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2008-10-14_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, October 14, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Board Room City Hall 1. Ward Meetings 1.1(a) Employment Matter 10.2(4)(b,j) 1.1(b) Employment Matter 10.2(4)(b,j) 1.2 Employment Matter 10.2(4)(j) 13 Property Matter 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. 2. Approval of Minutes 2.1 Minutes of September 29, 2008 Meeting 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Budget Submission for Cherry Brook Zoo (Recommendation: Refer to City Manager for Budget Deliberations) 5.2 GLC Realty Limited re Prince William Street Upgrades (Recommendation: Refer to City Manager) 5.3 Resignation Letter from N.A. Britton Police Commission (Recommendation: Refer to Nominating Committee) 5.4 Saint John Board of Trade Letter to Premier (Recommendation: Receive for information) 5.5 River Road Community Alliance request to present (Recommendation: Refer to Clerk to schedule) 5.6 Proposed Public Hearing Dates 430 Prince St (Recommendation in report) 5.7 Minister Jack Keir Request to Present (Recommendation: Refer to Clerk to Schedule) 5.8 Lease Renewal of Space City Market Java Moose (Recommendation in Report) 5.9 Greater Saint John Sustainability Initiative Consultant Contract (Recommendation in Report) 5.10 Historic Places Initiative Canadian Register of Historic Places (Recommendation in Report) 5. 11 Latimer Lake and Spruce Lake Water Treatment Facilities - Electrical, Mechanical and Architectural Upgrades (Recommendation: Receive for Information) 5.12 Rothesay Rd Route 100 Colony Road to Fulton Lane Rd Reconstruction (Recommendation in Report) 5.13 Public Information Session Princess st Watermain, Sanitary and Storm Sewer (Recommendation: Receive for Infomation) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Key Industries Presentation 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Section 39 Amendment 4207 Loch Lomond Rd 9.1(b) Planning Advisory Committee Recommending Denial of Section 39 Amendment 9.1(c) Letter of Opposition Proposed Zoning 9.2(a) Proposed Zoning By Law Amendment 461 Millidge Ave 9.2(b) Planning Advisory Committee Recommending Denial of Proposed Rezoning 461 Millidge Ave 93(a) Proposed Zoning By Law Amendment 341 Ashburn Rd 93(b) Planning Advisory Committee Recommending 9.4(a) Proposed Zoning By Law Amendment 299 Norris Rd 9.4(b) Planning Advisory Committee Recommending to Withdraw Application 10. Consideration of By -laws 10.1 Third Reading Zoning By Law Amendment 861 -891 Fairville Blvd 10.2 Third Reading Traffic By Law Amendment 10.3 Proposed Municipal Plan Amendment 435 Boars Head Road 11. Submissions by Council Members 11.1 Council Policies (Councillor Titus) 11.2 Discussion on Referring Motions (Councillor Farren) 113 Update on Garbage Collection System (Councillor Farren) 11.4 Splash Park for Dominion Park(Councillor Farren) 11.5 Speed Limit on Heather Way (Councillor Mott) 11.6 Saint John Harbour Clean -Up Progress Report (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 Land Banking 12.2 Viability of the Current Municipal Plan 12.3 Building Canada Fund Application 13. Committee Reports 13.1 Police Force 2008 Operating Budget August YTD 13.2 2007 Annual Report City of Saint John Pension Plan (Tabled from August 18, 2008) 133 Letter from Pension Plan Board of Trustees Regarding Mandatory Retirement 2 13.4 Planning Advisory Committee Recommending Fundy Bay Holdings Limited Subdivision 475 Latimore Lake Rd 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 94-31 COMMON COLMUCONSOL CON ILA AL September 29, 2OWLe 29 septembre 2008 • c• a •- 29, 2008 . 11 la's Ivan Court, Nbyor Deputy Nbyor Chase and Councillors, Farren, NIlen, Hggins, McGuire, Mott, SYiook, Sullivan and Titus I T. Totten, aty Nbrnager; J. Nugent, aty Solicitor, C.Craham Corrptrdler of Firnarnce; B. Kam, Engineering Nbrnager; K Forrest, Camissianer of Planning and Development; W EdAards, Comrisaoner of Buildings and Inspection Services; B. Reid, Deputy Chef of Polioe, R Simonds, Fire Chief; E Gamey, Cam-ion aerk and J. Taylor, Assistant CwTnon aerk. Sant presents: Ivan Court, n-dre le n-dre suppleant Chase et les oonseillers Farren, NIIeR Hggins, McGuire, Nbtt, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocet m nidpal; C. Graham, oarrrissaireauxfinarnces; B. Kin, directeu-de I'ingerierie; K Forrest, oam issaire a I'urbanisrre et au db\(doppen ent; W EdAards, oarrrissaire aux services dinspedion et des batirrents, B. Reid, dnef de police a4cirnt; R Snmrids, dnef du seNoe dirnendie, ainsi que E Go ley, greffiere oarr wde et J. Taylor, g-effier Caro- l adjart. 1. Call To Order —Prayer Maya Court called the mmeting to order and Reverend Corey of the Tdrity Church offered the opening prayer. 1. CXwerture de la seance, suvie de la prime La seance est ouverte par le n-dre Court. Le pasteur Corey, de 1'eglise Tdrity, recite la pdere dowerture. 2 Approval of MimAm C)n motion of Councillor Titus Seconded by Councillor McGuire RESCLAED that the n inutes of the meeting of Comm Council, held on SVerrber 15, 2008, be approved. Question being taken, the motion was carried Proposition du conseiller Titus Appcyee par le conseiller Mire RESC LU que le prooes- verbal de la seance du Conseil carrnnal, tern ie le 15 septerrbre 2008, sat approve. 94-32 COMM0N OOLMUCONSOL COMMLAVAL September 29, 200SU 29 septembre 2008 Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the agenda of this neeting be approved vvith the addition of items 11.14 Letter to Master Landry (Maya Cwt); 11. 15 Letter to Premier Graham regarding brie Middle School (Mayor Cwt): 11:16 Letter to Pren ier Grahamvvith respect to the Forrest Industry, 13.4 Management Employees Salary Increase; 13.5 Report from City Solicitor Re: Allan A VVIliarrs -60 inch pipeline; and 13.6 Deed of Gift — Dtxnsvvick Pipeline. Question being taken, the oration was carried EN. . .. - . Proposition du conseiller Titus Appuyee par le conseiller McGAre RESCLU que I'acie du jour de la presente reunion sat adolotb, moyennant I'lout des points 11. 14, Lettre au miristre Landry (n ore Cart), 11.15, Lettre au premier n iristre Graham c axanant I'eoole intem>rdiaire brie (n ore Court), 11. 16, Lettre au premier ministre Graham ayaht trait a l lndustde faestiere, 13.4, Augn-entatian salariale des cadres, 13.5, Rapport de I'avocat nunicpal ayant trait a Allan A VVIlia -s — canalisation de 60 po et 13.6, Ccntrat de donation — &unsvvick Pipeline. A Tissue du vote, la proposition est adolotee. 4. Disclosures of Conflict of Interest 4. Divulgations de corflits dirrterets 5. Consent Agenda 5.1 That the letter from Saint John VV:terfrart Development regarding the purchase of property be referred to the City Manager. 5.2 That the letter from Saint John Theatre Conpany requesting to present at Council be referred to the Clerk to sdned Ae. 5.3 That the letter from St. Joseph's Parish requesting to present be referred to the Clerk to schedule. 5.4 That the letter from Saint John Aninel Rescue League requesting to present be referred to the Clerk to schedule. 5.5 That the letter from Inperial Theatre requesting funding be referred to the Qty Manager for budget deliberations. 5.6 That as reconTnencled by the City Manager, the tender in the annouht of $29,500 plus tax, for the labour and materials to re -point nesanry at Fire Station NuTber 6 on Nrrg Street West be amrded to Fundy Masonry Limited Inc. 5.7 That as recorrnpnded by the City MarhW. 1. The City of Sault John consent to the Assigr rant of Lease of Space for Steil A from 628926 toS.KY Jecn Inc.; and 2. That the mayor and Common Clerk be authorized to execute such docurnantation (as rrey be approved by the City Solicitor) to give effect to the hereinabove given consent. 5.8 That as reconTnencled by the City Manager, Cam-on Cardl approve Residential Infrastructure Assistance for #52 North Star Holdings Limited for the development of 70 lots for duelling units in the Lake,nood SLbdivisicn vvith an estimated expenditue of $420,000. 5.9 That as recon railed by the City Manager: 94-33 COMMON COLMUCONSOL CON ILA AL September 29, 2008/Le 29 septembre 2008 1. The City of Saint John sell its interest in Parcels `A" and "B', as identified on a submitted plan titled, "City of Saint John, GLC Realty United and NJP Developments Ltd. Subdivision ", also identified as being portions of RD Nurrbers 55189245 and 55189252, subject to a mmicipal services easerrent slam on said plan, to NJP Developments Ltd. for the sum of $3,894 plus HST; and NJP Developments Ltd. vvill convey to The City of Saint John, its interest in Parcel "E', also identified as RD Nurber 55187041, also slam on the aforaTe tioned plan for $1, plus HS.T., if applicable, on or before Noverrber 14,2M&, and 2. As part of the above rioted land exdwges, NJP Developments Ltd. is responsible for the preparation and payment of any sixvey /subdivision Pans required to facilitate the aforementioned land exdnanges vvith The City of Seim John; and a The Mayor and cmTrm Clerk be authorized to sign any documents required to finalizethe sale. 5.10 That as recmTrended by the City Manager, the purchase and sale agreerrent betv%een the City of Saint John and Clear McNMcbile Homes Ltd respecting the City sale of property having RD Nurrber 53025, 672 -675 Ashburn Road be an-ended to extend the dosing date to November 30, 2008; and further that the Maya' and Common Clerk are hereby authorized to execute the requred an endment. 5.11 That as recon n aided by the City Nbnager, Comm Council schedule the public hearings for the rezoning and Section 39 a nench -ent applications of Local Union 502,25 Nveanis Court, Chris Legault and Jonathan Sabean,106 Spar Cove Road, Saint John Deaf and Hard of Hearing Services Inc. 324 Duke Street V\bst and The Reza Group, 951 -961 Fedrville Boulevard, for Mxxby, October 27, 2008 at 7.00 p. m in the Council Charrber, and refer the applications to the Planning Advisory Carrrittee for report and recon n a- dation. 5.12 That as rec on n aided by the City Nbnager, the report on Proposal Calls for Land along Sandy Font Road be received for infom'tion. 5.13 That as rec onTna ded by the City Nbnager, Contract No. 2008 -25, Constriction of V\btershed Protection Facilities Fhase 111 be warded to the loNtenderer, L Halpin Excavating United, at the tendered price of $143,694.19 as calculated based upon estimated quantities, and further that the Mayor and CanTm Clerk be authorized to execute the necessary contract documents. 5.14 That as recorrnended by the City Manager, The City of Saint John consent to the sublease Trade as of June 24, 2008, betvxeen Lily Lake Pavilion Inc. as Landlord and Yennah's Daytripping Cutdoor Adventures Inc as Tenant, and that the Mayor and Common Clerk execute such consent on behalf of the City. On motion of Councillor Titus Seconded by Councillor McGuire RESCUED that the recomnrenclation set out for 7-FT-i consent agencla item respectimely be adopted. Question being taken, the rnction was r. -• 5. Questions s• - .t• ••: • du conseil 5.1 Que la Iettre du Partenariat dantriagerrent du secteur riverain de Saint John coneernant I'achat dune propriete sat transmse au cirecteur general. 5.2 Que la Iettre de damxb scup ise par la Conpagnie theatrale de Saint John, visant a faire une presentation devant le conseil, sat transn ise a la geffiiere pour qu'elle fixe une date de presentation. 5.3 Que la Iettre de damxb scup ise par la parasse St. Joseph's, visant a faire une presentation deviant le conseil, sat transn ise a la greffiere pour gUelle fixe une date de presentation. 5.4 Que la Iettre de damxb scumise par la ooalition secaxs anin -d Saint John, visant a faire une presentation devant le Conseil, sat transn ise a la geffiiere pour qu'elle 94-34 COMMON ©OLMUCONSBL CANNLAVAL September 29, 200SU 29 septembre 2008 fixe une date cle presentation. 5.5 Cue la lettre de clerr ande de financerr ent du theatre In perial sat transrrise au cirecteur general aux fins cle deliberations tx iclgetaires. 5.6 Que, oam-e le reoarrr encte le cirecteur general, la sounission cle Fundy Masonry United Inc., au montant cle 29 500 $, taxes en sus, relative a la rrain -d'oa me et aux rret6naux n6cessaires au rejanterrent de nmgm rie de la casarie de pon piers n° 6, sat ac ceptee. 5.7 Cue, cor m-e le reoarrr encle le drecteur general 1. The City of Saint John dome son consenter ent a la cession de bail de I'etal A, afin que le ocrrtrat cle location passe de 628925 a S. KY Jew Inc.; 2. le n dre et la geffiere eomunale scent autorises a signer toute documentation (avec I'approbatio n de I'avocat n- Lnidpal) afin de darner force au eonsenterrent susrrentionne. 5.8 Cue, cor m-e le reoarrr encle le cirecteur general, le Conseil cmTm- l apprcuve la clarande n° 52 de North Star Holdings United visant I'anbnagen ent de 70 lots aux fins cle loges ents dens le lotisserrent Lakmood, clans le cadre du programme daide a I'irfrastructrxe rdsidentielle, dont les depenses prea.es s'elevent a 420 000 $. 5.9 Que, cor m-e le reoarrr encle le drecteur general : 1. The City of Saint Jdnn vende a NJP Developments Ltd. son intent clans les parcelles «A» et « B >>, cldin itees sLr le plan presente intitU6 «City of Saint John, GLC Realty United and NJP De✓elopmants Ltd. Subdivision» (lotissenent GLC Realty United et NJP Developments Ltd), egdemant incites com-e etant use portion des NID 55189245 et 55189252, sous reserve dune servitude auxfins de services mmicipaux indiquee sLr ledit plan, po,r la somrre de 3 894 $, TVH en sus; et que NJP Developments Ltd. transfere au plus tard le 14 noverrbre 2008 a The City of Saint John, po,r la some de 1$, TVH en sus (le cas edneant), son intent clans la parcelle « E> , incite sous le NID 55187041 et cldin itee egalerrent sLr le plan susrrentiome; 2. clans le cadre de I'ednange de terrains susrrentiornes, NJP Developments Ltd. sat responsable cle la preparation et du paiemfnt de tout plan darpentage/lotisserrent regLjs pour faciliter I'echange des terrains susrrentiomes avec The City of Saint John; ale n dre et la geffiere eom runale scent autaises a signer toute documentation regLjse pax ccnd,re la verte. 5.10 Cue, cor m-e Ie recammnde le cirecteur general, Ia oanventian dachat -vente condue ettre The City of Saint John et Clear MeN Mobile Hares Ltd. ocncernart la vente de la propriete appartenant a la nwicipalite et portant le NID 53025, sat le 627 -675, dnemn Ashburn, sat modifiee afin de praaW la date de d6tLrejusgJau 30 noverrbre 2008; et, en outre, que le n-dre et la greffiere oarrnnale scent autaises, par les presentes, a signer la modification recose. 5.11 Cue, cor m-e Ie recam rde le cirecteur general, Ie cansdl eomm-al fixe la date daudiences pr.bligLes au Iundi 27 octobre 2008, a 19 h, clans la salle du Conseil, relativerrent aux clen ales de rezonage et de mci ification des conditions in posees par I'artide 39 deposees par la section locale 502 (25, oo,r N\Aanis), Chris Legadt et Ja-Ahan Sabeen (106, dnemn Spar Cove), Saint John Deaf and Hard of Hearing Services Inc. (224, rue Duke Quest) et The Plaza Grail (951 -961, boclevard Fairmlle), et transrrette les der andes au Carite ocnsdtatif duioanis m en vue de I'etablissen ent dun rapport et de la presentation de Rio ns. 5.12 Que, oam-e le recamnar de le cirecteur general, le rapport rdatif a I'appel cle propositions visarrt le gran -fonds longeant le dnen in Sandy Pdnt sat accepte a titre irforrratif. 5.13 Que, oam-e Ie recamurde le cirecteur general, Ie cantrat n° 2008 -26 visart Ia phase III du projet dinstallatio ns cle protection du bassin hycrographique sat acoaclb au sounissianraire le n- dr&disant, L Halpin Excavating United, au prix offert de 94-35 COMM COLMUCONSOL COMML September 29, 2008/Le 29 septembre 2008 143 694,19 $, etabli a partir de quantites estirratives, et, en outre, que le n-dre et la g'effiere c xamnale scent autorises a signer les documents oantraduels necessaires. 5.14 Que, down-? le recce rirTur e le drecteur general, The City of Saint John accorde son oonsenterrent au sa&bail, date du 24jun 2008, qui a ete condu entre Lily Lake Pavilion Inc., a titre de proprieteire, et Yennah's Daytripping Outdoor Adventures Inc., a titre de locateire, et que le maire et la greffiere dawn Hale signent ce consenterrent au nomde la Mlle. Proposition du conseiller Titus Appcyee par le conseiller Moire RESCLU que les rear -ma ndations fomx lees relativerrent a chaa.n des pants de la section Questions sounises a I'approbation du •• - . a .... -M Council rrerrbers corn>✓nted on various corrnuity events. C Timentaires presentes par les merrbres Les man bres du conseil s'e #nm nt scr divemes activites conTaredaires. 7. Proclamation 7.1 Nbryor Court declared the w ek of September 29 to October 4, 2008 as Patient Sarfety VVaek in Saint t John. 7. Proclamation 7.1 Le rraire Court declare que la s mne du 29 septerrbre au 4 octobre 2008 est la Sen dr a de la s6write des patients dens Saint John. all Traf iic Signals at Intersection of Rothesay Avenue and Broadway Avenue Cn motion of Deputy Nk-r a Chase Seconded by Councillor Mott RESCL\ED that as by the City Nbnager, CwTnon Council direct that a prgect be included in the 2009 General Fund Capital Programfor Transportation to wden and reconstruct Rothesay Avenue in the area of the intersection v& B-oaJAey Avenue and the Rtch6s entrance to provide a dedicated left turning lane for each direction, v& the proviso that lands needed for wdening be prodded by Rtchie's Bulcing & Roc ing Centre, and further that the e-isting traffic control wanger>✓nt remain in place until that vx* is corrpleted. Question being taken, the mmtion ves carried all Feux de circulation a ('intersection des avenues Rothesay et Broadway Proposition du n-dre suppleant Chase Appcyee par le conseiller Mott RESCLU que, oam a le recanrunde le directeu- general, le conseil cornunal ordonne quun prqet sat inclus dens la cal:60e du transport du progra m-ee dimrrobilisations du fonds dada inistration pour 2009 afin ddargr et de proceder a la refection de I'avenae Rothesay, deans la zone de ('intersection de I'avenue Rothesay et de 1'entree de Rtchie, afin de prevoir une voie spedale tourne- &gauclne dens chaque direction, et qu'il sat dote dune clause cor dtion nelle selon Iaquelle les terrains rrecessaires a 1'elargssement sont fouris par Rtch 6s Building & Rooring Centre, et, en outre, que les dispositions eAstantes relatives a la regler antation de la circulation scent n- dntenues jusc{cfa la fin de des travaux 94-36 COMMON ©OLMUCONSBL COMMLAVAL September 29, 200SU 29 septembre 2008 a2(a) Sale of Stopped Up and Closed Potion of Fighland Street Manager, The City of Saint John sell its interest in the parcel of land fonreiy being a porticn of Hghland Street, identified on a plan of survey dated August 12, 2008 attadied to M & C#2008 -284, to East Point Inc. for the surr of $3,300.00 plus H. ST, if applicable, on or before October 31, 2008, and that the Maya and Cor -on Clerk be authorized to sign any documents reclured to effect the sale. Question being taken, the motion was carried 3a2a) Verne din tnongon de la rue Fighland femme Ala circulation Proposition du conseiller Snook Appuyee par le conseiller Nllen RESCLU que, come le recmTmr de le directeur general, The City of Saint John vende a East Pant Inc son intent clans la parcelle cle terrain qui etait anciernement we portion de la rue Hghland, delin itbe sur un plan darpentage date du 12 aeut 2008, joint aU contrat n° MO 2008 -284, pour la some de- 3 300 $, TVH en sus, le cas echeant, aU plus tard le 31 octobre 2008, et, que le n-dre et la greffiere ccnm male scent aatonses a signer toA docx.ment reclAs pour rearliser la vente. A Tissue du vote, la proposition est adoptee. a2(b) Sale of Portion of Fighland Street to East Pbint Inc. On auction of Cancillor Fan-en Seconded by Cancilla Nllen RESCLVED that the previous report on the Sale of Portion of Hghland Street to East Pant Inc. be received for irforrnation. Question being taken, the motion was carried a2b) Verne dui trongon de la rue Fighiand Ala societe East Point Inc. Proposition du conseiller Fa-ren Appuyee par le conseiller Nllen RESCLU qL e le rapport anterieur sur la vente dun traVn cle la rue Hghland a la sodete East Point Inc sat amepte a titre infomr df. A Tissue du vote, la proposition est adoptee. 11. StbnissionsbyCou ciI Members 11.0 Ban on single -use plastic battled water (Mayor Court) On auction of Cancillor Fan-en Seconded by Cancilla McGuire RESCLVED that the report on the ban of single use plastic bottled water be lifted from the table. Question being taken, the motion w?s carried (i) Single -use plastic bottled water vWl no longer be sold in City onrred or Qty admnistered concession and vending r achines in pu blicfacilities4ere easy access to m xricipa l tap vaater exists; and (ii) Single use bottled water vWl no longer be purdnased and provided at meetings Wiere easy access to mmicipa l tap water exists: 94-37 COMM COL MUCONSOL COMML September 29, 2008/Le 29 septembre 2008 (iii) the availability of waterjugs \t& m niapal tap v�ater be increased, Were required; and (iv) a City staff and public awareness canpaign be developed to support the rationale for these important changes, including the need for Saint Johners to do their part; and (v) a reviewof facilities and a schedule for implementation be put into place ensuring tap water is readily available in all our facilities. Question being taken, the ruction ves defeated \Mh Deputy N /l@W Chase and Councillors McGuire, Titus, Nllen and Shook voting nay. 11. Interventions des merribres du conseil 11.0 Interciction des bouteilles Beau en plastique a usage unique (n-dre Court) Proposition du oonseiller Farren Appuyee par le ccnseiller McGuire RESCLU que le rapport su-1'interdcion des bcuteilles deau en plastique a usage unique sat soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du n-dre Court Appuyee par le censeiller Famen RESCLU: (i) que les bouteilles deau en plastique a usage unique ne went plus venclues dens les concessions appartenant a la Ville ou grew par cette derriere, ri dens les dstdbuteu s autoaatiques situes dens les etablissen ents publics eu les gens ont facilerml acoes a 1'eau potable de la mxicpalite; (ii) que les bouteilles deau en plastique a usage unique ne went plus achetees et offertes dens le cadre des reunions o d les gens ont facilennent acoes a 1'eau potable de la mxicpalite; (iii) que la disporibilite des pichets deau potable de la mxicpalite sat accrue, au besoin; (iv) gdune canpagne de sensibilisation du public et du personnel de la mxicpalite sat Ianobe afin dappuyer les aiteresjustifiart des changerrents importants, y con oris la nboessite pour les doyens de Saint John de faire Ieu- part; (v)que les installations scant examinbes et qu'un calendrier de raise en came sat mis en place pour veiller a ee que 1'eau du robinet sat facilerent accessible dens toutes les installations de la nn_niapalite. A ('issue du vote, la proposition est roetee. Le n-dre suppleant Chase ainsi que les oc nseillers McGuire, Titus, Nllen et Shook votent contre la proposition. 11.1 Letter from Moister Landry (Wyor Court) Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\ED that the letter from Mnister Landry regarding the Coe Mle Interclhange be received for information. Question being taken, the ruction ves carried 11.1 Lettre du ninistre Larxiy (n-dre Court) Proposition du omseiller Titus Appuyee par le censeiller McGuire RESCLU que la Iettre du miristre Landry relative a I'6changeur de Cne Mle House sat acoeptee a titre irfom Eitif. A ('issue du vote, la proposition est adoptee. 94-38 COMM0N OoLMUCONSOL CANNLAVAL September 29, 2008/L.E 29 septembre 2008 11.2 Retirement Allmance (Deputy Maya- (ease) Can nmtio n of Deputy Mayor Chase Seconded by Ca.ndllor McGuire RESC LVED that the letter from Deputy Mayor Chase titled Retirennent A liner oe be referred to the City Manager for a repot back to Council. Question being taken, the motion was carried 11.2 Allocation de retraite (noire supplearrt Chase) Proposition du moire suppleant Chase Appuyee par le eonseiller McGuire RESC LU que la lettre du mare suppleant Chase intitulee Allocation de retraite sat transrrise au cirecteu- general auxfins de presentation dui rapport au Conseil. • •Ti '- •. 11 ' 1 • •••�-• a• • 4 - • - .. �- - '•.• The coma m Clerk advised that the necessary advertising was oarpleted \mth regard to the proposed Section 39 Amandrrert amending the Section 39 conditions inposed on the August 5, 1994 rezoning of the property located at 661 Dever Road, also identified as RD Number 551016819, to permit a senior dtizens' activity centre vvithin the existing building, vvith nowitten objections received. Consideration ves also given to a report from the Planning Advisory comftee subn itting a oopy of Planning staff s report ca -6cle ed at its September 23, 2008 meeting at Mich the caynittee decided to recammnd the amendment of the existing Section 39 conditions. The Mayor called for mmnters of the public to speak against the proposed amendmant vvith no one presenting. The Mayor called for mmnters of the public to speak in favor of the proposed amendment vvith Ed Keyes of Greendale Holdings speaking on behalf of the applicant stating that he was in agreement vvith the staff repot and recorrrrenclation. Can nmtion of camcillor Shcivan Seconded by Councillor Nllen RESC LVED that Coa moo council amend the Section 39 conditions in posed on the August 5, 1994 rezoning of the property located at 881 Dever Road, also identified as RD Nurr ber 551016819, to permit a senior dtizens' activity oentre vvithin the existing building. Question being taken, the motion w?s carried 9. Audiences publiques a 19 h 9.1a) Projet de modfication des caxitiaas inposees par I'artide 39 Asarrt le 661, dnenin Dever 9.1b) Pecorrrrrarxlation du Comte c onsultatif durbarrisme La geffrere oonTm -de indique que les aAs requs ont ete publies en ce qu a tract a la modification proposee en vertu de I'artide 39, mocifiant les conditions inposees le 5 aout 1994 relativemant au rezonage de la propni to gtu6e au 881, dnenin Dever, irrsdte sous le NID55106819, afin dautoriser un centre dactivites pox persannes ogres dens I'imncable edstant, et qu'aueune objection 6mte n'a ete regE. Can a 6galemant exameb le rapport presenter par le Comte oansultatif duioanis m, accmpagne dun exerrplaare du rapport redige par le personnel du service durbans m, qui ont fait I'd:o dun examen lors de la seance du 23 septeniore 2008 au c cu s de laquelle le ocnite a dndsi de reoorrn-E� la modification des conditions en vig-eur a IE 94-39 COMM COLMUCONSOL COMML September 29, 20MLe 29 septembre 2008 Mere actuelle en vertu de I'artide 39. Le moire invite le publics e)#n -er son opposition quent a la modificatien proposee, mais persome ne prend la parde. Le moire invite les rmrioes du public a e)#n -er leur appui quent a la rrocification proposee. Ed Keyes de 1'entreprise Greendale Holdings, au nom du dennande.r, se prononoe en faveur des moorrnmrclations et du rapport du personnel. Proposition du oonseiller Sullivan Appryee par le conseiller Nllen RESCLU que le Conseil comunal modifre Ies corxitions inposees par I'artide 39 le 5 aout 1994, relativennent au rezonage de la propriete situ be au 851, dmn in Dever et pctant le NID 55105819, afin dautoriser un centre dactivites pour perscnnes ogees clans I'imTmble e-istant. 9.2(a) Proposed Section 39 A mndmer t 127 -129 Bayside Drive 9.2(b) Ranning Advisory Committee Fdecon rendation 9.2a) Projet de mnodification des concitions imposees par I'artide 39 Asant le 127 -129, pm-erode Bayside 9.2b) Recomarxbbon du Comte consLitatif du rbanisme Consideration was also given to a report fromthe Planning Advisory Corrrrittee scbn itting a copy of Barring staff s report considered at its September 23, 2008 meeting at W ich the Corrrrittee decided to reconTnend the a e ndn-ent of the e-isting Section 39 conditions. The Mayor called for rnentem of the public to speak against the proposed arnendnmrl \t& no one presenting. The Mayor called for rnentem of the public to speak in favor of the proposed arrendrrent \t& D evid Lyttle, the applicant, appearing before Council and stating that he vans in agreement \Mh the staff report and recurmrerndation. On motion of Ca,ncillor Farren Seconded by Caxrcillor MoGuire RESCL\/ED that Corrnron Ca oil arrB -d the Section 39 conditions irrposed on the October 28, 1988 rezoning of the property located at 127 -129 Bayside Drive, also identified as RD Nurber 00845983, to pemit the e-isting barber shop as a pemitted wise. Question being taken, the motion was carried On a egalerrent exams -6 le rapport presents par le Comte oansultatif duioaris m, acompagne dun exerrplaire du rapport redige par le personnel du se \Aoe durbansme, qui ont fait I'olzo dun exarren Tors de la seance du 23 septerbre 2008 au cans de laquelle le oornite a dndsi de la modification des conditions en vigueLr a Maxe actuelle en vertu de I'artide 39. Le moire invite le public a e)#n-er son opposition quxant a la modification proposee, mars persome ne prend la parde. Le moire invite Ies rmrioes du public a e)#n -er Ieur appui quant a la rrocifrcation proposee. David Lyttle, le regLbrant, se presente devant le Conseil et se prononoe en faveur des recomye nclatians et du rapport du personnel. Proposition du conseiller Farren Appu yee par le conseiller MoGJre RESCLU que le Conseil co anal modifre Ies conditions inposees par I'artide 39 le 28 octdoe 1988, relativemant au rezonage de la propni to situ be au 127 -129, promenade Bayside et potant le NI D 00345983, afin de reconnoitre que le salon de ccifuxe pour horrn'es aduel est un usage pemis. 12 94.40 COMM0N OOLMUCONSOL CANNLAVAL September 29, 200SU 29 septembre 2008 A Tissue du vote, la proposition est adoptee. 9.3(a) Proposed Zoning By LmAmmdm t 861-891 Fairville Boulevard 9.3(b) Raryning Advisory Committee Peco yr endation The Comm Clerk advised that the necessary advertising was conpleted \mth regard to a handing Sdned le "A', the Zoning Map of The aty of Saint John, by re- zoning a parcel of land v& an area of approArrately 2.3 hectares, located at 861 -891 Fairville Boulevard, also identified as being RD Nurbers. 00032813 and 00032821, from "1-4' Heavy Industrial Park and "B2" Cineral Business to "SC' Shcpping Centre classification. Consideration vos also given to a report from the Planning Advisory Carrrittee subn itting a copy of Ranning Staff's report considered at its September 23, 2008 meeting at Mich the Corrrrittee decided to reconTrend the application to re -zone a parcel of land located at 861 -891 Fairville Boulevard as described above. The Mayo- called for rrerrbers of the public to speak against the re- zoning wth no one presenting. The Mayo- called for rrerrbers of the public to speak in favor of the re- zoning v& Ndndas Price, Senior Ranner of Terrain Graf, appearing before Council and stating that he vans in agreer ent v& the staff report and reoor Taff dation. Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the by-ladv entitled, "A LaN to Amend the Zoning B)�-Lawof the City of Sault Johri' amending Schedule A', the Zoning Map of The City of Sault John, by re- zoning a parcel of land v& an area of approAn'ertely2.3 hectares, located at 861 -891 Fairville Boulevard, also identified as being RD Nuribers 00032813 and 00032821, from "I-4" Heavy Ird istrial Park and "B-2" General Business to "SC' Shopping Centre classification, be read a first time. Question being taken, the unction ves carried Read a first time by title, the by-ladventitled "A LamtoAmend the Zoning E,-Lawof the City of Saint John'. Cn motion of Councillor Titus Seconded by Councilor McGuire RESCLVED that the by-ladventitled, "A Lawto Amend the Zoning B)�-Lawof the City of Sault John' anfrnding Sdhedule "A" the Zoning Map of The City of Saint Jchn, by re- zoning a parcel of land v& an area of approArrately2.3 hectares, located at 861 -891 Fairville Boulevard, also identified as being RD Nuribers 00032813 and 00032821, from "I-4" Heavy Ird istrial Park and "B-2" General Business to "SC' Shopping Centre classification, be read a second tine. Question being taken, the unction ves carried Read a second time by title, the by-ladventitled, "A LaNto Amend the Zoning By-LaN of the City of Saint John ". 9.3a) Proiet de modfication de I'an-&6 de zo nage Asarrt le 861 -891, boulevard Fairville 9.3b) Reconweridation du Comte consultatif durbanisme La greffiere oxamnale irdque que les avis mcluis at ete publies relativenent a la modification de I'amexe A, plan de zonage de The City of Saint John, en vue du rezonage dune parcelle de terrain situee au 861 -891, boulevard Fairville, dune s Wiicie dei-Mron 2,3 hectares et inscrite sous les ND 00032813 et 00032821, afin de faire passer la classification s'y rapportant de zone de- parc dindustrie Iourde «1-4» et de zone oorrnerdale generale « 13-2 » a zone de centre corm -erdal << SC ». Examen dun rapport du Comte censultatif durbaisrre, acconpagne dun exerplaire du rapport du personnel du service durbanisme, etude Tors de la seance du 23 septenicre 2008, a IagAle le Carite a dedde de recomm -icier I'approbation de la clans nde de rezonage dune paroelle de terrain situee au 861 -891, boulevard Fairville, telle qu'elle est decrite ci- dessus. Le moire invite le publics se pDrax)er eontre le rezonage, mods personae ne prend la 13 9441 COMM COLMUCONSOL COMA JAL September 29, 2008/Le 29 septembre 2008 parde. Le mire invite les narrbres du public a exprimer leur appui quant au rezonage. f chdas Price, planificateur principal de Terrain Group Inc., se presente devant le censeil et se prononoe en faveur des reccrrrrandations et du rapport du personnel Proposition du conseiller Titus Appuy&e par le censeiller MoGdre RESCLU que I'arret& intitdl& «Arret& rracifiarrt I'arret& de zoneige de The City of Saint John » en rracifiarrt a I'an nexe A, plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situ&e au 861 -891, boulevard FadMlle, duce sr.perfide derMron 23 hectares et insc rite sous les NID 00032813 et 00032821, afin de faire passer la classification s'y rapportant de zone de parc dindustrie Iourde « 1 -4 » et de zone c nTrerdale generale « 13-2 » a zene de centre eon rerdal << SC », fasse I'objet duce preni&re lecture. A I'issue du vote, la proposition est adopt&--. Preni&re lecture par titre de I'arr&t& intitul& «Arret& nmdifiant I'arr&t& de zonage de The City of Saint John ». Proposition du conseiller Titus Appuy&-- par le censeiller MoGAre RESCLU que I'arr&t& intitdl& «Arret& modifiarrt I'arr&t& de zorrage de The City of Saint John » en nmdifiant a I'amexe A plan de zonage de The City of Sault Jehn, le zonage dune parcelle de terrain situee au 861 -891, boulevard FadMlle, duce sr.perfide derMron 23 hectares et insc rite sous les NID 00032813 et 000332821, afin de faire passer la classification s'y rappartant de zone de parc dindustrie Iourde « 1 -4 » et de zone c nTrerdale generale « 13-2 » a zene de centre eon rerdal << SC », fasse I'objet dunedeud&m lecture. A I'issue du vote, la proposition est adopt&e. D&Dd6rre lecture par titre de I'arret& intitul& «Arret& modifiant I'arr&t& de zonage de The City of Saint John ». 10. Consideration of By -laws 10. nude des anttes n unicipaux 8. Delegatio ns/Presentations 8.1 Affordable Housing Referring to a subnitted presentation, Gregor Hope, and Brenda Mxphy of the Affordable Housing Strategy Planning Group, updated council with respect to affordable housing issues in Saint John. U. Hope and Nb. Mxphy also briefed Council on the Affordable Housing Forums; they ended their presentation by mHng rations for Council to adopt. Ul yor Court noted that Council could not consider the recommendation of the Affordable Housing Strategy Planing Group until the reminder of the agenda items have been dealt with as provided for in the procedural by-laNV. 8. Delegations et presentations 8.1 Logemerrts abordables Faisant reference a une presentation anterieu-e, Gregor Hope et Brenda Mxphy de Affordable Housing Strategy Planning Group (g-oupe d&tablissemnt de strategies en mtibre de Iogemnts abombbles), m ttent le eanseil au courant des probl&rras de loger ant abmWe a Saint John. M Hope et NC Mxphy infom ent &galement le censeil des tribunes eoneemant les logerr tints abadables; its conduent Ieu- presentation en faasarrt des reoomrrmclations au censal pour qu'il les adopte. Le mire Court r antiorrre que le consal ne peut ccnsiclbrer leurs reocrrrrarndations avant que ne went examnbs teus les pants a I'ordre dlujour, ocnforrranant ax dispositions de I'arret& procedural. 14 94.42 COMMON ©OLMUCONSBL CANNLAVAL September 29, 200SU 29 septembre 2008 8.2 Saint John Parking Commission Presentation Referring to a sr omitted presentation, Councillor Titus, Chaim -n of the Saint John Parking Coamssion; and Ran Mazza of Read Jones Chnstoffersen, updated Council on the findings of the Green Parking Feasibility Study. 8.2 Presentation de la Commission sur le stationnenrent de Saint John Faisant reference a une presentation anterieure, le conseiller Titus, president de la Corrrrission sur le statiornenart de Saint John, et Fbn Mega de Read Jones Christoffersen, rrettent le conseil au couant des c crdusions de I'etude de faiisabilite relative a un parc de statiannenarnt eoologique. 11.3 Issues FUated To Fbcent Heavy Rain (Deputy Mayor (ease) Cn rrrction of Deputy Mayor Chase Seconded by Councillor McGuire RESCLVED that staff provide Ca mcil \t& a report outlining the troy bled areas in the City of Saint John W ich are most likely to e)qDerience flooding during storms and Wiat mitigation strategies card be implemented to avoid or reduce further occurrence. Question being taken, the motion was carried 11.3 Questions relatives aux fortes plues recertes (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESC LU que le personnel faxrisse au Conseil un rapport indiquant les secteu s dm:preux clans The City of Saari John les plus susceptibles de subir une inondation duant les terrpetes et les strategies datterxaation qui pcurraient titre mises en ceuvre pair qu'une irbndation oom-m-e on a oanrx.re ne se reprodluise plus ou pair reduire la survenue dinondations. 11.4 Assessment of Viability of Current Municipal Ran (Councillor Kllen) Qn motion of Councillor Nllen Seconded by Ca.ncillor Sullivan RESCLVEDthat Council direct the CArrmissioner of Planning to provide, by the next Councl meeting, an assessment of the viability of the affent W idpal Plan and, more specifically, W-iether the time has come for a serious revision of even the replacement of that plan. Question being taken, the motion was carried \t& Councillor Farren voting nay. 11.4 Evaluation de la viabilite du plan dam6nagerrrent actuel (conseiller Kllen) Proposition du omseiller Nllen Appuyee par le conseiller Sullivan RESCLU que le oonseil drarge le oomn issaire a I'u ba nisn e de foumir, avant la prodnaine seance du croseil, une evaluation de la viabilite du plan damenagem tint aduel et, plus precisem tint, s'il est temps, selon lu, de proceder a une revision serieuse de oe plan ou m§rr e a son rerrplaoer ant. A Tissue du vote, la proposition est adcptee. Le oanseiller Farren vote oantre la proposition 11.5 Coordination of Road V\brk (Councillor Titus) Qn motion of Councillor Titus Seconded by Councillor Nllen RESCLVED that the City Menages be directed to develop a plan, in conjunction \t& the Province of New HunsWck and the Harbour Ridge Authaity, to coordinate major road and bridge vwrk during 2009 and 2010. Question being taken, the motion was carried 15 94.43 COMMON COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 11.5 Coorcination des travaux de refection (c onseiller Titus) Proposition du connseiller Titus Appcyee par le ocnseiller Nllen RESCLU que le directeur general sat dharge delaborer un plan, conjointerrent avec le ga Aanerrent provincial du Nauveau- DtnsWck et I'Adniristration du port du port, pour coordonner les travawc de refection du punt et des routes prindpales au ocurs des amees 2009 et 2010. .-�•. •.� 'r -� On motion of Deputy N/layor Chase Seconded by Ca.ncillor Sullivan RESCL\EDthat item 11.13 Pension Ran Deficit O- estion being taken, the nmtion was carried Councillor Farren called a part of order indicating that there was a past motion rre cle by fan-er Ca.ndllor Wite Mich stated that all pension discussion be referred to the carom aerk. The City Solicitor stated that he vmld need to revieNthe resolution; hmever, he e)lained that, as he recalled, the resolution in question ves wth respect to the legal proceedings involving the pension board and bn-er Councillor Ferguson, Mich was confim-ed by the Corrnm aerk. MWor Court accepted the City Solicitor's response. 11.13 Pension Ran Deficit: Dealing with the Issue (Councillor Titus) On motion of Councillor Titus Seconded by Deputy Nbyor Chase RESC_\ED that: 1. The City Mmager be directed to revisit the recorrrrehdations he previously Trade to Council to deal v& the pension deficit and detemine it in fad, his previous recorrmehdations are still relevant in 2009; and 2. The City Mmager be directed to propose a ocurse of action for Council to follow kr amrig that Ca mil has made a oor mtme t to errployees that no dnanges to the Ran vWl be made prior to 2010, and a The City Mmager include vUthin the 2009 Operating Bridget any necessary financial resources that Council vWl require in 20109 to move this file favord. Question being taken, the n Lion ves carried Proposition du mire suppleant Chase Appuyee par le ocnseiller Shcivan RESCLU que le pant 11. 13, Deficit du rbgrrie de retraite, sat avanob dens I'ordre du jour et qu'il figcre avant le pant 11.6, Prcjet de modfications du regirre de retraite. .. . . ...... . . .•.• -- Le eonseiller Farren sauleve uhe o4ection en indquant qLf une proposition anterieure a ete faite par I'arrcien ocnseiller Wite selon laquelle to ute discussion relative a la retraite dot titre transnise a la greffiere oamtunale. L'avocat mxicipal dedare qu'il dot examner la rbsdution; tautefois, it explique que, daprbs son souvenir, la resolution en question camennait la paursuite irrpliquant le Conseil de retraite et I'anden ocnseiller Ferguson, ce qui a bte oa-fim>b par la greffiere oamrnnale. Ime 94.44 COMMON OOLMUCONSOL CANNLAVAL September 29, 200SU 29 septembre 2008 Le rraire Court accepte la reponse de I'avocat rrr_nidpel. 11.13 Deficit du regime de retraite : aborder le prod me (conseiller Titus) Proposition du conseiller Titus Appuyee par le rraire suppleant Chase PESCLU que: 1. le directerx general scit d-arge de reexamine- les reomTn3idations gLiil a prec bden rent fates au oonseil pour faire face au deficit du regirrre de retraite, et de detern finer si, en fait, ses motions arterieures sont tajours pertinertes en 2009; 2. le directeu- gerreral scit d-arge de proposer au Conseil un plan daction a suvre sacl-rant que le Conseil s'est engage aupres des errployes a n'apporter aua.ne rrodfication au regirrre de retraite avant 2010, le directeu- gerreral indut dens son budget de fora tionnerr ent de 2009 toute ressource finandere rrecessaire require par le Conseil en 2009 pour faire avaimer ce dossier. A Tissue du vote, la proposition est adoptee. 11.6 Proposed Granges to Pension Ran (Deputy Mayor Chase) • . • . -. . • 1. Council affirm its' eon-nitm nt to resolving the Pension Plan difficulties and that this oorrrritment is one of high priority; and 2. Council offidally ccmTLnicete vUth employee gaps and plan bayfiidaries that benefit dirges are required to resolve the plan ciffioulties, and 3. The City Mmager be directed to provide to Caxrdl a table listing and cistinguishing plan changes in the perviewof Ca,ndl and those of the %w Dursv ckGovemrrent; and 4 Council begin discussions \t& NaTbers of Legislative Assembly of %w Duiamck regarding the need to nrke dianges to the Pension Legislation. Question being taken, the motion was carried 11.6 Projet de modficafions du regime de retraite (maire suppleant Grace) Proposition du rraire suppleant Chase Appuyee par le Conseiller Titus PESCLU que: 1. le Conseil corfimre son engagement a rescudre les probldres afferents au regi me de retraite, et que oat engagement represente une priority tres importante; 2. le Conseil infanne offidellement les gmupes demployes et les bbWiideires du regime de retraite que des modifications davent titre appa tees aux prestations de retraite efrn de rescudre les problerres lies au regime de retraite; ale directeu- ger>erel scit d-arge de founir au eonseil un tableau presentarrt et cisting,iant les modifications apportees au regime dens le &errp dapplication du Conseil et de celui du g i ivernerrent du Nouveau -1r ns ck; 4 le Conseil amorce des ciscussions aver les deputes de I'Asserrblee legislative du Nouveau- DtnsvUCk oencernant la neoessite dapporter des modifications a la Loi surle r6girre de retraite. 