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2007-05-22_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, May 22, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Board Room City Hall 1.1 Property Matter 10.2(4)(d) 1.2 Property Matter 10.2(4)(d) 1.3 Employment Matter 10.2(4)0) 1.4 Legal Proceedings 10.2(4)(f,g) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber City Hall 2. Approval of Minutes 2.1 Approval of May 7 and 8, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Enterprise Saint John Request to Present (Recommendation: Refer to Clerk to Schedule Presentation) 5.2 Slurp Clothing Germain St. Request to Hold Outdoor Sale June 16 (Recommendation: Refer to City Manager) 5.3 Fish and Brew Pub Objecting to Racino or Casino (Recommendation: Receive for Information) 5.4 Sharon Jeffrey Water and Sewerage Account (Recommendation: Refer to City Manager) 5.5 Assisgnment of Lease Stall C 1 City Market (Recommendation in Report) 5.6 Emera Pipeline (Recommendation in Report) 5.7 Grant of Easement from Saint John Port Authority Germain St West Storm Sewer Renewal (Recommendation in Report) 5.8 Public Hearing Date for 37 Golden Grove Rd, 8 -14 Simpson Dr, 937 Hillcrest Rd, 400 Main St and 69 Russell St and Rescheduling Time of Hearing for 921 Ashburn Rd, 10 Culloden Crt and 100 Prince Edward St (Recommendation in Report) 5.9 Report Harbour Skating Club Request for Funding (Recommendation in Report) 5.10 License Agreement Purchase of C1ick2Gov Module from Sungard (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Proclamation National Safe Kids Week of May 28, 2007 8. Delegations / Presentations 6:30 p.m. 8.12006 Audited Financial Statements 8.2 Construction Contracts - Projects, Schedule, Reporting and Policy 9. Public Hearings 7:00 p.m. 9.1(a)(b) Proposed Municipal Plan & Zoning By -law Amendments - 303 Golden Grove Rd 9.1(c) Planning Advisory Committee Proposed Muncipal Plan and Zoning By -law Amendments Recommending Conditional Use and Variance Application 299 -303 Golden Grove Rd 9.2(a) Proposed Zoning By -law Amendment - 85 Hayes Ave 9.2(b) Planning Advisory Committee Recommending Denial of Proposed Rezoning - 85 Hayes Avenue 9.3(a) Proposed Zoning By -law Amendment - 1490 Manawagonish Rd 9.3(b)Planning Advisory Committee Recommending Approval of Proposed Rezoning 1490 Manawagonish Road 10. Consideration of By -laws 10.1 Third Reading Zoning By -law Amendment - 13 -15 Main Street 10.2 Third Reading Zoning By -law Amendment - Old North End 10.3 Proposed Municipal Plan 71 Drury Cove Road 11. Submissions by Council Members 11.1 Proposed Reception for Holmes on Homes (Deputy Mayor Hooton) 11.2 Funding for Not - for - Profit Organizations (Deputy Mayor Hooton) 11.3 St. Peter's Ball Park (Deputy Mayor Hooton) 11.4 Resolution on Pesticide Usage (Councillor White) 11.5 Multiplex Project (Mayor McFarlane) 12. Business Matters - Municipal Officers 12.1 Common Council Interim Meeting Schedule 12.2 Community Loan Fund 12.3 2006 Water & Sewerage Utility Fund and General Fund Capital Programs - Analysis Report 12.4 Manawagonish Rd and Carpenter Place - Street Reconstruction 12.5 Contract 2007 -8, Loch Lomond Road - 900mm Water Main Seals 12.6 Contract 2007 -32 Red Head Rd Sanitary Forcemain, Water & Sewer mains, Slope Stabilization and Road Reconstruction 12.7 Sister Community Elsipogtog First Nation 12.8 MC2007 -157 Request for Amendment to By -law Respecting Control of Dogs and Cats 12.9 Grant Reductions for Summer Programming 13. Committee Reports 13.1 Recreation Implementation Committee Report 13.2 Fundy Region Solid Waste Commission Transportation of Solid Waste 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le mardi 22 mai 2007 Comit6 pl6nier 1. Ouverture de la s6ance 17 h Salle de conf6rence du 8e 6tage a 1'h6tel de ville 1.1 Question relative a la propri6t6 — alin6a 10.2(4)d) 1.2 Question relative a la propri6t6 — alin6a 10.2(4)d) 1.3 Questions relatives a 1'emploi — alin6a 10.2(4)j) 1.4 Proc6dures judiciaires — alin6a 10.2(4)f,g) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 18 h Salle du conseil a 1'h6tel de ville 2. Approbation du proces- verbal 2.1 Approbation des proces - verbaux des 7 et 8 mai 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'iWrets 5. Questions soumises a 1'approbation du conseil 5.1 Demande pr6sent6e par Entreprise Saint John visant a se pr6senter devant le conseil (Recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.2 Demande pr6sent6e par Slurp Clothing, de la rue Germain, visant a organiser une vente a 1'ext6rieur le 16 iuin (Recommandation : transmettre au directeur g6n6ral) 5.3 Opposition de la brasserie Fish and Brew Pub au projet de Racino ou de Casino (Recommandation : accepter a titre informatif) 5.4 Compte du r6seau d'aqueduc et d'6gouts de Sharon Jeffrey (Recommandation : transmettre au directeur g6n6ral) 5.5 Assentiment quant au bail de location de Ntal C1 du march6 municipal (recommandation formul6e au rapport) 5.6 Social Emera Pipeline (recommandation formul6e au rapport) 5.7 Attribution dune servitude de 1'Administration portuaire de Saint John relative au renouvellement du r6seau d'aqueduc et d'6gouts de la rue Germain Ouest (recommandation formul6e au rapport) 5.8 Date de 1'audience publique visant le 37, chemin Golden Grove, le 8 -14, promenade Simpson, le 937, chemin Hillcrest, le 400, rue Main et le 69, rue Russel et changement d'horaire de 1'audience publique visant le 921, chemin Ashburn, le 10, impasse Culloden et le 100, rue Prince Edward (recommandation formul6e au rapport) 5.9 Rapport de la demande de financement du club Harbour Skarting (recommandation formul6e au rapport) 5.10 Achat du contrat de licence du module C1ick2Gov de Sungard (recommandation formul6e au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Proclamation de la Semaine nationale Enfants en s6curit6 le 28 mai 2007 8. I)Wgations et presentations 18h30 8.1 Etats financiers v6rifi6s de 2006 8.2 Contrats de construction — Projets, calendrier, rapport et politique 9. Audiences publiques 19h 9.1a)b) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant le 303, chemin Golden Grove 9.1c) Modifications du plan municipal et de 1'arret6 sur le zonage du Comit6 consultatif d'urbanisme recommandant 1'usage conditionnel et une demande de d6rogation visant le 299 -303, chemin Golden Grove 9.2a) Projet de modification de 1'arrete sur le zonage visant le 85, avenue Hayes 9.2b) Comit6 consultatif d'urbanisme recommandant le rejet du projet de rezonage du bien -fonds situe au 85, avenue Hayes 9.3a) Projet de modification de 1'arret6 sur le zonage visant le 1490, chemin Manawagonish 9.3b) Comit6 consultatif d'urbanisme recommandant le rezonage du bien -fonds situ6 au 1490, chemin Manawagonish 10. Etude des arrWs municipaux 10.1 Troisieme lecture de la modification de 1'arret6 sur le zonage visant le 13- 15, rue Main 10.2 Troisieme lecture de la modification de 1'arret6 sur le zonage visant le quartier Old North End 10.3 Plan municipal propos6 visant le 71, chemin Drury Cove 11. Intervention des membres du conseil 11.1 R6ception propos6e pour Holmes on Homes (mairesse suppl6ante Hooton) 11.2 Financement des organismes sans but lucratif (mairesse suppl6ante Hooton) 11.3 Terrain de balle du parc St. Peter's (mairesse suppleante Hooton) 11.4 R6solution sur 1'utilisation des pesticides (conseiller White) 11.5 Projet multiplexe (maire McFarlane) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Calendrier des s6ances int6rimaire du conseil communal 12.2 Fonds d'emprunt communautaire 12.3 Programme d'immobilisations du fonds des services d'aqueduc et d'egouts et du fonds d'administration pour 2006 — Rapport d'analyse 12.4 R6fection du chemin Manawagonish et de place Carpenter 12.5 Contrat ri 2007 -8 relatif a 1'etancheit6 de la conduite d'eau principale de 900 mm du chemin Loch Lomond 12.6 Contrat ri 2007 -32 relatif a la conduite de refoulement, aux conduites d'eau et des 6gouts, a la stabilisation et la r6fection du chemin Red Head 12.7 Relations de jumelage avec la Premiere nation d'Elsipogtog 12.8 MC2007 -157 — Demande de modification de 1'arret6 concernant la surveillance des chiens et des chats 12.9 R6duction des subventions pour la programmation estivale 13. Rapports deposes par les comit6s 13.1 Rapport du comit6 de mise en oeuvre des loisirs 13.2 Transport des matieres us6es solides par la Commission de gestion des matieres us6es solides de la r6gion de Fundy 14. Etude des sujets kart& des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 16. C16ture de la seance 92 -806 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 7 and 8, 2007 - 6:15 P.M. 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; A. Beckett, Deputy City Manager of Programs and Priorities; 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; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LES 7 ET 8 MAI 2007 A 18 H 15 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; A. Beckett, directeur general adjoint, programmes et priorites; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; R. Simonds, chef du service d'incendie; B. Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order. The Deputy City Manager of Programs and Priorities presented a booklet explaining how tax dollars are spend in the City, which will be distributed to Saint John citizens in the next week. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane. Le directeur general adjoint, programmes et priorites, presente un livret, devant titre distribue aux citoyens de Saint John la semaine prochaine, qui determine la maniere dont les sommes provenant de I'impot foncier sont depensees dans la ville. 2. Approval of Minutes On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the minutes of the meeting of Common Council held on April 23, 2007, be approved. Question being taken, the motion was carried. 92 -807 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 2. Approbation du proces- verbal Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que le proces- verbal de la reunion du conseil communal tenue le 23 avril 2007 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor White Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved with the addition of 7.4, Proclamation, and move 15.1, Pesticide Legislation to follow item 11.4. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller White Appuyee par le conseiller Court RESOLU que I'ordre du jour de la presente seance soit approuve, moyennant I'ajout du point 7.4 Proclamation, et le deplacement du point 15.1 Legislation sur les pesticides, a la suite du point 11.4. 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 Surf City Synchro Club requesting financial assistance for the Canadian Espoir Synchronized Swimming Championships to be held at the Saint John Canada Games Aquatic Centre, be referred to the City Manager. 5.2 That the letter from the Chicken Noodle Soup Club thanking Common Council for its contribution, be received for information. 5.3 That the letter from CNIB requesting that the sidewalk on Ropewalk Road be extended to Somerset Street, be referred to the City Manager. 5.4 That the request of the Vision 2015 Citizens Advisory Group and the Saint John Environment Committee to present to Council, be referred to the Clerk to schedule a presentation. 5.5 That the letter from the Saint John Environment Committee requesting to present Environment Awards on Monday, June 4, 2007, be referred to the Clerk to schedule a presentation. 5.6 That the letter from the Harbour Skating Club requesting financial assistance, be referred to the City Manager. 5.7 That the letter from Stephen Fitzpatrick resigning from the Board of Directors of Saint John Industrial Parks Ltd., be referred to the Nominating Committee, and the Mayor send a letter of thanks to Mr. Fitzpatrick. 5.8 That the letter from Health and Wellness Expo requesting financial assistance for an event, be referred to the City Manager. 5.9 That the letter from Mystical Sounds Productions requesting financial assistance for a music festival, be referred to the City Manager. 92 -808 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 5.10 That as recommended by the City Manager, Contract 2007 -20: Loch Lomond Road — Street Reconstruction — Municipal Designated Highways Grant Program, be awarded to the low tenderer, Debly Enterprises Ltd., at its tendered price of $1,228,371. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager, Contract 2007 -5: Green Head Road — New Storm Sewer, be awarded to the low tenderer, Valley Excavation Services Inc., at its tendered price of $99,124. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.12 That as recommended by the City Manager, Contract 2007 -28: Busby Street — Lift Station and Sanitary Forcemain be awarded to the low tenderer, Galbraith Construction Ltd, at its tendered price of $146,064. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.13 That as recommended by the City Manager, Contract No: 2007 -15: Champlain Drive (Civic #30 to Traffic Circle) — Street Reconstruction, be awarded to the low tenderer, Valley Excavation Services Inc., at its tendered price of $528,388.85 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.14 That as recommended by the City Manager, Saulnier Management Ltd. be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 713 cubic metres, at its development on Majors Brook Drive, and this report be received for information. 5.15 That as recommended by the City Manager, The City of Saint John further amend its resolution of February 2, 2004 (M &C 2004 -25) by deleting: "2. pay to a maximum $300. the legal fees incurred by DKB Enterprises Inc. to finalize this transaction;" and replacing it with "2. pay to a maximum $2,250. plus HST the legal fees incurred by DKB Enterprises Inc. to finalize this transaction;" with all other elements of the resolution remaining unchanged. 5.16 That as recommended by the City Manager, Common Council schedule the Public Hearings for the re- zoning and Section 39 applications of A. C. Fairweather & Sons Ltd. (921 Ashburn Road), Saint John YMCA -YWCA (100 Prince Edward Street) and F.C.S. Housing (10 Culloden Court) for Monday, June 18, 2007 at 7:00 p.m. in the Council Chamber. 5.17 That as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance for: #39 W & S Holding Ltd. development, Manchester Estates Development at Purdy's Corner with an estimated 2007 expenditure of $90,000. 5.18 That as recommended by the City Manager, Common Council support the scheduling of a Construction Contracts Policy presentation at its meeting of May 22nd, 2007 and this report be received for information. 5.19 That as recommended by the City Manager, staff cease the practice of issuing one proposal call for both auctions and issue separate bid requests for each auction; Council allow staff to send vehicles and equipment to the auctioneer's location for disposal rather than requiring the auctioneer to mobilize his operation to Saint John; unless a vehicle has a cost effective application within the fleet pool, as an internal rental vehicle, that it be disposed of as quickly as possible after replacement; staff continue to pursue, where it is deemed economically feasible to do so, alternative methods of asset disposal outside the auction method, and for the balance of the 2007 Fleet Replacement Program year, staff continue to engage the services of Jardine Auctioneers for the disposal of surplus or replaced fleet assets. 5.20 That as recommended by the City Manager, $23,725.50 be provided to Galbraith Florist Ltd. as cost sharing of the construction of the sewer extension on condition that a municipal services easement containing the line is provided; and Council assent to 92 -809 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 proposed municipal services easement along the east property line of the property at 1210 Loch Lomond Road. 5.21 That as recommended by the City Manager, Common Council authorize the publishing of a notice of its intention to consider the passing of a by -law to stop up and close that portion of Retail Drive (formerly Marlborough Avenue) public street right -of- way that is not required for street purposes. 5.22 That as recommended by the City Manager, Mr. Gerald M. (Gary) Lawson be named as the City's nominee on the Arbitration Board in the matter of this grievance between the City of Saint John and the Saint John Fire Fighters' Association, Local 771, 1.A.F.F. 5.23 That as recommended by the City Manager, staff brief Common Council at an appropriate time on the management proposals and commence collective bargaining with local 771. 5.24 That as recommended by the City Manager, the report regarding Berryman Investment Inc. and the cost - sharing agreement for 210 Cottage Road be received for information and the City Manager finalize an agreement based on contents of the submitted report. 5.25 That the City Manager continue to negotiate an appropriate exchange of land with the developer for the Retail Drive street alignment. 5.26 That as recommended by the City Manager, the report updating Council on various actions being taken to address the pension funding shortfall be received for information. 5.27 That as recommended by the City Manager the P.R.O. Kids 2006 Annual Report be received for information. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre de demande de financement reque de Surf City Synchro Club pour appuyer les championnats canadiens espoir de nage synchronisee, prevus au Centre aquatique des Jeux du Canada, a Saint John, soit transmise au directeur general. 5.2 RESOLU que la lettre reque du Chicken Noodle Soup Club remerciant le conseil de sa contribution, soit acceptee a titre informatif. 5.3 RESOLU que la lettre reque de I'INCA voulant que le trottoir sur le chemin Ropewalk soit prolonge jusqu'a la rue Somerset, soit transmise au directeur general. 5.4 RESOLU que la demande presentee par le groupe consultatif de citoyens pour la Vision 2015 et le Comite sur 1'environnement de Saint John, voulant se presenter devant le conseil, soit transmise au greffier pour qu'il fixe une date de presentation. 5.5 RESOLU que la lettre regue du Comite sur 1'environnement de Saint John, voulant faire une presentation de prix pour 1'environnement le 4 juin 2007, soit transmise au greffier pour qu'il fixe une date de presentation. 5.6 RESOLU que la lettre de demande de financement regue de Harbour Skating Club [club de patinage] soit transmise au directeur general. 5.7 RESOLU que la lettre regue de Stephen Fitzpatrick, voulant demissionner du conseil d'administration de Saint John Industrial Parks Ltd., soit transmise au Comite des candidatures, et que le maire expedie une lettre de remerciements a M. Fitzpatrick. 92 -810 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 5.8 RESOLU que la lettre de demande de financement reque de Health and Wellness Expo [colloque sur la sante et le mieux -titre] soit transmise au directeur general. 5.9 RESOLU que la lettre de demande de financement reque de Mystical Sounds Productions, pour appuyer un festival de musique, soit transmise au directeur general. 5.10 RESOLU que, comme le recommande le directeur general, le contrat no 2007 -20 visant la refection du chemin Loch Lomond, en vertu du programme de subvention relatif aux routes municipales designees, soit accorde au soumissionnaire moins - disant, Debly Enterprises Ltd., au prix offert de 1 228 371 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle exigee. 5.11 RESOLU que, comme le recommande le directeur general, le contrat no 2007 -5 relatif aux egouts pluviaux du chemin Green Head soit accorde au soumissionnaire moins - disant, soit Valley Excavation Services Inc., au prix offert de 99 124 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle exigee. 5.12 RESOLU que, comme le recommande le directeur general, le contrat no 2007 -28 relatif aux travaux de mise au point visant la conduite de refoulement et la station de relevement de la rue Busby, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 146 064 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. 5.13 RESOLU que, comme le recommande le directeur general, le contrat no 2007 -15 relatif a la refection de la promenade Champlain (depuis le no de voirie 30 jusqu'au carrefour giratoire), soit accorde au soumissionnaire moins - disant, soit Valley Excavation Services Inc., au prix offert de 528 388,85 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle exigee. 5.14 RESOLU que, comme le recommande le directeur general, Saulnier Management Ltd. soit avisee que le conseil communal vendra des espaces d'entreposage compensatoire, au prix de 10,75 $ le metre cube, pour chaque metre cube d'entreposage deplace en raison d'inondation a la suite des travaux d'amenagement, jusqu'a concurrence de 713 metres cubes, sur les lieux d'amenagement de la promenade Majors Brook, et que le present rapport soit accepte a titre informatif. 5.15 RESOLU que, comme le recommande le directeur general, The City of Saint John modifie davantage sa resolution du 2 fevrier 2004 (contrat no MC 2004 -25) en supprimant le libelle suivant : "2. acquitter les honoraires juridiques, jusqu'a concurrence de 300 $, engages par DKB Enterprises Inc., afin de conclure cette transaction; » et en le remplagant par "2. acquitter les honoraires juridiques, jusqu'a concurrence de 2 250 $, TVH en sus, engages par DKB Enterprises Inc., afin de conclure cette transaction; » et que toutes les autres dispositions de la resolution demeurent intactes. 5.16 RESOLU que, comme le recommande le directeur general, le conseil communal fixe les dates d'audiences publiques relatives aux demandes de rezonage et de modification des conditions imposees par I'article 39, deposees par A.C. Fairweather & Sons, Ltd., (921, chemin Ashburn), par Saint John YMCA -YWCA (100, rue Prince Edward), et par F.C.S. Housing (10, impasse Culloden), au lundi 18 juin 2007 a 19 h dans la salle du conseil. 5.17 RESOLU que, comme le recommande le directeur general, le conseil communal approuve la demande suivante dans le cadre du programme d'aide a ('infrastructure residentielle : no 39, W & S Holding Ltd., visant I'amenagement Manchester Estates, situe au coin Purdy's Corner, dont les depenses sont prevues s'elever a 90 000 $ en 2007. 5.18 RESOLU que, comme le recommande le directeur general, le conseil communal appuie la presentation en matiere de politique sur les contrats de construction, pendant la tenue de sa seance prevue le 22 mai 2007, et que le rapport sur la question soit accepte a titre informatif. 92 -811 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 5.19 RESOLU que, comme le recommande le directeur general, les employes cessent de publier un seul appel d'offres pour deux ventes aux encheres et qu'ils formulent plutot une demande de soumission pour chacune des ventes aux encheres; que le conseil permette aux employes de transmettre les vehicules et le materiel aux locaux du commissaire - priseur aux fins de liquidation plutot que de demander a celui -ci de deplacer ses operations vers Saint John; a moins qu'un vehicule soit utile au sein de la flotte, en tant que vehicule de location interne, qu'il soit aliene aussitot que possible apres son remplacement; que les employes continuent a poursuivre, lorsqu'il est juge opportun du point de vue economique, des methodes de liquidation des biens autres qu'au moyen de la vente aux encheres, et ce jusqu'a la fin du programme de remplacement de la flotte pour 2007; et que les employes continuent a retenir les services de Jardine Auctioneers pour I'alienation des biens excedents et des unites remplacees au sein de la flotte automobile. 5.20 RESOLU que, comme le recommande le directeur general, la somme de 23 725,50 $ soit versee a Galbraith Florist Ltd., en vertu d'une entente de partage des couts relatifs aux travaux de construction visant le prolongement du reseau d'egouts sanitaires, sous reserve de la cession d'une servitude de services municipaux sur la parcelle faisant ('objet dudit prolongement; que le conseil approuve la cession de la servitude de services municipaux proposee longeant la limite est du terrain situe au 1210, chemin Loch Lomond. 5.21 RESOLU que, comme le recommande le directeur general, le conseil communal autorise la publication d'un avis indiquant son intention d'adopter un arrete visant a fermer et a barrer un trongon de la promenade Retail (I'ancienne avenue Marlborough), soit le droit de passage sur rue publique qui nest pas exige aux fins de circulation. 5.22 RESOLU que, comme le recommande le directeur general, M. Gerald M. (Gary) Lawson soit nomme candidat de la Ville pour sieger au conseil d'arbitrage en vertu du grief entre The City of Saint John et la section locale 771 (I.A.F.F.) de I'Association des pompiers de Saint John. 5.23 RESOLU que, comme le recommande le directeur general, les employes municipaux, en temps opportun, mettent le conseil au courant des propositions de gestion prevues et qu'ils entament les negociations collectives avec la section locale 771. 5.24 RESOLU que, comme le recommande le directeur general, le rapport relatif a Berryman Investment Inc., et 1'entente de partage des couts visant le 210, chemin Cottage, soient acceptes a titre informatif et que le directeur general redige une convention en se fondant sur le contenu du rapport presente. 5.25 RESOLU que le directeur general continue a negocier I'echange adequat de terrains avec le promoteur relativement a I'alignement de la promenade Retail. 5.26 RESOLU que, comme le recommande le directeur general, le rapport de mise a jour presente au conseil visant diverses demarches entreprises en vue de traiter le financement deficitaire de la caisse de retraite, soit accepte a titre informatif. 5.27 RESOLU que, comme le recommande le directeur general, le rapport annuel de 2006 presente par P.R.O. Kids soit accepte a titre informatif. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que la recommandation de chaque point de I'ordre du jour necessitant I'approbation du conseil 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. 92 -812 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 7. Proclamation 7.1 The Mayor proclaimed Wednesday, May 9, 2007 McHappy Day in the City of Saint John. 7.2 The Mayor proclaimed May 6 -12, 2007 Building Safety Week in the City of Saint John. 7.3 The Mayor proclaimed May 14, 2007 Organized Crime Day of National Police Week in the City of Saint John. 7.4 The Mayor proclaimed May 17, 2007 National Day Against Homophobia and Transphobia in the City of Saint John. 7. Proclamation 7.1 Le maire proclame le mercredi 9 mai 2007 le Grand McDon dans The City of Saint John. 7.2 Le maire declare la semaine du 6 au 12 mai 2007, Semaine de la securite en construction dans The City of Saint John. 7.3 Le maire declare le 14 mai 2007, journee du crime organise dans le cadre de la Semaine nationale de la police dans The City of Saint John. 7.4 Le maire declare le 17 mai 2007 Journee nationale de lutte contre I'homophobie et la transphobie dans The City of Saint John. 8. Delegations /Presentations 8.1 Mayor's Task Force Business Industrial Parks Referring to a submitted report and electronic slide presentation, Kathryn Craig, Chair of the Mayor's Task Force on Business Industrial Parks, delivered background information and recommendations for enhancing the viability, competitiveness and growth of the City's business /industrial parks. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the submitted report on the Mayor's Task Force on Business Industrial Parks be referred to the Industrial Parks Commission and to the City Manager for a report as soon as possible. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Groupe de travail du maire relatif aux pares commerciaux et industriels Se reportant a un rapport et a une presentation electronique de diapositives soumis, Kathryn Craig, presidente du Groupe de travail du maire relatif aux pares commerciaux et industriels, presente des renseignements generaux et des recommandations pour I'amelioration de la viability, de la concurrence et de la croissance des pares commerciaux et industriels de la ville. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le rapport presente sur le Groupe de travail du maire relatif aux pares commerciaux et industriels soit transmis a la commission des pares industriels et au directeur general aux fins de compte rendu des que possible. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment— 13 -15 Main Street 92 -813 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 9.1(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 13 -15 Main Street, having an area of approximately 370 square metres, also identified as being PID Number 00374694, from "IL -1" Neighbourhood Institutional to "B -R" Business Residential classification to permit a business office and dwelling units, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 1, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcel of land located at 13 -15 Main Street. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with the applicant, Phillip Huggard advising that he is in agreement with staff's recommendations. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 13 -15 Main Street, having an area of approximately 370 square metres, also identified as being PID Number 00374694, from "IL -1" Neighbourhood Institutional to "B -R" Business Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 13 -15 Main Street, having an area of approximately 370 square metres, also identified as being PID Number 00374694, from "IL -1" Neighbourhood Institutional to "B- R" Business Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage relatif au 13 -15, rue Main 9.1 b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 13 -15, rue Main, d'une superficie approximative et 370 metres carres et inscrite sous le NID 00374694 afin de faire passer la classification de zone de quartier a vocation collective « IL -1 » a zone residentielle et commerciale « B -R », en vue de permettre I'amenagement de bureaux commerciaux et de logements, et qu'aucune objection ecrite n'a ete regue a cet egard. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue le 1,r mai 2007, au cours de laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans les recommandations du personnel, voulant que le conseil communal procede au rezonage de la parcelle susmentionnee situee au 13 -15, rue Main. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. 92 -814 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Le maire invite le public a s'exprimer en faveur du rezonage et le requerant, Phillip Huggard, indique qu'il appuie les recommandations du personnel. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 13 -15, rue Main, d'une superficie approximative de 370 metres carres, et inscrite sous le NID 00374694, en vue de faire passer la classification de zone de quartier a vocation collective « IL -1 » a zone residentielle et commerciale « B -R », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 13 -15, rue Main, d'une superficie approximative de 370 metres carres, et inscrite sous le NID 00374694, en vue de faire passer la classification de zone de quartier a vocation collective « IL -1 » a zone residentielle et commerciale « B -R », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -law Amendment — Old North End 9.2(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of various properties located in the Old North End, as shown on the submitted map from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "RM -IF" Multiple Residential Infill classification (except those properties shown in black), with no written objections received, to place properties in a zone which is more indicative of the type, scale and character of development in the subject areas and reduce the number of variances required to permit new development, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 1, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned various properties located in the Old North End. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Rick Turner, Hughes Surveys & Consultants Inc., advocating for the proposal. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning various properties located in the Old North End, as shown on the submitted map from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "RM -IF" Multiple Residential Infill classification (except those properties shown in black), be read a first time. Question being taken, the motion was carried. 92 -815 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning various properties located in the Old North End, as shown on the submitted map from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "RM -IF" Multiple Residential Infill classification (except those properties shown in black), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that third reading of the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning various properties located in the Old North End, be postponed until individual notification can be mailed to affected property owners. Question being taken, the motion was carried. 9.2a) Projet de modification de I'Arrete de zonage visant le quartier Old North End 9.2b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis necessaires ont ete publies relativement au projet de rezonage relatif aux divers biens -fonds situes dans le quartier Old North End, tel que I'indique la carte presentee, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone d'immeubles -tours a logements multiples « RM -2 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF » (a 1'exception des biens -fonds delimites en noir), et qu'aucune opposition ecrite n'a ete reque a cet egard; l'objectif vise a amenager les proprietes dans une zone plus propice aux modeles, a la taille et au caractere existants dans les quartiers en question et a reduire le nombre de modifications necessaires pour permettre I'amenagement de nouveaux projets, et qu'aucun objection ecrite n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service de planification, etudie lors de la reunion du 1 er mai 2007, a laquelle le comite a resolu d'approuver la recommandation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le conseil communal procede au rezonage des divers biens -fonds susmentionnes situes dans le quartier Old North End. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, et Rick Turner, de Hughes Surveys & Consultants Inc., defend la proposition. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage de divers biens- fonds situes dans le quartier Old North End, tel que I'indique la carte presentee, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone d'immeubles -tours a logements multiples « RM -2 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF » (a 1'exception des biens -fonds delimites en noir), fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. 92 -816 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage de divers biens -fonds situes dans le quartier Old North End, tel que I'indique la carte presentee, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone d'immeubles -tours a logements multiples « RM -2 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF » (a 1'exception des biens -fonds delimites en noir), fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que la troisieme lecture de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage de divers biens -fonds situes dans le quartier Old North End, soit reportee pour permettre qu'un avis soit expedie a chacun des proprietaires touches par ledit rezonage. A I'issue du vote, la proposition est adoptee. 9.3(a) Proposed Zoning By -law Amendment — 75 Churchland Road 9.3(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 75 Churchland Road, having an area of approximately 14 hectares, also identified as being PID Number 00352112, from "RS -1" One and Two Family Suburban Residential to "R -R" One Family Rural Residential classification to undertake a rural residential subdivision consisting of a new public road and unserviced lots, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 1, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcel of land located at 75 Churchland Road. The Mayor called for members of the public to speak against the re- zoning with Gary Aiton expressing concern with drainage of a brook running through his property to the location in question. The Mayor called for members of the public to speak in favour of the re- zoning with Rick Turner, Hughes Surveys & Consultants Inc. speaking on behalf of the applicant advising that he is in agreement with the Planning Advisory Committee's recommendations. On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning of a parcel of land located at 75 Churchland Road, having an area of approximately 14 hectares, also identified as being PID Number 00352112, from "RS -1" One and Two Family Suburban Residential to "R -R" One Family Rural Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 92 -817 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 On motion of Councillor Tait Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning of a parcel of land located at 75 Churchland Road, having an area of approximately 14 hectares, also identified as being PID Number 00352112, from "RS -1" One and Two Family Suburban Residential to "R -R" One Family Rural Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that third reading of the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 75 Churchland Road, be postponed until confirmation is received from N.B. Department of Public Health Services and N.B. Department of Environment that the proposed subdivision is acceptable with regards to private on -site services. Question being taken, the motion was carried. 9.3a) Projet de modification de I'Arrete de zonage relatif au 75, chemin Churchland 9.3b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement a un projet de rezonage d'une parcelle de terrain situee au 75, chemin Churchland, d'une superficie totale d'environ 14 hectares et portant le NID 00352112, en vue de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle rurale — habitations unifamiliales « R -R » afin d'amenager un lotissement residentiel rural comportant une nouvelle rue publique et des terrains non amenages, et qu'aucune objection ecrite n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service de planification, etudie lors de la reunion du 1 er mai 2007, a laquelle le comite a resolu de consentir a la proposition, telle qu'elle est soulignee dans le rapport du personnel, et recommandation que le conseil communal procede au rezonage de la parcelle de terrain situee au 75, chemin Churchland. Le maire invite le public a exprimer son opposition quant au projet de rezonage et Gary Aiton exprime ses inquietudes relatives au drainage d'un ruisseau traversant son terrain a 1'emplacement en question. Le maire invite le public a se prononcer en faveur du projet de modification du zonage. Rick Turner de Hughes Surveys & Consultants Inc., au nom du requerant, indique qu'il appuie les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 75, chemin Churchland, d'une superficie approximative de 14 hectares et inscrite sous le NID 00352112, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle rurale — habitations unifamiliales « R -R », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 92 -818 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Proposition du conseiller Tait Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 75, chemin Churchland, d'une superficie approximative de 14 hectares et inscrite sous le NID 00352112, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -1 » a zone residentielle rurale — habitations unifamiliales « R -R », fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que la troisieme lecture de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 75, chemin Churchland, soit reportee jusqu'a la reception de la confirmation des services de sante publique du ministere de la Sante et du ministere de I'Environnement du Nouveau - Brunswick, que les services prives offerts sur les lieux du lotissement propose sont acceptables. A I'issue du vote, la proposition est adoptee. 10. Consideration of By -laws (Councillors Farren and Ferguson withdrew from the meeting as they were not present for the Public Hearing on April 30, 2007 regarding 440 -458 Rothesay Avenue) 10.1(a)Third Reading Zoning By -law Amendment — 440 -458 Rothesay Avenue 10.1(b)Section 39 Conditions 440 -458 Rothesay Avenue On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -37, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located to the rear of 440 -458 Rothesay Avenue, also identified as being PID Numbers 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID Numbers 55161574 and 55177034, from "R -2" One and Two Family Residential to 1 -1" Light Industrial classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -37, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED 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 Numbers 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID Numbers 55161574 and 55177034, with a car sales lot be subject to the following conditions: a) the use of the re -zoned 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; 92 -819 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 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; 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. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -37, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located to the rear of 440 -458 Rothesay Avenue, also identified as being PID Numbers 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 and also a portion of PID Numbers 55161574 and 55177034, from "R -2" One and Two Family Residential to 14' Light Industrial 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 -37, a Law to Amend the Zoning By -law of The City of Saint John ". (Councillor Ferguson re- entered the meeting.) 10. Etude des arretes municipaux (Les conseillers Farren et Ferguson quittent la reunion puisqu'ils n'etaient pas presents a I'audience publique du 30 avril 2007 relative au 440 -458, avenue Rothesay.) 10.1a) Troisieme lecture de la modification de I'arrete sur le zonage visant le 440 -458, avenue Rothesay 92 -820 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 10.1 b) Conditions imposees par I'article 39 visant le 440 -458, avenue Rothesay Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no C.P. 110 -37 modifiant 1'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situe a l'arriere du 440 -458, avenue Rothesay, inscrite sous les NID 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 ainsi qu'une partie des NID 55161574 et 55177034, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone d'industrie legere « 1 -1 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -37 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surl'urbanisme, I'amenagement d'une concession d'automobiles sur une parcelle de terrain d'une superficie approximative de 3 755 metres carres, situee a l'arriere du 440 -458, avenue Rothesay et portant les NID 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 ainsi qu'une partie des NID 55161574 et 55177034, soit assujetti aux conditions suivantes : a) ('utilisation du terrain dont le zonage a ete modifie est limite a I'amenagement et a ('utilisation d'un parc de stationnement en surface conjointement avec les concessions d'automobiles adjacentes; b) aucun stationnement et aucune circulation de camions relativement a I'amenagement de ('avenue Rockwood; c) I'aire de stationnement doit titre amenagee en retrait, a un minimum de 7,5 metres (25 pieds) de la zone residentielle adjacente; c) le promoteur doit asphalter les aires de stationnement proposees et prevoir des bordures continues de beton coulees sur place pour proteger les espaces paysagers et faciliter le drainage; d) des installations de drainage adequates, y compris des puisards, doivent titre fournies par le promoteur conformement a un plan de drainage detaille prepare par le requerant et assujetti a I'approbation de l'ingenieur municipal en chef ou de son remplagant en tenant compte des repercussions sur la zone de ('avenue Rockwood et de la rue Oakland; f) le fosse ouvert sur le chantier doit titre conserve comme caracteristique sur le plan de drainage approuve; g) le promoteur doit installer une cloture a mailles losangees recouverte de vinyle d'une hauteur minimale de 1,8 metres (6 pieds) a l'arriere du terrain de stationnement ainsi qu'une berme du cote residentiel de la cloture, qui doit titre gazonnee et agrementee d'arbres espaces de fagon a bloquer totalement la vue de la cloture pour les residents de la rue Oakland, la berme et les arbres ayant un hauteur combinee minimale de 3 metres (10 pieds), le tout conformement au plan d'amenagement detaille qui doit titre prepare par le requerant et assujetti a I'approbation de I'agent d'amenagement; h) I'amenagement paysager de toutes les autres aires perturbees du site non occupees par le terrain de stationnement propose doit titre effectue par le promoteur. L'amenagement paysager exige doit se prolonger sur le droit de passage, a partir de la rue Rockwood jusqu'a la bordure de la rue; i) la lumiere des lampadaires exterieurs doit titre dirigee de fagon a eclairer le terrain de stationnement et non les proprietes adjacentes; 92 -821 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 j) 1'emplacement doit titre amenage conformement aux plans de situation et au plan de situation detaille, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement, indiquant toutes les caracteristiques de 1'emplacement, y compris les caracteristiques susmentionnees, et le plan du site approuve, le plan d'amenagement et le plan de drainage doivent accompagner la demande de permis de construction relatif a I'amenagement; d) toutes les ameliorations de 1'emplacement indiquees sur les plans approuves du site, de I'amenagement et du drainage doivent titre effectuees dans I'annee suivant la date a laquelle le permis de construction de I'amenagement en question a ete delivre; et, a la suite du rezonage du secteur, le terrain soit amenage et utilise conformement aux conditions stipulees par les presentes. A I'issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete no C.P. 110 -37 modifiant I'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situe a I'arriere du 440 -458, avenue Rothesay, inscrite sous les NID 55039341, 55039358, 55039366, 55039374, 55039382, 55039390, 55039408, 55039416, 55039424, 55039432, 55039440 ainsi qu'une partie des NID 55161574 et 55177034, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone d'industrie legere « 1 -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -37 modifiant I'arrete sur le zonage de The City of Saint John ». (Le conseiller Ferguson se joint de nouveau a la seance.) 11. Submissions by Council Members 11.1 Inequities in Taxicab Fares On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Council refer this matter to the Taxi Advisory Committee for examination and a report back to Council. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Iniquites relatives aux tarifs des taxis Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil transmet la question au comite consultatif sur les taxis aux fins d'examen et de presentation d'un rapport au conseil. A I'issue du vote, la proposition est adoptee. 11.2 Blasting and Power Outage Somerset Street On motion of Councillor Court Seconded by Councillor White RESOLVED that the Commissioner of Buildings and Inspection Services give Council an oral update on the recent blasting and power outage on Somerset Street, and this report be referred to the City Solicitor. Question being taken, the motion was carried. 92 -822 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 (Councillor Farren re- entered the meeting.) 11.2 Dynamitage et panne d'electricite sur la rue Somerset Proposition du conseiller Court Appuyee par le conseiller White RESOLU que le commissaire a la construction et aux services d'inspection presente au conseil un compte rendu verbal sur le dynamitage et la panne d'electricite qui ont eu lieu recemment sur la rue Somerset et que ce rapport soit transmis a I'avocat municipal. A ('issue du vote, la proposition est adoptee. (Le conseiller Farren est de nouveau present a la reunion.) 11.3 Vulnerable Neighbourhoods On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the City Manager and key staff examine how an infrastructure and resource model can be established to assist vulnerable neighbourhoods, and present back to the Mayor and Council their ideas for such. Question being taken, the motion was carried. 11.3 Quartiers vulnerables Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que le directeur general et les membres du personnel cles examinent la maniere d'etablir une infrastructure et un modele de ressource qui pourraient aider les quartiers vulnerables et qu'ils presentent leurs idees a cet egard au maire et au conseil. A ('issue du vote, la proposition est adoptee. 11.4 Pilot Transportation Committee On motion of Councillor Titus Seconded by Councillor White RESOLVED that Council send invitations to the Port Authority, Airport Board, Transit Commission, Harbour Bridge Authority, and the Parking Commission to attend a public meeting to bring forth their current issues and priorities. Question being taken, the motion was carried. 11.4 Projet pilote du Comite de transport Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le conseil envoie des invitations a I'Administration portuaire, au conseil d'administration de I'aeroport, a la Commission des transports, a I'Administration du pont du port et a la Commission sur le stationnement a assister a une audience publique afin de presenter leurs priorites et problemes actuels. A ('issue du vote, la proposition est adoptee. 15.1 Pesticide Legislation On motion of Councillor Court Seconded by Councillor White RESOLVED that as a positive step in environ- mental responsibility and pesticide usage reduction, Council support the following position and advise the appropriate Department: that if the New Brunswick Government 92 -823 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 is going to allow pesticide application, it require IPM Accreditation as a prerequisite for issuing a pesticide application license in the landscape sector in our province. Question being taken, the motion was carried. 15.1 Legislation sur les pesticides Proposition du conseiller Court Appuyee par le conseiller White RESOLU que le conseil est en faveur de la position suivante comme demarche positive en ce qui a trait a la responsabilite environnementale et a la reduction de ('utilisation des pesticides et qu'il avise le ministere approprie : que si le gouvernement du Nouveau - Brunswick permet I'application des pesticides, une accreditation en lutte integree sera exigee comme condition prealable pour qu'un permis d'application de pesticides soit delivre dans le secteur de I'amenagement dans notre province. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Water Main Cleaning and Lining — A Priority for Drinking Water Quality On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council: 1. Make the cleaning and lining of unlined cast iron water main a high priority for its utility, Saint John Water; 2. Support the adjustment of the 2007 Capital Program (Saint John Water) as presented in a separate report (also on May 7th, 2007); and 3. Pre - approve for the 2008 Capital Program (Saint John Water) an amount of $2,300,000. for Phases 4 and 5 of the Water Main Cleaning and Lining Program. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Le nettoyage et le revetement de la conduite d'eau principale — Une priorite pour une eau potable de qualite Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal : 1. accorde une grande priorite au nettoyage et au revetement de la conduite principale en fonte sans revetement du reseau d'aqueduc et d'egouts de Saint John; 2. appuie les modifications au programme d'immobilisation 2007 (reseau d'aqueduc et d'egouts de Saint John), telles que presentees dans un rapport distinct (egalement le 7 mai 2007); 3. approuve a I'avance, pour le programme d'immobilisation 2008 (reseau d'aqueduc et d'egouts de Saint John), un montant de 2 300 000 $ pour les phases 4 et 5 du programme de nettoyage et de revetement de la conduite principale. A ('issue du vote, la proposition est adoptee. 12.2 2006 and 2007 Water & Sewerage Utility and General Funds Capital On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2006 and 2007 Water & Sewerage Utility Fund and General Fund Capital Programs, as outlined in the submitted report. Question being taken, the motion was carried. 92 -824 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 12.2 Immobilisations du fonds des services d'aqueduc et d'egouts et du fonds d'administration pour 2006 et 2007 Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil communal approuve les ajustements aux programmes relatifs aux immobilisations du fonds du service d'aqueduc et d'egouts et du fonds d'administration pour 2006 et 2007, tel que le souligne le rapport presente. A I'issue du vote, la proposition est adoptee. 12.3 Policy and Pollution Prevention On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council adopt the submitted Pollution Prevention (Wastewater Treatment) Policy for the City of Saint John (Saint John Water). Question being taken, the motion was carried. 12.3 Politique et prevention de la pollution Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil communal adopte la politique de prevention de la pollution (traitement des eaux usees) presentee pour The City of Saint John (reseau d'aqueduc et d'egouts de Saint John). A I'issue du vote, la proposition est adoptee. 12.4 Rope Walk Road On motion of Councillor Farren Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council endorse the actions outlined in the submitted report and pre - approve the four Capital Program projects listed in the submitted attachment for 2008. Question being taken, the motion was carried. 12.4 Chemin Rope Walk Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, le conseil communal appuie les demarches soulignees au rapport presente et approuve a I'avance les quatre projets du programme d'immobilisation figurant a I'annexe presentee pour 2008. A I'issue du vote, la proposition est adoptee. 12.5 Vehicle Identification On motion of Councillor Tait Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City of Saint John Vehicle Policy be amended in order to better provide for vehicle identification, and specifically articles 4.2 and 4.3 of section 4.0 GUIDELINES, be replaced with the recommended articles as contained in the submitted statement. Question being taken, the motion was carried with Councillor Farren voting nay. 92 -825 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 12.5 Identification des vehicules Proposition du conseiller Tait Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, la politique sur les vehicules de The City of Saint John soit modifiee afin d'ameliorer ('identification des vehicules, plus precisement que les paragraphes 4.2 et 4.3 de I'article 4.0 LIGNES DIRECTRICES soient remplaces par les paragraphes formules dans 1'enonce presente. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 12.6 Council /Staff Relations On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the submitted report on Council /staff relations be received for information. Question being taken, the motion was carried. 12.6 Relations entre le conseil et le personnel Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, le rapport presente visant les relations entre le conseil et le personnel soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.7 Transparency and Accountability On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report concerning the alleged lack of transparency and accountability by Council and the Administration be received for information. Question being taken, the motion was carried. During Councillor Ferguson's remarks, Councillor McGuire raised a point of order asking for an explanation of the intent of the former's line of discussion. The Mayor ruled that Councillor Ferguson continue. On motion of Councillor White Seconded by Deputy McGuire RESOLVED that Council complete item 12.7, and reconvene May 8, 2007 to complete the remaining items on the agenda. Question being taken, the motion was carried. 12.7 Transparence et obligation de rendre compte Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport concernant le pretendu manque de transparence et d'obligation de rendre compte de la part du conseil et de I'administration soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. Au cours des remarques formulees par le conseiller Ferguson, le conseiller McGuire souleve une objection, lui demandant d'expliquer le but de ces propos. Le maire declare que le conseiller Ferguson poursuive. 92 -826 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que le conseil traite le point 12.7 et que la reunion reprenne le 8 mai 2007 pour terminer les points de l'ordre du jour non traites. A ('issue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee — Proposed Subdivision Cedar Point Anchorage — 554 Woodward Avenue On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with only that portion of the submitted subdivision plan consisting of a maximum of 51 lots on an extension of Anchorage Avenue, Compass Court (to be renamed) and a portion of Windward Way (to be renamed), with respect to the vesting of the proposed public streets, land for public purposes and any required municipal services easements and public utility easements and Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and the required contribution to the pumping station and potential force main upgrades. Question being taken, the motion was carried. Councillor Farren advised that he will not be able to attend the Council meeting May 8, 2007, preferring to continue the agenda this evening. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the Council adjourn the meeting and re- convene in the Council Chamber tomorrow, May 8, 2007 at 4:30 p.m. Question being taken, the motion was carried, with Councillor Farren voting nay. 13.3 Comite consultatif d'urbanisme relativement au projet de lotissement Cedar Point Anchorage situe au 554, avenue Woodward Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que le conseil communal donne son assentiment a un ou plusieurs plans de lotissement, realisables en une ou plusieurs phases, conformement, de maniere generale, uniquement a la partie du plan de lotissement qui prevoit un maximum de 51 lots sur le prolongement de ('avenue Anchorage, ('impasse Compass (a renommer) et une partie du passage Windward (a renommer), relativement a la devolution des rues publiques proposees, le terrain pour fins d'utilite publique, et les servitudes de services municipaux et les servitudes d'utilite publique obligatoires; que le conseil communal autorise la preparation et la mise en oeuvre d'une ou de plusieurs ententes de lotissement entre la Ville et le promoteur afin d'assurer du travail et les installations necessaires, y compris des plans detailles du site et du systeme de drainage sur approbation de l'ingenieur municipal en chef ou de son representant, ainsi que la contribution requise pour le poste de pompage et la mise a niveau eventuelle de la conduite de refoulement. A ('issue du vote, la proposition est adoptee. Le conseille Farren indique qu'il ne pourra pas assister a la reunion du conseil le 8 mai 2007 et qu'il prefere continuer 1'examen des points a l'ordre du jour ce soir. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la seance soit suspendue et qu'elle reprenne le lendemain, le 8 mai 2007, a 16 h 30 dans la salle du conseil. 92 -827 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. present COMMON COUNCIL MEETING CITY HALL — MAY 8, 2007 4:40 P.M. Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chase, Court, Ferguson, McGuire, and Tait - and - J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; A. Bodechon, Chief of Police; B Morrison, Commissioner of Leisure Services; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the Council meeting adjourned on May 7, 2007 re- convene. Question being taken, the motion was carried. Sont presents : REUNION DU CONSEIL COMMUNAL A L'HOTEL DE VILLE, LE 8 MAI 2007 A 16 H 40 Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chase, Court, Ferguson, McGuire et Tait et J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; A. Bodechon, chef de police; B. Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la reunion du conseil levee le 7 mai 2007 reprenne. A ('issue du vote, la proposition est adoptee. 12.8 Proposal to Develop Lands behind Gorman Arena On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report recommending that the City enter into a one year agreement with the Saint John Soccer Association to allow them to seek funding, partnerships and further develop plans for a soccer complex behind the Gorman Arena, be referred to the Recreation Implementation Committee for a recommendation in two weeks. Question being taken, the motion was carried. 92 -828 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 On motion of Councillor Court Seconded by Councillor Tait RESOLVED that item, Pilot Transportation Committee, be added to the agenda as 12.12. Question being taken, the motion was carried. 12.8 Proposition pour I'amenagement des biens -fonds situes derriere I'arena Charles Gorman Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport recommandant que la Ville signe une entente d'un an avec I'association de soccer de Saint John afin de lui permettre d'obtenir du financement, d'etablir des partenariats et d'elaborer davantage les plans visant a construire un complexe sportif pour le soccer derriere I'arena Gorman soit transmis au comite de mise en oeuvre des loisirs pour qu'il presente une recommandation a cet egard dans deux semaines. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Tait RESOLU que le point Projet pilote du Comite de transport soit ajoute a I'ordre du jour sous le point 12.12. A I'issue du vote, la proposition est adoptee. 12.9 Provision of Life Guard Services 2007 On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager: 1. Common Council authorize staff to engage the Canada Games Aquatic Centre to provide lifeguard supervision at City beaches in 2007, as outlined in the submitted proposal at a cost of $65,000. plus HST, and 2. The engagement will be extended to cover the cost of life guarding Lily Lake Beach for the amount of $25,080., and 3. Common Council accept the $12,000. contribution from the Lily Lake Pavilion Inc., and; 4. Leisure Services be authorized to provide $13,080. as the City's share towards life guarding the Lily Lake Beach, and; 5. the City Solicitor be directed to prepare all necessary documents, and; 6. the Mayor and Common Clerk be authorized to sign these documents. Question being taken, the motion was carried. 12.9 Offre de services de sauveteurs pour 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general : 1. le conseil communal autorise les employes municipaux a engager les services du Centre aquatique des Jeux du Canada afin de fournir des surveillants sur les plages de la ville en 2007, tel qu'il est souligne dans la proposition presentee, au cout de 65 000 $, TVH en sus; 2. cette entente vise egalement les services de sauveteurs a la plage du lac Lily au cout de 25 080 $; 3. le conseil communal accepte la contribution de 12 000 $ du Lily Lake Pavilion Inc.; 4. les services des loisirs soient autorises a fournir 13 080 $, qui constitue la part de la Ville pour les services de sauveteurs a la plage du lac Lily; 5. I'avocat municipal soit autorise a preparer tous les documents necessaires; 6. le maire et le greffier communal soient autorises a signer ces documents. 92 -829 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 A I'issue du vote, la proposition est adoptee. 12.10 Rural Road Upgrades Program On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council: 1. Direct staff to proceed with the Rural Road Upgrades Program according to Option #5 and the scope as described in the submitted Appendix, and 2. Direct staff to develop a general policy of engineering standards for pre- existing substandard rural roads for Council's subsequent consideration and approval, and 3. Re- confirm the City's policy of not providing transportation and storm water services to roads classified as 'Private'. Question being taken, the motion was carried. 12.10 Programme de refection des routes rurales Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil communal : 1. charge les employes de lancer le Programme de refection des routes rurales selon ('option 5 et 1'etendue decrite a I'annexe presentee; 2. charge les employes d'elaborer une politique generale relative aux normes d'ingenierie visant les rues rurales en pietre etat aux fins d'examen et d'approbation du conseil; 3. reaffirme la politique municipale qui consiste a ne pas fournir de transport et de services de gestion des eaux pluviales aux routes classees comme « privees ». A I'issue du vote, la proposition est adoptee. 12.11 Design and Construction Management Latimer Lake Fluoridation System Upgrade On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the proposal of Ralph Smith Engineering Inc. for engineering services (design and construction management) for the Latimer Lake Fluoridation System Upgrade 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 with Councillors Chase and Ferguson voting nay. 12.11 Gestion de la conception et de la construction — Mise a niveau du systeme de fluoration du lac Latimer Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, la proposition de Ralph Smith Engineering Inc. soit acceptee visant les services d'ingenierie (gestion de la conception et du pilotage) relativement au projet de mise a niveau du systeme de fluoration du lac Latimer, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est acceptee. Les conseillers Chase et Ferguson votent contre la proposition. 12.12 Pilot Transportation Committee On motion of Councillor Court Seconded by Councillor Tait RESOLVED that the item 11.4. Pilot Transportation Committee dealt with on May 7, 2007, be re- considered. 92 -830 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Tait RESOLVED that the item, Pilot Transportation Committee be tabled until Vision 2015 committee model is determined. Question being taken, the motion was carried. 12.12 Projet pilote du Comite de transport Proposition du conseiller Court Appuyee par le conseiller Tait RESOLU que le point 11.4 Projet pilote du Comite de transport traite le 7 mai 2007 soit reexamine. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Tait RESOLU que le point Projet pilote du Comite de transport soit reporte jusqu'a ce que le modele du comite relatif a la Vision 2015 soit etabli. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole Report — Ward System Resolutions On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the City put the question of system of election to a plebiscite on the ballot of the next municipal election in May, 2008, and that the matter be referred to the City Manager for a report back to Council. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the City put the following question of system of election to a plebiscite on the ballot of the next municipal election in May, 2008: "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 Councilors to be elected at large ?" Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Rapport du comite plenier relativement aux resolutions sur le systeme electoral par quartiers Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la Ville soumette la question du systeme electoral au plebiscite en I'incluant au bulletin de vote de la prochaine election municipale prevue en mai 2008 et que cette affaire soit transmise au directeur general pour qu'il en fasse le compte rendu au conseil. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la Ville soumette la question suivante concernant le systeme electoral au plebiscite en I'incluant au bulletin de vote de la prochaine election municipale prevue en mai 2008 : « Desirez -vous que la ville soit 92 -831 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 divisee en quatre quartiers composes d'une population assez egale, comprenant deux conseillers elus par les electeurs du quartier en particulier et deux conseillers elus par le public et non rattaches a une circonscription electorale? A ('issue du vote, la proposition est adoptee. 13.2 Saint John Parking Commission Residential On- Street Parking Central Peninsula On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the issue of residential on- street parking in the Central Peninsula be referred back to the Saint John Parking Commission, for a report including a recommended solution back to Council. Question being taken, the motion was carried. 13.2 Commission sur le stationnement de Saint John relativement au stationnement sur rue dans la peninsule centrale Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la question du stationnement residentiel sur rue dans la peninsule centrale soit retournee a la Commission sur le stationnement afin qu'elle redige un rapport comprenant une solution recommandee au conseil. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15.2 YMCA YWCA Request for Grant On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the letter from the Saint John YMCA /YWCA requesting financial assistance, be referred to the City Manager. Question being taken, the motion was carried. 15. Correspondance generale 15.2 Demande de subvention reque de YMCA/YWCA Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que la lettre de demande de financement reQue de YMCA /YWCA de The City of Saint John soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 5:30 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 17 h 30. 92 -832 COMMON COUNCIL / CONSEIL COMMUNAL MAY 7 & 8, 2007 / LES 7 ET 8 MAI 2007 Mayor /maire Common Clerk /greffier communal � -...ENTERPRISE 5 ` A" SAINT JOHN May 9, 2007 Mayor Norm McFarlane and Members of Common Council c/o Common Clerk's Office City of Saint John City Hall, 15 Market Square P. O. Box 1 971 Saint John, NB E2L 4L1 Your Worship and Council: 40 rue King Street Saint John, NB /N. -8. Canada E2L1G3 T: 506 -658 -2877 1- 800 -561 -2877 F: 506 -658 -2872 info ®ente rprisesj. com ww w. e n to r p ri se 5j. co m On behalf of the True Growth Post- Secondary Education Task Force I would like to request consideration be given to appear before council to provide you with an overview of our recently completed post - secondary education strategy, Enriching Our Future. For further information, please contact me at 635 -7022 or Belinda Allen at 632 -6119. Sincerely, 0"nj;V,L� Andrew Oland Chair True Growth Post - Secondary Education Task Force Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint Jc Community Economic Development Agency • Agence de d6veloppemenf economique communautuire S a 4ro,q ( I O')W 7 K ar + count; 1, 41-4110 ) M rNafn& '\t> U&JAC-n 1-to4e-I� -T- ,CAJXn slums 'n9 cinc� nnocc." at one .kuy-\6(-u 6 \6 to '-znt &ccmo,,l^ Aa � t, The- c, f\eu mc\c\c,C`:s live- pcccooy\e-r-t), -x ue CA e-t cck p a -m ca, -If eect cyy-m CA GGIAkec (\ C., cc-rory\L.LnItL, , cll�bo k c� f ccA V\ �cx.,1 fur C (�;,� � rr Saint John 113 Eall ST4 May 10, 2007 Mayor and Council City of Saint John 15 Market Square PO Box 1971 Saint John NB E21- 41-1 Subject: Racino Policy Dear Mayor McFarlane and Councilors, It was with concern that I read the article in the Thursday, May 3, 2007 edition of the Telegraph Journal: "Council backing puts city in racino lead: Tait ". I think it would be prudent of Council to consider all sides before throwing their support behind Casinos and /or Racinos, and I would like to offer the perspective of a small neighborhood pub. My brother and I have owned and operated Fish and Brews Pub since the Westwind Place Mall was built in 1986 and we currently employ 10 full and part time employees. As a long time member of the Saint John Westside Community we are often asked, and in fact feel obligated to give back to the community. At present we directly sponsor no fewer than ten (10) local hockey, baseball, bail hockey and lacrosse teams. Over the past 20 years we have sponsored well over 100 sports teams and this is a standard practice of neighborhood pubs and lounges throughout Saint John. We also make our Pub available to local charities for auctions, the most recent being The Glenn Carpenter Centre Auction on March 23, 2007 which raised more than $10,000.00 for summer camp for under privileged children in the Saint John area. We make many other donations in kind and in cash to local charities. All over the city one hears of fund raisers held in neighborhood pubs for families that have lost their homes to fire, for the families of children that have to go to the IWK for extended periods of time and for individuals that have lost their job due to illness or injury. These functions take place every week throughout the city. Sales in pubs and lounges have been declining in recent years as a direct result of several government actions including the Smoke -Free Workplaces Act and constant price increases by the NBLC including those in both March and April of this year. Whenever we increase our prices to compensate for an increase in costs we lose sales. Some people drink less and some people stay home but the net result is less volume. It is basic economics. As a result of the loss in revenue, pubs and lounges such as ours have had to modify or go broke. We have had to find new sources of revenue or new reasons for people to come to our establishments. VLTs, Texas Hold'em tournaments and cribbage tournaments are helpful in bringing customers to neighborhood bars. If the province decides to go with centralized gaming and remove VLTs and tournaments from pubs and lounges then many establishments would be forced to close thus throwing hundreds of people out of work and putting an end to a great fund raising source for charities. You may not be a fan of VLTs but let me assure you that government regulated gambling as we have it now is much better for everyone than the way it used to be. All over Saint John there are neighborhood pubs and lounges that provide a service to a significant portion of our population. Neighborhood pubs and lounges provide a comfort or safe zone to many and are gathering places where people discuss their favorite topics and vent their pet peeves. Hundreds of good Saint John citizens work in pubs and lounges, raise their families here, and spend their paychecks with local businesses. Most of the local pubs and lounges are owned by local business people or are attached to hotels. In both cases property taxes are paid not only by the businesses, but by the owners and managers, who like my brother and I, live, work, raise our families and vote in the city of Saint John. Collectively neighborhood pubs and lounges in Saint John have given millions of dollars to local charities, sports teams and families in immediate distress over the years. Don't forgo all of the benefits we contribute to our community for the lure of an outside controlled, glitzy Racino. Horseracing is a dying industry in this part of the world and does not deserve to be propped up by a gaming facility and this has already been proven by the dismal performance of the Racino in Prince Edward Island. I believe it is also fair to say that the level of charitable giving and community involvement by a Racino could not come close to that of neighborhood pubs and lounges. I hope that I have shown that neighborhood pubs and lounges are an important part of any community and that we provide an important service to our communities and our customers. Thank you for your time and please consider the neighborhood pub when the topic of Racinos and Casinos comes up next. Sincerely, `David M. Foster President Fish and Brews Pub �i �r�- i✓ SL S 5 %c n/ 6Z - CX P-co 7. �C7 tit, �'�� ra .�v�' /� K!7 v�.[�Yr� .;zi /l�'� "vC.L t., c'7- -- / ` �j � � -. �'C`� ��;,- +...cYC.� {'mac -,-� L✓ ` Y AA,. v'�i - -��J "'�✓� /cif. - •C��i�"�C�/T V J •�� /t V O��V � 'v. l/ � � I' `� V W . I v � �Y L Fl`< l� - /'✓V" � �LCS I �' ��ti �' �!� %x�t/LG'�= tL�it?7✓ G� ✓ "-,�- �- -�Y v �t'2. L r�%v�/�`?itdC4 '.3- M & C — 2007 -156 May 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease Stall C1 City Market BACKGROUND: In April of 2005, Common Council resolved the following: 1. That The City of Saint John accept Joyce Zhang and Minghu Yu's surrender of Lease for Stall C1 at the City Market effective April 30, 2005; 2. That The City of Saint John enter into a Lease of Space, Stall C1 at the City Market with Linjun Han as per the terms and conditions as outlined in the submitted Lease; and 3. That the Mayor and Common Clerk be authorized to execute the Lease as attached. Mr. Linjun Han has contacted the City of Saint John regarding his interest in selling is business in the City Market and retuning home to take care of a family matter. In order to sell his business Mr. Han must secure Council's consent to an Assignment of Lease to a prospective purchaser, Mr. Dong Ho Kim. Mr. Kim currently owns and operates Raymond's Deli and hopes to operate a Korean Restaurant in Stall C 1 (former Barton's space). Mr. Kim has been selling Korean foods at the Market on Saturday's and has quickly secured a loyal clientele as the product is excellent. Mr. Kim has suggested he intends to renovate the Stall (C1) but the plans are not complete at the time of this report; and must be modified and detailed to ensure a heritage look and feel. The tenant must have City approval prior to altering the space as per the Lease. Mr. Kim also requires a use clause adjustment to the lease Report to Common Council May 18, 2007 Page 2 to accommodate the shift in focus from Oriental foods to Korean as well as a change in operating name to Kim's Korean Food. The Market Clerk has met with the prospective assignee and feels the assignment and change in use would serve the Market well. The proposed renovations will improve the presentation of the Stall and will incorporate heritage elements with the collaboration of Mr. Jim Bezanson, Heritage Planner for the City. RECOMMENDATION: 1. That Common Council consents to the Assignment of Lease from Linjun Han to 628926 NB Inc. as attached, effective May 31, 2007, and further 2. that Common Council consents to an amendment to the Lease dated March 1, 2005 between The City of Saint John and Linjun Han for Stall C1 at the City Market by deleting from the Use of Leased Premises Clause(7.0I a), " hot and cold sandwiches, platters, fried chicken, fish, burgers, hot dogs, French fries, apple and onion rings, soups, stews, chowder, chilli, clams, scallops, hot and cold beverages, Chinese and Italian food specials, assorted salads, lobster and shrimp rolls, ice - cream, cookies, cakes, pies, candy, bars and potato chips, sushi and Japanese foods." and inserting in it's place "Korean style food including Korean sandwiches, Korean salads, Korean entrees and soft drinks including Korean Tea.", and further by deleting from the Use of Leased Premises Clause `Barton's Take Out" and replace with "Kim's Korean Food ", and further 3. that the Mayor and Common Clerk be authorized to sign any necessary document required to effect the transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Enclosure THIS ASSIGNMENT OF LEASE, made this day of May A.D., 2007. BETWEEN: LINJUN HAN, of 460 Ellerdale Street, Apartment #3, Saint John, New Brunswick, E2J 3Z1, hereinafter called the "Assignor ", of the First Part - and - 628926 NB INC., a duly incorporated Company under the laws of the Province of New Brunswick, with Head Office in the City of Saint John, in the County of Saint John and Province aforesaid, hereinafter called the "Assignee ", of the Second Part WHEREAS by a lease dated the 11th day of April, 2005, THE CITY OF SAINT JOHN, the Lessor named therein, leased to the Assignor the premises known as Han's Oriental Take -Out, being a portion of the City Market, 47 Charlotte Street, Saint John, NB, more particularly described in the said Lease, for a term of Years from May 31, 2007 to , and subject to the terms and conditions set forth therein; AND WHEREAS the Assignee has requested the Assignor to sell the residue of the said term years and to assign to it the herein above recited Lease; NOW THEREFORE in consideration of $1.00 and other good and valuable consideration given and paid by the Assignee to the Assignor the receipt whereof is hereby acknowledged the Assignor as beneficial owner hereby assigns to the Assignee the Assignor's interest in the premises as Han's Oriental Take- out, being a portion of the City Market, 47 Charlotte Street, Saint John, NB, more particularly described. in the said Lease, together with the unexpired residue of the said term of years and the lease and all benefits to be derived therefrom subject to the payment of the rent and the observance and performance of the covenants, provisos, and conditions on the part of the tenant contained therein. The Assignor covenants with the Assignee that the lease is a valid and subsisting lease, that the rent reserved thereby has been duly paid to May 31, 2007, that the covenants, provisos and conditions thereof on the part of the lessee have been duly observed and performed up to the date hereof, that the Assignor is entitled to assign the lease, that subject to the payment of the rent and the observance and performance of the covenant, provisos and conditions of the lease the Assignee may enjoy the premises for the residue of the said terms of years and any renewal thereof, without interruption by the Assignor or any person claiming through Assignor, and that the Assignor shall execute such further assurances at the cost of the Assignee, as may be reasonably required. The Assignee covenants with the Assignor that the Assignee will. throughout the residue of the said term of years and any renewal thereof, pay the rent reserved at the times and in the manner provided in the lease and observe and perform the covenants, provisos and conditions on the part of the tenant therein set forth and will indemnify and save harmless the Assignor from all actions, suits, costs, losses, damages and expenses in respect of such covenants, conditions and agreements that arise after the closing. IN WITNESS WHEREOF the Assignor has hereunto executed these presents the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of Linjun Han President 628926 NB Inc. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, DONG HO KIM, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY THAT: 1. THAT I am the President of 628926 NB Inc., and as such have personal knowledge of the matters and fact hereinafter deposed to. 2. THAT I am a signing officer to make and execute documents on behalf of the Company. 3. THAT the signature "DONG HO KIM" subscribed to the aforegoing Indenture is the true and proper signature of me, your deponent. 4. That the seal affixed to the aforegoing Indenture purporting to be the corporate seal of 628926 NB Inc., is the corporate Seal of the said Company and was affixed to the aforegoing Indenture by me and by Order of the Board of Directors of the said Company. SWORN TO at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of May, 2007 BEFORE ME: Richard A. Northrup ) Dong Ho Kim A COMMISSIONER OF OATHS ) BEING A SOLICITOR ) PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, RICHARD A. NORTHRUP, a Notary Public by Royal Authority duly appointed, commissioned and sworn in and for the Province of New Brunswick, residing and practicing in the City of Saint John, in the County of Saint John and Province aforesaid, DO HEREBY CERTIFY that on the day of May, 2007, before me the said Notary Public at the City of Saint John aforesaid, personally came and appeared LINJUN HAN, the person named in the aforegoing Indenture, who acknowledged that he did duly sign, seal, execute and deliver the same as and for his free act and deed and to and for the uses and purposes therein mentioned and contained. IN FAITH AND TESTIMONY WHEREOF I, the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John, the day and year first above written. NOTARY PUBLIC — NEW BRUNSWICK M &C -2007- 159 May 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Pipeline BACKGROUND: In May of 2006, Emera Brunswick Pipeline Company Ltd. ( Emera) applied to the National Energy Board for approvals relating to the Brunswick Pipeline Project. The Brunswick Pipeline is proposed to extend from Canaport Liquefied Natural Gas (LNG) Terminal in Saint John to an interconnect with the Maritimes & Northeast Pipeline LCC System at the Canada/US border. The Brunswick Pipeline will provide access to regasified LNG from Canaport terminals for markets in the Maritimes and Northeastern United States. The Project's "preferred pipeline corridor" runs through various City owned properties. Emera has submitted for review, approval and execution the following documentation: 1. Options for Easement and Easement Agreements (attached) 2. `Temporary Working Room' Contracts (attached) The Options seek the grant of an irrevocable right to purchase an unencumbered easement and rights in perpetuity to construct, maintain, replace and operate a natural gas pipeline on, over, in, under and or through a strip of land no more than thirty (30) metres in perpendicular width across various lands of the City, together with the right to construct, maintain and operate any above ground valves, meters and other appliances and fittings, devices for controlling corrosion, related communications systems, all for use in connection with the pipeline, for the transmission and distribution of natural gas. The lands to be optioned are designated by the following PIDs: 55024921, 00040238, 00040246, 00040261, 00415208, 00305433, 55017719, 00035931, 00032599, 00464883, 00407866, 00408815, 00286559, 00429670 and 00274456. Report to Common Council Page 2 May 18, 2007 The `Temporary Working Room' contracts would permit Emera to enter upon various lands to perform work during the course of construction of the pipeline. The lands affected by these `Temporary Working Room' contracts are designated by the following PIDs: 55024921, 0040170, 00046649, 00040238, 00040246, 00040253, 00046656, 00046664, 00415646, 00040279, 00040261, 00415208, 00032599, 00464883, 00407866, 00286559 and 00274456. Staff has negotiated with Emera representatives and reviewed the desired easements and are satisfied with the consideration as well as the format of document to convey the necessary interests. The purpose of this report is to seek Council's support to grant to Emera the rights they seek to facilitate the construction of the natural gas pipeline. Agreements with respect to Rockwood Park and the crossings of public streets will be dealt with in separate reports and recommendations. 1. That The City of Saint John enter into the "Option for Easement" agreement and, subsequently, the Easement Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions attached to this report (M &C # 2007- 159) for properties having PID numbers: 55162093, 55024921, 00040238, 00040246, 00040261, 00415208, 00305433, 55017719, 00035931, 00032599, 00464883, 00407866, 00408815, 00286559, 00429670 and 00274456; 2. That The City of Saint John enter into a "Temporary Working Room" Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions attached to this report (M &C # 2007- 159) for properties having PID numbers: 55024921, 0040170, 00046649, 00040238, 00040246, 00040253, 00046656, 00046664, 00415646, 00040279, 00040261, 00415208, 00032599, 00464883, 00407866, 00286559 and 00274456." and 3. That the Mayor and Common Clerk be authorized to execute the options for easement and the Temporary Working Room contracts. Respectfully submitted, Jim R. Baird, MCIP Terry Totten, FCA Commissioner City Manager Planning and Development Attachments File No. SJ -077 N13 P I D 00274456 OPTION FOR EASEMENT THIS AGREEMENT made the day of , 2007 BETWEEN: (the "Grantor ") OF THE FIRST PART =►w EMERA BRUNSWICK PIPELINE COMPANY LTD. (the "Grantee ") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. (1 ) IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: GRANT OF RIGHTS AND PURCHASE PRICE 1. In consideration of the sum of Two Hundred and Fifty Dollars ($250.00) (the "Option Fee ") of lawful money of Canada now paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor hereby grants to the Grantee an irrevocable option to purchase an unencumbered easement and rights in. perpetuity for itself, its successors and assigns, to construct, maintain, replace and operate a natural gas Pipeline on, over, in, under and /or through a strip of land no more than thirty (30) metres in perpendicular width outlined in the sketch attached hereto as Schedule "B" (the Easement Lands ") across the Lands of the Grantor, together with the right to construct, maintain and operate any aboveground valves, meters and other appliances and fittings, devices for controlling corrosion, related communications systems, all for use in connection with the pipeline, for the transrrisson' of natural, gas':, in accordance with the specimen easement agreement (the "Easement Agreement ") attached hereto as Schedule "C ". 2. (a) The consideration to be paid for the easement shall be approximately Four Hundred /100 ($400.00) of lawful money of Canada, subject to adjustment, at the rate of Five Hundred Fift /100 ($550.00) per acre or One Thousand Three Hundred Fifty Six /100 ($1,356.00) per hectare of the Easement Lands, that area of which shall be calculated based on a plan of survey prepared by a qualified land surveyor at the Grantee's expense (the "Plan of Survey "). The final adjustment will be made on the Closing Date (as herein defined) in accordance with the area set out in. the Plan of Survey and the adjusted purchase price for the easement (the "Purchase Price ") shall be set out in the Easement Agreement. (2) (b) At the time of entering into this Option for Easement, the Grantor shall have . the option to choose whether compensation for the easement will be by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time. Paragraph 2(c) sets out the consideration under the lump sum payment, and Paragraph 2(d) sets out the consideration under the annual or periodic payments. At the time of execution of this Agreement, the Grantor should place their initials by either Paragraph 2(c) or 2(d) to indicate their choice. LUMP SUM PAYMENT OPTION (Initial if this option chosen)- (c) In the event the Grantor shall have chosen that the Purchase Price be paid by a lump sum payment, the Purchase Price shall be paid by cash, certified cheque or bank draft of the lawful money of Canada as follows: (i) Forty /100 ($40,00) now paid to the Grantor as the initial Deposit which is a non - refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; - (ii) a further deposit of Two Hundred /100 ($200.00) paid to the Grantor on account of the Purchase Price by the Grantee upon delivery of the notice referred to in Paragraph 6 of this Agreement (Notice of Exercise of Option); and (iii) the balance of the Purchase Price shall be paid by the Grantee to the Grantor upon the Grantee's receipt of a registrable, -valid and fully executed Easement Agreement free and clear of all encumbrances. t3} PERIODIC PAYMENT OPTION (Initial if this option chosen (d) In the event the Grantor shall have chosen that the Purchase Price be paid by annual or periodic payments, the Purchase Price shall be paid by cash, certified cheque or bank draft of lawful money of Canada as follows: (i) Fifty Five /100 Dollars ($55.00) now paid to the Grantor as the First Payment which is a non- refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; (ii) the balance of the Purchase Price shall be paid by the Grantee to the Grantor by annual payments of Fifty Five /100 Dollars ($55.00) per year for a period of nine (9) years, the remaining payments commencing thirty (30) days from the date of the recording at the Registrar of Deeds of a registrable, valid and fully executed Easement Agreement free and clear of all encumbrances, and continuing yearly on the anniversary of such date. (iii) the amount of compensation payable under this Paragraph [2(d)] shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. {4} MUTUAL AGREEMENT BETWEEN THE PARTIES 3. The Grantor authorizes the Grantee to have a qualified New Brunswick Land Surveyor prepare and register a Plan of Survey of the Easement Lands at the Grantee's expense. The Grantor and Grantee agree the legal description as prepared by the land surveyor shall be deemed conclusively to constitute the full, true and accurate description of the Easement Lands and such legal description shall be used in the Easement. Agreement. 4. The Grantor agrees that the Grantee's surveyors, engineers, consultants and servants may enter on the Lands of the Grantor forthwith and at any time while this Agreement remains in effect for the purpose of performing soil tests, surveys, environmental and archaeological investigations. The Grantor further agrees that immediately following the giving by the Grantee of the notice referred to in Paragraph 6 hereof (Notice of Exercise of Option), that the Grantee shall have the immediate right in accordance with the terms of the Easement Agreement to enter and bring its equipment and equipment of its servants, agents and contractors upon the Easement Lands to construct and operate its Pipeline. It is understood and agreed that the Grantee shall pay compensation' unto the Grantor for all damages suffered as a result of the operations of the Grantee and it being agreed that the amount of any compensation for damages payable herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. 5. The option contained in this Agreement. shall be exercisable by the Grantee on or before 11:59 p.m. Atlantic Standard Time on the 31St day of December, 2008 (the "Expiry Date "), subject to the Grantee obtaining all applicable regulatory approvals, or such later date as shall be agreed to in writing between the Grantor and Grantee (the "Extended Expiry Date "). 6. (a) This option may be exercised by the Grantee by letter known as the "Notice of Exercise of Option ", addressed to the Grantor or Grantors at the address as indicated on the front page of this document or such other address as the Grantor may. designate in writing to the Grantee. The Notice of Exercise of Option may be delivered to the Grantor by hand or forwarded by registered mail or delivered by courier at any time before, but not after the Expiry Date, or Extended Expiry Date, if applicable; (5) (b) The option will be deemed exercised on the date (the "Exercise Date ") such notice is personally served on the Grantor (as proven by an executed Affidavit of Service), on the date delivered by a courier company to the Grantor or a person found at the Grantor's address who identifies themselves as a resident of that address or on a date 5 days from the date the notice was mailed by registered mail to the Grantor's address. (c) The Closing date shall be as specified in the letter forwarded by the Grantee as specified in Paragraph 6(a) (the "Closing Date")- 7. The Grantor shall on or before the Closing Date execute and deliver to the Grantee a good and valid Easement Agreement (with price and description amended as required) in the .form attached hereto as Schedule "C" for registration at the Office .of the Registrar of Deeds for the county where the Lands of the Grantor are situate in order to enable the Grantee to become the registered owner of such easement free and clear of all encumbrances and the Grantor covenants with the Grantee that the Grantor will execute such further and other assurances and documents of title in respect of the easement as may be reasonably required by the Grantee. (6} REPRESENTATIONS AND WARRANTIES S. The Grantor covenants, represents and warrants that: (a) To the best of the Grantor's knowledge the Grantor has good and marketable title to the Easement Lands and that title to the Easement Lands will, on the Closing Date, be good and .free from all encumbrances. For the purpose of this agreement, the presence of municipal services, or an easement for municipal services do not constitute an encumbrance on the Lands of the Grantor, provided they exist prior to the execution of this agreement. If prior to the Closing Date, any valid objection to title or to the fact the proposed use of the Easement Lands by the Grantee may not lawfully be undertaken is made in writing to the Grantor and which the Grantor is unable to remove, remedy or satisfy and which the Grantee will not waive, the Grantee, in its sole discretion, shall have the option whether to (i) declare this Agreement null and void in which event the deposit paid herein pursuant to Paragraph 2(c)(ii) shall be returned to the Grantee by the Grantor without interest and without liability by the Grantee for any expenses incurred or damages sustained by the Grantor; or (ii) to hold back all monies to be paid pursuant to Paragraph 2(c) or (d) until the Grantee is able to remedy the objections and the Grantor is able to give the easement over the Easement Lands free and clear of all encumbrances; (b) The Grantor has the right to convey the Easement Lands to the Grantee and that the Grantee shall have quiet possession of the Easement Lands free from all encumbrances from and after the Closing Date. ( T) 9. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of .the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. GENERAL PROVISIONS 14. If the Grantor is not at the date hereof the sole owner of the Lands of the Grantor this option shall nevertheless bind the Grantor to the full extent of the Grantor's interest therein and if the Grantor shall later acquire a greater or the entire interest in the Lands of the Grantor, this option shall likewise bind all such after - acquired property. The Grantor shall be paid a proportion of the purchase price amount based on the proportional interest the Grantor has in the land. 11. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Energy Board Aci, R.S.C., 1985, c.N- 7, prior to the signing of this Agreement. Grantor's Initial 12. This Agreement, including all covenants and conditions contained, shall extend to, be binding upon and enure to the benefit of the heirs, executors, administrators, successors and assigns of the Grantor and the Grantee respectively; and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, has been used, where the context or the party or parties so require and the rest of the sentence shall be construed as if the grammatical and the terminological changes rendered necessary had been made. (8) 13. The Grantor shall';use best effor-ts; to notify the Grantee in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands of the Grantor and shall provide the name and address of the new owner(s). Until such notification, the Grantee shall continue to make all payments hereunder to the Grantor. 14. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the. Agreement shall be construed as if the invalid provision had been omitted. 15. 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 whatsoever for the better performance of the terms and conditions of this Agreement. 16. Grantor agrees to the registration of this option :at the' sole expense °of the Grantee` 17. Grantee agrees to remit H.S.T. as required. 18. Grantee acknowledges that if the Grantor is a HST registrant then the Grantee will include HST with the purchase price and the Grantor will give his /her HST number to the Grantee. fig) IN WITNESS WHEREOF the parties hereto have signed this Agreement under seal on the date shown above at Saint John in the County of Saint John, Province of New Brunswick. WITNESSED: WITNESSED: PER: PER: THE CITY OF SAINT JOHN NORMAN MCFARLANE, MAYOR PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: GRANTEE PER: GRANTEE f�o� File No. SJ- NB PID 00 EASEMENT AGREEMENT (NEW BRUNSWICK) THIS GRANT OF EASEMENT made the day of , 2007:. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick. ( "the Grantor ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "the Grantee") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation `and transmrss�on, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: PURCHASE PRICE 1. The Grantee shall pay to the Grantor the sum of Three Thousand Seven Hundred /100 Dollars ($3,700.00) of lawful money of Canada (the "Purchase Price "). The Grantor shall have been given the option to choose whether compensation for the easement will be one lump sum payment (Lump Sum Option) or by annual or periodic payments of equal or different amounts over a period of time (Periodic Payment Option). The Grantor has chosen the Lump Sum Option / Periodic Payment Option (cross out the option which does not apply). LUMP SUM OPTION: (a) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee to the Grantor by one lump sum payment upon the Grantee's receipt of this executed Easement .Agreement, free and clear of all encumbrances. For the purpose of this agreement,. the presence of municipal services, or an easement for municipal services do not constitute an encumbrance on the Lands of the Grantor, provided they exist prior to the execution of this agreement. PERIODIC PAYMENT OPTION: (b) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee by annual payments of Four Hundred Seventy- one /75 Dollars ($471.75) per year for a period of ten (10) years, the first payment commencing on the thirtieth (30`") day following the recording at the Registrar of Deeds of this executed Easement Agreement, free and clear of all encumbrances, and continuing yearly on the anniversary of such date. The amount of compensation payable hereunder shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. (2) GRANT OF RIGHTS TO THE GRANTEE 2. The Grantor does HEREBY GRANT, TRANSFER AND CONVEY to the Grantee, for itself, its successors, assigns, employees, agents, servants and licensees, an easement and rights in perpetuity: (a) to use that portion of the Lands of the Grantor described in Schedule "B" attached hereto (the "Easement Lands ") as may be necessary for an easement on, over, under and through the Easement Lands for the purpose of entering, excavation, laying down, construction, installing, operating, maintaining, inspecting, patrolling (including aerial patrol), altering, removing, replacing, reconstructing and repairing an underground natural gas pipeline with any aboveground valves, meters and other appliances and fittings, and devices for controlling corrosion, all for use in connection with such pipeline, for the transmisstor of natural gas, and to have the right of ingress and egress at any and all times over, along, across and upon the Easement Lands; (b) in cases of emergency, to have the right of access to and from the Easement Lands at any and all times over, along, across and upon the Lands of the Grantor. If the Lands of the Grantor were disturbed or altered in any way by the Grantee in the process of accessing the Easement Lands, the Grantee shall reinstate the subject portion of the Lands of the Grantor at the Grantee's expense to the same condtt�or% sa far asFtnay �...,. (c) to clear the Easement Lands and keep it cleared of any trees, growth, buildings, structures or obstructions which in the opinion of the Grantee in its sole and absolute discretion, acting reasonably, may interfere with any rights granted to the Grantee as specified herein; (d) Subject to prior notification where Lands of the Grantor _r%r 715' to and 'from the eas`�rnerit 'lands to obtain access to the Easement Lands by foot, vehicle, equipment, aerial patrol as may be reasonably necessary, in the opinion of the Grantee, acting reasonably for the purpose of construction, operation, maintenance, repair and replacement of the pipeline; (3) (e) opera te its: �nfrastrucfure, to install, maintain and use gates in all fences which now or hereinafter shall cross the Easement Lands at file Grantee's sale expense; (f) to install and maintain legal survey posts to mark the boundaries of the Easement Lands and warning signs to indicate the location of the Pipeline; and (g) generally to do all acts reasonably necessary or incidental to the business of the Grantee in connection with the Pipeline. TERMINATION 3. (a) In the event the Grantee shall not have commenced operations upon the Lands of the Grantor for the laying of the Pipeline within five (5) years from the date hereof, this easement and rights, hereby granted .shall terminate, the Grantee shall cease making payments as set out in Paragraph 1(b) (Periodic Payment Option), and the Grantee agrees to execute and file such documents as may be necessary to effect a termination of its rights and interests in the Lands of the Grantor under this Agreement. (b) Furthermore, the Grantee may at any time for any reason whatsoever, at its election on notice in writing to the Grantor, terminate this Agreement and the same thereafter shall be of no further effect; ALWAYS PROVIDED, HOWEVER, that upon any such termination, the Grantee, if this Agreement shall then have been registered, shall at its own expense procure a discharge of the same. (c) If the Grantee shall have abandoned the Pipeline the Grantee may, if it so elects, leave the Pipeline or. any part of it in place, however if it elects to remove the Pipeline, it will restore the surface of the Easement Lands to the same condition so far as may be practicable, as it was prior to the entry and use of the Grantee. (4) DUTIES OF THE GRANTOR 4. The Grantor covenants and agrees with the Grantee: (a) not to knowingly do or permit to be done anything which may, in the opinion of the Grantee, interfere with or damage the Pipeline or impair the operation of the Pipeline; (b) not to store or use any inflammable substance or to burn or permit the burning of anything on the Easement Lands haut (c) not to make, place, erect, operate, use or maintain any buildings, structure, foundation, pavement, excavation, well, swimming pool, pile of material, obstruction, detention or retention pond, equipment, or to plant any growth upon, the Easement Lands, which in the reasonable opinion of the Grantee, may: (1) interfere with or endanger the Pipeline or the installation, operation, maintenance, removal, repair or replacement of the Pipeline; or (1i) obstruct access by the Grantee's employees, agents, contractors and subcontractors to the Pipeline; or (iii) create any hazard by its operation, use and maintenance or existence on the easement; (d) subject to Paragraph 4(c), not to cultivate the ground inside the Easement Lands where it would disturb more than three tenths of a metre of ground below the initial grade or reduces the total cover over the pipe; (e) not to construct or permit to be constructed, across, on, along or under the Easement Lands any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telegraph, telephone line or line for the transmission of hydro- carbons, power or any other substance that is to be carried across, along, or upon the Easement Lands or excavate using power - operated equipment or explosives on the easement or within thirty (30) metres of the Easement Lands without the prior written consent of the Grantee, which consent shall not be unreasonably withheld; (5) (f) not to operate or permit to be operated a vehicle or mobile equipment across, on or along the Easement Lands without the leave of the Grantee unless the vehicle or mobile equipment is operated within the traveled portion of a highway or public road, which consent is not to be unreasonably withheld; (g) not to do or knowingly permit to be done any work or prospecting for mines or minerals on the Easement Lands or within forty (40) metres therefrom without the leave of the National Energy Board and without the prior written consent of the Grantee; (6). DUTIES OF THE GRANTEE 5. The Grantee covenants and agrees with the Grantor: (a) to pay compensation to the Grantor for all damages suffered as a result of the operations of.the Grantee; (b) to indemnify the Grantor from all liabilities, damages, claims, suits and actions arising out of.the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of the Grantor; (c) that it shall, as soon as weather and soil conditions permit and where practicable to do so, bury and maintain all pipe and other installations so as not interfere unreasonably with the drainage or ordinary cultivation of the Lands of the Grantor. 6. The amount of any compensation for damages payable under Paragraph 5 herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by arbitration proceedings pursuant of the National Energy Board Act R.S.C., 1985 c. N -7. GENERAL PROVISIONS 7. The Grantor agrees to notify tenant(s) and /or licensee(s) of the Easement Area of this Agreement and will take all reasonable steps to ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein and the Grantor agrees to pay any monies due to the tenants and /or. Licensees under this Agreement. 8. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and ' actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but .failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National EneLqy Board Act, R.S.C., 1985, c.N -7. (7) 9. Subject to Paragraph 3, and notwithstanding any rule of law or equity, the Pipeline brought onto, and /or constructed upon or buried in or under the Easement Lands by the Grantee shall remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee, its successors and assigns. 10. In performing and observing the covenants and conditions on its part to be performed and observed, the Grantee shall and may peaceably hold and enjoy the rights, liberties, privilege and easements granted without hindrance, molestation or interruption by the Grantor or any person claiming by, through, under or in trust for the Grantor. 11. This Agreement shall not affect or prejudice the Grantee's statutory rights, present or future, to acquire the Easement Lands or any other portion of the Lands of the Grantor as may be provided by law, which rights the Grantee may exercise in its discretion. 12. In the event that the Grantor requests a change in the location of the said pipeline for the purpose of repairing, relying, installing or maintaining municipal services currently located (or planned to be located) in the Easement Lands, the Grantor shall give written notice to the Grantee specifying the location of the proposed change and such change shall be made by the Grantee within a reasonable time at the expense of the Grantor, subject to relocation provisions applicable under s45 and s46 of the National Energy Board Act. 13. Nothing in this Agreement shall be deemed to vest in the Grantee any title to mines, ores, metals, coal, slate, oil, gas or other minerals in or under the Easement Lands, except only the parts thereof that are necessary to be excavated, carried away or used in the construction of the Pipeline. 14. If at the date hereof the Grantor is not the sole owner of the Easement Lands, this Agreement shall .nevertheless bind the Grantor to the full extent of his or her interest, this Agreement shall likewise extend to such after - acquired interests. 15. This Agreement shall be construed as running with the lands hereof and shall extend to and be binding upon and enure to the benefit of the heirs, executors, administrators, successors -in -title and assigns of the parties. . (8) V , • 16. This easement and rights are appurtenant to and for the benefit of the dominant tenement, being the lands of the Grantee as described in the Indenture recorded at the Registry of Deeds for the County of on , 19 in Book at Page as document number 17. Whenever the singular or masculine is. used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used, where the context or the party or parties so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 18. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the addresses, shown on the first page of this Agreement, or such other address as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered. 19. The Grantor shall u`_se f „best efforts to notify the Grantee in writing of any conveyance, sale or other transfer of any interest in all or part of the Lands of the Grantor and shall provide the name and address of the new owner(s). Until such notification, the Grantee shall continue to make all payments hereunder to the Grantor. 20. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 21. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Board Act R.S.C., 1985 c. N -7, prior to the signing of this Agreement. 22.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 whatsoever for the better performance of the terms and conditions of this Agreement. 23. Grantor agrees to the registration of this Easement Agreement. 24. Grantee agrees to remit H.S.T. as required. 25. Grantor acknowledges that if the Grantor is a HST registrant then the payment made includes HST and the Grantor will give his /her HST number to the Grantee. (9) The parties have signed this Agreement under seal on the date shown above at in the County of , Province of New Brunswick. WITNESS WITNESS WITNESS WITNESS CITY OF SAINT JOHN PER: PER: NORMAN McFARLANE, MAYOR PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD, PER: GRANTEE PER: GRANTEE {10} PID # 00032599 File # 773 TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made the day of , 2006 BETWEEN: CITY OF SAINT JOHN P. O. Box 1971 Saint John, NB E21- 41-1 (the "Owner ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "EBPC ") OF THE SECOND PART WHEREAS: A. The Owner is the registered owner of lands situate in the Province of New Brunswick known as PID# 00032599 in the City of Saint John, in the County of Saint John hereinafter known as the Lands of the Owner. B. EBPC is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that the City of Saint John is the sole and absolute owner of the Lands of the Owner, IN CONSIDERATION of the sum of Ninety 00120 Dollars ($90.80) of lawful money of Canada now paid by EBPC to the Owner, by cash, certified cheque or bank draft, the receipt and sufficiency of which is hereby acknowledged by the Owner, hereby authorizes EBPC, its servants, agents, employees, contractors, and sub - contractors to have the privileges as set out herein. 2. EBPC shall have the privilege at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands of the Owner shown as Temporary Work Room on the property sketch attached hereto as Schedule "A" (the "Working Area "), which is immediately adjacent and abutting the lands shown on the property sketch as the proposed Easement, (the "Easement Lands "), for any purpose incidental to, or that EBPC may require in conjunction with, the construction by or on behalf of EBPC of the proposed natural gas Pipeline and appurtenances on the Easement Lands as shown on the property sketch attached hereto as Schedule "A ". 3. Without limiting the generality of the foregoing, EBPC tshall have the privilege to make temporary openings in any fence along or across the Working Area and to remove any other object therein or thereon interfering with EBPC's free and full enjoyment of the privileges hereby authorized and further including the right of surveying and placing, storing , leveling and removing earth, dirt, fill stone, debris of all kinds, pipe, supplies, equipment, vehicles and machinery and the movement of vehicles, machinery and equipment of all kinds on or over or under the Working Area. 4. The term of this Agreement shall be for a period of twenty -four (24) months from the date of commencement of construction of the Pipeline on the Easement Lands. 5. EBPC agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of EBPC and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of EBPC other than liabilities, damages, claims, suits and actions resulting from gross negligence or wilful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between EBPC and such person(s) but failing such agreement shall be settled by arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c. N -7. 6. As soon as reasonably practical after completion of the construction of the Pipeline, EBPC at its own expense will remove construction debris from the Working Area and restore the Working Area to its former state so far as is reasonably practical, save and except for items in respect of which compensation is due under paragraph 5, and EBPC will also restore any gates and fences interfered with around the Working Area as closely as reasonably practical to the condition in which they existed immediately prior to such interference by EBPC. 7. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: The City of Saint John Address: P. O. Box 1971, Saint John, NB E21- 41-1 Phone: 506- 649 -6000 Fax: 506 -632 -6120 Emera Brunswick Pipeline Company Ltd.: Attention: Address: 40 Wellington Row 2nd Floor Saint John NB E21- 31-13 Phone: 506 -693 -9148 Fax: 506- 693 -8929 8. The Owner agrees to notify any potential purchasers of the Lands of the Owner of the existence of this Agreement and agrees to notify EBPC in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands of the Owner and provide the name(s) and address(es) of the new owner(s). 9. The Owner agrees to notify any tenants(s) and/or iicensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. The parties have signed this agreement under seal on the day of 2006, in Saint John, New Brunswick. CITY OF SAINT JOHN PER: WITNESS PER: WITNESS EMERA BRUNSWICK PIPELINE COMPANY LTD, PER: WITNESS EBPC M &C- 2007 -158 May 17, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Grant of Easement from Saint John Port Authority Germain Street West Storm Sewer Renewal City Engineering staff have had discussions with the Saint John Port Authority (SJPA) with respect to granting an easement to allow the City to renew a storm sewer that had originally been constructed in 1934. The new easement is shown on an attached plan that forms part of an agreement that has been reached between City Engineering staff and the SJPA. The legal agreement must be in place before the City can work on Port authority lands. If Council is prepared to enter into the attached agreement with the SJPA, the following recommendation is appropriate. RECOMMENDATION: That The City of Saint John enter into the Grant of Easement with the Port Authority upon the terms and conditions contained in the documentation attached to this report (M & C 2007 -158) and that the Mayor and Common Clerk be authorized to execute the said easement. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Attachment Terrence Totten, F.C.A. City Manager THIS INDENTURE made the _ day of , 2007 WEEN: 401 SAINT JOHN PORT AUTHORITY a corporation having its registered office at Saint John, New Brunswick, as agent of Her Majesty in right of Canada, (the "Authority'), THE CITY OF SAINT JOHN, a body corporate by Royal Charter, (hereinafter called "the Grantee"), WHEREAS under the Canada Marine Act (the "Act "), the Authority was ......,.Y� rated by Letters Patent dated May 1, 19991 AND WHEREAS the land and premises described in Schedule "A" are federal real property under the management of the Authority pursuant to its Letters Patent and the Act, AND WHEREAS the Authority is authorized to grant easements with respect to the premises as agent of Her Majesty insight of Canada as contemplated hereby, AND WHEREAS the Grantee is authorized and intends to operate and maintain a sewer lines and outfalls in the Province of New Brunswick, AND WHEREAS the Authority has agreed to grant to the Grantee an easement in respect of the premises described in Schedule "A ", NOW THEREFORE THIS INDENTURE WITNESSETH as follows: GRANT 1.(1) Inconsideration of the sum of $325.00 of lawful money of Canada payable by the Grantee to the Authority for each year of the term, and other good and valuable consideration, the Authority hereby grants to the Grantee, its successors and assigns, an easement and right of way for a ten (10) year period beginning January 1, 2007 and ending December 31, 2014. At the end of the ten (10) year term this grant of easement shall automatically be extended for a further ten (10) year term except for this right for renewal. This easement shall terminate on ninety (90) days' written notice given by either party to the other. (a) to enter upon and use those lands of the Authority described in Schedule "A" attached hereto ( "Easement Lands") as may be necessary for an easement under and through the Easement Lands, for the purpose of operating, maintaining, inspecting, removing, replacing, reconstructing and repairing the sewer line and outfall and to have the right of ingress and egress at any and all times over, along, across and upon the Easement Lands, (b) to enter upon and cross the Easement Lands and Iands of the Authority adjacent to the Easement Lands for the purpose of gaining access to and egress from the Easement Lands whether in cases of emergency, or for the purpose of construction, operation, maintenance, repair and replacement of the, sewer line and outfall always however, making good or repairing promptly thereafter, all damage to lands occasioned by such use, (c) to clear the Easement Lands and keep them cleared of any trees or other natural growth, buildings, structures or obstructions which in the reasonable opinion of the Grantee may interfere with the exercise of any rights granted to the Grantee herein, (d) generally, to do on the Easement Lands all acts necessary or incidental to the business of the Grantee in connection with the foregoing; and subject. to existing easements and rights of way and reserving to the Authority the right to grant easements or rights of way to other parties provided that such easements and rights of way do not materially affect the use of the easement herein by the Grantee. TERMINATION 2.(1) In the event the Grantee elects to abandon the operation of the sewer line and outfall in whole or in part shall, without any further act or deed, effectively terminate the easement and rights hereby conferred, and (a) the Grantee shall thereafter have both the right and the obligation hereunder, to forthwith undertake and complete all those demolition, removal remediation and rehabilitation undertakings or conditions disclosed or communicated to the Authority in support of, or as part of, its request for leave, or imposed by the Authority as a condition of its approval, restoring however, the surface of the Easement Lands concerned so far as is practicable, to the same condition as it was prior to the entry and use of the Grantee, and 2 (b) that if this easement is registered in any county, the Grantee shall at its own expense, procure and register a discharge of the same forthwith upon such termination. GRANTEE'S COVENANTS I Grantee covenants and agrees with the Authority: (a) to promptly pay compensation to the Authority for all damages suffered by the Authority as a result of the operations of the Grantee, other than damages resulting from the gross negligence or willful misconduct of the Authority, including but not limited to damages to the lands adjacent to the Easement Lands, but not including damages suffered by the tenants or licensees of the Authority, which matters shall be addressed directly between the Grantee and such persons; (b) to indemnify and save harmless the Authority from and against all liabilities, damages, claims, demands, actions or proceedings whatsoever resulting in any way from the operations on the Easement Lands including damage to property outside the Easement Lands, of the Grantee or of the employees, agents, contractors or subcontractors of the Grantee other than liabilities, damages, claims suits and actions resulting from the gross negligence or willful misconduct of the Authority, its officers and employees, 4. The amount of any compensation for damages payable to the Authority under this Easement shall be as mutually agreed between the Authority and the Grantee, but failing such agreement shall be determined pursuant to the paragraphs 16.(1) to 16.(9) inclusive of this Easement. 5.(1) The Grantee shall pay all taxes, charges, rates and assessments of any description whatsoever which are assessed or levied against the Grantee's interest in the land and /or against the sewer line / outfall easement area and all other improvements which are placed or constructed over, across, under, or along the land pursuant to this indenture, and indemnify and same harmless the Authority from all rates, taxes, liens, assessments and levies of any description whatsoever that may be imposed, charged, claimed or levied by any authority, body, workman, contractor or supplier by reason of the construction or presence of the said sewer line / outfall and appurtenances thereto on the land or of the privileges granted hereunder; 3 5.(2) The Grantee will comply with all applicable federal and provincial statutes, rules, orders and regulations including by -laws of the municipality in which the Easement Lands are located. 6. In performing.and observing the covenants and conditions on its part to be kept, performed and observed, the Grantee shall and may peaceably hold the easement and rights hereby granted without hindrance by the Authority, its officers and employees. 7. No covenant, condition, warranty or other requirement contained in this easement and right -of -way can be waived except by the written consent of the Authority, and forbearance or indulgence by the Authority in any regard whatsoever shall not constitute a waiver of the covenant, condition, warranty or other requirement to be performed by the Grantee to which the same may apply and until complete performance by the Grantee of said covenant, condition, warranty or other requirement, the Authority shall be entitled to invoke any remedy available to the Authority under this easement, or by law orotherwise, despite said forbearance or indulgence. 8. The Grantee shall not have any claim against the Authority for loss or damage to property of the Grantee, its employees, workmen or agents, save to the extent that the Authority is negligent; and in no event shall the Authority's employees, workmen, agents and contractors or any of its affiliated companies or persons be liable for any special, incidental or consequential loss or damage. 9.(1) The Grantee will advise the Authority in writing prior to doing work of any nature upon the land excepting work carried out in the ordinary course. of business and emergency s ituations, as required by the relevant statutes, codes and regulations; and only alter approval in writing of such work will the Grantee proceed and then only on the terms and conditions approved by the Authority acting reasonably. 9.(2) The Grantee shall as soon as is reasonably possible advise the Authority of entry on the land made necessary by any emergency situation. 10. The Authority makes no warranty as to its title to the land or to its right to grant the rights herein conveyed and all warranties which are or might be implied bylaw are ! specifically excluded. Further, this easement conveys no riparian rights owned by the I i Authority. E 1 1. The Grantee may not sell, assign or grant any interest in or right to this ! casement without the consent in writing of the Authority. 4 12.(1) The Grantee acknowledges and agrees that the Authority, either itself or through its officers or agents, has not made, and that the Grantee has not relied upon, any representations from the Authority, its officers or agents as to: (a) the suitability of the Easement Lands for use by the Grantee; (b) the existence, absence or nature or extent of any pollution on or of the Easement Lands; or (c) the need to take any remedial action in relation to any pollution on or of the Easement Lands., 12.(2) The Grantee acknowledges and agrees that it has been afforded all reasonable opportunity to inspect the Easement Lands and all relevant documentation in respect thereof and to carry out such audits, investigations, tests and surveys as it considers reasonably necessary to ascertain: (a) the suitability of the Easement Lands for use by the Grantee; (b) the existence, nature and extent of any pollution on the Easement Lands; and (c) the need to take any remedial action in relation to any pollution on the Easement Lands; and the Grantee has independently made all such inspections, audits, investigations, tests and surveys as it regards as being necessary for the above purposes. 12.(3) It is understood and agreed that the Easement Lands are available to the Grantee on an "as is" basis. 12.(4) The Grantee hereby assumes any and all duties, obligations or liabilities under any relevant law in respect of the Easement Lands, including, but not limited to, any costs, expenses or liabilities for any remedial action for any pollution of the Easement Lands as caused by the Grantee or those for which it is responsible in law including its employees, agents and contractors. 12.(5) The Grantee hereby releases and holds harmless the Authority in respect of all and any costs, expenses; damages, losses or liabilities that may be incurred or suffered by the Grantee by reason of or resulting from or in connection with or arising in any manner whatsoever out of 5 i i a i t a 4 (a) the Easement Lands not being suitable for use by the Grantee, (b) the Easement Lands being, or being found to be at any time, polluted or contaminated, or (c) the need to take any remedial action and the taking of such action as a result of such pollution or contamination on or of the Easement Lands. unless such costs, expenses, damages, losses, or liabilities are due to the gross negligence or willful misconduct of the Authority, its contractors, sub contractors, successors or assigns. 12.(6) . The Grantee covenants and agrees not to cause anything to be done on or about the Easement Lands resulting in pollution, contamination or environmental damage thereon. 12.(7) The Grantee shall not directly or indirectly permit any violation of any laws now or hereafter enacted relating to environmental conditions, including, without limitation, the Canadian Environmental Protection Act, 1999, (Federal) the Clean Environment Act, (NB) the Clean Water Act, (NB) in, on, at, from, under, above or about the Easement Lands, or. arising from Grantee's use or occupancy of the Easement lands, including, without limitation, soil and ground water conditions. The Grantee shall not directly or indirectly permit the use, generation, release, emission, manufacture, refining, production, processing, storage or disposal of any Contaminants in, on, at, from, under, above or about the Easement Lands, or the transportation to or from the Easement Lands of any Contaminants. 12.(9) The Grantee agrees that it will permit Grantor or those duly authorized by Grantor to conduct tests, inspections or appraisals of the Easement Lands, including,. without limitation, the right to conduct soil tests and to remove samples from the Easement Lands and any part of the Easement Lands and to examine any records, business and assets in so far as they relate to the Easement Lands at any time and from time to time to ensure compliance by Grantee with the provisions of this section 12. 12.(10) For the purposes of this easement, "Contaminant" shall have the same mcanin,g as in the Clean Environment Act, namely; "contaminant" means any solid, liquid, gas, micro - organism; odour, heat, sound, vibration, radiation or combination of any of them, present in the environment, (a) that is foreign to or in excess of the natural constituents of the environment, 2 I(b) that affects the natural, physical, chemical or biological quality or 4 constitution of the environment, (c) that endangers the health, safety or comfort of a person or the health of animal life, that causes damage to property or to plant life or that interferes with visibility, the normal conduct of transport or business or the normal enjoyment of life or use or enjoyment of property, or (d) that is prescribed by regulation to be a contaminant, . 12.(11) The Grantee shall, at Grantee's expense, observe and promptly comply with all laws regulating the use, generation, release, storage, transportation or disposal of any ' Contaminant. 12.(12) The Grantee covenants and agrees, except to the extent otherwise provided, to promptly report to the Authority all spills and or leaks of any substance which may be capable of damaging or contaminating the Easement Lands and to properly and thoroughly remove all such spills or leaks for which the Grantee is responsible. 12.(13) The Grantee further covenants and agrees to be responsible for and bear the cost of any clean -up, removal and disposal of contaminated materials, including soil and water, toxic or otherwise, and restoration of damaged environment or habitat, where the I same arises during and/or after the existence of this easement and results from the activities E of the Grantee, or those for which it is responsible in law including its employees, agents r and contractors, such clean -up, removal and /or disposal will be to the satisfaction of the Authority. a 12.(14) If the Grantee fails to clean up pollution, environmental or habitat I ' restoration, the Authority may do so without notice to the Grantee and the Grantee shall reimburse the Authority for all costs, charges and expenses in connection therewith upon f demand. 12.(15) The detennination of whether or not materials are contaminated, or environmental or habitat damage has occurred or may occur shall be pursuant to cturent applicable environmental laws and regulations and it is expressly agreed that this paragraph 12 suivives the term of the easement_ 12.(16) Without limiting the generality of this section, Authority shall be entitled at I any time to enter the Easement Lands either by itself or through its agents and officers to conduct such audits, investigations and tests as Authority deems necessary. 9 12.(17) No such action by the Authority and no such attempt by the Authority to mitigate damages under any Laws shall constitute a waiver of any of the Grantee's obligations under this paragraph 12 12.(18) The Grantee shall indemnify, defend (utilizing counsel satisfactory to Authority) and hold harmless the Authority and Authority's respective officers, directors, beneficiaries, shareholders, partners, agents, employees and all other persons for whom Authority is in law responsible from all claims, demands, damages, fines, obligations, costs, penalties, costs of cleanup and other liabilities including, without limitation, (a) the costs of defending or counterclaiming or claiming over against third parties in respect of any action or matter, and (b) any cost, liability or damage arising out of a settlement of any action entered into by the Authority with or without the consent of Grantee, brought by any and all persons, including, without limitation, any private citizens, persons, organizations and any agency, branch or representative of federal, provincial or local government on a account of damage, destruction or loss of property, or contamination of natural resources arising out of or in any way connected with any deposit, spill, discharge or other release of any Contaminant that occurs during the term of this Easement, . at, in, on, from, under or about the Easement Lands, or which arises at any time from Grantee's use or occupancy of the Easement Lands, or from Grantee's failure to provide all information, make all submissions, and take all steps required by all authorities under the laws. . 13, The Grantee shall facilitate the Authority in carrying out pre - occupancy, post - occupancy and periodical environmental audits of the Easement Lands and the operations of the Grantee in accordance with Authority policy as amended from time to time. INSURANCE 14. The Grantee will obtain comprehensive general liability insurance (the "Liability Insurance ") as follows: (a) the Liability Insurance will be in an amount of not less than $10 million inclusive limits (or such greater amount as the Authority may reasonably require) and isubject to a deductible of not more than $25,000 any one loss or occurrence for bodily injury, death or damage to property (including loss of use or occupation), f i 1 8 ! ! (b) the Liability Insurance will cover all claims and demands for injury to or death r of persons or damage to property which may be claimed to have occurred and will include, but not limited to, broad form property damage, occurrence property, owner's protective, products, completed operations, personal injury; contingent employer`s, non -owned automobile, blanket contractual liability, and all risk tenants legal liability coverage, (c) the Liability Insurance will provide cross liability coverage for each named insured for liability to every other named insured as if each named insured were insured under a separate policy, and The Grantee will obtain such other insurance as the Authority, from time to time, may reasonably require in such form, amount, and for insurance risks, as a pnident tenant would insure. 14.(2) All the insurance (a) will name, as insured parties, the Authority and the Authority as agent for Her . Majesty the Queen in right of Canada and the Authority's directors, officers and employees with regard to the operations of the Grantee and for those whom in law it is responsible, .(b) will not be subject to invalidation (as regards the interest of the Authority, its directors, officers and employees), by reason of any breach or violation of any warranties, representations, declarations or conditions, (c) will be at the Grantee's expense and will be primary, non - contributing with, and not excess of, any other insurance available to the Authority, (d) . will be placed with underwriters authorized to do business at the demised premises and acceptable to the Authority, acting reasonably, (e) will be in a form acceptable to the Authority, acting reasonably, and i j (e) will provide for sixty (60) days' prior notice to the Authority by mail (prepaid, I registered, and return receipt requested) in the event of cancellation or material change that reduces or restricts the Insurance; 9. 15. The Grantee, (a) will maintain the Insurance in full force and effect at all times during the tern of this Lease and at all other times during which the Grantee is in occupation of the . demised premises, and (b) when requested by the Authority from time to time to do so, will provide the Authority with certificates of the underwriters of the Insurance,.providing evidence of the Insurance and in form satisfactory to the Authority. 16.(1) Any dispute between the parties to this agreement concerning the interpretation of any provision of this easement, or concerning any matter or thing done or omitted to be done hereunder by a party hereto, shall be.settled by arbitration. a. 16.(2) Either party may notify the other party in writing of its desire to submit a dispute to an arbitral tribunal and shall on such notice name its arbitrator to the tribunal. i i 16.(3) Within ten clear days of receipt of such notice, the other-party shall in writing notify the party giving the notice of the name of its arbitrator to the tribunal. i 16.(4) The two arbitrators chosen shall forthwith elect a third who shall be chairman of the tribunal and .the award of the tribunal, or the majority of them, shall be made within thirty days of the appointment of the chairman. 16.(5) A party may appeal an award to the court on a question of fact or on a question of mixed fact and law. 16.(6) if either party shall neglect or refuse to name its arbitrator within the time herein limited, or if the two appointed arbitrators fail to agree upon a chairman within ten days of the appointment of the last of them, an application may be made to the Court of Queen's Bench of New Brunswick for the appointment of such arbitrator or chairman, as the case may be. 16.(7) Each party shall pay the fees and disbursements of its arbitrator and the parties shall pay equally the fees and disbursements of the third arbitrator. 16.(8) The provisions of the Arbitration Act, Chapter A -10.1, R.S.N.B., 1973 as j amended, shall apply to any arbitration under this easement agreement. 3 10 6. (9) Except where a matter is reserved to the sole right, discretion or opinion of one )f the parties hereto, the parties may by mutual agreement submit any matter arising hereunder o arbitration in accordance with this paragraph 22 and the notice and timing requirements tescribed in this paragraph shall apply. 7. All notices to be given pursuant to this Easement may be given by personal ervice or by delivery courier, or by mail postage prepaid by registered mail to the following .ddresses, namely in the case of the Authority to: President and CEO SAINT JOHN PORT AUTHORITY 133 Prince William Street, 5u' Floor Saint John, New Brunswick E21, 2B5 and in the case of the Grantee to: The Common Clerk CITY OF SAINT JOHN P.O'Box 1971 Saint John, N. B. B2L 4L1 Is. This Indenture shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed as of the day and year first above written. ! SIGNED, SEALED and DELIVERED ) SAINT JOHN PORT AUTHORITY in the presence of ) ) Per: } } And: } } CITY OF SAINT JOHN ) ) Per: } } And: tt II -0 cn !I o I ;u DD ! ! M . f, n { m� i a rr a z'> J rm m m o m Z. CW71 z A �I W m z C o Mym o� o� N- 4� 1 mao3 N�� aN N �m z Q D Z 3 �me� jv N ��` I M Co M,% Q ° N c z z a N� _ g .a rt7 = a G? o Dm N MT b 1z w =o to Ziil> y I RI` V -1 Q m O �I L i �pz 0 z A r z Rim M &C- 2007 -153 May 16, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public hearing date for 37 Golden Grove Road, 8 -14 Simpson Drive, 937 Hillcrest Road, 400 Main Street and 69 Russell Street; and rescheduling time of hearing for 921 Ashburn Road, 10 Culloden Court and 100 Prince Edward Street 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 Bertin Levesque 937 Hillcrest "RS -1" "B -2" To permit a Road a motorcycle repair garage Nettie & Terry's 69 Russell 6613-2" & 66SZ -22" To permit a Wing House Ltd. Street "RM -1" lounge and car sales lot Hughes Surveys & 37 Golden "RS -2" "B -2" To permit a Consultants Inc. (for Grove Road commercial White Rose Car development Wash Inc.) and expansion of the existing car wash Report to Common Council May 16, 2007 Name of Applicant Hughes Surveys & Consultants Inc. (for (White Rose Car Wash Inc.) Location Existing Zone 8 -14 Simpson `13-2" Drive Creative Services Inc. 400 Main "ID" (for AXA Insurance) Street Page 2 Proposed Reason Zone Sec. 39 To permit an amendment expansion of the existing car wash Sec. 39 To permit a amendment facia sign In addition to the above -noted new applications, the hearings previously scheduled for 7:00 p.m. on June 18, 2007 for the rezoning and Section 39 applications of A. C. Fairweather & Sons Ltd. (921 Ashburn Road), Saint John YMCA -YWCA (100 Prince Edward Street) and F.C.S. Housing (10 Culloden Court) require rescheduling to 6:00 p.m. RECOMMENDATION: 1. That Common Council schedule the public hearings for the rezoning and Section 39 applications of Bertin Levesque (937 Hillcrest Road), Nettie & Terry's Wing House Ltd. (69 Russell Street), Hughes Surveys & Consultants Inc. (37 Golden Grove Road and 8 -14 Simpson Drive), and Creative Services Inc. (400 Main Street) for Monday, June 18, 2007 at 6:00 p.m. in the Council Chamber. 2. That Common Council reschedule the public hearings for the rezoning and Section 39 applications of A. C. Fairweather & Sons Ltd. (921 Ashburn Road), Saint John YMCA -YWCA (100 Prince Edward Street) and F.C.S. Housing (10 Culloden Court) for Monday, June 18, 2007 at 6:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL The City of Saint John M &C 2007 May 17, 2007 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT Harbour Skating Club Request for $2,000 Skating Subsidy At the meeting of Common Council of May, 2007, Jean Pickel, President, Harbour Skating Club (HSC) requested Common Council approve a $2,000 grant to subsidize their adult skating at Harbour Station. BACKGROUND: The Harbour Skating Club actually started with the opening of Harbour Station (1993). They were a group that split off the previous City arena user — Metro Skating Club. The major reasons were being able to use the new, bright, warmer, better acoustic Harbour Station. The Metro Skating Club continued at Lancaster Centennial Arena (now Peter Murray Arena) until April 2000. Unfortunately, due to declining attendance the Metro Skating Club gave up their valuable ice slot (Wednesdays 8:30- 9:45pm). The remaining adult members joined the Harbour Skating Club. ANALYSIS The City of Saint John Leisure Services Department offers many FREE daytime skating opportunities for adults at our four arenas. The skating choices (schedule attached) are seven days a week which include: 12 Senior Citizen Only and 21 Public Skating (all ages) hour blocks. These opportunities include weekend time that allows for working (normal weekday hrs) adults skating access. The Harbour Skating Club pays $278 (ice) + $150 (music) per night for a weekly total of $856 (2 nights @ 1.5 hrs). The group has a nightly average attendance of 46. Club season memberships are $15. Members pay $7 nightly, while non - members pay $8. Those participating are working adults averaging 40 -50's years, although 18 -88 years do attend. The Harbour Skating Club charges a reasonable nightly fee but depends on the regular attendance of users. These attendance numbers are lower at beginning of season but it is necessary for the HSC to book ice for full season. This does affect the club's ability to meet season expenses. The HSC hire a professional to provide musical entertainment. Last season rentals were Oct 16th - Mar 12th. The nightly savings on using Harbour Station's sound system ($57), instead of the professional, would cover the grant request plus still provide for 4 special evenings of professional entertainment. The grant is not really needed to assist with the skating opportunity but with the higher level of live musical entertainment. Leisure Services does not program or have ice availability for a similar -type adult skating opportunity. STRATEGIC PLAN CONFORMITY /EXISTING CITY POLICY The City of Saint John does not subsidize adults in our four City arenas for any sporting activity. FINANCIAL IMPLICATIONS Granting the $2,000 request will not solve their on -going shortfall and will `open the door' to all other adult ice groups to request similar aid. RECOMMENDATIONS It is recommended that Common Council deny the request for a grant in the amount of $2,000 as requested by the Harbour Skating Club. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager 2 May 22, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: License Agreement with Sungard HTE Inc. BACKGROUND The City of Saint John purchased its Management Information System from HTE Inc. of Florida in 1998. (HTE was purchased by the Sungard Corp. and is now known as Sungard HTE Inc.). This integrated system has a module, known as Click 2 Gov, that enables citizens and businesses to access government services and information via the Internet, 24 hours a day. ANALYSIS The Parking Commission wants to provide citizens with a means of paying parking fines via the Internet. Click 2 Gov for Parking Tickets enables citizens to do so provided they have a connection to the Internet. This makes the payment process convenient for citizens while improving the collection process for the City of Saint John. This application has a number of benefits including providing citizens with real - time access to parking ticket information, expands customer service to 24 hours, 7 days a week, and reduces clerical work associated with processing payments. It is anticipated that this function will be available in the future for use with other processes such as payment of water and sewer bills. FINANCIAL CONSIDERATIONS The total fees for the Click 2 Gov Core Module and Parking Tickets Module total $31, 735.00 (US) (including license fess of $21,055.00, installation fees of $6,700.00 and annual maintenance fees of $3,980.00). Funds are provided in the 2007 Capital Budget to cover these costs. The ongoing annual maintenance fees will be provided for in future Operating Budgets. Report to Common Council May 23, 2007 Page 2 RECOMMENDATIONS It is recommended that Common Council authorize Inc. of $31,735.00 (US) associated with the license, maintenance fees for Click 2 Gov Core and Parking Respectfully submitted, W.D. Todd, Director Information Systems and Support Terrence Totten City Manager payment to Sungard HTE installation and Tickets Modules. The City of Saint John Norm McFarlane Mayor's office Bureau du maire PROCLAMATION WHEREAS: The Saint John Fire Department and the Saint John Police Force along with the Greater Saint John Safe Kid's Committee in the City of Saint John, County of Saint John, Province of New Brunswick are concerned about the safety and health of its citizens; and WHEREAS: Safe Kids Week, as presented by Greater Saint John Safe Kid's Committee, is dedicated to preventing and reducing all injuries especially those which lead to disability and death in the City of Saint John, the committee wishes to inform citizens that MOST injuries are preventable by looking first before you do something, wearing the proper gear, and getting trained, and WHEREAS: this year's campaign focuses on "Drowning Prevention," and measures that each responsible person can take to ensure their safety as well as the safety of others they are responsible for, and that they are fully prepared when they are going to be in, or around, any body of water; and WHEREAS: the committee will be holding a Safe Kid's Expo this Saturday, May 26th, from 10am until 3pm at the Rockwood Park Kiwanis Play P F' er ; and r NOW THEREFORE: I, Mayor Norm McFarlane, of the City of Saint John do hereby proclaim the week of Aay 28th -June 3rd, 2007 as National Safe Kid's Week and call upon all citizens to take the time to prepare themselves and their children to think safety first, this week and every week thereafter. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. The dry of Saint John May 22, 2007 His Worship Mayor Norm Macfarlane And Members of Common Council Your Worship and Councillors: RE: 2006 Audited Financial Statements The 2006 audited financial statements for the following funds will be presented to Common Council on May 22,2007: 1. City of Saint John General Fund 2. City of Saint John Water and Sewerage Utility 3. City of Saint John Reserve and Trust Funds Ernst & Young have audited these financial statements and their Auditor's Report is attached to each set of statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. As in previous years, it is suggested that questions relating to the operating results or financial position of the General Fund, the Utility or the Reserve and Trust Funds be directed to the Commissioner of Finance, Mr. Yeomans. This procedure will recognize management's responsibility for the finances of the City and the preparation of the financial statements. Your Finance Committee reviewed the financial statements with Finance Department staff and Ernst & Young representatives on May 9, 2007. Upon completion of the presentation of these statements I will move the following motion: That the audited financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds for the year ended December 31, 2006 be approved as presented. Respectfully submitted, ' " jdk eft Deputy Mayor Michelle Hooton Chair Finance Committee l� SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www sainyohn.ca I C.R 1971 Saint john, N. -B. Canada E2L 4L1 ---tip 2006 OPERATING HIGHLIGHTS OF THE CITY OF SAINT JOHN GENERAL FUND AND THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY OVERVIEW The General Fund realized a surplus for the year ended December 31, 2006 of $1,057,898 based on total revenues of $106,304,345 versus total expenditures of $105,246,447. Revenues Expenditures Surplus Budget $105,209,244 $105,209,244 $ 0 Actual $106,304,345 $105,246,447 $ 1,057,898 Variance $1,095,101 $ (37,203) $1,057,898 The Water and Sewerage Utility incurred a deficit for the year ended December 31, 2006 of $134,731 on revenues of $27,636,158 versus expenditures of $27,846,300. Budget Revenues $ 28,164,869 Expenditures $ 28,240,280 Excess revenue previous years $ 75,411 Surplus $ 0 Actual $ 27,636,158 $ 27,846,300 $ 75,411 $ (134,731) Variance $ (528,711) $ 393,980 134,731 2006 Operating Highlights GENERALFUND It has been the stated objective of Common Council to provide a base budget that provides sufficient funding to meet the service requirements of the citizens of Saint John without increasing the tax rate. Key revenues that contributed to the positive year end results were Building and Plumbing Permit revenues ($483,000), Parking and Fine revenues ($216,000) and Short -term Interest revenues ($354,000) higher than budget while Land and Building revenues were under budget ($149,000). While this analysis explains the revenue items that contributed to the surplus it is important to not lose sight of the fact that the major source of revenue for the City is property taxes. Property Tax revenue in 2006 was $80,140,223 or 75.38% of total revenue. The Unconditional Grant of 18,742,621 represented 17.63% of total revenue and the combined total of $98,882,844 was 93.01 %. On the expenditure side there were both positive and negative variances that impacted the operating results. Key in these areas was an under expenditure in Roads and Streets resulting from the mild winter in the first quarter of the year as well as the months of November and December 2006 ($618,000), lower than budgeted Liability Insurance premiums ($187,000) and savings in Environmental Health ($212,000). As identified in the regular budget projections during 2006 there were over expenditures in Fire Protection ($595,000) and Transit ($250,000) services. Other items of significance in terms of the 2006 operating results include the following. The final year of amortization of the 2003 Workforce Adjustment Program ($1,099,952); the 2006 charge for funding the Pension Fund going concern unfunded liability ($1,489,945); a charge to fully fund the Heart & Lung liability ($ 1,002,397); and funding from the operating budget the cost of fleet replacement actual of $1,289,200 versus a budget of $516,381. It is worth noting that the funding of the Heart and Lung liability was not budgeted and was not approved by Common Council. The report related to this liability was only received in April of 2007. While this expenditure has been reflected in the operating results for 2007 these statements are in fact "Draft Financial Statements" and should it be the will of Council not to fund this item at this time the Financial Statements can be modified to remove this expenditure. 2 2006 Operating Highlights This is also the case in terms of the funding related to the fleet replacement program. When this program was introduced it was the goal of the program not to borrow for fleet replacement. When the initial draft of the 2006 budget was prepared adequate funding was included for fleet replacement. However due to the need to include funding for the pension situation in the 2006 budget it was necessary to reduce the funding for the fleet replacement. When it became apparent that there was going to be a surplus in 2006 the full amount for fleet replacement was recorded eliminating the need to incur long- term debt for fleet replacement. Again should it be the will of Council not to fund this item the Financial Statements can be modified to remove the additional expenditure related to fleet ($772,819). Some other items of note that although not significant in terms of the magnitude of the dollars involved nonetheless demonstrated the willingness of Common Council to be responsive to the needs of the community. These expenditures included a contribution to the Saint John Theatre Company ($50,000), funding for the Canada Games Stadium study ($10,000), and funding related to the Multiplex study ($47,429). This summary has attempted to highlight for Common Council the major items that have contributed to the operating results for 2006. In looking at the Financial Statements there are numerous other variances both positive and negative that can be seen but have not been included in these notes. Staff are prepared to entertain any questions that Council may have related to these items. There are also some other key points that should be discussed in terms of these Financial Statements. The first one is the amount of debenture debt outstanding at the end of 2006. The total was $54,788,800 and represents an increase of $3,154,700 over 2005. In view of the substantial capital projects approved in the 2007 budget and on the horizon for the next few years this is an area that needs to be monitored closely. In recent years Council has gone from a ten year repayment period to a fifteen year repayment period on its borrowings. This was done in order to allow increased funding of capital from the operating budget and eventual elimination of borrowing for recurring capital expenditures. The debt service ratio for the City of Saint John is currently 11.37% which is certainly within acceptable parameters. Long term borrowing rates have been at historically low levels for the last few years however should these rates start to increase while the City is increasing its long -term debt our debt service costs could increase and put pressure on overall operating costs. 1 2006 Operating Highlights Another issue is the Pension Plan and the status of its funding. The last actuarial valuation was completed at December 31, 2003 and resulted in an unfunded liability on a going concern basis of $43,547,200. There is currently underway an actuarial valuation as at December 31, 2006. However this has not been completed at this time and as such the requirement is to use the 2003 valuation extrapolated to December 31, 2006. This extrapolation uses the same assumptions upon which the 2003 valuation was performed. The results of this extrapolation are included in the Notes to Financial Statements, note 4.13. Pension Plan Actuarial Information page 14 in the General Fund draft Financial Statements. The wording of the note is as follows: "the results indicate that the adjusted market value of the assets available to provide the benefits now exceeds present value of the accumulated plan benefits resulting in an actuarial surplus of $17,202,736 on a going concern basis." While this information shows that the Pension Plan has been performing very well over the past three years, the indications from the actuary are that there will have to be changes in some of the assumptions on which the valuation is based particularly the investment earnings assumption which has been the topic of much debate. WATER & SEWERAGE UTILITY As stated in the overview at the beginning of this report the Water & Sewerage Utility has a deficit for the year ended December 31, 2006 of $134,731. Total revenues were under budget by $528,711. This consisted of lower revenue obtained from all classes of customers in the amount of $451,663. Flat rate revenues were under budget by roughly $110,000, large industrial customers by $153,000 and the balance from the other metered customers. Another source of revenue comes from charges to the General Fund for Water Supply for Fire Protection and a charge for Storm Sewer. These charges are based on costs incurred by the Utility and have been determined using calculations provided in the Business Plan review completed in 2002. The net result of actual costs incurred in 2006 was a charge of $77,000 less than budget. The shortfall in revenues was offset by savings in operating expenses of $218,000 and lower than budgeted fiscal charges of $606,000. The positive variance in fiscal charges was a result of $427,000 in lower debenture interest 4 2006 Operating Highlights and $179,000 in debenture costs both resulting from borrowing less than anticipated at the time the budget was prepared. This saving was offset by the Utility's required funding of its share of the going concern unfunded liability of the pension plan ($631,000). In terms of other items of importance to the Water & Sewerage Utility from 2006 the above discussion for the General Fund related to long -term debt is equally valid in the Utility. The total debenture debt outstanding at December 31, 2006 was $44,269,000 which is an increase of $2,183,000 over 2005. Harbour clean up alone will cost in excess of $25,000,000 over the next five years. CONCLUSION The City of Saint John General Fund has experienced a surplus for the year ended December 31, 2006. In passing judgment on the whether this is good or bad it is important to keep in mind the factors that contributed to the surplus and could they be reasonably predicted. The various revenue items that contributed to this result were not predictable at the time the 2006 budget was prepared and may or may not be indicative of trends of growth that increased permit and parking revenues might lead one to believe. The savings resulting from a mild winter also are not predictable but reductions in liability premiums and tipping fees have been reflected in the 2007 budget. What we do know is that it is important to be constantly monitoring our operating results with a view to controlling costs as well as looking for new ways to generate revenues. This is the challenge for everyone staff, Council and the citizens we represent. 5 Financial Statements The City of Saint John General Fund December 31, 2006 .i� r :e we Yc .i� CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and ExpensesP Operating Fund Statement of Equity =14 Capital and Loan Fund Balance Sheet Capital and Loan Fund Statement of Equity '�§,, Statement of Source and Application-off Capital Financing Notes to Financial Statements` Operating Fund Schedule of Revenue items Operating Fund Scheduld °of Expense Items Page 1 -2 3 4 5 6 7 8 9 -19 20 -21 22 -27 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John General Fund as at December 31, 2006 and the related statements of revenue and expenses, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of YMunicipalities Act of New Brunswick. These financial statements are the6,;X sponsibility ;, of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. .,. We conducted our audit in accordance with Can generally accepted auditing standards. Those standards require; that we plan aiff, p erform an audit to obtain reasonable assurance whether the :. fiif vial stateme . are free of material misstatement. An audit includes examining; On a test b409, evidence supporting the amounts and disclosures in the financiaf`statements: An audit also includes assessing the accounting principles used' and significant estimates made by management, as well": as evalu ing the ovdrall financial statement presentation. As described in note =4x The. City of Saint John Pension Plan (the "Plan") completed an actuarial vtion' "a ol.fecember 31, 2003. The City of Saint John General Fund was 'required to partially fund the reported solvency deficiency in 2006 in the amottnt.of $6,885,599 (2005 - $6,172,800). The total obligation.of $19,198,646 to cover 2004 to 2006 was not paid to the Plan and the City has not.'irecorded the solvency obligation to the Plan. However the City has accrued $10,759,262 to fund the 2004 to 2006 cumulative going concern deficiency, which is being amortized to income over a period ending in 2011. Failure to record the. required full solvency funding contribution as a liability is not in accordance with generally accepted accounting principles. Had the full solvency funding obligation been recorded liabilities, deficit and excess of expenses over revenue for the year would have increased by $8,439,384 (2005 - $5,246,996). In our opinion, except for the effect of the City not recording the liability referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the City of Saint John General Fund as at December 31, 2006 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of the City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, April b, 2007. �::dS'iisF1� 14A•� Q7 ...'�.''F yr-Y Chartered Accountants 2 The City of Saint John General Fund OPERATING FUND BALANCE SHEET As at December 31 2006 2005 See accompanying notes Approved by: Mayor Chair of Finance Committee ASSETS Cash and short term deposits b9,921 9,959,472 Accounts receivable 5,711$1701 3,602,057 Due from associated entities Water and Sewerage Utility - Capital and Loan Fund 12,304,443 ;;:::;.,::9,027,438 6 Due from General Capital and Loan Fund 1,652,119 - -- Inventory of materials and supplies, at the lower of cost and replacement cost 841,849 786,302 15 Deferred expense - Pension [note, 41 8,069,313 5,776,073 17 Prepaid expenses (note 5] 468,816 1,592,942 32,622,162 30,744,284 LIABILITIES AND EQUITY (DEFICIT) Cheques in circulation 919,282 1,003,263 15 Accounts payable and accrued charges (note 41 7,950,305 15,060,594 11 Other payables [note 2] . 6,728,345 5,206,903 Interest payable on long -term debt 564,052 631,708 Due to associated entities Saint John Parldng Commission 3,027,709 2,770,292 Power Commission of The City of Saint John 12,259 12,259 Harbour Station Commission 22,021 22,021 The City of Saint Yohn - Pension Fund 74,624 146,019 Transit' : Fuel Gas Rebate 4,851,388 - -- Due to Water;anct' 'Sewerage Operating Fund 6,188,635 4,780,081 6 Due to GeneW'Capital and Loan Fund - -- 296,966 Deferred revenue 602,290 575,450 Computer replacement fund 646,975 502,935 Fleet replacement fund 42,317 491,722 31,630,202 31,500,213 5 Equity (deficit) 991,960 (755,929) 32,622,162 30,744,284 See accompanying notes Approved by: Mayor Chair of Finance Committee The City of Saint John General Fund OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget = Actual Actual 2006 2006 2005 (unaid! :Ped) Page $ 20 21 21 Revenues Property taxes 80L4L1,223` Unconditional grant 914,131 Province of New Brunswick,;:,, 18,742,6 e ; h. Sale of goods and services ::' ;,n... 879,800 Other revenue from own sources':;; �i :i- F'3 829,500 Conditional grants from other Protective services ; .k.., governments., 386,6t�Ci Miscellaneous:revenuY'. 1.230.500 80,140,223 75,827,462 18,742,621 17,975,396 .�j,038,021 914,131 417419428 3,867,725 420,863 543,221 1.221.189 711.482 See accompanying notes Cl Expenses 22 General government services 10,054,009 9,424,467 9,362,774 23 Protective services ; .k.., 39,667,783 40,510,579 37,286,917 24 Transportation services 'y 21,100,488 20,341,988 19,625,800 Environmental health services 3,380,349 3,168,309 3,409,851 25 Environmental development services 8,831,040 89210,657 8,085,195 26 Recreational and cultural services 7,010,076 7,270,126 6,938,879 27 Fiscal services 14,475,508 15,630,330 15,180,867 5 Excess of expenses over revenue - second previous year 689,991 689,991 15,069 Total expenses and fiscal services 105,209,244 105,246,447 99,905,352 5 Excess of revenues over expenses (expenses over revenues) for the year - -- 1,057,898 (65,935) See accompanying notes Cl The City of Saint John General Fund OPERATING FUND STATEMENT OF EQUITY Year ended December 31 :_ .. 2006 2005 e $ $ Equity (deficit), beginning of year " ° "" '' (755,929) (705,063) Add (deduct): 4 Excess of revenues over expenses (expenses over revenues) for the year '' °° 3;, _t''' '"'1,057,898 (65,935 qfi i" v16 '`a-�s�• t a'�F' F7 The City of Saint John General Fund As at December 31 CAPITAL AND LOAN FUND BALANCE SHEET 'An. 2006 2005 56,884,085 52,087,078 7 Equity 340,571,556 321,694,709 397,455,641 373,781,787 See accompanying notes Approved by: Mayor Chair of Finance Committee ASSETS Due from associated entities ,V VSl °gib 15 Saint John Transit Commission 964,047 Mr 1,183,725 Saint John Non-Profit Housing 8,952 28,226 Water & Sewerage Utility — Capital Fund --- 662 Water and Sewerage Utility Operating Fund 28,801 41,325 1,001,800 1,253,938 3 Due from General Operating Fund;,, 296,966 Investments in shares of wholly owned companyf, Saint John Industrial Parks Ltd., at I cost 994 994 13 Land, buildings, plant and equipment and engineering structures [note 31 396,452,847 372,229,889 397,455,641 373,781,787 LIABILITIES z AND EQUITY 12 Debenture debt fhore 31 54,788,800 51,634,100 12 Ott long-term &N [note 3] Can4da Mortgage d Housing Corporation 1 'zl' an 5,958 11,388 I Municipal Development and Loan Board ... 170 Saint Johtt I?ang Commission 367,850 441,420 Due to associated entities 3 General Operating Fund 1,652,119 - -- Water and Sewerage Capital Fund 69,358 --- 56,884,085 52,087,078 7 Equity 340,571,556 321,694,709 397,455,641 373,781,787 See accompanying notes Approved by: Mayor Chair of Finance Committee The City of Saint John General Fund CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 2006 2005 Page $ $ 0t Equity, beginning of year � 321,694,709 305,327,604 Debt repaid during the year by the Operating and " Debenture debt 7,845,300 8,076,000 Canada Mortgage and Housing:Corporation 5,430 70,990 Municipal Development and Loan Board 170 221 Saint John Parking Commission 73,570 73,558 7,924,470 8,220,769 Contributiona.in aid of eonstruction Provincial 0overnment` 4,097,912 2,981,082 Other 1,701,738 8,993 5,799,650 2,990,075 Proceeds of land sales ih Oxpess of estimated cost 82,854 264,428 Capital projects financed by, the Operating Fund 653,019 1,337,646 Fixed assets purchased by the Operating Fund 4,416,854 3,554,187 6 Equity, end of year 340,571,556 321,694,709 See accompanying notes 7 The City of Saint John General Fund STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 Applesi#on, Capital expenditures ;' 24,222,958 18,788,476 Debt repayment`::`_, 71924,470 8,220,769 Increase in amounts due from associated entities - -- 142,777 32,147,428 27,15 2,022 See accompanying notes 2006 2005 Source pm Debenture issue ;:,,11,000,000 7,100,000 Contributions in aid of construction Provincial Government °' 4,097,912 2,981,082 Other 1,701,738 8,993 Fixed assets purchased by the Operating Fund, 1: 4,416,854 3,554,187 Capital projects financed by the Operating Fund 110P 6531019 1,337,646 Proceeds on land sales in excess of estimated cost 82,854 264,428 Debt repaid by the Operating Fund 7,924,470 8,220,769 Loan from Parking Commission. - -- 514,978 Increase in amount due to the Operating Fund 1,949,085 3,169,939 Increase in amount due to Water & Sewerage Capital Fund 69,358 - -- Decrease in amount due from Associated Entities 252,138 - -- 32,147,428 27,152,022 Applesi#on, Capital expenditures ;' 24,222,958 18,788,476 Debt repayment`::`_, 71924,470 8,220,769 Increase in amounts due from associated entities - -- 142,777 32,147,428 27,15 2,022 See accompanying notes The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Financial statement presentation The General Fund financial statements of The City of:3`aint ohn (the "City') have been prepared in accordance with the fund basis ofaccour t g. The Operating Fund reflects the City's working capital and results of operatiois;'and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long -term debt. Fixed assets and depreciation Fixed assets are initially recorded at cost. Funds received through capital assistance programs, cost sharing arrangements or loan forgiveness are treated as additions to equity in capital assets, except where the asset was acquired under the Urban Renewal Program, In these cases the funds received are netted against the asset cost. The City does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The City`al'6 charges to operations all capital projects that are financed in the current year from'opprating funds. Accrual accounting The City follows the accrual method of accounting for revenue and expenses. 0 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. ACCOUNTING POLICIES (continued) Accounting for second previous year's operating results Section 89 of the Municipalities Act of New Brunswick requires that the excess of revenue over expenses for a fiscal year be included in revenue in the second ensuing year and that similarly, the excess of expenses over revenue for a fiscal year be included in expenses in the second ensuing year. Accounting estimates The preparation of financial statements in conformity with generally accepted accounting principles requires managemen Q make estimates and assumptions that affect the reported amounts of assets and l �ilities at the date of the financial statements and the reported amounts of revdn 6 and expenses during the reporting periods. Actual results could differ from th .84 estimates. Financial instruments The carrying values of the City's financial instruments other than long -term debt approximate fair values because of their _short-term maturity and normal credit terms. The City's' aE*.counts receivable do not represent significant concentration of credit risk because `the, ac-dounts I are owed by a large number of ratepayers on normal credit. terms. As long d "' debt' is arranged with the Province of New Brunswick and is not reneo able, the fair values of long -term debt, affected by possible changing interest rates4 has not been determined. At year -end the City did not have any exposure relating to derivative instruments. 10 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 2. OTHER PAYABLES 2006 2005 Heart and lung liability 2,015,500 1,047,755 Vacation pay 2,103,945 1,840,320 Retirement allowance 2,608,900 2,318,828 6,7.28,345 5,206,903 The City pays certain amounts to disabled firefighters and their spouses as a result of the provisions of an Act of the Legislature, known as the Heart and Lung Act. An actuarial review of this plan was completed as at December 31,, 2006. The estimated actuarial present value of benefits at December 31, 2006 is $2,015,500. This review only covers current claimants and does not include possible future claims. The City has provided for vacations earned but not paid. All employees upon retirement from the City of Saint John are entitled to a retirement pay bonus equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates-further accumulation of retirement allowance entitlement for those employees:`` 11 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. DEBENTURE AND OTHER LONG -TERM DEBT Debenture and other long -term debt consist of the following: Year of Interest Term 2006 2005 Issue rate Years Balance Balance 1996 3.625 to 6.625 10 ::., 0. - -- 480,200 1997 4.125 to 6.000 10 '` `n =>4' � 814,000 1,628,000 1998 5.250 to 5.625 10 1459,000 2,188,500 1999 5.200 to 5.750 10 2,599,500 3,468,400 2000 6.100 to 6.400 10 2,656,�;L 3,320,000 2001 2.450 to 5.500 10 2, 525 ,000`:u "'. = .;:...,,:3,030,000 2002 3.375 to 5.750 10 4,776,000 mw 5,572,000 2003 3.050 to 5.000 10 7,938,000 9,072,000 2003 2.750 to 5.125 10 4,158,000 4,752,000 2004 2.750 to 4.800 10 10,236,000 11,023,000 2005 3.750 to 4.375 10 6,627,000 7,100,000 2006 4.150 to 4.450 10: 11,000,000 - -- Debenture Debt 54,788,800 51,634,100 1982 9.50 25 5,958 11,388 Canada Mortgage and Housing Corporation 5,958 11,388 1966 5,38 40. - - -- 170 Municipal Development and Loan Board - - - -- 170 2006 2.75 7 367,850 441,420 <J� 12 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments required in each of the next five years is as follows: R, 2007 8,104,058 2008 7,284,100 2009 6,548,600 2010 5,686,000 2011 5,022,000:. Fixed assets include $7,240,377 (2005 - $4,797�'i'46.?;, for" "which financing has not been arranged at year end. , 4. PENSION PLAN' A. OVERVIEW The City provides pens ob;_ benefits to employees in accordance with the provisions of the revised City'.of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan is administered by a Board of Trustees, representing Ccim - n Council,; management, unionized employees and retired employees..