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2007-12-17_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, December 17, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor City Hall 1.1 Legal Opinion 10.2(4)(f) 1.2 Breach of Confidentiality 10.2(4)(f,g) 1.3 Governance Structure PSCC 10.2(4)(c) 1.4 Personnel Matter 10.2(4)0) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. 2. Approval of Minutes 2.1 December 3, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 NB Historical Society First Meeting of NB Legislature (Recommendation: Receive for information) 5.2 Saint John Theatre Company (Recommendation: Refer to City Manager) 5.3 Cedar Hill Greenwood Cemetery (Recommendation: Refer to City Manager) 5.4 Fundy Bay Festival (Recommendation: Refer to City Manager) 5.5 Fort Dufferin Project (Recommendation: Refer to City Manager) 5.6 Engine Retarders (Recommendation in Report) 5.7(a) Local 771 IAFF Saint John Fire Fighters' Assoc (Recommendation: Receive for Information) 5.7(b) Local 771 Grievance FD 2007 -01 Employees Denied Disability Pension (Recommendation in Report) 5.8 Purchase of Two IBM AS400's (Recommendation in Report) 5.9 Contract 2007 -41 Water St Precinct Saint Andrew's Park Enhancements (Recommendation in Report) 5.10 Clubhouse Renovations Rockwood Park Golf Course (Recommendation in Report) 5.11 Masonry Re- pointing Carnegie Building 20 Hazen Ave (Recommendation in Report) 5.12 Tender for Collection of Residential Solid Waste (Recommendation in Report) 5.13 2008 Insurance Renewal (Recommendation in Report) 5.14 Request to Withdraw Rezoning application 298 Westmorland Rd (Recommendation in Report) 5.15 Acquisition PID 37333 119 Union St (Recommendation in Report) 5.16 Public Hearing Dates and Authorization of Application 230 Water St/243 Prince William St and 917 Fairville Blvd(Recommendation in Report) 5.17 Sale of Portion of City Land formerly Constance Street to 051679 NB Inc (Recommendation in Report) 5.18 Emera Pipeline Amended TWR Agreement Rockwood Park (Recommendation in Report) 5.19 Emera Brunswick Pipeline Co. Ltd. Permanent Access Agreement (Recommendation in Report) 5.20 Emera Brunswick Pipeline Co. Ltd. Easement Agreement off Proud Rd (Recommendation in Report) 5.21 Land Exchange Retail Dr (Recommendation in Report) 5.22 Amending Report for Sale of Land 51 -59 Metcalf St (Recommendation in Report) 5.23 Property Acquisition 40 Upper Golden Grove Rd (Recommendation in Report) 5.24 History Class Saint John High School History Projects (Recommendation: Refer to City Manager) 5.25 Association Regionale de la Communaute francophone de Saint -Jean inc. Jeux de 1'Acadie in Saint John June 2010 (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 6:30 p.m. 8.1 Crescent Valley Renew our Community Group 9. Public Hearings 10. Consideration of By -laws 10.1 Public Presentation Heather Way, Grandview Ave & Wyatt Cres. 10.2 Public Presentation 117 Carleton St 10.3 Public Presentation 10 St. James St 10.4 Proposed Municipal Plan Amendment 243 Prince William St and 230 Water St 10.5 Proposed Municipal Plan Amendment 475 City Line /Fort Dufferin 11. Submissions by Council Members 11.1 Snow Removal Program (Councillor Titus) 11.2 Global Youth Service Day (Deputy Mayor Hooton) 11.3 Transit Service for Youth (Deputy Mayor Hooton) 11.4 Dec 4 Parking Ban South Central Saint John (Councillor Chang) 12. Business Matters - Municipal Officers 12.1(a) Prince Street - Traffic By -law Amendment 12.1(b) Traffic By -Law Amendment Prince Street 13. Committee Reports 13.1 Planning Advisory Committee Recommending Rezoning 1010 Grandview Ave 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 17 d6cembre 2007 Comit6 pl6nier 1. Ouverture de la s6ance 17 h Salle de conf6rence du 8' 6tage a 11h6tel de ville 1.1 Avis juridique — alin6a 10.2(4)f) 1.2 Manquement a Pobligation de confidentialit6 — alin6as 10.2(4)f,g) 1.3 Structure de gouvernance — CCSP — alin6a 10.2(4)c) 1.4 Question relative au personnel — alin6a 10.2(4)j) Seance ordinaire 6h15 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 3 decembre 2007 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Societe historique du Nouveau - Brunswick, premiere s6ance de 1'assemblee legislative provinciale (recommandation : accepter a titre informatif) 5.2 Compagnie th6dtrale de Saint John (recommendation: transmettre au directeur general) 5.3 Cimetiere Cedar Hill (recommandation : remettre au directeur general) 5.4 Fundy Bay Festival (Recommendation: Refer to City Manager) 5.5 Projet visant le chemin Fort Dufferin (recommandation : transmettre au directeur general) 5.6 Freins moteur (recommandation figurant au rapport) 5.7(a) Section locale 771 (IAFF) de 1'Association des pompiers de Saint John (recommendation: accepter a titre informatif) 5.7(b) Section locale 771, grief FD 2007 -01 — Prestations d'invalidit6 refus6es a des employes (recommandation figurant au rapport) 5.8 Achat de deux systemes IBM AS400 (recommandation figurant au rapport) 5.9 Contrat 2007 -41 — Ameliorations au parc St. Andrew's de la rue Water (recommandation figurant au rapport) 5.10 Renovations du chalet du terrain de golf du parc Rockwood (recommandation figurant au rapport) 5.11 Reparation de magonnerie a 1'6difice historique Carnegie situ6 au 20, avenue Hazen (recommandation figurant au rapport) 5.12 Soumission pour la collecte des d6chets solides r6sidentiels (recommandation figurant au rapport) 5.13 Renouvellement d'assurance pour 2008 (recommandation figurant au rapport) 5.14 Demande de renonciation de la demande de rezonage au 298, chemin Westmorland (recommandation figurant au rapport) 5.15 Vente du bien -fonds portant le NID 37333 situe au 119, rue Union (recommandation figurant au rapport) 5.16 Dates d'audiences publiques et autorisation relative aux demandes associ6es au 230, rue Water, au 243 rue Prince William et au 917, boulevard Fairville 5.17 Vente dune portion dun bien -fonds municipal (anciennement la rue Constance) a 051679 NB Inc. (recommandation au rapport) 5.18 Soci6t6 Emera Pipeline relativement a la modification de 1'espace de travail temporaire du parc Rockwood (recommandation figurant au rapport) 5.19 Entente relative a 1'acces permanent de Emera Brunswick Pipeline Co. Ltd. (recommandation figurant au rapport) 5.20 Emera Brunswick Pipeline Co. Ltd. - Contrat relatif a une servitude pres du chemin Proud 5.21 Echange de bien -fonds situ6 sur la promenade Retail (recommandation figurant au rapport) 5.22 Rapport rectificatif relatif a la vente du bien -fonds situe au 51 -59, rue Metcalf (recommandation figurant au rapport) 5.23 Acquisition du bien -fonds situe au 40, chemin Upper Golden Grove (recommandation figurant au rapport) 5.24 Projets d'histoire de la classe d'histoire de 1'ecole secondaire Saint John High School (recommandation : remettre au directeur g6n6ral) 5.25 Association regionale de la communaute francophone de Saint -Jean inc. - Jeux de 1'Acadie a Saint John en juin 2010 (recommandation : remettre au directeur g6n6ral) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. Delegations et presentations 6 h 30 8.1 Crescent Valley - Renouvellement de notre groupe communautaire 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Pr6sentation publique relative au chemin Heather, a 1'avenue Grandview et au croissant Wyatt 10.2 Pr6sentation publique relative au 117, rue Carleton 10.3 Pr6sentation publique relative au 10, rue James 10.4 Modification propos6e du plan d'am6nagement visant le 243, rue Prince William et le 230, rue Water 10.5 Modification propos6e du plan d'amenagement visant le 475, chemin City Line a l'intersection du chemin Fort Dufferin 11. Intervention des membres du conseil 11.1 Programme de d6neigement (conseiller Titus) 11.2 Journ6e mondiale du service des jeunes (mairesse suppleante Hooton) 11.3 Transport en commun pour les jeunes (mairesse suppl6ante Hooton) 11.4 Interdiction de stationnement du centre -sud de Saint John datant du 4 decembre (conseiller Chang) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1(a) Modification de 1'arrete concernant la circulation visant la rue Prince 12.1(b) Modifications apportees a 1'arrete concernant la circulation sur la rue Prince 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme recommandant le rezonage du bien -fonds situe au 1010, avenue Grandview 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de seance 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — December 3, 2007 - 6:45 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; 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; E. Gormley, Assistant Common Clerk and J. Ferrar, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, le 3 decembre 2007 a 18 h 45 Sont presents : Norman McFarlane, maire la mairesse supplbante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White -et - T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux opbrations municipales; J. Baird, commissaire b I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; ainsi que E. Gormley, greffibre communale adjointe et J. Ferrar, adjointe administrative. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order and Pastor John Chang offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane. Le pasteur John Chang recite la priere d'ouverture. 2. Approval of Minutes 2.1 Approval of November 19, 2007 Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on November 19, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la seance tenue le 19 novembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la seance du conseil communal du 19 novembre 2007 soit approuve. A ('issue du vote, la proposition est adoptbe. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 3. Adoption of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of items 13.4 Committee of the Whole Report - Debly Enterprises Ltd. v. The City of Saint John and 13.5 Committee of the Whole Report - Plazacorp Property Holdings Inc. and the withdrawal of items 5.1 Revised October 22, 2007 Minutes and 5.10 Emera Brunswick Pipeline Permanent Access Agreement. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente seance soit adopte moyennant I'adjonction des points 13.4 Rapport du Comite plenier relatif a I'affaire Debly Enterprises Ltd. c. The City of Saint John, 13.5 Rapport du Comite plenier relatif a Plazacorp Property Holdings Inc. et le retrait des points 5.1 Proces- verbal revise de la seance tenue le 22 octobre 2007 et 5.10 Entente relative a I'acces permanent de Emera Brunswick Pipeline Co. Ltd. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.2 That the letter from ACAP Saint John requesting to present to Council be referred to the Common Clerk to schedule a presentation. 5.3 That the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $13,200,000. at the terms as listed in the submitted report. 5.4 That Common Council schedule the public hearings for the rezoning applications of New Wave Electric Co. Ltd. (1010 Grandview Avenue) and Sheri Israel (298 Westmorland Road) for Monday, January 7, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.5 That the public hearing for the consideration of the passing of a by -law to Stop Up and Close an 836 Square metre ± portion of a public street, known as Tiffany Street, be set for Monday, January 21, 2008 at 7:00 p.m. in the Council Chamber. 5.6 That the City of Saint John acquire the fee simple interest in the property identified as Parcel "A" shown on the submitted plan, being a portion of PID Number 36236, having an area of approximately 1,096 square metres, from Shilco Holdings Inc. for the sum of $21,500. plus HST (if applicable). The City of Saint John will prepare any plan of subdivision /survey required for conveyance purposes. Pay up to a maximum of $600. plus HST (if applicable) the legal costs incurred by Shilco Holdings Inc. to finalize this transaction, and any applicable processing fees from financial institutions and all registration fees necessary to secure the City's interest. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. 5.7 That Common Council approve the purchase of HP Host System equipment, necessary to allow for the upgrade of the computer network infrastructure, from XWave, the official supplier under contract to the Province of New Brunswick for this type of computer equipment, at a total cost of $111,750. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 5.8 That the City of Saint John appoint David Nicholson of Royal Lepage Atlantic as agent on behalf of the City in the negotiation of the acquisition of PID 350264, 40 Upper Golden Grove Road and further that the City Manager be authorized to execute any necessary Appointment of Agency forms or related documents. 5.9 That the City of Saint John enter into an "Occupational License" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as submitted with M &C 207 -372; and further that the Mayor and Common Clerk be authorized to execute the Occupational License as submitted. On motion of Deputy Mayor Hooton Seconded by Councillor White 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 5.2 RESOLU que la lettre de demande reque de PAZCA de Saint John, qui souhaite se presenter devant le conseil, soit transmise au greffier aux fins d'inscription de la date de presentation a I'ordre du jour. 5.3 RESOLU que le maire et le greffier communal soient autorises a signer les debentures au montant de 13 200 000 $ telles qu'elles sont conclues entre la Ville et la Corporation de financement des municipalites du Nouveau - Brunswick aux conditions stipulees dans le rapport presente. 5.4 RESOLU que le conseil communal fixe la date d'audiences publiques au lundi 7 janvier 2008 a 19 h dans la salle du conseil relativement aux demandes de rezonage deposees par New Wave Electric Co. Ltd. (1010, ay. Grandview) et Sheri Israel (298, chemin Westmorland) et transmette les demandes au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.5 RESOLU que I'audience publique relative a I'adoption d'un arrete visant la fermeture et le barrage d'une rue publique d'une superficie approximative de 836 metres carres, connue sous le nom de rue Tiffany, soit tenue le lundi 21 janvier 2008, a 19 h, dans la salle du conseil. 5.6 RESOLU que The City of Saint John acquiere l'interet en fief simple des biens -fonds appartenant a Shilco Holdings Inc., d'une superficie approximative de 1 096 metres carres, delimites comme la parcelle « A » sur le plan presente et inscrits sous une partie du NID 36236, pour la somme de 21 500 $, TVH en sus le cas echeant. The City of Saint John doit dresser tout plan de lotissement et d'arpentage exige aux fins de la cession, et; prendre en charge les honoraires juridiques jusqu'a concurrence de 600 $, TVH en sus (le cas echeant) engages par Shilco Holdings Inc., pour conclure cette transaction, ainsi que tous les frais de traitement applicables imposes par les institutions financieres et tous les frais d'enregistrement necessaires pour garantir les interets de la Ville; et que le maire et le greffier communal soient autorises a signer toute documentation requise afin de conclure cette transaction. 5.7 RESOLU que le conseil communal approuve I'acquisition de 1'equipement necessaire pour moderniser le systeme hote HP de ('infrastructure du reseau informatique, de 1'entreprise XWave, le fournisseur off iciel en vertu d'un contrat conclu avec la province du Nouveau - Brunswick visant ce genre d'equipement informatique, pour la somme totale de 111 750 $. 5.8 RESOLU que The City of Saint John nomme David Nicholson de Royal LePage Atlantic a titre de representant de la Ville dans le cadre de ses negociations visant I'acquisition des biens -fonds inscrits sous le NID 350264, situes au 40, chemin Upper Golden Grove et que le directeur general soit autorise a signer la formule de nomination d'agence immobiliere necessaire et toute documentation connexe. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 5.9 RESOLU que The City of Saint John octroie un permis municipal d'entreprise a Emera Brunswick Pipeline Company Ltd. dans la forme et selon les modalites prbcisbes en vertu du contrat no MC 207 -372 et que le maire et le greffier communal soient autorisbs a signer le permis municipal d'entreprise. Proposition de la mairesse supplbante Hooton Appuybe par le conseiller White RESOLU que les recommandations formulbes relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptbes. A ('issue du vote, la proposition est adoptbe. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activitbs communautaires. 7. Proclamation 7. Proclamation 10. Consideration of By -laws 10.1 Third Reading Proposed Amendment to the Business Improvement Area By -law On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend By -law Number BIA -1 Business Improvement Area By -law ", with regard to expanding the business improvement area, be read. Question being taken, the motion was carried. The by -law entitled, "A Law to Amend By -law Number BIA -1 Business Improvement Area By -law" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend By -law Number BIA -1 Business Improvement Area By -law" with regard to expanding the business improvement area, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law to Amend By -law Number BIA -1 Business Improvement Area By -law ". 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de I'Arrete concernant la zone d'amelioration des affaires Proposition de la mairesse supplbante Hooton Appuybe par le conseiller Farren RESOLU que 1'arretb intitulb « arrbtb modifiant I'arretb no BIA -1, arrbtb concernant la zone d'amblioration des affaires » relatif a 1'61argissement de la zone d'amblioration des affaires fasse l'objet d'une lecture. A ('issue du vote, la proposition est adoptbe. L'arrbt6 intitulb « arrbtb modifiant I'arretb no BIA -1, arrbtb concernant la zone d'amblioration des affaires » est lu intbgralement. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « arrete modifiant 1'arrete no BIA -1, arrete concernant la zone d'amelioration des affaires » visant I'Margissement de la zone d'amelioration des affaires, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « arrete modifiant 1'arrete no BIA -1, arrete concernant la zone d'amelioration des affaires ». 10.2 Third Reading Proposed Street Closing By -law Amendment - Emco Lane On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -23 A By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John" with regard to permanently stopping up and closing Emco Lane, be read. Question being taken, the motion was carried. The by -law entitled "By -law Number M -23 A By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -23 A By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John" with regard to permanently stopping up and closing Emco Lane, 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 "By -law Number M -23 A By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John" 10.2 Troisieme lecture du projet de modification de I'arrete concernant la fermeture de routes visant I'allee Emco Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « arrete no M -23 modifiant 1'arrete concernant la fermeture de routes dans The City of Saint John relativement a la fermeture et au barrage de fagon permanente de I'allee Emco, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « arrete no M -23, modifiant 1'arrete concernant la fermeture de routes dans The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « arrete no M -23 modifiant I'arrete concernant la fermeture de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente de I'allee Emco, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « arrete no M -23 modifiant 1'arrete concernant la fermeture de routes dans The City of Saint John ». 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 9. Public Hearings 9.1(a) Section 39 Amendment - 1099 Golden Grove Road The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the April 2, 2002 re- zoning of the property located at 1099 Golden Grove Road, also identified as PID Number 00310292, as amended on January 20, 2003 and November 7, 2005, to permit the buildings to have a height of two stories as requested by Atlantic Home Improvements. 9.1(b) Planning Advisory Committee Report - Section 39 Conditions- 1099 Golden Grove Road Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its November 27, 2007 meeting at which the Committee decided to recommend the amendment of the existing Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed amendments with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Ralph Thomas, an employee of Atlantic Home Improvements Ltd. addressing Council on behalf of the applicant in support of the proposed amendments. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Common Council amend the Section 39 conditions imposed on the April 2, 2002 re- zoning of the property located at 1099 Golden Grove Road, also identified as PID Number 00310292, as previously amended on January 20, 2003 and November 7, 2005, by: 1. Increasing the maximum permitted building height to 7.9 metres (26 feet) for both buildings. 2. Removing the condition that no signage be permitted on the property advertising any business located within the garage building except for a small directional sign to be located on the pedestrian doorway, intended to direct customers to the property at 1151 Golden Grove Road. 3. Limiting the total amount of signage on the subject property to a total of 13.9 square metres (150 square feet), with a further restriction that the signage not be illuminated. Question being taken, the motion was carried. 9. Audiences publiques 9.1a) Modification des conditions prevues a I'article 39— 1099, chemin Golden Grove La greffiere communale adjointe indique que les avis requis ont ete publies relativement a la modification des conditions prevues a I'article 39 imposees le 2 avril 2002 relativement au rezonage des biens -fonds situes au 1099, chemin Golden Grove, inscrits sous le NID 00310292, et modifiees le 20 janvier 2003 et le 7 novembre 2005, afin de permettre des immeubles de deux etages, a la demande de Atlantic Home Improvements. 9.1b) Rapport presente par le Comite consultatif d'urbanisme relatif aux modifications proposees en vertu de I'article 39 visant le 1099, chemin Golden Grove On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du service d'urbanisme, examine lors de la seance du 27 novembre 2007 au cours de laquelle le comite a choisi de recommander la modification des conditions actuelles susmentionnees en vertu de I'article 39. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 Le maire invite le public a se prononcer contre les modifications proposees, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage et Ralph Thomas, un employe de Atlantic Home Improvements Ltd., s'adresse au conseil en appui au projet de modification au nom du requerant. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil communal modifie les conditions imposees par I'article 39 le 2 avril 2002, modifiant le zonage du bien -fonds situe au 1099, chemin Golden Grove, inscrit sous le NID 00310292, telles qu'elles ont ete modifiees le 20 janvier 2003 et le 7 novembre 2005, comme suit: 1. I'augmentation de la hauteur maximale permise des deux immeubles a 7,9 metres (26 pieds); 2. la suppression de la condition selon laquelle aucune enseigne publicitaire ne soit permise sur la propriete pour faire la promotion du commerce situe a I'interieur du garage, a 1'exception d'un petit panneau de direction devant titre installe a la porte d'entree pedestre dans le but de diriger la clientele vers la propriete situee au 1151, chemin Golden Grove; 3. la superficie totale de toutes les enseignes installees sur la propriete ne peut depasser 13,9 metres carres (150 pieds carres) et aucune enseigne illuminee n'est permise. A I'issue du vote, la proposition est adoptee. 8. Delegations /Presentations 8.1 Public Private Partnerships CUPE Councillor Chase spoke regarding a letter, which was distributed earlier to the Council members, that he received from the City of Moncton in response to his inquiry concerning the information contained in CUPE's presentation; and expressed the view that the information contained in the presentation was a misrepresentation of the issues and questioned the City Solicitor with respect to the public being made aware of the information which he has received from the City of Moncton. Responding, Mr. Nugent explained if any Councillor has information which is contrary to what is presented to Council then that member of Council has an obligation to raise the issues. He explained further that the presenters should be given an opportunity to respond to the information received noting that it is important to promote a full and fair understanding of the relevant facts. A brief discussion followed with Mr. Nugent responding to questions. Mayor McFarlane asked Council members if they wanted to hear the presentation from CUPE this evening or should the presenter be given an opportunity to review the correspondence from the City of Moncton and address Council at a later date. Through a show of hands, all Council members agreed to hear the presentation this evening. Michael Montgomery, President of CUPE Local 18 introduced the topic of Public- Private Partnerships. Referring to the submitted presentation Mike Davidson, of CUPE spoke concerning the high levels of trihalomethanes that were found in the drinking water of the City of Saint John and Council's consideration of Public- Private Partnerships as an alternative for the building of two water filtration plants for the City's water. Mr. Davidson reviewed the reasons why Public- Private Partnerships are not favorable in his opinion, and asked that Council keep the City's water under the control of the municipality. A brief discussion followed with Mr. Davidson responding to questions regarding his presentation. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the presentation on Public- Private Partnerships, and the correspondence from the City of Moncton on this issue, be referred to the City Manager for a report back to Council on Public- Private Partnerships taking into consideration the session in Toronto attended by City Staff and a Council Member regarding this matter. Question being taken, the motion was carried. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 8. Delegations et presentations 8.1 Partenariats public -prive — Syndicat canadien de la fonction publique (SCFP) Le conseiller Chase, se reportant a une lettre regue de la Ville de Moncton et circulee plus tot aux membres du conseil, en reponse a une question qu'il avait posee sur ('information communiquee lors de la presentation du SCFP, exprime son opinion voulant que cette information presentait les faits sur un faux jour et consulte l'avocat municipal relativement a la diffusion publique de ('information communiquee par la Ville de Moncton. M. Nugent repond que lorsqu'un conseiller detient de ('information contradictoire avec celle presentee au conseil, celui -ci doit obligatoirement soulever ce point. II explique qu'on devrait accorder aux presentateurs ('occasion de se prononcer sur ('information presentee et indique qu'il importe de promouvoir une comprehension integrale et equitable des faits pertinents. Une breve discussion s'ensuit, et M. Nugent repond aux questions soulevees. Le maire McFarlane demande aux membres du conseil s'ils desirent que le SCFP donne sa presentation ce soir meme ou si on devrait lui donner ('occasion d'examiner la correspondance regue de la Ville de Moncton et lui permettre de se prononcer devant le conseil a une date ulterieure. Au moyen d'un vote a main levee, tous les membres du conseil indiquent que la presentation devrait avoir lieu ce soir meme. Michael Montgomery, president de la section locale 18 du SCFP, donne une presentation sur le sujet des partenariats public - prive. Se reportant a la presentation soumise, Mike Davidson du SCFP discute des niveaux eleves des trihalomethanes constates dans 1'eau potable de The City of Saint John. II mentionne le fait que le conseil examine la possibilite de former des partenariats public -prive afin de construire deux installations de filtration pour 1'eau potable de la ville. M. Davidson expose les raisons pour lesquelles a son avis les partenariats public -prive sont desavantageux et suggere que le conseil maintienne le controle de 1'eau potable sous la direction de la municipalite. Une breve discussion s'ensuit et M. Davidson repond aux questions posees sur sa presentation. Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la documentation liee a la presentation sur les partenariats public -prive et la correspondance reque de la Ville de Moncton sur la question, soient transmises au directeur general aux fins de rapport a ('intention du conseil au sujet des partenariats public - prive, en tenant compte de la seance tenue a Toronto relativement a cette affaire a laquelle ont assiste des employes municipaux et un membre du conseil. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Heritage Buildings Trust On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that the letter from Councillor Chase requesting that Common Council seek consultation on the viability of establishing a Heritage Building Trust Corporation, be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the letter from the City of Moncton regarding the information contained in the presentation by CUPE Local 18 on Public - Private Partnerships, be added to the agenda together with item 8.1. Question being taken, the motion was carried. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 11. Intervention des membres du conseil 11.1 Fiducie des edifices patrimoniaux Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que la lettre presentee par le conseiller Chase voulant que le conseil communal sollicite des conseils sur la viabilite d'etablir une fiducie pour gerer les edifices patrimoniaux soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que la lettre reque de la Ville de Moncton ayant trait a ('information contenue dans la presentation donnee par la section locale 18 du SUP sur les partenariats public- prive, soit ajoutee a I'ordre du jour sous le point 8.1. A I'issue du vote, la proposition est adoptee. 11.2 Parking at Millennium Dome On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Farren requesting an investigation with regard to proper placement of a small parking lot so citizens can safely visit the Millennium Dome, be referred to the City Manager. Question being taken, the motion was carried. 11.2 Stationnement au Millennium Dome Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que la lettre presentee par le conseiller Farren demandant la tenue d'une enquete sur 1'emplacement ideal d'une petite aire de stationnement pour que les citoyens puissent visiter en toute securite le Millennium Dome, soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. 11.3 Landscaping at Entrances to City of Saint John On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the Mayor send a letter on behalf of Council and the public to J.D. Irving Ltd. thanking them for keeping the entrances to our City and the throughway itself in excellent condition, and for their work on the old Centracare Hospital site keeping it open to the public. Question being taken, the motion was carried. 11.3 Amenagement paysager aux entrees de la ville Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le maire expedie une lettre au nom du conseil et du public a J.D. Irving Ltd. la remerciant des excellents travaux d'entretien qu'elle effectue aux entrees de notre ville et aux abords de la voie de transit ainsi que les travaux a I'ancien hopital Centracare afin que le public puisse y acceder. A I'issue du vote, la proposition est adoptee. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 11.4 Train Service On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the City Manager provide an update on the motion made by Council concerning the possibility of passenger train service being reinstated in Saint John. Question being taken, the motion was carried. 11.4 Service ferroviaire Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le directeur general fasse une mise a jour de la proposition du conseil sur la possibility de retablir le service ferroviaire pour passagers a Saint John. A ('issue du vote, la proposition est adoptee. 11.5 Weekly Garbage Service On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that weekly garbage service be strongly considered in the 2008 budget process for the five vulnerable inner City neighbourhoods. Question being taken, the motion was carried. 11.5 Service hebdomadaire de collecte de dechets Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que le service de collecte hebdomadaire de dechets dans les cinq quartiers vulnerables du centre -ville soit examine attentivement dans le cadre du processus budgetaire de 2008. A ('issue du vote, la proposition est adoptee. 11.6 FCM Board Meetings On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor White providing Council with an overview of the issues being dealt with by the following two standing Committees of FCM - Social and Economic Development and Community Safety and Crime Prevention, be received for information. (Councillor Ferguson withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Ferguson re- entered the meeting.) 11.6 Reunions du conseil d'administration de la FCM Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que la lettre presentee par le conseiller White resumant les sujets dont traitent les deux comites permanents de la FCM, a savoir le Comite sur le developpement social et economique et le Comite sur la securite communautaire et la prevention du crime, soit acceptee a titre informatif. (Le conseiller Ferguson quitte la seance.) A ('issue du vote, la proposition est adoptee. (Le conseiller Ferguson se joint de nouveau 6 la seance.) 