17 94.45 COMMON COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 A Tissue du vote, la proposition est adopt&e. 11.7 Tax F bte Peduction (Deputy N yor Chase) Cxr motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESC L\ ED that a sustainable tax rate reduction be an ol�ective for the 2009 budget and that the City Manager be cirected to prepare craft budgets accorcingly. O- estion being taken, the mention was carried \t& the Nhyor and Councillors Titus and Fan-en voting nay. 11.7 FVxWion du taux dimposition (moire supplearrt Chase) Proposition du moire scippleant Chase Appuy&e par le conseiller Sulivan RESC LU qu'une reduction durable du taux din Dosition constitue un o4ectif du budget de 2009, et que le directeur general sat charge de preparer des budgets prelin inaires en cons6cli-erm. A ('issue du vote, la proposition est adopt&e. Le moire ainsi que les conseillers Titus et Farren votent centre la proposition. 11.8 VVDel ly Council Meetings (Councillor Sullivan) Cxn motion of Councillor Sullivan Seconded by Councillor Snook RESC L\ ED that Comm Cam I rreet %eeldy on Monday rights alternating betv� CoYnittee of the VV-de and Public Hearings on one Monday \t& regular Council meetings on the alternative Monday rights. O- estion being taken, the mention was carried \t& Cancillm Titus, McGuire, Killen, and Mott voting nay. 11.8 FbAons hebdmmdaires du Conseil (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESC LU que le Conseil commnal se reuisse taus les lu cis stir: it y aura alternance entre le cunt& plerier et les audiences publiques (un lu di stir) et les seances ordinaires du Conseil (le lu d sir suivant). A ('issue du vote, la proposition est adopt&--. Les conseillers Titus, McGuire, Killen et Mott vatent eontre la proposition. 11.9 Enhancerrrerrt for City conm.nity Centres (Councillor McGuire) Cxn motion of Councillor McGuire Seconded by Councillor Titus RESC -\/ED that the City Manager and Mr. Morrison prepare for Couml a document outlying the needs and subsequent financial support required to entrance our eonTr pity centres including bath irfrastnucture and progran ring \t& a report back in one month. Question being taken, the nmtion was carried 11.9 Amelioration des centres con nurrautaires de la Alle (conseiller McGuire) Proposition du eonseiller McGuire Appuyee par le conseiller Titus RESC LU que le directeur general et M Morrison r&cigent a ('intention du Conseil un doaxrBnt so lignant les bescins et le soutien financier subsequent requis pour ameliorer les centres conT nautaires de la mxicipalite, y ocn )ris a la fbis I'infrastnxture et la progran nr Lion, et que ee rapport sat pr�sente cans un mas. IN 94.46 COMMON ©OLMUCONSBL COMMLAVAL September 29, 200SU 29 septembre 2008 11.10 Infrastructure Enhancerrent for Outlying Neighbourhoods (Councillor McGuire) Cn nmtion of Comcillor McGuire Seconded by Councillor Titus RESCLVED that the City Manager report back to Council in one month'stirnevvith a strategcdevelopmental prograrrforthe infrastructure er> amerrerrt of the rreigHx urtnoods of Mlle, Ewer Valley Road and Ocean V\bst V\by- Question being taken, the motion was carved vvith Councillor Sullivan voting nay. 11.10 Amelioration de ('infrastructure des quartiers peripheriquess (conseiller McGuire) Proposition du oonseiller McGuire Appuyee par le oonseiller Titus RESCLU que le cirecteur general presente clans un mas son rapport au oonseil pertant sur un prog-arrrre strategique cle developpernerrt destine a ameliorer ('infrastructure du voisinage des dnenins LaneAlle et Fiver Valley et cle la vole Cuest Crean. A ('issue du vote, la proposition est adcptee. Le conseiller Slullivan vote ocntre la proposition 11.11 Standng Serrate Co n ittee Presentations (Councillor McGuire) Cn mmtion of Councillor McGuire Seconded by Councillor Titus RESCLVED that the report from Councillor McGuire vvith respect to an overvieNof the Standing Senate Comrittee presentation and the Canadian Housing REneA Association presentation be received for information Question being taken, the motion was carried 11.11 Presentations du Comte senatorial pemmnerrt (c onseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESCLU que le rapport du censeiller McGuire concernant un aper�u des presentations du Comte senatorial pan rent et cle I'Association canadienne dhabitation et de renovation uibaine scit ac cepte a titre inforrratif. A ('issue du vote, la proposition est adoptee. 11.12 Use of Services and Infrastructure (Councillor Figgins) Cn nmtion of Councillor Hggins Seconded by Councillor Snook RESCLVEDthat beginning Noverrber 1, 2000, the City of Saint John collect a user fee of $8 per day as an offset to fell use of Sant John services and irfrastn d re to ail those Wno nrke use of said services and irfrastrudu e, but are not residents of the City of Saint John. Cn nmtion of Councillor Hggins Seconded by Councillor Snook RESCLVEDthat thefdloning motion of Councillor Hggins be referred to the City Solicitor for review. �] 9447 COMMON COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 that beginning Noverrbe-1, 2008, The City of Saint John collect a user fee of $8 per day as an offset to full use of Saint John services and infrastructure to all those Who make use of said services and infrastructure, but are not residents of the City of Saint John. Question being taken, the mmtion was defeated v& Mayor Coat and Councillors McGuire, Titus, Sullivan, and Nllen voting nay. 11.12 Uilisation des services et de I'irfrastructlre (conseiller Figgins) Proposition du conseiller Higgins Appuyee par le conseiller Shook RESCLU coti compter du le, noverrbre 2008, The City of Saint John perce ra des frais crutilisaticn de 8 $ par jour, a titre de compensation de la pleine utilisation des services et de ('infrastructure de Saint John, aupres des personnes qui les utilisent, n-ds qui ne sat pas residents de The City of Saint John. Proposition du conseiller Higgins Appryee par le conseiller Shook RESCLU que la proposition suvan to du conseiller Higgins sat transmse a I'avorat n-Lnidpal auxfins crexarren : A corrpter du le' novenixe 2008, The City of Sauna John peroevra des fraus dutilisation de 8 $ parjour, a titre de eonpensation de la pleine utilisation des services et de ('infrastructure de Sauna John, ar pres des pe-sanres qui les utilisent, n-ds qui ne sont pas residents de The City of Saint John. A ('issue du vote, la proposition est roetee. Le maire Court et les conseillers McGuire, Titus, Sullivan et Nllen votent contre la proposition. 11.14 Letter to Minister Larxiy (Mbayor Court); Cn motion of Councillor McGuire Seconded by Councillor Titus RESCUED that Council assent to Maya Coat sending a letter to Mnster Landry requesting that the Mnster amend the Provincial Shortline RailveayAct to make it an offense to trespass on railway property and to provide for a fine as penalty to offenders. Question being taken, the mmtion was carried 11.14 Lettre au rrinistre Larxtry (maire Court) Proposition du conseiller McGure Appcyee par le o>nseiller Titus RESCLU que le Conseil caw to a ce que le maire Court envae une lettre au n iristre Landry Iu derrandant de modifier la Ld surles dh?rrins ub farcb couttes lignes du Nouveau -Bru nsWck afin que la viol ation du drat de propni to du chemin de fer eonstitue une infraction et que la Ld pr6vae une amaxce, o arm a peine, pour les oc ntrevenan ts. 11.15 Letter to Premiier Graham regarding Lome Middle School (Mbayor Court): Cn motion of Councillor McGuire Seconded by Councillor Titus RESCUED that Council assent to sending a letter to Premier G-dW The Master of Education) and Sdhool District 8 Cffidals to retain Lorne Mdde School and Hazen Wite St. Francis School in their present locations. Question being taken, the mmtion was carried 11.15 Lettre au premier miiristre Graham ooncernarrt I'ecole intemrfiaire Lome (maire Court) Proposition du conseiller McGure Appuyee par le conseiller Titus RESCLU que le Conseil accepte que le maire Coat envoie une lettre au premier ministre Graham lui claTendant que le provindal maintierne 1'eode intern-bdiaire Lorne et l'eoole Hazen Wite St. Fronds a I'a -doit as elles son t situees a 1'heure aduelle. Val 94.48 COMMON ©OLMUCONSBL CANNLAVAL September 29, 200SU 29 septembre 2008 A Tissue du vote, la proposition est adoptee. 11:16 Letter to Premier Grahamwith respect to the Forest Industry Cn rrrotidn of Councillor McGuire Seconded by Councillor Titus RESCLVED that Council assent to Mayor Court sending a letter to Premer GrA ram requesting that the Provincial goverrn e nt adopt a policy protecting the environrrent wth proper forest rranagenent techniques and at the sane tine protecting jobs, directly or indirectly related to the forest industry. Question being taken, the motion was carried 11:16 Lettre au premiier ministre Graham avant trait a I'industrie forestidm Proposition du oorrseiller McGuire Appuyee par le conseiller Titus RESCLU que le Conseil consente a oe que le rraire Court envcie une lettre au premer n iristre Graham Iu demandant que le gouvernerra t pro\Ancial adopte une politique de protection de 1'ei- Mrornerra t coYportant de bornes techniques de gestion forestiere et preservant sim.ltanenant Ies errplois, directs ou indirects, lies a l'industrie forestiere. A Tissue du vote, la proposition est adoptee. 12 Business Matters - Municipal CXfrcers 121 2006 Debenture Issue Whereas occasion having arisen in the public interest for the fdloWng public dvic\A - and needed dvic improvements, that is to say. Cep► -: _ � ,► rr General Government $ 500,000 Protective Services $ 500,000 Transportation Services $ 3,000,000 Voter System $ 2,500,000 Sever- System $ 1,000,000 $ 3,500,000 SNNTJOHN TRANSIT $1,500,000 TOTAL $10,500, • • • WENT • 1 a•• • -• W41 • • 1571 AA • Debentures be issued under provisions of the Pots of Assenbly 52, Mctona, Chapter 27, Section 29 and arrendnnents thereto to the an-curt of $10,500,000; and 21 94.49 COMM COLMUCONSOL COMML September 29, 2008/Le 29 septembre 2008 2. The Corrmssia-er of Finance be authorized to issue and to sell to the NEw BunsWck Ul nicipal Finance Corporation (the "Capo-ationf') a City of Saint John band or debenture in the principal amount of $10,500,000 at such terms and conditions as are reeonTr ended by the Corporation; and 3. The City of Saint John agrees to issue postdated cheques to the Capa-atio n, or other such arrangements as the Corporation may from tine to tine accept, in payrrent of principal and interest charges on the above band or debenture as and Wren they are required by the Corporation; and 4 The Cmmssia," of Finance be hereby authorized to receive an offer in correction \t& the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 15 years for the issue related to the General Fund and Transit and not to exceed 20 years for the V\/ter & Sewage Utility, and 5. The Corrmssioner of Finanoe report to Comm Council the exact values for price per $100 of debenture, interest rate and term in years, together \t& the date of the issue.,, Question being taken, the nmtion was carried 12 Affaires nunicipales evog -sees par les forctionnaires municipaux 121 bAssion de debentures pax 2008 Ca- 6clerant la neoessite, clans l'interet public, de proceder a I'execution cle travaux publics et crapporter Berta ices ameliaratians nwicipades, a savor: i:i.► �. _ �.►� ► SII Vi i107L .- .- see see 9- a •••a - a•• • • - see s@@ -. A -' • so see ,�.. 317 M 0, 1, = Z I M R I e• Reseau daqueduc 2 500 000 $ Reseau degcuts 1000000$ 3 500 000 $ CCNMSSION DES TRANSPORTS DE SN NT JCHN 1500000$ TOTAL 10 500 000 $ •• 1 •C I I NNW OMNI 1 - a AA WE 1. que scent 6mses des debentures en vertu des dispositions des Los cle la Charrbre dasswblee, 52Mctoia, dnapitre27, artide29, et des rracifications afFerentes, pour la some cle 10 500 000 $; 2. que le cornnissaire aux finances sot autoise a emettre et a va-d-e a la Corporation de finaxa ent des nwicipalites du l3txnsWck (la << Corporation ») une obligation ou une d6ba -Aare cle The City of Saint John au montant primped cle 10 500 000 $ aux modalites et conditions reeorrmmrdees par la Corporation; 3. que The City of Sant John a=cle son assentirrent a 1'6mssian de dneques postdates au nom cle la Corporaticn, ou a to ite autre disposition que la m 94-50 COMM0N OOLMUCONSOL CANNLAVAL September 29, 200SU 29 septembre 2008 Corporation peat accepter a tout rn►onm?nt, pax le paiemant du principal et des intents relatifs a ('obligation ou a la debent<,re s mentio nee au monnant requs et daps la fame exigee par la Corporation; 4 que le c orrrissaire aux finances sat autorise, per les presentes, a accepter we offre, relative rent aux debentures susrrentioiT6%, a um taif egal a au mans 98 $ pour 100 $ dobligations, a un taux dirteret n adrrel de 6,5 %en n oyeme et pour we dluree nemmale de 15ans pour 1'enission relative au fonds dadnirrstration et au service de transport et we du-6e na-An -de de 20 ans pax le reseau daquedx et degc uts; 5. que le oonmssaure aux finances presente um rapport au oonsal communal, indiquant la valeur exacte du tarif pour 100 $ en debentures, le taux dinteret, et la dune en annbes, aansi que la date denission. A Tissue du vote, la proposition est adoptee. (Councillor Nllen v�iftrevvfranthe meeting.) 122(a) Prince Edward Street Traffic By LawAmendrert Cn motion of Councillor Fanen Seconded by Councillor Sullivan RESCLVED that as recom mnded by the City Nbnager, Comm Council amid the Traffic By-Law, Sdiedule "D'— One V\try Streets, by adding Prince Edward Street, from the mast westerly pant of Prince Edward Street extending 50 metres rafheasterly, in the southwesterly direction. Question being taken, the motion was carried 122(b)(c) Saint John Traffic By LawAmendment Intersection Ulrrior� Carmarthen and Prince Edward Streets Cn motion of Councillor Fanen Seconded by Councillor Sullivan RESCLVEDtfrat the by-lavventitled, "A By Lavvto Ama-d a By Iavv Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and a - endrrents Char d', be read a first tin-e. Question being taken, the motion was carried Read a first time by title the by-lavventitled A By Lavvto Ama-d a By Lave Respecting Traffic on Streets in ft City of Saint John under ft Authority of the Motor Vehde Act, 1973 and amend nants tha�d'. Cn motion of Couxallor Titus Seconded by Ccu cillor Fanen RESCLVEDtfrat the by-lavventitled A By Lavvto Arrend a By Iavv Respecting Traffic on Streets in the City of Saint John under the Authority of the Motor Vehicle Act, 1973 and a - endrrents Char d', be read a second time. Question being taken, the motion was carried Read a second time by title the by-law entitled 'A By Lavvto Anend a By Lave Respecting Traffic on Streets in ft City of Saint John under the Authority of the Motor Vehicle Act, 1973 and arer�s theretd'. (Le conseiller Nllen quitte la seance.) 122a) Modification de I'antte relatif a la cirmilation Asarrt la rue Prince Edward Proposition du oorrseiller Fanen Appuyee par le conseiller Sullivan RESCLU que, come le recmTmr le le directeu- gerreral, le Conseil ocmT unal modifie I'annexe « D» de I'arete relatif a la circulation — Rues a sens unique, en y 4outant la nue Prince Edm rd, a partir du part situe le plus a l'ouest de la nue Prince Edward s'etendant en direction nord -est sur une distance de 94-51 COMMON COLMUCONSOL CON ILA AL September 29, 2008/Le 29 septembre 2008 50 metres, dans la direction sud- Quest. .. .. ...... . . .... .. 12213)c) Modification de I'arrbt6 relatif a la circulation dans The City of Saint John A ('intersection de la rue Union de la rue Carrnarthen et de la rue Prince Edward Proposition du conseiller Farren Appuyee par le conseiller Shcivan RESCLU que I'arrete intituie «Arrete mo ifiant I'arrete relatif a la dncuiatien dans les rues de The City of Saint John edicte en vertu de la Ld surles vehicles a nrteur (1973) et modifications affenen tes» fasse I'dbjet dune premiere lecture. -. .'- e... i . - .... -- Premiere lecture par titre de I'an-6te intitule «Arete n-odifiant I'an-6te relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Ld surles vd4dJes6 rrrteur(1973) et modifications afferentes ». Proposition du conseiller Titus Appuyee par le conseiller Fanren RESCLU que I'arrete intituie «Arrete rrodifiant I'arrete relatif a la circr latien dans les rues de The City of Saint John edicte en vertu de la Ld surles veh oJes a rrrteur (1973) et n odfications affenen tes» fasse I'dbjet dune deuiaeme lecture. -. .'- e... i . - .... -- Dewd6me lecture par titre de I'arrete intitule «Arrete rrodifiant I'an-6te relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Ld surles vd4dJes6 rrrteur(1973) et modifications afferentes ». 123 One Nile Interchange W icipal Services Maifications Cn motion of Ca,ncillor Farren Seconded by C uncillor Mott RESCL\ED that as nec amnanded by the City N/bnage: 1. Corrrnon Council approve three additional projects in the 2005 Capital Programs as fdlo s: • General Fund Capital Program -Storm Category; Russell Street -Storm in the amount of $395, 000 uxler `other share" • Voter and Sgnerage Utility Fund Program- Infrastructure Renewal Voter Category, Russell Street - Voter in the wount of $275,000 under "other share" • Voter and Sgnerage Utility Fund Program- Infrastructure Renewal Sanitary Category, Russell Street - Sanitary in the a Tiount of $820,000 under "other share "; and 2. Contract No: 2008 -35: One Mle House In tercharrge- MAcipal Services Modifications, be awarded to the Iowtenderer, Galbraith Construction Ltd., at the tendered price of $1,484,797.40 as calculated based upon estimated quantities, and it then that the Mayor and Common Clerk be authorized to execute the necessary contract docunT3 ts. Question being taken, the motion was carried (Couricillor Nllen re- entered the meeting.) 123 Echangew One Nile House- Mocifications des services nwicipaux Proposition du conseiller Farren Appuyee par le conseiller Mott RESCLU que, oomYe le recomnurrde le directeu- 1. le ocnseil eonmrral approuve comye suit I'4out de trois projets dans les 24 94-52 COMMON ©oLMUCONSBL CANNLAVAL September 29, 200SU 29 septembre 2008 • Prograrme, dirrrrubilisations du fonds dada inistration - categorie des terrpetes; rue Russell - terrpete au montant de 395 000 $ sous la rLbrique «oaats parta*s »; • Prograrme, dinvestisserrernt du fonds du reseau daqued.ic et degouts - categorie de renauveller r ert de l'infrastnudure pour les services daq rA c, rue Russell - services daclueduc au rrontaht de 275 000 $ sous la rubnque «oouts partages »; • Prograrr e dinvestisserrernt du fonds du reseau daqued.ic et degcuts - categorie de renouveller r ert de l'infrastnudure sanitaire, we Russell - infrastructure sanitaire au montant de 820 000 $ sous la rubnque «oouts partages »; 2. le contra n° 2008 -36, relaif a 1'echar>geur One Mle House- rracifications des services m nicipaux, sat accorde au scurrissiornaire le rrans cisant, Galbraith Construction Ltd, au prix dfert de 1484 797,40 $, etabli a partir de quantites estimatives et, de plus, que le n-dre et la geffiere ccnTax ale scient autaises a signer les docu rents ocrrtractuds neoessaires. (Le conseiller Nllen reintegre la seance.) 124 Bn ns Mck Drive and Paul Harris Street Witerrnain and Stain Sewer Installation and Street Peconstniction Cn motion of Councillor Fan-en Secor>cled by Deputy Mayor Chase RESCLVED that as recorrmer>ded by the City Manager, Contract 2008 -34: Buxnsmck Drive and Pad Hams Street - V\btemnain and Storm Sekner Installation and Street Reconstruction be awarded to the Iowter- derer, Galbraith Construction Ltd., at the tendered price of $1,430,224.05 as calculated based upon estini tied quantities, and further, that the Nleyor and Cchihlon Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried 124 Rromenade Bn &Mck et rue Paul Harris - installation de la conckite Beau principale et des egm is pluviaux et refection de la promenade et de la rue Proposition du conseiller Farren Appuyee par le n-dre suppleant Chase RESCLU que, comTe le recmTmr de le directer r general, le oontrat n° 2008 -34, relatif a la promenade Brun lck et a la nue Pact Hams - irnstallaien de la oonduite dean principale et des egouts pluviaux et refection de la promenade et de la nue, sat accorde au sourissiomaire le mar&cisant, Galbraith Construction Ltd, au prix dfert de 1430 224,05 $, etabli a partir de quantites estirratives, et, de plus, que le n-dre et la greffiere c or T unale scent autorises a signer les docu rents oerrtractuols neoessaires. A Tissue du vote, la proposition est adoptee. 125 Stancing C Tiniittee System On motion of Deputy Nbryor Chase Seconded by Councillor Fan-en RESCLVED that as recd rmended by the City Nbnager, Comm on Council schedule a special meeting in open Corrrrittee of the VV-de for Thursday, October 9, 2008 to hold a teach in on the Com flee system as %ell as remewthe request that the City is nhalgng to the Bald Canada Fund. Councillor Titus indicated that Council should meet prior to October 9`" to disa,rss these rratters. Question being taken, the motion was carried v& Councillor Titus voting nay. 125 Systeme des comtes pemvinents Proposition du n-dre suppleaht Chase Appuyee par le conseiller Fan-en 25 94-53 COMM COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 RESCLU que, came le recorrnande le directeu- general, le oonseil oamUnal tienne ure reunion extraordnaire publique du oon ite pl&nier lejeud 9 octobre 2008 dens le but dorgariser un s6n it eire sur le system du cant-- et dexan finer la demnde que la rtnidpalitb a acressee au Fonds Chantiers Canada Le oonseiller Titus indique que le Conseil devreit se r&uir avant le 9 octobre pour ciscuter de ces questions. A ('issue du vote, la proposition est adopt&--. Le conseiller Titus vote centre la proposition 126 Designation of Nknicipal Personnel as Inspectors - Clean Water Act Wn rrotion of e puty MWor ame Seconded by . . . REBWED that as reammided by the City Manager, the report on the designation of M.nidpal Pemornel as Inspectors for the Clean V\&ter Act be received for irforn ation. Question being taken, the motion was carried 126 Designation du personnel nunicipal en tart qd inspecteu-- Lon sur I'assainissernerrt ae Pew Proposition du neire suppleant Chase Appuy&e par le conseiller Shcivan RESCLU que, car m le mocrnnunde le directeu- general, le rapport sur la designation des employes m xnidpaux a titre dinspecteurs dans le cadre de la La surl'assairisserrant del'eau sat accept& a titre irforratif. 13. Committee Reports 13.1 Proposed Forest Fills Estates Subdivision Phase 4 The Corrnm Clerk advised Council that rewirforrration has been provided to the Coamssioner of Planning and Development \mth respect to item la 1, and therefore, a rew report on this issue is being developed by the Plarning Advisory Carmittee. Cn motion of C uridllor Titus Seconded by C uridllor McGuire RESCL\/ED that the submitted report from the Plarning Advsoy Corrmttee recomnpnding that Council not gve its assent to the Forest Fills Estates Sl.bdiivision, Fhase 4 subdivision plan be received for information. Question being taken, the motion was carried 13. Rapports deposes par les conites 13.1 Projet de lotissemerrt Forest Fills Estates, phase IV La g-effibre commrale indique au canseil que le corrrissaire a I'ubanism et au developpernent a repu de nouveaux renseignerents relativemnt au pant 13.1 et que, par consequent, le Comitb conscltatif durbanism est en train ddaborer un nouveau rapport sur cette question Proposition du oonseiller Titus Appuy&e par le conseiller McGuire RESCLU que le rapport present& par le Comitb consultatif durbanism, recon randant que le Conseil ne dame pas son avail a la quatri&m phase du plan de lotisserrent Forest Fills Estates, sat aoVb a titre irformatif. 13.2 Raring Advisory Committee Ong Tawrti use Development 26414 Rgral Parkway 94-54 COMMON OOLMUCONSOL CANNLAVAL September 29, 200SU 29 septembre 2008 Ch notion of Councillor Fan-en Seconded by Councillor Men RESCLVED that as recoTTTBrded by the Planning Advisory Corrrittee: 1. Cam-on Ca ml assent to one or more subdivision plans for the submtted Hllcrest Heights North Subdivision to the proposed public street and arty required nwicipad services and public utility easerrfnts for the fdloWng lots only 6-N, 7 -N, 8-N,9-N,15-N,and 16-N. 2. Corrrnon Ca ml authorize the preparation and exeaation of one or rrnre Qty /Devdoper Subdivision Pgreerrents in order to ensues prevision of the required vx* and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the notion was carried 13.2 Pecamrrarxlation du Comte corrsultafif durbarrisme Asarrt I'am&mgenrent de nraisons en rangee situees au 26-44, promeroJe Royal Proposition du conseiller Farren Appuyee par le conseiller Men RESCLU que, oonTre le recorrrrande le Conte Consultatif durbanisrre : 1. le Conseil oommral approuve le oa les plans de lotisserrent afFerents au lotisserrent Hllaest Heights North qui a ete presente, la devduticn de la n ie publique proposee et toute servitude de services m nidpaux ou dentreprise de service public e)agee pour les lots suivaits uriquement : 6-N, 7 -N, 8-N, &N, 15-N et 16-N; 2. le Conseil omTaAre l autorise la redaction et la signature de contrats de lotisserrent entre la Ville et le pro roteur afin de pern ettre 1'executicn des travaux requis et la nise en place des instailations rreoessaires, y corrpris I'elaboration de plans de situation et de dainage detailles saxes a I'approbation de I'ingenieur nwicipal en d-d. 13.3 Ranning Advisory Cormittee Ong Fillcrest Heights North St bd ision Ch notion of Councillor Men Seconded by C un illor Fan-en RESCLVEDthst as recarr mnded by the Planning Advisory Corrrittee: 1. CcrnT rr Council assent to one or more subdivision plans, in cne or more phases, in general acoordance \t& the sr bnitted photo-reduoed tentative subdivision plan, as v\dl as assent to any necessary m nicipad services and public utility easerrents. 2. Ccrrrrw Cour>cil aA-onze the preparation and execution of one or rrbre Qty /Developer Subdivision Argreerrents to ensure provision of the required vx* and facilities, including detailed site and drainage plans for the approval of the Chef City Engineer. 3. Ccrrrrw C ml a do ize cost- sharing outside of lirrits of the proposed subdivision in as ordance\t& Section 26 of the Subdivision B)�-Ladv. Question being taken, the motion %as carved 13.3 Conine corrA tatif durbanisme reconrr edam I'approbation du lotisserrerrt Fillcrest Heights North Proposition du conseiller Nllen Appuyee par le conseiller Fanen RESCLU que, oonTre le recd Trande le Conte consultatif durbanisrre : 27 0 COMM COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 le ccnseil ooirr axd approuve le ou les plans de lotisser ent en we cu plusieus phases oonfomtrrent, de rrani&re generate, au plan de lotisserrent pr- crosare avec photo reduite ainsi que toute servitude de services nwicipax ou dentreprise de service public emgee; 2. le ccnseil ooirr axd autorise la ruction et la signature de ocntrats de lotisserml entre la Mlle et le prornoteur afin de perrnettre 1'exba Lion des travaux requis et la n ise en place des installations necessaires, y conpris I'daboration de plans de situation et de dainage detailles scup is a 1'approbation de l'ingenieur m nicipal en d-d-, a le ccnseil ooi n nal autonse le partag= des oouts auKlela des lin ites du projet de lotisserml, confomtrrant a I'artide 26 de I'ar&tb de lotisserrent. 13.4 Management Employees Salary Increase Cn motion of Councillor Sullivan Seconded by Councillor Nllen RESW ED that Manageirernt Employees receive a 0.5% salary increase, retroactive to January 1, 2005. Question being taken, the mmtion was carried with Deputy Mayor Chase and Councillors Titus and Fan-en voting nay. 13.4 Augmentation salariale des cadres Proposition du conseiller Sullivan Appuy&e par le ccnseiller Nllen RESCLU que Ies cadres regavent une augmentation salariale de 0,5 °/g aveceffet retroactif au 1e'jarvier2008. A ('issue du vote, la proposition est adopt&--. Le n-dre suppleart Chase ainsi que Ies ocnseillers Titus et Fan-en votent contre la proposition. 13.5 Deport from City Solicitor Alan AVVIliams -60 -Inch Pipeline Cn motion of Ca,ncillor Titus Seconded by Caxncillor McGuire RESCUED that the City Solicitor, or a desigrte thereof, is hereby authorized to ccrrrance appropriate legal proceedings in the name of the City of Saint John against Allan A VVIlia -s for the purpose of protecting the structural integrity and functionality of the Otys 60 -inch voter pipeline passing through the VVIliams property (identified by R D No. 00287474) should the engineering report prepared by CBCL a dor Conquest Engineering objectively identify Mr VVlliams' activities over and around the said pipeline as constituting a threat thereto. Question being taken, the mmtion was carried 13.5 Rapport de I'avocat nis icipal ayant trait a Allan A V\flliams - canalisation de 60 po Proposition du conseiller Titus Appuy&e par le ccnseiller McGuire RESCLU que I'avocat m xnicipal, ou son repr&sentant correspondent, sat autonsb, par Ies presentes, a entarf- une you suite pour le cove de The City of Saint John contre Allan A VVIliams afin de prot&ger l'int4tb structu-ale et la foncticnnalitb de la canalisation Beau de 60 po de la m xnicipalitb traversant la pro btb de M VVlliars (inscrite sous le NI D 00287474) si le rapport technique r6dig6 par CJBCL cu Conquest Engineering determne objectiverml que Ies activites de M VVllians au lessus et a ittcur de Iacite canalisation constituent we rranace a oet 6gard. 13.6 Deed of Gift - Brunswick Pipeline Cn motion of Councillor Titus Seconded by Caxncillor McGuire RESCUED that Comm Council authorize and sign the Deed of Gift report fromthe City Solidtorwhich outlines the $2,000,000 e ncbmm t fund committed by Bm -&mck Rpeline to the Saint John Horticulture 28 94-56 COMMON ©OLMUCONSBL CANNLAVAL September 29, 200SU 29 septembre 2008 Association, and furthermore, that Caxxal refer to the noninating con-mittee the appointment of tvz individuals to serve the City of Saint John's original administrators under the Deed of Gift. Question being taken, the motion was carried 13.6 Contrat de donation - Bmr&Mck Pipeline Proposition du conseiller Titus Appuyee par le conseiller McGLire PtSCLU que le Conseil oonT .rral autoise et sign le rapport sur le contrat de donation de l'avocat nx ridpal irdquant que 1'entreprise &unsWck Pipeline s'est engagee a rerrettre un fonds de flotation de 2 000 000 $ a I'Association dhortio lture de Saint John, et, de plus, Clue le canseil s'adresse au Comte des candidatures pour norr rer deux permnnes levant rerplir la forxtion des adn iristrateurs iritiaux de The City of Saint John en vertu du contrat de dotation. A Tissue du vote, la proposition est adoptee. a1 Affordable Housing • • • • • • • a•• • -• • • • • •• by Caxrcil to work \t& the Affordable Housing Strategy Planing Group in an effort to seek funding from the Province so that the City of Saint John can dedicate a staff person, or an agency of the City, to provide leadership and work \t& housing stakeholders to develop affordable housing solutions for inmediate action. Question being taken, the motion was carried Proposition du conseiller Titus Appuyee par le conseiller Shook PtSCLU que le conseiller McGdre sat norm-6 par le canseil pour travailler en collaboration avec le grape detablissernent de strategies en m atiere de Iogem ants abordables pour obteir du finanoemn?nt de la part du gauvernerrent prwnaal afin clue The City of Saint John puisse designer un erploye m micipal au un organism>? de la nx ridpalite pour assurer le leadership et travailler de ocnoart avec Ies irieverents au clnapitre des Iogements en vue delaborer des solutions afferentes aux Iogemn?nts abordables necessitant ure prise de rresu-es in radiates. 14. Consideration of Issues Separated from Consent Agenda 14. nude des sujets 6mvt6s des questions soumises a I'approbation du conseil � tee";- :"r.7[�•.i �.•.•.�.��.- sibs •.��....•.�.�.- .��r 16. Adjournment The Mayor declared the meeting adjourned at 10:00 p.m a 94-57 COMM COLMUCONSOL COMA AL September 29, 2008/Le 29 septembre 2008 16. Lev6e de la seance Le mare dedare que la seance est levee a 22 h N/byuftdre Lamm a Wg-effiere ccmTunale 0 901 Foster Thurston Drive Saint .john, NB E21K SH9 Phone (5061634 -1440 Emailnonheark@rogers.com www.cherrybrookzoo.com k s efouw iYurd '?,"? f BOARD OF TRUSTEES Lynn Smith Chair Sam Shaw Vice chair Dr. John S. Mackay Past chair Guy Barbara Rick Demone James (Rory) Grant Dr. Stephen Justason DVM Dr. Rachel Morehouse Brian D. Munro Theresa Mullin Alice O'Neill Mac Truemen Dr. Edward Walter DIRECTORS Leonard M. Collrin Lynda Collrin Ex OMclo His Worship the Mayor Ivan Court & Members of Common Council PO Box 1971 Saint John, NB E2L 4V1 September 17, 2006 Dear Mayor Court and Members of Common Council, The City of Saint John has entered an exciting period of development. The implications of Vision 2015, together with growth of the city's "energy hub" image, give reason for optimism — indeed excitement - about the economic development, population growth and quality of life that will characterize our community. Cherry Brook Zoo wants to play an integral role in our city's transformation. Like the City itself, the Zoo envisions a bright future and is excited to be part of the new growth and vision of our city. This has led us to develop a revitalized plan for future development in which the City is a significant, active partner. This partnership would be reflected in a proposed visible promotion of this facility as the Saint John Cherry Brook Zoo. As Saint John positions itself to become an "energy hub ", there is a need to balance the image of an area of 'pipelines and refineries' with one that visibly demonstrates its commitment to quality of life and an investment in conservation, the environment and our children. A partnership with the City of Saint John would support the emergence of the Saint John Cherry Brook Zoo, a facility focused on these values. The recent provincial report of the Non - Profit Task Force, spoke of the need to regard non - profit funding not as expenditure but rather as an investment that pays dividends, just like the business sector. The Zoo has proven to be a good investment. Previous municipal funding produced a 2 million dollar facility that is completely debt free. The enclosed budget request will support the Zoo's intent to move beyond survival mode to a position of true growth. Renewed funding will allow the Zoo to expand in exciting directions by moving its financial efforts to attracting significant capital and program partners in the corporate and other government sectors. We have enclosed a summary of our budget request together with full documentation and rational as well as other related documents. We would request the opportunity to present at a meeting of Common Council to elaborate on the budget rationale and future plans, and to answer any questions Council may have with respect our vision for a Saint John's Cherry Brook Zoo. Respectfully submitted on behalf of the Board of Trustees and Directors of Cherry Brook Zoo. Lynn S th Chair B r of T s e es erry 13rook Zoo RVQ- &Di� Lynda Collrin, Director Zoo Development, Cherry Brook Zoo (volunteer unpaid) � ,l11i P V3 Ni Saint 901 Foster Thurston Drive Saint John, NB E2K 5H9 Phone (506) 634 -1440 Email noahserk@rogers. cam www.cherrybrookzoo.com r) igu ?& am A axe BOARD OF TRUSTEES Lyra Smith Chair Sam Shaw Vice Chair Dr. John S. Mackay Past Chair Guy Barbara Rick Demons James (Raryj Grant Dr. Stephen Justason DVM Dr. Rachel Morehouse Brian D. Munro Theresa Mullin Alice O'Neill Mac Truemaa Dr. Edward Walter DIRECTORS Leonard M. Collria Lynda Collria Xx OMclo Protecting ourFuture Enclosures • Budget Summary • Budget Rationale • Capital Projects • CAZA Letters - Accreditation Report, Letter Of Accreditation. Social and Economic Impact of Canada's Accredited Zoos and Aquariums. • Zoo Comparison Table • List Of Board of Trustees • Media Articles • Other Documents Percy Wilbur Saint John Board of Trade • Audited Financial Statements ** Note other letters of support to follow. A 1Rt,gi�swond ()ugai�lo iflo�iGn Pl 77, Saint John's Cherry Brook Zoo Inc. is requesting an operating grant in the amount of its projected 2009 deficit, $175,000.00 with a 5% increase in funding for each of the following four years, 2010- 2013. (See attached budget figures and detailed rationale) • The 2009 request is only $28,750.00 more than the City grant of $146,250 that the zoo received seventeen years ago in 1992. A majority of Zoos in Canada and the United States that receive municipal funding are currently seeking additional funding to offset inflationary growth of costs, both operational and capital. • Cherry Brook Zoo has the lowest operating budget of any Accredited Zoo in Canada even with the budget request. (See at=tached comparison chart). The Zoo raises two thirds of its operating budget and is asking for one third from the City. • The majority of accredited Zoos in both Canada and the United States that are not private institutions receive municipal and/or provincial /state funding. • The Cherry Brook Zoo was the first accredited Zoo in Atlantic Canada. For direct comparison purposes, the only other currently in the region is the Moncton Zoo which has an operational budget, fully funded by the City of Moncton, in the amount of $1.5 million dollars plus an annual capital amount of $100,000. Cherry Brook Zoo is and wishes to remain, an incorporated not - for -profit as opposed to a municipal operation thereby contributing to its uniqueness, significant cost - efficiencies and, assuming a stable operational budget, the ability to leverage other funding sources. • This budget submission is also presented in response to the National Accreditation Commission requirement that we illustrate financial security (see CAZA letter). The Commission recommended that we present to our municipality a request for funding to ensure an adequately funded Accredited Facility for the five -year period of accreditation and beyond. • International Species Survival Programs (SSPs), including those of the Smithsonian Institute and the Brazilian Rehabilitation Center, as well as other SSPs require specific assurances for certification that the highly endangered species entrusted to the Cherry Brook Zoo in Saint John, New Brunswick are secure and that long term financial plans are in place. • Cherry Brook Zoo is requesting that the City of Saint John invest in a national accredited facility that is regularly cited as one of the city's Top Ten tourist attractions. • Much like the city's aging stadiums and arenas, the Zoo's 30- year -old facilities are in need of repair and, in some cases, replacement. Common Council has recognized the need to invest in existing recreational infrastructure. The Zoo has neither received nor requested capital funding from the city. Rather, by the providing stability to its operational budget, the city will enable the Zoo to once again begin significant capital projects that have been put on hold, leveraging the city's contribution to secure additional funding sources, both public and private. (See attached capital projects list.) • The Zoo's request for funding reflects the City's priority list of providing support for recreational facilities and cultural spaces. (Note: Cherry Brook Zoo, including Vanished Kingdom Park, is a member of the Canadian Association of Museums.) As well, the Zoo reflects the City's priority on conservation and can provide educational support for the City's efforts in this regard. 33 Saint John-s Cherry Brook Zoo will commit A) Financial recognition of the support provided by city tax dollars: • Provide Free Group Admissions to the Zoo for all City of Saint John' Leisure Services Children's Summer Programs. • Provide a $50.00 credit for residents of the City of Saint John to be applied to the annual family membership fee of $150.00 applied thereby reducing their cost to $100.00. • Provide a $25.00 credit for residents of the City of Saint to be applied to the Junior Zoo Keeper Camp Fee of $150.000 thereby reducing their cost to $125.00. B) Support of the City of Saint John's assets and priorities by providing: • A debt free, nationally accredited facility, currently worth over 2M dollars (not including animal stock) that includes extensive, high - interest and educational walking trails plus an outdoor miniature golf course. • An outdoor recreational facility, attractive to both residents and tourists, which have been shown to have a high cross - generational appeal. • Global recognition of the City of Saint John through: a) continued participation of Saint John's Cherry Brook Zoo in international conservation programs; (b) links to the City through the Zoo's website and planned web cams. • Expansion of the Zoo and thus enhancing the city's assets by embarking on a strategic capital building plan that will incorporate additional public and corporate funding sources /partnerships. • Enhanced real estate values in the city. (Letters from businesses to follow) • A quality of life indicator that will enhance the City's efforts to attract new residents. • Visible confirmation of the city's commitment to conservation on a world -wide basis. • Continued support to both public school and post - secondary institutions through educational programs and relevant work experience opportunities. • An affordable admission rate that will generate necessary revenue while, at the same time, making the Zoo accessible to the greatest number of residents possible. (See comparison chart on Family Rates.) 2 34 Cherry Brook Zoo Inc. Statement of Operating Revenues & Disbursements Budget 2006 & 2007 Y/E Budget Forecast 2008 & 2009 Actual Actual Projected Projected Revenue 2006 2007 2005 2009 Grant City of Saint John $ - $ - $ _ $ _ Gate Income/ Friends $ 120,733.00 $ 131,867.00 $ 136,000.00 $ 145,000.00 Donations $ 39,782.00 $ 56,059.00 $ 46,000.00 $ 50,000.00 Retail Sales $ 31,942.00 $ 25,748.00 $ 26,500.00 $ 31,000.00 Canteen /Birthday Party's 1 Seminars $ 20,837.00 $ 18,317.00 $ 22,500.00 $ 21,000.00 Spec. Event - Fund Raisin $ 35,493.00 $ 38,412.00 $ 40,000.00 $ 45,000.00 Zoo Fund Raising Campaign Select 100 $ 15,490.00 $ 5,261.00 $ 5,260.00 $ 1,260.00 Sub total $ 248,787.00 $ 275,664.00 $ 276,260.00 $ 293,260.00 Disbursements Wages /Employee Benefits $ 186,276.00 $ 188,450.00 $ 195,265.00 $ 209,425.00 Workers Comp. $ 2,316.07 $ 2,120.00 $ 2,500.00 $ 3,000.00 PropertyTaxes Heat/Lights /Power $ 18,962.00 $ 20,231.00 $ 22,000.00 $ 24,500.00 Telephone Services $ 3,931.00 $ 5,054.00 $ 5,100.00 $ 5,500.00 Uniforms $ 1,198.00 $ 1,064.00 $ 1,000.00 $ 1,000.00 Animal Purchase $ 3,428.00 $ 12,251.00 $ 12,500.00 $ 20,000.00 Animal Care - medical $ 3,942.00 $ 8,837.00 $ 8,500.00 $ 8,500.00 Animal Feed $ 10,673.00 $ 14,845.00 $ 15,000.00 $ 18,500.00 Vehicle Expense (gas, repairs, insur) $ 14,771.00 $ 15,581.00 $ 15,500.00 $ 16,000.00 Professional Memberships $ 1,734.00 $ 2,225.00 $ 2,500.00 $ 3,500.00 Training & Development $ 2,390.00 $ 4,889.00 $ 3,800.00 $ 7,350.00 Repairs & Maintenance $ 34,815.00 $ 16,062.00 $ 20,000.00 $ 25,000.00 Miniature Golf $ 30,000.00 $ 11,000.00 Advertising & Promotion $ 2,392.00 $ 4,201.00 $ 8,000.00 $ 15,000.00 Bank Charges - all accounts $ 2,899.00 $ 3,302.00 $ 3,300.00 $ 3,300.00 Professional Fees $ 3,795.00 $ 4,945.00 $ 5,000.00 $ 5,500.00 Insurance (property and liability) $ 15,810.00 $ 10,655.00 $ 10,500.00 $ 11,000.00 Office & Administration $ 13,434.00 $ 14,598.00 $ 12,500.00 $ 15,000.00 Miscellaneous $ 3,844.00 $ 1,224.00 $ 1,000.00 $ 1,000.00 Fundraising $ 6,998.00 $ 7,736.00 $ 7,500.00 $ 10,000.00 Canteen/ Birthday /Seminars $ 10,718.00 $ 10,452.00 $ 10,500.00 $ 10,500.00 Equipment $ 7,405.00 $ 1,491.00 $ 5,000.00 $ 6,500.00 Retail purchases $ 17,743.00 $ 13,258.00 $ 13,500.00 $ 15,000.00 New Truck monthly expense $ 6,000.00 Security electronic/webcams enhancements $ 16,185.00 Sub total disbursements $ 369,474.07 $ 363,471.00 $ 410,465.00 $ 468,260.00 Net Gains loss o erational (578101.7 0 a )l $ (13'34,205. 110), (175,100,10 .0 01) City Grant Request $ 175,000.00 Year End /Deficit 0 Prior year surplus I [deficit] 5 0 015,,1 97'.1:7(:)) (1 x'1,5, °197 01110, (1 i13, „0,i3 .0,10) Surplus 1 Deficit carried forward P [Deficit] ] �� 1��,��13��.i�,�13r�, � ��, 9 �"��.