-,.,:.Prior to May, 1994 the plan was governed by The City of Saint John Pension Act, 1970. The plan is subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The plan is a` defined benefit plan which provides for pensions based on length of service and rate of pay. Both the municipality and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 7% of employee earnings. The City is currently contributing at a rate of 8.1% of salary. The City charges all of its contributions to expense in the year the contribution is made. The amount contributed for employees, other than those funded by the Water and Sewerage Utility, for 2006 was $14,416,009 (2005 - $3,303,264). 13 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 4. PENSION PLAN (continued) B. ACTUARIAL INFORMATION The 2003 actuarial valuation indicated the present value of accumulated plan benefits was $300,780,300 and the adjusted market value of net assets available to provide benefits was $257,233,100 with an estimated unfunded liability of $43,547,200 on a going concern basis. As of December 31�: 2003, the liabilities on a solvency basis were greater than the solvency assets by $88,852,300. The 2003 valuation has been updated by extrapolation to Dectnber 31, 2006 and the results indicate that the adjusted market value of the �2 s"ots available to provide the benefits now exceeds present value of the accumulated plan_ benefits resulting in an actuarial surplus of $17,202,736 on a going concern basis. This valuation relates to the entire plan which includes employees funded through both the General Fund and the Water and Sewerage Utility. Current costs and special funding payments are allocated to each fund on the basis of a percentage of payroll. C. DUE TO THE PENSION PLAN The New Brunswick Benefits Pension Act requires that a solvency deficiency be funded over a period of dive years unless an exemption is requested to fund over a period of no more:: than 15 years, or the period to December 31, 2018, whichever is shorter. This exemption has not been requested by the City of Saint John. Assuming, an exemptions obtained, the maximum funding period is 15 years from December 31, 2003 The minimum funding payment to fund the solvency deficiency over' 5 years is 15.3% of payroll. The estimated annual` solvency funding payment required for 2006 is $8,033,600 (2005 - $7,202,000). Of this amount the cost attributed to employees funded by the General Fund is $6,885,599 (2005 - $6,172,800). These required funding amounts have not been paid or recorded in the financial statements. 14 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 4. PENSION PLAN (continued) C. DUE TO THE PENSION PLAN During 2006 the City of Saint John paid the plan $12,553,100, which represented required special funding and interest on a going concern basis for the years 2004 to 2006. The General Fund's share of this is $10,759,262 of which" $1,200,000 was expensed in 2005 and $1,4$9,949 was expensed in 2006 led a balance of $8,069,313. This amount has been recorded as a deferred expei3s�. The City has received approval to amortize this expense over a period endin "i i -2011. 5. COMNUTMENTS Saint John Transit Commission During 1979, Saint John Transit Commission was created by an Act of the Legislative Assembly of New Brunswick. Under provisions of the Act, the Commission has the authority to maintain and operate a public transit system within the City of Saint John, with all operating losses and debt charges being funded by the City. The City Of Saint John is also liable for the debentures issued on behalf of the Commission, which at December 31, 2006 amounted to $3,421,20& (2005 $3,004,900). The; Gater Saint Johil, Economic Development Commission, Inc. During 199%.the Greater,; Saint John Economic Development Commission, Inc. was incorporated,; The Articles of Incorporation provide a funding formula for costs to be shared...by the participating municipalities. The participating municipalities are th Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield, and the City of Saint John. 15 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 5. COMMITMENTS (continued) Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission was created by an Act of the Legislative Assembly of New Brunswick; Under the provisions of the Act, the Commission has the authority to determine the annual amount of the total municipal contribution to be made towards the operation of five regional facilities: the Canada Games Aquatic Centre, Rubour Station, the Saint John Trade and Convention Center, the Imperial. h6atrc and the Saint John Arts Centre. Under the provisions of the Act,-.fire City's contribution is its prorata share of the Commissions' operating butt,. based,,,on the tax .bases of the participating municipalities. The participating,l- ,munrc palities are the Town of Quispamsis, the Town of Rothesay, the Town of,,;Grand Bay - Westfield, and the City of Saint John. Market Square Central Building Compleit - Lease Agreements The Central Building Complex of the Market Square Project was opened to the public in May, 198 -; -This complex includes the library, trade and convention centre, parking garage and; retail and commercial space. Under the terms of three, sixty -six year leases, the City of Saint.John is responsible for the proportionate share of the complex's common area operating expenses, including property taxes, related to the library, trade and convention centre and parking garage. Lease Commitments During 2006, the Cityexercised a renewal clause in its operating lease of the City Hall building, which extends the lease by ten years. The City pays the fixed amount of approximately $760,000 per annum plus the proportionate share of the building's property taxes and operational costs which are estimated to be in excess of $1,000,000. 16 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 5. COMMITMENTS (continued) Collective Agreements There are provisions within a number of Collective Agreements between the City and bargaining units representing its employees that commififie, City to the future expenditure of funds. The Agreement with CUPE Local 18, representing the City's outside workers, commits the City to employ ,# miniximm of 293 employees at an approximate annual expenditure of $13,000,0013;, This Agreement expires on December 31, 2010. The Agreement with CUPE Local 486, xe resenting the City's inside workers, has a no -lay -off provision related to all enpoyees hired prior to August 9, 1985 resulting in an approximate annual expenditure of $1,700,000. This Agreement expires on December 31, 2007. In addition, the Collective Agreement between the Saint John Board of Police Commissioners and CUPE Local 6E, representing the City's Police Officers, contains a no -lay -off provision resulting in an approximate annual expenditure of $9,600,000. This Agreement expires on June 30, 2007 Early Retirement/Voluntary Separation Program In October of 2002 the City offered an Early RetirementNoluntary Separation Program to_ m e mployees in: an effort to reduce future personnel costs. In total 41 applications were approved under this program with employees' termination date being-' January 10, 2001 The, program resulted in the City making one -time payments tt,departing employees totaling approximately $3,800,000. The City has received approval from the Province of New Brunswick to amortize the one -time costs associated with this program over a four -year period commencing in 2003. This amount has been'' een' deferred and recorded in prepaid expenses and will be amortized as follows` 2003 750,000 2004 1,000,000 2005 1,000,000 2006 1,050,000 17 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 5. COMMITMENTS (continued) University Funding In June of 2005 the City approved a grant of $2,000,000 to the University of New Brunswick, Saint John campus. This funding to the , U'nversity's campaign "Forging Our Futures" will be paid in cash and/or inAtind over a period of 10 years commencing 2006. 6. CONTINGENCIES The City of Saint John is liable for the debentures and other long-terrii debt issued on behalf of its self - supporting entities: The Water and Sewerage Utility and the Power Commission of the City of Saint John. The total of such debt outstanding at December 31, 2006 was $44,269,000 (2005 - $42,106,614). In accordance with the Clean Environment Act, the. City is also liable for a pro - rata share of the debentures, and other long -term debt issued on behalf of the Fundy Solid Waste. Commission. The portion attributable to the City is determined on the basis of, its percentage of total population within all participating municipalities ihd� unincorporated areas. The total of such debt outstanding at December 31, 2006 was $14,617,000 (2005 - $16,539,000). Based on 2003'' population figures, the City is liable for approximately 55% of the Commission's debt. 7. RESTRICTIONS ON MUNICIPAL BORROWINGS Section 89 of the Municipalities Act of the Province of New Brunswick restricts a municipality's borrowings for operating purposes to less than four percent of the operating budget of the municipality, and to less than two per cent of the assessed value of real property in the municipality for capital purposes. Borrowings by the General Operating Fund and the General Capital and Loan Fund are within these legislative restrictions. m The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2006 8. INTER -FUND ACCOUNTS All inter -fund accounts at December 31, 2006 represent current transactions and are in compliance with the policy established by the Department of Local Government. 9. TRANSACTIONS WITH THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY (the "Utility ") The General Operating Fund reimbursed the Utitify: Operating Fund $1,690,282 (2005 - $1,540,863) for water supply for fire' protection and $1,023,854 (2005 - $1,104,280) for storm sewerage charges. The General Operating Fund charged the UtifflyUh.j,pperating Fund $1,347,000 (2005 - $1,332,000) for its share af�gpneral governor itoperating costs. Charges for the provision of direct service:, between funds ar0 pot reflected in these amounts. . E:.,.. Interest is charged on Che balances betw6 the General Fund and the Utility on a monthly basis. 19 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (I of 2) Year ended December 31 AF- Budget "' A -='t` =:Actual Actual 2006' ' 0.06 2005 (unaudited) Sale of Goods and Services Protective services Point Lepreau 40,000 40,000 40,000 Garbage collection and disposal"' 5,000 - -- 50 Recreational and cultural 691,800 813,021 732,081 Administrative service Pension Fund 100,000 .. 100,000, 100,000 Housing Operations 43,000 43,000 42,000 Transit Commission - -- 42,000 - -- 4 879,800 1,038,021 914,131 :rye OR The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (2 of 2) Year ended December 31 Budge> } = ` Actual Actual 2006' 2006 2005 (unaudited] Other Revenue from Own Sources Licenses and permits Business and other 76,000 82,720 86,119 Building 500,000 928,120 719,529 Plumbing 42,000 96,874 71,000 Gas pipeline 26,000 27,081 24,982 644,000 1,134,795 901,630 Fines and parking Parking, andAraffic violations 556,000 653,167 615,474 Motor vehicle, viplatio ns 15,000 - -- - -- Parking meters` :. 724,500 753,697 620,134 Market Square ParlCt4g Garage 733,000 837,628 672,242 2,028,500 2,244 492 1,907,850 Rentals Market - 467,000 437,285 424,282 Land and buildings 440,000 320,804 378,937 907,000 758,089 803,219 19 Short -term interest [note 9] 250,000 604,052 255,026 4 3,829,500 4,741,428 3,867,725 Conditional Grants from Other Governments Provincial government and agencies Transportation services - highways 386,600 420,863 402,991 Funding for official languages - -- - -- 140,230 4 386,600 420,863 543,221 21 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (1 of 6) Year ended December 3 l General Government Services Legislative Mayor's Office Budget Actual Actual 2006, 2006 2005 1audited) Common Council `: 358,330 General Administrative City Manager 542X1 ,Q Vision 2015 500;000 Common Clerk ': ..',' 4 r 828,290 «, Solicitor 576,528 S - 195,920 190,634 372,377 334,260 540,230 804,383 433,524 - -- 768,091 754,959 520,046 630,492 Corporate ervic Administration ;`tA s ` } "Y 223,118 71,534 217,414 Finance """ 981,645 967,190 1,293,798 Human Resources 1,196,681 1,126,553 1,074,823 Materials Management 1,048,446 1,125,443 1,097,491 Information Systems & Support 1,878,918 1,733,867 1,531,198 Common Services 16 City Hall Building [note 51 1,645,766 1,611,505 1,429,346 Other General Government Services Property Assessment 892,927 892,927 844,874 Public Liability Insurance 600,000 412,260 491,102 1.1,466,009 10,771,467 10,694,774 19 Deduct administrative costs allocated to the Water and Sewerage Utility [note 9] (1,412,000) (1,347,000) (1,332,000) 4 10,054,009 9,424,467 9,362,774 W The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (2 of 6) Year ended December 31 Fire protection Budge� Actual Actual 2006RE 2006 2005 (unaudited) 1,690,282 1,540,863 Page $ Emergency. Measures Organization. 170,630 Protective Services 171,688 Emergency Dispatch Centre Police Protection 18,014,630 18,260,517 16,947,606 Fire protection Salaries and other operating costs,. 16,749,433 17,344,167 16,030,916 19 Water supply [note 91 1.1062,403 1,690,282 1,540,863 Emergency Measures Emergency. Measures Organization. 170,630 160,833 171,688 Emergency Dispatch Centre 1,722,927 1,723,011 1,367,555 Other protection Building Inspectiotf, - 1,197,760 1,207,374 1,109,903 Animal Rescue League 150,000 124,395 118,386 4 39,667,783 40,510,579 37,286,917 23 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (3 of 6) Year ended December 31 .:�_, fi. .........: . Budget:,;; ``:`.£; Actual Actual 2001 ;.2006 2005 (unaudited -) Transportation Services'' Common Services Mechanical and Carpentry 392,872 515,884 528,236 Administration ;,.. 1,697,431 1,664,707 1,401,465 Engineering . `':. 362,722 299,288 490,251 Road Transport Roads and Stree;;- _t.;10,924,968 10,306,691 9,881,132 Street Lighting "_ =; 800,000 859,009 883,697 Traffic Services .,4. 1.,048,461 877,801 992,610 Parking 451,591 371,251 314,402 19 Storm Sewer (note 91' 1,679,717 1,541,514 15 Public Transit [note 51:'-:' Operating Subsidy 2,800,000 3,091,942 2,920,077 Interest expense and capital debt retirement 641,870 675,698 672,416 4 21,100,488 20 341,988 19,625,800 24 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (4 of 6) Year ended December 31 Budget Actual Actual 2006 ; : 2006 2005 (unaudited) $ $` $ Environmental Development ServiceWz_'_ - ?, Research and Planning 77; 2 ;1 ` "'N 692,699 582,222 Administration and G1S 71`5104 505,900 576,453 Real Estate Management �. 1,299,26'` " ?., 1,006,127 1,133,769 Market Square Corporation :: �.,:; 243,500 � ._;;,..,43,500 215,000 Environment Committee M' 3,200 3,315 3,076 Preservation Review Board `a i829Q :..° 126,529 100,540 15 Greater Saint Joba-Economic Development lnote 51- ,, 396,495 396,495 401,072 Saint John Industrial Panes 80,000 50,000 65,000 16 Market Square ommou'Area (note 51 1;878,752 1,774,963 1,809,417 Growth Strategy Initiative mow; =.r., ..'" 62,500 61,045 62,322 16 Regional Facilities Commission t;i r 51 1,554,496 1,548,454 1,540,385 Tourism and Communications , 895,620 962,313 922,306 City Market 741,406 809,317 661,133 Public Celebrations and Rece tions - -- - -- 12,500 4 8,831,040 8,210,657 8,085,195 25 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (5 of 6) Year ended December 31 e Budget 5 ":"�`l'h 200k'` (unaudited). . Actual Actual 2005 $ Recreational and Cultural Services ... --- 128,333 Recreational 360,993 360,993 353,522 Administration 730,098 790,347 749,652 Community Centres 1,227,784 1,221,487 1,193,086 Arenas 1,053,946 1,121,831 709,039 Sportsfields 1,382,920 1,424,458 1,796,014 Parks 1,353,505. 1,467,002 1,462,801 Cultural New Brunswick Museum ... --- 128,333 Saint John Free Public Library 360,993 360,993 353,522 Cultural Services 93,330 95,803 89,543 807,500 788,205 456,889 4 7,010,076 7,270,126 6,938,879 go- The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (6 of 6) Year ended December 31 Budget ;=:: Actual Actual 2006: x,,.:2006 2005 n g ed) Fiscal Services Interest on Long -term Debt Debenture Debt 2,720, hu,_ 2,436,842 2,524,552 Other Long -term Debt 1,295''` `'';:: 14 720 11,475 Principal Installments Debenture Debt 7,945,300 ., " 7,845,300 8,076,000 Other Long -term Debt 5,600.1'' 79,170 144,769 Capital projects financed °;by ^RV516,381 the Operating Fund 1,289,200 1,795,000 Other Debt Charge &� > >:,.:Y, :,< y` 210,000 64,660 100,366 Short term Financin94 246,000 239,448 199,392 Funding of Pension Fund1note 41 1,400,000 1,489,945 1,200,000 Other Miscellaneous 1,530,000 2,171,045 1,129,313 4 14,475,508 15,630,330 15,180,867 } 27 Financial Statements The City of Saint John Water and Sewerage Utility December 31, 2006 . {v .sr CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and Operating Fund Statement of Equity Capital and Loan Fund Balance Sheet 71. 4Y Page 1-2 3 4 6 7 8 9-16 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John Water and Sewerage Utility as at December 31, 2006 and the related statements of revenue and expenses, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These `financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit.. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards requir float we plan and` perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining cans a test basis, evidence supporting the amounts and disclosures in the fmanciA. stater nts. An audit also includes assessing the accounting principles used and significant estimates made by management, as wrll,as evaluating the overall financial statement presentation. As described in note C, the 30yp of, Saint John Pension Plan (the "Plan ") an� actuarial vaivation as 0f'i- December 31, 2003. The City of Saint completed John Water and Sewerage Clti.lity was required to partially fund the reported solvency deficiency in 2006 in tbi'amount of $1,148,001 (2005 - $1,029,200). The total obligation of $3,,200,895 to cover 2004 to 2006 was not paid to the Plan and the City has not recorded the solvency obligation to the Plan. However the City has accrued' and expensed $1,793,838 to fund the 2004 to 2006 cumulative going concern deficiency. Failure to record the required full solvency funding contribution as a liability is not in accordance with generally accepted accounting principles. Had the full solvency funding obligation been recorded liabilities would have increased and equity and excess of revenue over expenses for the year would have decreased by $1,407,057 (2005 - $874,845). In our opinion, except for the effect of the City not recording the liability referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the City of Saint John Water and Sewerage Utility as at December 31, 2006 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. 1 These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of the City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, April 6, 2007. ' sip: = =' •'�:9�i?¢; v F ts;: Chartered Accountants 2 The City of Saint John Water and Sewerage Utility OPERATING FUND BALANCESHEET As at December 31 2006 2005 $ ASSETS Accounts receivable 5,009,9t, 4,381,966 Due from General Operating Fund 6,188,639'``. _4,780,081 11198,454 9,162,047 LIABILITIES AND EQUITY" Accounts payable and accrued charges::.. 2,2 1,188 2,493,479 Due to General Capital Fund 28,801 41,325 12 Other payables [note 31 695,619 526,997 Interest payable on lojig:,-term debt 379,398 419,489 Due to Water and Sewerage 6 Capital and Loan Fund 7,563,120 5,150,287 10,878,126 8,631,577 5 Equity i (note 41 320,328 530,470 11,198,454 9,162,047 See,accotqanying notesW, -LA Mix Signed on behaif'of-the Council• Mayor Chair of Finance Committee 3 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget Actual Actual (unaudited) 2006 2006 2005 Page $ $ $ Revenues Charges to customers 25,373,685 24,922,022 24,128,436 Charges to General Operating Fund [note 5] 1,575,672 3,937,1819`,_ _ 4,112,636 13 Water supply for fire protection 1,662,403 1,690,282 1,540,863 13 Storm sewerage 1,128,781 1023 854 1,104,280 905,815 2,791,184 2,714,136 2,645,143 Total revenues 28.164.869 27,636,158 26,773,579 Water supply Purification and treatment Transmission and distribution Pumping Sewerage Collection and Disposal Sewerage collection system Sewerage treat nt,.and- disposal Billing and collection Operational suppM. Engineering 13 Administration and Qemat :� 1,531,52D. 1,575,672 3,937,1819`,_ _ 4,112,636 988,801 8881127 f',731370 1,681,605 2,973;264 3,063,378 386,400 475,943 905,815 769,014 1,018,777 943,241 3.016.324 2,762,094 1,595,638 3,719,743 793,200 1,640,125 2,666,925 541,674 687,236 1,496,973 710 15 Excess of (expenses over revenues) revenues over expenses from operations (75,411) (210,142) 349,802 5 Excess revenue of previous years 75,411 75,411 42,311 5 Excess of (expenses over revenues) revenues over expenses for the year - -- (134,731) 392,113 See accomnanvine notes Ell Fiscal services Interest on long -term debt Debenture debt 2,416,884 1,989,575 2,104,490 Other long -term debt 410 410 6,870 Principal installments _ 1 7 Debenture debt 5,817,000 5,817,000 6,059,000 7 Other long- tertri `debt 20,614 20,613 318,796 Discount on debentures issued 222,525 43,469 45,621 7 Capital projects financed by the operating fund 2,756,088 217561088 1,426,296 13 Short-term financing costs [note 5] 300,000 299,179 20,114 15 Funding pension fund [note 6] 200,000 630,756 1,163,086 Infrastructure agreement reserve 17,500 17,500 17,500 11,751,021 11,574,590 11,161,773 Total expenses and fiscal services 28,240,280 27,846,300 26,423,777 Excess of (expenses over revenues) revenues over expenses from operations (75,411) (210,142) 349,802 5 Excess revenue of previous years 75,411 75,411 42,311 5 Excess of (expenses over revenues) revenues over expenses for the year - -- (134,731) 392,113 See accomnanvine notes Ell The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF EQUITY Year ended December 31 2006 2005 Equity beginning of year 530,470 180,668 Add: 4 Excess revenues over expenses (expenses over revenues) for the year (134,731) 392,113 395,739 572,781 Deduct: 4 Excess revenue of previous YdOs, (75,411) (42,311 13 Eauitv. end of vear [note 41 320,328 530,470 See accompanying notes 5 .7 5 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND BALANCESHEET As at December 31 Page Ai '` °a 2006 :;' $ 2005 $ e a. !. ASSETS Due from General Capital Fund s: -" 69,358'g.". Due from Water and Unlit Sewerage g Y Operating Fund a :;.7,563,120 S,15Q287 12 Fixed assets (note 2220,714,566 ] 207,653,953 _ 2289347,044 212,804,240 LIABILITIES AND EQUITY:,. " _ -.; ... 11 Long -term debt (note 21 Debentures 44,269,000 42,086,000 �Y. Municipal Development and Loan Board - -- 20,613 44,269,000 42,106,613 Due to General Operating Fund 12,304,443 9,027,438 Due to General Capital Fund. - -- 662 r 56,573,443 51,134,713 7 F�quity _ -,.; 171,773,601 161,669,527 212 Chair of Finance Committee 9 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 See accompanying notes 7 2006 2005 Page $ $ Equity, beginning of year 161,669,527 153,612,354 Debt repaid during the year by the Utility Operating Fund 4 Debenture debt 5,817,000 6,059,000 4 Department of Regional Industrial Expansion ... 296,750 4 Municipal Development and Loan Board 20,613 22,046 5,837,613 6,377,796 Contributions in aid of construction Federal Government 1,173,781 Fixed assets purchal sgd by the Utiliqy,�Operatfii ',,Yiind 129,140 48,814 4 Capital proj, pts finan'd6d by the Utility 'Fund Operating � ,g 2,963,540 1,630,563 6 Equity, end of'year 171,773,601 161,669,527 See accompanying notes 7 The City of Saint John Water and Sewerage Utility STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2006 2005 Source Debenture issue 8,000,000 3,500,000 Provincial government contribution 1,173,781 - -- Increase in amount due to General Capital Fund 3,277,005 7,414,620 Fixed assets purchased by Utility Operating Fund 129,140 48,814 Debt repaid by Utility Operating Fund 5,837,613 6,377,796 Capital projects financed by the Utility 20—er—ating Fund 2,963,540 1,630,563 21,381,079 18,971,793 Application Debt repayment 5,837,613 6,377,796 Capital expenditures 13,060,613 10,814,454 Increase in am. aunts due from. Water and Sewerage Utility Operating ;Rand.. Pa 2,412,833 1,779,543 General..-,: Ca ital Fund' w - . 70,020 - -- 21.381.079 18.971.793 See accompa vinR notes 0 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Financial Statement Presentation The City of Saint John Water and Sewerage Utility (t ., "Utility ") financial statements have been prepared in accordance with die fund t" mis of accounting. The Operating Fund reflects the Utility's working capital and res �,,of operations and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long -term debt. Fixed Assets and Depreciation Fixed assets are recorded at costa Funds received dii.6 gh capital assistance programs, cost sharing arrangements, or loan forgiveness 'is treated as additions to equity in capital assets. The Utility does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The Utility also- charges to operations all capital projects that are financed in the current, yeg from operating funds. Accrual ,Accounting " { °> The Utility fuflows the acial method of accounting for revenue and expenses. Accounting for va Su xp us or Deficit at the End of a Fiscal Year Section 189(4) of the Municipalities Act of New Brunswick requires that the Utility establish rates which result in a quadrennially balanced budget. Further, Section 189(5)(b) states that should a surplus or deficit exist at the end of a year, it must be spread over a four year period commencing with the second ensuing year. E The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. ACCOUNTING POLICIES (continued) Accounting Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Financial Instruments The carrying values of the Utility's financial instruments, except for long -term debt, approximate fair values because of their short -term maturity and normal credit terms. The Utility's accounts receivable do not represent significant concentration of credit risk because br,.. accounts are owed by a large number of ratepayers on normal credit terms: ;.long -term debt is arranged with the Province of New Brunswick and is nIt renekd able, the fair values of long -term debt, affected by changing,;interest rates,:,hat not beep, determined. At year -end the Utility did not have ariy`epcsure relating o derivative instruments. 10 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 2. DEBENTURE AND OTHER LONG -TERM DEBT Debenture and other long -term debt consist of the following: Year of Issue Interest Term 2006 2005 Rate Years Balance Balance 1996 3.625 to 6.625 10 - -- 255,000 1997 4.125 to 6.000 10 509,000 1,018,000 1998 5.250 to 5.625 10 ;F =;,:, 756,000 1,134,000 1999 5.200 to 5.750 lo,4 .: 1,809,000 2,412,000 2000 6.100 to 6.400a 1,252,000 1,565,000 2001 2.450 to 5.500 ` °:,, ;:. 2,120,000 2,544,000 2002 3.375 to 5.750 10 "'i;, ;,. . ': °" ''- 4,620,000 5,390,000 2003 3.050 to 5.000 10 '= k °'° 4,578,000 5,232,000 2003 2.750 to 5.125 10,., 8,876,000 10,144,000 2004 2.750 to 4.800:: 10 8,424,000 8,892,000 2005 3.750 to 4.375 10 3,500,000 2006 4.150 to 4.450 101<"'. _3;325,000 8001000 - -- Debenture Debt 44,269,000 42,086,000 Department of Regional Industrial Expansion " 11 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 2. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments required on the Utility's long -term debt in each of the next five years is as follows: $ 2007 5,962,000 2008 '`' "''`='' =_ 5,453,000 �:�'�5 2009 _ ..�, � 5,075,000 2010 =<__.: 41472,000 2011 4,159,000 :. Fixed assets include $8,030,796 (2005 - $4,48t�,556),far'urhich financing has not been arranged at the year end. 3. OTHER PAYABLES '3;'<: 2006 2005 Vacation pay 249,720 274,504 Retirement allowance " 445,899 252,493 695,619 526,997 TheVtd y has provided pr vacations earned but not paid. All employe !,,upon retirement from the City of Saint John (the "City ") are entitled to a retirement pay bonus equal to one month's pay, to a maximum of six months, for every fiv+f "years of service. The program was amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. 12 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 4. OPERATING FUND SURPLUS The surplus or deficit for each year is taken back into income over a four year period commencing with the second ensuing year. The balances remaining at the end of each year are as follows: 2006 2005 ffi $ 2002 - -- 111,096 2003 (84,996) (169,995) 2004 147 ,942 197,256 2005 392,113 392,113 2006 (134,731) - -- 320,328 530,470 5. TRANSACTIONS WITH THE CITY`OF SAINT JOHN GENERAL FUND The Water and Sewerage,`Utility Operating Fund reimbursed the General Operating Fund $x;347,000;. (2005 - $1,,332,000) for its share of general government operating -costs .In: addition, the General Operating Fund is charged for storm sewerage costs $1;02;854('2005- $1,104,280) and water supply for fire protection $1,690,282 (2005$1,540,863 ). Interest is charged on the balances between the General Fund and the Water and Sewerage'Uiility on a monthly basis. The Utility's water cost transfer is within the maximum allowable by regulation based on the applicable percentage of water system expenditures for the population. 13 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 6. PENSION PLAN A. OVERVIEW The City provides pension benefits to employees in accordance with the provisions of the revised City of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan;,is administered by a Board of Trustees, representing Common Council, Management, unionized employees and retired employees. Prior to May,,1-9940he plan was governed by The City of Saint John Pension Act, 1970 '' The - n is subject to the provisions of the New Brunswick Pensi F Benef t Aet, which became effective January 1, 1992. The plan is a defined benefit plan`whi&. provides for pensions based on length of service and rate of pay. Both thy' municipality and the employees make contributions to the plan. The City's - advibution limits are fixed by legislation at a minimum amount of 7% of empt yee earnings. The City is currently contributing at a rate of 8.1 %. of salary. Thi `City charges all of its contributions to expense in the year the contributicia is made. The amount contributed for employees funded by Water and Sewerage Utility for 2006 was $2,424,613 (2005 $550,737 ). B. ACTUARIAL INFORMATION The 2003 6bWarial valuation indicated the present value of accumulated plan betfits was $3,780,300„ and the adjusted market value of net assets aj able to provide benefits was $257,233,100 with an estimated unfunded liabit! :of $43,547,2 '00 on "a going concern basis. As at December 31, 2003, the liabilities on a solvency basis were greater than the solvency of the assets by $88 85 ±,COQ. The 2003 valuation has been updated by extrapolation to December 31, 2006 and the results indicate that the adjusted market value of the assets available to provide the benefits now exceeds present value of the accumulated plan benefits resulting in an actuarial surplus of $17,202,736 on a going concern basis. 14 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 6. PENSION PLAN B. ACTUARIAL INFORMATION (continued) This valuation relates to the entire plan which include: employees funded through both the General Fund and the Water and Sewerage Utility. Current costs and special funding payments are allocated,;o' each fund on the basis of a percentage of payroll. C. DUE TO THE PENSION PLAN The New Brunswick Pension Benefits Act require that a solvency deficiency be funded over a period of five years unless an exemption is requested to fund over a period of no more than 15 years, or the.period to December 31, 2018, whichever is shorter. This exemption has not been requested by the City of Saint John. Assuming an exemption is obtained, the maximum funding period is 15 years from December 31 2003. The minimum funding payment to fund the solvency deficiency over 15 years is 15.3% of payroll. The estimated annual solvency funding payment required for 2006 is $8,033,600:Y'(20 5 - $7,202,000). Of this amount the cost attributed to employees fun44 =,,by the Water and Sewer Utility is $1,148,001 (2005 $1,029,200). These,Ip-quired funding amounts have not been paid or recorded in During 2000:; the City of Saint John paid the plan $12,553,100 which represented regUired special funding and interest on a going concern basis, for the years 2004 d'2006. The Water and Sewerage Utility's share of this is $1,793,838 of which $1,163,083 was expensed in 2005 and $630,755 was expensed in 2006. 15 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2006 7. INTER -FUND ACCOUNTS All inter -fund accounts at December 31., 2006 represent current transactions and are in compliance with the policy established by the Department of Local Government. .. �. 'N .,,l,n:;•e'� "lNa:ie'�i +yni;.0 "f may C•, s# 16 Financial Statements The City of Saint John Reserve and Trust Funds December 31, 2006 1 Ir, q, 41 .0. '. . AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheet of the Reserve and Trust Funds of The City of Saint John as at December 31, 2006 and the statement of changes in equity for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these' 1 cial statements based on our audit. We conducted our audit in accordance with Cadiao generally accepted auditing standards. Those standards require that we plan' and perform an audit to obtain reasonable assurance whether the ;financial statements are free of material misstatement. An audit includes e1Ihig, on a testasi evidence supporting the amounts and disclosures in the fwancp "'statements_ �- An audit also includes assessing the accounting principles used: and S�ificant estimates made by management, as well as evaluating the o'rifrall financial statement presentation. In our opinion, these financial statements "gesent fairly, in all material respects, the financial position of the Reserve and Trost Funds of the City of Saint John as at December 31, 2006 and the results of its change in equity for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of the City of Saint John, and the Minister of Local Government, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of the Province of New Brunswick. Saint John, Canada, April 6, 2007 Chartered Accountants The City of Saint John Reserve and Trust Funds BALANCESHEET As at December 31 Signed on Behalf of the Council Mayor Chair of Finance Committee Reserve Funds jWt Funds Machinery and Land S.d.N.P.H. Equipment Airspace Sub- Stoekford A. Carle Bi- Future Depreciation 2049 Division Tucker Memorial O'Connell L.R, Ross Smith Centennial Development Total Total Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund 2006 2005 $ $ $ $ $ $ $ $ - $ $ $ $ _... ASSETS Cash Term deposits and bonds, at cost - -- - -- -_- 83,918 -_- 218,691 59,397 93,453 21,095 33,379 - -- 43,559 553,492 621,631 Accrued interest - -- _ -- - -- 1,323 - -- 1,323 1,300 Marketable securities, at market 185,477 - -- - -- - -_ - -- - -- _ - -_ __- 6 ___ 6 185,477 3 149,587 -- 185,477 83,915 218,691 59,397 93,453 21,095 33,379 1.329 43,559 740,Z98 772,521 LIABILITIES AND EQUITY Accounts Payable - -- - -- 33,479 - -- - -- 642 _ 34,121 4,534 Equity 185,477 50,439 218,691 59,397 92,811 21,095 33,379 1,329 43,559 706,177 767,987 185,477 83,918 218,691 59,397 93,453 21,095 33,379 1,329 43,559 740,298 772,521 See accompanying notes Signed on Behalf of the Council Mayor Chair of Finance Committee The City of Saint John Reserve and Trust Funds STATEMENT OF CHANGES IN EQUITY Year ended December 31 Reserve Funds Trust Funds Machinery and Land _ SJ.N.P.H Equipment Airspace Sub- StocldPord A. Carle tai- Future Depreciation 2049 Division Tucker Memorial O'Connell L.R. Rose Smith Centennial Development Total Total Fund Nod Fund Fund Fund Fund Fund Fund Fund Fund 2006 2005 $ $ $ $ $ $ $ S $ $ $ $ Increase in equity Increase in value of securities - -- 32,141 - -- - -- - -- - -- - -- - -- - -- - -- 32,141 - -- Inyestmmt income - -- 3,749 5,023 8,390 2,279 3,764 809 1,281 26 1,654 26,975 17,940 Contributions - -- -- 22,827 - -- - -- - -- - -- - -- - -- - -- 22,827 720 ._ 35,890 27,850 8,390 2,279 3,764 809 1,281 26 1,654 81,943 18,660 Decrease in equity Contributions to other entities - -- - -- 139,913 - -- - -- 3,764 - -- - -- - -- - -- 143,677 32,846 Contributions to Saint John Non Profit Housing - -- - -- - -- --- - -- - -- - -- - -- 269,883 Decrease in value of securities 78 - -- - -- - -- - -- - -- -- - -- --- --- 78 12,875 78 - -- 139,913 • -- -•- 3,764 - -- - -- - -- - -- 143,755 315,604 Increase (decrease) inequity during the year (78) 35,890 (112,063) 8,390 2,279 - -- 809 1,281 26 1,654 (61,812) (296,944) Equity, being of year 78 149,587 162,502 210,301 57,118 92,811 20.286 32,098 1,303 41,905 767,989 1,064,931 Eouitv. end of year - -- 185,477 50,439 218,691 59,397 92,811 21,015 33,379 1,329 43.559 706,177 767.987 See accompanying notes The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. SIGNIFICANT ACCOUNTING POLICY These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Accrual Accounting The City follows the accrual method of accounting. for revenue and expenses. 2. RESERVE FUNDS Machinery and Equipment Depreciation Fund Under Section 90 (4) of the MunicipWlt*� ;Act, Council by resolution can create an equipment replacement reserve. Contributions:to this fund are made through the operating budget of the General Fund °'Disbursements. from this fund may only be made for the acquisition of equipment `and require the approval of Common Council. Airspace 2049 Fund This furrd was established in.1985 with respect to the development of Market Square and in particular the condominium development. Upon the sale of airspace ,too allow for the: construction of the project, the proceeds were invested to allow for the reacquisition by the City of this airspace in the year 2049 when the ownership of'the, complex reverts to the City of Saint John. 2 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. TRUST FUNDS Land Subdivision Fund Section 43 of the Community Planning Act requires that", monies received by Council in lieu of land for public purposes are paid.,4 0 9, special account. Council may expend these funds for acquiring or,de 610ping land for public purposes as defined by the Community Planning Act'.11!"- Tucker Fund By an Act of the Legislature enacted Apfil 20,-,j $10,000 were vested with the City of Saint T+ income and a portion of the principal from Common Council, should be used' for the n Tucker Park. x. Stockford Memorial Fund This fund was established 'Q'j $3,000 from Fannie SC Stock be invested ..and the annual 0'C6hhQ Fund ies with a &r value of Act provided that the with the approval of and improvement of December :28, 1939 as a result of a bequest of rd of Boston, Massachusetts. This amount was to to be used towards the upkeep and This fund wWil` established. on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell ;.;The contribution was to be invested and the income distributed among the orphar"*a"'S"'^;s,6f the City on the pro-rata basis of the children cared for by each, to be given b way of a Christmas gift to each child. In October, 2004 this agreement was amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund. W" The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. TRUST FUNDS [continued] L.R. Ross Fund This fund was established in 1921 through the gift of $1;;50 and the "Ross Memorial Cup ". The cup was to be competed for ".p`a y'by amateur single MM scullers, twenty -one years or under who are residents4apt, a Maritime Provinces. The income from this Trust is to be used to provide:kdupi1lte cup for the winner of each race held. Changes to the Trust in 19$6 ;ovy allow- * the funds to be used to promote the sport of rowing within Chesty of Saint John Bpd its suburban communities, provided that $4,000 rem". in the; fund to enabJ� the "Ross Memorial Cup" to be duplicated when nxcess„: A. Carle Smith Fund a3Av. Established in September 1976, funds' were received from -the estate of A. Carle Smith. These funds are to be used for the maintenance of a wildlife sanctuary in the South Bay area. Bi- Centennial Fund These funds are to be used for. ceremonies marking the 200' anniversary of Canada in:the year. 2057. Saint John Non - Profit Housing Future Development Fund This fund was established4in 1987, on the sale by the City of the Rockwood Court Complex. By resolution of Common Council, the proceeds in excess of the amount required to 'meet the outstanding obligations of the complex, amounting to $470,726, were to be set aside and administered by Saint John Non - Profit Housing Incorporated. This fund was to be used for new housing initiatives subject to restrictions set out by the City of Saint John. 2 REPORT TO COMMON COUNCIL M & C 2007 -449 May 15th, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: CONSTRUCTION CONTRACTS PROJECTS, SCHEDULE, REPORTING AND POLICY The City of Saint john On November 19th, 2003, Saint John Common Council adopted the Tendering Policy for Construction Contracts which became effective on January 1St, 2004. In conjunction with the City Manager's policy recommendation to Council, a comprehensive and long overdue review and update of the City's General Specifications was also completed. Core Principles The tendering policy was founded on four fundamental principles: ca That the City of Saint John seeks to duly represent the public interest in the management of its public tendering process for construction contracts; ca That taxpayers /ratepayers have the right to expect the benefits of free and open competition, that is, the best goods and services at the lowest possible prices; ca That municipal tendering should duly respect the place of other stakeholders, including vendors and contractors, in the process; and ca That the values of integrity (honesty, impartiality and accountability), effectiveness (achieving the City's policy and program objectives), due process (legality, fairness, transparency and equitable access) and efficiency (timely and practical results) must be inherent in the process. PURPOSE OF REPORT The purpose of this report and presentation is to inform Council, construction industry stakeholders and, most importantly, the public on several matters related to the tendering and management of municipal construction contracts: (1) a summary of many important projects completed in recent years; (2) the planned tendering and construction contract schedule for 2007; (3) a reporting tool for the ongoing information of Council and the public on tracking progress and projects costs in a particular program year; and (4) an overview of the City of Saint John Tendering Policy for Construction Contracts. Construction Contracts — Projects, Schedule, Reporting and Policy May IS'h, 2007 Report to Common Council, M & C 2007 -149 Page 2 BACKGROUND Whv This is Imbortant In tendering for construction contracts, the City of Saint John seeks to engage the services of qualified private sector contractors towards achieving certain of its program objectives. The City has traditionally called upon these companies in carrying out its Capital programs, as well as delivering on some operational and maintenance work. Huge investments are being made to improve services in the community and to enhance quality of life for citizens. Recent years has seen major growth in Capital programs in both the General Fund and the Water and Sewerage Utility Fund. In 2007 for example, approved Capital programs totalled over $40,000,000 (across several departments) and $25,000,000 (for Saint John Water projects) respectively. Well managed private sector participation in infrastructure renewal and system upgrade projects is crucial to realizing program success; to achieving predictable results in terms of scope, quality, time and cost, and realizing the "best value" for public money. Special obligations are associated with effectively managing these publicly funded activities - to fully represent the public interest: ca Intended Purpose: Monies must be used wisely and as intended (as approved by Council) to meet the needs of the public; staff implements the direction of the elected Council. ca Optimal Use of Dollars: All work is to be undertaken efficiently and cost - effectively so as to produce optimal results and the best possible return on investment. ca Quality Standards: Public infrastructure must be constructed to an acceptable standard, one that will assure public safety and reliability for an extended service life; in most cases; infrastructure investments serve generations. ca Free and Open Competition: Taxpayers and utility ratepayers have the right to expect the benefits of free and open competition; that is the best goods and services at the best possible prices, delivered in accordance with public policy. Tendering Policy and General Specifications Considerable research went into preparing the policy recommendation and the long overdue updating of the General Specifications. Input was sought and received from the Purchasing Agent, the Legal Department, as well as various other staff. The initial review of the tendering process included research of procedures employed in other municipalities and by the Province of New Brunswick, as well as those formulated by the Association of Professional Engineers and Geoscientists of New Brunswick. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 3 Copies of tendering procedures were obtained from: the Province of New Brunswick; the City of Fredericton; the City of Moncton; the Halifax Regional Municipality; the City of Nanaimo, British Columbia (where procedures had been challenged in the courts); and the Association of Professional Engineers and Geoscientists of New Brunswick. Comments were also sought from the Saint John Construction Association. The Competition Bureau of Canada, the Federal agency with the mandate for promoting fair competition provided advice and guidance, and put on a workshop for staff. (Other municipalities also participated in the workshop.) The basic operating assumption of the Competition Bureau is that competition is good for both business and consumers. "The Competition Bureau is an independent law enforcement agency responsible for the administration and enforcement of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. Its role is to promote and maintain fair competition so that all Canadians can benefit from competitive prices, product choice and quality services. Headed by the Commissioner of Competition, the organization investigates anti - competitive practices and promotes compliance with the laws under its jurisdiction." 1 Procurement professionals in both the public and private sectors rely upon competitive bidding in the tendering of contracts. When the process works as intended, competitors set prices objectively and independently, and business, governments and consumers benefit - receiving the "best value for money ". The City Manager and the Chief City Engineer, supported by Engineering staff and the Purchasing Agent, are responsible for the maintenance and administration of the tendering process and specifications for construction contracts - in a manner consistent with the policy of Council. General Specifications are subjected to regular review and update, and include built -in provisions to encourage and consider input from stakeholders. Advice from various expert consultants is also incorporated into technical sections of the General Specifications. Liaison with Saint John Construction Association Municipal Engineering, the division with the mandate to implement Capital programs and manage construction contracts in Municipal Operations and Engineering, has participated in regular dialogue with representatives of the Construction Association. Industry input has been sought, duly considered and incorporated into processes where appropriate. Council is also aware that there has been a recent meeting with the Construction Association initiated at the request of the Mayor and that follow -up meetings are planned. 1 Competition Bureau, Canada, website - http _/ /www.competitionbureau.ac.ca Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 4 SOME IMPORTANT PROJECTS ACCOMPLISHED IN RECENT YEARS The City of Saint John has achieved major improvements to water, wastewater, transportation, storm drainage and environmental systems in recent years. Not only is progress being made on high profile initiatives such as Harbour Clean -Up and the transformation to Safe, Clean Drinking Water, but there have been significant upgrades to streets and sidewalks across the city and infrastructure renewal is moving in the right direction. While much of the on -site construction is delivered by private sector contractors, the members of Municipal Engineering responsible for these many projects deserve the utmost credit for the results being achieved. Our professional engineering and technical staff have demonstrated competence, diligence in their work and a real commitment to the public they serve. These people carry very heavy workloads; they take their responsibilities very seriously. Good People The Municipal Engineering division is headed by Brian Keenan, P.Eng. In addition to his responsibilities for management, Capital programs, and engineering standards for the City of Saint John, he has also been the technical and administrative impetus behind Saint John Harbour Clean -Up; his contributions to this enormous community effort have been second to none. The torch for the remainder of the Harbour Clean -Up effort has now been passed on to Kendall Mason, P.Eng. Other professional staff members directing the major programs approved by Council include: Jim Flogeras, P.Eng.; Dean Price, P.Eng. (lead engineer on Safe, Clean Drinking Water); Holly Young, P.Eng. (recently transferred to the Traffic and Infrastructure Development function); Brett McLean, P.Eng.; and John Campbell, P.Eng. This small group are assisted on some projects by staff from Operations. Members of technical staff also contribute in a big way to design and contract management: Rod Mahaney, CET; Paul Woodhouse, CET; Patrick Bent, Allan Smith, CET; John Granger, CET; Mark Morrison, CET; Glenn Stanton, CET; and John White. All of these people are well qualified, experienced professionals who work for the people of Saint John. They administer contracts; conduct public information sessions, liaise with citizens and businesses, provide project coordination with contractors and job site inspection, work to ensure that required standards are being achieved in the field, and are assiduously careful with the public resources they are entrusted with. The City of Saint John is fortunate to have such people working on its behalf. Ms. Young, for one, has been the lead person behind the updating and coordination of the General Specifications, supported by the other members of staff. This has been a major and very important City of Saint John accomplishment (unfortunately, one that is not given the full recognition it deserves). With her transfer to Traffic and Infrastructure Development, another person will take on the ongoing coordination role. A summary of some important projects completed in recent years (or being completed) is provided at Appendix `B ". Although all projects are important to the community and your staff, it was not practical to list in this report each and every project undertaken. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 5 Neighbourhood Projects We would emphasize that engineering is about solving problems; about dealing constructively with issues. Many matters of local concern are resolved on an ongoing basis; including, improved pedestrian crossings, dead -end water lines eliminated to improve water quality, local drainage problems corrected, community streets and utility services improved (for example, in the Old North End), and storm drainage culverts upgraded. This work is important to citizens and utility customers, and to the people in Operations responsible for servicing the public on a day -to -day basis. 2007 PLANNED TENDERING / CONSTRUCTION SCHEDULE The management and delivery of the City's Capital programs have seen a marked transformation over the past decade; not only in terms of size and funding levels, but also very significantly in the delivery of results. At one time, with much smaller programs, it was common that several programmed projects would not get implemented. Staff has worked diligently to prepare construction plans and specifications to be ready for project advertising and execution. Construction deadlines have been extended to enable better planning on the part of contractors and, hopefully, better prices. The transformation did not and could not occur overnight; there had to be changes in mindsets, patience on the part of management and Council, a much improved system of integrated, long -term Capital program planning (thanks to Milford McBrien, CET, who has developed a sophisticated in -house system), determined engineering management, the greater use of consultants and improved General Specifications. While there has been much progress made in advancing the timeliness of the tendering and construction process, staff believe that further improvement is possible. Considerations Several factors are critical to making such positive change: 1. Early approval of annual Capital programs by Common Council; no later than the end of August, but preferably sooner. 2. Adequate staff resources; presently too much is expected from too few — current arrangements are simply not sustainable. In addition to contract management, people are needed to guide /coordinate consultants hired, as well as to develop and maintain the necessary support systems. (The demand on engineering staff becomes particularly evident when our people are tied up for protracted periods resolving contract issues that should not be inevitable.) 3. Encouragement of a vibrant and expanded private sector to support municipal work, in both engineering and construction. Numerous engineering firms have entered the Saint John market in recent years, often setting up offices here; while growth in the construction industry has been more conservative. (A new company that entered the market last year has proven itself competent; it has already secured two moderately sized contracts already this year — in one case, coming in with the best of seven tender submissions.) Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 6 4. Investments in enhanced systems to support activities such as infrastructure asset management, enhanced quality standards, automated engineering records, infrastructure inspection regimes and modern survey technology are essential. The business of building and operating municipal infrastructure systems is something far more complex than simply constructing a road or installing a watermain. Attached as Appendix "C" is the planned schedule of tender advertising and tentative closing dates for 2007 construction contracts. The dates shown could be affected by various circumstances and are subject to change. REPORTING PROGRESS AND PROJECTS COSTS The system established to approve and adjust Capital program allocations has worked well in recent years. Remaining within the budget envelopes approved by Council, program managers bring forward recommendations for adjustments on a routine basis - seeking to achieve the best use of available funding levels. Occasionally, additional projects are added to a program or, for a variety of reasons, projects could be dropped. Common Council makes the ultimate decision in all such matters. Staff tries to keep Council informed on issues related to your Capital programs, particularly where project costs exceed what had been anticipated. Reports are submitted regularly. We believe that a mechanism has to be established to report on progress and project costs on a more systematic basis — in Open Session of Council. Citizens and ratepayers of the water utility deserve to know how things are going — to understand the positive and negatives experiences in the context of the overall engineering picture. It would be useful to include discussion on performance issues, concerns related to standards, particular achievements of various stakeholders and payment processes. There is currently a process in place where staff members review projects in conjunction with progress payments - the status of contracts and consultant engagements, project expenditures, and any problems or concerns associated with the work. At the end, when work has been completed and a contract finalized, the staff person responsible for the contract reports on overall contractor performance and highlights the issues that came about through the course of the work. In most cases, our engineering staff is well satisfied; occasionally, the experience is not great. Engineering staff have developed a reporting tool for the ongoing information of Council and the public on tracking project progress and costs for a particular program year. A separate report will brief you on 2006 Capital programs. It would be staff's intention to report at least twice annually; first in the fall of the year and then in the following spring to summarize results achieved. Consideration will also be given to the practicality and appropriateness of reporting on performance issues that arise from time to time in construction contracts. Construction Contracts — Projects, Schedule, Reporting and Policy Report to Common Council, M & C 2007 -149 May 15'h, 2007 Page 7 We will continue the process in place to approve and adjust Capital programs. TENDERING POLICY FOR CONSTRUCTION CONTRACTS Council's policy, the specifications for construction contracts, and the processes in place to manage contracts are fundamentally sound, producing effective outcomes. Yet, we must remain open to consultation with stakeholders towards enhancing the policy and related procedures. A regular review and consultation process is built into the General Specifications. The covering letter issued annually by the Chief City Engineer with Specifications updates contains the following: "The Specifications, including the revisions, have been prepared to provide the reader with the requirements for bidding and /or working on City of Saint John construction contracts. Comments and /or suggestions from the stakeholders (users) that will assist in enhancing current Specifications are welcomed and should be made in writing to Holly Young, P.Eng. It is the intention of the City to review comments and /or suggestions received, to consult on those ideas and to consider the submissions for future revisions to the General Specifications document." Outline: General Specifications General Specifications are organized around a series of divisions, as identified below. The first five are incorporated into each set of specification documents for construction contracts, with the remainder forming the general requirements and standards for work undertaken on behalf of the City of Saint John. Technical specifications are updated on an ongoing basis, as technologies and engineering methods evolve. 