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 11.7 Collapse of Infrastructure On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that a letter together with a report be sent to the Prime Minister and the Premier requesting support for municipal infrastructure projects starting with our safe, clean water issue. Question being taken, the motion was carried. 11.7 Effondrement des infrastructures Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU qu'une lettre accompagnee d'un rapport soit expediee aux premiers ministres federal et provincial afin de solliciter un soutien pour les projets d'infrastructure, plus particulierement en matiere d'eau potable saine. A ('issue du vote, la proposition est adoptee. 11.8 Report on Federation of Canadian Municipalities On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the report from Councillor Court on the Federation of Canadian Municipalities 2007 Advocacy Days held in Ottawa from November 20 - 24, 2007, be received for information. Question being taken, the motion was carried. 11.8 Rapport de la Federation canadienne des municipalites Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le rapport presente par le conseiller Court relatif au congres de 2007 de la Federation canadienne des municipalites tenu a Ottawa du 20 au 24 novembre 2007 au sujet du soutien accorde aux municipalites, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Solid Waste Management Service On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council endorse the new Solid Waste Management Service outlined in the submitted report for implementation July 1, 2008, refer financial considerations to the budget process and ask the City Solicitor to prepare an appropriate revision of the Solid Waste By -law, based on the draft language proposed, for the consideration of Common Council. Mr. Groody reviewed the report, with the assistance of a power point presentation, commenting with respect to the proposed Solid Waste By -law and the ten sustainability principles as they relate to Solid Waste Management Service. Discussion followed with Mr. Groody responding to questions noting that the 5 year budget summary contained in the service profile in the agenda packet is not correct, but rather Table 2 on page 14 of the report - Solid Waste Management Service is accurate. Question being taken, the motion was carried. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Service de gestion des dechets solides Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil communal appuie le nouveau service de gestion des dechets solides souligne au rapport presente aux fins de mise en oeuvre le 1 er juillet 2008, rapporte les considerations financieres au processus budgetaire et demande a I'avocat municipal de reviser 1'arrete de The City of Saint John sur les dechets solides en s'inspirant du libelle propose aux fins d'etude par le conseil communal. M. Groody resume le rapport, a I'aide d'une presentation PowerPoint, et discute du projet de modification de 1'arrete sur les dechets solides et les dix principes de durabilite relatifs au service de gestion des dechets solides. Une discussion s'ensuit et M. Groody repond aux questions posees et indique que le sommaire du budget de 5 ans presente dans le profil des services et insere dans la trousse de I'ordre du jour est inexact, cependant le tableau 2 de la page 14 du rapport sur le service de gestion des dechets solides est precis. A Tissue du vote, la proposition est adoptee. 12.2 Public Engagement Process Police Justice Facility On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Public Engagement Process for the Police /Justice Facility as outlined in the submitted report be adopted for the developments adjacent to the proposed Police Headquarters building. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the meeting be extended beyond 10:00 p.m. as provided for in Council's Procedural By -law. Question being taken, the motion was carried with Councillor Titus voting nay. 12.2 Processus d'interessement du public relatif au poste de police et au centre judiciaire Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le processus d'interessement du public relatif au poste de police et au centre judiciaire, comme le souligne le rapport presente, soit adopte dans le cadre des projets d'amenagement proposes avoisinant les quartiers generaux de la police. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la seance soit prolongee au -dela de 22 h en vertu des dispositions de 1'arrete concernant le reglement interieur du conseil. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 12.3. Acquisition 117 Union Street On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in PID Number 37341 from Joseph Jeffries under the terms and conditions in the Agreement of Purchase and Sale attached to M &C 2007 -376. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. (See motion following item 13.5 for amendment to 12.3) 12.3 Acquisition du bien -fonds situe au 117, rue Union Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John acquiere I'interet en fief simple du bien -fonds inscrit sous le NID 37341 appartenant a Joseph Jeffries conformement aux modalites stipulees en vertu de la convention d'achat -vente jointe au contrat no MC 2007 -376. (Le conseiller Titus quitte la seance.) A I'issue du vote, la proposition est adoptee. (La modification du point 12.3 est inscrite a la proposition suivant le point 13.5.) 12.4 Sale of 225 Prince William Street, Former Grain Elevator to Ellerdale Investments On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the City of Saint John sell all that portion of 225 Prince William Street, also identified on a "Preliminary" Tentative Plan titled "The City of Saint John Subdivision, Situate Water Street, City of Saint John, Saint John County, New Brunswick" dated March 13, 2007 (Portion of PID Number 6676) to Ellerdale Investments Ltd. under the terms and conditions contained in the submitted Agreement of Purchase and Sale; and that Ellerdale Investments Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel however Common Council is not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning, and further that the Mayor and Common Clerk be authorized to execute any document required to effect this transfer. Question being taken, the motion was carried. 12.4 Vente de I'ancien elevateur a grains situe au 225, rue Prince William a 1'entreprise Ellerdale Investments Ltd. Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John procede a la vente de la parcelle de terrain situee au 225, rue Prince William, delimitee sur le plan provisoire preliminaire intitule « The City of Saint John Subdivision, Situate Water Street, City of Saint John, Saint John County, New Brunswick» et date du 13 mars 2007, (formant une partie du NID 6676) a Ellerdale Investments Ltd., sous reserve des modalites prevues a la convention d'achat -vente presentee; que Ellerdale Investments Ltd. soit autorisee a presenter une demande de modification du plan municipal et de rezonage relativement a ladite parcelle, cependant, que le conseil communal ne soit sous aucune obligation formelle ou tacite d'approuver toute modification du plan municipal ou de rezonage, et que le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure le transfert. A I'issue du vote, la proposition est adoptee. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 12.5. Street Light Summary Report On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the Street Light Summary report be received for information, and the City Manager be directed to pursue the various recommendations in the report; and report back to Council on a periodic basis as to their status. Question being taken, the motion was carried. 12.5 Rapport sommaire sur les lampadaires Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport sommaire sur les lampadaires soit accepte a titre informatif et que le directeur general soit charge de poursuivre les diverses recommandations formulees dans le rapport et fasse, de temps a autre, le compte rendu de I'etat de mise en ceuvre devant le conseil. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Vision 2015 Engagement of Chartwell Inc. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the Vision 2015 Steering Committee, Council take no further action with regards to the engagement of Chartwell Inc. to complete work associated with a review of the Vision 2015 Program. Question being taken, the motion was carried with Councillor Farren voting nay. 13. Rapports deposes par les comites 13.1 Vision 2015 — Engagement des services de Chartwell Inc. Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le Comite directeur de la Vision 2015, le conseil ne fasse aucune demarche supplementaire relativement a 1'engagement des services de Chartwell Inc. pour terminer les travaux lies a 1'examen du programme relatif a la Vision 2015. A I'issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 13.2 Saint John Waterfront Development Reversing Falls Update On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the letter from the Saint John Development Corporation regarding redevelopment of Reversing Falls Visitation area, be received for information. Question being taken, the motion was carried. 13.2 Amenagement du secteur riverain de Saint John — Compte rendu sur les Chutes reversibles Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que la lettre reque de Saint John Development Corporation relative aux travaux de reamenagement au site touristique des Chutes reversibles, soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 13.3 Committee of the Whole Report Recommending Vision Statement On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by Committee of the Whole on November 28, 2007, Common Council: - Receive and approve the report, termed Vision 2015 Our Saint John of the Future, dated November 26, 2007, - Endorse the Community Vision Statement, Twenty Year Goals and Sustainability Principles for Saint John as submitted; - Extend appreciation to the thousands of people who participated in the public consultation process; - Recognize the commitment and effort of the Saint John Environment Committee in developing Sustainability Principles in Saint John; - Commend the leadership and commitment from the Vision 2015 Citizens Advisory Group throughout the public engagement and that their role be deemed completed with the approval of this report. Question being taken, the motion was carried. 13.3 Rapport du comite plenier recommandant 1'enonce de la Vision Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme I'a recommande le Comite plenier le 28 novembre 2007, le conseil communal : - accueille et approuve le rapport intitule « Vision 2015 Our Saint John of the Future » [Vision 2015, Notre Saint John de I'avenir], date le 26 novembre 2007; - appuie 1'enonce de la vision communautaire intitule « Twenty Year Goals and Sustainability Principles for Saint John » [Objectifs pour les vingt prochaines annees et principes de durabilite pour Saint John], tel qu'il est presente; - reconnaisse les milliers de personnes qui ont participe au processus de consultations publiques; - reconnaisse 1'engagement des membres du Comite sur 1'environnement de The City of Saint John et les efforts qu'ils ont consacres a 1'e1aboration des principes de durabilite a Saint John; - felicite les membres du groupe consultatif de citoyens sur la Vision 2015 de leur leadership et engagement a cette cause publique et que leurs mandats soient consideres comme accomplis maintenant que ce rapport est approuve. A ('issue du vote, la proposition est adoptee. 13.4 Committee of the Whole Report - Debly Enterprises Ltd. v. The City of Saint John - Rothesay Avenue Street Reconstruction On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by Committee of the Whole, earlier this evening, the amount of $55,000., all inclusive, be paid to Debly Enterprises Ltd. in full satisfaction of that company's entitlement pursuant to Contract 2005 -2, Rothesay Avenue (Ashburn Lake Road to McAllister Drive) in exchange for a discontinuance of the action (Release S/C/284/06). Question being taken, the motion was carried with Councillor Chang voting nay. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 13.4 Rapport du Comite plenier relatif a I'affaire Debly Enterprises Ltd. c. The City of Saint John visant les travaux de refection de I'avenue Rothesay Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme I'a recommande le Comite plenier plus tot ce soir, la somme de 55 000 $, inclusivement, soit versee a Debly Enterprises Ltd. representant le paiement complet des droits de cette entreprise en vertu du contrat no 2005 -2, relatif a I'avenue Rothesay (depuis le chemin Ashburn Lake jusqu'a la promenade McAllister) en contrepartie du desistement de I'action et de la signature d'une quittance (S/C/284/06). A I'issue du vote, la proposition est adoptee. Le conseiller Chang vote contre la proposition. 13.5 Committee of the Whole Report - Fairville Blvd. - Plazacorp Property Holdings Inc. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by Committee of the Whole, earlier this evening, Common Council authorize the Mayor and Common Clerk to execute the submitted Purchase Agreement between the City of Saint John and Plazacorp Property Holdings Inc. for the City owned lands on Fairville Boulevard. Question being taken, the motion was carried. 13.5 Rapport du Comite plenier relatif a Plazacorp Property Holdings Inc. sur le boulevard Fairville Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme I'a recommande le Comite plenier plus tot ce soir, le conseil communal autorise le maire et le greffier communal a signer la convention d'achat -vente conclue entre The City of Saint John et Plazacorp Property Holdings Inc. relativement aux biens -fonds appartenant a la municipalite situes sur le boulevard Fairville. A I'issue du vote, la proposition est adoptee. 12.3. Acquisition 117 Union Street Referring to item 12.3 the City Solicitor explained that Investment Securities Limited was retained to act on the City's behalf with respect to the purchase of the property at 117 Union Street. Their agreement provides that they appoint a legal representative of the City to act on closing. Referencing the motion passed earlier in the meeting, Mr. Nugent advised that the authority granted by the City did not extend to that, and stated that the Legal Department will represent the City in closing; and asked that Council adopt a resolution amending the motion that legal representation upon closing will be provided by the City's Legal Department. Mayor McFarlane questioned the mover, Councillor White and seconder, Councillor McGuire, if they agreed to the proposed amendment, to which they agreed. On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the City of Saint John acquire the fee simple interest in PID Number 37341 from Joseph Jeffries under the terms and conditions in the Agreement of Purchase and Sale attached to M &C 2007 -376; and that legal representation upon closing will be provided by the City's Legal Department Question being taken, on the motion as amended was carried. 93- COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2007 / Le 3 decembre 2007 12.3 Acquisition du bien -fonds situe au 117, rue Union Se reportant au point no 12.3, I'avocat municipal confirme que les services de Investment Securities Limited ont ete retenus pour agir au nom de la ville relativement a I'acquisition du bien -fonds situe au 117, rue Union. Leur convention stipule qu'un representant legal soit nomme pour agir au nom de la Ville au moment de la cloture. Se reportant a la proposition adoptee plus tot au cours de cette seance, M. Nugent indique que les pouvoirs conferes par la municipalite ne prevoient pas cette action et affirme que les services juridiques municipaux agiront comme representants de la Ville a la cloture et demande au conseil d'adopter une resolution modifiant la proposition afin de prevoir que la representation legale sera assuree par les services juridiques municipaux a la cloture. Le maire McFarlane demande a I'auteur de la proposition, le conseiller White, et a I'appuyeur, le conseiller McGuire, s'ils sont d'accord avec la modification proposee, et ceux -ci repondent qu'ils le sont. Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John acquiere I'interet en fief simple du bien -fonds inscrit sous le NID 37341 appartenant a Joseph Jeffries conformement aux modalites stipulees en vertu de la convention d'achat -vente jointe au contrat no MC 2007 -376 et que les services juridiques de la municipalite agiront a titre de representant legal de la Ville a la cloture. A I'issue du vote, la proposition telle que modifiee est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15.1 General Correspondence 15.1 Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. 16. Levee de seance Le maire declare que la seance est levee a 22 h 15. Mayor /maire Common Clerk /Greffier communal NEW BRUNSWICK HISTORICAL SOCIETY P.O. Box 6446, STATION 11A PHONE #- (506) 642 -0096 SAINT JOHN, NB, E2L 4RB FAX #- (50 6) 634-7423 November 28th, 2007 Common Council City of Saint John 15 Market Square P.O. Box 1971 Saint John, N.B. E2L 4L1 Your Worship and Councillors, The New Brunswick Historical Society brings to your attention the fact that Thursday, January 3rd will be the 222nd Anniversary of the First Meeting of the first New Brunswick Legislature in 1786! This was held in Saint John on King Street in the then Mallard House. This marked the commencement of the official business of New Brunswick as a self giving colony. It was also the same legislature which confirmed by legislation, the establishment of the City of Saint John by the Charter of May 18th, 1786. Possibly the Mayor might find it appropriate to mention this historic and significant event in the Mayor's remarks at the first meeting of Common Council in 2008. Possibly arranging the raising of the New Brunswick Flag on that day would be appropriate. There could be such other functions as Council feel appropriate. It is a means to bring further attention to the fact Saint John is Canada's First City! Yours truly, Z clz eed Secre 'oosHistorical Society December 5, 2007 From: Stephen Tobias The Saint John Theatre Company Inc. To: The Mayor & Common Council City of Saint John Saint John Theatre Company Campaign Office Level III Brunswick Square, Unit C -5 39 King Street, Saint John, NB E21-4W3 T: (506) 652 -7582 F: (506) 652 -7585 I'd like to take a moment to thank the Mayor and Council for your past support of the Saint John Theatre Company Setting The Stage project to develop the property at 112 Princess Street. In the fall of 2006 we approached the city to support our campaign with a three year pledge totaling $100,000 (phased in over three years: 50K + 25K + 25K) towards an overall campaign goal of $950,000. We were pleased that the city agreed to contribute $50,000 in the 2006 budget and also to contribute $10,000 (of the $25,000 requested) in the 2007 budget. As the final budget numbers are being tallied for the 2008 Municipal budget, I would like to re -state our requirements for continued support from the city. As you will see below, we have far exceeded our original campaign goal of $950,000. However, due to a number of circumstances beyond our control, we have had to revise our budget upwards in order to finish the project properly. We are hoping that the City of Saint John will, in light of the huge amount of progress that we have made to date, and in light of the positive impact that this facility will have on the cultural community in general, positively consider our pending request for $25,000 in the 2008 fiscal year for the city. I am submitting below an update which details the current status of the campaign. As you will see, things are progressing quite well in spite of some setbacks and surprises along the way. Should you have any questions or wouldlike to tour the site at any time, feel free to contact me. The Saint John Theatre Company Inc. 506- 652 -7582 campai an(a),saimiohntheatrecompanv com The Campaign for the Saint John Theatre Company campaign@saintjohntheatrecompany.com www.sa1ntjohntheatrecompany.com S A I NTStV&Nw HN THEATRE COMPANY I submit here an update on the activities of The Saint John Theatre Company as they relate to the Setting the Stage Campaign and the construction project at 112 Princess Street Subsequent to the initial application, the following activity has taken place on the project: In May of 2006 the Saint John Theatre Company purchased the property at 112 Princess Street and launched the official fund- raising campaign titled Setting The Stage. Design work was being finalized at the same time as the fund- raising was underway. As we began our campaign we had been given `budget' quotes from our general contractor, Avant Garde construction, that indicated a construction budget of $557,870.00. This included provisions for relevant administration costs, Interest on short term financing and contingency. This meant that we would require a project budget of $9502000.00 by the time we provided for the purchase of the building and the establishment of the company within the building, At this time, now that we are well into construction, we are aware that our over -all construction budget has increased substantially. Now that we have progressed significantly with the demolition/construction phases of the project: we now feel that an overall project budget of $1,400,000 is appropriate — not including some of the program and operational elements of the project. There are three main reasons for this: 1) Repair of unforeseen structural deficiencies 2) Increases to the scope of work 3) Inflationary pressures caused by local construction boom 1) Repair of unforeseen structural deficiencies By January, 2007, we were in a position to commence the demolition phase of the operation. Very early into this process we discovered that the building had some unexpected serious structural deficiencies. This was unexpected as we had the building formally examined by Fundy Engineering, & Johnson Engineering Solutions. This report was included with the original application. Informally: we were also consulted unofficially with several other engineers who work with the theatre company. Johnson engineering solutions, as part of our due diligence before purchasing the building, prepared a structural report in which no major issues were identified. The structural deficiencies fell under the following categories: a) Structural Brickwork and Masonry Repair b) Undermined Structure of cement floor c) Damaged Roof Structure d) Extra Building Demolition a) Structural brickwork At masonry repair: most of the interior walls of the building were covered by interior framing. In some cases there were walls built upon walls as the building has been re- purposed over the years. Also: the masonry on the exterior storefront was covered with a green and white ceramic tile — the masonry on the rear fagade was covered with a stucco finish and we could only estimate the extent of the work beneath. The masonry that we could examine on the outside indicated that a certain scope of work was required, however, upon exposing the inner walls we became aware that major work was required inside and out. Another factor that has driven the cost of this is the current construction boom. So: not only have we been forced to increase the scope of work, we have also found that masons capable of Heritage Quality work are hard to come by and, as a result, increasingly more expensive. Original Masonry Budget Nov 8, 2005: $30,300.00 + HST Plus unrecoverable portion of HST: $2,121.00 Note: This quote assumes only minor repairs on majority of building. The majority of this quote is for the heritage fapade upgrades. Total original masonry budget $329421.00 Total spent as of October 31, 2007 This Includes: all interior repair stabilization of all window and door openings removal of parging from rear wall $42,295.00 + HST Masonry work currently underway: This includes exterior repairs necessary to secure side walls. This also includes the stabilization of the tops of 3 walls ( west — east — south) so as to be ready for roofing. Budget 6 weeks @ $3,900.00 + scaffolding rental $25,000.00 + HST Masonry to be done on fagade in 2008 Budget 400 x 25.00 / sq ft $10,000.00 + HST For replacement of sandstone $77500.00 + HST Scaffolding etc $2,500.00 + HST Sub - Total: $203000.00 + HST Total revised Masonry budget October 31, 2007: $87,295.00 + HST Plus unrecoverable portion of HST: $6110.65 Total revised masonry budget: $939405.65 b) Undermined structure of cement floor: There was a 1500 11/2 portion of flooring that was discovered to be uneven and cracked. Avant Garde contracting originally assessed that repair was possible. When interior walls were removed, the extent of the problem was more visible. The original floor was poured over inappropriate fill material. Over the years, this material had rotted away and the floor was hollow underneath. Any repair applied over top of the original floor would only break as the floor continued to move. Our contractors then determined that the only possible fix was to fully excavate the floor, add new compacted fill, and pour a completely new floor. Original budget to re -finish and level floor (Nov 8, 2005) Plus unrecoverable portion of HST: Total floor budget (Nov 8, 2005) Bill for attempted patch: Excavation & replacement of floor: Removal of debris from floor: (est.) Cost to replace floor October 31, 2007: Plus unrecoverable portion of HST: $3,200.00 +HST $224.00 $3,424.00 $1,057.00 $18,000.00 $2,000.00 $21,057.00 $1,473.99 Total cost to replace floor: $22,530.99 c) Damaged Roof structure: Our original intention had been to salvage a significant portion of the interior structure. However - upon finding the above noted problems the committee, at the recommendation of the contractors, decided to complete the demolition of the interior structure so as to fully expose all structural elements of the property. When all interior walls were removed on the second floor we quickly realized that the integrity of the building had been seriously weakened by the removal of structural elements that had occurred during previous renovations. The entire building is built on a series of pillars that support six major structural trusses. Every major truss needed to be re- worked in some way or other. However, the truss closest to the front of the building was broken and starting to sag. The #2 truss was starting to lean towards the first truss. This indicated that a complete failure of that portion of the roof structure was inevitable. It's likely that a heavy snow load this coming winter could have collapsed the entire front portion of the building. We would never have seen this broken truss without undertaking such extensive demolition. Total structural roof budget November 8, 2005: 0.00 Actual costs of structural roof upgrades: Ocean Steel (steel beams, channels & angle irons) $17,000.00 K &D Pratt (materials) $350.62 Hertz Rentals (Lifts for steel) $1787.00 Hertz rental (Equip) $78.00 United Rentals (Scaffolding) $302.00 Wolsely (Equip) $47.00 Stresscon (Cement for pillar extensions) $183.71 Kent (materials) $22.39 Kent (materials) $93.06 Kent (materials) $256.79 Kent (materials) $10.43 Kent (materials) $26.76 Kent (materials) $30.24 A to Z rental (Equip) $50.00 A to Z rental (Equip) $10.00 Kent (materials) $311.34 Kent (materials) $12.46 Kent (materials) $515.12 Kent (materials) $351.75 Kent (materials) $65.20 Gerry's Welding (materials) $107.25 A T Construction (labor) $59466.00 A T Construction (labor) $2,000.00 Kent (materials) $55.31 Kent (materials) $185.05 Kent (materials) $82.12 Kent (materials) $58.08 Kent (materials) $98.53 St Ignace Works (LVL Beams) $348.00 Kent (materials) $97.39 Kent (materials) $40.98 Kent (materials - plywood) $2,926.74 Kent (materials) - lumber) $1,201.36 Total Materials & labor for structural upgrades $347170.68 Plus unrecoverable portion of HST: $2,391.94 Total cost of structural upgrades Oct 31, 2007: $367562.62 d) Extra Building demolition: As has been touched on —the original plan called for selective demolition with many of the interior walls and structures remaining intact. As the extent of the structural issues became more fully clear to us we decided that a full `gutting' of the building was required. Total demolition budget November 8, 2005: $159000.00 Charges for demolition related activities: Total actual demolition costs $56,322.22 As per Avant Garde Construction final billing. Plus unrecoverable portion of 14ST: $3,942.55 Total cost of demolition Oct 31, 2007: $609264.77 Summary: Total unforeseen costs due to poor structural integrity of 112 Princess Street: Nov. 8, 2005 Estimates Oct. 31, 2007 Costs Masonry $32,421.00 $93,405.65 Cement Floor $ 3,424.00 $229530.99 Roof& Truss $ 0.00 $36,562.62 Demolition $159000.00 $60,264.77 Total $50,845.00 $212,764.03 Extra costs: $1619919,03 2) Increase in the scope of work: There are a few areas where we have revised our plans either as a result of construction realities or as a result of re- thinking the project. a) Elevator: In the original scope of work, there is no provision at all for an elevator. However, as we continued to develop our plans for usage of the building, we realized that enhanced access to the second floor would be a huge benefit in terms of the extra flexibility we can provide for second floor usage. This was combined with our becoming aware of P.R. problems encountered by another community group in Saint John who were publicly criticized for having just finished a major re- construction of their facility with the end result being not fully accessible. As our reach in to the community has increased over the past two years, we have realized that there is a great potential for increased usage of our second floor rehearsal hall. We have adapted our plans to consider using the space to generate rental revenues for business meetings and receptions. We believe that there will be other arts organizations who might wish to use the space for rehearsal or small performances. Also — as our main administrative areas are to be on the second floor, we feel strongly that we don't want accessibility to be an issue in this area. After consulting with Otis elevator: we have decided to go with 2100lbs Telescopic Passenger Hydraulic Elevator that they provide. While we are still finalizing some details with the engineers we have been advised that we should budget for: Supply and install elevator Construction of elevator shaft Excavation of pit for machine room Electrical & Sprinkler for shaft Total budget for new construction: $859000.00 b) Rear structure to upgrade rear entrance to bldg: The original scope of work called for a rear access fire escape that would be open to the weather. As we have reviewed and revised the project, we have come to understand that we need better access to our rear parking areas for those who may be using the second floor rehearsal hall. Creating an enclosed, finished stairwell linking the second floor rehearsal hall with the parking area will save people walking around the block to gain access to the front entrance to the building. The only other options would be to have people enter through our construction workshops or to enter via the original `fire- escape' design. Neither would offer a very professional environment. Original fire- escape budget $109000.00 + HST Plus unrecoverable portion of HST: $700.00 Total budgeted Nov 8, 2005 $10,700.00 Enclosed entrance for rear of bldg $45,050.00 +HST Plus unrecoverable portion of HST: $3,153.50 Total budgeted Oct 31, 2007 $48,203.50 Total additional cost for rear structure: $37,503.50 c) Interior Sand - Blasting: In the original concept, many of the interior walls were budgeted to stay in place. However, as a complete demolition was required, this allowed us to explore different options regarding the treatment of the existing exterior walls. The decision was made to go with sand- blasted brick in order to take advantage of the heritage nature of the building. An added benefit was the added flexibility moving forward. Any future changes in electrical, heating, or plumbing systems could be quickly done as all elements will be exposed. This bill should be broken down into tow components. One portion should indicate the estimated amount of building walls as this became necessary once it was clear that we had to engage in a complete demolition of the building interior. There would then be an incremental cost associated with our decision to pursue sand - blasting for aesthetic purposes. To provide wall framing, insulation, vapor barrier, drywall, crack -fill & finish paint to approximately 5700 sq ft of wall @ $5.00 per sq ft $28,500.00 + HST Plus unrecoverable portion of HST: $13995.00 Total cost of exterior wall due to demolition requirements: $30,495.00 Cost of Sand - Blasting interior brick: $375995.00 Plus unrecoverable portion of HST: $2,659.00 Total cost of sand - blasting: $407654.00 Less cost of exterior wall construction: {$30,495.00} Net extra cost of sand - blasting: $10,159.00 d) Removal of `Cafe' concept: Included in the original design concept was the idea of having a `cafd' as a rental client. Although this was only intended to be a means to visually indicate in the plans our idea of having a tenant, the General Contractor indicated a $5,000.00 cost for building cafd counters. We have since realized that we can make better use of this space by expanding on the training and development portion of our activities. The revenue potential from workshops, youth outreach, after school programs, summer intensives etc. far exceeds the approx $800.00 per month that was originally budgeted. Also: our renewed focus on theatre training for youth opens up new avenues of funding and sponsorship. It also provides us with opportunities to develop our volunteer base from the students themselves and from the parents of those students who may wish to support the organization that is assisting in the skills development of their children. Net savings from removing CaM Concept: {$5,000.00} - Summary of increased costs due to enhanced scope of work: Total budget for new elevator installation: $855000.00 Total additional cost for rear structure: $37,503.50 Cost of Sand - Blasting interior brick: $37,995.00 * ** see note Net savings from removing Cafd Concept: {$5,000.00} Total additional costs: $1559498.50 3) Inflationary pressures caused by local construction boom Saint John, due to the announcement of several major construction projects in the past year, is in the midst of a major construction boom. As a result, construction prices are generally higher than they were two years ago. Aside from that, scheduling sub - contractors is extremely difficult as the reputable firms are all quite busy. When we eliminate the portions of work already covered in the previous sections, we arrive at a scope of work that is similar from one version of the budget to the next. If the total pricing is adjusted to remove the costs of unforeseen structural deficiencies and increases in the scope of work, we are left with the following totals: Nov 8, 2005 Oct 31, 2007 Total Price $5045708.30 $1,0285289.01 less structural {$509845.00} {$211,738.91} less additions {$155,498.50} Net cost for remaining work $453,863.30 $661,051.60 The extra $207,188.30 represents the differences in costs due to changes in the construction market in the past two years. Total Impact on Setting The Stage Campaign: Since the non - construction costs remain relatively fixed at this point, the net result is that we have decided to increase the fund- raising goal for the campaign to accommodate the extra development costs. The original goal for the entire campaign was $950,000.00 As the construction is now budgeted to cost an additional $452,425.80, we will be increasing the campaign goal to $13400,000. Current Construction Budget: Current Quotes 1) General Conditions: $2,500.00 Architect / Engineer $50,000.00 Management - - - -- Overhead - - - -- Permits $40500.00 Plans etc - -- Scaffolding $5,000.00 Gbg Removal $5,000.00 Final clean $1,500.00 Cuts for subtrades $2,500.00 Sub Tot: $68,500.00 2 &3) Sitework & Concrete: Demo & infill up tit Apr 30" $93,982.17 Sand - blasting etc $615370.00 StreetCut/Services $15,000.00 Landscaping $20,000.00 Sub Tot: $190,352.17 4) Masonry: Masonry storefront $20,000.00 Masonry Back & Sides $25,000.00 Interior masonry & window infill $42,295.0 0 Sub Tot: $87,295.00 5) Carpentry: Floor infill stairs $2,500.00 2nd fl sub -floor $6,000.00 All wood walls $14,000.00 All ground Floor strapping $5,000.00 Sub Tot: $279500.00 6) Thermal & Moisture Protection: Gutter system $1,000.00 Roofing $31,650.00 Insulate ceilings $3,500.00 Sub Tot: $36,150.00 7) Door's Windows, & Storefront Garage doors $800.00 Glazing doors $2,250.00 Glazing windows $33850.00 Door frames hardware $1800.00 Windows 2nd fl $21,700.00 Wood storefront $23.600.00 Sub Tot: $779400.00 8) Finishes: Drywall & Ceiling $24,500.00 Flooring $16,000.00 Painting $105000.00 Sandblast Ceiling - -- Paint Ceiling $7,500.00 Sub Tot: $589000.00 9) Specialties: Kitchen Cabinets $3,500.00 Bathroom vanities $1,200.00 Railings etc $750.00 Toilet partitions $29000.00 Foot Grill $2,500.00 Bathroom Accessories - -- Sub Tot: $99950.00 10) Fire protection: Sprinkler system 3 ] 500.00 Sub Tot: $31,500.00 11) Plumbing: Bathrooms etc $45,000.00 Roof Drains $6,000.00 Heating system $35,000.00 Sub Tot: $86,000.00 12) HVAC: Heating $37,800.00 Vent. 10,000.00 A/C $25,000.00 Sub Tot: $729800.00 13) Electrical Electrical Entrance $15,000.00 Wiring building $20,000.00 Security & Fire Alarm $10,000.0 0 Sub Tot: 545,000.00 14) Basement infill to replace Boor Steel $19400.00 Concrete $ ],500.00 Formwork $1,000.00 Sub Tot: $3,900.00 15) Structural Steel & roof upgrades Labor $7,466.00 Shoring etc $6,500.00 Steel Package $17,000.00 Material $7,293.97 Concrete $183.71 Rentals $2,227.00 Sub Tot: $34,170.68 16) Back of Bldg. Excavation $6,500.00 Formwork $3,500.00 Rebars $1,500.00 Concrete $2,800.00 Insulation $700.00 Wall structure $8,000.00 Staircase $8,500.00 Exterior finishes $9,000.00 Roofing $4,500.00 Sub Tot: $45,000.00 17) Others Signage $2,500.00 Elevator $85,000.0 0 Sub Tot: 87,500.00 TOTAL: $9619017.85 7% unrecoverable HST $67,271.25 Total construction Budget $190289289.01 Current Status or work completed: As of Oct 31, 2007 the status of work completed is as follows: Demolition: complete Masonry: Interior masonry work is essentially complete. There remain a few minor repairs which were not visible until the sandblasting had been completed. Exterior masonry is complete. The main fapade will be done in the spring. Roofing: This will commence within the next two weeks. Excavation etc: Is almost complete. Within a few days we will will have all services (water — sewage - sprinkler— power — data — natural gas) brought into the building. Floor infill: Is now complete Carpentry: The second floor is completely framed. The ground floor is approx. 