services of an external consultant with expertise in the Tourism Industry for the purposes of conducting a comprehensive review of the City's current and future role in tourism, with the understanding that this will become a project of Vision 2015 and also, it is understood that the call for proposal will outline the scope of work including the terms of reference and it will be presented to the Mayor and Council for their input and approval prior to the public call for an expression of interest. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the issue of requesting the services of an external consultant with expertise in the Tourism Industry for the purposes of conducting a comprehensive review of the City's current and future role in tourism, with the understanding that this will become a project of Vision 2015, be tabled until Council receives an update from the Deputy City Manager on work accomplished to date on this issue. Councillor Tiuts commented that he does not support the tabling motion based on information provided at a recent Committee of the Whole meeting which suggests that the issue be dealt with sooner rather than later. 92 -766 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 Question being taken, the tabling motion was carried, with Councillors Farren, Ferguson, McGuire, Tait, and Titus voting nay. (Councillors McGuire, Tait and White withdrew from the meeting.) 11.2 Orientation future du service de tourisme Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que le conseil autorise le recours aux services d'un expert - conseil externe en tourisme en vue d'entreprendre une etude exhaustive sur le role actuel et futur de la Ville en matiere de tourisme, en tenant compte qu'il s'agit d'un projet envisage dans le cadre de la Vision 2015, et it est entendu que I'appel d'offres en la matiere doit preciser 1'etendue des travaux requis, y compris les cadres de reference; cette etude sera presentee au maire et au conseil aux fins de commentaires et d'approbation avant la publication de I'appel d'offres destine aux parties interessees. Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que la question visant a retenir les services d'un expert - conseil externe en tourisme en vue d'entreprendre une etude exhaustive sur le role actuel et futur de la Ville en matiere de tourisme, en tenant compte qu'il s'agit d'un projet envisage dans le cadre de la Vision 2015, soit reporte jusqu'a ce que le conseil regoive une mise a jour presentee par le directeur general adjoint sur les travaux realises en la matiere jusqu'a maintenant. Le conseiller Titus indique ne pas appuyer la motion visant a reporter cette question et se fonde sur ('information fournie lors d'une recente seance du Comite plenier selon laquelle it serait preferable de traiter de cette question plus tot que plus tard. A ('issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. Les conseillers Farren, Ferguson, McGuire, Tait et Titus votent contre la proposition. (Les conseillers McGuire, Tait et White quittent la reunion.) 11.3 Passenger Train Service On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the Mayor write to Enterprise Saint John and the Saint John Board of Trade requesting them to investigate the possible return of the passenger train service to the City of Saint John. Question being taken, the motion was carried. (Councillor McGuire re- entered the meeting.) 11.3 Service ferroviaire pour passagers Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le maire envoie une lettre a Enterprise Saint John et a la Chambre de commerce de Saint John leur priant d'examiner la possibilite que le service ferroviaire pour passagers soit de nouveau offert a The City of Saint John. A ('issue du vote, la proposition est adoptee. (Le conseiller McGuire se joint de nouveau a la reunion.) 11.4 Cultural Arts Report Request On motion of Councillor Farren Seconded by Councillor Court RESOLVED that a proposed date in which a presentation will be given in open session of Council on Culture and the Arts for the benefit of citizens, be referred to the Clerk to schedule a presentation. Question being taken, the motion was carried. 92 -767 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 11.4 Demande relative au rapport sur les arts culturels Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la date proposee par le conseil sur les arts et la culture pour les citoyens afin de se presenter devant le conseil en seance publique soit communiquee au greffier pour qu'il fixe la date de presentation. A ('issue du vote, la proposition est adoptee. 11.5 Town Hall Meeting Councillor McGuire advised Council that the next Town Hall Meeting will take place on May 31, 2007 at 7:00 p.m. at the Loch Lomond Villa. 11.5 Assemblee publique locale Le conseiller McGuire avise le conseil que la prochaine assemblee publique locale aura lieu le 31 mai 2007 a 19 h a la Villa Loch Lomond. 11.6 Disability Interpretation Services On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that Common Council investigate interpretation services for the deaf community with respect to Monday night Council sessions and that this be referred to the Clerk for follow -up and implementation. Question being taken, the motion was carried. 11.6 Services d'interpretation adresses aux handicappes Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le conseil communal se renseigne sur la possibilite d'offrir des services d'interpretation adresses aux personnes sourdes et malentendantes pendant les seances du conseil du lundi soir et que cette question soit transmise au greffier aux fins de suivi et de mise en application. A ('issue du vote, la proposition est adoptee. 11.7 Safe, Clean Drinking Water On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the City Manager and appropriate staff be directed to develop an action plan for securing the needed water treatment facilities. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting.) 11.7 Salubrite et proprete de I'eau potable Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que le directeur general et les employes competents soient charges de I'elaboration d'un plan d'action visant a s'assurer des installations de traitement des eaux necessaires. A ('issue du vote, la proposition est adoptee. (Le conseiller Court quitte la reunion.) 92 -768 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12. Business Matters - Municipal Officers 12.1 Winter Sidewalk Service On motion of Mayor McFarlane Seconded by Councillor McGuire RESOLVED that that Common Council consider a staff presentation on the matter of the Winter Sidewalk Service, and that this report be referred to the Clerk to schedule a presentation. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Service d'entretien hivernal des trottoirs Proposition du maire McFarlane Appuyee par le conseiller McGuire RESOLU que le conseil communal examine la possibilite que les employes donnent une presentation sur 1'entretien hivernal des trottoirs et qu'un rapport sur la question soit transmis au greffier pour qu'il fixe la date de presentation. A ('issue du vote, la proposition est adoptee. 12.2 Role of City Manger in Representing the City On motion of Councillor Chang Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the submitted report advising of his role in representing the City at the Seatrade conference, be received for information. Question being taken, the motion was carried, with Councillors Farren, Ferguson and Titus voting nay. 12.2 Role du directeur general en tant que representant de la ville Proposition du conseiller Chang Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport qu'il a presente detaillant son role en tant que representant de la ville au congres Seatrade [salon de la croisiere], soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. Les conseillers Farren, Ferguson et Titus votent contre la proposition. 12.3 Improving Council /Staff Dialogue On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the submitted report on improving dialogue between Council and staff be received for information. Question being taken, the motion was carried with Councillors Farren and Ferguson voting nay. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that matter of improving council /staff dialogue be referred to open meetings of Committee of the Whole with each item in the submitted report to be dealt with at a separate meeting. Question being taken, the motion was carried with Councillors Chang and Titus voting nay. The Mayor called for a five minute recess, and the meeting resumed at 7:08 p.m. 92 -769 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.3 Am6lioration du dialogue entre le conseil et le personnel Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le rapport presente relatif a I'amelioration du dialogue entre le conseil et le personnel, soit accepte a titre informatif. A ('issue du vote, la proposition est acceptee. Les conseillers Farren et Ferguson votent contre la proposition. Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que la question d'amelioration du dialogue entre le conseil et le personnel soit examinee au cours d'une seance publique du Comite plenier et que chaque point souleve dans le rapport presente soit examine pendant une seance distincte. A ('issue du vote, la proposition est adoptee. Les conseillers Chang et Titus votent contre la proposition. Le maire demande une suspension de cinq minutes, et la seance se poursuit a 19 h 08. 12.4 Media Communications On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the submitted report on media communications relating to guidelines and procedures, be received for information. Question being taken, the motion was carried, with Councillors Ferguson and Titus voting nay. 12.4 Communication avec les m6dias Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le rapport presente relatif aux lignes directrices et aux procedures visant la communication avec les medias, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. Les conseillers Ferguson et Titus votent contre la proposition. 12.5 Sick Leave Policy On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that Council engage the services of a human resource professional agency to review this policy, and make a recommendation to Council as to improvements, changes and /or appropriateness. Question being taken, the motion was carried, with Councillors Ferguson and Titus voting nay. During comments made by Councillor Ferguson, Councillor McGuire raised a point of order on which the Mayor ruled in favor of Councillor McGuire citing that the comments are more suitably dealt with in a closed session. Councillor Ferguson challenged the ruling, and the challenge was put to a vote resulting in agreement with the Mayor's ruling, with Councillors Farren and Ferguson voting nay. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that items 12.13 and 12.14 be brought forward on the agenda. Question being taken, the motion was carried. 92 -770 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.5 Politique relative aux conges de maladie Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que le conseil retienne les services d'une agence professionnelle en ressources humaines afin d'etudier cette politique et de formuler des recommandations au conseil relativement a I'amelioration, a la modification et a la pertinence de ladite politique. A ('issue du vote, la proposition est adoptee. Les conseillers Ferguson et Titus votent contre la proposition. Pendant les commentaires exprimes par le conseiller Ferguson, le conseiller McGuire invoque le reglement et le maire tranche en faveur du conseiller McGuire et affirme qu'il est plutot preferable de soulever ces questions en seance privee. Le conseiller Ferguson remet en question cette decision qui est en consequence soumise au vote, et it en resulte que la majorite appuie la decision du maire. Les conseillers Farren et Ferguson votent contre la decision. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les points 12.13 et 12.14 soient examines des maintenant. A ('issue du vote, la proposition est adoptee. 12.13 Contract 2006 -1 — Harbour Passage — Water Street On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council authorize the construction of the additional section of Harbour Passage along Water Street between the cruise ship terminal transportation area and Broad Street to be completed under Contract 2006 -1: Harbour Passage — Water Street at an additional cost of $144,130.75 as calculated based on estimated quantities. Question being taken, the motion was carried. 12.13 Contrat no 2006 -1 : Passage du port et rue Water Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil autorise la construction, en vertu du contrat no 2006 -1, d'un tronpon supplementaire ajoute au passage du port longeant la rue Water entre la zone du terminal de paquebots de croisiere et la rue Broad : Passage du port — rue Water, aux couts additionnels de 144 130,75 $, etablis a partir de quantites estimatives. A ('issue du vote, la proposition est adoptee. 12.14 Final Design Landscaping Service Water Street On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council authorize the Saint John Waterfront Development Partnership to negotiate a contract with Daniel K. Glenn Ltd. to provide final design services for the Water Street Precinct including Pugsley Park and the surrounding areas around North Market Slip, St. Andrew's Park, and the Three Sisters Park on the east side of Water Street and excepting those portions of the initial concept comprising the Westerly Portion of the Three Sisters Park where a proposed Sewer Lift Station may be in conflict, and that funding be taken from the 2007 Waterfront Development Capital Budget allocation with funding not to exceed $138,000. or 6.75% of the total capital cost which ever is less. Question being taken, the motion was carried. 92 -771 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.14 Services de conception ultime relatifs a I'amenagement paysager de la rue Water Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil autorise le Partenariat d'amenagement du secteur riverain de Saint John a negocier un contrat avec Daniel K. Glenn Ltd., pour les services de conception ultime relatifs a la zone entourant la rue Water, y compris le parc Pugsley et les abords du mouillage North Market Slip, le parc St. Andrew's et le parc Three Sisters situe sur le cote est de la rue Water, et a 1'exception de certaines parties du concept original comprenant la partie ouest du parc Three Sisters, ou un projet de station de relevement des eaux usees pourrait poser un probleme; que le financement provienne du budget d'immobilisations de 2007 attribue a I'amenagement du littoral sans toutefois depasser la somme de 138 000 $, ou une somme egale a 6,75 % du cout total en immobilisations, selon la somme la moins elevee des deux. A ('issue du vote, la proposition est adoptee. 12.6 Police Justice — Plaza Design Contract for Services On motion of Councillor Titus Seconded by Mayor McFarlane RESOLVED that as recommended by the City Manager, Common Council engage Daniel K. Glenn Ltd. for the preparation of tender ready documents for the Police /Justice Plaza at 7% of construction costs, plus incurred expenses and HST, and that the Mayor and Common Clerk be authorized to execute the contract for services. Question being taken, the motion was carried. 12.6 Centre judiciaire et policier — Contrat de travail pour la conception du complexe Proposition du conseiller Titus Appuyee par le maire McFarlane RESOLU que, comme le recommande le directeur general, le conseil communal retienne les services de Daniel K. Glenn Ltd., pour la preparation de la documentation relative a I'appel d'offres visant le centre judiciaire et policier, moyennant une remuneration egale a 7 % des couts de construction, en sus des dxpenses contractees et la TVH, et que le maire et le greffier soient autorises a signer le contrat de services. A ('issue du vote, la proposition est adoptee. 12.7 Gas Tax Funding Agreement On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to sign the submitted Agreement Contract (Reference No. 6930.078.000) under the Canada -New Brunswick Agreement on the Transfer of Federal Gas Tax Revenues. Question being taken, the motion was carried. 12.7 Entente relative au transfert des fonds de la taxe sur 1'essence Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Ferguson RESOLU que, comme le recommande le directeur general, le maire et le greffier soient autorises a signer le contrat no 6930.078.000 presente en vertu de 1'entente sur le transfert des revenus provenant de la taxe sur 1'essence conclue entre le gouvernement federal et la province du Nouveau - Brunswick. A ('issue du vote, la proposition est adoptee. 92 -772 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.8 One Mile Interchange — Welsford By -pass and Route 1 to St. Stephen On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council reaffirm its position that the One -Mile House Interchange project is the number one transportation priority for the City of Saint John; encourage the Provincial Government to continue its work on Route Number 1 to Lepreau and Route Number 7 and, further, that this report be received for information. Question being taken, the motion was carried. 12.8 L'echangeur de One -Mile House, la voie de contournement Welsford, et la route no 1 en direction de St. Stephen Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal reaffirme qu'il juge prioritaire en matiere de transport dans The City of Saint John, le projet d'echangeur de One -Mile House; et encourage le gouvernement provincial a poursuivre les travaux sur la route no 1 en direction de Lepreau et de la route no 7, et que ce rapport soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 12.9 Ashburn Lake Road Consultant Engagement On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council authorize the following for the proposed Ashburn Lake Road reconstruction project: 1. staff conduct negotiations for the engagement of Neill and Gunter Limited to carry out the preliminary design for the project, with staff to report back to Council with the recommendation for formal engagement; 2. subject to Provincial approval of an eastbound exit ramp(s) project, the City contribute its share of the cost for a consultant to be hired by the Department of Transportation for an integrated two - project design (Ramp from Route 1, with Ashburn Lake Road); 3. subject to approval by the Minister, construction of both projects be completed under a single construction contract tendered, awarded and administered by the Department of Transportation, with the City contributing its share of the cost for the Ashburn Lake Road portion. Question being taken, the motion was carried. 12.9 Services de consultation relatifs au chemin Ashburn Lake Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil communal autorise les modalites suivantes relativement au projet de refection du chemin Ashburn Lake : 1. le personnel doit entreprendre des negociations visant a retenir les services de Neill and Gunter Limited pour concevoir le croquis preliminaire du projet et presenter leurs recommandations au conseil avant de conclure I'affaire; 2. sous reserve de I'autorisation du gouvernement provincial dans le cadre du projet de bretelles de sortie en direction est, la Ville doit partager les couts lies a 1'engagement des services d'un consultant par le ministere des transports relativement a la conception de deux projets integres (bretelle de la route 1 liant le chemin Ashburn Lake); 3. sous reserve de I'approbation du ministre, la construction des deux projets doit titre entreprise en vertu d'un seul contrat de construction, en matiere d'appel d'offres et d'octroi du contrat, le tout doit titre gere par le ministere des Transports et la Ville doit partager les couts des travaux lies au chemin Ashburn Lake. A I'issue du vote, la proposition est adoptee. 92 -773 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.10 Manawagonish Road Reconstruction — Fairville Boulevard to Ridge Row On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report updating Council on the planned street design for Manawagonish Road, ( Fairville Blvd. to Ridge Row) and advising of a public information session that will be held in relation to this project be received for information. Question being taken, the motion was carried. 12.10 Travaux de refection du chemin Manawagonish depuis le boulevard Fairville jusqu'a la ruelle Ridge Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport de mise a jour adresse au conseil visant la conception routiere prevue pour le chemin Manawagonish (du boulevard Fairville a la ruelle Ridge) et indiquant qu'une seance d'information publique sera tenue pour examiner ce projet, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.11 Contract No. 2005 -27 McAllister Dr. — Rothesay Ave. to Majors Brook Dr. — Street Reconstruction On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report updating Council on the status of the project, Contract No. 2005 -27 McAllister Dr. — Rothesay Ave. to Majors Brook Dr. — Street Reconstruction and the additional costs incurred, be received for information. Question being taken, the motion was carried. 12.11 Contrat no 2005 -27 relatif a la refection de la promenade McAllister (entre I'avenue Rothesay et la promenade Majors Brook) Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport de mise a jour adresse au conseil, traitant de 1'etat dudit projet portant le numero de contrat 2005 -27, et visant les travaux de refection de la promenade McAllister, entre ('avenue Rothesay et la promenade Majors Brook, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.12 Maintenance Service — Greenwood Lane On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report informing Council of the difficulties associated with service and maintenance expectations at Greenwood Lane, be received for information. Question being taken, the motion was carried. 12.12 Services d'entretien de I'allee Greenwood Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport informant le conseil des obstacles eprouves en matiere de service et d'entretien de I'allee Greenwood, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 92 -774 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 12.15 Engineering Inspection Services On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council authorize staff to establish a supply agreement for the provision of engineering inspection services for 2007 Capital Program projects in accordance with the hourly rates provided in the submitted report. Question being taken, the motion was carried. 12.15 Services d'inspection d'ingenierie Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil communal autorise le personnel a rediger un contrat d'approvisionnement relatif aux services d'inspection d'ingenierie visant les projets congus en vertu du programme d'immobilisations de 2007 conformement au taux horaire indique dans le rapport presente. A ('issue du vote, la proposition est adoptee. 12.16 Saint John Emergency Management Organization On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the submitted report providing Council with a factual update on the Saint John Emergency Management Organization and status of contingency planning, be received for information. Question being taken, the motion was carried. 12.16 Organisation municipale des mesures d'urgence de Saint John Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport presente fournissant au conseil une mise a jour factuelle sur ('Organisation municipale des mesures d'urgence de Saint John, et 1'etat des mesures de planification en cas de situation d'urgence, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.17 Appointment to Director of Municipal Emergency Measures Organization On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, effective May 1, 2007, Chief Rob Simonds be appointed as the Director of the Municipal Emergency Measures Organization, in accordance with Section 3(b) of the Saint John Emergency Measures Bylaw and Section 9(b) of the Emergency Measures Act. And further, that the Mayor of the City of Saint John extend, on behalf of Common Council, thanks to Mr. Groody for his contribution to the advancement of the City's Emergency Measures Organization. Question being taken, the motion was carried. 12.17 Nomination du directeur de I'Organisation municipale des mesures d'urgence Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le chef Rob Simonds soit nomme directeur de ('Organisation municipale des mesures d'urgence, a compter du 1 er mai 2007, conformement a I'article 3b) de 1'arrete visant la preparation de plans en cas d'urgence et a I'article 9b) de la Loi sur les mesures d'urgence. 92 -775 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 De plus, que le maire et The City of Saint John remercient, au nom du conseil communal, M. Groody d'avoir contribue aux progres realises par ('Organisation municipale des mesures d'urgence. A ('issue du vote, la proposition est adoptee 13. Committee of the Whole Report 13.0 Appointments to Committees On motion of Mayor McFarlane Seconded by Deputy Mayor Hooton RESOLVED that the Committee of the Whole having met on April 10, 2007,and having made the following recommendations, Common Council appoints the following: William MacMackin be re- appointed to the Saint John Development Corporation for a term of three years ending on April 10, 2010. Councillor Stephen Chase be re- appointed to Uptown Saint John for a term of one year ending April 12, 2008. Councillor John Ferguson be appointed until his current term expires, and Christine Saumure, Susan Barry, Kelli Wetmore, Heather Anderson, and Jill McKim be appointed to P.R.O. Kids for a term of two years ending April 10, 2009. Gary Sullivan be appointed to the Leisure Services Advisory Board on an interim basis for a term not to exceed one year ending April 30, 2008. Question being taken, the motion was carried. 13. Rapport du comite plenier 13.0 Nominations aux comites Proposition du maire McFarlane Appuyee par la mairesse suppleante Hooton RESOLU que par suite a une seance du Comite plenier convoquee le 10 avril 2007 en vue de formuler des recommandations aux fins de nomination, le conseil procede comme suit : William MacMackin est nomme de nouveau pour sieger a la Saint John Development Corporation (comite d'amenagement), pour une duree de trois ans, se terminant le 10 avri1 2010; Stephen Chase, conseiller, est nomme de nouveau pour sieger au comite Uptown Saint John pour une duree d'un an, se terminant le 12 avril 2008; John Ferguson, conseiller, est nomme pour siegerjusqu'a 1'expiration de son mandat actuel et Christine Saumure, Susan Barry, Kelli Wetmore, Heather Anderson et Jill McKim sont nommes pour sieger au comite de P.R.O. Kids pour une duree de deux ans, se terminant le 10 avril 2009; Gary Sullivan est nomme pour sieger au Conseil consultatif des services des Ioisirs pour une periode interimaire maximale d'un an, se terminant le 30 avril 2008. A ('issue du vote, la proposition est adoptee. 13.1 Fundy Region Solid Waste Commission — Financial Statements On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the Auditor's Report and Financial Statements for the year ended December 31, 2006 from the Fundy Region Solid Waste Commission, be received for information. Question being taken, the motion was carried 92 -776 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 13.1 Etats financiers de la Commission de gestion des dechets solides de Fundy Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le rapport du verificateur et les etats financiers de la Commission de gestion des dechets solides de Fundy pour 1'exercice terming le 31 decembre 2006, soient acceptes a titre informatif. A ('issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee — Subdivision Application 242 Duke St. W. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that: 1. Common Council assent to one or more subdivision plans as generally illustrated on the submitted subdivision plan, and to any required municipal services and public utility easements. 2. Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme relativement a la demande de lotissement He au 242, rue Duke Ouest Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU QUE : 1. le conseil communal approuve le ou les plans de lotissement, comme le montre de maniere general le plan de lotissement presente, de meme que toute servitude aux fins de services municipaux et de services d'utilite publique; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis, notamment en ce qui concerne I'Maboration de plans de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef ou son representant. A ('issue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee — Assent of Public Easements and Authorization of Section 101 Agreement - 285 Westmorland Rd. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that: 1. Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act that would incorporate the conditions imposed by the Planning Advisory Committee relating to the development of proposed Lot 07 -2. 2. Common Council assent to the submitted tentative subdivision plan with respect to any required municipal services or public utility easements. Question being taken, the motion was carried. 13.3 Comite consultatif d'urbanisme relativement au consentement visant les servitudes publiques et a I'autorisation en vertu de I'article 101 de la convention relative au 285, chemin Westmorland Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU QUE : 1. le conseil communal autorise la redaction et la signature d'une convention en vertu de I'article 101 de la Loi surFurbanisme en vue d'integrer les conditions imposees par le Comite consultatif d'urbanisme, visant le projet d'amenagement du lot no 07 -2; 2. le conseil communal approuve le plan de lotissement provisoire presente relatif a toute servitude de services municipaux ou d'utilite publique exigee. A ('issue du vote, la proposition est adoptee. 92 -777 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 13.4 Planning Advisory Committee — Proposed Townhouse Project 25 Victoria Street East On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted photo- reduced Victoria Gardens Subdivision (Phase 2) tentative plan that would extend Foley Court public street right -of -way, and to any necessary municipal services and public utility easements in conjunction with this proposed residential development. 2. Common Council assent to the proposed 1140 - square metre (12,271- square foot) Land for Public Purposes dedication as illustrated on the submitted tentative subdivision plan. 3. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. Common Council authorize cost - sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Question being taken, the motion was carried. 13.4 Comite consultatif d'urbanisme relativement au projet d'amenagement de maisons en rangee au 25, rue Victoria Est Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que 1. le conseil approuve le ou les plans de lotissement, en une ou plusieurs phases, conformement, de maniere generale, au plan de lotissement provisoire relatif a la phase 2 du lotissement Victoria Gardens, presente sur photo reduite, en vue de prolonger le droit de passage sur ('impasse Foley, et les servitudes de services municipaux et d'utilite publique exigees en vertu de I'amenagement residentiel propose; 2. le conseil communal approuve le projet d'affectation aux fins d'utilite publique d'une parcelle de terrain ayant une superficie de 1 140 metres carres (12 271 pieds carres), tel que l'illustre le plan de lotissement provisoire presente; 3. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris I'elaboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef; 4. le conseil communal autorise le partage des couts s'elevant au -dela des limites prevues en vertu du projet de lotissement conformement a I'article 26 de I'arrete concernant le lotissement. A I'issue du vote, la proposition est adoptee. 13.5 Justice Steering Committee — Development Coordination On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that TOSS Solutions Inc. be engaged to articulate a land use plan and development strategy for the Police Justice development, that will support additional development in the area and meet community expectations, with the fee to be charged at an hourly rate for professional services and the total cost not to exceed $25,000. plus expenses and HST. Question being taken, the motion was carried. 13.5 Comite directeur du centre judiciaire — Coordination du developpement Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les services de 1'entreprise TOSS Solutions Inc. soient retenus afin de dresser un plan d'utilisation des terres et une strategie d'amenagement relatifs au projet d'amenagement du centre judiciaire et 92 -778 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 policier qui puisse favoriser des projets d'amenagement supplementaires dans la region et repondre aux attentes de la collectivite; que les honoraires pour services professionnels soient fixes a un taux horaire ne devant pas depasser la somme totale de 25 000 $, debours et TVH en sus. 14. Consideration of Issues Separated from Consent Agenda 14.1 Design and Construction Management — Manawagonish Road — Street Reconstruction On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd. for engineering (design and construction management) services for Manawagonish Road — Street Reconstruction be accepted, and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Gestion de la conception et de la construction relative au projet de refection du chemin Manawagonish Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, la proposition presentee par Crandall Engineering Ltd. relative aux services d'ingenierie (gestion de la conception et de la construction) pour les travaux de refection sur le chemin Manawagonish, soit acceptee et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A ('issue du vote, la proposition est adoptee. 14.2 Design and Construction Management — Mountain Road — Street Reconstruction On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the proposal of Crandall Engineering Ltd. for engineering services (design and construction management) for the Mountain Road — Street Reconstruction project be accepted, and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 14.2 Gestion de la conception et de la construction relative au projet de refection du chemin Mountain Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que la proposition presentee par Crandall Engineering Ltd. relative aux services d'ingenierie (gestion de la conception et de la construction) pour les travaux de refection sur le chemin Mountain, soit acceptee et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A ('issue du vote, la proposition est adoptee. 92 -779 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 14.3 St. Rose Playground Committee Request for Funding On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the request from St. Rose Playground Committee requesting funding in the amount of $5,000. for the development of an all- accessible playground, be approved. Question being taken, the motion was carried. 14.3 Demande de financement regue du Comite du terrain de jeux de I'ecole St. Rose Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que la demande de financement presentee par le Comite du terrain de jeux de 1'ecole St. Rose, au montant de 5 000 $, visant I'amenagement d'un terrain de jeux accessible a tous, soit approuvee. A ('issue du vote, la proposition est adoptee. 14.4 Multiplex Sporting Facility Project On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the request from the Saint John Multiplex Recreation Project to present to Council, be referred to the Clerk to schedule a presentation. The presentation was given on this date, April 10/11, 2007. Question being taken, the motion was carried. 14.4 Projet d'installation sportive multiplex Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que la demande relative au projet d'installation sportive multiplex, visant a se presenter devant le conseil, soit transmise au greffier communal pour qu'il fixe une date de presentation. La presentation a eu lieu les 10 et 11 avril 2007. A ('issue du vote, la proposition est adoptee. 14.5 Saint John Community Arts Board On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the submitted report from the Saint John Community Arts Board be referred to the next regular session of Council which will be held on April 23, 2007. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 14.5 Conseil des arts communautaires de Saint John Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que le rapport presente par le Conseil des arts communautaires de Saint John soit reporte a la prochaine seance ordinaire du conseil prevue le 23 avril 2007. A ('issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion.) 92 -780 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 10, 2007 /LE 10 AVRIL 2007 15. General Correspondence 15.1 Saint John Presbytery - Ban on Video Lottery Machines On motion of Councillor Chase Seconded by Councillor Chang RESOLVED that the letter from the Saint John Presbytery raising concerns about gambling and its impact on families, be received for information. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Presbytere de Saint John relativement a ('interdiction d'appareils de loterie video Proposition du conseiller Chase Appuyee par le conseiller Chang RESOLU que la lettre reque du presbytere de Saint John, s'inquietant du jeu compulsif et de son impact sur la famille, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 8:00 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 20 h. Mayor /maire Common Clerk/greffier communal 56 <e, 777 � �77— v , ale i REPORT TO COMMON COUNCIL M & C — 2007 -118 20 April 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Self Contained Breathing Apparatus Air Packs and Accessories — Saint John Fire Department BACKGROUND: f City of saint J1--oh iI Tenders have been received for the supply of 12 self contained breathing apparatus air packs and accessories for use by the Saint John Fire Department. This purchase has been necessitated by the need to replace existing older units which are no longer considered fit for active duty due to their age or because of predetermined expiration dates. ANALYSIS: Four companies responded to the City's tender call by submitting bids. Staff of the Saint John Fire Department and Materials & Fleet Management have reviewed the bids and have enclosed a bid summary for Council's consideration. PAGE TWO FINANCIAL IMPLICATIONS: If awarded as recommended, the total cost for new self contained breathing apparatus and accessories will be $36,480.00 plus tax. This is a planned expenditure and as such funds are included in the 2007 Capital Budget. RECOMMENDATION: It is recommended that Council accept the tender for the supply of self contained breathing apparatus and accessories be awarded to Safety Source Ltd. in the amount of $36,480.00, plus tax. Respectfully submitted, David Logan, CPPB Purchasing Agent T. L. Totten, CA City Manager City of Saint John Tender 2007-421001T Scott SCBA Air Packs and Accessories Tender Opening: 2:30 P.M., Wednesday, April 18, 2007 2 "d Floor Boardroom, 175 Rothesay Avenue Qty Description Safety Source Ltd Acklands Grainger Levitt Safety Century Vallen 12 Scott SCBA Air Packs and Accessories $3040.00 / Each $3214.82 / Each $3778.90 / Each $3185.65 / Each Total Cost $36,480.00 * $38,577.84 $45,346.80 $38,227.80 * Indicates Recommendation REPORT TO COMMON COUNCIL M & C — 2007 -115 20 April 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Road Grader BACKGROUND: Tenders closed Wednesday March 281h for the supply of a medium sized road grader necessary to replace vehicle 677, a 1982 John Deere Grader. f City of saint J1--oh iI This machine when delivered will be complete with a quick connect system to allow for the fast and efficient attachment of a plow and wing assembly to the front of the grader, thus allowing for year round operation as a snow plowing unit. ANALYSIS: Four companies responded to the public tender call by submitting bids. Staffs of the Municipal Operations and Materials and Fleet Management divisions have reviewed the tenders and have found them all to be complete. However an in depth review of the specifications for each machine offered shows that the Case unit, submitted by the lowest bidder, falls short of meeting the tender specs in a number of key areas. It is for this reason that staff cannot recommend award of this tender to other than the second lowest bidder, Wallace Equipment Ltd. The John Deere grader offered by Wallace meets all of the required specifications. A summary of the tenders received is enclosed for Councils information. Of note is the fact that the prices included on the summary are for the complete unit including the quick connect system, operating hydraulics and the plow and wing assembly. Page Two FINANCIAL IMPLICATIONS: The cost to replace vehicle 677 with a new, medium sized road grader c/w quick connect system and plow and wing assembly, if awarded as recommended, will be $228,500.00 plus tax. This is a planned expenditure, as a part of the 2007 fleet replacement program, and as such funds are available in the 2007 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Wallace Equipment Ltd. for the supply of a 2007 John Deere model 770D grader c/w with quick connect system, operating hydraulics and a front plow and wing assembly in the amount of $228,500.00, plus tax, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager Tender 2007-232005T Motor Grader Description Maritime Case Ltd Wallace Equipment Ltd. Strongco Equipment Atlantic Tractors & Equipment Ltd. 2007 Case 865 VHP Tier 111 2007 John Deere 770D 2007 Volvo 2007 Caterpillar Motor Grader G940 140H $218,035.00 ** $228,500.00 * $236,900.00 $245,000.00 Delivery 29 Weeks 8 Weeks 22 Weeks 12 -20 Weeks * Indicates Recommendation ** Does not meet Specification REPORT TO COMMON COUNCIL f City of saint I-oh n M & C — 2007-116 20 April 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Cargo Van BACKGROUND: A tender for one (1) only All Wheel Drive Cargo Van to replace vehicle 004 of the Fire Prevention and Investigation division of the Saint John Fire Department was called on April 11, 2007. This particular tender was delayed from the normal group of 2007 fleet replacement tenders as the Fire Department expressed a need to fully explore the current and future application of this vehicle. The current vehicle 004 is a 2000 Ford Explorer SUV which will be replaced, if awarded by Council, with a 2007 AWD cargo van which will better fulfill the needs identified by the Fire Department. This includes the need to remove debris and evidence from sites where further investigation is required and to transport various equipment needed by the Fire Prevention and Investigation Division. ANALYSIS: While staff followed standard tendering procedures when calling bids for an AWD Cargo Van, only one response was received. This is not unexpected as this is a specialized unit not readily available from most manufacturers. Staff of Materials and Fleet Management Division and The Saint John Fire Department have reviewed the bid submitted by Centennial Pontiac Buick GMC and have found it to be complete in every regard. Page Two FINANCIAL IMPLICATIONS: The cost of the AWD Cargo Van, if awarded as recommended, will be $31,570.00 plus tax. This cost includes the installation of a safety bulkhead between the driver and the cargo area and a power inverter necessary to operate certain additional equipment required. Funds to cover the cost to this AWD Cargo Van are included in the 2007 Capital Budget RECOMMENDATION: It is recommended that the tender of Centennial Pontiac Buick GMC, in the amount of $31,570.00, plus tax, for the supply of (1) one only AWD Cargo Van be accepted. Respectfully submitted, C� David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL M & C — 2007 -117 20 April, 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Asphaltic Concrete Mixes BACKGROUND: f City of saint J1--oh iI Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes. The purpose of this supply agreement is to establish a guaranteed source of supply using a fixed price tender. This product is employed by the Municipal Operations Dept. for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs and miscellaneous maintenance projects. In recent years bidders have been very vocal about the inequities placed upon them by the City's tender format. They argue that given the instability of the world market price for petroleum products it is impossible for them to predict in March or April what the cost of the petroleum they employ in the production of asphalt will be as we move into the peak demand period. In response to these concerns local provincial and municipal governments have been searching for a means or method that will allow suppliers to properly value the cost of their petroleum products while providing buyers a vehicle to protect themselves against opportunistic fluctuations. In 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Performance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint John has also adopted this approach for contract pricing. PAGE TWO BACKGROUND... Cont' d; MTO Performance Graded Asphalt Cement Price Index: The following is a brief overview of the price index formula create by the Ontario Ministry of Transportation and subsequently included in the tender call documents. A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cementibinder and will be calculated as follows if the price index between the two (2) months differs by more than 10% PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cementibinder price index for the month of tender opening P = PG asphalt cement /binder price index for the month of paving Q = Quantity of asphalt cement /binder in tonnes When P > 1.1 T, the Contractor receives additional payment as follows: PA= (P— LIT) xQ When P < 0.9 T, the Owner receives a credit as follows: PA = (0.9T — P) x Q ANALYSIS: There are traditionally two seasons for asphalt, the normal construction season when production is high and product is readily available and the pre and post construction seasons when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the preseason, another price for the construction season and if necessary a third price for the post season. Two suppliers responded to the City's tender call by submitting bids. A summary is enclosed for Council's consideration. Staff of Municipal Operations and Materials & Fleet Management have reviewed the tenders received and have found them all to be complete in every regard. Council will note, that the prices contained on the enclosed summary indicate that Lafarge Canada are low bidder for the construction season of May 15, 2007 through November 17, 2007 while Classic Construction is the lowest bidder before and after the construction season. The tender allows for award along these lines. PAGE THREE FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for the 2007 construction season, and using estimated quantities based on the 2006 actual usage and if awarded as recommended, will be approximately $435,961.00. It is understood that this is not a firm, fixed cost, as quantities are based on previous years estimates that are subject to change given available funding and as a result of the incorporation of the MTO Price Index. This is a planned expenditure and as such, funds to cover the cost are included in both the operating and capital budgets of the Municipal Operations Dept. RECOMMENDATION: It is recommended that the tender for the supply of asphaltic concrete mixes for the 2007 season be awarded to the lowest bidder in each case as indicated on the enclosed summary of bids. k, Y David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager City of Saint John Tender 2007- 561001T Asphaltic Concrete Mixes Tender Opening: 2:30 P.M., Wednesday, April 4, 2007 2 "d Floor Boardroom, 175 Rothesay Avenue Description Classic Construction Lafarge Canada 2006 Pricing Item Before Construction After Before Construction After Before Construction After No. Description Season Season Season Season Season Season Season Season Season 1 BASE TYPE B, $69.50 * $69.50 $69.50 * $85.25 $63.75 * $103.50 $63.50 $55.25 $63.50 25MM BASE 2 SURFACE TYPE D, $71.50 * $71.50 $71.50 * $88.75 $68.35 * $106.00 $65.50 $58.15 $65.50 12.5 MM SURFACE 3 SURFACE TYPE E, $73.50 * $73.50 $73.50 * $90.75 $69.75 * $108.00 $65.50 $59.50 $65.50 9.5 MM SURFACE 4 CURB MIX $73.50 * $73.50 $73.50 * $90.75 $69.75 * $108.00 $65.50 $59.00 $65.50 * Indicates Recommendation REPORT TO COMMON COUNCIL M &C2007 -110 April 19, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2007 -13: BAY STREET CULVERT INSTALLATION BACKGROUND r The City of Saint John This Contract consists of a project that is approved in the 2007 General Fund Capital Program as follows: 1. Install a new 2400mm culvert pipe across Bay Street, 25m long, to replace an existing culvert which is too small to convey the storm water flow from the catchment area that includes new residential development. Remove the existing 1400mm concrete arch culvert and headwalls. New guide rail will be added to the existing length already there. TENDER RESULTS Tenders closed on April 18, 2007 with the following results: 1) Fairville Construction Ltd. $123,510.00 Saint John, NB 2) Keel Construction Ltd. $124,536.95 Saint John, NB 3) Galbraith Construction Ltd. $137,287.40 Saint John, NB 4) Gulf Operators Ltd. $1403470.65 Saint John, NB 5) Valley Excavation Services Inc. $1423911.54 Saint John, NB The Engineer's estimate for the work was $155,782.40. M &C2007 -110 April 19, 2007 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the low 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 $100,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $117,997.45, including the City's eligible HST rebate - a $17,997.45 difference in the General Fund Capital Program, storm sewer category. This difference can be managed within the program envelope. RECOMMENDATION It is recommended that Contract 2007 -13: Bay Street — Culvert Installation be awarded to the low tenderer, Fairville Construction Ltd., at their tendered price of $123,510.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (=L V�� J.M. Paul Groody, P. Eng. K3 Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL 6�11 aff:06mfillrmlllll April 12, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2007 -19: ALBERT STREET AND ELGIN STREET STREET RECONSTRUCTION I 1XITO lWrVT1DKff The City of sain[ John This Contract consists of projects that are approved in the 2007 Water & Sewerage Capital Program and under the 2007 General Fund Capital Program as follows: 1. A 200mm sanitary sewer on Elgin Street, from Newman Street to Victoria Street, to replace an existing sanitary sewer which is in poor condition. 2. A 200mm watermain on Elgin Street, from Newman Street to Victoria Street, to replace an existing watermian which is in poor condition. 3. A street reconstruction on Elgin Street, from Newman Street to Victoria Street, which includes excavation, backfill, curb, sidewalk, landscaping, and paving. 4. A street reconstruction on Albert Street, from Newman Street to Victoria Street, which includes excavation, backfill, curb, sidewalk, landscaping, and paving. TENDER RESULTS Tenders closed on April 11, 2007 with the following results: 1) Galbraith Construction Ltd. $2613686.00 Saint John, NB 2) Fairville Construction Ltd. $267,843.80 Saint John, NB 3) Valley Excavation Services Inc. $3147195.02 Saint John, NB The Engineer's estimate for the work was $289,112.00. M &C2007 -101 April 12, 2007 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against four different capital work projects. Assuming award of the Contract to the low 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 $330,000.00 was provided in the budgets and that the projected completion cost of the project included in the Contract is estimated to be $239,293.84, including the City's eligible HST rebate - a $ 60,884.43 positive difference in the Water & Sewerage Utility Fund Capital Program and a $29,821.73 positive difference in the General Fund Capital Program. RECOMMENDATION It is recommended that Contract 2007 -19: Albert Street and Elgin Street — Street Reconstruction be awarded to the low tenderer, Galbraith Construction Ltd., at their tendered price of $261,686.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. submitted, J.M. Paul Groody, P. ng. Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -103 April 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT: HILLCREST ROAD — ROAD RECONSTRUCTION BACKGROUND -.7 The City of Saint Tohn The approved 2007 General Fund Capital Program — Transportation category includes a project for the design and reconstruction of Hillcrest Road between Grahams Brook and Civic #829. The project includes the funding necessary to engage engineering 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 • Inspection Services and Construction Management. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On February 12, 2007 (M &C 2007 -29) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Hughes Surveys and Consultants Inc. to carry out design and construction management services for the Hillcrest Road — Road Reconstruction project. M & C 2007 -103 April 18, 2007 Page 2 On March 1, 2007, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Hughes Surveys and Consultants Inc. In response, Hughes Surveys and Consultants Inc. submitted a proposal on March 27, 2007. 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, Municipal Engineering Kevin O'Brien, P.Eng. Operations Manager, Transportation David Logan, C.P.P.B. 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 Hughes Surveys and Consultants Inc. proposal. The upset price contained in the proposal was also evaluated by the committee and the committee agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Hughes Surveys and Consultants Inc. 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 Hughes Surveys and Consultants Inc. to provide design and construction management services is approximately $47,833.75 including the City's eligible HST rebate. An amount of $350,000.00 was included in the 2007 General Fund Capital Program for design, construction management and construction. Engineering fees to cover the cost of design and construction management generally range between 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 13.7 % of the total overall project cost, which is considered reasonable given the nature of the project. M & C 2007 -103 April 18, 2007 Page 3 RECOMMENDATION It is recommended that the proposal of Hughes Surveys and Consultants Inc. for engineering services (design and construction management) for the Hillcrest Road — Road Reconstruction project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -112 April 19, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Rural Road Upgrades Program M. The City of Saint John Staff is preparing a report for Council that will recommend improved policy and processes associated with the Rural Road Upgrades Program. Communicated in the past, most recently at Council's last Regular Meeting via an update on the status of Greenwood Lane (M &C 2007 -89), has been the need to address significant infrastructure and land issues on rural roads in this city. Considering improvements to such an extensive program requires input from several City departments. This input is ongoing but further analysis from these various departments is necessary before the report can be finalized. The recommended improvements to this program are now planned for presentation at the May 7, 2007 Regular Meeting of Council. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner, Municipal Operations City Manager M & C 2007 -119 April 20, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Easement - Kean Road BACKGROUND: In 1995 the City acquired land and easements necessary for the construction of the Western Beaches Sanitary Sewer project. The project has been completed and is ensuring that sanitary sewage is being properly treated for large part of the West Saint John. It has now come to light that a subdivision plan prepared for one of the transfers depended on a plan dating from 1912 incorrectly illustrated the extent of the lands purchased. While the installed pipes are not located in the area under dispute, it is clear that the City should obtain an easement of this area to ensure the infrastructure can be worked on if necessary in the future. The applicant is agreeable to providing an easement if the City were to provide a release to the disputed area. Municipal Operations and Engineering is satisfied with this approach and the Legal Department has prepared the following resolution to affect the agreement. RECOMMENDATION: That the City release all of its ownership in the lands conveyed to Marion C. Hughes by Deed registered in the Saint John County Registry Office as No. 180943 in Book 374 at Page 134 upon condition that she convey to the City an easement for municipal services approximately 15 feet wide through that portion of her lot commencing at the eastern end of the common right of way and extending eastwardly to the conventional line at the brook and that the Mayor and Common Clerk execute all necessary documents. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development JRB /mmf Terrence Totten, F.C.A. City Manager Report to Common Council April 20, 2007 Page 2 REPORT TO COMMON COUNCIL April 23, 2007 �� 711c 04v trf 5�im.lphn M &C #2007 -221 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council SUBJECT: APPROVAL TO TRAVEL Pursuant to Council's resolution of April 10th, the City Manager is seeking Council's approval to travel to Halifax sometime in the next few weeks as his schedule permits. The purpose of this short trip is to meet with representative of Public Works and Government Services Canada at their request to discuss the valuation of the Coast Guard Site. RECOMMENDATION: That approval be granted. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER M & C — 2007 — 107 April 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates 1490 Manawagonish Road and 85 Hayes Avenue BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Stacey Murray/ 1490 Mana- "SC" 66SC -2" To permit Murray's Pub wagonish Rd a lounge Wayne McGaughey 85 Hayes Ave "RS -2" `B -2" To permit a repair garage RECOMMENDATION: That Common Council schedule the Public Hearings for the rezoning applications of Stacey Murray/Murray's Pub (1490 Manawagonish Road) and Wayne McGaughey (85 Hayes Avenue) for Tuesday, May 22, 2007 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager ,x,13 Tuesday, April 17, 2007 Mayor and Council City of Saint John c/o Patrick Woods City of Saint John Re: Canada Games Stadium - Redevelopment Dear Mr. Woods On behalf of the Canada Games Stadium Re- development Committee a sub committee of the Recreation Implementation Committee we would like to request an opportunity to appear before council for an exciting update about this project and our plans for moving the project forward. Our preference would be to appear for a short public presentation on May 7`h. Please let us know if we can be added to the agenda. We know this is short notice but we have some unique opportunities that are time sensitive. Again, please accept our sincere appreciation for your assistance and support of the Recreation Committees. Sincerely, By e-mail John Higgins Bill MacMackin N. B. DAY PARADE COMMITTEE C/ O FRED LITTLE Saint John West Business Association 23 Main Street West Saint John, N.B. E2M 3M9 Bus Phone (506) 672 -8845 Home (506)738 -0990 April 116, 2007 To: Your Worship and Council Members, The New Brunswick Day Parade is being held again on August 6th, 2007 on the West Side of Saint John. The theme for this year's parade will be "A DEMONSTRATION OF ACTIVE LIVING FOR FAMILIES AND FRIENDS" remembering that strong families and close friends build strong communities. This year we hope to see many groups from Saint John such as Judo clubs, dance schools, cheerleading, aerobics, senior citizens as well as the Carleton Community Center taking an active part in the parade as well as giving demonstrations at the Peter Murray Arena after the parade is over. This will be from 2:30- 5:00pm The parade as always will begin at 1:00 pm from the old Provincial Hospital site on Lancaster Ave and proceed along Main Street west, Church Ave to Dever Road and into the Peter Murray Arena. At the Arena we will have demonstrations, booths and refreshments for all. We are planning to have booths set up, local bands in the parade and possibly the Gagetown cadet band to come again. I am asking that you might consider a donation of $ 1,000.00 to assist in the parade as you have in the past two years. Thank you for your consideration in this request Sincerely -� Fred Li e Chairperson N.B. Day Parade Committee 791 E The City of Saint John Norm McFarlane Mayor's Office Bureau du maire lr , SAINT JOHN PROCLAMATION WHEREAS: multiple sclerosis is a chronic, often disabling neurological disease affecting an estimated 55,000 - 75,000 Canadians; and WHEREAS: multiple sclerosis symptoms vary widely and may lead to problems with numbness, coordination, vision and speech, as well as extreme fatigue and even paralysis; and WHEREAS: there is no known cause of, or cure for multiple sclerosis; and WHEREAS: the Multiple Sclerosis of Canada founded in 1948, is the only national voluntary organization in Canada that supports both MS research and services for people with MS and their families; and WHEREAS: the Multiple Sclerosis Society of Canada has provided more than $68 million for MS research during the past 50 years, as well as a wide range of services for people with MS and social action; and WHEREAS: the dedication and commitment of the supporters and volunteers here today could only make this possible; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby claim this month of May to be MS Awareness Month for the Multiple Sclerosis Society of Canada. 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 1121411 I www.saintjohn.ca I C.P. 1971 PROPOSED MUNICIPAL PLAN AMENDMENT RE: SECONDARY ACCESS ROAD TO RED HEAD AREA PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: AMENAGEMENT DUNE VOIE D'ACCES SECONDAIRE DANS LE SECTEUR DE RED HEAD Public Notice is hereby given that the Common Avis public est donne, par la pre'sente, que le Council of The City of Saint John intends to conseil communal de The City of Saint John a consider an amendment to the Municipal 1'intention d'etudier la modification du plan Development Plan which would: d'amenagement municipal comme suit: Amend Schedule 4 -A, the Street Plan, by: Deleting the McAllister Drive Arterial Extension between Loch Lomond Road and Red Head Road; Adding a proposed Arterial Street Extension, the Red Head Secondary Access Road, from Old Black River Road to Canaport; adding an Arterial Street link between the Red Head Secondary Access Road and Red Head Road; • And designating as an Arterial Street a portion of Old Black River Road from Grandview Avenue to the Red Head Secondary Access Road Arterial. 2. Amend Part 4 by: Deleting paragraph 5 under the heading Saint John East Arterial Streets in Sub Section 4.3.2; • And adding the following in place of paragraph 5: "McAllister Drive is another north -south arterial which should also be extended north to intersect with the Throughway. "To respond to ongoing and proposed industrial development in the Mispec area, Old Black River Road is extended to provide a Red Head Secondary Access Arterial. This arterial would extend to Mispec to serve the existing Canaport facility, the Liquid Natural Gas Terminal, and a future second oil refinery proposed in that area. An arterial link from the Red Head Secondary Access Arterial is also provided to join the Red Head Road just beyond Red Head." 1. la modification de ('annexe 4 -A relative au plan d'amenagement des rues : en supprimant le prolongement de 1'artere de la promenade McAllister entre le chemin Loch Lomond et le chemin Red Head; • en ajoutant le prolongement de la rue arteiielle proposee, A savoir la voie d'acces secondaire an secteur de Red Head, du chemin Old Black River jusqu'A Canaport; en ajoutant une rue arterielle entre la voie d'acces secondaire au secteur de Red Head et le chemin Red Head; • et en designant comme rue arterielle une partie du chemin Old Black River, soit de l'avenue Grandview jusqu'A 1'artere de la voie d'acce's secondaire au secteur de Red Head; 2. la modification de la partie 4 : • en supprimant 1'alinea 5 sous la rubrique intitulee a Les rues arterielles du quartier Saint John Est » figurant au paragraphe 4.3.2; • et en ajoutant ce qui suit en remplacement de 1'aline'a 5: « La promenade McAllister est une autre artere nord -sud qui devrait egalement etre prolongee vers le nord afin de croiser la route de transit. u u Afin de repondre au developpement industrial continu et propose dans le secteur de Mispec, le chemin Old Black River est prolonge pour fournir une artere d'acces secondaire au secteur de Red Head. Cette artere se prolongerait jusqu'A Mispec afin de desservir les installations existantes de Canaport, le terminal pour 1'exploitation du gaz naturel liquefie at une deuxieme raffinerie de petrole proposee. Un lien arteriel partant de 1'artere d'acces secondaire au secteur de Red Head joindra le chemin Red Head juste au -dela de Red Head. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 23, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To allow for a Secondary Access Arterial Street to the Red Head residential area and to provide for appropriate current and future road access to industrial and port uses in the Canaport area. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 23, 2007. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L1 658 -2862 Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 23 avril 2007 dans la salle du conseil de 1'h6te1 de ville, au niveau du hall d'entree. MOTIFS DE LA MODIFICATION: Pour permettre I'amenagement d'une rue arterielle d'acce's secondaire visant a joindre la zone residentielle de Red Head et pour fournir un bon acc6s routier actuel et futur aux zones industrielles et portuaires Situees dans le secteur de Canaport. Veuillez faire part au conseil par ecrit de vos objections au projet de modification an plus lard le 23 mai 2007 a Pattention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du grefficr communal on au bureau de l'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 It 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: SECONDARY ACCESS ROAD TO RED HEAD AREA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1, Amend Schedule 4 -A, the Street Plan, by: • Deleting the McAllister Drive Arterial Extension between Loch Lomond Road and Red Head Road; Adding a proposed Arterial Street Extension, the Red Head Secondary Access Road, from Old Black River Road to Canaport; adding an Arterial Street link between the Red Head Secondary Access Road and Red Head Road; • And designating as an Arterial Street a portion of Old Black River Road from Grandview Avenue to the Red Head Secondary Access Road Arterial. 2. Amend Part 4 by: Deleting paragraph 5 under the heading Saint John East Arterial Streets in Sub - Section 4.3.2; • And adding the following in place of paragraph 5: "McAllister Drive is another north -south arterial which should also be extended north to intersect with the Throughway. "To respond to ongoing and proposed industrial development in the Mispec area, Old Black River Road is extended to provide a Red Head Secondary Access Arterial. This arterial would extend to Mispec to serve the existing Canaport facility, the Liquid Natural Gas Terminal, and a future second oil refinery proposed in that area. An arterial link from the Red Head Secondary Access Arterial is also provided to join the Red Head Road just beyond Red Head." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 23, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To allow for a Secondary Access Arterial Street to the Red Head residential area and to provide for appropriate current and future road access to industrial and port uses in the Canaport area. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 23, 2007. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E21, 4L1 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: AMENAGEMENT DUNE VOIE D'ACCES SECONDAIRE DANS LE SECTEUR DE RED HEAD Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ]'intention d'etudier la modification du plan d'ame'nagement municipal comme suit 1. la modification de ]'annexe 4 -A relative au plan d'ame'nagement des rues : • en supprimant le prolongement de ]'artere de la promenade McAllister entre le chemin Loch Lomond et le chemin Red Head; • en ajoutant le prolongement de la rue arterielle proposae, a savoir la voie d'acce's secondaire au secteur de Red Head, du chemin Old Black River jusqu'a Canaport; en ajoutant une rue arterielle entre la voie d'acces secondaire au secteur de Red Head et le chemin Red Head; • et en designant comme rue arterielle une partie du chemin Old Black River, soit de ]'avenue Grandview jusqu'a ]'artere de la voie d'acces secondaire au secteur de Red Head; 2. la modification de la partie 4 : • en supprimant l'alinea 5 sous la rubrique intitule'e « Les rues arterielles du quartier Saint John Est » figurant au paragraphe 4.3.2; • et en ajoutant cc qui suit en remplacement de 1'alinea 5 a La promenade McAllister est une autre artere nord -sud qui devrait egalement titre prolongee vers le nord afin de croiser la route de transit. » a Afin de repondre au developpement industrial continu et propose clans le secteur de Mispec, le chemin Old Black River est prolonge pour fournir une artere d'acces secondaire au secteur de Red Head. Cette artere se prolongerait jusqu'e Mispec afin de desservir les installations existantes de Canaport, le terminal pour ['exploitation du gaz nature) liqu6fie et une deuxieme raffinerie de petrole propos6e. Un lien arteriel partant de ['artere d'acces secondaire au secteur de Red Head joindra le chemin Red Head juste au -dela de Red Head. » Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 23 avril 2007 dans la salle du conseil, au niveau du hall d'entrae, a 1'h6tel de ville. MOTIFS DE LA MODIFICATION: Pour permettre 1'ame'nagement d'une rue arterielle d'acce's secondaire visant a joindre la zone residentielle de Red Head et pour foumir on bon acce's routier actuel et futur aux zones industrielles et portuaires situe'es dans le secteur de Canaport. Vcuillez faire part au conseil par acrit de vos objections au projet de modification au plus tard le 23 mai 2007 a ]'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours ferias. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 6582862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506 ) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, April 10, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1. Amending Schedule 4 -A, the Street Plan, by: • Deleting the McAllister Drive Arterial Extension between Loch Lomond Road and Red Head Road; • Adding a proposed Arterial Street Extension, the Red Head Secondary Access Road, from Old Black River Road to Canaport; adding an Arterial Street link between the Red Head Secondary Access Road and Red Head Road; • And designating as an Arterial Street a portion of Old Black River Road from Grandview Avenue to the Red Head Secondary Access Road Arterial. 2, Amending Part 4 by: • Deleting paragraph 5 under the heading Saint John East Arterial Streets in Sub - Section 4.3.2; • • And adding the following in place of paragraph 5: "McAllister Drive is another north -south arterial which should also be extended north to intersect with the Throughway. "To respond to ongoing and proposed industrial development in the Mispec area, Old Black River Road is extended to provide a Red Head Secondary Access Arterial. This arterial would extend to Mispec to serve the existing Canaport facility and the Liquid Natural Gas Terminal. An arterial link from the Red Head Secondary Access Arterial is also provided to join the Red Head Road just beyond Red Head." - all as shown on the plan attached hereto and forming part of this by -law. ARRETE No C.P. 105 - ARRETE MODIFIANT VARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete relatif au plan municipal de The City of Saint John edicte' le 3 j anvier 2006 est modifie par : 1. la modification de ]'annexe 4 -A relative au plan d'amenagement des rues: • en supprimant le prolongement de ]'artere de la promenade McAllister entre le chemin Loch Lomond ct le chemin Red Head; • en ajoutant le prolongement de la rue arterielle proposee, a savoir la voie d'acces secondaire au secteur de Red Head, du chemin Old Black River jusqu'a Canaport; en ajoutant une rue arterielle entre la voie d'acces secondaire au secteur de Red Head et le chemin Red Head; • et en designant comme rue arterielle une partie du chemin Old Black River, soit de ]'avenue Grandview jusqu'a ]'artere de la voie d'acces secondaire au secteur de Red Head; 2. la modification de la partie 4 : • en supprimant 1'alinea 5 sous la rubrique intitulee a Les rues arterielles du quartier Saint John Est » figurant au paragraphe 4.3.2; • et en ajoutant ce qui suit en remplacement de l'alinea 5 : La promenade McAllister est une autre artere nord -sud qui devrait egalement titre prolongee vers le nord afin de croiser la route de transit. «Alin de repondre au developpement industrial continu at propose dans le secteur de Mispec, le chemin Old Black River est prolonge pour fournir une artere d'acces secondaire au secteur de Red Head. Cette artere se prolongerait jusqu'a Mispec afin de desservir les installations existantes de Canaport, de meme que le terminal pour ('exploitation du gaz naturel liquefie. Un lien arteriel partant de i'artere d'acces secondaire au secteur de Red Head joindra le chemin Red Head juste au- dela de Red Head. » - toutes les modifications sent indiquees sur le plan ci joint et font partie du present arrete. 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. 2007 and signed by: Mayor/Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le * jour de * 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi&me lecture PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 4 -A Modifiant annex 4 -A rr� t S • • • 5 �,a • .'W t �� G�ca • 0Y • �t • � f._ .... • .x �� gla ai • e • • • C+ Saint John Harbour c {uxffiwxy'y Love � C o Q rw Canaport y Proposed Arterial Street • • • • • Extension proposee de la rue Extension to be Deleted arterielle a supprimee Proposed Arterial Street Extension proposee de la rue Extension to be Added arterielle a ajoutee Applicant: The City of Saint John Location: Route secondaire Red Head Secondary Road / ch. Black River Rd. to/6 Red Head & Canaport Drawn By /Creee Par: David Couture Date Drawn /Carte Cree: March 28 mars, 2007 Recommended by P.A.C. /Recommande par Is C.C.U.: Enacted by Council /Approuve' par Is Conseil: Approved by Minister /Approuve par le Ministre: Filed in Registry Office /Enregistre le: Application for Amendment to Section 39 Resolution or Agreement Demande de modification en detail) de forme de chd%w ou de la resolution ou de Pentente relative a Particle 39 Applicant Related Information / Ren eignements sur le demandeur J Name of Applicant / Nom du demandeur Qt l ! C / Q Ra e C ©r IYII e l' Mailing Address of Applicant / Adresse postale du demandeur 5 Quet i C ©u r'f St / of ,John 1 &6 Postal Code / Code postal Telephone Number / Numero de tdldphone: 1 Home / Domicile 4 9 e3 ` '7 5 "/ Work / travail /V / fi Fax Number / Numero de telecopieur 'as- 10 hone, 4c %JV t ) Name of Property Owner (if different) /Nom du proprietaire (si different) / ' I of Sso, ( drn A tf- + Hark 7C IQYS Postal Code / Code postal�C/V Existing Resolution / Rksolution actuelle Date of Resolution to be Amended / Date de la resolution A modifier Location / Emplacement r� ) ) ( LOCj C a jry1&Yd KQ' q�4- 55'Oa 1 -7 5-6 Civic No. / No de voirie Street / Rue PID / NIP Applicant's Interest in Property / Interet de demandeurs dan la propriete What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entierement cote illustrant votre proposition. (Decrire la proposition en detail) 57 eJ( A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci joint des frais de 300 $ sous forme de chd%w ou de mandat -poste libelle a I'ordre de The City of Saint John. Signature of Applicant/ Signature du Date Signature of the owner must be included. / Lasignature due proprietaire doit el Signature of Owner (if applicable) / signature du proprietaire (s'il y a lieu) - Date BUILDING SKETCH 2117 Loch Lomond Road 4'B" / 1976 Pyramid Mobile Home. Family. LFA 905.32 Sq. Ft. Ft, Reg. Size) 29'3" ood D= ing 11 6 rch 77S 21.7 Sq.r'. _ Y/ L 3D'7" r Blocked And Skirted. Framed, Single Actual Size. (14' x 68' - 952 Sq. 64'8" 100 q Ab t Led Yl1f Yl l YiO1VIe R, No JC6K Or ?