1 Project Description 2 Instruction to Tenderers and Tendering Procedures 3 Particular Specifications 4 Form of Tender 5 Form of Agreement 6 General Administration of Contract 7 Construction of Municipal Services Water & Sewerage Divisions 8 Not Allocated 9 Not Allocated 10 Water Systems 11 Sewer Systems 12 Manholes, Catchbasins & Valve Chambers 13 Excavation, Trenching & Backfill Req'ts 14 Not Allocated 15 Not Allocated 16 Not Allocated 17 Not Allocated Transportation Divisions 18 Expanded Asphalt Stabilization 19 Crack Sealing Asphalt Pavements 20 Random Riprap 21 Restoration 22 Culverts 23 Portland Cement Concrete 24 Roadway Construction 25 Chain Link Fencing 26 Landscaping 27 Asphalt Concrete 28 Chip Seal 29 Gabions 30 Clay Brick Pavers Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M& C2007- 149 Page 8 Due to the policy nature of their contents, Common Council approves Divisions 2, 4, 5 and 6, and parts of Division 7 and certain other non - technical provisions, and changes made thereto. The advice of the City Solicitor is sought in considering recommendations. The City Manager and the Chief City Engineer maintain and administer the tendering process and specifications in a manner consistent with Common Council's policy. Council has authorized in its policy that the Chief City Engineer may revise the technical provisions of the General Specifications to reflect changes in technology, methods or construction industry practices. There is a process in place to formally review these foundational terms of reference on an annual basis — prior to each new construction season. Policy and Specification Change Recommendations Find in the table below a summary of reports brought to Council since the fall 2003 on the Tendering Policy for Construction Contracts and the City's General Specifications. FM _&C # Approved Subject 2003 -310 Nov 17/2003 Tendering Process — Construction Contracts Recommendation to adopt: Tendering Policy for Construction Contracts Division 2: Instructions to Tenderers and Tendering Procedures Division 4: Form of Tender Division 5: Form of Agreement (Inform Council on staffs review of tendering process; outline proposed revisions to procedures; propose new tendering policy...) Chief City Engineer may make revisions to technical specifications 2004 -99 May 03/2004 Division 6 — General Administration of Contract Recommendation to adopt: Revised Division 6 — General Administration of Contract 2004 -314 Oct 25/2004 Tendering Process Construction Contracts — Bidders List Recommendation to receive and file: advise SJ Construction Association that City will continue its policy regarding the names of those who have taken out tender documents. 2005 -50 Feb 28/2005 General Specifications - Division 6 General Administration of Contract Recommendation to adopt: revisions to Division 6 Clause 6.19 - Maintenance Period Clause 6.19A — Response to Defect, Fault or Deficiency Identified Prior to or During Maintenance Period Clause 6.21.02 — Holdback Release Clause 6.33 — Disputes - Arbitration Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 9 FM _&C # Approved Subject 2005 -96 Mar 29/2005 General Specifications - Division 6 General Administration of Contract Recommendation to adopt: revisions to Division 6 Clause 6.19 — Maintenance Period 2006 -32 Feb 13/2006 2006 General Specifications Recommendation to receive and file: provide Council with an update regarding the 2006 General Specifications revisions 2007 -08 Jan 15/2007 General Specifications - Division 6 General Administration of Contract Recommendation to adopt: revisions to Division 6 Clause 6.18(d) — Measurement of Additional and Omitted Work (increase to 15% mark -up). 2007 -34 Feb 26/2007 2007 General Specifications Recommendation to receive and file: provide Council with an update regarding the 2007 General Specifications revisions 2007 -41 Feb 26 2007 General Specifications - Division 7 Asphalt Concrete Recommendation to adopt: revisions to Division 7 Section 27.6.02 — Basis of Payment (Payment Adjustment - asphalt binder). You will note that revisions concerning questions of policy have been brought forward for consideration and approval of Council. Some of these are the result of input and suggestions received from others. However, not every request put forward by a group such as the Saint John Construction Association can be recommended to Council. Where the ideas make sense, are in the public interest and are consistent with the core principles of the Tendering Policy for Construction Contracts, staff will generally be supportive — unless there is a compelling reason to do otherwise. Core Principles As detailed earlier, core principles are summarized as follows: ca Duly represent the public interest ca Benefits offree and open competition ca Respect the place of other stakeholders ca Values of integrity, effectiveness, due process and efficiency The responsibilities of City staff are different and can be, at times, opposite to the business goals of contractor companies. We appreciate the need for processes that respect the interests of all parties involved; however, the bottom line for staff is to ensure the interests of the public are duly represented - as the primary consideration. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 10 Saint John Construction Association It has been stated to the Chief City Engineer that there is a "serious disconnect" between his office and the Saint John Construction Association (SJCA). In a meeting held on April 25th, the Association presented a list of their concerns regarding the administration of contracts. We listened attentively to the views spoken and indicated our interest in following up. A further meeting was scheduled for May 24th In addition to countless meetings between Association members and Engineering staff through the course of each construction season, representatives of Municipal Operations and Engineering have met formally with SJCA spokespeople over the past couple of years on several occasions, most recently on January 10th and March 13th of this year. The purpose of those meetings was to receive input from the SJCA regarding the City's General Specifications and to discuss other contract related issues. Your Municipal Operations and Engineering Department, on behalf of the City of Saint John, is sincere in its desire to exchange information and ideas - with the goal of overall improvement of construction specifications and the administration of contracts. For 2007, in addition to the standard written request for feedback from stakeholders, staff requested a face -to -face meeting in January - to receive input prior to proceeding with General Specifications revisions. Prior to this, only limited feedback had been provided by contractors; notably, a letter from one contractor in February 2006. It was hoped that a meeting would aid in soliciting greater feedback. Suggestions made by the construction contractors were reflected on by our Specification Review Committee. Their two main requests going forward for 2007 were: to change the allowable mark -up on extra work from 10% to 15 %; and to implement a payment adjustment clause for liquid asphalt. Both of those priority requests were recommended for implementation by the Specification Review Committee and, through the City Manager, were brought forward to Common Council for its consideration. Following the release of 2007 General Specifications revisions, staff asked for a second meeting with the SJCA to receive feedback on those revisions. Dialogue continued and staff agreed to provide a clarification in contract specifications on the section pertaining to backfill compaction. During the January and March meetings, contractors commented that the meetings were very beneficial. We will not attempt to comment on the "list" provided at the April 25th meeting, except to say that we remain open to receiving and considering input that will improve specifications and procedures going forward. Many of the items brought up are not new and had already been the subject of discussions between the parties. We will make comments on three matters however: first, concerning integrity of the tendering process; second, engineering standards; and then, the so- called "disconnectedness" with the office of the Chief City Engineer. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 11 Integrity of the Tendering Process The Saint John Construction Association has again made a request that the City release the "Bidders List" of contractors who have taken out tender packages prior to the tender closing date. This has been a request of the local industry since 2004; they have argued that there are multiple reasons for these lists to be released. The main one comes from suppliers, especially those non -local businesses providing specialty goods and services. This matter has been discussed with the SJCA at length and considered by the City more than once. In the end, however, the notion has been rejected for reasons of integrity of the tendering process. An October 2004 report to Council, referenced above, dealt specifically with the topic of the "Bidders List ". It observed that the policy provision is found in Division 2, Instructions to Tenderers and Tendering Procedures, clause 2.3 General Conditions (6th paragraph): "The City shall not divulge the names of those who have taken out tender documents." Prior to the new policy being established in November 2003 (to be effective on January 1St, 2004), a similar statement in the previous Division 2 read as follows: "The City will not divulge the name of those who have taken out tender documents to any other bidder or organization." The intent of the two provisions is the same. For some unknown reason, however, a practice had arisen over many years that the list of firms taking out tender documents was passed on to the Saint John Construction Association. The practice was clearly contrary to the intent and purpose of this policy provision. Therefore, upon adoption of the new Policy, the requirement to maintain confidentiality was re- established. Practice had to reflect the policy intention of Council. The provision in question exists to help protect the integrity of the tendering process; it contributes to conserving the practice of free and open competition. This need to protect the tendering process and, through that, the interests of the public and other stakeholders far outweighs the desire of certain suppliers to have advance access to the names of potential bidders. Industry has alternative means of establishing working arrangements between contractors and suppliers. On this issue, the advice of the Federal Competition Bureau was unequivocal and reinforced the need to adhere to such a practice. Keeping the identities of potential bidders secret helps promote honest competition and prevent inappropriate behaviour leading up to the tender closing. Various other jurisdictions agree entirely with this thinking, although we understand that some may release the information in question. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 12 En2ineerin2 Standards When a company is awarded a construction contract, it makes a commitment and has an obligation to construct the infrastructure works to the standards specified by the owner (City of Saint John). By and large, the great majority of contracted construction work purchased by the City is of good quality, delivered on time and within budget. On occasion, performance and quality issues arise; we do not operate in a perfect world. Infrastructure that is improperly installed or poorly constructed can be expected to fail prematurely, to be problematic from a maintenance perspective and to be less than adequate in providing its intended service. One project that comes to mind involved installation of a new sanitary sewer, watermain and connections to households. Construction problems were numerous; exposed (after the fact) through the diligence of engineering staff (not involved with the project), from operational personnel responding to calls for service, or as a result of other work being undertaken in an adjacent area. ca Sanitary Service Connections: A City initiated video inspection found serious defects with 62 of 85 service connections to homes. Connections were fallen and crushed, holes rough cut, many square and most undersized. There was also infiltration (of ground water) around connections. ca Watermain Valve Chamber: Valve chamber incorrectly installed. ca Frozen Water Services: In responding to calls from citizens, operational forces unearthed problems such as water services not installed correctly and/or not to adequate depth, with no insulation. Consequently, water service lines froze. ca Improperly Placed Service Boxes: Twenty -two (22) water service boxes were not installed in appropriate locations. ca Watermain Depth: A section of watermain was found to be at a depth of only 1 m + /_; a full 1/2 metre more shallow than the (then) minimum depth standard. ca Improper Backfill: Improper backfill material was used; for example, a "large boulder" was discovered just above the new watermain. We highlight this example to illustrate that not all construction produces quality results. Engineers and inspectors working on behalf of the City need to be ever diligent. The public paid for a far better end product. When suggestions are made that standards should be altered, engineering staff must be cautious that such changes do not undermine the quality of construction being purchased. When it was requested (concerning asphalt pavements) that we "change the `air void' requirement from 3 -5% air voids to 2 -5% range ", our engineering staff and advisors had to carefully evaluate the suggestion. It was concluded that making such a change was not a good idea: "It has been shown that mixtures that ultimately consolidate to less than three percent air voids can be expected to rut and shove if placed in heavy traffic locations." Therefore, we could not agree that the "spec is currently unnecessarily tight ". Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 13 Disconnectedness Your Chief City Engineer and all of his professional engineering staff take their job responsibilities very seriously. We do not treat criticisms lightly; therefore when someone suggests a "serious disconnect" between the office of the Chief City Engineer and the Saint John Construction Association we must sincerely weigh that concern. Furthermore, when the incumbent is criticized publicly, it is important that we understand why. Another consideration for such commentary involves the motives of some people. Our assessment of any so- called disconnectedness must go back to understanding the fundamental principles the City is striving to achieve in the tendering and management of its construction contracts: ca Duly represent the public interest ca Benefits offree and open competition ca Respect the place of other stakeholders ca Values of integrity, effectiveness, due process and efficiency When a SJCA member company is held accountable for poor quality work or where their personnel do not adequately attend to the needs of citizens /motorists/businesses impacted by construction or when City staff are not treated with the respect they are due or when they attempt to pass off poor administration on their part to the City; the position of the Chief City Engineer and his representatives will be clear. A consequence, regrettably, could be that one or more people may not care for the Chief City Engineer. When the Chief City Engineer and/or the Purchasing Agent insist on procedures to promote and maintain fair competition so that the public benefits from competitive prices, good choice and quality services; one should expect all stakeholders to be fully supportive — for the good of citizens, suppliers and the industry itself. As is the case in working with any contract, collective agreement or other business agreement, the best results are achieved when the legitimate interests of all parties are duly respected. If members of the Construction Association believe their interests need greater attention, we do not hesitate in saying that we are open to a healthy, respectful dialogue. Your representatives expect exactly the same in return. Advice given by a very experienced owner of a consulting firm about relationships with contractors went something like this, respectfully: "always remain at arms length ". Your Chief City Engineer is not a friend of contractors, although he holds in the highest regard those firms and people who produce quality results and who conduct themselves in a professional, business -like manner. We do not accept gifts (of any size); we frown on invitations to social events. On the other hand, we want effective business relationships; we want procedures to be efficient and productive; we want to know that our construction industry counterparts seek to work with us, albeit in very different roles. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 14 The Chief City Engineer and engineering staff will strive to bridge any disconnectedness that might be perceived. In doing so, we will not cower to threats or engage in any sort of base "intrigue ". Some of the feedback sifting back from certain "players" would suggest that some motives could be less than honourable. As should always be our approach, we will remain focused on our responsibilities, as representatives of the City, and will continue to work towards achieving the best possible results for the people of Saint John. Your staff looks forward to good dialogue with the Saint John Construction Association and are committed to a working environment that respects the place of all stakeholders. Making Recommendations on Tender Awards Let us be clear with respect to our professional responsibilities in recommending tender awards; your staff, from the City Manager on to the men and women in the service of the City, make recommendations in accordance with the policies established by Council and standards expected of our professions. Our sole motivation is to deliver quality service to the public - at the best possible price. A detailed tender evaluation is undertaken in preparation for each recommendation of a construction contract to Council; specifically in accordance with the privilege clause 2.18 of Division 2 of the General Specifications. In that provision the City of Saint John reserves the right to reject any or all tenders, or accept a tender other than the lowest tender and to accept the tender deemed to be in the best interests of the City. A tenderer's experience, ability and resources are important considerations. Information requested in Division 4 Form of Tender is an integral part of the tender evaluation process. The City also reserves the right to award tenders based on factors including quality, delivery and service capability, other relevant criteria and price. When making a recommendation for a tender award, the following is considered:2 ca The tenderer's financial status. ca The tenderer's experience with performing the type and scope of work specified including the tenderer's experience in the capacity as a general contractor. ca The tenderer's ability to complete the work within the time frame specified. ca The tenderer's ability to work with the owners, consultants and representatives. ca The tenderer's ability to effectively manage and do the work using the named supervisory staff, construction plant, subcontractors and suppliers. ca The tenderer's past performance on previous contracts with respect to quality of work, adherence to specifications, scheduling, changes in the work and force account work. Z City of Saint John General Specifications, Clause 2.18, Division 2, Instructions to Tenderers and Tendering Procedures Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 15 ca The total overall cost to the City of Saint John, which shall consider the City's costs to provide contract inspection, supervision and administration services. If, after due consideration of the above criteria, staff believe that a tenderer is appropriate or not appropriate for the particular project being considered, we are obliged by Council policy to make such a recommendation. Council makes the ultimate decision on the tender award and staff carries on to implement that decision, whatever it may be. Staff presents its recommendations via public reports to Common Council and do not engage in any form of separate lobbying of decision makers. We take these responsibilities most seriously; we will continue to objectively evaluate tender submissions and make recommendations to Council that we believe are appropriate and in the best interest of the Saint John public. CONCLUDING REMARKS Your staff looks forward to working constructively with all stakeholders in the ongoing development of municipal infrastructure systems and the enhancement of services to the public. In doing so, we remain steadfast in the pursuit of quality results, high engineering standards and the best value for public money. RECOMMENDATION It is recommended that Common Council consider the presentation of staff on this report and that this report be received and filed. Respectfully submitted, J.M. Paul Groody, P.Eng. Chief City Engineer and Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 16 City of Saint John TENDERING POLICY FOR CONSTRUCTION CONTRACTS PREAMBLE APPENDIX "A" Whereas the City of Saint John seeks to duly represent the public interest in the management of its public tendering process for construction contracts; And whereas taxpayers /ratepayers have the right to expect the benefits of free and open competition, that is, the best goods and services at the lowest possible prices; And whereas municipal tendering should duly respect the place of other stakeholders, including vendors and contractors, in the process; And whereas the values of integrity, effectiveness, due process and efficiency must be inherent in the process; Common Council establishes this tendering policy for construction contracts. POLICY AND APPLICABLE STATUTES Persons and /or companies that submit tenders for construction contracts are deemed to have understood and agreed to the requirements of this policy and all applicable tender documentation, as well as all applicable Municipal by -laws and Federal or Provincial statutes. Applicable federal and provincial statutes include, but are not limited to: the Canada Competition Act; the New Brunswick Public Procurement Act, the New Brunswick Crown Construction Act; and the New Brunswick Municipalities Act. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 17 APPLICATION OF POLICY The City of Saint John seeks to optimize fair, open and independent competition for municipal construction work and to afford interested and qualified contractors the opportunity to seek the business. This policy has been established for construction contracts valued in excess of $25,000 (before HST). The procedures detailed herein shall apply to all publicly advertised tender calls issued on behalf of the City of Saint John for construction contracts, but do not apply to publicly advertised tenders for the supply of goods and /or services or to invited bids or calls for proposal. The following divisions of tender specifications for construction contracts form part of this policy: Instruction to Tenderers and Tendering Procedures (Division 2); Form of Tender (Division 4); and Form of Agreement (Division 5). PUBLIC NOTICE OF TENDER/TENDER ADVERTISEMENT A public notice of tender shall be issued for all construction contracts valued in excess of twenty - five thousand dollars ($25,000). The notice shall state the contract number, a brief description, the date and the time for the closing of tenders, the location of the locked box for receipt of tenders, and the date, time and location of the tender opening. TENDER DOCUMENTATION The following documentation shall be provided to those persons or companies who wish to submit a tender, at an appropriate cost as determined by the Chief City Engineer: 1. Division 1: Project Description — as determined by the Chief City Engineer or his designate; 2. Division 2: Instruction to Tenderers and Tendering Procedures — forming part of this policy; 3. Division 3: Particular Specifications - as determined by the Chief City Engineer or his designate; 4. Division 4: Form of Tender - forming part of this policy, and including a Certificate of Independent Tender Determination; 5. Division 5: Form of Agreement- forming part of this policy; 6. A notice that Division 6: General Administration of Contract and Division 7: General Specifications for Construction of Municipal Services of the General Specifications of the Municipal Operations & Engineering Department apply to all contracts, and that it is the responsibility of the tenderer to familiarize himself with the provisions in Divisions 6 and 7, as well as those of any other division in the General Specifications determined by the Chief City Engineer or his designate to be applicable to the contract; and 7. Applicable contract drawings, as determined by the Chief City Engineer or his designate. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M& C2007- 149 Page 18 TENDER PROCESSING Tenders shall be received and processed in accordance with the provisions set out in Division 2: Instruction to Tenderers and Tendering Procedures. TENDER OPENING COMMITTEE A tender opening committee is hereby established, consisting of a chairman and two members, as follows: Chairman: Purchasing Agent or his designate Member: Chief City Engineer or his designate Member: A member of staff designated by the City Manager The committee shall proceed in accordance with the provisions set out in Division 2. TENDER REJECTION AND AWARD OF CONTRACT The City of Saint John reserves the right to reject any or all tenders, or to accept a tender other than the lowest tender and to accept the tender deemed to be in its best interests, based on evaluation of relevant criteria, including quality, service and price. Common Council shall make the decision as to whether or not a contract shall be awarded and to whom it will be awarded. GENERAL SPECIFICATIONS The Chief City Engineer may, from time to time, revise the technical provisions of the General Specifications to reflect changes in technology, methods or construction industry practices. APPROVAL AND EFFECTIVE DATE This policy, adopted by Common Council on November 19th, 2003, shall become effective on January 1St, 2004. Information Note: The Tendering Policy for Construction Contracts is found at pages 2 -9 to 2 -11 of Division 2 — Instructions to Tenderers and Tendering Procedures — of the General Specifications. Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 19 Appendix `B" SOME OF THE IMPORTANT PROJECTS COMPLETED IN RECENT YEARS Location Project Lead Approx Approx Description Engineer Dates Cost Churchill Boulevard New gravity sewer to Churchill B Keenan 2001 $3.447M Boulevard Sanitary Pumping Station (Harbour Clean -Up Project) Full street and sidewalk reconstruction J Flogeras 2003 $0.134M Churchill Heights New 750,000 Imperial Gallon elevated D Price 2005 $2.500M (West Water System) water storage reservoir (Safe, Clean Drinking Water Project) Crown Street Watermain and sanitary sewer renewal B McLean 2005 $0.100M Full street and sidewalk reconstruction, B McLean 2005 $1.226M including storm sewer installation Eastern Wastewater Design of the new 35,000 m3 secondary B Keenan 2006 $1.950M Treatment Facility level wastewater treatment facility (Harbour Clean -Up Project) Eastern Water PRVs, valves and connections for D Price 2004 $1.525M Distribution System reconfiguration of Eastern water system (Safe, Clean Drinking Water Project) Fairville Boulevard Watermain and sanitary sewer renewal H Young 2005 $1.734M Full street and sidewalk reconstruction, H Young 2005 $2.717M storm sewer installation (MDHProgram) Falls View Drive New 600mm watermain for Saint John D Price 2004 $0.224M (at Reversing Falls) and West reconfiguration Riverview Avenue West (Safe, Clean Drinking Water Project) Full street and sidewalk reconstruction J Flogeras 2002 $0.342M Howe's Lake Landfill Site Environmental closure of old landfill K O'Brien 2006 $2.075M King St / City Hall Plaza Watermain and sanitary sewer renewal J Flogeras 2003 $0.134M Extensive sidewalk improvements, J Flogeras 2003 $0.697M including brick medians Lancaster Avenue / Renewal of 900m of 400mm and 600mm B McLean 2005 $1.127M Main Street West watermain (Safe, Clean Drinking Water Project) Lancaster Standpipe New 1.2 million Imperial Gallon water D Price 2002 $1.923M storage reservoir / standpipe (Safe, Clean Drinking Water Project) Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 20 Location Project Lead Approx Approx Description Engineer Dates Cost Loch Lomond Road Storm sewer, resurfacing,; extensive J Flogeras 2003 $2.878M street and sidewalk reconstruction and repairs (MDHProgram) New 600mm transmission main D Price 2006 $3.300M (Safe, Clean Drinking Water Project); watermain and sanitary sewer renewal Lakewood Heights Construction of new pumping / metering D Price 2001 $1.335M Water Pumping Station station, and elimination of "bone yard" (Safe, Clean Drinking Water Project) Latimer Lake Electrical systems and structural upgrade B McLean 2007 $1.900M Water Treatment Plant of chlorination facility; watermain; flow meters, sampling and injection chambers (Safe, Clean Drinking Water Project) MacLaren Boulevard / Water and sanitary facilities renewal; H Young 2003 $2.102M Taylor Avenue area storm separation (Harbour Clean -Up Project) Mark Drive Bypass Road Full street and sidewalk construction of J Flogeras 2000 $2.745M bypass road (Commerce Drive and Consumers Drive) McAllister Drive Full street and sidewalk reconstruction, J Flogeras 2002 $1.650M including storm sewer installation (Loch Lomond Road to Aliant location) Water and sanitary sewer renewal H Young 2006 $1.185M (Rothesay Ave to Majors Brook Dr) Full street and sidewalk reconstruction, H Young 2006 $1.673M including storm sewer installation (Rothesay Ave to Majors Brook Dr) Millidge Avenue Water and sanitary sewer renewal K O'Brien 2003 $0.341M Full street and sidewalk reconstruction, K O'Brien 2003 $0.944M including storm sewer installation Millidgeville Wastewater Installation of new sludge processes B Keenan 2000 $2.170M Treatment Plant (Harbour Clean -Up Project) Plant upgrade and expansion B Keenan 2006 $7.466M (Harbour Clean -Up Project) Mount Pleasant Ave East Water and sanitary sewer renewal B McLean 2004 $0.981M Full street and sidewalk reconstruction, B McLean 2004 $0.419M including storm sewer installation Old Black River Road Install 1370m of new 200mm sanitary B McLean 2006 $0.824M sewer Full road and sidewalk reconstruction B McLean 2006 $1.756M Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 21 Location Project Lead Approx Approx Description Engineer Dates Cost Pipeline Road East Installation of 2575m of 1050mm D Price 2004 $3.809M transmission main near Latimer Lake; K Mason elimination of Phinney Hill chamber (Safe, Clean Drinking Water Project) Pipeline Road West Install 2400m of new 600mm D Price 2006 $2.207M transmission main as part of the reconfiguration of the West water system (Safe, Clean Drinking Water Project) Rothesay Avenue Watermain and sanitary sewer renewal J Flogeras 2005 $3.563M Full street and sidewalk reconstruction, J Flogeras 2005 $6.022M including storm sewer installation (MDH Program) Russell Street / Installation of 1400m of new 750mm D Price 2002 $1.719M Thorne Avenue transmission main (Safe, Clean Drinking Water Project) Sandy Point Road Full road reconstruction; watermain and D Price 2003 $6.330M (University Avenue to sanitary sewer installation; University Kennebecasis Drive) Avenue Water Pumping Station (Drinking Water /Development Project) Sandy Point Road (Hazen Full street and sidewalk reconstruction, H Young 2004 $0.806M White - St. Francis area) including storm sewer installation Spar Cove Road Water and sanitary renewal, and new K O'Brien 2003 $0.732M forcemain (Harbour Clean -Up Project) Full street and sidewalk reconstruction K O'Brien 2003 $0.689M Spruce Lake Landfill Site Environmental closure of old landfill D Harvey 2002 $2.092M Spruce Lake Water Refurbishment of critical electrical and B McLean 2007 $0.300M Treatment Plant mechanical systems (Safe, Clean Drinking Water Project) Watermain Cleaning and Clean and line 2000m of unlined cast J Campbell 2006 $0.400M Lining iron watermain to improve water quality, fire flows and pressures (Safe, Clean Drinking Water Project) Water Street Water and sanitary renewal, including J Flogeras 2006 $0.552M Prince William Street Full street and sidewalk reconstruction, J Flogeras 2006 $3.200M storm sewer installation, including storm sewer on Prince William Street (Waterfront Development Project) Western Water Installation of PRVs, valves and D Price 2005 $0.798M Distribution System connections, for reconfiguration of Western Water Distribution System (Safe, Clean Drinking Water Project) Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 22 Appendix "C" 2007 PLANNED TENDERING / CONSTRUCTION CONTRACT SCHEDULE Project Summary Description Submission Tender Tender Ad Closing Note: * contract awarded Note: dates shown are tentative and subject to change *Albert St and Elgin St Street and sidewalk reconstruction; renew (both Newman to Victoria) watermain and sanitary sewer on Elgin Mar 8 Apr 11 *Bay Street (at cross culvert New 1800mm concrete culvert across Bay location) Street to supplement existing culvert and Mar 15 Apr 18 improve storm water handling capabilities *Champlain Drive (York Street and sidewalk (west side) reconstruction Street to Civic #94) Mar 22 Apr 24 *Greenhead Road (Russell 125m of new 300mm and 450mm storm Hill Road to Mosquito Cove) sewer for separation Mar 22 Apr 24 *Busby Street Installation of sanitary lift stations and forcemains to eliminate minor sewage outfalls Mar 29 May 1 *Loch Lomond Road Partial road reconstruction, shouldering, cold (Garnett Rd to Charles St E) milling, resurfacing, some storm sewer, curb, Mar 29 May 2 new sidewalk, landscaping (MDHProgram) Red Head Road (Bayside Major road reconstruction, with extensive Drive to Red Head Marsh) slope stabilization, watermain and major sanitary forcemain, lift stations Apr 5 May 9 (Harbour Clean -Up Project) Loch Lomond Road — Seals New seals for 900mm transmission main; (Hickey Rd to Lakewood completion of multi -phase program to leak Apr 5 May 9 Heights Subdivision proof major transmission main Manawagonish Road • New 300mm watermain as dedicated feed (Fairville Boulevard to Ridge for Churchill Heights Storage Reservoir - Row) reconfiguration of West water system (Safe, Clean Drinking Water Project) • Watermain and sanitary sewer Apr 12 May 15 • Major street and sidewalk reconstruction, drainage control, landscaping and 340m of new 300mm and 375mm storm sewer for separation (MDHProgram) Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 23 Project Summary Description Submission Tender Tender Ad Closing Millidge Street (Moore Full street reconstruction, new sidewalk, Street to Paradise Row) storm drainage, retaining wall Apr 19 May 23 Asphalt Resurfacing Annual asphalt maintenance resurfacing (various city streets) program Apr 19 May 23 Expanded Asphalt Annual expanded asphalt stabilization Stabilization (various program Apr 26 May 30 eligible city streets) Prince Street (Ludlow Street ■ Prince Street: install 350m of new 300mm to Civic #232) and and 375mm storm sewer for separation Westmorland Road (civic ■ Westmorland Road: curb, sidewalk, Apr 26 May 30 #152 between Kilburn Ave retaining wall, landscaping (north side) and Northumberland Ave) Watermain Cleaning and Cleaning and lining of 4.7km of existing caste Lining - Phase 2 iron watermain to improve water quality, fire May 3 Jun 5 (North area of Saint John) flows and pressures in the area Somerset Street RDH Full street and sidewalk reconstruction; (Barker St to Wellesley Ave) deferred - no Provincial PDH funding -4 6 Marsh Street (Frederick Renew existing valves and chambers on Street to Forest Street) 900mm transmission main; renew butterfly May 3 June 6 valve and air valve on 500mm watermain Chip Seal (various eligible Annual chip seal program city streets) May 3 Jun 6 Mountain Road Full street and sidewalk reconstruction, storm (Westmorland Road to sewer, landscaping; to commence street May 10 Jun 12 Mountain View Drive) reconstruction in Forest Hills Subdivision MacLaren Boulevard Full street and sidewalk reconstruction, with (Taylor Avenue to Sandy landscaping and neighbourhood enhancement May 10 Jun 13 Point Road) Storm Water Management Renew existing cross culverts and guide rails - Glen Falls (Glen Road and to improve storm water handling capabilities May 10 Jun 13 Simpson Drive Extension) in the area and public safety Pipeline Road East (Latimer Install 270m of new 1050mm transmission Lake screen house to old Dry main, chlorine injection chambers and May 17 Jun 19 Lake Chamber location) chlorine sampling chambers Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 24 Submission Tender Project Summary Description Tender Ad Closing Watershed Protection Construction of facilities to protect (various locations) watersheds from runoff from highway May 17 Jun 19 hazards Howes Lake Landfill Site Landfill site closure - Phase IV May 17 Jun 20 Water Distribution System Install new watermain, fire hydrants, and — Water Quality valves to eliminate dead -ends and address May 17 Jun 20 (Dunn Avenue area) water quality issues in distribution system Latimore Lake Road Curb, sidewalk, drainage control, (Lackie Rd to Bustin Blvd) landscaping, paving — Phase 2 of 6 May 24 Jun 26 Station Street (Station St to Structural lining of 370m of existing 250mm Paradise Row / Hilyard St) and 300mm watermain under the Saint John May 24 Jun 27 Throughway between Station Street and the Paradise Row / Hilyard Street area Hillcrest Road (Civic #600 Road reconstruction, with drainage control, to Civic #967) ditching, road widening, expanded foam May 24 Jun 27 asphalt resurfacing Old Black River Road (at Intersection realignment, including 155m of Grandview Avenue new 300mm storm sewer, road widening, intersection) curb /gutter, cold milling, landscaping, paving; May 31 Jul 3 subiect to internal engineering resources Rothesay Avenue Complex Installation of automatic electrical transfer switch and all necessary appurtenances as May 31 Jul 3 upgrade to the existing electrical system Karen Street (between civic Install 160m of new 200mm sanitary sewer to #147 and Sharon Avenue) extend system and redirect —11 laterals from May 31 Jul 4 existing sanitary sewers behind properties Saint John East Manhole Phase 11 rehabilitation of sanitary system Rehabilitation (Champlain manholes to correct ground water / storm May 31 Jul 4 Hgts / Industrial Parks East) flow infiltration, based on the previous study Crack Sealing (various city Annual asphalt crack sealing program streets) Jun 7 Jul 11 Watermain Cleaning and Cleaning and lining of 7.0km of existing caste Lining iron watermain to improve water quality, fire Jun 7 Jul 11 (Phase III — Fundy Heights) flows and pressures in the area Construction Contracts — Projects, Schedule, Reporting and Policy May 15'h, 2007 Report to Common Council, M & C 2007 -149 Page 25 Submission Tender Project Summary Description Tender Ad Closing Bayside Drive (Civic #450 to Road reconstruction to correct super- elevation Little River Bridge) of the road for safety reasons; subiect to Jun 14 Jul 15 internal engineering resources Manchester Avenue (under New culvert under NB Southern tracks to NB Southern Railway line improve area storm water handling; subiect Jun 21 Jul 24 near Manchester Avenue) to a cost sharing agreement being reached Gault Road (at Gault Road Electrical upgrades to sanitary lift station Jun 21 Jul 25 sanitary lift station) Rothesay Road PDH #100 Storm sewer, road and sidewalk construction 4u1-5 Auk$ (RR overpass to Colony Rd) deferred - no Provincial PDH funding Westgate Park (at Westgate Upgrade sanitary lift station and forcemain Park sanitary lift station) system to improve service and support Jul 12 Aug 15 growth, in accordance with study Cedar Point Subdivision (at Upgrade sanitary lift station handling capacity Jul 19 Aug 22 Cedar Point sanitary LS) to support growth, in accordance with study Lancaster Lagoon Remove accumulation of sludge from the Wastewater Treatment Plant bottom of the lagoon Jul 19 Aug 22 Flow Monitoring (Water Installation of system meters for monitoring Distribution System) of flows and data collection on distribution Jul 26 Aug 29 system - in accordance with Water Strategy Water Street Phase III reconstruction - enhanced parks, (between Saint Patrick Street streetscapes including St. Andrew's Park, Sep 20 Oct 24 and Broad Street) Three Sisters Park, and Pugsley Park (Waterfront Development Project) Eastern Wastewater Construction of new 35,000 m3 /day sewage Treatment Facility treatment plant, with extended outfall Sep 27 Nov 8 (at Hazen Creek) (Harbour Clean -Up Project); subiect to completion of environmental assessment Reversing Falls Bridge Renew 475mm watermain with 2 new 600mm (East -West water system mains, as part of water system reconfiguration Oct 11 Nov 21 connection) (Safe, Clean Drinking Water Project) Thorne Avenue Lift Station Major new sanitary lift station and related #4 (at Marco Polo Bridge) forcemains and collector sewers Oct 25 Nov 28 (Harbour Clean -Up Project) Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Hughes Surveys & Consultants, Inc. on behalf of Jessie Williston and McLennan Sales a Division of EMCO Corporation Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street Postal Code / Code postal E2L 5E9 Telephone Number / Numdro de tdldphone Home / Domicile Work/ Travail 634 -1717 Fax Number / Numdro de tdldcopieur 634 -0759 Name of Property Owner (if different) / Nom du propridtaire (si diff6rent) Jessie M. Williston Address / Adresse299 Golden Grove Road Postal Code / Code postal E2H 2V5 Property Information / Renseignements sur la proprkte Location / Emplacement 299 and 303 Golden Grove Road 00436725 & 55153217 Civic # /No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Both lots: 77,634 square metres, To be rezoned: 2,910 square metres Street Frontage / Facade sur rue Both lots: 330 metres To be rezoned: 15 metres Existing Use of Property / Utilisation actuelle de la propridtd Residential 55153217 and Industrial 00436725 Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal Low Density Residential Present Zoning / Zonage actuel RS -2 and I -1 Amendments Requested / Modifications demandeus Municipal Plan / Plan municipal QChange Land Use Designation to / Modifier la ddsignation de l'utilisation des terres ik Light Industrial and/or / ou Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arr&d sur le Zonage Q Change Zoning to / Modification du zonage A I -1 (Parcels A, B and C only) and/or / ou 7 Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les d6tails en annexe) Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition As shown on the enclosed plan, the owner 121ans to adjust the boundary line between PID00436725 and 55153217 and then subdivide each of the properties It is proposed that Parcels A. B and C be rezoned from RS -2 to I -1 in order to be the zoned the same as the lots to which they are being joined You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site a 1'echelle illustrant votre proposition. Yous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propriete, l'emplacement de la totalite des batiments, des allies, des aires de stationnement, des aminagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les batiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes. There is alread an industrial use in place at 303 Golden Grove Road and the rezoning of Parcels A and B would allow them to-slightly expand their vard and opgrate their business in compliance with the I -1 zoning standards. The rezoning-of Parcel C is re guested so that the new lot will not be divided by a zoning line. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait Ctre utile. It is anticipated that Section 39 conditions will be imposed upon Parcels A and B at this time. Conditions for Parcel C can either be imposed now or at a later date when a specified uroposal is made. If the Cijy wishes to defer imposing conditions at this time we propose that future development of the site be subject to a 9@Mton amendment. Signature of Applicant / Signature du demandeur Date ❑ $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Fee was submitted with original application Ifyou are not the owner of the land in question Si vous nVies pas le proprietaire du terrain en question please have the owner sign below. 77te signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is cl- dessous. La signature du proprietaire autorisant le required for consideration by Common Council. traitement de la presente demande est requise pour que Signature of Owner (if applicable) cette derniere soft examinee par le conseil communal. Signature due propridtaire (s'il y a lieu) Date: Jessie M. Williston Signature of Co- applicant and Lessee Date: McLennan Sales, a Division of EMCO Corporation Feb. 8 107 17:13 FAX P. 2 -•FEB.-7-4 -2007 THU 04101 PM HUGHES SURVEYS FAX NO. 634M )o )o P, 02 „�f /0 /a7 11>>D 17;14 FA= aidd4dZ4d8 EXCO CORPORATION ��03 Applitation for a Muuk#W plw ud Z40no Dy4sw Amendawt nde rye modtficatiolll su pm AuuiOpd et' parrltA Sur III wasp R4&W Woraa tlon / ReadpaMW a ww b dmaodw �. New of Apftsnt / NM du dMAM00 COW= Inc. an hghA" and hkL a= Slim A Divisim of I= c ? XoWq Adi= of opplkm 1 Addrm pu*9 441 damsa wr ;25 Q= street _4„F'"w Cady 1 C040 pone E12L 589 r FAX 3Ywdw ! 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"Kdliagm dos tazrne 3 �.�y�,•,,�uahiel JOT44 MmdaA w ("am pat*.uti en atiec►+:l � �pdiflaatioa dot tsa4 004 *ft log dktw ea SAWU) II lama >3,v-i,w/ Arratd wr Is Zoaspa } chlop ?aRw to / W" CAW 4u =4p 1� and/or / ou ; of 'tsar Ammdnww fladie U prdma* on tativasW MmdlllartW due wto Ondi*pa Its 4&WJt to i ,1 Feb. B '07 17:12 FAX P. 1 1" Vu vvi ilju uIT+UG l!l llUul "1C0 w�UnvC fa PHA NU. bd4Ui PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 303 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial, as illustrated below: (INSERT MAP) 2. Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: "yy) a parcel of land with a total area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217." PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 303, CHEMIN GOLDEN GROVE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1e plan d'am6nagement municipal et 1'arrdte sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra le mardi 22 mai 2007 a 19h, en apportant les modifications suivantes : 1. Reclassification, a 1'annexe 2 -A du plan d'amdnagement futur des terres, d'une parcelle de terrain d'une superficie approximative de 11,478 metres cams, situee au 303, chemin Golden Grove, portant le NID 00436725 et dtant aussi une partie du NID 55153217, de zone residentielle s faible densit6 a zone d'industrie legere, comme le montre la carte ci- dessous : (INSERER LA CARTE) 2. L'ajout des parcelles de terrain suivantes a la liste de zone a industrie legere a titre de developpement approuve � l'alinea 2.4.7.15 : yy) une parcelle de terrain d'une superficie d'environ 11 478 metres carrels, situee au 303, chemin Golden Grove, portant le NID 00436725 et etant aussi une partie du NID 55153217. >> 3. Rezoning those portions of the site currently 3. Modification du nonage des portions du site zoned "RS -2" One and Two Family Suburban presentement designe zone residentielle de Residential to 11I -1" Light Industrial. banlieue — habitations unifamiliales et bifamiliales «RS -2» it zone d'industrie legere « 1 -1 w REASON FOR CHANGE: To recognize the long- standing light industrial use of the property. 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. MOTIF DE LA MODIFICATION: La reconnaissance d'une utilisation de longue date de la propriete comme zone d'industrie legere. Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a 1'hotel 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 les fours f6ries. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a Yh6tel de ville. J. Patrick Woods, greffier communal, 658 -2862 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 303 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: Redesignating on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 4,524 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial, as illustrated below: (INSERT MAP) Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: "yy) a parcel of land with a total area of approximately 4,524 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217." 3, Rezoning those portions of the site currently zoned "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial. REASON FOR CHANGE: To recognize the long - standing light industrial use of the property. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m,, Monday through Friday, inclusive, holidays excepted. Written objections to the amendment maybe sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 303, CHEMIN GOLDEN GROVE Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention de modifier le plan d'amdnagement municipal et FarrW sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra le mardi 22 mai 2007 a 19 h, en apportant les modifications suivantes Reclassification, a l'annexe 2 -A du plan d'amenagement futur des terres, d'une parcelle de terrain d'une superficie approximative de 4,524 metres carres, situde au 303, chemin Golden Grove, portant le NID 00436725 et etant aussi une partie du NID 55153217, de zone residentielle a faible densiO a zone d'industrie legere, comme le montre la carte ci- dessous : (INSERER LA CARTE) 2. L'ajout des parcelles de terrain suivantcs a la liste de zone a industrie legere a titre de ddveloppement approuvd a 1'alin6a 2.4.7.15 : <<yy) une parcelle de terrain d'une superficie d'environ 4 524 metres carr6s, situ6e au 303, chemin Golden Grove, portant le NID 00436725 et 6tant aussi une partie du NID 55153217.)) Modification du zonage des portions du site pr6sentement design zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone d'industrie 16gere << I -1 ». MOTIF DE LA MODIFICATION: La reconnaissance d'une utilisation de longue date de la propri6t6 comme zone d'industrie 16gere. Toute personne int6ress6e peut examiner la modification propos6e au bureau du greffier communal ou au bureau de l'urbanisme et du ddvcloppement A 116tel de ville sited au 15, Market Square, A Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri&s, Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a l'hotel de ville. J. Patrick Woods, greffier communal, 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget 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): April 24, 2007 May 15, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal fix,. Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 303 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 4,524 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial, as illustrated below. 2. Add the following to the list of Approved Light Industrial Developments in sub- section 2.4.7.15: "yy) a parcel of land with an area of approximately 4,524 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217." (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 26, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To recognize the long- standing light industrial use of the property. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 28, 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. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 303, CHEMIN GOLDEN GROVE Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'dtudier la modification du plan d'am6nagement municipal comme suit: 1. ]a reclassification, a I'annexe 2 -A du plan d'am6nagement futur des terres, d'une parcclle de terrain dune superficie approximative de 4 524 metres carrels, situde au 303, chemin Golden Grove, portant le NID 00436725 et des portions du NID 55153217, de zone residentielle a faible densiti a zone d'industrie ligere, comme le montre la carte ci- dessous. 2. Ajouter les parceles de terrain suivantes a ]a liste de zones a industrie leg8re a titre de developpement approuvd a 1'alin6a 2.4.7.15: yy) une parcelle de terrain d'une superficie d'environ 4 524 metres carrels, situde au 303, chemin Golden Grove et faisant partie du terrain portant le NID 00436725 et des portions du NID 55153217. » (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 26 Uvrier 2007 dans la salle du conseil de 1'h6tel de ville, au niveau du hall d'entrde. MOTIFS DE LA MODIFICATION: La reconnaissance d'une utilisation de longue date de la proprieltd comme zone d'industrie ldgere. Veuillez faire part au conseil par dcrit de vos objections au projet de modification au plus tard le 28 mars 2007 a 1'attention du soussignd. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du ddveloppement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement -SJTJ Classifieds Date(s): Tuesday, February 13, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Grcffier 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: ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : The Municipal Plan By -law of The L'arret6 relatif au plan municipal de City of Saint John enacted on the 3rd day The City of Saint John 6dict6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial classification. 2 Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: yy) a parcel of land with an area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217. - 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. 2006 and signed by: Mayor/Maire 1 la modification de 1'annexe 2 -A relative au plan d'am6nagement futur des terres, afin de faire passer la d6signation dune parcelle de terrain dune superficie d'environ 11 478 metres carr6s, situ6e au 303, chemin Golden Grove, portant le NID 00436725 et 6tant aussi une partie du NID 55153217, de zone r6sidentielle a faible densit6 a zone d'industrie 16g6re. 2 L'ajout des parcelles de terrain suivantes a la liste de zone a industrie ldgbre A titre de ddveloppement approuvb 6 1'alin6a 2.4.7.15 : yy) une parcelle de terrain dune superficie d'environ 11 478 metres carr6s, situ6e au 303, chemin Golden Grove et faisant partie du terrain portant le NID 00436725 et dtant aussi une partie du NID 55153217. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le * jour de * 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premidre lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcretd cc qui suit : The Zoning By -law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 303 Golden Grove Road, having an area of approximately 3,530 square metres, also identified as being portions of PID No. 55153217, from "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire 1 La modification de l'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situde au 303, chemin Golden Grove, d'une superficie approximative de 3 530 metres carres et etant des parties du NID 55153217, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» A zone d'industrie ldgere « I -1 », - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture May 18, 2007 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan and Zoning Amendments, Conditional Use and Variance Application 299 -303 Golden Grove Road On April 10, 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 May 1, 2007 meeting. The applicant, Jennifer Peacock of Hughes Surveys and Consultants Inc., appeared before the Committee in support of the application and expressed agreement with the staff recommendation. No one else appeared before the Committee with objections or concerns regarding the application and no letters were received. After considering the presentation and the attached staff report, the Planning Advisory Committee adopted the recommendation as set out below. In addition, the Committee imposed the recommended condition upon the establishment and operation of a storage yard for construction materials on those portions of 303 Golden Grove Road being rezoned. The Committee also approved a variance to permit an accessory building to remain as a stand -alone building on the remnant lot. RECOMMENDATION: That Common Council: a) redesignate on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial. b) add the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: Planning Advisory Committee May 18, 2007 Page 2 "yy) a parcel of land with a total area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217." C) rezone those portions of the site currently zoned "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial. Respectfully submitted, Stephen Horgan Chairman PF Attachments Project No. 07 -050 DATE: MAY 11, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2007 SUBJECT: Name of Applicant: Name of Owner: Location: Patrick Foran Planning Officer Hughes Surveys & Consultants Inc. Jessie M. Williston 299 & 303 Golden Grove Road PID: 00436725 and portions of 55153217 Municipal Plan: Existing: Low Density Residential Proposed: Light Industrial Zoning: Existing: "I -1" Light Industrial and "RS -2" One and Two Family Suburban Residential Proposed: "I -1" Light Industrial Proposal: To redesignate and rezone the subject site in order to recognize the long - standing industrial use of the property. Type of Application: Municipal Plan and Zoning By -law Amendments, Conditional Use and Variance to permit an accessory building to remain as a stand -alone building on the remnant lot. Hughes Surveys & Consultants Inc. Page 2 299 & 303 Golden Grove Road May 11, 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 Municipal Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a Public Hearing on Tuesday, May 22, 2007. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. In addition, the Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a storage yard for construction materials in the "I -1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council: a) redesignate on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217, from Low Density Residential to Light Industrial. b) add the following to the list of Approved Light Industrial Developments in sub- section 2.4.7.15: "yy) a parcel of land with a total area of approximately 11,478 square metres, located at 303 Golden Grove Road, also identified as being PID Number 00436725 and portions of PID Number 55153217." C) rezone those portions of the site currently zoned "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial. 2. That the Planning Advisory Committee: a) impose as a condition upon the establishment and operation of a storage yard for construction materials on those portions of 303 Golden Grove Road being rezoned that the site be developed and maintained in accordance with a detailed site plan, to be submitted for the approval of the Development Officer, and attached to the building permit application, such plan illustrating the driveway accesses, parking area, landscaping, signage, and other site amenities. Hughes Surveys & Consultants Inc. 299 & 303 Golden Grove Road Page 3 May 11, 2007 b) grant a variance to permit an accessory building to remain as a stand -alone building on the remnant lot, also identified as PID 55153217, on the condition that the property owner limit the use of the building to personal storage. BACKGROUND: In April of 1979, the Committee approved the establishment of a retail store and service station in the northeast corner of the subject properties (adjacent to the former Hillcrest School) on condition that the development be carried out in accordance with the site plan. On July 25, 2006, the Planning Advisory Committee considered a conditional use application for the establishment and operation a storage yard for construction materials (water and sewer pipes, fittings, valves, etc.) and imposed as a condition that the site be developed and maintained in accordance with a detailed site plan, to be submitted for the approval of the Development Officer, and attached to the building permit application, such plan illustrating the driveway accesses, parking area, landscaping, signage, and other site amenities. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicate that they have no objections to this application. Building and Technical Services advise that there are no Building Code issues related to this proposal. Fire Department indicate that they have no objection to this application; however the applicant is reminded that the acceptance to store construction materials does not include any type of hazardous gases or liquids. Further, this is a non hydrant area and as such, fire suppression water supply is provided through tanker shuttle. In an effort to reduce fire hazard in the storage yard the applicant is advised to follow the best practices possible. N.B. Department of Public Health and Wellness has been forwarded a copy of the application but has not submitted any comments. N.B. Department of Environment and Local Government has been advised of the application. Hughes Surveys & Consultants Inc. Page 4 299 & 303 Golden Grove Road May 11, 2007 ANALYSIS: Site and Neighbourhood The subject site is located near the intersection of Golden Grove Road and Baxter Road in Coldbrook. The site has historically been used for industrial purposes, including Grove Construction throughout the '70's and `80's and more recently by General Freight Carriers, Inc., who changed locations early last year. The site is currently occupied by McLennan Sales who sell construction material such as water and sewer pipes, fittings, valves, etc. The area surrounding the site is primarily residential, although it is close to the United Catena Training Centre and is adjacent to the Williston Senior Residence special care home. The applicant is leasing an area of approximately 73 metres x 96 metres (240 feet x 315 feet) from Jessie Williston for the operation of a storage yard for construction materials, as illustrated on the attached map. Both a triangular area along the western edge of the property and the rearmost 20 metres (66 feet) of the leased area are not situated in the "I -1" Light Industrial zone but encroach into the adjacent "RS -2" One and Two Family Suburban Residential zone. As evidenced in the City's aerial photography, this encroachment was taking place prior to the applicant's relocating to the premises. Synchronizin2 Zoning with Existing Use Although the property at 303 Golden Grove Road is zoned "I -1" Light Industrial, and has historically been used as such, it is not designated Light Industrial in the Municipal Plan. The applicant has requested to redesignate not just the land currently zoned "I -1" but also those areas where the encroachment into the adjacent residential zone has occurred (see Attachment A). To correspond with the Light Industrial designation, the applicant has also requested to rezone those areas where encroachment has occurred from their present "RS -2" One and Two Family Suburban Residential zoning to "I -1" Light Industrial (see Attachment B). The intention is to ensure that all areas of the site being used for industrial purposes are both designated and zoned properly. The records of the Building Inspection Department do not indicate any recent complaints about the use of the property and in recognition of the long - standing industrial use of the site the proposed amendments can be supported. Conditional Use A storage yard for construction materials is a conditional use in the "I -1" Light Industrial zone, meaning that it is subject to any reasonable terms and conditions that the Committee may wish to Hughes Surveys & Consultants Inc. Page 5 299 & 303 Golden Grove Road May 11, 2007 impose. As indicated in the Background section of this report, in July of 2006 the Committee considered an application for a storage yard on the portion of the site presently zoned 1- ". The Committee imposed a condition requiring the site to be maintained in accordance with a site plan to be approved by the Development Officer. The previous conditional use application was restricted to the portion of the site currently zoned 1- Light Industrial. The areas being rezoned require additional consideration by the Committee and it is recommended, to be consistent with the previous approval, that the same condition be applied. Subdivision and Variance Mrs. Williston owns the property at 299 Golden Grove Road, containing a special care home that includes her residence, and the adjacent industrially zoned property at 303 Golden Grove Road. In addition to the proposed by -law amendments, the applicant is seeking to adjust the property boundaries of the lot at 303 Golden Grove Road to correspond to the proposed Municipal Plan and Zoning reclassifications. It is further proposed to subdivide the lands into three lots, leaving a large remnant property: • Proposed Lot 07 -01, which contains the existing special care home that the property owner wishes to sell; • Proposed Lot 07 -02, which contains the construction materials storage yard being leased to McLennan Sales; • Proposed Lot 07 -03, which is currently vacant; and • the remnant parcel. The proposed subdivision conforms to the requirements of both the Subdivision and Zoning By- laws with the exception that the remnant lot would contain a garage currently accessory to the residence at 299 Golden Grove Road. The garage is used to house antique cars and it is the property owners' intention to continue using it for this purpose although they would no longer reside at 299 Golden Grove Road. In order to allow the garage to remain as the only building on the remnant lot, a variance has been requested. The intent of the Zoning By -law is to ensure that, in the long run, land is used in accordance with the standards of its zone, in this case, residential. It also serves to ensure that buildings are compatible in appearance and use with surrounding properties. A garage building, standing alone on a lot is not a residential use and can lead to future problems, such as being converted to a commercial auto repair garage. This likelihood increases as the property changes hands, potentially ending up being owned by a person or company that has no other presence in the neighbourhood. Hughes Surveys & Consultants Inc. Page 6 299 & 303 Golden Grove Road May 11, 2007 However, it is recognized that the garage is adjacent to an existing light industrial use and its continued function as a storage building for antique automobiles is not seen as incompatible with the surrounding properties. The garage is only allowed to remain so long as it is used exclusively for the storage of personal belongings, including but not limited to antique vehicles. Use of the building for commercial purposes, including rental of the building in whole or in part for self - storage, could also be expressly prohibited as a condition. CONCLUSION: The purpose of the proposal is to recognize the long - standing light industrial use of the property. The current use of a construction materials storage yard is less intensive than previous uses, such as a construction company and trucking business, and has thus far not generated any complaints from neighbourhood residents. Consequently, the proposed Municipal Plan and Zoning By -law amendments, as well as the conditional use application, can be supported. The requested variance to allow the accessory building to remain as a stand -alone building on the remnant lot can be supported on the condition that the use of the building is limited to personal storage. PF Project No. 07 -050 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT : l Subject Site /site en question: -. Location: 303, chemin Golden Grove Road Date: May / mai 1, 2007 Scale /echelle: Not to scale /Pas a 1'echelle Attachment A m s i : i : : i � i ♦, 4 i i b' �'• to +s` Rid PID(s) /NIP(s): 00436725, and portions of 55153217 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT Areas Being Rezoned Subject Site /site en question: ly- I- 1 Location: 303, chemin Golden Grove Road Date: May / mai 1, 2007 Scale /echelle: Not to scale /Pas a h chelle Attachment B +sae PID(s) /NIP(s): 00436725, and portions of 55153217 S / P rtrl mi_ �a e �I o � F � n s a � s " o v 4` _�. 1=60 w r. 9 o 0 g C IL 7 x n ] 7 �• i Sx a IE o IL oQ� S S x R. a F6 S R S r i ca d lei R _ R r 0 0 Z N O Q r,. ::3 CIO 0 O > oo o oa }� O �y b > o" �� • adO�sPuo1 ��/ / � -a x !$ee \� Aorce/ " Hore �I ✓es9�e o/ 0 taR / 4 C } Qa / } opQrty \ /Qre e a y• v \ B - akter 0 Wr BlYfNfriCR Gla NoKR t , � ZI 0 Z N O Q S ::3 CIO oa }� O �y b > o" �� • adO�sPuo1 ��/ / � -a x !$ee \� Aorce/ " Hore �I ✓es9�e o/ 0 taR / 4 C } Qa / } opQrty \ /Qre e a y• v \ B - akter 0 Wr BlYfNfriCR Gla NoKR t , � i 0 Z N O J ::3 CIO nR > oo o C L (D A C O D o O C) a 0 D Z (D � N F £ U) O '-Z `' C) ^ C O m r•f 0 G-) CO mrn N a o•�p t.° r X p R1 fl Q O o �r x 'a (D O O S < a r oc n (D _ Qn� onp k cn T CD Application for a Zoning By -law Amendment Demande de modification A l'arrW sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of licant / Nom du demandeur ` App � Mailing Address of applicant / Addresse postale du demandeur c�► 1�cLL, ,fir? i'J 0 Postal Code 1 Code postal E Telephone Number / Numcro de t6ldphone ^ L'.3 r, - C Y Y Home / Domicile Work / Travail Fax Number / Numbeo de tdlecopieur Name of Property Owner (if different) / Nom du propridtaire (si differem) ,S; a rn Address / Adresse Postal Code / Code postal Property Information / Renseignements sur is proprietk Location I Emplacement a r, au L, e.S 12 Je J :/ 6 S4- 6 4 Civic # / No de veVrie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propriete Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel Change Zoning to / Modification du zonage d �, 'r �, n e rL 1 _.S , r e S S and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) Development Proposal t Proposition d'amenagement Description of Proposal / Description de Ia proposition b� c!_ihLe C; J0 r'IC,tUi Lo 5PCC-tte,175 Al kJ i /}t C C` C S� - C G' ; �C� 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 ofthe 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 h Pkhelle illusrrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'61evation et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la propriete, Femplacement de la totalite des bdtiments, des allees, des arees de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement concemant votre proposition qui pourrait titre approuv$es. Provide any other information about your proposal that would be helpful. / Foumir tout autre renseignement concernant votre proposition qui pourrait Hire utile. Signature of Applicant / Signature du deurandeur Date "1 :AL ❑ $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n' ,Jtes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire daps la partie the owner is authorizing this application to proceed ci- dessous. La signature du propriitaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere soft examinee par le conseil communal. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Date: March 31, 2007 To who it may concern: I the undersigned Wayne McGaughey would like to do motor vehicle inspections in the repair garage at 85 Hayes Ave., Saint John, NB. The following that accept this proposal do so by signing with their address: Jz 7�a Li �.� Y PROPOSED ZONING BY -LAW AMENDMENT RE: 85 HAYES AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID No. 00408666, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business. REASON FOR CHANGE: To permit an automotive repair garage with a residence. 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 UARRETE SUR LE ZONAGE OBJET: 85, AVENUE HAYES Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1' arret6 sur le zonage de The City of Saint John, lots de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 22 mai 2007 a 19 h, en apportant la modification suivante : Rezonage d'une parcelle de terrain situ6e au 85, avenue Hayes, d'une superficie approximative de 2 100 metres carr&s et portant le NID 00408666, afin de faire passer la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone commerciale g6n6rale o B -2 ». MOTIFS DE LA MODIFICATION: Permettre 1'am6nagement d'un garage de reparation de v6hicules automobiles aver une residence. Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a Fh6te1 de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours ferids. Veuillez faire part de vos objections au projet de modification par 6crit a l'attention du soussign6 a 116tel de ville. J. Patrick Woods, greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 85 HAYES AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PD) No. 00408666, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business. REASON FOR CHANGE: To permit an automotive repair garage with a residence. 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: 85, AVENUE HAYES Par les pr6sentes, un 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 r6union ordinaire qui se tiendra dans la salle du Conseil le mardi 22 mai 2007 a 19 h, en apportant la modification suivante : Rezonage d'une parcelle de terrain situee au 85, avenue Hayes, dune superficie approximative de 2 100 metres carrels et portant le ND) 00408666, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone commerciale generate << B -2 >>. MOTIFS DE LA MODIFICATION: Permettre Pamenagement d'un garage de reparation de vdhicules automobiles aver une residence. Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du ddveloppement a 1'h6te1 de ville situ6 au 15, Market Square, a Saint John, au Nouveau- Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours ferids. Veuiilez faire part de vas objections au projet de modification par dcrit a Pattention du soussignd a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (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 24, 2007 Tuesday, May 15, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if a licable): 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: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a ddcr6t6 ce qui suit : The Zoning By -Iaw of The City of L'arr @t6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6crdt6 le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modifi6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 85 Hayes Avenue, having an area of approximately 2,100 square metres, also identified as being PID No. 00408666, from "RS -2" One and Two Family Suburban Residential to -`B -2" General Business classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire i La modification de ]'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain situ6e au 85, avenue Hayes, d'une superficie approximative de 2 100 metres carrels et portant le NID 00408666, afin de faire passer la classification de zone zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone commerciale g6n6rale ((B-2 ». - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arr 6t6 le 2007, avec les signatures suivantes : Common Clerk/Greftier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture May 16, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning - 85 Hayes Avenue On April 23, 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 May 15, 2007 meeting. The property owner, Mr. Wayne McGaughey, appeared before the Committee in support of the application. Additional presentations in support of the application were made by: Mrs. Michelle Logan (daughter of Urban and Brenda Carr, who reside at 64 Hayes Avenue), Mrs. Brenda Carr (64 Hayes Avenue) and Mr. Art Evans (30 Hayes Avenue). Messrs. Gerald Brennan (114 Hayes Avenue), Eric Doucet (19 Hayes Avenue) and Jonathan Sherwood (10 Hayes Avenue) addressed the Committee in opposition to the proposal. The speakers expressed concern with regard to increased traffic on Hayes Avenue, decreased property values, and the potential for other commercial uses to become established if the subject application were approved. In addition to the above presentations, the Committee received several letters and a petition expressing objections and concerns with respect to the proposal. Copies of these letters are attached. One letter in support of the application as well as a petition in favour of allowing the applicant to perform motor vehicle inspections on the site were also received and copies are attached. Please note that while some people have signed both petitions, the one in favour of allowing motor vehicle inspections did not expressly specify support for the rezoning and was circulated prior to the mailing of the neighbour notice prepared by staff outlining the proposal and the necessary approvals. After considering the report, presentations and letters, the Committee adopted staff recommendation as set out below. RECOMMENDATION: That the application be denied. Respectfully submitted, Stephen Horgan Chairman Attachments DATE: MAY 11, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2007 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Wayne McGaughey Name of Owner: Wayne McGaughey Location: 85 Hayes Avenue PID: 00408666 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: `B -2" General Business Proposal: To rezone a residential property in order to permit an existing automotive repair garage and car sales lot. Type of Application: Rezoning and Conditional Use Wayne McGaughey Page 2 85 Hayes Avenue May 11, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, May 22, 2007. The Zoning By -law authorizes the Committee to impose terms and conditions upon the establishment and operation of an automotive repair garage and a car sales lot in the `B -2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicate that they have no objections to this application. Building and Technical Services advise that their office has a number of complaints on record related to the garage operation. As well, an addition has been constructed on the original garage with no permit. Fire Department has the following concerns & comments: • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Hot works (welding, etc) operations shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2 -00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. Wayne McGaughey Page 3 85 Hayes Avenue May 11, 2006 N.B. Department of Public Health and Wellness has been forwarded a copy of the application but has not submitted any comments. N.B. Department of Environment and Local Government has been advised of the application. Department of Public Safety (Motor Vehicle Inspection Program) has been forwarded a copy of the application but has not submitted any comments. ANALYSIS: Subject Property and Neighbourhood The subject property is situated on Hayes Avenue, a short dead -end street off of Gault Road in West Saint John. The property contains a dwelling near the road and a garage in the rear yard. The garage is accessed by a straight gravel driveway approximately 37 metres (120 feet) in length. The property is partially screened from adjacent properties by mature vegetation. The area immediately surrounding the site is comprised primarily of single - family dwellings developed in a suburban setting. Existing Business and Necessary Approvals The property owner is requesting permission to operate an automobile repair garage. According to the applicant, he has been operating the repair garage for approximately nine (9) years. The hours of operation are normally from 8:00 a.m. until 5:00 p.m. Mondays to Fridays and 8:00 a.m. until noon on Saturdays. There are usually 2 -3 vehicles involved in the business at any one time. General mechanical work is undertaken on cars although no body work or painting is performed. A site visit revealed that the property was well - maintained and no material or parts were stored outside of the garage. In addition to the repair garage, the applicant purchases vehicles from car auctions, repairs them, and places them for sale. Typically the vehicles are sold from other locations, although periodically a single vehicle for sale will be situated on the subject site. The landowner is requesting to rezone the subject property from "RS -2" One and Two Family Suburban Residential to `B -2" General Business in order to obtain a motor vehicle inspection license and to continue legally operating the repair garage from the existing garage in the backyard and to sell the occasional vehicle from his property. He and his family would continue to reside in the dwelling. The applicant indicated that he has no desire to operate a commercial auto body shop or perform automobile painting and no signs would be erected to advertise the business. Wayne McGaughey Page 4 85 Hayes Avenue May 11, 2006 Municipal Plan and Rezoning Consideration The general area is designated by the Municipal Development Plan as Low Density Residential. The Plan envisions such areas in the community as being appropriate for the development of one and two - family dwellings with municipal water and sewer services'. The Plan also recognizes that certain non - residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population, or are compatible with residential uses. Such land uses include: elementary schools, daycare centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. Furthermore, the Plan encourages the exclusion from residential areas those uses that are not compatible with these neighbourhoods with respect to the following: • Generation of traffic that is excessive in volume and not local in nature; • The production of smoke, dust, fumes or noise; • The creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. An automotive repair garage, with or without incidental vehicle sales, is not envisioned by the Plan as being a compatible use in residential neighbourhoods. Indeed, the City has had to deal with a number of illegal/non- conforming automotive repair and auto body shop operations in residential neighbourhoods over the years. The traffic, outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as the noise, dust and fumes associated with such uses can adversely affect the character of residential neighbourhoods. It is recognized that many of these issues are not present in excessive amounts in this instance. The repair garage appears to have a low volume of customers at any given time, some of which the applicant states aree residents of the surrounding neighbourhood. No material is stored outside and the business does not include auto body repair work. Consequently, certain nuisance factors (i.e., smoke, dust and fumes) should not be minimal, although noise may still be an issue. In addition, the garage has a residential appearance and appears to conform to the residential accessory building standards. To the rear of the site is a vacant, forested property, and the repair garage is somewhat screened from adjacent properties by mature vegetation. There is also no business signage associated with the repair garage. 1 Hayes Avenue is currently serviced by the municipal water system, however sewer services stop approximately 480 metres (1,575 feet) south of the intersection of Gault Road and Hayes Avenue. Wayne McGaughey 85 Hayes Avenue Page 5 May 11, 2006 While it is understood that the current scale of the business is limited, there always remains the concern in the future that this business, perhaps under new ownership, will not operate in the same manner. While conditions can be imposed by the City, such conditions often fail to truly regulate the nature of the business by new operators who are less sensitive to the residential neighbourhood. There is also concern that this isolated commercial zoning will attract future interest for other businesses permitted in the `B -2" General Business zone. Again, while conditions can be imposed to limit the use of the property to this specific business, it is not unusual that other more intensive business proposals are permitted due to the pre - existing commercial zoning. CONCLUSION: There have been a number of similar rezoning applications in the past for repair garages in residential areas not supported by staff for the reasons mentioned in this report. Approval for this automotive repair garage and car sales lot cannot be recommended. PF Project No. 07 -130 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT �--� RS-2 •y ej' RS-2 PID(s) /NIP(s): Subject Site /site en question: 00408666 Location: 85, ay. Hayes Avenue Date: April / avril 30, 2007 Scale /echelle: Not to scale /Pas a 1'echelle 9 B �I f o. RS-2 PID(s) /NIP(s): Subject Site /site en question: 00408666 Location: 85, ay. Hayes Avenue Date: April / avril 30, 2007 Scale /echelle: Not to scale /Pas a 1'echelle 9 B Planning Advisory Committee City of Saint John P. O. Box 1971 Saint John NB E2L 4L1 RE: Rezoning 85 Hayes Avenue e r� -'SAt We as property owners at 104 Haves Avenue do not agree with the rezoning of the above mentioned property.. We moved into our house approximately 5 years ago, we were very surprised to see a "business" operating on a residential street. But assumed he had the proper authorization to do so. We personally do not know the people who live at 85 Hayes Avenue. A couple of weeks ago Mr. McGaughey came to our door with a petition, my husband spoke with him, and he was told that, "he needed neighbours signatures" so he could do motor vehicle inspections, my husband signed the petition, but later speaking with various neighbours it appears that, is not the only thing he will be doing from this site. He always has an old vehicle in front of the property with a For Sale sign on, and it is feared that he will turn the property into a used car lot amongst other things. We feel he totally misrepresented what the purpose of the petition was intended. We have since signed a petition "aagainst'any rezoning of this property. I have never thought that a garage should be located on such a quiet residential street - we are always seeing tow trucks bringing vehicles on to his property. Not to mention the noise coming from his garage. If the property is rezoned, the amount of traffic on our quiet dead end street will increase. We oppose any changes for zoning on 85 Hayes Ave, we feel this will lower our property value, and turn our street into a commercial zone. We feel rezoning his property will have a negative impact on our street - Thank yo C'A - 4 Richard Childs & Heather Harriman- Childs (00 Item 6: 85 Haves Avenue The attached letters were submitted by the applicant May 14. He wrote them in response to the letters submitted in opposition to his application. You received those letters in your kit on Friday. 1 May 13, 2007 To Your It May Concern Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue To address the whole proposal of what we want is to be able to do motor vehicle inspections. The garage has been here for about 8 years. We have had no complains about it, many of the neighbors have had their vehicle repaired here in the past and a lot has asked about the inspections which at present we cannot do. So we applied to the provincial department last year to see what we had to do, we were informed that we were to get a letter from the city. We have questioned our tax bill as we seem to pay the same as a zoned garage in the city. At this time, we asked the city for a letter and it was suggested that we find out the input of the neighbors if they would mind. The neighbors we were able to talk to signed in favor so we went ahead. If there were concerns why weren't they asked then or before we applied to the city. What we want is to be to able to do motor vehicle inspections. The proposal we want to city to consider is for a light commercial for a limit of 10 years or until we retire or sell the property. Again, we do not want to sell the property as a business as we would have the concern that it would not be kept in the condition that we have tried to keep. Other conditions and limits may be requested: as to no signs to be placed or any cars on the street and NO junked cars or parts. This is our resident too and we want to keep it as so. The service we want to give is a change for seniors, and people that need to have a vehicle and may not be able to afford the prices at the dealerships, so they can drive safe well maintain vehicles. We have one person who has to go to the hospital 3 times a week for treatments and could not do so if we did not maintain her car. We have many other people who are seniors and the odd tourist who have problems with their car. One tow company knows that we have in the past taken these people in and arranged for a hotel and given them a meal if needed. This means a lot if you are out of town and having car trouble. I would hope this would do a lot for the city's tourism industry. We have done this for one person who still a -mails us once in awhile. We know the neighbors has come concerns but we hope we have addressed them all individually. If not please talk to us. 1, Wayne, am now 55 years old with no other trade but driving highway tractor and doing mechanic work. I cannot go out to work and suppose our home. My wife has had many illnesses and is not longer able to work outside the home do to stress. I am just asking for the residents, council and the city of Saint John to give us a fare change to suppose our home and have reasonable happy life style as we want for all of us. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Megan Sherwood 10 Hayes Ave Saint John, NB r ^AK Y� AY 14 2 "1 � Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue How can the repair garage affect your home when we were here long before you purchased your home as our daughter owned 10 Hayes Ave at the time that we moved to 85 Hayes Ave and built the garage. She had no problem with selling 10 Hayes because of the garage. You purchased the property with the garage being here. How can we be responsible for people turning in.your driveway when 85 Hayes is a least 1500 feet or more away and around the corner. There is no weekend hours proposed and there is no problem with traffic now. Have run a garage for 28 years with no chemical spills or fires. Rathbum Enterprise takes all chemicals and oils. The cars have been and will be parked in the driveway or behind the garage. There is and will not be any part or scrap cars at this property. This cannot increase traffic as this is a one car garage and also only one person working. It is impossible to look at more than 2 or 3 cars a day at the very most. How can it decrease the value of property because when we purchased 85, we did so for in the 40's and three ago we had it appraised at 124,000 — 150,000. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Madonna Hatty and Andre J Crispin 11 Hayes Ave Saint John, NB. RECED 01� MAY 14 Z��f . Y Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue Letter of notification was not our responsible. No sidewalks or the conditions of pavement again is not our responsible and has nothing to do with the garage. Tow trucks are not here on a regular basis. They may have went elsewhere on the street. The only company we get is James Towing and since Christmas they have been here about 3 times. Once to pick up a car Once for Janie James van And once on Sunday for a car from the States Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Barbara McMullin 18 Hayes Ave Saint John, NB REIC J r S Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue How can you oppose when you are running a business and often times vehicle are parking in a blind spot on the hill. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Eric & Edna Doucet 19 Hayes Avenue Saint John, NB IRECE.D MAY 1A 2:7 Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue We have been here eight years with no complains about heavy traffic until now. Other subdivisions do have business operating with more traffic. There is already one business on this street with a lot of vehicles. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer 6L VZv Sj REcENEo May 13, 2007 Is caw*' Glenna Boddington Q 8 Al 6 Hayes Ave ' s Saint John, NB Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue In regarding to your answer, the garage has been here since 1999 when a building permit was got for it. As far as, your children I think it gives them a better in sight on life if they see people working for what they get, supposing themselves and helping other people. Then to see a home run down and people doing nothing to help themselves which are on income assistance out of not fault of theirs. I know many people need income assistance, food banks and other charities. Edna at present is a volunteer at the food bank, also we are involved with a local church and other charities: I want my children and grand children to understand that people have to work to get what they want. Sometimes thing just happen the wrong way, not that 2 wrongs make a right. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Ken Golding 86 Hayes Ave Saint John, NB Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue Again why would the property value go down as the value on our property has went from the 40's to 120;000 - 150,000 plus. As of investing money into your home most people do invest a lot of money in their homes. The garage was build with all permits from the city and at the time of construction we had a highway tractor and also worked at a garage on Rothesay Ave that went bankrupt at my age what would you do, lose your home that you have invested a lot of work and money into or do what you can to save it. Would the valve of your home be more it you had someone on income assistance living across the street that do to their finance could not keep the repairs done on their home. The reason for running a low key was not to upset the neighborhood but was the type of business it became and I want to live on a quiet street too. Everyone in the neighborhood known the garage was here if there was a problem why was it not addressed before. You cannot get deliveries before 8 am or after 4:30pm as there are no suppliers open other than these hours. Tow truck yes we know you had a complain but it was addressed at that time. There are very few tow trucks here and we have requested that they do not come here other than day time. If they are here at anytime after 5 it is because of a family member. Tow trucks do not use your driveway. Additional traffic from customers dropping off cars would be a couple a day if that, many days there are not a car in or out of this address. There are no additional workers only a friend that drops in to chat and once in a while give a hand if needed. Noise from tools there is no more noise from this then someone doing their lawn, carpenter which everyone does. The cars that are parked in our yard are personal vehicle and tell me what is unsightly about a 2002 Caravan, 2001 Dodge 4x4, a motor home and an antique car. Our proposal to the city is not to expand the business or to place any signs. The proposal was for a Ietter so we can do motor vehicle inspections to lessen the running and. We are only trying to support our home the same as anyone else. We are not all professional people unfortunately. We have also asked the city to make a condition to limit it to 10 years or until the property would be sold which ever came first.. Your complain about the dog has nothing to do with the garage, but now that I know it will be corrected. We cannot tie Buddy as he would be very upset as he has been beaten and he takes epilepsy seizures. When we were teaching him to stay in the yard, we had neighbors calling him and feeding him. What were we to do. He is a very loving and friendly dog now we want to keep him like this. Sorry we don't five in Cedar Point or Monte Cristo and neither do you. The proof that the city would be better is because we are paying a great deal of money in taxes in income, property and HST. We support a local church, charities and also the food bank. We support many suppliers in the west side and also give fare valve for what it cost them. Many seniors, single mothers and disable people having a limited income cannot afford a new car every few years and need to drive do to location as there are not buses in same locations and could not afford a taxi to go to hospital, work, doctor appointments and to do other necessity. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 May May 95 Hayes Avenue Saint John, NB -C�� ow M Al 14 c.,J, Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue At the time of garage construction the city did approve it. At that time we operated a highway tractor and worked at a garage on Rothesay Avenue that went bankrupt while working there. As far as, your wedding photos, wasn't this a business too. Also at 95 Hayes you operated a plant hot house which prevent us from enjoying our own backyard. The traffic and cars parked on the street on Saturdays was unbearable. If you want to remember the reason you stopped the wedding photos was because Mr. Richard May was very ill in hospital and could not longer look after the property to the extent that your operation entailed. Fare more if you are so against the garage why did Mr. May have his truck repaired and got myself to have it inspected when it was being sold. I do have the invoice showing this and also the provincial department transport has record of this. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Hope and Reg Harris 96 Hayes Avenue Saint John, NB 1i RECEIVED MAY 14 2007 Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue. You are very right, all we want is a permit to do motor vehicle inspections. When we started this, we thought all we needed was a letter from the city which we felt was no problem as we are being taxed as non - residential on part of our property. We do not want to ever sell it as a business because we would like to keep the street the way it is now. We do not intend to change our operation from what it has been. I also like the quietness of the street and had we known that this would have caused any problems. We would not have gone ahead with this. We do very much understand your feeling and concerns and do have the same feeling. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Connie Grant 105 Hayes Avenue Saint John, NB r CEWD �6 i t ok MAY 1_4 X3:1 90 X _� SLR Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue If you are against the garage, why did your son and daughter -in -law have their vehicle repaired and got us to take them for inspection? You many times wrote the cheques to pay for the repairs out of convenience. When the garage was built there was a building permit from the city. I don't think your property has decreased because of the garage because the value on this property has went from in the 40's nine years ago to 100,000 - 150,000 three years ago. To ensure your concern is not true we are in the process of having the property value looked at again. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer May 13, 2007 Gerald and Brenda Brennan 114 Hayes Avenue Saint John, NB RECEI M MAY 14 2'C1 o� 4.FSA11�1 Re: Rezoning and Conditional Use Application, Repair Garage, 85 Hayes Avenue I very much agree with you about wanting to live in a quiet setting with do have four grand children that visit very often. We also like the fact that we can take a relaxing stroll down the street on a sunny afternoon. Our garage has been here for about 8 years now and do not want to increase traffic. We also have had no environmental, pollution or safety problems until now. As far as, the septic systems i don't see any problems as the garage has been for about 8 years. Most come and leave in a very short time. 'A lot of the time, we go pick -up the vehicle and bring it to be repaired. Wayne McGaughey 85 Hayes Avenue cc. Patrick Foran, Planning Officer March 31, 2007 To who it may concern: I the undersigned Wayne McGaughey would like to do motor vehicle inspections in the repair garage at 85 Hayes Ave., Saint John, NB. The following that accept this proposal do so by signing with their address: CGS }-� /!� �s�2 ai�• � '',j ,�� s �� . � t f •� = _� y. L J •J • r May 8, 2007 Dear Planning Advisory Committee: I oppose the Rezoning and Conditional Application for 85 Hayes Ave or any address on Hayes Ave. This is a residential Street and does not need to be changed. This street consists mostly of senior citizens and people who have lived here in most cases for at least 30 years and many people are even more than that. I have lived here for 40 years along with a handful of others; therefore I believe we should have a right to oppose having a garage on our street. The heavy traffic (tow trucks on a regular basis) that we now receive on our street due to a garage is not acceptable. If this is rezoned this will open any possible new owners of 85 Hayes or any address to put other businesses on our street. This street has no sidewalks, is seldom paved and is in dire need of repair. With more traffic it will just cause more deterioration and noise. Also ..object to the fact that I did not receive a letter of notification as other neighbors did. Why was this not mailed to all property owners on the street as it does affect all owners not just the property owners beside or across the 85 Hayes Ave? Regards, Madonna Hatty Andre J. Crispin I 1 Hayes Ave Saint John, NB E2M 5K2 RECIEWO 7 PLAY it � G. G. I �7r Planning Advisory Committee City pf Saint John PO BOX 1971 Saint John, NB E2L 4LI Planning Advisory Committee: ►f MAY 11 2007 This letter is to address the Rezoning and Conditional Use Application, Repair Garage — 85 Hayes Avenue. We are writing this letter to express our opposition to the proposed rezoning. We purchased our home to be in a quiet residential area, which is on a very narrow and dead end avenue. The value and sale ability of our home would be drastically and negatively affected with a commercial repair facility just around the comer. We have also remarked that non residents are using our drive way as a turn around quite frequently, and the increased traffic with this proposal from clients and parts & supplies deliveries, would impact the quiet and almost country like feel of the neighbourhood. With the narrow road and the sharp, partially blind comer it would also create an increase in accident risk, as well as make the walk to and from the school bus and transit bus stop dangerous for the school children and adult residents alike. The proposed weekend hours, especially Saturdays, is not what we expect as residents of a small neighbourhood. The potential risks of chemical spills or increased risk of fire are something that is a concern for everyone's personal safety and long term well being, cars in need of repair would also need to be parked somewhere, and where would these be parked? In front of the other residents' homes would not be what we want for our property or an image of this neighbourhood. The potential to have cars left of the premises for long spans of time including the potential for parts cars and scrap would also detract from the entire neighbourhoods' property values. In addition this rezoning would also allow the proprietor of the aforementioned business to run a provincial inspection station which without question would cause the drastic increase in traffic discussed above. We feel that repair garages are businesses that are best suited to industrial and commercial areas previously zoned commercial not in the rezoning of single properties in small residential neighbourhoods. Sincerely, Megan Sherwood Jonathan Sherwood May 10", 2007 �� May 10`x, 2007 G May 9, 2007 MAY 11 ZM7 Planning Advisory Committee, City of Saint John, P. 0. Box 1971, Saint John, N. B. ER 4V1 To: Planming Advisory Committee; Mr. Foran, Mayor and Council: Re: Rezoning and Conditional Use Application, Re p air Garage, 85 Hayes Avenue Please be advised that as a resident at 95 Hayes Avenue, I am a ainst the rezoning being changed from present RS -2 to B -2. bought my home in 1969, and I expected it to remain as a residential area. I complained when the garage was built next door, and was told that the City had it all looked after. The size of the garage would have indicated to anyone, that it was meant for a business. If it had been a request for re- zoning at that time, I would as well have said "no ". Unless I am under some kind of illusion, this business started (in a residential area), with no request for a change in rezoning at that time. I assume there is nothing that can be done about the size of the structure that now exists. We used to have weddings come to our back yard for photos, but not anymore, with a two story garage unfinished as a back drop. I have no, personal agenda or issues with Wayne and Edna, as good neighbours, and my desire not to have this area rezoned, is with no malice to them. I am not pleased the way this was handled in the past, so please be advised I wish no zone changes. Yours sincerely, .. Mary May, 95 Hayes Avenue, Saint John, N. B. E2M 5K2 G Pt;- � QW r.+� #SAY 13 M07 0qi EM 051-1.1) AW-0 ;iAH"; s Lubrico Warranty Used Car Appraisals Financing Available 85 Hayes Ave., Saint John, NB 506 - 635 -0889 .a. t bbc Notice is hereby given dial #lie Wdmon unc l of T e City of Sault John:intends to �Haider amending The 0ty pf Saint Jahn oning By4aw.at its regular meeting to•behold tin the Council .chamber on Tuesday; May 22; 2007 .at 7:00 p:m., by:• � `Rezoning a parcel of land ocaW Wit Hayes ;Avenue, having an area of a�prti imately X100 square metres, also identified as in TID No. 00408666, from "RS-2" Ok n, Two FanMy Snbnrban Residential ta'*,B- 2 "tweral Business. - REASON FOR CHANGE: TO permit an automotive repair garage with a -residence. The proposed amendment maybe knspecte�l by any :inteiested person it the office of the 'Common f lerl,'or m the office of Planning and Development, CityNail;1 S Market Square,-Saint =2©hn, N.B. between the hours •of -8:30 .a m: �A.ud.r4 -'30 -p.m � Monday through Friday, inclusive, Holidays excepted.. ' Written objections to the mendment-may be gent, o the :un� ed at C Hall. ::. tY..:::.... .11 IT Vooc�,��mtrio#��ier��58 X862. I PETITION TO OPPOSE RE- ZONING OF 85 HAYES AVENUE TO BUSINESS ZONE 05/01/2007 The purpose of this petition is to make known to the Office of Planning , & Development, City Hall, 15 Market Square, Saint John, N.B. that we, the residents of Hayes Avenue, Saint John, N.B. o ose the re-zoning of 85 Hayes Avenue. We are aware that to have this residence re -zoned that it would increase the traffic of our quiet street and residence. AIso, should we have business zoning in our area it would also serve to decrease the value of our homes for future resale. Another negative aspect of having a business district on our street is that any future business could expand or change to any other type of business without any say whatsoever from any of the surrounding residents. `Tt is also important to note that a previous petition was circulated on our street without proper explanation of how business re- zoning would affect our neighbourhood. V As residents of Hayes Avenue it is our right to oppose this re- zoning and by signing this petition we will make our opinion known. i5 # �Ia !16- z. 14�P��e G1,ve r� w Thank you for your time and concern for our neighbourhood. r 3•. 9 U Thank you for your time and concern for our neighbourhood. Page 1 of 1 Lockhart, Lynda From: Golding, Kenneth [Ken.Golding @ bell. ca] Sent: May 2, 2007 9:56 AM To: External - Planning Subject: Rezoning of 85 Hayes Avenue ! am writing in regards to the proposed rezoning of 85 Hayes Avenue from residential to business I live at 86 Hayes Avenue and have not received any notice of this application though it is mentioned in the April 23rd Common Council agenda and apparently has been in the newspaper. As far as I know, none of the other residence on the street has received their notice either. Can you email me an electronic copy of the notice, plus ensure that all households on the street get their notices delivered in the mail. Also, please tell me how I should submit my opposition to this rezoning application, when the Planning Advisory Committee meets, when the report will be available for public viewing, and when Common council will discuss this application. Thank you Ken Golding - Bell Canada Technology Development (Voice & Applications) "°- 506- 694 -2414 cell 506- 647 -6454 ken.golding @bell.ca , 02/05/2007 ��a- Sac t� Lv 2 2rj'7 1 4P May 6, 2007 Dear Planning Advisory Committee and Common Council, It is with great dismay that I find myself writing to you today after receiving notice in the mail of the Rezoning and Conditional Use Application, Repair Garage - 85 Hayes Avenue by Wayne McGaughey. In the application it is stated that the owner indicated that he has been in business about 9 years at his location, but I would say that figure is too high as it would mean my son was not yet born (he is 8). The birth of a child is a very significant event in ones life and I'm pretty sure the business was not around at that time. The property in question is located directly across the street from my residence and based on this application has obviously been running a business outside of the zoning laws of this city as we are currently classed residential (RS -2). My question to the committee and council is that how are individuals allowed to operate outside the laws and why are they usually rewarded with a rubber stamp of approval after establishing themselves in residential areas by being re- zoned? We have seen it far too often in this city and I am wondering when the Planning Advisory Committee and Council are going to take a stand and protect those in residential areas who operate within the zoning laws and by -laws of this city from those who don't. Again, I am basing these comments on the contents of the application. By allowing this rezoning change. you would in fact be rewarding an individual for working outside the very zoning laws and by -laws of this city that you expect everyone else to follow. Two wrongs don't make a right. What would the Planning Advisory Committee and Council like for me to explain to my children on how the city operates and how. would you want them to abide by the by -laws as they grow up? Do you want me to tell them to adhere to them? If you do, then you must do the same. It is you who set the tone and example for others to follow. This application should be denied on principle alone. This application is in fact years (9 ?) late and now the intent of this rezoning bid appears to be in order to expand current operations. Operations that are and have been outside of the zoning laws of this city. To what extent? There are no details provided in this application and the fact that the current operator obviously (again, based on this application) didn't abide by the city's zoning laws in the first place what makes you think he will now (i.e. conditional use). The ball is now in your court but the vote is in mine. I trust you will make the correct decision and respect those individuals who work within the laws, zoning laws and by -laws of this city. Residential means residential. There are established areas within the city for individuals to run their businesses. It is those areas that are capable of handling the traffic, the noise and the disposal of hazardous materials. Thank you, Glenna Boddington 86 Hayes Ave Saint John, NB E2M 5K3 672 -5242 Cro G. Application for a Zoning By -law Amendment Demand de modification a Parretti sur le zonage Applicant Related Information / renseignements sur le demandeur Name of Applicant / Nom du demandeur Stacey Murray / Murray's Pub Mailing Address of applicant / Addresse postale du demandeur 1490 Manawgonish Road, Saint John Code / Code postal E2M 3Y4 Telephone Number / Numero de telephone (506) 333 -1069 Home / Domicile Fax Number / Numero de telecopieur Work / Travail (506) 642 - 3031 Name of Property Owner (if different) / Nom du proprietaire (si different) E & P Holdings Ltd. Address / Addresse 1303 Greene Ave S., Westmount, QC Postal Code / Code postal H3Z 2A7 Property Information / Reiseignements sur la propriete Location / Emplacement a- 55002 rq0 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 2.02 Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propriete Licensed Dining Room Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Service Corridor Amendment Requested / Modification demandee Present Zoning / Zonage actuel Shopping Centre (SC) E( Change Zoning to / Modification du zonage a Beverage Room, Club or Lounge and/or / ou ❑ Text Amendment (indicate particulars) / Modification du texte (indiques les details) Development Proposal / Proposition d'amenamement Description of Proposal / Description de la proposition The Applicant wishes to operate a beverage room, and seeks to obtain a lounge license. The property is currently zoned as "Shopping Centre" which permits the use of a beverage room, with some conditions. The Applicant seeks to change the zoning so that there is no condition that the beverage room, club or lounge not be within 150 metres measured of a church, school or "R" zone, or within a radius of 90 metres thereof. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1 'echelle illustrant vo tre proposition. Vouspouvezegalementfournirdes phtographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignment. Le plan doit indiquer les dimensions de la propriete, l'emplacement de la totalite des batiments, des allees, des acres de stationnement, des am9nagements paysagers et des panneaux de signalization. Il est important d 'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre reseignement concernant votre proposition qui pourrait titre approuvees. The Applicant's business is currently operated as a licensed dining room. There is no anticipated impact on other properties from the proposed change to operate as a licensed lounge or beverage room as the Applicant is already serving alcohol as part of the current business operation. Provide any other information about your proposal that would be helpful. / Fournir tout autre reseignement concernant votre proposition qui pourrait titre utile. Within 150 metres of the property there is a repair shop, a non - residential building, apartment offices, general offices, a garage, a cemetery, a gravel pit and a vacant lot. There is a wall and fence separating the property the residential buildings. The Applicant's lease is restricted to the operation of a lounge and restaurant and does Signature of Applicant / Signature du demandeur Q"- $400 Application Fee Enclosed / Ci joint les frais de demand de $400 If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Si vous n'etes pas le proprietaire due terrain en question, veullez obtenir la signature du propriitaire dons la partie ci- dessous. La signature du proprietaire autorisant le traitement de la presante demande pour que cette derniere soit examinee par le Conseil communal. Date /p'7 0 l.cP 53 —1 s ea n 1 0 1 \ 4e 57 4 e a n t' 49 • i 41 i • i • • 1 • ti _ �_•II \ A t •} I Vs t PROPOSED ZONING BY -LAW AMENDMENT RE: 1490 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, from "SC" Shopping Centre to "SC -2" Shopping Centre. REASON FOR CHANGE: To permit a licensed lounge. 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, Greffier communal 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1490, CHEMIN MANAWAGONISH Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a ParrW sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 22 mai 2007 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 2 hectares, situde au 1490, chemin Manawagonish, et portant les NID 403451 et 55002190, de zone de centre commercial SC » a zone de centre commercial o SC -2 * RAISON DE LA MODIFICATION: Permettre un bar salon. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a Ph6tel de ville situd au 15, Market Square, a Saint John, au Nouveau- Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a Ph6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 1490 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 22, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PH) No. 403451 and 55002190, from "SC" Shopping Centre to "SC -2" Shopping Centre. REASON FOR CHANGE: To permit a licensed lounge 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, Greffier communal 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1490, CHEMIN MANAWAGONISH Par les prdsentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la rdunion ordinaire qui se tiendra dans la salle du conseil le mardi 22 mai 2007 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 2 hectares, situde au 1490, chemin Manawagonish, et portant les NID 403451 et 55002190, de zone de centre commercial «SC» a zone de centre commercial « SC -2 ». RAISON DE LA MODIFICATION: Permettre un bar salon. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du ddveloppement a 1'h6tel de ville situ& au 15, Market Square, a Saint John, au Nouveau- Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par dcrit a l'attention du soussign6 a Ph6te1 de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department; Common Clerk's Office Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 FFay. (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 24, 2007 Tuesday, May 15, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 110 - ARRETE No C.P.110- A LAW TO AMEND ARRETA MODIFIANT L'ARRETE THE ZONING BY -LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6crdte ce qui suit: The Zoning By -Iaw of The City of L'an ete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, dEcrete le dix-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, from "SC" Shopping Centre to "SC -2" Shopping Centre - 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 Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire 1 La modification de 1'annexe uA>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 2 hectares, situee au 1490, chemin Manawagonish, et portant les ND) 403451 et 55002190, de zone de centre commercial ((SC >> a zone de centre commercial « SC -2 o - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrete. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture May 16, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning 1490 Manawagonish Road On April 23, 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 May 15, 2007 meeting. Ms. Stacey Murray, the applicant, and Mr. Fred Dixon, representing the property - owner, attended the meeting and spoke in favour of the proposal. Ms. Murray expressed agreement with the staff recommendation, except for condition (d) prohibiting entertainment. She noted that, contrary to the information that her solicitor had provided in her rezoning application, she does in fact provide entertainment in the establishment and currently has an entertainment licence. She advised that the entertainment currently consists of live bands on alternate Friday nights and that she wishes to continue in this manner. She indicated that any entertainment that she provides is subject to the approval of the landlord. Ms. Murray also stated that she was not aware that the noise from her establishment was bothering anyone, and that she would address the concerns by ensuring that the volume of the music is lowered. Four residents of the Ambercrest Court townhouse development (located on the former Irving service station property) attended the meeting in opposition to the proposal. Mr. James Henderson, 1471 Manawagonish Road, addressed the Committee on behalf of the residents and indicated that they have experienced negative impacts due to the proximity of the business. Mr. Henderson advised that the main impact is in the form of noise from car tires squealing, revving of motorcycle engines, arguments and loud shouting in the parking lot at closing time. He also indicated the residents can hear the music from the establishment. Also, on one occasion they witnessed patrons of the establishment damaging the new trees that the City had planted along Manawagonish Road. No letters were received concerning the proposal. After considering the report and presentations, the Committee decided to recommend approval of the proposed rezoning with amended conditions regarding the provision of entertainment. Planning Advisory Committee May 18, 2007 RECOMMENDATION: Page 2 1. That Common Council rezone a parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, from "SC" Shopping Centre to "SC -2" Shopping Centre. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed establishment of a club or lounge within the existing shopping centre on the parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, be subject to the following conditions: a) The number of licensed clubs or lounges in the shopping centre is restricted to a maximum of one. b) The club or lounge must be located in the southwest corner of the existing shopping centre building having civic number 1490 Manawagonish Road and is restricted in size to the following: i) a maximum floor area of 230 square metres (2,500 square feet) within the building; ii) a maximum of one outdoor fenced patio area on the southwest side of the building, with maximum dimensions of 4.5 metres (15 feet) by 7 metres (24 feet); iii) a maximum of 75 seats. c) Notwithstanding condition (b)(i), the floor area of the club or lounge may be increased to a maximum of 280 square metres (3,000 square feet) within the existing building provided that such additional floor area is devoted to additional food preparation facilities and the number of seats in the facility remains at a maximum of 75. d) The provision of entertainment in conjunction with the club or lounge is subject to the following restrictions: i) entertainment is restricted to the interior of the building; ii) the sound from any recorded music or live entertainment must not be detectable outside of the building; iii) "exotic entertainment" is prohibited. Respectfully submitted, Stephen Horgan Chairman Attachments Project No. 07 -134 DATE: MAY 11, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2007 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Stacey Murray/Murray's Pub Name of Owner: E & P Holdings Ltd. Location: 1490 Manawagonish Road PID: 403451 and 55002190 Municipal Plan: Service Corridor Zoning: Existing: "SC" Shopping Centre Proposed: "SC -2" Shopping Centre Proposal: To convert an existing restaurant to a lounge Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with regard to proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, May 22, 2007. Stacey Murray /Murray's Pub Page 2 1490 Manawagonish Road May 11, 2007 STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, from "SC" Shopping Centre to "SC -2" Shopping Centre. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed establishment of a club or lounge within the existing shopping centre on the parcel of land having an area of approximately 2 hectares, located at 1490 Manawagonish Road, also identified as PID No. 403451 and 55002190, be subject to the following conditions: a) The number of licensed clubs or lounges in the shopping centre is restricted to a maximum of one. b) The club or lounge must be located in the southwest corner of the existing shopping centre building having civic number 1490 Manawagonish Road and is restricted in size to the following: i) a maximum floor area of 230 square metres (2,500 square feet) within the building; ii) a maximum of one outdoor fenced patio area on the southwest side of the building, with maximum dimensions of 4.5 metres (15 feet) by 7 metres (24 feet); iii) a maximum of 75 seats. c) Notwithstanding condition (b)(i), the floor area of the club or lounge may be increased to a maximum of 280 square metres (3,000 square feet) within the existing building provided that such additional floor area is devoted to additional food preparation facilities and the number of seats in the facility remains at a maximum of 75. d) The club or lounge operation shall not include an Entertainment licence. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection. Building and Technical Services has no objection to the proposal. Saint John Transit advises that it provides service along Manawagonish Road in front of the subject site. The proposed rezoning does not create any concerns. Fire Department has been advised of the proposal. Stacey Murray / Murray's Pub Page 3 1490 Manawagonish Road May 11, 2007 Saint John Police Force has been advised of the proposal. N.B. Department of Public Health and Wellness has no objection to the application. Any expansion of kitchen devices would require plans, etc. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located at the intersection of Manawagonish Road and Fairville Boulevard in the western part of Saint John. The surrounding neighbourhood consists of a mixture of residential, commercial, and institutional uses. The properties in the vicinity on Fairville Boulevard and Manawagonish Road, including the subject site, are within the designated Fairville Boulevard/Golden Mile Service Corridor. In recent years, the Manawagonish Road section has been undergoing a gradual transition from mainly highway commercial activities such as motels, gas stations and restaurants to more of a residential environment. Specifically, the former White House Lodge restaurant /motel has been redeveloped with townhouses and, more recently, the former Irving station directly across from the site has been redeveloped with a combination of townhouses, apartments and an office use. Even the subject site, which was developed in the 1970s as "Manawagonish Mall ", has undergone a transition to primarily office uses and is now known as the "West End Office Park." The site has a frontage of approximately 190 metres (625 feet) on Manawagonish Road and a total area of approximately 2 hectares (5 acres). It contains the original 4300- square -metre (46,000- square -foot) mall building and a second smaller building of approximately 1160 square metres (12,500 square feet), which was constructed in 1994. The current uses in the original building include the headquarters for the Atlantic Health Sciences Corporation (AHSC) extra- mural program, Meditrust Pharmacy, West Side Medical Clinic and the subject Murray's Pub, as well as several vacant retail/office storefronts. The newer building is occupied as a call centre (Atelka). Proposal The applicant's establishment, known as " Murray's Pub ", has operated in the subject site's main building for approximately one year. The facility is located in the southwest corner of the building with a floor area of approximately 230 square metres (2,500 square feet). There are approximately 55 to 60 seats, including 12 tables and a bar. The entrance is located on the side of the building facing the call centre. On this side of the building there is also a small, fenced outdoor patio area. Stacey Murray /Murray's Pub Page 4 1490 Manawagonish Road May 11, 2007 As the name "Murray's Pub" suggests, the applicant had originally intended to operate the facility as a lounge but was informed that such a use was not permitted at this location due to the proximity to a residential zone. However, the zoning did permit a restaurant (i.e. Dining Room licence) and so the establishment has operated in this manner since opening. The facility includes a basic kitchen with limited food service, including a daily hot lunch. The Dining Room licence permits a maximum occupancy of 75 persons based on the floor area, washroom facilities and emergency exiting. The applicant now wishes to convert her liquor licence to a Lounge. No other changes to the facility are proposed, other than the possibility of expanding the kitchen area in the future to provide a more full- service menu. She indicates that her lease agreement does not permit entertainment; therefore no entertainment is proposed at this time. The existing "SC" Shopping Centre zoning of the site does permit a club or lounge, but requires a minimum separation from churches, schools, "R" zones and from other clubs or lounges. The establishment cannot meet the minimum separation requirement because of the proximity of the residentially zoned apartment buildings to the rear of the site at 25, 33, 41 and 49 Ocean Court'. Consequently, the applicant (with authorization from the property- owner) has requested that the subject site be rezoned to the "SC -2" Shopping Centre classification. This variation of the "SC" Shopping Centre zone, created a number of years ago for the Loch Lomond Mall, contains the same permitted uses and standards, except that it does not include the minimum separation requirement for clubs and lounges. The applicant has stated that her proposal to change the licence from a Dining Room to a Lounge will create no anticipated impact on other properties as she is already serving alcohol as part of the current business operation. Zoning By -law and Liquor Licences As noted above, the "SC" Shopping Centre zone provisions permit a restaurant, which may be licensed as a Dining Room. The terms of a Dining Room licence require that meals be served in the establishment and place strict limits on the amount of sales from alcohol as a percentage of total receipts. The serving of alcohol is, therefore, considered to be incidental to the primary purpose of the business. A club or lounge, on the other hand, is permitted to serve drinks with no requirement that food be available, and liquor sales can constitute up to 100 percent of the total receipts of the business. It should be noted that these latter licences also apply to large night club type establishments as well as facilities such as Royal Canadian Legions. 1 It should be noted that the recently - constructed townhouses on the former Irving gas station property are not subject to the separation requirement because they are not located in an "R" zone (they are zoned `B -2" General Business). It should also be noted that the mall site is adjacent to a church at the corner of Manawagonish Road and Centennial Drive; however the location of the proposed lounge within the mall building meets the separation requirement from the church property. Stacey Murray /Murray's Pub Page 5 1490 Manawagonish Road May 11, 2007 Because of the differing nature of these licences, the Zoning By -law treats facilities with only a Dining Room licence differently from those holding a Club or Lounge licence. A club or lounge must be separated by at least 150 metres (500 feet) from a church, school or residential zone on the street on which the establishment fronts, and by at least 90 metres (300 feet) in any other direction. The facility must also be separated by at least 300 metres (1,000 feet) from any other club or lounge on the same street or within radius of 180 metres (600 feet) in any other direction. The Zoning By -law does not prescribe any separation requirements for facilities with Dining Room licences, recognizing that these do not have the same potential impact as clubs and lounges. Proposed Rezoning to "SC -2" The Zoning By -law's separation requirements are designed to reduce the negative effects of licensed drinking establishments, as well as to prevent an undue concentration of night clubs in one area. Parking, traffic and noise associated with the developments are the main factors that cause a concern. Therefore, the applicant's proposal should be considered carefully. The Committee and Council have approved similar rezonings in the past in situations where the club or lounge is within a large shopping centre complex with significant building setbacks and off - street parking area, and/or within an established commercial corridor with some form of physical or spatial separation from the residentially -zoned properties. In assessing these approvals, the size and nature of the proposed operation are also taken into account and, if approved, the use is usually restricted in this regard by the imposition of conditions. In the present case, the proposed lounge is located in a larger commercial building on a major street. The building is well- separated from the site's property lines and there is a large off - street parking lot that is laid out in accordance with present -day standards with respect to manoeuvring aisles, demarcation of spaces and paving. The area is also part of the designated Service Corridor, although it is also recognized that there is now a mixture of uses within the corridor, including the new townhouses on the opposite side of Manawagonish Road2. However, the location of the use within the building with its entrance and patio area facing the call centre, results in a situation where it is not oriented toward either the townhouses on Manawagonish Road or the apartment buildings on Ocean Court. The proposal can be supported only if limited to its present size and location within the building. Relocation to another part of the building or future expansion, other than some additional area for an expanded kitchen, should not be permitted without further required review and approvals. Proposed Section 39 Conditions 2 The closest townhouse unit is approximately 100 metres (330 feet) across the parking lot and street from the entrance to the proposed lounge. Stacey Murray /Murray's Pub Page 6 1490 Manawagonish Road May 11, 2007 As the site is already developed to a reasonable standard with landscaping, paving, curbing, etc., no Section 39 conditions are suggested with respect to site development requirements. However, it is strongly recommended that conditions be imposed limiting the number of club or lounge licences on the property to a maximum of one, as well as limiting the size, location and provision of entertainment. These conditions will ensure that the site is not occupied by multiple lounge operations and that, as stated by the applicant in her application, the change in licence will "create no anticipated impact on other properties." CONCLUSION: Provided that the nature of the existing operation remains the same (as the applicant is suggesting), the change from a Dining Room to a Lounge licence should have no negative impact on adjacent properties, including the nearby residential uses. Consequently, the proposed rezoning to the "SC -2" zone can be supported. The recommended conditions of rezoning are set out in the recommendation and will ensure that any lounge operation is consistent with the applicant's proposal. RGP /r Project No. 07 -134 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT • R- I R- 1— B-2 'TH -R-2 R- 1A -3 B-- IL -1 1- 4 RS- P P us P� M If Vs R1 sel P Subject Site/site en question: Location: 1490, chernin Manawagonish Road Date: April 24 avril 2007 Scale/6chelle: Not to scale/Pa s 6 Mchelle RF PID(s)/NIP(s): 00403451 55002190 r 0 SIDE PA2 KJ N Loc Paf-io Area r EXT R CIF - 33f+ .� "FRONT PAk1C 7N LOT BY -LAW NUMBER C.P. 110 -38 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -38 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crdt6 ce qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6crdtd le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modi6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 13 -15 Main Street, having an area of approximately 370 square metres, also identified as PID number 00374694, from "IL -1" Neighbourhood Institutional to "BR" Business Residential. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire 1 La modification de 1'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie approximative de 370 metres carrels, situ6e au 13 -15, rue Main, et identifr6e sous le NID 00374694, de IL -1 6 zone commerciale rdsidentielle « BR ». - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - May 7, 2007 Premidre lecture - 7 mai 2007 Second Reading - May 7, 2007 Deuxieme lecture - 7 mai 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de I'Arrete de zonage de The City of Saint John 1 � _ RM -1 = ru •0•••• i Main •' P Js we tue St. ww• •�••••� - t FROM / DE TO / A ILA Neighborhood Institutional / Zone . BR Business Residential / Zone de quartier 6 vocation collectif commerciale r6sidentielle. Applicant: Philip Huggard Properties Ltd. Location: 13 -15 Main Street PID(s)INIP(s) 00374694 06 N -77 N E Drawn By /Cr6 (§e Par: David Couture Date Drawn /Carte Cr &L&e: May 2 mai, 2007 Considered by P.A.C. /considers par le C.C.U.: May 1 mai, 2007 Enacted by Council /Approuv6 par le Conseil: Filed in Registry Office /Enregistr6 le: BY -LAW NUMBER C.P. 110 -39 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: ARRATA No C.P. 110 -39 ARRIa'TA MODIFIANT L'ARRATA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a discrete ce qui suit : The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, dicrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning various properties shown on the map below from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "RM -IF" Multiple Residential Infill (except those properties shown in black). - 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 affixcd to this by -law the * day of *, A.D. 2007 and signed by: Mayor /Maire 1 La modification de ('annexe cA)>, Plan de zonage de The City of Saint John, penmettant de modifier la designation pour diverses propridtds de montrdes sur la carte ci- dessous de zone d'edifices A logements multiples de trois stages <<RM -1» et zone de tours d'habitations logements multiples «RM -2» 'a zone d'edification de logements multiples sur terrain intercalaire o RM -IF >> (excepte les propridtds en noir). - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr@te le 2007, avec les signatures suivantes : Common Clerk/Greftier communal First Reading - May 7, 2007 Premiere lecture - 7 mai 2007 Second Reading - May 7, 2007 Deuxieme lecture - 7 mai 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe ((A)) de I'Arr&t6 de zonage de The City of Saint John > J, At: e FROM I DE TO/A RM-1 Three Storey Multiple Residential RM-IF Multiple Residential Infill / Zone d'bdifices A logements Zone d'6difices i logements multiples de trois 6tages F7 multiples sur terrain intercalaire RM-2 High Rise Multiple Residential RM-IF Multiple Residential Infill / / Zone de tours d'habitations Zone d'6difices � logements ti logernents, multiples 0 multiples sur terrain intercalaire Applicant: City of Saint John Location: Old North End PID(s)1NIP(s) Multiple Drawn By/Cr66e Par: David Couture Date Drawn/Carte Cr66e: May 9 mai, 2007 Considered by P.A.C.Iconsid�r6 par le C.C.U.: May 1 mai, 2007 Enacted by Council/Approuv6 par le Conseil: Filed in Registry Office/Enregistr6 le: 10 Common Clerk's Office Bureau du greffier communal www.saintjohn.ca May 22, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.Q. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment — 71 Drury Cove Road A Public Presentation was made on April 10, 2007 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 as requested by Drury Cove Developments Inc. The required advertising has been completed, and attached you will find a copy of the application, public notice of the proposed municipal plan amendment and insertion order. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, July 3, 2007 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, e Elizabeth Gormley Assistant Common Clerk Attachment �C)A Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur �- Mailing Address of applicant / Addresse postale du demandeur ` . �- — Postal Code / Code postal Telephone Number / Numdro de t6l6phone Home / Domicile � L\�� - �L 7 _ Work / Travail �s c�j,s - Fn_� Fax Number / Numdro de t6ldcopieur _ \as _ 2�1� Name of Property Owner (if different) / Nom du propri6taire (si different) Address / Property Information / Renseignements sur la proprietk Location / Emplacement Civic # /No de voirie Postal Code / Code postal: (�w �,J * Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Present Zoning/ Zonage actuel PID / NIP Amendments Requested / Modifications demand6es M �kcipal Plan / Plan municipal Change Land Use Designation to ! Modif er la d6signation de l'utilisation des terres and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ditails en annexe) Zoning By -law/ Arr8ti sur le Zonage - Change Zoning to / Modification du zonage 1. rAPSS and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte ( indiquez les d6tails en annexe) Development Proposal / Proposition d'am6nagement Description of Proposal l Description de la proposition r�,A i,. -, ..,., D r ,rr-.Velf ? You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other form of information. The site plan must show -the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs, It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site a 1'elchelle illustrant votre proposition. Yous pouvez dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'eldvation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propr£etel, 1'emplacement de la totalitd des bdtiments, des alleles, des acres de stationnement, des amelnagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propridtd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuv$es. C�C�ceP`tS Careen �v��C�� d2��cc��CY� \�JYI Qc�PUSeG� V Provide any other information about your pr sal that w'duld be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. eFIV \ C.% % e h. Signature of App�cant / Signature Date z-7-1"� $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date rrc, . Si vous n'etes pas le propridtaire du terrain en question, veuillez obtenir la signature du propridtaire dans la pantie ci- dessous. La signature du propridtaire autorisant le traitement de la prdsente demande est requise pour que cette derniere soil examinele par le conseil communal. A. a r O �4 �. 0 0 61, TH PROPOSED BP 3.2 Ac - 0.4 LPP PID #55161384 d� n i OL i no 150' x 200' 'I B Q — 76 * 1.� P vo 55 Dr ry C ve Road B -2 S�oDe co °ch RaQa .s HIGHLANDS OF DRURY CUVL Technology centre March 13, 2007 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Low Density Residential and Open Space to Business Park, the following property: A parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Tuesday, April 10, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the land, from `B -2" General Business to "BP" Business Park, and subsequent development of a building for the assembly of heating products, and related office uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 10, 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 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 71, CHEMIN DRURY COVE Avis public est donne, par les pr6sentes, que le conseil communal de The City of Saint John a 1'intention d'dtudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2 -A du plan, de zone r6sidentielle de foible densite et zone des espaces verts a zone de parc commercial une parcelle de terrain d'une superficie approximative de 1,3 hectares, situ6e au 71, chemin Drury Cove, et portant le NID 55175558 et aussi etant une partie des NID 55027163, 55161384 et 55178909, telle qu'elle est delimitde sur la carte ci- dessous. (1NSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la s6ance ordinaire du conseil communal pr6vue le mardi 10 avril 2007 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage desdits biens -fonds afin de faire passer la classification s'y rapportant de zone commerciale gdndrale << B -2 » a zone de pare commercial << BP » en vue de I'amdnagement d'un batiment destine a 1'assemblage de produits de chauffage et de bureaux connexes. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 10 mai 2007 a 1'attention du soussignd. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, greffier communal 658 -2862 L4e kAd, yO Oy 4' PROPOSED MUNICIPAL PLAN AMENDMENT RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Conunon Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Low Density Residential and Open Space to Business Park, the following property: A parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Tuesday, April 10, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the land, from `B -2" General Business to "BP" Business Park, and subsequent development of a building for the assembly of heating products, and related office uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 10, 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 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 71, CHEMIN DRURY COVE Avis public est donne, par les presentes, que le conseil communal de The City of Saint John a 1'intention d'6tudier une modification du plan d'amenagement municipal visant a faire passer la classification du bien -fonds suivant, a l'annexe 2 -A du plan, de zone risidentielle de foible densite et zone des espaces verts a zone de parc commercial: une parcelle de terrain d'une superficie approximative de 1,3 hectares, situee au 71, chemin Drury Cove, et portant le NID 55175558 et aussi 6tant une pantie des NID 55027163, 55161384 et 55178909, telle qu'elle est delimitee sur la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu au cours de la sdance ordinaire du conseil communal prevue le mardi 10 avril 2007 dans la salle du Conseil, au niveau du hall d'entree, a Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage desdits biens -fonds afin de faire passer la classification s'y rapportant de zone commerciale gdndrale « B -2 » a zone de parc commercial a BP o en vue de 1'am6nagement dun batiment destine a 1'assemblage de produits de chauffage et de bureaux connexes. Veuillez faire part au conseil par dcrit de vos objections au projet de modification au plus tard le 10 mai 2007 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de 1'urbanisme et du ddveloppement 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 fdries. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, March 27, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 10 Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common ClerklGreffier 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 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor /Maire ARRETE No C.P. 105 - ARRETt MODIFIANT L'ARRET)N` RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a edicte ce qui suit : L'arretd relatif au plan municipal de The City of Saint John d6crW le 3 janvier 2006 est modifi6 par: 1 la modification de l'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la ddsignation d'une parcelle de terrain d'une superficie approximative de 1,3 hectares, situ6e au 71, chemin Drury Cove, et portant le NM 55175558 et aussi 6tant une partie des NID 55027163, 55161384 et 55178909, de zone r6sidentielle de faible densit6 et zone des espaces verts a zone de part commercial; - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrdt6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t& le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Common Clerk's Office Bureau du greffier communal www. saintjohn. ca March 20, 2007 / 20 mars 2007 Drury Cove Developments Inc. P.O. Box 275 Saint John, N.B. E21- 3Y2 Dear Sir: Re: 71 Drury Cove Road P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 o - The City of Saint John Monsieur, Objet : 71, chemiin Drury Cove Enclosed is a copy of the Public Vous trouverez ci- annexee une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisagee au plan municipal en vue de la redesignation of the above redesignation de la propriete ci- dessus. pro perty. Following the date for the receipt of objections, namely, May 10, 2007, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, J. atrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. Apres is date de reception des objections, c'est -a -dire le 10 mai 2007, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique et demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, 1'expression de nos sentiments distingues. May 9, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council SUBJECT: Council to Host Reception Over the course of the last couple of years, one of our citizens has been attempting to renovate an older home in the Uptown area. In good faith she set forth to invest thousands of dollars into structural and esthetic upgrades to her turn of the century home. After a series of disappointing renovations, last summer she endured a disaster. She and several of her closest friends were seriously injured when the deck they were standing on let go from her home. Due to the injuries sustained in the fall her life has been turned upside down. With mounting legal fees, her inability to work and the chronic pain she is suffering, her life seemed very bleak. Earlier this year, she was contacted by Mike Holmes from Holmes on Homes. A site inspection was done and she has qualified as a candidate for his show. He and his crew will arrive in June to completely address the necessary renovations to turn this very unfortunate situation into a celebration. As many of you know, Holmes on Homes is a nationally broadcasted show. This will be a unique opportunity for Saint John to be profiled to the rest of Canada. It would be wonderful to offer our guests some special Saint John hospitality. MOTION: I move that Council host a public reception to welcome Mr. Holmes and his crew to Saint John and thank him for selecting a very deserving candidate from our community and that arrangements be made through the Mayor's office. Respectively submitted, Deputy Mayor Michelle Hooton May 10, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: Funding for Not - for - Profit Organizations The federal student employment program has played an extremely important role in providing our students with valuable work experience for many years in the not - for - profit sector. The following is a list of not - for -profit organizations that have been denied funding for the upcoming summer season: YM /YWCA - all funding for positions for day camps and camps serving children with special needs • Saint John Boys and Girls Club - all funding • Saint John Arts Centre - all funding • Cancer Society - all funding • The Teen Resource Centre - all funding • Mispec Park Recreation Association - al l funding • Turnbull Nursing Home - all funding The Minister of Human Resources and Social Development, the Hon. Monte Solberg, has confirmed that all funding for the not for profit sector has been preserved. Unfortunately the criteria developed to assess need has negatively impacted Saint John's ability to receive funding. It is unrealistic to compare the crime rate of Montreal or Toronto with the rate of crime in Saint John. We have our own data supporting the philosophy that contributing and active youth decrease crime! Including unemployment rates of adults is irrelevant when assessing the employment needs of youth. Common sense would lead to the conclusion that we have a very high rate of unemployment for students — they have been in school! These not - for -profit organizations play critical roles in Greater Saint John above and beyond summer employment. A critical opportunity that will be eliminated without this funding is the YM /YWCA's ability to run summer camps including those serving children with special needs. The Saint John Arts Centre plays a critical role in developing and providing innovative and creative activities that cater to children interested in the Arts. Our community clearly understands the contribution that Art and Culture plays with the retention of our youth and the attraction of new citizens. Without this funding many of our most vulnerable children will find themselves spending their summer playing on the City streets rather than in the nurturing walls of the Boys and Girls Club. We have many many parents who rely on the affordability of the Not -for Profit youth related programs in the summer. Without these programs, some parents end up spending all of what they earn on day care. With a poverty rate of 24% and the highest percentage per capita of teen pregnancy, Saint John should be at the top of the list of communities approved. The criteria developed are unacceptable. We must speak with a united voice including our five Mayors and Councils, our MLA'a and our MP's. We must NOT indulge in partisanship on the backs of these children. Saint John politicians must unite as one party representing the needs of our community and diplomatically speak with one voice. MOTION: I move that Mayor McFarlane on behalf of the Common Council of Saint John formally request all political representation from the Greater Saint John Region to join together in requesting reconsideration of applications made, by our Not - for -Profit organizations, to the Federal Government. Respectively Submitted, Received by e -mail Deputy Mayor Michelle Hooton May 15, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: St. Peter's Ball Park Whereas St. Peter's Ball Park has a long history with the City of Saint John, and Whereas St. Peter's Ball Park may considered a heritage site for the sport of baseball in Saint John and New Brunswick, and Whereas, most ball players' at some point in their lives have played in St. Peter's Ball Park, and Whereas; St. Peter's Ball Park has not had the maintenance required to keep it in top shape, and Whereas, St. Peter's Ball Park needs renovations to restore its deteriorating facilities MOTION: I move that St. Peter's Ball Park be considered for renovations and restoration in the 2008 Leisure Services and Facilities management capital budgets to restore it to its glory days as a prime facility for baseball in Saint John. Respectively Submitted, Received by e -mail Deputy Mayor Michelle Hooton 9&4.'_SAINT JOHN May 22, 2007 OPEN SESSION Your Worship Mayor Norman McFarlane and Members of Common Council RE: Resolution on Pesticide Usage P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada EA 4L1 www.saintjohn.ca I wish to advise members of Council and the public that at a meeting of the Cities of New Brunswick held in Bathurst on May 12«', a Resolution was passed by those in attendance regarding the use of Pesticides in New Brunswick. The Resolution was passed unanimously by the delegates in attendance, representing the eight Cities in our Province, and was to be forwarded immediately to the Provincial Government for review and subsequent action. A copy of the Resolution was also going to be forwarded to the Union of Municipalities of New Brunswick and the Association of Francophone des Municipalities du Nouveau Brunswick. The Resolution put forth read as follows: HE IT THERFORE RESOLVED THAT Moncton City Council recommends that the New Brunswick Cities Association support Landscape New Brunswick in its desire to incorporate Integrated Pesticide Management Accreditation into the Landscape Pesticide Use Permit application process and urge the New Brunswick Government through the office of the Premier to move quickly to include IPM Accreditation as a criteria into the Landscape Pesticide Use Permit application. BE IT FURTHER RESOLVED THAT Moncton City Council recommends that the Cities of New Brunswick Association urges the New Brunswick Provincial Government through the office of the Premier to institute an immediate province -wide ban on the sale and use of combined fertilizer - herbicide products (combination products) in the province of New Brunswick. I would point out that the City of Saint John and the lead role in pursuing this matter, and it was agreed wording as presented above would satisfy the wishes copy of the full Resolution is attached for review. City of Fredericton also played a by those at the meeting that the of all concerned communities. A Explore our past % Explorez notre pass6 Discover your future / Decouvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay • St, Martins • Saint jo lu IG M_IM I move that this report be received and filed. Respe ull ubmi ed Carl A. White, Councillor Chairperson, Program and Resolution Committee, Cities of N.B. Association attachment MONCTON OFFICE OF THE CITY CLERK BUREAU DE LA GREFFIERE May 8, 2007 Ms. Sandra Mark Cities of New Brunswick Association P. O. Box 1421, Stn. "A" Fredericton NB E3B 5E3 Dear Ms. Mark: Moncton City Council, at the Regular Public Meeting of May 7, 2007, approved the following resolution: WHEREAS medical and health authorities have linked pesticides to numerous health issues and labeled them as a public health hazard, which is an important responsibility of the Province of New Brunswick's Department of Health and Wellness; and WHEREAS pesticides are valuable and necessary tools used to improve and protect our quality of life, but have been a controversial topic for over 40 years. WHEREAS there is considerable debate about almost every aspect of this issue, there seems to be general consensus in the literature and the feedback received during our Public Meeting 'on pesticides that the current use of chemical pesticides, in particular when used for non - essential purposes, can be drastically reduced; and WHEREAS The Pest Management Regulatory Agency (PMRA), a branch of Health Canada, encourages Canadians to seek opportunities to minimize their exposure to and reduce their reliance on pesticides; and WHEREAS the City of Moncton is supportive of the PMRA's initiative to encourage citizens to reduce their reliance on pesticides, it has adopted a voluntary pesticide reduction strategy to help achieve this goal; and WHEREAS Integrated Pest Management (IPM) has been proven to reduce pesticide use and Landscape New Brunswick would like to see all licensed pesticide applicators be IPM Accredited; and WHEREAS combined fertilizer- herbicide products (aka combination products) by their very nature apply pesticides over the entire property (blanket application) not only increase the amount of pesticides used per application but also increases the City flail /hotel de Ville 655 rice Rain Street tell tel (506) 853 -3550 Moncton, NR farlfelec (506) 859 -4225 Canada B16' 1L8 www. moncton. ca Page 2 May 8, 2007 frequency of application since the product also includes fertilizer which by its very nature could be applied several times per year. BE IT THEREFORE RESOLVED THAT Moncton City Council recommends that the New Brunswick Cities Association support Landscape New Brunswick in its desire to incorporate Integrated Pesticide Management Accreditation into the Landscape Pesticide Use Permit application process and urge the New Brunswick Provincial Government through the office of the Premier to move quickly to include IPM Accreditation as a criteria into the Landscape Pesticide Use Permit application. BE IT FURTHER RESOLVED THAT Moncton City Council recommends that the Cities of New Brunswick Association urges the New Brunswick Provincial Government through the office of the Premier to institute an immediate province -wide ban on the sale and use of combined fertilizer- herbicide products (combination products) in the province of New Brunswick Yours very truly, arbara A. Quigley City Clerk/Director of Legislative Support BAQIir C. Councillor P.A. Boudreau, Chairperson, Administrative & Legal Affairs Committee Councillor K.M. Barnes, Chairperson, Environment Committee C. Despres, Policy Analyst S. Trueman, City Solicitor J. MacDonald, General Manager, Engineering & Environmental Services v� l j May 17, 2007 t Deputy Mayor Michelle Hooton And Members of Common Council SUBJECT: Multiplex Project Background: Following the presentation of the Multiplex Committee's Need Confirmation Study to Council on April 10, 2007, Council approved a contribution of $60,000 toward the next phase of the study contingent on funding being secured from the neighboring communities of Saint John. We have now been advised that both Quispamsis and Grand Bay - Westfield have decided that they have other priorities for their communities, and they will not be contributing to the next phase. The funding commitment from the Town of Rothesay was conditional on the participation of Quispamsis and therefore, they have also decided not to contribute toward the next phase. The timely responses we received from our regional partners will now allow the City to look at other options for the Multiplex project. Their decision not to participate in funding for the Multiplex means that the City of Saint John will have to pursue this project on its own merits. It also means that both the scope of the project and the possible funding for the project must be reconsidered in light of Saint John's specific needs and our financial capacity. I am therefore asking for your support for the following resolution. Resolution: That the Multiplex Committee be requested to revisit their earlier recommendations and report back on a revised concept and possible funding options that will address the specific needs of Saint John. Submitted Norm I Maydr May 22, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Absence of Quorum for June 4, 2007 Council Meeting The majority of Council members will be at the FCM meeting in early June resulting in the absence of a quorum for the scheduled June 4t", 2007 meeting of Council, and it is therefore necessary to cancel that meeting. In order to comply with the City Government Act which requires that Council meet at least every 2 weeks, a short regular meeting of Council could be held Monday, May 28, at 5:00 p.m., and another on Wednesday, June 6. The Vision 2015 Committee has requested that an open Committee of the Whole meeting be held Wednesday, June 6, from 5:00 - 7:00 p.m. to present "Translating Vision into Action" and Sustainability Principles, which could be followed by a regular Council meeting dealing with time - sensitive items. This interim schedule would meet the requirements of the Act, with the regularly scheduled meetings resuming on June 18tH Recommendation: That a regular meeting of Council be scheduled for Monday, May 28, 2007 at 5:00 p.m.; the scheduled June 4, 2007 regular meeting of Council be re- scheduled for Wednesday, June 6, 7:00 p.m. following an open Committee of the Whole Meeting to be held from 5:00 — 7:00 p.m. for a Vision 2015 presentation, and that the matter be referred to the Clerk to notify the public of the meeting times. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk May 22, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Community Loan Fund At the May 7, 2007 Committee of the Whole meeting open to the public, it was the Committee's intention to revisit the Community Loan Fund presentation in regular session of Council. Council may wish to consider a resolution as follows: "Resolved that the presentation made on behalf of the Community Loan Fund at the Committee of the Whole meeting of May 7, 2007 be referred to the City Manager for a report. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk REPORT TO COMMON COUNCIL M &C2007 -155 May 17, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: 71r � I The City of Saint john 2006 Water & Sewerage Utility Fund and General Fund Capital Programs — Analysis Report PURPOSE The purpose of this report is to provide Council with an Analysis Report on the 2006 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND Common Council approved the 2006 Water & Sewerage Utility Fund Capital Program on January 30, 2006 (M &C 2006 -18) and the 2006 General Fund Capital Program on January 16, 2006 (M &C 2006 -16). The Water & Sewerage Program contains 46 individual projects while the General Fund Program consists of 33 individual projects. Adjustments to the Water & Sewerage Program and General Fund Program were approved on May 23, 2006 (M &C 2006- 128), July 18, 2006 (M &C 2006 -203), and on May 7, 2007 (M &C 2007 -130). REPORTING FREQUENCY Staff propose that Capital Program Analysis Reports for each annual program be provided for the information of Council in October/November of the year the programs are approved and again in April/May of the year following the program approval. The rationale for this reporting sequence is to bring the first report forward to Council after the majority of the construction tenders have closed and significant construction has been completed and then to report again in April/May of the following year after the majority of the final project costs are known. M & C 2007 -155 May 17, 2007 Page 2 CAPITAL PROGRAM ANALYSIS DATABASE A Capital Program Analysis Database was developed in -house by staff for the purpose of tracking and analyzing the progress and costs associated with each of the approved individual projects and the overall capital programs. Actual costs incurred against the projects are extracted from the City's GMBA system on a regular basis and imported into the Capital Program Analysis Database. The imported costs include amounts paid to contractors and consultants, and includes costs incurred against the project by City forces for items such as temporary water service during construction. Initial construction tender amounts and estimated design and construction management fees are entered into the system as the information becomes available. As projects are completed the cost information is updated to record final cost information. The internal setup of the database formulae produce a cost projection for each project indicating the total project cost, HST rebate, resultant net City cost and then projects a cost variance when compared to the approved budget allocation for the project. The variances are then totaled to produce an overall Capital Program Summary Report for each of the Water & Sewerage and General Fund Programs. CAPITAL PROGRAM ANALYSIS REPORTS Detailed Capital Program Analysis Reports are attached for both the 2006 Water & Sewerage Utility Fund and the 2006 General Fund Programs. In addition to the projected variance, the report also provides information relative to the status of each project. Most of the projects are completed or nearing completion and therefore the majority of the projected final costs and variances are based on actual final costs. As is identified on the Summary Report for the Capital Programs, the Water & Sewerage Utility Fund Program is projecting a $282,731 positive variance on a $20,355,954 overall program while the General Fund Program is projecting a $388,760 positive variance on a $10,061,922 overall program. The variance on the Water & Sewerage Program is within 1% of the overall program envelope while the variance on the General Fund Program is within 4% of the overall program envelope. The projected variances are considered to be acceptable based on the overall magnitude of the programs. The accuracy of the Analysis Report will improve as more final cost information is input into the database. M & C 2007 -155 May 17, 2007 Page 3 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 UTILITY FUND PROGRAM APPROVED BUDGET (CITY SHARE) ESTIMATED RECOVERY (OTHER) PROGRAM COST ACTUAL COST TO DATE PENDING COST HST REBATE PROJECTED NET COST PROJECTED CITY COST VARIANCE WITH ESTIMATE VARIANCE WITH CITY BUDGET Infrastructure Renewal- $2,635,000 $0 $2,710,373 $2,019,905 $850,469 $282,331 $2,588,043 $2,588,043 $122,330 $46,957 Sanitary Infrastructure Renewal - $3,615,000 $394,391 $4,353,498 $3,173,167 $1,266,289 $433,846 $4,005,610 $3,611,219 $347,888 $3,781 Water Wastewater Treatment $2,897,000 $5,533,000 $9,361,695 $32,387 $9,329,309 $940,703 $8,420,993 $2,887,993 $940,703 $9,007 Water Service Needs $3,520,000 $0 $3,553,277 $2,766,195 $935,519 $368,447 $3,333,268 $3,333,268 $220,010 $186,732 Watershed Protection $345,000 $0 $377,111 $33,241 $308,459 $32,954 $308,747 $308,747 $68,364 $36,253 Utility Fund Totals: $13,012,000 $5,927,391 $20,355,954 $8,024,894 $12,690,046 $2,058,281 $18,656,659 $12,729,269 $1,699,294 $282,731 "Approved Budget is the City's portion of the capital budget approved by Common Council. • Recoveries are funds that are contributed from other sources (e.g., other levels of government). • Projected City Cost is the projected NET cost to the City. It is the Actual Cost To Date plus Pending Cost minus the estimated HST Rebate and any monies recovered from other sources. • Variance with Estimate is the Program Cost minus the Projected Net Cost. Recoveries are not taken into account in this calculation. • Variance with Budget is the Approved Budget (City Share) minus the Projected City Cost. Recoveries are taken into account in the calculation of the Projected City Cost. Financial Data Updated May 9, 2007 Page 1 of 1 INFRASTRUCTURE RENEWAL - SANITARY PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Argyle Street Renew approx. 150m of 200mm sanitary sewer Bellevue Street Renew approx. 95m of 200mm sanitary sewer Busby Street Install sanitary lift station and piping for redirection of sanitary flows from storm system; easement acquisition Carpenter Place Renew approx. 65m of 250mm and 300mm sanitary sewer Cedar Point Park Study of Cedar Point Park sanitary lift station to determine design for upgrade of lift station handling capacity, including design services Charlotte Street West Renew approx. 210m of 200mm and 250mm T.C. (1913) with new 200mm and 300mm sanitary sewer 140,000.00 0.00 112,123.24 114,610.32 Final Tender Cost Issued: $112,123.24 60,000.00 0.00 68,787.82 71,232.37 Final Tender Cost Issued: $68,787.82 155,000.00 0.00 169,264.00 9,739.92 159,524.08 16,856.13 152,407.87 152,407.87 0.00 11,500.72 103,109.60 103,109.60 0.00 7,146.49 64,085.88 64,085.88 45,000.00 0.00 39,442.00 13,000.00 26,442.00 3,968.62 35,473.38 35,473.38 50,000.00 0.00 48,709.53 24,750.28 23,959.25 4,855.72 43,853.81 43,853.81 Final Tender Cost Issued: $48,709.53 195,000.00 0.00 177,334.83 194,037.26 0.00 19,458.93 174,578.33 174,578.33 Final Tender Cost Issued: $177,334.83 9,013.64 36,890.40 Project Completed 4,701.94 - 4,085.88 Project Completed 16,856.13 2,592.13 Project Awarded 3,968.62 9,526.62 Tender Issued 4,855.72 6,146.19 Project Completed 2,756.50 20,421.67 Project Completed Financial Data Updated May 9, 2007 Page 1 of 12 INFRASTRUCTURE RENEWAL - SANITARY PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Gooderich Street Renew approx. 160m of 225mm with new 300 mm, and install approx. 60m of new 300mm sanitary sewer Manawagonish Road Renew approx. 180m of 200mm and 300mm sanitary sewer McNamara Drive Repairs to existing 300mm conc. sanitary sewer and laterals as required Millidge Street Renew approx. 45m of 200mm and 450mm sanitary sewer Old Black River Road Install approx. 1370m of new 200mm sanitary sewer in conjunction with road reconstruction (Pre - approved by Common Council on November 7, 2005; M & C No. 2005 -338) 135,000.00 0.00 135,505.44 2,494.30 133,011.14 13,634.44 121,871.00 121,871.00 13,634.44 13,129.00 Construction Underway 110,000.00 0.00 122,310.00 20,000.00 102,310.00 12,306.73 110,003.27 110,003.27 25,000.00 0.00 12,761.00 12,653.24 0.00 1,273.16 11,380.08 11,380.08 Final Tender Cost Issued: $12,761.00 35,000.00 0.00 43,767.96 670,000.00 0.00 700,358.57 824,228.60 Final Tender Cost Issued: $700,358.57 12,306.73 -3.27 Tender Issued 1,380.92 13,619.92 Project Completed 43,767.96 43,767.96 43,767.96 0.00 - 8,767.96 Tender Issued 0.00 82,146.90 742,081.70 742,081.70 - 41,723.13 - 72,081.70 Project Completed Financial Data Updated May 9, 2007 Page 2 of 12 INFRASTRUCTURE RENEWAL - SANITARY PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Saint John East Sanitary Sewer Infiltration Study Improvements to the sanitary system in the area to correct ground water / storm flow infiltration based on the previous study, including design services Saint John East Sanitary Sewer Infiltration Study Study of sanitary system in the area to determine sources of ground water/ storm flow infiltration, including design services SCADA System Funding to supplement the 2005 Capital Program for Phase II of the installation of computer monitoring equipment for wastewater distribution system, including design and construction management services Sydney Street Renew approx. 160m of 450 x 900mm timber, 300mm and 750mm T.C. with new 200mm and 375mm sanitary sewer 150, 000.00 70,000.00 0.00 149,950.00 2,547.34 147,402.66 14,869.88 135,080.12 135,080.12 14,869.88 14,919.88 Design Underway 0.00 81,909.00 67,518.47 14,390.53 8,214.04 73,694.96 73,694.96 175,000.00 0.00 180,000.00 169,994.32 10,005.68 18,111.44 161,888.56 161,888.56 375,000.00 0.00 443,351.57 457,956.82 0.00 45,680.25 412,276.57 412,276.57 Final Tender Cost Issued: $443,351.57 8,214.04 - 3,694.96 Design Underway 18,111.44 13,111.44 Construction Underway 31,075.00 - 37,276.57 Project Completed Financial Data Updated May 9, 2007 Page 3 of 12 INFRASTRUCTURE RENEWAL - SANITARY PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Westgate Park 100,000.00 0.00 78,000.00 32,025.42 45,974.58 7,848.29 70,151.71 70,151.71 7,848.29 29,848.29 Study of Westgate Park Design Underway sanitary system and sanitary lift station to determine design for relief of system overloading and backups (including consideration of new overflow chamber), including design and construction management services Wright Street 145,000.00 0.00 146,797.56 3,116.20 143,681.36 14,459.67 132,337.89 132,337.89 14,459.67 12,662.11 Renew approx. 135m of Construction Underway 300m T. C. (1896) with new 300mm and 375mm sanitary sewer Infrastructure $2,635,000.00 $0.00 $2,710,372.52 $2,019,904.86 $850,469.24 $282,331.41 $2,588,042.69 $2,588,042.69 $122,329.83 $46,957.31 Renewal - Sanitary Totals: Financial Data Updated May 9, 2007 Page 4 of 12 INFRASTRUCTURE RENEWAL - WATER PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE future Capital Projects BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) Construction Underway DATE approx. 30m of 1050mm watermain, flow meters, ESTIMATE BUDGET Argyle Street 155,000.00 0.00 141,181.68 158,425.33 0.00 15,254.25 143,171.08 143,171.08 - 1,989.40 11,828.92 Renew approx. 190m of Final Tender Cost Issued: $141,181.68 Project Completed 150mm C. 1. (1946) with new 200mm and 250mm watermain Bellevue Street 250,000.00 0.00 207,308.64 241,675.20 0.00 22,974.52 218,700.68 218,700.68 - 11,392.04 31,299.32 Renew approx. 110m of Final Tender Cost Issued: $207,308.64 Project Completed 150mm C. 1. (1943) with new 200mm watermain; install approx. 160m of new 200mm watermain to loop and eliminate three dead - ends to address water quality issues in the area; easement acquisition Easement / Land 35,000.00 0.00 35,000.00 32,769.42 0.00 0.00 32,769.42 32,769.42 2,230.58 2,230.58 Acquisition; Survey Work Project Completed Easement / land acquisition, or survey work, required for future Capital Projects Gooderich Street 115,000.00 0.00 149,849.60 7,966.36 141,883.24 14,357.88 135,491.72 135,491.72 14,357.88 - 20,491.72 Renew approx. 