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2008-01-21_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, January 21, 2008 Committee of the Whole 1. Call to Order 5 :00 p.m. 8th Floor Boardroom City Hall 1.1 Legal Advice 10.2(4)(f) 1.2 Legal Opinion 10.2(4)(f,g) Regular Meeting 1. Call to Order — Prayer 5:20 p.m. 2. Approval of Minutes 2.1 Approval of January 7, 2008 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Board of Police Commissioners Election Results (Recommendation: Receive for Information) 5.2 Maritime Idol Request for Sponsorship (Recommendation: Receive for Information) 5.3 Letter from Eric Teed Wheelchair Access (Recommendation: Refer to Ability Advisory Committee) 5.4 Community Arts Board Request to Present (Recommendation: Refer to Clerk to Schedule) 5.5 Horticultural Assoc Request to Present (Recommendation: Refer to Clerk to Schedule) 5.6 Letter from Ranji Singh Closure of Red Head Rd (Recommendation: Refer to City Manager) 5.7 National Heritage Day (Recommendation: Refer to Heritage Committee) 5.8 Fundy Food Festival Grant Request (Recommendation: Refer to City Manager) 5.9 School District 8 Request to Present (Recommendation: Refer to Clerk to Schedule) 5.10 Storm Water Management Westgate Glenwood Catchment Area (Recommendation in Report) 5.11 Public Hearing Date 557 Westmorland Rd (Recommendation in Report) 5.12 Reprinting of City Tour Map (Recommendation in Report) 5.13 Engagement of Engineering Consultants 2008 Capital Program (Recommendation in Report) 5.14 Appointment of Officers for Enactment of Municipalities Act (Recommendation in Report) 5.15 Eider Rock Refinery Environmental Review EIA Status (Recommendation in Report) 5.16 Unspecified Grants (Recommendation in Report) 5.17 Change Order for Harbour Passage Phase 111 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 "Celebrate What's Right with the World" Proclamation 8. Delegations / Presentations 6:00 p.m. 8.1 River Valley Community Alliance 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -law Amendment 917 Fairville Blvd. 9.1(b) Planning Advisory Committee Recommending Proposed Rezoning 9.2(a)(b) Proposed Municipal Plan and Zoning By -law Amendments 475 City Line Fort Dufferin Rd 9.2(c)(d) Planning Advisory Committee Recommending Proposed Amendments 9.3(a)(b) Proposed Municipal Plan and Zoning By -law Amendment 243 Prince William St and 230 Water St 9.3(c)(d) Planning Advisory Committee Recommending Proposed Amendments 9.4 Proposed Street Closing Tiffany St 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 10 St. James St 10.2 Proposed Development Scheme By -law Amendment Heather Way, Grandview Ave and Wyatt Cres 10.3 Proposed Municipal Plan Amendment 117 Carleton St 11. Submissions by Council Members 11.1 LNG Goods and Services Taxation (Councillor Farren) 11.2 Newport Villages Affordable Housing Project (Councillor McGuire) 11.3 Request for Update Minimum Property Standards Bylaw (Councillor McGuire) 11.4 Provincial Court House (Deputy Mayor Hooton and Councillor Titus) 11.5 Heritage Week Recognition (Deputy Mayor Hooton and Councillor Titus) 11.6 Information Sessions for Potential Candidates for Municipal Elections (Councillor Chase) 12. Business Matters - Municipal Officers 12.1 Winter Snow Control Services 13. Committee Reports 13.1 SJ Non Profit Housing Request for Grant 13.2 Parking Commission Communications Plan for Snow Bans and Alternate Side Parking 13.3 Parking Commission Purchase and Demolition of Properties 63 and 65 Carleton St 13.4 Revised 2008 Budget for Uptown Saint John Inc. BIA Levy 13.5 Police Justice Steering Committee Service Contracts 13.6 Police Justice Steering Committee Public Consultation Process 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 21 janvier 2008 Comite plenier 1. Ouverture de la seance 17 h Salle de conference du 8e 6tage a Fhotel de ville 1.1 Avis juridique alinea 10.2(4)f) 1.2 Avis juridique alinea 10.2(4)f,g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17h20 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la seance tenue le 7 janvier 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 R6sultats du vote du Bureau des commissaires de la police de Saint John (recommandation : accepter a titre informatif) 5.2 Demande de commandite du concours Maritime Idol (recommandation accepter a titre informatif) 5.3 Lettre reque de Eric Teed relative a 1'accgs en fauteuil roulant (recommandation : transmettre au Comite consultatif sur les personnes handicap6es) 5.4 Demande pr6sent6e par le Conseil des arts communautaires voulant se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.5 Demande soumise par 1'Association des horticulteurs qui d6sire se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.6 Lettre reque de Ranji Singh relative a la fermeture du chemin Red Head (recommandation : transmettre au directeur g6n6ral) 5.7 Jour du patrimoine national (recommandation : transmettre au Comit6 du patrimoine) 5.8 Demande de subvention pr6sent6e par le Fundy Food Festival (recommandation : remettre au directeur g6n6ral) 5.9 Demande soumise par le district scolaire 8 qui d6sire se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.10 Gestion des eaux pluviales du bassin hydrographique de Westgate - Glenwood (recommandation formul6e au rapport) 4 5.11 Date d'audiences publiques relative au 557, chemin Westmorland (recommandation figurant au rapport) 5.12 R6impression de la carte du circuit touristique de la ville (recommandation formul6e au rapport) 5.13 Nomination d'ing6nieurs- conseils relative au programme d'immobilisations de 2008 (recommandation formul6e au rapport) 5.14 Nomination d'agents de promulgation de la Loi sur les municipalit6s (recommandation figurant au rapport) 5.15 Examen des effets environnementaux relatif a 1'6tude d'impact sur 1'environnement de la raffinerie a Eider Rock (recommandation formul6e au rapport) 5.16 Subventions non sp6cifi6es (recommandation figurant au rapport) 5.17 Ordre de modification pour la phase III du Passage du port (recommandation formul6e au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Proclamation de la j ourn6e « CELEBRONS le BIEN dans le monde 8. Delegations et presentations 18h 8.1 Alliance communautaire de River Valley 9. Audiences publiques 19h 9.1a) Projet de modification de 1'arrete de zonage visant le 917, bout Fairville 9. lb) Comit6 consultatif d'urbanisme recommandant le rezonage propose 9.2a)b) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant le 475, chemin City Line et le chemin Fort Dufferin 9.2c)d) Comit6 consultatif d'urbanisme recommandant le projet de modification 9.3a)b) Projet de modification du plan municipal et de 1'arret6 de zonage visant le 243, rue Prince William et le 230, rue Water 9.3c)d) Comit6 consultatif d'urbanisme recommandant le projet de modification 9.4 Arret6 propos6 concernant la fermeture de routes relatif a la rue Tiffany 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 10, rue St. James 10.2 Modifications propos6es a 1'arret6 visant le projet d'am6nagement municipal pour la voie Heather, 1'avenue Grandview et le croissant Wyatt 10.3 Projet de modification du plan municipal relatif au 117, rue Carleton 11. Intervention des membres du conseil 11.1 Taxe sur les produits et services visant le terminal de gaz naturel liqu6fi6 (GNL) (conseiller Farren) 11.2 Projet de logement abordable de Newport Village (conseiller McGuire) 11.3 Demande de mise a j our concernant 1'arret6 sur les normes minimales rrgissant les r6sidences (conseiller McGuire) 11.4 Palais de justice provincial (mairesse suppl6ante Hooton et conseiller Titus) 11.5 Reconnaissance de la Semaine du patrimoine (mairesse suppl6ante Hooton et conseiller Titus) 11.6 S6ances d'information pour recruter des candidats possibles aux Elections municipales (conseiller Chase) 5 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Services de contr6le du d6neigement 13. Rapports deposes par les comites 13.1 Demande de subvention pr6sent6e par Saint John Non Profit Housing Inc. [logement sans but lucratif de Saint John] 13.2 Plan de communications de la Commission sur le stationnement relatif a 1'interdiction de stationnement et au stationnement de chaque c6t6 de la rue 13.3 Achat et d6molition des propri6t6s situ6es au 63 et 65, rue Carleton par la Commision sur le stationnement 13.4 Budget revise 2008 relatif a la taxe sur la zone d'am6lioration des affaires pour Uptown Saint John 13.5 Contrat de services d6livr6 par le Comit6 directeur de la justice 13.6 Processus de consultation publique du Comit6 directeur de la justice 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance A 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; A. Poffenroth, Manager Facility Maintenance; A. Bodechon, Chief of Police; R. Simonds, Fire Chief, P. Woods, Common Clerk and Deputy City Manager; E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 7 JANVIER 2008 A 19 H 15 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White -et - T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a l'urbanisme et au developpement; A. Poffenroth, directeur de 1'entretien des installations; A. Bodechon, chef de police; R. Simonds, chef du service d'incendie; P. Woods, greffier communal et directeur general adjoint et E. Gormley, greffiere communale adjointe. Call To Order — Prayer Mayor McFarlane called the meeting to order and Deacon Bob Freil offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane, et le diacre Bob Freil recite la priere d'ouverture. 2. Approval of Minutes 2.1 December 17, 2007 Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on December 17, 2007 be approved. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on October 16, 2007 be approved. Question being taken, the motion was carried. 2.3 December 13, 2007 Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on December 13, 2007 be approved. 2.4 Revised Minutes Common Council Meeting October 22, 2007 On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Council move to amend the minutes of the October 22, 2007 Council meeting which minutes were adopted by resolution of Council adopted at the November 5, 2007 meeting, by: adding the following as item 13.0 13.0 Committee of the Whole Report — Appointments to Committees On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that Council make the following appointments: Saint John Free Public Library: Nicholas Barfoot and Suzanne Ball re- appointed for a 3 year term ending October 22, 2010. Saint John Transit Commission: Lionel Bordage and Donna Reardon for a term of 3 years ending October 22, 2010. Saint John Board of Police Commissioners: Amanda Masters for a term of 3 years ending October 22, 2010. Saint John Development Corporation: Peter Asimakos and Brian Cunningham for a term of 3 years ending October 22, 2010. Question being taken, the motion was carried. 13.0 Rapport du Comite Plenier Relativement aux Nominations pour Sieger aux Comites Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que le conseil procede aux nominations suivantes : Nicholas Barfoot and Suzanne Ball soient nommes pour sieger au conseil de la bibliotheque publique de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Lionel Bordage and Donna Reardon soient nommes pour sieger au conseil de la Commission des transports de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Amanda Masters soit nommee pour sieger au conseil de la Commission de police de The City of Saint John Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Peter Asimakos and Brian Cunningham soient nommes pour sieger au conseil de la Corporation d'amenagement de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 17 decembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la seance du conseil communal tenue le 17 decembre 2007 soit approuve. A ('issue du vote, la proposition est adoptee. 2.2 Proces- verbal de la seance tenue le 16 octobre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la seance du conseil communal tenue le 16 octobre 2007 soit approuve. A ('issue du vote, la proposition est adoptee. 2.3 Proces- verbal de la seance tenue le 13 decembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la seance du conseil communal tenue le 13 decembre 2007 soit approuve. 2.4 Proces- verbal revise de la seance du conseil communal tenue le 22 octobre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil propose de modifier le proces- verbal de la seance du conseil communal tenue le 22 octobre 2007, lequel a ete enterine par la resolution du conseil qui a ete adoptee a la reunion du 5 novembre 2007, par: I'ajout du point 13.0 qui se lit comme suit : 13.0 Rapport du comite plenier relativement aux nominations pour sieger aux comites Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que le conseil procede aux nominations suivantes : Bibliotheque publique de Saint John : Reconduction des mandats de Nicholas Barfoot et de Suzanne Ball pour une periode de trois ans se terminant le 22 octobre 2010. Commission des transports de Saint John : Nominations de Lionel Bordage et de Donna Reardon pour une periode de trois ans se terminant le 22 octobre 2010. Bureau des commissaires de la police de Saint John : Nomination de Amanda Masters pour une periode de trois ans se terminant le 22 octobre 2010. Societe de developpement de Saint John : Nominations de Peter Asimakos et de Brian Cunningham pour une periode de trois ans se terminant le 22 octobre 2010. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que le conseil procede aux nominations suivantes Nicholas Barfoot and Suzanne Ball soient nommes pour sieger au conseil de la bibliotheque publique de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Lionel Bordage and Donna Reardon soient nommes pour sieger au conseil de la Commission des transports de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Amanda Masters soit nommee pour sieger au conseil de la Commission de police de The City of Saint John Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. Peter Asimakos and Brian Cunningham soient nommes pour sieger au conseil de la Corporation d'amenagement de Saint John pour une duree de trois ans se terminant le 22 Octobre, 2010. 2. la modification du proces- verbal du 22 octobre 2007, comme I'indique la liste presentee au conseil dans la Iettre du greffier communal adjoint datee du 7 janvier 2008. A I'issue du vote, la proposition est adoptee. 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 11.3, Clarification of Newspaper Article (Mayor McFarlane). Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 11.3 intitule Explication au sujet d'un article de journal (maire McFarlane). A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter received from Jennifer Pierce regarding a request for a flashing green light on Rothesay Avenue be referred to the Police Commission. 5.2 That the letter from P. Tippett regarding Public Private Partnerships for Water and Sewage be received for information. 5.3 That the letter from Housing Alternatives Inc. regarding land north of Union Street be referred to the City Manager. 5.4 That the letter from River Road Community Alliance, Inc. requesting to present to Council be referred to the Common Clerk to schedule. 5.5 That as recommended by the City Manager, the City of Saint John acquire the faa cimnia intaract in Pin i\ii imh,=m 375dA anri 37R?n frnm (nnnranatinn ghaarai -jar] RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Jennifer Pierce relative a une demande d'installation d'un feu clignotant vert sur I'avenue Rothesay soit transmise a la Commission de police. 5.2 Que la Iettre de P. Tippett relative aux partenariats publics- prives au chapitre de I'eau et des egouts soit acceptee a titre informatif. 5.3 Que la Iettre de Housing Alternatives Inc. relative aux terrains situes au nord de la rue Union soit transmise au directeur general. 5.4 Que la Iettre de la River Road Community Alliance Inc. visant a faire une presentation devant le conseil soit transmise au greffier communal aux fins d'inscription de Iadite presentation a I'ordre du jour. 5.5 Que, comme le recommande le directeur general, The City of Saint John acquiere I'interet en fief simple des bien -fonds inscrits sous Ies NID 37549 et 37820 appurtenant a la Congregation Shaarei -Zedek Limited, conformement aux modalites stipulees en vertu de la convention d'achat -vente jointe au contrat no MC 2008 -XYZ. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que Ies recommendations formulees relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptees. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 9.1(a) Proposed Zoning By -Law Amendment 1010 Grandview Avenue 9.1(b) Planning Advisory Committee Recommending the Rezoning The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 1010 Grandview Avenue, having an area of 2100 square meters, also identified as being PID Number 00336206 from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, to permit the development of a business office, as requested by New Wave Electric Co. Ltd. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 11, 2007 meeting at which the Committee decided to recommend approval as set out in the staff rar r)mmanriatinn to r,=-7nna a narr s=l of lanri Inr,atari at 1010 ('�ranr\ /ia\A/ Avani is ac The Mayor called for members of the public to speak in favour of the re- zoning with Dennis McCarty on behalf of the applicant, advising that he is in agreement with the staff recommendations. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land with an area of approximately 2100 square metres, located at 1010 Grandview Avenue from "RS-2" One and Two Family Suburban Residential to `B -2" General Business, with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councilor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land with an area of approximately 2100 square metres, located at 1010 Grandview Avenue from "RS -2" One and Two Family Suburban Residential to `B -2" General Business, with Section 39 conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ". 9. Audiences publiques 9.1 a) Projet de modification de I'Arrete de zonage visant le 1010, avenue Grandview 9.1 b) Comite consultatif d'urbanisme recommandant le rezonage Le greffier indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 1010, avenue Grandview, d'une superficie de 2 100 metres carres et inscrite sous le NID 00336206, pour faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 » dans le but de permettre I'amenagement d'un bureau commercial a la demande de 1'entreprise New Wave Electric Co. Ltd. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 11 decembre 2007, a laquelle le comite a resolu de recommender I'approbation de la proposition, comme le souligne la recommendation du personnel voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 1010, avenue Grandview. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage et, Dennis McCarty, au nom du demandeur, indique qu'il appuie les recommendations formulees par le personnel. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain Cltl IPe au 1 1 ni n aveni ie ('�ranrhrie\nr rl'i ine ci inerfir,ie annmYimative A= A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 1010, avenue Grandview, d'une superficie approximative de 2 100 metres carres, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », sous reserve des conditions imposees par I'article 39, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 99 Burpee Avenue On motion of Deputy Mayor Hooton Seconded by Councilor McGuire RESOLVED that the proposed Municipal Plan Amendment at 99 Burpee Avenue be referred to the Planning Advisory Committee for a report and recommendation, and authorize the necessary advertising to proceed with the proposed amendment process with a Public Hearing scheduled for Monday, February 18, 2008 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 99, avenue Burpee Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal relatif au 99, avenue Burpee soit transmis au Comite consultatif d'urbanisme aux fins de rapport et de recommendations et que celui -ci autorise la publication des avis requis en vue de proceder au processus de modification au moyen de la tenue d'une audience publique fixee au lundi 18 fevrier 2008 a 19 h dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 10.2 Proposed Municipal Plan Amendment 2 St. Paul Street A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as PID Number 00022103 from Major Community Facilities to Service Corridor classification. 10.2 Projet de modification du plan municipal visant le 2, rue St. Paul Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier la classification, a I'annexe 2 -A du plan, d'une parcelle de terrain d'une superficie approximative de 5 940 metres carres, situee au 2, rue St. Paul et inscrite sous le NID 00022103, afin de la faire passer de zone ri'inctallatinnc maim irac a 7nna ria rnrririnr ria carvi�a On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled "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" amending "Schedule K" —Truck Routes by deleting Prince Street, from Ludlow Street to Lancaster Avenue, be read. Questions being taken, the motion was carried. Read a third time by title the by -law entitled "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 ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled "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" amending "Schedule K" —Truck Routes by deleting Prince Street, from Ludlow Street to Lancaster Avenue, be read a third time, enacted and the Corporate Common Seal affixed thereto. Questions being taken, the motion was carried. Read a third time by title, the by -law entitled, "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 ". 10.3 Troisieme lecture du projet de modification de 1'arrete relatif a la circulation visant la rue Prince Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RLSOLU que I'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John », edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'« annexe K » ayant pour titre Itineraires pour camions par la suppression de la rue Prince, entre la rue Ludlow et I'avenue Lancaster, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte conformement a la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RLSOLU que I'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John », edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'« annexe K » ayant pour titre Itineraires pour camions par la suppression de la rue Prince, entre la rue Ludlow et I'avenue Lancaster, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de - I'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte conformement a la Loi sur les vehicules 6 moteur (1973) et modifications afferentes ». 11.1 2007 Investment Returns for City's Pension Plan (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the Commissioner of Finance collect all information on the rate of return of the City of Saint John Pension Plan and report back to Common Council at the first meeting in February 2008. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Rendements du capital investi en 2007 pour le regime de retraite de la Ville (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que le commissaire aux finances recueille toutes les informations sur le taux de rendement du regime de retraite de The City of Saint John et qu'il fasse part de ses conclusions au conseil communal lors de la premiere reunion du mois de fevrier 2008. A I'issue du vote, la proposition est adoptee. 11.2 Saint John County Court House (Councillor Titus) On motion of Councillor Titus Seconded by Councillor Court RESOLVED that Council establish an ad hoc Committee supported by staff and consisting of interested members of the community to explore with the Province the following possibilities: A) Is there an opportunity for the City to obtain title to this property for one dollar? B) Could it ever serve as a location for a Council Chamber, committee rooms, Mayor and Councillor offices or the Clerk's office? C) Knowing extensive investment in the building is required, are there any Provincial or Federal Programs that the Munitipality could tap into for this purpose? Question being taken, the motion was carried. The Mayor withdrew from the Chair at which time the Deputy replaced him. 11.2 Palais de justice du comte de Saint John (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que le conseil mette sur pied un comite special soutenu par le personnel et compose des membres interesses de la collectivite afin d'examiner avec les autorites de la province les possibilites suivantes : A) Est -il possible que la Ville obtienne le titre de cette propriete pour la somme d'un dollar? B) Cette propriete pourrait -elle etre utilisee comme emplacement de la salle du conseil, des salles des comites, des bureaux du maire et des conseillers ou du bureau du greffier? C) Sachant que des investissements importants dans le batiment sont necessaires, existe -t -il des programmes federaux ou provinciaux auxquels la municipalite pourrait faire appel a cette fin? A I'issue du vote, la proposition est adoptee. On motion of Mayor McFarlane Seconded by Councillor White RESOLVED that the letter from Mayor McFarlane indicating his support to the City Manager as well as management staff, and all employees, be referred to the City Solicitor. Question being taken, the motion was carried. The Mayor resumed as Chair. 11.3 Explication au sujet d'un article de journal (maire McFarlane) Proposition du maire McFarlane Appuyee par le conseiller White RESOLU que la lettre du maire McFarlane dans laquelle it manifeste son appui a 1'endroit du directeur general, du personnel de gestion et de tous les employes soit transmise a I'avocat municipal. A ('issue du vote, la proposition est adoptee. Le maire reprend la presidence. 12. Business Matters - Municipal Officers 12.1 Snow Clearing Operations — Parking on City Streets Referring to a submitted report, Mr. Groody reviewed the City of Saint John Traffic By -law with respect to snow clearing operations and parking during these operations. He asked for cooperation from the public in the removal of vehicles from affected streets. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the report, Snow Clearing Operations — Parking on City Streets, be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Deneigement des routes — Stationnement dans les rues de la Ville Se reportant a un rapport depose anterieurement, M. Groody passe en revue I'arrete relatif a la circulation de The City of Saint John en ce qui concerne le deneigement des routes et le stationnement durant les travaux de deneigement. II demande la collaboration du public en ce qui a trait au retrait des vehicules dans les rues touchees. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le rapport visant le deneigement des routes et le stationnement dans les rues de la Ville soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.2 Tourism Saint John Referring to a submitted report, the City Manager outlined a plan to fill the current vacancy which presently exists in the Tourism Department and a move toward a public /private method of delivering service. On motion of Councillor Tait Seconded by Councillor Court RESOLVED that Common Council table the item, Inhn and tha flan, itv ( itv AAananar makes a fi ill nrnniar nnint nracantatinr the future. Question being taken, the tabling motion was carried 12.2 Tourisme Saint John Se reportant a un rapport depose anterieurement, le directeur general expose un plan visant a pourvoir aux vacances actuelles qui existent presentement dans le Service du tourisme et indique une transition vers une methode publique- privee de prestation de services. Proposition du conseiller Tait Appuyee par le conseiller Court RESOLU que le conseil communal reporte le point intitule Tourisme Saint John et que le directeur general adjoint fasse une presentation PowerPoint complete lors de la prochaine seance du conseil qui souligne les services touristiques actuels offerts par la Ville et d'autres organismes, en identifiant les forces et les faiblesses, les changements proposes determinant les possibilites, les avantages et les defis afin que le conseil et le public saisissent bien la situation actuelle et les projets futurs. A I'issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. 12.3 LNG Facility — Real Property Tax On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that the report from the City Solicitor reviewing background information on the Real Property Tax for the LNG facility, be received for information. Question being taken, the motion was carried with Deputy Mayor Hooton and Councillors .Court Tait and Titus voting nay. On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that the Provincial Government be requested to collaborate with the City of Saint John in an effort to revisit the special tax zone that has been created by Provincial legislation for the LNG Terminal based on the fact that what has occurred is inconsistent with the resolution passed by this Mayor and Council and what was transpired is not and never was the intention of this Council. In response to a question of Councillor Ferguson, the City Solicitor advised that by adopting this resolution, the City would not be prejudiced in any way. Councillor Chase spoke about the large economic venture in the City, and that without the special arrangement the project would not be able to proceed. Councillor Farren spoke against the motion, stating that Council should not change an arrangement that has already been made. Councillor Ferguson expressed concern that there may be a previous arrangement in place where no tax is required to be paid on the property, and that changing the present situation may result in losing the existing $500,000. tax imposed. The Mayor expressed his concern that revisiting the issue may jeopardize further development as well as stating that the present government is not the same as the one that changed the legislation. Councillor Chang expressed his concern that Council did not have all the facts Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que le rapport presente par I'avocat municipal dans Iequel it passe en revue Ies renseignements generaux sur I'impot foncier relatif au terminal de GNL soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. La mairesse suppleante Hooton et Ies conseillers Court Tait et Titus votent contre la proposition. Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que l'on demande au gouvernement provincial de collaborer avec The City of Saint John dans le but de reexaminer la zone d'impot special qui a ete creee par la legislation provinciale pour le terminal de GNL, car ce qui s'est produit est incompatible avec la resolution adoptee par le maire et le conseil et ce qui s'est passe n'est pas et n'a jamais ete ('intention du conseil. En reponse a une question posee par le conseiller Ferguson, I'avocat municipal indique qu'en adoptant cette resolution, la Ville ne subirait pas un prejudice quelconque. Le conseiller Chase discute du projet economique d'envergure dans la Ville et mentionne que sans I'adoption de dispositions speciales le projet ne pourra voir le jour. Le conseiller Farren s'oppose a la proposition. 11 soutient que le conseil ne doit pas changer une disposition qui a deja ete prise. Le conseiller Ferguson s'inquiete du fait qu'il existe peut -etre une disposition anterieure en place dans Iaquelle it est fait mention que le detenteur de la propriete n'est pas tenu de payer un impot et du fait que le changement de la situation presente peut entrainer la perte du montant d'impot exige actuellement qui s'eleve a 500 000 $. Le maire se dit inquiet du fait que le reexamen de la question peut compromettre d'autres travaux d'amenagement. 11 declare egalement que le gouvernement actuel differe de celui qui a modifie la legislation. Le conseiller Chang s'inquiete du fait que le conseil n'ait pas tous Ies faits en main. A Tissue du vote, la proposition est rejetee. Le Maire McFarlane et Ies conseillers Chang, Chase, Farren, Ferguson, McGuire et White votent contre la proposition. 13. Committee Reports 13.1 Committee of the Whole Report — Appointment to Committee On motion of Councillor Titus Seconded by Councillor White RESOLVED that Council approve the following appointment: Heritage Development Board — to appoint Kurt Peacock for a three year term ending December 17, 2010. Question being taken, the motion was carried. Resignation of Common Clerk On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the position of Common Clerk be advertised as a result of Patrick Woods's resignation from his role as Clerk. Question being taken, the motion was carried. comites Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le conseil approuve la nomination suivante : Conseil d'amenagement du patrimoine : Nomination de Kurt Peacock pour une periode de trois ans se terminant le 17 decembre 2010. A ('issue du vote, la proposition est adoptee. Demission du greffier communal Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le poste de greffier communal soit annonce en raison de la demission de Patrick Woods. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:20 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 20. Mayor /maire Common Clerk / Greffier communal 5i 1 SAINT JOHN BOARD January 10, 2008 OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 His Worship Mayor Norman McFarlane Bureau des Commissaires du Service And Members of Common Council de Police de Saint John C.P. 1971 your Worship and Councillors: Saint John Nouveau - Brunswick Canada E2L 4L1 ANDREW BRITTON Re: Saint John Board Of Police Commissioners Chair /President DAVID EMERSON Vice Chairwme President In accordance with Saint John Board of Police Commissioners Bylaw CHARLENE HAVES #1, Article 3(a), the following members were elected at meeting of the Secrelary/Secretaire Board on January 8 to serve as the officers for the year 2008: IVAN COURT Commissioner /Commissaire Andrew Britton, Chair DONALD F. CULLINAN Comndssloner /Commissaire David Emerson, Vice Chair AMANDA MASTERS Charlene Hayes, Secretary Commissioner / Dommissaire NORMAN McFARLANE Respectfully submitted, Commissioner /Commissaire ALLEN G. BODECHON -� ChiefofPolice1ChefdePolice SARAH WILSON Executive Secretary/ Sarah Wilson Secretaire Adminisiralive Executive Secretary Telephone/Telephone: (506) 674 -4142 Fax/Telecopieur: (506) 648 -3304 E- mail/Courriel: sarah. wilson@saintjohn. ca lr SAINT JOHN Explore our past/ Explorvz noire passe O VWw.maritimeidol.com 77 Callaghan Road, Riverview, NB E1B 4P1 506- 870 - 8308/506- 870 -8307 fax/email admin @surferguy.ca Maritime Idol is a singing competition taking place in high schools all over the Maritimes where contestants perform live in front of a voting audience and are video taped and put online at www.maritimeidol.com for voting over the internet as well. Weekly winners of Maritime Idol Contests in each city or town receive $500 in cash and prizes and move on to Regional and then the Month End Finale (usually held on the last Saturday of the following month) and over $5000 in cash and prizes is given away at the Semi Final competition. First and second place winners a the Month End Finale will then move on to compete at the 2008 Year End Finale next May. EeVe Stever is our Season One Maritime Idol 2007 year end winner. EeVe is in the process of recording her twelve song cd with a band which will be distributed across Atlantic Canada in the new year. Season Two in now underway with shows staged in Western PEI, Saint John, Bathurst, Dalhousie, Stanley, Grand Manan, St. George, Blackville, Moncton, Oromocto, and Bristol. As infered above, our demographics this year is high schools in Atlantic Canada, their students and friends, parents and relatives - one of the most sought after demographics in Canada today. In the next 6 months our videos will have been watched over a million times on our website! Our MC's perform verbal promos for all our sponsors each week and these promos are video taped as well and put online at www.maritimediol.com. We also place advertisers banners on our website with a link to their website and air commercials prior to viewing of individual videos online (television commercials are adaptable to place online). Rates are reasonable and available at different levels as follows and are based on a four week period: (these prices are for a limited time only) Please help support your local talent as well as promoting your business at the same time! - $125 /week - INFOMERCIALS — 5 videos in one 4 week competition, online banner, verbal promo — placed in front of online videos and prior to contestant singing. S I LV ER - $60 /week - VERBAL PROMO + ONLINE BANNER (linked to your website) one competition X 4 weeks BRONZE - $25 /week - VERBAL PROMO — live at competitions and online — one competition X 4 weeks For BRONZE and S1 LVER goods or services of an equal value can be substituted in lieu of cash. CALL OR EMAIL TODAY! John McCarthy dirpq at 870 -8306 �.a KiwWw.maritimeidol.com 77 Callaghan Road, Riverview, NB E1B 4P1 506- 870 - 8308/506- 870 -8307 fax January 3, 2008 Mayor and Councillors City of Saint John P.O. Box 1971 Saint John NB E2L 4L1 Attached you will find information on our competition and sponsorship packages. Four weekly winners from each of Saint John, Grand Manan and St. George, plus Producer's Pick's (16 contestant in total) will compete at the next New Brunswick Regional in front of a panel of judges which most likely will be held in Saint John at the end of January. Your participation as a sponsor can go along way to ensure that the next New Brunswick Regional will be a great success! For as low as $100.00 we can place a banner + direct link to your website on the next Regional Competition Pages and include a verbal promo (verbal promos are also captured via video and placed online) or perhaps your fine city has a promotional video we can place in front of online videos and prior to contestants singing (see "Gold Level" package). Please note, all Regional and Semi Finale Competition Pages will remain online until June of 2008. Some Gold Level Sponsors now include: Universite de Moncton, Colonial Inn Moncton and Saint Mary's Entertainment Centre. We trust you will see the value and merit in allowing us to provide major exposure for our Maritime talent and that all our sponsors will derive as much pleasure and satisfaction as we have in providing the exposure our Maritime talent deserves. You can also derive some contentment knowing that we have and will continue to donate twenty percent ofproceeds from gait receipt of all our weekly shows to the student councils of all our host schools! We look forward to hearing from you in the near future IZ�,C fthy Sales Ass6ci l ? enclosure 22 Eric L. Teed, O.