��3�'3.010) $ (31 1101j)D'y Miniature Golf Net against carry forward $ 10,000.00 $ 15,000.00 Deficit owed Growth & Enhancement Fund (317120:3.010) _,..._ .......... ... _ ( 301 ,201,1 ,001) 35 Brook • •i 11perational 2009: Rational—,;. OVERVIEW BUDGET FIGURES: 2006 -2009 Revenues 2006 Actual Revenue 2009 Projected Revenue = an increase of Expenditures 2006 Actual Disbursements 2009 Projected Disbursements = an increase of $248,787.00 $293.260.00 $ 44,473.00 or an increase of approximately 15.5 % $369, 474.00 $468,260.00 $ 98,786.00 or an increase of approximately 26.5% • Growth in revenues over the past three years has been more than offset by increased costs. • Growth in total disbursements reflects increases due to inflation as well as costs incurred due to aging facilities and stock, and increases for professional development, security. • Cherry Brook Zoo is not unique in this financial situation. A majority of Zoos across North America are facing financial pressures and require increased levels of support. Unlike other non - profit Zoos, Cherry Brook Zoo receives no funding from its municipality or any level of government. (See enclosed Times & Transcript article — July /08) • In spite of inflation (a total rise of more than 200% since the Zoo opened in 1977) and the elimination of municipal funding in 2001, the Zoo has managed to maintain repairs and pass stringent Accreditation inspection but please note a letter from the National Zoos and Aquariums Accreditation Commission included in this package. It indicates the absolute necessity to acquire stable funding in the current year. • Revenue figures do not reflect the Growth /Enhancement Fund (established to manage significant bequests /estates) except to show allocations from it to cover annual deficits. • Revenues/ Disbursements do not reflect grants/ expenses for summer students through SEED, SCP, and NB Aboriginal People's Council, which is essentially money in / money out. • Standard practice among zoos is to use significant bequests and estates to support growth and particular enhancement projects as well as programming. Such a Fund also provides the ability to "leverage" these dollars to receive funding from other sources for growth projects. Cherry Brook Zoo, however, has only been able to expend small amounts on projects; instead, out of necessity, the Zoo has had to use its Growth Fund to "keep the gates open" these past years. And the absence of any municipal support has reduced its ability to apply for other public or corporate support. • If the zoo had been able to use this money for capital expansion instead of "keeping the lights on and animals fed" the Cherry Brook Zoo would look much different today. Since 2004 more than $300,000.00 has been spent from this Growth and Enhancement Fund to offset annual operating deficits, leaving a very limited amount left in reserve. If the Zoo .:92 continues on this path not only will it be unable to undertake capital improvements or new /replacement animal purchases, it will have no way to offset annual deficits. According to the most recent auditor's report, the Zoo will be looking at possible closure within two years. REVENUES: Revenue lines projected do not reflect City Grant request of $175,000.00 for fiscal year 2009. Though revenues show various increases in Gate, Retail, Canteen, and Donations figures also reflect a decrease in the Select 100 Campaign. This campaign, like many, is a short - term project that did assist in operational funding in the first wave and has decreased steadily over years. After much consideration and review it has been decided that this particular type of corporate support is better suited to a capital building campaign that will be revamped in the future and reinstated for this purpose. • Budget figures do not reflect the valued amounts of in -kind goods or services from individuals and companies which is substantial and critical to the zoos day -to -day operation. Budget figures do not reflect value of volunteer time. Approximately 5,000 man hours are donated annually as volunteer time in support of zoo activities. The Zoo's revenue - generating special events could not take place without the large number of volunteers who play an integral role in these as well as working on birthday parties, gardening, tours, etc. Special Animal Volunteers also spend a great deal of time working with designated animals for both enrichment and programming for public exhibits. • Current admission rates, taxes included: Adults Senior /Student Youth(13 -17) Children $4.25* $8.00. $7.00. $6.00. Children 3 *'"Family Group rates - Yearly Members Fee 2009 and under (2 adults + 2 children) restrictions apply. $Free $21.00 $3.75 $150.00 * The Zoo's vision for the future would be to eliminate the charge for all children but that would require a higher sustainability funding quotient. ** See attached rate comparisons for other zoo across Canada • Approximately 35,000 + thousand people visit the Zoo annually. • The most significant changes in revenue include: Gate Revenues Revenue from admissions has been slowly but steadily increasing, from $120,733.00 in 2006 to $131,867.00 in 2007 and an estimated final tally in 2008 of $136,000.00. There is another increase projected at $145,000.00 in 2009. 37 2006 and 2007 show audited figures. This reflects an increase from 2006 to 2009 of $24,267.00 with no increase in admission prices. By keeping our admissions at the same rate we are trying to make our facility accessible to all income levels Gate revenue cannot go higher without an increase in admission prices and/or the number of visitors. Without growth, enhancements, and expansion the zoo cannot realistically increase its prices and will be challenged to increase visitation numbers. Budget restraint has severely limited the extent of advertisement that might otherwise increase gate and lack of public transit limits accessibility to the facility for many. Donations This figure reflects the total dollars received from (a) regular monthly sponsors, (b) donations received from annual letter campaign, and (c) one time donors. While the budget shows a small projected amount for 2009, the amount total is down from 2007 when a bequest was received and designated for operational expenditures. The major challenge facing the Zoo in terms of raising donations has been the tremendous increase over the past 10 years in large -scale fund raising events by hospitals and other large organizations, most of whom have full -time executive directors. The millions of dollars raised annually in the City for these worthwhile events have greatly limited the ability of smaller not -for- profits to tap into the 'giving pool' and attract corporate sponsorship. Retail Sales Retail sales show a gross increase from $25,748 (Net $12,488) in 2007 to a projected $31,000.00 (net $16,000), a gross increase of $5,252 in 2009. The increase reflects a growth in profit margins due to continued efforts to identify new wholesalers and products for the Gift Shop. There is great potential for future increase in this area. Such increases would be dependent upon: a) Expansion of the size /scope of the retail outlet, a capital cost; b) Increasing the Zoo's advertising budget: c) Public transportation to and from the zoo: and d) Tapping into the City's Cruise Ship Market; Special Events Figures show an increase from $35,493.00 in 2006 to a projected $45,000.00 in 2009. This is due to growth in Children's Zoo Camp bookings, and increased visitation to special events such as Haunted Zoo and Christmas Pageant along with growth of a new Summer Festival, Christmas in July (this year in partnership with Rising Tides Festival). These events could be greatly expanded with additional money for advertising and purchases of supplies and, of course, accessibility to public transit. At this time Summer Zoo Camp is currently at maximum capacity but increased funding could allow for new programming at different age groups and at other times of the year in the future. IN DISBURSEMENTS: • The most significant changes in disbursements include: Waaes and Emalover Costs Due to limited finances, full -time Zoo staff has received no cost of living raises for many years. The wages /salaries the Cherry Brook Zoo pays are far below industry wage and staff members have no pensions nor receive any overtime pay. Recognizing that NB minimum wage has increased significantly since 2006 (from $6.00 to $7.75 per hour), it was decided upon review that Zoo staff wages should reflect a similar increase. While not able to increase staff pay by the same percentage rise as minimum wage, an effort has been made to reflect it and the increase in cost of living. This was implemented starting in the last four months of 2008. Staff consists of 1 Chief Administrative Director, 4 full -time Zookeepers, and 1 full -time Office Administrative Assistant plus 2 part-time gate staff. The current staffing level shows a decrease of 50% from when the Zoo opened in Rockwood Park in 1978 and employed 12 fulltime persons. Heat and lights Figures show an increase from $18,200.00 (2006) to $24,250.00. This is an accurate reflection of the received monthly billing that has been sent. Animal purchases The $20,000.00 expenditure is set at the same level as 2007. This reflects several needs: (a) to replace aging animals ; (b) to increase animal species and specimens at the Zoo to once again exhibit an adequate animal population; (c) to continue work in International Species Survival Programs for which it has gained recognition; (d) to begin working with Canadian Species and those of the 491h Parallel to address the new issue of climate change This budgeted section was at the recommendation of the National Accreditation Committee that feel a minimum 10% percent of budget should be for animal population. The Cherry Brook Zoo has been forced to compromise at 5% even though we know that the level of our animal population has fallen and we have not replaced several species. As we have an aging population this must be addressed in the very near future. 4 KE Professional Training and Development This reflects the increased costs related to professional conferences, volunteer training and supplies, attendance at gift shows for sourcing of wholesale stock, and need for proactive animal sourcing for animal purchases and acquisions. Repairs and Maintenance The figure shown does not include equipment and vehicle expenses that are necessary to the daily functioning of the zoo. This budgetary matter was also a source of concern to the National Accreditation Committee who felt our Zoo should have a designated budget line of 20% of operational. The Zoo has chosen to keep it closer to 5% and feel that this reflects an adequate budgeted figure to assure safe care of the facility and enable scheduled maintenance plans. As is the case for upgrading aging municipal facilities such as stadiums, arenas and playgrounds, the Zoo, now 30 years old, must consider increasing this budget line in the future. Advertising and promotion This is integral to bringing visitors to the facility and thus increasing revenue through both gate and retail. The budgeted figure, though increased from the previous year, is well below the usual percentage needed to begin a planned advertising program again. The increase from $3500 to $8,000 to $15,000.00 is also not in line with marketing standards of 20% of operational budget The main consideration in setting the amount for 2009 was to keeping the bottom line as low as possible while still maintaining an adequate amount. In order to bring awareness of our facility to both tourists and our communities, the Zoo must expend advertising dollars to increase visitation. Fundraising The budgetary increase from $7,500.00 to $10,000 reflects costs incurred in the Zoo's efforts to bring about new and improved programs and festivals to our facility and the City of Saint John. It also shows the need to purchase equipment for animal training in relation to events such as a special saddle for the Llama and a horse cart for use with the miniature horses, reindeer and donkey. The Zoo has for many years offered a series of annual events: Easter at the Zoo, Mothers Day, Canada Day, Anniversary Day and the three night Halloween Tours (3 nights) and the three night Christmas Holiday Pageant. In 2007 the Zoo initiated a Christmas in July Festival that has proven highly popular. This year it was included within the city -wide Rising Tides Festival. The Zoo is considering expanding the current one -day event to a two -day festival for Christmas in July. Also in the planning stages is a new fall festival that will run for several weeks, and hopefully, in the future expand to a city wide event. 40 The money raised through special events would normally be allocated for special projects that serve as encouragement to volunteers who can see the product of their efforts. Unfortunately, due to the elimination of outside funding, the Zoo has had to divert all funding raised though these events into the regular operational account. Tiger Claws 18 -Hole Miniature Golf Course The 2008 disbursements show a projected $30,000.00 has been spent on setting up an 18 Hale miniature golf course. This item has been part of the Zoo's strategic plan for several years. It was felt the expenditure was justified in this year as the course would result in revenues that could go toward paying back some of the Growth /Enhancement Fund with a projected $10,000.00 net in 2008 and $15,000.00 in 2009. The decision to build a miniature golf course at the Zoo grew from the observation that there were limited recreational options for families and young people in our community as well as for tourists. It has been several decades since such a facility operated in Saint John even though research indicates the great popularity of this pastime. The City will benefit from having another outdoor, family - orientated attraction to add to its promotional efforts. Opened in mid -July, the course has received a very positive public reception and has proven to be a "cross - generational" attraction. In spite of very limited promotion, there has been a steady increase in youth, young adults, seniors, as well as families coming out to play. The Zoo feels that this will also increase gate revenues in the future as many new visitors, coming specifically to the golf course, have also chosen to visit the Zoo itself. There is significant potential for increased revenue from this source. The main challenge is very limited advertising dollars. (The figures shown are estimates as we do not have historical data for a full year to measure by at this time). As with everything at the Zoo, weather plays an integral role in meeting our revenue objectives for this facility. Truck Expense It has become an absolute necessity for the Zoo to acquire a replacement truck with plow Zoo which accounts for the $6000 expenditure shown in the budget. The current vehicle is a 1999 Ford with well over 250,000 miles. The decision was made to purchase a used vehicle with a bank loan and most likely a 5 -year payment plan at $6,000.00 per year ($500.00 monthly). It should be noted that this will be the only outstanding debt of the Zoo, other than money diverted from its Growth Fund to operational. Other Zoo equipment is dated and needed repairs to keep equipment running are now beginning to add up. In addition, there is a need to purchase additional equipment that would include such things as a small Bob Cat, Gator / ATV for servicing the zoo, and a snow blower. 6 41 Security a) The recent theft of a highly valued monkey from Cherry Brook Zoo attracted world -wide attention and confirmed that the Zoo the need to install proper electronic security. The cost is estimated at $25,000 and would be phased in over a five year period, hence the $5000 annual budget line. This is unfortunately a business necessity to ensure the safety and security of the zoo site and is more cost effective than hiring a full time security force. At the same time the Zoo hopes to be able to incorporate web capable cameras that will feed to its web site and therefore increase not only security but web traffic. Such animal webcams have proven to drive a tremendous traffic to a site. Statistics show that this type of web presence leads to great interest and therefore would create a new global environment for promoting the city through a tag /link on the cam images to the city website. b) Because the Zoo does not have the financial resources to hire full time security, the Chief Administrative Officer, who works a 40 hour work week, without vacation, must additionally be on site daily, every day of the week, from 5:OOPM to 8:OOAM from September to June, and from B:OOPM to 8:OOAM during the months that summer students are available for early evening shifts. The salary paid for this 24/7, 365 days a year position is definitely substandard. As we have seen the need for the Zoo to consider a more adequate level of security it has been identified with funding to provide for the position of one night part time/ seasonal / as needed basis security personnel. 42 CHERRY BROOK ZOO CAPITAL PROJECTS Capital Projects in Past 5 years: • Garage and Meat Thawing Room — new building Sponsored by: Development Assistance Program • Completion of Lion Viewing Area 1 fencing Sponsored by: Sir James Dunn Foundation and Volunteers • Zoo Camp Facility Sponsored by: Greater Saint John Community Foundation, YCAP, and Volunteers Capital Projects in next 5 - 7 years: The ability to follow these short, mid and long term goals rests entirely on financial stability in our operational budget • Tiger Claws Miniature Golf Course Time Line: new course built in 2008, enhancements to be added in 2009. Cost: $30,000.00 + Revenue Generating: to pay back CBZ Growth Fund [ *Long term plan: indoor enclosure for golf course to enable year round play] Awareness and Discovery Center: renovation and expansion Time Line: to be finished in 2008 Cost: $15,000.00 Funding : Environmental Damages Fund $8,000.00 Cherry Brook Zoo $2,500.00 In -kind sponsors, and volunteers @value $4,500.00 • Insectarium Cost estimate Time Line: Potential Sponsor • Butterfly Exhibit Cost estimate Time Line: Potential Sponsor $45.000.00 mid -term plan Estate $50,000.00 mid term plan Estate and/or Foundation • Gibbon Enclosure ('Gina's Place ") Cost estimate $60.000.00 Time Line: short term plan Sponsor: Cherry Brook Growth & Enhancement Fund 43 • 4 Wheel Drive Truck with plow (used) -- 2008 Cost estimate $ 30,000.00 Time Line: short term plan (immediate) Funding Source: Bank loan • ATV and Electric Golf Carts Estimated cost: $12,000.00 Time Line: short term plan, 2008- 2009 Potential Sponsor: Foundation Funding not approved as yet • Primate Building Cost estimate Time Line Targeted Sponsor • Paving of pathways Estimated costs Time Line Funding Source: • New parking lot Estimated Cost Time Line Funding Source $350,000.00 long term plan Foundation (or other) $50,000.00 long term plan to be identified $20,000.00 midterm plan to be identified • The People Sanctuary (Shaded Green space /Garden area for relaxation with outdoor furniture, fountains etc. Estimated Cost $6000.00 Time Line mid term plan Funding Source to be identified • Safari Camp Long term capital project in early planning stages. - • Retail Expansion Long term capital project that would see expansion of the retail outlet. This would coincide with relocation of the current meeting space and canteen into a large building outside the area of animal enclosures. This new building would also serve as a Conservation /Environment Centre for distribution of related materials and information /training sessions. This major capital project , in the very early planning stages, would be undertaken following construction of a new primate house and is highly dependent on funding options. 2 44 ANIMAL ACQUISITION • The list of wants, overseen by the animal management committee, changes frequently. • Acquisition is dependant on our Growth & Enhancement Fund for above capital buildings and animal purchases. Recent Additions Purchased in 2006 • Zebra • Reindeer • Snow Leopard — SSP Purchased in 2007 • Indian Peafowl • African Crested Porcupine Purchased in 2008 • Brazilian Agoutis • Artic Fox - to arrive in fall • Miniature Donkeys — to arrive in November SSP Changes: • Three Callimico Goeldi transferred out • One female Golden Lion Tamarin transferred in Wants • Primates Types: Capuchin Monkeys, Spider Monkeys, Lemurs Time Line: short term and long term plans Looking for specimens at this time 2008 -2009 Primate exhibit would expand with construction of new primate building • Snow Leopard Time Line: short term plan Looking for specimens at this time. Dependant on funding • Gibbons Time Line: short term plan Dependant on ability to build proper Gibbon exhibit Other • Bennett's Wallaby Time Line: short term plan Looking for specimens at this time 2008 -2009 • Dromedary Camels Time Line: mid to long term plans Dependant on space available and funding • Artic Wolves Time Line: short to mid term plan Dependant on ability to build enclosure 45 N I.N;m CAZA G��AZAC CANADIAN ASSOCIATION fV ASSOCIATION DES ZOOS ET 0F ZOOS ANDAQUARIUMSAj' 47;> AQUARIUMS DU CANADA . - ,%..O+ April 17, 2007 Accreditation Report Cherry Brook Zoo The CAZA Accreditation Commission had identified a list of six points of concern following the inspection and report from the visiting committee. All six points were communicated to Cherry Brook Zoo for a response by March 2007. The subsequent report by Cherry Brook Zoo demonstrated an enormous amount of work already completed and good planning for the future. It is evident that Cherry Brook Zoo personnel take very seriously the GAZA Accreditation program. Financial situation ThFe fiiiarini'al situation was the biggest conc rn t'or the CAZA Accreditation C umm�ssior - as it Is for Cherry Brook Zoo, There has now been considerable improvement, but since this is based at least in part on proje tions fora fund raising ca ppi n, increased number of visitors, etc, GAZA directs ti tthe Accreditation tool r6s i'on be kept up to date, on this situation through a financial report at the end of the 2009 year„ At the same, time, CAZA reiterates its willingness to assist in this area if needed. 2. Succession planning Cherry Brook has reported that the present directors plan to be in position for at least the next five years and the membership of the Board assures a certain continuity. 46 3. Public safety Repairs that were urgent were performed to the satisfaction of every member of the Accreditation Commission. The letter from the contractor as well as the photos were convincing about the quality of the work carried out. 4. Records management Separate copies are kept in different locations as required. 5. Animal Collection The llama enclosure was doubled in size by removing the middle fence. Moreover, a list of animal wanted has been sent out, demonstrating good planning for the near future. 6. Capital development program A budget was approved in January with a list of projects for the short term, middle and long term. Here again, this planning shows a credible effort to strengthen the overall situation of the Cherry Brook Zoo. In summary, the CAZA Accreditation Commission is very comfortable with granting accreditation to Cherry Brook Zoo. Congratulations. 47 GAZA G�� 1�� CANADIAN ASSOCIATION w"-"%w,r■✓ OF ZOOS AND AQUARIUMSt4Z>.W.] April 17, 2007 Mr Leonard Collrin Chief Administrative Director Mrs Linda Collrin Director Zoo Development Cherry Brook Zoo 901 Foster Thurston Drive Saint John, N.B. E2K 5H9 Dear Mr and Mrs Collrin, A ZAAC ASSOCIATION DES ZOOS ET AQUARIUMS DU CANADA It is with great pleasure that, on behalf of the CAZA Accreditation Commission, I congratulate you and your staff on the successful completion of all requirements for the Accreditation of your Institution. This is a significant accomplishment of which you can all be proud. Following your report answering all the issues raised in last year's inspection, the Accreditation Commission voted to grant accreditation to the Cherry Brook Zoo. The attached report gives more details on the assessment and our decision. As you know, accreditation is for a period of five years. I would like to assure you that CAZA reiterates its readiness to work with you during this period in developing future improvements and growth for your institution. Please do not hesitate to call on us for any assistance or support that would be helpful in pursuing your plans. Congratulations again, Rachel Leger Co -Chair CAZA Accreditation Commission c.c. David Banks, Chair 48 4�� CAZA G �AZAC Canadian Association . Association des zoos of Zoos and Aquariums et aquariums du Canada THE SOCIAL AND ECONOMIC IMPACT OF CANADA'S ACCREDITED ZOOS AND AQUARIUMS Each day millions of visitors enjoy their local zoos and aquariums. While they may know the benefits of their particular institution, these visitors may not know their hometown zoo or aquarium is part of a powerful, caring industry with enormous collective impact. CAZA accredited zoos and aquariums draw about 11 million visitors each year roughly on a par with attendance at Canada's professional sport franchises. Tens of thousands of Canadian households, representing approximately 320,000 individuals are zoo or aquarium members, providing over $6,000,000.00 to support these vital institutions. Annually, in excess of 3000 volunteers invest over 160,000 hours of their time, supporting virtually every aspect of zoo and aquarium operations. Every group imaginable is reached through zoo and aquarium education efforts. These range from onsite programs for families, seniors, preschoolers and others, to on line experiences through the internet, to providing classroom content. With their unflagging commitment to conservation education in living classrooms, accredited zoos and aquariums teach 1,300,000 Canadian children and adults about the natural world, its varied species, the impact of human activities on that world and the actions that need to be taken to protect it and its wild inhabitants. Teachers are educated as well. Annually, thousands of Canadian teachers profit from training workshops, special membership opportunities and effective teaching materials. The public trusts the conservation message of zoos and aquariums — surveys regularly demonstrate that accredited zoos and aquariums are authoritative sources of information about the environment and wildlife preservation. 49 CAZA member zoos and aquariums are dedicated to the highest standards of animal care. They nurture, protect and care for more than 100,000 animals representing over 2000 species. Often these animals are the last representatives of endangered species. Many of these endangered species survive because of zoo and aquarium captive animal management programs. CAZA's members participate in close to 800 ex -situ programs and are directly involved in 20 field projects, most linked directly to reintroduction programs. CAZA's Canadian Collection Plan (CCP), a series of long -term breeding and conservation plans, is an example of how national associations are coordinating the efforts of their members in this critical work. These types of programs provide insurance policies against extinction for key Canadian endangered species such as the Vancouver Island Marmot, the Burrowing Owl, the loggerhead shrike, the wolverine, the black - footed ferret and others. Canadian zoos and aquariums are involved in in -situ conservation programs in Canada, and around the world. In 2005 they were involved in over 60 projects that since their inception had resulted in expenditures of $1,750,000.00. Some of the projects are supported through the provision of financial support, in many other cases staff from the institutions are directly involved in doing the work itself. It has been proven that effective wildlife conservation is rooted in science. CAZA's members support that philosophy. As a result, researchers working in CAZA institutions have directly conducted or supported in significant ways over 100 projects that since their beginning have required expenditures of over $785,000.00. These projects range from a focus on behavioral to reproductive to genetic and animal management issues. CAZA zoos and aquariums employ more than 1600 people nationwide, and create over twice that many jobs in their communities. Of the 11 million visitors to CAZA accredited zoos and aquariums approximately 35% are tourists. This creates further benefit to their communities through the vendors they hire and through employees hired by the hotels, restaurants and retail stores that serve their visitors. Zoo and aquarium employees take home over $60 million a year in wages that are spent in local communities Each year, zoos and aquariums change and improve. From 2002 through 2005, CAZA members invested over $56 million on improvements to make better experiences for visitors and better homes for the animals in their care. Collectively, zoos and aquariums have an enormous social, cultural, educational and economic impact on the Canadian public. 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Mackay - Past Chair Dr. Edward Walter 2788 Rothesay Rd. 18 Kildare Court Rothesay, NS E2H 21-2 Saint John, NB E2K 1 C4 Home 847 -3809 Home 847 -8574 (Cottage- 488 -237) Email saorsa @boctors.or .uk Email e wafter @nb.s m atico.ca Dr. Stephen Justason, DVM - Zoo Vet. Dr. Rachel Morehouse Sussex Animal Hospital 5 Alexander Avenue 11 George Street Rothesay, NB E2E 5E1 Sussex, NB E4E 2A3 Phone 847 -1997 Phone (506) 433 -3538 Fax 648 -6171 Email sah @nb.aibn.com Email morra @re 2.health.nb.ca Alice O'Neill Brian D. Munro - Legal Advisor 60 Swanton Dr. 162 Metcalf Street Quispamsis, NB E2E 4T2 Saint John, NB Home - 847 -3395 Phone 657 -6989 cell 639 -5582 Email ootigers @eorthlink.com Fax 693 -6216 Email bdn -tkr a@ ah o.c Mac Trueman Guy Barbara 426 Kennebcasis River Road Fort Howe Hotel and Convention Center Hampton, NB E5N 6L3 10 Portland Street, Phone 832 -4935 Saint John, NB E2K 4H8 Email rntruernan0- nbnet.nb.ca Phone 657 -7320 Cell 639 -8878 Email guy@forthowehotel.com. Theresa Mullin James (Rory) Grant 5 Horsler Drive Hope Grant Insurance Saint John, NB E2M 4B4 52 Gondola Point Road Phone 633 -0236 Rothesay, NB E2E 5K2 Cell 647 -8694 Phone Email � �ulh w' 7mapfiico.cct Email igrant @hooegrant.com Richard Demone Chair, KV Chamber of Commerce 89 Marr Road Rothesay, NB E2E 3J9 Phone Work 847 -5685 Home 849 -7760 Email demone rick @hotmail.com Leonard M. Collrin - Cherry Brook Zoo Staff Chief Administrative Director Lynda Collrin - volunteer Sec / Treasurer: ex- officio / Director of Zoo Development /Primatologist 52 r��b "cmy "ry':h I76 «gyp , rr ye l , , "akin t tea t� a r t r r xr.;p� rrr�t ri m hr ," teaf n mbr ndt,,,� Hanna-said. e t r ay y hrrr�rr apt on 'r� r6kee irnt the Mb 'k 'fe turn �.�r �y, rdnra �rrr neg ,U s ZOO rrt�a�im`r�rrti'�Ir'rra on "I'V sh Imes ,. H pna s li h re' M� rr Nh& " t brt r °.tea tai tl °ut r� r "irf'1166kiii h" �491 par" Illy," this P �nLrt nodal, N;r i turh hli t ' �r h r.N dbkip, thh' u �'h brpott r`c0ilty , l'w QUI me r:h;.rtlhd rlt tht,ruF ",a With f .�� t thre,,rnorr 't� �� rn�thr�� 11 �r� :� p�tivay" III r na:,c "ot y rlra �r r ri rrl r rr gLLh I ,u" �i�r„ �r�hrr�� t cn�r�r•dN i "�� r°r�r�:r= �rtCdl; RO'�br� hft` e I nr4 ' W �, :`S 11, "1 gh Ito. IJ tr rri V i � h e we �up e t r day hoping tol'i° id a. oa on her ortp, ,th t h �n ��; nl onkey : ",�h �°_6 rid"W IN Arlo %v ut ht � r�� Il t Y, „' u ° P cif riot h 1'r1n`wr7 t� qgPie p, l a boot d, Zoo needs cash Published Saturday July 5th, 2008 Funding for capital improvements not enough to meet industry standards Al By Brent Mazerolle Times & Transcript Staff It's one of the best known faces of Moncton for the more than 100,000 people who visit it each year, but are we taking the Magnetic Hill Zoo for granted? IENll....ARGE PHOTO Great Ma zero lie Il imes ,, ..1.,11 @11o'S'a lln The Magnetic Hill Zoo is replacing one of these enclosures for big cats with a new cougar exhibit currently under construction. One of our oldest municipal attractions, the zoo has evolved significantly over the years, but there is still much that could be done to bring it to the next level. Unfortunately, with just $100,000 a year set aside for capital works and an annual operating budget of $1.5 million, it's going to be a challenge to provide the zoo with things it needs to meet current industry standards. And while Moncton's city council will spend $30 million more in 2008 than it did just four years ago, very little of that largesse is headed the zoo's way. The zoo's budget has remained virtually unchanged in that same time period. A new cougar habitat is under construction now, and fundraising has begun for a new tiger enclosure and a new jaguar enclosure. But with the tiger exhibit alone expected to cost $1 million, it looks like the zoo may have trouble keeping up with the times unless the city increases its contribution. The zoo's general manager Bruce Dougan was on vacation and couldn't be reached Friday, but the general manager of the city department responsible for the zoo said wide scale change would be expensive. 54 "Bottom line, to take the zoo to the next level would mean significant dollars," said Ian Fowler of the Recreation, Parks, Tourism and Culture department. Ignoring the fact the significant civic spending of recent years has not really landed on the zoo's doorstep, City Council has in fact given the zoo a lot of money over the years. The annual cost of running the zoo is about double its annual revenue. What isn't covered off through the zoo's fundraising, the efforts of the Friends of the Zoo, and corporate partnerships is covered by the city. Fowler said while more money is always welcome, he believes councils over the years have been in tune with the zoo and its mission. He said it was too early to know if the new council will feel the same way. He also acknowledged the $100,000 in each year's capital works budget does little more than cover basic upkeep. (It is interesting to note area school children in the 1990s managed to contribute about $10,000 annually to the zoo in a program pioneered by kids at Sunny Brae School). To continue the work of building better enclosures like the one needed to accommodate a reintroduction of Amur (Siberian) tigers will cost much more. Fowler said his department hopes the zoo will succeed in further "creating partnerships with the corporate community," in the coming years. That sort of thing is already under way, but in its infancy. In 2006, for instance, corporate sponsors paid to have the 40 -acre park's trails bear their names on street signs at every junction. Anyone old enough to remember the zoo's predecessor the Magnetic Hill Game Farm will know the zoo has come a long way over the years. Amidst the zebras and the lions and exotic snakes and creatures many of us have never even heard of at the zoo today, it's a bit unusual that a crow merits a spot in the roster, but in the game farm days, that just might have counted as a marquee attraction. More to the point though, the old game farm's pens, particularly its bear pit, seemed to inspire more sadness than fascination for the animal kingdom. A lot of municipal spending in the past two decades has helped the zoo evolve, and the bill for chainlink fence alone would be enough to leave any homeowner reeling. Dougan told the Times & Transcript recently that the biggest expense for the proposed tiger compound would be fencing. 'With building a large exhibit you need a lot of fence and steel is very expensive," he said. "Everything has to be very safe. The fences have to be very high and the barriers very strong." Making a habitat natural can also take a lot of effort and space. The Prideland section of the zoo where you will see lions and ostriches, for example, should indeed evoke civic pride. On the other hand, seeing a bald eagle caged near the commotion of the lone entrance to all the area's attractions gives pause, especially now that a number of wild bald eagles live free and highly visible near both the Universit6 de Moncton and the Gunningsville Bridge. 55 Similarly, it's a situation largely beyond the zoo's control, but nevertheless jarring to see wood bison lazily grazing against the backdrop of loud music and squealing kids at the nearby Magic Mountain water theme park. Having said that, both the Metro Toronto Zoo and Calgary Zoo deal with neighbouring freeways. The Petersen family of Milton, Ontario were at the zoo on Friday and gave the facility generally high marks for its size and overall feel. They thought the jaguars could use a better enclosure -- one will be built as soon as the new cougar exhibit is finished this summer -- but liked the lion exhibit, where the public has an unobstructed view of the animals in a large natural - looking enclosure from the safety of a second storey observation platform. Kristy Petersen, 11, had a beef though. "I wanted to see a giraffe," she said. The Petersens were asked for their assessment as they were loading into the family van in the parking lot, but before they left the overall Magnetic Hill development, which also includes Magic Mountain, the Magnetic Hill Railroad, Wharf Village and the Magnetic Hill illusion itself. They might have been less enthusiastic once they drove into the counter - intuitive traffic mess that confuses both tourists and local motorists alike. Turn left from the zoo to return to the highway from whence you came and you find yourself funneled to the admission gate to the hill illusion. There, if you balk at trying out the most expensive toll road in the province, you are directed in a circle and forced back through the covered bridge entrance to the whole tourist area. After a while, you pass the zoo again and if you happen to spot the too few and too small exit signs, you will eventually find yourself on a one -way exit to Front Mountain Road. But if you were at least one line of cars full of tourists trying to exit the facility yesterday, you were met by a dump truck going the wrong way. In this particular instance Friday morning, the driver of the truck, which was almost big enough to haul the extra 30 million loonies council is spending this year, came to a complete stop. However, he didn't yield to the traffic travelling in the proper direction. Instead, the tourists, second guessing their understanding of the big arrows on the pavement that seemed to give them the right of way, had to go off -road onto a patch of gravel and dirt to get around the vehicle. Asked about the truck, the young attendant handing out flyers at the Front Mountain Road exit said, "Yeah, they're doing that." He ventured it was because the trucks could not enter the area through the covered bridge. In some ways, tourists' last and lasting impression of the Magnetic Hill development yesterday was an apt symbol for the challenges faced by the zoo. If management wants to keep the Magnetic Hill Zoo moving forward instead of going in circles, it will need more money. For the sake of both the animals and the 100,000 people who come to love them each year, here's hoping the new Moncton City Council doesn't prove to be a dump truck blocking the road. -M September 16, 2008 Lynda Collrin Director Cherry Brook Zoo Inc 901 Foster Thurston Dr Saint John, NB E2K 5H9 Dear Ms. Collrin: Bureau de Commerce de Saint John Faisons marcher les offaires On behalf of the Saint John Board of Trade I am writing to voice our support for the contributions made by the Cherry Brook Zoo to Saint John and the surrounding communities. As an accredited zoo under the Canadian Association of Zoos and Aquariums, the Cherry Brook Zoo enhances the economic, tourism, social, educational, and cultural sectors in Saint John. We realize the dedication and hard work that is required to ensure the first rate care needed for the well being of all of your animals and support your continued efforts to meet rigorous standards and ethics. From school tours to Halloween Haunted Tours the zoo provides the citizens of Saint John with educational and recreational opportunities for all ages. The Saint John Board of Trade is dedicated to fostering an economic climate that enhances growth, prosperity, and an improved quality of life in the community. With more than 1,000 members, representing 600 small, medium, and large businesses and organization and therefore, the interests of more than 30,000 citizens, the Board is a dynamic advocate and the principal voice for the business community of Greater Saint John. It offers a variety of programs, activities, services, and networking opportunities designed to enhance the business prospects of members and the overall business climate of the area. Yours truly, ✓1 Imelda Gilma President 40 rue King Street • [.P /P0. Box 6031 • Saint John, New Brumwick, Canada E21. 4R5 • tel 506.634.8111 • fax 506.632.2008 • info@ hoardof rade.com Cherry Brook Zoo of Saint John Inc. Financial Statements December 31, 2007 Wilshaw & Associates Professional Corporation P.O. Box 519, Main Post Office Saint John, N.B. E21, 3Z8 Telephone: (506) 849 -3956 Fax: (506) 849 -3966 May 15, 2008 Auditors' Report To the Trustees of Cherry Brook Zoo of Saint John Inc. We have audited the statement of financial position of Cherry Brook Zoo of Saint John Inc. as at December 31, 2007 and the statements of revenue and expenditures, changes in fund balances and cash flows for the year then ended. These financial statements are the responsibility of the organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as explained in the following paragraph, we conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In common with many charitable organizations, the organization derives part of its revenue from the general public in the form of donations, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, our verification of these revenues was limited to the amounts recorded in the records of the organization and we were unable to determine whether any adjustments might be necessary to donation revenues, excess of expenditures over revenue, assets and fund balances. In our opinion, except for the effect of adjustments, if any, which we might have determined to be necessary had we been able to satisfy ourselves concerning the completeness of donations referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the organization as at December 31, 2007 and the results of its operations and the changes in its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. 4 Chartered Accountant M Cherry Brook Zoo of Saint John Inc. Statement of Financial Position As at December 31, 2007 Assets Current assets Cash and term deposits Accounts receivable Interest receivable Inventory Property, plant and equipment (note 3 ) Liabilities 2007 2006 Operating Restricted Fund Funds Total Total - 239,149 239,149 333,322 4,406 - 4,406 - - 2,643 2,643 668 9,153 - 9,153 9,569 13,559 241,792 255,351 343,559 5,032 - 5,032 1 18,591 241,792 260,383 343,560 Current liabilities Bank overdraft 1,671 - 1,671 - Accounts payable and accrued liabilities 18,848 - 18,848 15,422 lnterfund balance 143,820 (143,820) - - 164,339 143,820 20,519 15,422 Fund Balances Restricted (note 4) - 385,612 385,612 437,814 Unrestricted 145,748 - (145,748) (109,676) (145,748) 385,612 239,864 328,138 18,591 241,792 260,383 343,560 Approved by the Board of Directors Director Director Wilshaw & Associates Professional Corporation 60 Cherry Brook Zoo of Saint John Inc. Statement of Changes in Fund Balances For the year ended December 31, 2007 Fund Balances — Beginning of year Excess revenue (expenditures) for the year Interfund transfer Fund Balances — End of year 2007 2006 Operating Restricted Fund Funds Total Total $ $ $ $ (109,676) 437,814 328,138 370,629 (96,072) 7,798 (88,274) (42,491) 60,000 (60,000) - - (145,748) 385,612 239,864 328,138 Cherry Brook Zoo of Saint John Inc. Statement of Revenue & Expenditures For the year ended December 31, 2007 Revenue Gate Donations Select 100 Friends of the Zoo Bequest Retail sales Special events Grant - Provincial Government Grant - Federal Government (Challenge Program) Grant - Aboriginal Garden Canteen revenue Building rental and food services Interest Expenditures Wages and benefits Heat, light and power Vehicles Feed Retail purchases Accreditation Select 100 Insurance Advertising and promotion Office and postage Animal purchases Bank charges and interest Dues and memberships Special events Medical supplies Miscellaneous . Professional fees Repairs and maintenance Telephone Travel and training Uniforms Canteen expenses Equipment purchase Seminars Purchase of property, plant and equipment Excess (expenditures) revenue before amortization Amortization Excess (expenditures) revenue for the year 2007 Operating Restricted Fund Funds Total 2006 Total 118,254 - 118,254 120,733 48,261 - 48,261 39,782 5,261 - 5,261 15,490 13,613 - 13,613 - - - - 47,636 25,748 - 25,748 31,942 38,412 - 38,412 35,493 20,369 - 20,369 9,488 12,832 - 12,832 11,419 7,391 - 7,391 3,136 11,513 - 11,513 10,819 6,804 - 6,804 10,018 - 7.798 7.798 9.781 308,458 7,798 316,256 345,737 229,405 - 229,405 208,319 20,231 - 20,231 18,962 15,581 - 15,581 14,771 14,845 - 14,845 10,673 13,258 - 13,258 17,743 180 - 180 19,006 720 10,655 - 10,655 15,810 4,201 - 4,201 2,392 14,598 - 14,598 13,434 13,251 - 13,251 3,428 3,302 - 3,302 2,899 2,225 - 2,225 1,734 7,736 - 7,736 5,227 8,837 - 8,837 3,942 1,224 - 1,224 3,844 4,945 - 4,945 3,795 16,062 - 16,062 15,809 5,054 - 5,054 3,931 4,889 - 4,889 2,389 1,064 - 1,064 1,198 7,305 - 7,305 6,239 1,491 - 1,491 4,259 3,147 - 3,147 4,479 485 - 485 3.146 403,971 - 403,971 389,149 (95,513) 7,798 (87,715) (42,412) 559 - 559 79 (96,072) 7,798 (88,274) (42,491) Wilshaw & Associates Professional Corporation 62 Cherry Brook Zoo of Saint John Inc. Statement of Cash Flows For the year ended December 31, 2007 Changes in non -cash working capital balances Accounts receivable Interest receivable Inventory Accounts payable and accrued liabilities Investing activities Purchase of property, plant and equipment Financing activities Interf ind loan Interfund transfer Repayment of long -term debt Decrease in net cash Net cash — Beginning of year Net cash (overdraft) — End of year (95,513) 7,798 (87,715) (42,412) (4,406) - (4,406) 10,352 - (1,975) (1,975) 321 416 - 416 3,772 3,426 - 3,426 5,322 (96,077) 5,823 (90,254) (22,645) (5,590) - (5,590) - 36,456 (36,456) - - 60,000 2007 2006 - - (4,005) Operating Restricted 96,456 (96,456) - 4,005) 237,478 Fund Funds Total Total Cash provided by (used in) Operating activities Excess revenue (expenditures) for the year (96,072) 7,798 (88,274) (42,491) Item not affecting cash Amortization 559 - 559 79 Changes in non -cash working capital balances Accounts receivable Interest receivable Inventory Accounts payable and accrued liabilities Investing activities Purchase of property, plant and equipment Financing activities Interf ind loan Interfund transfer Repayment of long -term debt Decrease in net cash Net cash — Beginning of year Net cash (overdraft) — End of year (95,513) 7,798 (87,715) (42,412) (4,406) - (4,406) 10,352 - (1,975) (1,975) 321 416 - 416 3,772 3,426 - 3,426 5,322 (96,077) 5,823 (90,254) (22,645) (5,590) - (5,590) - 36,456 (36,456) - - 60,000 (60,000) - - - - (4,005) 96,456 (96,456) - 4,005) 237,478 333,322 (5,211) (90,633) (95,844) (26,650) 3,540 329,782 333,322 359,972 1,671 239,149 237,478 333,322 Wilshaw & Associates Professional Corporation 63 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2007 Purpose of organization The Cherry Brook Zoo of Saint John Inc. is a non -profit organization committed to maintaining accreditation standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of conservation, research, education and recreation. The Cherry Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not - for -profit organization. 