220m of Construction Underway 150mm with new 200mm watermain Latimer Lake 1,030,000.00 0.00 1,140,000.00 1,053,225.75 86,774.25 113,663.25 1,026,336.75 1,026,336.75 113,663.25 3,663.25 Electrical system upgrades Construction Underway of chlorination facility; install approx. 30m of 1050mm watermain, flow meters, sampling and injection manholes Financial Data Updated May 9, 2007 Page 5 of 12 INFRASTRUCTURE RENEWAL - WATER PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Manawagonish Road 125,000.00 0.00 139,000.00 11,000.00 128,000.00 13,986.06 125,013.94 125,013.94 13,986.06 -13.94 Renew approx. 190m of Tender Issued 300mm C. 1. (1954) watermain Manawagonish Road 330,000.00 0.00 366,920.00 15,473.20 351,446.80 36,919.17 330,000.83 330,000.83 36,919.17 -0.83 Install approx. 500m of new Tender Issued 300mm watermain and transfer services from existing 350mm Hyprescon watermain McNamara Drive 300,000.00 0.00 324,123.82 336,701.12 0.00 33,332.12 303,369.00 303,369.00 20,754.82 - 3,369.00 Renew approx. 545m of Final Tender Cost Issued: $324,123.82 Project Completed 150mm C. 1. (1950 -1958) with new 200mm and 250mm watermain Mill Road Vault 100,000.00 0.00 98,244.85 99,821.48 0.00 10,021.56 89,799.92 89,799.92 8,444.93 10,200.08 Renew 600mm back Final Tender Cost Issued: $98,244.85 Project Completed pressure sustaining valve on 600mm transmission main to Irving Pulp & Paper to prevent cavitation within the valve Millidgeville Water System 380,000.00 0.00 423,774.00 128,385.01 295,388.99 42,341.52 381,432.48 381,432.48 42,341.52 - 1,432.48 Upgrades to SCADA and Construction Underway electrical systems; installation of new automated continuous chlorine monitoring and control system, including design and construction management services Financial Data Updated May 9, 2007 Page 6 of 12 INFRASTRUCTURE RENEWAL - WATER PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Newman Street Renew approx. 40m of existing 150mm C.I with new 200mm watermain SCADA System Funding to supplement the 2005 Capital Program for Phase II of the installation of computer monitoring equipment for water distribution system, including design and construction management services Spruce Lake Refurbishment of electrical and mechanical systems - Phase 1 of 3 Sydney Street Renew approx. 200m of 200mm C. I. with new 200mm and 250mm watermain Watermain Cleaning and Lining Cleaning and lining of existing unlined C.I. watermains to improve pressure, water quality, and fire flows in the area (Project made possible by Federal Gas Tax Revenue) 25,000.00 0.00 37,609.80 48,333.35 0.00 4,230.21 44,103.14 44,103.14 - 6,493.34 - 19,103.14 Final Tender Cost Issued: $37,609.80 Project Completed 175, 000.00 0.00 180,000.00 172, 874.30 7,125.70 18,111.44 161,888.56 161, 888.56 18,111.44 13,111.44 Construction Underway 300,000.00 0.00 358,000.00 300,000.00 58,000.00 36,021.65 321,978.35 321,978.35 145,000.00 0.00 140,447.00 152,148.20 0.00 14,546.18 137,602.02 137,602.02 Final Tender Cost Issued: $140,447.00 0.00 394,390.72 435,000.00 411,027.05 23,972.95 40,609.28 394,390.72 0.00 36,021.65 - 21,978.35 Construction Underway 2,844.98 7,397.98 Project Completed 40,609.28 0.00 Construction Underway Financial Data Updated May 9, 2007 Page 7 of 12 INFRASTRUCTURE RENEWAL - WATER PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Wright Street 150,000.00 0.00 177,038.40 3,340.98 173,697.42 17,477.28 159,561.12 159,561.12 17,477.28 - 9,561.12 Renew approx. 160m of Construction Underway 200mm C.I. (1956) with new 300mm watermain Infrastructure $3,615,000.00 $394,390.72 $4,353,497.79 $3,173,166.75 $1,266,289.35 $433,846.38 $4,005,609.72 $3,611,219.01 $347,888.07 $3,780.99 Renewal - Water Totals: Financial Data Updated May 9, 2007 Page 8 of 12 WASTEWATER TREATMENT PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Bayside Drive / Red Head 797,000.00 1,593,000.00 2,657,310.00 651.17 2,656,658.83 267,310.70 2,389,999.30 796,999.30 267,310.70 0.70 Road Construction of sanitary Design Underway; Tender Issued forcemain, including forcemain /collector systems for SLS #1 and SLS #50, easement / land acquisition, including construction management services - Phase l Long Wharf 130,000.00 0.00 134,108.14 10,057.49 124,050.65 13,122.83 120,985.31 120,985.31 13,122.83 9,014.69 Preliminary design of Lift Design Underway Station #10 and Forcemain /Collector System, easement / land acquisition, including design services Thorne Avenue 1,970,000.00 3,940,000.00 6,570,277.00 21,677.97 6,548,599.03 660,269.09 5,910,007.91 1,970,007.91 660,269.09 -7.91 Construction of Lift Station Design Underway #4, easement / land acquisition, including construction management services Wastewater Treatment $2,897,000.00 $5,533,000.00 $9,361,695.14 $32,386.63 $9,329,308.51 $940,702.62 $8,420,992.52 $2,887,992.52 $940,702.62 $9,007.48 Totals: Financial Data Updated May 9, 2007 Page 9 of 12 WATER SERVICE NEEDS PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Church Avenue 265,000.00 0.00 340,000.00 355,957.97 0.00 35,063.05 320,894.92 320,894.92 19,105.08 - 55,894.92 Design and construction of Final Tender Cost Issued: $340,000.00 Project Completed new PRV proposed as part of the reconfiguration of the water distribution system, including design and construction management services Flow Monitoring 120,000.00 0.00 94,333.77 97,090.59 0.00 9,577.63 87,512.96 87,512.96 6,820.81 32,487.04 Installation of system Final Tender Cost Issued: $94,333.77 Project Completed meters for monitoring of flows and data collection on the water distribution system in accordance with the Water Strategy, including design services. Manawagonish Road 130,000.00 0.00 144,040.00 Install approx. 190m of new 300mm watermain as a dedicated feed for the new Churchill Heights Storage Reservoir, proposed as part of the reconfiguration of the water distribution system (Phase 1 of 2) 25,051.98 118,988.02 13,984.85 130,055.15 130,055.15 13,984.85 -55.15 Tender Issued Pipeline Road West 2,105,000.00 0.00 2,087,400.00 2,207,476.16 Installation of approx. Final Tender Cost Issued: $2,087,400.00 2400m of new 600mm Transmission Main proposed as part of the reconfiguration of the water distribution system, including construction management services 0.00 221,011.07 1,986,465.09 1,986,465.09 100,934.91 118,534.91 Project Completed Financial Data Updated May 9, 2007 Page 10 of 12 WATER SERVICE NEEDS PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Red Head Road 400,000.00 Install approx. 1050m of new 300mm watermain, including construction management services 0.00 357,450.00 Water Distribution 100,000.00 0.00 System - Water Quality Install new watermains, fire Final Tender Cost Issued: hydrants, and valves to eliminate dead -ends and address water quality issues in the water distribution system Water Treatment 400,000.00 Preliminary design for proposed Water Treatment Facilities, including design services Water Service Needs $3,520,000.00 Totals: 62,653.63 $62,653.63 0.00 357,450.00 35,966.31 321,483.69 321,483.69 35,966.31 78,516.31 Tender Issued 72,299.69 0.00 6,651.58 65,648.11 65,648.11 - 2,994.48 34,351.89 Project Completed 0.00 467,400.00 8,318.56 459,081.44 46,192.38 421,207.62 421,207.62 46,192.38 - 21,207.62 Design Underway $0.00 $3,553,277.40 $2,766,194.95 $935,519.46 $368,446.87 $3,3339267.54 $3,333,267.54 $220,009.86 $1869732.46 Financial Data Updated May 9, 2007 Page 11 of 12 WATERSHED PROTECTION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Watersheds 200,000.00 0.00 220,010.80 19,929.96 200,080.84 22,043.26 197,967.54 197,967.54 22,043.26 2,032.46 Construction of facilities to Design Underway protect watershed from runoff from highway hazards, including construction management services Watersheds 45,000.00 0.00 45,000.00 9,589.78 0.00 0.00 9,589.78 9,589.78 35,410.22 35,410.22 Land acquisition for Project Completed watershed protection Watersheds 100,000.00 0.00 112,100.00 3,721.43 108,378.57 10,910.35 101,189.65 101,189.65 10,910.35 - 1,189.65 Structure evaluation and Design Underway dam condition report, including design services - Phase 1 of 3 Watershed Protection $345,000.00 $0.00 $377,110.80 $33,241.17 $308,459.41 $32,953.62 $308,746.96 $308,746.96 $68,363.84 $36,253.04 Totals: Financial Data Updated May 9, 2007 Page 12 of 12 GENERAL FUND PROGRAM APPROVED BUDGET (CITY SHARE) ESTIMATED RECOVERY (OTHER) PROGRAM COST ACTUAL COST TO DATE PENDING COST HST REBATE PROJECTED NET COST PROJECTED CITY COST VARIANCE WITH ESTIMATE VARIANCE WITH CITY BUDGET Environment $300,000 $280,788 $541,574 $679,940 $0 $68,390 $611,550 $330,762 - $69,976 - $30,762 Storm $1,225,000 $0 $1,245,111 $628,419 $638,244 $116,866 $1,149,798 $1,149,798 $95,314 $75,202 Transportation $5,825,000 $1,492,121 $7,511,730 $5,985,997 $1,887,726 $773,584 $7,100,139 $5,608,018 $411,591 $216,982 Water Street Reconstruction $815,000 $0 $763,507 $12,548 $750,959 $75,844 $687,663 $687,663 $75,844 $127,337 General Fund Totals: $8,165,000 $1,772,909 $10,061,922 $7,306,904 $3,276,929 $1,034,684 $9,549,149 $7,776,240 $512,773 $388,760 'Approved Budget is the City's portion of the capital budget approved by Common Council. • Recoveries are funds that are contributed from other sources (e.g., other levels of government). • Projected City Cost is the projected NET cost to the City. It is the Actual Cost To Date plus Pending Cost minus the estimated HST Rebate and any monies recovered from other sources. • Variance with Estimate is the Program Cost minus the Projected Net Cost. Recoveries are not taken into account in this calculation. • Variance with Budget is the Approved Budget (City Share) minus the Projected City Cost. Recoveries are taken into account in the calculation of the Projected City Cost. Financial Data Updated May 9, 2007 Page 1 of 1 ENVIRONMENT PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Howes Lake Landfill Site 300,000.00 280,788.18 541,573.70 679,940.11 0.00 68,390.28 611,549.83 330,761.65 - 69,976.13 - 30,761.65 Landfill site closure - Phase Final Tender Cost Issued: $541,573.70 Project Completed III, including design and construction management services Environment Totals: $300,000.00 $280,788.18 $541,573.70 $679,940.11 $0.00 $68,390.28 $611,549.83 $330,761.65 ($69,976.13) ($30,761.65) Financial Data Updated May 9, 2007 Page 1 of 8 STORM PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Argyle Street 50,000.00 0.00 17,772.04 17,772.04 0.00 1,788.21 15,983.83 15,983.83 1,788.21 34,016.17 Install approx. 80m of new Final Tender Cost Issued: $17,772.04 Project Completed 300mm storm sewer for separation Carpenter Place 175,000.00 0.00 139,907.25 11,000.00 128,907.25 14,077.35 125,829.90 125,829.90 14,077.35 49,170.10 Install approx. 285m of new Tender Issued 600mm and 750mm storm sewer; easement acquisition Charlotte Street West 160,000.00 0.00 182,306.66 183,216.82 0.00 18,343.54 164,873.28 164,873.28 17,433.38 - 4,873.28 Install approx. 210m of new Final Tender Cost Issued: $182,306.66 Project Completed 300mm storm sewer for separation Gault Road 180,000.00 0.00 175,125.40 195,249.14 0.00 19,266.43 175,982.71 175,982.71 - 857.31 4,017.29 Install approx. 370m of new Final Tender Cost Issued: $175,125.40 Project Completed 375mm storm sewer for separation Glen Falls Flood Control 100,000.00 0.00 100,000.00 290.85 99,709.15 0.00 100,000.00 100,000.00 0.00 0.00 System Proposal Received Design for renewal of existing control structure complete with control valve, including design services Gooderich Street 175,000.00 0.00 181,771.42 291.81 181,479.61 18,289.68 163,481.74 163,481.74 18,289.68 11,518.26 Install approx. 235m of new Construction Underway 375mm storm sewer for separation Financial Data Updated May 9, 2007 Page 2 of 8 STORM PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Manawagonish Road 95,000.00 0.00 105,630.00 9,109.37 96,520.63 10,628.40 95,001.60 95,001.60 10,628.40 -1.60 Install approx. 190m of new Tender Issued storm sewer for separation (D.O.T. funding will be sought) Newman Street 55,000.00 0.00 73,814.62 74,332.64 0.00 7,427.16 66,905.48 66,905.48 6,909.14 - 11,905.48 Install approx. 80m of new Final Tender Cost Issued: $73,814.62 Project Completed 300mm storm sewer for separation Sydney Street 125,000.00 0.00 137,156.39 137,156.39 0.00 13,800.56 123,355.83 123,355.83 13,800.56 1,644.17 Install approx. 160m of new Final Tender Cost Issued: $137,156.39 Project Completed 300mm and 600mm storm sewer for separation Wright Street 110,000.00 0.00 131,627.58 0.00 131,627.58 13,244.25 118,383.33 118,383.33 13,244.25 - 8,383.33 Install approx. 135m of new Construction Underway 375mm, 450mm, and 900mm storm sewer for separation Storm Totals: $1,225,000.00 $0.00 $1,245,111.36 $628,419.06 $638,244.22 $116,865.57 $1,149,797.71 $1,149,797.71 $95,313.65 $75,202.29 Financial Data Updated Page 3 of 8 TRANSPORTATION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Evergreen Avenue 170,000.00 0.00 185,789.06 1,379.22 184,409.84 18,584.35 167,204.71 167,204.71 18,584.35 2,795.29 Storm sewer, curb, sidewalk Tender Issued (west side only), road excavation, landscaping, paving Grannan Street (Church 370,000.00 0.00 314,780.33 348,398.41 0.00 33,636.01 314,762.40 314,762.40 17.93 55,237.60 Street) Project Completed Street reconstruction (storm Final Tender Cost Issued: $314,780.33 sewer, excavation, backfill, underground utilities, concrete sidewalks, ornamental lighting, paving) Hillcrest Road Road reconstruction (drainage control, ditching, road widening, expanded foam asphalt resurfacing - approx. 1,730m) Loch Lomond Road Storm sewer, excavation, backfill, curb, sidewalk, structure adjustments, shouldering, cold milling, paving Loch Lomond Road Concrete sidewalk, landscaping (south side) 320,000.00 0.00 343,851.90 343,851.90 0.00 34,598.08 309,253.82 309,253.82 34,598.08 10,746.18 Final Tender Cost Issued: $343,851.90 Project Completed 30,000.00 889,775.52 979,119.49 989,056.78 0.00 99,281.26 889,775.52 0.00 89,343.97 30,000.00 Final Tender Cost Issued: $979,119.49 Project Completed 20,000.00 0.00 21,000.00 24,500.00 0.00 2,465.17 22,034.83 22,034.83 - 1,034.83 - 2,034.83 Project Completed Loch Lomond Road 55,000.00 6,192.03 13,949.00 23,279.00 Land acquisition, road Final Tender Cost Issued: $13,949.00 widening, curb, sidewalk, 0.00 2,342.31 20,936.69 14,744.66 - 6,987.69 40,255.34 Project Completed Financial Data Updated May 9, 2007 Page 4 of 8 TRANSPORTATION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE 20,999.27 BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET McAllister Drive 95,000.00 0.00 95,000.00 95,000.00 0.00 95,000.00 95,000.00 0.00 0.00 Funding to supplement the 19,365.37 192,936.22 Project Completed 2005 Capital Program for $160,620.96 road reconstruction and 0.00 280,249.87 intersection improvements 311,603.10 0.00 31,353.23 McNamara Drive 440,000.00 0.00 469,625.52 487,110.60 0.00 47,709.31 439,401.29 439,401.29 30,224.23 598.71 Street Reconstruction Final Tender Cost Issued: $469,625.52 Project Completed (excavation, storm sewer, road widening, curb, sidewalk, landscaping, paving) Millidge Street Road realignment, storm sewer, curb, landscaping, paving, land acquisition Newman Street Street reconstruction (curb, sidewalk, traffic lights, cold milling, paving) Ocean Westway Asphalt cold milling, asphalt resurfacing Old Black River Road Road reconstruction (storm sewer, excavation, road widening, curb & gutter, sidewalk (one side), landscaping, paving, land acquisition) (Pre- approved by Common Council on November 7, 2005; M & C No. 2005 -338) 235,000.00 0.00 220,043.23 24,387.99 195,655.24 20,999.27 199,043.96 199,043.96 210,000.00 0.00 160,620.96 212,301.59 0.00 19,365.37 192,936.22 192,936.22 Final Tender Cost Issued: $160,620.96 0.00 280,249.87 311,603.10 311,603.10 0.00 31,353.23 280,249.87 0.00 Final Tender Cost Issued: $311,603.10 1,535,000.00 0.00 1,569,250.31 1,756,163.42 0.00 176,161.53 1,580,001.89 1,580,001.89 Final Tender Cost Issued: $1,569,250.31 20,999.27 35,956.04 Tender Issued - 32,315.26 17,063.78 Project Completed 31,353.23 0.00 Project Completed - 10,751.58 - 45,001.89 Project Completed Financial Data Updated May 9, 2007 Page 5 of 8 TRANSPORTATION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Pavement Preservation 570,000.00 0.00 592,775.31 599,649.98 0.00 59,170.49 540,479.49 540,479.49 52,295.82 29,520.51 Asphalt resurfacing, Final Tender Cost Issued: $592,775.31 Project Completed expanded asphalt stabilization, curb renewals, chip seal and / or other surface treatments Red Head Road 1,300,000.00 0.00 1,347,972.95 111,213.41 1,236,759.54 135,124.24 1,212,848.71 1,212,848.71 135,124.24 87,151.29 Road reconstruction Tender Issued (excavation, curb & sidewalk renewal, culvert renewal, guide rail, ditching, slope stabilization, paving, land acquisition), including design and construction management services (Pre - approved by Common Council on November 7, 2005; M & C No. 2005 -333) Rothesay Road 80,000.00 154,410.00 283,282.68 285,040.25 0.00 28,644.08 256,396.17 101,986.17 26,886.51 - 21,986.17 Raise road elevation Final Tender Cost Issued: $283,282.68 Project Completed (excavation, backfill, shouldering, paving) Rothesay Road Concrete sidewalk, landscaping (in conjunction with work proposed by Province of New Brunswick) Sand Cove Road Storm sewer, curb, landscaping 15,000.00 130,139.72 171,191.72 200,189.85 0.00 19,780.88 180,408.97 50,269.25 - 9,217.25 - 35,269.25 Final Tender Cost Issued: $171,191.72 Project Completed 65,000.00 0.00 71,146.58 Final Tender Cost Issued: $71,146.58 72,298.22 0.00 7,223.11 65,075.11 65,075.11 6,071.47 -75.11 Project Completed Financial Data Updated May 9, 2007 Page 6 of 8 TRANSPORTATION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (DESCRIPTION) (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Simms Corner 170,000.00 0.00 189,018.92 13,117.98 175,900.94 19,018.92 170,000.00 170,000.00 19,018.92 0.00 Design for realignment of Design Underway intersection and roadways including design services, regulatory approvals, land acquisition, and partnering agreements Union Street 30,000.00 31,353.68 34,861.40 34,861.40 0.00 3,507.72 31,353.68 0.00 3,507.72 30,000.00 Concrete curb repairs, Final Tender Cost Issued: $34,861.40 Project Completed structure adjustments, asphalt cold milling, asphalt resurfacing (D.O.T. funding will be sought) Victoria Street 115,000.00 0.00 136,847.05 147,593.83 0.00 14,618.27 132,975.56 132,975.56 3,871.49 - 17,975.56 Curb, sidewalk, Final Tender Cost Issued: $136,847.05 Project Completed landscaping, trees, cold milling, paving Transportation Totals: $5,825,000.00 $1,492,120.82 $7,511,729.51 $5,985,996.93 $1,887,725.56 $773,583.62 $7,100,138.87 $5,608,018.06 $411,590.64 $216,981.94 Financial Data Updated May 9, 2007 Page 7 of 8 WATER STREET RECONSTRUCTION PROJECT NAME APPROVED ESTIMATED PROJECT ACTUAL PENDING HST PROJECTED PROJECTED VARIANCE VARIANCE (DESCRIPTION) BUDGET RECOVERY COST COST TO COST REBATE NET COST CITY COST WITH WITH CITY (CITY SHARE) (OTHER) DATE ESTIMATE BUDGET Water Street 480,000.00 0.00 482,500.00 12,547.66 469,952.34 47,569.73 434,930.27 434,930.27 47,569.73 45,069.73 Street reconstruction - Construction Underway Phase II (construction of Harbour Passage elements on west side of street including ornamental lighting and landscaping, development of St. Andrew's Square, St. Patrick's Park and Veterans Tribute Park, land acquisition) Water Street 335,000.00 0.00 281,007.00 0.00 281,007.00 28,274.68 252,732.32 252,732.32 28,274.68 82,267.68 Waterfront development, Construction Underway enhanced parks and streetscapes Water Street $815,000.00 $0.00 $763,507.00 $12,547.66 $750,959.34 $75,844.41 $687,662.59 $687,662.59 $75,844.41 $127,337.41 Reconstruction Totals: Financial Data Updated Page 8 of 8 REPORT TO COMMON COUNCIL M & C 2007 - 154 May 16, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: The City of Saint John Contract 2007 -1: Manawagonish Road And Carpenter Place — Water, Sanitary & Storm Sewer Installation Manawagonish Road —Ridge Row to Fairville Blvd. — Street Reconstruction Municipal Designated Highways Grant Program BACKGROUND This Contract consists of projects that are approved in the 2006 & 2007 Water & Sewerage Capital Program and under the 2006 & 2007 General Fund Capital Program as follows: 1. Sections of the sanitary sewer on Manawagonish Road which are undersized or in poor condition will be replaced. 2. New storm sewer will be installed to allow the separation of the sanitary sewer from the storm sewer on Carpenter Place and Manawagonish Road. 3. A new 200mm watermain will be constructed on Manawagonish Road to service the homes and permit the removal of the services from the transmission main, and a 300mm watermain will be constructed on Manawagonish Road, to replace an existing watermain which is in poor condition. There will also be a new 300mm watermain connected to the Churchill Heights Water Resevoir from Manawagonish Road through a new easement. 4. A full street reconstruction on Manawagonish Road, from Fairville Blvd to Ridge Row, which includes excavation, backfill, curb, sidewalk, landscaping, and paving. The base asphalt will be placed this year after all pipework is complete, but the final surface lift of asphalt will be placed in the summer of 2008. TENDER RESULTS Tenders closed on May 15, 2007 with the following results: 1) Galbraith Construction Ltd., Saint John, NB $2,850,341.25 2) Gulf Operators Ltd., Saint John, NB $2,920,669.00 3) Fairville Construction Ltd., Saint John, NB $2,982,930.00 The Engineer's estimate for the work was $3,575,000.00. M &C2007- 154 May 16, 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. Staff have contacted the Province and provided them with a copy of the tender closing results and the low tender and they have given their approval to proceed. FINANCIAL IMPLICATIONS The contract includes work that is charged against twelve individual projects, financed through a combination of Provincial and City Funds, budgeted as follows: • Province 985,000.00 • City of Saint John 2,975,000.00 TOTAL $ 3,960,000.00 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 the City and others. The analysis concludes that the anticipated completion cost of the work specified, incorporating in the eligible HST rebate, is estimated to be $3,180,011.25: • Province $ 1,210,376.00 • City of Saint John $ 1,969,635.25 TOTAL $ 3,180,011.25 The attached letter from the Minister indicates that funds will be forthcoming for the reconstruction of Manawagonish Road, from Fairville Boulevard to Ridge Row. The analysis concludes that a total amount of $3,960,000.00 was provided in the budgets and that the projected completion cost of the project included in the Contract is estimated to be $3,180,011.25, including the City's eligible HST rebate - a $ 673,836.00 positive difference in the Water & Sewerage Utility Fund Capital Program and a $106,152.75 (- $225,376.00 Provincial Share and +$331,528.75 City Share) positive difference in the General Fund Capital Program. Staff will seek approval from the Provincial Department of Transportation for the additional funding to balance the shortfall in the Provincial Share. M &C2007- 154 May 16, 2007 Page 3 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -1: Manawagonish Road And Carpenter Place — Water, Sanitary & Storm Sewer Installation; Manawagonish Road —Ridge Row to Fairville Blvd. — Street Reconstruction; Municipal Designated Highways Grant Program, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $2,850,341.25 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager Minister Ministre Transportation Transports New Nouveau jurtlinsym-k C A N A D A File # 32 -105 February 8, 2007 Mr. Norm McFarlane Mayor City of Saint John PO Box 1971, 15 Market Square Saint John NB E2L 4L1 Dear Mayor McFarlane: I wish to acknowledge your letter concerning the Designated Highways Grant Program for the City of Saint John. The two recommendations approved by Common Council have been carefully reviewed and considered. Regarding the first recommendation requesting additional funds for Loch Lomond Road, I am pleased to advise you that•under our 2007 Designated Highways Grant Program, my Department is prepared to assist your city in the amount of $1,092,000 for upgrading and paving of Loch Lomond Road from Garnett Road to, Charles Street East. The $1,092,000 amount includes the original agreement amount of $400,000 plus the $692,000 requested by Common Council. This commitment is made on the condition that funds under the 2007/08 Designated Highway Grant Program are voted by the Legislative Assembly. Regarding the second recommendation requesting that the Grant Program be extended to include additional sections of Route 100, I am pleased to advise you that my Department is prepared to extend the Grant program to 2009 to cover the scope of work and funding amounts requested for the upgrading of Manawagonish Road and King William Road. The Department will make every effort to budget' at the funding schedule proposed by the City for 2007, 2008 and 2009. However, the Department reserves the right to adjust its allotments based on future budgets approved by the Legislative Assembly. TeL/1'616phone : P.O. Box 6000 Case postale 6000 (506) 457 -7345 Fredericton Fredericton Mayor Nonn McFarlane February 8, 2007 Page 2 In the years imnnediately prior to the original Grant agreement, the Department of Transportation participated financially in Route 100 ( Rothesay Avenue) with the City in the amount of $342,000 for asphalt resurfacing from Tim Street to Route 1 in 1998 and in the amount of $347,000 for the reconstruction from Seaton Street to Russell Street in 1999. In 2001, the Department invested close to $1,000,000 for the replacement of the structure at Marsh Creek along with the widening from McAllister Drive to Tim Street. In a letter dated October 23, 2002, former Mayor Shirley McAlary presented a schedule for work on Rothesay Avenue, Loch Lomond Road, Fairville Boulevard and Ocean Westway. In the "proposed action plan" attached to this letter, the City acknowledged the above - mentioned projects and did not list any further projects in these segments. This is consistent with the Department's position that Rothesay Avenue includes all of the street from Seaton Street to Route 1. On this basis, the Department is not prepared to extend the Grant program into 2010 and 2011 for additional work on Rothesay Avenue. In summary, the Department will reclassify the following streets 'to municipal streets as of January 1, 2007: 1) Route 100 (Ocean Westway) from King William Road to Route 7 Interchange. 2) Route 100 ( Fairville Boulevard) from Manawagonish Road to Catherwood Street. 3) Route 100 ( Rothesay Avenue) from Seaton Street to Route 1 4) Thorne Avenue and Loch Lomond Road from Rothesay Avenue to Route 111. The Department will retain the designation on: 1) King William Road from Route 1 to Ocean Westway and on 2) Manawagonish Road from Gault Road to Fairville Boulevard, until January 1, the year following the respective upgrade, in the approved Grant extension. Your interest in the highway system in your city is appreciated by the Department. Sincerely, Denis Landry Minister c.c. Hon. Roly MacIntyre, Minister of Supply & Services Hon. Edward Doherty, Minister of Post - Secondary Education, Training & Labour Abel LeBlanc, MLA — Saint John Lancaster Patrick Woods, Common Clerk Paul Groody, Commissioner of Municipal Operations & Engineering Eric Griffin, Deputy Senior Engineering Alan Kerr, District Engineer, Saint John REPORT TO COMMON COUNCIL M & C 2007 -151 May 15, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: 71r � I The City of Saint john SUBJECT: CONTRACT 2007- 8: LOCH LOMOND ROAD — 900mm WATER MAIN SEALS BACKGROUND This Contract consists of a project that is approved in the 2007 Water & Sewerage Utility Fund Capital Program, Infrastructure Renewal - Water Category as follows: 1. New seals for 900mm transmission main from Hickey Road to Lakewood Heights Subdivision (end of lock -joint pipe) This is the largest watermain seal project undertaken by the City. 900mm Watermain seals have been installed from One -Mile House to Champlain Drive under a series of previous contracts. This project will be completed in conjunction with the valve renewal project at Marsh Street and the new 1050mm transmission main and chlorine injection and sampling chambers project on the Pipeline Road East. TENDER RESULTS Tenders closed on May 9, 2007 with the following results: 1) Alltech Solutions Inc., Moncton, NB $387,215.00 2) Atlantic Underground Services Ltd., Riverview, NB $415,170.00 3) Fairville Construction Ltd., Saint John, NB $539,695.00 The Engineer's estimate for the work was $392,810.00 M & C 2007 -151 May 15, 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 $690,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $376,717.28 including the City's eligible HST rebate - a $313,282.72 positive difference in the Water & Sewerage Utility Fund Capital Program, Infrastructure Renewal - Water Category. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -8: Loch Lomond Road — 900mm Water Main Seals be awarded to the low tenderer, Alltech Solutions Inc., at the tendered price of $387,215.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering REPORT TO COMMON COUNCIL M & C 2007 — 150 May 17, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: 71r � I The City of Saint john Contract 2007 -32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction BACKGROUND This Contract consists of two projects that are approved in the 2006 Water & Sewerage Capital Program and two projects that are approved in the 2006 and 2007 General Fund Capital Program as follows: 1. A new 300mm watermain on Red Head Road from Midwood Avenue to the property of the future Eastern Wastewater Treatment Facility. 2. A new 600 mm sanitary forcemain on Red Head Road from the intersection of Bayside Drive to the property of the future Eastern Wastewater Treatment Facility and a new 200 mm sanitary sewer on Red Head Road from Midwood Avenue to Civic #315 Red Head Road. 3. Reconstruction of the Red Head Road from Bayside Drive to the existing entrance to Hazen Creek Sewage Treatment Plant. 4. Installation of approximately 11,000 tonnes of armor stone in selected areas along the west side of Red Head Road between Bayside Drive and Civic # 315 to stabilize the existing slopes in the area. M & C 2007 -150 May 17, 2007 Page 2 Contract 2007 -32 identifies the minimum amount of work to be completed by the following dates: Prior to October 15, 2007 All slope stabilization work, 600mm diameter forcemain from Bayside Drive to Midwood Avenue including temporary trench reinstatement with asphalt concrete base. Prior to October 15, 2008 All remaining pipelines, testing and disinfection, street reconstruction including new guiderail and asphalt base course, concrete curb and sidewalk and all property restoration. Prior to July 31, 2009 All asphalt concrete seal including driveway seal. TENDER RESULTS Tenders closed on May 9, 2007, with the following results: 1) Fairville Construction Ltd. $3,695,480.00 Saint John, NB 2) Galbraith Construction Ltd. $3,850,493.00 Saint John, NB 3) Gulf operators Ltd. $3,998,853.00 Saint John, NB 4) Debly Enterprises Ltd. $5,284,582.00 Saint John, NB The Engineer's estimate for the work was $4,384,891.60 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of the Gulf Operators Ltd. tender which contained two errors in mathematics. The math errors were corrected in accordance with the Tendering Procedures item 2.18(a) and the corrected amounts are reported herein. 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. M & C 2007 -150 May 17, 2007 Page 3 FINANCIAL IMPLICATIONS The Contract includes work that is charged against four 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 $5,590,000.00 was provided in the budgets and that the projected completion cost of the projects included in the Contract are estimated to be $3,570,366.74 including the City's eligible HST rebate - a $1,174,775.95 positive difference in the Water & Sewerage Utility Fund Capital Program and a $844,857.31 positive difference in the General Fund Capital Program. Approximately $1,100,000 of the $1,174,775.95 surplus funding identified in the Water & Sewerage Utility Fundy Capital Program is to be expended under a separate contract to be tendered for the installation of approximately 400 metres of 600 mm sanitary forcemain along Bayside Drive between Civic #450 and the Little River Bridge when this section of road is reconstructed later this year. Staff will report back to Council in the coming weeks to identify offsets to expend the $844,857.31 surplus funding in the General Fund Capital Program. Portions of the surplus funding may be required to install additional armor stone under the slope stabilization component of this contract. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction be awarded to the low tenderer, Fairville Construction Ltd, at the tendered price of $3,695,480.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager r The City of Saint John I May 15, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Sister Community - Elsipogtog First Nation The City of Saint John has from time to time entered into sister community relationships with communities from around the world. The pre - requisite for such an arrangement is a mutually beneficial partnership which enhances the present relationship. Recent examples of Saint John's sister city /community relationships include those with Shantou, China, Digby, Nova Scotia and Bangor, Maine. In 2006, a new relationship encompassing cultural, tourism, educational and wealth creation opportunities for citizens and visitors to Saint John began between Saint John and the Mi'Kmaq First Nation of Elsipogtog. BACKGROUND Elsipogtog First Nation is the largest Mi'Kmaq Reserve in New Brunswick and the second largest Mi'Kmaq community in Atlantic Canada. It is located within the Signigtog District of the Mi'Kmaq Nation. Elsipogtog is approximately seven 7 miles (10 kilometers) west of Rexton, N.B. The community's name was changed from Big Cove to Elsipogtog in October of 2003. With a population of approximately 2800, Elsipogtog is roughly the size of Kent County, and it is one of the seven districts or territories of the Mi'Kmaq Nation which encompasses much of Atlantic Canada. PARTNERSHIP OPPORTUNITES Saint John's cruise market has proven to be a catalyst for the development of new waterfront tourism product, and as a stimulant for private and public capital investment. The interest of the Elsipogtog Mi'Kmaq First Nation in exploring opportunities to formalize a relationship with Saint John can be seen to be a direct result of Saint John's growing cruise ship presence. Supported by Business New Brunswick and the New Brunswick Aboriginal Affairs Secretariat, the Elsipogtog are interested in partnering with Saint John to enhance their wealth creation opportunities. 014- Lr SAINT JOHN P.O. Box 1971 Saint John, NS Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N.-B, Canada ER 40 Report to Common Council Subject: City of Saint John and Elsipogtog First Nation From a cultural and educational point of view, a sister community relationship between Saint John and Elsipogtog Mi'Kmaq First Nation will also enhance awareness and understanding of the historic importance of the First Nation and Mi'Kmaq presence in Saint John. The New Brunswick Museum has been invited to explore new programs and expand exhibitions with the Mi'Kmaq should the relationship be secured. The sister community relationship would also provide cultural and economic opportunities greater than those currently experienced by the Mi'Kmaq in Saint John. The cultural enrichment offered by experiential interaction with our first settlers is a rare opportunity, and one beneficial to a true understanding of the Mi'Kmaq culture and how it has developed in our City. ABORIGINAL TOURISM: KEY TOURISM SECTOR POISED FOR GROWTH The potential exists for developing authentic aboriginal product(s) through cooperation with existing tourism education and marketing entities. Real possibilities also exist to leverage additional funding for expanded tourism, cultural and heritage interpretative activities as part of this initiative. Once a formal relationship between Saint John and Elsipogtog Mi'Kmaq First Nations exists, organizations to be targeted by the partnership may include Heritage Canada, Parks Canada, the Canadian Tourism Commission, Aboriginal Affairs (federal), and various departments and secretariats of the Province of New Brunswick. Contributions from the City and Tourism Saint John are expected to be minimal and include primarily services -in -kind. Enterprise Saint John, the NB Museum and key local tourism operators are also committed to developing this opportunity and are excited about the possibilities if offers to visitor attraction. Several initiatives (product development, recognition of historic events) are currently under discussion that are in line with this sister community relationship and would build on the wealth creation and cultural awareness objectives. SUMMARY: In conclusion, a sister community relationship based on wealth creation, enhanced cultural awareness and new tourism development opportunities between the City of Saint John and the The Elsipogtog Mi'Kmaq First Nation presents real opportunities for both communities. RECOMMENDATION; That Common Council of the City of Saint John establish a Sister Community relationship with The Elsipogtog Mi'Kmaq First Nation and adopt the following resolution: 4 Report to Common Council Subject. City of Saint John and Elsipogtog First Nation I. WHEREAS The Elsipogtog Mi'Kmaq were among the First Nations tribes to inhabit the Saint John region, and II. WHEREAS The Elsipogtog Mi'Kmaq First Nation and The City of Saint John are interested in exploring and promoting wealth creation opportunities common to both communities, and I1I. WHEREAS The Elsipogtog Mi'Kmaq First Nation and The City of Saint John wish to create mutually beneficial opportunities and industry partnerships related to cultural, heritage and waterfront tourism product as examples of development in the City, and IV. WHEREAS The Elsipogtog Mi'Kmaq First Nation and The City of Saint John desire to explore the educational opportunities for youth and citizens by enhancing interaction and cultural awareness with founding First Nations cultures, and V. WHEREAS the Elsipogtog Mi'Kmaq First Nation and The City of Saint John have both expressed an interest and willingness to work together for the greater good of their citizens, and VI. WHEREAS a sister community relationship between The Elsipogtog Mi'Kmaq First Nation and The City of Saint John will afford a valuable opportunity for both to stand together to attract financial and cultural support form various national organizations and other levels of government BE IT THEREFORE RESOLVED that The Elsipogtog Mi'Kmaq First Nation be officially recognized as the Sister Community of The City of Saint John as of the date of adoption of this resolution, and FURTHER, that the Mayor and Common Council of The City of Saint John extend greetings and best wishes to Chief Susan Levi - Peters of the Elsipogtog Mi'Kmaq First Nation in recognition of this new found relationship. Signed under the Seal of The City of Saint John this daypf 2007. Respectfull submitted, atrick Woods Terrence L. Totten FCA uty City Manager City Manager 91 OPEN SESSION M &C2007 -157 May 17, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Request for Amendment to a By -law Respecting the Control of Dogs and Cats BACKGROUND A Council committee for by -law review has been meeting regularly over the past year examining a number of so- called "nuisance" or "soft" by -laws. The meetings have been productive and recommendations have been made to Council in particular with respect to the Noise By -law and the proposed Postering By -law. Most recently discussions at the committee meeting centered around the so- called Poop and Scoop By -law (which actually forms a part of the Control of Dogs and Cats By -law), and its enforcement. Essentially it is impossible or next to impossible to effectively enforce this by -law through the Courts. What needs to happen is two -fold. Firstly, the penalty for allowing your pet to defecate in public places and the owner allowing the feces to remain must be increased. More importantly this habit by dogs and owners must be denormalized. In other words, people have to learn that it is the normal thing to clean up after an animal as opposed to leaving the debris. This denormalization will take some time to achieve, however, it is the Committee's belief that this can happen in a similar fashion as most persons readily wear seatbelts today. It is the normal thing to do. The Committee will be working on strategies to this end. However, in the meantime, it is the Committee's recommendation that the penalty (fine) for not cleaning up after your animal be increased. Currently persons are liable to a fine of not less than $20 and not more than $200 per offence. The Committee is recommending that those amounts be increased to not less than $250 and not more than $500 per offence. M & C 2007 —157 - 2 - May 17, 2007 If Council concurs, first and second readings of the following amendment are in order. Section 9(3) is repealed and the following is substituted. 9(3) A person who fails to comply with any other provision of this by -law commits an offence and is liable to a fine of not less than $250 and not more than $500. RECOMMENDATION Your City Manager recommends that first and second readings be given to the following amendment: Section 9(3) is repealed and the following is substituted. 9(3) A person who fails to comply with any other provision of this by -law commits an offence and is liable to a fine of not less than $250 and not more than $500. Respectfully submitted, Terrence Totten, CA City Manager REPORT TO COMMON COUNCIL M & C — 2007 May 18, 2007 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Reduction in Summer Grants BACKGROUND: � The City of Saint John This year there has been a significant drop in grants that the City and its partners normally receive to be able to provide summer programming to the youth of Saint John over the summer months. This reduction will have an impact on staff's ability to provide the same level of services offered in the past. The City will need to hire additional staff that last year was covered by grants, (i.e. Red Head playground, Jr. Tennis Program). The biggest loser of these grants was the Forest Glenn Community Centre Integrated Day Camp run this season by the YM -YWCA. Also, the Kiwanis Club, who has given assistance over the past years, did not receive any grants this year as well. ANALYSIS: Normally the City applies for grants as do a number of private agencies. We partner with these agencies, provide appropriate training and supervision to run the city wide summer programs. In 2006, the amount of combined grants received was 27. This year the combined amount is 14. The breakdown is as follows: Grants received for 2007: SEED — 2 playground jobs for Glen Falls (private) SEED — 2 Day camp jobs for Latimore Lake (private) SEED — 2 Park Maintenance jobs for Champlain Heights (private) SEED — 2 City of Saint John (1 Rockwood, 1 Playground) SEED — 1 Carleton Community Centre Advisory Board (private) SEED — 1 KBM (private) SEED - Milford expect 1 or 2 after May 23/07 annual meeting (private) Summer Career Placement — 3 grants Carleton Community Centre Advisory Board (private) Total available for 2007: SEED 11, SCP 3 Grants received for 2006: SEED — 1 City (Jr. Tennis) SEED - 1 Shamrock Tennis Assoc (private) SEED — 2 SEED (EEO) grants for day camp. (Employment Equity Opportunity, for students with disabilities) (private) SEED — 1 SEED EEO grant from Saint John Deaf and hard of Hearing SEED — 2 SEED for Latimore Lake (private) Summer Career Placement — 1 for Latimore Lake (private) Summer Career Placement — 11 grants (provided $3.95 / hr subsidy for each student) day camp (City) Summer Career Placement — 2 grants (City of Saint John) for Loch Lomond site Summer Career Placement — 2 grants to the Kiwanis Club for Red Head (private) SEED — 3 Carleton Advisory Board (private) SEED - 2 KBM (private) SEED - 2 Milford (private) SCP — 2 Carleton Advisory Board (private) Total received in 2007: SEED 9, SCP 18 The biggest impact of not receiving these grants will affect the Integrated Day Camp at Forest Glenn Community Centre. This year it was to be taken over by the YW -YMCA as part of their Community Centre operations. This camp normally required a staff of up to 14 to be effective. The YW -YMCA has discussed moving some grant staff from other operations to the Integrated Day Camp although it still may be forced to run the camp at a reduced level. Other areas affected are: - The Junior Tennis Program which will be reduced from 2 to 1 staff this summer. - Crescent Valley & South End groups through Vibrant Communities did not receive any grants for their programs and it is not certain what will happen here. -The Kiwanis Club who usually receive several grants and have been a big supporter of our summer programs received no grants. - The City will strive to offer the same level of service it has in the past. Staff feels these summer programs are very important to the youth of Saint John, especially the disadvantaged that attempts must be made to accommodate. This may mean some reductions in programming in other areas of recreation during the winter months. The reduction of these grants is affecting all communities in New Brunswick. There is a meeting set for noon Tuesday, May 22 at the Church of St. Andrew and St. David at 164 Germain St. hosted by the Human Development Council to discuss the impacts these grant reductions are having on services to the Saint John area. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager May 18, 2007 To: His Worship Mayor Norm McFarlane and Members of Common Council Subject: Recreation Implementation Committee Report Background Information: The Recreation Interim Committee (RIC) has met with the following volunteer committees: Gorman Arena Field development committee affiliated with Saint John Soccer; the Lancaster Kiwanis Club Artificial Turf Multi -use Field Committee; and the existing Sub - committees who have been working with the RIC for over a year. As a result of this meeting, the volunteer organizations and participants have agreed to the recommendations described in this report for Common Council consideration. Objective and Purpose of the RIC in working with community organizations: • To increase community participation in sport and recreation. • To create a community of choice for health and wellness through physical activity opportunities and community involvement • To provide fair representation from the community to ensure project concepts, planning and investment are done right from the start. • To increase community economic opportunities through Sport and Recreation Tourism and increased community involvement Community Priorities include: Canada Games Stadium Refurbishment Project Regional Multi —Plex Project Gorman Arena Field Project Lancaster Kiwanis Multi -Use Artificial Turf Project Each of these projects is worthy of consideration and phased support. Each project has been highlighted or discussed in the original Regional Recreation Facilities report commissioned by Common Council. John Wallace Chaired the committee that produced the report. Community volunteers made up the report committee. Common Council formed the RIC to further support the report recommendations. The RIC therefore is interested in and support of a "Phased Approval Approach" for Common Council's consideration. 4 Irirn,et?dar =° ° ,; Common Council endorses the "Phased Approval Approach ". This approach would assist the community volunteer participants who are working on the RIC related projects. As community volunteers progress through each phase of a specific project they will be required to address specific issues to determine the feasibility of the project. Canada Games Stadium refurbishment phases: Phase 1 Present facility priority report to council. Phase 2 Seek Provincial, Municipal and UNBSJ financial support for concept refurbishment design. Phase 3 Work with National Event Hosting Committee to seek; provincial, national or international sporting event opportunities. Phase 3 Seek corporate sponsorship opportunity and express intent to council. ln: Seek commitments from the City of Saint John, Province of New Brunswick, UNBSJ and corporate sponsorship for refurbishment, detailed engineering/ designs and construction/operating costs. For example, if the province of New Brunswick agrees to an appropriate cost sharing agreement, then you proceed to the next partnership or Phase. The commitment agreements must include partners listed above. Multi -Plex phases: Phase I Present facility priority to Council. Phase 2 Seek financial support from province and city to develop needs confirmation study of the Wallace Report. Phase 3 Engage consultant and complete study. Phase 4 Seek City of Saint John Commitment on cost sharing facility design. Phase 5 Seek regional municipal support for cost sharing site selection, detailed engineering /facility design and municipal /corporate partnership. For example, if the province of New Brunswick agrees to an appropriate cost sharing agreement, then you proceed to the next Phase. The commitment agreements must include all municipalities in the Greater Saint John region. T ` 3' Upon receipt of facility detail design, and site location ie -. study commitment from the municipalities of the Greater Saint John region, seek Municipal, Provincial and Federal construction cost partnership representing "a third, a third, and a third" cost sharing agreement and /or any other feasible funding arrangement. Gorman Arena Field project phases: Phase 1 Present report to Common Council introducing project design concept Phase 2 Develop commitment from city to dedicate staff to work with volunteers on project phases. lt�et;t11'`4: The City of Saint John commit in partnership with the Gorman arena committee for one year, that the Gorman arena property, specifically due to anticipation for field development, is not sold, nor used for other development prior to the ongoing committee's completed feasibility and assessment report Lancaster Kiwanis Artificial Turf Multi -use Field project phases: Phase 1 Seek agreement on land use for school property. Phase 2 Seek funding for concept designs. Phase 3 Complete facility concept design. eilf # 5- Present facility concept design to Common Council. Determine in collaboration with city staff the feasibility of partnering with the City of Saint John to issue tax receipt for corporate sponsorship donations as they develop. If necessary, the City will hold corporate sponsorship donations in a special account until such time as the Kiwanis club reaches fundraising targets. Work out details of this partnership. Conclusion: The intent is not for Common Council to pre- approve any project. However the intent is to have Common Council commit to the continuing work of volunteers, the continued support of municipal staff, and to consider enhanced staff involvement as project feasibilities progress and partnerships are formed. The Recreation Implementation Committee agrees with the body of this report and recommends to Common Council that they agree to the partnership requested of the City of Saint John in the recommendations. This will ensure project phases can continue. The RIC recognizes that these recommendations in no way represent approval and completion of all projects. However it provides the foundation for community projects to move forward based on commitment and sound feasibility. The community organizations involved with all projects encourages Common Council to agree in principal to all 5 recommendations (see Page. 4, Proposed Common Council Resolution and Recommendations). I want to thank the Mayor and Members of Common Council for your consideration on this matter. Respectful bmi ted, ohn Fe r son Chairperson Recreation Implementation Committee 4 Proposed Common Council resolution: Be it resolved; Common Council agree in principal to all 5 recommendations based on a "Phased Approval Approach" for Common Council's consideration. In addition Common Council directs the City Manager to implement the necessary staff collaboration and/or administrative documents to finalize the partnership arrangements described herein. Recommendation Summary: Common Council endorses the "Phased Approval Approach ". This approach would assist the community volunteer participants who are working on the RIC projects. To encourage continued municipal staff involvement and increase municipal staff involvement when necessary. As community volunteers progress through each phase of a specific project they will be required to address specific issues to determine the feasibility of the project. Community organizations and sub - committees will continue collaboration with staff for project phases through the RIC for reports to Common Council. R Canada Games Stadium Refurbishment Project — Seek commitments from the City of Saint John, Province of New Brunswick, UNBSJ and corporate sponsorship for refurbishment, detailed engineering/designs and construction/operating costs. Iecotapxt- p Multi -plea Project — Upon receipt of facility detail design, and site location study commitment from the municipalities of the Greater Saint John region, seek Municipal, Provincial and Federal construction cost partnership representing "a third, a third, and a third" cost sharing agreement and /or any other feasible funding arrangement. lcozia�ratjat�oxa # Gorman Arena Field Project — The City of Saint John commit in partnership with the Gorman arena committee for one year; that the Gorman arena property, specifically due to anticipation for field development, is not sold, nor used for other development prior to the ongoing committee's completed feasibility and assessment report. ecvritx `' Lancaster Kiwanis Artificial Turf Multi -use Field project — Present facility concept design to Common Council. Determine in collaboration with city staff the feasibility of partnering with the City of Saint John to issue tax receipt for corporate sponsorship donations as they develop. If necessary, the City will hold corporate sponsorship donations in a special account until such time as the Kiwanis club reaches fundraising targets, Work out details of this partnership MAY.11 '07 (FRI) 15!48 FUNDY REGION SWC 5067381207 PACE .2 v Fundy Region SON wasw Commisslen PO Banc I CP 3032, Grand Bay- Westfield tub E5K 4V3 Cawniuiati degalf an T 506 738-1212 e F 506 138-1207 das dkheb saildes do hotline @fundyrecycles.com Fundy To: The Municipalities and LSD's of the Fundy Region. Re_ Wastc Haulers moving solid waste to Nova Scotia and between New Brunswick Regions IMPLiCATTONS TO THE FUNDY REGION May 11, 2007 The Fundy Region Solid Waste Commission is looking for a statement of your support. This statement would be communicated, to the provincial gavernment through the .1301 < (Department of Environment) and/or your MLA, as they attempt to enact legislation to prevent solid waste haulers from shipping any solid waste outside of New .Brunswick and between regions within the province. Failure to enact this legislation will have significant financial impact on the communities of the Fundy Region. At a meeting on March 26, 2007, between the DOE-and the general managers of the New Brunswick landfills, it was discussed that some private haulers may have the intention to begin hauling 10 (Industrial, Commercial and Institutional) waste, and so>ne residential. solid waste, to landfills in Nova Scotia, and possibly between regions within the province. For a number of reasons, including the regulatory differences between. NS and NB, this could be a financially viable move for the haulers in the near future, and it would have a negative impact on (lie Fundy .Region. The DOE is attempting to get .legislation, enacted at this time. This issue will have a drastic impact: on. our region i f legislation is not enacted. For example, ICI waste makes up about two - thirds ofthe,waste stream coming too the laridfill, and therefore the majority of the revenue to the landfill in tipping; fees. If this revenue streat.n. were to be allowed,to leave the region, it would affect. us and the community in the fallowing mantler: I - The tipping fees would have to be raised in the region on. the remaining municipal streams to onsurc we can inaintain our levels of service to the environnn.ent and community, 2. Our programs, including Household Hazardous Waste, composting and recycling, would be negatively impacted as they are supported by the tipping fees, 3. Trucking waste that distance is an unnecessary toad on the environment by burning more fossil fuel. This issue is of great concern to us environmentally and financially. We look forward to you providing your support: by communicating with the DOE and MLA's, to prevent private haulers from luuling any solid waste outside the province or between regions in. New'Brun.swick. . Sincer a4 Mac L6 d General Manager Fundy Region Solid Waste Commission NAY. j] '07 (FRI) 15:47 FUNUY AFGION SWC FG673o1247 F'AC:B. 1 u ' I. i - . Solid Wale oh fission To: , C c - i4 T wt1 d ns Company: Cr ry o r 54.rAtr �yl !V Fax No: 3 2- 6 l 2 From- Number of Paws'; . (including this cover sheet) Fax Message: Please find attached a letter from the General Manager of the Fundy Region Solid Waste Commission for consideration as an agenda item at your next council meeting. We would prefer this remain closed and confidential for the time being. The letter is regarding transportation of solid waste outside the province and between regions and the negative financial impact to the Fundy Region. Please have this important topic added to your next council agenda for discussion regarding support far legislation preventing this from occurring. Your Commission representative has a copy of the letter and is aware of the situation. PleaWfeel free Mbirc M General Manager, 738-1213 with any questions. P.O, Box 3032 Grand Bay - Westfield NB ESK 4V3 Tel: 506.738.1212 Fax: 506.738.1207 Lmall: hafllneWundyrecycles,com