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2134 Tel: (506) 634 -7324 Fax: (506) 634 -7423 January 3, 2008 _ 1Pt'iC�1d1Y 3 Members of Common Council City of Saint John St11I UlldVdlldble 15Market Square ymother,whoisina Saint John, NB wheelchair,wantedtodo E21, 1E8 some shopping and I thought it would be nice to take hei,; 3 uptown. We found neitherset of your Worship and councillors, P mterior doors at the City Market Recent letters to the Editor, including one by are automatic. We tookthe little elevatorfromthe Marketdown Jennifer Melvin, have again brought out the continuing to Brunswick square but when disregard for persons with incapacities, particularly those we came back,there was asign blocking the entrance, which who require wheel chairs with respect to the steps at the 1 moved but when I called the front of City Hall. There are no provisions for reasonable ands elevator, door waslockercame on andthedoorwaslocked(ithasa access for those who have difficulty climbing stairs or who tY g regular entrance door, not an el- 1 are in wheel chairs or even use a walker. back up so we could mar et i back up even though the market ; It would be relatively simple to have a ram at the Y P P was still open.lnstead,we went east end of the stairway with a further ramp at the doorway back H re exit outside. Here we found an exterloren leading to the inside stairs. trance to the market with apush i It is suggested the owner of the building be lip in t e come t tang we c uld lip in the cement and we couldn't contacted and asked to either fix this promptly or allow the get the wheelchair over it. We ? city to rectify the situation. If the building's owner fails to adto g ofthe chairto c c arry it inn side. ide. give a satisfactory response, it is suggested the council The Harbour Building was ensure this is made public. Then those persons who feel the same t told it was wheelchair way. she called ahead she was as to ' there should be appropriate action taken can express their accessible only to discover after concerns. getting dropped off, asetofsrahs. We had to wheel down the steep One can argue that this is winter weather, but this hill from prince William Street can be overcome even on a temporary basis. to Water street, gothrougha door in the basement andwheel There are several competent persons who can be through the dark parking garage contacted to advise the most effective method of producing to the elevator, which meant getting out of the chair numer. ; an acceptable ramp, even in mid winter. Waiting until ous times. r spring could be considered a dodge by some. Who regulates these things? ;" Someone is not doingthellob and it's sad because it is people who are already at a disadvan- I'o ' tage that pay the consequences. JENNIFERMEWIN SaintJohn AP: Saint John Community ARTS B O A R D Chairman / President Your Saint John Community Arts Board hereby requests the opportunity to Michael WKelvey g Stewart McKelvey Stirling Scales attend the regular meeting of Common Council scheduled for Monday, 9 9 y. Vice-Chairman / vice - president February 4, 2008, the purpose of which is to provide Your Worship and Peter McKelvey Councillors with an update on the Cultural Capitals of Canada application. Fundy Engineering Secretary /SecMtaire In the last five months, your Board has been extremely busy and focused on Bernard 7. Cormier developing a first class submission to the federal Department of Canadian Cultural Affairs Officer, city Hall Heritage and making a strong case for Saint John to become a Cultural Capital of Canada in 2010 ... the City's 225tn anniversary of incorporation. Tim Blackmore Musician, Educator The Saint John Community Arts Board, in close partnership with the City's Michele C. Brideau Cultural Affairs Officer, has put together an impressive package. We are Saint John Immigration confident that Council will be equally proud and impressed with our bid to the Peter Buckland Government of Canada to be named a winning city for 2010. Peter Buckland Gallery Michelle Hooton We look forward to receiving confirmation regarding our appearance before Deputy Mayor / maire suppleante Council on February 4, 2008, and presenting a copy of the application to each member of the Common Council. Philip Huggard Gothic Arches Yours truly, Dr. Robert MacKinnon Dean of Arts - UNB Saint John Leslie Oland / / Resource Centre for Youths Andrea Scott Port City Dance Academy Michael erg aka` an Janet Scott Enterprise Saint John Copy to: Terry Totten, City Manager Address Patrick Woods, Deputy City Manager P.O. Box/ C. P. 1971 Saint John, NB / N -B E2L 41.1 (506) 649 -6040 Fax (506) 632 -6118 sjcab @saintjohn.ca Logo based on City Hall sculpture "Progresssion" by 24 Claude Roussel, CM, ONE, RCA SAINT JOHN N 1HIOR°I ICU1Ie�'II°UIE AL ASSOCIATION P.O. BOX 535 SAINT JOHN, N.B. E21- 3ZS January 11, 2008 Mr. Ian Stead President Saint John Horticultural Association Dear Patrick Woods: Saint John Horticultural Association and Partners are making a request for a presentation to Common Council on the Lily Lake restoration plans. Thank you for the opportunity and we look forward to hearing from you concerning the scheduling of this presentation. Submitt/e�db1,y: Geoffrey 1, ear Superintendent SJHA "Founde inn 1893" Your Worship The Mayor & Council, Ranji K Singh, City Hall. 119, Red Head Road, Saint John, Saint John, New Byunsick. N.B. E2P 1k8 12th January, 2008. Dear Sirs, Is writing to inform you that due to the closure of the "Red Head Road ", over several months, whereby you people have informed the Public from all directions - be it, Bayside Drive, Grandview etc. and the construction staff stopping and preventing the vehicles through access to the road has caused a trarerdoas drop in sales. Apart from the "Road Signs ", the large percentage of trucks and workers - vehicles that were consistently parked in front of the store, along with the public toilxt did not help, whatsoever. Meanwhile, as the "Red Foad Variety ", has been struck down by heavy loss during that period and hereafter. We do not have money to replace a lot of stock, particularly, the items that people shop for in the "Corner Store", e.g. Cigarettes, Pop, Bars, G m etc. We therefore cannot recoup such a loss. Please, be informed, however, that the battle with the bills are loaning as the Hydro have informed us that they will be disconnecting, shortly, as their bills are unpaid. Therefore, if ae do not have electricity we would have no alternative but to close the store. And bear in mind that numerous other unpaid bills are piling up with interest as well. I have inherited the business from my father who has been deceased 1 -year ago, I have no other intone to support myself and maintain the business. Under the ciro rstances, and, because of the Road Project that have caused the drop in sales and loss of business I, regret to inform you that the Bank has refused to grant , nor neither, I,cannot obtain a loan as the business is failing rapidly. As this loss is mainly due to your failure of dealing with this matter in a Hnane and satisfactory manner, we therefore, have no alternative but to hold you responsible for the loss of Property etc. Your prompt reply will be appreciated. Yours faithfully, Ranji K Singh c.c. Mr. Terry Totten Mr. Kelly Van Buskirk n W.Kendall Mason W.John Chilibeck 0010 wellness, Culture Mi"X -etre, Culture and Spurt et Sport New Nouveau Brunswick C A N A D A December 19, 2007 Mayor Norm McFarlane City of Saint John PO Box 1971, Market Square Saint John, NB E21.41.1 Dear Mayor and Council National Heritage Day has been in existence since 1974, and was established by the Heritage Canada Foundation to encourage Canadians to identify, protect and enhance their natural, cultural and built heritage. In New Brunswick we set aside an entire week for this purpose, and focus upon a different heritage theme each year. Included within the week's celebrations are National Flag of Canada Day (February 15) and National Heritage Day (the third Monday in February). In 2008, Heritage Week will take place February 11 — 18. In recognition of the East Coast Music Awards, Festival & Conference also taking place in our province February 7 to 10, New Brunswick's theme for Heritage Week 2008 is "Music of the People — Musique du peuple ". As a member of the Heritage Week 2008 Celebrations Committee, I invite you to focus upon New Brunswick's civic heritage during Heritage Week (February 11 — 18), by making use of the sample resources provided within this planning kit. Within New Brunswick, we currently have 129 provincially designated historic sites and nearly 700 municipally designated local historic places. These cultural spaces range from archaeological sites and earthworks, to buildings of a range of styles and types. What better time than Heritage Week to recognize the heritage preservation initiatives of your community! The attached proclamation can be easily adapted for inclusion upon the municipal council meeting agenda for the week, and more suggestions can also be found on the Heritage Week 2008 web site located at: http: / /www.gnb.ca (keyword: "Heritage "). Here you will find 108 (yes 108!) suggestions on ways to celebrate. 32 27 PO B- 6000 Case pu tale 6000 Frcdcriaon Fredericton New ➢nmswick No -- linoewwk Canada E3B 5111 Canada E3 5H1 Please take a moment to review the resources and ideas presented within this package and think about how you can help nurture an appreciation for historic places within your community. Civic meeting places are at the heart of every community, and Heritage Week 2008 presents an excellent opportunity to recognize this. Choose to celebrate and participate! All events registered by January 31, 2008 will be posted on the Heritage Week web site, and will be included in listings prepared for public distribution. All individuals and groups registering events will also receive a "Certificate of Participation ". Join with us in celebrating New Brunswick's heritage on February 11 to 18, 2008! Sincerely, ynthia Wallace -C ey Heritage Branch Enclosure P�'7 Minister Ministre Wellness, Culture Mieux -etre, Culture and Sport et sport Br nswi& C A N A D A December 1, 2007 Dear Friends of Heritage: As Minister of Wellness, Culture and Sport, I invite you to plan and prepare your celebrations for Heritage Week 2008. In anticipation of the East Coast Music Awards taking place in New Brunswick in 2008, the Heritage Week Committee is pleased to provide you with this resource kit celebrating the "Music of the Peop /e — Musique du peuple" that can help you plan your activities. Few human activities are more universal or more diverse than music. Ever innovative and ever evolving, our musical heritage connects us to shared traditions of the past and celebrates life. By exploring the past, we find inspiration and knowledge from those who came before us. During Heritage Week, February 11 — 18, 2008, 1 invite you to celebrate our past, but also reflect upon your place in the larger stream of time. The music of the people will always be the heartbeat of our nation. Please take a few moments to review the materials in this kit and think about what you can do to celebrate Heritage Week 2008. Then, plan your event and complete the registration form included in the package, or register online through the Heritage Week 2008 web site at htto: / /www.anb.ca/ (keyword "Heritage "). Heritage Week 2008 offers us a wonderful opportunity to celebrate New Brunswick's heritage and develop a better understanding of our collective past so that we are able to look forward to an equally exciting future of self- sufficiency. Sincerely, edard Albert 11 Minister Enclosure Tel./F s91 one : P.O. Box 6000 Case postale 6000 (506) 2517 Fredericton Fredericton Fax/relecopieur : New Brunswick Nouveau - Brunswick (506) 4536668 Canada E313 5H] Canada E38 5H1 PROCLAMATION WHEREAS the second week in February i; provincially recognized as the time tc celebrate our heritage; and WHEREAS the third Monday in February i; National Heritage Day in Canada; and WHEREAS the significant heritage whict we have inherited from our ancestors play a vital role in providing a unique identity tc our ; and WHEREAS our built heritage provides us with a legacy to be handed down for the benefit and enjoyment of future generations; and WHEREAS our heritage has played a vital role in developing the rich social fabric of our and will continue to provide a framework for "Celebrating our Heritage "; and Now THEREFORE I, , Mayor of do hereby proclaim the week of February 11 -18, 2008 as HERITAGE WEEK in the and Monday, February 18, 2008 as HERITAGE DAY in the and urge all citizens to support and participate in heritage activities occurring throughout the IN WITNESS WHEREOF: I have set my hand and caused the seal of the Mayoralty of the to be affixed hereto. DECLARATION ATTENDU QUE la deuxidme semaine de fdvrier est la semaine provinciale qui permet de cdlebrer notre patrimoine; ATTENDU QUE le troisidme lundi de fdvrier est le Jour du Patrimoine national au Canada; ATTENDU QUE le patrimoine considdrable dont nous avons hdritd de nos anc@tres joue un role fondamental dans ]a caractdrisation unique de ATTENDU QUE notre patrimoine architectural nous donne un legs a transmettre aux gdndrations futures pour qu'elles puissent en profrter et en jouir; ET ATTENDU QUE notre patrimoine a joud un r &le fondamental dans F61aboration de la structure sociale de et continuera a fournir un cadre pour u Celebrer notre patrimoine » ; EN CONSEQUENCE Je, maire de ddclare par la prdsente la semaine du 11 au 18 fdvrier 2008 ]a SEMAINE DU PATRIMOINE a et le lundi 18 fdvrier -20081e JOUR DU PATRIMOINE a A encourage vivement toute la population a Ippuyer les activitds pour cdldbrer notre >atrimoine et a participer aux activitds qui e ddroulent a EN FOI HE QUOI : J'ai confirms cette ldclaration en y apposant le sceau de la nairie de C1C Please return a copy of this proclamation to: Cynthia Wallace -Casey Heritage Branch Wellness, Culture & Sport P.O. Box 6000 250 King Street Fredericton, N.B. E3B 9M9 Fax: (506) 453 -2416 Telephone: (506) 453 -2915 E -Mail: cynthia.wallace - casey @gnb.ca Veuillez retourner une come de cette proclamation A Cynthia Wallace -Casey Direction du patrimoine Mieux-etre, Culture et Sport CP 6000 250, rue King Fredericton, (N. -B.) E3B 9M9 Telecopieur ; (506) 453 -2416 Telephone : (506) 453 -2915 Adresse electronique : cvnthia.wallace- casevnn -nb.ca 31 0 orHeritage Week 2008 February 11 —18 TO� The Heritage Week 2008 Celebrations Committee is very pleased to provide you with this planning kit for Herita a Week 2008. In recognition of the East Coast Music Awards, Festival & Conference also taking place in our province February 7 to f0, Ne Brunswick's theme for Heritage Week 2008 is Music of the People- Musiqu du peuple". Many resources have been assembled for your benefit, nd are available on the Heritage Week 2008 web site at htto: / /www.anb.ca (keyword "Heritage ", then click on "Heritage Week 2008 "). The musical heritage of our province is as universal and fiverse as humanity itself. Since:time immemorial, we have learned from the oast, borrowed and improvised, to create our own unique sound. Ever changing, ever innovative, music has always been the shared language of the living It is an expression of life itself - our line across generations that ties us with thE present. It is our music. It is who we are as a people. The Heritage Week 2008 poster was designed by Lucie 1 -Khoury and is an adaptation of a popular 19v' century George Taylor photograph in the collection of the Provincial Archives of New Brunswick. Much like our musicians of today, Lucie has expressed her spirit of innovation by taking an element from our past, making it her own, and finding her own unique way of illu trating our theme. The result becomes a visual statement — much like in the words of the East Coast Music Association: "Canadian music, East Coast style ". This Heritage Week, we invite you to join with us in celebrating the heritage of our province. On National Flag of Canada Day (February 15), take time to consider your place in Canadian heritage, and on National Heritage Day (February 18) reflect upon how you can make New Brunswick a better place for the future. Now is the time to do your part in planning your Heritage Week event. Let your imagination be your guide! The scope is endless -- y u may choose to host, compose, perform, explore, research, write or organize -- the possibilities are endless] Within the Heritage Week 2008 web site you will find 108 suggestions (yesl 1081) on how you can celebratel We bid you to join in, plan an event, and share your information with us through our online registration at http: //www.anb.ca (keyword: "Heritage " - click on "Heribige Week 2008 "), Choose to celebrate and participate! All events register d by January 31, 2008 will be posted on the Heritage Week web site and wil I be included in listings prepared for publication. All individuals and groups registering events will also receive a "Certificate of Participation ". Join with us in celebrating New Bruns ick's heritage on February 11 to 18, 2008 NEW BRUNSWICK DEPARTMENT OF WELLNESS, C LTURE &SPORT; CANADIAN HERITAGE; PARKS CANADA; TELEG PH JOURNAL; L'ACADIE NOUVELLE; NEW BRUNSWICK FILMMAKE S' CO- OPERATIVE; EAST COAST MUSIC ASSOCIATION; MUSIC/ USIQUE NB; COUNCIL OF ARCHIVES NEW BRUNSWICK; HERITAGE ANADA FOUNDATION; NEW BRUNSWICK ABORIGINAL AFFAIRS SE RETARIAT our Heritage! �N Heritage Week 2008 February 11 -18 io 1r - " Event Registration 'c=orm 2009 This is your Heritage Week 2008 planning kit! Please keep us informed of your activities by faxing or mailing the attached information sheet to Heritage Branch - or submitting your event information on -line through the Heritage Week 2008 web site: http: / /www.gnb.ca (keyword Heritage). We will assist in promoting your activity by publicizing it on the website and circulating your information to provincial media outlets. On -line Registration - http: / /www.gnb.ca/ (keyword: Heritage) Mailing Address: Heritage Branch Wellness, Culture and Sport P.O. Box 6000, 250 King Street Fredericton, NB E36 9M9 For Information: Kim File or Cynthia Wallace -Casey 506 453 -2324 (t) 506 453.2416 (f) E -mail: Kim.fila@gnb.ca Group /School: Contact Person: Mailing Address Telephone: Fax: E -Mail: Your Web Site: Event Title and Description: Event Location: Event Date: Event Time: Is Public Invited? Yes No Do you wish to have this information posted on the Heritage Week 2008 web site? Yes_ No Please register eventZli January 31, 2008. All groups and individuals registering events will be recognized with a Certificate of Participation. Baez, Get youth involved in a challenge to combat racism! The Racism. Stop it! National Video Competition is part of Canada's Campaign against racial discrimination. The Competition is open to young Canadians between the ages of 12 and 18. Youth rise to the challenge by producing a 45 -60- second video to express their thoughts on eliminating racism. Our website www.march21.gc.ca features material that will help. You don't need prior experience in film. The ten winning videos will be broadcast across Canada! Videos are due January 18, 2008. - -- Prizes to win, including a trip to the Awards ceremony. Are you involved with youth groups aged 9 -18? Are you looking for a creative and relevant way to discuss multiculturalism? Check out the Mathieu Da Costa Challenge. The Challenge is to help young Canadians learn more - and share what they learn - about the contributions that Canadians of Aboriginal, Inuit, African and other ethnocultural backgrounds have made to the building of Canada. Each year, three winners are selected from each age group (9 -12, 13 -15 and 16 -18). More information: www.canadianheritage ac.ca /math ieudacosta Deadline to participate: February 22, 2008 PRIZES, including a trip to the Awards Ceremony! Canada Day Poster Challenge Each year, youth 18 years of age and under are invited to take part in the Canada `' Day Poster Challenge by designing a poster that illustrates their pride in Canada and in being Canadian. The 13 provincial and territorial finalists will win a trip to Ottawa to celebrate Canada Day on Parliament Hill. In addition, the winning entry will become the official poster of Celebrate Canada! activities across the country. For more information: www.pch.ac.ca /special /canada /affiche- poster Deadline: February 28, 2008 i, Canadian Patrimoine 34 Canada ■ Heritage canadien FACT SHEET BUILDING COMMUNITIES THROUGH ARTS AND HERITAGE The Government of Canada's Building Communities Through Arts and Heritage program offers support for activities that are intended for and open to the general population and celebrate local heritage, artists and artisans. Funding is available through two components: Local Arts and Heritage Festivals will provide funding for recurrent local community events and activities that feature the public presentation of local artists and/or local heritage, Community Historical Anniversaries Programming will provide funding for local community events and activities that commemorate the 100" anniversary or greater (in multiples of 25 years) of a historically significant local event or person. Who Can Apply? Eligible organizations include local non -profit incorporated organizations, groups that are not legally incor- porated, and Band Councils, Tribal Councils and other Aboriginal governments or equivalent authorities. What Are the Key Eligibility Requirements? Applicants must have written confirmation of financial or in -kind support from their municipal government or the equivalent authority and must include the value of that support in the project budget. When the applicant is a Band Council, Tribal Council or other Aboriginal government or equivalent authority, this authority itself must provide written confirmation of support. For Local Arts and Heritage Festivals: applicants must have already completed one eligible activity within the last two years. For Community Historical Anniversaries Programming: the anniversary must be at least the 100' or greater, in multiples of 25 years (for example, 12511, 150' anniversary, etc.). What Are the Application Deadlines? The application deadlines for Local Arts and Heritage Festivals are: • October 31, 2007 for projects taking place between January 1 and May 31, 2008. • January 14, 2008 for projects taking place between June 1 and December 31, 2008. The application deadlines for Community Historical Anniversaries Programming are: • If the project is taking place early in 2008 (e.g. starting as early as January 1), the deadline is October 31, 2007. This deadline is for projects taking place between January 1 and December 31, 2008. • If the project is taking place later in 2008 (e.g. starting June 1 or later), the deadline is January 14, 2008. This deadline is for projects taking place between June 1 and December 31, 2008. For more details about this program, including application forms and guidelines, visit the Building Communities through Arts and Heritage site at wwwaxii, c.ca /communities. You can also visit your nearest Canadian Heritage office, or contact Canadian Heritage toll -free by calling 1 866 811 -0055 or TTY: 819 997 -3123. Canadian ca adieine Canada Heritage anadien 35 o r a c°Nc2 �v m y rr n 42 s -Z 2 a>w m iz Aol �� £ F d � O mfi tl C C c 9 42 E ° 2 y0 a-0 Q m�O rn `a OR '�• m�Qq, a C Cl `J ado � ° oo ° -Z iz -E •ay d W O v Q' C /CO v w W 3 a �U N W v E o °p Q ' N y dm a o N 4.¢0 0 Q E k\ \\2 }) \ {f\ -` ¥ \j ,E'-An 100 )_ ^ § {) §® �� V) 0 - /\ . =f§ /E { \:y( \\ &Z0 3£f /2 /\ ��. �J �7 § � E ?c �d eF �\ /\ Z) �7E LU Ln »o ra \/e F- 0 a i � a i � \\ to ©\ e: � 7 �\ §m)tE - -{ . -§ \; _ /)/ §2. «{B) /: \ ) 4 411 =41 ] \ �E \ \ \ /�) } \ ] /«§¥/ {� ®»Q: , a \o u -4 . ��. �J �7 § � E ?c �d eF �\ /\ Z) �7E LU Ln »o ra \/e F- 0 a i � a i � \\ to ©\ e: � 7 J VI cll �v2 00 s`oo Boa �r�v c In ill LI w v L -mc o�Eot -5.2 tC_yy v;fl=°'o via =G�sc wG�a�a,_Ea, v��L a�Y J VI cll �v2 >` a o �oE�o v L -mc a°JVCN -5.2 •�° wG�a�a,_Ea, v��L a�Y Q1 Ul C E D LIJ i ci Q O U 75 0 c N v rtJ E.O1Q o ° no Y o N V 3 N 7 A L t m A rd E;: 3 N 7 E R L O b 7 7' E 7 x F Board members Peter Smit Owner and proprietor, happinez wine bar Margret Bogner Owner and proprietor, Opera Bistro Craig Pinhey, Wine consultant, writer & sommelier Kate Wallace Arts and entertainment editor, Telegraph - Journal Mel Norton Lawyer, Lawson & Creamer Peter Bourque Commercial Risk Specialist, Mitchell McConnell Insurance Ltd. Cathy Taylor Facility manager, Lily Lake Pavilion Debhie Cooper Executive director, The Boys and Girls Club of Saint John Inc. Catherine Sidney Department Chair, New Brunswick Community College, St. Andrews Bridget McGale Owner. McGale & Associates t-undy f d fest�v www.fundyfoodfestivaI.com January 11, 2008 Fundy Food Festival 60 Prince William Street, Saint John, New Brunswick E2L 4J6 Dear Mayor McFarlane and City of Saint John Councillors, This February 7 to 10, the Fundy Food Festival will treat the people of Saint John to three days of delectable culinary events. What started in 2001 as a Sunday afternoon of great food and fun, organized by several area chefs, has grown into the city's largest multicultural festival. At its last edition, the Fundy Food Festival drew several thousand people to Market Square to sample treats sweet and savoury from dozens of domestic and ethnic food vendors and more than 10 area restaurants. As a sign of its success, this year, for the first time, the Festival will be a multi -day event so as to better celebrate the diversity and quality of cuisine in the city. While the Sunday afternoon tasting extravaganza remains the Festival's mainstay, the roster has expanded to include other activities. It kicks off Thursday night with a series of restaurant hops that highlight the range and quality of Saint John's dining establishments. Starting at one restaurant for the first course, the event moves to a different eatery for each course. Not only is it delicious fun for participants, the hop brings welcome business to the local hospitality industry at what is traditionally the slowest time of the year. The program continues Saturday with a community breakfast at Lily Lake Pavilion, organized in conjunction with the Boys and Girls Club of Saint John Inc., the Festival's charitable partner. The non -profit Fundy Food Festival has always given back to community. In past years, proceeds from the festival have gone towards a number of local food - related charities. In 2006, for instance, four $500 cheques were presented to District 8 schools to support breakfast programs for students in need. This year's proceeds will go to the Boys and Girls Club of Saint. 0i www.fundyfoodfestival.com For the last year and a half, the Festival's board of directors has focused on long -term planning, including selecting an anchor location that the Festival can call home for years to come. It was decided Lily Lake Pavilion was the perfect spot, as it is central and family- friendly, not to mention its beautiful setting. The building's size will allow up to 40 domestic vendors to share their specialties. Many of these participants are recently arrived in the city, through their cuisine, they share their cultures with the people of Saint John in a direct, personal way. With immigration and multiculturalism being such high priorities for the city right now, as reflected in plans such as the True Growth Strategy and Vision 2015, the Festival provides a grassroots way to better welcome and integrate newcomers. From Japanese sushi to Iranian pastries to Jamaican patties and West African stews, a world of wonderful food will be on offer. Alongside the domestic vendors will be more than 20 area restaurants serving their specialties. A number of mini - seminars on topics such as food and wine pairing or organic farming will also take place. The Festival has already secured several in -kind and media sponsors, including Cooke Aquaculture Inc. and the Telegraph - Journal. On behalf of the board of directors of the Fundy Food Festival, I would ask that the City of Saint John also support the festival. We are seeking a grant of $4,000. The money would be used to pay for marketing and the Festival website, as well as other up -front costs such as food expenses and booth rentals. Please refer to the attached sheet, for a detailed breakdown of those expenses. Thank you for your consideration Mlargret Begner President, Fundy Food Festival 506 -642 -2822 eat @operabistro.com 11 LIF page 2 www.fundyfoodfestivaI.com BUDGET Website Development $ 950.00 Print Material (Posters, Tickets, Programs, flyers) $1,000.00 Promotional Video Shoot $1,800.00 Food Expenses (fruit, vegetables, dishes etc.) $ 250.00 Total $4,000.00 Sponsors: Telegraph Journal Cooke Aquaculture Inc. Taylor Printing Group Inc. Uptown Saint John Inc. Flewwelling Press Design Art Signs The Mayor's Office H page 2 r ® � ?�Tl THE POWER OF EDUCATION January 17, 2008 Common Council Common Clerk's Office City of Saint John City Hall 15 Market Square, PO Box 1971 Saint John, New Brunswick E2L 4L1 Dear His Worship and City Counsillors: School District 8 District Education Council 490 Woodward Avenue • Saint John, NB, E2K 5N3 Tel 506.658.5300 • Fax 506.658.5399 • www.district8.nbed.nb.ca School District 8 will be officially launching an exciting initiative called Celebrate what's Right with the world on February 13, 2008. This initiative began in School District 6 and has grown to include families, business community, the community at large and other government departments. We are very pleased to be bringing this initiative to our schools and community. We believe the message expressed by this program will be a tool for change, to enhance the social and emotional health of our students. The Celebrate what's Right with the world philosophy creates an optimistic attitude in our communities, education systems, and work settings thereby improving personal satisfaction and success. Celebrate what's Right with the world goes far beyond the classroom affecting all in our community. As Saint John moves forward with Vision 2015, this program is consistent with the Community Vision Statement and Community Goals. I am therefore, requesting to make a presentation on this initiative to council in the month of February 2008. I look forward to presenting Celebrate what's Right with the world to council and working together to build a stronger community. Sincerely, Joan Wilkins Coordinator, CELEBRATE what's RIGHT with the world School District 8 E,% CELEBAXTE ,4c'pt yrr what's with the world t *, A k� THE POWER OF EDUCATION CELEBRATE what's RIGHT with the world" "CELEBRATE what's RIGHT with the world" began as an initiative of School District 6 and the District Health Advisory Committee. It has now grown to include families, the business community, the community at large and other government departments. This initiative will demonstrate how we can improve all areas of our lives when we are INTENTIONAL about celebrating what is right with the world. We believe the message expressed by this program will be a tool for change, to enhance the social and emotional health of our students. This program will be the vehicle to help educators guide students with this aspect of health. Celebrate What's Right with the World activities are also ideal for inclusion in a school Positive Learning Enviromnent Plan in order to: • Recognize good behaviour, successes and accomplishments • Help students develop self esteem, communication, social skills, respect for self and others, self control, productive behaviour, peaceful and cooperative problem solving, conflict resolution and the practice of democratic principles The messages are consistent — everyone can contribute and, as assets are nurtured in our students and community members, their commitments are celebrated. Realizing that impact is what happens when we are intentional, we look forward to the positive impact on the health of our students and community as this initiative unfolds. Champions in every District 8 school are being identified to work to promote this effort, to help identify and showcase all the wonderful things happening in our schools and communities. Monthly themes demonstrating celebration have been developed to help us focus on the key concepts from the DVD which demonstrate celebration. We believe "CELEBRATE" will be an initiative that will support and enhance the work of families, the business community, and the community at large. If you celebrate what people do well, it's like giving them oxygen and they perform way beyond your expectations. " Eleanor Roosevelt E,10 CELE6I OT � what's with the world THE POWER OF EDUCATION CELEBRATE is a philosophy that encourages positive thinking through 7 Key Concepts that were described in a DVD hosted by renowned photographer and motivational speaker Dewitt Jones: • Believe it and you will see it • Recognize abundance • Look for possibilities • Unleash your energy to fix what is wrong • Ride the changes • Take yourself to the edge • Be your best for the world The 7 Key Concepts will be woven throughout the school year with each month adopting a specific concept. Outside of Education, the CELEBRATE program provides opportunities to: • Improve our overall personal well being • Improve overall business results and employee performance • Improve relationships • Recognize contribution to community • Celebrate our community as a whole As a community we have a tremendous opportunity and responsibility to influence our children in a positive way. We can do this by ensuring we familiarize ourselves and embrace the philosophy of Celebrate. Through this we can focus on a common bond and language among schools, businesses, surrounding community and families. Celebrate what's RIGHT with the world Believe it! See it! Celebrate it! E, El! REPORT TO COMMON COUNCIL M & C 2008 — 03 January 11 "', 2008 The City of Saint John His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: STORM WATER MANAGEMENT WESTGATE- GLENWOOD CATCHMENT AREA PURPOSE OF REPORT The purpose of this report is to update Common Council and the public on storm water management progress in the large drainage catchment area bounded on the west by Gault Road, the south by Manawagonish Road, the east by Manchester Avenue and the north by South Bay, in advance of a neighbourhood meeting scheduled for January 23rd PRIMARY REFERENCES Flooding Glenwood / West Side Estates, June 4 -5, Report to Common Council, M & C 2006 - 161, City of Saint John, June 15th, 2006 2. Stormwater Management Plan Glenwood Drive, Report of CBCL Limited (Consulting Engineers) for the City of Saint John, August 2006 5. West Side Estates Storm Water Management Project, Report to Common Council, M & C 2006 - 240, City of Saint John, August 22nd, 2006 4. Select Design Option and Complete Detailed Design of an Upgraded NBSR Storm Culvert, Final Design Report of CBCL Limited (Consulting Engineers) for the City of Saint John, May 2007 5. Agreement with New Brunswick Southern Railway Storm Culvert, Report to Common Council, M & C 2007 - 315, City of Saint John, September 20d', 2007 6. Agreement's By and Between New Brunswick Southern Railway Company Limited and The City of Saint John, on reconstruction of NB SR culvert, September 2007 7. Storm Drainage Design Criteria Manual, Draft #3, prepared by Terrain Engineering for the City of Saint John, January 7th, 2008 45 Report to Common Council, M & C 2008 -03 January II"', 2008 Storm Water Management, Westgate- Glenwood Catchment Area BACKGROUND A heavy rainfall (116 mm) over a weekend early in June 2006 produced flooding conditions in various areas of the city. Significant localized flooding occurred in the Glenwood Drive / West Side Estates area of West Saint John. A flood response plan was implemented immediately following the event; its main objectives being to identify factors contributing to the flooding, to implement measures to mitigate the potential for future flooding, and to communicate with stakeholders. Local residents, affected in some way by the flooding, formed the West Side Estates Committee. This well organized neighbourhood group worked with the City to identify issues and solutions, and provided for effective communication with the community. Other key stakeholders are the New Brunswick Southern Railway Company Limited and the subdivision developer, Bob Darling. The consulting services of CBCL Limited were engaged in the early stages to carry out a comprehensive engineering analysis and to provide storm water drainage advice. CBCL produced a report entitled "Stormwater Management Plan Glenwood Drive ", which studied the overall drainage basin (catchment area) and made several recommendations to improve storm water flows and mitigate the potential for flooding. ANALYSIS Storm drainage in the West Side Estates subdivision and its surrounding catchment area is directed to a stream that flows (near homes) toward South Bay. The June 2006 rainfall event led to backup of the stream; overflowing its banks and flooding parts of Glenwood Drive. The basement of an adjacent home was flooded. A catch basin located on higher ground was also overwhelmed by runoff directed towards it, causing water to back up in two back yards and eventually gouge a course between homes down to Glenwood Drive. Lawn damage and a second flooded basement resulted. Municipal Operations & Engineering, with support of the Fire Department, responded promptly and for several days worked to clean debris from the street and storm drainage system, and to assess conditions. A significant factor in the stream overflow was restriction at a culvert under the New Brunswick Southern Railway (NBSR) rail bed downstream from the subdivision. NBSR personnel were present on site, liaised with City staff and made emergency repairs. Staff also met with the developer who committed to making some lawn repairs. As an interim measure, Saint John Works lowered the ground around the catchbasin that had been overwhelmed and put in an overflow trench to take water away from the homes. Page 2 M Report to Common Council, M & C 2008 -03 January II"', 2008 Storm Water Management, Westgate- Glenwood Catchment Area Several improvement milestones for area drainage have since been achieved: i . Saint John Works cleared accumulated soil, debris and fallen vegetation from the brook to improve flow (after access permission was sought and received from adjacent land owners, along with a watercourse alteration permit); 2. A storm water system was installed along Pipeline Road West for the City in 2006 to redirect storm water runoff away from the new subdivision; 5. A downstream cross culvert under Bay Street was constructed for the City during the 2007 construction season; 4. A storm water outfall to the brook from Burnside Crescent was improved with a proper headwall by Saint John Works in the 2007 construction season; and 5. A contingency plan to mitigate the risk of flooding at a vulnerable residence was developed (and acted upon several times over the past year). Dialogue with neighbourhood residents has been ongoing, including regular communication with committee chairs and staff attendance at meetings. Culvert Improvement A system critical component remains to be reconstructed: the culvert owned by NBSR. Common Council approved $450,000 in the 2007 General Fund Capital Program — Storm Category towards upgrade of this system critical storm drainage culvert; with the expectation that "others" would contribute an equivalent amount for the necessary work. The City engaged CBCL Limited to produce a design and costing information. The report entitled "Select Design Option and Complete Detailed Design of an Upgraded NBSR Storm Culvert", received in May 2007, identified several culvert design options. Formal communications with NBSR began in September 2006 — with Council's consent. From the outset, the need for detailed engineering design and cost information was recognized; the advice provided by CBCL has been critically important. The feasibility and cost of design options were evaluated. Management staff worked with counterparts at NBSR to determine how a partnership could best work to achieve mutually beneficial results - improved storm drainage capacity and reliable infrastructure standards. Council has been kept informed through a series of reports - an update on July 17th, 2006 and staff reports dated June 15th, 2006 (M &C 2006 -161), July 13th, 2006 (M &C 2006— 240) and August 22 "d, 2006 (M &C 2006 -311). In M &C 2007 -315, dated September 20th, 2007, staff brought forward a recommendation on a proposed agreement with New Brunswick Southern Railway for the upgrade of the storm drainage culvert. Page 3 47 Report to Common Council, M & C 2008 -03 January II"', 2008 Storm Water Management, Westgate- Glenwood Catchment Area Agreement between NB Southern and the City The proposed agreement, yet to be formally ratified by the company, offers a shared solution that, we believe, serves the best interest of both the community and the company. NBSR would benefit in two main ways: 1. The new NBSR culvert would have sufficient capacity to convey the storm water flows generated by runoff from a projected 1 -in -100 year storm to adequately mitigate the risk of flooding the upstream properties owned by others. 