The URL can be used to link to this page

2006-05-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, May 23, 2006 Location: Common Council Chamber Committee of the Whole 1. Call to Order — 5:00 pm 1.1 Nominating Committee 10.2(4)(b) 1.2(a) Personnel Matter 10.2(4)(b,j) 1.2(b) Personnel Matter 10.2(4)(b,j) 1.3 Negotiations 10.2(4)(c) 1.4 Collective Bargaining Update 10.2(4)(b) 1.5 Property Matter 10.2(4)(b) 1.6 Legal Session - Red Head Secondary Access Road l 0.2(4)(f,g) Regular Meeting 1. Call to Order — Prayer - 6:30 p.m. 2. Approval of Minutes 2.1 Minutes May 8, 2006 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Request to Present - Hilton Canada Inc. (Refer to Clerk to Schedule) 5.2 Letter & Petition from M. Dunbar Condition of Goldsworthy Road (Refer to City Manager) 5.3 NB Conservation Council Request to Present Regarding Pesticides (Refer to Clerk to Schedule) 5.4 Police Commission Request to Present Saint John Police Force 2005 Year End Financial Report (refer to Clerk to Schedule) 5.5 Beaverbrook Art Gallery Request to Present (Refer to Clerk to Schedule) 5.6 Harbour Station Commission 2005 Operating Budget Update (Receive for Information) 5.7 Construction of New Water Pipeline Amendment to Easement Acquisition - Dexter Construction (Approve Amendment to Easement Acquisition) 5.8 Assent of Public Utility Easement - 271 Karen Street (Assent to Public Utility Easement) 5.9 Proposed Municipal Services Easement 85 McIlveen Drive, McAllister Industrial Park (Approve Proposed Municipal Service Easement) 5.10 Public Hearing Dates - 308 Lowell Street & 172 Tower Street (Approve Recommended Dates) 5.11 Proposed Section 39 Amendment 120 MacDonald Street (Loch Lomond Mall) (Approve Cancellation of Public Hearing) 5.12 Vacancy on the SJIPL Board of Directors (Refer to Nominating Committee) 5.13 Saint John Salvage Corps & Fire Police - Termination of Member Warrants (Approve Termination of Warrants) 5.14 Red Head Road Secondary Access - Voluntary Settlements (Receive for Information) 6. Members Comments 6 1 Duke of Edinburgh Awards - Simonds High and Saint John High School 7. Proclamation 8. Delegations/ Presentations 8.16:30 p.m. Presentation of 2005 Financial Statements 8.2 7:30 p.m. Saint John Community Loan Fund 8.3 7:45 p.m. Loch Lomond Villa Foundation Inc. 9. Public Hearings 9.1(a) 7:00 p.m. Public Hearing - Proposed Municipal Plan Amend & Zoning By- law Amend - Portion of Cambridge Estates Area 9.1(b)Planning Advisory Committee Recommending Proposed Municipal Plan Amend & Zoning By -law Amend - Portion of Cambridge Estates Area 9.2(a) 7:00 p.m. Public Hearing - Proposed Zoning By -law Amend - 725 Westmorland Road 9.2(b) Planning Advisory Committee Recommending Proposed Zoning By -law Amend - 725 Westmorland Road 10. Consideration of By -laws 10.1 Public Presentation Municipal Plan and Zoning By -law Amend - 76 Coburg Street 10.2(a) Third Reading - Municipal Plan Amend - 71 & 84 Kennedy St 10.2(b) Third Reading - Zoning By -law Amend - 71 & 84 Kennedy St 10.3 1 st & 2nd Readings City Market By -law - Stall B 1 & Al 11. Submissions by Council Members 11.1 Zoning Issue - Rockwood Avenue (Councillor Chang) 12. Business Matters — Municipal Officers 12.1 2006 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments 12.2 Tender for Janitorial Services 12.3 Tender for Sprinkler System Flushing 12.4 Tender for Rental Equipment 12.5 Tender for Truck Components 12.6 Red Head Secondary Access Road - Report of Expropriations Advisory Officer 12.7 Contract 2006 -24: Goodrich Street and Wright Street - Water and Sewer Renewal 12.8 2006 -4: McNamara Drive (Loch Lomond Road to Civic #161) Water & Sewer Construction and Street Reconstruction 12.9 Contract 2006 -15: Howes Lake Landfill Closure - Phase III 12.10 Agreement - Red Head Secondary Access Road Norman Clark McIlveen & Marie Paulette McIlveen Property 12.11 Temporary Mobile Home - 1287 Red Head Road 13. Committee Reports 13.1 Planning Advisory Committee - Public Utility Easement - 865 Red Head Road 13.2 Finance Committee - Terms of Reference 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Key Industries Request for Letter of Support 15.2 John and Elizabeth Parks re Condition of Sidewalks Portion of West Side 15.3 Kairos Saint