°r `-h a n rb (o ey( ed s k t f tom.. cx v" a rvt� S e as pre v lo cVS � erne PROPOSED SECTION 39 AMENDMENT RE: 2117 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, April 23, 2007 at 7:00 p.m., by: Amending the Section 39 conditions imposed on December 1, 1997 in conjunction with the rezoning of a parcel of land having an area of approximately 4073 square metres, located at 2117 Loch Lomond Road, also identified as being a portion of PID No. 55081756, as illustrated below, to either extend or remove the deadline by which a mobile home is to be removed from the site. (INSERT MAP) PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 2117, CHEMIN LOCH LOMOND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lots de la reunion ordinaire qui se tiendra le lundi 23 avril 2007 A 19 h dans la salle du conseil en apportant les modifications suivantes : Modification des conditions impose'es en vertu de Particle 39, le let decembre 1997, conjointement avec le rezonage d'une parcelle de terrain situee au 2117, chemin Loch Lomond, d'une superfrcie d'environ 4 073 metres carre's et faisant partie du terrain portant le NID 55081756, comme le montre la carte ci- dessous, pour prolonger ou supprimer I'echeance par laquelle one maison mobile doit titre retiree du site. (INSERER LA CARTE) REASON FOR CHANGE: MOTIFS DE LA MODIFICATION: To permit the placement of a mobile home on a Pour permettre 1'installation temporaire dune temporary basis. maison mobile sur ladite propriete. 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. Toute personne interestee peat examiner la modification proposee au bureau du greffrer communal ou au bureau de l'urbanisme et du de'veloppement a 1'h6tel de ville situe' au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours feries. Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de to the undersigned at City Hall. modification par ecrit a 1'attention du soussigne a 1'h6te1 de ville. J. Patrick Woods, Common Clerk 658 -2862 J. Patrick Woods, greffier communal 658 -2862 ,�z City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account 0 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) '" SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, March 27, 2007 Tuesday, April 17, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 April 20, 2007 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 2117 Loch Lomond Road On March 26, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 17, 2007 meeting. The property owner, Mz. Melissa Cormier, appeared before the Committee in support of his application and expressed agreement with the staff recommendation. No one else appeared before the Committee with objections or concerns regarding the application, however two letters were received indicating opposition to the placement of a mobile home on a permanent basis. Both letters state that the temporary placement of a mobile home on the subject site is acceptable, although one of the letters states that a three -year time extension of the deadline for removal of the mobile home would be appropriate. After considering the presentation, the attached staff report, and the letters from neighbouring property owners, the Planning Advisory Committee adopted the recommendation set out below, which is a revision of the recommendation contained in the staff report. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the December 1, 1997 rezoning of the property situated at 2117 Loch Lomond Road, also identified as being a portion of PID 55081756, by extending the deadline by which a single- family dwelling must be constructed on the premises to January 1, 2018 on the condition that the mobile home must be occupied by a family member of the property owner or must be removed. Respectfully submitted, Stephen Horgan Chairman PF /pf Attachments DATE: APRIL 13, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 17, 2007 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Patricia Cormier Name of Owner: Melissa Cormier and Mark Peters Location: 2117 Loch Lomond Road PID: 55081756 Municipal Plan: Low Density Residential Zoning: "RS -1 M" One and Two Family and Mobile Home Suburban Residential Proposal: To locate a mobile home for a temporary period. Type of Application: Amendment to Section 39 Conditions. JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, April 23, 2007. Patricia Cormier Page 2 2117 Loch Lomond Road April 13, 2007 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the December 1, 1997 rezoning of the property situated at 2117 Loch Lomond Road, also identified as being a portion of PID 55081756, by extending the deadline by which a single- family dwelling must be constructed on the premises to January 1, 2018. BACKGROUND: In June of 1980, Common Council approved a request to locate a mobile home on the site for a temporary period not exceeding one year'. The mobile home was intended for use by the current applicant's mother -in -law. Two one -year extensions were granted in 1981 and 1982. Our Department's records do not indicate any subsequent extensions however a mobile home was still present on the site in 1997. At that time, the current applicant owned the property and desired to convey it to her daughter, who resided in the mobile home with her grandfather. In order to obtain a mortgage, the financial institution required confirmation that the mobile home conformed to the Zoning By -law. To obtain this confirmation, an application was made to rezone the property to "RS -1 M" One and Two Family and Mobile Home Suburban Residential. On December 1, 1997, the applicant was successful in having the property rezoned, however Common Council imposed as a condition under Section 39 of the Community Planning Act that a single- family dwelling be constructed on the site by January 1, 2008. The mobile home has been removed and the site is currently vacant. The applicant's daughter presently owns the land as well as the adjacent property at 2123 Loch Lomond Road, where she resides. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to this application. Building and Technical Services indicates that they have no record of a building permit ever being obtained for placing a mobile home on the property. Saint John Transit advises that they have no opinion on this matter. ' Common Council has the authority under Section 27 of the Mobile Home Parks By -law to permit the placement of a mobile home on a lot regardless of the zoning provisions. Patricia Cormier Page 3 2117 Loch Lomond Road April 13, 2007 Saint John Energy has no objections to the proposed amendment as long as the site remains as one property. Otherwise, an easement will be required to allow their facilities to be located on the property. Fire Department has no objection to the continued placement of a mobile home on this property. N.B. Department of Public Health and Wellness has been advised of the application. ANALYSIS: Site and Neighbourhood The subject site is situated off of Loch Lomond Road near the intersection with Wayne's Way in Greenwood. The property is comprised of two adjacent lots: 2123 Loch Lomond Road, where the applicant's daughter has her home, and 2117 Loch Lomond Road, which is currently vacant but which previously contained a temporary mobile home for the applicant's father -in -law. Both of these lots are landlocked and have their own access via a remnant parcel that was previously believed to have been a reserved road. The owner of the remnant parcel is Eire Holdings Inc., who is also the owner of the nearby Guardian Drugs pharmacy. Other than the pharmacy and two churches (St. James Anglican and the Bayside Congregation of Jehovah's Witnesses), the surrounding area is comprised primarily of unserviced single - family homes. Proposal The applicant is experiencing long -term medical problems and has requested permission to temporarily locate a mobile home on the vacant property adjacent to her daughter's single - family dwelling. The proximity to her daughter would allow a degree of supervision while the separate dwelling affords a degree of privacy and independence. The mobile home in question measures 4.6 metres x 23 metres (15 feet x 75 feet) and is currently located at 5 Quail Court in the Morland Mobile Home Park. The mobile home at its present site has been well - maintained by the owner. The structure has a gable roof and colour - coordinated skirting has been installed. The existing Section 39 conditions prevent a mobile home from being placed on the property after January 1, 2008. In order permit the applicant's proposal, this deadline must either be extended or removed. To be consistent with the original condition, staff is suggesting another ten -year period for consideration. Further extensions can be applied for if necessary. Visibility from the Surrounding Area Patricia Cormier Page 4 2117 Loch Lomond Road April 13, 2007 It is not anticipated that the mobile home would be visible from the public street as it would be located approximately 82 metres (270 feet) from Loch Lomond Road and screened by high vegetation along the eastern and south - eastern property boundaries. The remainder of the subject property is covered with mature trees and there are no dwellings to the north or northwest of the mobile home. The mobile home would be most visible to the neighbours at 2109 Loch Lomond Road, Nelson and Theresa Walsh. However, there is some vegetation present to screen the mobile home from their view. Existing Access The remnant parcel (referred to in the Site and Neighbourhood section of this report) provides access to three properties: 2117, 2123, and 2127 Loch Lomond Road. While the property at 2127 Loch Lomond Road fronts directly onto the public street and has an existing driveway for additional access, the other two lots are landlocked. While this is an existing situation and does not prevent staff from recommending approval of a temporary development, there is substantial potential for permanent development of the vacant lands behind the subject site. The owners of the subject site are encouraged to pursue acquisition of the remnant parcel in order to secure access directly onto Loch Lomond Road for themselves, as well as to facilitate future development. CONCLUSION: The staff report prepared for the 1997 rezoning of the site indicated that rezoning the property with the Section 39 condition would be more convenient than seeking an annual renewal from Council but would be a departure from the Municipal Plan policies relating to mobile home development. While this continues to be the case, the site was rezoned and the current property owner has illustrated, through removal of the pre - existing mobile home, a willingness to comply with conditions imposed by Council. In addition, the mobile home would only be located on the site for a temporary period and adequate screening from adjacent properties is present. Consequently, an extension of the deadline can be supported. PF Project No. 07 -095 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT -1 '. \` A., \ Vt Y \ it RS \2 PID(s) /NIP(s): Subject Site /site en question: 55081756 Location: 2117, ch. Loch Lomond Road Date: April 2 / avril 2, 2007 Scale /echelle: Not to scale /Pas a 1'echelle BUILDING SKETCH 2117 Loch Lomond Road 29'3" am4'8" 8 � � /food D> ing Porch - 221.7 Sq5.77 S N t. r 30'7" GG� 1976 Pyramid Mobile Home. Blocked And Skirted. Framed, Single �J Family. LFA 905.32 Sq. Ft. Actual Size. (14' x 68' - 952 Sq. Ft. Reg. Size) 64'8" )Spoy {ri�eLeaf n't ome. No deCKorp0 re- h a(1 S stefs ('j(0 Coed et- sk irtea . F ra.,rned,.5injC SC,me Site CL revtous �ome 04/16/2007 21:51 FAX Erie Holdings April 16, 2007 Planning and Advisory Committee City of Saint John PO Box 1971 Saint John, NB EX 4L1 Re: Proposed Amendment to section 39 Conditions: 2117 Loch Lomond Road Dear Sir/Madam: "I This letter is to express our view pertaining to the proposed rezoning of the parcel of land located at 2117 Loch Lomond Road. The land Currently maintains a temporary zoning of RS-1M with an expiration date of January 1, 2008. The owner is now requesting either an extension to this exception or permanent rezoning. The immediate surrounding land is zoned RS-1 and current development has been either one or two storey homes. The anticipated growth in Saint John over the next few years would suggest opportunities for further residential development in the Loch Lomond area. As such, vie would like to ensure the existing integrity of the area is maintained. On this basis, we oppose permanent rezoning to RS-1M as it establishes a precedent for mobile home development However, on the basis of compassionate grounds we favor an extension of temporary RS-1M rezoning to be reevaluated on a three year interval. Sincerely, Vielle Ludt Erie Holdings udianne Luck Erie Holdings Planning Advisory Committee City of Saint John P. O. Box 1971 Saint John, NB E21, 4LI ATT: Patrick Foran v&DAEV� APR 13 2007 RE: Proposed Amendment to Section 39 Conditions 2117 Loch Lomond Road SAP6 April 13, 2007 We have no objection to the placement of the proposed mobile home on a temporary basis but we do object to it being left there on a permanent basis. Donovan Arthur J. Loch Lomond ••.. Saint John, NB 506- 696 -4358 Anna M Donovan 2151 Loch Lomond Road Saint John, NB 506- 6964358 Application for a Zoning By -law Amendment Demande de modification it Parrett sur le zonage Applicant Related Information / Renseignements sur le demandeur e. of applicant / Ad&esse postale du demandeur l � : �zsr� 7w6 Home / Domicile 5 �R Fax Number / Num6ro de t6l6copieur Work / Travail JC Sd G 4GSv " 0 / 51 Name of Property Owner (if different) / Nom du propridtaire (si different) Wer$47 -TZT, ?'a Property Information / Renseignements sur la proprikk Location/ Civic # / No de voirle Street / Rue / PID / NIP Lot Area / Superficie du lot Street Frontage / Fap°de suer rue S ee�e- a c4 AIM Z41 Existing Use of Property / Utilisation acurelle de Is propridtk UQ c a. A w4 , /� o Municipal Plan land Use Designation Designation de utilization des terns sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel //C 1 / P Change Zoning to / Modification du zonage 9 and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) Development Proposal / Proposition d'aminagement Description of proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property; the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Pous devez foumir un plan du site d 1'echelle illustrant votre proposition. Yous pouvez dgalement fournir des photographies, des plans de batlment, des dessins de plan d 6leivation et route auire forme de renseignemeni. Le plan dolt indrquer les dimensions de In proprla i, 1'emplacement de la totalitt des bettiments, des alkes, des acres de statronnement, des ameinagements paysagers et des panneaux de signalisadon. It est important d'indrquer la distance entre les limites de la propriN et les bdtiments. IN . T . ... JWI deGYtu Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement conoemant votre proposition qui pourrait @tre utile. 1 $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 S Ifyou are not the owner ofthe 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 propricrtaire (s'il y a Si vous n'etes pas le propridtarre du terrain en question, veuillez obtenir la signature du proprreitaire dans la partie ci- dessous. La signature du propriftire autonsant le traitement de to priseme demande pour que cene dernie3re ie par le consei c %u (� :714eli, , /�. 1%�w Date: Z /140t� PROPOSED ZONING BY -LAW AMENDMENT RE: 1967 MANAWAGONISH ROAD Public Notice is hereby given Council of The City of Sam consider amending The City of By -law at its regular meeting Council Chamber on Monday, 7:00 p.m., by: that the Common John intends to Saint John Zoning to be held in the April 23, 2007 at Rezoning a parcel of land located at 1967 Manawagonish Road, having an area of approximately 5910 square metres, also identified as being a portion of PID No. 55166177, from "R- JA" One Family Residential to "TH" Townhouse, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To carry-out a serviced residential subdivision consisting of townhouses. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1967, CHEMIN MANAWAGONISH Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ]'intention d'etudier la modification suivante de Parr &6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 23 avril 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 5,910 metres carres, situee au 1967, chemin Manawagonish, et etant une partie du NID 55166177, de zone residentielle — habitations unifamiliales <<R -IA» a zone de maisons en rangee <TH ", comme Pindique la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Creer un lotissement residentiel desservi compose de maisons en rangee. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du developpement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf lesjours feries. Veuillez faire parvenir vos objections an projet de modification par ecrit a I'attention du soussigne a l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 �� ;� i ;' i `,' ;� PROPOSED ZONING BY -LAW AMENDMENT RE: 1967 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 Monday, April 23, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 1967 Manawagonish Road, having an area of approximately 5910 square metres, also identified as being a portion of PID No. 55166177, from "R -1A" One Family Residential to "TH" Townhouse, as illustrated below. 1'indique la carte ci- dessous. (INSERT MAP) REASON FOR CHANGE: To carry-out a serviced residential subdivision consisting of townhouses. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE VARRETE SUR LE ZONAGE OBJET: 1967, CHEMIN MANAWAGONISH Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ('intention d'etudier la modification suivante de I'arr6te sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 23 avri12007 a 19 It dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 5,910 metres carres, situee au 1967, chemin Manawagonish, et etant une partie du NID 55166177, de zone residentielle — habitations unifamiliales <<R -lA>> A zone de maisons en rangee a TH », comme 1'indique la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Creer un lotissement residentiel desservi compose de maisons en rangee. Toute personne interestee peut examiner le projet de modification an bureau du greffier communal ou au bureau de Purbanisme et du developpement A I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours feries. Vcuillez faire parvenir vos objections an projet de modification par ecrit A ('attention du soussigne A 1'h8tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City Bud et of Saint John use only: Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 27, 2007 Tuesday, April 17, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 Public Notice ® Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1967 Manawagonish Road, having an area of approximately 5910 square metres, also identified as being a portion of PID No. 55166177, from "R -IA" Residential to "TH" classification ARRETE N° C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arr6td Sur le zonage de The City of Saint John, ddcret6 le dix -neuf (19) decembre 2005, est modifid par: 1 La modification de Plan de zonage de The City rezonage d'une parcelle de superficie approximative de carres, situde an 19 Manawagonish, et 6tant une 1'annexe (<A», of Saint John, terrain d'une 5,910 metres 67, chemin partie du NID One Family 55166177, de zone residentielle — Townhouse habitations unifamiliales «R -IA>> ' zone de maisons en rangee « TH >> - 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. 2007 and signed by: Mayor/ Maire - routes les modifications sont indiqudes Sur le plan ci -joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal Sur le present arreW le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading - Troisie'me lecture April 20, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning and Subdivision 1967 Manawagonish Road (File) On March 26, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 17, 2007 meeting. The Developer, Stillmen Wilcox (Fundy View Estates Inc.), appeared before the Committee in support of the application and staff recommendation. Mr. Wilcox. however, did express concern with two aspects of the recommendation. He explained that while Jennifer Street may be further extended towards Manawagonish Road, that at the present time there was no plans to actually connect these two streets (please see 5(d) of the recommendation). Also, he would prefer not connect the proposed courts (Stacey and Naomi Courts) onto Manawagonish Road (please see 6(b) of the recommendation). There were six presentations made by residents of the Fundy View Estates Subdivision. They raised concerns with regards to the change of the proposed townhouse project, especially as it related to increased density and building height, proximity to common property boundaries, and that Day Drive would be connected directly to the townhouse development. There were two letters received expressing similar concerns. It should also be noted that there were also other concerns related to the developing Fundy View Estates Subdivision itself. The Developer later explained that the proposed townhouse development was similar to what the City had already approved back in 2003. While there was an increased density, which was necessary to make the project financially viable, the height of the proposed units had not changed. The buildings would still be one- storey buildings, but in order to be constructed on the sloping site most would have walk -out basements facing the Day Drive area. After considering all the presentations, letters and staff report, the Committee resolved to deny the application. This recommendation is set out below for your convenience. RECOMMENDATION: That this application be denied. Respectfully submitted, Carl Killen Third Executive Member DATE: APRIL 13, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 17, 2007 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Fundy View Estates Inc. Name of Owner: Fundy View Estates Inc. Location: 1967 Manawagonish Road (File) PID: 55166177 (portion thereof) Municipal Plan: Low Density Residential Zoning: Existing: "R -1 A" One Family Residential and "TH" Townhouse Proposed: "TH" Townhouse Proposal: To carryout a townhouse development along public and private streets. Type of Application: Rezoning, Subdivision and Variances that would: (a) Reduce the minimum side yard requirement of 3 metres (10 feet) to approximately 1 metre (3.3 feet); Fundy View Gardens Subdivision Page 2 1967 Manawagonish Road April 13, 2007 (b) Reduce the minimum lot depth requirement of 30 metres (100 feet) to a varying depth of 26.3 metres (86 feet) to 30.7 metres (101 feet); (c) Increase the maximum lot occupancy of 50% to approximately 56 %; and (d) Allow a dead -end street with a temporary gravel turnaround until such time the street is further extended. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, April 23, 2007. The Act authorizes the Committee to advise Common Council on subdivision developments, including the assent of streets and public easements, authorization of City/Developer Subdivision Agreements, and cost - sharing outside the limits of a subdivision. The Act also authorizes the PAC to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve lots abutting accesses other then public streets when advisable for the development of land. The By -law also authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 1967 Manawagonish Road, having an area of approximately 5910 square metres (63,617 square feet or 1.5 acres), also identified as being portion of PID No. 55166177, from "R-IA" One Family Residential to "TH" Townhouse. 2. That, if and when third reading is given to the rezoning application, that Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced Fundy View Gardens Subdivision tentative plan, including the proposed new public street (and extension), and any necessary municipal services and public utility easements. Fundy View Gardens Subdivision Page 3 1967 Manawagonish Road April 13, 2007 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. 5. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws that would: (a) Reduce the minimum side yard requirement of 3 metres (10 feet) to approximately 1 metre (3.3 feet) as generally illustrated on the submitted tentative subdivision plan; (b) Reduce the minimum lot depth of 30 metres (100 feet) to varying depths between 26.3 metres (86 feet) to 30.7 metres (101 feet) for Building Blocks F & G; (c) Increase the maximum lot occupancy of 50% to approximately 56% for Lots 2F- 3F & 2G -5G; and (d) Allow a dead -end street (Jennifer Street extension) with a temporary gravel turnaround until such time the street is extended to Manawagonish Road. 6. That the Planning Advisory Committee approve the private courts for the proposed townhouse development on the following conditions: (a) The private courts be constructed in accordance with detailed engineering plans, approved by the Chief City Engineer, illustrating an asphalt surface and concrete curbing, underground public utilities, and any necessary street lighting; (b) That the private courts situated along Manawagonish Road be designed in such a manner that they both abut said street; and (c) The subdivision plan(s) and individual deeds for all the proposed lots abutting private lanes indicate that these are private accesses that will not be maintained by the City of Saint John. 7. That the Planning Advisory Committee approve the new street names "Stacey Court" and "Julie Court." BACKGROUND: Fundy View Gardens Subdivision Page 4 1967 Manawagonish Road April 13, 2007 On June 17, 2003 the Planning Advisory Committee favourably considered a rezoning and subdivision application by the Developer (Fundy Project Management Inc. now known as Fundy View Estates Inc.) seeking permission to undertake a subdivision development consisting of one and two - family dwellings and townhouses (see attached tentatively approved Fundy View Estates Subdivision plan). The Committee granted a variance to allow Jennifer Street to be approximately 46 metres (150 feet) from the intersection of Gault Road along Manawagonish Road. Normally a separation distance of 60 metres (200 feet) is required. On July 7, 2003 Common Council gave third reading to the requested rezoning and provided all the necessary assents and approvals for the overall subdivision development. On August 12, 2003 the Committee favourably considered a further subdivision application by the Developer with respect to the townhouse development (see attached tentatively approved Seaview Garden Homes plan). The Committee approved the proposed private lanes, and Common Council later assented to the subdivision with all the necessary approvals. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this proposed rezoning and townhouse development. Municipal services can be provided in order to service the proposed lots. The proposed streets are acceptable. Engineering plans will be required with regards to the construction of the proposed streets. A temporary turnaround will be required for Jennifer Street (extension). It is expected that this turnaround can be constructed within the public street right -of -way. If necessary it could also be constructed on a portion of the adjoining Trustee Lands. Surface drainage will need to be carefully considered between the development site and adjoining residential lots along the south due to grade changes. Building and Technical Services has no concerns with regards to this application. Saint John Energy has overhead facilities along Manawagonish Road. An extension of facilities may be required in order to service the proposed lots, and such extension would be at the Developer's cost. Easements will be required in order to provide underground utilities to the proposed townhouses. Aliant Telecom and Rogers have been advised of this proposal. Maritimes & Northeast Pipeline has no concerns with regards to this proposed townhouse project. Fundy View Gardens Subdivision 1967 Manawagonish Road Page 5 April 13, 2007 Fire Department has no objection to the subdivision application, but has indicated that the street network would have to adhere to the following National Building Code Standard 3.2.5.6 Access Route Design which provides that the roads: • Have a clear width not less than 6 metres (20 feet), unless it can be shown that lesser widths are satisfactory; • Have a centerline radius not less than 5 metres (16 feet); • Have an overhead clearance not less than 5 metres (16 feet); • Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres (50 feet); • Be designed to support the expected loads imposed by fire fighting equipment and be surfaced with concrete, asphalt or other material designed to permit accessibility under all climate conditions; and • Be connected with a public thoroughfare. Furthermore, the Saint John Fire Department reserves the right to accept any turnaround area as provided by the Developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turnaround areas. Saint John Transit provides significant service along Manawagonish Road, and has no concerns with respect to this proposed housing project. N.B. Department of Transportation has no concerns regarding the rezoning of the subject property and proposed townhouse development. School Board has been advised of this proposal. ANALYSIS: Subiect Property and Neighbourhood The subject property is situated on the south side of Manawagonish Road in West Saint John (see attached location map). The subject site has an area of approximately 2.4 hectares (5.9 acres). The property has remained an open field that slopes away from Manawagonish Road. The former Anchor Light Motel is situated immediately to the northwest at 1989 Manawagonish Road (shown as Lot 03 -1 on the submitted revised plan). The large adjacent property also contains dwelling and several barns. To the west is a large pasture. Directly across the street ( Manawagonish Road) is a tall cellular tower. To the north and northeast are various light industrial businesses. To the south is the developing Fundy View Estates subdivision, which presently consists of two public streets (Day Drive and Jennifer Street) and sixteen (16) one- family residential lots. There are twelve (12) homes that have so far been constructed in this Fundy View Gardens Subdivision Page 6 1967 Manawagonish Road April 13, 2007 subdivision (with one new home presently under construction near the end of Jennifer Street). Four (4) homes are immediately adjacent to the subject site. Proposed Townhouse Development and Requested Rezoning A further rezoning and subdivision application has been received from the Developer seeking permission to enlarge the tentatively approved townhouse development area situated in this portion of the residential subdivision. By way of background, the City in 2003 approved a proposed townhouse development adjacent to Manawagonish Road that was to be known as Seaview Garden Homes (see attachments). Earlier that same year Common Council rezoned the subject area to "TH" Townhouse (as well as a large area adjacent to the Saint John Throughway). The previously proposed townhouse development was to consist of 5 buildings with a total of 22 units. Four of these buildings would access private streets (Stacy, Nichole, Niomi and Julie Courts). A central cul -de -sac public street ( Seaview Street) would provide access to the fifth building, as well as provide a means of access to Manawagonish Road for the private courts. While the Developer has proceeded with the Fundy View Estates Subdivision located behind the subject area, the anticipated townhouse project has not yet been undertaken. The Developer has indicated that the original proposal is not financially viable. Recently, a revised tentative subdivision plan has been received (see attached Fundy View Gardens Subdivision tentative plan). This revised plan is somewhat similar to the originally approved design. The project would still consist of a public street with private courts. There would still be 5 buildings in the original development area, but instead of 22 dwelling units there would now be 30 units (8 additional units). The revised plan now also proposes to construct a public street (Seaspray Drive) that would provide a secondary connection for the developing Fundy View Estates Subdivision to Manawagonish Road. Jennifer Street would also be further extended, in the future, over Lot 03 -1 (subject to private land negotiations). In addition to the original development area, the Developer is requesting to construct two further buildings (Building Blocks F and G) in order to create 10 more townhouse units along the west side of Jennifer Street (extension). This portion of the development site requires rezoning from "R -IA" One Family Residential to "TH" Townhouse. As mentioned the majority of the development site is already properly zoned for this project. The tentative subdivision plan can satisfy most of the Zoning and Subdivision By -law requirements. However, the following variances would be required: Fundy View Gardens Subdivision Page 7 1967 Manawagonish Road April 13, 2007 ■ A minimum side yard of 3 metres (10 feet) is required for the buildings. Only 1 metre (3.3 -foot) setback (or greater) is proposed. ■ A minimum lot depth of 30 metres (100 feet) is required for Building Blocks F & G. These lots have varying depths between 26.3 metres (86 feet) to 30.7 metres (101 feet). Please note the other buildings are technically considered Grouped One - Family Townhouses and are permitted to be less than this standard. ■ A maximum lot occupancy of 50% is required for Building Blocks F & G. Lots 2F -3F & 2G -5G has occupancies of approximately 56 %. ■ Allowance of a dead -end street (Jennifer Street extension) with a temporary gravel turnaround until such time the street is extended to Manawagonish Road. Normally dead - end streets are prohibited. Consideration of the Requested Rezoning and Variances The Municipal Development Plan has designated the subject area as Low Density Residential. This plan designation supports housing involving one and two - family dwellings and townhouses. There is a growing number of examples where such a mix of housing types have been successfully integrated, which has been planned for in this developing subdivision (see attachments). The application by the Developer to rezone and enlarge the originally approved townhouse development area along Manawagonish Road is consistent with the Plan designation and relevant policies, and would help to separate the existing and future one - family dwellings from a busy arterial street (i.e., Manawagonish Road). Notwithstanding the potential buffering that the enlarged townhouse development may offer to residents of the subdivision, concerns have been raised with regards to the increased density of the revised townhouse project. The Municipal Plan provides for an overall neighbourhood density of 38 dwelling units per net residential hectare (15 dwelling units per net residential acre) for low density areas. The proposal would only consist of 17 dwelling units per residential hectare (7 dwelling units per residential acre) for the development site (and even lower when including the adjoining low density residential subdivision). There have been other concerns raised by some residents. They include the connection of Jennifer Street to Manawagonish Road via Seaspray Drive (proposed). The previous proposal only included a public walkway (Land for Public Purposes dedication) and no a public street connection between Fundy View Estates Subdivision and the townhouse development. However, City staff supports the inclusion of a secondary access for this developing subdivision. While a further access is anticipated in future phases, it will require negotiations with adjacent property owners as well as City approval. Fundy View Gardens Subdivision Page 8 1967 Manawagonish Road April 13, 2007 Finally, concern has been raised with regards to the increased building height of the proposed townhouses. It should be noted that the previous reports and recommendations that were adopted by the Planning Advisory Committee and Common Council did not impose a height restriction on these future buildings. While the original proposal illustrates one - storey garden homes, the existing approvals would not prevent the construction of higher buildings if the Developer proceeded with the tentatively approved Seaview Garden Homes project. In discussing the matter with the Developer it was mentioned that the proposed buildings would still be one - storey but with a walk -out basement at the rear. The Developer should be able to clarify the exact nature of the building plans proposed with the original development and the revised proposal at the meeting. With respect to the requested variances, given the provision of Trustee Lands around the buildings the request for reduced side yards from property boundaries (that encompass the actual townhouse units themselves) can be recommended for approval. Municipal Operations and Engineering can support the provision of a temporary gravel turnaround for Jennifer Street, as it is expected in the future that the adjoining Lot 03 -1 would be further developed (likely with additional townhouse). If not, there is opportunity to construct a permanent turnaround, if necessary, within the proposed public right -of -way and/or adjoining Trustee Lands. This would need to be negotiated with Trustee Association if it ever became necessary. To insist on a permanent turnaround, in light of the future development potential of the area, is not recommended at this time. Finally, the variances relating to lot occupancy and lot depth are a result of shifting the proposed extension of Jennifer Street slightly to the west. This allows for an increased number of townhouse units for Building Blocks A & E. City staff has no objection to these variances in light of the overall design of the development. If these variances would not granted then the Developer would have to reduce the mentioned buildings in order to straighten the proposed street extension as originally illustrated. Approval of the requested rezoning and variances can be recommended. Provision of Street Work and Facilities The Developer will be responsible to construct the proposed new streets with an asphalt surface and concrete curbing. A concrete sidewalk will need to be constructed along the east side of Jennifer Street (extension) and along the south side of Seaspray Drive. Municipal services will need to be extended, and public utilities are required to be provided via an underground conduit system. There will also be a requirement for necessary street lighting. The Developer is requesting that the proposed courts be developed as private accesses. This was previously requested with the original townhouse project, and the same conditions requiring that Fundy View Gardens Subdivision Page 9 1967 Manawagonish Road April 13, 2007 these courts to be paved and enclosed with concrete curbing has been recommended. The subdivision plan(s) and deeds to these abutting lots will also need to clearly indicate that these courts will not be maintained by the City of Saint John. In order to enhance vehicular circulation it has also been recommended that Stacey Court and Naomi Court be redesigned so that they both abut (i.e., have direct access) Manawagonish Road. The recommendation includes all the necessary assents and approvals for the proposed development. As part of the work required by the Developer will be to ensure proper drainage of the development site, especially in the vicinity of Building Blocks A and B where a noticeable grade change exists in behind the residential properties. Land for Public Purposes The overall tentative approval plan for the subdivision provided for a significant Land for Public Purposes dedication towards the southern portion of the original property (see attachments). This dedication represents approximately 16 percent of the overall development area including the townhouse area. Common Council has already assented to this dedication, which will be acquired as future phases of Fundy View Estates Subdivision is undertaken. It is expected that there will still be a substantial credit that could be used by the Developer if development proceeds onto the adjoining land to the west. Street Naming The requested street names "Stacey Court" and "Julie Court" are sufficiently different in sound and spelling from other existing street names in the Saint John area. However, the other names "Naomi Court" and "Seaspray Drive" are not acceptable. At the time of preparing this report the Developer had not yet submitted more suitable names for approval. It is hoped that such names will be provided before the meeting. If this matter can be considered later by the Committee. CONCLUSION: The Developer is seeking permission to rezone a portion of the subject area in order to undertake a larger townhouse development then previously approved. The application remains consistent with the relevant development policies of the Municipal Development Plan, and, therefore, can be recommended for approval. The requested variances are also considered reasonable and can be recommended. All the necessary assents and approvals have been included in the recommendation for this revised townhouse project. PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT R 1 \ /^\ y B -2 j \ i• _ — prom. • ` R F �. 