2. The existing culvert is in poor condition and requires major rehabilitation work. Citizens and the City of Saint John would also gain in two key respects: The risk of flooding near the brook would be appropriately mitigated; home owners near the most vulnerable point should not have to worry each time it rains. 2. Development in the area would be able to proceed as the planned culvert would accommodate projected storm water flows from the catchment area. Under the proposed agreement NBSR would construct the culvert; an arrangement preferred by both the company and the City. The infrastructure belongs to the company; it has access to the resources necessary to complete construction in a timely manner, and is in a position to coordinate railway operations with that work. This approach is in the City's best interest as it limits cost, risk and potential liabilities. NBSR would accept the majority of the risk associated with this project. Significant is the operational risk associated with the rail line being out of service for part or the full duration of the construction project. Construction delays could impact business commitments. The agreement ensures that the most critical consideration for the City is clearly specified; that the culvert is constructed to such a capacity that the risk to flooding to residents upstream is appropriately mitigated: "NB Southern shall construct the Culvert to such dimensions that it accommodates a I in 100 year storm event..." FINANCIAL IMPLICATIONS The City of Saint John would contribute $410,000 towards the cost of reconstructing the culvert and would not be responsible for any other or additional costs related to the final design and reconstruction. NB Southern would be responsible for all costs in excess of the City's contribution. The City has expended about $40,000 towards consulting and design services. Overall, the public's financial contribution would remain within the $450,000 envelop approved by Council. The City shall have no interest in the ownership of the culvert, nor any responsibility for its future maintenance. Page 4 .; Report to Common Council, M & C 2008 -03 January II"', 2008 Storm Water Management, Westgate- Glenwood Catchment Area TOWARDS VISION 2015 Although this report covers one of many drainage catchment areas in the community and a specific, privately -owned storm drainage facility (culvert), the issues here reflect the challenges associated with storm drainage generally. Effective storm water management is central to achieving quality, cost - effective and sustainable municipal development. A drainage plan is required for every new development; one based on design guidelines that define required parameters and other drainage considerations (e.g. how the development fits into the larger drainage scheme). The Storm Water Management Strategy currently being prepared will propose adoption of such standards. Developments shall be serviced by a dual drainage system consisting of both a minor storm drainage system (piped) and a major (overland) storm drainage system. The minor system will be required to convey stormwater runoff generated by a one in 5 -year (1:5) return period storm; the major system designed for a one in 100 -year (1:100) storm. The Storm Water Management Strategy will also address other considerations, such as downstream capacity, upstream impacts on minor systems or individual lot grading, and groundwater issues. The Storm Water Management Strategy shall require that storm drainage systems be designed and constructed to achieve objectives such as: i . Prevent loss of life and protect structures and property from damage due to flooding events; Z. Provide safe and convenient use of streets, lot areas, and other improvements during and following precipitation and snow melt events; 5. Adequately convey stormwater runoff from upstream sources; 4. Mitigate the adverse effects of stormwater runoff, such as flooding and erosion, on downstream properties; 5. Preserve designated watercourses and natural designated wetlands; and 6. Minimize the long -term effects of development on the receiving surface water and groundwater regimes from both a quantity and quality perspective. NEIGHBOURHOOD CONSULTATION Staff will be meeting with the West Side Estates Committee on the evening (7 to 8:30 pm) of Wednesday, January 23rd to review storm water management progress, with a presentation and discussion planned. The meeting will be held at St. Mark's United Church on Dexter Drive. Members of Council are certainly welcome to attend. Page S .• Report to Common Council, M & C 2008 -03 January H "`, 2008 Storm Water Management, Westgate- Glenwood Catchment Area There will be a review of the status of the action plan objectives: i . Initial response and clean -up following the flooding in June 2006; Z. Clearing and improvements along the brook by City Works staff, 3. Installation of a new storm water system along Pipeline Road West to the brook to redirect additional storm water away from the subdivision; 4. Improvements to the storm water outfall on Burnside Crescent at the brook; 5. Contingency plan for a vulnerable property to mitigate flood damage, continuous monitoring during heavy rainfall events, and activating the plan; 6. Major upgrade of the downstream municipal cross culvert under Bay Street; 7. Continuing dialogue with the West Side Estates Committee; and 8. Status (reconstruction) of the NBSR culvert under the railway line. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager 50 Page 6 M &C- 2008 -05 January 15, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date — 557 Westmorland Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Megamark Inc. 557 Westmorland `13-1" "SZ -23" To permit a Road lounge RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Megamark Inc. (557 Westmorland Road) for Monday, March 3, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development :G 51 Terrence Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL r� January 10, 2008 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Reprinting of City Tour Map BACKGROUND: In 2003 and 2005, the City of Saint John, in cooperation with Rand McNally Canada, developed and produced a bilingual tour map, designed to better respond to the needs of the user. The current map has a shelf -life of two years and only a few thousand are left. Total map expenditures for 2005 were $36,000.00. A new tour map must be produced in time for the opening of our Visitor Information Centres in May. In reprinting, if continuing to use Rand McNally, costs associated with design would be minimal. Rand McNally has quoted a cost per thousand of $160.00 for printing a quantity of 200,000 maps. There will be an additional $3,000.00 for updates and artwork changes. In total, reprinting the map with some revisions would be approximately $35,000.00 plus taxes. Monies have been allocated in the 2008 tourism department budget. In the production, Rand McNally will make any necessary changes, as specified by the department, to streets, exits and new points of interest relevant to the user. CONCLUSION The tour map is the most utilized and requested piece of literature for every visitor to Saint John, whether convention delegates, cruise passengers, or individual travelers. As such, the city must ensure the map provided is accurate, easily used and of a high quality. Staff is confident we have such a product in the existing Rand McNally map. 52 f The City or Saint John Report to Common Council January 11, 2008 Page 2 Your City Manager recommends that Common Council approve the expenditure of $35,000 plus taxes for the purchase of 200,000 new tour maps from Rand McNally. Res Ily Submitted, C)� P ick W90ds, C.G.A. eputy Pty Manager Terry Totten, F.C.A. City Manager 46 %] Breeze across the Bay of Fundy on the Princess of Acadia. Sails between Saint John, New Brunswick and Digby, Nova Scotia. Save seven hours and 582 km of driving! For schedules, fares and reservations, call 1 -888- 249 -SAIL (7245) or visit www.nfl - bay.com. 0 ferries 54 55 s of InterestlEndroits interessants 10. Trlrllly, Church 15 . Prince Edwerd Square 11. Three Sisters Lamp Carl ml Pdnce Edward Lampadaire des Trois SOeure 19. Saint John Arlo Care 72. Queen Square Carl des arts de Saint John 20. Saint John Free Publlc 13. Church W St Andrews Library and SL David Biblothaqua publiqua L'eglise de SL Andrews de Saint John at SL David 21. Barbouns General Store 14. SL John's Slone Church Magasin general Barbour n Petite agllse de piarre 22. Harbour Station , one Way Street 15. St. Joseph's Hospital Hdp481 St. Joseph 23. Canada Games Aquatic Centre Rue A sens unique _ Pedestran Wall 16. Cathedral of the lmma- Centre aquatique des Jeux Sentler de mamhe culate Conception du Canada Traffic Light Locations Cathadrele de IN I'Immaculk- Corceptum 24. Firefighters Museum Museadespompiers 0 Faux de circulation 17. CI Market Mal public 25. Cruise Ship Doll Dabarcaoare des croisiares ■ Parking Lot Le Stationnement xrt =Oi 121 )JOHN EST \\ 56 Breeze across the Bay of Fundy on the Princess of Acadia. Sails between Saint John, New Brunswick and Digby, Nova Scotia. Save seven hours and 582 km of driving! For schedules, fares and reservations, call 1 -888- 249 -SAIL (7245) or visit www.nfl - bay.com. 0 ferries 57 REPORT TO COMMON C O U N C I L M & C 2008 - 04 January 16, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultants — 2008 Capital Program PURPOSE OF THIS REPORT The City of Saint Join The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of engineering consultants to carry out design and construction management services for a number of approved projects in the 2008 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND On March 18, 2002 (M &C 2002 -87) Common Council approved the direct engagement of Engineering Consultants to carry out design and construction management services for nine specific projects approved under the 2002 Capital Program. This method of direct engagement proved to be an efficient and cost effective method for the hiring of consultants and the process was again utilized in 2003 (M &C 2003 -368), 2004 (M &C 2004 -34), 2005 (M &C 2005 -42), 2006 (M & C 2006 -31) and 2007 (M &C 2007 -29) where Council approved the direct engagement process for eight, seven, six, thirteen and twenty -eight specific projects respectively under the 2003, 2004, 2005, 2006 and 2007 Capital Programs. Our professional engineering resources are fully tasked, with a very demanding workload expected of all your engineering staff. The engagement of engineering consultants now will allow the preliminary design and detailed design work for specific projects to be completed so that construction work can proceed this year. M M & C 2008 -04 January 16, 2008 Page 2 Identified in the description of certain approved 2008 projects is the requirement to hire outside consulting engineering services for design and /or construction management work. The engagement of consultants is, in and of itself, a very involved, time - consuming process. As such, and given the overall workload of available staff, we are proposing for 2008 as we did in 2002, 2003, 2004, 2005, 2006 and 2007 to hire specific consultants by the direct engagement method. The existing procurement policy calls for employment of "the Proposal Call method of vendor selection" for the engagement of professional services which require the approval of Common Council — those with an estimated value greater than $25,000. ANALYSIS The Proposal Call method requires a period of 7 to 8 weeks for each substantial project. The procedure is time consuming and costly, both for the City and the consulting firms involved. It includes: preparation of the request for proposal (RFP); advertisement of the RFP; preparation and submission of a relatively elaborate proposal by each interested firm; detailed evaluation of each submitted proposal by an evaluation committee of staff (typically, 4 or 5 staff members from different departments); preparation and submission of a report to Council recommending the selection of a consultant; and, finally, notification of the selected consultant and confirmation of expectations. After the grouping of similar or related projects, there would be a need to carry out twenty proposal calls this year. The challenge before your staff is to strive to complete projects in the most efficient and cost - effective manner possible - over the long term. To do that, we need to find ways to optimize the available work time of the professionals responsible. These resources are presently stretched to the limit. It is not staff's intention to request an amendment of the procurement policy for general application, but to obtain approval from Council to deal directly with particular consultants for a number of specified projects. The rationale for doing so is summarized herein. For those projects, the request is that Common Council authorize staff to conduct necessary negotiations with identified consultants on a project -by- project basis. The following table identifies the consultants proposed for specific projects and includes the estimated amount that was approved in the 2008 Capital Program for Engineering Design and /or Construction Management services. 59 M & C 2008 -04 January 16, 2008 Page 3 CONSULTANT ENGAGEMENTS AN Estimated amount approved in 2008 Capital Program for Proposed Project Engineering Design and /or Consultant Construction Management Services Rothesay Avenue and Simpson Drive $35,000 Wastewater Pumping Facilities — Upgrade Godfrey Associates Ltd. Rothesay Road — Street Reconstruction $360,000 Saint John, NB Spar Cove Road — Lift Station $200,000 Braemar Drive — Street Reconstruction $70,000 ADI Limited Parkhill Drive — Watermain and Sanitary $30,000 Saint John, NB Sewer Brunswick Drive — Street Reconstruction $120,000 Dillon Consulting Paul Harris Street — Road Reconstruction $50,000 Ltd. Saint John, NB Watershed Structures — Evaluation and $100,000 Hatch Energy Design Rothesay, NB Simms Corner — Survey and Design $200,000 Princess Street — Road Reconstruction $390,000 Terrain Group Saint John, NB Westfield Road — Preliminary Design $125,000 Manawagonish Road — Street $360,000 Reconstruction Watershed Protection Facilities $40,000 Crandall Red Head Road — Street Reconstruction $30,000 Engineering Ltd. Saint John, NB Red Head Road — Engineering Assessment $250,000 & Alignment Options East Transmission System — Condition $450,000 Evaluation Storm Water Management Millidgeville — $400,000 CBCL Limited Saint John, NB Preliminary Design AN M & C 2008 -04 January 16, 2008 Page 4 Certain consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated maximum or upset fee for the engineering services required and requesting Council's approval to engage the consulting firm. The negotiations would proceed as follows: A detailed scope of work would be developed by staff for each project and, based on that scope of work, the consulting firm would be required to submit their proposed project team, work plan, schedule and an upset price to complete all the work identified. Staff would then review their submission and evaluate the proposed upset fee for the project. Staff would then seek to settle on an acceptable upset fee with the consultant for submission to Council. 61 Estimated amount approved in 2008 Capital Program for Proposed Project Engineering Design and /or Consultant Construction Management Services Rural Road Upgrades $75,000 Hughes Surveys Saint John, NB Mystery Lake — Flood Control System $100,000 Gemtec Limited Saint John, NB Water Street - Parks $60,000 Glenn Group Ltd. Fredericton, NB Justice Development — Design For Street $500,000 Stantec Consulting Reconstruction Fredericton, NB Water Treatment Facilities — Preliminary $50,000 Touchie Design & Testing Engineering Moncton, NB Certain consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated maximum or upset fee for the engineering services required and requesting Council's approval to engage the consulting firm. The negotiations would proceed as follows: A detailed scope of work would be developed by staff for each project and, based on that scope of work, the consulting firm would be required to submit their proposed project team, work plan, schedule and an upset price to complete all the work identified. Staff would then review their submission and evaluate the proposed upset fee for the project. Staff would then seek to settle on an acceptable upset fee with the consultant for submission to Council. 61 M & C 2008 -04 January 16, 2008 Page 5 Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. The costs incurred by consultants would be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. Should staff be unable to reach an acceptable agreement with the proposed consultant, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. INPUT FROM OTHER SOURCES As was done for the engagement of consultants in 2002, 2003, 2004, 2005, 2006 and 2007, this 2008 proposal has been reviewed with the Purchasing Agent and City Solicitor. RECOMMENDATION Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of engineering consultants to carry out design and construction management services for the 2008 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the "Consultant Engagements" outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A Commissioner, City Manager Municipal Operations & Engineering M M & C 2008 -04 January 16, 2008 Page 6 CONSULTANT SELECTION RATIONALE Page 1 Project Rationale Rothesay Avenue and Simpson Drive In 2005, Godfrey Associates Ltd. completed an Wastewater Pumping Facilities — electrical upgrade design for a similar facility Upgrade (McAllister Drive) to the Rothesay Avenue and Simpson Drive - Wastewater Pumping facilities. Rothesay Road — Street Reconstruction Godfrey also recently completed similar street reconstruction projects (2006 - Rothesay Road @ Old Orchard Lane; 2007 - Latimore Lake Road) to the Rothesay Road — Street Reconstruction project. Spar Cove Road — Lift Station In 2002 (M &C 2002 -201), Common Council approved retaining ADI Limited to carry out design and Braemar Drive — Street Reconstruction construction management for the Spar Cove Road — Lift Station. The detailed design was substantially completed but due to funding limitations, construction Parkhill Drive — Watennain and Sanitan of the Lift Station did not proceed at that time. The Sewer Spar Cove Road — Lift Station project was relisted and approved as part of the 2008 Capital Program. It would be appropriate for ADI to continue in 2008 with finalizing the detailed design and to proceed with construction management. In 2007, ADI completed the design and construction management on a similar project (Karen Street — Sanitary Sewer) to the Braemar Drive and Parkhill Drive projects and it would be appropriate for ADI to carry out the design and construction management on these two projects. Brunswick Drive — Street Reconstruction Dillon Consulting Ltd. is currently working on the design for the Westgate Park Lift Station & Forcemain Paul Harris Street — Road Reconstruction Upgrade, as well as the Harbourview Subdivision — Water System Study. Through the completion of recent projects, Dillon has demonstrated they have the expertise and experience to successfully carry out design and construction management work for municipal projects. It would be appropriate in 2008 for Dillon to complete design and construction management work on the Brunswick Drive and Paul Harris Street prcj ects. 63 M & C 2008 -04 January 16, 2008 Page 7 CONSULTANT SELECTION RATIONALE Page 2 Project Rationale Watershed Structures — Evaluation and Hatch Energy (formerly SGE Acres) has recently Design submitted the study report for the 2007 phase (Loch Lomond system) of the Watershed Structures — Evaluation and Design project and it would be appropriate for Hatch to continue in 2008 with Phase 2 of the design project. Simms Corner — Survey and Design Terrain Group has been working on the preliminary design for the Simms Corner project under the 2006 Princess Street — Road Reconstruction Capital Program. It would be appropriate for Terrain to continue with the additional survey and design component Westfield Road — Preliminary Design under the 2008 Capital Program. Terrain was responsible for the design and construction management work for the Sandy Point Road — Water and Sewer Extension and Road Reconstruction project that was completed in 2004. Staff were pleased with the consultant's work and recommend the Terrain Group for the Princess Street — Road Reconstruction and Westfield Road — Preliminary Design projects as the work is of a similar nature to the Sandy Point Road project. Manawagonish Road — Street The projects identified for Crandall Engineering Ltd. are Reconstruction all considered extensions of projects recently completed or that Crandall is currently working on. In 2006/2007, Watershed Protection Facilities Crandall completed the design and construction management work on Manawagonish Road between Red Head Road — Street Reconstruction Fairville Boulevard and Ridge Row, and it would be appropriate for Crandall to continue with the next phase Red Head Road — Engineering of the project under the 2008 Capital Program. Crandall Assessment & Alignment Options has carried out the design and construction management work under the 2006 and 2007 Capital Programs for Watershed Protection Facilities and it would be appropriate for Crandall to continue with the next phase of the project under the 2008 Capital Program. Crandall has completed the design, with construction management continuing on the Red Head Road between Bayside Drive and the Hazen Creek Wastewater Treatment Plant and it would be appropriate for Crandall to continue with the supplemental work on the project under the 2008 Capital Program. Crandall has been involved in a number of projects over the past few years involving the Red Head Road, including the Secondary Access Road. It would be appropriate for Crandall to carry out the Red Head Road — Engineering Assessment & Alignment O tions Stud . M & C 2008 -04 January 16, 2008 Page 8 65 M & C 2008 -04 January 16, 2008 Page 9 CONSULTANT SELECTION RATIONALE Page 3 Project Rationale East Transmission System — Condition The projects identified for CBCL Limited are all Evaluation considered extensions of projects recently completed by CBCL. The preliminary design work for the Storm Water Management Millidgeville Reconfiguration of the Eastern Water Distribution System — Preliminary Design was completed by CBCL in 2003. The 2008 East Transmission System — Condition Evaluation project is of a similar nature to the 2003 project. In 2007, CBCL completed a Storm Water Management Study in the Boars Head Road and Woodward Avenue area of Millidgeville. The 2008 project, Storm Water Management Millidgeville — Preliminary Design would be considered an extension of the work that CBCL Limited has recently completed. Rural Road Upgrades Hughes Surveys &Consultants Inc. have been working with the City in recent years on the preliminary and detailed design for the Rural Road Upgrades projects. The 2008 Rural Road Upgrades project would be considered an extension of that project and it would be appropriate for Hughes to continue with the design for the next phase. Mystery Lake — Flood Control System Gemtec Limited has been working with the City over the past several years on Landfill Closure projects, most recently involving the Howes Lake site. Staff have been very pleased with the consultant's work. Gemtec also specializes in Hydrotechnical and Flood Risk Analysis. It would be appropriate to utilize Gemtec for the Mystery Lake — Flood Control System project. Water Street - Parks Glenn Group Ltd. have been working with the City and the Waterfront Development Partnership during 2007 on the design of Water Street Precinct — Parks. It would be appropriate for Glenn Group to continue in 2008 with finalizing the detailed designs and to proceed with construction management. Justice Development — Design For Street Stantec Consulting (formerly Neil & Gunter) recently Reconstruction completed the design and construction management for the Ashburn Lake Road — Road Reconstruction project. Staff have been very pleased with the consultant's work. It would be appropriate for Stantec to carry out design work in 2008 for the Justice Development — Street Reconstruction project as the work would be considered to be of a similar nature to the previously completed project. .. M & C 2008 -04 January 16, 2008 Page 10 CONSULTANT SELECTION RATIONALE Page 4 Project Rationale Water Treatment Facilities — Preliminary Touchie Engineering is currently working on the Design & Testing preliminary design of the eastern and western potable water treatment facilities under the 2006 Capital Program. It would be appropriate for Touchie to continue in 2008 with the additional preliminary design & testing associated with this project. 67 i4 REPORT TO COMMON COUNCIL OPEN SESSION M & C 2008 - 007 January 17, 2008 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT �. "M J City of Saint John Appointment of Officers for enactment of Municipalities Act (Chapter M -22), Sections 190 - 190.07 and 93 Authorization of the Common Clerk to affix the corporate seal to Notices issued by appointed Officers BACKGROUND In order enact recent changes to the Municipalities Act (Chapter M -22) for dangerous or unsightly premises (Section 190 - 190.07) and for codes respecting standards for maintenance and occupancy of buildings and premises (Section 93), a resolution by Common Council is required. This resolution is to appoint Officers for reasons of: • notifying owners or occupiers when a premise is unsightly or in a dangerous condition and for; • notifying owners and occupiers of buildings and structures that do not meet the standards defined in the Minimum Property Standards By -law and/or the Residential Property Maintenance and Occupancy Code. In addition, a resolution is required to authorize the Common Clerk to affix the corporate seal of the City of Saint John to any Notices issued by the appointed Officers. 68 �� M & C 2008 - 007 - 2 - January 17, 2008 RECOMMENDATION Your City Manager recommends Common Council appoint four Officers, for the purposes outlined above, by adopting the attached resolution. Additionally, your City Manager recommends the Common Clerk be authorized to affix the corporate seal of the City of Saint John to any Notices issued by the appointed Officers. Respectfully submitted, Wm. Edwar s, P. Eng. Commiss' ner ildi and ection S ces Terrence Totten, CA City Manager M01 Whereas subsection 190.01(3) of the Municipalities Act (Chapter M -22) provides that an officer appointed by a council may notify an owner or occupier when a premises owned or occupied by him is unsightly because specified items are on it, or a building or structure owned or occupied by him is a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. And Whereas section 94.1 of the Municipalities Act provides that subsections 190.001(1) and 190.01(3) and sections 190.02 to 190.07 of the Municipalities Act are to be incorporated into a by- law that is enacted respecting standards for the maintenance and occupancy of buildings and premises. And Whereas subsection 190.01(3) of the Municipalities Act provides that the notice shall be in the form prescribed by regulation, and the form (Notice To Comply) prescribed in the Land Registry Forms Regulation — Municipalities Act, Regulation 2007 -22 requires that the corporate seal of a municipality be affixed to it. Be It Resolved that William Edwards and David Crawford and Amy Poffenroth and Pamela Bentley are hereby appointed to, in accordance with the Municipalities Act, notify owners and occupiers with respect to premises that are unsightly, and buildings and structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, and buildings and structures that do not meet the standards that are set out in the City's Minimum Property Standards By -law or in the Residential Properties Maintenance and Occupancy Code Regulation — Municipalities Act or in both. Each appointment shall continue until the person ceases to be an employee of The City of Saint John or the appointment is revoked by Common Council, whichever comes first. Be It Further Resolved that Patrick Woods, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to each Notice To Comply that is issued by the aforesaid persons. This authorization shall continue until the person ceases to be an employee of The City of Saint John or the authorization is revoked by Common Council, whichever comes first. riff REPORT TO COMMON COUNCIL M &C - 2008 -08 January 16, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Eider Rock Refinery Environmental Review — EIA Status ;= City of Saint john The purpose of this report to Council is to indicate the status of the Environmental Review regarding the proposed Eider Rock Refinery. The following explains the current review process. BACKGROUND: As Council is aware, the Project would involve the development of a new petroleum refinery, marine terminal, and associated land -based and marine -based infrastructure in the Red Head area. The new refinery would be capable of processing up to 300,000 barrels per day of crude oil, a similar capacity to the existing refinery. The purpose, rationale, and need for the Project were described in detail in the EIA Registration/Project Description document for Project Eider Rock, which was filed with the provincial and federal regulatory agencies on January 25, 2007, to initiate the EIA/EA processes. Information on the project is available on the Irving Oil website at http: // www. irvingoil.com /company /erock.asp. Several public open houses were held by the proponent and their consultants to discuss the proposal and the guidelines. Currently the draft Terms of Reference for the Environmental Impact Assessment is being reviewed. The Terms of Reference is submitted to meet the requirements of the Final Guidelines for the Environmental Impact Assessment (the Final Guidelines can be found on the Government of New Brunswick website at http: / /www.cnb.ca /0009/0377/0002 /0029 -e.pdf ) for the Project that were issued on June 4, 2007 by the New Brunswick Minister of Environment. The Terms of Reference describes the proposed approach to and methods for carrying out the environmental impact assessment (EIA) of the Project under the Environmental Impact Assessment Regulation. The Terms of Reference also outlines the 71 Report to Common Council Page 2 January 18, 2008 Proponent's planned approach to conducting the environmental assessment (EA) of the Project to meet the requirements of the Canadian Environmental Assessment Act (CEAA). The Terms of Reference also describes how Irving Oil will engage the public, stakeholders, and First Nations during the course of the EIA/EA process. The table of contents for this material as well as a copy of the public engagement section is attached for Council's reference. The draft Terms of Reference document can be made available through the Common Clerk or found at http://www.irvingoil.com/dloads/Terms of Reference.pdf . This past Saturday, January 12th, an open house was held regarding the Terms of Reference and was reported on by the Telegraph Journal. The public has until the 30th of January to provide any further comments. Comments can be provided to: David E. Maguire, B.Sc., MRM Project Manager Project Assessment (EIA) Branch NB Department of Environment tel (506) 453 -8944; fax (506) 453 -2627 email: david.maguire @gnb.ca In the meantime, the Technical Review Committee for the EIA /EA, representing the various government departments, is continuing to review the Terms of Reference and will provide their recommendations to the Minister. Once the public and technical inputs are incorporated and the Terms of Reference are approved, the official preparation for the EIA /EA document will be undertaken. The project consultants have of course been preparing background material and collecting benchmark data that will be required for reference in the documents. Preparation and approval of the EIA/EA is expected to take approximately 18 months. Closing Remarks Staff of several city departments have provided preliminary information to the project consultants and to the Technical Review Committee with regard to items such as water supply, transportation, land use issues, fire protection and safety. If Council has any further questions or particular comments to be submitted, please let us know and staff can obtain clarification or forward that input to the Department of Environment. 72 Report to Common Council Page 3 January 18, 2008 CONCLUSION: City staff will continue to provide comments and information to the proponent and their consultants, to monitor the review process and to provide status and comments to Common Council. RECOMMENDATION: That this report be received and filed. submitted, L �: w J"" R. Baird, MCIP Commissioner Planning & Development Terrence Totten, F.C.A. City Manager CLC 73 Table of Contents EXECUTIVESUMMARY ............................................................................. ............................... i RESUME.................................................................................................... ............................... v GLOSSARY........................................................................................... ............................... xvii LIST OF ACRONYMS AND UNITS xxiii " 1.0 INTRODUCTION .......................................................................................... ..............................1 1.1 Background ........................................................................................ ..............................1 1.1.1 About Project Eider Rock ...................................................... ..............................1 1.1.2 Purpose /Rationale /Need for the Project ................................ ..............................3 1.2 Regulatory Framework Applicable to the Project ............................... ..............................3 1.2.1 New Brunswick Environmental Impact Assessment Regulation .........................3 1.2.2 Canadian Environmental Assessment Act ............................ ..............................4 1.3 Organization of the Terms of Reference ............................................ ..............................5 2.0 ENVIRONMENTAL IMPACT ASSESSMENT METHODS AND SCOPE OF THE EIA/EA ....... 7 2.1 Environmental Impact Assessment Methodology .............................. ..............................7 2.1.1 Overview of Approach ........................................................... ..............................8 2.2 Scope of the Environmental Assessment ......................................... .............................10 2.2.1 Provincial Environmental Impact Assessment ..................... .............................10 2.2.1.1 Scope of the Project .............................................. .............................10 2.2.1.2 Factors to be Considered ...................................... .............................12 2.2.2 Federal Environmental Assessment .................................... .............................13 2.2.2.1 Scope of Project .................................................... .............................13 2.2.2.2 Factors to be Considered ...................................... .............................14 2.3 Issues Raised by the Public .............................................................. .............................15 2.4 Issues Raised by First Nations ......................................................... .............................17 2.5 Selection of Valued Environmental Components .............................. .............................17 3.0 PUBLIC, STAKEHOLDER, AND FIRST NATIONS ENGAGEMENT ........ .............................21 3.1 Planned Public Engagement Methods .............................................. .............................22 3.1.1 Website, Toll -Free Information Line, Direct Mail, Information Brochures .......... 22 3.1.2 Open Houses ....................................................................... .............................23 3.1.2.1 Open House #2 (Terms of Reference) ................ ............................... 23 3.1.2.2 Open House #3 (Preliminary EIA/EA Results) ...... .............................24 3.1.2.3 Open House #4 (Final EIA/EA Report) .................. .............................24 3.1.3 Formal Public Meeting ......................................................... .............................24 3.1.4 Stakeholder Workshops and Targeted Discussions ............ .............................24 3.1.5 Other Engagement ............................................................... .............................25 3.2 First Nations Engagement ................................................................ .............................25 3.3 Regulatory Consultation .................................................................... .............................26 3.4 Tracking and Responding to Issues of Concern ............................... .............................26 4.0 STRUCTURE AND CONTENT OF THE EIA /EA REPORT ........................ .............................29 4.1 General Structure of the EIA/EA Report ........................................... .............................29 4Wih Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 xi NEI 4.2 Executive Summary ................................................ ............................... 4.2.1 Table of Concordance ................................ ............................... 4.3 Chapter 1.0 — Introduction ...................................... ............................... 4.3.1 Purpose of the EIA/EA Report ................... ............................... 4.3.2 Project Overview ........................................ ............................... 4.3.3 Proponent ................................................... ............................... 4.3.4 Regulatory Framework ............................... ............................... 4.3.5 Organization of the EIA/EA Report ............ ............................... 4.4 Chapter 2.0 — Project Description ........................... ............................... 4.4.1 Petroleum Refinery History and Industry Overview .................. 4.4.2 Project Purpose (Project Rationale and Need for the Project) .. 4.4.3 Alternatives to the Project .......................... ............................... 4.4.3.1 Alternative Means of Carrying Out the Project ........... 4.4.3.2 Route Selection Study ................. ............................... 4.4.4 Description of the Facilities ........................ ............................... 4.4.4.1 Geographic Location, Facilities Layout, and Footprint 4.4.4.2 Marine Terminal .......................... ............................... 4.4.4.3 Refinery Complex ........................ ............................... 4.4.4.4 Linear Facilities ........................... ............................... 4.4.5 Construction ............................................... ............................... 4.4.6 Operation ................................................... ............................... 4.4.7 Decommissioning and Abandonment ........ ............................... 4.4.8 Environmental Management ...................... ............................... 4.4.9 Emissions, Discharges and Wastes ........... ............................... 4.5 Chapter 3.0 — Consultation and Engagement ......... ............................... 4.6 Chapter 4.0 — Environmental Assessment Methods .............................. 4.7 Chapter 5.0 — Environmental Setting ...................... ............................... 4.8 Chapter 6.0 — Project Interactions with the Environment ....................... 4.9 Chapters 7.0 to 22.0 — Environmental Effects Analysis for each VEC... 4.10 Chapter 23.0 — Effects of the Environment on the Project ..................... 4.11 Chapter 24.0 — Accidents, Malfunctions and Unplanned Events........... 4.12 Chapter 25.0 — Conclusion and Recommendation . ............................... ............30 ............30 ............30 ............30 ............31 ............31 ............31 ............31 ............31 ............32 ............32 ............32 ............32 ............33 ............35 ............35 ............35 ............35 ............36 ............36 ............37 ............37 ............37 ............38 ............39 ............39 ............39 ............40 ............40 ............41 ............41 ............42 5.0 SCOPE OF FACTORS TO BE CONSIDERED .......................................... .............................43 5.1 Atmospheric Environment ................................................................. .............................43 5.1.1 Definition of Atmospheric Environment ................................ .............................43 5.1.2 Project -VEC Interactions ...................................................... .............................43 5.1.3 Boundaries ........................................................................... .............................45 5.1.4 Significance Criteria ............................................................. .............................45 5.1.5 Environmental Effects Analyses ........................................... .............................46 5.1.5.1 Overall Approach ................................................... .............................46 5.1.5.2 Assessment of Air Quality ..................................... .............................47 5.1.5.3 Assessment of Climate .......................................... .............................53 5.1.5.4 Assessment of Sound Quality ............................... .............................54 5.2 Water Resources .............................................................................. .............................55 5.2.1 Definition of Water Resources ............................................. .............................55 5.2.2 Potential Project -VEC Interactions ....................................... .............................55 5.2.3 Boundaries ........................................................................... .............................56 4 J4� Jacques Whitford* 2007 PROJECT 1013263.02 November 26, 2007 Xii 75 5.2.4 Significance Criteria ............................................................. .............................57 UYh Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 xiii 76 5.2.5 E Environmental Effects Analyses ........................................... .............................57 5.3 P Public Health and Safety ................................................................... . .............................58 5.3.1 D Definition of Public Health and Safety .................................. . .............................58 5.3.2 P Potential Project -VEC Interactions ....................................... . .............................59 5.3.2.1 Public Health ......................................................... . .............................59 5.3.3 B Boundaries ........................................................................... . .............................60 5.3.4 S Significance Criteria ............................................................. . .............................60 5.3.5 E Environmental Effects Analyses ........................................... . .............................61 5.3.5.1 Baseline Public Health Assessment ...................... . .............................61 5.3.5.2 Baseline Soil and Biota Sampling ......................... . .............................62 5.3.5.3 Human Health Risk Assessment ........................... . .............................63 5.3.5.4 Ecological Risk Assessment ................................. . .............................66 5.3.5.5 Public Safety ......................................................... . .............................67 5.4 F Freshwater Environment ................................................................... . .............................67 5.4.1 D Definition of Freshwater Environment .................................. . .............................67 5.4.2 P Potential Project -VEC Interactions ....................................... . .............................68 5.4.3 B Boundaries ........................................................................... . .............................69 5.4.4 S Significance Criteria ............................................................. . .............................69 5.4.5 E Environmental Effects Analyses ........................................... . .............................70 5.5 T Terrestrial Environment ..................................................................... . .............................71 5.5.1 D Definition of Terrestrial Environment .................................... . .............................71 5.5.2 P Potential Project -VEC Interactions ....................................... . .............................71 5.5.3 B Boundaries ........................................................................... . .............................72 5.5.4 S Significance Criteria ............................................................. . .............................73 5.5.5 E Environmental Effects Analyses ........................................... . .............................73 5.6 W Wetland Environment ........................................................................ . .............................75 5.6.1 D Definition of Wetland Environment ....................................... . .............................75 5.6.2 P Potential Project -VEC Interactions ....................................... . .............................75 5.6.3 B Boundaries ........................................................................... . .............................75 5.6.4 S Significance Criteria ............................................................. . .............................76 5.6.5 E Environmental Effects Analyses ........................................... . .............................76 5.7 M Marine Environment .......................................................................... . .............................77 5.7.1 D Definition of Marine Environment ......................................... . .............................77 5.7.2 P Potential Project -VEC Interactions ....................................... . .............................78 5.7.3 B Boundaries ........................................................................... . .............................79 5.7.4 S Significance Criteria ............................................................. . .............................79 5.7.5 E Environmental Effects Analyses ........................................... . .............................80 5.8 C Commercial F Fisheries ....................................................................... . .............................84 5.8.1 D Definition of Commercial Fisheries ...................................... . .............................84 5.8.2 P Potential Project -VEC Interactions ....................................... . .............................84 5.8.3 B Boundaries ........................................................................... . .............................85 5.8.4 S Significance Criteria ............................................................. . .............................85 5.8.5 E Environmental Effects Analyses ........................................... . .............................86 5.9 L Labour a and Economy ........................................................................ .............................87 5.9.1 D Definition of Labour and Economy ....................................... . .............................87 5.9.2 P Potential Project -VEC Interactions ....................................... . .............................87 Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 xiii 76 5.9.3 Boundaries ........................................................................... .............................88 5.9.4 Significance Criteria ............................................................. .............................88 6.0 PROJECT TEAM ........................................................ ............................... ............................111 4 Jacqu" Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 xlv WiWard Nfl 5.9.5 Environmental Effects Analyses ........................................... .............................89 5.10 Community Services and Infrastructure ............................................ .............................90 5.10.1 Definition of Community Services and Infrastructure ........... .............................90 5.10.2 Potential Project -VEC Interactions ....................................... .............................91 5.10.3 Boundaries ........................................................................... .............................91 5.10.4 Significance Criteria ............................................................. .............................91 5.10.5 Environmental Effects Analyses ........................................... .............................92 5.11 Land Use ........................................................................................... .............................93 5.11.1 Definition of Land Use .......................................................... .............................93 5.11.2 Potential Project -VEC Interactions ....................................... .............................93 5.11, 3 Boundaries ........................................................................... .............................94 5.11.4 Significance Criteria ............................................................. .............................95 5.11,5 Environmental Effects Analyses ........................................... .............................95 5.12 Current Use of Land and Resources for Traditional Purposes by Aboriginal Persons ..97 5.12.1 Definition of Current Use of Land and Resources for Traditional Purposes by Aboriginal Persons ............................................................... .............................97 5.12.2 Potential Project -VEC Interactions ....................................... .............................97 5.12.3 Boundaries ........................................................................... .............................97 5.12.4 Significance Criteria ............................................................. .............................98 5.12.5 Environmental Effects Analyses ........................................... .............................98 5.13 Heritage and Archaeological Resources ........................................... .............................99 5.13.1 Definition of Heritage and Archaeological Resources .......... .............................99 5.13.2 Potential Project -VEC Interactions ....................................... .............................99 5.13.3 Boundaries ........................................................................... .............................99 5.13.4 Significance Criteria ............................. ............................... ............................100 5.13.5 Environmental Effects Analyses ........... ............................... ............................100 5.14 Land -based Transportation ............................... ............................... ............................101 5.14.1 Definition of Land -based Transportation ............................. ............................101 5.14.2 Potential Project -VEC Interactions ....... ............................... ............................102 5.14.3 Boundaries ........................................... ............................... ............................102 5.14.4 Significance Criteria ............................. ............................... ............................103 5.14.5 Environmental Effects Analyses ........... ............................... ............................103 5.15 Vessel Traffic and Navigation ........................... ............................... ............................104 5.15.1 Definition of Vessel Traffic and Navigation ......................... ............................104 5.15.2 Potential Project -VEC Interactions ....... ............................... ............................104 5.15.3 Boundaries ........................................... ............................... ............................105 5.15.4 Significance Criteria ............................. ............................... ............................105 5.15.5 Environmental Effects Analyses ........... ............................... ............................105 5.16 Effects of the Environment on the Project ......... ............................... ............................106 5.16.1 Definition of Effects of the Environment on the Project ....... ............................106 5.16.2 Potential Project -VEC Interactions ....... ............................... ............................106 5.16.3 Boundaries ........................................... ............................... ............................107 5.16.4 Significance Criteria ............................. ............................... ............................108 5.16.5 Effects Analysis .................................... ............................... ............................108 6.0 PROJECT TEAM ........................................................ ............................... ............................111 4 Jacqu" Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 xlv WiWard Nfl 6.1 Project Manager ................................................ ............................... ............................111 6.2 Assistant Project Manager ................................ ............................... ............................111 6.3 Consultation Manager ....................................... ............................... ............................112 6.4 Technical Leaders and Key Personnel ............. ............................... ............................112 6.4.1 Atmospheric Environment Study Team ............................... ............................112 6.4.2 Water Resources Study Team ............. ............................... ............................115 6.4.3 Public Health and Safety Study Team . ............................... ............................115 6.4.4 Freshwater Environment Study Team .. ............................... ............................116 6.4.5 Terrestrial Environment Study Team ... ............................... ............................117 6.4.6 Wetland Environment Study Team ...... ............................... ............................117 6.4.7 Marine Environment Study Team ......... ............................... ............................117 6.4.8 Commercial Fisheries Study Team ...... ............................... ............................118 6.4.9 Labour and Economy Study Team ....... ............................... ............................119 6.4.10 Community Services and Infrastructure Study Team .......... ............................119 6.4.11 Land Use Study Team ......................... ............................... ............................119 6.4.12 Current Use of Land and Resources for Traditional Purposes by Aboriginal PersonsStudy Team ............................ ............................... ............................119 6.4.13 Archaeology and Heritage Resources Study Team ............ ............................120 6.4.14 Land -Based Transportation Study Team ............................ ............................120 6.4.15 Vessel Traffic and Navigation Study Team ......................... ............................120 6.4.16 Effects of the Environment on the Project Study Team ...... ............................120 6.5 Administrative Services and Clerical Support ... ............................... ............................121 7.0 CLOSING REMARKS ................................................. ............................... ............................123 8.0 REFERENCES ............................................................ ............................... ............................125 List of Tables Table 2.1 Selected Summary of Comments Received ................................. .............................16 Table 2.2 Factors To Be Considered for each Valued Environmental Component ...................18 Table 5.1 Preliminary List of Chemicals of Potential Concern (COPC) to be Included in the Baseline Ambient Air Quality Assessment ................................... .............................48 List of Figures Figure 5.1 Environmental Effects Assessment of Atmospheric Environment .............................46 Figure 5.2 Geographical Boundaries of Target Population for Public Health Assessment ......... 62 Figure 5.3 Human Health Risk Assessment (HHRA) Methodological Framework ..................... 64 Figure 5.4 Ecological Risk Assessment (ERA) Methodological Framework .. .............................67 Figure 6.1 Key Jacques Whitford Personnel ................. ............................... ............................113 List of Appendices APPENDIX A General Table of Concordance 4 y Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 Xv 78 3.0 PUBLIC, STAKEHOLDER, AND FIRST NATIONS ENGAGEMENT Public, stakeholder and First Nations participation and engagement is the cornerstone of any successful environmental assessment of a project. Not only is public, stakeholder and Aboriginal engagement required as part of EIA/EA legislation, an open and transparent public engagement program, undertaken as part of the EIA/EA of a project, contributes to building positive community relations, and generally assists in the development of an acceptable project. Both provincial and federal EIA/EA procedure guidelines recommend that potentially affected public, First Nations, and other stakeholders be given an opportunity to provide comment and raise any concerns they may have about a project. In addition, the proponent is normally required to incorporate the relevant feedback received from such stakeholders into the EIA/EA Report for a project, and demonstrate how it has considered or addressed (or how it intends to consider or address), as appropriate, the issues raised by the public into the EIA/EA and subsequent development plans for the project. The Final Guidelines for the EIA of the Project specifically require that "Irving Oil Company, Limited must consult with persons and organizations potentially affected by the proposed project and associated infrastructure, and must inform and engage any interested individuals, groups, stakeholders and Aboriginal Communities in this assessment. All interested parties will be provided with an opportunity to participate in consultation initiatives (including workshops and similar initiatives) in order to provide input in the assessment and /or make their views known." The overarching goal of any public, stakeholder, and First Nations engagement program conducted as part of an EIA/EA is to ensure that those potentially affected by a project are aware of the project and its potential environmental effects, are able to obtain additional information about the project, and are able to express any concerns they may have about the project or its potential environmental effects. In addition to meeting the requirements of the Final Guidelines and the Environmental Assessment Track Report under CEAA, the objectives of the public engagement program implemented as part of the EIA/EA for of the Project are to: • Provide information and seek input from members of the general public, First Nations, stakeholders and interested parties on the Project; • Identify, document, and monitor issues and concerns arising from the engagement process; • Request information on the current use of lands and resources for traditional purposes by Aboriginal persons in the vicinity of the proposed Project activities and how those activities might be affected by the Project; and • Identify the need for planning, design and management measures that will mitigate or resolve the issues raised through the public and stakeholder engagement process. In this light, a formal public, stakeholder, and First Nations engagement program has been initiated by Irving Oil, assisted by Jacques Whitford, to support the EIA/EA of the Project. This program consists of dialogue and engagement with the general public, various stakeholders, regulatory agencies, and representatives of Aboriginal communities. As mentioned in Section 2.3, the public consultation and 111 i Jacques Vk%kfwd© 2007 PROJECT 1013263.02 November 26, 2007 21 79 engagement program accompanying Project Eider Rock is still in the early stages of development, and is closely tied to the progression of the Project. While it is recognized that not all issues or concerns can be addressed to the satisfaction of all parties, Irving Oil is committed to communicating with and responding to the public, regulatory agencies and other stakeholders about the Project. In this regard, Irving Oil will: • Initiate opportunities for dialogue with the public, stakeholders, regulatory agencies, and Aboriginal communities to obtain feedback and offer forums for sharing information about the Project and its potential environmental effects; • Actively listen to the input offered by all participants, and provide responses to questions or concerns when known, or commit to finding the answer if not immediately known; and ■ Incorporate the relevant feedback obtained from the public, stakeholders, First Nations, and regulatory agencies into the EIA/EA Report for the Project. Irving Oil is committed to offering a multitude of opportunities for the public to become involved and participate in the planning and development of the Project and its associated regulatory approval processes. The proposed elements of the public consultation and engagement program to be undertaken as part of the EIA/EA of the Project are outlined below. The public and regulatory consultation program will be adjusted and revised as necessary throughout the conduct of the EIA//EA for the Project, based on the level of public interest or concern. 3.1 Planned Public Engagement Methods As detailed in the EIA Registration /Project Description, the Proponent has committed to using a variety of tools for conducting public and stakeholder engagement. The primary means by which Irving Oil will consult with the public as part of the EIA/EA of the Project are briefly described below. 3.1.1 Website, Toll -Free Information Line, Direct Mail, Information Brochures, A website dedicated to Project Eider Rock, http: / /www.irvin_qoil.com /company /erock.asp, was established by Irving Oil following the registration of the Project with regulatory authorities. The website carries the most recent, up -to -date information concerning the Project. Visitors can access among other resources, media releases made to date, information about the Project, a copy of the EIA Registration Document and contact information. This site is updated as new information becomes available. This Terms of Reference will be added to the website at the appropriate time. A Toll -Free Information Line, 1 888 - 525 -1777, has been set -up to receive public comments. A direct mailing address and Project - specific email address have also been available since the Project was announced. The phone number and email address is made available on all Project - related information materials. The flow of information from Irving Oil to the public will continue through face -to -face conversations, telephone conversations, media releases, print advertisements, information brochures, and website announcements and postings. When important Project developments come to light, the public will receive notification and additional information as required. Lines of communication, including the toll - free information line and email address, will remain open to receive comments, questions and concerns. When warranted, responses will be issued efficiently. idm Jmques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 22 VWVh E881 3.1.2 Open Houses Irving Oil recognizes that public consultation and engagement must be incorporated into all stages of development of the Project. In addition to the first open house held in February 2007 to discuss the Project in general and the EIA Registration /Project Description, several additional open houses are planned. As a minimum, open houses or other similar public events will be held to share information and gather public input at the Project stages and /or milestones identified below. Open houses and /or other public events in addition to those described below may be held if public interest warrants. 3.1.2.1 Open House #2 (Terms of Reference) As noted previously, this Terms of Reference has been developed to meet the requirements of the Environmental Impact Assessment Regulation and the Final Guidelines issued thereunder. The Terms of Reference outlines how the requirements of the Final Guidelines and the federal EA requirements will be met. The Terms of Reference will be submitted to the NBENV for review and comment by the TRC, as well as to the RAs for the EA under CEAA. Concurrent with the review of the Terms of Reference by the provincial and federal regulatory agencies, it is proposed that a second open house be held to present the Terms of Reference to the general public and other stakeholders. In addition to providing updated Project information that has become available since the EIA Registration /Project Description was made public, the open house will focus on the contents of the Terms of Reference, including the means by which the Proponent proposes to meet the requirements of the Final Guidelines and the Environmental Assessment Track Report under CEAA. It is anticipated that information on the following aspects of the Project and the EIA/EA to be conducted would be provided at the open house: • Updated Project design information, including proposed configurations and potential locations of key Project elements, if available; • A summary of the scoping process, including issues raised to date by the public and regulatory agencies as part of the scoping conducted to date to support the EIA/EA of the Project; • A list of proposed Valued Environmental Components (VECs) to be assessed as part of the EA to meet the scoping requirements, including key indicators for each VEC where applicable; • The proposed methodological framework that will be used to conduct the EIA/EA; • More information regarding the proposed baseline studies that will be conducted to establish existing conditions or gather baseline data; • More information regarding the proposed studies and methodologies that will be used to evaluate potential environmental effects (e.g., air quality modeling); and • More information on the methodologies that will be used to assess the environmental effects of the Project, including cumulative environmental effects. Tentatively, it is proposed that Open House #2 be held in the fall of 2007. J is Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 23 m The input received from the TRC and RAs in their review of the Terms of Reference, as well as any relevant issues raised by the public and stakeholders will be considered for inclusion in the Terms of Reference. Although not established at this time, this open house may also provide other forums for more in -depth discussion of specific technical issues that are part of the EIA/EA, including the possible hosting of issues - specific workshops, discussion groups, and /or other sessions on specific topics. 3.1.2.2 Open House #3 (Preliminary EIA/EA Results) Near the completion of the EIA/EA of the Project, an open house may be hosted to outline the preliminary findings of the EIA study for key components (e.g., routing of linear corridors, results of baseline studies). 3.1.2.3 Open House #4 (Final EIA/EA Report) Once the comments and questions of the TRC and RAs have been responded to, the Final EIA/EA Report will be accepted by regulatory authorities and released for public review. Following the public release of the Final EIA/EA Report, and in preparation for the formal public meeting that will be conducted by the New Brunswick Minister of Environment to meet the requirements of the Environmental Impact Assessment Regulation, a fourth open house is proposed to present the final results and conclusions of the EIA/EA to the public. Because of the likely complexity of the EIA/EA Report, a workshop (possibly with breakout sessions) may be required. 3.1.3 Formal Public Meeting The Environmental Impact Assessment Regulation requires that at least one public meeting be held at the completion of a Comprehensive Review. The purpose of this meeting, which occurs following the public release of the Final EIA/EA Report, is to provide all interested parties with an opportunity to make comments, raise concerns, or ask questions for clarification about any matter covered in the Final EIA/EA Report. Such meetings, sometimes referred to as a "hearing ", are often chaired by an independent panel appointed by the Minister of Environment. This independent panel administers the meeting and coordinates the public input process. Irving Oil would welcome the opportunity to attend the public meeting and will make its EIA/EA team available to participate in any manner deemed appropriate by the regulatory authorities and independent panel. 3.1.4 Stakeholder Workshops and Targeted Discussions In addition to the Air Quality and HHERA workshop held on May 26, 2007, other technical workshops or targeted and discussions are planned or will likely be required. The following targeted discussions have been undertaken or are planned as part of the EIA/EA. ■ First Nations engagement is planned with the leadership of the fifteen Mi'kmaq and Maliseet communities in New Brunswick, with these Aboriginal communities themselves, and with Aboriginal umbrella organizations (such as UNBI and the MAWIW Council). 4 jLmnmms Jacques W itfor l© 2007 PROJECT 1013263.02 November 26, 2007 24 *iWR;;i WN • Discussions with local community groups, business organizations, and academic institutions have been initiated to obtain information on specific topics (e.g., housing, education and training, labour force information) to assist in establishing baseline conditions for various socio- economic VECs. • Discussions with commercial fishermen have been undertaken to review the potential for the Project to affect the fishery or their livelihood as a result of the Project presence, and to plan for mitigation or adaptation strategies. • Discussions with the scientific, NGO and academic communities have been held to discuss the specific technical methodologies to be used for conducting baseline studies (e.g., terrestrial field programs, HHERA, marine sampling), and to evaluate the potential environmental effects of the Project. Other stakeholder groups including watershed groups, environmental non - governmental organizations, health organizations, City/Town councils from neighbouring communities, and other organizations have been and will continue to be consulted to add input to the scoping process, to gather information relevant to the Project, and to share available Project information. Additional discussions and technical workshops may be scheduled on specific topics on an as required basis, should there be a demand from the public or other stakeholders to obtain further information on specific topics. Where possible, these additional workshops would be scheduled in concert with other planned public events (e.g., planned open houses) to take advantage of synergies and economics that would result from combining events and to ensure maximum participation from the public and stakeholders. 