John Water Declaration 15.4 Saint John High Political Science Class Growth in Greater Saint John 16. Adjournment City of Saint John Seance du conseil communal Le mardi 23 mai 2006 Emplacement: Salle du conseil communal Comit6 pl6nier 1. Ouverture de la s6ance : 17 h 1.1 Comite des candidatures 10.2(4)b) 1.2a) Question relative au personnel 10.2(4)b) et j) 1.2b) Question relative au personnel 10.2(4)b) et j) 1.3 Negociations - alin6a 10.2(4)c) 1.4 Compte rendu sur les negociations collectives 10.2(4)b) 1.5 Question relative a la propri6t6 10.2(4)b) 1.6 Seance juridique — Voie d'acc6s secondaire Red Head 10.2(4)f) et g) Seance ordinaire 1. Ouverture de la r6union, suivie de la pri&re : 18 h 30 2. Approbation du proces- verbal 2.1 Proc&s- verbal — 8 mai 2006 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Adoption de l'ordre du jour relatif aux questions soumises a 1'approbation du conseil 5.1 Demande de pr6sentation — Hilton Canada Inc. (transmettre au greffier pour qu'une date de presentation soit fix6e) 5.2 Lettre et p6tition revues de M. Dunbar relatives a 1'6tat du chemin Goldsworthy (transmettre au directeur g6n6ral) 5.3 Demande de pr6sentation du Conseil de la conservation du Nouveau - Brunswick relativement aux pesticides (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.4 Demande reque de la Commission de police pour pr6senter le rapport financier de fin d'exercice 2005 du corps de police de Saint John (transmettre au greffier pour qu'une date de presentation soit fix6e) 5.5 Demande de pr6sentation — Galerie d'art de Beaverbrook (transmettre au greffier pour qu'une date de presentation soit fix6e) 5.6 Mise a jour relative au budget d'administration de 2005 de la Commission Harbour Station (accepter a titre informatif 5.7 Construction d'une nouvelle conduite d'eau et modification relative a 1'acquisition dune emprise en ce qui a trait a la construction sur la promenade Dexter (approbation de la modification relative a 1'acquisition de 1'emprise) 5.8 Approbation de 1'emprise aux fins d'utilit& publique — 271, rue Karen (approbation de 1'emprise aux fins d'utilit6 publique) .9 Emprise propos6e aux fins de services municipaux — 85, promenade McIlveen, parc industriel McAllister (approbation de 1'emprise propos6e aux fins de services municipaux) 5.10 Dates d'audiences publiques relatives au 308, rue Lowell et au 172, rue Tower (approbation des dates recommand6es) 5.11 Projet de modification relatif a Particle 39 visant la propri6t6 situ6e au 120, rue MacDonald (centre commercial Loch Lomond) (approbation de 1'annulation de l'audience publique) 5.12 Poste a pourvoir au sein du conseil d'administration de Saint John Industrial Parks Limited (SJIPL) (s'adresser au comit6 des candidatures) 5.13 Expiration de la procuration accord6e aux membres du Service de protection et le service de police - incendie (approbation de 1'expiration de la procuration) 5.14 R6glementation de l'acc6s a la voie secondaire Red Head — R6glements volontaires (accepter a titre informatif 6. Commentaires presentes par les membres 6.1 Prix du Duke d'Adinbourg — Acoles secondaires Simonds et Saint John 7. Proclamation 8. Delegations et presentations 8.1 18 h 30 Pr6sentation des 6tats financiers de 2005 8.2 19 h 30 Fonds de pret communautaire de Saint John 8.3 19 h 45 Pr6sentation par la Fondation Loch Lomond Villa Inc. 9. Audiences publiques .1 a) 19 h — Audience publique relative a la modification propos6e du plan d'am6nagement et de 1'arret6 sur le zonage visant une partie du lotissement Cambridge Estates 9. lb) Comit6 consultatif d'urbanisme recommandant le projet de modification du plan d'am6nagement et de 1'arret6 sur le zonage visant une partie du lotissement Cambridge Estates 9.2a) 19 h — Audience publique relative au projet de modification de 1'arret6 sur le zonage visant le 725, chemin Westmorland 9.2b) Comit6 consultatif d'urbanisme recommandant le projet de modification de 1'arret6 sur le zonage visant le 725, chemin Westmorland 10. Etude des arret6s municipaux 10.1 Pr6sentation publique de la modification du plan d'am6nagement et de 1'arret6 sur le zonage visant le 76, rue Coburg 10.2a) Troisi6me lecture du projet de modification du plan d'am6nagement visant les 71 et 84, rue Kennedy 