2 Significant accounting policies Fund accounting Revenues and expenses related to operations and zoological park and administrative activities are reported in the Operating Fund. Revenue recognition The organization follows the deferral method of accounting for contributions. Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Restricted investment income is recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted investment income is recognized as revenue when earned. Grant revenue, gate fees and retail sales are recognized as revenue of the Operating Fund when received or receivable. Volunteers' time contributions are not recognized in the financial statements due to difficulty of determining their fair value. Donated materials and services Donated materials are recorded at fair market value where the value can be reasonably determined. Donated services are not recorded. Inventory Inventory is stated at the lower of cost and net realizable value. Wilshaw & Associates Professional Corporation 64 (1) Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2007 2 Significant accounting policies (continued) Use of estimates The preparation of financial statements in conformity with general accepted accounting principles requires management to make estimates and assumptions that affect the Teported amount of assets, liabilities, revenues and expenses. Estimates are used for, but not limited to, accounting for doubtful accounts and amortization. Actual results could vary from those estimates. Property, plant and equipment Asset additions fully financed by current revenue are expensed in the year of purchase. Other property, plant and equipment are stated at cost less applicable government assistance and capital donations applied. The cost of assets purchased and expensed to date is $1,938,301 (2006 — $1,938,301). Amortization is provided for on property, plant and equipment using the following annual rates: Building, enclosures and site improvements 5% straight-line Equipment 20% declining balance Vehicles and displays 20% straight -line Zoo animals Zoo animals are expensed in the year of acquisition. 3 Property, plant and equipment Cost Buildings, enclosures and site improvements 163,247 Equipment 15,385 Vehicles 35,448 Displays 5,590 2007 2006 Accumulated Amortization Net Net $ $ S 163,246 1 15,385 - 35,448 - 559 5,031 219,670 214,638 5,032 1 ilshaw & Associates Professional Corporation 65 (2) Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2007 4 Restricted funds Internally restricted During 2005 the Board of Trustees internally restricted $415,000 of bequests received during the year. These internally restricted assets have been designated as a contingency fund that may be used under certain circumstances for operational items as determined by the Board of Trustees. 5 Contingency The organization has received property tax bills for the years ended December 31, 2003, 2004, 2005, 2006 in the amounts of $6,893, $7,094, $7,428, and $7,550 respectively. Discussions are tatting place with the City of Saint John and the organization is optimistic that payment of these bills will be waived. 5 Financial instruments The organization's financial instruments consist of cash and term deposits, accounts receivable, interest receivable, bank overdraft and accounts payable and accrued liabilities. As at December 31, 2007 the fair market value of the organization's financial instruments approximates their carrying value due to the short term nature and/or payment terms of these instruments. ilshaw & Associates Professional Corporation 66 (3) G.L.C. REALTY LIMITED Harbour Building, 133 Prince William Street, Saint John, N.B., E21- 2B5 Telephone: (506) 652-1177 - Fax: (506) 652-1562 - E-mail: jlawson@nb.aibn.com September 30, 2008 Mayor Court & Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L I Re: Princess Street Upgrades Dear Mayor and Council: I would like to introduce myself. My name is John Lawson and I manage the Harbour Building at 133 Prince William Street located on the block between Duke and Princess Streets on behalf of the owner, G.L.C. Realty Limited. It is in this capacity that I am writing to express surprise that Princess Street is to be upgraded before Prince William Street. I understand that renovations are to be completed from Charlotte Street to Prince William Street which will, no doubt, be very expensive. Several years ago, I was told that Prince William Street upgrades were a high priority and were actually scheduled to be completed but, due to the expense, Church Street upgrades took priority. My understanding at the time was that Prince William Street would be next. I can't help thinking that the expense of conducting repairs to Princess Street for three blocks would exceed the cost of renovations of one block between Duke and Princess Streets on Prince William. Other points to be considered would be the high tax base of the buildings on our block as well as the potential development of an upscale condo complex further down the street. I cannot comprehend how the decision to upgrade Princess before Prince William came about. It should be noted for the record that Prince William Street upgrades should be next on the priority list. One only has to look at the condition of the street, curbs, sidewalks and overhead wires to easily conclude this block should and has to be next in line. I would request that a formal recommendation be made to your Engineering Department to designate Prince William Street upgrades for very early next year to, at the very least, improve the aesthetic portion of the street. I assure you nothing has been done, including patching holes in the sidewalk, to our street in several years. Thank you for your consideration of our concerns. urs tru Jon Lawson �in �o Ste perty Manager Owner 67 } . `° A� I#,. r'c 004 �--�' 68 /n f"H Saint John Board of Trade Making it happen for business September 30, 2008 Hon. Shawn Graham, Premier Province of New Brunswick PO Box 6000 Fredericton NB E3 B 5 H 1 Hon. Donald Arsencault Minister of Natural Resources 1350 Regent St, 3'd Floor Fredericton NB E3C 266 Dear Premier Graham & Minister Arseneault: Bureau de Commerce de Saint John, Faisons marcher les affaires I am writing on behalf of the Board of Directors of the Saint John Board of Trade to strongly urge your government to support the Report of the Task Force on Investment Opportunities in the New Brunswick Forest Sector, entitled. Future Opportunities for the Forest Products Industry in New Brunswick, more specifically its objective of growing the wood supply as the key to improved competitiveness and profitability (p.33). By setting clear timber objectives and increased tree growth on Crown Land, we believe that the province will support the continued investment and modernization of the forest products industry in this Province and sustain jobs and prosperity in our community. The impact of the forest products industry on the development of the economy, culture and society of New Brunswick cannot be understated. From the mills in the North of the Province to those on the mouth of the Saint John River, the forest products industry spans and affects the entire Province. New Brunswick's wealth of experience and national leading forestry practices make this sector a priority where we have momentum and depth; invest now and secure the future. A vibrant forest products industry is crucial to the economic, social and environmental wellness of the Greater Saint John region, and the Province. The forest products industry in New Brunswick employs over 16,000 people (with a gross payroll in excess of $100 million), more than 1,400 of these people are employed in the City of Saint John. Thousands of jobs, directly through production facilities and indirectly through private woodlots, suppliers, Shipping and transportation industry, university, community college, and numerous local businesses are dependent upon the health of the industry. In addition, over eight million dollars in property and water and sewage taxes are generated annually direct from the industry. It is crucial to the Greater Saint John business community that the forest products industry continues to be financially healthy and competitive. The ability for the industry to continue financing its investments is directly contingent upon its ability to locate a reliable supply of raw material. Continued reinvestment and sustained employment and economic impact cannot continue without a secure and growing wood supply. 40 rue King Street * U/P.0. Box 6037 a Saint John, Now Brunswick, (anada E21. 05 e fel 506.634.8111 2... fax 506.632.2008 e info@siboardoffrode.com WXA/U/ ziknrireAnffmAm rnm M N The provincial government has the opportunity to make the forest industry a key driver of the self sufficiency agenda. Already representing over 9% of the provincial Gross Domestic Product as the industry experiences a severe downturn, our forest product industry stands to exceed the previous peek of $4.2 billion achieved in 2004 to a projected $4.7 billion by 2015 if the right elements are aligned. From a single initiative, the province of New Brunswick could set in motion a job creation and a wealth creation engine that would compete with the best forestry jurisdiction in North America. For Saint John specifically, the mills and head office located in our community generate almost 1300 direct jobs, almost $115 million per year in local wages and benefits as well as over $145 million in purchases from local New Brunswick businesses. These enterprises also deliver $8 million in property taxes per year to support the services that ensure the quality of life we enjoy in our City. As outlined in Greater Saint John's Community Economic Growth Strategy, existing businesses will account for as much as 90% of economic growth in the community. As the forest industry is such a large portion of the Saint John economy, it is imperative to our community's growth that we maintain the critical mass of these professional and skilled workers. The Saint John Board of Trade is dedicated to fostering an economic climate that enhances growth, prosperity, and an improved quality of life in the community. With more than 1,000 members, representing 600 small, medium, and large businesses and organization and therefore, the interests of more than 30,000 citizens, the Board is a dynamic advocate and the principal voice for the business community of Greater Saint John. It offers a variety of programs, activities, services, and networking opportunities designed to enhance the business prospects of members and the overall business climate of the area. The Board of Trade supports the growing of more wood on crown land, setting of specific timber objectives on Crown Land, provided that these activities are performed in an environmentally responsible way based on good science. Yours truly, M Dr. Michael Barry Chairman Cc Mayor & Councillors, City of Saint John Honourable Mary Schryer, Minister for Seniors, MLA Quispainsis Honourable Jack Keir, Minister of Energy, MLA Grand Bay-Westfield Honourable Stuart Jamieson, Minister of Tourism, MLA Saint John Fundy Honourable Ed Doherty, Minister Post Secondary, Labour and Training, MLA SJ Harbour Abel LeBlanc, MLA Saint John Lancaster Margaret Ann Blaney, MLA, Rothesay Trevor Holder, MLA, Saint John Portland Bev Harrison, MLA Hampton-Kings Roly MacIntyre, MLA Saint John East Jim Balcomb, President, River Valley Chamber of Commerce Rick Demone, President, Kennebecasis Valley Chamber of Commerce 70 River Road Community Alliance, Inc. 311 Bay Crescent Drive Saint John, NB E2M 6MI September 24, 2008 Mayor Ivan Court, Members of the Saint John Common Council Office of the Common Clerk P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Councilors: I am writing on behalf of the River Road Community Alliance, Inc,(RRCA) to ask permission for a representative from our organization to make a presentation before Council on October 27, 2008. As you know, the RRCA is a community organization dedicated to improving the quality of life in the area from South Bay through Martinon. We are grateful to the City for the contributions that have been made to our community during 2008. In our presentation, we would like to speak about the positive work that the City has already done and discuss moving forward with specific projects in the 2009 fiscal year. We would also like to illustrate and clarify these points through a power point presentation. We look forward to meeting with you, introducing ourselves to new Councilors, and discussing the ways we hope to work with Council to enhance the quality of life in our area. Yours truly, Roberta W. Lee, Secretary River Road Community Alliance, Inc. 71 M & C — 2008 -308 October 7, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Dates 430 Prince Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Auulicant Zone Dean Noack 430 Prince Street `13-2" (Rivergate Properties Inc.) RECOMMENDATION: Proposed Reason Zone Section 39 To facilitate the construction of a five -unit tovmhouse. That Common Council schedule the public hearing for the Section 39 amendment application of Dean Noack / Rivergate Properties Inc. (430 Prince Street), for Monday, November 10, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 72 Report to Common Council Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /r 73 Page 2. NewA46N October 9, 2008 Mayor and Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4LI Dear Mayor and Council: Please consider this a request to appear before common council in a closed session. I would like the opportunity to provide you with a confidential update on the activities of the Province relating to the growth of our New Brunswick Energy Hub and the Benefits Blueprint Plan. I would be pleased to share with you this update and specifically the implications with respect to land requirements and the community planning process. Thank you for your consideration and I look forward to your response. Sincerely, ack Keir Minister Minister/Mi'nistre Energy/knergie 1 Germain St/1, rue Germain, Suite M-100 Saint John New Brunswick/Nouveau-Brunswick ER 4VI Canada MAE (506) 658-3177 Fax/Tolk, (506) 658-3191 M22=- M & C — 2008 -306 October 10, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease Renewal of Space City Market -Java Moose BACKGROUND: In the summer of 2004, Boy's Own Inc. agreed to renew its lease for space at the City Market for an additional 5 year term, expiring on July 31, 2009. Java Moose occupies approximately 488 sq. ft, comprised of Stall and a portion of Stall in the City Market. City staff spoke with the solicitor representing Java Moose regarding their interest in extending the term so that the operator may secure its location for a fiirther term and prepare itself for the heightening competition in the coffee world. Java Moose's solicitor recently responded positively with a proposed rent stricture and term subject to Council's approval. Java Moose is seeking a 10 year renewal term with a 10 year option. The rents proposed are $24.00 p.s.f for the first five years and $26.00 p.s.f for the second five years. The 10 year option is based on Java Moose meeting the criteria for renewal and at rents to be negotiated. The tenant currently pays $25.00 p.s.f however it has been facing increased competition and escalating costs in recent years. The operators are seeking a slightly revised rent stricture that will help the company move forward in the next decade. Java Moose is a home grown company and has been a valued tenant at the City Market for years. It generates significant traffic for the Market; as such, staff supports the extension of Java Moose's lease for an additional 10 year term with the proposed rent stricture. 75 Report to Common Council Page 2 October 10, 2008 RECOMMENDATION: That The City of Saint John renew its Lease of Space of Stall 8 &9(partial) at the City Market with Boys Own Inc. under the same terms and conditions contained in their Lease, for a fiirther term of ten years commencing August 1, 2009 and expiring on July 31, 2019 at annual gross rent of $24 p.s.f. for the first 5 years and $26 p.s.f. for years 6 to 10 inclusive, with all other elements of the Lease remaining unchanged, and further 2. That the Mayor and Common Clerk be authorized to execute any renewal document required to finalize the transaction. Respectfidly submitted, Ken Forrest, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 13I:111 76 M & C — 2008 -304 October 10, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Greater Saint John Sustainability Initiative — Consultant Contract At the meeting of September 15 "' Common Council approved the agreement to receive funding for this project from the NB Environmental Trust Fund. This report recommends aNvarding the contract for the Vustainability Initiative coordination. BACKGROUND: The City of Saint John has engaged citizens in a process that has resulted in the adoption of a Community Vision, Goals for Saint John and Sustainability Principles. The City is now engaging in a process to develop its Integrated Community Sustainability Plan (ICSP). Corporate city responsibilities Nvill be defined through the preparation of a Corporate Plan to transform goals into action. To a great extent, achieving the Goals and the Sustainability Plan Objectives Nvill require involvement bN- the community that goes Nvell beyond direct municipal responsibilities. To help achieve this, the Greater Saint John Sustainability Initiative (GSJSI) Nvill seek to develop a community network involving all facets of the community, and in particular businesses, Nvith the aim of involving them in achieving the community components of the Goals and the ICSP and Nvill build capacity in the community for sustainable actions. The Saint John Environment Committee, after consultations with city staff and Nvith those in the NB Department of Environment who have been involved Nvith the `Roundtable on Sustainable Communities', applied for and received funding on behalf of the City from the NB Environmental Trust Fund. ANALYSIS & STATUS: The City Planning & Development Department Nvill initiate and oversee this process in conjunction Nvith the City of Saint John Environment Committee. Council has appointed Councillor Court to the Environment Committee and he Nvill provide a liaison Nvith Council. • A Steering Committee has been created for the project, to include several members of the Saint John Environment Committee and of the Provincial Roundtable, and the staff advisor for the SJEC. 77 Report to Common Council October 10, 2008 Page 2 • A Request for Proposals Nvas tendered for an individual or firm to provide a part- time coordinator role (the subject of the ETF funding) for the GSJSI. • Two proposals Nvere received: Jacques Whitford and Dillon Consulting. • The steering committee revieNved the proposals and met Nsith the Environment Committee which carried out interviews Nsith the consultants. • The Environment Committee recommends that the contract be awarded to Dillon Consulting. Sustainability Principles Conformity /Existing City Policy The project is in conformity Nsith, and is designed specifically to help implement, the City's Vision, Goals and the Sustainability Plan Objectives. 2. Input from Other Sources Staff of the NB Department of Environment who have been involved Nvith the `Roundtable on Sustainable Communities' participated in the development of the GSJSI concept and in the review of the consultants' proposals. Financial Implications The amount from the NB Environmental Trust Fund is $40,000. Common Council approved the contract to receive that funding on September 15 "'. These funds Nvill cover all costs for the coordination role provided by the consultants. Any incidental expenses not covered Nvill come from existing budgetary envelopes. RECOMMENDATION: It is recommended that the contract for the Greater Saint John Sustainability Initiative be awarded to Dillon Consulting Limited, for $40,000.00 and fiirther that the Mayor and Common Cleric be authorized to execute the necessary contract documents. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development CLC 78 Terrence Totten, F.C.A. City Manager M &C — 2008 -305 October 5, 2008 His Worship Mavor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Historic Places Initiative - Canadian Register of Historic Places — Phase 4 — Consultant Contract - Research In a report to Council in August it Nvas noted that additional funds to carry out research and documentation for the Canadian Register of Historic Places had been received from the Heritage Branch, Province of New Brunswick Department of Wellness, Culture and Sport. This report is to recommend aNvard of the contract for Phase 4 of this Registry Nvork. BACKGROUND: Canada's Historic Places Initiative — This federal initiative Nvas put in place in 1999 Nvith the folloNving objectives: • To foster greater appreciation of historic places, • To strengthen Canada's capacity to take appropriate action to conserve and maintain the historical integrity of historic places, and • To provide financial incentives that Nvill make the preservation and rehabilitation of historic places more viable. Canadian Register of Historic Places — The register developed by federal, provincial, and territorial governments, provides on -line listings of formally recognized historic places across the country. The register is located at NINL-x�vv.historict�laces.ca and serves as a tool for Canadians to identIA- and promote historic places in Canada, and for travelers to locate places of interest across the country. It provides detailed information about historic places to planners, heritage professionals, policy-makers, developers, industry, community organizations, teachers and students. Finally, it defines the places eligible for the Pro>ince of New Brunswick Property Tax Abatement Program. To be eligible for nomination to the Canadian Register of Historic Places, a historic place must: 1. meet the definition of an historic place, 2. be formalIv recognized by a federal, provincial, or local authority (such as being designated under our Preservation Areas BNTlaw or approved by Council), and 3. meet the required documentation standards. It is expected that the information on the Historic Places Nvebsite Nvill have an increasing influence on those making decisions regarding heritage tourism, a rapidly groN ing multi- billion dollar industry. Therefore it is important that Saint John be Nvell represented. To date 376 properties in Saint John have been submitted to the Register. 79 October 10, 2008 ANALYSIS & STATUS: Page 2 The City Planning & Development Department Nvill initiate and oversee this phase of Registry Nvork in conjunction Nvith the City of Saint John Heritage Development Board. Council has appointed Councillor Snook to the Heritage Development Board and he Nvill provide a liaison Nvith Council. Phase 4 is proposed to focus on documenting a total of approximately 100 heritage buildings in the folloNving areas of the city: Central Peninsula East, Central Peninsula North, LoNver West Side, Mount Pleasant, and the Old North End. • A Steering Committee has been created for the project, to include several members of the Saint John Heritage Development Board and Heritage Program staff. Craig Campbell has served as coordinator for the Registry Nvork. • A Request for Proposals Nvas tendered for an individual or firm to earry out Phase 4 of the HPI Registry of Historic Places for Saint John • Three proposals Nvere received: Richard & Co. Architecture Inc. who propose to do the Nvork in conjunction Nvith Derek Thurber; Virtual Planning; and Megan MainNvaring. • The Steering Committee reviewed the proposals and met Nth the Heritage Development Board to discuss the selection and make their recommendation. • The Heritage Development Board recommends that the contract be awarded to Richard & Co. Sustainability Principles Conformity /Existing City Policy The project is in conformity Nth the City's Vision, Goals and the Sustainability Plan Objectives. 2. Financial Implications The amount for Phase 4 Research from the NB Department of Wellness, Culture and Sport is $35,000. These funds Nvill cover all costs for the research and documentation to be done by the consultants. Any incidental expenses not covered Neill come from existing budgetary envelopes. RECOMMENDATION: It is recommended that the contract for Phase 4 research and documentation for the Canadian Register of Historic Places be awarded to Richard & Co. Architecture Inc.. for $35,000.00 and further that the Mayor and Common Cleric be authorized to execute the necessary contract documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development CLC - Terrence Totten, F.C.A. City Manager M &C 2008 -309 October 9, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT The 01yof Safia John. Contract No. 2006 -26: Latimer Lake and Spruce Lake Water Treatment Facilities — Electrical, Mechanical and Architectural Upgrades PURPOSE The purpose of this report is to update Council on the status of the 2006 Latimer Lake and Spruce Lake Water Treatment Plants Upgrade project and the additional costs incurred. BACKGROUND The 2005, 2006 and 2007 Water and Sewerage Utility Fund Capital Programs included funding for the upgrading of the electrical and mechanical systems at the Latimer Lake and Spruce Lake Water Treatment Facilities. Common Council, at its meeting of January 30, 2006, awarded Contract 2006 -26 (M &C 2006- 28) to Castle Rock Constriction Services Inc. at a tender amount of $1,879,100.00. Council received an update from staff on July 30, 2007 (M &C 2007 -247) advising that the majority of the work under the contract was completed and that the anticipated net final cost of the contract was anticipated to be $2,208,883.99. Under this contract the work consisted generally of the supply of all necessary labour, materials and equipment for the following work: 1. At Latimer Lake, the complete upgrade of the electrical, lighting, communications and instrumentation systems and replacement of the chlorine injection headers, weigh scales and process piping for the chlorination system as well as structural upgrades to the crane traveling beam, interior, exterior and roof of the chlorination building. 2. At Spruce Lake, the complete upgrade of the electrical service entrance and 4160 V switchgear and motor control centre, replacement of the 20 KW standby power supply and upgrades to the electrical feeders, branch circuits & loads, heaters and instrumentation. M & C 2008 -309 Contract 2006 -26 : Latimer Lake and Spruce Lake Water Treatment Plants — Electrical, Mechanical and Architectural Upgrades October 9, 2008 Page 2 ANALYSIS The work under Contract 2006 -26 has been completed. The final quantities and summary of change orders for the project have been finalized and agreed upon between the City and the Contractor. The additional costs on the project have been compiled into four categories as follows: I. Change Orders associated with the replacement of the Fluoride $212,538.40 Injection System and renovations to the Fluoride Bulk Storage Facility 2. Change Orders associated with structural upgrades to the Chlorination $102,241.23 Building. 3. Change Orders associated with replacement of underground chlorine $100,858.44 injection lines which were not included in the original scope of work. 4. Change Orders Associated with asbestos abatement in the Chlorination $14,585.79 Building. Total Change Orders: Variations in Quantities Minus: contingency Allowance: Net Additional Cost: COST SUMMARY Original Contract Value: Minus: Contingency Allowance: Value of Original Estimated Work: Summary of Change Orders: Variation in Quantities Estimated Final Contract Value: $430,223.86 $ 35,20634 - $70,435.00 $394,995.20 $1,879,100.00 - $70,435.00 $1,808,665.00 +$430,223.86 +$ 35,20634 2.274.095.20 The final constriction cost of the project based on final quantities and changes to the work is $2,274,095.20. The difference between the final contract value and the original tendered price is $394,995.20 ($2,274,095.20 - $1,879,100.00). The combined approved budget for the project is $2,465,000.00, ($320,000.00 under the 2005 Water and Sewerage Utility Fund Capital Program, $1,330,000.00 under the 2006 Water and Sewerage Utility Fund Capital Program and $815,000 under the 2007 Water and Sewerage Utility Fund Capital Program). The final net cost of the project including constriction costs, engineering services and after considering the City's eligible HST rebate is $2,455,132.68 - a positive variance of $9,86732 in the Water & Sewerage Utility Fund. 82 M & C 2008 -309 Contract 2006 -26 : Latimer Lake and Spruce Lake Water Treatment Plants — Electrical, Mechanical and Architectural Upgrades October 9, 2008 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 83 M & C 2008 -290 October 8, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Rothesay Road (Route 100) — Colony Road to Fulton Lane — Road Reconstruction PURPOSE The 01yof Safi a John. The purpose of this report is to obtain Council's approval for an additional project for the installation of a sanitary sewer on Rothesay Road between Clairmont Drive and Fulton Lane and for an increase in engineering fees for Godfrey Associates Ltd. to provide design and construction management services for the additional project. BACKGROUND The 2008 General Fund Transportation Capital Program includes funding for Phase 1 road reconstruction of Rothesay Road between Colony Road and the railroad overpass near Brookville Manufacturing. The work for the road reconstruction consists generally of the supply of all necessary labour, materials and equipment for the installation of a storm sewer, full road excavation, road widening, installation of concrete curb and sidewalk, paving and landscaping. On April 28, 2008 Common Council authorized the engagement of Godfrey Associates for design and construction management services for the Rothesay Road reconstruction project between Colony Road and Fulton Lane (M &C 2008 -114). The design work for the Rothesay Road reconstruction project between Colony Road and railroad overpass will be completed in November 2008. ANALYSIS At a Public Information Session held at the Bill McGuire Centre on June 9, 2008 with Municipal Operations & Engineering staff and Godfrey Associates Ltd. to discuss Phase 1 of the Rothesay Road reconstruction, a number of citizens asked about possible extension of sanitary sewer services. Although not planned as part of the road reconstruction, installation of a sanitary sewer in conjunction with other project work would provide this part of the community with a full range of municipal services. 84 M & C 2008 -290 October 8, 2008 Page 2 A notice was sent on August 29, 2008 to the residents of Rothesay Road between Clairmont Street and Fulton Lane including the side streets off Rothesay Road requesting their feedback with respect to the installation of a trunk sanitary sewer along Rothesay Road in conjunction with the Rothesay Road reconstruction. It was also stated in this notice that it is anticipated that the trunk sewer along this section of Rothesay Road would be completed within two years, with sewers on the side streets installed as funding becomes available. The residents of this area were asked if they would be or not be interested in hooking up to a municipal sanitary sewer system. Out of 45 responses received by September 15, 2008, 35 residents replied that they would be interested in hooking up to a municipal sanitary sewer system and 10 replied that they would not be interested in hooking up to a municipal sanitary sewer system. Based on this survey the majority of the residents are in favour of the City installing a sanitary sewer along Rothesay Road. Staff propose that available funding within the 2008 Water & Sewerage Utility Fund Capital Program be utilized for the Rothesay Road sanitary sewer project. The gravity sewer and forcemain would be installed in conjunction with the road reconstruction work. The cost of the forcemain, gravity sewer and associated services to the property line for the section of Rothesay Road between Clairmont Drive and Fulton Lane would be approximately $1,250,000 including Engineering. It would be necessary to construct at least one and possibly two new wastewater pumping stations in the future in order to complete the project. Also, gravity sewers would eventually have to be scheduled for construction in future years to service the side streets off of Rothesay Road between Clairmont Drive and Fulton Lane. Therefore, even though the forcemain and gravity sewer including services to the property lines is being proposed for construction, the overall sanitary system would not be fully functional until the wastewater pumping stations and other necessary downstream work is completed over the next few years. There is a definite advantage to installing the pipe systems beneath Rothesay Road in conjunction with the road reconstruction as significant cost savings will be realized by combining the projects. The sewer system work between the railroad overpass at Brookville Manufacturing and Fulton Lane would not proceed until cost shared funding for the Phase II section of the road reconstruction work is confirmed with the Province. In a letter dated March 27, 2008 from the Minister of Transportation to the Mayor, the Province advised that cost sharing was approved for Rothesay Road reconstruction between the railroad overpass at Brookville Manufacturing and Colony Road in the amount of $700,000 plus eligible HST ($350,000 per year over two years starting in 2008 with the City responsible for interim financing of the project). Staff have been in contact with representatives from the Department of Transportation to discuss alternative funding options. Given the feedback received from the citizens at the public information session regarding the sanitary sewer system, staff have looked for opportunities to fund the sewer work in conjunction with the road reconstruction. A funding solution does exist however the addition of the sewer system to the project will require additional engineering work and tendering of the project will not be possible until December 2008 or January 2009 at the earliest. Staff propose requesting the Province provide cost sharing in the amount of $1,520,000 to cover the Provinces share of the Rothesay Road Reconstruction project between Colony Road and Fulton Lane. Interim financing of the project will likely be required by the City as it is anticipated that the Province would want to provide the funding over a two or three year period. 85 M & C 2008 -290 October 8, 2008 Page 3 In order to take advantage of the original funding proposal from the Province for 2008 staff propose that the City request the $350,000 of funding approved for Rothesay Road in 2008 be redirected to cover the cost of the Somerset Street reconstruction project that was completed this summer. FINANCIAL IMPLICATIONS In April 2008 (M &C 2008 -120) a report was submitted to Council for program adjustments to the Gas Tax Fund Agreement. In the report it was identified that the watermain cleaning and lining projects were being transferred to the GTF Program and that staff would report back to Council with recommendations to utilize the $2,300,000 made available under the 2008 Water & Sewerage Utility Fund Capital Program. A portion of this funding ($1,050,000) has been approved for additional projects (M &C 2008 -158; June 9, 2008) with $1,250,000 remaining to be allocated. It is proposed to utilize the $1,250,000 of funding to design and construct a sanitary sewer system along Rothesay Road between Clairmont Street and Fulton Lane. RECOMMENDATION It is recommended as outlined in this report that Common Council authorize: The approval of a new project in the amount of $1,250,000 Linder the 2008 Water and Sewerage Utility Fund Capital Program — Sanitary category for the installation of a sanitary sewer and forcemain along Rothesay Road between Clairmont Street and Fulton Lane. The engineering services agreement with Godfrey Associates Ltd. for engineering design and construction management for Rothesay Road be increased from $369,320.00 to $573,312.00 (including the City's eligible HST rebate) to include the cost of design and construction management of a sanitary sewer system on Rothesay Road from Clairmont Street to Fulton Lane. Staff to prepare a letter for signature by the Mayor requesting that the Provincial funding of $350,000.00 (plus eligible HST) for the Phase I road reconstruction on Rothesay Road for 2008 be transferred to the Somerset Street Reconstruction project which was completed in 2008 and further that the Province provide cost sharing in the amount of $1,520,000 to cover the Provincial share of the Rothesay Road reconstruction project between Colony Road and Fulton Lane. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering - Terrence L. Totten, F. C. A City Manager REPORT TO COMMON COUNCIL INFORMATION TO COUNCIL October 9, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: ck-; The City of'Saunt John SUBJECT: Public Information Session Princess Street — Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction r a V Nt F10 ml The purpose of this information report is to inform Council of a Public Information Session that will be held in relation to the Princess Street — Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction Project, and to update Council on the status of the project. BACKGROUND The approved 2008 Water & Sewerage Utility Fund and General Fund Capital Program includes projects for the design and reconstruction of Princess Street from Charlotte Street to Prince William Street that includes: • New watermain, sanitary sewer, and storm sewer installation. • New underground electrical and communication utilities. • Street reconstruction including excavation and backfill with new granular materials, new curb and sidewalk, clay brick paver medians, landscaping, and asphalt paving. 87 Information to Council October 9, 2008 Page 2 ANALYSIS Staff looks forward to the tender closing on November 19, 2008. Construction will begin in Spring 2009 and continue until the end of September 2009. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held in the Union Club at 125 Germain Street on Thursday October 23`d 2008, from 2-4pm and 6-8pm. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. An advertisement for the Public Information Session will be in the Saint John Telegraph Journal on Tuesday October 21, 2008. A copy of the notice for the Public Information Session which will be delivered door to door in the project area has been attached. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissidner Operations & Terrence L. Totten, F.C.A. City Manager E-H October 9, 2008 The City of Saint John INF(]RMATION NOTICE PRINCESS STREET RECONSTRUCTION: CHARLOTTE STREET TO PRINCE WILLIAM STREET The City of Saint John will be reconstructing Princess Street from Charlotte Street to Prince 'William Street. The street reconstruction will include renewing the watermain and sanitary sewer, installing a new storm sewer, relocating above ground utilities to underground, and road reconstruction consisting of new curb, sidewalk, and asphalt road surface within the construction limits. The reconstruction of Princess Street will begin in Spring 2009 and is expected to be completed by the end of September 2009. Prior to construction, another notice will be distributed to inform residents and business owners of the actual start date. For further details, a public information session will be held: DATE: October 23, 2008 PLACE: The Union Club, 125 Germain Street TIME: 2 :00 p.m.- 4:00 p.m. and 6:00 p.m.- 8:00 p.m. Interested residents and business owners are invited to attend anytime during these hours. For further information about this project, contact: City of Saint John Customer Service at (506) 658 -4455 or Terrain Group Inc. at (506) -634 -8719. KEYINDUSTRIES.ca 26 Kiwanis Ct, Saint John, NB E2K 41_2 506- 634 -6888 fax: 506 -632 -1073 October 9, 2008 His Worship Mayor Ivan Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Dear Mayor Court and Members of Common Council: RE: Key Industries Capital Campaign We have certainly come a long way today in our understanding and acceptance of people with disabilities, striving to open up doors that were previously closed and to eliminate the prejudice and intolerance that have so often kept these individuals beyond the bounds of the mainstream. For the intellectually handicapped, however, many formidable challenges unfortunately still linger, not the least of which is adequate access to the services and opportunities they require to enable them to enjoy the benefits of realizing their full potential. Fuelled by the profound conviction that people with physical and intellectual disabilities are entitled to the same fundamental rights and possibilities as anyone else to live their lives to the fullest, for over 30 years, Key Industries (KEY) has been dedicated to helping these individuals be able to thrive in their community as equal citizens. And through its various educational, training and skills development programs, KEY is proud to have made a genuine difference in the lives of so many of the clients it has served over the years. While the organization is certainly heartened by its successes to date, the unfortunate reality is that the need for its crucial services continues to grow, and, today, KEY has reached its own maximum potential in terms of what it is able to offer and the number of individuals it can cater to at its present location. Indeed, in order to be able to effectively meet the current requirements of an ever - growing clientele, let alone those of the future, Key Industries must absolutely make a move into larger premises with better - adapted facilities that can accommodate a wider and more varied range of programs and services. Providing Job skills tralning, life skills, education and dally valued activities to Adults with Intellectual D[sab[Ilties. sN 2 That is why Key's Board of Directors has decided to embark upon a major fund - raising campaign aimed at amassing the financial resources to cover a portion of the costs of renovating a new home. The target of this campaign is $1.2 million. Of course, the ultimate success of a fund - raising effort of this scope rests on the participation of concerned members of the community, responsible corporate citizens and philanthropies, and of past supporters like the City of Saint John. As such, we would like to invite the City to make a contribution to our campaign of $150,000, payable in annual installments over 3 to 5 years, While we readily acknowledge that this is no meager request, we are quite confident that you can appreciate the importance of this endeavour. Indeed, over the years, the City of Saint John has actively supported Key Industries through the purchase of our promotional items for the police, fire and other municipal departments. Moreover, your administration has answered our call on numerous occasions for various special requests and when we needed its backing or authorization on specific initiatives. In fact, the City of Saint John has always prided itself on its commitment to addressing and resolving the most urgent social needs of its residents — from affordable housing, to improved educational and recreational opportunities, to combating poverty. Today, we are appealing to the City once again on behalf of some of its often most marginalized citizens. With your invaluable help in making our move into new premises possible, Key Industries will be able to continue its proud tradition of empowering the intellectually handicapped to enjoy the equality and quality of life they so rightfully deserve for years to come. For your reference, we are enclosing some information profiling Key Industries in more detail and outlining the vital need for its major fund - raising campaign. We sincerely hope that we can count on the City's generous support! RMUM MM Providing Job skills training, life skills, education and dally valued activities to Adults with Intellectual Disabilities. i o = c � o E LLI U a � C� mo 16= LLM N 3 ►0 0 0 2 0 El 0 Z 0 J m v 0 N N a 0 H N 0 L U a Ellom 4� L 0 "d C fp N mo W fu LJ V c r--i • V 0 W cn fu tf O {.f L7 1 4 � o o V f0 L -� N O �C cn N O _r_ L. 0 w E F � 7 µ � i Co co 4 .