3.1.5 Other Engagement Stakeholders with whom previous discussions have occurred will continue to be consulted and informed as the Project proceeds, and future meetings may be scheduled should they be warranted or considered useful. Communication with residents of the Red Head area will also continue in earnest as the Project progresses. Information pertaining to both specific land and homeowner issues and the Project as a whole will be disseminated amongst the residents using a variety of media. Irving Oil team members will continue to be available to residents to answer questions or meet as required or as requested by residents. Additional and /or alternate fora for public and /or stakeholder engagement and dialogue may be considered as the Project progresses. Irving Oil has committed to being responsive in its engagement program and as a result will modify any or all aspects of it, should public or stakeholder demand exist. 3.2 First Nations Engagement Discussion with the First Nation communities and Aboriginal umbrella organizations (i.e., Union of New Brunswick Indians, MAWIW Council) has begun and will continue throughout the EIA/EA process under the advisement of and in consideration of the wishes of the Chiefs. Initial discussions have been held privately with the Chiefs of the fifteen Mi'kmaq and Maliseet communities in New Brunswick took place in March and April 2007, to determine the level of engagement desired by the Chiefs and their communities. The Union of New Brunswick Indians (UNBI) �� .IiaCQ118S w�111Off�© 2007 PROJECT 1013263.02 November 26, 2007 25 M Natural Resource Committee (NRC) has also received preliminary information about the Project in a meeting on June 19, 2007. A joint meeting with the fifteen Chiefs of the Mi'kmaq and Maliseet communities was also held on October 17, 2007. The response from First Nation communities in these initial discussions was varied, from a desire for full engagement to receiving ongoing information packages. Many First Nation communities requested briefings for the Chief and Council. Full engagement will include an open house within the community, with representatives of Irving Oil and Jacques Whitford available to answer questions and address concerns. These discussions will continue with the Chiefs and an appropriate level of engagement with the First Nation communities will be implemented as necessary to determine the Current Use of Land and Resources for Traditional Purposes by Aboriginal Persons (as required by CEAA) and to support the Crown's duty to consult with First Nations about the Project. 3.3 Regulatory Consultation Following the submission of the EIA Registration /Project Description to regulatory authorities on January 25, 2007, Irving Oil initiated a consultation program with various provincial and federal government representatives and the Technical Review Committee (TRC) that was established to review the EIA/EA Report. Discussions have also been held with the federal government Responsible Authorities (RAs). Several meetings have been held with provincial and federal regulatory authorities on an as- needed basis, to clarify and answer questions regarding the EIA Registration /Project Description, to seek clarification on Project details, and to discuss specific matters relating to the scope of the assessment. Information about the Project will continue to be shared with the TRC and Responsible Authorities (RAs) to ensure they fully understand Irving Oil's plans for the Project, and to discuss and address any substantive issues that may arise in the course of the EIA/EA process. Information about the expectations of the TRC and RAs with respect to the EIA/EA on process will be obtained including public notification, expected review process and schedule, and the possible features of the Project that could be implemented to facilitate the review. Issues - specific workshops (e.g., air quality and HHERA study) have been held with regulatory agencies to review the planned studies and to obtain comments on the proposed methodologies, and will continue to be held as required or appropriate. Federal and provincial government technical experts will continue to be engaged in the planning for technical studies that are required for the EIA/EA. 3.4 Tracking and Responding to Issues of Concern All of the programs described above have been initiated and will continue to be implemented as necessary. All issues, questions, concerns and comments raised through consultation and engagement initiatives during the EIA/EA process have been and will continue to be documented. All comments, questions and concerns that are received are recorded for future reference and consideration and are actively forwarded to the appropriate members of the Project or environmental assessment teams. The issues tracking process includes systematic mechanisms to assign responsibility and ensure follow -up. At the first open house held to discuss the Project, comments were documented by Project Eider Rock team members from conversations with members of the public in attendance, and through Exit Surveys J ora Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 26 E:1I completed by attendees prior to leaving the venue. Comments received to date are being considered in the scoping phase of the EIA/EA and have contributed to this Terms of Reference. All comments will be considered in the Final EIA/EA Report. 444 Mh i=ft- - I Jacques Whitford© 2007 PROJECT 1013263.02 November 26, 2007 27 E. "M REPORT TO COMMON COUNCIL db a M &C #2007- The qty of saint John January 18, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: UNSPECIFIED GRANTS During the last few weeks that the 2008 Operating Budget was being considered by Common Council, a number of requests were received by Council and were simply "referred to the Budget Process." In the interest of ensuring that Council was not receiving weekly Budget printouts that changed from week to week, staff took the approach to increase Common Council's Unspecified Grants Budget from $20,000 in 2007 to $60,000 in 2008. This approach would then allow Council to consider specific requests when time permitted and yet, have sufficient monies included in the Operating Budget should Council wish to be supportive. In this regard, five requests were submitted and the applicants are now awaiting a response from Common Council. 1. The Saint John Theatre Company This organization is currently in the process of undertaking a significant renovation project to a building on Princess Street. Unfortunately, as with many such projects, unforeseen construction difficulties have resulted in a significant shortfall and the Organization has set about conducting a second capital fundraising campaign. They have requested Council consider making an additional $25,000 investment in this project. 2. The Women's Wellness Conference This conference has taken place in the City of Saint John for the last number of years. It brings together women from all walks of life to share thoughts, goals and aspirations with one another. Common Council has been a sponsor of this t -001 REPORT TO COMMON COUNCIL SUBJECT: UNSPECIFIED GRANT PAGE event each time the conference has been held and the Organizers have once again asked for Council's help. 3. Teen Resource Center As Council is aware, the newly renovated Teen Resource Center was officially opened in 2007. This initiative was in large part due to the community volunteers who worked tirelessly to secure the necessary funds to see this project through to completion. Today, the Center is providing much needed services to the youth of our community. One initiative that the Center is pursuing in 2008 is the holding of what is known as "Youth Service Day." It is intended to draw thousands of youths to the uptown area and is intended to celebrate and encourage youth to participate and provide service to their community. A number of special activities, including a youth parade are planned for this day. As with any initiative, it will cost money and the organizers are attempting to secure the necessary funds from both the public and private sector. 4. Mind Care New Brunswick This is a very exciting new initiative (or festival) to take place in our community. It is a "first." During the first weekend in May, it is anticipated that over 1000 players will participate in what is to be known as "The World Three on Three Street Hockey Championship in support of Mind Care New Brunswick." The event primary location will be on Long Wharf, but discussions have also occurred with respect to possibly closing some uptown streets to serve as venues. The potential for this event is huge. Given that this is the first year, it is extremely important that the support from the Municipality is forthcoming. A successful first year will undoubtedly cause others to want to become involved in further years. In essence, the City's sponsorship will be seed money invested in an effort to cause this new festival or event to be sustainable over a number of years. ARC f As their letter indicates, ARC -f is endeavoring to produce a show about the beginning of Saint John that would highlight the story of Charles de le Tour. The organization has made the necessary applications to Canadian Heritiage. As with so many federal programs, some indication of municipal support is required. The intent is to develop a "Historical Dance Troup" to perform this show, but also to create a much needed tourism product to service the Cruise Industry. �i�A REPORT TO COMMON COUNCIL SUBJECT: UNSPECIFIED GRANT CONCLUSION: PAGE The requests that Council are considering this evening run the entire gamut of what Council has been told by the community during the Visioning Process. Support for the Arts, for Youth, for the Uptown for Wellness for Heritage are all being addressed should Council adopt the following recommendation. RECOMMENDATION: That Common Council approve a grant of $15,000 to the Saint Jon Theatre Arts Company, $2,000 to the Women's Wellness Conference, $2,000 to the Teen Resource Centre, $10,000 to the World Three -on -Three Street Hockey Championship in support of Mind Care New Brunswick, and $15,000 to ARK -f to support their funding application to Canadian Heritage. ycspe 16y submitted, Terrence L. Totten, FCA CITY MANAGER. E��s7 THE SAINT JOHN w me's ess n C O N F E R E N C E November 30, 2007 Michelle Hooten Common Council City of Saint John Saint John, NB Dear Mayor & Councillors, Thank you, for your continued interest in the Women's Wellness Conference. We appreciate the past support provided by the City of Saint John and are writing to provide information about our 2008 conference with the hope that the City of Saint John will continue to be a sponsor of this event. Our past successes are due, in part, to the generous financial support of organizations such as yours. The 2007 conference, "Having Enough ", was well attended with approximately 250 delegates, 200, o of those being sponsored registrants. These ladies would otherwise not have been able to pay the fee. Our theme for the 2008 conference is "Safe and Healthy Communities — What Can We Do to Increase Our Personal and Community Safety?" We feel strongly that women are the Gatekeepers of their families as it relates to health and safety and this conference will be addressing some of the issues that they face in today's society. Enclosed is a brief outline of our project plan for this year's conference. The 2008 one -day conference is scheduled for Friday, April 11 at the Saint John Trade & Convention Centre. The keynote speaker this year is well known Social Justice Advocate — Michele Landsberg. Plans are underway for several stimulating workshops as well as a thought provoking panel discussions. This year's conference will attempt to address such issues as bullying in the workplace, in our homes and particularly among the youth of our communities, Cancer Prevention and Building Community. We trust that the City Saint John will consider a donation amount of $2000, which would insure your recognition as a major sponsor in our Brochure /Registration form. Again, thank you for your interest in the Saint John Women's Wellness Conference and for your past support. We look forward to hearing from you. Sincerely I Karen Gautreau Chair, Sponsorships Saint John Women's Wellness Conference 832 -3001 kgassoc @nb.sympatico.ca SAINT JOHN WOMEN'S�LNESS CONFERENCE A.61 111h. 2009 Saint Inhn and Conventinn Centre A O R 'd c�C N C u C did O d o C E +�+ E c C U C C � 4i� •�.d vOi N V C a +s+ a - c U D E a 0 c i+ i yU 0C C = � C 3s Q Z w UU- IV- Oy7 AM fm R C 'G ^0 -C d ce w d L H w E c Vl = 0 0+ E� a O � 0 }r E m oa3 3 s E E a CL O d H d C N •�f0 Z ,c a+ R c°++'! c Rya z�E s .r R m Os y . 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Gradually, we seem to be making headway in getting a myriad of details ironed out and are currently in the midst of our sponsorship campaign. I must admit we have boasted of your support in our letters of appeal. We're thrilled that the Saint John Port Authority has also come onboard. They have agreed to our holding the tournament on Long Wharf and have also very kindly offered to erect one of the cruise ship tents a little early for our use — a tent and power — which is wonderful!! More and more, as we talk to people, we are beginning to feel that this is the beginning of what is to become a very successful event for both MindCare and the City of Saint John. It's to be known as World Three -on -Three Street Hockey Championship in support of MindCare New Brunswick. That's right — an informal world competition right here in the centre of the city. Imagine the possibilities ... the visibility ... the excitement ... the media coverage. We are planning a world championship event involving 100 teams, 1,000 players, their friends and families, 500 volunteers and the general public right in the heart of downtown on Long Wharf over the three -day weekend of May 2, 3, and 4, 2008. Folks driving across the viaduct or anyone heading uptown will see and become part of the magic of this unique and exciting competition. We anticipate the kind of success enjoyed by the Pond Hockey Tournament in Plaster Rock. As well as indicating your support and involvement with this event, we are also inviting you to become involved as a major sponsor right from the beginning. It is our understanding that a new budget has been approved to support festivals and events which promote the city. Also, along with financial support, we would indeed appreciate in -kind donations relative to event promotion, access to city parking lots, etc. 91 P.U. Box 2100, saint John, NB Canada 621, 41.2 (506) 648 -6400 (506) 648 -6002 www.mindca .ca Major sponsorship involves two levels of commitment — Platinum at $10,000 cash or in kind, and Gold at $5,000 cash or in kind. We are talking about the best in health and wellness — including mental health — and thus a great image for the City of Saint John. Please take a moment to review the information included with our letter. Thank you for your consideration and we look forward to hearing from you further. Sincerely, . � tl��Tl Aloney, Chairman World Three -on -Three Street Hockey Championship ON Mind WORLD 3:3 STREET HOCKEY CHAMPIONSHIP 2008 LEVELS OF CORPORATE SPONSORSHIP TWo commitment levels have been identified for your consideration. We encourage you to select a level appropriate to your financial resources and marketing objectives. ➢ Platinum $10,000 cash or in -kind ➢ Gold Sponsor $ 5,000 cash or in -kind PLATINUM SPONSORS receive the following benefits: • Major logo placement in all print advertising in Saint John's major newspaper • Recognition and logo placement in all media releases • Recognition and signage placement at all media conferences, fundraising special events and on site in the participant's tent on Long Wharf • Representation on stage at the official opening ceremonies • An opportunity to address teams, participants, volunteers and the general public during various weekend ceremonies and activities • An opportunity to include handouts or advertising materials in all team kits for distribution to approximately 2,000 team participants. • Major logo placement on annual event poster • Major logo placement on event t- shirts • Complimentary Team registration and guaranteed placement • Logo placement and hyperlink on the new website: www.sistreethockey.com now being developed GOLD SPONSORS receive the following benefits: • Logo placement in print advertising in the Saint John's major newspaper • Word recognition in all media releases • Recognition and signage placement at all media conferences, fundraising special events and on site in the Participant's Tent on Long Wharf • Representation on stage at the official opening ceremonies • An opportunity to attend various weekend ceremonies and activities • Logo placement on the official event poster and t- shirts. • Logo placement on the new website: www.sistreethockeV.com now being developed. it 98 P.O. Box 2100, saint John, NB Canada L21 412 (50 6) 6,49 -6,400 (506) 648 -6002 v.mindcare.ca Mind BENEFITS OF SPONSORSHIP • This event is being hosted by a well -known local charity - MindCare New Brunswick - with a proven track record of support in Southern New Brunswick. Raising funds for mental health services always has its challenges and we can all take great pride in the dollars raised and services provided from such a modest -sized population. This makes MindCare one of the most successful mental health foundations in North America. • MindCare boosts a history of attracting widespread community support, including the region's largest and most dynamic corporations. • Located in the Saint John Regional Hospital, MindCare has contact with the largest employee group in our Saint John community (4,200 staff). We formally encourage our employees to support the companies who support the Saint John Regional Hospital and MindCare. • THIS EVENT WILL RECEIVE TREMENDOUS PUBLIC EXPOSURE. As is also true of Skate to Care, the Province's largest mental health fundraiser, we see World M Street Hockey Championship becoming highly visible in every form of media. Sponsor logos will be featured in newspaper ads, on event t- shirts and game shirts, on posters, all event print materials and in television advertising. Sponsor corporate banners will be displayed at the event as well as in the hospital lobby and at an uptown kiosk. Corporate information will be included in all information kits distributed to 1,500 participants and volunteers. Sponsor offices are provided with participation plaques for public display and corporate representatives are invited to attend formal donor recognition ceremonies. • This is an event that promotes good health and wellness, including good mental health. It is an opportunity for Sponsors to show the community that they care about their employees, their community, and health care. & 94 P.O. Box 2100, Saint Iohn, NB Canada 1121. 412 (506) 648 -6400 (506) 648 -( 002 — ...nundce ., • There is no better cause than improved mental health services in our community. MinclCare New Brunswick is providing support to community mental health programs and services. This is a cause that is both immediate and important. Mental illness costs Canadians more than $5 Billion annually and is the second leading cause of hospital use amongst those aged 20 - 44; a time when people should be their most productive. • Dollars raised will stay right here at home in New Brunswick, ready when needed to take care of you and your loved ones. ORP R AssociatioAssociation R4onale de la Communaute francophone de Saint Jean inc. DI: SAINT- Saint-John, December 4" 2007 Your Worship, As you know, the french association of Saint -John moved it's office from Samuel-de-Champlain center to take part in the uptown life. We've now been at 125 Prince William street for about two years and we are glad to be able to contribute to the diversity of our city. L'ARCf is presently seeking ways to generate some revenues to pay for the operational cost of Le Faubourg. After much brainstorming we decided that the best way to generate money out of our building was to produce a show about the beginning of Saint -John that would highlight the story of Charles de La Tour. This show would be offered to the many tourists that come to Saint -John as well as to the local people. It would be a profesional show that would give employment to about 6 local artists (musicians and commedians) for about 80 days each year. In our business plan, you will find all the details about our project that we call the Acadian experience. In order to do this project, we will need 320 000$ (create the show, equipment and some building renovations). We already submitted a request of 49 705$ to Canadian Heritage through their program called « Local Arts and Heritage Festivals r> to help us with our ambitious project. In the application form it is clearly mentioned that without the support of our Municipality our request will not even be considered . This project, that would tell the story of the beginning of our great city, would greatly contribute in bringing tourists to Saint -John year after year. Therefore, I would like to ask the city of Saint -John for a contribution of 25 000$ towards our project. I strongly believe that this would be a great investment from your part that would help create a significant fallback for our local tourist industry. If you have any question concerning our project, please do not hesitate to get in touch with me. Think you or your consideration. Michel C6te AG.yge Executive Director President c.c: Acadian Experience Business Plan Centre j esFa 46 scolaire- cnrrnrrnnautaire ubour 5anruc1- de- Chaaiph L g I 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 -7532 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, 1 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. 1 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 would ike to tour the site at any time, feet free to contact me. Regards / etspnetr Tomas The Saint John Theatre Company Inc. 506- 652 -7582 camoaian @saintiohntheatrecompanv com campaign@saintjohntheatrecompany.com www.sai ntjohntheatmcom pa ny.com 97 S A I N'TStW&T 0HN The Campaign for the Saint John Theatre Company 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 $950,000.00 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 ofthe 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 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 0%1 a) Structural brickwork & 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 fagade upgrades. Total original masonry budget $32,421.00 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 25.001 sq ft $10,000.00 + HST For replacement of sandstone $7,500.00 + HST Scaffolding etc $2,500.00 + HST Sub - Total: $20,000.00 + HST Total revised Masonry budget October 31, 2007: $87,295.00 + HST Plus unrecoverable portion of HST: $6110.65 Total revised masonry budget: $93,405.65 NT b) Undermined structure of cement floor: There was a 1500 ft/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) $3,200.00 +HST Plus unrecoverable portion of HST: $224.00 Total floor budget (Nov 8, 2005) $3,424.00 Bill for attempted patch: $1,057.00 Excavation & replacement of floor: $18,000.00 Removal of debris from floor: (est.) $2,000.00 Cost to replace floor October 31, 2007: $21,057.00 Plus unrecoverable portion of HST: $1,473.99 Total cost to replace floor: $22,530.99 i IGH 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 • to Z rental (Equip) $50.00 • 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 • T Construction (labor) $5,466.00 • 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 $34,170.68 Plus unrecoverable portion of HST: $2,391.94 Total cost of structural upgrades Oct 31, 2007: $36,562.62 `'o] 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: $15,000.00 Charges for demolition related activities Total actual demolition costs $56,322.22 As per Avant Garde Construction final billing. Plus unrecoverable portion of HST: $3,942.55 Total cost of demolition Oct 31, 2007: $60,264.77 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 $22,530.99 Roof & Truss $ 0.00 $36,562.62 Demolition $15,000.00 $60,264.77 Total $50,845.00 $212,764.03 Extra costs: $161,919.03 `18% 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 2 1001b 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: $85,000.00 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 $10,000.00 + 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 Pius unrecoverable portion of HST: $3,153.50 Total budgeted Oct 31, 2007 $48,203.50 Total additional cost for rear structure: $37,503.50 `'8X7 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 It of wall @ $5.00 per sq ft $28,500.00 + HST Plus unrecoverable portion of HST: $1,995.00 Total cost of exterior wall due to demolition requirements: $30,495.00 Cost of Sand - Blasting interior brick: $37,995.00 Plus unrecoverable portion of HST: $2,659.00 Total cost of sand - blasting: $40,654.00 Less cost of exterior wall construction: {$30,495.00} Net extra cost of sand - blasting: $10,159.00 d) Removal of `Cal €' concept: Included in the original design concept was the idea of having a `cafe' 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 cafe 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 Cafe Concept: {$5,000.00} - Summary of increased costs due to enhanced scope of work: Total budget for new elevator installation: $85,000.00 Total additional cost for rear structure: $37,503.50 Cost of Sand - Blasting interior brick: $37,995.00— see note Net savings from removing Cafe Concept: {$5,000.00} Total additional costs: $155,498.50 iMU! 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 $504,708.30 $1,028,289.01 less structural {$50,845.00) {$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 $1,400,000. iN Current Construction Budget: Floor infill stairs Current Quotes 1) General Conditions: $6,000.00 Architect / Engineer $50,000.00 Management - - - -- Overhead - - - -- Permits $4,500.00 Plans etc - -- Scaffolding $5,000.00 Gbg Removal $5,000.00 Final clean $1,500.00 Cuts for subtrades $2,500.0 0 Sub Tot: $68,500.00 2 &3) Sitework & Concrete: Demo & infill up til Apr 30`^ $93,982.17 Sandblasting etc $61,370.00 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 $42,295.00 Sub Tot: $87,295.00 5) Carpentry: Floor infill stairs $2,500.00 2 "d fl sub -floor $6,000.00 All wood walls $14,000.00 All ground Floor strapping $5,000.0 0 Sub Tot: $27,500.00 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 $8,000.00 Glazing doors $2,250.00 Glazing windows $3,850.00 Door frames hardware $18,000.00 Windows 2nd fl $21,700.00 Wood storefront $2300.00 Sub Tot: $77,400.00 `[1Z: 8) Finishes: Drywall & Ceiling $24,500.00 Flooring $16,000.00 Painting $10,000.00 Sandblast Ceiling - -- Paint Ceiling $7.500M Sub Tot: $58,000.00 9) Specialties: Kitchen Cabinets $3,500.00 Bathroom vanities $1,200.00 Railings etc $750.00 Toilet partitions $2,000.00 Foot Grill $2,500.00 Bathroom Accessories - -- Sub Tot: $9,950.00 10) Fire protection: Sprinkler system $31,500.0 0 Sub Tot: $31,500.00 11) Plumbing: Bathrooms etc $45,000.00 Roof Drains $6,000.00 Heating system $35,000.0 0 Sub Tot: $86,000.00 12) HVAC: Heating $37,800.00 Vent. 10,000.00 A/C $25,000.0 0 Sub Tot: $72,800.00 13) Electrical: Electrical Entrance $15,000.00 Wiring building $20,000.00 Security & Fire Alarm S10,000.00 Sub Tot: $45,000.00 14) Basement infill to replace floor Steel $1,400.00 Concrete $1,500.00 Formwork $1,000.0 0 Sub Tot $3,900.00 `torA 15) Structural Steel & roof upgrades Labor $7,466.00 Shoring etc 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: $961,017.85 7% unrecoverable HST $67,271.25 Total construction Budget $1,028,289.01 Current Status or work completed: As of Oct 31, 2007 the status of work completed is as follows: Demolition: complete `1861 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 fagade 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 ofthe 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. `1iT61 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: $180,000 Provincial: $256,000 (includes: $230,000 2DC Municipal: $63,500 Mun. Heritage: $11,500 SJTC Board: $61,000 Foundation: $89,500 Lead Donor: $100,000 (BMO Financial Group) Corporate Support: $86,000 Local Business Support: $123,000 Private Gifts: $105,874 Total Confirmed: $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" $35,000.00 Foundation funding $11,500.00 Brunswick Pipeline $15,000.00 New overall total $1,138,274 This leaves approx. $261,000 left to be raised for the project. IMIK Settin The Stage donor list Oct 31 200 DONOR 1 Pledged I Level Ainsworth, John (Printing Plus) 1,500 Friends Aliant 15,000 Benefactors Asimakos, Peter 1,500 Friends BMO Nesbitt Burns Executive Producer's 100,000 Circle Britton, Andrew 3,000 Patrons CIBC Wood Gundy 1,500 Friends CISCO Systems Canada 40,000 Director's Circle City of Saint John 3,500 Patrons City of Saint John 60,000 Producer's Circle Cronin, Pauline 3,000 Patrons Crosby Molasses 10,000 Benefactors Cultural Spaces Canada Executive Producer's 180,000 Circle Cunningham, Andrea 1,500 Friends Currie, Richard 10,000 Benefactors Deloitte 1,000 Friends DFS Architects 1,500 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 3,000 Patrons Enbridge 10,000 Benefactors Everitt, Joanna 4,000 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) 11,500 Benefactors Herron, Beth 100 Friends Hope Grant 1,000 Friends Hornik, Irwin 750 Friends Humphries, Chad 1,500 Friends Imperial Tobacco 10,000 Benefactors Irving, Jamie (Telegraph Journal) 25,000 Director's Circle Kaye, Kizzy 4,000 Patrons Knox, Jim (Remax) 1,500 Friends 111 Larooi, Lysbeth Lawson & Creamer Legris, George Mackin, Judith MacMillan, Shane MacMurray Foundation McCain, Allison & Claire McCain, Harrison Foundation McCain, Scott McCain, Stephen McCormick, Suzy McGraw, Mike McKean Family Foundation Moosehead Breweries Narine, Dr. Shaun NB Arts Builder Neilsen, Kristi Norton, Mel Oland, Derek & Jackie OSCO Construction Group Poirier, A.C. Pond, Gerry - Mariner Rawding, Jay Regional Development Corp. Reid, David Saint John Animal Hospital Saint John Energy Saint John Port Authority Spencer, Fred Teed Saunders Doyle Thomas, Scott & Alison Tobias, Raymond & Doris Tobias, Rick Tobias, Stephen & Sandra TS Simms Uponor Canada Water Street Dinner Theatre Wafters, Rick Totals 800 Friends 3,000 Patrons 200 Friends 3,000 Patrons 1,500 Friends 7,500 Patrons 5,000 Patrons 25,000 Director's Circle 15,000 Benefactors 2,500 Friends 1,500 Friends 1,500 Friends 2,000 Friends 5,000 Patrons 1,000 Friends 20,000 Benefactors 1,500 Friends 1,500 Friends 21,000 Director's Circle 16,000 Benefactors 2,100 Friends 5,000 Patrons 1,500 Friends Executive Producer's 230,000 Circle 15,000 Benefactors 3,000 Patrons 10,000 Benefactors 30,000 Director's Circle 1,500 Friends 6,000 Patrons 3,000 Patrons 3,000 Patrons 1,500 Friends 26,000 Director's Circle 3,000 Patrons 300 Friends 5,000 Patrons 3,000 Patrons 1,076,774 "F% <1 n ° REPORT TO COMMON COUNCIL qb M &C #2007 - a . January 18, 2008 The City of saint John His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CHANGE ORDER FOR HARBOUR PASSAGE PHASE 111 CONTRACT No. 2005-21 (CHESLEY DRIVE/BENTLEY STREET) PROJECT BACKGROUND: Harbour Passage Phase III, Chesley Drive and Bentley Street sections was awarded by Common Council on December 05, 2005 to Galbraith Constructions Ltd., Saint John, N.B in the amount of $989,000. The project was completed in late 2007 and the final payment is ready to be made. During the construction, a number of electrical cables were exposed running along Chesley Drive. This situation had to be corrected and the construction of a retaining wall was necessary to properly protect the cables. This work was not included in the original contract and funds were not available to cover the costs. However, due to public safety, it was decided to make the necessary repairs and any adjustments to prevent future problems in this area. FINANCIAL: The approved budget for the Harbor passage Phase III contracts No. 2005 -21 ( Chesley Drive /Bentley Street) was $989,000. The change order that was issued for the work exceeded the budget by $48,474.29. The total for the project was $1,037,474.29. Funds were available within the total Capital envelope. RECOMMENDATION: That this report be received and filed. S prrence lly bmitted, To en, FCAAGER 113 The City of Saint John Norm McFarlane Mayor's Office Bureau du maire PROCLAMATION WHEREAS: "CELEBRATE what's RIGHT with the world" is a philosophy that encourages students to think of the positive things in life and in the world in order to essentially maintain a happy lifestyle; and WHEREAS: We have a tremendous opportunity and responsibility to influence our children in a positive way and we can do so by embracing the philosophy of "CELEBRATE"; and WHEREAS: This initiative will demonstrate how we can improve all areas of our lives when we are INTENTIONAL about celebrating what is right with the world; and WHERAS: School District 8 believes "CELEBRATE" will be an initiative that will also support and enhance the work of families, the business community, a e community at large. C NOW THEREFORE: I, Mayor Norm McFarlane, of the City of Saint John do hereby proclaim the month of Febru y, 2008 as "Celebrate what's RIGHT with the World" month in conjunction with School District 8. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. %' SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 411 lvot4intjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 River Road Community Alliance, Inc. Presentation before Saint John Common Council January 21, 2008 Your Worship and Members of the Common Council, fellow citizens: On behalf of the River Road Community Alliance, I want to thank you for allowing us to come before you tonight, to follow up on our power point presentation of October 22°a Also on behalf of our organization, I want to thank you for the work that has already been done in our community. Councilor Farren saw to it that two extremely dangerous holes were immediately filled and repaired. During December, nineteen improvements were made to the lighting along the Westfield Road: the addition of new lighting, upgrading of old fixtures, and the relocation of others. We have Councilor White and Holly Young of the Traffic and Infrastructure Development Department to thank for those important contributions to the safety of our area. We also appreciate the $125,000 that has been placed in the 2008 Budget for a preliminary design report for the Westfield Road area. Mr. Paul Groody has already recognized our request to be "at the table" during this planning process by arranging a meeting with representatives from our organization on Thursday, January 17`h. In your draft budget for 2010, your staff has wisely recognized the need for safe passage through our area by recommending that $420,000 be spent on "Drainage control, curb and sidewalk(north side), landscaping, cold milling, paving, including design and construction management services from Higbfield Avenue to the River Road Coop." We respectfully request tonight that the $420,000 be brought forward into the 2008 Budget. We understand that there are 2.5 million dollars of unspecified funds available for 2008, and we are asking that $420,000 of that money be allotted to complete this crucial work in our community. With respect, we want to remind you that our requests do not involve frills for our community. They involve basic safe passage through our community. Three hundred school children board and exit school busses from the Gault Road through Martinon five days a week. Ninety -eight of those children take busses at Highfreld Avenue in Martinon. There is a special care home along that stretch of road. We are asking tonight that you will see fit to give our citizens —during the coming year- - tangible hope for a safer community. "N Application for a Zoning By -law Amendment Demande de modification a Varrete Sur le zonage Applicant Related Information / Renseignements sur le demandeur i l � Name of Applicant /Nom du demandeur 1 Mailing Address of applicant / Addresse postale du demandeur / bu i A-,/ 9.M E { y 1c__$o ( 14) Postal Code / Code postal Telephone Number / Numbro de telephone Home / Domicile Work / Travail Fax Number / Numbro de telecopieur �-1)( o - 7 5I - 1 �C) C- Name of Property Owner (if different) / Nom du proprietaire (si different) j _J T hPLn��l�, iii Address / Adresse Property Information / Renseignements sur la propriete Postal Code / Code postal U+ ,of �t ,t .Svhn'. ©o va-7S�1,l� Ql ¢--- KnI (�� /� �-uV m1V F:V)wU 1 -it r u Location / Emplacement ! I 1 I t�' Col i (1 e- I�J�U09- } P!l /n le, - -HI N / No de voirie Street / Rue PID / NIP -I1, :00 5 r ov'3�r7la�v Lot Area / Su erficie du lot ��W 5 f", Street Frontage / Faeade sur rue \7-t itY�a�� Existing Use of Property / Utilisation actuelle de la propri&6 _� t/ h� Y1 �� (k f 1/1 'k- Municipal Plan Land Use Designation // Designation de utilization des tetras sur le plan municipal Z)eCV � (_ 6 i`.mAc r Amendment Requested / Modification demandee Present Zoning / Zonage actual A(! 4' Change Zoning to / Modification du zonage a and /or / ou u Text Amendment (indicate particulars) / Modification due texte (indiquez les details) Development Proposal / Proposition d'amenagement of Proposal / l"cription de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. H Vous devez fournir un plan du site a l'echelle 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 indiquer les dimensions de la proprieti, Pemplacement de to totaliti des bdtiments, des allies, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer ta distance entre les hmites de to proprieti et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait @tre approuvees. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernatt votre proposition qui pourrait @tre mile. Signature of Applicant / Signature du demandeur - -- - -- "7"� - JAMES M. PETflIE & SECRETARY 14" $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Date: Si vous n'etes pas le propriitaire du terrain en question, veuillez obtenir to signature du proprietaire dans fa partie ci- dessous. La signature du proprietaire autorisant le traitemem de la presente deman de pour que cette derniere soft examinee par le conseil communal. 12- 05 -'07 16:13 FROM -F5C Flooring & Con 15066350510 T -982 P002/002 F -432 Ellerdale Investments Ltd. 1190 Fairville Boulevard, Saint John, New Brunswick, Canada, E2M 5T7 Tel: (506) 635 -3064 fax (506) 635 -0510 Entail: Jprocca(&nbnet.nb.ca www.ellerdaleinvestments.com December 4, 2007 Planning and Development Department City of Saint John City Hall, a Floor 15 Market Square Saint John, NB E2L I E8 Attention: Jim Baird, Commissioner Dear Sir: RE: Re- Zoning Application for Proposed West End Saint John Development I am President of Ellerdale Investments Ltd., the owner of 917 Fairville Boulevard (PID No.00397620) (the "Lands "), which are currently subject to an Agreement of Purchase and Sale with Plazacorp Property Holdings Inc. dated October I5, 2007. On behalf of the company, I hereby consent to Plazacorp's application for re- zoning the Lands to "SC -- Shopping Centre" pursuant to its proposed retail development for the West end of Saint John, New Brunswick. We trust that you will find the above to be in order, but please contact me with any questions or concerns you may have. Yours very truly, ELL AL S NTS LTD. occa sident c. c. James Petrie, Plaaacorp Property Holdings Inc. 119 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, January 15, 2008 Date(s): Wednesday, December 26, 2007 Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 120 PROPOSED ZONING BY -LAW AMENDMENT RE: 917 FADRVILLE BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 21, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, from 11I -3" Light Industrial Park and unzoned former street area to "SC" Shopping Centre, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of a shopping centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETt SUR LE ZONAGE OBJET: 917, BOULEVARD FAIRVILLE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret& sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la Salle du conseil le lundi 21 janvier 2008A19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 2,3 hectares, situ&e an 917, boulevard Fairville, et portant les NID 00397620, 00427526, et faisam dgalement partie du NID 55107494, et Fancienne all6e Emco, de zone de pare d'industrie 16gere a I -3 o et rue non zon& a zone de centre commercial a SC », comme le montre la carte ci- dessous. (INStRER LA CARTE) RAISON DE LA MODIFICATION: Permettre l'am&nagement d'un centre commercial. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 1'h6tel de ville an 15, Market Square, Saint John, N. -B., entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Fattention du soussigne a Fh6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 121 PROPOSED ZONING BY -LAW AMENDMENT RE: 917 FAIRVILLE BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 21, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, from 11I -3" Light Industrial Park and unzoned former street area to "SC" Shopping Centre, as illustrated below. REASON FOR CHANGE: To permit the development of a shopping centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 917, BOULEVARD FAIRVILLE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Farr6t6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 21 janvier 2008 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 2,3 hectares, situ6e au 917, boulevard Fairville, et portant les NID 00397620, 00427526, et faisant 6galement partie du NID 55107494, et Pancienne all6e Emco, de zone de pare d'industrie Legere << I -3 » et rue non zonee A zone de centre commercial o SC », comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Permettre Fam6nagement d'un centre commercial. Toole personne int6ress6e peut examiner le projet de modification an bureau du greffier communal on an bureau de Furbanisme et du d €veloppement 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 f6ri6s. Veuillez faire parvenir vos objections an projet de modification par ecrit A 1'attention du soussigne A Ph6tel de ville. J. Patrick Woods, Greffter communal 658 -2862 122 * / / ' n 3 ( ` \ \ \ \ BY -LAW NUMBER C.P. 110 - ARRETt No C.P.110- A LAW TO AMEND ARREA MODIFIANT L'ARRETt THE ZONING BY -LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr&6 ce qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modif16 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, from "I -3" Light Industrial Park and unzoned former street area to "SC" Shopping Centre - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /Maire 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain d'une superficie d'environ 2,3 hectares, sira6e au 917, boulevard Fairville, et portant les NID 00397620, 00427526, et faisant 6galement partie du NID 55107494, et Fancienne all6e Emco, de zone de parc d'industrie 16g&re I -3 » et rue non zon6e A zone de centre commercial << SC » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr @t6 le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi&re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi&me lecture `FZ! January 16, 2008 Your Worship and Councillors: SUBJECT: Proposed Rezoning 917 Fairville Boulevard On December 17, 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 January 15, 2008 meeting. Myles Martin, representing Plazacorp Property Holdings Inc., attended the meeting and expressed agreement with the staff recommendation. No other persons addressed the Committee and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report, including the granting of the requested side yard variance. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, from "I -3" Light Industrial Park and unzoned former street area to "SC" Shopping Centre. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, for a shopping centre be subject to the following conditions: a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; 125 Planning Advisory Committee January 18, 2008 Page 2 d) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk; e) Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co -op entrance on the opposite side of Fairville Boulevard; f) The developer must install traffic signals at the intersection of the shopping centre /Co -op entrance and Fairville Boulevard in accordance with the specifications of the Chief City Engineer; g) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas (including location and types of planting materials) and other site features; h) The approved plans mentioned in conditions (b) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; i) All site improvements shown on the approved site plan, landscaping plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman Attachments Project No. 08 -005 126 DATE: JANUARY 7, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 11, 2008 127 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Plazacorp Property Holdings Inc. Name of Owner: Ellerdale Investments Ltd. and City of Saint John Location: 917 Fairville Boulevard and adjacent land PID: 397620, 427526, 55107494 (portion) and the former Emco Lane Municipal Plan: Service Corridor Zoning: Existing: "I -3" Light Industrial Park and unzoned former street area Proposed: "SC" Shopping Centre Proposal: To develop the first phase of a shopping centre, consisting of an approximately 4400 - square -metre (47,000- square- foot) retail store Type of Application: 1. Rezoning 2. Variance to permit a side yard of 4.87 metres (16 feet) adjacent to the existing Canadian Tire 127 Plazacorp Property Holdings Inc. 917 Fairville Boulevard JURISDICTION OF COMMITTEE: Page 2 January 7, 2008 property, whereas the Zoning By -law requires a minimum side yard of 15 metres (50 feet) The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, January 21, 2008. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, from "1-3" Light Industrial Park and unzoned former street area to "SU Shopping Centre. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2.3 hectares, located at 917 Fairville Boulevard, also identified as being PID Nos. 00397620, 00427526, a portion of PID No. 55107494, as well as the former Emco Lane, for a shopping centre be subject to the following conditions: a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; d) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk; 128 Plazacorp Property Holdings Inc. 917 Fairville Boulevard Page 3 January 7, 2008 e) Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co -op entrance on the opposite side of Fairville Boulevard; f) The developer must install traffic signals at the intersection of the shopping centre /Co -op entrance and Fairville Boulevard in accordance with the specifications of the Chief City Engineer; g) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas (including location and types of planting materials) and other site features; h) The approved plans mentioned in conditions (b) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; i) All site improvements shown on the approved site plan, landscaping plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. That the Planning Advisory Committee grant a variance to reduce the required side yard of the building from 15 metres (50 feet) to 4.87 metres (16 feet) adjacent to the existing Canadian Tire property. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: • Traffic signals to be financed by the developer; • The eastern most Co -op driveway should be reconfigured and reconstructed by the developer and widened to allow future dedicated left plus the combined straight /right, similar to the south side of Fairville Boulevard; • Water, sanitary and storm are available. Grades and pressures must be checked and confirmed by the developer; 129 Plazacorp Property Holdings Inc. Page 4 917 Fairville Boulevard January 7, 2008 • Any reconfiguring and landscaping on the Co -op entrances is to be at the developer's cost. Building and Technical Services has no Building Code concerns at this point in the process. Saint John Transit advises that bus service to this area is only seven trips a day. Saint John Transit has no concerns with the proposed rezoning and suggests that the developer consider bus service to this location as part of their overall plan for the total development. The applicant is urged to contact Saint John Transit directly for discussions in this regard. Saint John Energy advises that it has three -phase overhead facilities in the area. An extension of facilities will be required to service the proposed development and this will be dealt with at a later date with the developer. Also, easements may be required to service the proposed development. Aliant Telecom has been advised of the proposal. Maritimes & Northeast Pipeline advises that its transmission line runs parallel to the throughway in this area. A portion of the proposed development is located withing the control zone which requires that any development, including construction of parking areas and landscaping, be undertaken in consultation with Maritimes & Northeast Pipeline. The developer must contact Maritimes & Northeast Pipeline in this regard prior to finalizing its plans. Fire Department has no objection to the application, provided that the design and construction of the development adheres to the National Building and Fire Codes with particular attention to the following: • submission of construction plans to the Department of Public Safety (Technical Inspection Division) for review and approval; • proper access route location and design for firefighting equipment; • extension of fire hydrant network and appropriate placement; • adherence to standards on the installation of sprinkler systems, with sprinkler system and standpipe connection subject to review by the Saint John Fire Department prior to actual placement on the facility. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located at the intersection of Fairville Boulevard and the former Emco Lane in West Saint John. This is a major mixed commercial /industrial area, known as the Golden Mile, which is designated as a Service Corridor for the western part of the City. The site consists of 130 Plazacorp Property Holdings Inc. Page 5 917 Fairville Boulevard January 7, 2008 two properties, as well as the recently- closed Emco Lane and a portion of the former railway line. The site has a total area of approximately 2.3 hectares (5.7 acres), and has a frontage of approximately 110 metres (360 feet) on Fairville Boulevard. It is bounded on the northwest by Fairville Boulevard, on the northeast by the Canadian Tire property, on the southwest by the Saint John Transit/City Works depot, and on the southeast by the Saint John Throughway (Route 1). Directly across Fairville Boulevard from the site are the West Side Co -op store and the Ritchie Holdings Ltd. property (leased to an auto parts supplier). The front portion of the subject site contains a large industrial /warehouse building and associated outdoor parking /storage area, while the rear portion of the site (adjacent to the highway) is part of the City Works depot yard. Proposal The applicant proposes to demolish the existing industrial building at 917 Fairville Boulevard and construct an approximately 4400 - square -metre (47,000- square -foot) retail box development. The proposal is the first phase of a larger retail "power centre" that the developer proposes to establish on the subject site and adjacent lands to the southwest (including the Saint John Transit/Municipal Operations facility). The nature of the proposed retail tenant has not been announced at this time. The attached site plan indicates the proposed development will be accessed from Fairville Boulevard at the location of the recently- closed Emco Lane intersection, which will include traffic lights. On -site parking for 234 vehicles is proposed for the Phase 1 building. The Zoning By -law requires a minimum of 157 spaces to be provided for the 4400 - square -metre building. The subject site is currently zoned "1-3" Light Industrial Park (except for the unzoned former Emco Lane), which permits retail developments up to a maximum of 3,000 square metres (32,000 square feet). Larger retail developments are considered to be "shopping centres" and require rezoning. The applicant has requested that the subject site be rezoned to the "SU Shopping Centre zone, in order to permit the proposal. Municipal Plan and Proposed Rezoning As noted above, the subject site lies within the Service Corridor designation of the Municipal Plan. The proposed retail box store is consistent with this designation and surrounding development in the area. The proposed "SU Shopping Centre zoning permits a wide range of retail and service uses, including shops and restaurants, in a shopping centre environment. This is a zone that is in conformity with the Service Corridor designation. With respect to new or expanded shopping centre developments, the policies of the Municipal Plan require the following: a) The proposed site is located on an arterial or collector street; and 131 Plazacorp Property Holdings Inc. Page 6 917 Fairville Boulevard January 7, 2008 b) The shopping centre proposed is of a size and nature that is in the opinion of Council warranted on the basis of a survey to be carried out by or for the applicant of the population and location and type of other commercial establishments within the anticipated trading area and the City as a whole. The Municipal Plan designates Fairville Boulevard as an arterial street and, therefore, the subject site meets the first criterion. The applicant has addressed the second criterion by submitting a market impact statement, prepared on its behalf by ADI Limited. The summary of the market impact statement is attached. The market impact statement reviewed the current economic conditions in the Greater Saint John area (including population and labour force, economic outlook, retail sector importance) and discusses the likely impacts of the proposed development on the regional retail sector, paying particular attention to the Uptown area and the benefits to Saint John area consumers. It indicates that continued development of Saint John's retail sector is an important component of its economic strategy and that the proposed development contributes to this strategy by making Saint John more competitive in serving its own regional market and as a major Provincial retail centre. Traffic and Transportation Infrastructure Similar to other shopping centre developments in Saint John (for example, McAllister Place, First Westmorland and, most recently, East Point Shopping Centre) a major issue in relation to this proposal is the ability of the existing transportation infrastructure to accommodate the traffic generated by the development and, if not, the nature of any required improvements. In order to help identify the impacts, as well as any required measures to accommodate the development, the applicant has submitted a detailed traffic impact study, prepared by ADI Limited. The objective of the traffic study was to identify the traffic impacts associated with the proposed development. The study area includes Fairville Boulevard along the frontage of the site and includes the intersection of Fairville Boulevard and the former Emco Lane, which, as noted previously, will be the entrance to the development. A three -year design period was used to identify future traffic circulation conditions associated with the proposed development. The summary of the traffic impacts and improvement options from the study is attached. The study projects that the development would be expected to generate 100 entering trips and 160 exiting trips during the AM peak hour and approximately 360 entering trips and 370 exiting trips during the PM peak hour. This traffic includes entirely new traffic generated by the existence of the new commercial development and pass -by traffic making an intermediate stop as part of an existing trip to the area. The study assumes that the pass -by (i.e. traffic already in the area) component would comprise 20 percent of total trips. 132 Plazacorp Property Holdings Inc. Page 7 917 Fairville Boulevard January 7, 2008 The study indicates that the traffic generated by the proposed development will warrant the installation of traffic lights to control traffic movements at the shopping centre entrance. As this would be directly across from the most easterly of the Co -op's two driveways, it would also be tied into the signalized intersection. The study suggests that consideration be given to closure of the other co -op driveway; however, it should be noted that the westerly driveway's separation of approximately 30 metres (100 feet) from the signals would be in conformity with the Zoning By- law's minimum driveway separation requirement. The study includes a proposed design for the intersection that includes traffic islands and right - turn slip lanes on Emco Lane to provide an appropriate curb radius for truck turning movements. With regard to pedestrian movements, the study suggests that the traffic signal will have the added benefit of providing a protected crossing opportunity at this point on Fairville Boulevard. The provision of other pedestrian friendly features within the proposed intersection and site layout is also recommended. Finally, the study also recommends that the City consider access management measures on Fairville Boulevard in the vicinity of the site to remove redundant driveways, reduce conflicts and improve traffic flow on the Boulevard. It would be anticipated that such improvements would be made in conjunction with the development or redevelopment of these other properties. The developer will be responsible for the costs of the required traffic improvements, including the traffic signals and reconfiguration /landscaping of the Co -op entrance. Site Servicing and Drainage As noted by Municipal Operations and Engineering, City water, sanitary and storm sewers are available. It is the responsibility of the developer to ensure that grades and pressures are sufficient for the proposed and future development. Detailed servicing and drainage plans will be required. Site Development The attached preliminary site plan suggests a high quality development, built to modern -day standards for urban commercial areas, with defined driveway access, asphalt parking areas, concrete curbing, underground wiring, quality building finishes and landscaping of all disturbed areas of the site. In order to ensure that the final development is of a high quality, it is recommended that the Section 39 conditions incorporate the normal site development requirements that are imposed on such projects. This would include submission of detailed site, landscaping and building elevation plans to the Development Officer for approval. A major issue in this regard will be the appearance of the development from Fairville Boulevard. The submitted preliminary plan indicates that the front of the building will actually face the Saint John Throughway, while the rear facade, with its attendant loading facilities and service access will face Fairville Boulevard. This is not particularly unusual or problematic, as there are 133 Plazacorp Property Holdings Inc. Page 8 917 Fairville Boulevard January 7, 2008 examples of such arrangements within other existing developments, including individual components of East Point and First Westmorland shopping centres. The high visibility of these facades will require that special attention be given to all sides of the building in terms of building design, exterior finishes (all sides to have same quality design and materials), landscaping, and and screening /depressed grades of loading facilities. At this time the applicant has not provided detailed plans for review, but has indicated that such features will be addressed. The overall site layout appears to be in compliance with the shopping centre zone standards, with the exception of the proposed building setback from the Canadian Tire property to the northeast. A minimum yard of 15 metres (50 feet) is required, whereas the applicant indicates that a setback of 4.87 metres (16 feet) is proposed. The applicant indicates that the main factor dictating the location of the building is the soil conditions and that this location will avoid the need to drive piles as a foundation. As the proposal is to integrate the site with cross - connections to the adjacent property, the reduced yard will not have a negative impact. A variance can be recommended for this reduced setback. Finally, it is being recommended as part of the Section 39 conditions, that the landscaped areas have a minimum depth of 6 metres (20 feet) inside the property line abutting Fairville Boulevard (the "SC" Shopping Centre zone provisions require only 2 metres (6.5 feet) of landscaping). This additional requirement is consistent with Section 39 conditions imposed on the other shopping centre developments, and is recommended for the present proposal. The preliminary site plan suggests that the proposed landscaping along Fairville Boulevard will be well in excess of 6 metres (20 feet). CONCLUSION: The subject site is located within the Fairville Boulevard (Golden Mile) Service Corridor. The proposed amendment to the Zoning By -law can be supported as consistent with the Municipal Plan and surrounding development. Section 39 conditions, consistent with those imposed on other developments, are recommended with respect to the nature and maximum size of the shopping centre, as well as the infrastructure improvements and site development requirements. The major issues with the development are the appearance and the required traffic control improvements (i.e. development of an appropriate signalized entrance). The recommendation will require the submission of detailed plans in this regard for the review and approval of the City. Approval of the proposed rezoning, with the conditions as set out, can be recommended. RGP /r Project No. 08 -005 134 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT x. • t J • y\ .n � » 1- 3 1- a B_ 2 Ti r2 Co-op I- 4 " ivar1u5 B- ? :; Sant Jahn "•' 7ra�srf � e�• B o b" 1- a RF C yy+`c4�a 1 C. PID(s) /NIP(s): Subject Site /site en question: 00397620 00427526 Location: 917, boulevard Fairville Boulevard 55107494 (portion) al. Emco Ln. Date: December 7 decembre 2007 Scale /echelle: Not to scale /Pas a 1'echelle 135 �1 rr Z Il HIT c� i I W O IV I - __ ! Lj 'r- — l I aW - -- _ r I i 119% I � I I I I SA,Mt .,o�« tRAAryT I EuEAOAAF MVESIAEH T5 LTD ' ' ' ( CORnr3goR I XAM TIC NEa A PLASM SRors ' AREA 00163 754 l 1- AREA 1.15 Ho ��... � -------- �-._ - -- -- Jam. - - - -- -4000,0580 FMRYALLE BLVO I UGH TS � i y J CARCE� I - - - -- CERRE I EXISTING ------------------ . ............... 'Ff�lr CTC GAS BARti PROPOSED PROPOSED RETAIL PHASE I I rimauE E T A I L+ PHASE 2 I 4 7, 00 0 SO. F T. Y cAH.oRA� nNE GARAOun t 'r I ,EA- EStAtE LM 3RE '..: _ 4..; P4 0003181' ' - ---- -'- -... -- -- _ CORPORA IM LTp 4 - ARE a. 3115 •r, P4 000]78,] AREAL 1 45 Ha � � 71 ._. — —,.— ] i _ _ �( - - ptT IF SAM. - IL� - --i. AREA: 536 �n HONK HAMWARE STONES LID PC mmi7n PNOPO ANEA OSE 1035 - .. I OTr OF SAM T " (....... P4 003175N - on W sAM T. JD* ARE A 7600 w - - ' -- r PRA' AREA. 105 95 SAINT N. T"Ro"GHWAY Market Impact Statement Fairville Boulevard Retail Development 8 4.0 SUMMARY 1. The economic outlooks for New Brunswick and the Saint John area are extremely positive. Continued strong growth is expected for 2007 and the remainder of this decade. This means growth in incomes (GDP), employment and the retail sector. 2. The retail sector is an important component of the Saint John area economy. It accounts for 16 percent of the area employment or almost 10,000 jobs and is a source of economic growth. 3. The development of major retail areas such as the Westmorland area and the "Golden Mile" is occurring worldwide. This has required many small retailers, such as those in the Uptown Area, to make adjustments to their business plans and focus on the market opportunities where they have strategic advantages. 4. Continued development of Saint John's retail sector is an important component of its economic strategy. This proposed development will contribute to this strategy by making Saint John more competitive in serving its own regional market and as a major Provincial retail centre. ;1 IK1E:3 (55) 5851 -013.1 Transportation Impact Study for a Retail Development on Fairville Boulevard in Saint John 8.0 CONCLUSIONS 8.1 Traffic Impacts Based on the findings of this study, the following conclusions were made: • Fairville Boulevard currently experiences AADT of approximately 14,000 vehicles; • No existing operational deficiencies were identified at the intersection of Fairville Boulevard and Emco Lane (the proposed site access); mi • The proposed development would be expected to generate approximately 100 entering trips and 160 exiting trips during the AM peak hour and approximately 360 entering trips and 370 existing trips during the PM peak hour; • The traffic expected to be generated by the proposed development satisfies the warrant for the installation of a traffic signal on Fairville Boulevard at Emco Lane; • The existing easterly access to the Co -op should be included as the north leg of the new signalized intersection; • The westerly access to the Co -op would potentially conflict with traffic activity at the new signalized intersection and therefore should be removed, if possible; • Analysis of the traffic operations for the 2010 planning horizon indicates that the new signalized intersection would operate at a very good level of service; • It is anticipated that a curb radius of at least 20 m would be required at Fairville Boulevard and Emco Lane to appropriately accommodate truck turning movements. Therefore, traffic islands and right -turn slip lanes should be constructed on Emco Lane to provide this radius while also allowing for the installation of a traffic signal; and • Pedestrians have expressed concerns regarding the availability of pedestrian facilities and crossing opportunities on Fairville Boulevard. Therefore, the provision of pedestrian friendly features within the site layout should be reviewed. G C= 139 (55) 5851 -012.1 Transportation Impact Study for a Retail Development on 19 Fairville Boulevard in Saint John 8.2 Improvement Options The following improvement options have been identified to address transportation impacts resulting from the proposed development: • A new actuated traffic signal should be installed at the intersection of Fairville Boulevard and Emco Lane. The easterly access to the Co -op should be included as the northern leg of this intersection; • The westerly access to the Co -op should be removed if possible. A single, signalized access to the Co -op would provide sufficient capacity to accommodate entering and exiting traffic; • The City of Saint John should consider access management measures on Fairville Boulevard in the vicinity of the proposed development site to remove redundant accesses, reduce conflicts, and improve traffic flow; • Traffic islands and right -turn slip lanes should be constructed on Fairville Boulevard at Emco Lane to accommodate truck turning movements and the installation of traffic signal infrastructure. The inside curb radius of the slip lanes should be approximately 23 m; • The site layout should be reviewed for opportunities to provide pedestrian friendly facilities; and + The site layout features related to internal truck movements should be reviewed to minimize truck conflicts with other vehicles and avoid truck backing manoeuvres on Emco Lane, if possible. 140 (55) 5851 -012.1 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et it Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/Nom du demandeur Hughes SIU VeVs & Consultants Inc on behalf of Lambton Greens Inc Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street Telephone Number / Numdro de tdldphone Home / Domicile Postal Code / Code postal E2L 5E9 Work / Travail 634 -1717 Fax Number/ Numdro de tdldcopieur 634 -0759 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) McNulty Caragg Q 987) Ltd Address / Adresse299 Golden Grove Road Postal Code / Code postal:E2H 2V5 Property Information / Renseignements sur la propri6tj 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 / Fagade sur rue Existing Use of Property / Utilisation actuelle de In propridtd 51 metres on City Line 340 metres undeveloped street Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des tomes sur le plan municipal _ Open space & Transportation Present Zoning / Zonage actuel P and I -2 Amendments Requested / Modifications demandees Municipal Plan / Plan municipal :Change Land Use Designation to / Modifier Is ddignation de Putilisation des terres 8 Hi Densi s' nti and/or / ou I]Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez lea ddtails en annexe) Zoning By- law / Arr@td sur le Zonage :Change Zoning to / Modification du zonage High Rise Multipal Residential (RM 2) _ and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 141 Development Proposal / Proposiltion d'amenagement 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 condominium units. The project will consist of three high -rise condominium structures up to 12 stories in height, joined by a one or two storey structure housing amenity space and parking The buildings will also feature underground parking in the basement area The project will be 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 remaining high -rise structures would be developed as subsequent phases The site was chosen because of its roximity 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 proiect. Amenities to be included 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 thcrefore 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 a proiect 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 right for a project of Ns nature You must provide a scaled site plan that illustrates Vous devez,fournir unplan du site a l'echelle illustrant votre your proposal. You may also provide proposition. Vous pouvez igalement fournir des photographs, building plans, elevation drawings photographies, des plans de bdtiment, des dessins de plan and any other form of information. The site plan d'elevation et toute autre forme de renseignemem. Le plan du must show the dimensions of the property, the site dolt indiquer les dimensions de la propriete, location of all buildings, driveways, parking areas, 1'emplacement de to iolalW des bdtiments, des allies, des landscaping and signs. It is important that the sires de stationnement, des amenagements paysagers et des distance between the property boundary and panneaux de signalisation. 11 est important d'indiquer la buildings are shown. distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Foumir les raisons pour les quelles les modifications devraient etre approuvees. The subiect site, often referred to as the Fort Dufferin site is a landmark that warrants a high quality proiect such as that proposed The developer's willingness to convev land that can be used as a West Saint John destination as part of the Harbour Passage Development is in keeping with the Saint John Inner Harbour Land Use Plan and hnplement._. ah42 Potential of the development of the trail to this Armand the conve ance of land that would include a substantial onion of Ba Shore Beach rovides a number of possibilities for both residents of the City of Saint John and occupants of the ro sed condominium ro'ect. The develo r is varticularlY interested in workin with the Saint John Waterfront Development Partnership. The concept of water taxis servicing Partridge Island could include a_ stop end of [5n, r ;— _ _ _ Saint John area to Bay Shore Beach. Provide any other information about your proposal Proposition qui pourrait @tre utile. that would be helpful. / Fournir tout autre renseignement concemant votre cone t which is shared between the develo ers. Another im octant benefit is the realized upon buildin of the ro"ect. The followin are examoles of the benefits: base that would be • 600 condominium units sold at a minimum of 150 000 each would result in a tential sale dollars, value of over 90 million dollars resulting in otential annual tax revenues of over 1.5 million • 600 condominium units sold at an avera a rice of -$200,00o would result in tential sale dollvalue of over 120 million dollars resulting in Potential annual tax revenues a of over 2 million ars. Since selectin the subject land the developer has undertaken significant due diligence. • Boreholes and soils analysis have been conducted. • A study with res ect to erosion Potential is in ro ss • Several oublic bohave been a roached with r s Be, t to the siOlifican ce of World War II facilities that exist in the area. and included in ro'ect develo ment cost estimates. `E10 reuuLryl y f inc,Road to establish a suitable ohysieal access to_the Signature of Applicant /Slgnanrre du demandeur Signature of Applicant / Signature du demandcur Date „ttpf4 -�— 0.Pe 7 5400 Application Fee Enclosed / 0-joint les frais de demande do 400 S 3S Surveys k (:ansultants (11C. Greens Inc. IYou are sot the owner rrfrhe land In question til vous nVies pas le propridlaire du terrain on queerion, please have the owner sign below. The signature of veuillez oblenir la signature du propridtalrc duns la part/, the owner authorizing this applicaliort to proceed Ls cl- dessous. La signature du propridtaire autoriranl /e requlredJim consideration by (;ommon C'ounci /. frailement de to pressenre deniande e.rr require pour quo Signature of Owner (if applicable) colic derniore soil examinee par le cnnsefl communal. Signature du propridtaire (311 y a lieu) �_ See attached authoriratlon Date _,P &,—r r '7 rr z0d WtiLZ:TO L002 6Z 'das 144 'ON 3NOHd X0-:i adl ocuoseued : WObd FROM : Panasonic TAD /FAX PHONE NO. Sep. 29 2007 01:27gM P02 1, Floyd Williston, President of McNulty Cartage (1987) I.W. have entered into an Agreement of Purchase and Sale with Lambton Greens Inc. for lands known as YID # 00390104, known as the Fort Dufferin site shown on the attached plan together with an associated right of ways or interests, and hereby authorize. Larnbton Greens Inc. and their consultant, l lughes Surveys & Consultants hte. to make application for Municipal Plan Amendment and Rezoning of the above noted properties. Floyd % is on, President McNulty Cartage (1987) Ltd. I[lei r/ Date 146 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, LIGNE CITY/ CHEMIN FORT DUFFERIN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'6tudier one modification du plan d'am6nagement municipal visant A faire passer la classification du bien -fonds suivant, a 1'annexe 2- A du plan, de zone 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, situ6e au 475, ligne City /chemin Fort Dufferin, et portant le NID 00390104, eomme le montre la carte ci- dessous. (INS$RER LA CARTE) Une presentation publique du projet de modification aura lieu an cours de la r6union ordinaire du Conseil communal pr6vue le lundi 5 novembre 2007 dans la salle du conseil, an 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 afin de permettre I'am6nagement de tours de condominiums. Veuillez faire part au conseil par 6crit de vos objections an projet de modification au plus tard le 5 d6cembre 2007 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal on an bureau de 1'urbanisme et du d6veloppement 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 j ours f6ri6s. J. Patrick Woods, greffier communal 658 -2862 147 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, LIGNE CITY/ CIIEMIN 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 d haute densite : une parcelle de terrain d'une superficie d'environ 6,72 hectares, situee an 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 au cours de la reunion ordinaire du conseil communal prevue le lundi 5 novembre 2007 daps la salle du conseil, au niveau du hall d'entree, 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 afin de permettre I'amenagement de tours de condominiums. i. Veuillez faire part an conseil par ecrit de vos objections an projet de modification au plus tard le 5 d6cembre 2007 a Pattention du soussign @. Pour toute demande de renseignements, veuillez vous adresser an bureau du greffier communal ou an bureau de Purbanisme et du developpcment 6 Ph6tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les fours feries. J. Patrick Woods, geffier communal 658 -2862 149 150 151 152 153 154 155 156 157 158 159 160 January 16, 2008 Your Worship and Councillors: SUBJECT:Proposed Municipal Plan Amendment and Rezoning 475 City Line/Fort Dufferin Road On December 17, 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 January 15, 2008 meeting. This letter deals with the proposed Municipal Plan amendment and rezoning. Rick Turner attended the meeting and addressed the Committee on behalf of the applicant. Mr. Turner described the project and reported on a meeting that the developer had held with neighbouring property-owners, who were generally pleased with the proposal. He also indicated that the applicant is in agreement with the staff recommendation, but requested a change in the order of the words in proposed condition (b) to clarify that the developer is responsible for any slope stabilization of erosion controls only with respect to the portion of City Line between the railway and the entrance to the development. Staff confirmed that this was the intent of condition (b) and had no objection to the clarification. Mr. Phillip Greenlaw, 491 City Line, also attended the meeting and indicated that he supported the proposal. However, he expressed the desire that the existing Fort Dufferin Road should be utilized as the access to the development, rather than rebuilding City Line in front of his property. He also indicated that he was concerned that his deck appears to encroach onto the subject site. No other persons attended the meeting and no letters were received. After considering the report and presentations, the Committee adopted the staff recommendation with the suggested modification to condition (b). It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the requested Zoning By-law amendment be given by Council. RECOMMENDATION : 1.That Common Council redesignate on Schedule 2-A of the Municipal Development Plan, from TransportationandOpen Space to High Density 161 Planning Advisory Committee Page 2 January 16, 2008 Residential, a parcel of land with an area of approximately 5 hectares (12.3 acres), located at 475 City Line/Fort Dufferin Road, also identified as being all that part of PID No. 00390104 that does not include an approximately 1.7- hectare (4.2-acre) area along the shoreline as generally shown on the applicant?s submitted site plan as ?to be conveyed to the City of Saint John.? 2.That Common Council rezone the same parcel of land from ?I-2? Heavy Industrial and ?P? Park to ?RM-2? High Rise Multiple Residential. 