10.2b) Troisieme lecture du projet de modification de 1'arret6 sur le zonage visant les 71 et 84, rue Kennedy 10.3 Premiere et deuxi6me lectures de 1'arret6 concernant le march6 de The City of Saint John relativement aux 6tals ri B 1 et Al 11. Intervention des membres du conseil 11.1 Question de zonage relativement a 1'avenue Rockwood (conseiller Chang) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 2.1 Ajustements au programme d'immobilisations du fonds des services d'aqueduc et d'6gouts et du fonds d'administration pour 2006 12.2 Soumission relative aux services de nettoyage et d'entretien 12.3 Soumission relative a la vidange du syst6me de gicleurs 12.4 Soumission relative a la location de mat6riel 12.5 Soumission relative aux pieces de camion 12.6 Rapport du commissaire consultatif de 1'expropriation relatif a la voie d'acc6s secondaire Red Head 12.7 Soumission pour le contrat 2006 -24 : R6novations aux services d'aqueduc et d'6gouts sur les rues Goodrich et Wright 12.8 2006 -4: Construction des services d'aqueduc et d'6gouts de la promenade McNamara (du chemin Loch Lomond jusqu'au num6ro de voirie 16 1) et r6fection de la rue 12.9 Soumission pour le contrat 2006 -15 : Phase III de la fermeture du site d'enfouissement du lac Howes 12.10 Entente — Voie d'acc&s secondaire Red Head a ]a propri6t6 de Norman Clark McIlveen et Marie Paulette McIlveen 12.11 Maison mobile temporaire situ6e au 1287, chemin Red Head 13. Rapports de comit6s 13.1 Comit6 consultatif d'urbanisme relativement a la servitude d'utilit6 publique visant le 865, chemin Red Head 13.2 Termes de r6f&rence du Comit6 des finances 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Demande de Key Industries pour une lettre d'appui 15.2 Pares John et Elizabeth relativement a 1'6tat des trottoirs du quartier ouest 15.3 136claration de Kairos sur 1'eau potable de Saint John 15.4 Augmentation du nombre d'inscriptions au cours de sciences politiques de 1'6cole secondaire Saint John dans le Grand Saint John 16. C16ture de la s6ance 92 -222 COMMON COUNCIL / CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 8, 2006 - 6:45 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White -and - T. Totten, City Manager; J. Nugent, City Solicitor; P. Groody, Commissioner of Municipal Operations; W. Edwards, Commissioner of Buildings and Inspection Services; R. Pollock, Planner; R. Simonds, Fire Chief; A. Bodechon, Chief of Police; E. Gormley, Assistant Common Clerk and J. Ferrar Administrative Assistant REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 8 MAI 2006 A 18 H 45 Sont prbsents : Norman McFarlane, maire le maire supplbant Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur gbnbral; J. Nugent, avocat municipal; P. Groody, commissaire aux opbrations municipales; W. Edwards, commissaire aux services d'inspection et des batiments; R. Pollack, urbaniste; R. Simonds, chef du service d'incendie; A. Bodechon, chef de police; ainsi que E. Gormley, greffibre communale adjointe et J. Ferrar, adjointe administrative. Call To Order — Prayer, Mayor McFarlane called the meeting to order and Reverend Gavin McCombie of Forest Hills Baptist Church offered the opening prayer. Ouverture de la reunion, suivie de la priere La sbance est ouverte par le maire McFarlane. Le rbvbrend Gavin McCombie, pasteur de 1'Eglise Baptiste Forest Hills, rbcite la pribre d'ouverture. 2 Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on April 24, 2006, be approved. Question being taken, the motion was carried. 2 Approbation du proces- verbal de la derniere reunion Proposition du maire supplbant Hooton Appuybe par le conseiller Court RESOLU que le procbs- verbal de la rbunion du conseil communal tenue le 24 avril 2006 soit approuv6. A ('issue du vote, la proposition est adoptbe. 92 -223 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 3 Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the agenda of this meeting be approved with the addition of items 5.16 Voluntary Marketing Levy, 13.1 Contract for Hiring of Executive Assistant, 13.2 Committee of the Whole Report - Nominating Committee and the withdrawal of item 12.7 Recommendation of Agreement - Communications - Simonds Fire Dept. Question being taken, the motion was carried. 