- CamO 4J 0 L U 4) M N a V i> O u� •� cn mu V 0 W cn fu tf O {.f L7 1 4 � o o V f0 L -� N O �C cn N O _r_ L. 0 w E F � 7 µ � i Co co 4 .- CamO 4J 0 L U 4) M N 0 4) 0 0 E 0 0 �r 0 N c wftlk O 0 0 oft CD �t O O O OMIME O V O*4 M N O O sm bm O E O mom- ,c FD f U V fu V) 0 fu _?• E fu . w tt cv U -00-6 a� u Ln C: roc -� E — � � i o 0. O 0) 0 cn fo i O -- .- p .- = V o._ V �� LO Elmo (1) mlm= SOMM 0 L a mc V O*4 M N 0 L 0 E 0 co .0 N N i 3 0 C � V � O MGM= Y 3 c � a v� t � 3 � 0 0 N a 3 Y �O CN a LA` W` O bim C O cai U Mi 4� 0 V N 0 0 L L 0 E 0 i� U) E Lr! •� oo cn a� L : L .� V a? LL .- L E O ._.�[ U a. 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C fu o ru 4-J M 0 o .__ -� 0 > a--) = m 0 .2 v) C O Vf 4-J O ._ E `�= O 0 4) -� -&-a 0 (3) p rL X m n V > G) a) ._ a c fu O E 0) V) V 4-J 0 O C: 4 Q co m U. a- -0 W 0- CL • 0 • 0A L 4f, — fu vok V) fo 0 E fu O _0 ru 3.1 0 E CD 0 cd m 0) 0 c 0 4-J C� 0 V C) C) C) kht C) LO T--1 iA- Ic 0) C: m �Mjm 07 (1) CY. 11 fu M 0 4-J Ify) nL 0 pal C� fu U 0 0 L- 0 E E 0 CD Co _0 0 co w _0 m N CD 0 ♦.. 16M 0 0 LL. (D C; (D M_ MIME 16M � Z c 0 4-J C� 0 V C) C) C) kht C) LO T--1 iA- Ic 0) C: m �Mjm 07 (1) CY. 11 fu M 0 4-J Ify) nL 0 pal C� fu U 0 0 L- 0 E E 0 CD Co _0 0 co w _0 m N CD a 0 0 `o E 0 .e a c ■� .. C O '� 4l r �_ 0 0 0 m a z 0 J_ m ,� ��, a 0 0 0 Less than $500 $1,000 $5,000 $10,000 $25,000 $500 to $1,000 ........................................ to $4,999 ....w... .................................... to $9,999 - to $24,999 I to $99,999 _ Thank you letter ✓ ✓ J ✓ 1 ✓ 1 ✓ Official income tax receipt ✓✓ ✓ ✓ ✓ ✓ Certificate of contribution ✓ ,� �� ✓ ✓ ✓ Invitation to official inauguration ✓ ✓ ✓ ✓ ✓ of the new facility Invitation to the campaign's ✓ ✓ ✓ ✓ ✓ closing ceremony Mention in the Key Industries ✓ Annual Report '� Inscription on the Donor Wall �, ✓ ✓ ✓- ✓ Public mention and photo of the ✓ ✓ gift in nevgmpers u Invitations to special events of � ✓ Key Industries Dedication Opportunities ✓ ✓ Donor Plaque Personal guided tour of the new facility by the president and CEO Key Industries offers exceptionally generous donors the privilege of having an area in the facility dedicated to them. These donors may identify an area in or outside the facility, with a plaque bearing the name of their company, organization orfoundation, th eir awn name or that of another person of their choice. This privilege is reserved for donors who give $10,000 or more. It is important to note that the amount associated with a dedication does not necessarily represent the construction or purchase cost of the dedicated area or its actual value. In this respect, its value comes through visibility, goodwill, prestige and geographic positioning. B U I L D I N A r R 1 t;> f l;�Y, TOM0RR0W MINIM 11COOLVA The dedication offered to a doi will last a maximum of 20 years. that period, if another major fundraising campaign is neede the current dedications have tc altered, the donor will have firs prerogative to renew or chang dedication (following an additi contribution). The donor may choose to withdraw. THE CAMPAIGN FOR KEY INDU54TRIES CHARITABLE FOUNDATION IN SPACE LOCATION GIFT AMOUNT Name on the facility Key Industries Building $ 250,000 Dining Area /Cafeteria Main Floor A2 -1 $100,000 Lobby Main Floor A2 -1 $100,000 Kitchen Main Floor A2 -1 $ 751000 Kitchen Second Floor A2 -2 $ 751000 Reception Main Floor A2 -1 $ 50,000 Programs Room Main Floor A2 -1 $ 50,000 Programs Room Main Floor A2 -1 $ 501000 Programs Room Main Floor A2 -1 $ 50,000 Board Room Second Floor $ 50,000 Education Lifestyle Room Main Floor A2 -1 $ 25,000 Education Lifestyle Room Main Floor A2 -1 $ 25,000 Education Lifestyle Room Main Floor A2 -1 $ 25,000 Programs Room Main Floor A2 -1 $ 25,000 Programs Room Main Floor A2 -1 $ 25,000 Library Main Floor A2 -1 $ 251000 Meeting Room Main Floor A2 -1 $ 25,000 Meeting Room Main Floor A2 -1 $ 25,000 Locker Room Main Floor A2 -1 $ 25,000 Purchasing Room Main Floor A2 -1 $ 101000 Graphics Room Main Floor A2 -1 $ 10,000 Embroidery Room Main Floor A2 -1 $ 10,000 Silkscreen Room Main Floor A2 -1 $ 10,000 Screen Room Main Floor A2 -1 $ 10,000 Quality Control Room Main Floor A2 -1 $ 10,000 Packaging & Shipping Room Main Floor A2 -1 $ 10,000 Office Second Floor A2 -2 $ 10,000 Accounting Second Floor A2 -2 $ 10,000 Office Second Floor A2 -2 $ 10,000 105 Yr =WWAT IS KEY INDUSTRIES? ey Industries is a social service organization dedicated to providing support for persons living with intellectual, mental and physical disabilities to enhance their quality of life within the community. In addition, Key Industries operates a promotional products business that produces revenue sales that, in tum, go back to supporting client programs and services. Please peruse our website at wwwkeyindustries.ca for more information. Z -WHY DOES KEY WOUSMES WEDA MAJOR . Due to the ever- increasing demand for its services within the community and in view of the physical and spatial inadequacies of its current facilities, Key Industries has reached a critical point in its evolution where its ability to offer the level of services required to the number of individuals requiring it is severely hampered. In order to cover a portion of the cost of purchasing a new building and modifying it to better suit its specific requirements, Key Industries is embarking on this major fundraising campaign. T IS T HE FINANCIAL OF THE MAJOR FUN SING CAMPAIGN? The foundation aims to raise 1.2 million dollars over a five -year period. =�4 O IS INVITED TO CONTRIBUTE TO THE MAJOR FUNDRAISING CAMPAIGN? Aside from Key Industries' board of directors, the charitable foundation board of directors and the entire Key Industries' staff, we will be enlisting the support of: fiends, local businesses, regional and national businesses, members of the business community, private foundations, religious institutions, families and any other person who wishes to support the foundation. T IS KEY INDUSTRIESPROJECT7 The purchase of a new facility offering 52,000 square feet of functional space, Key Industries' new home will be about 4 times larger than its existing premises. Thanks to this significant amount of additional space, the organization will be able to more than double the number of clients it can serve over the years, as well as open up a whole new word of programs and opportunities for persons with varying abilities. OM DOES KEY INDUSTRIES SERVIE7 Key Industries is a safe and secure beacon of promise to over 100 persons with intellectual, mental and physical disabilities. I I �VMT SERVICES DOES KEY INDUSTRIES PROVIDE? Using a totally holistic and client - focused approach, Key Industries' team of professional counsellors conduct comprehensive personal assessments of every client in order to develop individualized programs custom- tailored to the specific needs, strengths and weaknesses of each person. Programs such as daily valued activities, He skills, work - related skills, education and community activities are offered. THE KEY INDU ES' PROJECT SUPPORTED BY THE PROVINCIAL GOVERNMENT? Yes, Provincial Government through Social Development 1x Regional Development = ARE DONATIONS TAX DEDUcnBw. Yes, an official tax receipt will be sent to you. �;��CAN MY Dow-nom BE MADE O ? l(es, donors who wish to do so can contribute over a period of five years, and this makes it possible for the foundation to count on more substantial support. Instalments can be made by cheque or money order, or - for Key Industries' staff - by automatic payroll deductions. IS THERE A FORM OF RECOGNITION FOR DONATION? Certainly. The foundation has a donor - recognition program that is tailored to the size of the donation made. 1 {OW CAN I GET FURTHER INFORMATION ON THE KICrS MAJOR FUN [NG CAMPAIGN? Please contact the Campaign Coordinator: Julia Bachman 26 Kiwanis Court, Saint John, NB E2K 41-2 Ph: 506-634-6888 Fax: 506-632-1073 julia.bachman@keyinclustries.ca BUILDING A IIIPUG11lh ° °N " "II "'Il'ii:: R TOMORROW TODAY THE CAMPAIGN FOR KEY INDUSTRIES CHARITABLE FOUNDATION INC. 199 NEW BRUNSWI2 PRIVATE TAXPAYER'S GIFT ANNUAL. GIFT TAX CREDrT Amml Tofu Gift Total Cwt FW6al G,.0 T.W C=t Of Over I Of 0— 0- the Get Y (S) PffW 51,000 $264.00 $162.96 $426.96 $573.04 55,000 $2,865.20 $3,000 $844.00 $521.96 $1,365.96 $1,634.04 $15,000 $8,170.20 $5,000 $1,424.00 $980.96 52,304.961 $2,695.04 $25,000 513,475.20 $7,500 $2,149.00 $1,329.71 $3,478.71 $4,021.29 S37,5W $20,106.45 $10,000 $2,874.00 $1,778.46 $4,652.46 $5,347.54 $50,000 li $26,737.70 $20,000 $5,774.00 $3,573.46 $9,347.46 $10,652.54 $100,000 $53,262.70 $25,000 $7,224.00 54,470.96 511,694.96 $13,305.04 $125,000 166,525.20 �;��CAN MY Dow-nom BE MADE O ? l(es, donors who wish to do so can contribute over a period of five years, and this makes it possible for the foundation to count on more substantial support. Instalments can be made by cheque or money order, or - for Key Industries' staff - by automatic payroll deductions. IS THERE A FORM OF RECOGNITION FOR DONATION? Certainly. The foundation has a donor - recognition program that is tailored to the size of the donation made. 1 {OW CAN I GET FURTHER INFORMATION ON THE KICrS MAJOR FUN [NG CAMPAIGN? Please contact the Campaign Coordinator: Julia Bachman 26 Kiwanis Court, Saint John, NB E2K 41-2 Ph: 506-634-6888 Fax: 506-632-1073 julia.bachman@keyinclustries.ca BUILDING A IIIPUG11lh ° °N " "II "'Il'ii:: R TOMORROW TODAY THE CAMPAIGN FOR KEY INDUSTRIES CHARITABLE FOUNDATION INC. 199 r , „r r �0' o p ' M ( a d t, Our Mission Providing Daily Valued Activities, Life Skills, Community Involvement, Work Related Activities and Education to Adults with Intellectual Disabilities For over 30 years Key Industries (Key) has been devoted to helping adults with intellectual disabilities in the Greater Saint John Area meet the challenges of daily living to prepare them to live their lives to the Fullest. The organization's earliest beginnings date back to 1968, when a number of concerned members of the Saint John and Lancaster Kiwanis Clubs recognized the need for a facility that could provide certain types of training to adults with mental impairments. Thanks to the efforts and perseverance of these two groups, Key Industries incorporated in December 1972. With land donated by the City of Saint John and money raised for the construction of a building by the Kiwanis Clubs, the organization officially opened its doors on Kiwanis Court in 1974 to serve the needs of an initial clientele of 21. Having steadily grown and evolved over the years, today, Key Industries is a safe and secure beacon of promise to over 100 persons with intellectual and physical disabilities offering a host of invaluable activities and opportunities aimed at promoting independence, self- esteem and personal development. Due to the ever - increasing demand for its services within the community at large, and in view of the physical and spatial inadequacies of its current facilities, Key Industries has reached a critical point in its evolution where its ability to continue to offer the level of services required to the number of individuals requiring it is severely hampered. THE CAMPAIGN FOR KEY INDUSTRIES CHARITABLE FOUNDATION INC. m For people with intellectual disabilities, fife can hold many formidable obstacles, not the least of which are the stigma and prejudice many face and the barriers they must surmount to realize their fundamental rights and human potential. Providing full access to services and employment opportunities is crucial to ensuring that these individuals can live and work in the community as equal The atmosphere citizens. Inability to enjoy these opportunities all too often leads to lifelong at Key Industries dependency, poverty and social exclusion. provides Robert I Using a totally holistic and client focused approach, Key's team of professional with stability and counsellors conducts comprehensive personal assessments of every client in order to be able to develop individualized programs custom - tailored to their continutlty of day to speck needs. All aspects of this process are fuelled by a profound respect day living. He gets for individual dignity and commitment to empowerment. along well with all ONE COMPANY TWO ASPECTS ONE GOAL of his friends and he Development Programs for adults Promotional Products with intellectual disabilities Screen Printing is happy to getup Life Skills Embroidery each day and go to Daily Valued Activities Engraving Education Packaging work. We, his family Work Related Activities are very thankful. Community Involvement I Linton M U While Key Industries is extremely proud of the contributions it has made to enhance the lives and fife potential of its clients over the Without quality of life years, the organization now finds itself at a critical crossroads. With so many persons with intellectual disabilities in the community at - life is meaningless. large in need of its services, and with that number constantly on the rise, no longer can Key adequately meet the demand at its current Key has given my premises. son quality of life Aside from a severe shortage of space, to the very point of having to rely on an industrial trailer to accommodate client overflow and through the many needing to use closet space as meeting space, Key Industries' existing building has numerous other serious shortcomings that have made valuable and the situation now untenable. From inadequate ventilation systems, to the lack of air conditioning, insufficient kitchen facilities, and a roof in desperate need of repair, the time has come for Key to meet the meaningful challenges of the present and future with a move into a more spacious and versatile new home! experiences that he In order to cover a portion of the cost of purchasing the building now has everyday and modifying it to better suit its specific requirements, Key Industries is embarking on a major fundraising campaign T. Stauffer with a target of $1.2 million. U Key Industries' new home will cost approximately $2 million to acquire. Although the building is in good condition, Key will also need to cant' out renovations and operational set -up retrofits to the facility to better adapt it to its specific requirements. This work will call for an additional investment in the order of $1.7million, bringing the total cost of the move to $3.7 million. In recognition of the importance and value of Key's relocation, the New Brunswick Regional Development Corporation has pledged a contribution of $500,000 toward the purchase of the building. At the same time, Key Industries is confident of being able to generate an additional $300,000 from the sale of its existing building. Key is aspiring to raise $1.2 million through a major fundraising campaign and will assume the responsibility of sourcing the remaining 1.7 million in funding required. KEY INDUSTRIES CHARITABLE FOUNDATION INC. FUNDING SOURCES OBJECTIVE $3.7 MILLION $1,200,000 — 32% $500,000 — 14% $300,000 — 8% $1,700,000 — 46% iProvincial Government commitment ffSaIe of existing Key building []Key Industries ' []Major fundraising campaign 112 Key Industries' new home is conveniently located on Charlotte Street in the heart of Saint John. Offering 52,000 square feet of functional space, Key's new home will be approximately four times larger than its existing premises. Thanks to this significant amount of additional space, the organization will be able to more than double the number of clients it can serve over the years, and the new building will open up a whole new world of programs and opportunities for persons with disabilities. Before Key Industries can occupy these facilities, modifications are required to satisfy the existing and future requirements of Key Industries and those it serves. New Facility will provide: new rooms for various development programs education, life skills and outreach activities computer room library physical fitness facilities washrooms with showers equipped with transfer units Snoezelen Room commercial kitchen loading bay area I This newly renovated facility will allow Key Industries to offer new services and to expand on current programs including: Respite Services Transitional Employment Training Social Networking Employment Networking Life Skills Outreach Academic Outreach Advocacy for parents, families, or clients Outreach for Education and Life Skills Physical Fitness Programs Social Enterprises: such as catering services, janitorial services, and corporate packaging programs 113 . .. ... ............. ......................... ........... ... . . . . . . . I.. . . ................ ... .. .. . . .. . ................... . .......... .......... ... .......................................................... v! .................. . ..... J iJq�� ,gyp lu ran r fl ............. .................. ................................ MAIN F1.00IR ... mm .. .. .. . .. .. ................. ...... ... . .. . ....... ---- — ------------ 71. L",.... .................. I Iii V.) 0 D la ...... ........ � pill j . .. . . ............. . ........................ .................................... .............. 239 CHARLOTTE STREET SAINTJOHN NB 114 With a newly renovated home Key Industries will implement new outreach programs and will provide a complete repertoire of services to meet the needs of all individuals from respite care to employment. Every gift to Building a Brighter Tomorrow will benefit the people of the Greater Saint John Area. In my25years of In nq rs You have several options for making your gift to the Building isSer Ihaoe a Brighter Tomorrow Campaign. All gifts will receive tax credit to the full extent allowed by law and each gift will be gratefully witnessed thepositive received and permanently documented in the Campaign impact Keylndustnies Register. has head in Saint]ohn. 1FTS OF CASH The dediWW staff Cash gifts are extremely useful to the opening of a new pmvd&anemdmnmeW building and provide immediate resources and will support which mAwces the the ongoing development of our project. Post -dated cheques dients se f s , se f are acceptable. confnce and foss 'IFTS BY PLEDGE independence thus A pledge will allow Key Industries to plan the most effective efntng#"ntobemne way of accomplishing its goal over the project time - frame. productive members With a pledge period of up to five years, you are able to budget for your donation, of our community. DWnpished Gifts should be made out to lieutenant Governor Key Industries Charitable Foundation Inc. Nom picks (2004 -2006) 115 People with intellectual and physical disabilities continue to face many significant challenges in achieving full and rightful participation in society. In view of that reality, they require a varied range of support and services in order to attain their maximum social and economic potential. For over 30 years, Key Industries has had a major impact on the lives of many members of Saint John and the surrounding communities who are confronted with the challenges of an intellectual disability, striving to put them on an equal playing field with other citizens in their pursuit of the quality of life they are entitled to. Fuelled by a firm commitment to enabling its clients to enjoy the benefits of equality, inclusion, empowerment and self - determination, we at Key Industries are deeply gratified by the difference we have made in the lives of so many individuals over the years. However, so many more require and merit the same. That is why we have decided to move into more spacious and suitable facilities better able to accommodate the ever - growing demand, and why we have launched a major fundraising campaign to make the move possible. Key Industries is proud of its tradition of serving as a crucial steppingstone for its clients to reach new levels of self - reliance and self - fulfillment. We anxiously look forward to stepping into our new building... and to Building a Brighter Tomorrow. Christine Evans President/CEO �u a Alf fki To accomplish great things, we must not only act, but also dream; not only plan but also believe. Anatole France Nobel Prize — lk rahn 1921 BUILDING A fEF',, TOMORROW TODAY 117 i r. .11 u_I ar cio s �. <M 1 h1LHr4N1N:i W'IL M-V LU!-' FAUL 0411`i Application for Amendment to Section 39 Resolution or Agreement Demande de modification de in resolution ou de l'entente relative i Particle 39 Applicant Related Information 1 Renseignements sur�le, demo iedear Name of Applicant! Nam du demandeur -- Niail,ng Address of Applicant 1 Adresse postale du demcmdeur, Postal Code 1 Code postal 7elephaae Number 1 NumdroCdde� Wltpbone- Home ;' Domicile U`I_ `2_2� Work i travail 5 g Fax Number 1:vumEro de tElacapieur _ ... (� 6 -7�� p > (if difl'ererit ! Nom du idtaire si different) U Q I lvarnc of Prvrerty Owner ( ) l�ln' ( �• - V I ( JcF�p,r� ^ _ _ _ _�_ _ - -- Postal Code / Cvds postal L_� `L K. Existiag Resolution / Resolution actuelle Late of Resolution to oe Amended! Hate do lar69014tto1T i modifier `__ Y_ IA�US� 2? t?�� Loc:atior. ' Sruplaccrnent ✓��_.`- �x'_ <: >'dl''� �50�} 3 Dt� 3�ag36 Civic NoJ "' o de voirie Sleet ! Rua �. PID i NIP Applicant's L-itere.st in Proparry 1 lntdrdt de denwdeurs dnn la prupridt¢ ___._ kp- What is your Proposal ". 1 En quoi consiste vottre proposition? N•Me. Provide a fully dimensional drawing or plan which illus"tes your proposal. (Describe proposal in detail) rota: Floumier un plan ou un deessin e:tticrement cotf illustrant Notre ppropositiart. (Dbcrire la propoeition en Mail) ,� p S I P all Ff arc.� El A fee of $300.00 is enclosed in the form of a cheque or Morwy Order made payable W the City of Saint John. Ci joint des frais de 300 I sous forme de cheque ou arldat sto H ell a 11ordre de The Cir} of Sala.' John. Signature of Applicant I Signature du dermndeur - -.- ate Signature of the owner must be included, 1 WignaWe due propridmire. doit btro inetuse ° Signature of Owlier ;if applicable) � signature du propridtaire (s'il y a lie ti x iA D ale X am NL�= would be prepared on site daily the deli would offer on site prepared sandwiches, salads a*4 v7ke home meal offers. To accomplish this the existing Procare parts storage are would be transformed into the bakery /deli kitchen and as stated earlier 300 square feet of retail floor space would be required to be opened up. The 300 square feet of retail floor space is currently identified as the procare service counter area. Our future plan for the service bays is to offer produce/meats/seafood/garden center/flower shop. Focusing on fresh local products when available. To accomplish this goal we would require that the 1000 sq ft of the service bays be rezoned to offer these like products. am MIN M41 "ITMITSIM, HTO= M � 1 ' � J oti u tl � U U V ly u "i ? 7 i S I ,D-.G -.0 I rf 19 70-60.a r7.cMna XD%VM .n I oosQ � yy -- 1 L Y z H 7 ng a h3 s+[ yes s[ 9r,'1, -u, lwml n rTrh t: au+m pm i �'"'`� j �c7vy 3r: � �� ,D-.G -.0 I rf 19 J I OK � � s � H - ----- U. � N .FAI H m i y gll N M c u u x h W u z `a J t 7 K J r CK Z io _ Zip N OW Q ,J 6 1 zr No i oosQ � yy i 1 L Y J I OK � � s � H - ----- U. � N .FAI H m i y gll N M c u u x h W u z `a J t 7 K J r CK Z io _ Zip N OW Q ,J 6 1 zr No PROPOSED SECTION 39 AMENDMENT RE: 4207 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Tuesday, October 14, 2008 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the August 22, 1985 rezoning of the property located at 4207 Loch Lomond Road, also identified as PID Nos. 55043848, 55043855, 55043830 and 00350835, to pen-nit a revised proposal. REASON FOR CHANGE: To permit an increased area of retail space in the existing convenience store. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4.30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall, Elizabeth Gormley, Common Clerk 658 -2862 122 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 4207, CHEMIN LOCH LOMOND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition Tors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 14 octobre 2008 a 19 h en apportant les modifications suivantes : Modification des conditions imposees en vertu de I'article 39, le 22 aout 1985, relativement au rezonage de la propriete situee au 4207, chemin Loch Lomond, et portant les NID 55043848, 55043855, 55043830 et 00350835, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Pennettre une augmentation de Pespace de location dans le depanneur existant. Toute personne interessee peut examiner ]a modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Reference: 4207 Loch Lomond Road, October 14, 2008 Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) - SJTJ City Information Ad - SJTJ Independent Placement - SJTJ Classirteds Date(s): Tuesday, September 16, 2008 and Tuesday, October 7, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc,) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 123 October 8, 2008 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 4207 Loch Lomond Road On September 15, 2008, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 7, 2008 meeting. Mr. John Kilpatrick appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. Mr. Mark Armstrong, owner of the Airport General Store at 4105 Loch Lomond Road, appeared to speak in opposition to the application. Mr. Armstrong noted that his business offers groceries, hardware, a restaurant and a seasonal lawn and garden section and he feels this proposal jeopardizes his long- standing business. He indicated that this application is the fifth time that the City has been asked to expand the retail area of 4207 Loch Lomond Road, and he does not feel there is enough residential development in the area to support the proposed expansion. Mr. Kilpatrick responded that he proposes to offer local grocery items, such as produce and fish from St. Martins, which are not available elsewhere in the area. He indicated that he feels the growth in East Saint John will support the additional retail space and the items he is proposing to add to his business. After considering the attached report and the presentations, the Committee made the recommendation as set out below. RECOMMENDATION: That Common Council deny the requested Section 39 amendment. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -415 124 DATE: OCTOBER 3, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 7, 2008 Holly1mcMackin Planner — Dillon Consulting Limited SUBJECT Name of Applicant: John C. Kilpatrick Name of Owner: Irving Oil Ltd. Location: 4207 Loch Lomond Rd. PID: 5504'1848,5504'18'10,5504'1855,00'1508'15 Municipal Plan: Unserviced Residential Zoning: "132" General Business Proposal: To renovate existing space to create a bakery /deli and farmers' market. Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Tuesday, October 14, 2008 at 7:00 p.m. 125 Section 39 Amendment 4207 Loch Lomond Road STAFF RECOMMENDATION TO COMMITTEE: Page 2 October 3, 2008 That Common Council amend the Section 39 conditions imposed on the subject site at 4207 Loch Lomond Road, to permit an expansion of retail space within the existing footprint of the building to 200 square metres (2,153 square feet). BACKGROUND: On July 22, 1985, Common Council rezoned 4207 Loch Lomond Road from "RS -1" One and Two Family Suburban Residential to "B -2" General Business to permit an expansion of an existing service station that was operating as a legal non - conforming use. Section 39 Conditions were imposed limiting the use of the property to a service station, sale of gas and other automobile related activities. On November 27, 1995, Common Council amended Section 39 Conditions imposed on the 1985 rezoning of 4207 Loch Lomond Road to permit the sale of groceries, hardware and other household items in addition to the uses presently permitted and to permit the Airport Irving service station to include a maximum 800 - square foot convenience store within the existing building. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has been notified of this application. Building and Technical Services has no objections to this proposal, but floor plans will be required. Fire Department has no objections, however; if the kitchen is used for frying and /or producing grease laden vapours, the applicant would be required to install a fire protection system per the National Fire Protection Association (NFPA) Standard 96 — "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations" with a K type fire extinguisher as per National Fire Code section 2.6.1.9 and the National Building Code section 3.3.1.2 (2) ANALYSIS: Site and Proposal The subject property is located adjacent to the Saint John Airport and backs onto Treadwell Lake. An Irving gas station with attached service bays and parking is located on the property, which has two access points to Loch Lomond Road. The surrounding area is generally rural in 126 Section 39 Amendment 4207 Loch Lomond Road Page 3 October 3, 2008 character; the immediate area consists of the Airport and several homes. Another gas station and convenience store is located a short distance from the subject property on Loch Lomond Road. The applicant proposes to renovate interior portions of the building to facilitate the addition of bakery, deli and farmers' market uses to the existing convenience store use. The proposed changes would increase the total retail space within the existing building footprint from the current 74 square metres (800 square feet) to a total of 195 square metres (2,100 square feet). The proposed uses would replace the existing auto servicing use in the building (Figures 2 and 3). The ProCare counter and storage space — approximately 28 square metres (300 square feet) - would be renovated to facilitate the deli and bakery uses. The bakery would produce pastries, breads and rolls daily and the deli would offer salads, sandwiches and take -home meals prepared on -site. In addition to the deli and bakery, the applicant plans to convert the existing service station bays — 93 square metres (1,000 square feet) — into a farmers' market at some point in the future. The market would operate during regular business hours and may offer produce, meat, seafood and garden supplies. This would bring the total retail area in the building to approximately 200 square metres. The proposed retail expansion would bring the total parking requirement for the building to 9 spaces. With approximately 20 parking spaces on -site, there is an adequate amount of parking available (Figure 4). The proposed retail expansion will likely result in increased traffic on the site; however, Loch Lomond Road is an arterial road capable of handling the increase. The gas station is not located near any major intersections and the station's two access points will mitigate potential traffic delays. Municipal Plan Direction The subject property is designated Unserviced Residential. When considering the compatibility of commercial properties in residential zones, the following are considered: a) The proposed site location is on an arterial or collector street; b) The buildings will be of an architectural style suitable to the residential environment of the neighbourhood; c) The floor area is approximately 1000 square metres or less; and d) The uses conform to all relevant provisions of the Municipal Plan and the by -laws that implement it. Although not located in a designated District or Neighbourhood Centre, the subject property is located in an area that is appropriate for commercial use - near the airport on an arterial street — for nearby residents and airport patrons. The existing convenience store is a long- standing, small -scale commercial use. The scale of the use will essentially remain the same - renovations associated with the proposed change will take place within the existing building footprint. The proposed retail expansion will increase the amount of commercial space within the existing building to approximately 200 square meters. The Municipal Plan allows commercial uses in 127 Section 39 Amendment 4207 Loch Lomond Road Page 4 October 3, 2008 residential areas provided they serve primarily the needs of the local population, and are compatible with the residential neighbourhood or area. Conclusion The current use at 4207 Loch Lomond, a gas station and convenience store is a longstanding use. The small scale of the retail expansion, the property's location on a major road near the Saint John Airport, and the uses proposed are all appropriate for this area. As the uses conform to Municipal Plan policies, and meet the standards of the "B -2" General Business Zone, staff support amending the Section 39 conditions imposed on the subject site at 4207 Loch Lomond Road, to permit an expansion of retail space within the existing building. DILLON Project No. 08 -41 128 Section 39 Amendment Page 5 4207 Loch Lomond Road October 3, 2008 PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT / >... ... 1 J " � � t M w r . n • ' y.,�„yyq PiD(s) /NIP(s): 550,438,4 8, Subject Site/site en question: 55043355, 55043330 and Location: 4207" chernin Loch Lomond Load Date:. September 23, 2003 Scaile /cheile: Not to scale /Pas a i'cheiie Figure 1. 4207 Loch Lomond Road location. 129 Section 39 Amendment Page 6 4207 Loch Lomond Road October 3, 2008 Figure 2. Proposed floor plan. 130 c mIT_ 0 d w Figure 2. Proposed floor plan. 130 Section 39 Amendment Page 7 4207 Loch Lomond Road October 3, 2008 Figure 3. Existing floor plan. 131 Section 39 Amendment 4207 Loch Lomond Road Page 8 October 3, 2008 Figure 4. Parking area at 4207 Loch Lomond Road. Figure 5. The applicant proposes to renovate the existing service bays into a farmer's market. 132 Section 39 Amendment Page 5 4207 Loch Lomond Road October 3, 2008 PLANNING AND DEVELQPMENTIURBANISME ET DtVBLOPPEMENT Y yi b l V • a • RS - 1 �a 6 � a s '•s . s,s .......u... �' L,pYY1O PID(s) /NIP(s): 55043848, Subject Sitetsite en question: 550438&5,55043830 and 003508.35 Location: 4207 chemin Loch Lomond Road Date: September 23, 20€8 Scalef6chelle: Not to scale /Pas A I'echelle Figure 1. 4207 Loch Lomond Road location. 133 Section 39 Amendment Page 6 4207 Loch Lomond Road October 3, 2008 -,• V c) _ "U 0 Figure 2. Proposed floor plan. 134 Section 39 Amendment Page 7 4207 Loch Lomond Road October 3, 2008 Figure 3. Existing floor plan. 135 MMO��rE . j � • 1 x fn K f AM Figure 3. Existing floor plan. 135 Section 39 Amendment Page 8 4207 Loch Lomond Road October 3, 2008 Figure 4. Parking area at 4207 Loch Lomond Road. Figure S. The applicant proposes to renovate the existing service bays into a farmer's market. 136 C� PROPOSED SECTION 39 AMENDMENT 4207 LOCH LOMOND ROAD PROPERTY OWNER IRVING OIL LTD Letter OPPOSED TO Section 39 Ammendment My name is Mark Armstrong and I own the Airport General Store which is located at 4105 Loch Lomond Road..a mere 300 yards away from the Irving site. My property is Zoned "RS -1" On Oct 7, 2008 The Planning Advisory Committee voted to reiect this application. Their position was that in the Irving site is in a RS -1 zone within the City. The B -2 zoning received in 1985 was to make property conform. Section 39 conditions were put in place to protect my business from what is before you this evening. To fully understand where we are today, a brief history on the ZONING of the Irving property is required. As stated in the brief from city staff dated Oct 3, 2008, the property in 1985 was Zoned "RS -1" one and two family residential. At this time the site was a vehicle service centre with fuel. The RS -1 zoning on the Irving property was nonconforming (from a PLANNING 137 site and the Airport General Store, that development has not increased to any significant degree in the area and the situation has not changed and the positions taken in 1985, confirmed in 1989 and 1993 should not change and from a planning aerspective there is no reason to support a change in the historic pattern of a service station with gas pumps at one location and a convenience store with gas service at a neighbouring site." For the first time in 5 attempts the planning department for the city has recommended this application. I bring this to your attention as I believe that after hearing from city staff at the Planning Advisory Meeting on Oct 7, 2008, city staffs reccomendations are based solely on property being ZONED B -2. As I stated previously, this is an example of spot zoning. It is extremely important to remember the " "SPIRIT of the ZONING in 1985 "" was to make property conform. In 1985, Irving Oil accepted the B -2 zoning with all of the Section 39 conditions. I have owned the Airport General Store since June 1992. The store offers a full line of groceries, fuel, hardware, movies, restaurant, a seasonal lawn, garden and produce centre. The 138 Irving proposal is not offering any new products to the area that are not currently available. Development around the store's trading area has not developed as was the case in 1995's opinion from Jim Baird and the store sales back up this fact (will confidentially provide sales to council members to back up this fact if needed... please contact me and I'll provide any information that you may need.) To be allotted 800 square feet in 1995 was a real coup for Irving. This went against the recommendations of the city planning department and the Planning Advisory Committee. To request an additional 1300 square feet is not at all reasonal. The existing 800 square feet (which I still content should not be their) is more than sufficient to offer their customers a wide variety of convience products. Any increase in square footage to the Irving's property will place the on going operation of the Airport General Store in Jeopardy. The current Applicant Mr. John Kilpatrick is a businessman like myself. Prior to entering into a 5 year lease on the Airport Irving site (only 3 months ago) he was previously employed with Irving for over 10 years. Irving Oil currently has many 139 sites available for lease and out of all of these sites Mr. Kilpatrick chose this site. He has admitted (Planning Advisory Meeting Oct 7, 2008) that prior to entering into the lease agreement HE WAS FULLY AWARE OF THE CONDITIONS LIMITING THE SIZE OFTHE STORE TO 800 SQUIRE FEET AND LIMITING WHAT PRODUCTS COULD BE SOLD AT THIS SITE. CONCLUSION I have been owner of the Airport General Store for the past 16 years. I have a substancial investment in my property. I own the building and all equipment. When I purchased the business in 1992 1 paid a price based on the the fact that a Convenience store could not be built within 2 Kilometres of my business. To place the size of convenience store that the applicant wants would greatly devalue my business. I want you to be fully understanding as to how the B -2 zoning was obtained (by default in 1985 to make property conforming) and that in reality this zoning is a white elephant 140 in what is a truly RS -1 Zone. Section 39 conditions apply... mainly the 2 Kilometer separation. As I mentioned previously, this is the 5th time before Council, for this property. By -Laws are meaningful and that Please send a message that City business people and residents can rely on them when they purchase a property and try to calculate future valuations based on approved usages. I urge you to agree with the Position taken by The Planning Advisory Committee. Should you have any questions I'll be available at any time prior to Tuesday's Council Meeting. Thank you for your consideration in this matter; 141 Section 39 Amendment Page 5 4207 Loch Lomond Road October 3, 2008 PLANNING AND DEVELOPMENTAR6,ANIs E ET DMLOPPEMENT RS- 1 ..,.,.�............, t-1)19 10 J M µlf.. �l f� e -2 2<y; My /9 Subjeot SiteMe m quesibrl: r'U &J1FVlrkaj: Lin; 447 Chernin Lacb Lmw d Road Dater SepfaMW 23, 2008 Sc.WW60109: Not to scaWFas d I "deftelts Figure 1. 4207 Loch Lomond Road location. 142 and Iviap if of 45111.310940,16, 65,111,91,56849 0 � c Rothesay k q C, Wells 2 * f (9) Mm" 2slkm 23mi R pjI LOCAL maps 91= m rage i or t FROM I III I III!, 11I I I I! I I lI 111 11 lI 143 144 ,--my 4� v (I ("I't a de�c.., c av V-1-t /� 1Aj7JXf 6d� - .ur��cal ,G.e ��! , 145 146 147 a 148 oc�. ,V�- ,,� �/ ,, ,� eg 149 q 17' p Zx 0 1/ Lot. 150 151 tl ..a 08/05/2008 11:2B PLANNING AND DEVELOP PAGE 01102 Application for a Municipal Plan and Zoning l Demande de modification au plan municipal e Post -ir Fax Note 7671 E D"e p Pe006, 7. aa To ^� fJ u Prom ;t t C,p.10ffpt. Co. ( Phone 4 Phop9 U i r L 9 Fax t631 0006 Fox 6 `: 281 Applicant Related haformadoo / Reaseignements sur le demandeur Name of Applicant / Nom du demandeur 10N4. - ``A -fe+iroa,':) Mailing Address of applicant/ Addresse postale du demandeur O k H t Lt4 G(, it Ajez 51 N -Nei fN OS Telephone Number 1 Numdro de t6i6phonc Home l Domicile Mot -,1,110 Fax Number / Numdro de tdlicopieur coot Postal Code / Code postal 67-V- i' 4't Work / Travail W ° $144 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Postal Code / Code postal: Property Information l Renseignements sur la propriW Location I Emplacement Ctu4#JNodcvoirse HILL104t "1- - 4 I Greet / Rile PID / N1P Lot Area 15uperficie du lot 360 D X01 K Street Frontage / Fagade sur rue Existing Use of Property 1 Utilisation actuelle de la propridtd -hbH i Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal i 1 Present Zoning I Zonage actual tt R- `13 Amendments Requested / Modifications demandees Municipal Plan I Plan municipal 0 Change Land Use Designation to / Modifier la ddsignation de Putilisation des terres A and/or /ou 0 Text Amendment (indicate particulars on attachment) / Modification du texte ( indiquez leg ddtaiis an annexe) 7'g By -lawl ATTW sur le Zonage Change Zoning to / Modification du nonage and /or I ou a�_2n 0 Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les d6tails en annexe) 152 68/85/2008 11:28 1 PLANNING AND DEVELOP PAGE 02/02 Development Proposal / Proposition d'am6nagement Description of Proposal I Description de la proposition See ohat6A You must provide a scaled sire plan that illustrates yourproposal, You may also provide photographs, buddingplanr, elevation drawings and any other form of information, The site plan musl show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site a l'echelle illustrant votre proposition. Yous pouvez dgalement fournir des photographies, des plans de bdtimew, des desslns de plan d'dlevation el route autre forme de renseignement. Le plan du sire dolt indiguer les dimensions de la propridrd, 1'emplacement de la totalitd der 640ments, des allies, des aires de sratlonnement, des amdnagements paysagers et des panneaur de signalisation.11 est important d'indiquer la distance entm les limites de la propridtd et les b0ments. Provide reasons why these amendments should be approved. I Foumir les raisons pour les quelles les modifications devraient titre approuv6cs. 1111� Provide any other information about your proposal that would be helpful. / Feumir tout autre renscignement concemant votre proposition qui pourrait 4tre utile. Signature of Applicant 1 Signature du demandeur Date t M 5400 Application Fee Enclosed t 0-joint les Us de demande de 400 S If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council, Signature of Owner (if applicable) Signature du propridtaire (s' it y a lieu) Date 0 Si vous n'ites pas le propridtaire du terrain en question, veuiller obtenir la signature du propridtaire dams lapartie ci- damous, La ' ature du propridtaire autorisant le traltememt la p esemte demande est require pour quo cerlte Bern' re +t examinde paw conseii communal, 153 Hampton- Rothesay -Saint John -Grand Bay Westfield Phone 506 634 8244 Fax 506 634 0006 September 3`d, 2008 Application for Municipal Plan and Zoning Page 2. Development Proposal Description of Proposal Our plan is to construct a 6400 sq /foot single story professional center that will house the offices for one of the local Subway franchisee's, a Doctor's office (specialist) and an Accounting firm. Said building will be constructed at the back of the property and the existing home would be moved so as to allow access to the premises. The Doctor typically only has office hours on Thursday and Friday's except when he has call on those days. The accounting firm has regular office hours Monday to Friday 8:00 am to 5:00 pm with the exception of tax season in which they work longer hours. Provide reasons why these amendments should be approved Millidge Avenue from the corner of University Avenue to the comer of Somerset is mostly non - residential area as it stands today. Next door to the proposed site exists a restaurant, a convenience store, spa, car wash and retail medical supply outlet. Simply by standing at the drive way we can see an insurance office, service stations, multi unit housing, dental offices, day care and the entrance to a Church. All of these non- residential properties are nestled along Millidge Ave. The traffic. found on Millidge Avenue is more reminiscent to a commercial area than residential. This proposal would allow us to utilize the entire lot at 461 Millidge beyond the single home. The majority of the property for this project is located at the back of the lot. The existing home would be moved to allow for the entrance and exit. This would greatly enhance the property. Provide any additional information that may be helpful 154 Although we feel this area is more commercial than residential we are conscious of how the property should look and how the building should be placed within the property lines. As such we have incorporated a green space around the entire perimeter. The layout of the property will always enhance the area regardless of what other development occurs around us down the road. Because the building is being used for professional services and not retail the traffic count into the site will be minimal in comparison to retail or food service. Because the tenants are also the landlords that will ensure that the pride in the premises remains high. Due to the abundant non - residential uses already within a very short distance this would ensure that we kept the proper feel for the area, we would fit into the area nicely. And as you can see from the diagrams we are looking at building a very stylish property not a square box. In closing I would ask that you strongly consider the request and vote to allow the zoning change. Thank you. Tony Ratchford 155 w EM PO Box 0849, 51 Union St., Saint John, NB E2L 453 (506) 634 -6423 FAX: (506) 634 -0530 WIFE FiNRO PROPOSED ZONING BY -LAW AMENDMENT RE: 461 MILLIDGE AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, October 14, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 461 Millidge Avenue, having an area of approximately 3 740 square metres, also identified as PID No. 00041517, from "R -1B" One Family Residential to "B -2" General Business. REASON FOR CHANGE: To permit the development of business offices. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall, Elizabeth Gormley, Common Clerk 658 -2862 we PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 461, AVENUE MILLIDGE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra Bans la salle du conseil le mardi 14 octobre 2008 i 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 3 740 metres carres, situee au 461, avenue Millidge, et portant le NID 00041517, de zone residentielle- habitations unifamiliales a R- I B» a zone commerciale g6nerale <(B-2 ». RAISON DE LA MODIFICATION: Permettre I'amenagement des bureaux d'affaires. Toute personne interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ('attention du soussigne a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: I 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone; 506 658 -2862 Fax: 506 6744214 Special Instructions (if any): Reference: 461 Millidge Avenue, October 14 Public Hearing NewsRa Rer Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, September 16, 2008 and Tuesday, October 7, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable). Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 lift"11 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 461 Millidge Avenue, having an area of approximately 3740 square metres, also identified as PID number 00041517, from "R -1B" One Family Residential to "B -2" General Business. - all as shown on the plan attached hereto and forming part of this by -law. fN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr& le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de Pannexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 3740 metres carr6s, situ6e au 461, avenue Millidge, et identifiee sous le NID 00041517, de zone r6sidentielle — habitations unifamiliales ((R-1B» d zone commerciale g6n6rale ((B- 2)), - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture WOE October 8, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 461 Millidge Avenue On September 15, 2008, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 7, 2008 meeting. Mr. Tony Ratchford appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. Ms. Heather Quinn, of 471 Millidge Avenue, and Mr. George McMillan, of 451 Millidge Avenue, appeared to speak in opposition to the application. Both Ms. Quinn and Mr. McMillan expressed concerns about the impact of the proposed development on their residential properties, especially with regard to Ms. Quinn's potential isolation between two commercial sites. They also noted concerns regarding traffic patterns, drainage issues, and the potential wetland area to the rear of the proposed development. Ms. Quinn stressed her concern that the proposed development did not adhere to the principles of the Municipal Plan or the Millidgeville Secondary Plan by proposing commercial development in a residential area between a designated neighbourhood centre and a designated district centre commercial area. Three letters of opposition were also received by the Committee. Mr. Ratchford indicated that his intention is not to isolate his neighbours, but that this location is ideal for his business office. As well, he pointed out that Millidge Avenue is not a traditional residential area, and he felt that his neighbours were aware of this given the existing commercial development at 477 Millidge Avenue. After considering the attached report and the presentations by the applicant and neighbours, the Committee made the recommendation as set out below. 162 Planning Advison- Committee October 10, 2008 RECOMMENDATION: That Common Council deny the requested rezoning. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -418 163 Page 2 DATE: OCTOBER 3, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 7, 2008 k Holly McMac cin Planner — Dillon Consulting Limited SUBJECT: Name of Applicant: Tony Ratchford Name of Owner: Tony Ratchford Location: 461 Millidge Avenue PID: 41517 Municipal Plan: Low Density Residential Zoning: Existing: "R -1B" One Family Residential Proposed: "B -2" General Business Proposal: To develop a one - storey office building with a total gross floor area of approximately 595 square metre (6,400 square feet) Type of Application: Rezoning 164 Rezoning Page 2 461 Millidge Avenue October 3, 2008 JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed rezoning. Common Council will consider the Committee's recommendation at a Public Hearing on Tuesday, October 14, 2008 at 7:00 p.m. STAFF RECOMMENDATION TO COMMITTEE: That Common Council approve the proposed rezoning of 461 Millidge Avenue from "R- 1B" One Family Residential to "B -2" General Commercial, with the following Section 39 conditions: a. The use of the subject property be restricted to business offices; b. Development of the site shall be 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. Development of the site shall be in accordance with elevation drawings and a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, vehicular manoeuvring areas, driveways, signs, landscaping, fencing, and other site features; d. Approved site plans are to be attached to any building permit application for the development; e. All parking areas shall be screened from adjacent residential properties by a board - on -board privacy fence with a minimum height of 1.8 metres to the satisfaction of the Development Officer; f. Landscaped side yards with a minimum width of 3 metres (10 feet) shall be provided in accordance with a detailed landscaping plan subject to the approval of the Development Officer; g. The developer must pave all parking areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs; h. A revised parking configuration shall be provided that demonstrates conformity with the off - street parking dimensions for both parking stalls and manoeuvring aisles detailed in the Zoning Bylaw; 165 Rezoning Page 2 461 Millidge Avenue October 3, 2008 Vehicular access to the site shall be restricted to one driveway on Millidge Avenue; and A city approved water meter must be installed for commercial use. 2. That Common Council withhold Third Reading until such time that adequate elevation drawings, a site plan, and landscaping plans are submitted to the satisfaction of the Development Officer. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this proposal: - Municipal water and sewage is available - A city approved water meter must be installed for commercial use - The number of proposed driveways is not acceptable. The proposed driveway location must ensure proper sight distances for the cars entering /leaving this location. Building and Technical Services has no objections to this proposal. Saint John Transit provides significant service along Millidge Avenue with both the Hospital/UNB service and the North End service. Maritimes & Northeast Pipeline has been notified of this proposal. Fire Department has been notified of this proposal. ANALYSIS: Site and Proposal A small one storey house is situated at the front of the subject property, which is located on a four lane section of Millidge Avenue between Somerset Street and Boars Head Road (Figure 1). Millidge Avenue is designated as an arterial street and this section of the street contains a mix of residential and commercial uses. Nearby commercial properties on Millidge Avenue include a strip mall, service station and an insurance office. The subject property is one of four remaining single family homes clustered on this section of Millidge Avenue. If the proposed office building is constricted, one of the remaining homes would sit between two commercial developments. The applicant has proposed to remove the existing house at 461 Millidge Avenue and constrict a 595 square metre (6,400 square feet) one - storey office building that will house an office for a neighbouring Subway Restaurant, as well as offices for an accountant and doctor (Figure 2). The building will be constricted at the rear of the property as shown on the site plan (Figure 3). The .. Rezoning Page 2 461 Millidge Avenue October 3, 2008 proposed uses will primarily operate during regular business hours with the exception of the accountant's office which will have extended hours during tax season. Municipal Plan Direction The applicant is requesting that the zoning for the subject property be changed from "RI -B" One Family Residential to "B -2" General Business to permit the development of the proposed office space. The subject property is designated Low Density Residential in the Municipal Plan and sits just outside the jurisdiction of the Millidgeville Secondary Plan. A well established District Centre at Millidge Avenue and University Avenue contains a cluster of commercial uses. The nearby corner of Somerset Street and Churchill Boulevard is a designated Neighbourhood Centre focused around the Millidgeville Market Superstore. Although Municipal Plan policies are intended to direct the majority of commercial development into these Centres, commercial development and higher density residential uses have spread along Millidge Avenue between these two locations. Examples include a nearby service station at the corner of Millidge Avenue and Somerset, an insurance broker's office and higher density residential developments directly across the street from the subject property. Perhaps the most relevant example of a nearby commercial use is the strip mall located at 477 Millidge Avenue, a portion of which is adjacent to the subject property (identified as B — 2 in Figure 1). In 1999, an application was approved to rezone this property from "R -IB" One Family Residential to "B -2" General Business, facilitating the constriction of two one - storey commercial buildings with a total area of 929 square metres (10,000 square feet). Staff had recommended that this rezoning request be denied. Staff expressed concerns with the relatively large scale of the development, its location between the two commercial Centres identified in the Municipal Plan, and concern that approval of the project would encourage other similar developments resulting in the spread of commercial development along Millidge Avenue. As noted above, commercial uses have been spreading along this portion of Millidge Avenue for a number of years and it is developing into a commercial corridor. It should be noted that the context in which the proposed rezoning of the subject property is being considered is very similar to two other rezoning applications recently considered by the Committee: 1198 Loch Lomond Road and 47 -55 Golden Grove Road. In each case, the subject property was located in an area that was originally primarily residential but has gradually become more commercial in nature as various rezoning applications have been approved to facilitate commercial development. In each of these recent cases, staff have reached the conclusion that a critical mass of commercial development existed in the immediate vicinity of the subject property and the remaining residential development was not likely to be sustainable in the long term. The subject property is one of four remaining single family homes clustered on this section of Millidge Avenue. Should the proposed office building be constricted, one of the remaining homes would then be situated between two commercial developments. In considering the proposed rezoning, the potential impact on the remaining single - family property owners must be 167 Rezoning Page 2 461 Millidge Avenue October 3, 2008 balanced with the consideration of likely future uses on this section of Millidge Avenue. Given the location of the subject property on an arterial street, between an established District Centre and Neighbourhood Centre, the increasingly commercial nature of this section of Millidge Avenue, and recent constriction of higher density residential uses, staff believe that the transition of this area from low density residential use to commercial and higher density residential use is well underway. The proposed rezoning does not necessitate a change to the existing Low Density Residential designation as the Municipal Plan permits commercial development in residential areas where: (1) the floor area is less than 1,000 square metres (11,000 square feet) in area; (2) the use is located on an arterial or collector street; and (3) the development is compatible with the surrounding neighbourhood. As outlined above, the proposed building is less than 1,000 square metres and is located on an arterial street. The rezoning can be supported if several concerns outlined below are addressed by the applicant. Zoning By -law The submitted site plan can satisfy all applicable zoning bylaw requirements with a number of exceptions. The site plan does not show the stricture at the minimum rear yard setback requirement of 7.5 metres. In addition, two one -way access points from the subject property to Millidge Avenue are proposed; however, the By -law only allows one access point for a commercial lot of this width. Further, the landscaped areas separating the parking area from adjacent residential zones must be a minimum of 3 metres wide. The applicant has been made aware of these deficiencies in the preliminary site plan and has no objection to modifying the layout accordingly. This development would require a minimum of 14 parking spaces to meet the City's parking standards. A total of 39 parking spaces are proposed although the amount of parking will decrease slightly upon relocation of the building to meet the rear yard setback requirements. The revised parking configuration must conform to the off - street parking dimensions for both parking stalls and manoeuvring aisles. Given the excess of parking spaces beyond minimum requirements, staff suggest that a significant portion or all of this excess parking space be used to provide an enhanced landscaped buffer for the adjacent residential property. In addition, eliminating the excess parking would reduce the amount of stormwater run-off from the site. A fence should also be included in the development to screen neighbouring residential properties. Staff are not satisfied with the proposed design of the building. The building is one hundred feet in length yet the front elevation shows only seven small windows and one entrance. This does not create an appealing or welcoming facade, especially considering there is no architectural detailing shown in the elevation. Despite the building's length, the front facade contains no articulation to create visual interest. The building's roof is over -sized and poorly proportioned creating the impression that the main floor is low and squat. Finally the building appears to be clad in vinyl siding, the vertical lines of which will fiirther emphasize the low, long massing of .: Rezoning Page 2 461 Millidge Avenue October 3, 2008 the building. The elevations will need significant changes in order to receive approval from the Development Officer. To ensure that the applicant adequately addresses the concerns raised with respect to the site plan, landscaping, and building elevations, staff recommend that revised drawings be submitted for the approval of the Development Officer prior to Third Reading of the amending zoning bylaw. CONCLUSION: The actual development of this section of Millidge Avenue has proceeded differently than envisioned in the Municipal Plan — towards a commercial service corridor rather than a residential neighbourhood. Given the location of the subject property on an arterial street, between an established District Centre and Neighbourhood Centre, the increasingly commercial nature of this section of Millidge Avenue, recent constriction of higher density residential uses in the area, and previous approval of the adjacent strip mall which was larger in size and intensity than the proposed development, the proposed rezoning from "R -1B" One Family Residential to "B -2" General Business can be supported. This support is conditional on modification of the proposed development to satisfy all applicable standards of the "B -2" General Business zone. Section 39 conditions are recommended to ensure a high quality development and protection of the neighbouring residential properties. DILLON Project No. 08 -418 •• Rezoning Page 2 461 Millidue Avenue October 3- 2008 PLANNING AND DEVEL OPMENTlURBANI ME ET DEVELOPPEMENT R -1A A -A F . ` +'4 -` *- •- �«k.._.... I it � �6 Subject $ite!site en FID(s)lNIF {s }; 00041517 question: i 'I �I LoratiGn: 461 avenue Millidge Avenue [Date- September 1, 2008 caleikhelle: Not to scale /Pas & I'bohelle Figure 1. 461 Millidge Avenue location. 170 Rezoning Page 2 461 Millidge Avenue October 3, 2008 ee �eea.�u PROF13-7 C6 FRONT CLCYATI aN rli;M1 Coc'X, --- Figure 2. Proposed front elevation of 461 Millidge Avenue. 171 Rezoning Page 2 461 Millidge Avenue October 3, 2008 0 Figure 3. Proposed site plan for 461 Millidge Avenue. 172 Al Al MI Rezoning Page 2 PLANNING AND DEVELOPMENT /URBANiSME ET DEVELOP "PE'MENT RS- 2 y. .,Y �1�► x -Z 7.TS ter. M y us •{ Y. �Y •.....Y„ q .r '�•Y..Yirt •.il; r 1,! R Ton, a I 1 Subject Sitelsite en question: PID(s) /NI P(s.):. 00041517 Location: 461 avenue Millidge Avenue Date: September 12, 2008 Scale /echelle: Not to scale /Pas & 1'khelle Figure 1.461 Millidge Avenue location. 173 Rezoning Page 2 461 Millidge Avenue October 3, 2008 PROTOSCO !'BONY [LCVAYSUR Figure 2. Proposed front elevation of 461 Millidge Avenue. 174 Rezoning to it JAI Figure 3. Proposed site plan for 461 Millidge Avenue. 175 Page 2 V6 JLNA4 IF "07 f Crt:;D - s OCT 1 2008 Dear Planning Advisory Committee Members: October 1, 2008 RE: Rezoning Application — 461 Millidge Avenue As a resident and property owner of 471 Millidge Avenue, I Uff6 negatively impacted by the rezoning of 461 Millidge Avenue. For a number of reasons outlined throughout this letter, I am against the rezoning application for 461 Millidge Avenue from "R -113" One Family Residential to "B -2" General Business. The area that is being considered for rezoning will surround two sides of 471 Millidge Avenue. That, in addition to the commercial area already in place which is home to a number of businesses including a Subway restaurant, will create an island effect for 471 Millidge Avenue. As my fist home, I have had possession of the property since May 15, 2008. Having lived at 471 Millidge Avenue less than six months, I was concerned by the notification of a rezoning application adjacent to my property. There is some question as to why the owner of 461 Millidge Avenue did not choose to purchase the property at 471 Millidge Avenue and rezone the entire area as commercial. As a relatively new resident to the area, I have not been aware of the numerous development applications that have been coming before the Planning Advisory Committee in the past. The Brunswick Pipeline and the commercial area housing Subway, a car wash and other businesses as well as the condominium development and additional subdivisions in the area have created a feeling of overwhelming development for residents. This was derived in speaking with residents in the vicinity of the development. Some of the new developments have caused some issues for residents along Millidge Avenue in relation to water drainage. A natural stream that runs behind properties along Millidge Avenue also meanders behind 461 and 471 Millidge Avenue as they are the low point in the area. Any further creation of impervious surfaces and developments that require the area to he filled in will likely result in additional water drainage issues along Millidge Avenue and certainly for the single residence of 471 Millidge Avenue. Information provided by the Department of Environment has indicated that the area behind the residence at 471 Millidge Avenue could be classified as a wetland and any proposed developments should consider this area as an important natural feature for Millidgeville. Wetland delineation should be completed and permits acquired from the Department of Environment prior to any development. The map and documentation attached to this letter indicate that the area that is already developed could have significantly impacted the natural water flow of the area and may have been constructed over a wetland. It should be investigated to see if the project was subject to a Watercourse and Wetland Alteration Permit and/or a Provincial EIA. The residences at 461 and 471 Millidge Avenue are not technically guided by the Millidgeville Secondary Plan however; the area is in close proximity and should be considered under the Plan as development increases. In reviewing the Millidgeville Secondary Plan, there are a number of features that indicate the proposed development goes against the rationale and objectives. Page 1 of 3 Author: H. Quinn 176 The Plan Rationale indicates that Millidgeville is perceived by residents to have characteristics including a pleasant neighbourhood environment; waterfront views and abundant open spaces; and an aesthetic blend of natural environment with built form. Allowing a development to occur and `island' a residence would go against many of these attributes. There is recognition of many opportunities for the Millidgeville area and it indicates that "there is sufficient land to allow proper planning as development proceeds ". The Secondary Plan attempted to resolve a number of issues including `a temptation to allow development on a sporadic and dispersed basis'. Permitting developments on an individual basis in areas that are not appropriate for such developments does not attempt to resolve this issue. The Secondary Plan Objectives indicate that the Plan was developed to address a number of issues including permitting future institutional and commercial development at a scale which preserves existing lifestyles, promoting orderly physical development which recognizes the existing service characteristics and physical features of the area and strives to protect the natural environment and encouraging new commercial, civic, and institutional construction to maintain architectural consistency in design, the use of natural materials (brick, stone, wood), colour (earth tones), and scale compatible with that of most existing developments. Permitting additional commercial development over a natural feature as important as a wetland or stream would undermine many of the Plan objectives that strive to preserve natural areas. Rezoning a residential property to permit additional commercial development in an area that has been mainly residential would not preserve existing lifestyles for residents. If the development is to follow in the path of the commercial area already in the vicinity, it will not comply with natural features and characteristics as the Plan recommends. The Plan also indicates that the policies established are "to create a high quality residential environment '. In the section regarding residential development, there is a recommendation to encourage a high quality single family residential environment in the area. The Commercial Development section of the Plan indicates that the objective for the Millidgeville area is to create a `core' commercial area. This `core' area is recommended to be located on the opposite side of Millidge Avenue from Millidge Place. This would not be in the area that is under review for rezoning. The section on Environmental Quality notes many different features of minimizing noise, air and water pollution to enhance quality of life. It also recognizes adequate buffering where one land use adversely affects a neighbouring land use. If we are to learn from previous experiences, this policy was not adhered to in the development of the commercial area adjacent to 471 Millidge Avenue as the buffer is simply a fence. There are a number of other features in the plan which addresses Neighbourhood Character, Home Occupations, Commercial Development and the Neighbourhood Commercial Centre which also indicate that the proposed development does not adhere to the principles and objectives for the area. In addition to some of the above concerns, there are also issues around increased noise due to traffic adjacent to the residence at 471 Millidge Avenue. The commercial development that houses Subway provides a level of light pollution that is somewhat tolerable however; an additional Page 2 of 3 177 Author: H. Quinn commercial area should address lighting concerns of residences on both sides. Air pollution could become an issue if cars are left to idle in the parking lot surrounding 471 Millidge Avenue. Although traffic into the commercial area was addressed above as potential noise and air pollution, some attention should be paid in regard to the Somerset- Millidge Avenue intersection and how this new commercial area will affect that intersection and the flow of traffic in the area. Further to the information provided above, recognition of the existing commercial spaces for lease in the vicinity of the proposed development should be noted. Pictures of recent spaces for lease are attached to this letter including space in Millidge Place, on Somerset Street (across from Superstore) and Hilyard Place. King Street which is located in the core of the city is facing a number of vacant spaces and challenges for commercial businesses. The city should consider the proposed need for additional commercial space when other commercial areas are serviced and zoned yet underutilized. The City of Saint John has set some recent precedence in rejecting commercial zoning applications that would `island' a residence and create a less conducive living space. It is expected that this application will undergo the same scrutiny and that the system will provide a fair process and determine what is best for the area and residents. In summary, it is recommended that: 1. the Planning Advisory Committee reject the application to rezone 461 Millidge Avenue as it goes against the Millidgeville Secondary Plan for the City of Saint John, it will pose water drainage issues and disturb a natural wetland and stream, there is sufficient commercial development in the area for the near term, and it will `island' a residence from other residential buildings. 2. the City's Planning Department work with the Department of Environment to investigate the area behind Millidge Avenue and along Boars Head Road that follows the natural stream and wetland area to determine the impact on the wetland and water drainage. Any further development applications should consider the water in the area and its impact on existing infrastructure. Recent weather events have increased awareness in Saint John to natural features which drain water beyond built infrastructure. More attention should be paid to these areas as fiu-ther development is expected in all areas of the city. 3. residences along Millidge Avenue should be considered as part of the Millidgeville Secondary Plan as increased development activities in the area should adhere to a specific development plan that focuses on maintaining the integrity of neighbourhoods. It should be further noted that residents in the area consider themselves as being part of Millidgeville. Sincerely q0 �1� Heather Quinn, P. Eng. Owner of 471 Millidge Avenue (PID 00041525) Attachments Page 3 of 3 178 Author: H. Quinn Quinn, Heather From: Hentze, Reed (ENV) Sent: Monday, September 29, 2008 1:42 PM To: Quinn, Heather Subject: Potential Wetland Constraints for PID 00041525 Importance: High Attachments: Heather Quinn.pdf Dear Ms. Quinn, Llk Heather Quinn.pdf (150 KB) Per your request I have reviewed your PID identified as # 00041525 for potential wetland constraints and have attached a figure showing likely regulated wetland areas (BLUE). Please be advised that a Watercourse and Wetland Alteration Permit is required for any alteration within 30 metres of a regulated wetland per the Watercourse and Weiland Alteration Regulation (REFG 90 -80) of the Clean Water Act and if the wetland is greater than 2 hectare in area that EIA Registration through the Environmental Impact Assessment Regulation (REG 87 -83) of the Clean Environment Act may also be required. EIA registration for impacts to large wetlands is a legislative requirement, not policy nor guideline. It is law. Please also be advised that alteration, as defined in the act includes: • "Alteration" includes but is not limited to; excavation, the addition of fill, trenching, ditching, watercourse realignment, road building, grading, lot prep, removal of trees, removal of vegetation, construction of any structure or dwelling, the construction of any deck, sidewalk, pathway, or patio, the installation of septic tanks or fields, and the installation of utility poles. It appears that your lot abutsloverlaps on the edge of a very large wetland complex that extends for several hundred metres and this wetland continues through the rear of your property. At a minimum, if you propose any alterations in the back of your yard I would suggest that your site be visited by a recognized wetland Delineator during the appropriate field season and have wetland boundaries delineated according to the NB minimum standards. I have attached the latest list of ENV Recognized Wetland Delineators. This request is consistent for any new development/alteration within regulated areas and aims at accurately determining regulated boundaries for the proponent. This potential wetland area appears on aerial photography, soils mapping indicates poorly drained soils, and the depth to water table model data showing a very high water table. All of these data combined indicate an extreme likelihood of a regulated wetland in this area. As far as permitting goes I cannot say what will be permitted or refused until an application is in hand for review. As your has been developed prior to the legislation I would suggest that some minor alterations on the rear of your property may be permitted. If this was a new lotldevelopment impacts would likely have to be extremely limited to maintain the integrity of the wetland habitat. Please be advised that environmental permitting for wetland impacts must be reviewed through a three tiered approach of avoidance, mitigation of unavoidable impacts, and finally compensation. This approach is listed in the NB Wetland Conservation Policy, This Policy was developed by GNB based upon the best scientific data available at the time and approved by government as a framework for wetland conservation /management in New Brunswick. Avoidance means avoiding the wetland feature and buffer all- together. Some alterations may be permitted if mitigation measures are employed to limit impacts to the wetlands. Compensation is only considered when the Department has determined that the proponent has demonstrated a suitable "avoidance argument, not based on financial gain or loss, nor based upon cosmetic alterations such as landscaping. If you have any further questions regarding wetlands, NB wetland Regulation or Policy or values or functions please feel free to contact me to discuss. Much of this information is available through the links in my signature below. 179 Sincerely, Reed Hentze ------ ----------------------- --------------- -- ----------------- ------------ - - - - -- Reed Hentze Wetland Biologist Watercourse and Wetlands Alteration Program New Brunswick Department of Environment 506 - 4574850 New Brunswick Wetlands Conservation Policy: hqp://www.pb.ca/0078/publications/wetiands.p Watercourse and Wetlands Alteration Regulation: hqp://www.gnb.ca/0062/regs /90-SO.htm NB Watercourse and Wetland Alteration Guidelines: hn://www.iznb.ca/0009/0373/0001/0004-g.asR NB Watercourse and Wetland Alteration Package: hqp://www.p-nb.ca/0009/0373/0001/0004-L.as2 A Guide to NB Wetlands: hqp: / /www.gnb.ca/0078/ publications /wetland gruide -e.pdf NB Wetland Information: hqg: / /www.gnb.ca/0078 /fw /wetlands /fag -e.asp Wetkit Link: bM: / /www.wetkit.net/modules /l/ Environment Canada Wetland Information: bgp: / /www.ec.gc.ca/ default .asp ?fang= En &n= 540B1882 -1 RAMSAR Convention on Wetlands: bttp; / /www_ .ramsar.orl :m PID 00041525 Potential Wetland Constraints PID Boundary Legend 0 PID Boundary Wet Forest Inventory SITE Indicator D Flooded (Likely Floodplain Wetland) 4i Poorly Drained F Wetland Depth to Water Table From Surface <VALUE> - 0 - Surface (LIKELY WETLAND) - 0 -10 cm (EXTREME Wetland Potential) N - 10 -15 cm (HIGH Wetland Potential) - 15 -25cm (MODERATE Wetland Potential) W E >25cm (Possible Wetland) I v 0 250 500 Meters tltt► While this map may not be free of error or omission, care has been taken to ensure the best possible quality. ENV makes no representations or warranties, either expressed or implied, as to the accuracy of the information presented on this map and the client assumes the entire risk as to the use of any or all information. Attachment (Rezoning 461 Millidge Ave.) Commercial Areas for Lease in Saint John Millidge Place — September 24, 2008 Sommerset Street — September 29, 2008 Hilyard Place — September 30, 2008 Parrtown Place (King St.) — September 30, 2008 182 Rezoning Letter October 1,2008 Dear Planning Committee Members: RE: Rezoning Application - 461 Millidge Avenue "007 I am against the proposal for the rezoning application for 461 Millidge Avenue from "R 1B" One Family Residential to "B-2" General Business. I am a resident of Millidgeville, living at 441 Millidge Avenue, and feel that this rezoning would not be in our best interest. I feel strongly that changing to a business zone would interfere greatly with the residents along this stretch. My family moved here close to 5 years ago and have enjoyed it on the most part. We have had some trials to deal with; flooding of our property and basement; noise from the car wash; heavy traffic at peak times; privacy, most of these of which are able to be varied,or modified. The flooding comes from a natural spring that runs adjacent to our backyard and we have dug and put drainage pipes and crushed rock underground to alleviate the problem. It seems everytime we dig and put a certain size pipe, we have more water problems the following season, and are wondering if the construction has interfered with the water flow. More construction would presumably cause more flooding. The worry of flooding would be greater to us because of the construction and building in a considerable wetland - as they would have to put in a lot of fill, blocking more of the natural watertlow. As I understand, this is against the Watercourse and Wetland Alteration Regulations to constrict a waterflow in a wetland area. Some other factors that do worry us are: 1) We would lose quality of life with more businesses moving into the area; ie: more traffic, more noise, more pollution. 2) Our property values as a residential area would lower considerably, Why are they trying to squeeze us out of this area? There are more business areas that can be renovated or developed without interferance with this stretch of homes.I understnd that this area has been under development for some time now, but it seems that the city is allowing the developers to overdevelop into businesses instead of residentiah. When will it stop? How are we little people to survive if the city wont help. Please say no to this continuing development in our stretch of homes. 3) They would be islanding one of our neighbours at 471 Millidge Avenue. This is totally unnecessary as there are so many other options for a business in the Millidgeville area without disrupting an already existing residential area 4) If the developers want this area for development, why can't they offer to buy us out instead of building all around us and making us feel like we are being overpowered in our own neighbourhood. Please help us to make a stand against the business development and return this area to a residential Page 1 1 183 • Rezoning Letter sector with people who care enough to fight for their homes1 Sincerely, Darlene Elliott , Millidge Avenue 50W8 -6179 Page 2 184 441 70 Dear Planning Advisory Committee Members: My name is Sharon Wetmore, of 468 Millidge Ave, my house is approximately 100 years old and I have proudly owed it for 10 years. I am opposing the rezoning of 461 Millidge Ave, for several reasons: Property Value: Who would purchase a home across the street or surrounded by commercial businesses, the value of my home on which I have spent thousands would go south, will my taxes go down we know that answer. I am sure my neighbors feel the same way. Traffic: I have a hard time now trying to get out of my driveway on a daily bases crossing four lanes of traffic we do not need more cars from another business. There have been a number of fender benders due to the entrance and exit to the Subway and carwash that exist now. Animals: They are proposing to clear another forested area and natural stream, I have deer and other small animals in my yard on a nightly base, where are they to go we will have a lot more of them on the roads. Water: There are three drains at the foot of my property to help with the water flow on my side of the street and its not working due to the apartments on top of the hill this winter will be a like five years ago when the ice sheet went out ten feet by twenty feet an accident ready to happen The land at the back of 451 has natural streams and wetlands, where is that water to go are they just creating another flood area? Owner: When the drawings were sent to us for the previous building f carwash} there were doors on the carwash to make it look better in this area, they have never been installed and he has had lots of time, will he do what is expected of him this time? When I purchased my home I enjoyed the peace and quiet of this area it was my little piece of Heaven now some days with all the blasting on both sides last year and this year and now more construction or destruction will there ever be some quiet. Please leave residual alone and put business where they should be, not here. I feel the previous rezoning was a mistake lets not make another. Thank You Sharon Wetmore DE 1 185 q3 Application for a Zoning By -law Amendment Cc� Demande de modification a I'arretk sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeu 4z Mailing Address of appkicant I Addresse postale du demardew Postal Code 1 Cade postal,2._�� Telephone Number/ Num6ro de tbldphone 33 — Sl Lff Home I Domicile Work I Travail Fax Number / Num6ro de telecopieur S0 (� Name of Property Owner (if different) / Nom du propridtaire (si different) Address/ Adresse [,e S if G� / o 0 P i; (Y. cY / (' 5 S Postal Code / Code postal ZS_ ) L 3 v Property Information / Renseignements sur la pmprietk Location 1 Emplacement -,11 L 1 ,-, , I'/, Civic # / No de voirie Street / Rue PlD / NIP Lot Area / Superficie du lot Street Frontage I Facade sur rue / Existing Use of Property 1 Utilisation actuelle de la propri& Y i! CG' l- � i L el Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel Change Zoning to / Modification du zonage e and/or / on 11 Text Amendr=t (indicate particulars) / Modi6cation due texte (h diquez les d6tails) Me Development Proposal / Proposition d'aminagement Description of Proposal / Description de la pmposidon 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. A Vous devez fournir un plan du site a I'echelle ill ustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'alavadon et route autre forme de renseignement, Le plan doit indiquer les dimensions de la propriN, !'emplacement de la totality des b0ments, des allies, des sires de stationnement, des amenagements paysagers et des panneaux de signalisation.11 est important d'indiquer la distance entre les limites de la propriao et les bdtiments. Provide reasons why these amendments should be approved / Fou= tout autre renseip=ut cottcernant votre proposition qui poturait etne approuv6m. Provide any other information about your proposal that would be helpful. / Foumir tout auue revs pement concernant votre proposition qui pourrait ftre We. Sigaature of Applicant / Signature du demandeur fete .'. 'l $400 Application Fee Enclosed / 0-joint les frais de dema nde 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. Signaueue of Owner (if applicable) Signature due propMaire (s'il y a lieu) Date: Si vous n'ttes pas le proprWaire du terrain en question, veuillez obtemir la signature du proprijtaire dons la partie ci4ssous. La signature du propnitaire autonsunt le traitement de 100sente alemande pour que cette derniere soil examinae par le conseil communal. 187 PROPOSED ZONING BY -LAW AMENDMENT RE: 341 ASHBURN ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, October 14, 2008 at 7:00 p.m,, by: Rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID No. 55003982, from "RF" Rural to "I-1" Light Industrial, as illustrated below, (INSERT MAP) REASON FOR CHANGE: To permit the land to be used in coniunction with the adiacent vehicle storage compound. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 :: PROJET DE MODIFICATION DE L'ARRtTE SUR LE ZONAGE OBJET: 341, CHEMIN ASHBURN 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 Parrete sur le zonage de The City of Saint John. lors de la r6union ordinaire qui se tiendra daps la salle du conseil le mardi 14 octobre 2008 a 19 h : Rezonage d'une parcelle de terrain dune superficie d'environ 1731 metres carrels, situee au 341, chemin Ashburn, et 6tant une partie du NID 55003982, de zone rurale «RF» a zone d'industrie 16gere o)[4)), comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre ('utilisation de la propri6t6 conjointement avec 1'enclos d'entreposage d'automobiles adjacent. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a I'h6tel de ville au 15, Market Square, Saint John, N, -B,, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention du soussigne a I'Mtel de ville. Elizabeth Gormley, Greffiere connnunale 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 341 Ashburn Road, October 14, 2008 Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad " SJTJ Classifieds Date(s): Tuesday, September 16, 2008 and Tuesday, October 7, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text; INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerVGref Ere communale Contact: Telephone; (506) 658 -2862 :• BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETA No C.P.110- ARRETA MODIFIANT L'ARRETA SUR LE ZONAGE DE THE CITY OF 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: decrete ce qui suit: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to "1- 1" Light Industrial. - 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 Uarrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par: 1 La modification de l'annexe aA», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 1731 metres carrels, situee au 341, chemin Ashburn, et etant une partie du NID 55003982, de zone rurale RF» a zone d'industrie legere o I -1 ». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture I ad October 8, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 341 Ashburn Road On September 15, 2008, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 7, 2008 meeting. Mr. James McLean, President of Loyalist City Towing Ltd., appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in opposition to the application and no letters were received by the Committee. After considering the attached report and the applicant's presentation, the Planning Advisory Committee made the recommendation as set out below. RECOMMENDATION: That Common Council rezone "Parcel A" of PID 55003982, at 341 Ashburn Road, from "RV Rural to "I -1" Light Industrial in order to permit the land to be used in conjunction with the adjacent vehicle storage compound. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -417 192 DATE: OCTOBER 3, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 7, 2008 1) tl Hotly X4cM cktn Planner, Dillon Consulting Limited SUBJECT: Name of Applicant: Loyalist City Towing Limited Name of Owner: Province of New Brunswick Location: 341 Ashburn Road PID: 55003982 Municipal Plan: Heavy Industrial Zoning: Existing: "RF" Rural Proposed: "I -1" Light Industrial Proposal: Permit the land to be used in conjunction with the adjacent vehicle storage compound. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Tuesday, October 14, 2004. 193 Rezoning 341 Ashburn Road STAFF RECOMMENDATION TO COMMITTEE: Page 2 October 3, 2008 That Common Council rezone Parcel A of PID 55003982, at 341 Ashburn Road, from "RV to "I -1" in order to permit the land to be used in conjunction with the adjacent vehicle storage compound. BACKGROUND: The subject property (identified as Parcel A in Figure 2) is owned by the Province of New Brunswick and is a portion of PID 55003982 which is a large flag lot approximately 11.09 hectares (27.4 acres) in size, with 28.2 metres of frontage onto Ashburn Road. The property is located in a light industrial area on Ashburn Road (Figure 1) and is currently zoned "RV Rural. The adjacent property owner —Loyalist City Towing — operates a long- standing industrial use and has been encroaching on the subject property for a number of years. The Province has agreed to transfer the parcel to Loyalist City Towing to legalize their occupation of Parcel A. As a condition of the Purchase and Sale Agreement, the Province requires the parcel to be rezoned from "RV Rural to "I -1" Light Industrial. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed rezoning. Building and Technical Services has no objections to this proposal. Fire Department has no objections to this proposal. ANALYSIS: Loyalist City Towing Limited operates a large vehicle storage compound adjacent to the subject property. The compound is almost entirely bordered by a high wooden fence that screens the industrial property from Ashburn Road. Many neighbouring properties are also similar light industrial operations. A portion of this long- standing industrial use (the company's buildings and parking area) encroaches onto the subject property (Parcel A). Loyalist City Towing Limited's encroachment onto Crown property is longstanding and unintentional. The property owned by the Province (PID 55003982) is a large piece of land that could potentially be subdivided for development in the future. Currently, only a narrow portion of the property fronts onto Ashburn Road (Figures I and 2). Following the transfer of Parcel A to Loyalist City Towing, the remaining road frontage of PID 55003982 will be sufficient to allow a 194 Rezoning 341 Ashburn Road Page 3 October 3, 2008 20 metre public street right of way should the need to facilitate subdivision of the land for development arise in the future. CONCLUSION: The proposed rezoning can be supported without conditions as it will apply to a longstanding industrial use, is endorsed by the Province of New Brunswick, and is necessary to allow Loyalist City Towing Limited to remedy their historical and existing encroachment onto Crown land. DILLON Project No. 08 -417 195 Rezoning Page 4 341 Ashburn Road October 3, 2008 Figure 1. Parcel A fronts on Ashburn Road. im Rezoning 14l Ashburn Road ~ Kimbedy --Lloyd Developments Limited __- Her Majesty The Gueen PID 55003062 Loyqlist City; Towing Ltd. Lot 2 No, 46 (n 57,712 RD 550 711 W Ashburn -1�� Road � -, ---' -' 1977 Lot 95--1 �.Wi No. 200297 e+8, 4C`I� r r Figure ISur-eT showing Parcel /\ and Loyalist City Towing Limited. 197 Page 5 October 3`2OO8 Rezoning Page 6 341 Ashburn Road October 3, 2008 Figure 3. Loyalist Cite Towing Limited. im Rezoning Page 4 341 Ashburn Road October 3, 2008 PLANNING AND DEVELOPIIIMENTIURBANISME ET DtVELOPPEMENT -2 r/ RIt f Ff e. R 2 1-2 , `• t SZ13 :. RR if. `ti• R R s` f r 1 ,� R R �1. e It F e PID(s)lNIP(s): Subject Sitelsite en question: Portion of 55003982 Location: 341 chernin Ashburn Road Date: September 12, 2048 Scalelechelle: Not to scale /Pas A I'echelie Figure 1. Parcel A fronts on Ashburn Road. 199 M Rezoning 341 Ashburn Road Kimberly —Lloyd Qeveloments i.irntted Sea Mo Fie 41. Mo. 121 8 Mtk a/ $uriap - 1... #. yrepwod b/, on .thv Suewya de . 4lornupani! ltd Jmway #, 20ti0 Her Majesty The Queen (64partmaat of Matwd Rewu ) Sea Pion Mo. 544 P10 6$643982 Sao PWn of Wnt John lway EWt - $Beat i Lo Aanpvm Loka Rood d I e ixy Wepared by 6abb6 Survey! Ltd. es Januery�T, 1977 Lot 95 -1 Sae Pion W. 200W PQ $5118073 Figure 2. Survey showing Parcel A and Loyalist City Towing Limited. 200 e_* s. C-S Y %P Ma, 177fd1 Page 5 October 3, 2008 � t N t F - F r I t ^o _ n �` n n Loyotist CityiTowinq Ltd. l �OQ O L ! ry t f a v !k X Lot 2 Plan rRa 36, Mo, 146 o I 1 P* 52714 PI6 $5671183 Lot 1 40CUetianE 3W2354. Volume 1424. See Plan M 1 yl 36, 1b, Jos Pips 109 v t 1 4 1 1 t 46 Ashburn Road Sao PWn of Wnt John lway EWt - $Beat i Lo Aanpvm Loka Rood d I e ixy Wepared by 6abb6 Survey! Ltd. es Januery�T, 1977 Lot 95 -1 Sae Pion W. 200W PQ $5118073 Figure 2. Survey showing Parcel A and Loyalist City Towing Limited. 200 e_* s. C-S Y %P Ma, 177fd1 Page 5 October 3, 2008 Rezoning Page 6 341 Ashburn Road October 3, 2008 Figure 3. Loyalist City Towing Limited. 201 q,q Application fora Zoning By-law Amendment CO) Demande de modification A 1'rrete sur le zona e Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur _ h N L A m M T Mailing Address of applicant / Addresse postale du demppa<deur `j `, a 1 t� % �JG h 4 9, F Postal Code / Code postal _ e Q L y y Telephone Number / Numtro de tdldphone . &.3 3 — 8 800 Home I Domicile V q1 3 - A c� 3 5 Work / Travail _ �/ 3.3 - .28 0 0 Fax Number / Num6ro de teleoopieur tc 3 3 , 751 / Name of Property Owner (if different) / Nom du proprikaire (si different) Property Information / Renseignements sur Is proprietk Location I Emplacement a (l q IV v S lR 0 A 3 g �� `� Civic !! l No de voirie Street / Rue P1D I NO Lot Area / Superficie du lot L kh Street Frontage / Fag;& sur rue Existing Use of Property / Utilisation acteelle de la lxopr & e4 Municipal Plan land Use Designation Designation de utilization des terns sur le plan municipal Amendment Requested / Modification demand6e CIL P7it [ 6l Zoning I Zonage actuel ( LjhrS e r v j c c�c Me Address / Mresse _ ��. f v 0 R 5 f`C y a� Postal Code / Code postal _ Property Information / Renseignements sur Is proprietk Location I Emplacement a (l q IV v S lR 0 A 3 g �� `� Civic !! l No de voirie Street / Rue P1D I NO Lot Area / Superficie du lot L kh Street Frontage / Fag;& sur rue Existing Use of Property / Utilisation acteelle de la lxopr & e4 Municipal Plan land Use Designation Designation de utilization des terns sur le plan municipal Amendment Requested / Modification demand6e CIL P7it [ 6l Zoning I Zonage actuel ( LjhrS e r v j c c�c Me Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition c er 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. C-4 14- Mous 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'elivation et toute autre forme de renseignement. Le plan doil indiquer les dimensions de la proprWh,1'emplacement de la WOW des Miments, des a1kes, des aires de stationnement, des amMagements povsagers et des panneaux de signalisation.11 est important d'indiquer la distance entre les limites de la proprUM et les b6timents Provide reasons why these amendments should be approved / Fourmr tout autre renseigaement conceMM votre proposition qui pourrail etre apprwvEes. Provide any other information about your proposal that would be helpful, / Fournir tout autre rtnseignement concern= votre proposition qui poumit etnc utile. UL lY CJ Il c 1 "9 �A a'V, \", -' -�V �(?- n) A' Sigoaturc of Applicant / Signature du demanders Date pd� El SO Application Fee Enclosed I Ci joial les frais de demande de 400 s If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Sipature of Owner (if applicable) Signature due pMxi&aire (s'd y a Geu) Date: Si vows n'eles pas le propriitaire du terrain en question, veufllez obtenir la signature du proprietaire dans la partie cidessous. La signature du p v*taire autorisant le traitement de la prisente demande pour que cette derniere soil examinie par le coned communal Al 3 PROPOSED ZONING BY -LAW AMENDMENT RE: 299 NORRIS ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, October 14, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 299 Norris Road, having an area of approximately 4 000 square metres, also identified as being a portion of PID No. 55180152, from "RS -1" One and Two Family Suburban Residential to "B -1" Local Business. REASON FOR CHANGE: To permit the development of a dental office. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John. N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall, Elizabeth Gormley, Common Clerk 658 -2862 ,I_ PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 299, CHEMIN NORRIS 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'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra Bans la salle du conseil le mardi 14 octobre 2008 a 19 h : Rezonage d'une parcelle de terrain dune superficie d'environ 4 000 metres canes, situ6e au 299, chemin Norris, et 6tant une partie du NID 55180152, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales uRS -1» 6 zone commerciale locale «B -1 ». RAISON DE LA MODIFICATION: Permettre Pam6nagement d'un bureau dentaire. Toute personne int6ress6e peat examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s, Veuillez faire parvenir vos objections au projet de modification par 6crit a ('attention du soussigne a ('hotel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 299 Norris Road, October 14, 2008 Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad ° SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, September 16, 2008 and Tuesday, October 7, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action. Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 We IA w O 87.38 ra 17T 57' 20' oS �° •o y d` 0% le LOS X 6 or to a le shore � � x . ..o 0 0A lo 0 d 1G N Cl 0) LO , 10�' c9 d yr � 2 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOAN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 299 Norris Road, having an area of approximately 4000 square metres, also identified as being a portion of PID Number 55180152, from "RS -1" One and Two Family Suburban Residential to `B -1" Local Business. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT VARRETA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de I'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 4000 metres carres, situee au 299, chemin Norris, et etant une partie du NID 55180152, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales ((RS-b» a zone commerciale locale «B -1 ». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arr@te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - DeuxiBme lecture Third Reading - Troisieme lecture ,e: October 8, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 299 Norris Road On September 15, 2008, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 7, 2008 meeting. Prior to the meeting, the attached letter was received from Dr. Lynn Lamont requesting that the application be withdrawn. One other letter, in support of the application, was also received by the Committee. After considering the attached letter, the Committee made the recommendation as set out below. RECOMMENDATION: That Common Council withdraw the application to rezone a parcel of land at 299 Norris Road, also identified as PID Number 55180152. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -416 209 DATE: OCTOBER 3, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 7, 2008 fl Holy McMacki Planner - Dillon Consulting Limited SUBJECT Name of Applicant: Lynn Lamont Name of Owner: Lynn Lamont and Michael McGinnis Location: 299 Norris Road PID: 55180152 Municipal Plan: Unserviced Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "B -1" Local Business Proposal: To operate a dental office Type of Application: Rezoning 210 Rezoning 299 Norris Road JURISDICTION OF COMMITTEE: Page 2 October S, 2008 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Tuesday, October 14, 2004. STAFF RECOMMENDATION TO COMMITTEE: That the rezoning request be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning application: • According to the Subdivision By -law, all parcels of land must abut a public street owned by the City. • This area is not serviced by Municipal Water & Sewerage. • The application is not clear in terms of parking; it is assumed parking will be provided for on -site. • Site drainage plan must ensure that adjacent land owners are not adversely affected by the development. Building and Technical Services has no objections to this proposal. ANALYSIS: Site and Proposal The subject property is located on Norris Road, a semi -rural residential street near the Saint John Airport (Figure 1). Houses are situated on large lots and the area is unserviced. The applicant proposes to subdivide the 2.25 acre subject property into 2 lots of 1 and 1.25 acres. A dental office would be constricted on the smaller lot adjacent to Norris Road. The larger lot would contain the existing home (Figure 2). Constriction of the dental office requires a rezoning to "B- 1" Local Business. Municipal Plan Policies The general area is designated by the Municipal Development Plan as Unserviced Residential. The Plan envisions such areas in the community as being appropriate for the development of one and two - family dwellings on larger lots with on -site water and sewer services. The Plan also recognizes that certain non - residential uses are appropriate for such areas. These land uses are 211 Rezoning 299 Norris Road Page 3 October 3, 2008 intended to serve the needs of local residents and are compatible with residential uses. Such land uses include: elementary schools, daycare centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. When considering the compatibility of commercial properties in residential zones, the following criteria are considered: a) The proposed site location is on an arterial or collector street; b) The buildings will be of an architectural style suitable to the residential environment of the neighbourhood; c) The floor area is approximately 1000 square metres or less; and d) The uses conform to all relevant provisions of the Municipal Plan and the bylaws that implement it. In staff s view, the proposed development is not consistent with the Plan criteria. Norris Road is a local residential road, not an arterial or collector street. This type of roadway is not intended to accommodate commercial traffic; albeit the proposed development is not a significant traffic generator. Further, a dental office will draw a wider clientele than just the residents of the immediate neighbourhood. Staff also have concerns with the introduction of this type of commercial use in an unserviced area. The Municipal Plan encourages the development and concentration of commercial uses within or, when warranted, adjacent to designated commercial nodes where they are more easily serviced. Bylaw Standards The existing lot width of the subject property is 59.6 metres. The applicant intends to subdivide the property into two lots to facilitate constriction of the office building, if the rezoning is approved. Each of the resulting lots would require frontage on Norris Road and would need to meet the standards for their respective zones. The commercial property would require a minimum lot width of 15 metres, as per the "B -1" zone. The remnant residential property, which would be flag- shaped in order to provide access from Norris Road, would require a minimum lot width of 54 metres, as per the "RS -2" zone. With an existing lot width of 59.6 metres, the subject property is not wide enough to allow both proposed lots to meet the minimum width requirement. Septic System The Province of New Brunswick requires one acre minimum to approve a septic system. The applicant's plan has indicated the proposed "13-1" lot will be one acre. Figure 2, however, does not show a flag shaped remnant as required to provide access from Norris Road. Given the geometry and size of the existing lot (2.25 acres) it may not be possible to subdivide the subject property into a flag shaped remnant lot and a one -acre lot necessary to constrict an approved septic field. 212 Rezoning 299 Norris Road CONCLUSION: Page 4 October 3, 2008 There are several reasons why staff believes the proposed dental office is an inappropriate use in this area. Norris Road is a local residential road; the Municipal Plan limits commercial uses in residential zones to arterial or collector streets in order to retain the residential character and value of neighbourhoods. Locating a dental office on Norris Road, a semi -rural residential street, would not be in keeping with the residential nature or character of this street. In addition unserviced, non - residential development is inappropriate. Finally, if the proposed subdivision proceeded, the remnant lot can not meet the lot width standards for the "RS -2" zone. DILLON Project No. 08 -416 213 Rezoning Page 5 299 Norris Road October 3, 2008 Figure 1. 299 Norris Road. 214 Rezoning 299 Norris Road \\ � ot U-Wmr, T9Jmi- A J . \a=- MUUIN N FN§ 1, Y NN LAMONT = -04 C)V 06 ILS''ROA L) SAMT PUYTPLAN. L -NORRIS ROAD Figure 2.P J dental office and subdivision. 245 Page 6 October 3, 2008 Rezoning Page 5 299 Norris Road October 3, 2008 Figure 1.299 Norris Koad. 216 • Rezoning 299 Norris Road II` �A •- fi 98�T[CT - y1¢U591-'- 1❑ `y �1 IMN F� ra .f . l�wi11 k�esvJatrrdd u �. . oYY- �re'zranSne�. i8 r( fn ate,- ovedl. MIKE MCOINNESS LYNN LAMONT LOT W04 NORRIS ROAD SAINT JOURN,B. •• •� PLOT PLAN r jf_ X t 4y sc �► E 3- hod"" 4 L 6: NORRIS ROAD Figure 2. Proposed dental office and subdivision. 217 m Page 6 October 3, 2008 September 24, 2008 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 Dear Sir/Madam: 60 This is to provide you our views in response to Ms. Sarah Herring's letter of September 18, 2008, concerning the rezoning application at 299 Norris Road (project no. 08 -416). We have reviewed the applicant's proposal and are in favour of the proposal to rezone a portion of the above mentioned property to permit the construction and operation of a dental office. Sincerely, w�K °sue. Robert and Yvette Bosse P.O. Box 2717 6 Irish Rose Lane Saint John, NB E21, 4Z1 RM-FIVED SFp 218 f MAY -27 -2004 03:14 From: Dr. Lynn Lamont 300 CROWN ST. SAINT J01 4N N.B. E2L 2Y4 506- 633 -8500 (fax)506- 633 -7511 October 7, 2008 Holly McMatchin; To:1 P.1/1 • D � /4P I would like to withdraw my application for the rezoning of property at 299 Norris Road, Saint John, NB. I will not be attending the Planning and Development meeting scheduled for October 7, 2008 at 6pm. Thank you for your time in this matter. If you have any questions, you may contact my office and leave a message with my receptionist. Sinc 1, y, Lynn Lamont 219 BY -LAW NUMBER C.P. 110 -85 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 23 hectares, located at 861- 891 Fairville Boulevard, also identified as being PID Nos. 00032813 and 00032821, from 14" Heavy Industrial Park and "B- 2" General Business to "SC" Shopping Centre pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /afire ARRt A No C.P. 110-85 ARRET> MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr6(6 cc qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr6t6 le dix -neuf (19) d6cembre 2005, est modifie par: 1 La modification de I'annexe «A >), Plan de zonage de The City of Saint John, permettant de modifier la designation dune parcelle de terrain dune superficie d'environ 23 hectares, situ6e au 861 -891, boulevard Fairville, et portant les NID 00032813 et 00032821, de zone de parc d'industrie lourde ((1-4)) et zone commerciale gdnerale a zone de centre commercial a SC » conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6, EN F01 DE QUM The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2008, aver les signatures suivantes : Common Clerk /GrefTiere communal First Reading - September 29, 2008 Second Reading - September 29, 2008 Third Reading - we Premi6c lecture - le 29 septembre 20 0Il PLANNING 1 R DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING REZONAGE Amending Schedule W of the Zoning By -Law of The City of Saint John Modifiant Annexe uAs de I'Arrft de zonage de The City of Saint John 5• e 1 �e re p o. B� �r a sr -• O General Business I Zone commercial g6n6rale Heavy Industrial Park 1 Zone de parc d'industrie lourde TO / A SC Shopping Center -__ Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment � une resolution adopt6e par le Conseil municipal en vertu de I'article 39 de la Loi sur!'urrbanisme Applicant: Canadian Tire Real Estate Location: 861 -891 boul Fairville Blvd. PID(s)INIP(s) 00032813 & 00032821 06N76SW Drawn By /Cr66e Par: David Couture Date D. - October 09 octobre, 2008 1 Considered by RA.C.Iconsiddr6 par le C.C.U.: September 09 septembre, 2008 Enacted by CounciMpprouO par le Conseil: Filed in Registry Office/Enregistr6 le: i By -Law NArTO : M A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DAMS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du Conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Linder The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto " enacted on the 19 "' day of December, A,D. 2005, is hereby amended as follows: I Schedule D — One Way Streets is amended by adding the following words tinder the following headings: Streets Limits Direction Prince Edward From the most South- westerly. St. westerly point. of Prince Edward Street extending 50 metres Northeasterly IN WITNESS WHEREOF The City of Saint John has caused the Corporate Comnnoan Seal of the said City to be affixed to this by -law the day of September, A.D., 2008 signed by: Par les presentes, I'arrete de The City of Saint John intitule <c Arrete relatif a la circulation dans les rises de The City of Saint John edicte conformement a ]a Loi sur les vehicules a moleur- (1973) et modifications afferentes ) >, decrete le 19 decembre 2005, est modifie comme suit: I 1,'annexe D — Rues ii sens uniques est modifiee par I'adjonction des mots suivants sous les titres suivants : Rues Limites Direction rue Prince A partir d'u[n point Sud -ouest Edward situe le plus A l'ouest de la rue Prince Edward jusqu'a 50 metres plus loin en direction nord -est EN FO1 DE QUOI, The City of Saint John a fait apposer son sceau municipal Sur le present arrete le septembre 2008, avec les signatures suivantes : Mayor lMaire Common Clerklgreffiere communale First Reading - September 29, 2008 Premiere lecture - le 29 septembre 2008 Second Reading - September 29, 2008 Deuxieme lecture - le 29 septembre 2008 Third Reading Troisieme lecture - 222 A Application for a Zoning By law Amendment a Munlei �otl't eh�uYlet Demande de modification k i'arrW sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant I Nom du demandeur 7 p U E 0 !M tN T S -rw C - Mailing Address of applicant / Addr= postale du demandeur 6 SO S "� � i 09-1 •• �J). 5 /q TN j 3- 0 C ^1 N 1 r , Postal Code / Code postal t 2 K S C7 Telephone Number I Num6ro de t6ldphone S� b b S �i ' O b S- 3 Home I Domicile Work I Travail - Fax Number / Num6ro de 1616copieur �� 6 ' - 5- 9 0 Name of pmpe tyLOwner (�f different) / Nom du propri6taire (si different) Address I Adresse postal Code I Code postal Property Information / URenseignements sur la proprike' Location I Emplacement _ I - S �04 9S K f �'D �D • � 9 Civic # / No de voirie Street / Rue p1D / NIP IL r Lot Area / Superficie du lot z6 21Y �4 Street Frontage / Farade sur rue i qq 111 Existing Use of Property I Utilisation actuelle de la propridtd 5 Z^t G t: Municipal Plan land Use Designation D6signation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present zoning I zonage acme, F- i A On e E V Change zoning to / Modification du zonage d 0 W /� �} 0 u S T t4 and/or I ou Text Amendment (indicate particulars) I Modification due texte (indiquez lcs d6tails) IT) nArVY111 9/b 06ed !Ndtl:E So•9Z-unf !LEOU99 'NHOf 1NIVS AM :A9 ;oaS 223 Development Proposal / Proposition d'aminagement Description of Proposal /Description de la proposition C ONSi Ck ST h 4N ©F TW0 57 -04 fy TowNf c<7f 5 fir st To � 9EN i w oo b CeC5 . You must provide a scaled site plan that Illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any otherform ofinformation. Theplanmust show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Yous devez fournir un plan du site h Nchelle illustrarrt votre proposition. Yous pouvez irgatement fournir des photographies, des plans de bdtlment, des dessins de plan d'dllvation et toute autre forme de renseignement Le plan doit indiquer les dimensions de la propridTd,1'emplacement de la totallte des bbtiments, des alldes, des areas de statlonnement, dcs amdnagements paysagers et des ponneaur de signalisation. Il est important d'indlquer la distance entre les limites de la proprIN et les boments. Provide reasons why these amendments should be approved. / Fourair tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. C0rK pcstM EST roC nTcw -of vfcoPMENT of CON b VXgPheTto k qT-N D F NIs„ PRDffeTy. C�Ev�coP� /-�•v ExzsT�G` gRoPt TY wN=cK ivovO 9(gLakE 5LGNzFrcA.vT e cCp4s. Provide any other information about your proposal that would be helpful. / Fournir tout autre relMignenrent coneernant votre proposition qui pourrait dtre utile. T-ry C 90E E TH E TAY �IN E Wl o'D E feN =2 f T H E S I T 6 elf AS f T -H� - ��rvs�ry of ,,f�' �tNC�fkUEvffCoPEc7 s =rE. Signature of Applicant / Signature do demandeur ,hjF,FWA WA '� $400 Application Fee Enclosed/ Ci -joint les frais dedemande de 400 $ If you are not The owner of the land in question St vous nWes pas le propri6taire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed cl- dessous. La signature du proprigtaire autorisanl le for consideration by Common Council, traltement de la pr6sente demande pour que cette derniere soll examinde par le Conseil communal. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) Datr, � J 919 abed 'ndtt:e So-eZ•unf !a9ZB49 'NNOr 1NTVS h110 :A6 TueS 224 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 435 BOARS HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: Amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES —Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme/Character "Townhouses may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, October 14, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of townhouses Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 13, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B, between the hours of 8:30 a.m, and 4 :30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 435, CHEMIN BOARS HEAD Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a ('intention d'6tudier la modification du plan d'am6nagement municipal comme suit: La modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'am6nagement «D »: chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxi6me paragraphe sous la rubrique «Th6matigue et caract6ristigue de 1'am6na eg ment» : «Les maisons en rang6e peuvent aussi We am6nag6s sur la parcelle de terrain situ6e au 435, chemin Boars Head (NID 00049833).» Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le mardi 14 octobre 2008 dans la salle du conseil, au niveau du hall d'entr6e, A Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre l'amdnagement de maisons en rang6e. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 13 novembre 2008 a Vattention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Purbanismc et du d6veloppement a 11i6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffi6re communale 6582862 225 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 # 71266 Contact: Elizabeth Gorn le Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Reference: 435 Boars Head Road MPA —Oct 14, 2008 Public Presentation Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement "SJTJ Classifieds Date(s): Tuesday, September 30, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale C (SQ6) 658 -2862 We Map Scale / tchelle carlographique I : 600 Oil 8;0.1 i * - M i rZ4 VM;Vikr-W LM a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. la moilloure 1 possible. Cade carte est une re1 r6sentati1n graphique approximative des terrains (11mites, dimensions, configuration at emplacement). Elie Wa aucun caract6re officiel at ne doit done pas servir A la r6daction do la description officielle d'un terrain ni au calcul do ses dimensions exactes ou de sa superlicie. 227 i� ,�� V 4 i'�'rr� iw� �mN. �Ga �. "� pfd' x "� ,,� ° i 4Y �� '��id V� �p fl u ti ��u II ,� 4 fl� ��" N N I I I� � � September 30, 2008 Mayor Ivan Court and Members of Common Council Re: Council Policies Council has avery specific job. It is demanding and specialized. The more time you spend doing staff work, the less successful you will be doing Council work. We set policy/direction and monitor progress. "Leave the steering and the rowing tn the staff". Governance basics should include the following: ' Council decides what h wants toaccomplish; ' City Manager defines how b will bedone; - City Manager describes how and when activity will beevaluated; ' Council reviews evaluation to measure success. |nmy opinion, unless vve follow the above noted "basics" the number or frequency of meetings will not improve the business meetings of Council in moving our city ahead. Motion: To receive and file this report. Respectfully submitted, (So urceVerif ied) Councillor Chris Titus - G-I041 -�- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 | wvvw.sajntjohn.ca | CR 1971 Saint John, N.-B. Canada E2L 41-1 October 9, 2008 Your Worship Mayor Ivan Court and fellow Members of Common Council Re: An open discussion on referring motions I would like to have a short discussion on our referring of motions before all Council Members have a chance to discuss such motions. Motion; That Council have a brief discussion on the referring of motions before anyone has a chance to have input on such motions. Respectfully, (received by e -mail) Bill Farren 230 October 9, 2008 Your Worship Mayor Ivan Court and fellow Members of Common Council Re: Staff update on new garbage collection system I am sure a number of fellow Councillors have had a number of calls from upset residents concerning the new way the City collects garbage. I would like to have staff provide Council and the public on some of the positives and negatives they have encountered in the first week of operation. This should also include any pointers staff believe they feel the public could do to help improve the system. Motion; That staff provide the public an update on the positive and negative results to Council of the first week of the new garbage pick up system. Respectfully, (received by e -mail) Bill Farren 231 October 9, 2008 Your Worship Mayor Ivan Court and fellow Members of Common Council Re: Splash Park for Dominion Park During the last civic election a resident of Dominion Park asked me what I could do to help get a Slash Park so better use of the water that is running down the sewer, as a result of the Water Dept. needing to flush the water lines out for safety reasons. He mentioned he and his co- workers would help provide the man hours to do the piping and plumbing of the project at no cost, and that a large number of area residents support the idea. So I told him that I would see if we, as a Council, can get some thing started. Motion: That the City Manager, in consultation with the Leisure Services Department, include a splash pad in the Dominion Park area with the capital projects for 2009. Respectfully, (received by email) Bill Farren 232 October 8, 2008 Mayor Ivan Court and Members of Common Council Re: Speed Limit on Heather Way The speed limited nm Heather Way in east Saint John is 50 kilometers per hour, yet a79 year old woman was killed due to what is being called "excessive speed". Police have targeted this area many times. Heather Way is a four lane highway set in the middle of a highly populated housing development area that has fifty new homes presently being built at West Gate Park. These are all good reasons for the City to make a concentrated effort to find ways to reduce the speed immediately on Heather Way. MOTION: That City Council direct the Traffic Department to look atslowing down traffic onHeather Way be it with the placement of speed bumps or stop signs. Respectfully submitted, (Source Verified) Councillor Joe Mott SAINT JOHN RO. Box 1971 Saint John, NB Canada E21- 4L1 � www.sainLjohn.ca | C.R 1971 Saint John, N.-B. Canada EK41-1 October 8, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Saint John Harbour Clean -up progress report On October 3 2006, it was announced that an agreement was reached with the provincial government securing and providing 1/3 of the cost (26.6 million dollars) for the "clean -up" of Saint John Harbour. Of course, the other levels of government are contributing partners financing the approximately 88 million dollar project. Since this announcement, I have heard very little concerning this critical project. Many citizens have asked me "What progress has been made since these funds have been secured ?" Subsequently, I feel it is necessary for the City Manager to report to council and the public on the progress of the clean -up of Saint John's Harbour. There should be clarification about who is "driving" and managing this project. It would also be useful to create a communication strategy, insuring that citizens will receive on -going and regular updates. Specifically, it is initially prudent to have an understanding of time frames and a projected schedule for project completion. Motion: I propose that the City Manager prepare a progress report on the current status of the Saint John Harbour Clean -up project. Respectively Submitted, (Source verified) Councillor Snook 234 M & C — 2008 -295 October 10, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Banking BACKGROUND: In July of 2008, Councillor Sullivan brought a motion forward directing that "The City Manager submit a report with regards to the City of Saint John establishing a program of land banking." Councillor Sullivan explained that: With the impending energy boom in the City, and the furthering of the Benefits Blueprint, I believe that ire need to protect both , Saint John Non Profit (a City appointed non profit agency) fl -oIII potentially escalating prices. By controlling potential infill Space, the City Irill be in a strong position to control the type of development that occurs. The timing is such that in many of our Priority Neighbolirhoods 1 re should be able to bank land at a 1oir rate and in the future, turn it over to either non profit housing (and protecting their costs) or private developers (and return a pr(fit to the City). The Councillor's submission touches on a number of the objectives commonly pursued with a municipal land banking program. The purpose of this report is to respond to the Councillor's request by examining the opportunities and challenges associated with land banking initiatives. 235 Report to Common Council Page 2 October 10, 2008 ANALYSIS A Definition of Land Banking Land banking generally refers to the practice of purchasing land with the intent to hold on to it until such a time as it is profitable or desirable to sell it to others to facilitate urban development. Banked parcels are typically those that lie directly in the growth path of developing cities allowing the municipality to retain some control over the fiiture development of a particular area. A city land bank is sometimes also used to allow a municipality to acquire land when it is less expensive so that it can be developed for civic purposes or for uses consistent with municipal priorities in the fiiture. Banking is commonly used to provide a source of land for affordable housing. Land banking has also been used in other communities to prevent suburban sprawl by acquiring land to preserve green space thereby directing growth to existing built -up areas. Land Banking in Practice Land banking is often used by municipalities to facilitate the realization of mid to long term planned growth. As previously suggested, the need for fiiture roads, parks, recreation facilities and other municipal infrastructure is a key driver in such land acquisitions. In these instances, municipalities may realize significant savings via the acquisition of large parcels of raw land in areas that have yet to experience development pressure. A key to success with banking for long term growth is the ability to make acquisition decisions based on a comprehensive and current municipal plan. The municipality needs to be able to anticipate its fi ture needs with a great deal of certainty to avoid acquiring properties with no long term value. It should be recognized that land banking does require significant up front investment; a major budget commitment is necessary to provide the fiends necessary to establish an inventory. Further, several years of acquisitions must be pursued to establish the inventory. Given the nature of banking, long periods of time often must pass before the City's holdings become desirable to develop. In time, a well - managed land banking program gives a municipality the opportunity to sell land at a profit allowing for those proceeds to be used to facilitate additional land acquisition. Communities, however, must understand the risks. Land acquisition with the anticipation of fi ture sale and profit is speculative. There are many factors beyond the control of a municipality that can adversely affect the value of land in a community. Any program should recognize and aim to mitigate these risks. Municipal land banking can be a controversial process. There are those who believe government ownership of developable land interferes with the market both in terms of property values and supply. Land banking for fi ture affordable 236 Report to Common Council Page 3 October 10, 2008 housing programs also commonly gives rise to concerns about the City's ability to separate its interests as an owner of property from its role as the government responsible for land use planning. Mixed income and affordable housing proposals frequently experience difficulties with respect to zoning issues. Opposition to such proposals is often strong making it difficult for a municipal council to balance its desire to sell property with the need for housing and the reticence of neighbourhood residents to welcome the type of housing proposed. When the municipality is the property owner in a rezoning application and also the approving authority for zoning, it is often difficult to demonstrate a clear separation of purpose to the public. The Potential for Land Banking in Saint John Housing in New Brunswick is largely a Provincial responsibility. Traditionally, the Federal government has been an active financial participant through its participation in a number of programs including the Residential Rehabilitation Program, the Affordable Housing Initiative, and the Affordable Housing Trust. The Province, in turn, administers housing programs in various ways. If the City was considering the implementation of a land banking program, it is important to consider how the program would compliment the efforts of the senior levels of government. Land banking often involves the purchase of large parcels with long -term development potential. Such a program allows a municipality to work with a number of developers to supply a diverse mix of urban residential development. The banking and assembly of smaller lots intended for infill development is a more difficult undertaking if the objective is to stimulate a significant amount of affordable housing. Infill opportunities typically begin with small parcels of land that must, over time, be assembled with a number of other properties until a larger land assembly is obtained. These types of assembly typically take many years to acquire and are often difficult to successfully complete as private owners of land in the area become aware of the assembly and hold out for unreasonable compensation. Staff believe that fi rther consideration of a land banking program would most appropriately be included as an action item in a new municipal plan. With a new municipal plan, the City will have identified its fi ture development policies and priorities. The plan will provide the direction needed for a land baking program to undertake property acquisition consistent with the fi ture direction of the community. The plan will have identified areas where fi ture development is desirable and it will have also outlined the community's housing, infrastructure, recreation, and transportation needs. If Council is interested in the concept of a land banking program, it would be appropriate for staff to prepare a comprehensive report scoping the potential for its use in Saint John in conjunction with the process leading to the new municipal plan. 237 Report to Common Council October 10, 2008 Page 4 In the interim, there are other shorter term possibilities that can be considered. Real Estate Services currently works closely with the Building Inspection Department to identify dangerous and dilapidated buildings which the City may acquire at low cost. The City can remove or repair the buildings and then make the properties available to a profit or not - for - profit entity for redevelopment. Alternatively, the City could encourage the owners of dilapidated properties to convey or donate properties directly to non - profit housing agencies. There may be opportunities for property owners to receive income tax credits if these properties are donated. Other opportunities may also exist to revitalize existing built assets in the community by converting them into affordable housing developments. Over time, large institutional or commercial buildings such as schools, hotels, motels, shopping malls, commercial buildings, office buildings, and vacant space above ground level retail/commercial operations may become available. Some of these could present viable alternatives for affordable housing specifically. Finally, Council may want to consider the re- establishment of a program that provides financial incentives to encourage infill development. Such a program could be targeted to motivate affordable housing development. The Planning and Development Department could be directed to provide further information to Council on potential program design. RECOMMENDATION: Receive and file. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager bi 238 M & C — 2008 -301 October 10, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Viability of the Current Municipal Plan BACKGROUND: The following resolution was adopted at the September 30, 2008 meeting of Common Council: That Council direct the Con2nnSS7oner of Planning and the Planning Department to provide, by the next council meeting, an assessment of the viability of the current Municipal Plan and, more specd f dcally, Whether the time has come for a serious revision or even the replacement of thatplan. DISCUSSION The Municipal Plan of the City of Saint John is a document that was originally adopted by Common Council in 1973. Over the plan's 35 year history, portions of the Plan have undergone substantive review and amendment but it is fair to say that the overall philosophy put forward by the plan is grounded in an early 1970's view of urban planning and the community. At the outset, it should be recognized that overall, the Plan has served the City well during its lifespan. It is a testament to the plan's authors and to all the citizens who participated in the planning process that the document has been able to provide useful planning direction for this many years. Today, it is clear that Saint John is on the cusp of a number of very significant changes. The City is poised for significant economic growth as a result of a number of large energy projects. This growth will result in demand for all forms 239 Report to Common Council Page 2 October 10, 2008 of development and appropriate locations must be found for these uses. In addition, concerns over rising fuel costs and the effects of climate change are requiring us to rethink our approach to urban development in an effort to reduce our "environmental footprint" and to make the City more sustainable. The City has experienced many other significant changes since the 1970's and from staff s perspective, it is clear that the time has come to pursue a new municipal plan for Saint John. Council needs to recognize that the process that will lead the community to a new municipal plan is a significant undertaking that requires genuine commitment. A new plan will be a product of a large volume of technical research, mapping, public engagement, and policy formulation; and all of these exercises are labour intensive. Council should also be aware that this process should not end with the adoption of a new municipal plan. After the plan is adopted, the City needs to focus on aggressively pursuing the implementation of the plan and this includes conducting a major overhaul of the Zoning Bylaw, and a commitment to neighbourhood and issue specific plans and strategies. Staff view the plan as an urgent priority given the amount of growth expected in the community in coming years. Staff are prepared to provide Council with a proposed planning process that provides for substantial public engagement yet yields useful planning guidance in reasonably short order. Staff believe that a new municipal plan for Saint John will only come as a result of a combination of additional internal staff and financial resources in partnership with the private sector planning community. Staff have designed a potential planning process and have prepared a detailed summary of the human and financial resources necessary to undertake this initiative. Staff welcome the opportunity to present this information to Common Council when it deems appropriate. RECOMMENDATION: It is recommended that Common Council consider the allocation of adequate resources to commence the preparation of a new municipal plan as part of the 2009 budget process. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 240 Terrence Totten, F.C.A. City Manager October 10, 2008 Committee of the Whole of Common Council of The City of Saint John Mayor Court and Committee Members: Re: Building Canada Fund Application The application on behalf of the City of Saint John for funding under the Building Canada Fund will be submitted today, Friday, October 10`h in order to meet the deadline imposed. That initiative is consistent with the unanimous view expressed at the Committee of the Whole Meeting held on Thursday evening, October 9`h. However, a resolution of Common Council supporting the application is required because it is a decision lying within Council's exclusive jurisdiction. The following is the text of a resolution which would suffice in the circumstances and should be adopted at the Tuesday, October 14Th meeting of Common Council: RESOLVED that Common Council hereby ratifies submission to the Building Canada Fund, of the City's application for funding of water infrastructure projects which will assure the provision of clean, safe, reliable drinking water to those served by the City's Water Utility. Respectfully Submitted, e)- .............. . .. -- ........ - - - - - - - - -- - - ------------------------------------ . . . .. . .......................................... . . SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41 241 7111i ; SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4LI Bureau des Commissaires du Service de Police de Saint John C.A. 1971 Saint John Nouveau- Brunswick Canada E2L 4L1 DAVID EMERSON Vice Chair /Vice President CHARLENE HAYES SecrelarylSecretaire MAYOR [VAN COURT Commissioned Commissaire DONALD F. CULLINAN Commissioner lCommissaire PETER MCGUHRE CommissionerlCommissaire CHRISTOPHER WALDSCHUTZ CommissionerlCommissaire ALLEN G. BODECHON Chief of PolicelChef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 Fax/Telecopieur. (506) 648 -3304 E- maillCourriel. palicecomrn ssion�sain {�ohn.ca Explore our pastl Explorez noire passe Discover yourfuturel DMcouvrez volre avenir October 7, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Re: Saint John Police Force 2008 Operating Budget August YTD Results In accordance with requirements of Section 7(3) of the New Brunswick Police Act, I am pleased, on behalf of the Saint John Board of Police Commissioners, to provide Common Council of the City of Saint with the Saint John Police Force 2008 Operating Budget year -to -date August 31, 2008 financial report. bmitted, go H6vid Emerson Acting Chair 242 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION October 7, 2008 Andrew Britton, Chairman and Members of the Board of Police Commission Chairman Britton and Members SUBJECT 2008 Operating Budget — August YTD Financial Results BACKGROUND The purpose of this report is to provide the Board with an August 31, 2008 update on the financial position of the Saint John Police Force's Operating Budget. FINANCIAL POSITION/RESULTS For the period ended as at August 31, 2008 the Saint John Police Force was under budget by $356,163, which is equivalent to 2.7% of the year -to -date operating budget of $13,215,828. ➢ Overview of the Under Budget Variance There were five key items that contributed to the $356,163 favorable budget variance for the second trimester reporting period in 2008. 1. Salaries and Wages were under budget by $326,673. 2. Fringe Benefits were under by $105,308 3. Good and Services were below budget by $184,062 4. Overtime costs exceeded budget by $180,755 5. Wage costs for On -Call and Court Time were over budget by $79,125 243 Andrew Britton, Chairman and Members of the Board of Police Commission October 7, 2008 Page 2 Subject. 2008 Operating Budget — August 2008 Financial Results Budget Analysis SALARIES AND WAGES Management salaries were under budget by $94,815 and this is due to the late hiring of the Crime Analyst and Digital Forensic Specialist positions along with no salary adjustment processed in 2008 for management employees. Local 61 Salaries were under budget by $198,441. This saving was attributed mainly to four vacancies that occurred during the year and the wage settlement for January 1" and July 1" was not processed until September 2008. OVERTIME Local 61 The overtime incurred for the first eight months of the year was over budget by $167,395. The Summer Directed Patrol program was re- introduced for a fourth year and this program is only implemented when actual savings exist in salaries due to vacancies that occur with staff retirements. The 2008 program commenced on Thursday, June 19, 2008 with four members (1 Sergeant and 3 Constables) working on Thursday, Friday, and Saturday evenings. The Directed Patrol Team is scheduled to work an eight hour night shift that usually has an 8:00 p.m. start time. The mandate of the team is to augment Patrol Services Division by targeting specific hot spots or problem areas during peak times when calls for service are high. There were a total of 36 shifts worked from June 19, 2008 to September 6, 2008 with an overtime cost of $58,000. OTHER PERSONNEL COSTS Court Time - Local 61 The court time for the Patrol - Uniform division is over budget by $82,398 and $72,695 is for Patrol members attending court. Court appearances are scheduled by the judicial system and officers often are required to attend hearings on their days off. 244 Andrew Britton, Chairman and Members of the Board of Police Commission October 7, 2008 Page 3 Subject. 2008 Operating Budget — August 2008 Financial Results GOODS & SERVICES The under budget amounts for the various Goods and Services accounts for $184,062 and these savings are attributed mainly to the timing of purchases and the allocation of the budget over twelve months. There is an actual saving of $16,439 in 2008 for insurance premiums. There are four key expense categories; General Services - $93,974, Other Purchased Services - $75,788, Purchased Goods - $45,293 and Asset Purchases - $53,834 that contribute to this positive budget variance. All pending orders for goods and services will be processed in September to ensure delivery is completed by December 1, 2008. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at August 31, 2008 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Enclosed reports and documents: Budget Variance Analysis — August 31, 2008 Consolidated Statement of Operations — Comparative Report 2008 vs. 2007 Detailed Statement of Operations Respectfully submitted, Marven E. Corscadden, CGA DIRECTOR HR & FINANCE William Todd CHIEF ADMINIATRATIVE OFFICER c,Gt—yi; Allen G. Bodechon CHIEF OF POLICE 245 SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended August 31, 2008 Budget Expenses Variance Current Variance is: Timing Actual $ 12,215,828 $12,859,668 $ 3569163 $339,724 $ 16,439 Expense Cateciory Variance Exninnafinn of Varianra Salaries & Wages $326,673 Non -Union Salaries — $94k — This favourable variance results from the delay in hiring two new staff positions (Crime Analyst and Forensic Computer Technician) along with no salary adjustment processed for management staff. • Salaries -486 is under budget by $34k. • Local 61 Salaries are under budget by $198k and this variance is due to two items: 1. s=our vacancies during the year. 2. 2008 wage adjustment for 3.5% and 2.25% (July 13) settlement for 2008 that was processed in September that will eliminate this saving at ear -end Overtime ($180,755) . Overtime -486: Over budget by $16k and $10k of this figure is accumulated overtime for the Victim Services Coordinator. • Overtime -6l- Patrol: Over budget by $92k. • Overtime -61 -CID: Over budget by $74k. Other Personnel Costs ($79,125) . Court-Time: Overtime relating to court appearances for Patrol members was over budget by ($73k). • Court-Time: Overtime for CID Investigators attending court was over budget by ($9k). Fringe Benefits $105,308 • Benefits are calculated at 24.5 %. This expense is directly proportional to actual wages and other earnings for the year. 246 Saint John Police Force — August 2008 Budget Variance Analysis Expense Cateaory Variance Fyrnlanntinn of Varisnre General Services $93,974 . Telephones: Over budget by ($13k) and this is a timing difference between when invoices are received and the monthly budget allocation. • Radios: Under budget by $16k and this is a timing difference between when invoices are received and the monthly budget allocation. • Employer Training: This account is under budget by $40k and this is due largely to the delivery time of courses. • Other Training: This account is under budget by $40k and this is a timing difference between the monthly budget allocation and when employees choose to complete training courses. Insurance $538 . Vehicle Insurance: The actual premium cost for insurance coverage in 2008 (fleet and facilities) was $16k less than anticipated. • Deductible Account: Over budget by ($17k) and this relates to a $21 k charge for legal fees to successfully defend a civil suit against the Saint John Police Force. Professional Services $2,543 • No significant variance at the end of August. Other Purchased Services $22,618 . Timing difference between when purchases occur and the monthly budget allocation for these accounts.. Repair & Maintenance ($14,798) • Computer Maintenance ($16k): This is a timing difference between the budget allocation and processing of annual maintenance and licence agreements from PIMITS, Sungard and other vendors. 247 Saint John Police Force -- August 2008 Budget Variance Analysis Expense Category Variance Rentals ($4,875) Purchased Goods $45,293 Government Services ($2,634) Internal Services ($12,430) 248 Explanation of Variance • No significant variance as of August. • Apparel — Police Uniforms: ($23k) -- Timing difference between when purchases occur and the monthly budget allocation. • Other Goods: $16k, ETS Equipment $7k, Ammunition $18k, and Special Operations $10k —These accounts are over budget and this is due to the timing of purchases and the budget allocation. • No significant variance as of August. • Fleet Maintenance: Fleet maintenance costs were under budget by $45k and this variance results from the timing of when maintenance /repairs occur and the monthly budget allocation. • Fleet Fuel: Fleet fuel costs were over budget by ($58k) and this negative variance results from major increase in fuel prices for 2008 • Building Maintenance: The repairs and maintenance costs to the police facilities were over budget by ($13k) but the expense is only $5k over budget year -to- date. • Evergreen Computer Replacement Program $14k — Timing between the monthly rental charge by the City's ISS Dept for of all computers assigned to the Police Force and the budget allocation. Saint John Police Force -- August 2008 Budget Variance Analysis ease Category Variance Explanation of Variance Asset Purchases $53,834 Office Furniture, Equipment, Computers & Other Assets: These under - budget amounts for $54k are related to the timing of purchases and a freeze has been place on furniture acquisitions as these funds along with anticipated savings in Fleet Maintenance will be used to offset the over expenditure for Fleet Fuel. 4 249 REPORT TO COMMON COUNCIL M &C 2008 - 217 July 17, 2008 Deputy Stephen Chase and Members of Common Council Deputy Mayor and Councillors: RE: 2007 Annual Report of the City of Saint John Pension Plan INTRODUCTION VIII? City of Saint john On behalf of the Board of Trustees of the City of Saint John Pension Plan I am pleased to provide the following report on the activities of the Board during the 2007 calendar year. The Board administers the City's Pension Plan in accordance with the provisions of the City of Saint John Pension Act, the Provincial Pension Benefits Act and the Federal Income Tax Act. The City's Pension Plan is a defined benefit program with employee contributions set at 8.5% of gross earnings. In an effort to assist in funding the Going Concern Unfunded Liability of the Plan the employees have agreed to increase their contribution by an additional 2% for three years or until such time as the Plan's going - concern funding shortfall is eliminated whichever is sooner. In addition at no time during the three year period shall employee contributions be greater than contributions from the Employer. The employer contributions to the pension fund are an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by members for that year and such additional amounts as are required to amortize any unfunded liability in equal annual installments over a period of not more than fifteen years commencing on the later of January 1, 1992 and the date of the actuarial valuation which establishes the unfunded liability. Based on the 2006 Actuarial Valuation the total cost to fund the Pension Plan for 2007 is 26.52% of gross earnings (2006 — 25.2 %). This consists of a current service for 2007 of 20.32% (2006 — 16.6 %) and funding of the going concern unfunded liability for 2007 of 6.26% (2006 — 8.6 %). As of December 31, 2006 the Going Concern Unfunded Liability was $31,014,900 (2003 - $43,547,200). The Pension Benefits Act requires an evaluation 250 2007 Annual Report of the City Saint John Pension Plan Page 2 to be done on at least a triennial basis. The next formal valuation for the plan is required to be completed as at December 31, 2009. A copy of the 2007 Audited Financial Statements is attached with this report. The net assets of the Plan at December 31, 2007 were $367,307,511 (2006 - $375,504,636). These funds are invested by the Board in accordance with an established investment policy and in consultation with the Board's investment consultant API Asset Management Inc. Contributing to this lower value of net assets of the plan at December 31, 2007 compared to December 31, 2006 is the elimination of Funding Due from the City of Saint John in the amount of $9,741,500. The reason for the elimination of the $9,741,500 Funding Due from the City of Saint John is the exemption received by the Pension Plan for funding of the solvency deficiency. This issue is more completely disclosed in the Notes to the Financial Statements, Note 4, Page 8, in the attached audited financial statements. In terms of the 2007 audited financial statements an extrapolation of the 2006 actuarial valuation was completed by the actuary based on the assumptions in effect at the time the valuation was completed. The extrapolation was updated for changes in the plan in the current year related to increases in the liability based on additional service earned by the employees along with investment earnings and payments to pensioners. The result of the extrapolation is an estimated going- concern unfunded liability of as at December 31, 2007 of $46,894,889 (2006 - $31,014,900). This increase is primarily the result of actual plan earnings of 2.5% versus the actuarial rate of return of 6.75 %. INVESTMENT POLICY The Funds assets are managed by seven investment managers with an asset mix of 25% Canadian Fixed Income and cash, 35% Canadian Equities, 10% US Equities, 10% in Real Estate, 10% Foreign Equities, and 10% in Alternative Investments. The Board is in the process of updating its Investment Policy to ensure it will meet the funding needs of the plan. As indicated in the 2006 Annual Report one area of continued interest to the Board is the increasing popularity of alternate investments that offer an absolute return strategy. The desirability of these types of investments is that they have the potential to offer reasonable investment returns that are not in any way affected by the ups and downs in the stock market or other investment markets. This would greatly add to the diversity of the Fund's Investments and the Board has concluded that it would like to see up to 20% (2006 — 10 %) of its portfolio in this type of investments. In 2006 the Board added a real estate fund as part of the Investment portfolio with a commitment of up to 10% of the assets of the Plan could be invested in this Real Estate Fund. In 2007 another alternative investment a Fund of Hedge Funds was added to the portfolio with a commitment of up to 10% of the assets of the Plan. 251 2007 Annual Report of the City Saint John Pension Plan Page 3 INVESTMENT MANAGER PERFORMANCE In 2007 the investment earnings on the Pension Fund's assets were 2.5 %. The returns for the year were below our long -term targeted return of CPI plus 3.85% which for 2007 equated to a 6.2% return and lower than our actuarial funding assumption of 6.75 %. The Pension Plan's assets are managed by six professional investment firms as follows: - Fixed Income - Real Estate - Canadian Equity - US Equity - EAFE Equity - Hedge Funds — Addenda Capital - Standard Life — Kingwest - Letko Brosseau — Burgundy Asset Management — Philadelphia Investments - Performance Market Hedge Fund The Board of Trustees meets with each of the Investment Managers twice a year to review their performance and discuss emerging trends in the investment markets. The Board also retains API Asset Performance Inc. to provide an analysis of our manager's performance in comparison with other managers with similar holdings. While the investment returns for 2007 were below desired levels it is important to remember that a more appropriate measure of the Plan's performance is the 4 Year Rolling returns. The rate of return for each of the last five years is as follows: 2007 — 2.5 %, 2006 — 16.4 %, 2005 — 17.4 %, 2004 — 11.6 %, and 2003 — 12.8 %. The 4 year rolling returns are 2007 — 11.8 %, 2006 — 14.5 %, 2005 — 9.3 %, and 2004 - 3.8% which except for 2004 exceed the CPI + 3.85% and our required actuarial rate of return. BOARD GOVERNANCE As highlighted in the 2006 report a governance review was completed in November 2006. The purpose of the review was to highlight best practices with respect to pension governance and then compare and modify current practices, where necessary, to move towards these best practices. This is a work in progress. A work plan has been prepared and changes are being implemented. One of the key aspects of the governance review is a regular review of the legal, audit, and actuarial firms that provide professional services to the Board. In 2007 the audit and legal services were put out for proposal calls and the process has been completed by the Board. In 2008 this process will continue. 252 2007 Annual Report of the City Saint John Pension Plan Page 4 ACTIVE AND RETIRED PARTICIPANTS The number of active participants in the Plan was 877 (2006 — 872) while the number of retired participants stands at 742 (2006 — 734). The impact of the high percentage of pensioners in relation to active members is reflected in the current fund balances as detailed in the Pension Fund's Annual Financial Statements. In 2007 the total contributions into the Plan from employees were from the employer $8,756,425 (2006 - $16,819,518). $17,845,216 (2006 - $17,060,579). BOARD OF TRUSTEES $5,185,327 (2006 - $4,429,156) and Total pensions paid in the year were The members of the Board of Trustees as at December 31, 2007 were as follows: Trustee Councillor Chris Titus Councillor Glen Tait David Gould John Nugent Bill Buckley Frederick Slipp Andrew Beyea J. Claude MacKinnon Mayor Norman McFarlane (Chair) J. Patrick Woods (Secretary) Gregory J. Yeomans (Treasurer) Terrence Totten Respectfully submitted, L� Mayor Ivan Court Chair Board of Trustees City of Saint John Pension Plan 253 Appointing Body Common Council Common Council Outside Workers — CUPE Local 18 Management/non -union staff Inside Workers — CUPE Local 486 Firefighters — IAFF Local 771 Police — CUPE Local 61 Saint John Retired Members Association Ex- officio, Mayor Ex- officio, Common Clerk Ex- officio, Commissioner of Finance Ex- officio, City Manager ASSURANCE SERVICES Financial Statements The City of Saint John — Pension Plan December 31, 2007 ERNST & YOUNG LLP 254 CONTENTS Auditors' Report Statement of Net Assets Available for Benefits Statement of Changes in Net Assets Available for Benefits Notes to Financial Statements Schedule of Administrative Expenses Eli 255 Page 2 MI.] 0 AUDITORS' REPORT To the Board of Trustees: We have audited the statement of net assets available for benefits of The City of Saint John — Pension Plan ( "the Plan ") as at December 31, 2007 and the statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Plan as at December 31, 2007 and the changes in its financial position for the year then ended in accordance with Canadian generally accepted accounting principles. Saint John Canada, Q February 27, 2008. Chartered Accountants J ERNST & YOUNG 256 The City of Saint John — Pension Plan STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS As at December 31 2007 2006 13,475,977 7,338,285 Cash and short-term notes Due from The City of Saint John 1,206,217 74,624 Accrued interest and dividends 912,467 928,135 Investments, at market Bonds and fixed income pooled funds; 108,965,216 107,495,759 (cost 2007 - $106,387,414; 2006 - $105,740,847) 221,374,685 236,423,234 Sto_:ks and equity pooled funds; (cost 2007 - $172,920,746; 2006 - $160,748,290) 21,372,949 13,503,099 Real estate funds Net assets available for benefits before the following: 367,307,511 365,763,136 Funding due from The City of Saint John [note 41 — 9 ,741,500 Net assets available for benefits [note 61 367,307,511 375,504,636 See accompanying notes On behalf of the Trustees: Trustee Trustee Eli 257 2 The City of Saint John — Pension Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 2007 2006 Increase in assets Contributions The City of Saint John (note 31 8,756,425 16,819,518 Employees 5,185,327 4,429,156 13,941,752 21,248,674 Investment income 4,557,720 4,616,940 Interest Dividends 5,509,870 5,023,616 10,067,590 9,640,556 Current period change in market values of investments (895,643) 41,635,463 23,113,699 72,524,693 Decrease in assets Pensions paid 17,845,216 17,060,579 Funding due from The City of Saint John [note 4] 9,741,500 4,519,500 Contributions and interest refunded to participants 1,455,457 484,910 Administrative expenses (schedule) 2,268,651 2,116,408 31,310,824 24,181,397 Net increase (decrease) in net assets available for benefits (8,197,125) 48,343,296 Net assets available for benefits beginning of year 375,504,636 327,161,340 Net assets available for benefits, end of year 367,307,511 375,504,636 See accompanying notes 258 J The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. PLAN SUNEVIARY The Pension Plan is the accumulation of Plan assets used to fund pensions under the revised City of Saint John Pension Act as enacted on May 12, 1994, as amended to April 28, 2001. The Act is administered by a Board of Trustees representing Common Council of the City of Saint John ( "the City "), management, unionized employees, non - unionized employees and retired employees. The Plan is also subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The assets of the Plan are held by the RBC Dexia Investor Services, which acts as custodian of the Plan. The assets of the Plan are managed by six different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: • The Plan provides for pensions on the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary. The Plan also provides for disability allowances and survivor benefits. • The Plan provides indexing at the rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. • The Plan is funded by employees contributing 8.5% of salary and the employer contributing at least 7% of salary. The employer is obligated to make additional contributions, if necessary, to adequately amortize any unfunded liability or solvency deficiency. The employer is currently contributing at a rate of 8.1% of salary. Effective May 1, 2007, the employee contribution rate was changed from 8.5% of pensionable earnings to 10.5% of pensionable earnings. The additional 2.0% employee contributions will be made until May 1, 2010, or to the date when the going-concern unfunded liability in the Plan has been eliminated, if that happens before May 1, 2010. • Contributions become vested after two years. J 259 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 2, SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the fiscal period but they do not portray the funding requirements of the Plan or the benefit security of individual plan members. Basis of accounting The accounts of the Plan are maintained on the accrual basis of accounting. Accordingly, dividend and interest income is accounted for as earned rather than when received. Basis of valuation of investment assets Investments are stated at published market valuations. Pooled fund investments and earnings Certain of the Plan's equity investments are held via units of pooled equity funds. Income earned on these funds is retained within the fund and reflected as part of the current period change in market values of investments. Foreign currency translation Investments denominated in United States dollars are translated at the year -end rate of exchange. Foreign exchange gains and losses are included as a component of the current period change in market values of investments. J 260 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. ACTUARIAL VALUATION (a) The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the market value of net assets available to provide benefits was $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were $106,832,800 greater than the solvency assets. The significant actuarial assumptions adopted for purposes of the going - concern funding valuation in the 2006 actuarial report were as follows: Retirement will occur at the earlier of age 65 or attainment of combined age and service of 88 years. This produces an average assumed retirement age of 58.6 years. Valuation assets were taken as the market value of assets. The following are the assumed rates used in the valuation: Investment earnings rate 6.75% per annum after investment fees Inflation rate 2.50% per annum Real rate of return 4.15% per annum Salary increases 3.00% per annum The projected unit credit actuarial cost method was used for purposes of the going- concern funding valuation. The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surplus or unfunded liability at that date. J 261 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. ACTUARIAL VALUATION (continued) Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. (b) Morneau Sobeco conducted an actuarial valuation of the Plan as of December 31, 2006 and has extrapolated these results to December 31, 2007. The extrapolation indicated an estimated present value of accumulated plan benefits of $414,202,400 compared to market value of net assets of $367,307,511 available to provide benefits, creating an estimated unfunded actuarial liability of $46,894,889. The cumulative changes in the present value of benefits, on a going concern basis during 2007 were as follows: Estimated actuarial present value of benefits at December 31, 2006 projected from December 31, 2003 valuation results Net experience gains and losses at December 31, 2006 Effect of change in actuarial assumptions at December 31, 2006 348,560,500 (937,700) 49,155,200 Actuarial present value of benefits at December 31, 2006 based on valuation results as at that date 396,778,000 Value of benefits accrued in 2007 10,244,000 Pensions paid and lump -sum refunds and transfers in 2007 (19,296,600) Net interest accrual 26,477,000 Estimated actuarial present value of benefits at December 31, 2007 414,202,400 (c) During 2007, the City of Saint John paid the Plan $4,358,454, which represented special funding and interest on a going concern basis (2006 - $12,553,100 covering years 2004 to 2006). The City of Saint John is required to make special going concern payments until 2018. J 262 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 4. FUNDING DUE FROM THE CITY OF SAINT JOHN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption from making solvency special payments is granted by the Superintendent of Pensions. In 2007, this exemption from making solvency special payments to the Plan was sought and received. As a result of receiving this exemption, there is no longer solvency funding due from the City of Saint John as at December 31, 2007. 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short -term notes, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. It is management's opinion that as a result of adequate investment diversification the Plan is not exposed to significant interest, currency or credit risks arising from these financial instruments. 6. CONTINGENT LIABILITY A unionized group of employees of a commission have applied to become members of the Plan. The Plan does not consider these employees to be employees of the City for pension purposes. The outcome of this matter is not determinable at this time. 8 J 263 The City of Saint John — Pension Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 2007 2006 Investment management fees 1,508,468 1,472,393 Administration fees paid to the City of Saint John 100,000 100,000 Performance measurement services 105,611 101,608 Custodian fees 106,307 87,014 Conference and seminar expenses 43,292 54,363 Actuarial and consulting services 123,932 125,282 Legal fees 200,411 30,645 Audit fees 18,720 16,686 Consultants fees 44,632 107,065 Miscellaneous 7,728 11,802 Insurance 9,550 9,550 2,268,651 2,116,408 9 J 264 t O N CL c .C: O m re 4-j c O C/) /, W i n U � L W E U E E 0 E O (n Q) L a. -J.-j n , Co W ti N O O ti U L nL U E O cu c U 06 cc �U �^L A O U) co CL ca V C to N N N N i Tl- LO CD N ■ C6 N 4-- 0 (n U O U) 0 c� C) mmmm� KII L J "I IO •■ Im E � N a ° CL C as N _ E L E � ^1 `v �l T W t n� c / }, E O (n �L Jo* U .c V IO •■ Im E � N a ° CL C C E ^1 `v �l T W t n� c / }, E O (n Jo* U .c � Al � rW �V V! 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IV U Q a W 0 m U a LO c14 — C r c7 N r i ao N Q1 7 O M r N M N M r M O O. r LO N N m � r m a O r LO O M O r e M n a Lr) O N N 4 r-� w N C 7 0 LL 5 Q 0 0 I-- r N r1 u LO Cl, N 0) M Q C a _ .y Q CL _ 0 4� _ 4— 0 r �j U C U c N E L IF Q) a a� In rn Q Oa Q O T N � r a r � L N (9 � Q 0') 00 N D •`_ ti D 1 N J a D Z Z uia a w w w 1'- a Q 1 1 I 1 1 1 I 1 I I 1 � 1 I NI H I 1 I � 1 I I I I 1 i I I 1� 1 1 1 1 1 I I I 1 I i 1 i 1 1 1 I 1 I I 1 I I I 1 1 1 I I I 1 I 1 1 t I I I I 1 1 O C ui OD O m 17 r ( %) uin;oa ;o soaea p84146leM awil � M N o— N 0) CD cl) } U) W N CO 7 N i M ID M r .r 0 } q ID Q+ M 0 N V ai a0 ��vnaoo� O r ui co N (O r r N O M N , } o m a co M rn p N co w Lo N In N (L a a a L L Q L L u LO LO N r O a w a _rn CJ a LO 10 V r C M N r � ur °° N Q) O Z� r CCU N N (D r '[{ N (D ,N C r � N O a � u7 co r O1 "� s M 0 O o r a r u( O) N !a 69 EA LL 7�5 Q m °� L 0 H N U C N U C m C O N (n N Q 01) a- C) < N � t Q) N i U) (0 N � a C u) � M a O r 0 ,N C v � I� a s 0 W n N N 4- 0 C) N U a r u( O) N !a 69 EA LL 7�5 Q m °� L 0 H N U C N U C m C O N (n N Q 01) a- C) < N � t Q) N i U) (0 N � a The City of Saint John October 8, 2008 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Pr000sal to Remove Mandatory Retirement from the Citv of Saint John Pension Plan VVe are attaching n copy ofa letter dated August l6,2008 received from the City nf Saint John Management Professional Non-Union Association ("MPNU"). W1PNUis proposing that the present requirement in the Plan that members retire at age G5 be removed. The Trustees consider that the issue of whether to remove the present mandatory retirement provisions iso matter of human resources policy for the City asemployer. VVe are therefore directing this letter tn Common Council for consideration. The Trustees take no position on whether mandatory retirement should beremoved. The Trustees note that the majority of members of the Plan retire before the age of mandatory retirement in any event. Although the numbers fluctuate, it appears that approximately 13Y6ofthe retirements |m any given year are individuals at age 65. |f mandatory retirement is removed, for those that choose to work past age 65, the cost impact on the Plan, based on actuarial advice and advice on experience in other jurisdictions, itis anticipated toboneutral. Yours very truly, Elizabeth Gormley Secretary Board ofTrustees City uf Saint John Pension Plan cc: George Buchanan, K4PNUAssociation GL- . ..... - - - - ------------------------------------------------------------------------- SAINT JOHN P.O. Box lA77 Saint John NB [wnmdo E2L4Q | wwwsaintjohn.ca | CA 1971 Saint John, N.-B. Canada E2L41-1 291 The City of Saint John MPNU August 26, NM City of Saint jotih Pension Board PO Box 1971 Saint John, NB; 92L 4LI Dear Chair and trustees of the Pension Board: RE: Removalbf Mandatory Retirement from the Plan At its meeting oft August 13, 2008 the membership of the City of Saint John Professional Maftagement Non-Union (MPNTJ) Association resolved to request that the Pensiorl Board remove mandatory retirement (at age 65) from the Plan. At this time I a writing to ask what the Pension Board can do to give affect to this request. I would sincerely appreciate a response on this matter and thank you in advance. Respectfully Submitted, MA-NAGEWNT PROFESSIONAL NoN-UmoN AsSOCTATION Geor&Buchanfin, President CC. John Nugent, Management Pension Rep The City of Saint John Management Professional Non-Union Association Postal Box 6951 Stadon A, Saint John, NE, M 4S4 292 October 8, 2008 George Buchanan, President The City of Saint John K4PNUAosociat|on P.O. Box G9S1, Station "A. Saint John, NB E2L4S4 Dear Mr. Buchanan: RE: Proposal to Remove Mandatory Retirement from the City of Saint John Pension Plan The Trustees have considered your letter dated August 26,20OD They consider that the question you raise is properly directed to Common Council. We attach a copy of our letter to Common Council. Yours very truly, Elizabeth Gormley Secretary Board of Trustees City of Saint John Pension Plan /cc: Common Council P.O. Box 1971 Saint John, NB Canada E2L 41-1 i | C-R 1971 Saint John, N,-13, Canada E2L 4L1 October 10, 2008 Your Worship and Councillors: SUBJECT: Fundy Bay Holdings Limited 475 Latimore Lake Road The Planning Advisory Committee considered the attached report at its October 7, 2008 meeting. The applicant, Stephen Langille of Fundy Bay Holdings Limited, appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this application, and no letters were received from area residents. After considering the matter the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested lot depth variance, but not the requested separation distance between street rights -of -way. RECOMMENDATION: That Common Council assent to the attached Fundy Estates Subdivision (Lot 08 -1 to 08 -3) and the Fundy Bay Holdings Ltd. Subdivision (Lot 2008 -2 and Lot 2008 -3) with respect to any necessary public utility easements. 2. That Common Council accept a cash -in -lieu Land for Public Purposes for the above mentioned Fundy Estates and Fundy Bay Holdings Ltd. Subdivisions. Respectfidly submitted, Stephen Horgan Chairman MRO Attachments Project No. 08 -439 294 DATE: OCTOBER 3, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 7, 2008 295 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Fundy Bay Holdings Limited Name of Owner: Fundy Bay Holdings Limited Location: 475 Latimore Lake Road (File) PID: 00327106, 00335034 & 00421727 (portions thereof) Municipal Plan: Unserviced Residential Zoning: "RS -IM" One and Two Family and Mobile Home Suburban Residential & "RR" One Family Rural Residential Proposal: To create five (5) unserviced residential lots along a public road. Type of Application: Subdivision and Variances that would: (a) Reduce the minimum lot depth requirement of '18 metres (125 feet) to approximately 26 metres (85 feet); and 295 Fundy Bay Holdings Limited 475 Latimore Lake Road Page 2 October 3, 2008 (b) Reduce the minimum separation distance between street rights of way from 60 metres (197 feet) to approximately 54 metres (177 feet). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of land for public purposes (or cash -in -lieu dedications) and public utility easements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the attached Fundy Estates Subdivision (Lot 08 -1 to 08- 3) and the Fundy Bay Holdings Ltd. Subdivision (Lot 2008 -2 and Lot 2008 -3) with respect to any necessary public utility easements. 2. That Common Council accept a cash -in -lieu Land for Public Purposes for the above mentioned Fundy Estates and Fundy Bay Holdings Ltd. Subdivisions. That the Planning Advisory Committee only grant a variance from the requirements of the Zoning By -law that would reduce the minimum lot depth requirement of 38 metres (125 feet) to approximately 26 metres (85 feet) for proposed Lot 08 -1 as illustrated on the submitted Fundy Estates Subdivision tentative plan. 4. That the Planning Advisory Committee not grant the requested variance to reduce the minimum separation distance between (potential) street rights of way. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this proposed subdivision: (a) The developer's engineering consultant must provide a detailed site drainage plan/report to the City for review. (b) There are no municipal services in this area. Private on -site services must be installed to 296 Fundy Bay Holdings Limited 475 Latimore Lake Road Page 3 October 3, 2008 the satisfaction of the N.B. Departments of Health and Environment. (c) The Subdivision By -law requires a minimum of 60 metre separation between street rights of ways that should be provided in this case. Buildings and Inspection Services has been advised of this application. Saint John Transit has indicated that very limited service is provided to this area of the community. Currently there is only one return trip in the early morning and one return trip in the late afternoon. Saint John Energy has been advised of this proposal. Aliant Telecom has indicated that there are overhead facilities along Latimore Lake Road to service the proposed lots. Rogers has been advised of this matter. Maritimes & Northeast Pipeline has no concerns regarding this proposed subdivision development. Leisure Services has been advised of the request to provide a cash -in -lieu Land for Public Purposes dedication. N.B. Department of Health has advised that the proposed lots can be modified and made suitable for the installation of private on -site septic disposal systems. N.B. Department of Environment has been advised of this subdivision proposal. School District 8 has been advised of this residential development. ANALYSIS: The subject area is situated on the north side of Latimore Lake Road between Likely Road and Lackie Road in East Saint John (see attached location map). The area is comprised of portions of three large parcels of land owned by Fundy Bay Holdings Ltd. (Stephen Langille). The western site is covered by trees, and is situated between 351 Latimore Lake Road and 435 Latimore Lake Road. The eastern portion has been mostly cleared of trees, and is situated between 465 Latimore Lake Road and 590 Latimore Lake Road. The general area is comprised of dwellings and gravel pits. 297 Fundy Bay Holdings Limited 475 Latimore Lake Road Page 4 October 3, 2008 The landowner is proposing to subdivide the subject area in a manner that would create five (5) new unserviced residential lots abutting Latimore Lake Road (see attached tentative subdivision plans). Lot Depth The area is zoned "RS -1M" One and Two Family and Mobile Home Suburban Residential. The proposed lots can satisfy the minimum area, width and depth requirements, except Lot 08 -1 technically only has a depth of about 26 metres (85 feet). A minimum depth of 38 metres (125 feet) is required, which the majority of this lot would significantly exceed. The requested jog in the side property boundary is to address an existing encroachment of an accessory building from the adjoining property (Earl Hughes of 351 Latimore Lake Road). Since the majority of this proposed lot exceeds the minimum depth requirement, and there is ample area to accommodate the constriction of a new dwelling on this lot (Lot 08 -1), this variance can be supported, especially since it has been provided for the benefit of the adjoining landowner (i.e., encroachment). Separation Distance The Subdivision By -law requires a minimum 60 metre (197 foot) separation between street rights of way. The 20 metre (66 foot) wide access being proposed between Lots 08 -1 & 08 -2 (Fundy Estates Subdivision) would only be approximately 54 metres (177 feet) from another potential street access on the other side of Latimore Lake Road. While it could be argued that this is not technically a variance since neither access is proposed to be a Public or even a Future Street at this time, such accesses should be considered as such now as this is the only real opportunity for consideration. A variance would have to be granted in order to allow the submitted tentative plan to be approved. Alternatively, this access could be provided between proposed Lots 08 -2 & 08 -3. Given the ability to relocate this fiiture street access and satisfy the minimum separation requirement, this variance cannot be recommended. The developer has indicated that the proposed location would provide better sight distances for the fiiture street due to the raised elevation of the street to the east. This matter has been investigated by Municipal Operations and Engineering, and they have advised that the recommended relocation of the access would still have acceptable sight distances. Cash -in -Lieu The Subdivision By -law requires a Land for Public Purposes dedication for the proposed lots (except Lot 08 -1 that is exempt). The developer is requesting a cash -in -lieu dedication be ' Please note that this property is incorrectly shown as being owned to Thomas Landry on the submitted tentative subdivision plan (Fundy Estates Subdivision). 298 Fundy Bay Holdings Limited 475 Latimore Lake Road Page 5 October 3, 2008 provided for this subdivision (four lots). Given the limited nature of this subdivision application, a cash dedication would be appropriate and is therefore recommended. The recommendation includes all the necessary assents and approvals as requested by the developer, except for the variance relating to the separation distance which can be avoided by relocating the future street access as mentioned. MRO Project No. 08 -439 299 PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT F-13-1 RS•1 RR RS-2 ............ . . ................... .... . ...... RS•2My 3-2M . ............. ............ PQ PQ RR .\ � Subject Site / site en question: Location: 475 Latimore Lake Rd. / ch. 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