3.That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5 hectares (12.3 acres), located at 475 City Line/Fort Dufferin Road, also identified as being all that part of PID No. 00390104 that does not include an approximately 1.7-hectare (4.2 acre) area along the shoreline as generally shown on the applicant?s submitted site plan as ?to be conveyed to the City of Saint John?, is subject to the following terms and conditions: a) The use of the rezoned area is limited to one or more buildings containing a total maximum of 600 dwelling units, together with associated amenity areas, parking and those ancillary commercial uses permitted in the ?RM- 2? High Rise Multiple Residential zone; b) The developer must undertake improvements to City Line, including any necessary slope stabilization or other erosion controls, from the existing terminus of the improved portion on the northwest side of the railway crossing to the site entrance in accordance with detailed engineering plans to be prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must upgrade the existing railway crossing on City Line, including appropriate signalization, in a manner that is satisfactory to Transport Canada and the railway company; d) The developer must extend City water and sewer, including the construction of a lift station and forcemain if necessary, in accordance with detailed engineering plans to be prepared by the developer and subject to the approval of the Chief City Engineer or his designate. If a lift station and forcemain is necessary, it shall be located in a manner that permits the servicing of the existing dwellings on the properties adjacent to the subject site; e) The developer shall convey to the City of Saint John an approximately 1.7 hectare (4.2 acre) area of land located adjacent to the shoreline, as generally shown on the submitted proposal; f) The developer must design and implement a detailed site drainage plan, subject to the approval of the Chief City Engineer or his designate, 162 Planning Advisory Committee Page 3 January 16, 2008 indicating the manner in which storm water collection and disposal will be handled on the site; g) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; h) The developer must provide all utilities underground, including power and telephone, from the existing overhead facilities. The developer shall grant an easement for the existing power line servicing Partridge Island; i) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; j) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; k) The approved plans mentioned in conditions (f) and (j) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation. l) All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman Attachments Project No. 08-001 163 DATE: JANUARY 11, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 15, 2008 Randall G. Pollock, MCIP Planner SUBJECT : Name of Applicant: Hughes Surveys & Consultants Inc. (on behalf of Lambton Greens Inc.) Name of Owner: McNulty Cartage (1987) Ltd. Location: 475 City Line/Fort Dufferin Road PID: 390104 Municipal Plan: Existing: Open Space and Transportation Proposed: High Density Residential Zoning: Existing: ?P? Park and ?I-2? Heavy Industrial Proposed: ?RM-2? High Rise Multiple Residential Proposal: To develop a high-rise residential condominium project Type of Application: Municipal Plan Amendment, Rezoning and Subdivision JURISDICTION OF COMMITTEE : TheCommunity Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and 164 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 2 475 City Line/Fort Dufferin Road January 11, 2008 Zoning By-law. Common Council will consider the Committee?s recommendation at a public Monday, January 21, 2008 hearing on . TheAct also authorizes the Committee to advise Common Council on the assent to a subdivision plan with respect to land for public purposes (LPP) dedications. STAFF RECOMMENDATION TO COMMITTEE : 1.That Common Council redesignate on Schedule 2-A of the Municipal Development Plan, from TransportationandOpen Space to High Density Residential, a parcel of land with an area of approximately 5 hectares (12.3 acres), located at 475 City Line/Fort Dufferin Road, also identified as being all that part of PID No. 00390104 that does not include an approximately 1.7-hectare (4.2-acre) area along the shoreline as generally shown on the applicant?s submitted site plan as ?to be conveyed to the City of Saint John.? 2.That Common Council rezone the same parcel of land from ?I-2? Heavy Industrial and ?P? Park to ?RM-2? High Rise Multiple Residential. 3.That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5 hectares (12.3 acres), located at 475 City Line/Fort Dufferin Road, also identified as being all that part of PID No. 00390104 that does not include an approximately 1.7-hectare (4.2 acre) area along the shoreline as generally shown on the applicant?s submitted site plan as ?to be conveyed to the City of Saint John?, is subject to the following terms and conditions: a) The use of the rezoned area is limited to one or more buildings containing a total maximum of 600 dwelling units, together with associated amenity areas, parking and those ancillary commercial uses permitted in the ?RM-2? High Rise Multiple Residential zone; b) The developer must undertake improvements to City Line from the existing terminus of the improved portion on the northwest side of the railway crossing to the site entrance, including any necessary slope stabilization or other erosion controls, in accordance with detailed engineering plans to be prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must upgrade the existing railway crossing on City Line, including appropriate signalization, in a manner that is satisfactory to Transport Canada and the railway company; 165 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 3 475 City Line/Fort Dufferin Road January 11, 2008 d) The developer must extend City water and sewer, including the construction of a lift station and forcemain if necessary, in accordance with detailed engineering plans to be prepared by the developer and subject to the approval of the Chief City Engineer or his designate. If a lift station and forcemain is necessary, it shall be located in a manner that permits the servicing of the existing dwellings on the properties adjacent to the subject site; e) The developer shall convey to the City of Saint John an approximately 1.7 hectare (4.2 acre) area of land located adjacent to the shoreline, as generally shown on the submitted proposal; f) The developer must design and implement a detailed site drainage plan, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled on the site; g) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; h) The developer must provide all utilities underground, including power and telephone, from the existing overhead facilities. The developer shall grant an easement for the existing power line servicing Partridge Island; i) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; j) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; k) The approved plans mentioned in conditions (f) and (j) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation. l) All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 166 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 4 475 City Line/Fort Dufferin Road January 11, 2008 4.That, if and when third reading is given to the proposed amendments, Common Council assent to the proposed subdivision of the parcel of land having PID No. 00390104 with respect to the proposed vesting of the approximately 1.7-hectare (4.2-acre) area along the shoreline as land for public purposes and any necessary municipal services easements and public utility easements. BACKGROUND : On June 24, 1991, Common Council adopted a resolution pursuant to Section 41(1) of the Community Planning Act requiring that the gravel pit being operated on the subject site (a permitted use in the ?I-2? Heavy Industrial portion and a non-conforming use in the ?P? Park section) be required to comply with various provisions of the Zoning By-law concerning aggregate extraction. INPUT FROM OTHER SOURCES : Municipal Operations and Engineering advises as follows: The existing travelled portion of City Line (in front of civic numbers 483, 487 & 491) is not within the existing street right-of-way. The end of the City Line right-of-way is very steep and would be difficult to construct or extend the road in this area. The existing access to the subject property is over the adjacent property to the northwest and provides the best location for access to the proposed development. The end of City Line to the access to the proposed development must be upgraded as part of the development. This upgrading may include an erosion study to determine if slope stabilization is required to protect City Line. The end of the existing gravity sewer on City Line is adjacent to and southeast of the railway track. This existing sewer runs by gravity from this location to the Market Place lift station. The developer should verify that the existing sanitary sewer can handle the capacity of the proposed development. If the sanitary sewer from the proposed development cannot be serviced by gravity and a lift station/forcemain is required, the City would want the lift station located to be able to provide service for the homes fronting on the lower end of City Line. The existing water main is a 200 mm PVC line terminating at a valve on the northwest side of the railway tracks. The existing water pressure is approximately 60 psi at this location and must be verified, as well as flow capacity, by the developer. Additionally, there is an existing 150 mm cast iron water main from the northwest side of the tracks dead ending on City Line. It is unlikely that this line will provide adequate flow and pressure for the proposed development. The developer must provide a site drainage plan indicating how storm water collection and disposal will be handled. 167 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 5 475 City Line/Fort Dufferin Road January 11, 2008 The developer must provide a traffic study to determine if the volume of traffic can be handled by the existing City streets. The developer is responsible to contact the railway company to determine any requirements with respect to the at-grade crossing of the railway. Building and Technical Services advises that there are no Building Code issues at this time. Saint John Transit advises that it currently has service to the corner of Woodville Road and City Line, but would be prepared to extend the service closer to this high density development if it is possible to route the bus through the development. Saint John Energy advises that it has overhead facilities in the area. It should also be noted that there is an overhead line on the existing property that supplies service to Partridge Island and this would have to be maintained and an easement would be required for the line that crosses the property. An extension of facilities will be required to service the proposed development and this will be dealt with at a later date with the developer. Aliant Telecom has been advised of the proposal. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. New Brunswick Southern Railway has been advised of the proposal. Transport Canada has been advised of the proposal. Leisure Services has been advised of the proposal. Fire Department has no objection to the application. It is expected that the development of the road network and parking areas as well as the construction and operation of the high-rise residential condominium will adhere to both the National Fire and Building Codes, with particular attention to the following: submission of construction plans to the Department of Public Safety (Technical Inspection Division) for review and approval; proper access route location and design for firefighting equipment; extension of fire hydrant network and appropriate placement; adherence to standards on the installation of sprinkler systems, with sprinkler system and standpipe connection subject to review by the Saint John Fire Department prior to actual placement on the facility. 168 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 6 475 City Line/Fort Dufferin Road January 11, 2008 N.B. Department of Environment and Local Government has been advised of the proposal. N.B. Department of Wellness, Culture & Sport (Heritage Planning & Programs Division) advises that,under the Historic Sites Protection Act, the Minister may designate provincial historic sites within the meaning of the Act. Sites are deemed to be either (a) historic or (b) protected. While designation as a protected Provincial Historic Site places restrictions on that site, there are no restrictions on historic sites. Fort Dufferin (built 1863-1864) is a component of the Provincial Historic Site of the Saint John Harbour Defensive Network. Designated historic in 2000, the network consists of 17 installations that are in or relate to Saint John Harbour. Built over a period of 350 years each successive military threat led to construction of defensive installations reflecting changing navel technologies. In the case of Fort Dufferin, initially a battery was built at this location following a diplomatic incident that occurred in November 1861 during the American Civil War. The incident, referred to as the Trent Affair, nearly lead to a collapse in Union-British relations and war. The battery was constructed as part of Britain?s effort to strengthen its presence in Canada in response to the Trent Affair. Again, with the outbreak of World War II the battery was brought back to active service and was updated. This site, in consideration with the other 16 installations, has considerable heritage value relating to the important role of Saint John and its harbour in the history of New Brunswick, and the important role Saint John played in Canada?s military history. The Heritage Branch of Wellness Culture & Sport considers each component of the Saint John Harbour Defensive Network an important heritage resource. In the event that the site is to be impacted Heritage Branch would encourage that the proponent record the remaining historical landforms and features of the site. Further, to serve the long term public interest, the Heritage Branch would encourage that the remaining historic landforms and features be maintained as part of any development. School District 8 has been advised of the proposal. Saint John Waterfront Partnership has been advised of the proposal. ACAP Saint John has been advised of the proposal. ANALYSIS : Site and Neighbourhood The subject site, known as Fort Dufferin, is located at the end of City Line on the Saint John?s West Side, as illustrated on the attached location map. The surrounding area consists of a mainly 169 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 7 475 City Line/Fort Dufferin Road January 11, 2008 residential neighbourhood with a variety of dwelling types and ages. However, the site is isolated from all but four of the existing residences in the area by the New Brunswick Southern Railway line and associated marshalling yard. The site also abuts the shore of Saint John Harbour and the breakwater that connects the mainland with Partridge Island. It also includes the area above the high water mark of Bay Shore Beach. The site is undeveloped except for the remains of a number of gun emplacements that date back to World War II. Much of the balance of the site is covered in alders. As suggested in the Background, a working gravel pit operation was carried on by the present owner, McNulty Cartage (1985) Ltd., until well into the 1990s. The primary nature of the operation was the extraction of sand and gravel from the beach area, which was a source of land use conflicts over the years. This activity no longer takes place on the site. The area of the subject site is approximately 6.72 hectares (16.6 acres). Most of it is gently sloping, with the high point at an elevation of 28 metres (92 feet) above sea level. Along the shoreline, the site slopes more steeply from the beach to the upper portion. Access into the site is actually across the adjacent N.B. Southern property because the very end of City Line has eroded away to the extent that the travelled portion in front of the last three houses is actually on those properties and not within the street right-of-way. Proposal The proposal is to develop a high-rise condominium project with a mix of one, two and three- bedroom apartment-style units. The project will consist of three high-rise buildings, up to 12 storeys in height, joined by a one or two-storey structure housing amenity space and parking. The buildings will also feature underground parking in the basement area. The proposed project will be developed in three phases as market conditions dictate. The first phase would consist of a building having approximately eight storeys and the amenity space/parking structure that will connect with the future buildings. The two remaining structures would be developed as subsequent phases. A total of approximately 400 to 600 dwelling units are being contemplated at this time. The amount of parking indicated on the submitted conceptual plan would permit 406 units. The applicant indicates that the site was chosen because of its proximity 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 service vehicles. Amenities to be included in the project include tennis courts, pool, gymnasium, sauna and a health centre, which would be constructed as part of the first phase. Design and marketing for the project is estimated to take 1½ to two years from the time approvals are granted, with the project reaching full build-out within approximately ten years. The developers indicate that they have conducted extensive study of the 170 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 8 475 City Line/Fort Dufferin Road January 11, 2008 Saint John region and see the timing and economic conditions are right for a project of this nature. The developers 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 and, therefore, are including a provision to convey a significant portion of the waterfront area (approximately 1.7 hectares or 4.2 acres) to the City of Saint John for future inclusion in the Harbour Passage concept. This area includes a number of the abandoned military structures which are significant to the heritage of the site. The area to be conveyed to the City equals approximately 25 percent of the site. The developer is particularly interested in working with the Saint John Waterfront Development Partnership in this regard. The applicant indicates that it has undertaken significant due diligence, including the following: boreholes and soils analysis have been conducted; a study with respect to erosion control is in progress; several public bodies have been approached with respect to the significance of the World War II facilities that exist in the area; requirements for railway signals, pumping station and servicing extensions have been identified and included in project development cost estimates. Currently the physical condition of the access to the property is being assessed as well as the utility and servicing extensions that may be required. Proposed Amendments The subject site is currently designated Transportation and Open Space on Schedule 2-A of the Municipal Plan. The present zoning of the site is part ?I-2? Heavy Industrial and part ?P? Park. The applicant has proposed that the site be redesignated on the Plan to High Density Residential and rezoned to ?RM-2? High Rise Multiple Residential. The proposed amendments, if approved by Common Council, would permit the development to be undertaken, subject to any conditions that may be imposed as part of Council?s approval. The Municipal Plan?s current policies for the area between the railway and the shoreline, including the subject site, provide for a combination of port related industrial uses and waterfront open space. While this concept may have been deemed desirable and appropriate in the past, the changing nature of the port activities, as well as the experience of the negative impacts of the previous industrial use of the property (for aggregate removal) would suggest that the site would be better suited to activities that are more compatible with the West Side residential neighbourhoods. 171 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 9 475 City Line/Fort Dufferin Road January 11, 2008 The subject proposal would result in the use of the majority of the site for a residential development. While the scale of the proposed residential development (i.e. eight to ten-storey buildings) is clearly not the same as the predominant pattern of residential development in the vicinity of the site, the large size and relative isolation of the site can be considered. The proposal would result in a site density of approximately 32 to 49 units per acre (24 to 36 units per acre if the area to be conveyed to the City is included). This compares favourably even with the Municipal Plan?s policies for overall neighbourhood densities of 30 units per net residential acre for medium density residential areas. The four dwellings on the same side of the track, which would be most affected by the development, are at least 40 metres (130 feet) from the proposed location of the two nearest buildings. The small percentage of the site that will actually be occupied by buildings and structures will also contribute to a sense of open space and separation. At the same time, the proposal also includes the conveyance of all of the lands along the shore, including the area around most if not all of the remaining gun emplacements, to the City of Saint John as land for public purposes. At present this waterfront area is privately owned and, therefore, the proposal will legalize public access and facilitate possible extension of the Harbour Passage facilities in the future. As it is not part of the proposed residential development, the area to be conveyed to the City should remain in its present Open Space designation and ?P? Park zoning. The Municipal Plan amendment and rezoning of the balance of the property can, however, be recommended. Access to the Site There are a number of issues with respect to the site?s access which must be addressed and resolved prior to its development. As noted by Municipal Operations and Engineering, the site cannot currently be accessed directly from a public street due to the condition of the City Line right-of-way in front of the three houses in front of the site. Instead, the present access to the site (as well as to the fourth house in the immediate vicinity) is across the N.B. Southern Railway property between the tracks and the last houses on City Line. It would be preferable that this existing manner of accessing the site formalized and enhanced with improvements such as paving and curbing. This would have the added advantage of diverting the traffic generated by the proposed development away from the existing houses fronting on City Line. If agreement cannot be reached with the railway to upgrade and utilize the existing access, the applicant will be responsible to rebuild City Line within its right-of-way, including the installation of erosion controls. There would likely be considerable expense and technical complexity involved in this alternative. All work would need to be in conformity with detailed plans that will be subject to the approval of the Chief City Engineer or his designate. Regardless of the location of the access into the development, the portion of City Line between the railway crossing and the entrance to the site must also be upgraded in accordance with plans to be approved by the Chief City Engineer or his designate. This will also include proper 172 Hughes Surveys & Consultants Inc. (for Lambton Greens Inc.) Page 10 475 City Line/Fort Dufferin Road January 11, 2008 signalization of the railway crossing in a manner that is acceptable to Transport Canada and the railway. The applicant indicates that it has initiated this process. Site Servicing Municipal Operations and Engineering has advised that extensions to the existing piped services will be necessary, including the possible installation of a lift station, to service the property. Public utility extensions will also be required, including an easement for the existing power line that services Partridge Island. The recommended Section 39 conditions include these requirements. These services, and any upgrades to the power supply, will need to be developed in new underground facilities. Site Development As is the case with other large scale developments in the City, conditions are recommended with respect to the nature of the proposal and site development. These should include a limitation of the number of units to that being proposed by the applicant, as well as Development Officer approval of detailed site and building elevation plans to ensure a high quality development is realized. Features such as paving and curbing of driveways and parking areas, underground utilities, landscaping of all disturbed areas of the site not occupied by the buildings and parking, and preparation of a site drainage plan should be required. These are all normal requirements for new developments in the fully serviced urban areas of the City. CONCLUSION : The subject site is a large parcel of waterfront land that is somewhat isolated from the existing residential neighbourhoods of the West Side. With its panoramic views of the inner and outer harbour, it presents a significant opportunity for a high quality residential development. The present designation of a portion of the site for port-related industrial uses is not desirable and this proposal, if undertaken, will therefore result in a development that is much more compatible with the larger surrounding area. Moreover, the conveyance of the area along the shoreline to the City will open up opportunities for improved public access to the waterfront as well as preserve the remaining components of the historic military role of the site. Given the above observations, the applicant?s proposal is supported and the proposed amendments can be recommended for approval, subject to conditions dealing with use, servicing, access and site development. In addition, it is recommended that the shorefront area to be conveyed to the City be excluded from the area to be redesignated and rezoned. RGP/r Project No. 08-001 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 January 16, 2008 Your Worship and Councillors: SUBJECT:Proposed Municipal Plan Amendment and Rezoning 230 Water Street/243 Prince William Street On December 17, 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 January 15, 2008 meeting. John Rocca, representing Ellerdale Investments Ltd., attended the meeting and expressed agreement with the recommendation in the attached report. He also provided an update to the Committee with respect to the project, indicating that his company is no longer pursuing the inclusion of provincial rent-subsidized units but, rather, all of the apartments will be condominium units. As a result, subdivision of the development into two lots will no longer be required. However, there will still need to be a filed subdivision plan to vest the public street right-of- way for Water Street, as well as for the necessary easements. Mr. Rocca also responded to the concerns raised in the correspondence from the Saint John Waterfront Partnership and Uptown Saint John with regard to the loss of harbour view down Queen Street, indicating this was necessary in order to provide for the landscaped public plaza, which is a key feature of the project resulting from consultations with neighbouring property-owners. Peter Asimakos, Manager of Uptown Saint John, addressed the Committee in support of the proposed development, but indicated that the placement of the building opposite the end of Queen Street was a concern to his organization for the reasons outlined in its submitted letter. The Committee also heard from Jeffrey Munro, a property-owner on Prince William Street, who expressed support for the development as proposed, indicating that the proposed location of the plaza is currently the natural area for people to congregate and view the harbour. No other persons addressed the Committee. However, three letters were received, including the letters from the Waterfront Partnership and Uptown Saint John. Copies of the three letters are attached for Council?s information. After considering the report, letters and presentations, the Committee decided to adopt the staff recommendation. It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the amendments be given by Council. 210 Planning Advisory Committee Page 2 January 16, 2008 RECOMMENDATION : 1.That Common Council amend the Municipal Development Plan by: a) redesignating on Schedule 2-A and 2-C of the Plan, from Transportation andMedium 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; b) 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. 2.That Common Council rezone the entire parcel of land having PID No. 00006676 from ?T? Transportation and ?RM-1? Three Storey Multiple Residential to ?ID? Integrated Development. 3.That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development 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, for a mixed commercial- residential development be subject to a detailed agreement tying the development of the land to the applicant?s specific proposal and such other terms and conditions as are adopted by Common Council at the time of third reading of the proposed rezoning. Respectfully submitted, Stephen Horgan Chairman Attachments Project No. 07-002 211 DATE: JANUARY 11, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 15, 2008 Randall G. Pollock, MCIP Planner SUBJECT : Name of Applicant: City of Saint John and Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Name of Owner: City of Saint John Location: 230 Water Street/243 Prince William Street PID: 6676 Municipal Plan: Existing: Uptown Regional Centre, Transportation and Medium Density Residential Proposed: Uptown Regional Centre Zoning: Existing: ?T? Transportation and ?RM-1? Three Storey Multiple Residential Proposed: ?ID? Integrated Development Proposal: To construct a mixed commercial-residential development Type of Application: Municipal Plan Amendment, Rezoning and Subdivision JURISDICTION OF COMMITTEE : 212 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 2 230 Water Street/243 Prince William Street January 11, 2008 TheCommunity Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with respect to proposed amendments to the Municipal Development Plan and Zoning By-law. Common Council will consider the Committee?s recommendation at a public Monday, January 21, 2008 hearing on . TheAct also authorizes the Committee to advise Council on the vesting of land in the City for public street purposes in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE : 1.That Common Council amend the Municipal Development Plan by: a) redesignating 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; b) 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. 2.That Common Council rezone the entire parcel of land having PID No. 00006676 from ?T? Transportation and ?RM-1? Three Storey Multiple Residential to ?ID? Integrated Development. 3.That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development 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, for a mixed commercial-residential development be subject to a detailed agreement tying the development of the land to the applicant?s specific proposal and such other terms and conditions as are adopted by Common Council at the time of third reading of the proposed rezoning. 4.That, Common Council assent to the proposed subdivision of the parcel of land having PID No. 00006676 with respect to the proposed vesting of Parcel ?A? as a public street and any necessary municipal services easements and public utility easements. BACKGROUND : 213 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 3 230 Water Street/243 Prince William Street January 11, 2008 On April 23, 2007, Common Council resolved to sell the majority of the site to the developer, subject to obtaining satisfactory rezoning and the following additional conditions: a) a 3-metre (10-foot) wide ?buffer? no building zone be identified at the northern end of the property; b) a portion of the site adjacent to the Three Sisters Park to be retained and used in conjunction with the park design that will be mutually agreed upon by the developer and the City; c) any municipal services easements and/or public utility easements identified prior to the sale of the land; d) City staff to remove the roses and allen block retaining wall used to support the flowers. At the same time, Common Council authorized the application for rezoning of the property. The execution of the formal agreement of purchase and sale was authorized by Council at its meeting on December 3, 2007. On October 22, 2007, Common Council initiated the process to consider the proposed Municipal Plan amendment for the site in anticipation of the developer?s rezoning application, which was subsequently submitted on December 5, 2007. INPUT FROM OTHER SOURCES : Municipal Operations and Engineering advises as follows: A subdivision plan will be required to create a lot for this development. A portion of this site will become a public portion of Water Street. The southern tip of the property must be retained by the City for access to the existing retaining wall along the east side of Water Street and for the Three Sisters Park. there is a public utility easement on this property on the east side of Water Street as well as the west side of Prince William Street. Services are available on Prince William Street and Water Street and must be verified by the developer for location/capacity and pressure. Building and Technical Services has no Building Code concerns at this time based on the information currently provided. Saint John Transit advises that it currently offers service only to the foot of King Street or to the corner of St. James Street and Canterbury Street in this area. However, the Commission recognizes that if this development is undertaken, Transit would have to review its South End service to be extended to include this location. 214 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 4 230 Water Street/243 Prince William Street January 11, 2008 Saint John Energy advises that it has three-phase underground facilities in the area. An extension of facilities will be required to service the proposed development and this will be dealt with at a later date with the developer. Also, easements may be required to service the proposed development. Aliant Telecom advises that it has no issues with the proposed development and will work jointly with the developer and Saint John Energy as the development progresses. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has been advised of the proposal. Enbridge Gas N.B. has been advised of the proposal. Leisure Services has been advised of the proposal. Fire Department has been advised of the proposal. Saint John Parking Commission has been advised of the proposal. School District 8 has been advised of the proposal. ANALYSIS : Site and Neighbourhood The subject property, known as the former grain elevator site, is located at the south end of Water Street and Prince William Street on the City?s central peninsula, as illustrated on the attached location map. Since the acquisition of the property and demolition of the grain elevator several years ago, the site has been used as a public parking lot administered by the Saint John Parking Commission. The parking lot?s access is from Water Street, as Prince William Street is at a significantly higher elevation. In addition to the parking lot the southwest portion of the site is traversed by the travelled portion of Water Street as it transitions into the Lower Cove Loop. There is also a relatively large public utility easement adjacent to the sidewalk near the southerly end of the site, containing Saint John Energy infrastructure. This infrastructure will need to be relocated if the development proceeds as currently proposed. The site, including the area occupied by the travelled portion of Water Street, has an area of approximately 5640 square metres (1.4 acres) and a width of approximately 28 metres (92 feet) between the two streets. The only property that the site abuts is 221 Prince William Street, which contains an older brick commercial building with five storeys on Prince William Street and seven storeys on Water Street. On the opposite side of Prince William Street are a variety of residential buildings as well as an antique store at the southeast corner of Prince William and 215 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 5 230 Water Street/243 Prince William Street January 11, 2008 Queen, and the Saint John High School at the northeast corner. The land on the opposite side of Water Street/ Lower Cove Loop is part of the Saint John Port Authority?s facilities, beyond which is the actual harbour. Proposal The developer, Ellerdale Investments Ltd., proposes to construct a mixed commercial/residential development on the subject site. The attached proposal indicates a multi-storey building (seven storeys on Water Street and four to five storeys on Prince William Street), containing between approximately 102 and 125 dwelling units (plus a guest suite), depending on the amount of commercial space. Any commercial development will be restricted to the first, second and third floors facing Water Street (maximum of approximately 1,000 square metres or 11,000 square feet). The first two levels on Water Street will also contain indoor parking for approximately 141 vehicles. The developer is currently discussing with the Province the possibility of designating a portion of the residential units as rent-geared-to-income apartments similar to the recently-constructed Leinster Court development. From Prince William Street, (i.e. above the third level facing Water Street), the design of the building will give the appearance of it actually being two buildings with an approximately 28- metre (93-foot) gap in the middle that will be developed as a landscaped public plaza, accessible from Prince William Street (see Level 4 plan attached). The applicant indicates that this is a modification from its original concept, and was made in response to feedback received at a series of meetings with surrounding property owners. The main concern that had come out of those meetings was obstruction of view. The building height and building design with the break in the middle are results of these sessions. Other issues that were addressed included the appearance of the building façade and the location of the building on the property. The developer indicates that, should the rezoning be approved, there will continue to be meetings with various focus groups (including neighbouring property owners) to further refine the final design and appearance of the development. The northern half of the site is currently within the Uptown boundary and is designated Uptown Regional Centre by the Municipal Plan, while the southern half is designated Transportation(i.e. port and related uses) on the Water Street frontage and Medium Density Residential on the Prince William Street frontage. It is proposed that the Uptown Regional Centre plan designation and Uptown boundary be extended to cover the entire site, and that the site be rezoned to ?ID? Integrated Development. These amendments, if approved by Common Council, would permit the proposal to proceed, subject to a detailed development agreement between the City and developer. Proposed Amendments 216 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 6 230 Water Street/243 Prince William Street January 11, 2008 In conjunction with the Harbour Passage initiative, significant public investment has been made to improve pedestrian access in the waterfront area, including a pedestrian walkway that will connect the southern end of the peninsula to the main part of the Uptown and on to the Reversing Falls. Water Street itself has been redeveloped as a more pedestrian-friendly two-way street, together with subsurface infrastructure renewal. The recent Inner Harbour Land Use Study, prepared on behalf of the Saint John Waterfront Development Corporation, identifies the subject property as a key site for development, which may be a catalyst for other new developments in the area. The current division of the site into three separate Municipal Plan designations (i.e. Uptown Regional Centre,Transportation, and Medium Density Residential), as well as the current split in zoning of the site as half ?T? Transportation and half ?RM-1? Three Storey Multiple Residential has long been recognized as not conducive to the undertaking of a unified development on the site. The applicant?s proposal to develop this mixed residential/commercial project on the site fits well with the surrounding uses, providing a transition between the more exclusively residential neighbourhood to the east and the port related activities along the water?s edge. Moreover, the proposal is also consistent with the major goal of both the Uptown Strategy and the Central Peninsula Neighbourhood Plan to provide for increased population on the peninsula. The additional population, in turn, benefits Uptown businesses and other community facilities. While the proposed use of the site is considered desirable and can be supported, the details of how the site is proposed to be developed must be considered carefully. A detailed development agreement, pursuant to Section 39 of the Community Planning Act, will be required. The major issues to be covered by the agreement are discussed below. Visual Appearance and Design Considerations As noted previously, the applicant has been working with neighbouring residents to arrive at a suitable development, and the present proposal is the result of those consultations. The proposal has also been reviewed by Planning and Development?s heritage development branch, recognizing its location just outside of the Trinity Royal preservation area. The following observations are relevant and in some cases will result in minor modifications to the final approved proposal. These points will need to be considered as part of the detailed development agreement between the proponent and the City. However, the provisions should include sufficient flexibility to make minor changes. Height and Setbacks Although the proposed development is higher than the residential buildings on the eastern side of Prince William Street, the proposed height is similar to that of the buildings most proximate and on the same side of the street (including the adjacent building at 221 Prince William). It should also be noted that the site previously contained a grain elevator for many years, which was 217 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 7 230 Water Street/243 Prince William Street January 11, 2008 significantly higher than the present proposed structure but, at the same time, did not occupy as much frontage of the site. The proposed setbacks of the building from the street lines are consistent with the traditional pattern of development in the older areas of the City and are therefore appropriate. However, it should be noted that some of the balconies on the upper levels of the Water Street frontage appear to overhang the street right-of-way (see attached Level 3, 4, 5, 6 and 7 floor plans). The dimensions of the building/individual units will need to be adjusted in this area in order to eliminate these encroachments. As required in the agreement of purchase and sale between the City and developer, the proposal incorporates the required 3-metre (10-foot) setback along the northerly side lot line. Massing and Prominence of Entry The proposed façades are articulated to break up the mass of the development and provide the appearance of a number of smaller contiguous buildings. The provision of a view corridor between the two main parts of the building assists in this regard. The entries to the buildings are also well-defined. Façade Opening/Wall Ratio The proposed ratio of window to wall is higher than in nearby heritage buildings. However, this may be required to ensure sufficient light into the individual units given the ?double loaded corridor? design concept. As noted above, this proposal is not in the preservation area and this component of the proposal is not seen to adversely impact the adjacent heritage structures. Roof The proposed roof has the appearance of a simplified mansard roof. The choice of rib profile will be key to determining its success, and this should be addressed in the final design. In addition, while the proposed dormer may contribute to the building being of its own time, it does not recognize and contribute to a Saint John ?sense of place?. A more traditional dormer form merits consideration. A further consideration is the height of the roof structure, which appears to be at least a full storey high. Except for a minimal number of ?port hole? dormers, it appears that the roof is not used except perhaps for mechanical spaces. Traditionally a mansard roof provided habitable space within the roof structure, which reduces the apparent height of the building. This technique was used for the Leinster Court development and could possibly be effectively used in this development. Materials and Detailing 218 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 8 230 Water Street/243 Prince William Street January 11, 2008 A significant determinant to the success of the proposed project is the choice of materials and their detailing. The proposed pallet of materials (pre-cast with stone finish) for walls, sills, etc., can provide an effective foil to the materials found on buildings in the heritage conservation areas, provided that they are well detailed in a manner that provides the appearance of traditional materials and detailing. It is unclear from the elevations what materials are used on the upper floor levels of the Water Street elevations. It appears that the materials may be primarily glass. Given that this is on the side of the building facing away from the heritage area, this may not be an issue. However, further details and clarification are required. Variety of Permitted Commercial Uses As the proposal is to rezone the site to ?ID? Integrated Development, the required Section 39 agreement will need to describe or show the nature of the non-residential uses that would be permitted. It is anticipated that the commercial component, if any, would most likely be offices and possibly minor retail and service establishments. Provided that the commercial uses are restricted to the lower three levels on the Water Street frontage, it can be recommended that the agreement provide for the same range of uses as permitted in a ?B-3? Central Business zone, subject to applicable ?conditions of use? for that zone. This would permit some flexibility while preventing the establishment of, for example, a lounge (due to the proximity to a residential zone). Any signage for the commercial uses should also be tied to the ?B-3? Central Business standard for signs. Parking As noted previously in this report, the submitted proposal includes indoor parking for approximately 141 vehicles on the first and second floors. It should be noted that five of the parking spaces on Level 1 and five on Level 2 (total of ten spaces) are not directly adjacent to a manoeuvring area, leaving only 131 spaces that are fully accessible at all times. However, the parking requirement for a building of this size, if all residential, would be only 113 spaces, calculated at the ?B-3? Central Business or ?RM-3? Central Area Multiple Residential standard of 0.9 spaces per unit. The parking requirement for a mix of residential and commercial would depend on the amount and nature of the commercial use. For example, if all of the space on Level 1 and Level 2 is developed as office and/or retail space, then the total parking requirement (?B-3? Central Business standard) would be 115 spaces (104 spaces for the 116 apartments and 11 spaces for the office/retail area. Based on this analysis, it would appear that the proposed amount of parking will be sufficient for the development. Public Amenity Space and Views The redevelopment of the subject site will necessarily result in considerable loss of distant panoramic views for the properties on the opposite side of Prince William Street, as well as the replacement of the view down Queen Street toward the port facilities and pulp mill with a view 219 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 9 230 Water Street/243 Prince William Street January 11, 2008 of the façade of the new building. The developer has been responsive to concerns in this regard by consulting with the affected property-owners and revising the proposal accordingly. The approximately 800-square-metre (8,400-square-foot) landscaped plaza area between the two ?towers? is a key result of the consultation process and will be a significant feature of the project. While this open space area will technically be part of the development property, it is also intended that it function as an urban public space accessible to persons other than residents of the complex, providing a lookout point over the harbour. In addition, the present Three Sisters Park will be expanded and upgraded with additional landscaping to make it more attractive and useable. Discussions with the developer are taking place with regard to the division of responsibilities for the initial improvements, as well as for the ongoing maintenance of both of these spaces, and will be incorporated into the required development agreement. Services and Utilities The comments provided by Saint John Energy and Municipal Operations and Engineering indicate that services are available to the site; however the developer is responsible to ensure that the capacities are sufficient for its needs. With regard to power and communication facilities, underground facilities exist in the area and any required extensions will also be required to be underground. There will also be a need to relocate Saint John Energy?s facilities that are located within the existing easement adjacent to Water Street, and this would be at the developer?s expense. In the event that the relocation is not feasible due to financial or physical constraints, a modification to the footprint and layout of the building in the area of the existing easement will be necessary. Subdivision of the Site A lot will be created from a portion of the subject site that will be conveyed to the developer for the proposed project. The applicant indicates that the new lot may be further subdivided into two smaller lots for the purposes of financing of the project and has submitted a tentative plan in this regard. The remainder of the site, which is occupied by the travelled portion of Water Street, will vest in the City as a public street upon filing of the subdivision plan. A Committee recommendation and Common Council assent to the subdivision plan in this regard is required. Assent to any required municipal services easements and public utility easements is also included in the recommendation. CONCLUSION : The subject property is a high-profile location that has been identified as a key redevelopment opportunity in conjunction with the rejuvenation of the waterfront and central peninsula. The proposed use of the property for residential and, possibly, some commercial development (restricted to the lower levels facing Water Street) is in keeping with the goal of the City to provide for increased population in this area of the City, with its attendant spin-off benefits. The developer has worked with both City staff and neighbouring property-owners in preparing the 220 Hughes Surveys & Consultants Inc. (for Ellerdale Investments Ltd.) Page 10 230 Water Street/243 Prince William Street January 11, 2008 present proposal, which should result in a high-quality project that includes both private and public space and reflects the needs of the community. Details of the development, including responsibility for construction and maintenance of the public components, as well as the design and exterior finishes of the building, will be set out in a development agreement to be adopted pursuant to Section 39 of the Community Planning Act by Common Council at the time of third reading of the proposed rezoning. RGP/r Project No. 08-002 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 M & C 2008 - 06 th January 17, 2008 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: WSCS INTER NOW ONTROL ERVICES Snow control services are equipment intensive and costly to deliver. While Mother Nature can quickly alter the urban landscape, both in giving us snow/ice or taking it away, the municipality must expend substantial resources to keep the community functional through the months of winter. For example, during the 10 days from December thth 27 to January 5, snow control costs exceeded $420,000*. Winter snow control (snow and ice storms) involve the largest, most costly operations undertaken by the City. The challenge for the City lies in providing an adequate and reliable quality of service to its network of streets and sidewalks during the unpredictable months of winter ? across all service areas. In doing so, all (citizens, businesses, decision-makers, service providers and staff) must understand the realities of winter weather, the limits of human capabilities and the costs associated with alleviating the effects of winter. PR URPOSE OF EPORT The purpose of this report is to review five factors that affect winter street and sidewalk services, and to propose measures to enhance quality and management of those services. It also follows up on a Council referral (Councillor Chang?s letter) and an earlier report. NC EEDS OF THE OMMUNITY The underlying goal of winter operations must be high quality, well managed services; services that respond to the needs of the community. Dealing effectively with winter in an urban setting requires an understanding of what the season brings, building on the strengths of current operations, and always being open to better or alternative methods of service delivery. Individual citizens, businesses and property owners have an essential part to play in making Saint John a liveable winter city. As service expectations have to be clear and performance diligently managed, private individuals and companies need also to be accountable. The City of Saint John cannot do everything. The community?s winter plan should be one that involves all stakeholders ? towards improving conditions for the community as a whole. Saint John Works ? for people! 300 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 2 SCP NOWONTROL RINCIPLES Certain guiding principles have been established for snow control operations. These have been reviewed and we offer the following going forward: Public safety foremost. Winter services that make Saint John a liveable winter city. Diligent preparation of plan, people, equipment, hired resources and materials. Appreciation of winter realities and the effects of often erratic weather. Quality service based on clear, commonly understood objectives and constraints. Central coordination to assure high service standards and best use of resources. Resources carefully managed over the entire season; winter services are costly. B ACKGROUND Winter weather poses serious public safety hazards. Saint John regularly experiences snow, freezing rain, icy conditions, rain, ice build-up, and fluctuating temperatures. Poor visibility, slippery streets and sidewalks, narrowed travel lanes, reduced parking space, snow accumulations on public rights of way ? are all encountered during a typical winter. Snow and Ice Control Plan The challenges and risks associated with winter weather are accentuated by our naturally hilly terrain and variable climate. Freeze/thaw cycles are frequent and storms often occur with a combination of snow, freezing rain and rain in rapid succession. Successfully dealing with such conditions and minimizing their impact for motorists and pedestrians calls for extensive planning - to coordinate preparations, allocation of available resources, and fine tuning of response protocols and priorities. A comprehensive, well rehearsed ?contingency plan? guides winter service activities. TheSnow and Ice Control Plan becomes the primary service guide for st Public Works by November 1 of each year. Construction and maintenance activities are curtailed, equipment is reconfigured and prepared for winter operations, inventories of winter materials stockpiled, hired resources put on notice and personnel readied. Saint John Works ? for people! 301 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 3 Snow Control Streets The street inventory is organized into 30 separate plow routes covering all City streets. A combination of heavy trucks, front end loaders and graders are rigged with front and wing plows to service these routes, supported by several small trucks for narrow streets and dead ends. Streets are organized within each route on a priority basis ? Priority 1 (heavily travelled arterials) to Priority 4 (least travelled local lanes); a sample is attached. Street operations are organized around six teams, three each on alternate 10-hour shifts. Plowing operations are complimented by the very critical salting and sanding fleet (12 heavy double or single axle dump trucks rigged with a spreader and front plow). Snow Control Sidewalks Winter sidewalk services are organized into 16 separate routes, serviced by small, specialized pieces of equipment that are rigged with plows or snow blowers and salt/sand spreaders. These are supported by a specially designed dump truck that delivers salt and sand to units in the field. Sidewalk operations are carried out by one team, under a single supervisor, with a regular 8-hour shift schedule (Monday to Friday). As with street operations, snow storm events generally involve considerable work outside of normal business hours - overtime. A NALYSIS Winter services cannot change the realities of the season; they can only mitigate its effects. Pedestrian and vehicle movement will be more difficult, all citizens will be to some extent inconvenienced and the municipality will incur unavoidable costs. Five Factors for Review Snow removal Blocking of sidewalks On-street parking Performance Public engagement Snow Removal Snow build-up takes up space, freezes into ice, creates a water source for ice, and is an obstruction. The greater the accumulation the more problematic winter conditions become. Removal of snow (blown away, or picked up and trucked away) significantly improves street and sidewalk conditions. However, the activity is resource and energy intensive, with snow dumps difficult to locate (for environmental reasons). Saint John Works ? for people! 302 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 4 Snow removal is an essential part of every urban snow control strategy. Notwithstanding the high cost of removal, a built-up community needs to plan for and remove snow from specified areas. Typically, these would be business districts, bus stops, narrow streets, areas around schools and major public facilities. Priorities for snow removal operations focus on the following areas: Public streets fronting schools where buses drop off and collect children; Major bus stops; Identified areas that are restrictive to disabled members of our community; Public streets fronting major residential complexes for seniors; Specified streets in urban commercial areas such as the uptown and others; Public streets fronting major public facilities (e.g. Imperial Theatre); At specified intersections and other well used crosswalks; and Others as determined through public input and Council direction. The primary hauling resources for these activities are tandem trucks and tractor-trailer dumps hired, as needed, from the private sector. Hired trucks make sense for several reasons. The equipment is designed specifically for hauling material, with satisfactory carrying capacity. The use of as-required rentals gives us removal capacity (without the associated overhead) and allows City plow units to remain committed to their primary purpose - plowing and push-back. It is also generally more economical to utilize rental trucks during overtime operations, particularly when internal resources are fully taxed. City Works trucks are dedicated primarily to plowing and salting/sanding, and should not be redirected from those activities. Time also needs to be scheduled for necessary servicing of plow units so that readiness levels are kept as high as possible. Blocking of Sidewalks The cooperation of citizens and business owners is very important to service effectiveness; a special thank you is extended to all those who make a positive difference. Owners and residents are asked to clear the sidewalks fronting their properties and to make every effort to ensure those walkways and fire hydrants are kept clear of snow. Unfortunately, a lack of cooperation from many property owners and/or the people they hire to plow their lots and driveways makes servicing sidewalks unduly difficult. Large piles of snow and frozen windrows left across sidewalks are barriers for plowing equipment, at times insurmountable ones. The added burden of these obstructions slows productivity of service and adds otherwise avoidable costs to its delivery. By-law provisions need to be emphasized and enforced. Saint John Works ? for people! 303 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 5 Section 20 of the Saint John Traffic By-Law states the following: ?No person shall place snow or ice upon any street, sidewalk or square in such a manner that impedes or is likely to impede the movement of traffic or pedestrians thereon.? This very practical by-law provision needs to be respected. Staff will be designating people to identify problem areas, speak with the property owners concerned and, as required, pursue enforcement action. The effectiveness of winter services depends on citizens, community groups, businesses and property owners working with civic leaders and service providers to accomplish the overriding objective of making Saint John the most liveable winter city possible. We all want the same end; we mustallwork together to overcome conditions that can be, at times, unforgiving. On-Street Parking On-street parking has been a curse to snow clearance and safe traffic movement in Saint John for as long as anyone can remember. That should not have to be. Many communities across Canada have clear and practical provisions concerning parking on streets during the winter season. For example, a sister city has the following section in its Traffic By-Law: (5) No person shall stop, stand or park a motor vehicle: (a)On any street between the hours of 12:00 midnight and 7:00 am from stth December 1 to April 15; (b)On any street or portion of street when the City Engineer has authorized its closure for Snow and Ice Control Operations. (6) The provisions of sub section (5) are enacted for the purpose of snow removal. (7) Notwithstanding any other provision of this by-law, where a vehicle is parked or left standing on any street, contrary to the provisions of sub section (5) herein, and in such a manner that it interferes with or obstructs snow removal operations, a peace officer may cause such vehicle to be moved or towed at the owner?s expense. Yes, Saint John has unique parking challenges; however, these do not apply across the entire community. In most neighbourhoods we are similar to cities across the country. Saint John Works ? for people! 304 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 6 We have looked at the matter of on-street parking from the perspective of the 30 street snow control routes in the Snow Plan. A cursory review of neighbourhoods and streets suggests that on-street parking should not be considered an issue for most areas of the city. That is not to say that people don?t park their vehicles on those streets or that there would not be a certain degree of inconvenience for the people who now do so. Most residential sub-divisions should have adequate access to private space off the street for parking. It is reasonable to expect vehicle and property owners to make necessary arrangements for their parking, not the City of Saint John. The community, pedestrians and motorists generally, should not suffer adverse winter consequences nor should taxpayers incur avoidable costs because of parking. Is it appropriate that someone uses a street in Champlain Heights to park a privately owned RV bus over the winter? Parking issues can be broken down (across the 30 snow control routes) as follows: On-street parking should not be an issue: 22 routes (73.3%) South Central parking ban provisions in effect 3 routes (10.0%) Parking issues need focused attention 5 routes (16.7%) These numbers suggest that less than 17% of the street system needs particular attention with respect to on-street parking. In fact, when one considers the structure of snow control routes, it is fair to conclude that the actual percentage is much smaller. Suggested Approach We propose the following general strategy for winter parking: Acknowledge that the parking of private vehicles is a private responsibility. Recognize that on-street parking during the winter months is a serious impediment to the effective and efficient delivery of snow control services, resulting in unacceptable street conditions and avoidable costs to taxpayers. Keep the City?s administration of on-street parking as broad-based and as straight forward as possible; focusing on the exceptions that need attention. Adopt as a general principle that on-street parking will not be permitted to interfere with the effective delivery of snow control services. Identify areas and streets that warrant special consideration (for the short term only) and adopt special provisions for those streets (e.g. the temporary overnight parking bans in the South Central Peninsula). Pursue long-term community planning and engineering solutions for the dearth of off-street parking in some areas of the city. Understand that some vehicle owners will be inconvenienced. Saint John Works ? for people! 305 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 7 A general by-law provision should be developed that would prohibit overnight on-street stth parking between December 1 to April 15 of each year, with special consideration given to designated neighbourhoods and streets. Those provisions could be similar in some respects to the system currently in place for the South Central Peninsula. Areas identified as being in this ?special? group are: South Central Peninsula Old North End Douglas Avenue Lower West Side Parts of Lancaster Avenue and several narrow side streets Rockwood Court, Wright Street and area All other streets, in all other areas of the community, need to be recognized as parking- free zones during winter snow control operations. Although the South Central system (parking permits, alternate-side parking and temporary overnight snow bans) is a model that offers some guidance for these ?special? areas, it is also one that is costly, procedurally cumbersome and not without challenges. Going back to the notion of citizens sharing in making Saint John a liveable winter city, greater onus needs to be put on vehicle owners and their landlords. Municipal streets should not be considered as guaranteed parking places. Staff and agencies like the Parking Commission would work with neighbourhoods to identify possible alternative ?storm? parking locations (where these are practical and involve minimal cost) and otherwise develop ideas to minimize difficulties associated with on-street parking. This must include an on-going dialogue with Community Planning and Development. Performance Response to winter storms is based on service needs, priorities and time requirements; plows cannot be everywhere at the same time. Set levels of people, equipment and other resources must combat winter conditions that can vary widely in terms of type, intensity and duration. People who reside along lower priority streets will have to wait longer for service. In the end, however, the quality of the service they receive must be adequate. The central focus of all service delivery employees must be on the quality, effectiveness and efficiency of the services they provide for our public. ?Other considerations? cannot interfere with the focus of the community coming first. Determined leadership is critical to engendering a mindset of excellence in everything we do. Leadership will be challenged to prepare and motivate staff, making individual operators personally accountable for their snow control route and care of their equipment. Saint John Works ? for people! 306 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 8 In conjunction with the Vision 2015 development of new service profiles for all services, the winter sidewalk and street services will have clear performance objectives defined and an ongoing system of measurement and reporting to test performance against attainment of those goals. What is the level of service actually being provided? Public Engagement Winter services are relied on by the public. These are also services delivered under, often, very difficult conditions. City operations must ?connect? with their public, and vice versa. While the public needs to appreciate the challenges associated with service delivery, staff needs to know where that service is effective and where it is not. The exchange of information with the public is vitally important. Staff is working on a public information model for snow control operations that provides regular weather and operational updates, with a designated spokesperson always available to the media. Additional staff is also assigned to taking calls from the public and relaying priority concerns to supervisors in the field. A feature, particularly important to the winter sidewalk service, is an experienced field supervisor (with support staff) dedicated to ?connecting? with citizens, business owners and snow plow operators who might be inclined to push or dump snow onto sidewalks and streets. Exposure to liability is an unfortunate reality of municipal service delivery; careful attention must be paid to the service parameters set out in the Snow Plan. The City?s liability exposure is reduced when the plan is followed and service delivery is consistent. A particular focus will be given to notifying (or at least attempting to do so) those people whose vehicles are impeding snow control operations. Our goal is to work with people in delivery these very necessary services. IOS NPUT FROM THEROURCES We value all feedback and requests received from the public. I F INANCIAL MPLICATIONS The cost of winter snow services cannot be accurately predicted. If Council insisted that budgets be rigidly set, the quality of service possible would be determined by winter conditions that vary from one year to the next. Our understanding is that Council and the public want good quality, well managed winter services. Guided by this requirement, service costs will be largely determined by the demand, the need to deal with conditions; for example, the degree of icing to control and the amount of snow to remove. Saint John Works ? for people! 307 th Winter Snow Control Services January 17, 2008 Report to Common Council, M&C 2008-06 Page 9 Winter operations are very costly and, as such, service delivery must be astutely managed; overtime costs controlled, removal operations prioritized and equipment allocation strategic. TV2015 OWARDS ISION Positive Energy Success demands clear and common objectives, an understanding of the realities and challenges, and diligent preparation - with all energies aligned. R ECOMMENDATION It is recommended that Common Council: Recognize prioritized snow removal as an essential part of the snow and ice control strategy; Reiterate the importance of Section 20 of the Saint John Traffic By-Law which states that no person shall place snow or ice upon any street, sidewalk or square in such a manner that impedes or is likely to impede the movement of traffic or pedestrians thereon; Adopt the 7-point general strategy for winter parking as identified on page 6 of this report and direct staff to work with the City Solicitor to develop appropriate by-law provisions and operating procedures; Restate commitment to the Vision 2015 service refinement process and the essential focus on quality, effectiveness and efficiency (performance) in the provision of all services provided for our public; Emphasize the importance of public engagement and working with the City to improve the delivery of winter services to the community as a whole; and Ask the public and neighbourhood groups to dialogue with staff towards improving the community?s effort to make Saint John a liveable winter city. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. 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