7 •, V. 1 \ R F P PID(s) /NIP(s): Subject Site /site en question: 55166177 (portion thereof / partie du) Location: 1967 Manawagonish Rd. /ch. Manawagonish Date: March /mars 19, 2007 Scale /echelle: Not to scale /Pas a 1'echelle a a 94 I� fl. , J z W C Ci a t j � u s � � u _ O ! 4h > o40C td da a f.. �3 I rr 1' C1 Z tL VtbN WJ O 0 3 00 «E— u o J Q ¢u� VO < <L O EEO 0, E \ 4t oz A7 O' U , M 40 C4 �a 8 �Q oe W f' s�rREEr JENNIFER z1 O Eo CL p0 NtYI (. p 00 a _. __ ..�..__.. =2�2 a.z O 7m 0 V m fNy- oo ; Co 8 C 2 W O a Ml W f' s�rREEr JENNIFER f 8p8p yg '��rjj d gioiioo4Y.a�li$y a ' / G 0 F - 3� ' , h- wn BtZ OT oz fill] P 4 tY will —Ills y C N T W C Q L li W s N � i O b O N O \ \ H O O � Jennifer Street O Jennifer Street PjF 44 IL 40 of l� Amos w a y d m J 0s < 6 c Z rn t7 a § occc #8 0 w t ywg > .�v KA Z 7 T1 C` 8� N U. N O \ \ H O O � Jennifer Street O Jennifer Street PjF 44 IL 40 of l� Amos w a MELVIN L. MAWHINNEY RFCF" A� Certified General Accountant TELEPHONE (506) 672 -3044 ^ R 1 J 2 :l !` � 6 DAY DRIVE, SAINT JOHN, NEW BRUNSWICK - - POSTAL CODE E2M 7W8 A , O�`tl April 3, 2007A Planning Advisory Committee City of Saint John P. 0. Box 1971 Saint John, N. B. E21, 4L1 Dear Sir /Madam: Re:Proposed Fundy View Gardens Subdivision Rezoning, Subdivision and Variance Aoolication We are in receipt of your letter dated March 22, 2007 regarding the aforementioned subject. We are owners of lot 03 -02 on Day Drive having purchased same in the spring of 2004. Our previous residence was on Scotiaview Drive which is next door to Village Estates garden homes. At the time of purchase: Stillman Wilcox of Fundy View Estates assured us the street would be equal to or better than Scotiaview Drive and the lands in question were to be used only for Jop -of- the -line single storey garden homes. From what I understand from your drawing; the buildings appear to be two storey garden homes. If such is the case; we strongly object to this application as this construction will only devalue our property. Secondly, we object to the reduction in side yard requirements from 10 feet to 3.3 feet. If this is permitted; we will be looking at the back of a two storeygarden home within 3.3 feet of our property line. This is not what we were promised. The original design containing 5 units should only be approved. We have no objection to the lot occupancy percentage or the extension of Jennifer Street. We trust you will understand and respect our concerns in this matter. Yours truly, LINDA J. MAWHINNEY �/ 'MELVIN L. AWHINNEY v 48 Jennifer St. Saint John, N.B. E2M OA2 April 9, 2007 Planning Advisory Committee City of Saint John PO Box 1971 Saint John, N.B. E21. 41.1 Committee Members: RE: Proposed Fundy View Gardens Subdivision Rezoning, Subdivision and Variance Application 1967 Manawagonish Road 0 n. ; 1y' 1 �q 3. 11 LuUI We are opposed to the proposed changes to the original subdivision plan for the following reasons: a) When we decided to build in this area, we expected to have a home in a neighborhood that included only single family homes protected by covenants that would help maintain their value. The addition of townhouses now breaks these covenants and would tend to effect the existing property values in a negative manner. b) The increased density resulting from the addition of townhouses to Jennifer St. will increase traffic in the area effecting the safety of the residents. Unless the committee eq U,, .^.$the wn$tru Ctivi, of $c^aipr ^ay Drivc privi iv Life townhouses on Jennifer St. being built, all the increased traffic will be on Day Drive for years to come. c) When we purchased, we were aware of the proposed garden home project. This was supposed to be a self contained area consisting of 22 Garden Homes of a fairly high scale (plans were posted on the company's web site). The proposed changes now includes a connector road (Seascape Drive) and increases the density from 22 garden homes to 40 townhouses which tend to have a lesser value per unit. Again, this would negatively impact the value of existing residential single family homes as well as increase traffic as a result of a loop being created via Seascape Drive to Day Drive. The purchase of a home is one of the largest investments we will make. In doing so, we researched the area, reviewed the subdivision plans and the covenants in place relating to the size and quality of the homes in the area. We were comfortable that our investment would be protected and the area would be a comfortable place in which to live based on the existing plans filed with the city. With this proposal, the whole nature of this subdivision will change. Our trust in the developer is now damaged. We hope the Planning Advisory Committee will not allow any changes to the existing subdivision. By rejecting the changes, the Committee will protect the property values and way of life of the existing homeowners. This would also serve as a message to other potential home buyers, the City of Saint John will not allow major changes to subdivision plans after they have been approved, allowing them to make an informed decision. Thanking you in advance. Pam & Gary Sproul April 13, 2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 Dear Sir: Re: Proposed Fundy View Gardens Subdivision Rezoning, Subdivision and Variance Application 1967 Manawagonish Road Hugh Carvell 2015 Ocean Westway Saint John, NB E2M 5H6 Ci t; AM Yom, Rromm) 10 APR 13 4 0FSA19t Further to Mr. O`Heatn's letter of March 22, 2007, I am writing with comments on the above -noted application. My wife and I own Lot 03 -1 as shown on the tentative subdivision plan attached to Mr. O'Heam's letter. As well I have I have 1/3 interest in the adjacent lands having PID 55091904. I have no objections to the application subject to the condition mentioned below. Also, I would like to clarify some of the comments made in the Mr. O'Heam's letter. In the third paragraph it states: "Jennifer Street could be further extended, in the future, over Lot 03 -1 subject to land negotiations ". In the fifth paragraph dealing with variances, it states: "Allowance of a dead -end street (Jennifer Street Extension) with a gravel turnaround facility until such time the street is extended to Manawagonish Road ". Please be advised as owner of Lot 03 -1, there is no intention on my part to develop my property in such a way that Jennifer Street would be extended over Lot 03 -1 to Manawagonish Road. Further, Lot 03 -1 is not presently serviced by sewerage and the intention of the developer is to have a sewerage easement extended to the edge of Lot 03 -1 to enable me to hook into the City of Saint John sewerage system through Jennifer Street to service Lot 03 -1. I request that the developers agreement make it a condition that the easement for sewerage system extend up to the line with Lot 03 -1 to enable me in the future to provide sewerage for Lot 03 -1 through this easement. As I stated in the third paragraph, I have no objection to the application as long as this condition is met. Yours very truly, Hugh Carvell Cc: Stillman Wilcox Sent By:,,,CITY SAINT JOHN; 6582837; Mar -2 -06 2:21PM; Page 415 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a lrarretasur le nonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant /Nom du demandeur Mailing Address of applicant / Telephone Number / Numdro de tdldphone 7 Home /Domicile / Work /Travail Fax Number / Numdro de t6licopieur �T f -- 6f- SE, Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Property Information / Renseignements sur la propritti Location / Emplacement Street taf Cod /Code pg�taLr �iO/'7 PID / NIP Lot Area / Superficie du lot Street Frontage / Facade sur rue / Existing Use of Property / Utilisation actuelle de Is propridtd Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal /a,/� 47,f!5^1 _- iC " S //2, Present Zoning / Zonage actuel Amendments Requested / Modifications demandees Municipal Plan / Plan municipal Q Change Land Use Designation to / Modifier Is ddsignation de Putilisation des terres a and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Za ing By -law/ Arrbtd sur Ie Zonage / L Change Zoning to/ Modification du zonage a and /or / ou Q Text Amendment (indicate particulars on attachment) / Modification due texts (indiquez les ddtails en annexe) Sent gy:r CITY SAINT JOHN; 6582837; Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition Mar -2 -06 2:21PM; rr Page 5/5 You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a I'dchelle lAusirant votre proposition. Vous posnw igalement fournir des photographies, des plans de bktimem, des dersins de plan d'ildvation at toute autre forme de renseignemem. Le plan du site doit indiquer les dimensions de la propridd !'emplacement de la iolaliti des bdtiments, des allies, des airas de stationnement, des aminagements paysagers of des panneauz de signalisation.11 mi important d'indiquer la distance entre les limites de la propriiti et les bduments. Provide reasons why these amendments should be approved./ Fournif les raisons pour les quelles les modifications devraient etre approuvdes. Provide any other information about your proposal that would be helpful. / Fournir tout alltre renseignement conoernant votre proposition qui pourrait 8tre utile. . _ _ .. rr.___I._.. - __ _.. " "" • _. j_... " "' -. _.,. _� ....... _ ..,., . If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required far consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'i(y a lieu) Date Si vous n'ites pas le propridtaire du terrain en question, veuiltez ohtenir to signature du propriitaire daps la partie ci- dessous. La signature du proprtdtaire autorisant le traitement de la prisente demande esi require pour que cette derni4re soil examine par le conseil communal. W Z W a Q U) W O Of �InN�Ind aooM )4306 NOlN34 Z T91 o m Z F- J H J 0 N W m n -J m Q c P Q a � J 0! 0 _Z Q j Q Q a0r J \?oZ LL 0 C O Q .001 F W �aN U z,} Z ef J LU_ CL 0 N J J = Q O QQll W � = Z SV• _ ON En = O 0 /�/ o LL F 11J O N N O x cYn � p U a r J J `) z s eene Ncf NOlN34 Z T91 o 0 Z F- J J 0 N W m n Q c P Q a � J 0! 0 _Z Q j Q Q N J LL 0 O Q .001 F W U Z ef J LU_ AOAVS Q L J J = Q O QQll Z a ON En O v �o o 9NIOIDS N O Q 0 U � J z s eene Ncf NOlN34 Z T91 0 F- J m N m n Q a � C 0 J Q Y Q T A 0 0 O d' � St �Y= �Y K 6 a c A Y N Y Q T A 0 0 O d' � St �Y= �Y K 6 PROPOSED ZONING BY -LAW AMENDMENT RE: 440 -458 ROTHESAY AVENUE (REAR) Public Notice is hereby given Council of The City of Sam consider amending The City of By -law at its regular meeting Council Chamber on Monday, 7:00 p.m., by: that the Common John intends to Saint John Zoning to be held in the April 23, 2007 at Rezoning a parcel of land having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 550394165 55039424, 550394325 55039440 and also a portion of PID No. 55161574 and 55177034, from "R -2" One and Two Family Residential to "I -1" Light Industrial, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To develop the property in conjunction with the adjacent car sales lot. 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. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET; 440 -458, AVENUE ROTHESAY (ARRIERE) Par les presentes, on avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention de modifier I'arrdte' sur le zonage de The City of Saint John, lots de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 23 avril 2007 a 19 h, en apportant la modification suivante : Le rezonage d'une parcelle de terrain situee au 440 -458, avenue Rothesay (ard6re), dune superficie d'environ 3 755 metres carres et portant les NID 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 et etant aussi une partie des NID 55161574 et 55177034, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone d1ndustrie legere a I- 1 », comme Pindique la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour dnvelopper la propriete' conjointement avee le terrain affecte a la vente d'automobiles adjacent. Tonto personne inte'restee peut examiner la modification proposee an bureau du greffier communal ou au bureau de l'urbanisme et du de'veloppement a 1'h6tel de ville situ& an 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fries. Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de to the undersigned at City Hall. modification par e'crit a 1' attention du soussigne a I'hotel de ville. J. Patrick Woods, Common Clerk 658 -2862 J. Patrick Woods, greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 440 -458 ROTHESAY AVENUE (REAR) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, April 23, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 3755 square metres, located to the rear of 440- 458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 550393825 55039390, 550394083 55039416, 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, from "R -2" One and Two Family Residential to "I -1" Light Industrial, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To develop the property in conjunction with the adjacent car sales lot. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 440 -458, AVENUE ROTHESAY (ARRIERE) Par les presentes, on avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la Salle du conseil le lundi 23 avril 2007 a 19 h, en apportant la modification suivante: Le rezonage dune parcelle de terrain situee au 440 -458, avenue Rothesay (arriere), d'une superficie d'environ 3 755 metres carres et portant les NID 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 550394165 55039424, 550394329 55039440 et etant aussi one partie des NID 55161574 et 55177034, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone d'industrie legere a I -1 », comme Pindique la carte ci- dessous. (INS$RER LA CARTE) RAISON DE LA MODIFICATION: Pour developper la propriet6 conjointement avec le terrain affecte a In vente d'automobiles adjacent. Toute personne interessee pent examiner la modification proposee an bureau du greffier communal ou au bureau de Purbanisme et du developpement a Ph6tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par 6crit a Pattention du soussign6 a 1`h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City Bud et of Saint John use only: Number: 110 0801 442 2010 Department; Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, March 27, 2007 Tuesday, April 17, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: Telephone: (506) 658 -2862 Public Notice ❑x Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 550394165 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, from "R -2" One and Two Family Residential to "I -1" Light Industrial - all as shown on the plan attached hereto and forming part of this by -law. ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRE I SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lots dune reunion du conseil communal, The City of Saint John a decrete cc qui suit: L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain situee au 440 -458, avenue Rothesay (arriere), dune superficie d'environ 3 755 metres carres et portant les NID 55039341, 55039358, 55039366, 55039374, 550393829 55039390, 55039408, 550394169 550394245 55039432, 55039440 et etant aussi une partie des NID 55161574 et 55177034, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone d'industrie legere a I -1 - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire a fait apposer son sceau communal sur le present arrete le 20075 avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisie'me lecture April 18, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning Area to Rear of 440 -458 Rothesay Avenue On March 26, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 17, 2007 meeting. Mr. Rod Adams attended the meeting on behalf of the applicant, Haldor (1972) Ltd., and expressed agreement with the staff recommendation. Mr Adams indicated that the neighbourhood residents' concerns with regard to drainage will be addressed by the requirement that there be a detailed drainage plan prepared for the approval of the Municipal Operations and Engineering Department. In addition, the development will be required to comply with the provisions of the Flood Risk Area By -law. Messrs. Paul Gilbride (7 Rockwood Avenue), Don MacKnight (9 Rockwood Avenue) and Alden MacKnight (9 Rockwood Avenue) addressed the Committee in opposition to the proposal. The speakers expressed satisfaction that their concerns with regard to access from Rockwood Avenue are addressed by the proposed conditions. However, they indicated that they remain concerned about drainage and flooding in the neighbourhood and expressed the opinion that the proposed development would aggravate the situation. It was suggested that the site should not be rezoned and developed but, rather, the City should acquire the site for use as a floodwater storage area. Concerns were also expressed about screening from Oakland Street, location of garbage dumpsters and possible signage. In addition to the above presentations, the Committee received four letters expressing objections and concerns with respect to the proposal. Copies of these letters are attached. After considering the report, presentations and letters, the Committee decided to recommend approval of the proposed rezoning, and adopted the staff recommendation with changes to conditions (b), (e) and (g). The Committee amended condition (b) (access on Rockwood Avenue) to clearly prohibit any truck traffic on Rockwood Avenue in conjunction with the development. Condition (e) (drainage plan) was amended to require that the impact on the larger Planning Advisory Committee April 20, 2007 Page 2 area of Rockwood Avenue /Oakland Street be considered as part of the review of the required drainage plan. Condition (g) (landscaping) was amended to require the berm and trees along the rear of the property to be supplemented by a minimum 1.8 -metre (6 -foot) high vinyl- covered chain link fence between the berm and parking lot, that the berm and trees have an overall minimum height of 3 metres (10 feet), and that the berm and trees be developed in a manner that totally blocks the residents' view of the fence. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, from "R -2" One and Two Family Residential to "I -1" Light Industrial. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, with a car sales lot be subject to the following conditions: a) the use of the rezoned land is limited to a surface parking area to be developed and used in conjunction with the adjacent car sales lots; b) there shall be no driveway and no truck traffic in conjunction with the development on Rockwood Avenue; c) the parking area must be set back a minimum of 7.5 metres (25 feet) from the adjacent residential zone; d) the developer must pave the proposed parking area with asphalt and enclose it with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; e) adequate site drainage facilities, including necessary catch basins, must be provided by the developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate with consideration given to the impact on the area of Rockwood Avenue and Oakland Street; f) the existing open drainage ditch on the site must be retained as a feature on the approved drainage plan; Planning Advisory Committee April 20, 2007 Page 3 g) the developer must install a vinyl- covered chain link fence with a minimum height of 1.8 metres (6 feet) along the rear of the parking area, supplemented by a berm on the residential side of the fence, which shall be sodded and planted with trees that are spaced in a manner that totally blocks the Oakland Street residents' view of the fence, the berm and trees having a minimum combined height of 3 metres (10 feet), all in accordance with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer; h) all other disturbed areas of the site not occupied by the proposed parking area must be landscaped by the developer. The landscaping must extend onto the Rockwood Street right -of -way to the edge of the street curb; i) exterior light standards must direct light down onto the parking area and not toward adjacent properties; j) the site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating all site features, including those listed above, and the approved site plan, landscaping plan and drainage plan must be attached to the application for building permit for the development; k) All site improvements shown on the approved site plan, landscaping plan and drainage plan must be completed within one year of the date of issue of the permit for the development; and further that upon the rezoning of the area, the land must be developed and used in conformity with the conditions identified herein. Respectfully submitted, Stephen Horgan Chairman RGP /r Attachments Project No. 07 -056 DATE: APRIL 13, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 17, 2007 SUBJECT: Name of Applicant: Name of Owner: Location: Randall G. Pollock, MCIP Planner Haldor (1972) Ltd. Haldor (1972) Ltd. Area to Rear of 440 -458 Rothesay Avenue PID: 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 portions of 55161574 and 55177034 Municipal Plan: Service Corridor Zoning: Existing: "R -2" One and Two Family Residential Proposed: "I -1" Light Industrial Proposal: To develop additional vehicle parking space for the car dealership located at 440 Rothesay Avenue Type of Application: 1. Rezoning 2. Conditional Use (car sales lot) Haldor (1972) Ltd. Page 2 440 -458 Rothesay Avenue April 13, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, April 23, 2007. The Zoning By -law authorizes the Committee to impose terms and conditions upon the establishment and operation of a car sales lot in the "I -1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, from "R -2" One and Two Family Residential to "I -1" Light Industrial. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land having an area of approximately 3755 square metres, located to the rear of 440 -458 Rothesay Avenue, also identified as being PID No. 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID No. 55161574 and 55177034, with a car sales lot be subject to the following conditions: a) the use of the rezoned land is limited to a surface parking area to be developed and used in conjunction with the adjacent car sales lots; b) there shall be no driveway on Rockwood Avenue; c) the parking area must be set back a minimum of 7.5 metres (25 feet) from the adjacent residential zone; d) the developer must pave the proposed parking area with asphalt and enclose it with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; e) adequate site drainage facilities, including necessary catch basins, must be provided by the developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate; Haldor (1972) Ltd. Page 3 440 -458 Rothesay Avenue April 13, 2007 f) the existing open drainage ditch on the site must be retained as a feature on the approved drainage plan; g) the developer must install a berm with a minimum height of 1 metre (3 feet) along the rear of the proposed parking area, which shall be sodded and planted with a mixture of evergreen and deciduous trees, spaced a maximum of 15 metres (50 feet) on centre, in accordance with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer; h) all other disturbed areas of the site not occupied by the proposed parking area must be landscaped by the developer. The landscaping must extend onto the Rockwood Street right -of -way to the edge of the street curb; i) exterior light standards must direct light down onto the parking area and not toward adjacent properties; j) the site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating all site features, including those listed above, and the approved site plan, landscaping plan and drainage plan must be attached to the application for building permit for the development; k) All site improvements shown on the approved site plan, landscaping plan and drainage plan must be completed within one year of the date of issue of the permit for the development; and further that upon the rezoning of the area, the land must be developed and used in conformity with the conditions identified herein. 3. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a car sales lot on the subject site. BACKGROUND: On November 8, 1996 the Planning Advisory Committee imposed the following conditions upon the continuing operation of a vehicle sales lot on the land located between the subject site and Rothesay Avenue: (a) The subject property must be developed in accordance with a detailed site plan approved by the Development Officer that illustrates: Haldor (1972) Ltd. 440 -458 Rothesay Avenue Page 4 April 13, 2007 (i) A minimum landscaped area of 6 metres (20 feet) in width along the front property line, and the retention of the existing landscaping along the southwest side yard; and (ii) An asphalt surface for the display /parking area and driveways with cast -in -place concrete curbs to protect the required landscaping and to facilitate proper drainage. (b) The existing mobile office must have suitably- vented skirting installed or be placed on a permanent foundation. (c) Vehicles must not be allowed to encroach into the required or existing landscaped areas. (d) The site improvements indicated above must be completed within one (1) year from the issuance of the required permit, but the vehicles must be immediately relocated 6 metres (20 feet) from the front property line. On October 19, 2004 the Committee considered another conditional use application for a car sales lot (King Mazda dealership at 440 Rothesay Avenue) for the land adjacent to Rothesay Avenue. The Committee granted a variance to eliminate the 1.5 -metre (5 -foot) wide landscaping requirement along the rear property boundary. The Committee also imposed following conditions on this car dealership: (a) The car sales lot is restricted to a Mazda Dealership. (b) The Developer must pave all parking areas, loading areas, manoeuvring areas, and driveways with asphalt. (c) All paved areas must be enclosed with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage, except that curbs are not required along the rear of the parking area. (d) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (e) All utilities, including power and telephone, must be provided underground. (f) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. Haldor (1972) Ltd. 440 -458 Rothesay Avenue Page 5 April 13, 2007 (g) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding signs, exterior lighting, landscaped areas, and other site features, including those listed above. The approved site plan must be attached to the application for building permit for the development. (h) All site improvements shown on the approved site and drainage plans must be completed by July 31, 2005. (i) The Developer must provide an irrevocable standby letter of credit in the amount of $60,000 pursuant to a Section 101 Agreement to ensure compliance with conditions (b) to (h) inclusive. (j) The required 2 -metre high board -on -board fencing to be installed along the entire rear of the subject property must be properly maintained at all times by the landowner. Since that time the King Mazda car sales lot has been undertaken in accordance with the approved plans. However, the rear parking area of the dealership has been developed 10 metres (33 feet) beyond the zone boundary. On March 20, 2007 the Committee reviewed a conditional use application to establish the proposed "Auto Village" used car sales lot on the land between the Mazda dealership and Rockwood Avenue (civic 450 -458 Rothesay Avenue). The Committee granted variances to permit reduced landscaping adjacent to Rockwood Avenue, elimination of the required landscaping along the boundary of the two car sales lots, and reduced aisle widths within the vehicle display area. The Committee also imposed the following conditions on the use: (a) The Developer must pave all parking areas, loading areas, manoeuvring areas, and driveways with asphalt. (b) All paved areas must be enclosed with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage, except that curbs are not required along the rear of the parking area. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (d) All utilities, including power and telephone, must be provided underground. Haldor (1972) Ltd. 440 -458 Rothesay Avenue Page 6 April 13, 2007 (e) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street rights -of -way to the edge of the existing street curb /sidewalk. (f) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding signs, directional exterior lighting, landscaped areas, and other site features, including those listed above. The approved site plan must be attached to the building permit application for this development. (g) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. (h) There shall not be any vehicular access onto Rockwood Avenue prior to and during the operation of the proposed business. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed rezoning. However, there are concerns with the proposed drainage. Municipal Operations recommends that the developer keep as much of the open ditch as possible draining to the existing inlet. It is further suggested that a wide swale be utilized rather than a steep ditch. This would be easier to maintain by mowing and will provide additional flood water storage. If the piping option is approved it should be a minimum 250mm (10 inch) pipe as it is less likely to block or freeze. Building and Technical Services advises that the proposed development must meet the requirements of the Flood Risk Area By -law. Detailed plans will be required. ANALYSIS: Site and Neighbourhood The subject site is located to the rear of the new Mazda dealership in the Rothesay Avenue Service Corridor. The site consists of one -half of the former Wellington Street right -of -way as well as eleven 25- foot -wide lots that were part of the original Eastmount Subdivision. The site has a frontage of 10 metres (33 feet) on Rockwood Avenue and a total area of approximately 3755 square metres (0.9 acres). The site is undeveloped except for the 10 -metre (33 -foot) encroachment of the Mazda dealership's paved parking area that was noted in the Background. The applicant has barricaded the encroaching portion of the parking area and it has not been used in conjunction with the business since the encroachment was brought to the applicant's attention Haldor (1972) Ltd. Page 7 440 -458 Rothesay Avenue April 13, 2007 in late February or early March. Along the rear edge of the parking area is a board fence that screens the parking area from Oakland Street. As suggested above, the northwest boundary of the site abuts the existing Mazda dealership and proposed Auto Village development. To the northeast and southeast of the site is the Eastmount residential neighbourhood, consisting of dwellings on lots fronting Rockwood Avenue and Oakland Street. There is also a playground to the northeast of the site at the corner of the two streets. The lots on Oakland Street are separated from the subject site by a 4.5 -metre (15 -foot) undeveloped common lane. Most of the site is above the elevation of the flood risk area. An existing drainage ditch on the property runs along the edge of the lane and then turns toward Rothesay Avenue through the lower area of the site behind #13 Oakland Street. Proposal The applicant is seeking rezoning of the subject site from the present "R -2" One and Two Family Residential to "I -1" Light Industrial. The proposed zoning is the same as the existing developments on Rothesay Avenue. The purpose of the proposed rezoning is to permit the development of additional vehicle parking space for the Mazda dealership. No new or expanded buildings or structures are proposed. The applicant has submitted the attached plan illustrating how the property would be developed and integrated with the two car dealerships. The existing paved parking area would be extended approximately 23 metres (75 feet) back, providing parking for an additional 50 to 60 cars. The remaining 7.5 metres (25 feet) adjacent to the fire lane will be retained as a landscaped setback from the residential neighbourhood. Although the Zoning By -law requires only a 2 -metre (6.5- foot) landscaped area along this rear lot line, the applicant has proposed additional area in order to increase the separation and to accommodate the drainage ditch. It is proposed to retain the existing ditch up to the point where it turns toward Rothesay Avenue. At that point, the applicant proposes to install a catch basin and a new 8 -inch buried storm drain that would tie into the drainage system for the proposed Auto Village. The area of the site abutting Rockwood Avenue is proposed to be a landscaped side yard for the Auto Village development. The applicant proposes to remove the existing wood fence and replace it with a new 1.8 -metre (6- foot) high vinyl- slatted chain -link fence, between the ditch and the parking area, in order to screen the parking area from the Oakland Street residences. Proposed Rezoning The proposal is essentially an adjustment of the boundary between the commercial and residential area. If approved by Common Council, it will allow the expansion of the existing and proposed businesses fronting on Rothesay Avenue. If not approved, the boundary between the commercial Haldor (1972) Ltd. Page 8 440 -458 Rothesay Avenue April 13, 2007 and residential areas will remain in its present location. The proposal can be supported provided that Section 39 conditions are imposed that restrict the use to the applicant's proposal and specify measures to be taken with regard to drainage and separation/screening from the adjacent residential area. Conditions similar to those applicable to the existing car sales lot should also be included (i.e. paving, curbing, etc.). The applicant's proposed 7.5 -metre (25 -foot) setback of the parking area from the rear lot line should provide an adequate separation. As noted above, the proposed setback of the parking area from the rear lot line exceeds the minimum By -law requirement by approximately 5.6 metres (18%2 feet). When combined with the additional width of the undeveloped lane, the total separation between the parking area and the rear lot lines of the Oakland Street properties will be 12 metres (40 feet). This is illustrated on the attached cross - section entitled "Property Line Detail". The Section 39 condition (a) which restricts the use of the area to the proposed parking of vehicles also ensures that higher impacts uses or building are not constructed without further review by the Committee and Council. With respect to the proposed treatment of the landscaped area adjacent to the lane, staff had initially indicated that, instead of the fence, it would be preferable to have a small berm approximately 1 -metre (3 feet) in height with a mix of deciduous and coniferous trees planted along the top. A solid row of trees would not be necessary because the berm would provide the solid screen effect. Some widely- spaced trees on top of the berm would provide some additional visual relief, breaking up the view from the residential rear yards toward Rothesay Avenue. To the rear of the berm the land would be graded into a grass swale as suggested by Municipal Operations and Engineering. The staff recommendation reflects this preferred method of treatment of the landscaped area (condition (g)). Based on past experience, the applicant believes that the residents would probably prefer the proposed fence instead of the berm. While staff believe the berm approach would be more attractive, the applicant's proposal to utilize a fence would also provide a suitable alternative if preferred by the residents. In that case it would be recommended that the detailed plans are still required to be in an amended condition (g) so that the grassed swale area suggested by Municipal Operations and Engineering can be accommodated. The expanded parking area itself should be curbed and sloped away from landscaped area. One or more additional catch basins will probably be required for the expanded parking lot. These and the other drainage issues will need to be addressed in the form of a detailed drainage plan to be prepared by the applicant and submitted to the Municipal Operations and Engineering Department for approval. Haldor (1972) Ltd. 440 -458 Rothesay Avenue Conditional Use Page 9 April 13, 2007 A car sales lot is a conditional use in the 1- Light Industrial zone; that is, it is subject to such additional terms and conditions as may be deemed necessary by the Planning Advisory Committee. As the proposal includes rezoning of the property, it is possible for all necessary conditions to be imposed by Common Council in the form of a Section 39 resolution. Section 39 resolutions are filed in the Registry Office with the rezoning. As a result, it is not necessary for the Committee to impose an additional set of conditions. CONCLUSION: The subject site is an undeveloped parcel of land on the boundary of the Rothesay Avenue Service Corridor and Oakland/Rockwood residential neighbourhood. The proposed rezoning, if deemed appropriate by Common Council, represents an adjustment of this boundary. Approval of the proposed rezoning can be supported subject to Section 39 conditions limiting the use to the applicant's proposal and including measures with respect to separation and screening from the residential properties, drainage, and other site development features. RGP /r Project No. 07 -056 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT • • r� w Qo .a• du ay 4b 0'0 • f Subject Site /site en question: Location: 440 -458 ave Rothesay Ave (rear /arriere) ' Date: March 30 mars 2007 111 Scale /echelle: Not to scale /Pas a 1'echelle 4 L „ PID(s) /NIP(s): 55039341, 55039358, 55039374, 55039382, 55039390, 55039408, 55039416,55039424,55039432, 55039440, 55161574 (portion), 55177034 (portion) 8 1 .r 1 J - i Rotnesay Avenue Oakland Street i i es >2 .. I t ------------ - , N 8 1 .r 1 J - i Rotnesay Avenue Oakland Street es >2 .. I ------------ - I -A- a- X L$ v Z 3 22O I ~' +4 N X F .il J. 5 I I I ~' ?v I l +4 N X ?v I l LL z X` +4 LL z X` ) � � | ■ � z 5s= 4 ®K\ §dz2 . \ k Cl) - � - �- - - - - -- - - - - -- � :: I � - \ . _ e \ \ ) ----- �---- � - - - -- � .t( / k _.