1/3 framed. Ground floor framing will be finished within the next two weeks Plumbing: Roof drains are complete. Rough plumbing is finished for the ground floor and for the second floor Electrical: 400 amp 3 phase entrance to be installed immediately after services re brought into the building. Wiring of rooms will then proceed after framing is complete. Heating: Contract has yet to be awarded. Contract should be finalized within the next two weeks. A/C & Vent: Contract is still being spec'ed. Sprinkler: Contract has been awarded and work will commence after interior framing is complete. Fagade: Storefront contract has been awarded. Shop drawings are being prepared. Windows have not been ordered yet. We have quotes. Masonry will be done next year. Rear addition: Foundations will be excavated as soon as masons are done in rear of building. Most of the above mentioned work will be complete or well under way by the end of the calendar year. Interior finishes — doors — flooring — drywall — contracts are yet to be awarded. Budget Information Part 2 revenue: See the below for a detailed list of confirmed donors to date (Oct 31, 2007). The donor list breaks down in the following categories: Federal: Provincial: Municipal: Mon. Heritage: SJTC Board: Foundation: Lead Donor: Corporate Support: Local Business Support: Private Gifts: Total Confirmed: $180,000 $256,000 (includes: $230,000 RDC $63,500 $11,500 $61,000 $89,500 $1005000 (BMO Financial Group) $86,000 $123,000 $105,874 $1,076,774 This leaves approx, $324,000 left to be raised for the project. $20,000 NB Arts Builder - $6,000 Efficiency NB * * * ** *Since these numbers were compiled in late October, we have received confirmation of three new sources of funding: Provincial "Built Heritage Program" $352000.00 Foundation funding $1 1,500.00 Brunswick Pipeline $15,000.00 New overall total $1,1381274 This leaves approx. $261,000 left to be raised for the project. Settin The Sta a donor list Oct 31, 2007 Pled ed ferret; Ainswortn, Jonn (Nrinting mus) 19500 Friends Aliant 15,000 Benefactors Asimakos, Peter 1,500 Friends BMO Nesbitt Burns 119500 Executive Producer's Herron, Beth 100,000 Circle Britton, Andrew 3,000 Patrons CIBC Wood Gundy 11500 Friends CISCO Systems Canada 409000 Director's Circle City of Saint John 31500 Patrons City of Saint John 60,000 Producer's Circle Cronin, Pauline 31000 Patrons Crosby Molasses 10,000 Benefactors Cultural Spaces Canada Executive Producer's 1809000 Circle Cunningham, Andrea 1,500 Friends Currie, Richard 100000 Benefactors Deloitte 1,000 Friends DFS Architects 13500 Friends Dobbelsteyn, Brian 3,024 Patrons Donnely, Marilyn & Fred 3,000 Patrons Dunn Foundation 30,000 Director's Circle Efficiency New Brunswick 6,000 Patrons Elliot, John 31000 Patrons Enbridge 101000 Benefactors Everitt, Joanna 41000 Patrons F.K. Morrow Foundation 5,000 Patrons Fortis Properties 21,000 Director's Circle Goodwin, Brian 10,000 Benefactors Greater Saint John Community Fndn 10,000 Benefactors Heritage Development Board (SJ) 119500 Benefactors Herron, Beth 100 Friends Hope Grant 1,000 Friends Hornik, Irwin 750 Friends Humphries, Chad 1,500 Friends Imperial Tobacco 109000 Benefactors Irving, Jamie (Telegraph Journal) 25,000 Director's Circle Kaye, Kizzy 4,000 Patrons Knox, Jim (Remax) 1,500 Friends Larooi, Lysbeth 800 Friends Lawson & Creamer 31000 Patrons Legris, George 200 Friends Mackin, Judith 31000 Patrons MacMillan, Shane 11500 Friends MacMurray Foundation 71500 Patrons McCain, Allison & Claire 59000 Patrons McCain, Harrison Foundation 25,000 Director's Circle McCain, Scott 15,000 Benefactors McCain, Stephen 21500 Friends McCormick, Suzy 11500 Friends McGraw, Mike 1,500 Friends McKean Family Foundation 29000 Friends Moosehead Breweries 5,000 Patrons Narine, Dr. Shaun 1,000 Friends NB Arts Builder 20,000 Benefactors Neilsen, Kristi 1,500 Friends Norton, Mel 11500 Friends Oland, Derek & Jackie 215000 Director's Circle OSCO Construction Group 165000 Benefactors Poirier, A.C. 21100 Friends Pond, Gerry - Mariner 5,000 Patrons Rawding, Jay 11500 Friends Executive Producer's Regional Development Corp. 230,000 Circle Reid, David 15,000 Benefactors Saint John Animal Hospital 31000 Patrons Saint John Energy 10,000 Benefactors Saint John Port Authority 305000 Director's Circle Spencer, Fred 11500 Friends Teed Saunders Doyle 61000 Patrons Thomas, Scott & Alison 31000 Patrons Tobias, Raymond & Doris 3,000 Patrons Tobias, Rick 11500 Friends Tobias, Stephen & Sandra 26,000 Director's Circle TS Simms 31000 Patrons Uponor Canada 300 Friends Water Street Dinner Theatre 59000 Patrons Watters, Rick 31000 Patrons Totals 11076,774 AREA CODE 506 1650 MANAWAGONISH ROAD WEST PHONE 672 -4309 SAINT JOHN , N. B. CAMAOA E2M 3Y3 FAX 672 -9369 Cebar Fitt- @reeftoob Cemeterp Co. November 15, 2007 . City of Saint John P.O. Box 1971 Saint John, NB His Worship Mayor Norman McFarlane_ and Councillors On behalf of the Board of Directors of Cedar Hill Greenwood Cemetery I would like to request your consideration that a sidewalk be extended in front of our cemetery on LancasterAvenue, in West Saint John. The present sidewalk stops at the edge of the driveway of Hillcrest Baptist Church and we have noticed a path has been worn by pedestrians from there to Tilton's Corner. We are asking the following: • Why did the City not continue the sidewalk to Tiltons Corner? • The public obviously uses this side of the roadway to walk. • Looks like there is enough area to have a sidewalk. • In light of the new housing development on Lancaster Avenue (old DVA site), it would certainly help to enhance area, as well as our cemetery. • Cost of this project would be very little, (only a short distance)? • If there is a problem that the City may be infringing on cemeteries land, we certainly would be open to discussions. Old Cedar Hill located on Lancaster Avenue was established in 1792; just nine years after the United Empire Loyalists arrived. A cenotaph for Charles Gorman sits in King Square, but did you know that he was buried in this cemetery? The "Paris Crew" were World Class Oarsmen. Robert Fulton, Elijah Ross, George Price, Sam Hutton, and their manager Sheriff James Harding are buried in this cemetery. The oldest United Empire Loyalist William Boggs died at the age of 104 on May 18, 1838. He was buried in Cedar Hill along with many other Loyalist Families. In 2004 we embarked on a restoration project at Old Cedar Hill to restore and upright all of our monuments, this was a large undertaking, but we are pleased to say today, that all of our monuments are standing proudly. Our MISSION STATEMENT: To operate a non -profit cemetery that is a credit to the community and a beautiful green area for our citizens. Maintain a historical site for local and visiting genealogist to uncover their past, as well as a point of interest for tourists visiting Saint John. To give our ancestors a resting place that reflects the respect they deserve. I want to thank you for your consideration of our request, and look forward to hearing from you in the near fixture. Sincerely yours, Q"�e 5 Richard Burpee, President Fundy Bay Festival Inc. P.O. Box 27025 RPO Manawagonish Saint John, N.B. E2M 5S8 (506) 738 -0990 tbf( nb.sympatico.ca December 3`d92007 To: Your Worship Mayor Norm MacFarlane And members of common council I am writing to you in regards to an update on the Fundy Bay Festival. Work is now in progress to host the 3rd Annual Fundy Bay Festival. The dates for the festival are now set to take place on August 7'h to 100 /2008.Most of the entertainment and venues for 2008 are now booked. As such, our committee is requesting that Common Council consider earmarking $ 5,000.00 during your budget deliberations for the 2008 Municipal budgets. The $5,000 contribution will be used for marketing, promotion and insurance for 2008. Our committee will be requesting to appear before council with a formal request and council approval at a later date. I will be in touch as soon as we complete further details of the 2008 Festival. Thank you all for your consideration in this matter. You will be glad to hear that the Festival made a profit in 20070 Sincerely Fred Little President I3 Maw rql, To 1 11 :i VAL SAINT �►.` 1tS� I j 4 SWICK THURSDAY, August 90, FIRST NATION'S DAY Opening Ceremonies Market Square Boardwalk 12:00 Noon - 8:00 PM Free Venue ST. JOHN RIVER CRUISE WITH DELBERT WORDEN MV Voyageur H Saint John Marina (Westfield Road) 1:00 PM - 4:00 PM $30.00 /person MUCH VIDEO DANCE 3 -Mile Complex (Maxxx Room) 10:00 PM - 2:00 AM $5.00/person cover charge at the door (Must be 19yrs +) FALLS FESTIVAL SPECIAL "The Falls Restaurant° 1 Hour Guided Harbour Boat Tour $20.00 /person + (Daily Dinner Special) FRIDAY, August 10"' MULTICULTURAL DAY Market Square Boardwalk 12:00 Noon - 8:00 PM Free Venue FALLS FESTIVAL SPECIAL & ENTERTAINMENT "The Falls Restaurant° 1 Hour Guided Harbour Boat Tour $20.00/person + (Daily Dinner Special) ST. JOHN RIVER CRUISE WITH SONNY & JOHNNY MV Voyageur H Saint Jahn Marina (Westfield Road) 1:00 PM - 4:00 PM $30.00 /person LANCASTER MALL WEST Free Entertainment 8:00 PM -8:00 PM TICKETS: (506)6464090 2007 Q SATURDAY, August 111h FIRST ANNUAL SL JOHN RIVER FAMILY DAY & FLOTILLA Saint John Marina (Westfield Road) 1:00 PM -5:00 PM ST. JOHN RIVER MARDI GRAS CRUISE - THERESA MALENFANT Saint John Marina (Westfield Road) Daytime Cruise 8:00 PM - 8:00 PM Moonlight Cruise 10:00 PM -12:00 PM $30.00 /person (Must be 19yrs +) V (Chance to win a trip for 2) e� +yap MARDI GRAS PARTY ° 0 Glamour Puss and 0o"� Kindred Brothers with Debbie Adshade Saint John Marina (Westfield Road) 7:00 PM -1:00 AM TPAV Et) $10.00 /person (Must be 19yrs +) (Chance to win a trip for 2) RHODWS 1 "T MARDI GRAS MARKET Saint John West - Free Admission Barnhill & St. Rose School Yard Manawagonish Road 7:30 AM - 2:00 PM COUNTRY JAMBOREE Lomeville Community Center featuring the 'Fiddling Landry's" 7:00 PM -10:00 PM $10.00 /person COUNTRY /BLUEGRASS DAY Market Square Boardwalk Great Line -up of Entertainment Featuring: Julian Austin Free Venue LANCASTER MALL WEST , Free Entertainment 2:00 PM - 4:00 PM .4 `!~` SUNDAY, August rP 3 GOSPEL SHOWS (2:00 PM - 4:00 PM) Full Gospel Assembly, Rotbesay Baptist, Grand Bay Wesleyan (Free Will Offering) FLOTILLA BREAKFAST - $8fperson (8:00 AM -1:00 PM) Saint John Marina www.fundybayfeatival.com E� 434 Lancaster Street Saint John West, NB E2M 1 K4 December 5, 2007 To Mayor McFarlane and City Councilors Re: Fort Dufferin Proiect I enclose herewith a copy of a "Letter to the Editor" at the Telegraph - Journal having to do with the above - mentioned project. I think our "City Fathers" should look long and hard at the proposal as outlined in the November 12 edition of our local paper. There is room for beautification of the site, but it is questionable if the portion of the area just below the railway track could sustain the traffic generated by such construction. (In days gone by, the whole area below the track was known as "Fort Dufferin," —not just the military site itself.) There are other salient points one could make over and above those mentioned in the enclosed "Letter to the Editor," the most notable of which might be the collapse of the waterside edee of Holy Cross Cemetery (at McLaren's Beach) some 30/40 years ago when some of the bodies at the gravesite had to be re- interred. Holy Cross Cemetery is only a mile or two—as the crow flies —from Fort Dufferin. Could there be a connection between the collapse of the graveyard and the deterioration at the entrance to Fort Dufferin? I am not entirely negative regarding the Fort Dufferin proposal, but it needs serious consideration by those local authorities who will not be influenced by out -of -town developers interested in what could be considered a "fly -by- night" operation. Thanks for listening. Florence McLaughlin To Whom It May Concern I read with interest —and then with alarm the proposal to develop the long - neglected area of Fort Dufferin into a 600 -unit condominium complex. The article presents a positive view of the site, citing everything from the possible tax revenue to the city to connections to the Harbour Passage to water taxis serving as a unique way to connect to uptown and so on. It all sounds wonderful. May I play the devil's advocate and draw attention to some of the pitfalls? Firstly, the property adjacent to Fort Dufferin has deteriorated considerably over the better part of a century. The original road to Fort Dufferin has long since eroded and is now impassable; years ago a retaining wall had to be built to protect the railway tracks from crumbling into the harbour; Kane's Wharf —a swimming hole for local teen- agers— is nothing but a pile of boulders; and a guard rail has been placed along what is left of the water's edge to prevent further deterioration and protect the three remaining houses. Secondly, 600 condominiums means 600 cars will have to travel up and down City Line, presently the only entrance /exit over a railway track to the site. Another possible entrance /exit might be from Bay Shore along the edge of the adjoining cliff necessitating the expropriation of the four houses currently situated in that area (also over railway tracks). Then there is the question of the tanker cars along the now unused part of the railway tracks. Tanker trucks pass up and down City Line on a fairly regular basis to this site and one questions the contents of such tankers. (Should one suspect hazardous waste and/or dangerous chemicals ?) On the other hand, by all means develop the site! Preserve what is left of the military installations —lo they date back to the First World War, or to the War of 1812? Check out the history. Preserve the beauty of the landscape; upgrade the entrance /exits and build suitable housing. For years we have heard talk of a "Fisherman's Wharf' type of restaurant along the waterfront. Would this not be a practical spot for such a project? As to connections to Harbour Passage, why stop at Fort Dufferin? The potential is there to make connections all the way to the Irving Nature Park. What other city has such beauty on its outskirts, and what other city has let the opportunity for such development pass it by! BUT, a 12 -story, 3 building, 600 -unit complex along our waterfront. How inappropriate! How ugly! F. M. McLaughlin Saint John West December 5, 2007 SPORT TO COMMON COUNCIL M & C 2007 - 384 December 6, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Engine Retarders BACKGROUND -. The Uty of Saint John At the November 19, 2007 Common Council meeting, a motion was adopted to have staff report back to Council with respect to the use of engine retarders (jake brakes) by the trucking industry near residential areas and new housing developments. ANALYSIS Engine retarders, commonly referred to as "Jake Brakes" (although this is a proprietary name), are used by truckers when decelerating as a means to slow the large vehicle down using the engine as a braking system. This braking procedure emits a loud "blatting" noise through the exhaust system that many find offensive — especially during the night time hours. Use of the engine retarders reduces maintenance costs to the trucks by reducing wear and tear on the mechanical braking system. The City has received complaints from citizens within residential areas with respect to the use of engine retarders. The most common complaint is the use of the engine retarder during evening hours when people are trying to sleep. THINK OF OTHERS- City staff designed the sign, as shown to the left, RESIDENTIAL ahR�q' "requesting" truck drivers not to use their engine retarders PLEASE N _ within residential areas. The sign was first placed on Market ENGINE RETARD Place near Rodney Street, St. John Street between Lancaster Street and Watson Street, on Lancaster Avenue just before PEN T EZ R i -E 4TI ' Dufferin Row and on Hardin Street West at the brow of the �,` �'TEI�F� REw•I[:'EVTI g hill. Since then, signs have also been placed on SVL NTT ER LES Manawa onish Road Hewitt Road and at two locations on sUE MOT. Somerset Street. Sign on Somerset Street M &C2007 -384 December 6, 2007 Page 2 Using frequency of repeat phone calls as a measure, the installation of the signs has been very successful. Staff is unaware of any repeat phone calls from areas where complaints had been received after the signs were installed. The trucking industry has been very cooperative in this regard and should be commended for their efforts in this respect. Staff will look at each request received independently and make a determination if the installation of a sign to reduce the use of engine retarders is warranted and signs will be installed accordingly. FINANCIAL IMPLICATIONS Funding for the production and installation of signs to reduce the use of engine retarders in residential areas is contained within the Municipal Operations General Fund budget. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering P.O. Box Local 771, IAFF Saint John, N B. E21 3X1 Saint John Fire Fighters' aff771Qnbnet.nb.oa Association December 04/07 Mayor McFarlane and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB Dear Mayor and Council: Re: Grievance, Employee's denied Disability Pensions. With reference to the above noted Grievance I am requesting that the matter be referred to a board of Arbitration pursuant to Article 20:07 of the Collective Agreement. Local 771's nomination to the Board is: Robert Davidson 623 Hall Rd. Passekeag E5N 7P8 650 -9871 The local feels that the treatment of several employees to be denied benefits after being deemed no longer disabled to be a violation of the Collective Agreement. This grievance is filed, therefore, based on Article 1:01, Article 4:01, Article 11:01, Article 14:01, 14, :02, 14:03(1), 14:03(5), 14:03(8), 14;03(10), 14:03(13), Letter of Agreement #1 & 6, The Human Rights Act, Charter of Rights and Freedom Act and any other applicable article, past practice, right or law. We seek full redress to rectify this Grievance. Please submit the name of your Nominee to the undersigned: Sincerely: 4 , -&OL Lawrence J. Cook Recording Secretary 6,1 REPORT TO COMMON COUNCIL M&C# 17 December 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council: SUBJECT: LOCAL 771 GRIEVANCE FD 2 (Employees Denied Disability BACKGROUND The above noted grievance was heard at a meeting of the Q Whole of the Common Council on November 5, 2007. The g and this was communicated to the Local on November 6, 20( Article 20:07 of the Collective Agreement, Local 771 has refe arbitration. ANALYSIS 1-01 iittee of the ance was denied Pursuant to I this matter to Under the terms of Article 20:07 of the Collective Agreement, the employer is required to appoint a nominee within 10 days of a referral to arbitration, Given the seriousness of this matter and the financial implications, the appointment of an experienced board member is critical. William B. Goss Q. C. has vast experience as a labour lawyer and has represented many err ployers at arbitrations. His experience and knowledge of the law would make him most suitable in this instance. Mr. William B Goss, Q.C. has provi ed a brief resume and this is attached. INPUT FROM OTHER SOURCES The nominee was discussed with the Fire Chief and the City Solicitor and both concur with the appointment. RECOMMENDATION It is recommended that Common Council appoint William B. qoss as the employer's nominee to the board of arbitration referred to in oorresponde received from Local 771 dated November 6, 2007 (copy attached). Respectfully submitted, John J .WIntyre M anag , Human Terrence L. Totten, FCA City Manager William B. Goss, Q.C. I x W i Education: University of New Brunswick (B.A., 1972) University of New Brunswick (LL.B., 1974) London School of Economics, University of London Bar Admission(s): New Brunswick, 1974 Queen's Counsel: 1998 Areas of Law: Labour and Employment Occupational Health and Safety Labour Relations Pensions & Employee Benefits Law Society Memberships: Canadian Bar Association Law Society of New Brunswick Lexpert Ratings: Employment Law Labour Relations Memberships: 1993 -1995, Counsel, Miller Commission of Inquiry, N Training School .M., 1976) Brunswick REPORT TO COMMON COUNCIL f City of saint J1--oh iI December 17, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Two (2) IBM AS400 Host Computers BACKGROUND Tenders have been received for the supply and installation of two new IBM AS400 Model 515 Host Systems complete with the peripheral equipment necessary to meet the City's specific needs. These units will replace existing equipment used in conjunction with the City's Management Information System and for the report management and other applications used by the Police Force and Fire Department. ANALYSIS Two companies — xwave and Anisoft Group Inc. - submitted bids in response to the City's call for public tenders. Vendors were requested to submit tenders that provided for the supply of the units and to provide a detailed plan for their installation. After careful review of the bids, by staff of the ISS area, it was determined that the xwave tender did not properly and completely address the installation requirements of the tender call. It is for this reason that the xwave bid was deemed to be incomplete and removed from further consideration. FINANCIAL IMPLICATIONS The total cost to purchase two new IBM AS400 Model 515s and the necessary peripheral equipment will be $107,286.00 plus tax. This is a planned expenditure and as such funds were included in the 2007 Capital Budget. RECOMMENDATION It is recommended that the tender from Anisoft Group Inc. for the supply and installation of two new IBM AS400's Model 515 host systems and associated peripherals in the amount of $107,286.00 (plus tax), be accepted. Respectfully submitted, W.D. Todd, Director Information Systems and Support Terrence Totten, FCA City Manager REPORT TO COMMON COUNCIL M & C 2007 -392 December 12, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2007 -41: Water Street Precinct Saint Andrew's Park Enhancements BACKGROUND M. The City of Saint John The 2007 General Fund Capital Program includes funding for the upgrading of Saint Andrew's Park located at the foot of King Street near the junction with Prince William Street and Water Street. Construction is scheduled to commence in mid -April 2008 when weather permits and is to be completed by August 31, 2008. The work consists generally of the supply of all necessary labour, material and equipment for the removal of existing asphalt concrete surface, clay brick pavers, curb, trees and other structures, construction of concrete foundations, including a full concrete foundation with an electrical vault to house a Saint John Energy transformer, and relocation of the Barbour's General Store and Little Red Schoolhouse from their existing location at Loyalist Plaza to the new foundations. The work also consists of the installation of a water and sanitary sewer service, catch basins, underground electrical conduits, concrete and granite curb, concrete curb and gutter, concrete sidewalk, clay brick pavers, benches, interpretive panels, street lighting, landscaping and other related work. Common Council, at its meeting of April 11, 2007, authorized the Saint John Waterfront Development Partnership to negotiate a contract with Daniel K. Glenn Ltd. (recently renamed Glenn Group Ltd.) to provide the final design services for Saint Andrew's Park as well as for Saint Patrick Park (Three Sisters), Broad Street Plaza and Pugsley Park. Tenders for Saint Patrick Park and Broad Street Plaza will be called in 2008 and for Pugsley Park in 2009. M & C 2007 -392 December 12, 2007 Page 2 TENDER RESULTS Tenders closed on November 14, 2007, with the following results: 1. Castle Rock Construction Services Inc. $775,092.00 Saint John, NB The consultant's estimate for the work was $531,445.00. ANALYSIS The tender was reviewed by staff and it was found to be formal in all respects with the exception of an error in mathematics. The math error was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.18(a). The difference between the tendered amount and the consultant's original estimate is $243,647.00 ($775,092 — $531,445.00). Following the tender closing, staff prepared a spreadsheet to compare the tendered unit prices to the prices utilized to produce the consultant's estimate. After comparing the prices and reviewing the consultant's estimate in detail, it was discovered that the consultant had not included the HST in their estimate. After allowing for the HST, the consultant's estimate was calculated to be $582,618.00. Given that there was only one bidder for the project, staff wanted to ensure that the City would receive good value for the funds being allocated to this project. With this in mind, staff requested a meeting with the tenderer to discuss the differences in the tendered amount versus the consultant's estimate and to take advantage of an opportunity to negotiate a better overall project price. Staff reviewed the contract Schedule of Quantities and Unit Prices with the consultant and the tenderer in an effort to identify areas where agreed upon adjustments could provide a cost saving to the City. The tenderer, consultant and staff were successful in identifying alternative material to be incorporated into the work that would result in a cost saving of $ 139,712.00 to the project. By substituting the new granite curb with salvaged granite curb supplied by the City and by increasing the quantity of concrete curb, the tenderer agreed that they could complete the work in a more efficient manner that would result in reduced construction costs with an overall lower project cost. The negotiated tendered price is now $635,380.00, which is $52,762.00 ($635,380.00 - $582,618.00) more than the revised consultant's estimate. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of the negotiated tender price. M & C 2007 -392 December 12, 2007 Page 3 INPUT FROM OTHER SOURCES The City Solicitor and Purchasing Agent were consulted prior to staff contacting the tenderer and both agree that post -bid negotiations between the tenderer and City to identify project scope changes that would result in an overall reduction in project cost would be considered an acceptable process. FINANCIAL IMPLICATIONS The contract includes work that is charged against the 2007 General Fund Capital Program, Transportation category. An analysis has been completed which includes the estimated amount of work that will be performed by City forces and others. The cost analysis concludes that a total amount of $695,000 was provided in the General Fund budget for Saint Andrew's Park and that the projected completion cost of the projects included in this contract and also work to be done by others is estimated to be $664,466.53, including the City's eligible HST rebate — a $30,533.47 positive difference in the General Fund Capital Program. The amount of $695,000 provided in the General Fund Capital Program, as identified above, includes $70,000 under City share and $625,000 under Other share. The amount of $625,000 is to be recovered from other sources, of which $111,684 has been committed by Saint John Energy for the construction of the electrical vault and installation of an underground duct system. Further, additional work under the project that is to be completed by "others" includes: the relocation of existing decorative street lights, consulting services for construction management, asphalt concrete, Portland cement concrete and soils testing and inspection. RECOMMENDATION It is recommended that Contract 2007 -41: Water Street Precinct — Saint Andrew's Park Enhancements be awarded to the tenderer, Castle Rock Construction Services Inc., at a negotiated tender price of $635,380.00 as calculated based on 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 f M & C — 2007 -395 City of saint 1--oh iI 14 December 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender - Clubhouse Renovations, Rockwood Park Golf Course BACKGROUND: Tenders closed on Wednesday December 12, 2007 for the supply of all necessary labour, materials tools and equipment required for a complete siding replacement , building addition and roof construction to the Rockwood Park Clubhouse. ANALYISIS: Two companies responded to the City's call for public tenders by submitting bids. Staffs of Facilities Management and Materials and Fleet Management have reviewed the tenders and have found them all to be complete in every regard. A summary of the bids is enclosed for your information and review. FINANCIAL IMPLICATIONS: The total cost of renovations at the Rockwood Park Clubhouse, if awarded to the lowest bidder, will be $141,000.00 plus HST This is a planned project and as such funds to cover the cost are included in the Facilities Management Capital Budget for 2007. Page Two RECOMMENDATION: It is recommended that the tender submitted by Castle Rock Construction, in the amount of $141,000.00 for the supply of all necessary labour, materials, tools and equipment required to renovate the Clubhouse, Rockwood Park Golf Course be accepted. Respectfully submitted, Oj r, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager City of Saint John Tender Results Tender 2007-085104T Clubhouse Renovations, Rockwood Park Golf Course Tenderer Erb's Enterprises Ltd. Castle Rock Construction Tender Price $ 195,860.00 $ 141,000.00 * * Indicates Recommendation REPORT TO COMMON COUNCIL M & C — 2007 -393 14 December 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposal — Masonry Re- pointing, Carnegie Building 20 Hazen Avenue BACKGROUND: f City of saint JcohiI Proposals closed on Thursday, November 15th, 2007 for the supply of all necessary labour, materials tools and equipment required for masonry re- pointing and miscellaneous exterior repairs required at the Carnegie Building at 20 Hazen Avenue. ANALYISIS: Two companies: Fundy Masonry Limited and Wildwood Masonry Ltd responded by submitting proposals which have been evaluated by staffs of Facilities Management and Materials and Fleet Management. Proposals were evaluated using a set of criteria including: Company Experience, Methodology including procedures and materials to be employed, Time frame to complete the work, and Cost. Where both companies rated basically equal with regards to experience and methodology to be employed, Fundy Masonry submitted a lower cost for the project of $91,000.00 plus HST compared to Wildwood with a cost of $98,900.00 Page Two FINANCIAL IMPLICATIONS: The total cost for re- pointing and miscellaneous exterior repairs to the Carnegie Building, if awarded to the lowest bidder, will be $91,000.00 This is a planned project and as such funds to cover the cost are included in the Facilities Management Capital Budget for 2007. RECOMMENDATION: It is recommended that the proposal submitted by Fundy Masonry Limited, in the amount of $91,000.00 plus HST for the re- pointing and miscellaneous exterior repairs to the Carnegie Building, be accepted. Respectfully submitted, rL)J g � , David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL M & C — 2007 -394 14 December 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for the Collection of Residential Solid Waste BACKGROUND: Lit ;.