<UvId _mm w_ _tee . ,.w.,,._wvj __VW mad 104 April 12, 2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E21, 4L1 Re: Proposed Rezoning and Expansion of Car Sales Lot Area to Rear of 440 458 Rothesay Avenue RECF WD Oa APR 17 2`7 �A j At the Planning Advisory Committee's meeting on Tuesday, March 6. 2007 the application (copy attached) for " Proposed Car Sales Lot (Auto Village) Conditional Use and Variance Application 450458 Rothesay Avenue" was considered. At the time we expressed our objections and concerns by letter (copy attached) and verbally at the meeting. The current rezoning application seems to have addressed our following objections at the time: that the landscaped buffer along Rockwood Avenue be maintained at 6 metres (20 ft). that no entrance is permitted onto Rockwood Avenue from the proposed car lot. We would therefore like assurances that this latest application in no way changes these provisions. At the time we also expressed concern regarding flooding in the area The existing drainage systems in the area have been observed to overflow at times of heavy rainfall. It is our feeling that the current drainage system is therefore not adequate to handle drainage requirements. With the paving of the Auto Village lot and now this extended King Mazda lot we are therefore even more concerned that an already at times overloaded drainage system, that is also subject to tidal conditions, will not be able to handle the required runoff. This could result in adjacent properties that already experience flooding at times experiencing worse flooding conditions. We would therefore request to be informed of how ongoing drainage from the area is to be handled to avoid flooding. Sincerely yours, Frank Gilbride CET 7 Rockwood Ave. l Paul Gilbride P. Eng l I I r�� 7 Rockwood Ave. J Malcolm Gilbride P. Eng / r Cil-ILI 7 Rockwood Ave. Jean Szezendor 5 Rockwood Ave. Alden MacKnight 9 Rockwood Ave. v Marjorie MacKm t 9 Rockwood Ave. \ ;1 ,1 11 {1 _ 11 , \111 1 1 FS li 1 n _11 . 1 \ 1 II n _1 \ 11"s ' 1 11 P LI 1 i / 1,1 Pad 1 1 J1.• 1 OK�I�fl C I )i 1 r 111Y 11'1 1 ,1 6, COMMENTS REGARDING REZONING: 440 -460 Rothesay Avenue Ian Benjamin, 22 Parklawn Ct, Saint John I am writing on behalf of my mother -in -law, Marjorie Denton, who lives at 3 Oakland St. The area proposed for rezoning is directly behind her property. We have the following concerns about this rezoning: 1) The effect of the proposed rezoning on the residents of Oakland St. cannot be viewed in isolation. It must be considered in the larger picture of the ongoing East Point shopping complex that Council approved last year. This development adjoins the rear property line on the other side of Oakland St. After the public hearing, Deputy Mayor Hooton said something like "we are asking the Oakland St residents to give up some of their quality of life for the greater good of the city." I apologize for any inaccuracy in this quote, but I believe that it captures the overall meaning of her statement. The Oakland St residents are now to be sandwiched in on completely on both sides by Northrup commercial developments. In recognition of this fact, and of the sacrifice in their quality of life spoken of by Deputy Mayor Hooton, it only seems fair and reasonable that the city should impose additional conditions to this proposed rezoning, above and beyond what would be the norm in a standalone project. We are asking that additional cosmetic treatment be imposed at the Oakland St side of this proposed project. The proposed 15 foot buffer zone has the chain link fence situated at the Oakland St edge of the Northrup property as shown in the following diagram: Oakland St I atirrvl.er. Irvlr' t , Atl �' viNd. "(,,ra,) OR!I IJKi I 1. f!k)I Rothesay Ave FLY! vLH0..9.[. 1'r Uk4 We are asking that the fence be relocated to the middle of the buffer strip, and that evergreen trees be planted on the ditch side of the fence to screen the fence and property itself as seen from the Oakland St properties. These trees need to be of good size, at least 3 ft in size, as shown on the diagram on the next page: i �'r �'LV.fYLPa. Trv. rlk.11 IC)' .O ROW OF EVERGREEN TREESAT REJLR OF BUFFER ZONE 11 W n' U" hOG I MM. 'a..Arav ra: G, 9 Rockwood Avenue Eastmount Saint John, N.B. E2J21`4 �y &DEpit April 16, 2007 Planning Advisory Committee P.O. Box 1971 Saint John, N.B. E2L4L1 RE: Proposed Rezoning of land on the former Wellington Street from residential to Light Industrial APR 17 2507 I would like to address the proposed rezoning of the land in the Eastmount area from residential lots to Light Industrial usage. Massive changes have been allowed to occur to this small residential area over a number of years simply by the manner in which they progressed. Homes were purchased, removed, and then the vacant land was applied to be rezoned. Since it no longer held a residence. what difference was it that it would now be an industrial property? This is the way that neighbourhoods are destroyed and it has done little to improve the city's image of being "pro big business" and "anti residents ". In fact, the entire hill behind Eastmount has been altered irrevocably in favour of big business. The land has been denuded of the habitat that once held a large variety of small animals and innumerable birds. All of the trees and ground brush that had been largely undisturbed and would have fit nicely into the Residential Landscape that it had been planned for has been removed. The intent of the original civic plan has been altered in a manner that has not improved the city as a whole. These changes to the area surrounding the properties in the Eastmount area have been detrimental to the property values and personal enjoyment of the residential area. The .'urban oasis" that came from the trees, shrubs and wildlife that existed here prior to the rezoning changes is mostly gone. Indeed, the city has seen fit to plan for even more invasive changes that will result in huge restructuring of the local traffic. The local newspaperjust noted that the City is preparing a plan which would reroute the new roadway that has just recently been extended from Marlborough up to the shopping complex atop the Eastmount hill. This alteration would provide a direct route from Highway 1 across Rothesay Avenue and straight up to the new developments. It was amazing to read that this was being touted as a way of reducing greenhouse gas. Cutting a large swath across a flood plain area, reducing the natural path of rainwater into the soil, promoting the further degradation of green space within the city — is now being promoted as the way to reduce greenhouse gases. This seems to be a misplaced attempt to garner support for what will definitely be a project that is detrimental to the health of the people in the area as they are forced to live in this imposed environment. This is where there the impact of rezoning even more land in this area from residential to industrial shows its ugly head. Something that people in Saint John have learned over the years is that requests to change the usage of land seldom see the land being used for an extended period for the same purpose the original rezoning had been requested. After land is no longer residential, its use can change rapidly and drastically according to the allowable uses in the new zoning plan. As was mentioned by the proponent for the car lot extension at the corner of Rothesay and Rockwood Avenues during the PAC meeting on March 20th, there are a multitude of things that the Light Industrial zoning allows. The rezoning will result in one guarantee for the citizens in the area; the land will be downgraded from its current residential condition to something far less. The PAC is being called upon to sanction the alteration of what has traditionally been a secluded neighbourhood. The border of this neighbourhood with the large land area on the hill behind Eastmount, which was previously designated as residential, was a guarantee that the quality of life and property values would remain stable. The Industrial Development of that large hill has eroded much of that guarantee. Residents are now calling on the PAC to buffer them from this unchecked altering of the urban landscape. There appear to be few champions of residents in this haphazard commercial expansion. June Callwrood — the well known Canadian literary — well regarded for her representation in respect of those whose voices were not always listened to - gave a speech to Albertans as to why it was their duty to look out for the interests of the less well off. In it she spoke of the following -"Allen Wolf wrote a book called "Whose Keeper ", and he writes of the individual's personal stake in the fate of others, of the obligation we all have to others, not only because they're human beings like ourselves but because our own happiness is woven, inexorably, with the happiness of others. Joseph Conrad said the same thing, "We exist only in so far as we hang together." The most immediate problem resulting from the over - development of Industry in the Eastmount area is flooding. Flooding is a fact of life in the area. Historically the vast majority of the land surrounding the residences has been covered in large trees, shrubs, brush and natural field cover. The value of this type of terrain in controlling excess water from our ever worsening storms is well known. But in the last two years we have seen the entire hillside behind the residences scarified; the large trees and dense shrubs which lined the drainage ditch behind the homes which stood at the comer of Rothesay and Rockwood Avenues cut down; and the elevation of Rothesay Avenue elevated to such a degree that there is a steep ramp to get onto the roadway from Rockwood Ave. The change in elevation of Rothesay Avenue has been so extreme that it now requires handrails at the Personal Auto site and Avenue Animal Hospital to protect pedestrians from the steep drop -off. Elevation changes like this in the flood plain only result in the transfer of flooding problems to someone else. These changes have created a "perfect storm" of conditions for dramatic flooding in the area. With this in mind, we are aware of nothing of a significant nature had been done, nor has anything been proposed that could prevent or mitigate this imminent problem. New York State has just received record rainfall. We may not get it in this storm system, but we are not immune and the focus is in this rezoning is not on how this will affect the residents, but rather on how an enlarged parking lot can be accommodated. There is a business adage which says "Never become partners with someone who has less to lose than you do ". I believe that if the area being proposed for development were to have an elevation of no higher than the existing land at its lowest point, the proponent would equally have `something to lose' and great care would be exercised to assure that the neighbours and the site were adequately protected in the event of flooding. Perhaps the best and most human way to mitigate future flooding problems in the Eastmount area would be for the City to acquire the lands in question of rezoning. Under the Flood Risk Area Bylaw these lands could be used as a hedge against future flooding in the immediate area. The current location of the retention pond on Golden Grove Road is far too distant from Eastmount to provide meaningful relief. None of the major items mentioned in this letter can be addressed as a singular problem for the Eastmount area. The combination of increased flooding risk due to past and current rezoning decisions; deforestation which has displaced wildlife and birds; the new proposal to reroute Marlborough Street to align with Ashburn Lake Road for massively increased traffic from the throughway — have all definitely affected the quality of life in the area and personal property values for the residents. With the best interests of the residents in mind, I implore the Planning Advisory Committee to reject the rezoning request and encourage the City to take measures to acquire the land in question. This may help to slow the "PACMAN" consumption of a quaint neighbourhood which has taken place "one bite at a time ". This land would offer the benefit of a reduced risk of area flooding as well as a much needed buffer for the only area playground from the burgeoning industrialization of what has been, until very recently, a residential area. The realism of this situation is that the PAC doesn't hold as much sway with the City Council as most citizens would like. The likelihood of any substantial action taking place at the civic level to address what the residents of Eastmount are facing is low. The best respect for the citizens was outlined previously with the suggestion for acquisition of the land being discussed. Without a guarantee of success in this matter I would propose that the minimum that should be considered would include: • The proposed area for rezoning should be separated from surrounding lands by a fence of board -on -board construction no less than 8 feet in height. It should be natural in colour and constructed with vertical gaps between the face of the boards of less than 1 inch. This fence should be at least 6 metres back from the shared property line with all residences. • On the residential side of the fence there needs to be a requirement for a continuous line of shrubs and trees to not only improve the aesthetics and soften the fence line, but to reduce the prospect of the area along the fence from becoming a short cut for trespassers. • All garbage and recycling bins must be at least 30 metres away from an abutting property line or as close to that as is possible. Currently, some of the trucks which collect the industrial waste from the Eastmount area are doing so in the pre- dawn hours. The noise is considerable and very disturbing. • There should be no entrance from the site onto Rockwood Avenue. There is sufficient access to the site without imposing any fi rther traffic on the residents, school buses and children of the area. • Activities that would lessen the enjoyment of the abutting residents land should be restricted to the closest possible approach to Rothesay Avenue. This may include things like — car interior cleaning (vacuums are noise hazards), pressure washing of vehicles (removes hydrocarbons, is noisy, and provides a lot of water spray in the air), and other preparation activities associated with car sales and maintenance. • Exterior lighting should be of such a nature as to shine solely onto the physical parking area and not extend to the fence or beyond. • Signage would only be permitted at a level lower than the height of the top of the fence. I would like you to thoughtfully consider these concerns as they relate to all of the residents of the Eastmount area. Yours sincerely, Donald MacKnight, P.Eng. April 16, 2007 The Planning Advisory Committee The City of Saint John P O Box 1971 Saint John, NB E2L 4L1 To Whom It May Concern: 3 & DE1 j- 1 of 2 �. RECre. WR 17 2007 Re: Proposed Rezoning and Expansion of Car Sales Lot Area to Rear of 440 -458 Rothesay Avenue I oppose the proposed rezoning of the above property as stated in the letter and plan I received written by City Planner, Randall Pollock dated April 4, 2007 for the following reasons. One concern I have had from the beginning of this project has been environmental. A large number of mature trees were removed from the area to prepare the site for the construction of the Mazda building. These trees acted as a natural sound barrier to the heavy truck traffic on Rothesay Ave for a number of years. There appears to be no effort on the part of the developer to replace any of these much needed trees. The latest plan submitted shows landscaping on the side of the dealership only; consisting of sod. I used to enjoy my backyard gazing at the large trees and watching the local birds. Now I see a ditch and a fence. It appears the developer wants to beautify his side of the fence, but is not interested in his neighbours. The fence was added as an improvement; however its purpose now seems to be biding the neighbouring properties. I propose that a number of mature trees be planted on the residential side of the properties in the area known as the fire lane. As a city that is increasingly losing green space it is imperative that the trees be replaced in addition to adding a fence. These trees would be very beneficial to our environment, as well as a beginning to restoring our neighbourhood to the way it was. The next question is regarding the proposed six foot vinyl slatted chain link fence. Is this in addition to the existing wooden fence or does it replace the fence that was just built last year? The existing fencing does nothing to help buffer any noise, a chain link fence will provide even less protection. A lot of these fences actually make a lot of noise by themselves even in low windy conditions. In regards to the dumpsters in the existing parking lot, my question is: are they to be moved? They produce a lot of noise when handled. If they are moved any closer to my property the noise will become increasingly difficult to bear. Additional cars will produce even further noise as they are shifted around in the parking lot. Snow clearing in the winter needs to be completely removed from the site, not pushed towards or over the fence. Any further water displacement will affect bordering properties. 2 of 2 The existing ditch should be sloped toward Rothesay Avenue to avoid overflow of drainage waters toward residential properties. Would it not be feasible to install culverts to the city drainage system? How are the vehicles going to access this parking lot, from Rothesay Avenue or Rockwood Avenue ?Will there be curbs on Rockwood Avenue; and very importantly how does this proposal affect the proposed Auto Village entrances and exits? Please keep in mind the playground on the comer lot at the intersection of Oakland Street and Rockwood Avenue. In summary: Chain linked fencing by itself is no barrier for sound or unsightliness. What steps are being taken to reduce the sound and intense lighting? Mature trees need to be planted on the residential side of the properties to act as a natural sound barrier and restore balance to the neighbourhood. Do not move dumpsters any closer to residential properties. Review snow clearing. Review existing ditches; are they sufficient for current and proposed situation? And, who is responsible to keep them clear of debris? Investigate possible installation of culverts as a solution. Investigate traffic flow with regards to the new "Auto Village ". Thank you for this opportunity to address my concerns in this matter. Should you need any clarification regarding any of this please call me at (506) 633 -1038. Yours truly, Mrs. Evelyn M. Tidd I I Oakland Street Saint John, NB E2J 2P6 April 19, 2007 To: His Worship Mayor Norm McFarlane and other Members of Common Council, Subject: Enhanced retirement benefits being proposed by management and non -union employees. The following questions must be asked to assist council with proper cost forecasting in respect to enhanced retirement benefits being proposed by management and non -union employees. In an effort to determine the true financial impact to other pension contributing employees and taxpayers of Saint John, the following questions must be answered before council approves any form of enhanced pension benefits either from the pension plan or any other city budget which could be supplementing existing or separate retirement plans. In respect to the following staff positions please identify each of the positions by an alphabetical or numerical symbol rather than by name of the individual or their position. A) Please list (staff name not required) each management or non -union position with an annual salary at or above $78,000.00 per year based on this year's pay scale? B) Please list (staff name not required) each management or non -union position with an annual salary at or above $78,000.00 per year based on this year's pay scale, who no longer contribute to the pension plan due to the index pension cap provisions? C) Please indicate (staff name not required) each management or non -union position with an annual salary at or above $78,000.00 per year who presently do not qualify for cessation of mandatory pension contributions and who will be eligible to cease mandatory pension contributions within the next 15 years or before their normal planned retirement, based on the index pension cap provisions? D) Please indicate the City's percentage of payroll contribution to the pension plan [present and future percentages of payroll contribution] for each management or non- union position with an annual salary at or above $78,000.00 per year (staff name not required)? E) Please provide (staff name not required) details of any approved financially supplemented or enhanced retirement and separation agreements between Common 2 Council and any management or non -union position including boards and commissions presently supported by the City as plan sponsor? F) Please provide (staff name not required) details for each management or non -union position with an annual salary at or above $78,000.00 per year the total amount of money to be allocated to the employee in any form as a result of qualifying to cease mandatory pension contributions? The additional following questions are more specifically related to "capping or uncapping the pension plan retirement benefits" and must be answered prior to any decision rendered from the negotiations between the four bargaining units and the management /non -union employees of the City of Saint John. 1. What is the maximum pension per year that can be received by each of five management positions under the present "capped" arrangement (identifying each of the positions by an alphabetical or numerical symbol rather than by name of the individual or their position)? 2. What is the maximum pension per year that each of the above five management positions could receive under the "uncapped" arrangement? 3. How many years must the individual in each of those positions remain employed with the City to reach their maximum pension under the "uncapped" arrangement? 4. What additional amount would each of these individuals contribute into the pension plan under the "uncapped" arrangement? 5. What additional amount would the City as employer contribute into the pension plan for each of these positions under the "uncapped" arrangement? In the management presentations to Common Council none of the above questions have been addressed by Common Council and they ought to be before a decision is rendered by Common Council. Be it resolved, the above questions shall be submitted to the Finance Commissioner for a full and timely response before any final Common Council decision. Respectfully Submitted, Received by e -mail John Ferguson Councillor II.'- www.saintjohn.ca April 20, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 Attached is a letter from the Westside P.A.C.T. (Police and Community Together), a group working to restore the lower west side. I move that Common Council waive any building permit fees for the construction of a community police office in the lower west side. Respectfully submitted, �__-e j Ivan Court / ` Councillor Attachment WESTSIDE P.A.C.T. COMMUNITY GROUP April 19, 2007 Mayor and Council, City Hall, 15 Market Square, Saint John, N.B. Dear Mayor and Council, The Westside P.A.C.T. (Police and Community Together) is a fledgling community group whose mission statement is "To inspire our community of the West Side P.A.C.T. by reducing crime, revitalizing the area, and improving the quality of life for our friends and neighbours." Our group hopes to restore the lower west side by offering support and community based programs for youth and seniors and by partnering with the Saint John Police Force and their community based members. Because of our extremely limited funds at this time, we are requesting a grant to cover any municipal fees that may arise from the construction of the Westside P.A.C.T. /Community Police Office. This is a very important program to the residents of this area. They feel that this area has been neglected and overcome by crime. The construction of our "community" police office is proof that positive changes are happening and a movement towards developing community capacity. Please support us in this endeavor. Thank you. Sincerely, Mary Lou Price President West Side P.A.C.T. 4elt. \ \, April 19, 2007 Mayor Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: ISSUE: OLD NORTH END AFFORDABLE HOMEOWNERSHIP PILOT INITIATIVE O.N.E. HOME (HOME OWNERSHIP MADE EASY) HISTORY: For the past several months, myself, Don Connolly, CMHC and Kit Hickey, Executive Director for Housing Alternatives, have been discussing the concept of an Affordable Home Ownership Pilot Initiative for the North End area. We believe home ownership will be a catalyst for renewed social and economic growth in this neighbourhood. This neighbourhood is in need of new ideas and we feel the concept of affordable home ownership for persons with limited income is a new idea with a sustainable future. The most satisfying element with respect to this Pilot Initiative is the significant number of community partners who are engaged in making this idea a success. SUMMARY DESCRIPTION: Background: During the November 2005 Old North End planning event (charette), 178 projects were proposed by participants to assist with community revitalization. These projects were published in the resulting Community Action Plan. One of the major identified goals was to move the ONE to a better balance between rental (many absentee landlords) and homeownership tenure resulting in increased pride in the community. The goal is to reach 50 percent homeownership within 10 -15 years from the current level which is below 20 percent. This pilot is intended to assist the community in moving that goal forward. (P di SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 40 Pilot Project Description: Sponsor — Rehabitat Inc. / Housing Alternatives Contributing Partners — Royal Bank; CMHC; Service Canada; ONE Change Inc.; City of Saint John; Saint John Real Estate Board; NB Family & Community Services; Hughes Surveys; NB Carpenters Training Centre; Efficiency NB; BCAPI / Vibrant Communities Saint John; Murdoch & Boyd Architects. Proposed Model The intent is to use the Quint Development Corporation Model which is successfully in operation in Saskatoon, Saskatchewan. With the Quint approach, they acquire substandard properties and rehabilitate them in targeted neighbourhoods. Candidate families are selected and then given the opportunity to acquire homeownership after a period of learning and nurturing. The families are initially members of a co -op which supports acceptance of responsibility built into the model as well as working as a team to support each other. Families are able to stay in the co -op or accept full homeownership tenure once they are ready. The first phase of the ONE model involves 4 units of new construction on an infill lot in the ONE. It was felt that new construction, rather than acquisition and rehabilitation of an older property, will provide a better ability to control costs. It will also demonstrate how infill affordable development can be carried out in a sustainable and energy efficient manner. Many infill lots are available in the ONE, thus opportunities exist for future affordable housing development. Subsequent phases, like the Quint approach, may also take advantage of some of the older substandard housing stock in the ONE. However, the first phase will permit processes to be established for client family selection and orientation / training of selected families. Current Status Three committees have already been established to carry the planning forward: 1) Design & Procurement 2) Community Liaison / Candidate Processes 3) Business Plan / Viability Plan A fourth committee is being considered to plan for Communications / Public Relations. SAINT I &N P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N:B.Canada E2L4L1 CHMC has approved Seed Funding to permit project planning to proceed. A rant of $10,000.00 has been made available to assist in preparing the business plan, SAINT I &N P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N:B.Canada E2L4L1 carry out a need and demand study (already completed), carry out an Environmental Site Assessment, assess procurement options, prepare preliminary design and investigate financing options. The expected time line projects a start date in October 2007 to coincide with the availability of the next class coming through the NB Carpenters Training Centre A community based meeting has been planned for April 261h to bring the community up -to -date regarding the proposed project and to generate interest. MOTION: I request permission to speak briefly on key aspects of this document and that this report be received for information. Re Ily submitt , Peter McGuire COUNCILLOR SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I wwwsaintjohn.ca I C.P. 1971 Saint john, N.-B. Canada E2L4L1 You Have To Be Rich To Afford Rent In the Old North End. $549 a month. That, according to data, is how much a 2 bedroom unit costs in Saint John's North End. After 25 years, you will have paid close to landlord. Want to learn about home ownership? Where? Main St. Baptist Church Info Night — April 26th 6:30 P.M. Coffee, Snacks and Info. ONE H.O.M.E. 635 -2035 April 19, 2007 Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councilors: Re, 2007 -08 Harbour Bridge Budget In accordance with the requirements of the multi -party agreement, attached for approval by the City of Saint John is the 2007 -08 Budget for the Saint John Bridge Authority. I have also enclosed a brief presentation on the highlights of the budget and the operation of the Harbour Bridge. I think it is important that the public has a better understanding of these matters and I am requesting an opportunity to present this material to Council on behalf of the Bridge Authority. Recommendation I move that the City of Saint John approve the 2007 -08 Budget for the Saint John Bridge Authority. Respectfully submitted, Christopher T. Titus Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 41-1 Saint John Harbour Bridge Authority 5 Year Budget Forecast Date: A r l . '147 Date: r aro1,7b/Q y- Date: Approved By: 1 2 MiMiMrofTh&nspcft Government of Canada ` Minister of TronsPOnatl Province okK6WEltnls k Mayor , City of Saint John Budget Budget Budget Budget Budget 2007708 2008109 2009110 2010111 2011112 Total Revenue $4,650,228 $4,693693 $4,696,730 $5,110,141 $6,595,408 EXPENDITURES ADMINISTRATION: SALARIES AND BENEFITS $360,691 $372122 $384643 $397,121 5410276 OFFICE EQUIPMENT $10000 $10,500 $11,000 $11,000 $11,000 TELEPHONE $12,036 $12,315 $12,599 $12,890 $13,189 STATIONARY & SUPPLIES $11,278 $11.775 $11,979 $12,188 $12,404 ARMOURED CAR SERVICE $8,487 $8,742 $9,004 $9,274 $9,552 TRAVEL $5,500 $5,500 $5,500 $5,500 $5,500 PUBLIC REL. ADVERTISING $58,561 $58,592 $58,624 $58,657 $58.690 COMMISSIONERS FEES $24,494 $26,454 $28,570 $30,855 $33,324 AUDIT FEES $8,240 $8,487 $8,742 $9,004 $9,274 LEGAL FEES $10,000 $10,000 $10,000 $10,000 $10,000 ADMINISTRATION SUNDRY $4,774 $4,917 $5,065 $5,217 $5,373 TAXES REAL ESTATE $70,000 $70,000 $73,000 $76.000 $79,000 LUNCHROOM SUPPLIES I LUNCHES $6,576 $6,775 $6,979 $7,188 $7,404 STAFF TRAINING $2,000 $2,000 $2,000 $2,000 $2,000 BANK SERVICE CHARGES $10,5001 $11,025 $11,5761 512155 $12.763 Administration Sub-Total $603,139 $619,304 $639,080 $659,049 $679,748 OPERATIONS: TOLL EQUIPMENT PARTSISUPPLIES $46,700 $49,120 $51,782 $54,710 $57,931 INSURANCE $133,127 $133,127 $139,783 $146,773 $1541000 ELECTRICITY BUILDINGS & PLAZA $53,046 $54,637 $56,277 $57,965 $59,704 HEATING FUEL& WATER $14,800 $15,500 $16,000 $16,500 $16,500 TOLL PERSONNEL WAGES $449, 453 $458,442 $467,611 $476,963 5486,502 TOLL EQUIPMENT UPGRADE SO $0 $0 $0 $0 POLICING SERVICES $25,000 $25,000 $25.000 530,000 $30,000 TOKENS & TRANSPONDERS $9,000 $5.000 $9,000 $9.000 $9,000 OPERATIONS - GENERAL $10,713 $11,695 $11,941 $12,194 $12655 Oporatiom Sub-Total 5741,839 $752,521 $777,394 $804,105 $826.092 MAINTENANCE: FREIGHT CHARGES $2.756 $3500 $3,500 $3,500 $3,500 OPERATIONS SUNDRY $7,957 $8,195 $8441 $8,694 $8,955 UNIFORMS $2,500 $3,000 $3000 $3,000 $3.500 SMALL TOOLS & EQUIPMENT $5,000 56,000 $6.000 $6000 $7000 EQUIPMENT REPAIRS & RENTAL 59.500 $9,500 $9,500 $9,500 $9,500 ENGINEERING FEES PROJECTS $68,250 $71,663 $72.000 $79008 $82,370 ELECTRICAL CONDUIT REPAIRS $0 $200,000 $0 $0 $0 PAINTING & SANDBLASTING $4,110,000 $10,000 $10,000 $10000 $10,000 ROAD SURFACING MISC $15,000 $15,000 $15000 $15,000 $15000 CONTINGENCY DECK REPAIRS $25,000 $25,000 $25,000 $25,000 525.000 ROAD SURFACING & REPAIRS $510,000 $190.000 $400000 $2.500 5400.000 CONTINGENCY PIER REPAIRS $0 $0 $50,000 $0 $0 SIDEWALK PARAPET WALL REPAIRS $0 $0 $0 $610,000 $610,000 ELECTRICAL & MECHANICAL $15609 $15,927 $11.255 $16.593 $16.940 SNOW CONTROL EQUIPMENT $14.000 $14.000 $14,D00 $14,000 $14,000 ICE MELT SUPPLIES $10,000 $1D.000 $10,000 $10,000 $10.000 MOTOR VEHICLE OPERATION $28,957 $28714 $30,000 $30.811 $32.000 TRAFFIC SIGNS $5,000 $5,000 $5000 $5000 $5.000 REPAIRS & MAINTENANCE $51,305 $51.464 $51621 551,797 $51971 JANITORIAL SERVICES& SUPPLIES $15277 $15,735 $16207 $16.693 $17.194 MAINT. REPAIRS TO JERSEY BAR $40,000 $40.000 $40.000 $330.000 $230.000 MAINT. REPAIRS TO PLAZA ROOF $0 $80,000 $0 $0 $10,000 BEARING PLATES/SUBSTRUCTURE REPAIRS $80.000 $80,000 $100.000 $25000 $25000 CONTINGENCIES $20,000 $20,000 $20000 $20000 $20,000 MINOR CAPITAL PROJECTS MISC. $25,000 $25000 525,000 $25,000 $25,000 Maintenance Sub -Total $5,061,111 $927698 $925,524 $1,317,096 $1,631,930 Total Ex nses $6,406,089 $2,299,524 $2,341,997 $2,780,250 $1,1]7,770 Estimated Open Ing Surplus(Deficit) .