�,. ¢ f y City of saint john Tenders closed on Wednesday, December 12th 2007 for the establishment of supply agreement for the collection of residential solid waste in the outlying areas ofthe City. The term of this supply agreement, which is normally for a longer period, has been reduced to 6 months, with an option, should the City wish to exercise it, to extend, on a month to month basis, for an additional 6 months. Municipal Operations are reviewing the existing bylaw for the "Storage, Collection and Disposal of Solid Waste" and anticipate potential changes may affect the manner and frequency of waste pickup. For this reason, the term of the agreement has been shortened to a six month agreement. ANALYSIS: Three companies responded to the City's tender call by submitting bids. Staff of Municipal Operations and Materials Management has reviewed the bids and have found them to be complete in every regard. A summary of the tenders received is enclosed for your consideration. Page Two FINANCIAL CONSIDERATIONS: The prices contained in the enclosed summary represent the monthly costs for the collection and disposal, including tipping fees, of residential solid waste for each household or camp identified in each zone. Based on these unit costs, multiplied by the number of units per zone, the total cost to the City of Saint John for the collection of residential solid waste from the out lying areas, if awarded as recommended to the lowest bidder for each zone, will be $69,619.61 monthly, plus tax. Funds to cover the cost of this service will be included in the 2008 Operating Budget. RECOMMENDATION: It is recommended that the tenders of Dominion Refuse Collectors and Fero Waste & Recycling Inc. be accepted for the establishment of a supply agreement for the collection of residential solid waste in the zones identified in the tender document and for a period from January 1, 2008 through to June 30, 2008, with an option to extend, on a month to month basis for a maximum additional 6 month term, be accepted. Respectfully submitted, rd'� g�- David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager City of Saint John Tender 2007-084001T Collection of Residential Solid Waste Tender Opening: 2:30 P.M., Wednesday, December 12, 2007 2nd Floor Boardroom, 175 Rothesay Avenue * Indicates Recommendation FERO WASTE & RECYCLING INC. WASTE MANAGEMENT DOMINION REFUSE COLLECTORS 2007 PRICING PRICE PER PRICE PER PRICE PER PRICE PER PRICE PER PRICE PER PRICE PER PRICE PER MONTH PER MONTH PER MONTH PER MONTH PER MONTH PER MONTH PER MONTH PER MONTH PER HOUSE CAMP HOUSE CAMP HOUSE CAMP HOUSE CAMP * $18.00 * $9.00 $24.24 $24.24 $21.50 $10.75 $14.00 $7.00 ZONE 1 * $18.00 * $9.00 $24.24 $24.24 $22.25 $11.12 $14.00 $7.00 ZONE 2 * $18.00 * $9.00 $24.24 $24.24 $21.99 $10.99 14.00 $7.00 ZONE 3 *$18.00 *$9.00 $23.24 $23.24 $20.99 $10.49 $12.99 $6.50 ZONE 4 ZONE 5 $18.00 $9.00 $24.24 $24.24 *$15.99 *$7.99 $13.25 $6.62 ZONE 6 $18.00 $9.00 $23.24 $23.24 *$15.99 *$7.99 New in 2008 ZONE 7 $18.00 $9.00 $23.24 $23.24 *$15.99 *$7.99 New in 2008 * Indicates Recommendation REPORT TO COMMON COUNCIL M & C — 2007- 391 14 December 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: 2008 Insurance Renewal BACKGROUND: f City of saint J1--oh iI Each year the City's, "Agent of Record ", AON Reed Stenhouse Inc., is required to approach his markets in order to obtain a renewal quote. This year the agent has submitted a quote from the St. Paul's Fire & Marine Insurance Company in the amount of $ 814,663 for the 2008 term. This procedure is in keeping with the resolution of Council at it's Open Session meeting of December 10, 1990. It is the responsibility of the agent to obtain quotations on all insurance requirements for the City, and to provide this insurance at cost, without any commissions. The "Agent of Record" is paid an annual fee for his services, which has been specified until January 1, 2011. The fee for the 2008 term is $ 45,000. The initial cost of insurance coverage for the year 2008 is quoted as $ 814,663, plus the agency fee of $ 45,000 for a total 2008 cost of $ 859,663. This compares to the previously approved cost of $ 813,448 for insurance coverage and an agency fee of $ 45,000 for a total 2007 cost of $ 858,448. The insurance premiums therefore reflect an increase of $1,215.00 or approximately 0. 14 percent. -2- ANALYSIS: The following will illustrate the loss ratios for the past five years on our major coverage as of December 1, 2006. Coverage Year Initial Losses Loss Premium to Date Ratio ( %) 1) Property 2003 105,680 172,137 162.89 2004 113,891 0 0 2005 115,685 50,207 43.40 2006 158,889 79,349 49.94 2007 151,648 7,213 4.76 Totals: ------ - - - - -- 645,793 -------- - - - - -- 308,906 --------------- 47.83 2) Auto - Fleet 2003 250,459 230,420 92.00 2004 259,757 4,271 1.64 2005 268,559 67,598 25.17 2006 325,150 30,347 9.33 2007 277,110 36,348 13.12 ------- Totals: - - - - -- 1,381,035 ------- - - - - -- 368,984 ------- - - - - -- 26.72 3) Gen. Liability 2003 357,434 54,875 15.35 2004 398,921 83,499 20.93 2005 413,283 0 0 2006 286,306 492,335 171.96 2007 257,675 9,420 3.66 -------- Totals: - - - - -- 1,713,619 -------- - - - - -- 640,129 ------- - - - - -- 37.36 4) E & O LIAB. 2003 36,064 0 0.00 2004 43,277 157 0.36 2005 43,277 0 0.00 2006 47,181 0 0.00 2007 42,463 0 0.00 -------- Totals: - - - - -- 212,262 ----- - - - - -- 157 ----- - - - - -- 0.07 5) All Other 2003 45,625 0 0.00 2004 50,164 7,804 15.56 2005 50,020 0 0.00 2006 91,402 0 0.00 2007 84,552 1,159 1.37 Totals: ------- - - - - -- 321,763 ------- - - - - -- 8,963 ----- - - - - -- 2.79 -3- 5) Total Annual Figures 2003 795,262 457,432 57.52 2004 866,010 95,731 11.05 2005 890,824 117,805 13.22 2006 908,928 602,031 66.24 2007 813,448 54,140 6.66 Totals: --------- - - - - -- 4,274,472 -------- - - - - -- 1,327,139 ------ - - - - -- 31.05 FINANCIAL IMPLICATIONS: The City is just completing its second year with our new broker and insurers. Our losses have been continuing to decrease and with the continuance of the in -house handling of the majority of property damage claims, we hope that this trend will continue. Provincial Legislation with regard to payment caps on soft tissue injuries and the removal of nuisance liability findings against Municipalities are factors that have proven beneficial to the City's loss ratio as well as to the City's insurers. Although a five to seven year loss history is still considered when rating the City's coverage, the City is continuing to improve over the last few years. With the exception of the one large payout under our liability coverage for a 2006 claim, the City is still looking at a reduction in the number of claims being presented to our insurers. There will also be approximately $ 45,000 of recoverable premium, from Harbour Station, and the Parking Commission to be removed from the total costs. The City will be left with approximately $ 814,663 in overall insurance cost for 2008. Attached to this report are three schedules which set out the various coverage, deductibles, and premiums. The City's Insurance & Claims Officer and the City's Agent of Record have analyzed the information and provide the following highlights; L PROPERTY: The premium for this coverage is determined by an average rate per $100.00 of insured value. The average rate used in 2007 was .0873. In 2008 the average rate was decreased by 5 percent to .0829 per $ 100.00 of insured value. Although the insured values have increased by approximately $ 6,632,457, the premium has decreased by $ 2,145 or 1.42 percent less than the 2007 premium. The increase in values is due to an overall inflationary increase of three percent and the addition of various minor properties in 2007.The deductible for this coverage is $ 25,000. -4- 2. AUTOMOBILE: The premium for this coverage has increased by $ 3,600 or 1.30 percent more than the 2007 premium. With the cap on soft tissue injury amounts, the new A -1 Direct Compensation coverage, and our $ 2,500 Deductible, the numbers of claims being presented to our insurers have decreased substantially. The number of vehicles rose from 379 to 382 and the rating structure used by our insurers is based on the type of vehicle. The rate for each type of vehicle remained unchanged. The numbers of vehicles will be reviewed just prior to January 1, 2008.The actual premium may rise or fall slightly depending of the number of vehicle acquisitions or removals from the quotation list sent out in October. The Deductible for this coverage is $ 2,500. 3. PUBLIC LIABILITY: The premium for this coverage was unchanged for the 2008 renewal. The numbers of claims being presented to the insurers has been substantially reduced because of our in -house claims program. The deductible for this coverage is $ 25,000. 4. ERRORS & OMISSIONS: The premium for this coverage was unchanged for the 2008 renewal. This type of coverage is a more specialized coverage and generally follows General Liability trends. The deductible for this coverage is $ 10,000. 5. ALL OTHER COVERAGE: The premium for coverage including Excess Liability, Environmental Liability, Boiler, Computer, and Crime coverage, has decreased by $ 240 or 0.28 percent less than the 2007 premium. "Other Coverage" is provided in conjunction with, and, as an enhancement to, our major coverage. Their premiums will generally correspond to the rise and fall of our major coverage premiums. -5- INPUT FROM OTHERS: Our Broker has approached the St. Paul Fire and Marine Insurance Company in an attempt to get some reduction in the 2008 premium. Based on the our improving loss ratio, the City's pro- active approach to reducing the risk of claims, (Sidewalk Inspection Policy.), and the continuing in -house claims handling procedure used by the City, the Insurers have for the most part allowed a no change renewal. Our Broker has also approached several other markets that declined to provide a quote either due to class or the need for much higher deductibles. They also advise that the 2008 premium being offered by our present insurer is the best value in their market place at this time. RECOMMENDATION: It is recommended that Council accepts the insurance package offered by AON Reed Stenhouse Inc, and approves payments as follow: AON Reed Stenhouse Inc. $ 859,663 Consisting of Insurance Premiums of $ 814,663 Agreed Agency Fee of 45,000 Total Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager $ 859,663 J. Emery LeBlanc, CIP Insurance & Claims Officer SCHEDULE "A" PROPERTY (ALL RISK) INSURANCE: 2006 Values Insured: 163,802,031 Premiums: 158,889 2007 2008 173,708,631 180,341,088 151,648 149,503 Percentage Increase: 37.34% (4.77%) (1.45 (Decrease) The increase, in values, is approximately $6,632,457. This consists of an overall three (3) percent inflationary increase to most items. There have also been a couple of minor additions and deletions to the 2008 schedule. Other items that are included as part of our Property Schedule: Fine Arts, Extra Expense, Valuable Papers, Accounts Receivable, Watercraft Floater, Survey and Equipment Floater, and other minor benefit coverage. J. Emery LeBlanc, CIP Insurance & Claims Officer SCHEDULE "B" AUTOMOBILE FLEET INSURANCE: 2006 2007 Coverage Limits: 5,000,000* 5,000,000 Deductible Amount: 2,500 2,500 Premiums: 325,150 277,110 Percentage Increase: 17.66% (8.52) % (Decrease) * Excess policy for $5,000,000 brings coverage to 10,000,000. 2008 5,000,000 2,500 280,710 1.30% The number of vehicles listed for the 2008 quotation is 382.This is up by three (3) vehicles over the 2007 initial quote listing. An up -to -date list of vehicles will be provided in January and the premium will be adjusted accordingly depending on the actual number of vehicles. An adjustment will be done each year. We will provide the number of vehicles added or removed from the fleet throughout the year and 50 percent of the charge for that particular type of vehicle will be charged or refunded as appropriate. (NBEF # 21B) The numbers of claims and the annual loss ratios have been dropping over the last three years and with the Soft Tissue Cap and the No Fault Property Damage Legislation passed by the Province, the number of claims should continue to be reduced. This of course should result in a lower loss ratio for the City and a continued hope for future premium reductions. J Emery LeBlanc, CIP Insurance & Claims Officer SCHEDULE "C" PUBLIC LIABILITY INSURANCE: 2006 2007 2008 Coverage Limits: 5,000,000 * 5,000,000 * 5,000,000 x Deductible Amount: 25,000 25,000 25,000 Premiums: 286,306 257,675 257,675 Percentage Increase: (44.35%) (11.11 %) 0.00% (Decrease) * Excess policy for $5,000,000 brings coverage to 10,000,000. Reduced claims over the last few years and the continued efforts by the City to be pro - active in reducing the number and severity of claims through such policies as the Sidewalk Inspection Policy has been noticed by our Broker and our Insurers. With continued improvement on the loss ratio for this coverage we hope to avoid Liability premium increases in the future. J. Emery LeBlanc, CIP Insurance & Claims Officer M & C — 2007 -397 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Request to Withdraw Rezoning Application 298 Westmorland Road On December 3, 2007, Common Council referred the above noted application to the Planning Advisory Committee and scheduled a public hearing for Monday, January 7, 2008. The attached letter from the applicant has been received, requesting that the application be withdrawn. It is recommended that Council agree to this request and cancel the public hearing. RECOMMENDATION: That Common Council consent to the requested withdrawal of Sheri Israel's application to rezone the property at 298 Westmorland Road, and that the public hearing scheduled for Monday, January 7, 2008 at 7:00 p.m. in the Council Chamber be cancelled. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Attachment Project No. 07 -448 Terrence Totten, F.C.A. City Manager Dec 11 07 02:42p 506 - 652 -8942 pal December 11, 2007 Randy Pollock Planning & Development P.O Box 1971 Saint John, NB E2L 4L1 Re: Rezoning for 298 Westmorland Road Dear Randy, RECEIVED DEC 17. 2007 DO hL O '' SAV; R At this time, Ms. Beatrice Latour and I have decided to withdraw the application for rezoning 298 Westmorland Road to a B2 Commercial zone. I thank you for your time and information. venture for us. Merry Christmas, However, it does not seem to be a feasible Sheri Israel Heavenly Gowns Bridal Boutique & Formal Wear 230 Thorne Ave Saint John, NB E2J 1W9 M & C — 2007 -386 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition PID 37333 -119 Union Street As Council is aware, The City of Saint John is attempting to secure a variety of land and buildings in and around the proposed Police /Justice Complex. Staff, with the approval of Council, has engaged the support of an outside firm to aid in the acquisition of several of the desired parcels. The attached Offer to Purchase, executed by the vendor, provides the City the opportunity to secure the fee simple interest in 119 Union Street. The agreed upon prices of $218,000.00 is slightly more than the appraised value, however the appraisal work was based on a curb -side visit and data analysis, no internal viewing of the premises. Time sensitivity and the desire to secure the valuation quietly did not permit an exhaustive investigation of the improvements. Having said this, staff are confident that the purchase price is less than the costs that would be incurred should the City pursue the only other method of acquisition available i.e. expropriation. The purpose of this report is to secure Council's approval to purchase the land and improvements located at 119 Union Street, PID 37333. As indicated to Council with respect to the purchase of 117 Union Street, the transfer will be concluded utilizing the staff of the City Solicitor's Office. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in PID No. 37333 from Liu Yunqin under the terms and conditions contained in the Agreement of Purchase & Sale attached to M &C 2007 — 386. Respectfully submitted, Jim R. Baird, MCIP Terrance L. Totten, F.C.A. Commissioner City Manager Planning and Development lli"I /4vu1 ii:uc rna Ncm 28. 20(i r 2; 03PM OFFER TO PURCHASE No. 2086 P. THIS OFFER TO PURCHASE made this 281b day of November, 20074 BETWLEN: LI002 2 INVESTMENT SECURITIES LIMITED, solely in its capacity as nominee for The City of Saint John (hereinafter called the "Purchaser ") Of the First part and - LVU YUNQW, of the City of Saint John, in the County of Saint John, in the Province of New Brunswick (hereinafter called the "Vendor ") Of the Second Part W14EREAS the Vendor owns certain Lands and Premises located in the City of Saint John, in the County of Saint John., in the Province of New Brccnswick, identified by Service New Brunswick as PTT) Number 37335 and located at 119 Union Street (the "Property "), WITNESSETH; 14 Subject to the terms acrid conditions hereof, the Purchaser hereby offers to purchase the Property, including all appurtenances, frown, the Vendor for a purchase price of Two Hundred and Eighteen Thousand Dollars ($218,000600) (the "Purchase Price ") payable as follows: the sum of One Thousand Dollars ($1,000.00), payable upon receipt of the approval set oLit in paragraph 7 below, by way of a ck7eque as a deposit (the "Deposit") to be held by the Vendor's solicitors, in trust, purs -cant to the terms and conditions hereof and to be applicd on account of the purchase Price at the time of closing; and (b) the sum of Two Hundred and Seventeen Thousand Dollars ($217,000,00), being the balaiiec of the Purchase Price, by way of certified cheque on the Closing Date (as hereinafter defined) subject to the adjustments referred to in paragraph 5 hereof. if this agrc:elncnt is terminated as a result e deposit, together with all interest thereon, liquidated damages and not as a penalty satisfaction of ally claim which the Vendor hereurider. 59;114.1 f a default by the Purchaser, the shall be paid to the Vendor as and shall be a full and final may have against the Purchaser 11 /4a /zUU1 ir:uz rAA .N ov, 23, 2007 2:03PM No, 2086 P - 2 - 21 (a) This offer shall be open for acceptance by the Vendor until 4:00 o'block in the afternoon (Saint John time) on December S. 2007 and upon acceptance by the Vendor shall constitute a binding agreement of purchase and sale for the purchase and sale of the Property, subject to the terms and conditions herein contained. (b) Acceptance of this offer shall be effected by purchaser's solicitor at the address specified in paragraph time specified above of a duplicate copy of this offer executA 3, If the sale is subject to Harmonized Sales Tax (HSI), addition to the Purchase Price, If this transaction is not Vendor agrees to provide on or before closing, a, certificate is not. subject to HST, Laos 3 the delivery to the 14 hereof within the yd by the Vendor, such tax shall be in subject to HST, the that the transaction 4, The closing of the transaction of the purchase and sale of the Property shall be held at the offices of the Vendor's solicitor at the hour of 2:00 p.m. (Saint John time) on September 30, 2008 (the "Closing Date ") or at such earlier time or elate and time as the parties hereto or their respective solicitors shall mutually agree upon in wilting. 54 '1'l;le pol1rch.ase price for the Property shall be paid at closing on the Clos,11g Date, subject to usual adjustments, including but not limited to real property taxies and local improvement charges and shall be adjusted as of the Closing Date, The Deposit shall be credited to the Purchase Price. b, The Vendor shall be allowed Thirty (30) days from the date of the approval of Con"Imon Council for The ' City' of Saint John, as set out in paragraph 7 below, to investigate, at its own expense, the title of the Property and upon the expuA.tion of that date, unless notice is received as herein provid'd, it shall be deemed to have accepted the title, If, prior to the expiration of Thirty (30) days, the Purchaser shall furnish the Vendor with any written objection to the title which the Vendor may be unable or unwilling to rc:rrtove within fifteen (15) days from receipt thereof, the Purchaser may, n.otwithstandiilg any intermediate negotiations with respect thereto or attempt to remavu any ot)jectiorl or comply with any regulation, cancel this agreement by m5dce to tho Vendor and the Vendor shall not be liable for any loss or expense to which the Purchaser may have been put with the exception that the Vendor shall r_ef ind the Deposit without interest. 76 Notwithstanding anything contadned herein, the obligation of the 1'urcllaser to cornpletc the purchase of the Property is Conditional upon recelviing tho approval of Cornnion Council for The City of Saint John on or br.furt Jarilawy 16, 2008. If such approval is not received, this offer .and agrecment shall become null and void and the parties hereto waive, release and forever discharge each other with respect to any and all rights, elaims and obligations arising, with respect to or under this offer and agreement. i f i lii4vi9UV1 ir:ud rAA 18004 Ncv.23, 2(i 2,0;PM No. 2086 P. 4 -3 V ci hall fortt4%,F h deliver to the Purchaser as may be in the $ , The en oz s possession of the Vendor or under the control of the Vendor, all survey plans, subdivision plans axed title searches regarding the Property. 91 The title of the Property shall be good and tree from all encumbrances except as to any registered restrictive covenants and municipal try -laws or other governmental enactments, providing they are complied with and which do not materially affect the marketability of the Property, 10, The Vendor will discharge any outstanding mortgages, judgments or liens that are registered against the Property as at the closing on the Closing Date. 11, The Property shall remain at the risk of the Vendor until closing on the Closing Date. 125 The Vender shall terminate all leases of the Property and vacant possession shall be given to the Purchaser at closing on the Closing Date. 13. The rights and benefits of the Purchaser herein and hereunder are assignable to The City of Saint John or its nominee. Upon such assignment, this offer and the agreement and all their provisions shall enure to the benefit of and be binding tiYpon such assignee and investment Securities Limited shall be released of any obligation pursuant to this offer and the agreement. 14. The Purchaser's solicitors are: Stewart McKelvey Suite 1000, 44 Chiprr PO Box 7289, Station Saint John, NB E2L Attention: Jaynes D, Telephone: 506 -632- The Vender's solicitors are: pan Dill A 4S6 Murphy 1970 Facsimile: 506 -634 -3573 mosher Chedore The Red Rose Tea Building 12 Smythe Street, 5th floor Saint John, NR E2L 505 Attention: Brian W. Mosher Telephone; 506- 634 -1600 Facsimile: 506w634 -0740 15. Oripu: shall in all respcces be of the essence hereof. 16. This offer a-nd the agreement shall be governed ire accordance with the laws of tht_ Province of New Brunswick. 11/ AV/ GUU I I I UJ rt►a • r "u No. 2086 -4- Wi 005 P. 5 174 This offer and the agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHTH REOF Investment Securities Limited has executed this offer to purchase as of the clay and year first above written. Per: Per: The Vendor accepts the above offer by executing thi�s agmement this day of av ur' , 20076 ytio t I / Liu YungJn I i M &C- 2007 -388 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates and Authorization of Application 230 Water Street /243 Prince William Street and 917 Fairville Boulevard 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 hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys & 230 Water Street/ 243 " RM -1" & "TD" To permit a Consultants Inc. (for Prince William Street "T" mixed commer- Ellerdale Investments cial /residential Ltd.) development Plazacorp Property 917 Fairville Boulevard "I -3" "SC" To permit the Holdings Inc. and adjoining City land first phase of a shopping centre With respect to the application of Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.), Council will note that a proposed Municipal Plan amendment for the same land, which had been initiated by Council on October 22, 2007 in anticipation of the rezoning application, is the subject of a separate report from the Common Clerk Report to Common Council Page 2. reporting on the results of the thirty -day initial objection period. The public hearing for the rezoning and Municipal Plan amendment can be scheduled for the same date. Common Council, at its April 23, 2007 meeting, authorized Ellerdale Investments Ltd. to apply for the rezoning of this City -owned land. With respect to the application of Plazacorp Property Holdings Inc., on December 3, 2007, Common Council authorized the execution of a purchase agreement between the City and Plazacorp for the City -owned portion of the subject site. It is now recommended that Council authorize Plazacorp to apply for rezoning of the land. RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. on behalf of Ellerdale Investments Ltd. (230 Water Street /243 Prince William Street), and Plazacorp Property Holdings Inc. (917 Fairville Boulevard and adjacent City -owned land) for Monday, January 21, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 2. That Common Council authorize Plazacorp Property Holdings Inc. to apply for rezoning of the City -owned land adjacent to the property at 917 Fairville Boulevard, being PID numbers 00427526, a portion of 55107494 and the former Emco Lane. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager M & C — 2007 -385 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Portion of City Land (formerly Constance Street) To 051679 NB Inc. In March of 2007, Common Council stopped -up and closed an undeveloped street right -of -way, known as Constance Street (see attached plan). This right -of -way was approximately 18.9 metres in width and 56 metres in length. Over the past number of years, there have been other portions of this right -of -way that had bee stopped up and closed and subsequently sold to adjoining property owners. The portion of Constance Street that was closed earlier this year was the last remaining portion of this former right -of -way. The neighbourhood has matured in such a manner that this right -of -way was considered no longer necessary. As is standard, Real Estate Services has offered portions of the stopped -up and closed right -of -way to the three adjoining neighbours for a specified unit rate and an equal share of the advertising and survey costs, subject to Council's approval. Real Estate Services has negotiated with 051679 NB Inc., adjoining owner of the property located on the eastern side of the former Constance Street for approximately 238 square metres ± (2,565 square feet). The recommendation contained below has incorporated a sale price that includes costs associated with the required survey work and advertising for the street closure. The other two remaining portions of the former right -of -way have been offered to the respective adjoining property owners. A report for these parcels will be presented to Council for their consideration once agreements have been reached. RECOMMENDATION: 1. That The City of Saint John sells its fee simple absolute interest in a portion of PID 55185706, identified on an attached plan of subdivision as Parcel `B ", to 051679 NB Inc. for $2,161.00 plus HST (if applicable) on or before February 29, 2008. 2. That The City of Saint John prepare any subdivision plan required for conveyance purposes. 3. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner, Planning and Development Terrence Totten, F.C.A. City Manager *WC, 1 ro n Q ' 10 ar a,> ce S M wr. 117 11 -Fo irrn e r Undeveloped Street Right -of -Way (Constance Street) 201 L; �WIL1m■ JT I I�IAb 192 I Ise 89 212 ` 16 0� 222 �`. 2,0 >o � V` (v 1e :oe 2, lx1 1x1 169 W 165 1x1 189 t5x 18 rue Visart St. ,ex txe n� ,a u6 u� 60 ,50 198 1x9 196 Description of Plan: Proposal to Stop -up and close an undeveloped street right -of -way (Constance Street),, N PID: JV /A Pan: N/A Address: Constance Street (undeveloped) Date: July 25, 2006 a J b ONE \ N O lk 04 0 GI v 0 y. • ` A V / _ 'S / v 0 cD C5 0 an (D 0 0 CL 0 C/) v c 0 mn 0 0 a In _r 3 CL 00 0 CY CD 0 0 C (D Q .•. 0 0 Cn w co z 0 x 0 CD v CD o :3 D , am G) Q v 0 O CL (D r 0 o c � ,< 0 m v Q- � ' O I . ..P m PIL 0) PIL I 0" mcuc�m pc�ooD W U7 N N oo.p.ww 11 0) oD OD 3333 M N 3 " N N N N 1+ A U1 N N mA m 0) 0) 00 cn o cn cn ;:E = =;:E ONE \ N O lk 04 0 GI v 0 y. • ` A V / _ 'S / v 0 cD C5 0 an (D 0 0 CL 0 C/) v c 0 mn 0 0 a In _r 3 CL 00 0 CY CD 0 0 C (D Q .•. 0 0 Cn w co z 0 x 0 CD v CD o :3 D , am G) Q v 0 O CL (D r 0 o c � ,< 0 m v Q- � ' O I . ..P m PIL 0) PIL I M &C- 2007 -390 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Pipeline- Amended TWR Agreement Rockwood Park BACKGROUND: On July 16 & 17 of 2007 Common Council resolved to enter into "Temporary Working Room Contracts" with Emera over a number of City owned PIDs, one of which was PID 52548; Rockwood Park. It turns out that the Temporary Working Room Contract sketch for Rockwood Park, which was signed by the City following this July resolution, had not yest received final Provincial Department of Environment approval (which approval was required because Emera will be doing work within 30 meters of water courses), nor did it contemplate the need for rock storage. Emera has since submitted a revised Temporary Working Room Agreement for Rockwood Park, which is attached to this report, and which in intended to replace the one which was previously signed by the City, and which reflects the necessary changes to meet the Department of Environment's requirements and the rock storage requirement during construction. The Horticultural Association is in agreement. That The City of Saint John enter into a "Temporary Working Room Contract" Agreement with Emera Brunswick Pipeline Company Ltd. for PID 52548 in the form and upon the terms and conditions attached to this report (M &C # 2007- 390) 2. That the Mayor and Common Clerk be authorized to execute the Temporary Working Room Contracts. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development PID # 00052548 File # SJ= 702/704 TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made the day of , 2007 BETWEEN. CITY OF SAINT JOHN P. O. Box 1971 Saint John, NB E2L 4L1 (the "Owner ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "EBPC ") OF THE SECOND PART AND: SAINT JOHN HORTICULTURAL ASSOCIATION PO BOX 535 SAINT JOHN NB E2L 3Z8 OF THE THIRD PART WHEREAS. A. The Owner is the registered owner of lands situate in the Province of New Brunswick known as PID# 00052548 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. C. The Legislative Assembly of the Province of New Brunswick, did, on the 30th day of May, 2007, enact "An Act to Authorize an Easement Through Certain Lands in the City of Saint John for Natural Gas Pipeline Purposes' a copy of which Act is attached hereto as Schedule "E". 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 Forty 36/100 Dollars ($40.36) 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 shall 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. W7. 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. 