$1,755.961 $2,394,189 $2,354,731 $2,329,891 $1,467,8]8 Date: A r l . '147 Date: r aro1,7b/Q y- Date: Approved By: 1 2 MiMiMrofTh&nspcft Government of Canada ` Minister of TronsPOnatl Province okK6WEltnls k Mayor , City of Saint John b 4 -r - m # Some History • In 1909 City residents voted overwhelmingly in a plebiscite to build a $900,000.00 Bridge. • 1929 project was revived only to die because of the Great Depression, estimated cost $2,600,000.00 • 1952 another plan presented to council, cost $4,400,000.00 Some History • From 1949 on the Harbour Bridge was almost constantly under discussion, but plan after plan drifted into limbo. A Breakthrough! • As the 50's ended, Saint John was gradually strangling in it's own traffic. • On May 1St, 1961 Common Council called a meeting and appointed a six member citizens committee to develop a plan for a Harbour Bridge. Progress'. • Within two weeks, the committee had it's first meeting and appeared before council with a proposal. • A cross City expressway from Chesley Street to City Road and a four lane bridge M n the vicinity of Navy Island. Prog ress ! • Studies were initiated • Governments were approached for funding • It became clear that neither Ottawa or the Province would fund the bridge. • Council petitioned the NB Legislature to set up an independent seven member Saint John Harbour Bridge Authority to build, maintain and operate a Toll bridge • The Saint John Harbour Bridge Authority was established by the New Brunswick Legislature as an independent seven member Authority in April of 1962. • Five members appointed by the City • One member appointed by the Province • One member appointed by the Government of Canada. • Four party agreement signed between the Authority, City of Saint John, Province of New Brunswick and the Government of Canada respecting the financing, construction and operation of the bridge July 7t ", 1966 • Original financing provided by National Harbours Board • Four Party Agreement stipulated that the Government of Canada would advance monies if revenue fell short of expenses. The New Bridge • Construction began in 1965 • Estimated cost $18,000,000.00 • Scheduled completion date Oct 30th, 1968 The New Bridge • Opening day August 17t ", 1968, 2 months ahead of schedule! • Revenue exceeded operating expenses every year including the first one. • Interest charges resulted net deficits each year. • Total interest charges from 1969 to 1990 were $25,317,477.00 • Operating income during that same period was $13,139,041.00 • Four party agreement amended in June 1990 • Government of Canada rolled all loans and advances including accrued interest into two non interest bearing loans. • Repayment terms: Revenue less operating expenses and capital expenditures to be remitted to the Receiver General annually in June. 2005 Detailed Inspection • Up to 2005 engineering inspections other than the bridge deck had been visual, carried out from the ground. • Because the Bridge was approaching 40 years of age, a more detailed "hands on " inspection was undertaken. !!L� 05/30/2005 Jenik Crane Inspection Results • Results of the inspection were mostly positive, the bridge is structurally sound, however, several areas were identified that needed attention. • Engineers were asked to prepare a 10 year maintenance plan to keep the Bridge in top form. Major Capital projects 10 Year Plan • Painting bridge structure $6,450,000.00 • Pier Repairs $115,000 • Road Surfacing Deck Repairs $2,000,000 • Jersey Barrier Repairs $1,200,000 • Parapet Wall Repairs $3,060,000 • Bearing Plates /Substructure Repairs $545,000 • Electrical Conduit Repairs $350,000 Summary of Ten Year Plan • Total Maintenance /Refurbishment Costs on the Bridge Structure $14,000,000.00 • Upgrade of Electronic Toll System (currently underway) $534,000.00 Cash Flow Forecast — Assuming no debt repayment Year Opening Balance Closing Balance 2006 $1,896,000.00 $182,000.00 2007 $182,000.00 ($749,89100) 2008 ($749,893.00) ($751,156.00) 2009 ($751,156.00) ($794,893.00) 2010 ($794,89100) ($11276,88100) 2011 ($1,276,882.00) ($2,116,392.00) 2012 ($2,116,392.00) ($2,379,725.00) 2013 ($2,379,725.00) ($2,840,661.00) 2014 ($2,840,661.00) ($4,351,354.00) 2015 ($4,351,354.00) ($6,226,175,00) 1201 6 ($6,226,175.00) ($7,277,80100) Cash Flow • With no Toll increase, we would be in a negative cash position within a year. • Even with a Toll increase in January, we will have to borrow money to finance the repairs scheduled for next year. Fact or Fiction • Requests have been made over the years to have the Debt forgiven • The bridge debt will be paid off by 2016 • Neither the Federal Government nor the Provincial Government want to take over the Bridge Summary to Date • Original Loan Amount $19,939,201 • Interest charged to 1990 $25,317,4770 • Paid to date Principal & Interest $22,140,014. • Balance Owing $22,646,108. The City of Saint john April 19, 2007 Mayor Norm McFarlane Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors: UPDATE — AFFORDABLE HOUSING PROJECTS BACKGROUND: Mayor and Council have been extremely supportive of a variety of Affordable Housing Projects over the past three years. These projects have all contributed to the social and economic growth of our City. Effective housing responses that prevent homelessness among families with children also improve life opportunity and future educational and employment outcomes. In building affordable housing, we are helping to create a key part of the infrastructure that makes cities work. Affordable housing is a sustainable form of infrastructure. It is more sustainable to invest in housing assets because unlike other public infrastructure, housing assets generate property tax revenues. The affordable housing community believes more projects will be coming to our City in the near future as several very positive meetings with Minister of State for Housing, Mary Schryer, have recently taken place. The following electronic slide presentation represents a reflection of these Projects. MOTION: I request permission to show the above -noted slide presentation. Respe Ily submitted, r Pete4VIIr e COUNCILLOR 6) " SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint john, N.-B. Canada E2L 4L1 L* i s ¢ ° Y �r In ImIt gI- ij d IV— I III - a r _ - - _ -` a -._ -. 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Immediately after the decision, a second motion was proposed that would have the question of moving to a Ward System be put to the citizens of Saint John by way of a plebiscite during the next municipal election in May of 2008. This resolution was not voted on at the time, but rather was referred to the City Manager in order that he might clarify a couple of matters before Council actually voted on the matter. WHAT IS THE QUESTION TO BE ASKED? In the absence of any further debate or suggestions, it would be reasonable to conclude that the question to be asked would mirror that asked in 1998. "Do you want the City to be divided into four wards of approximately equal population with two Councillors to be elected by the voters in that ward, and two councillors to be elected at large? " It should be noted that the Mayor of the City would continue to be elected at Large. IS THERE A LIMIT ON AFFIRMATIVE VOTES THAT WOULD REQUIRE COUNCIL ACTION? If 60% or more of those who vote choose to vote "yes" to this question, the Municipal Elections Act requires that Common Council implement the proposed four ward systems. If less than 60% vote "yes ", Common Council can choose what action to take if any. Report to Common Council Page 2 Subject: A Ward System- Information Related to Holding a Plebiscite WHAT IS THE PROCESS TO BE FOLLOWED? If 60% or more vote yes on a plebiscite, or if Council simply makes the decision, after the next election then: Council would instruct staff to analysis the population data and report back to Council with an appropriate set of boundaries consistent with the question asked on the ballot. Council would then instruct the City Solicitor to prepare a specific bylaw setting out the boundaries. • The by -law would be subject to public hearings and the required three readings. WHEN WOULD THE WARD SYSTEM TAKE AFFECT? The bylaw would come into effect at the next Municipal Election in 2012. WHAT COSTS WOULD BE INCURRED BY THE MUNICIPALITY? All costs associated with holding a plebiscite, in conjunction with the municipal election, would be borne by the Province of N.B. However, staff would suggest that there would be an onus on the Municipality to provide some sort of "communication" or "educational" piece to all potential voters. This piece should endeavour to spell out the advantages and disadvantages of both systems and to fully explain the new voting system should a ward system be adopted. Depending on the length, quality and method of distribution, this could cost the City from as little as $10,000 to $50,000 or more. This issue would be discussed with Council during the 2008 Budget deliberations and at the time Council could decide on how much the Municipality should invest in this endeavour. TIMING: If Council decides to order the plebiscite question to be asked in conjunction with the 2008 Municipal Election, Council should advise the Province as soon as the decision is made. Staff trusts that this is the additional information Council was seeking before considering this matter. Report to Common Council Subject: A Ward System- Information Related to Holding a Plebiscite RECOMMENDATION: That this report be received and filed. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER Page 3 REPORT TO COMMON COUNCIL M &C #2007 -105 7 , ` 711c 04v trf 5�im. �phn April 23, 2007 REPORT TO COMMON COUNCIL His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: SAINT JOHN & AREA COMMUNITY CENTER NEEDS CONFIRMATION STUDY At the last meeting of Common Council, a presentation was received with respect to a "Multiplex Community Center Needs Confirmation Study." The presentation was made by Wendy Donovan, dmA Planning & Management Services along with Bob Manning, Chairman of a subcommittee of the Recreation Implementation Committee, chaired by Councillor Ferguson. The initiative for this study stemmed initially from the so called Wallace Report and was later pursued by the Recreation Implementation Committee and in particular a Subcommittee. The Subcommittee sought and received the support of Common Council in the amount of $50,000 and received Provincial support in the amount of $10,000. With funds in hand, the subcommittee finalized their process and ultimately engaged dmA. Upon receipt of the Study, Common Council referred the matter to the City Manager for a report and recommendation, with specific direction that a report be presented at this meeting of Common Council. The City Manager met with staff members from both Leisure Services, Planning and Finance. Staff's general reaction to this Study was that it was well done and contained a significant amount of very useful information. Staff was most impressed with the degree of consultation undertaken by dmA as well as their demonstrated subject knowledge and Report to Common Council Subject: Saint John & Area Needs Confirmation Study Page 2 the very candid comments made during the presentation. As a result, staff is of the opinion that this Study provides a sound foundation from which to build upon. Moving forward, the Recreation Implementation Committee has to set about trying to raise the following funds in order that this project can be advanced. Public review /communi participation $7,000 Operating Model 50,000 Funding Capacity 25,000 RFQ/RFP 12,000 Preliminary Architectural Concepts 45,000 $139,000 Much work needs to be done as the Region moves forward with this initiative. Moving forward will require further discussions on a number of issues, not the least of which are: (1) There needs to be a clearer vision with respect to the primary purpose of this facility. At the moment it is apparent that there are those who see this facility as having a primary purpose of meeting a number of social needs in some area or neighbourhood. At the same time, there are those who see this facility as a "destination" in and of itself. Self- funded, through unsubsidized user fees, with perhaps some non prime time opportunities being made to help meet some of those social needs. (2) As for the site, the report focuses in on one privately held site in East Saint John. Staff is aware that this site gained specific attention because the owner has made it known that he is willing to sell it for that purpose. However, with a price tag of $33 million, staff would suggest that location is critical. Not to imply that the site under consideration is not a good one, but rather, all parties must be satisfied that enough analysis has been undertaken to find the "best" site to support the primary purpose of this facility, to meet the future and current demand for such a facility and to garner the support of a number of partners that will be required. It is not just about finding an available 15 acre site, it is about finding the "best site" unfettered by concerns of municipal boundaries or the current use of the site. This issue will become more relevant when and if a cost sharing formula is being discussed. (3) As for the need for this to be a "Regional Facility ", staff appreciate that this has always been the position of Common Council. However, to this point we have not heard directly from the neighboring municipalities. Staff would suggest that the Recreation Implementation Committee attempt to ascertain Report to Common Council Page 3 Subject: Saint John & Area Needs Confirmation Study whether or not there exist other municipalities who wish to participate and under what conditions. FINANCIAL IMPLICATIONS: Discussions with the Commissioner of Finance indicate that the preparation of a detailed analysis at this point is premature. What is certain is that if there is an expectation that the City of Saint John will fund all, or a significant portion of the $33 million, the City can expect to see a very direct and immediate effect on the municipal tax rate. It must be acknowledged that this level of investment is double that incurred by the City in relation to Harbour Station, more than 50% greater than that discussed in relation to a new Police Station, double that being considered for a new Transit Facility and about equal to the amount being invested by local Utility Rate Payers in Harbour Clean Up. It is for this reason that a well thought out business plan, identifying "confirmed" funding partners, must be in place before Council can be advised of the financial implications to the City of Saint John. Part of this next phase, to be undertaken by the Subcommittee, will attempt to address this issue. As for the funds being recommended in this report, the Capital Budget did provide Common Council with some latitude to explore and participate in these sorts of initiatives. Sufficient funds are available within this envelope should Council support the staff recommendation. CONCLUSION: As indicated, staff accepts the position that there is a need for such a facility in the region and as such, the entire region should be pursuing this particular development. At the same time, an investment of $33 million will require a number of partners all agreeing to the primary purpose of this facility, the best site for the facility and a fair and equitable cost sharing formula. Given that the City of Saint John has been the primary funding partner to date, staff would suggest that it is now time to determine if there is a sincere interest in the region to move forward. Raising $79,000 from the neighbouring municipalities would demonstrate strong support. As a result, the following recommendation is proposed. RECOMMENDATION: That Common Council approve an amount of $60,000 to the Recreation Implementation Committee with the following conditions and /or understandings. Report to Common Council Subject: Saint John & Area Needs Confirmation Study Page 4 (i) That the Recreation Implementation Committee confirm that the balance of $79,000 ($139,000 — 60,000) has been committed to by one or more of the neighboring communities (Rothesay, Quispamsis, Grand Bay — Westfield, Hampton), or, (ii) Should the Recreation Implementation Committee succeed in raising the remaining $79,000 from either the private sector or other levels of government that Common Council be so advised before final approval of the City's contribution is given, or (iii) Should the Recreation Implementation Committee choose to scale back the scope of its work to some value less than $139,000, then Council's approval of funding be established as being not more than 43% of the value of this work and that the Council be advised by the Committee of any decision in this regard. (iv) and finally, the Recreation Implementation Committee be advised that the City of Saint John is prepared to enter into discussions at an appropriate time, with respect to a fair and equitable cost sharing of this investment, that would be an obvious benefit to the entire region. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER REPORT TO COMMON COUNCIL M& C 2007 - 1 1 1 ` °° April 181", 2007 „F His Worship Mayor Norm McFarlane The City of saint Fain And Members of Common Council Your Worship and Members of Council, SUBJECT: PRINCE WILLIAM STREET Prince William Street is one of the most historically significant and commercially important areas in the heart of our city. The vibrancy of the entire community is very much a reflection of the energy radiating from this urban street. PURPOSE OF REPORT The purpose of this report is to address the matter of traffic flow at the north end of Prince William Street and also to review questions of infrastructure and other servicing needs. It should be apparent to most that the challenge before us involves more than simply dealing with the status of a temporary traffic barrier. BACKGROUND Prior to the reconstruction of Water Street in 2005, Prince William Street served as the primary northbound arterial for traffic flowing from and through the South Central Peninsula. (Water Street served southbound traffic, some destined for industrial areas in East Saint John.) Prince William carried heavy daily traffic flows, including large trucks, a purpose for which the street was not designed. Most traffic along the street was travelling through the area to points north and west, including Highway #1. 1999 Transportation Study and Recommendations In 1999, a Transportation Study was undertaken at the direction of Common Council to develop a long -range (20 -year) plan to address street and traffic system needs, to review truck routes and to guide development of the city's overall transportation network. Flowing from the study was a series of recommended actions, including: State I: Short Term (0 to S years) ca Mark Drive realignment (Consumer / Commerce / Majors Brook Drives) Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 2 ca Improvements to Bayside Dr /Mount Pleasant E /Causeway intersection caa Widening McAllister Drive to 4 lanes (Westmorland to Loch Lomond) ca Upgrade signalized intersections (— 22) to optimize phasing and timings ca Simms Corner realignment and signalization ca Upgrade Water Street to 2 -way traffic ca Signalize Sandy Point Road / Tucker Park Road intersection Staize II: In term ediate Term (5 to 10 years) ca One -Mile House Interchange ca Widen Loch Lomond Road State III: Lonz Term (10 to 20 years) ca Four lane Somerset Street (Barker to Millidge Avenue) ca Upgrade Paddock Street (Garden to Waterloo) and extend to Union Street ca Remove the Tolls from the Harbour Bridge The 1999 Transportation Study was the impetus for some significant changes made or planned for the city's transportation network. Many of the items identified have been acted upon, with the Study's major recommendations (One -Mile House Interchange and Simms Corner Realignment) high on the priority list for the relatively near future. Water Street Improvements and Intersection Changes The work along Water Street, initially a product of the 1999 Transportation Study, became much more than simply a traffic system improvement. The upgrade of the street has become an integral part of the overall Waterfront Development initiative taking place in Saint John. The first phase of Water Street reconstruction was undertaken in 2005, with the sidewalk and landscaping work on the west side of the street being carried out now in early 2006. Further planned improvements include major green space projects at St. Andrew's Park at the north and Three Sisters Park at the south of Prince William. Water Street reconstruction also involved underground utility work (electrical, water and wastewater), as well as the reconfiguration of the King / Prince William / Water / St Patrick intersection. The intersection was reconstructed in 2005 as planned, with rearranged traffic signals, enhanced crosswalks and signage to direct traffic flows leaving Prince William Street. It soon became apparent that the signage alone was not effective. With Water Street changed to 2 -way traffic and motorists becoming accustomed to the new flow pattern, most through traffic migrated from Prince William to Water. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 3 A temporary barrier was installed in the fall 2005 as a traffic control measure, with a plan to construct a permanent traffic island in 2006. The general thought was to exercise some caution before proceeding to install infrastructure that might not provide an optimal long- term solution. Alternatives for Prince William Around this time, two possible alternatives for Prince William Street were suggested to us. One was the idea of making the first block between King and Princess into a pedestrian mall (a la Sparks Street Mall in Ottawa). It was also proposed that changing the flow of traffic to southbound might have merit — actually improving access to this vital business area and, at the same time, resolving traffic conflicts. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 4 The idea of a pedestrian mall was discussed at a meeting with area businesses in February 2006 and rejected. At that same gathering, the notion of a different traffic flow direction was briefly introduced, without much discussion but no negative comments either. In considering preparation of a report to Council to propose a traffic by -law amendment to change the direction of traffic flow, staff met with property and business owners in the area to get their views in June 2006. Although some people thought the idea had merit; the majority were not in support. However, from that meeting a commitment was made to go back and review more traffic flow information. When considered in isolation, it is fair to say that the review process has taken too much time. Traffic Flow Options / Solutions A level of service operational analysis using a computer software simulation package called Synchro /Sim Traffic was carried out for three traffic control and lane distribution scenarios at the Water Street / King Street / Prince William Street intersection by Don Good, P.Eng. of ADI Limited. Mr. Good is highly regarded as a top traffic engineer in the business. Three scenarios were considered initially (although other adjusted alternatives have since been evaluated by staff with guidance from the traffic consultant): 1. Scenario A — Existing traffic control with a stop sign on the Prince William Street approach to King, with no left or though movements (permanent traffic island). 2. Scenario B — Traffic control conditions with both intersections signalized. All turn movements would be permitted. 3. Scenario C — Prince William Street traffic flow changed to one -way southbound. Mr. Good reviewed these three options at a public meeting held on Tuesday, March 20tH He showed a simulated traffic flow model, giving people an idea of anticipated traffic flows and he answered questions posed by those in attendance. Staff asked that attendees carefully consider the options, the pros and cons of each, keeping traffic and pedestrian safety in mind. Although a technical balancing of those pros and cons, including projected traffic volumes, would indicate a preferred option, it was not the intention of staff to push any one solution over another. The goal has been to reach a positive consensus on how best to address traffic needs at this location. The above alternatives, among others, will be discussed further in the Analysis section. A very positive result of the March 20th meeting was the dialogue (two -way) that was established with the people living and doing business in this part of our community. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page S As mentioned above, the issues of the area involve more than simply the status of a temporary traffic barrier. We will attempt to touch on some of those in this report. Infrastructure — Prince William Street and Area In recent years, the City has undertaken underground water and sewer work at the south end of the street and constructed a critical retaining wall in the block between Princess and Duke. There are also several very significant maintenance and reconstruction projects planned for the next few years (exact timing to be determined by Council). 1. Street Resurfacing (2007): Princess to King (estimate $50,000); coordinated with connections to Saint John Energy sub - station to be built into the foundation of the Barbour's General Store site and other construction at St. Andrew's Park. The resurfacing work will be carried out at night. 2. Transportation (2009 ?): Queen to Water, full street reconstruction (estimate $670,000); water, sanitary and storm services were installed in 2005. 3. Infrastructure Renewal (2010 ?): Princess to Duke, renew water main and sanitary sewer (estimate $245,000). 4. Transportation (2010 ?): Princess to Duke, full street reconstruction (estimate $1,200,000, with $350,000 from others for underground electrical services). The reconstruction of these sections of Prince William Street is an essential part of the overall development of the waterfront and historical heart of the city. Most noteworthy in area reconstruction efforts are the plans for Waterfront Development. Common Council has committed $800,000 in the 2007 Capital Program, with a further large amount from others, for Phase III of Water Street Reconstruction. The planned work will radically change the streetscapes of Water Street and Prince William, including the addition of St. Andrew's Park (north end) and Three Sisters Park (south end). The concept plan for St. Andrew's Park is attached. Maintenance Servicing of the Street It is our goal to provide high quality service, cost - effectively delivered within the bounds of the policy and budget resources established by Council. Certain of the package of municipal services are core to an important urban area like Prince William Street. These include maintenance of sidewalk and street surfaces, priority street cleaning, meticulous litter control, structure maintenance (light standards and signage, for example), and enforcement of high streetscape standards. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 6 If the City of Saint John is to realize maximum advantage from the jewel that is Prince William Street, particular attention needs to be given to the management and delivery of maintenance services. This is a matter of high priority. ANALYSIS The so- called "Wall ", with its apparently negative connotations, has in fact provided the impetus for a more general dialogue and much needed attention for one of the most significant streets in the community. The work being done at Centre Beam Place, for example, with last year's distinctive reconstruction of Grannan Street by the City, is evidence of positive change and optimism. Following the March 20th meeting, staff visited numerous business and property owners in the area to discuss traffic flow and other issues. The dialogue was most constructive and, in fact, a very positive experience. People care about their community, about their city. They also need to ensure the interests of commerce are fully recognized. Traffic Flow Alternatives In addition to the three traffic flow options outlined above and discussed at the March 20th meeting, several others have been suggested and considered. Each has merit, but unfortunately each has drawbacks. People have expressed strong concern about more traffic lights in the area, while other favour traffic control signals — some for reasons of vehicles, some for pedestrians. It is acknowledged by all that the area needs to be pedestrian friendly, a "people place" that draws citizens and visitors alike. Some of the other ideas suggested and considered included: m Utilizing the former bus lay -by for traffic to access Water Street and destinations west and north. (This would require a significant and restricted redesign of the plans for St. Andrew's Park.) m Reorient St. Andrew's Park, from north -south to east -west connected to the east side Prince William Street sidewalk and closing off direct access from Prince William to King. All traffic would flow to Water Street. m As above, but allow a single lane connection (right turn only) to King Street. m Two -way traffic on Prince William Street. People made numerous suggestions, most of which deserved consideration. Servicing Needs — Understanding and Commitment Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 7 In preparing for the March 20th meeting, staff took the opportunity to walk Prince William Street on Tuesday, March 13th. What was observed from a "maintenance and cleanliness perspective" was not acceptable. We cannot rationalize why things like litter barrels had not been serviced. The litter on the street was also unacceptable, but that is something that stakeholders need to work together to address. It was also apparent that the build -up of snow and ice along the street made access to and from the street unduly difficult. The matter of snow removal (picking up and hauling away) for built -up commercial areas like Prince William Street is covered in the report on "Winter Sidewalk Service ". As a result of the observations, staff directed that Prince William Street (wall to wall) be cleaned -up and all snow and ice removed that very night. This was done. It is important that we strive to do every job well. Where that does not occur, we are accountable. It is our responsibility to take the steps necessary to make things right. We must and will insist that all services be managed and delivered effectively. Now, what standard of service should be expected for a street like Prince William? Keeping in mind that the City cannot do everything, it has to be recognized that the municipality must provide a core level of service to a "place" like this - to ensure it is kept clean, well maintained and "liveable" year round, 12 months of the year. Business and property owners also have a major part to play in working with the City. Each and every person we spoke with indicated a willingness to do so, including for example the clearing of the sidewalk in front of their property after each and every snow storm. In the presentation on the "Winter Sidewalk Service" this very point will be discussed. Prince William Street is a vital part of the community that we serve; our goal is high quality, well- managed services that use public resources well and measures performance; services that the community also understands. The efforts of business /property owners need to complement those of the City to achieve the essential outcomes that we all seek. Parking Parking on and near Prince William Street is crucial to activity and business along the street. Just about every property owner and business person stressed the importance of maintaining as many parking spaces as possible in the final traffic flow configuration. The notion of 2 -way traffic on the King -to- Princess Block, for example, would have a seriously negative impact on space for parking. Staff reviewed the issue of parking with staff of the Parking Commission. We visited the area together and discussed ways of working together to enhance service delivery from both areas. This cooperation will be part of the service strategy going forward. Police Traffic Services Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 8 Police traffic support has been discussed with the Chief of Police. Police Force traffic officers will work with City staff to assure traffic flows and pedestrian safety are carefully monitored. The Police Force will also participate directly in the transition to any new traffic flow arrangements. Pedestrian Considerations Pedestrian considerations were foremost in the analysis of traffic routes and controls for the Prince William / King Street intersection. In the end, we must strive to find an appropriate balance among what may appear to some as competing interests. Pedestrians have an obligation to themselves to be attentive in crossing streets; motorists have the responsibility to respect the movement of pedestrians and to yield the right -of -way at crosswalks. There is also a further concern; to not create a frustrating set of barriers for vehicles moving though an area — as has been the case with the so- called "Wall ". Additional Traffic Signals A stop sign at the intersection with King Street is no more dangerous from a traffic safety perspective than other uptown intersections, for example the one at Germain and King Street. Although restricting left turns from Prince William means slightly better vehicular safety, allowing those movements does not create a serious hazard. Alternatively, allowing movements other than only right turns should reduce the number of vehicles travelling across the crosswalk at the foot of King Street. Installing traffic signals at the King Street — Prince William intersection has drawbacks for King Street. Overall, the scenario could be made to work in the short term, but would begin to experience substantial congestion as volumes increase in the future. There is also a substantial cost involved in making such an installation. Public Information Dialogue with the public is undoubtedly the single most critical consideration in attending to the needs of Prince William Street. The communication that has taken place as a result of the "Wall" has contributed to better understanding on many fronts. The "connection" now needs to be built upon and enhanced. In fact, achieving what we believe is the "best" long -term solution to the traffic flow question will depend very much on dialogue with and within the business community in the larger. area. The effort of the City's Communications Officer in providing support to the process that has taken place has been noteworthy. Her contribution has made a real difference. Uptown Saint John has also been supportive and they will need to play a lead role in bringing their members together on the "best" long -term solution for traffic. We understand that as an organization, USJ recognizes the merits of a sustainable solution for the long term — despite the fact the individual views of their members might diverge. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 9 Waterfront Development People are excited about what is taking place on the waterfront, including the parks and greenspace planned for both ends of Prince William Street. Although many people are well informed on the plans, some saw the St. Andrew's Park concept for the first time. They were thrilled. Just about every person we spoke with recognized the huge impact that this park and its attraction will have for the entire area. Therefore, the approach we will advise for traffic — in both the short and long term — was influenced greatly by construction of St. Andrew's Park (between Prince William and Water). Again, the concept plan is attached. It would be the recommendation of staff that a determined effort be made to initiate the construction of St. Andrew's Park this year, with completion no later than June 2008. We have had this discussion with representatives of the Waterfront Development Partnership and they recognize the value of moving forward in a timely manner. We all agree, however, that nothing should compromise the final quality of this greenspace - in the heart of the city. The private sector might wish to contribute to an enhanced Park. Long -Term Traffic /Area Optimization It is the professional opinion of staff that the best long -term solution for traffic flow optimization and access to Prince William Street is the reversal of traffic flows — from northbound to southbound. A good number of business /property owners in the area also believe that to be the case. There is concern among the majority of business people that a disruption of established travel patterns would potentially confuse people and make them want to avoid the street. Alternatively, the notion of entering this historic and commercially important area from the heart of the city has a positive appeal to it. Staff's view is founded largely on the technical traffic advice received. The consultant, Mr. Good, has suggested that a change to one -way southbound traffic would almost double traffic volumes — to 2300 vehicles per day from the current estimate of 1200. The intersections in the area would operate efficiently during peak travel periods with no significant delay or queuing. The scenario would also accommodate future traffic increases. On the whole, positively and properly promoted, we believe this alternative offers a solution that is both effective in the short term and sustainable into the future. ACTIONS PLANNED The City of Saint John should take the following steps concerning Prince William Street: 1. Maintain the current direction of traffic — in the immediate term. 2. Continue public dialogue with area businesses and property owners, coordinated through the City's Communications Officer and Uptown Saint John. Prince William Street Report to Common Council, M &C 2007- April 18'h, 2007 Page 10 3. Undertake a public information campaign to explain any changes being made, with an emphasis on attention to pedestrian safety obligations (for both motorists and pedestrians) and using the intersection with King Street responsibly. 