79 All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or I uch 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 E2L 4L1 Phone: 506- 649-6000 Fax: 506- 632-6120 Emera Brunswick Pipeline Company Ltd.: Attention: Address: 40 Wellington Row 2nd Floor Saint John NB E2L 3H3 Phone: 506- 693-6770 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 licensee(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, AND FURTHER WITNESSETH than in consideration of the further sum of One Dollar ($1.00) of lawful money of Canada now paid by each of the parties to the other and other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the Association joins in this Agreement for the purposes of complying with the Legislation hereinbefore third recited, and attached hereto as Schedule "E ". The parties have signed this agreement under seal on the , 2007, in Saint John, New Brunswick. WITNESS WITNESS WITNESSED. WITNESS CITY OF SAINT JOHN PER: PER: day of SAINT JOHN HORTICULTURAL ASSOCIATION PER: IAN STEAD, PRESIDENT PER: BRENDA FARREN SECRETARY EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: EBPC SCHEDULE "A" ALL DIMENSIONS ARE IN METRES, OWNER: CITY OF SAINT JOHN PID: 00052548 APPROXIMATE AREA OF PERMANENT EASEMENT: 101084 ha* (24.9783 Acree*) WIDTH OF PERMANENT EASEMENT: VARIES APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 3364m* (110370*) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 2.8172 hat ( 6.9613 Acree *) Hm THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PID I.EGENQ PARCEL IDENTIFIER — PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON - - "` -- ADJACENT PROPERTY PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE NO. DESCRIPTION DATE EMERA d BRUNSWICK PIPELINE",( COMPANY LTD. ` • 7 �- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00052548 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 SCALE 1:20000 PROJECT NO. DRAWN V.J.D. CHECKED PREPARED BY APPROVED DPCI�I�� PS -16.0- 00052548 Layout Name 16.0 Dole Oro 11, 2007 - 6:07pm DOmmt PMtod ex t i 13 • � ti DILL 35 Ala Act to Authorize an R Through Certain Lands City of Saint John for Nate Pipeline Purposes Assented St.HIEWLE "E" t' No 6. rJmmixi ' az 14V1 bs ;ement Loi autoris$nt Is consentement The d'une'servitude sur des terrains de is 1 teas citd 4,ppelBe The laity of Salut John pour les b"soins dull gazodue May 30. 2007 Sancttonn a It 30 m412007 WHEREAS The C,'ity of Saint John aid the Saint John ATIBNUU (SUE la ite appelu0 The City of Saint john Horticultural Association pray that it be' naeted as here. et la Saba J 'hn Ho tleultumt Association solflcitent inafter set forth; I 1'6diction des dispositions qui suivent; THEREFORL, Her Majesty, by and with the advice and consent of the Legislative Assembly of Ncw Brunswick enacts as follows: 1 Notwithstanding anything contained in the Acts of the Legislative Assembly of New Brunswick concerning the lands previously vatted in the Saint Yo Hortlooltural Association and conveyed to The City of ain't john by the said Horticultural Association in a heed dated March 20, 1967 and registered in the SaintJohn Co ty Registry Of- fice on April 14, 1967 in Book 564�t Page 323 as No. 210666, The City of Saint John, wi the aonsrnt of the Saint John Horticultural Association, 's hereby autho- j rized and empowered to grant ot% time o y, an Easement in a portion of the satd lands for the purpo es of construct- ing, maintaining, replacibg aiid operati g a natural gas pipeline together with associated equipm nt and facilities and such rights as arc an illaty thereto vided that the grantee has been issued 4 Certificate P" ant to section 52 of slit: Natta=1 k'neW .8vard Act, i S. 398,% c. N -7 with respect to an application submitted• to the National Energy Board on the 23rd day of May, 006, by Emera Brunswick Pipeline Company,Ltd. i A CES CIWSES, Sa Majost6, sur Favis et du consen- winont do j'A.t s=bldc lrgislutivc du Nuuveusu- Blnnswicic, docrbte I Nonobstant toute disposition des lois de I'Assembl6o 16gislative du Nouveau - Brunswick relative a des terrains quo Ia Saint John Horticultural A.ccociation a trsnrf &Jn Jr In. cit6 appol6o Tho City of Saint John au moyen d'un acte de transfers data du 20 mars 1967 et enregistr6 au bureau d' enrogistremFnt du comt6 de Saint John le 14 avril 1967 h la page 323 du livm 564 (no 210666), la cW, du consen- tP.wntlt de la Saint Johri Horticsilmral Argnciatinn, pat ha. bilit6e A oonsdntir, une fois seulement, aux fins do la coas- truction, de 1'entre4en, du remplacoment , of de 14 exploitation d'un gtuaduc nictsi clue dn; 6quiptxnnvty tat installations ylaff6rmnts, uno servitude sur une portioli des terrains visds at tous croits y accessoires, pourvu qu'un certifieat ait i td 6mis u bdndficiaire de la servitude en vertu de Part cle 52 de la %t sur 10gf`ice narlonal de V6nergic, L. t C. 1985 c. N- ?, en cc qui a trait A une do- mando soumise it l'off. cc national de 1'6nargie le 23 mai 2006 par Erne a Brunswick Pipeline Company Ltd. M & C 2007 -387 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Emera Brunswick Pipeline Co. Ltd. - Permanent Access Agreement J►117 In July of this year, Council authorized the Mayor and Common Clerk to execute Options for Easements for City owned properties which are being crossed by the Emera Brunswick pipeline. These easement documents focus on defining the rights and obligations of both parties regarding the installation and operation of a gas pipeline across such properties. Staff had identified an issue with respect to the easement documents as they provided Emera unlimited access points to their easements. The City did not dispute this right in the case of an emergency, however for regular inspection or maintenance, the City hoped to define the access points. Attached is the "Permanent Access Agreement" as negotiated by staff, pursuant to Clause 2(d) of the City - Emera Easement Agreements, which defines the various points of access, afforded the Emera Brunswick Pipeline Company Ltd. The purpose of this report is to secure Council's consent to enter in the attached Permanent Access Agreement. 1.1 01:41110 ArMII 171.111 [l7e� That The City of Saint John enter into the "Permanent Access Agreement" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as attached to this M &C 2007 -387, and further 2. That the Mayor and Common Clerk be authorized to execute the Permanent Access Agreement. Respectfully submitted, Jim Baird, MCIP Commissioner, Planning and Development Terrance L. Totten, F.C.A. City Manager PERMANENT ACCESS AGREEMENT (NEW BRUNSWICK) THIS PERMANENT ACCESS AGREEMENT 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 "City") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "Emera") OF THE SECOND PART AND: SAINT JOHN HORTICULTURAL ASSOCIATION OF THE THIRD PART WHEREAS: A. Emera is in the business of natural gas pipeline construction, operation, transmission and distribution and is intending to construct a natural gas pipeline known as the "Brunswick Pipeline", a portion of which will be located within the City; Be The City and Emera have entered into various Option for Easement Agreements (the "Easement Agreements ") encumbering lands which the City is the registered owner as more particularly described in Schedule "A" of the Easement Agreements; C. Pursuant to clause 2(d) of the Easement Agreements, the City and Emera have agreed to define specific access points to and from the Easement Lands by way of a "Permanent Access Agreement". D. The Legislative Assembly of the Province of New Brunswick did, on the 30th day of May, 2007, enact "An Act to Authorize an Easement Through Certain Lands in The City of Saint John for Natural Gas Pipeline Purposes a copy of which Act is attached hereto as Schedule "E ". NOW THEREFORE in consideration of these premises and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Emera do hereby agree as follows: 1. The specific access points to and from the easement lands of the City pursuant to clause 2(d) of the Easement Agreements shall be as set out in Schedule "A" attached hereto; 2. This Permanent Access Agreement shall enure to the benefit of and be binding on the respective successors and assigns of the parties. AND FURTHER WITNESSETH that in consideration of the further sum of One Dollar ($1.00) of lawful money of Canada now paid by each of the parties to the other, and other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the Association joins in this Agreement for the purposes of complying with the Legislation hereinbefore fourth recited, and attached hereto as Schedule "E ", as it relates to item 1 in Schedule "A" only. 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. Witness Witness Witness Witness witness Witness THE CITY OF SAINT JOHN PER: NORMAN MCFARLANE, MAYOR PER: PATRICK WOODS, COMMON CLERK SAINT JOHN HORTICULTURAL ASSOCIATION PER: PER: IAN STEAD, PRESIDENT BRENDA FARREN SECRETARY EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: PER: SCHEDULE "A" EMERA BRUNSWICK PIPELINE ACCESS POINTS TO CITY OWNED PROPERTIES 1. PID 52548 (Rockwood Park) — access over any existing or future road or vehicle usable trail that touches upon Emera's easement. 2. PID 411884 (Rockwood Park) — access off of Samuel Davis Drive, 3. PID 55018790 (Rockwood Park) — access off of Samuel David Drive, 4. PID 415208 — access from Bridge Street or Spar Cove Road, through Emera's easement onto PID 415208. 5. PID 40238 access off of Spar Cove Road. 6. PID 40246 — access off of Spar Cove Road, 7, PID 40261 access off of Bridge Street, 8. PID 305433 - Access off of Green Head Road 9. PID 55017719 — access off of Green Head Road 10. PID 35931 — access off of Green Head Road 110 PID 32599 — access off of Gifford Road 12, PID 464883 — access from the intersection of the western side of Green Head Road with the southwestern sideline of PID 464883, on a line at right angles to the western sideline of Green Head Road to the western sideline of PID 464883 13. PID 407866 — access from the public street located on the northeasterly side of PID 407866 where Emera's easement intersects' the said public street I 14. PID 408815 - access from what is known as the "Pipeline Road West ", said Pipeline Road West to be accessed from Downsview drive (at the intersection of Pipeline Road West and Downsview Drive) 15. PID 286559, (on the south side of Highway No. 1) - access from the King William Road over the Emera Easements to the eastern sideline of PID 286559 16. PID 286559 (on the north side of Highway No. 1) - access from the access road north of Highway No. 1, which access road is accessed from the Prince of Wales Exit 170 PID 429670 — access from Emera's easement at the intersection with the eastern sideline of PID 429670 following said easement across PID 429670 to western sideline 18. PID 274456 — access from the access road north of Highway No. 1, which access road is accessed from the Prince of Wales Exit, 19. PID 55024921 — access from Rothesay Avenue through Emera's easement onto PID 55024921 le sir Y SC14EbULE "E" F DILL 55 I Any Act to Authorize an Easement Through Certain Lands The City of Saiiat John for Natwrai Gas Pipeline Purposes Assented 'Io May 30, 2007 WE PROJET DE LOX 55 Lol autorisant Is consentement d'une'servitude sur des terrains de la cit6 4ppelce The City, of Salut John potur les bgsoins d' um gazodue SanctionnGe le 30 Mal 2007 WHEREAS The City of Saint John arqd the Saint John ATI ENDJ (SUE la �it6 appeldo The City of Saint John Horticultural Association pray that it be' nacted as here- et Ia Saint John Horticultural Association soilicitent inafter set forth; I I'Mietion des dispositions qui suivente, THEREFORL, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick enacts as follows: 1 Notwithstanding anything contained in the Acts of the Legislative Assembly of New Brunswick concerning the Lando previously vaated in tho Saint Yo n Hbrtioulturw Association and conveyed to Tho City of Saint John by the said Horticultural Association in a Deed dated March 20, 1967 and registered in the Saint John Cou ty Registry Of- fice on April 14, 1967 in Book 564 t Page 323 as No. 210666, The City of Saint John, wit the consent of the Saint John Horticultural Association, s hereby autho- rized and empowered to grant 01% time oily, an Basement in a portion of the said lands for the purpc ;es of construct- ing, maintaining, replacing tjild oporatli g a natural gas pipeline together with associated e4uxpm ont and facilities and such rights as arc ancillary thereto I royided that the grantee has been issued 9 Certificate pu suant to section 52 of 111C Nudunul Eitergj, Huard Art, R S. 3985, c. N -7 with respect to an application submittedsto the National Energy Board on the 231d day of May, 006, by Ernera Brunswick Pipeline Company.Ltd. , A CES CAUSES, Sa Majost6, sur Pavis et du conselt- tetntnt de l'Assembldc 1GgislativG du Nuuvt=u- Brunswick, docr6te X Nonobstant route disposition des Lois de I'Assombl& 16gislative do Nouveau - Brunswick relative a des terrains qua Js. Saint John horticultural Association a trsnsffi4s 3 la cit6 appel6e The City of Saint John au moyen d'un acre de transfert dau: du 20 mars 1967 et enregistr6 au bureau d'enregistrem0t du comt6 de Saint John le 14 avnl 1967 A la page 323 go livre 564 (no 210666), la cit6, du oonson- temlant da: la Saint John Hortirnlhlral Arrnciafinn, sst ha- bilit6e a consentir, one foss seulement, aux fans do la coas- tructioq, dc; Yentrc#on, du remplacement , et de 14exploitationId'un guzvduc Idog clue dt?s t',quipcxxwws cL installations y!aff6rents, una servitude sur one portion des terrains vis6s pt tous oats Y accessoires, pourvu qu'un certificat sit Ii t6 6mie iul bdn6fleiaire de la servitude on vertu de Ilan cie 32 de la Lol Sur l'Of`ice natlonal de CEnergie, L. ',C. 1985 c. N -7, on cc qui a tiait a uno dr- mand5 soumhe a l'ofgce national 'de 316nergie it 23 mai 2006 par Emera Brunswick Pipeline Company Iad. M & C 2007 -396 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Emera Brunswick Pipeline Co. Ltd. - Easement Agreement off Proud Road RUN \ El In July of this year, Council authorized the Mayor and Common Clerk to execute Options for Easements for City owned properties which are being crossed by the Emera Brunswick pipeline. These easement documents focus on defining the rights and obligations of both parties regarding the installation and operation of a gas pipeline across such properties. At the time Emera was negotiating its Options for Easement with the various concerned owners, the owner of PID 55188460, which is one of the properties over which their pipeline will cross, was the Federal Government, and they never committed to grant Emera its Option as it was in the middle of conveying said property to the City of Saint John. The City has since acquired ownership of this parcel and will be vesting a portion of it to become a public street. Emera crosses this parcel in a location where it will not be made into a public street. Therefore, in order for Emera to cross at the proposed location, they require an Option for Easement. Emera has submitted for review, approval and execution an Option for Easement for PID Number 55188460, which is currently owned by the City. This Option for Easement, like the others the City granted to Emera in July 2007, seeks 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 30 meters in perpendicular width across PID 55188460, together with the right to construct, maintain, and operate any above ground valves, meters and other appliances and fitting devices for controlling corrosion, related communications systems, all for use in connection with the pipeline for the transmission of natural gas. Attached to this report is the said Option with attached sketch showing the proposed location of the Easement. Staff has negotiated with Emera representatives and reviewed the desired easement and is satisfied with the consideration as well as the format of the document which is to convey the necessary interests. The purpose of this report is to seek Council's support to grant Emera the rights they seek to facilitate the construction of their pipeline." 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 -396) for property having PID number 55188460. 2. That the Mayor and Common Clerk be authorized to execute the Option for Easement Agreement." Respectfully submitted, Jim Baird, MCIP Commissioner, Planning and Development Terrance L. Totten, F.C.A. City Manager OPTION FOR EASEMENT THIS AGREEMENT made the day of BETWEEN. File No. 616 NB PID 55188460 , 2007 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, 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 transmission 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 Six Hundred Nienty 75/100 ($690.75)) of lawful money of Canada, subject to adjustment, at the rate of Four Thousand Five Hundred 00/100 ($4,500.00) per acre or Eleven Thousand One Hundred Fifteen 001100 ($11,115.00) 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) Sixty Nine 08/100 ($69.08) 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; a further deposit of Three Hundred Forty Five 38/100 ($34538) 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. (3) r 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) Eighty Eight 07/100 /100 Dollars ($88.07) 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; the balance of the Purchase Price shall be paid by the Grantee to the Grantor by annual payments of Eighty Eight 07/100 Dollars ($88.07) 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. W7. 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 31 St 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) 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. 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: THE CITY OF SAINT JOHN PER: NORMAN MCFARLANE, MAYOR PER: PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: GRANTEE PER: (10) GRANTEE h�• l� V � } SCHEDULE "All ALL that certain lot. piece. or parcel of land identified, described and shown as "Parcel: N" on ll ftb�Divisi�on Plan for Access Road and Radar Site Required by 17epartmeAt of Transport at Red Bead, City of Saint John, Province of New Brunswick ";.prepared by D..E. Black, N.B.L.S., dated January 11, .19.74., ;approved by the. Develgpmerxt Officer and. the Director.of .Surveys on February 14, 1974 and filed in the. Office of the Registrar of Deeds in and for the .Cdunty.of saint John on February 15, 1974 under Number D7, No. 62• Reserving unto the Grantors, their heirs and assigns, the right to use the said lands in common with all others lawfully entitled to the use thereof, upon and subject to the terms and conditions of a certain grant of easement from Her Majesty the Queen in right of Canada to the estate of Teman T • Thompson over the access road which includes the lands hereby conveyed. . I SCHEDULE "All ALL that certain lot. piece. or parcel of land identified, described and shown as "Parcel: N" on ll ftb�Divisi�on Plan for Access Road and Radar Site Required by 17epartmeAt of Transport at Red Bead, City of Saint John, Province of New Brunswick ";.prepared by D..E. Black, N.B.L.S., dated January 11, .19.74., ;approved by the. Develgpmerxt Officer and. the Director.of .Surveys on February 14, 1974 and filed in the. Office of the Registrar of Deeds in and for the .Cdunty.of saint John on February 15, 1974 under Number D7, No. 62• Reserving unto the Grantors, their heirs and assigns, the right to use the said lands in common with all others lawfully entitled to the use thereof, upon and subject to the terms and conditions of a certain grant of easement from Her Majesty the Queen in right of Canada to the estate of Teman T • Thompson over the access road which includes the lands hereby conveyed. . LI I LI r 0 r` a� 00 I 0 0 0 N (D r O z O O LO M N E 0 z 0 0 J 5 M N C vi LriN sY N o_ Y 1 N i r 0 v 0 d N L U w N Y T Q) C 0 0 n. rn a z z M It 0 n m 0 0 0 0 i F- u LLJ 0 ui E 0 c m i� C w U O 0 NORTH e11 \s �Pb qp PID 55188460 CITY OF SAINT JOHN PID 55179543 CANAPORT LTD a 1 1 I I I / PID 55179543 / CANAPORT LTD / / P� \ 5�1gFt'�68�0 Q \0 pPG GPI � ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 55188460 APPROXIMATE AREA OF PERMANENT EASEMENT- 0.0621 hat (0.1535 Acres ±) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTERLINE LENGTH OF PERMANENT EASEMENT, 21m± (69' ±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0 hat (0.0 Acres±) THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PID LFGFNn PARCEL IDENTIFIER - PROPERTY LINE - HIGHWAY BOUNDARY PROPOSED EASEMENT ON - - -'- ADJACENT PROPERTY PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE :[911 / I 1 I I ' I I I I I I I I NSWIC PIPELINE V M Emem Company Atlantic Gas BRUNSWICK PIPELINE PROPERTY SKETCH PID 55188460 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 07/01/31 SCALE 1:5000 PROJECT NO. - DRAWN V.J.D. CHECKED PREPARED BY APPROVED SHT. DWG. NO. REV. I PS -3.5- 55188460 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 Six Hundred Ninety 751100 Dollars ($690.75) 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 Eighty Eight 07/100 Dollars ($88.07) per year for a period of ten (10) years, the first payment commencing on the thirtieth (30th) 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 transmission 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 condition so far as may be practicable, as it was prior to the Grantee's exercise of its rights under the easement; (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 possible to enter upon the Lands of the Grantor pursuant to a "Permanent Access Agreement: between the Grantor and the Grantee, which Permanent Access Agreement defines specific access points to and from the easement 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; 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 without the prior written consent of the Grantee which shall not be unreasonably withheld; (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: (i) interfere with or endanger the Pipeline or the installation, operation, maintenance, removal, repair or replacement of the Pipeline; or (ii) obstruct access by the Grantee's employees, agents, contractors and subcontractors to the Pipeline; or 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) 1 h 1 M & C — 2007 -398 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Exchange - Retail Drive BACKGROUND: As part of the development agreement between East Point and the City, East Point transferred ownership of the land required for the construction of Retail Drive. Only when the street was completed and open to traffic would the finished street be vested as a public street. A portion of the undeveloped portions what was called Marlborough Street were also to be utilized. Through the process of construction modifications were made to the final design with approvals of the Chief City Engineer. This resulted in an improved design but required additional lands being utilized which are still owned by East Point. There were also un- utilizated lands owned by the City. On May 7, 2007 Council authorized the City Manager to initiate street closing of the unutilized Marlborough Drive (now Retail Drive) and conclude an exchange of lands required to accommodate Retail Drive as constructed. The City also gave third reading to the formal closing of a 1574 square metre portion of the old Marlborough Avenue right of way on October 9, 2007. ANALYSIS: The developer has undertaken a detailed survey of the constructed street which fully encompasses Retail Drive and all required easements. This plan also illustrates the City lands that are not required for the street. The development of a gentler curve at the top of the hill requires an additional 1,806 square metre (19,440 square feet) of land from East Point (a portion of PID 5518322). This area is illustrated on sketch "A ". Report to Common Council Page 2 December 14, 2007 The more formal corner also requires additional land from East Point (a portion of 5518322) with an area of 884.3 square metres (9,519 square feet) see sketch `B ". Surplus lands owned by the City includes 06 -1000 with an area of 4,215 square metres (45,371 square feet) shown on sketch "C" and the unutilized portion of the old Marlborough Street right of way with an area of 1,574 square metres (16,943 square feet) sketch "D ". The proposal is to convey parcels "C" and "D" to East Point exchange for parcels "A" and `B" being vested as part of Retail Drive. It should be noted that the largest parcel, "C ", was a portion of the land provided by East Point at no cost to the City as part of the developer's agreement. The City will in essence be giving back lands that we received but was not required. With respect to the recently closed portion of old Marlborough Street right of way, this land will be subject to an easement in favour of the City which will extend the easement approved by Council on October 23, 2006 as illustrated on sketch "D ". CONSLUSION: The proposed exchange will ensure that the City is the owner of the lands required for the public street, Retail Drive, and transfer the remnant slivers of land to the developer to be utilized in association with the adjacent development. RECOMMENDATION: 1. That the City of Saint John transfer title parcels "C" and "D" as illustrated to East Point Inc. in exchange for the lands illustrated in "A" and "B" being vested as a public street on condition that the easement approved by Council on October 23, 2006 be extended across these portions of parcel "D" as illustrated. 2. That the Mayor and Common Clerk be authorized to execute all required documents and plans. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development JRB /mmf Terrence Totten, F.C.A. City Manager PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT F \ %h` C \ 4, o <. w° ilr � tea' ° • c r e• .t °r• PID(s) /NIP(s): Location /locations: A to / a D 55183487, and 55183222 Location /Locations: prom. Retail Drive Date: December / decembre 12, 2007 Scale /echelle: Not to scale /Pas a I'echelle P.U.E. tto A TT X M �D >—I � j4 OR CANm v z QQ i OD r i Qom$ (O O I 20 SP 0 1 -o m 4I L4 W O X 0 jA rl OOi W r UI 1 223'1 o\a . o� �a �cf° M n R F N NO :2'v UZ' z O Z, v�O�' rn N v x A N S OD t0 pm ®R `rS P.U.E. REMNANT OF .g 06 -1000 E PLAN 22968664 PID 55183487 n J J a PARCEL A SEE PLAN 19968743 PID 55174254 3.0 X 5.0 M.S.E. n r° /1 P.U.E. O N 00 M 0i w w N N ' •P sgso • p0O 93 43 r Oh 3.0 X 8.0 P.U.E. ��0 ^�• A ADO ' SS cl .5b51 a do 0 C4 Pjo o to r0 _ c • 3.0 X 8.0 A .a M 208_ 59 � 1 / :] rA r W• h W go AIN o \a� h W U C� ^^Q OL n (I �N mo CY) is V, a c_ ~ 0� J� N0 N� CK c t— a 2 w C] qt 208-51 ,03"�O N 10.227 .- Cf) ac M Q CL N w J� H� WD w0 qc W� d' LAI us i�cyy N 1� Z .a X � N N P :D U W z� � W d a W Q J �WWJ �a ,* oa° i "� OM J r- ir W ova: J 17 IS M & C — 2007 -400 December 14, 2007 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: AMENDING REPORT FOR SALE OF LAND 51 -59 METCALF STREET BACKGROUND: Common Council, at its April 23, 2007 meeting, adopted a resolution to sell the above noted property to the Saint John Real Estate Board ( SJREB) for $5,000.00 plus H.S.T. (if applicable). SJREB would then donate the property to ONE CHANGE INC. (M & C #2007 -113). The land transfer was to occur on or before June 29, 2007. The land would then be developed for a three or four -unit dwelling for low income housing. Subsequent to the above noted resolution, Council considered and adopted a new resolution that the City sell the property to Rehabitat Inc. and that the closing date be on or before the end of this year. This was to accommodate additional time needed to secure funding for the project and to accommodate a name change as to who would be acquiring the property. ANALYSIS: Rehabitat has recently indicated they have secured the funding for the purchase of the property, but are still in the process of acquiring funding for the development of the site. They indicated the monies used for the construction of the proposed multi -unit building will not be acquired in the form of a grant, but rather funding would come from a variety of sources and this may take an additional few months to complete. In the interim, they would like to proceed with the acquisition of the property as the funding for the land purchase is readily available. As the closing date is fast approaching, it is recommended that this date be extended to March 31, 2008. Report to Common Council Page 2 December 14, 2007 In addition, a condition of sale requires that Rehabitat Inc. provide confirmation to the City that funding is in place to proceed with the intended development. This condition was included so the City could ensure the property would not be transferred to another interested party who may not intend to develop the property for affordable /non - profit housing and to ensure the development occurs within a short period of time. To ensure this occurs and to proceed with the sale transaction, it is recommended that the City retain a "buy- back" option. In light of the above, the following recommendation will reflect the above noted changes, as discussed. RECOMMENDATION: That Common Council amend its resolution dated June 6, 2007 contained in M & C #2007 -165, by extending the closing date for this transaction to occur on or before March 31, 2008; and if construction of a multi unit building, including the foundation for the dwelling has not commenced within six months of the transfer of the property to Rehabitat Inc., the City has an option to repurchase the subject property within 90 days of the City giving written notice to the purchaser and that the repurchase of the said property shall be for $5,000.00 , and that the Mayor and Common Clerk be authorized to sign any necessary documents required to finalized this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager CL /c Description of Flan: Sale of City owned land for the purpose of residential redevelopment. N PID: 37+6756 and 376764 Address, 51 -59 Metcalf Street •"� Pam II~I/A :[Date: April 19, 2007 Is I _ �u • � fl l �'� i W .- !� � IV Y I.J! IH _Ilf rue Victoria St • RL ~Yi !! i24µ �I t•, �}. '-d . _ _ - - - _.y a� 4M1= 144 1.4 e + — i4 rue Metcalf St. • 4"A S m� t Pi�-�S�1-• 1 l Vain st- " Nd St "• 4 y'r� Description of Flan: Sale of City owned land for the purpose of residential redevelopment. N PID: 37+6756 and 376764 Address, 51 -59 Metcalf Street •"� Pam II~I/A :[Date: April 19, 2007 M & C — 2007 -399 December 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Property Acquisition 40 Upper Golden Grove Road BACKGROUND: On December Common Council resolved; That The City of Saint John appoints David Nicholson of Royal Lepage Atlantic as agent on behalf of the City in the negotiation of the acquisition of PID 350264, 40 Upper Golden Grove Road and further that the City Manager be authorized to execute any necessary Appointment of Agency forms or related documents. The Manager of Real Estate subsequently met with Mr. Nicholson to prepare the offer to purchase 40 Upper Golden Grove Road, a 196 acre parcel improved with a turn of the century dwelling, or preferably, a subdivided 170 acre portion of the land which lies in the watershed (not including the dwelling). The Manager of Real Estate with the assistance of the Agent prepared both offers with the intention of expediting this most sensitive acquisition. The Vendors advised the City's Agent of their acceptance of the $170,000 offer for the 170 watershed acres earlier this week, subject to Council's approval. The $170,000 value was placed on the parcel based on recent Appraisal work done in the watershed combined with recent acquisition costs. The listing was for the entire property; however staff determined the best approach was to secure the watershed land only, if possible, so that it would not have to deal with the resale of the dwelling or maintaining the dwelling during any sale process. The Vendors ultimately decided to retain the dwelling and 26 acres of land fronting on Golden Grove Road. Report to Common Council December 12, 2007 RECOMMENDATION: Page 2 1. That The City of Saint John acquires a 170 acre +/- portion of PID 350264 under the terms and conditions contained in the attached Offer of Purchase and Sale from Susan Tremblay, and further 2. That the Mayor and Common Clerk be authorized to execute any plan or document required to effect the transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI /mmf Saint John Real Estate Board Inc, The Buyer(s) AGREEMENT OF PURCHASE AND SALE O- A Offers to buy from the Seller S `rAe*% bl�, p //. / / D Through Listing Agents) _a/a ( L. eel y-< �41aJ1( C and Selling Agents) a [ !�<- P a-f -t Cl TL Property t With a lat PID # (s) At a purcl Dollars (9 61 FINANCING (a) The Buyer(s) submits with this offer I S QA f`1 Dollars ($Canadian ,S` O O'» ) cash/cheque payab a to the Listing Agent as a deposit to be held in trust, pending completion or other termination of this agreement and to be credited toward the purchase price on completion. Ba a of purchase price to be paid on closing or as otherwise stated in this agreement. (b) Buyer(s) agrees to increase deposit to $ �Q�. M `or. % of the purchase price within hours of confirmation of financing approval and made payable to the Sellers Agent in trust. (c) This agreem=Lis subject to the Buyer(s) or the Buyers Agent delivering written approval for a mortgage in the amount of approximately $ {exa° o of the purchase price) at the current interest rate on or before (month/day /year) to the Seller(s) or the Seller's Agent. Fat tng hie s Agreement becomes null and void and all deposit money paid under this agreement to be returned to the Buyer(s) without interest or penalty. 2. CLOSING DATE This agreement of purchase and sale shall be completed on or before the 3.1. day of G 20d 97 (hereinafter called the closing date). Upon completion, vacant possession of the property shall be given to the Buyers(s) un ess otherwise stated. 3. PRE- CLOSING INSPECTION The Buyer(s) shall have the right, upon providing the Seller(s) with reasonable notice, to conduct a pre - closing viewing of the vacant property to ensure that the property is in the same state of repair as viewed on the date of this Agreement. 