4. Remove the temporary traffic barrier, maintain the STOP sign control and install cautionary signage at the intersection with King Street. Do not install another set of traffic lights at the intersection of Prince William and King. 5. Permit flow of traffic in all directions from one lane on Prince William Street (left turn, right turn and through), after a full STOP, with signage to advise "Caution ". Traffic flows during non rush hour periods is not expected to be problematic. 6. With the cooperation of the Saint John Police Force, arrange for a traffic officer to closely monitor the intersection at the "morning rush hour" for at least the first couple of days and the "evening rush hour" for the first five days, with further monitoring determined in consultation with the Chief City Engineer and the Chief of Police, after assessment of traffic behaviour. 7. Document fully the traffic analysis undertaken by the consultant and, if necessary, with additional information; and share that report with Uptown Saint John and business /property owners, including those along other streets in the area. 8. Maintain all current parking spaces. 9. Undertake a full repair of all brick surfaces as soon as weather conditions permit. 10. Update the street cleaning and litter management program for the entire uptown area, with a particular focus on working with businesses and property owners. 11. Formulate a program for the ongoing care and maintenance of the decorative light standards, including the use of special paints to discourage stick -on "posters ". 12. Update the Snow and Ice Control Plan to reflect a renewed emphasis on business and property owners clearing sidewalks fronting their properties, more timely removal of snow and specific attention given to minimizing icing conditions. 13. Work with Uptown Saint John to consider ways of working together to enhance cleanliness and early identification of problems and issues of mutual concern. 14. Commence a dialogue towards finding and implementing the "best" long -term solution for traffic flow onto, along and from Prince William Street. Done properly, with the right amount of positive promotion, change might even be used to enhance commercial and people activity along the street. Prince William Street April 18th, 2007 Report to Common Council, M &C 2007- Page 11 15. Strongly encourage the construction of St. Andrew's Park to be undertaken in 2007, with completion no later than June 2008. INPUT FROM OTHER SOURCES The dialogue that has come about as a result of the problematic "Wall" has been by and large most constructive and worthwhile. The input of the many stakeholders is much appreciated, as is the cooperation of the Police Force, the Parking Commission and Uptown Saint John. FINANCIAL IMPLICATIONS Every effort will be made to minimize cost implications. For one, we do not believe it would be prudent to incur the expense of another signalized intersection in the immediate area at this time. Most of the actions planned involve activities that fall within the City's normal service mandate. The project to construct St. Andrew's Park has already been approved by Common Council in your 2007 General Fund Capital Program. TOWARDS VISION 2015 Prince William Street represents an urban street with a past to discover and a future to enjoy. The community's vision for the future will undoubtedly include creating vibrancy in our streetscapes. RECOMMENDATION It is recommended that Common Council endorse the actions outlined herein, and receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering Prince William Street Report to Common Council, M &C 2007- Terrence L. Totten, FCA City Manager April 18'h, 2007 Page 12 Prince William Street Report to Common Council, M&C 2007- &�� April 18'h, 2007 Page 13 J+' .-Comff- Pr fLkN Y;EWr-.ROM KING 5MZETL"IP4Cr6dUT.4 St Andrew& Park aa WW 4ohn i'� iy, APA gmg REPORT TO COMMON COUNCIL M & C 2007 - 108 April 19, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Slope Failure Fallsview Drive BACKGROUND M. The City of Saint John Sometime during the evening of April 16, 2007, a slope failure occurred along the slope on the east side of Fallsview Drive between the Reversing Falls Restaurant and the cafe constructed to the south of the restaurant. The slide encompasses a substantial area measuring approximately 20 metres wide by 2.5 metres deep and 35 metres long. The restaurant and caf6 are not in immediate danger as they are located further away from the slide area and are constructed on more stable geological conditions. The slide stopped at the back edge of the existing sidewalk and fence at the top of the slope. A street light standard is in fear of falling and must be removed until permanent repairs can be made to the slope. M & C 2007 — 108 April 19, 2007 Page 2 ANALYSIS The failure appears to be the result of high tide washing the toe of slope coupled with thawing soil and heavy rains. The rain saturated the silty sands and gravels in the immediate area to a point where the weight caused the soil to slide toward the river. Municipal Operations & Engineering, working in consultation with Building & Inspection Services, had concrete barricades installed immediately to secure the area. Staff contacted a soils expert — Fundy Engineering & Consulting Ltd. - to assess the slide and resulting conditions. The consultant has been retained under the authority of the Chief City Engineer to monitor the site, conduct an appropriate survey, prepare a detail construction drawing, provide an estimate to affect the required permanent repairs and provide construction management and inspection services during construction. The cost estimate for the engineering services is approximately $13,000 + HST. There is a sense of urgency to take immediate action to make repairs to the site for not only safety reasons but to mitigate further erosion. Immediate action will stabilize adjacent soils and minimize the potential for increased costs should further slides take place over time. Upon completion of a detailed construction design, a contractor should be hired to carry out the construction repairs. It is unknown at this time what the construction cost will be but it is known that the work must be done as soon as possible. The engineering consultant will provide an estimate for the repairs upon further investigation of the site and development of the detailed construction plan. We do not believe that time can be afforded to publicly tender this project as is normally the case with approved projects within existing budgets. Staff seeks Council approval that the Chief City Engineer be authorized to hire a contractor, in consultation with the Purchasing Agent, to make the necessary repairs upon completion of the detailed construction design and estimate by the engineering consultant. Staff will keep Council updated with progress and costs associated with this unscheduled project. FINANCIAL IMPLICATIONS Engineering costs to monitor the site, conduct an appropriate survey, prepare a detail construction drawing, provide an estimate to affect the required permanent repairs and provide construction management and inspection services during construction are estimated to be $13,000 + HST. It is unknown until further investigation has taken place what the construction costs will be. Staff will report back to Council in the near future with details respecting construction costs associated with this project and make a recommendation to fund this work within existing operating and capital budgets. M & C 2007 — 108 April 19, 2007 Page 3 RECOMMENDATION It is recommended that Common Council authorize the Chief City Engineer to engage a qualified contractor, in consultation with the Purchasing Agent, to make the necessary repairs to the slope failure on Fallsview Drive upon completion of the detailed construction design and estimate by the engineering consultant and further, that staff will report back to Council in the near future with details respecting construction costs associated with this project and make a recommendation to fund this project within existing operating and capital budgets. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 - 104 April 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Provincially Designated Highways Funding for 2007 BACKGROUND M. The City of Saint John At the November 6, 2006 Common Council meeting, Council adopted a proposed Provincial Designated Highways Five -Year Capital Improvement Program (copy attached) for the years 2007 to 2011. The program was sent to the Minister of Transportation on November 7, 2007 to be considered for approval. Two priority projects were included for 2007. First was the reconstruction of Somerset Street between Barker Street and Wellesley Avenue. As Council will recall, an extensive watermain, sanitary sewer and storm sewer project was completed on this section of Somerset Street in 2006. Upon completion of the underground infrastructure work, the surface needed to be totally reconstructed including concrete curbing, concrete sidewalk on the west side of the street, cold milling, asphalt resurfacing and landscaping. The second priority project for 2007 was a road widening project on Rothesay Road between the Railway Overpass near Pride Rock Court and Colony Road — near the entrance to Kennebecasis Park. This project is driven primarily by the need for a safe sidewalk along one side of Rothesay Road. Residents raised the concern at a Town Hall meeting and have met with staff requesting the provision of a sidewalk along the southeast side of Rothesay Road for the safety of the citizens and their children. Traffic volumes are extremely heavy along this section of Route 100. M &C2007 -104 April 18, 2007 Page 2 ANALYSIS A response, dated April 5, 2007, was received from the Minister (copy attached) with respect to funding assistance from the Province for projects in 2007 within the Municipal Designated Highway (MDH) Grant Program and the Provincial Designated Highway (PDH) Program as well as additional funding assistance for projects completed in 2006 under the PDH program. Projects completed in 2006 under the PDH program include Route 100 (Rothesay Road) at Drury Cove Road and Route 100 (Rothesay Road) at Kennebecasis Park Intersection. The work on Rothesay Road at Drury Cove Road included upgrading of the intersection to raise the elevation of the road to mitigate flooding during heavy rainfall events. The work also included raising a section of Drury Cove Road, which is a municipal street, to match the new elevation of Rothesay Road as well as ditching to provide better surface drainage. The Province had approved $110,000 for this project, however, the fmal cost of work was $257, 013.93 including the City's eligible HST rebate for work done on both Rothesay Road and Drury Cove Road. The additional costs were largely associated with additional excavation required to remove approximately 600mm of asphalt that had been placed in various lifts over the years as soft soils compressed and the elevation of the intersection lowered. The Province is providing an additional $70,000 for this project to cover the Provincial portion of the additional work. The City must fund approximately $77,000 for work done on the municipal portion of this project and staff will identify an offset for this amount in a report that will be forthcoming to Council in the near future. The work on Rothesay Road, at the entrance to Kennebecasis Park, was also completed in 2006. The Province had approved $150,000 for this project and has recently been invoiced by the City in the amount of $130,139.72. This project was under budget by approximately $20,000. The City also completed asphalt resurfacing at the foot of Union Street between St. Patrick Street and Smythe Street (part of Route 100) in the amount of $30,729.68 plus eligible HST as part of the approved City Share in the 2006 General Fund Transportation Capital Program. Funding had not been committed for the project by the Province however was invoiced in anticipation the cost would be included within 2006 Provincial funding. The Minister's letter indicates that this amount will be paid to the City for the resurfacing project. As Council is already aware, from a report presented to Council March 12, 2007 (M &C 2007- 44), the Province has approved funding in the amount of $1,092,000 under the Municipal Designated Highway Grant Program for all costs associated with the Province's shareable component for upgrading projects on Loch Lomond Road. That report also states that the Minister is prepared to extend the MDH Program to 2009 to include the upgrading of Manawagonish Road from Gault Road to Fairville Boulevard and King William Road from Route 1 to Ocean Westway. M &C2007 -104 April 18, 2007 Page 3 2007 PDH Program Funding has not been approved for the two priority projects within the PDH Program for 2007 which include Somerset Street from Barker Street to Wellesley Avenue and Rothesay Road between the Railway Overpass near Pride Rock Court and Colony Road — near the entrance to Kennebecasis Park. City funding has been approved within the 2007 General Fund Transportation program to pay for the City's shareable portion within each of these two projects. Staff recommends that even though Provincial funding has not been committed for these projects for 2007, that the City proceed and engage a consultant to complete the detailed design and cost estimate for each of these projects this year. The cost of the design will be invoiced to the Province when funding is approved for the construction of these two high priority projects. FINANCIAL IMPLICATIONS In summary, the Minister of Transportation has provided additional funding in the amount of $70,000 to cover increased project costs on a project completed in 2006 on Rothesay Road at the intersection with Drury Cove Road. Funding in the amount of $30,729.68 plus eligible HST has been approved for the resurfacing of Union Street (part of Route 100) in 2006 between St. Patrick Street and Smythe Street. An invoice for each of these projects is presently being processed by the Department of Transportation and will be forwarded to the City as separate cheques. The Province will also be providing $1,092,000 under the MDH Program for 2007 to complete the upgrading of Loch Lomond Road between Garnett Road and Charles Street East. Unfortunately, no funding has been provided for the 2007 Provincially Designated Highways Program. It will not be possible to proceed with the much needed work on two provincial roads within the city - Somerset Street ($225,000 Province /$140,000 City) and Rothesay Road ($$700,000 Province /$370,000 City). RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering n SUMMARY OF FUNDING FOR PROPOSED PDU/DnU oen icrre Year Other City Share Share 2007 $925,000 $510,000 2008 $965,000 $220,000 2009 $1,135,000 $35,000 2010 $1,140,000 $215,000 2011 $1,130,000 $110,000 Totals $5,295,000 $1,090,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Proposed Projects For - 2007 Project Description Other City Share Share 1 Somerset Street (RDH) - Barker Street to Wellesley Street reconstruction (excavation, 225,000 140,000 Avenue backfill, cold milling, curb, sidewalk, landscaping, paving), including design and construction management services 2 Rothesay Road (PDH #100) - Railroad overpass to Storm sewer, road widening, curb, 700,000 Colony Road sidewalk, landscaping, including design and construction management services 370,000 TOTAL COST (2007) $925,000 $510,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Proposed Projects For - 2008 Q ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 1 Rothesay Road (PDH #100) - Fulton Lane to railroad Storm sewer, road widening, curb, 810,000 220,000 overpass sidewalk, landscaping, including design and construction management services 2 Sandy Point Road (RDH) - Foster Thurston Drive to Structure adjustments, cold milling, 110,000 0 Kennebecasis Drive asphalt resurfacing, shouldering 3 Smythe Street (PDH #100) - Union Street to Station Asphalt cold milling, structure 45,000 0 Street adjustments, asphalt resurfacing TOTAL COST (2008) $965,000 $220,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Proposed Projects For - 2009 Q ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 1 Main Street (PDH #100) - Chesley Drive to Concrete curb & gutter repairs, concrete 290,000 25,000 Metcalf Street sidewalk repairs (City), road excavation, structure adjustments, asphalt cold milling, landscaping, asphalt resurfacing, including design and construction management services 2 Sandy Point Road (RDH) - Samuel Davis Drive to Tucker Cold milling, asphalt resurfacing, 110,000 Park Road shouldering 3 Chesley Drive (PDH #100) - Bentley Street to railway Concrete curb repairs, concrete sidewalk 220,000 overpass repairs (City), structure adjustments, asphalt cold milling, asphalt resurfacing 0 10,000 4 Digby Ferry Road (RDH) - Lancaster Street to ferry toll Concrete curb repairs, structure 90,000 0 booth adjustments, asphalt cold milling, asphalt resurfacing 5 Rothesay Road (PDH #100) - Fulton Lane to Old Structure adjustments, cold milling, 425,000 0 Orchard Lane asphalt resurfacing TOTAL COST (2009) $1,135,000 $35,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Proposed Projects For - 2010 ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 1 Somerset Street 2 Market Place 3 King Street West (RDH) - Wellesley Avenue to Pugsley Street reconstruction (storm sewer, 750,000 120,000 Avenue excavation, backfill, cold milling, curb, sidewalk, landscaping, paving), including design and construction management services (RDH) - Rodney Street to King Street Street reconstruction (excavation, curb, 310,000 95,000 West sidewalk, landscaping, paving); easement / land acquisition, including design and construction management services (RDH) - Market Place to Ludlow Street Asphalt cold milling, structure 80,000 0 adjustments, asphalt resurfacing TOTAL COST (2010) $1,140,000 $215,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDHMATESSHOWNREPRE REPRESENT Proposed Projects For - 2011 ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 1 Somerset Street (RDH) - Pugsley Avenue to Samuel Street reconstruction (storm sewer, 595,000 90,000 Davis Drive excavation, backfill, cold milling, curb, sidewalk, landscaping, paving), including design and construction management services 2 Chesley Drive (PDH 4100) - Merritt Street to Douglas Install approx. 310m of new 300mm 245,000 0 Avenue storm sewer, including design and construction management services 3 Chesley Drive (PDH #100) - Bentley Street to Concrete curb repairs, concrete sidewalk 290,000 20,000 Reversing Falls Bridge repairs (City), structure adjustments, asphalt cold milling, asphalt resurfacing TOTAL COST (2011) $1,130,000 $110,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS ESTIMATES REPRESENT PROVINCIAL PORTION OF PROJECT Proposed Future Projects SHOWN Priority Project Location Project Description Other City Share Share 1 Samuel Davis Drive (RDH) - Somerset Street to Sandy Cold milling, asphalt resurfacing, 375,000 0 Point Road shouldering 2 Fairville Boulevard (PDH #100) - Catherwood Street to Street reconstruction (excavation, 150,000 30,000 Lancaster Mall (lower entrance) backfill, concrete curb & gutter and sidewalk, structure adjustments, landscaping, paving), including design and construction management services 3 Kennebecasis Drive (RDH) - Sommerville Ferry Landing Structure adjustments, cold milling, 130,000 0 Road to Sandy Point Road asphalt resurfacing 4 Somerset Street (RDH) - Paradise Row to Barker Street Microsurfacing 60,000 0 5 Fairville Boulevard (PDH #100) - Catherwood Street to Storm sewer, street reconstruction, TBD TBD Simms Corner including design and construction management services 6 Bridge Road (PDH #100) - Simms Corner to Storm sewer, street reconstruction, TBD TBD Reversing Falls Bridge including design and construction management services 7 Chesley Drive (PDH #100) - NB Southern railway TBD TBD TBD overpass to Main Street 8 Main Street (PDH #100) - Metcalf Street to Main TBD TBD TBD Street 9 Ludlow Street (RDH) - Route #1 to King Street West TBD TBD TBD 10 Market Place (RDH) - Rodney Street to St. John TBD TBD TBD Street 11 St. John Street (RDH) - Market Place to Lancaster TBD TBD TBD Street TOTAL FUTURE PROJECTS COST TBD TBD l�l 1 File N32 -105 April 5, 2007 Mr. Norm McFarlane, Mayor City of Saint John PO Box 1971, 15 Market Square Saint John NB E2L 4L1 Dear Mayor McFarlane: Minister Ministre Tnmsporution Tmspons I am pleased to advise you that under our 2006 program for improvements to provincially designated highways in municipalities, my Department will- assist your city in the additional estimated am omit of $70,000 for the Department's shareable component of the extra work undertaken by the City to stabilize the road bed as part of the project on Route 100 (Rothesay Road) at the Drury Cove Road for intersection upgrading. A claim from the City is being processed by the Department and a separate cheque will be forward to the City. I am further pleased to advise you that under our 2006 program, my Department will assist your city in the amount of $30,729.68 plus eligible HST for paving work carried out by the City last construction season on Union Street. An invoice from the City is being processed by the Department and a separate cheque will be forwarded to the City. In addition, under our 2007 Municipal Designated Highway Grant Program, as you have been previously advised in my letter to you dated February 8, 2007, I am pleased to confirm that my Department is prepared to assist your city in the estimated amount of $1,092,000 for all costs associated with the Department's shareable component for upgrading projects on Loch Lomond Road. Department of Transportation Engineers will be in contact with your municipality in the near future to discuss particulars regarding this work. Tel./T&Cphone : P.O. Box 6000 Case postale 6000 (506) 457 -7345 Fredericton Fredericton Fax/r&&opleur: New aruoswick Nowean -Bmn.. ririr Mr. Norm McFarlane, Mayor April 5, 2007 Page 2 Where projects are approved by the Department for tender by the municipality, the tender advertisements must identify provincial participation. The funds are being provided with the understanding and agreement that the municipality must follow the spirit of the Crown Construction Contracts Act and Regulations, and that audits will be carried out by the Province from time to time. Sincerely, Denis Lan Minister c.c. Hon. Roly MacIntyre Hon. Dr. Ed Doherty Hon. Stuart Jamieson Abel LeBlanc, MLA Margaret -Ann Blaney, MLA Trevor Holder, MLA Paul Groody, Commissioner of Municipal Operations Eric Griffin, P.Eng., City of Saint John Clerk Alan Ken, P.Eng., District Engineer M &C- 2007 -114 April 20, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of 230 Water Street (former Grain Elevator Property) to Ellerdale Investments Ltd. BACKGROUND: Subject Site and Area The Former Grain Elevator Site is located at the southern tip of the City's Peninsula and has frontage along both Water and Prince William Streets. The City had recently invested in the redevelopment of Water Street to facilitate two - way traffic movement. In addition, significant investment has been made by the City to provide a new upscale pedestrian walkway that will connect the Uptown Area to the southern end of the peninsula. Part of the redevelopment also included the renewal of subsurface infrastructure, sewer and public utilities that would be required for any new development on this site. Water service is readily available from Prince William Street. There is a relatively small building at the northern tip of this site that is utilized in conjunction with a month -to -month lease with the Saint John Parking Commission. The parcel of land, identified on an attached plan as Lot #05 -01 has an area of approximately 1.0 acre and an approximate street frontage of 173 metres (567 feet) along both Water and Prince William Streets. The City of Saint John holds the fee simple interest in the subject property, a portion of which was used for the realignment of Water Street. The remainder of this site is deemed surplus to our needs and for a number of years has been considered a site for new development. The attached tentative plan was prepared to illustrate both the area required for street purposes and to show the area that could be utilized for new development. Report to Common Council April 19, 2007 Proposal Call Page 2 In August 2005, The City of Saint John asked for a Proposal Call for the above noted City owned property. The purpose of this Proposal Call was to initiate the re- development of Lot #05 -01. The Inner Harbour Land Use By -law prepared by the Saint John Waterfront Development Corporation identified this site as a high profile site ideal for development, which may be a catalyst for other new development in the area. Upon closure of the Proposal Call, only John Rocca with Ellerdale Investments Ltd. had shown interest in the redevelopment of this site. Over the past 1 '/2 years the City has been in discussion/negotiations with the aforementioned person for this site. In 2000, the property was appraised for $394,000 but was recently reappraised at $607,000.00. ANALYSIS: City staff has recently negotiated an agreed amount with Ellerdale Investments Ltd. on a purchase price of $450,000.00 plus H.S.T. (if applicable) for the subject property, subject to ratification by Common Council. The sale of this property is subject to a number of terms and conditions, which are largely responsible for the reduced agreed purchase price for the site. Proposed Development The proponent plans to develop the site, including a combination of upscale apartments, condominium dwelling units and commercial/service type uses on the ground floor. Ellerdale Investments has retained an architect firm to prepare conceptual designs for this project, which include an on -site parking garage for approximately 94 spaces. The property is "split" zoned with half of the property facing Prince William Street zoned "RM -1" Three Storey Multiple Residential, while the Water Street side is zoned "T" Transportation. The City and the developer are well aware that any redevelopment of this property will require rezoning to accommodate the intended use(s). Part of the recommendation contained in this report will request that Common Council authorize the proponent to initiate the rezoning process prior to acquisition of the property. Limiting Conditions of Property As noted above, the property to be sold for new development is identified as Lot #05 -01 and is approximately one acre in area. The southern portion of PID Number 6676 will be vested as a public street to form part of Water Street along with a small area to be retained by the City to be used in conjunction with the redevelopment of the Three Sisters Park. There is a relatively large public utility Report to Common Council Page 3 April 19, 2007 easement on the site along the edge of Water Street that will reduce the area that can be developed. In addition, there may be another smaller utility easement off Prince William Street (still to be determined). Once the details of the proposed development are complete in conjunction with the rezoning process, it is expected the area required for Lot #05 -01 will be defined. A two storey, utility shed/garage located at the northern end of the site will be required to be removed from the property, which will be the responsibility of the purchaser. In addition, the property will also contain a 3 metre (10 foot) wide area, adjacent to the north side property line that was identified by the City in the Proposal Call as a buffer area not to be infringed upon. This buffer will be for the purpose of facilitating future re- development of the neighbouring building. As well, there are approximately 5,000 roses that are planted on this property which are supported by an allen block retaining wall. They were installed by the City as part of an interim beautification plan at the request of the Port Corporation. It has been agreed that City staff will remove the roses and retaining wall to be utilized elsewhere for City purposes. In light of the limiting factors mentioned above and the benefit to the City, the $450,000.00 sale price for this property is rationalized and is appropriate in this instance. The recommendation contained in this report will facilitate the sale of the former grain elevator property to Ellerdale Investments Ltd., initiate the rezoning process and retain a portion of the site for street vesting and Three Sisters Park. Upon completion of the rezoning process, the details of the proposed development will be finalized, at which time a further report will be presented to Council for their consideration. RECOMMENDATION: 1. Subject to obtaining satisfactory rezoning, The City of Saint John sell the fee simple absolute interest in Lot #05 -01 shown on the attached Tentative Plan, also known as civic #230 Water Street to Ellerdale Investments Inc. for a purchase price of $450,000.00 plus H.S.T. (if applicable), on or before 30 days after the filing in the Registry office of the Zoning By -law amendment, subject to the following terms and conditions: a) a 3 metre (10 foot) wide "buffer" no building zone be identified at the northern end of the property; b) a portion of the site adjacent to the Three Sisters Park to be retained and used in conjunction with the park design that will be mutually agreed upon by Ellerdale Investments Ltd. and the City; C) subject to any municipal services and/or public utility easements identified prior to the sale of Lot #05 -01; and Report to Common Council Page 4 April 19, 2007 d) City staff to remove the roses and allen block retaining wall used to support the flowers. 2. That Ellerdale Investments Ltd. be authorized to apply for the rezoning of the above noted property. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment •, II n sas -. ♦ G m l� B - 2 „ car U in •'�ara;a�aea N IF .IL 1 • ` !•. Ne paean s� , Alai; IQ •� 2• e 'Ue _ ttte a.RM -1 to P I P P P 9 i �0 n R �• Description of Plan: Sale of City owned land for the purpose of residential /commercial development. N PID: 6676 Address: 230 Water Street APan: N/A Date: April 19, 2007 T IL ' - ' 'f a G .• Se 4 * tia p Y m TS ,/ :4 Jil r„v. L •, II n sas -. ♦ G m l� B - 2 „ car U in •'�ara;a�aea N IF .IL 1 • ` !•. Ne paean s� , Alai; IQ •� 2• e 'Ue _ ttte a.RM -1 to P I P P P 9 i �0 n R �• Description of Plan: Sale of City owned land for the purpose of residential /commercial development. N PID: 6676 Address: 230 Water Street APan: N/A Date: April 19, 2007 .5 4 E' YP drV: a S e_a _de yy ° E c � 3' i IE �'~ Y" e a �0 0, g wrv3�.'Yn `� 6 ^ a zoE s o a eac „ro "='- "-om000Nwwa c o .F X s p._ s E E 2 6 o e33deee eeeeneeyeu; e338 Q. tfn 90 mloN E ° B$ "° SY� E �a� i'Ln ♦ . `. -'d _ a I m NXm 3$ a Xr, Xm�' �N 'pUa «.ii PmA«ei „ Nan�anm�an�ama Anr AmXr m�ar��rso�ar��a r XmrXvn�rnXr m Xm s g o a {j O � J CN O y 3aN �+ NO U v t 7 C e ) > a e e e e % 4 °N N m o w 1, 8. sm6 Ear C F egr >C o t aA j°_° : NYE ¢X " gq 0 z a °5 " _ s�Ea a < m N V u Bg Oa °Nnp z 6 (D/' N , / Y j `o m o \ ° 5°° + of 0 wolf BR ck B relm ` 9 ec lack le D �Nc lo / / a 5 a.- ` a1\ 'I • °e 1 Street non Roa se i.4 oe o ::` l Hole B) _ j ✓. /' l \ \1�m zo eau,a'Vitt m. ,� Pf1Y1Ge Wmn woe.) Coeemenl (o' ua, \oo P�1 ass m1 ” Iry eladn M'Mp0 R 101H� e0o9 Rod_ \8900 be Ad OG -Is yam ./ Onoes ml vmvape zn.... / eo se Street m ra e water gZ sz lalau. woes) .. aa8 \m uN ... u ��n? em s veP Tes ndmolProP n �Y' a . 0Soin\ John 9 a •e owol m sav a The avoi9 ' ° + ejob" ° 01 1 A L d ^ ° `o nee uoi ° orvooely waa:`io f OesO4 i E 8 - y o�sssoza J O a a ��n? em s veP Tes ndmolProP n �Y' a . 0Soin\ John 9 a •e owol m sav a The avoi9 ' ° + ejob" ° 01 1 A L d ^ ° `o nee uoi ° orvooely waa:`io f OesO4 i � �1sfa se s §g. €s v z Sa Fat., Aia €$?� MEE 8 �3 fis�3l i}} 111 ®f�ld.aeal U�eo�<€ i I i E °o - y o�sssoza r o � �1sfa se s §g. €s v z Sa Fat., Aia €$?� MEE 8 �3 fis�3l i}} 111 ®f�ld.aeal U�eo�<€ i I i M & C — 2007 -113 April 20, 2007 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: SALE OF LAND AT 51 -59 METCALF STREET BACKGROUND: Common Council approved the acquisition of the above noted property for $1.00 at its meeting of July 4, 2005. The property had contained a dilapidated two - storey. As part of the conveyance, the City paid the outstanding property tax and water and sewage for this property. The acquisition of this property was completed on August 23, 2005 and the demolition of the building was completed shortly thereafter. It has been a recent practice of the City to acquire the fee simple interest in these types of properties to effect demolition but also to have the opportunity to resell the land to recoup some of its costs as well as promote development and increase the tax base. ANALYSIS: Real Estate Services has received an offer from the Saint John Real Estate Board ( SJREB) to purchase the subject property for $5,000.00 plus H.S.T. (if applicable). The SJREB intends to immediately donate the property to ONE CHANGE INC., who intends to develop a 4 unit building on the site as part of its Affordable Home Ownership Pilot Project. ONE CHANGE is eligible for a $240,000 grant to facilitate the development in the event it can demonstrate it has the land secured. In the event ONE CHANGE is not successful in securing the funding, the City would not transfer the property to the SJREB. Report to Common Council April 20, 2007 Page 2 The development encourages home ownership for low income earners. In total the site has approximately 55 feet of street frontage and is 100 feet in depth and is zoned appropriately for a four -unit dwelling. It is expected this development would proceed later this year. RECOMMENDATION: That The City of Saint John sell 51 -59 Metcalf Street (PID Numbers 376756 and 376764) to the Saint John Real Estate Board for $5,000.00 (plus HST, if applicable) on or before June 29, 2007, conditional upon ONE CHANGE INC. providing The City of Saint John confirmation of funding for the minimum two - story (four unit) development; and that the Mayor and Common Clerk be authorized to sign any necessary documents required to finalized this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager BI:111 Report to Common Council April 20, 2007 ILil s6s . _Z7 . y� rG t 4'su �yy .� �_a •i as a a]t. �, 94� 4a �- war riyYr. rue Page 3 N rue Wctor'ra St, nn Matcatf St Alain St. Pfi a Description of Plan: Sale of City awned land for the purpose of residential redevelopment, N PIO: 3761756 and 376764 Address: 51 -59 Metcalf Street i Pan: N/A Date: April 19, 2007 19 � ✓ 1] S • B 1] r: e e 1 o ° ]5 6P8 Jp JS ip W 6" 86 e6 d 123 135 1139 13 1— VS J91J9 tdl % M_ m 7 5$ 1116 151 15] 661W 1 °17 1" 179 1 85 1 p. 11 • a• ; °p ae B9 9193 °g) °1 rue Victoria St. • ° •)) 798+ ]B 8d. 62 889 92 9i % 98 1 112 716 111 113 116 116 1201 t2i jI.Q 146 669 (D . 6 8 y dl 53 e „ m u5 N f' • )l )S 7179 01 85 87 89 91 9]959 69 10: 18 2 • 8O zJe 68 ]0 7274 60 62 61 . ,35 _ 1„ 113 115 117 119 121 123 131 1]) 165 63 rue Metcalf St. n45 JJ ]) 9e ,00 IN 1011x+14,16 +]d o+16 Q 138 14142 166 1% 31 +pp +oa 21x1 9 8 3 16 y 5 6 1 ]6]8 80 18 2 • 8O 68 ]0 7274 60 62 61 _ � 6i 5 6 31 ire 505 e 55 \sllea 5 •t ] s ° 1 y155 1fi 9 °I]9 19] 19719 0 p3 e ° °• J 5 ° ° °13 °ti9 11 >1 d\ 311 rue Main St. • s ° 1J °11914 P 16 156 156 \V 0 168 17 1 115 111 1 —� ° � 1 1 _ _ 192 + yp0 216 6 1011) 99 67 85 61 ]9 1M 1 St' , 2p 122 „9 Maur Description of Plan: Sale of City owned land for the purpose of residential redevelopment. N PID: 376756 and 376764 Address: 51 -59 Metcalf Street A Pan: N/A Date: April 19, 2007 REPORT M &C #2007 -120 April 23, 2007 TO COMMON COUNCIL His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: FUNDY BAY FESTIVAL: AUGUST 9 -12, 2007 PURPOSE: 7 � "fhb= City trf 57im. 1phn The purpose of this report is to respond to a request from the Board of Directors of Fundy Bay Festival Inc. for municipal sponsorship in the amount of $10,000. BACKGROUND: Mr. Fred Little, President of the Board, made the initial request of the City in a letter dated November 29, 2006. Staff considered the request; however, staff did not specifically identify any amount of funding for this particular Festival in 2007 on the basis that at that time, staff did not have sufficient information to support a positive recommendation. As an alternative, staff did recommend a budget item under the caption "Festivals/Public Relations" called "Other" in the amount of $20,000. The purpose of this line item was to allow Common Council some flexibility in responding to a request such as this, but also to meet the community's expectations with respect to other public celebrations such as Firework displays on certain holidays, support for the Santa Clause Parade, etc. The City Manager has met with Mr. Fred Little on at least two occasions to obtain additional information. Mr. Little has always provided any information requested by the City Manager. He has been very direct and candid when it comes to answering questions related to the problems encountered with the Board's first attempt to hold this Festival in 2006. More importantly, the City Manager has found him to be very forthright when responding to questions such as "What would happen if City sponsorship were not forthcoming in 20077 Report to Common Council Subject: Fundy Bay Festival: August 9rh —12rh 2007 During these discussions the following additional information has been provided; Page 2 a) A letter from Mr. Little outlining the problems encountered in 2006 (attached). b) An unaudited financial statement as of April 17, 2007 (attached), indicating the Festival has Assets of $5,398 and Liabilities of $32,934 resulting in a Deficit of $27,536 as of this date. The financials also indicate that this deficit is being funded almost equally by the Board of Directors ($15,288) and trade creditors ($17,645). It is a logical conclusion that should the Festival not proceed in some fashion, both the creditors and directors would have lost these funds. c) A listing of the current Board Members (attached) d) A 2007 Sponsorship Package and Schedule of Events (Council Information Item) It is clear that the Festival did encounter significant start up difficulties in 2006. It is also evident that Mr. Little and the other Board members are committed to building this Festival into something very special over the next few years. It is also not unusual for Festivals to encounter some financial difficulties during their initial year(s). Having said this, not withstanding the excellent working relationship we have developed with Mr. Little, staff find themselves in a position of being unable to make a positive recommendation with respect to the Festival's request. The reason being is simply because of the financial position of the Festival as of this date. So that the Board is not surprised when hearing of staff's recommendation, Mr. Little has been so advised and staff would expect he and other Board Members to be in the Chambers this evening should Councillor's have any questions of them. RECOMMENDATION: That Common Council advise the Fundy Bay Festival Inc, that it is not prepared to be a sponsor of this Festival in 2007 based solely on the current financial position of the Festival. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER M & C — 2007 — 102 April 20, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition 97 Union Street BACKGROUND: On March 26, 2007 common Council resolved: "That the City Manager be authorized to present the Offers to Purchase attached to M &C 2007 -67 to the respective property owners of lands identified by civic addresses #97 and #101 Union Street." The respective offers were delivered to the appropriate parties. The offers expired on April 16, 2007 at 1 PM. At that time only the solicitor representing the owners of 97 Union St. had agreed to the terms and conditions in the offer. The purpose of this report is to secure Council's concurrence to conclude the aforementioned acquisition required for the planned Police Justice complex. RECOMMENDATION: That The City of Saint John acquires the fee simple absolute interest in PID37390, 97 Union St., on or before May 31, 2007 under the terms and conditions as outlined in the executed offer attached to M &C 2007 -102 and further that the Mayor and Common Clerk be authorized to execute any document necessary to effect the transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Attachment Terrence Totten, F.C.A. City Manager AGREEMENT OF PURCHASE AND SALE The undersigned THE CITY OF SAINT JOHN (hereinafter called the "Purchaser") hereby offers to purchase from Eileen J. Broderick in her own right and "Vendors ") all and singular the freehold lands and premises situated at 97 Union Street, Saint John, New Brunswick and known as PID #37390 (hereinafter called the "Real Property ") at the price of Two Hundred Ninety Thousand ($290;000.00) Dollars of lawful money of Canada payable as follows: Two Thousand Nine hundred ($29900.00) Dollars as a deposit to be held by the Vendors' Solicitor pending completion or other termination of this Agreement and to be credited on account of the purchase money on closing and the Purchaser agrees to deliver to the Vanders at closing an HST Certificate in the form and content as attached hereto. Provided as follows: The Vendors shall have good and marketable title to the real property free and clear from all encumbrances except as provided herein. The Purchase shall not call for production of any title deeds, abstracts, or other evidence of title except such as are in possession of the Vendors. Within twenty (20) days from the date of acceptance hereof the Purchaser may examine the title at its own expense. If within that time any valid objection to the title is made in writing by the Purchaser to the Vendors which the Vendors shall be unable or unwilling to remove within ten (10) days of notification of said objection or objections and which the Purchases will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void . and the deposit shall be returned to the Purchaser without interest and the Purchaser shall not be liable for any costs or damages. Save as to any valid objection so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Vendors to the Real Property. The Purchaser's solicitor is hereby appointed the agent of the Vendors for the purpose of registering title to the Real Property under the Land Titles Act. The purchaser's solicitor shall, at the Purchaser's expense, apply for the required PID Databank Approval, certify title to the Real Property for the purposes of registration under the Land Titles Act and register title under the Land Titles Act. The Vendors shall forward to the Purchaser's solicitor an executed Affidavit of Application (Form 2) and an executed Certificate of Notary forthwith upon receipt of an executed Application for First Registration. The transaction of purchase and sale shall be completed on or before the 31 " day of May, 2007. Vacant possession of the real property is to be given to the Purchaser upon closing. Taxes, water and sewage rates, and all other adjustments.shall be apportioned and allowed to date above fixed for completion of sale. There are no representations, warranties, collateral agreements or conditions affecting this Agreement or the Real Property or supported hereby other than as expressed herein in writing. Agrecmeel of Purchase and Sale Nee 2 All buildings and equipment upon the Real Property to be 'given shall be and remain at the risk of the Vendors until closing. Pending completion of this sale, the Vendors shall hold all insurance policies and the proceeds thereof in ;trust for the parties as their respective interests may appear, and in the event of damage to the said premises, the Purchaser shall have the proceeds of the insurance and complete the purchase. The Vendors will furnish to the Purchaser at closing, a Transfer in milisterable form at the expense of the Vendors. If the Purchaser defaults in the completion of the sale under the terms of this Agreement, any money, paid hereunder shall be forfeited to the Vendors by way of liquidated damages, or the Vendors may, (at their option) compel the Purchaser to complete the sale. THIS OFFER shall be irrevocable by the Purchaser until 1700 p.m. local time on the 16th day of April. 2007 after which time, if not accepted, this offer shall be automatically null and void, and all deposit money returned to the Purchaser without interest. THIS OFFER, when accepted, shall constitute a contract of purchase and sale binding upon the patties hereto. THIS OFFER, its acceptance and any resulting contract of purchase and sale 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, successors and assigns and time shall in all respects be of the essence hereof. NOTWITHSTANDING anything contained in this offer or its acceptance, this offer and its acceptance shall be subject to and including the following special conditions or provisions: viz: - the Purchaser shall withhold from the purchase price at closing a sufficient amount to comply with Section 116 of the Income Tax Act and shall release same upon receipt of a Clearance Certificate issued by the Government of Canada. DATED at Saint Job%New Brunswick, this day of March, 2007- SIGNED, SEALED & DELIVERED) ) THE CITY OF SAINT JOHN N.M. McFarlane, Mayor S. Patrick Woods, Common Clerk Common Council Resolution: March_ _, 2007. ' hptepmteEPurtarenmd $ k , Pec3 'tto �deouFped Vendors ecccpt the above offer of 't�° 1?a A.Ati fi� melt Th mnd (h9000UA01D Sara aM ^P+�°® the Puomumn m Vjywitb the lama eod vmtlitlaas thami SJONED, UAiM 8eD%Zq) M) J, Hro ) FAw L ulwcdenck 1 1 j1 ft hL Ames �. BdteJ. WhU ) DovidBaadn+ek . VeJ{ ors' b'OJt�{tw Nome: VmbbmyA.MCCM* . ,pddmay;, RedRa9oTeaB011ding, S"Floe+ saiwot o'NB t eairtJObo,NB 52L505 ' TelepUaseNo.: 5o6�3a -160D Ag=ncnt of Purchase and Sale The undersigned Vendors accept the above offer of Two hundred Nm Thousand ($29.0,000.00) Dollars and agrccs with the Purchaser to comply with the lerm� and conditions thereof. SIGNED, SEALED & DELiVRRRD) ) ) ) VendorR7 Solicitor: Dierdre M. Ames Bette J. Whitman . De,%,dBroderick ~ Name; Kimberly A. McCurdy Mosher Chedore Address; Red Rose Tea Building, 5`" Floor 12 Smythe Sheet Saint John, NB E2L 5G5 Telephone No.; 506 - 634-1600 LB 85tld NOIa3Q0b6 96EZ�ZVB09 LZ:16 566I/E3/60 Agreement of Purchase and Sale Page .� The undersigned Vendors accept the above offer of Two Hundred Ninety Thousand ($290 000 001 Dollars and agrees with the purchaser to comply with the terms and conditions thereat. SIGNED, SCALED &DELIVERED) jai +r� Y,mv VendorsVendors -�tOr= Eileen J. Broderick Edward J. Broderick Dierdre M. Ames Bette J. Whitman David Broderick Name: Kimberly A. McCurdy Mosher Chedore Address: Red Rose Tea Building, 51h Floor 12 Smythe Street Saint John, NB E21, 5G5 Telephone No.: 506-634 -1600 Ahmement of Purchase and Sale Page 5. . The undersigned Vendors accept the above offer of Two :Hundred Ninety Thousand 1 90.000.001 Dollars and agrees with the Purchaser to comply with the terms and conditions thereof. SIGNED, SEALED & DELIVERED) �C'e�cSSLt GaS�V`O � Vendors' Solicitor: Eileen J. Broderick Edward J. Broderick Dierdre M. Ames Bette J. Whitman David Broderick None: Kimberly A. McCurdy Mosher Chcdore Address: Red Rose Tea Building, 5s' Floor 12 Smythe Street Saint John,NB E2L5G5 Telephone No.: 506- 6341600 Agrmmrnt of Pumho a and Sule The undersigned Vendors accept the above offer of Two Hundred Ninetv Thousand 3290 000.00 Dollars and agrees with the Purchaser to comply with the temrs and conditions thereof. SIGNED, SEALED & DELIVERED) Vendors' Solicitor: Name: Address: Telephone No.: Eileen J. Broderick Edward J. Broderick Dierdre M. Ames Bette J. Whitman -- c.. David Broderick Kimberly A. McCurdy Mosher Chedore Red Rose Tea Building, 5'h Floor 12 Smythe Street Saint John, NB E2L 5G5 506- 634 -1600 CALIFORNIA ALLoPURPOSE ACKNOWLEDGMENT » .A A ✓ -w a�Nw _ Nw _ wC "nN'nL/0 UY State of California County of On AfleIL / 2 •- zc o7 before me, �Ai if-lyy Dq(0 Neme altd TitleWD(fWr(o.g.. "JSa, NCtery PUNK ") personally appeared — �/i'd�i� �/C'OL�iel C' ✓C Nama(a) o15ignor(•.) . awn ~��` _ �,�•' - ❑ personally known to me f3 proved to me on the basis di satisfactory evidence to be the person(s) whose narine(s) iaLa:a subscribed to the within instrument and acknowledged to me that he /sheftliey executed the same in his /her/theft- authorized capacity(ies), and that by his /herAhelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. Place Notary Seal Above �i�— �'---"` Signmme d Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons re/yirig on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �] Title or Type of Document: ` / "/ /Iw �f t�'f ti� C7/ ,C„¢2%�4rx• cz rw' ( JY 4. e- Document Date: `'` Y " f Z 2`-0 7' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer- Title(s): • Partner —❑ Limited ❑ General l • Attorney in Fact Tl ❑ Trustee ❑ Guardian or Copse ary for 0 Other: Representing: Signer's Name: C7 Individual n ❑ ❑ Corporate Officer — Title(sj: Partner --❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: H 1`17 aUN19PPINT "DR51eNEn.:a[ /C 0 2004 National Notary Aeaooiaflon • 9350 Do Soto Ave., P.O. Box 2402 • Chatmonk CA 513132402 llom No. 5907 neprMr. Cell iblbFre61 -OW57e-5W /C REPORT TO COMMON COUNCIL Cb jo The City of Saint lohn M &C 2007 April 17, 2007 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Proposal to Operate Mispec Park BACKGROUND: At the meeting of Common Councf on February 26, 2007, a letter was received from the Mispec Park Recreation Committee Inc. seeking permission to operate Mispec Park for the 2007 summer season and for a grant to offset a projected deficit. In the early 1990's, as a means of controlling overall City expenditures a decision was made to reduce service to Mispec Park by eliminating the full time staff person. In 1996 a community group, The Mispec Park Recreation Committee Inc. undertook to operate Mispec Park with limited financial support from the city. This group operated the park successfully and with support from the City of Saint John and the Province of New Brunswick made many capital improvements to Mispec Park. In 2001, the Mispec Park Recreation Committee Inc. notified Council that they would not be operating the park in 2001. The Committee was not able to do so for the next three years. However, in 2005, the Committee developed a new interest in the park and once again with Council's permission took over the operation. The Committee operated the park in 2006 and wishes to do so again in 2007. The appropriate insurance is in place, grants have been received and the group wishes to once again operate the park. It is necessary for the City to financially contribute to their budget. N ANALYSIS: The Mispee Park Recreation Committee Inc. did maintain the park for seven years and provided significant developments. Staff has supported this initiative in the past and is supporting it at this time. The park is located outside the City boundaries and is somewhat isolated. This has made maintenance of the area difficult. Attached is the negotiated proposal from the Mispec Park Recreation Committee Inc. FINANCIAL: It is estimated that it will cost the City approximately $60,000 to maintain Mispec Park for the 2007 season. The Mispec Park Recreation Committee Inc. has submitted a proposal to operate the park for the City for a grant of $24,100 (see attached Schedule "C"). This will be a saving to the City of approximately $35,900. The City has budgeted sufficient funds to support this request. RECOMMENDATION: It is recommended that: 1. Common Council accept the proposal submitted by the Mispec Park Recreation Committee Inc. for the operation of Mispec Park for the 2007 year, and that; 2. A grant in the amount of $24,100 be provided to the Mispec Park Recreation Committee Inc. as outlined in the above report, and that; 3. The City Solicitor be directed to prepared the appropriate documents, and that; 4. The Mayor and Common Clerk be authorized to sign the documents. Respectfully submitted, Bernie of Leisure Terrence L. Totten, C.A. City Manager THIS AGREEMENT made this day of 2007. BY AND BETWEEN: 3 MISPEC PARK RECREATION COMMITTEE INC., a company duly incorporated under the laws of the Province of New Brunswick, having its head office at the City Saint John, in the County of Saint John, and Province of New Brunswick, hereinafter called "the Committee" OF THE FIRST PART -and— THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called "the City" OF THE SECOND PART WHEREAS the City is the owner of certain lands and premises located outside the boundaries of the City of Saint John, in the Province of New Brunswick, which lands and premises are commonly known as "Mispec Park" (hereinafter the "Park ") and outlined on the plan attached hereto as Schedule "A'; AND WHEREAS the Committee was created in 1996 by area residents interested in rejuvenating the Park; AND WHEREAS the Common Council of the City, at its meeting held on , 2007, resolved to accept the proposal submitted by the Committee for the operation of the Park for the year 2007, a copy of which resolution is attached to this Agreement as Schedule `B" and forms part hereof; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. The City grants the rights to the Committee to operate and maintain the Park and the canteen for the year 2007. 2. The Committee shall operate and maintain the Park and the canteen so that it is attractive and safe for visitors. 3. The City will pay to the Committee an amount of Twenty Four Thousand One Hundred Dollars ($24,100.00) to cover the projected deficit shown on the budget which is attached hereto as Schedule "C" and forms part hereof. M 4. In the event of a deficit greater than the amount projected in the initial budget ($24,100.00), the Committee shall be responsible for absorbing the deficit, and the Committee acknowledges and agrees that the City will not provide any additional funding or resources, other than what is already provided herein. S. The Committee acknowledges and agrees that any equipment purchased by the Committee with the amount referred to in paragraph 3 shall become property of the City once the Committee ceases to operate the Park. 6. Prior to the Committee commencing operations of the Park, the City shall: a) Inspect and repair the canteen and other buildings to acceptable safety and standards; b) Conduct a site assessment of the playground, the canteen/washrooms building, and the stairway to the beach, and bring these amenities up to proper safety standards; C) Hook up the water and septic system and ensure that any problems are corrected. The Committee shall open Mispec Park in 2007 according to the following schedule: - From May 19 until June 10: Weekends only - From June 11 until September 3: Daily - From September 4 until October 28: Weekends only 8. The Committee shall open Mispec Park according to the schedule set out in paragraph 7 until dusk only. Dusk is understood to mean "the last appearance of daylight in the evening sky. " 9. The Committee shall be responsible to provide all necessary security for the park and any and all building located therein, including locking and unlocking the gates to the Park. 10. Subject to paragraph 6, the Committee shall be responsible for the normal maintenance of the park and its amenities, including landscaping, grass cutting, trail work, beach and facility inspections and cleaning, etc. 11. The Committee shall record and report to the City any questionable behaviour at or near the park. 12. The Committee shall maintain the park through its Annual Spring clean Up Program. It shall be responsible for the general maintenance of the park and the garbage removal. 13. The Committee shall assume responsibility for booking the picnic areas, the ball fields, and any events at the park 14. The Committee shall seek the permission of the City before making any changes to the appearance of the park. 15. The Committee shall provide a report, including financial statements, to the Common Council of the City by January 15, 2008. 16. The Committee shall obtain liability insurance in an amount of $1,000,000.00, and the policy shall name the City as a co- insured. The Committee shall provide a certificate of insurance to the City outlining the above, prior to the City paying the amount referred to in paragraph 3. 17. The City shall advise the Committee of its intention to renew this Agreement, should it so choose, by February 15, 2008. Performance 18. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non - Performance 19. The failure on the part of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Remedies 20. Upon default by either party under any terms of this Agreement, and at any time after the default, the parties shall have all rights and remedies provided by law and by this Agreement. 21. No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, the City may remedy any default by the Committee in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Committee. All rights and remedies of the City granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Force Maieure 22. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. Reference to Prior Agreement 23. This Agreement supersedes and takes the place of all prior agreements entered into by the parties. Amendments 24. No change or modification of this Agreement shall be valid unless it be in writing and signed by each party. Further Documents 25. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 26. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 27. It is intended that all provisions of this Agreement shall be fully binding and effectively between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Governing Law 28. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 7 THIS AGREEMENT shall enure to the benefit of and be binding on the respective heirs, executors, administrators and assigns of each of the parties. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED ) In the presence of: ) MISPEC PARK RECREATION COMMITTEE INC. Per: Brian Harris, President THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: 2007. REPORT TO COMMON COUNCIL M & C 2007 - 109 April 19, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Unauthorized Septic Offloading in the City of Saint John - Update BACKGROUND M. The City of Saint John The purpose of this report is to provide an update to Common Council regarding unauthorized septic offloading in the City of Saint John. PURPOSE An item was discussed at Council on April 11, 2007 regarding the recent issues surrounding illegal and unauthorized septic offloading into the City of Saint John's sewer collection system by a local contractor(s). ANALYSIS A meeting that included representatives from the New Brunswick Department of Environment, City of Saint John and a local contractor was held on March 2, 2007. The contractor was given a directive and a subsequent inspection was completed on March 5th and April 2, 2007 to ensure the directive was followed. The City of Saint John engaged in discussions with staff at a local septage receiving facility on April 12, 2007 to determine the effects of the meeting and the subsequent inspections. The Manager of the septage receiving facility informed the Operations Manager for Environmental Protection that the volume of septage received at the facility had increased substantially and the volume difference was significant. The recent attention devoted to this issue has obviously yielded results. M & C 2007- 109 April 19, 2007 Page 2 RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL April 19, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors, Re: Future Direction — Tourism Department Background Councillor Tait has previously submitted a letter to Common Council outlining a number of concerns about the future direction of the Tourism Department and proposing the engagement of an external consultant to undertake 'a comprehensive review of the City's current and future role in tourism.' Analysis It was staff's intent to pursue the following course of action; Staffing - The department is currently short- staffed however this is a temporary situation that can be addressed with a temporary assignment (internal or external) Funding - The destination marketing levy is now in place and once fully implemented will provide needed additional funding and Council has confirmed stable funding. Major Events — Work in Progress (W. Beckett) will be presenting a report on behalf of a community group on means and structures required to aggressively pursue major events. This is a critical piece of information as we move forward as this area has long been cited as a weakness that needs to be addressed. In addition the Recreation Implementation Committee also has a sub - committee (K. Hurley) exploring the needs /opportunities in the sports marketing field as part of the re- development efforts around our recreation infrastructure. The City of Saint John Report to Common Council Page 2 April 20, 2007 Consultation - I believe that with the vacancy in the Manager's position, new funding and a proposal(s) for a new structure /focus in the offing the next step should be to issue an RFP to qualified firms to undertake a formal consultation with the current staff, the hospitality industry and the many other key stakeholders on issues, needs, priorities, roles, responsibilities, accountability, structure, financing of the whole Destination Marketing/Tourism function in Saint John. There are many issues, numerous players, and competing interests but also some common goals and the City's role must be clarified. A fundamental concern is how to maintain and enhance the City's competitive position in the Tourism market. Strategic Plan — from the previous exercise(s) should come a high -level strategic plan that addresses many of the issues that have been raised by the players and provide a new 5 year strategic focus for Tourism Saint John. 2008 Budget — the budget for the coming year should reflect whatever commitment Council will make from the recommendations adopted in the Strategic Plan Implementation — permanent staffing and reorganization should be implemented based on Council's preferred structure, strategic direction and funding commitments. Timing — these steps would be pursued over the next six to eight month period. Recommendation; That this report be received and filed. Respectfully submitted, atric oods CGA Q pu ity Manager Terrence L. Totten City Manager 13� I SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P.1971 Saint John Nouveau - Brunswick Canada E21. 4Ll RAYMOND T. FRENCH, Q.C. Chair /President ANDREW BRITTON Vice Chair /Vice President CHARLENE HAYES Secretary/Secretaire IVAN COURT Commissioner/ Commissaire DAVID EMERSON Commissioner / Commtssaire NORMAN McFARLANE Commissioner /Commissaire ALLEN G. BODECHON Chief of Police /Chef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 Fax%Telecopieur.: (506) 648 -3304 E- mail /Courriel: sarah. wtlson&aintjohn. ca SAINT JOHN Explore ourpast/ Explomz noire passel Discoveryourfuture/ Ddcouvrez volre avenir April 5, 2007 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: Re: School Zone Safety Kids The attached report from the Chief of Police dealing the development of a "School Zone Safety Kids" Program was presented to a meeting of the Saint John Board of Police Commissioners on Tuesday, April 3, 2007. The proposal arose out of one of Council's Town Hall Meetings. Also, attached to Chief's report is a letter from Charles O'Donnell, Registrar of Motor Vehicles for the Province of New Brunswick, indicating that that implementation of this program would require an exemption to be made to Section 116(2) of the Motor Vehicle Act and approval of the Minister of Transportation. Mr. O'Donnell's letter states the Department is not prepared to allow an exemption for the placement of sign/cut -outs on provincial highways. This is in response to Councillor Maguire's request of December 16, and for the information of Common Council. Respectfullv submitted, ay T. ench L" Chair REPORT COMMISSIONERS Raymond T. French, Chairman and Members of the Board of Police Commission Chairman French and Members: SUBJECT School Zone Safety Kids Attachments: Letter of Inquiry to Deputy Registrar Letter of response from Registrar of Motor Vehicles BACKGROUND The development of a School Zone Safety Kids program was first discussed at a Town Hall meeting on November 27, 2006. The program was suggested by Sarah Herring who spoke on the program that is currently in place in Prince George, B.C. In Prince George parents took it upon themselves to create plywood cutouts of children. The cutouts were brightly painted with the words slow down or children crossing. It was the responsibility of parents to set -up and remove the cutouts at designated crosswalks each day. On December 15, 2006, Councillor McGuire requested, through the Saint John Board of Police Commission, that the Chief of Police report on the feasibility of implementing a School Zone Safety Kids program in Saint John. ANALYSIS In reviewing this program staff identified a number of areas of concern. A primary concern was whether or not provincial law permits the placement of signage upon a highway. In February a written request was sent to the Deputy Registrar, Drivers and Vehicles, Department of Public Safety asking for written confirmation as to whether or not the placement of these type of signs in the center of a roadway is in violation of the Motor Vehicle Act and if in violation, can application be made for an exemption? In March a written reply was received from the Registrar of Motor Vehicles advising that "the placement of "cut- outs" of children or crosswalk signs on the centerline of a highway is not an accepted practice under the TAC Guidelines. The placing of objects on the Mr. Raymond T. French Members of the Board of Police Commission April 3, 2007 Page 2 Subject: School Zone "Safety Kids" centerline of a highway would be considered a safety hazard. An object placed on the highway would readily draw motorists' attention away from pedestrians beginning to cross or already crossing the roadway. The City of Saint John is advised that placing of signs and/or cutouts of pedestrians within the traveled lanes of a highway could constitute a liability issue if a mishap occurred." It was also identified that "the responsibility for approving use of any traffic control device on provincial highways is that of the Minister of Transportation or designate, as per Sections 116(2) of the Motor Vehicle Act. The Department is not prepared to allow an exemption for the placing of signs /cut -outs of pedestrians on provincial highways as requested." CONCLUSION Based on the information received it would not be feasible to implement a School Zone Safety Kids program in Saint John. RECOMMENDATION That, Council be advised of the findings of this report. This report be received and filed. W. David Parks INSPECTOR, PATROL SERVICES il4iam G. Reid DEPUTY CHIEF OL/ ,4CrIC4 �4 � Allen G. Bodechon CHIEF OF POLICE Put' Securtre . .. Safe,, pubtique New a Nouveau Brunswick . C A A,D.. A March 19., 2007 Mr. David Parks inspector, Patrol Services Saint John Police force P.O; Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Parks, Re: Traffic Manaoement — City of Saint John Thank you for your letter regarding traffic management for the City of Saint John.. After careful review of your letter we wish to advise that the Transportation Association of Q;anada (TAC) Guidelines are used when establishing the need for both Regular and School Crosswalks'on provincial highways, The placement of "cut -outs' of children or crosswalk signs on the centreline of a highway is not an accepted practice under the TAC Guidelines. The placing of objects on the centreline of highway would be considered a safety hazard. An object placed on the highway would readily draw motorists' attention awayfrom pedestrians beginning to cross or already crossing the roadway. The City of Saint John is advised that placing of signs and /or cut -outs of pedestrians within the travelled lanes of a highway could constitute a liability issue if a mishap occurred. If a pedestrian crossing has a high number of school children using the location It would be considered a School Crosswalk and as such should have a crossing guard to control (stop) the flow of traffic to allow the pedestrians safe crossing opportunities. The responsibility for approving use of any traffic control device on provincial highways is that of the Minister of Transportation or his,designate, as per section 116(2) of the Motor Vehicle Act. The Department is not prepared to allow an exernption for the placing of signs /cut-outs of pedestrians on provincial highway's as requested. Yours: rrlr)y Charles O'Donnell Registrar of Motor Vehlcles ;. COOjjb . Mot& Vehicte Branch Direction des vehicufes a moteur 364. Argyle Street. " 364, rue Argyle" 0. O. Box 6bo0 Case postale 6000 Fredericton, N. B. Fredericton, N -B E3B 5H1 E3B 5H1 Saint John J V Community April 2, 2007 ARTS Mayor Norm McFarlane B O A R D and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 41-1 Your Worship and Members of Council; On behalf of myself and fellow members of the Saint John Community Arts Board, 1 want to express our gratitude for the continuing support Common Council gives to the Saint John Community Arts Board, and to its programs directed at the development of C O N S E I L arts and culture in our community. We are especially appreciative of Council's D'ADMINISTRATION decision to increase the Board's 2007 budget allocation to $70,000. Thank you — and DES ARTS we assure you that this funding will be put to good use! de la communaute Grants Program - 2007: One of the most important uses of the City's increased de Saint John budget allocation is the continuation in 2007 of a new initiative that our Board established last year - the Saint John Community Arts Funding Program. This small Chairman / President grants program, to be announced for 2007 very shortly, helps the City achieve (through Michael Wennberg our Board) some of its social, economic and cultural goals. The grants program Stewart McKelvey represents a form of partnership with community -based arts organizations which, in Vice-Chairman / vice - president turn, contribute to developing arts capacity, equitable access, diversity, civic pride and Peter McKelvey excitement in our community. Fundy Engineering Secretary / Secretaire New City Developments — and — Arts Policy Requirements: Our Board is also very Bernard 3. Cormier excited about the new developments that are now proceeding, or are planned, in the Cultural Affairs Officer, City Hall City, including: Tim Blackmore Musician, Educator o the City's new Alice headquarters building, new parking garage structure, Michele c. Brideau new transit garage, new West Side Saint John Energy headquarters, and new Saint John Immigration/ water and sewerage facilities; Avantage Saint John Advantage o the Province's new Justice Complex; Peter Buckland c Saint John Port Authority's new waterfront cruise ship terminal; and Peter Buckland Gallery o Coast Guard site and other waterfront developments. Michelle Hooton Deputy Mayor /maire suppleante You will recall that, after almost two years of public and private consultation, Common John Foster Council unanimously adopted the Saint John Arts and Culture Policy on September 26, Investors Group 2005. In so doing, Saint John became the first city in Atlantic Canada to adopt a Philip Huggard comprehensive arts policy that formally acknowledged that: Gothic Arches Dr. Robert MacKinnon The City of Saint John is committed to being a city in which the arts are accessible to all, Dean of Arts - UNB Saint John artistic achievement, cultural diversity and heritage are valued and celebrated, and the Leslie Oland community's uniqueness and vibrancy are reflected in its arts, culture, and citizens, and in its Resource Centre for Youth commerce, buildings and facilities. Andrea Scott Port city Dance Academy Integral parts of the Policy state: Janet Scott Enterprise Saint John [Public Art] Common Council recognizes the importance ofpublic art to the quality of life in Saint John. The City (through the Saint John Community Arts Board) will: Jill Whitehouse (a) catalogue and document Saint John area public art; and Efficiency New Brunswick (b) create a ublic art plan that identifies appropriate public art projects ects that will Adores aesthetically enhance its urban spaces. P.O. Box / C.P. 1971 Saint John, NB / N -B E21_ 41_1 (506) 649 -6040 Common Council will allocate at least one percent (1 %) of the cost of appropriate City capital Fax (5 49 632 -6118 projects to the creation and installation of public art as part of such municipal projects. It will sjcab @saintjohn.ca also encourage private sector developers, other Saint John area municipalities and other levels of government and government agencies (including the Saint John Port Authority) to ' Logo based on City Hall do the same. sculpture "Progresssion" by Claude Roussel, CM, ONE, RCA 2— [Heritage Properties and Heritage Development] As part of this policy and other policies of the City, ... Common Council will continue to support this unique Saint John asset .... by ensuring that new City buildings, parks and walkways incorporate compatible heritage and architectural styles into the projects' designs. One of the Policy's specific goals is to create unique and stimulating environments in the City: [Unique and Stimulating Environment] Public buildings, facilities, displays and spaces (both "built" and "natural') act as showplaces for what is uniquely Saint John. They enhance both its image and the quality of its overall environment. The landscapes, cityscape, and heritage of Saint John not only attract visitors; they stimulate and inspire artists, writers and performers. The City has a responsibility to support, maintain and develop the distinctive natural and built features of Saint John. Each of the City's new buildings will be large and very prominent facilities. Each of them will create a lasting legacy of Common Council — a legacy of which all residents (and, for that matter, visitors) should be proud. As developments by other governmental bodies (such as the cruise ship terminal and the Justice Complex) and private interests (such as the Coast Guard site and other sites) proceed, the best way for the City to encourage them to incorporate public art and compatible and interesting architectural styles in their developments is to lead by example. Our Board will provide Council and City staff with whatever assistance you consider appropriate to ensure that the City's Arts Policy objectives are implemented — both as they relate to the City's own developments mentioned above and (by way of example and encouragement) those of others. If these new developments are sensitive to their sites, and to Saint John's history and heritage; and if they incorporate public elements, the City will be the richer for it — and it will become even more unique and appealing to its citizens and visitors alike. Inclusion of public art and public elements in the City's own developments (including all those mentioned above) can be accomplished in any number of creative ways (through exterior works, interior works that the public can view, public exhibits /displays, etc. — the ideas are almost endless); and our Board is equally willing, and excited, to provide assistance in this area as well. Yours very truly, Michael D. Wennbetg�' Chairman 632 -2771 cc. Terry Totten, City Manager SMSS\ \575001.1