4. CHATTELS (a) The following chattels as vTewv4 Seller(s) on the (month/day /year) / / are to remain with the property and shall be included fixtures in the purchase price, are to be'!ngQod working order, and free and clear of encumbrances at the time of closing; (b) All permanent fixtures attached to the property are to remain and shall be included in the`pRrchase price with the exception of. (c) The Seller(s) agrees to inform the Buyer(s) of any leases and the Buyer(s) agrees to assume leases of any leased or rented equipment or fixtures located on the property including: Hot water Tank _ Fumace & Heating System Propane Tanks) other_ 5. TITLE SEARCH The Seller(s) shall furnish the Buyer(s) with a legal description of the property which is the subject of this agreement. The Buyer(s) has up to :::;? — days prior to closing to investigate the title to the property, which the Buyer(s) shall do at his/her own expense. If within that time any valid objection to title is made in writing to the Seller(s) which the Seller(s) is unable or unwilling to remove prior to closing, and which the Buyer(s) will not waive, this agreement shall be null and void and the deposit shall be returned to the Buyer(s) without interest and without liability by the Seller(s) for any expense incurred or damages sustained by the Buyer(s). 61 . ENVIRONMENT The Seller(s) acknowledges that the Listing Agent has advised them to disclose any known or suspected environmental concerns with respect to the property. Acknowledgement of Completion of Page 1 of 4 Seller(s) I�` - - Buyer(s) Initials Y .:4 A) Page 2 of 4.of Agreement C, 4, of Se-fj �Y-i.�- S . ix4n Seller( §) 2- 7. DEED The conveyance (of the property which is the subject of this agreement) shall be drawn and executed in a registerable form at the expense of the Seller(s) and be delivered on payment of the purchase price on the closing date. It is understood that if any survey work or permits are required to put the conveyance in registerable form, the cost of this shall be the responsibility of the Seller(s). The property is to be conveyed free from encumbrances, except as to any easements, registered restrictions or covenants that affect the property and do not materially affect the enjoyment of the property except as specifically set out in paragraph 16 of this Agreement. 80 RISK All lands, buildings, fixtures and all other property being purchased shall be and remain at the risk of the Seller(s). Pending completion of the sale, the Seller(s) will hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of damage to the said property, the Buyer(s) may either have the proceeds of the insurance and complete the purchase, or may cancel this Agreement and have all monies heretofore paid, returned without interest. 90 ADJUSTMENTS (a) Interest, rentals, taxes, rates, fuel on the premises and assessments are to be adjusted to the date of closing. The cost of municipal improvements, (including, but without limiting the generality of the phrase, "municipal improvements ", betterment charges, and capital charges for utility or municipal services), completed as of the date of this Agreement, are to be paid by the Seller(s) on or before the closing unless otherwise stated. If the Seller(s) is not a Canadian citizen, withholding tax may apply. (b) Unless otherwise provided herein, it is agreed and understood by the parties that if this transaction is subject to any applicable taxes imposed by government legislation, said taxes shall be the responsibility of the Buyer(s) in addition to and not included in the purchase price. 100 PAYMENT Any tender of documents to be delivered or money payable hereunder may be made upon the Seller(s) or the Buyer(s) or any party acting on their behalf. Money paid, subsequent to the deposit, shall be by Solicitors trust cheque, cash, certified cheque, (or their equivalent) drawn on a Chartered Canadian Bank, Trust Company or Credit Union. 11, UFFI CLAUSE The Seller(s) warrants to the best of his /her knowledge that the does does not or did contain Ureaformaldehyde Foam Insulation. 0 12, SURVEYOR'S REAL PROPERTY REPORT The cost of a Surveyor's Real Property Report, shall be the responsibility of the Buyer(s). Notwithstanding the foregoing, the Seller(s) is to supply to the Buyer(s) any Surveyor's Real Property Report that may be in his/her possession without any warranty whatsoever. 13. INSPECTION The Buyer(s) does does not a i (Initials) require a property inspection. Buyer(s) is urged to carefully inspect the property and may, if desire the tdirig inspected at his/her own expense. If the results of the inspection are not satisfactory to the Buyer(s), the Buyer(s) may terminate this Agreement by delivering written notice to the Seller(s) or his /her Agent by (month/day /year) i/ in which case the deposit shall be returned to the Buyer(s) without interest or penalty. The Buyer(s) acknowledges that if the property inspection is not completed within the specified time, this condition will be deemed to be waived by the Buyer(s). The Buyer(s) understand that there are areas of the property which the Seller(s), and or Agent have no knowledge. 14. WATER TEST This agreement is subject to the Buyer(s) at his/her expense satisfying himself/herself that the water supply of the property meets the acceptable bacteriological standards for water, potability. This clause shall be deemed satisfied unless the Seller(s) or the Seller(s) . Agent is notified to the contrary in writing within - days of this offer. Additional tests are available which scan for-'a- variety7of inorganic substances or heavy metals which can affect the usability of the water supply. I Do Do Not � 1 require additional water testing. If the results of further water testing do not meet acceptable standards for household use, the Buyer(s) may terminate this Agreement by delivering written notice to the Seller(s) or his /her Agent by the (month/day /} in which case the deposit shall be returned to the Buyer(s) without interest or penalty. 15. INSURANCE This agreement is subject to the Buyer(s) being able to obtain approval for property insurance, to the satisfaction of the Buyer. Confirmation shall be deemed obtained unless the Seller(s) or the Seller's Agent is notified to the contrary, in writing, on or before (month/day /year) - f--T`— . If notice to be contrary is received, either party shall be at liberty to terminate this Agreement at which time any deposit money shall be returned to the Buyer(s) without interest or penalty. 16. TERMS AND CONDITIONS This Agreement is further subject to the following terms and conditions: rC�, Cam: j7 Acknowledgement of Completion of Page 2 of 4 Seller(s) InC s Buyer(s) Initials G- � Page 3 of 4 of Agreement Between C d 1�j a y�"`�"� J AND S. �� LCD Buyer(s) Seller(s) 17, DEFAULT If the Buyer(s) defaults in the completion of the sale under the terms of this Agreement, any money, not exceeding 10% of the purchase price paid hereunder, shall be forfeited to the Seller(s) by way of liquidated damages or the Seller(s) may (at his/her option), compel the Buyer(s) to complete the sale. 18. BINDING AGREEMENT Time shall in all respects be of the essence in this Agreement. In the event of a written agreement of extension, time shall continue to be of the essence. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. This ment is to be read with all changes of gender or number required of the context. 190 PROPERTY CONDITION DISCLOSURE The S ler(s) Wil Will Not provide a Property Condition Statement to the VN" � Buyer(s) within 24 hours of acceptance of this offer. ' osure Statement to be acceptable to the Buyer(s) as a condition of this Agreement and signed by the Buyer(s) by (month/day /year) 1 / indicating acceptability. This Agreement shall be amended at the time of signing of the Property Condition Statement by the Buyer(s) to include said statement. 20. AGENCY The Seller(s) and Buyer(s) acknowledge having received, read and understood the brochure published by the New Brunswick Real Estate Association entitled, "Working With a REALTOR® ", and acknowledge and confirm as follows: (a) The Seller(s) has an Agency Relationship with Agent As represented by: Salesperson And: As represented by: (b) The Buyer(s) has an Agency Relationship with As represented by: Agent Salesperson Agent Salesperson (c) The Buyer(s) and Sellleer((s)�have consented to a Limited Dual Agency Relationshi with L tr L�7 Z Agent as represented by: -�` rP ��t /�1not&w...� Salesperson , d LSD- Salesperson Having signed a Limited Dual Agency Agreement dated (month/day /year) If only (a) has been completed, the Buyer(s) is acknowledging no agency relationship. If only (b) has been completed, the Seller(s) is Acknowledging no Agency Relationship. 21: OFFER This offer shall be irrevocable by the Buyer(s) until am/pm on the (month/day /year) �'2 / G / a! after which time, if not accepted by the Seller(s) and a copy delivered to the Buyer(s) or his or her Agent, this offer shall become null and void and all deposit monies returned without interest. Dated at Province /State of /V • 'v • , this day of e C 20 d% , at v a pm, ed, Sealed d deli r i t presence of I have hereunto set my hand eal Witness Buyer "'" SEAL Witness Buyer SEAL 22. ACCEPTANCE I/We Accept the above offer and agree to sell on the terms as herein set forth. Dated at Province /State of , this I% day of�_, 20Q a PU�xa�wtSE�X }� SLAV- Ve.�-t LiY P1e�e oL�+41 e��( CO S$' l� A l Witness Acknowledgement of Completion of Page 3 of 4 I have hereujV set my hand and Seller Seller(s) I ' i x Buyer(s) Initials) SEAL Z' cloeoo� Page 4 of 4 of Agreement Between `' a� -�^�' ``ET Ja [,.,tot AND 5e "V�I�A9416� Buyer(s) Seller(s) 23, NON- ACCEPTANCE UWe confirm this offer was presented and not accepted am/pm, on the (month/day /year) Dated at in the Province /State of this — day of , 20 Signed, Sealed and delivered in the presence of I have hereunto set my hand and seal Witness Seller SEAL Witness Seller SEAL 24, COUNTER OFFER (a) UWe confirm having read and understood this Agreement and have modified the price to: Dollars ($Canadian ), along with the following amendments: (b) The counter offer shall be irrevocable by the Seller(s) until am/pm on the (month/day /year) after which time, if not accepted by the Buyer(s) and a copy delivered to the Seller(s) or his/her agent, this counter -offer shall become null and void and all deposit monies returned to the Buyer(s) without interest or penalty. Dated at at am/pm. in the Province /State of Signed, Sealed and delivered in the presence of Witness Witness (c) The Buyer(s) hereby agrees to the above modified price of $ this counter- offer. Dated at at am/pm. this _ day of I have hereunto set my hand and seal 20 Seller SEAL Seller SEAL and all other amendments contained in in the Province /State of this day of Signed, Sealed and delivered in the presence of Witness Witness Seller's Solicitor Phone/Fax #'s Acknowledgement of Completion of Page 4 of 4 I have hereunto set my hand and seal Buyer Buyer Buyer's P one/Fax #'s Seller(s) I q Buyer(s) Initials d:�o 20 , SEAL SEAL December 5, 2007 Mayor and Common Council City of Saint John PO Box 1971 E21, 2B7 Dear Mayor McFarlane and Members of Common Council: We are writing to you from our Grade 12 Canadian History class. completed projects that reflect the multicultural history of Saint J. consists of written work, visual aids and a model. A project was c of First Nations, Afro - Canadians, Loyalists, the French and the lri different endeavors could be taken on by the community as part o initiative to help educate the public about the diverse histories of Here are some of the ideas that we have: 1. First Nations (%A4- 0b12s�leY,'Y /`A • Build replicas of Maliseet Wigwams along the Harbour First Nations history inside them • Build replicas of Maliseet canoes 2. Afro- Canadians Build a replica of Willow Grove Church, depicting inside 3. Loyalists • Build replicas of tents originally lived in by Loyalists 4. French • Build replica of Fort LaTour beside its original site 5. Irish • Development of Partridge Island r class has recently Each project on the local history We believe that e Vision 2015 ce groups in our city. and depict history There is so much history in Saint John, from Partridge Island to Fort Howe, to be discovered and expanded upon. It is important to study history not Only to learn, but also to build a sense of pride in our community. We believe that these id people of Saint John learn more about their own history and feel prc addition of such historical sites would not only be beneficial for the John, but for the economy of Saint John as well. Our city is visited t tourists each year, and we believe that tourists would appreciate the more about the many different cultures that have formed our city. TI we have suggested are low -tech, and could be done with the help of community. We would very much appreciate your thoughts concern Yours Sincerely, / � 2 Mr. Ogden's Grade 12 Canadian History Class s will help the I of their city. The dzens of Saint thousands of portunity to learn various projects dunteers from the our suggestions. +f What were Maliseet homes like? � f/VOlei MThe Maliseets didn't live in tepees. Tfh�eey live buildings called wigwams. Here are some 1 the ones Maliseet Indians used. Today, Native Americans only build a wigwa w_ with their heritage. Most Maliseets live in me Wabanaki wigwam apartment buildings, just like you. Maliseet canoe Maliseet spearfishing Yes - -the Maliseet people are wel birchbark canoes. Here's a pictur canoe style they used. Canoeing Maliseets, though few people har from birch bark anymore. Over la dogs as pack animals. (There we America until colonists brought th The Maliseet used sleds and sno travel in the winter. They learned from northern neighbors like the t y- in smalYround Lures of wiawams like for fun or to connect rn houses and mown for their of the traditional still popular among craft their own canoe J, the Maliseets used no horses in North m over from Europe.) shoes to help them make those tools Today, of course, Maliseet people also use cars... and non - native people also use canoe . *What did the Mallseet Indians eat in ti; supermarkets? The Maliseet were river people, and so the fishermen. Fish is still important to the Mali today. Maliseets also hunted big game like particularly in the winter when the snow wo animals down. Usually it was men who did fishing, while Maliseet women harvested cc Today, though, many Maliseet girls and we also. 0 What kinds of weapons and tools did Maliseet hunters and warriors used bows a Maliseet fishermen used pronged spears tc canoes, like the man in this picture. e days before ✓ were expert Beet diet and culture deer and moose, uld slow these large the hunting and rn and gathered fruit men enjoy fishing he Maliseets use? id arrows and spears. catch fish from their a6 Vt A D 1 SA Your Worship, Council members, Communaute We are presently in the process of getting a commit << Jeux de 1'Acadie » in Saint -John for June 2010. Tl that participate in Les Jeux de 1'Acadie and they are throughout the maritimes. This major event would 1 city. There will be full television coverage for this e significant amount of people to Saint -John. In 1996, Les jeux de l'acadie was presented in S Fourteen years later in 2010 it will be the 25th a Communautaire Samuel -de- Champlain and our happy to host this event once more. In order to apply for this exiciting event, we need to ] application committee that would be a representative appreciate it if you could assign someone that would committee. If you need more information about this project Thank you for your support. Michel Cate Executive Director Centre scolaire- communautaire Samuel -de- Champlain R4owde de la phone de Saint Jean inc. together in order to bid for the -care more than 1000 athletes )ming from everywhere a good way to showcase our ,nt and it will bring a and it was a huge success. of Le Centre Scolaire tY would be more than someone on our our city. Therefore, I would part of our application do not hesitate to contact me. Le hubourg °rm,„ Presentation to SJ Common Council — Dec. 17th, 2007 Introduction- I'm Barb Dickison from CVROC. Thank you for inviting us to present this evening. Our group tonight represents both the Crescent Valley Renew Our Community group known as CV -ROC and the Crescent Valley Community Tenants Association known as CVCTA. We have been working closely with the city and many other government and community partners, CVCTA has been around for 15 years and CVROC for a little over 2 years. CVCTA has sent many letters of request for improvements and in Jan 2006 a large community survey was completed by the Survey Action Team which has now evolved into CVROC. The survey results were outstanding. 100% of the households in Crescent Valley were approached and 54% completed the 17 page survey. We feel results from this survey have helped push forward our requests for improvements. For example: Slide 1: Re: Appearance Recycling 41% Trees 52% More gardens 56% Exterior housing renovations 66% Parks & green spaces 67% Recreation space 83% Better garbage & litter control 87% Slide 2: Walking in Neighbourhood Safe pedestrian pathways 44% Crosswalks 59% Street lights 60% Sidewalks 76% Better snow removal 77% The following comments from the survey show why 85% of the respondents said that residents can work together to make Crescent Valley a better place. (1) "Working together builds strength and confidence of goals set and established by community (2) if we had more people to care alto ©¢aft our community. then it might he possible (3) 9666if everyone works together instead of against each other this place would be very goody' (4) "if we all look out for each other we foci safer, which creates a ((better feeling of weii=heing'.,iiire we belong" (5) "The more People mforis together for a chaanagre, §9 Will encourage people ougside the community to want 90 heipb .�;inl iri � Irr 1 .irin tl r _ fi�f��n .n m. -i Thank you and now Juanita will speak. Involvement with City: Juanita Black The residents of Crescent Valley meet Mr. Groody at a community meeting called by the Crescent Valley - Renew Our Community (CV ROC), on April 12, 2007. Mr. Groody spoke and answered many questions about snow plowing, garbage collection and streetlights. But most importantly that night he introduced the community to Holly Young from Municipal Operations who would coordinate the much waited road reconstruction on MacLaren Blvd. I was involved with two committees that worked with Holly all summer and we have all the emails between Holly and both committees. Holly also made herself available to come to meetings when requested. Now we all know how Council likes to hear about community partners, and at the same time the road reconstruction was going on, the CVCTA was working with Family and Community Services; Housing, to upgrade the lights in the backyards. It was at that time we requested through Holly that the City also upgrade the streetlights on the front streets. There were no lights in Flemming or Howard Courts at all and there were many dark intersections. Once Saint John Energy got started putting up the new lights in the backyards and front streets, the community became, not only brighter at night but also safer. Bad people do not hang around well -lit areas. In total the City ordered 11 new lights and FCS Housing ordered 22 new lights. Although there are a few lights not yet completed it has made a great difference. The walkways that were dug up were replaced and in many areas had to be raised 2 - 3 - or even 4 feet, because of the difference in the grade from the new roadwork and the old walkways and lawns. In all the construction only I tree, that was on its last leg had to be removed and even then every tenant that lived near the tree was asked their opinion before it was removed. Along with the new lights, road, sidewalks and walkways all damaged grass was replaced and 6 new areas were planted with new trees, shrubs and mulch. There were a couple of missing street signs that were replaced, crosswalks were painted on the newly paved MacLaren Blvd and now, to slow down speeders we have two new 3 -way stop streets. Construction ended October 30'h, just in time for Halloween. I personally enjoyed working with Holly Young and her on site supervisor Rick LeBlanc; I learned many things about culverts and drains during the construction. In closing we would to say thanks to the City, but don't forget you have promised that work on Taylor Ave would take place during the 2008 or 2009 season and guess what we have the original letter from Mr. Groody. Your Worship and Councillors I would also like to tell you that during the 3 months of construction that there was no damage or thief of any materials on site. THANK YOU Slides # 3 to 15 : showing before & after re: construction Slides # 16 to 18 : showing where new lights & green spaces are located. Longtime Resident Input: Doreen McCullough Slide # 19 Group Working & Planning Talking about what it's like living in CV How she got Coronation Ct paved How she feels now with the improvements Youth in Crescent Valley: Marlee Comeau I'm representing the Youth of Crescent Valley. The survey results indicated that 83% of the respondents felt programs for teens were a top priority. At the Crescent Valley Speak Out I was part of the Youth team that put together a booth especially looking for Youth input. We presented those results to the Community Advisory Council of the National Crime Prevention Centre. Some of the major priorities were (1)making a space for teens in the Resource Centre, (2)helping Youth feel safe in the community as 84% said they had safety concems,(3) having activities available to keep Youth occupied and(4) to form a Youth Council. Slide # 20: picture of Teen Vibe group During last summer the Teen Vibe program provided many exciting activities. This is a picture of the group. Leisure services, the Y and the Teen Resource Centre all partnered to make it a very successful program. Teen Vibe also worked on a project called " The Greening of Flemming Ct." This project is continuing with input from youth as the Teen Vibe program has expanded into a new program called Youth Engagement Project — YEP. Slide #21 : Before picture Slide# 22: Picture of Plans. We hope the city will partner with us to make this possible. The biggest item asked for is a splash pad. This would be great as even small pools are not allowed to be set up. Youth would feel great pride knowing they were the ones to plan this park. Resource Centre: Anne McLeod Slides # 23 to 25 Our survey indicated 69 % of the respondents wanted a Resource Centre in the community where it could be easily assessable to residents. There were requests for many programs. Group for youth, Group for single mothers,Confidential group for recovery of substance abuse /gambling, Group on domestic violence Co -ed group for single parents Disabled or shut -in, Family or mixed group Slide# 22 : Resource Centre We are delighted to say that Family & Community services have provide us with a wonder new Resource Centre. They will supply the building rent free, including heat & electricity, cleaning and maintenance. The province is funding a Community Police Officer, David Harley — Brown who is already working in the community and will have his office in the Centre when it opens early in the New Year. We have partnerships with many groups like Community Health Centre, Teen Resource Centre, Public Health, Community Loan Fund who are ready to do programs. Our major concern now is getting a coordinator for the Resource Centre. We hope that several partners including the city will commit money for this position. Our lvc request to you is a commitment of at least $25,000 for a t year period. We are a vulnerable community that is on the verge of making great strides and all we need is a small amount from several partners to make big changes. Improving our neighbourhood helps not only the people in Crescent Valley but the whole Saint John community. Thank you for giving us this opportunity and for believing in our community. The improvements you have made not only look good but have given the residents pride in where they live. We need to get rid of the "slum look " as was stated in survey comments in order to begin to feel good about where we live. We hope you will continue to support our renewal. Thank You. We would be pleased to answer any questions you might have Crescent Valle� Kenew C)ur Communit� Crescent Valle� Tenants' association Fresentation to 5aintiokn Common Council Decemker 17, 2007 • Appearance I,5urve� Kesults Recycling pick -up program Trees More gardens Exterior housing renovations Parks and green space Recreation space for children and adults Better garbage and litter control 0% 41% 52% 6% 66% 67% 83% 87% 20% 40% 60% 80% 100% • WalLing in tke Nejgkkou . rkood Safe pedestrian trails /pathways Crosswalks Street lights Sidewalks Better snow removal 44% 59% 60% 6% 7% 0% 20% 40% 60% 80% 100% w t .Is I'1 MR �� -' �ll �. I �� ,. ..� . ., � - - - _ -Jr. low 9 • e e. M lip —Aa Now M-Ou y �t - - a F 7. 4•r. `� � c4 t Y 5wm r 4 • �F 4 ti w� r Ell u u �u� 13 Ll _ __ _,..mod i' I N; ' 28488 flow 2P7� �+ 395f3 i 2849 `� No a= .. - X8063 , 4�7 28099) 28082 2809 ° � r 28073 2{ ► r �' J ?ii7ft3 280 1 'M79 , 28p75 '� ;s• � ._ ; s 280-114 40 N Ar f + * .q o-- 2. 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Awm&e d Demande de modification a 1'arrete sur le zonage et�au pro be,+ d aMe nay, meAt- de j loc de Sourtt Joh n Applicant Related Information / Renseignements sur le demandeur .II', ✓,I ,II, .11,,�l 41111111111111111111111 111 11 @1 Telephone Number / Nundro de tt6ldphone , — / ;7— p / jC FZ L- q Home / Domicile (a M— K 0 4:5 Work / Travail Fax Number/ Numdro de tblecopieur 2 7:?_'7 / i/ Name of Property Owner (if different) / Nom du propri6taire (si difftsrem) Address/ Adresse (O S'c�S ��a n/ f oXy4l fP.✓� 16/4y Postal Code / Code postal Property Information / Renseignements sur In proprit to z . I I, , Civic 4 / No de voirie Lot Area / Superficle du lot t 2 D A o . Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propri6t6 G /q w 70`11 Y)6S SUNS G6Hr, sslt ��I Municipal I L. Use Designation 16 m.i ,I •. a ...I desterres mule plan municipal ', 1 Amendment Requested Modification , II I , . w -I Zoning ,I. . np 1. l4 Change Z. I 1 to / Modification , , I . _ t ' ', f � tp remove. fain DcA V 1 • l , and/or .' , ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) SVZOM Uo� GG SI Local Comotan Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition / K D �/ S6, [L i T/� &W e- %2 A✓ 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 Pichelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement Le plan doit imliquer les dimensions de la propriete, 1'emplacement de la totaliti des bdtiments, des allies, des aires de stationnement, des a tenagements paysagers et des panneaux de signalisation. 11 est important d indiquer la distance entre les limites de la proprieti et les bdttments. 1Z�- .IL Illllil 1\ 1 \ Il l \ 1 Provide any other information about your proposal that would be helpful / Fournir tout amore teaseignemeot concernant votre proposition qui powrait etre utile. L1. I k . 05077 K1 YI. 1 \ C I It' 1 ❑ 5400 Application Fee Enclosed / Ci -joird les hais de demande de 400 S Ifyou are not the owner ofthe land in question Si vous n'etespas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propriitaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorlsant le for consideration by Common Council. traitement de la prisente demande pour que cette derriere soit examinee par le conseil communal, Signature of Owner (if applicable) Signature due propribtaire (s'il y a lieu) fir• L.1 u a' f P d5 � 2 F�Fi ISa EE � 51p L EZ O'N N z p g p A �a ld;� §?��5?�sg��' yg��f4giFfl�pFpg}� itidi iami .1. z L J 1 Nl •.ww rrta�..n ,"n let 9ed a $e r f !fr R R .� Y1 eq py Y1A �E�a s 9 5 § g 11l aFva +Laq P I IF roi wl a Lti Ley `I�n�� zap �.l le h ., .1q v � � e i1 n„ Lot 1-1 , w,� isH It. I 44r k "e lel ili 0 5Si i pfi 0.1P % S° 16 101 to Iq 0 se 177 . ,.a.Sh 6 RFP cl7 w •e �n " Woo, M11aa " r �!i fB� als 3 aid C" ; =l slr Q 4khF ya elP aes!€ a s it Loo N4 a '1 �; COL lM1 a wl 0 dl 4g- j +^ es ml a of S w,n °` glefgl P. 'v.^.t�i R!§ n ! i%4E. H 3 mile l g'+ a ✓ `'Aaf. 8fF iRlt Alto if,plk aie I t Au .`ef cY-: p °f: t i R1F °*�° f �ANw� IN tall AN It AN t T •m� '} �qql Pr . IP w w 4 N Z �i it S F ; 04; ma h °4t h'� pms hp "y: �i, �tq W y . Q III ., ay X5,4 Jdo Its, y. rv. S t '.S9 +m'i e.l• 1 M1,.,, M1* ms, nl4 4 cs col a i h `a G9 wl a °d •x Qt'° �M. •a h asm Rd ai 40.o isYn *LS pt �/ � �� r " ,a 4`i 1 aF alb _ . 11 `. Am, L[lel AI cff M11`V �R, ,� x �y. ., 4 ��w, IoM 1a41oaH a K[ 1% ei J 6�NO *L III w4mor Loop Ae F zw,d api °rf ti1 m, 4 ; lIt, ,m. i h A; PLS NI E aL wl rsi wl s %f , a p e , 1 14� y1 CA ;'a aim 9zlo a 11 04 oc In �yl$ IN » k se < III E!! IsII7 .'ZI ®!� —_!k SE tk c 0.!o' } i I -9uo1 R9oYS /ynoo IIop"N. 4%41 9 " . 9 ?!@ al�7at s f " =1� nlei al t Rl" A'IAN Move �ra61 9 n IN 9 3 5 of c 9160-1 BY -LAW NUMBER C.P. 12- A LAW TO AMEND THE DEVELOPMENT SCHEME BY -LAW ARRETE No C.P. 12- ARRETE MODIFIANT L'ARRETE PORTANT ADOPTION D'UN PROJET D'AMENAGEMENT Be it enacted by The City of Saint Lors Time r6union du conseil John in Common Council convened, as communal, The City of Saint John a ddict6 follows: ce qui suit: The By -law of The City of Saint John entitled "Development Scheme By- law", enacted on the 19th day of December, A.D. 2005 is amended by: 1 Amending the Saint John East Development Scheme by removing from the Scheme a parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 004566659 55124341 and 55124358, together with the Local Common located adjacent to PID Nos, 00456640, 00456657 and 00456665 - all as shown on the plan attached hereto and forming part of this by -law. L'arr6t6 de The City of Saint John intituld « Arretd portant adoption d'un projet d'amenagement» ddcr6t6 le 19 d6cembre 2005 est modifid par: 1 la modification du plan d'am6nagement de Pest de Saint John a y enlever une parcelle de terrain dune superficie d'environ 20 hectares, situe'e des deux c6t6s de la voie Heather, entre Favenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de m6me que le bien -fond collectif adjacent aux NID 00456640, 00456657 et 0046665 - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&& IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire a fait apposer son sceau communal sur le pr6sent arrdt6 le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premidre lecture C'nrnn,i Pi nAi nn - rlo,,.,: d..,o 10 +V.. 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, December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 SAINT JOHN EAST DEVELOPMENT SCHEME RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Saint John East Development Scheme that would remove from the Scheme the following property: A parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 004566575 004566659 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 00456640, 00456657 and 00456665, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the subject area in order to undertake a conventional residential subdivision development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET D'AMENAGEMENT DE LEST DE SAINT JOHN OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les presences, un avis public est donne par lequel le conseil communal de The City of Saint John a Pintention d'etudier une modification du projet d'amenagement de Pest de Saint John a y enlever la propriete suivante : une parcelle de terrain dune superficie d'environ 20 hectares, situee des deux c6tes de la voie Heather, entre 1'avenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de meme que le bien -fond collectif adjacent aux NID 004566407 00456657 et 00456665, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu an cours de la reunion ordinaire du conseil communal prevue le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, A Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain on question de sorte a entreprendre Pamenagement d'une subdivision residentielle conventionnelle. Veuillez faire part an conseil par ecrit de vos objections an projet de modification au plus tard le 16 janvier 2008 A 1'attention du soussigne. Pour route demande de renseignements, veuillez vous adresser an bureau du greffier communal on au bureau de Purbanisme et du developpement A 116tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours feries. J. Patrick Woods, greffier communal 658 -2862 SAINT JOHN EAST DEVELOPMENT SCHEME RE: HEATHER WAY, GRANDVIEW AVENUE AND WYATT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Saint John East Development Scheme that would remove from the Scheme the following property: A parcel of land with an area of approximately 20 hectares, located on both sides of Heather Way, between Grandview Avenue and Wyatt Crescent, also identified as being PID Nos. 00456640, 00456657, 004566655 55124341 and 55124358, together with the Local Common located adjacent to PID Nos. 004566403 00456657 and 00456665, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the subject area in order to undertake a conventional residential subdivision development. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 PROJET D'AMENAGEMENT DE LEST DE SAINT JOHN OBJET: VOIE HEATHER, AVENUE GRANDVIEW ET CROISSANT WYATT Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier une modification du projet d'amenagement de Pest de Saint John a y enlever la propriete suivante : une parcelle de terrain d'une superficie d'environ 20 hectares, situee des deux c6tes de la voie Heather, entre Pavenue Grandview et le croissant Wyatt, et portant les NID 00456640, 00456657, 00456665, 55124341 et 55124358, de meme que le bien -fond collectif adjacent aux NID 004566409 00456657 et 00456665, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu an cours de la reunion ordinaire du conseil communal prevue le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain en question de sorte a entreprendre 1'amenagement d'une subdivision residentielle conventionnelle. Veuillez faire part au conseil par ecrit de vos objections au projet de modification an plus tard le 16 janvier 2008 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser an bureau du greffier communal ou an bureau de l'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours £dries. J. Patrick Woods, greffier communal 658 -2862 \ T \ \ i ) l{ �` j all v. f �v November 27, 2007 / 27 novembre 2007 Mr. Harold Coughlan 600 Main Street, Suite 110 Saint John, NB E2K 1J5 Dear Sir: Monsieur, Madame, Re: HEATHER WAY, GRANDVIEW Objet: VOIE HEATHER, AVENUE AVENUE AND WYATT CRESCENT GRANDVIEW ET CROISSANT WYATT WYATT Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, Vous trouverez ci- annexee une copie de I'avis public relatif a une modification envisagee au plan municipal en vue de la redesignation de la propriete ci- dessus. Apres la date de reception des objections, c'est -a -dire le 16, Janvier, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique at demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, Madame, 1'expression de nos sentiments distingues. z"O4 ✓ Elizabeth Gormley Assistant Common Clerk / Greffiere communal adjointe EG /mjs encl. Application for a Zoning By -law Amendment t NUM WAI- PbM NOOMLIM Demande de modification A 19arretk sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur 4/n3_2 z / /3 !I a Mailing Address of applicam // AAdddresse p�ojstalee du dernatdeur el �A //✓r 1�i/✓ /U /, Postal Code I Code postal GoPL Telephone Number / NutnEro de tllphone� 333 ' �`�/ y Home / Domicile 5_2 - /76/ / / Work / Travail � � ra 35/ -0a)l Fax Number / Num@ro de tdleoopieur I r' Name of Property Owner (if different) I Nom do proprietaire (si diffftni) NA 10C A1W 9 e4dtCN. / Address / Adresse 9 Aral l� �f�4 T �/�� Postal Code / Code postal Property Information / Renseignements sur la propriete I MOO T l l.' I `r M /Node Lot Area / Superficie du lot v m Street Frontage / Facade sur rue r "t rl Existing Use of Property / Utilisation actuelle de la propridti lqe5 / P ,7 C e Municipal Plan land Use Destgnaaon MCDIUWI DWSri`/ RE51 DE7lrrl*L Nsignation de utilization des tees sur le plan municipal RE0AMES Rzyj SlrShck'fi111d TL) "APVM COM DWT. �• Amendment Requested / Modification demanndee Present Zoning / Zonage actuel 9m / F Change Zoning to / Modification du zonage i 46 and/or / on Text Ametdment (uxhcate particulars) / Modification due texte (indiquez les details) � A 3; Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions 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. V 40 04111 Pit &F I LUIIM�M Vous devez fournir un plan du site a' l'echelle illustrant votre proposition. Yous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan doi t indiquer les dimensions de la propriete, 1'emplacement de la totalize des bdtiments, des allees, des sires de stationnement, des amenagements paysagers et des panneaux de signalisadon. II est important d indiquer la distance entre les limites de to propriete et les bdtiments. l a0 r❑ L4 . r ,l ❑ $400 Application Fee Enclosed / Ci -joint les hais de demaoI 400 5 If you are not the owner of the land in question Si vows n'Ptes pas le proprietaire du terrain en question, please haw the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autonsant le for consideration by Common Council. traitement de to presente demande pour que cette derniere soft examinee par le conserl communal Signahue of Owner (if applicable) t Signature due proprietaire (s'il y a lieu) f Q Date: Pq �lt/LAIS!QL �-72�,w Ic cry G o fw I S I 1✓ i CJ o fw I S 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 and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edicte cc qui suit : L'arr@te relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afm de faire passer la designation d'une parcelle de terrain dune superficie d'environ 426 metres carres, situee an 117, rue Carleton, et portant le NID 00037598, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve; 2 I'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a l'alinea 2.4.6.28: o r) une parcelle de terrain d'une superfrcie d'environ 426 metres carres, situee au 117, rue Carleton, et portant le NID 00037598. » - toutes les modifications sent indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes: 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): December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 ❑x 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: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598. 2, Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 117, RUE CARLETON Par les pre'sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a Pannexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 426 metres carrels, situ6e an 117, rue Carleton, et portant le NID 00037598, de zone rdsidentielle de densite moyenne a zone d'amenagement commercial approuve. 2. 1'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuv6s a I'alin6a 2.4.6.28: q) une parcelle de terrain d'une superficie d'environ 426 metres carrels, situ6e an 117, rue Carleton, et portant le NID 00037598. » Une presentation publique du projet de modification aura lieu lots de la r6union ordinaire du Conseil communal le lundi 17 decembre 2007 dans la Salle du conseil, an niveau du hall d'entre'e, A l'h6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone d'6dification de logements multiples sur terrain intercalaire «RM -1F» a one zone Commerciale, et permettre Fam6magement d'un bureau d'affaires a l'int6rieur du batiment existant. Veuillez faire part au conseil par 6crit de vos objections an projet de modification an plus tard le 16 janvier 2008 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Purbanisme et du d6veloppement a 1'h6tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6rie's. J. Patrick Woods, Greffier communal City of Saint John P. O. Box 1971 C. P. 1971 Saint John, N.B. Saint John, N. -B. EM 4L1 EM 4L1 658 -2862 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 117 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "q) a parcel of land with an area of approximately 426 square metres, located at 117 Carleton Street, also identified as being PID Number 00037598." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P, O. Box 1971 Saint John, N.B. E2L 4L1 658 -2862 ------- -- ------ -- -- ---- ---- - - - - --- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 117, RUE CARLETON Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John a ]'intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. la reclassification, a Pannexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 426 metres carres, situee au 117, rue Carleton, et portant le NID 00037598, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. l'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a 1'alinea 2.4.6.28 : «q) une parcelle de terrain d'une superficie d'environ 426 metres carres, situee au 117, rue Carleton, et portant le NID 00037598. » Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du Conseil communal le lundi 17 ddcembre 2007 dans la salle du conseil, an niveau du hall d'entr6e, a 1'h8tel de Ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone d'ddification de logements multiples sur terrain intercalaire a RM -IF n a une zone commerciale gdnerale « B -2 », et permettre 1'amdmagement d'un bureau d'affaires a 1'int6rieur du batiment existant. Veuillez faire part au conseil par dcrit de vos objections an projet de modification an plus tard le 16 janvier 2008 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 d6veloppement a 1116tel 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 fdrids. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 6582862 November 27, 2007 / 27 novembre 2007 603887 NB Ltd. 10 Peel Street Saint John, NB E2L 3G9 Dear Sir or Madam: Re: 117 CARLETON STREET Monsieur, Madame, Objet: 117, RUE CARLETON 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 ckclessus� property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, Apres la date de reception des objections, c'est -a -dire le 16, Janvier, 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 agraer, Monsieur, Madame, 1'expression de nos sentiments distingues. Elizabeth Gormley Assistant Common Clerk / Greffiere communal EG /mjs encl. adjointe Application for a Zoning By-law Amendment o,,4 'Munk pcJ P(An AwAdOwA+ Demande de modification it l'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du deniandeur WC T CPIC iIIaff O SG / h t A16 Postal Code / Code postal Telephone Number / Num6ro de tdldphcae �06 3 3 3 -- 70 f q Home / Domicile J62 5'53 Work / Travail 5061 - 6 3.3 / Z;Ly Fax Number / Numdro de t616copietu 16 Name of Property Owner (if different) / Nom du propndtaire (si differem) Nct ✓cd of- Address / Adresse 10 5t ;6i rv\P 5 Sr Postal Code / Code postal E z X 1 . r ci Property Information/ Renseignements sur la proprifte - oo,) 0 1735 Location / Emplacement /d /o St •.l()/ile6 5f # 55040(o 14105 Civic # / No de voirie Strew / Rue PID / NIP Lot Area / Superficie du lot Exiting Use of Property / Utilisation actuelle de la p gxi6td .2 u n /,7/S Municipal Plan land Use Designation M EDtuM i�� try hEs 1 �C1JT7/i �- " D65ignWon de utilization des terns sur le plan municipal ►iFC1tA iR/ 5 �t t1lsl IJA' ?1015 ; 0 'AFFki i U WF1 ACV T Amendment Requested / Modification demand& Present Zoning / Zonage actuel R XI l F LAY Change Zoning to / Modification du zonage i Ci) I1 M e r c if a and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition n/f ro t�ISL,es z'a coi.tue z`a m8o< %t P!nil /�Q 2°�d 3r�l 4&orf5 iv 4&cei&#q lboe -6, h txo ( ZEo As m L % v$ cut' v�.t Lr tit.L(L d <sd i ncP deals W"M -bars 14 C' 4lleJ ptfssenliees' and does net ra'9e leas S c %rat' eve Gat'l/ /a-e no Ch�n��S ir�acLe ` z) �e ,t�p�-vly, laor ias{de or auv �, . s use /et 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, pa rldrig areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Your devez fournir un plan du site d t'echelle illustrant voire proposition. Yous pouvez egalement fournir des photographies, des plans de biltiment, des dessins de plan d'elevation et toule au" forme de renseignement Le plan doit indiquer les dimensions de la proMM, 1'emplaeement de la totalite des oddments, des allies, des sires 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 biltiments. Q r �y Provide reasons why these amendments should be approved. / Foumir tout autre renseignement concernam votre proposition qui pourraitt &re apprxw6m. A k2eAo17t-i4,4 SA"41 - .Sd / tra't=z ch-1. .rrr rn y � C a2YC�e Prir�a.� /o f 4 c.ha 5 S 5 fei-�. �` 13. /V0 aids rgeo Lvt W 1e IK m "66nc• Ptroxe. ea C/ Date `Uovetroe41 xo, 2uo If you are not the owner of the land in question St vous n'etes pas le proprietore du terrain en question, please have the owner sign below. The signature of veuillez obtenir /a signature du proprietaire dons la parlie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de to presente demande pour que cette derniere snit examinee par le conseil communal. Signature of Owner (if applicable) Signature due propribtaire (s)l y a heu) �1 ✓emkI'0e 262 " r ACtrCk( Dc,aceT- mis.ca - Property Details 072814 ell) ly D.7 ZS IL/ it MLS& 072814 Real Estate Type : Single Family Building Type : House Bedrooms Bathrooms Bathrooms (Partial) Interior Floor Space Storeys Land Size Location 4 2 0 2400 sgft 3 6000 SQFTI under 1/2 acre 10 ST.JAMES ST SAINT JOHN, NB E2X IT9 General Description Standing proud since the 1870's, this winderful home still stands watch over water vessels entering our city harbour. A combination of today's living blends with the charm of yesteryears features makes this home a must to view for those craving uptown living. High ceilings, rope mouldings on door frames, working fireplace, large foyer and the generous size rooms mix well with the open concept kitchen /familyroom with patio doors to deck to view the cruise ships coming and going. 2 full baths with whirlpool tubs, 4 bedrooms up, large laundry room, thermo pane double hung windows, new oil tank, tar & gravel roof only 15 yrs old and as a plus -off street parking plus a 2- bedroom apartment for extra Income. All Information to be verified by purchaser prior to closing. ... _........_.... Property!� :14.6X14.6 Family room : 13.5X14.6 Access : year-round access Structures : Deck Building Type : House Flooring : Hardwood Interior Floor Space : 2400 sgft Storeys :3 Style : Detached Roomsl Other Kitchen :14.6X14.6 Family room : 13.5X14.6 Living room : 16.3X16.2 Other :12.4X12.6 Foyer :11.2X17.7 Master bedroom : 15.7X15.6 Den : 11.11X12.9 Bedroom :8.9X10.1 Bedroom : 17.3X13.3 Laundry room : 15.9X5.6 Bath (# pieces 1.6) : 8.4X10 Heating Heating Fuel : Electricity Heating Type : Not known Oil Not known Baseboard heaters Land) Land Size : 6000 SQFTlunder 1/2 Page 1 of 2 _i For Sale:$234,500 SUE FULLER Salesperson Sales Person Telephone: 506 - 333 -7866 Fax: 506- 642 -7770 EXIT REALTY SPECIALISTS (S181) 550 Somerset Street, Suite 200 Saint John, New Brunswick Telephone: 506 -642 -3948 Fax: 506- 642 -7770 http: / /www.mis.ca/PropertyDetails. aspx? vd=& SearchURL ° %3tMode %3d5 %26id %3dO7... 11/22/2007 Page 1 of 1 http: // images. mis. ca / listings /reb84/highres /4/72814_2.jpg 11/22/2007 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 and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485, from Medium Density Residential to Approved Commercial Development classification; ARRETE N° C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lots dune reunion du Conseil communal, The City of Saint John a edicte ce qui suit : L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 590 metres carres, situee au 10, rue St. James, et portant les NID 00001735 et 55061485, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve; 2 Adding the following to the list of 2 Fajout de la parcelle de terrain Approved Commercial Developments in suivante a la liste des amenagements sub - section 2.4.6.28: commerciaux approuves a Falinea 2.4.6.28 : "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire r) une parcelle de terrain d'une superficie d'environ 590 metres carres, situee au 10, rue St. James, et portant les NID 00001735 et 55061485, u - toutes les modifications sent indiquees sur le plan ci -joint et font partie du present arrdte. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes: 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 ;l 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, December 4, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 ❑x 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 PROJET DE MODIFICATION DU PLAN AMENDMENT MUNICIPAL RE: 10 ST. JAMES STREET OBJET: 10, RUE ST. JAMES Public Notice is hereby given that the Common Par les pr6sentes, un avis public est donn6 par Council of The City of Saint John intends to lequel le Conseil communal de The City of Saint consider an amendment to the Municipal John a ]'intention d'6tudier la modification du plan Development Plan which would: d'amdnagement municipal comme suit: 1. Redesignate on Schedule 2 -A and 2 -C of the 1. la reclassification, a ]'annexe 2 -A et 2 -C du plan Plan, from Medium Density Residential to d'une parcelle de terrain d'une superficie d'environ Approved Commercial Development, a parcel of 590 metres carr6s, situe'e au 10, rue St. James, et land with an area of approximately 590 square portant les NID 00001735 et 55061485, de zone metres, located at 10 St. James Street, also residentielle de densite moyenne a zone identified as being PID Numbers 00001735 and d'amenagement commercial approuve. 55061485. 2. 1'ajout de la parcelle de terrain suivante a la liste 2. Add the following to the list of Approved des amdnagements commerciaux approuv6s a Commercial Developments in sub - section 2.4.6.28: 19alin6a 2.4.6.28 : "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. cc r) une parcelle de terrain dune superficie d'environ 590 metres carres, situ6e au 10, rue St. James, et portant les NID 00001735 et 55061485.» Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entree, A 116tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la d6signation s'y rapportant de zone d'6dification de logements multiples sur terrain intercalaire o RM -IF » a une zone Commerciale, et permettre Famemagement d'un bureau d'affaires a l'interieur du batiment existant. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 16 janvier 2008 a ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours f6rie's. J. Patrick Woods, Common Clerk J. Patrick Woods, Greffier communal City of Saint John P. O. Box 1971 Saint John, N.B. EM 4L1 658 -2862 City of Saint John C. P. 1971 Saint John, N. -B. EM 4L1 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 10 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "r) a parcel of land with an area of approximately 590 square metres, located at 10 St. James Street, also identified as being PID Numbers 00001735 and 55061485." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 17, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to a business zone, and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 16, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L 658 -2862 --- ----- ------ - - - - -- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 10, RUE ST. JAMES Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'amenagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 590 m6tres carres, situee an 10, rue St. James, et portant les NID 00001735 et 55061485, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve. 2. Pajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a Falinea 2.4.6.28 : a r) une parcelle de terrain dune superficie d'environ 590 m6tres carres, situee an 10, rue St. James, et portant les NID 00001735 et 55061485. » Une pr6sentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 17 decembre 2007 dans la salle du conseil, au niveau du hall d'entr6e, a ]'hotel de Ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer Is designation s'y rapportant de zone d'e'dification de logements multiples sur terrain intercalaire a RM -IF » e une zone commerciale genbrale « B -2 >>, et permettre Fam6magement d'un bureau d'affaires a l'int6rieur du b5timent existant. Veuillez faire part an conseil par 6crit de vos objections an projet de modification an plus tard le 16 janvier 2008 A ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal on le 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 an vendredi, sauf les jours f6rie's. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N.-B. E2L 4L1 6582862 November 27, 2007 / 27 novembre 2007 Ms. Berthe Hatt PO Box 6895 Saint John, NB E2L 4S3 Dear Madam: Re: 10 ST. JAMES STREET Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, January 16, 2008, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, Monsieur, Madame, Objet: 10. RUE ST. JAMES Vous trouverez ci- annexee une copie de I'avis public relatif a une modification envisagee au plan municipal en vue de la redesignation de la propriete ci- dessus. Apres la date de reception des objections, c'est -a -dire le 16, Janvier, 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, Madame, 1'expression de nos sentiments distingues. Elizabeth Gormley Assistant Common Clerk / Greffiere communal adjointe EG /mjs encl. The City of Saint John December 17, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 243 Princ William Street and 230 Water Street A Public Presentation was made on November 5, 2007 of a propo Municipal Development Plan which would which would re- designa and 2 -C of the Plan, the approximate southern half of a parcel of I approximately 5640 square metres, located at 243 Prince William Street, also identified as being PID Number 00006676 from Trans Density Residential to Uptown Regional Centre; and amend Sche expanding the Uptown boundary to include the same portion of thi of the Low Intensity Mix area within the Uptown. ;ed amendment to the e on Schedule 2 -A nd with an area of Street and 230 Water iortation and Medium lule 6 -A of the Plan by parcel of land as part The required advertising has been completed, and attached you will find a copy of the public notice of the proposed municipal plan amendment and inse ion order. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Plannin Advisory Committee for a report and recommendation and authorize the necessary ad ertising with a Public Hearing to be held on Monday, January 21, 2008 at 7:00 p.m. in t e Council Chamber, or not to proceed with the proposed amendment process, and adc pt a resolution to deny the application and receive the attached documentation for inform ition. Respec I ubmitted, Elizabeth Gormley Assistant Common lerk Attachment /G SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L41 I owwv.saintjohn.ca C;,P. 1971 Saint John, N.-B. Canada E2L41-1 I 3� �? REPORT TO COMMON CO October 18, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment 243 Prince William Street/230 Water Street (Former Grain Elevator Site) BACKGROUND: At its April 23, 2007 meeting, Common Council adopted a reso . fee simple absolute interest in the above -noted property to Eller Inc., subject to a number of conditions including the applicant o satisfactory rezoning of the property for its proposed mixed con residential development. At that time Council also authorized E Investments Ltd. to apply for rezoning. ANALYSIS: Since the date of the above -noted resolution, there have been fi: with the developer, and a draft agreement of purchase and sale by the City Solicitor's office for the developer's review. The de preparing a rezoning application and expects to submit it in the The northern half of the subject site is currently designated Uptoi Centre on Schedules 2 -A, 2 -C and 6 -A of the Municipal Plan. H< southern half is currently designated partly Transportation and p Density Residential and, therefore, will require an amendment to Plan. In anticipation of the developer's application for rezoning, i recommended that the City initiate the Municipal Plan amendmei NCIL on to sell the Investments ;r discussions been prepared per is x future. z Regional vever, the tly Medium ie Municipal is process. MI City of Saint John Report to Common Council Page 2 October 18, 2007 RECOMMENDATION: That Common Council initiate the process to consider a Municipa Plan amendment for the former Grain Elevator site, located at 243 Prin e William Street /230 Water Street, in anticipation of a rezoning application r a mixed commercial - residential development of the site. Respectfully submitted, Jim R. Baird, MCIP Cnmmiccinner Development Terrence Totten, F City Manager JRB /r I PROPOSED MUNICIPAL PLAN AMENDMENT RE: 243 PRINCE WILLIAM STREET AND 230 WATER STREET 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: a) redesignate on Schedule 2 -A and 2 -C of the Plan, from Transportation and Medium Density Residential to Uptown Regional Centre, the approximate southern half of a parcel of land with an area of approximately 5640 square metres, located at 243 Prince William Street and 230 Water Street, also identified as being PID No. 00006676, as illustrated below; b) amend Schedule 6 -A of the Plan by expanding the Uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the Uptown. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 5, 2007 in the Council Chamber, Lobby Level, City Hall. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 243, RUE PRINCE WILLIAM ET 230, RUE WATER Par les pr6sentes, un lequel le conseil corm John a ]'intention d'6 plan d'am6nagement in a) la reclassificat plan, de zone de residentielle de densit regional centreville, t sud d'une parcelle d'environ 5 640 m6tn Prince William et au NID 00006676, com dessous : b) par Pc inclure faisant densit6 la modificatic xtension des cette partie de partie de la i A 1'int6rieur du (INSERER LA Une presentation modification aura li ordinaire du conseil novembre 2007 dans du hall d'entrde, A 1'h, REASON FOR CHANGE: RAISON DE LA P In anticipation of an application to rezone the En pr6vision d'une subject site for a mixed commercial and residential parcelle pour un an- development. residentiel. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 5, 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 Veuillez faire part objections au projet d 5 de'cembre 2007 A 1 toute demande de rc adresser au bureau c bureau de Purbanisme de ville au 15, Mark entre 8 h 30 et 16 h 3 les jours f6ri6s. J. Patrick Woods, 658 -2862 public est donne par de The City of Saint une modification du al comme suit: in A ]'annexe 2 -A et 2 -C du transportation et zone moyenne A zone de centre proximativement la moiti6 terrain d'une superficie carres, situ6e au 243, rue S0, rue Water, et portant le e le montre la carte ci- de Pannexe 6 -A du plan rites du centreville pour parcelle de terrain comme ion de M61ange A faible iblique du projet de au tours de la r6union nmunal pre'vue le lundi 5 salle du conseil, au niveau de ville. ATION : de rezonage de ladite t mixte commercial et conseil par 6crit de vos modification au plus tard le ttention du soussign6. Pour seignements, veuillez vous greffier communal on au t du d6veloppement A 1'h6tel Square, Saint John, N. -B., du lundi au vendredi, sauf communal PROPOSED MUNICIPAL PLAN RE: 243 PRINCE WILLIAM STREET AND 230 WATER 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: a) redesignate on Schedule 2 -A and 2 -C of the Plan, from Transport tion and Medium Density Residential to Uptown Regional Centre, the approximate southern half of a p cel of land with an area of approximately 5640 square metres, located at 243 Prince William Street nd 230 Water Street, also identified as being PID No. 00006676, as illustrated below; b) amend Schedule 6 -A of the Plan by expanding the Uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the Uptown. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 5, 2007 in the Council Chamber, Lobby Lev 1, City Hall. REASON FOR CHANGE: In anticipation of an application to rezone the subject site for a mixed commercial and residential development. Written objections to the proposed amendment may be made to the Council in care of the undersigned, by December 5, 2007. Enquiries may be made at the office of the Co on Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the ours 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 MUNIC AL OBJET: 243, RUE PRINCE WILLIAM ET 230, RUE ATER Par les presentes, on avis public est donn6 par lequel le conseil communal de The City of Saint John a 1'intention d'dtudier une modification du plan d'am6nagement municipal co a suit: a) la reclassification a 1'annexe 2 -A et 2 -C du plan, de zone de transp nation et zone residentielle de densite moyenne a zone de centre rJgional centreville, approximati ement la moitid sud d'une parcelle de terrain d'une superficie d'environ 5 640 metres carrds, situde au 43, rue Prince William et an 230, rue Water, et portant le NID 00006676, comme le montre la carte ci -des ous b) la modification de 1'annexe cette partie de la parcelle de terrain Fintdrieur du centreville. (INSERER LA CARTE) 6 -A du plan par 1'extension des fin comme faisant partie de la r6gion du centreville pour inclure Mdlange a faible densitd a Une presentation publique du projet de modification aura lieu au cours de la r union ordinaire du conseil communal pr6vue le lundi 5 novembre 2007 dans la salle du conseil, au hive u du hall d'entree, a 1'h6tel de ville. RAISON DE LA MODIFICATION: En prevision d'une demande de rezonage de ladite parcelle pour un amena ement mixte commercial et residentiel. j Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 5 d6cembre 2007 6 1'attention du soussign6. Pour toute demande de renseigne ents, veuillez vous adresser au bureau du greffier communal ou au bureau de l'urbanisme et du de'veloppe ent 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 f6ri6s. 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 Call to Action: J. Patrick Woods, Common Clerk/Greffier commun Phone: 506 658 -2862 Fax: (506) 674 -421 Telephone: (506) 65 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journa) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifleds Date(s): Tuesday, October 23, 007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centr, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ roposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier commun 1 Contact: Telephone: (506) 65 -2862 BY -LAW NUMBER C.P. 105 -_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETt No P. 105 - ARRETE MODIF T L'ARRE I L RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une r union du conseil John in Common Council convened, as communal, The City o Saint John a edicte follows: ce qui suit The Municipal Plan By -law of The L'arrete relatif 4u plan municipal de City of Saint John enacted on the 3rd day The City of Saint John decrete le of January, A.D. 2006 is amended by: 3 janvier 2006 est modi 6 par: 1 Redesignating on Schedule 2 -A and 2 -C of the Plan, the approximate southern half of a parcel of land with an area of approximately 5640 square metres, located at 243 Prince William Street and 230 Water Street, also identified as being PID No. 00006676, from Transportation and Medium Density Residential to Uptown Regional Centre classification; 2 Amending Schedule 6 -A of the Plan by expanding the Uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the Uptown - all as shown on the plan attached hereto and forming part of this by -law. 1 la reclassificati n a ]'annexe 2 -A et 2 -C du plan, approximativernent Is moitie sud d'une parcelle de terrain d'une superficie d'environ 5 640 metres carres, situee au 243, rue Prin4 William et au 230, rue Water, et portant 1e NID 00006676, de zone de transportation t zone residentielle de densite moyenne a zone de centre regional Centreville; 2 la modiftc plan par 1'extei Centreville pour ii parcelle de terrain la region de Mel l'interieur du centr - toutes les modificati le plan ci joint et font arr@te. IN WITNESS WHEREOF The City of EN FOI DE QUOI, 7 Saint John has caused the Corporate a fait apposer son sc Common Seal of the said City to be affixed present arrete le to this by -law the * day of *, A.D. 2007 signatures suivantes and signed by: Mayor Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxie'me lecture Third Reading - Troisieme lecture de ]'annexe 6 -A du des limites du cette partie de la ne faisant partie de I faible densite a sentindiquees sur ie du present City of Saint John x communal sur le 2007, avec les December 17, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 475 City L�Ine /Fort Dufferin A Public Presentation was made on November 5, 2007 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 6.72 hectares, located at 475 City Line /Fort Dufferin Road, also identified as being PID Number 00390104 from Transportation and Open Space to High Density Residential. The required advertising has been completed, and attached you will find a copy of the 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, January 21, 2008 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. Respe submitted, Elizabeth Gormley Assistant Common lark Attachment (P & SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 I01 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et h VarI surf le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/Nom du demandeur Hushes Surveys & Consultants. Inc. on bdhalf of Larnbton Greens Inc Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street Telephone Number / Numdro de tdldphone Home / Domicile Fax Number / Numdro de tdldcopieur 634 -0759 Postal Code / Code postal E21, SE9 work / Travail 63j4 -1717 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) McNulty Cartage (1987) Ltd Address / Adresse299 Golden Grove Road Postal Code / Code postal:E2H 2V5 Property Information / Renseignements sur la proprikk Location / Emplacement City Line / Fort Dufferin Road 00390104 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 6,72 ha Frontage / Faoade sur rue Existing Use of Property/ Utilisation acwelle de la propridtd 51 me s on City Line 340 metres undeveloped street Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal Gpen space & Trapsportation Present Zoning / Zonage actuel P and 1-2 Amendments Requested / Modifications demandies Municipal Plan / Plan municipal :Change Land Use Designation to / Modifier la ddsignation de Putilisation des terns a �. � ,.1 and/or /ou ❑Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez its ddtails en annexe) Zoning By- law / Arr @td sur le Zonage :Change Zoning to / Modification du zonage d High Rise Multipal Residential (RM -2) and/or /ou 11 Text Amendment (indicate particulars on attachment) / Modification due texte ( indiquez les ddtails en annexe) Development Proposal / Proposition d'am €nagement Description of Proposal / Description de la proposition The proposal is to develop a high density residential project with a mix of one, two and three bedroom also feature under rg_ound parking in the basement area The project will pe developed in three phases The first phase would consist of a building having approximately eight stories and the amenity space /parking structure that will join the future buildings. The two remaintne high -rise structures would be developed as subsequent phases. The site was chosen because of its pFoximity to the harbour, view of Partridge Island and, to the east, the city skyline and harbour. Outdoor surface parking will primarily be reserved for visitors and people servicing the project. Amenities to be ipcluded in the project include a tennis court, pool, gymnasium, sauna, and health centre, which would be ,constructed as part of the first phase. The developer's are particularly impressed with the initiatives undertaken by the City with respect to Harbour Passage and a focus on the inner and outer harbour areas including Partridge Island. They see the development and control of the waterfront area through an extension to Harbour Passage as a positive asset to their development therefore are including a provision to convey a significant portion of the waterfront area to the City of Saint John for future inclusion in the Harbour Passage concept. Design and marketing for or a project of this nature is estimated to take one and a half to two years from the time approvals are granted, with the project reaching build -out within approximately ten years. The developers have conducted an extensive study of the Saint John region and see the timing and economic conditions are riaht for a proiect of this nature. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other farm of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site i proposition. Vous pouvez egalemen photographies, des plans de bdtime d'elevation et toute autreforme de; site doit indiquer les dimensions de 1'emplacement de la totalitj des bdt aires de stationnement, des amenag panneaux de signalisation. 11 est im distance entre les limiter de la nron l'dchelle illustrant votre fournir des t, des dessins de plan nseignement. Le plan du a propriete, nents, des allies, des ments paysagers et des ortant d'indiquer la iitj et les bdtiments. Provide reasons why these amendments should be approved. / Foumir les raisons pour les quelles les modifications devraient titre approuvdes. Inner Harbour Land Use Plan and Implementation Strategy. Potential of the development of the trail to rcuuirittent of reclevlpping it twrtitm of City Lim; [toad to establish a suitable a}tyeicgl uccuss to the Signature of Applicant / Signature du demandcur irveys & Consultants Inc. Signature of Applicant / Signature du demandcur Sttpev.�e 57=8 to( �fltngNfn Glreens Ina. Date 4OPPIk 5400 Application flee Enclosed / Ci -joint les frais de demands do 400 S 1J'you are not the owner y'the land In question plame have the owner sign below. The signature q the owner authorizing thty application to proceed it required fbr consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date 2 St vous nVies pas le propridtaire Ala terrain en queetlon, venillez obtenir to signature die propridtaire dons to partie ci- dessous. La signature du proprlidtaire autorivant le trailement de la prdsente demandif ew requise pour quo Celle dernir?re soil examinee par le cooved communal. „_,._ Sea attached authorization £0d woLZ:To L00Z 6Z 'daS . 'ON 3NOHd XddiQdl O?UoSeUed : w06j I FROM : Panasonic TAD /FAX PHONE NO. : Sep. 29 2007 01:27AM P02 1, Floyd Williston, President of McNulty Cartage (1987)1A. have entered into an Agreement of Purchase and Sale with Lambton Greens Inc. for: Iands known as 131D 9 00390104, known as the Fort Dufferin site shown on the attached plan together with an associated right of ways or interests, and hereby authorize Lambton Greens Inc. and lhcir consultant, Hughes Surveys & Consultants lne. to make application for Municipal. Plan Amendment and Reoninjg of the above noted properties. q1oy6 V is on, President �-- McNulty Cartage (1987) Ltd. G Date PROPOSED MUNICIPAL PLAN AMENDMENT RE: 475 CITY LINE/ FORT DUFFERIN 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 Transportation and Open Space to High Density Residential, the following property: A parcel of land with an area of approximately 6.72 hectares, located at 475 City Line/Fort Dufferin Road, also identified as being PID No. 00390104, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 5, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land to "RM -2" High Rise Multiple Residential for development of high - rise condominium buildings. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 5, 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: 475, LIGN4 CITY/ CHEMIN FORT DUFFERIN Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a 1'intention d'etudier une modification du plan d'amenagement municipal visant a faire passer la classification du bien «fonds suivant, a 1'annexe 2- A du plan, de zone de transportation et zone des espaees vents a zone residentielle d haute densite une parcelle de terrain d'une superficie d'environ 6,72 hectares, situ6e au 475, ligne City /chemin Fort Dufferin, et portant le NID 00390104, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une pr6sentation publique du projet de modification aura lieu au cours de la reunion ordinaire du conseil communal prevue le lundi 5 novembre 2007 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre de faire passer la designation de la parcelle a Zone de tours d'habitations a logements multiples afm de permettre 1'am6nagement de tours de condominiums. Veuillez faire part an conseil par e'crit de vos objections an projet de modification an plus tard le 5 decembre 2007 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal on au bureau de l'urbanisme of du de'veloppement a 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. J. Patrick Woods, greffier communal 658 -2862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 475 CITY LINE/ FORT DUFFERIN ROAD Public Notice is hereby given that the Common Council of The City of SaintlJohn intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Transportation and Open Space to High Density Residential, the following property: A parcel of land with an area of approximately 6.72 hectares, located at 475 City Line/Fort Dufferin Road, also identified as being PID No. 00390104, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 5, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land to "RM -2" High Rise Multiple Residential for development of high -rise condominium buildings. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 5, 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: 475, LIGNE CITY/ CHEMIN FORT DUFFERIN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'etudier une modification du plan d'amenagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2 -A du plan, de zone de transportation et zone des espaces verts a zone residentielle a haute densite : une parcelle de terrain d'une superficie d'environ 6,72 hectares, situ& au 475, ligne City /chemin Fort Dufferin, et portant le NID 00390104, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu an cours de la reunion ordinaire du conseil communal prcvue le lundi 5 novembre 2007 dans la salle du conseil, au niveau du hall d'entree, a Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre de faire passer la designation de la parcelle a Zone de tours d'habitations a logements multiples afin de permettre 1'amenagement de tours de condominiums. Veuillez faire part an conseil par ecrit de vos objections an projet de modification au plus tard le 5 decembre 2007 'a 1'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser an bureau du greffier communal on an bureau de 1'urbanisme et du developpement A Fh6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. J. Patrick Woods, greffier communal 658 -2862 i r i �l , 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, October 23, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Common Clerk's Office P.O. Box /C.P. 1971 Bureau du greffier communal Saint John, NB, /N. -B. Canada E2L 4L1 n w.saimlohn.ca October 18, 2007 / 18 octobre 2007 The City of Saint john Hughes Surveys & Consultants on behalf of Lambton Greens Inc. 575 Crown Street Saint John, N.B. E2L 5E9 Dear Sir or Madam: Monsieur, Madame, Re: 475 City Line /Fort Dufferin Rd. Objet: 475, Ligne City Chemin Fort Dufferin Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, December 5, 2007, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, atrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. Vous trouverez ci- annex &e une copie de I'avis public relatif a une modification envisag &e au plan municipal en vue de la red&signation de la propri &t& ci- dessus. Apr &s la date de reception des objections, c'est- a-dire le 5 decembre 2007, le Conseil communal pourrait autoriser la publication des avis n&cessaires en vue de ('audience publique et demander les opinions du Comite, consultatif d'urbanisme. Veuillez agr&er, Monsieur, Madame, 1'expression de nos sentiments distingu &s. � { S / ! .:< � \ . : \ « �2 \p ; ; �)\§ • q �`4 \,t ! . y - � 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 6.72 hectares, located at 475 City Line/Fort Dufferin Road, also identified as being PIT) No. 00390104, from Transportation and Open Space to High Density Residential 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 ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit : L'arrete relatif an plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain dune superficie approximative de 6,72 hectares, situee au 475, ligne City /chemin Fort Dufferin, et portant le NID 00390104 de zone de transportation et zone des espaces verts a zone residentielle a haute densite; - toutes les modifications sont indiquees sur le plan ci j oint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi&me lecture Third Reading - TroisiBme lecture P.O. Box 1971 5 tvlarket Sgiojre Saint John New Brunswick ii Canada E2L41,1 i City of Saint John December 3, 2007 Mayor McFarlane And Members of Common Council Your Worship and Member of Common Council RE: Snow Removal Program for Seniors and Persons with Disabilities Please find attached a brochure on the above noted from Halifax. The program provides subsidy to help cover the cost of snow removal for those who qualify. The partnerships between the Regional Municipality and the community may be one we should consider. The benefits of such a program to citizens and the city should be investigated in conjunction with Vision 2015. I fully appreciate this will not be considered for this year — maybe next. Motion —To Refer to City staff for consideration and possible recommendation. Respectfully submitte Councillor Titus G C rD (D z OO �D n rD Q- bR`/ N �. C cn � O O � °z o w � o rt O C7' or C � o rt N oCD o n � � o C) L CD CD �C o O C rn n rD 'PL" n rt C� O �- w z "c- o CD ZrL �:r o O CD Q- o cr o ° ° rD FFi+. � i•D %• Cn CD � O G "t pD Y' �rt� n rD n ... (� O O n r or C C �:r p w o x CD C O b� to n P7" rD 'S O �' (J) CD w > rD CD a oc n � O rt o � c rD rt O CD nrD CL r� rt P rD i M rt CD � b e C � O �■ cv N N � rD 409 _■ is �7A fpD c rt Oh C G O.. CD O z 0 C?7 CD rt h � O . CD rD O � .Q Q(D4 C v,' aD �• O O w'-t � 0 c O rt rt �C O 0. 'O (~D �y �o L es e 1 t ' ;i= e a' � R Wb. AI1. e 1� w. JL s Y n i T 4 1 t ' ;i= e a' � R Wb. AI1. e 1� w. JL �C ri. 1 g ®/ fD G H � 9 O � R � N UQ CD C rr r-r �G G H rf� rt r� �•C O O G Z for � O � O �. rn Poo C P� cr�a W 0 some own goo rt go O rot O °+ G Q go n CD ¢ s Y n �C ri. 1 g ®/ fD G H � 9 O � R � N UQ CD C rr r-r �G G H rf� rt r� �•C O O G Z for � O � O �. rn Poo C P� cr�a W 0 some own goo rt go O rot O °+ G Q go n CD ¢ December 6, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors, On November 29th, 2007, 1 met with Scott Crawford, Youth Development Manager for The Teen Resource Centre and St. Malachy's High School student Bradley Snodgrass, Youth Ambassador — New Brunswick Service Day. The purpose of the meeting was to request my participation as a committee member and as liaison to Council for the upcoming Global Youth Service Day. Global Youth Service Day, the largest service event in the world, mobilizes youth to identify and address the needs of their communities through volunteering. It also supports youth to make educated choices and exhibit hospitality around their communities, while educating the public, the media and policy makers about the year -round contributions of young people as community leaders. More than 200 National and Global Partners organize thousands of projects each year in the United States and 150 other countries The Teen Resource Centre has been selected to lead this project for New Brunswick. The TRC provides "One Stop Shopping" for youth, between the ages 12 -24 where they can access health services, self - development programs, work readiness and life skill programs, recreation and community services. Their goal is to engage over 1000 youth to participate in projects around Saint John from April 25 — 27 2008. This is an amazing honor for our Teen Resource Centre and I am thrilled to have been asked to participate. I have accepted and will keep Council updated on their progress as they move forward. Motion: Receive and file Respectfully Submitted, Received by e -mail Michelle Hooton Deputy Mayor December 6, 2007 His Worship Mayor Norm McFarlane And Members of Common council Your Worship and Council, At my meeting of November 29, 2007 with Scott Crawford Youth Development Manager of the Teen Resource Centre, he raised concern over the inability for many at risk teens not being able to access the Centre after school because of their inability to find transportation home. The teens currently have bus passes that expire daily at 5 pm. If those bus passes could be extended to 7 pm daily, the teens would then be able to utilize the Teen Resource Centre after school. Mr. Crawford indicated that the Teen resource Centre would be willing to participate in verifying attendance at the centre to assure that the extension is being respected. Motion : Refer To Saint John Transit to make arrangements for teens needing extensions to allow access to the Teen Resource Centre. Respectfully submitted, Received by e -mail Michelle Hooton Deputy Mayor December 12, 2007 Mayor and Councillors, Subject: December 4 Parking Ban within the South Central Saint John Background: On December 4, 2007, the City of Saint John announced a Parking Ban for the uptown area. Over 40 cars were ticketed and over 25 cars were towed as a result. Many residents challenged the present system due to lack of adequate communication policies. The Parking Ban was announced early that morning for that same night and a press release was distributed to the media. Unfortunately, due to the quickness of events only the radio stations announced the ban, as well as, an updated Parking Ban hotline number and an email distribution list. Present: Most sustainable cities have beautiful and populated uptown cores. When thinking on how to increase the population of our uptown core we must take challenges and overcome them with viable solutions. One such challenge is to create a solution for the lack of communication to the affected areas during Parking Bans. Although we realize present procedures have been followed by staff and approved by Council, there must always be room for improvement. Proposal: During Parking Ban nights we realize that the resident is not intentionally violating the bylaw when parked on streets overnight. Therefore, is it not reasonable to instruct the Police Department to call the auto owners in question with a courtesy call? 250 calls would be unreasonable but if there are only 25 calls to make it should be ordered. In addition, when the snow season is approaching, we must have enough notice and excessive communications with the public with respect to the policies and procedures surrounding Parking Bans. My Motion: Refer to City Manager for consideration of the proposal and to come back during our next Council Meeting with a report. Yours truly, Received by e -mail Jay -young Chang REPORT TO COMMO n ' 1� M & C 2007 - 389 December 11, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, PRINCE STREET — TRAFFIC BY -LAW BACKGROUND COUNCIL 7 I YY�IRiTST On September 10, 2007, Council referred a citizen request to staff for a report and recommendation to establish a "No Commercial Trucking Zone on Prince Street ". F &WT:`jkV1_ 7 The City of Saint John Traffic By -Law, Schedule K — T ck Routes, currently designates Prince Street, between Ludlow Street and Lancaster Avenue, as a truck routo with a speed limit of 50 kilometres per hour. In April 2002 a Saint John Throughway Access and Truck Tr f c Study was commissioned from ADI Limited for the City of Saint John and the Province of New Brunswic . One component of the study focused on west Saint John truck route issues. The report included a review of truck routes to the west side Ferry Terminal and the Port and states: "Once Simms Corner is reconfigured, as plam side of the Throughway, the Simms Corner ar( should be directed to use the Catherwood 5 Boulevard to the Throughway. Trucks wo Place /Throughway interchange to access the Lancaster Avenue, Dufferin Row, Duke Street F longer allow through truck traffic. This shoudc Simms Corner are completed to avoid additional ad, truck traffic from the north t, going to the Ferry Terminal Beet interchange via Fairville Id be routed to the Market Ferry Terminal or the Port. ?st and Prince Street would no be done after improvements to ruck traffic on Harding Street ". M&C 2007 — 389 Prince Street— Traffic By -Law Amendment December 11, 2007 Page 2 Presently there are four existing truck routes into the Port / F Row /St. John Street/Market Place, Prince Street, Duke Street four routes are not required, therefore staff recommend a designated truck route between Ludlow Street and Lancaster . Council should be aware that removing Prince Street as a ti traffic on Duke Street West and Harding Street; however, utilizing the existing truck route of Lancaster Avenue /Duffer should also be aware that whenever possible, truck traffic s (Route 1) when traveling to the Ferry Terminal and Port as traffic and such volumes. To encourage the use of the Throughway (Route 1), Prince ! truck route as it is the easiest route for trucks to travel west fi Street West as a track route at this time will provide a sea Ferry Terminal/Port area. After the reconstruction of Simms Street West, and Harding Street would then be recommende system as was recommended in the April 2002 a Saint John 7 A By -law amendment has been prepared by the City Solic this session of Council with the said amendment attached in RECOMMENDATION It is recommended that Common Council amend the Traffic deleting Prince Street, between Ludlow Street and Lancaster Respectfully submitted, L J. M. Paul Groody, . Enis g. Commissioner, Municipal Operations & Engineering :rry Terminal area — Lancaster Avenue /Dufferin West and the Throu wa (Route 1). Currently this time that Prince Street be removed as a uck route at this time will likely increase truck a third option is still available to the Port by in Row/ St. John Street/ Market Place. Council ould be encouraged to utilize the Throughway ighways are constructed to handle heavy truck reet is being recommended to be removed as a m the Port/Ferry Terminal area. Leaving Duke dary means for trucks to travel west from the ,orner, Lancaster Avenue, Dufferin Row, Duke to be removed from the designated truck route �oughway Access and Truck Traffic Study. who has also submitted a report to Council at per form. "Schedule K" — Truck Routes by L. Totten, F.C.A. December 13, 2007 Common Council of The City of Saint John Your Worship and Councillors: Re: Traffic By -Law Amendment — Prince Street It has been recommended to Common Council that it amend the Traffic By- Law so as to remove Prince Street as a designated truck route. Section 113(1)(b.1) of the Motor Vehicle Act (Chapter M -17) authorizes local authorities (a "local authority" includes a municipality) to regulate the control of traffic and the use of Highways (a "highway" includes a public street) by commercial vehicles. The City has, at Section 19(1) of its Traffic By -Law, designated portions of streets listed in Schedule "K" as "Truck Routes ". Among the streets currently listed in Schedule "K"- "Truck Routes" is "Prince Street — Ludlow Street to Lancaster Avenue ". The attached amendment will result in the desired change. Common Council may, if it so wishes, give first and second reading to the attached amendment. Respectfully Submitted, John L. Nugent City Solicitor Attachment A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parretti de The City of Saint John intitule « Arrete relatif a la circulation dans les rues dans The City of Saint John edicte conformement a la Loi sur les vehicules d moteur (1973) et les modifications afferentes », decrete le 19 decembre 2005, est modifie comme suit: 1 Schedule K — "Truck Routes" — is amended 1 L'Annexe K — "Itineraires pour camions" — by deleting the following words under the est modifiee par la suppression des mots suivants following headings: sous les titres suivants : Street Limits Prince Street Ludlow Street to Lancaster Avenue 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 signed by: Mayor /Maire Rue Limites Rue Prince De la rue Ludlow a Pavenue Lancaster EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal 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 December 12, 2007 Your Worship and Councillors: SUBJECT: Rezoning Application - 1010 Grandview Avenue On December 3, 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 December 11, 2007 meeting. Mr. Dennis McCarty, one of the directors of New Wave Electric Co. Ltd., appeared to speak on behalf of the application. Mr. McCarty indicated that he was in agreement with the recommendation made by staff, and offered some elaboration on the nature of the proposed office use. One letter of objection, signed by several neighbouring property owners, was received by the Committee and is attached. After discussing the application and site conditions, the Planning Advisory Committee adopted the revised recommendation as set out below: RECOMMENDATION: That Common Council rezone a parcel of land located at 1010 Grandview Avenue, having an area of approximately 2,300 square metres (0.57 acres), also identified as being PID 336206, from "RS -2" One and Two Family Suburban Residential to `B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 1010 Grandview Avenue be subject to the following conditions: a. the use of the site is restricted to a business office, dwelling unit, personal service shop or retail store within the proposed building and the use is not to include an electrical workshop; b. the developer must pave all parking areas, manoeuvring areas and driveways with asphalt; Planning Advisory Committee December 14, 2007 Page 2 c. the developer must enclose all paved areas with continuous cast -in- place concrete curbs where deemed necessary by the Development Officer to protect the landscaping and facilitate proper drainage; d. the developer must provide adequate site drainage in accordance with a detailed drainage plan prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e. the developer must landscape all areas of the site not occupied by buildings, driveways, walkways or parking areas. This landscaping must include a solid hedge of vegetation or a board - on -board privacy fence along both side lot lines extending back beyond the driveway, parking area and building; and f. the site shall not be developed except in accordance with detailed plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of the building, driveway, parking and manoeuvring areas, signs, exterior lighting, landscaping and detailed elevation drawings of the proposed building. The approved plans must be attached to the application for building permits for this development and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 3. That Common Council withhold third reading of the proposed rezoning until such time as approval is received from the Department of Health for an on -site septic system, and a Watercourse and Wetland Alteration Permit, if required, is obtained from the Department of Environment. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 07-446 DATE: DECEMBER 7, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 11, 2007 Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 17, 2007. Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: New Wave Electric Co. Ltd. Name of Owner: New Wave Electric Co. Ltd. Location: 1010 Grandview Avenue PID: 336206 Municipal Plan: Low Density Residential Zoning: Current: "RS -2" One and Two Family Suburban Residential Proposed: `B -2" General Business Proposal: To construct and establish a business office for New Wave Electric Co. Ltd. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 17, 2007. New Wave Electric Co. Ltd. 1010 Grandview Avenue STAFF RECOMMENDATION TO COMMITTEE: Page 2 December 7, 2007 That Common Council rezone a parcel of land located at 1010 Grandview Avenue, having an area of approximately 2,300 square metres (0.57 acres), also identified as being PID 336206, from "RS -2" One and Two Family Suburban Residential to `B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 1010 Grandview Avenue be subject to the following conditions: a. the use of the site is restricted to a business office, dwelling unit, personal service shop or retail store within the proposed building; b. the developer must pave all parking areas, manoeuvring areas and driveways with asphalt; c. the developer must enclose all paved areas with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect the landscaping and facilitate proper drainage; d. the developer must provide adequate site drainage in accordance with a detailed drainage plan prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e. the developer must landscape all areas of the site not occupied by buildings, driveways, walkways or parking areas. This landscaping must include a solid hedge of vegetation or a board -on -board privacy fence along both side lot lines extending back beyond the driveway, parking area and building; and f. the site shall not be developed except in accordance with detailed plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of the building, driveway, parking and manoeuvring areas, sings, exterior lighting, landscaping and detailed elevation drawings of the proposed building. The approved plans must be attached to the application for building permits for this development. and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposed and condition identified herein; and New Wave Electric Co. Ltd. 1010 Grandview Avenue Page 3 December 7, 2007 3. That Common Council withhold third reading of the proposed rezoning until such time as approval is received from the Department of Health for an on -site septic system, and a Watercourse and Wetland Alteration Permit, if required, is obtained from the Department of Environment. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has advised that City water is available at this location and that a water meter is required and must be installed. City sewer is not available and approval for an on -site septic system from the Department of Public Health will be required. As well, this property is in a low -lying area with a short distance to a knoll in the west direction, therefore, it is not recommended to have a driveway at the proposed location. Building and Technical Services has advised that no Building Code concerns are apparent at this time. Fire Department has no objections to the proposal with the understanding that all construction will adhere to the National Building and Fire Codes. Building plans should be submitted to the Department of Public Safety for the purposes of plan review of a public assembly occupancy. It is the Department's understanding that hot works or hazardous materials are not part of this application; otherwise the Department would have further comments. On a final note, it is the Fire Department's expectation that a business sign at this location would either provide the civic number for the property or, at a minimum, not be positioned in a way that would block the civic numbers as posted on the property. N.B. Department of Public Health and Wellness indicated, in a telephone conversation with staff, that this type and size of operation could be considered on the subject site as it is serviced with City water. The Department noted that they could not give any definitive indication as to whether the site would be feasible for septic system until an application was made and the site analysis undertaken. As a result, the applicant is encouraged to make an application for an on -site septic system as soon as possible. ANALYSIS: The subject site is located on Grandview Avenue in East Saint John, across from the United Catena Training Centre and approximately 500 metres (1,640 feet) east of the New Brunswick Community College. The site is approximately 2,300 square metres (0.57 acres) in area, and is currently vacant. There is a single family dwelling directly east of the subject site and a small residential subdivision across Grandview Avenue. The large parcel of land located behind and to the west of the subject site is assessed as being an abandoned gravel pit, and portions of it appear to be being used as a storage area for gravel, lumber and piping materials. This area is not visible New Wave Electric Co. Ltd. 1010 Grandview Avenue Page 4 December 7, 2007 from Grandview Avenue as it is set back approximately 160 metres (525 feet) from the street behind a treed portion of the lot currently zoned "RS -2" One and Two Family Suburban Residential. The applicant is proposing to rezone the subject site from "RS -2" One and Two Family Suburban Residential to `B -2" General Business to permit the construction and establishment of a business office for New Wave Electric Co. Ltd. The applicant has noted that the proposed173 square metre (1,862 square foot) building will resemble a residential dwelling and that the building will be used for offices, a reception area, and some storage in the basement. There will not be an operating electrical workshop on the premises. The Municipal Plan permits in residential areas those non - residential uses that are compatible with the residential neighbourhood or area. The Plan dictates that compatibility is to be evaluated with regards to the location of the site on an arterial or collector street, the architectural style of the building and it's suitability to the residential environment, the floor area being less than 1,200 square metres (10,764 square feet), and the use conforming to all other relevant provisions of the Municipal Plan and By -laws. As well, the Municipal Plan directs that the potential impact of non - residential uses should be mitigated by requiring them to meet suitable standards relating to: a) the location and treatment of parking areas; b) the minimum setbacks, side yards and rear yards; c) the arrangement of lighting facilities to ensure they do not shine into nearby residential use; d) the provision of buffer strips to separate such uses form adjacent residential uses; and e) the siting of buildings, landscaping and the location, size and type of signs used. As Grandview Avenue is designated as an arterial street and the applicant proposes to construct a residential style building with approximately 173 square metres (1,862 square foot), the proposed use is compatible with the Municipal Plan policies regarding non - residential uses in residential neighbourhoods. As well, the proposed use is unlikely to generate a large amount of traffic as the applicant has stated that there will only be 5 out of 15 employees working from this location: a general manager, a secretary, and three partners who will only be in the office part of the time. The subject site, with approximately 2,300 square metres (0.57 acres), is large enough to accommodate the proposed use and three required parking spaces; however, there are several issues which will need to be dealt with prior to development. The attached site plan will need to revised to provide the required 3 metre (9.8 foot) side yards on both the east and west side lines, New Wave Electric Co. Ltd. Page 5 1010 Grandview Avenue December 7, 2007 the driveway will need to be relocated, and the parking area will likely need to be reconfigured to meet the requirements of the Zoning By -law and to allow for adequate manoeuvring room. As well, although the Zoning By -law requires only three parking spaces for a business office of this size, there should be one on -site parking for each of the five employees anticipated to be working at this location. These revisions should be possible given the size of the site; however, development within 30 metres (98.5 feet) of the brook forming the rear property line of the subject site may require a Watercourse and Wetland Alteration Permit from the Department of Environment, and this may constrain the layout. As well, the subject site is not provided with City sanitary sewer, and will thus require an on -site sewage disposal system. The Department of Health generally requires a minimum lot area of 4,000 square metres (1 acre) for both on -site well and septic services and approval for a septic system will be required before any construction can take place. The applicant has not yet applied for approval of the required septic system as he wished to have more reassurance regarding this application before proceeding. The proposed use can be considered appropriate given the small nature of the proposed operation and the mixed nature of this area with the United Catena Training Centre and New Brunswick Community College. As such, the proposed rezoning can be supported subject to standard conditions regarding the use and development of the site, including the parking, landscaping and drainage. It should be clear; however, that the proposed development cannot proceed without the approval of the Department of Health and the Department of Environment (if any development, including the clearing of trees, will take place within 30 metres of the brook). It is therefore recommended that Common Council withhold third reading of the proposed rezoning until this critical approval has been obtained. SKH Project No. 07 -446 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT N RM-`i : : : R M- I •.vv ` • \� l \ S \ \ \2 \�/ \ i i i i i 0 c •.` • \ 17> x .�. RS- 2 s � •• t ' •e PQOW Subject Site /site en question: Location: 1010 avenue Grandview Avenue Date: November 26, 2007 Scale /echelle: Not to scale /Pas a I'echelle PI D(s) /N I P(s): 00336206 �t t a►% Z d W 2 0 I I I t t t� ob � k :t �F 4 i.w I