3 Adoption de I'ordre du jour Proposition du maire supplbant Hooton Appuybe par le conseiller Farren RESOLU clue I'ordre du jour de cette reunion soit adoptb, moyennant I'ajout des points 5.16, Taxe volontaire b la commercialisation, 13.1, Contrat d'embauche de I'adjoint de direction, 13.2, Rapport du comitb plbnier - Comitb des candidatures, et le retrait du point 12.7, Recommendation d'une entente - Communications - Service d'incendie de Simonds. A ('issue du vote, la proposition est adoptbe. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Adoption of Consent Agenda 5.1 Communities in Bloom Letter of Appreciation and National Symposium (Receive for Information) 5.2 Health Canada Letter of Thanks Conference on Drinking Water (Receive for Information) 5.3 Fundy Skateboard Association Request to Present (Refer to Clerk to Schedule) 5.4(a) Dr. Jim Stephenson Drainage Problem Ragged Point (Refer to City Manager) 5.4(b) Dr. Jim Stephenson Request for Water and Sewerage (Refer to City Manager) 5.4(c) Dr. Jim Stephenson Deer Population Ragged Point (Refer to City Manager) 5.4(d) Dr. Jim Stephenson Speed Limit Ragged Point Road (Refer to City Manager) 5.5 Symphony NB Request for Financial Assistance (Refer to City Manager) 5.6 Horst Sauerteig Routing of LNG Pipeline (Refer to City Manager) 5.7 Request for Financial Support Reds Volleyball Team (Recommendation) 5.8 Name Change - Centennial School Field to the Jack Kyle Memorial Field (Recommendation) 5.9 Planning Advisory Committee Executive 2006 (Receive for information) 5.10 Public Hearing Dates - 120 McDonald Street, 1032 McCavour Drive and 2075 Loch Lomond Road (Recommendation) 5.11 Partners for Climate Change (Recommendation) 5.12 MC 2006 -120, Minimum Property Standards Program Update (Receive for Information) 92 -224 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 5.13 Update of Mobile Signs (Receive for information) 5.14 Notice to Council - 310 Westmorland Road (Refer to PAC) 5.15 Rescheduling of Street Closing Hearing - Bayside Middle School Site (Recommendation) 5.16 Voluntary Marketing Levy (Refer to Common Clerk to schedule presentation) On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that the Consent Agenda be adopted with item 5.7 being considered separately as item 14.1. Question being taken, the motion was carried. 5. Adoption de I'ordre du jour relatif aux questions soumises a I'approbation du conseil 5.1 Lettre de remerciements de I'organisme Communautes en fleurs et Symposium national (accepter a titre informatif) 5.2 Lettre de remerciements a I'endroit de Sante Canada relativement a la conference sur I'eau potable (accepter a titre informatif) 5.3 Demande de la Fundy Skateboard Association pour se presenter devant le conseil (transmettre au greffier pour qu'une date de presentation soit fixee) 5.4a) Probleme de drainage rencontre par le Dr Jim Stephenson dans le secteur du chemin Ragged Point (transmettre au directeur general) 5.4b) Demande presentee par le Dr Jim Stephenson relativement aux reseaux d'aqueduc et d'egouts (transmettre au directeur general) 5.4c) Dr Jim Stephenson - Population de chevreuils - Secteur du chemin Ragged Point (transmettre au directeur general) 5.4d) Dr Jim Stephenson - Limite de vitesse - Chemin Ragged Point (transmettre au directeur general) 5.5 Demande d'aide financiere de Symphonie Nouveau - Brunswick (transmettre au directeur general) 5.6 Trace du pipeline de gaz nature) liquefie de Horst Sauerteig (transmettre au directeur general) 5.7 Demande d'aide financiere de 1'equipe de volley -ball des Reds (recommandation) 5.8 Changement de nom du terrain de 1'ecole Centennial (Centennial School Field) en vue de le renommer Jack Kyle Memorial Field (recommandation) 5.9 Comite consultatif d'urbanisme - Direction 2006 (accepter a titre informatif) 5.10 Dates d'audiences publiques relatives aux terrains situes au 120, rue McDonald, au 1032, promenade McCavour et au 2075, chemin Loch Lomond (recommandation) 5.11 Programme c Partenaires dans la protection du climat » ( recommandation) 5.12 MC 2006 -120, Mise a jour du programme de normes minimales regissant les residences (accepter a titre informatif) 5.13 Mise a jour des panneaux mobiles (accepter a titre informatif) 92 -225 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 5.14 Avis au conseil - 310, chemin Westmorland (transmettre au Comite consultatif d'urbanisme) 5.15 Remise de I'audience portant sur la fermeture de rue - Terrain de I'ecole secondaire intermediaire Bayside (recommandation) 5.16 Taxe volontaire Ala commercialisation (transmettre au greffier communal pour que soit fixee une date de presentation) Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que I'ordre du jour des questions soumises a I'approbation du conseil soit adopte, moyennant 1'examen distinct du point no 5.7 en tant que point no 14.1. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 9. Public Hearings 7:00 P.M. 9.1 (a) (b) Proposed Municipal Plan & Zoning By -law Amendment - 71 & 84 Kennedy Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to re- designate on Schedules 2 -A and 2 -13 of the Municipal Development Plan, from Medium Density Residential to Light Industrial classification, a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101; and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218; and adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15 - "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID Numbers 00377101 and 00377218 "; and the proposed re- zoning of the same parcels of land from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial classification, as requested by 511789 NB Inc. (Service Master), with no written objections received. 9.1 (c) Planning Advisory Committee - 71 & 84 Kennedy Street Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 2, 2006 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcels of land located at 71 and 84 Kennedy Street from Medium Density Residential to Light Industrial classification and the proposed re- zoning of the same parcels of land from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial classification, with Section 39 Conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Ken McCurdy owner of Service Master speaking in support of the application advising that they have recently cleaned up the vacant lot and would like to convert it into a parking lot for the business. 92 -226 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law" by re- designating on Schedule 2 -A and 2 -B of the Municipal Development Plan, from Medium Density Residential to Light Industrial classification, a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101; and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218; and adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15 - "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID Numbers 00377101 and 00377218 ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend The Municipal Plan By- law". On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law" by re- designating on Schedule 2 -A and 2 -B of the Municipal Development Plan, from Medium Density Residential to Light Industrial classification, a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101; and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218; and adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15 - "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID Numbers 00377101 and 00377218 ", be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "A Law to Amend the Municipal Plan By- law". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101; and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218, from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial classification, with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning the a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101; and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218, from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial classification, with Section 39 conditions, be read a second time. Question being taken, the motion was carried. 92 -227 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9. Audiences publiques a 19 h 9.1a)b) Projet de modification du plan municipal et de I'arrete sur le zonage visant le 71 et le 84, rue Kennedy Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal visant a modifier la designation, aux annexes 2 -A et 2- B du plan d'amenagement municipal, d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 1 190 metres carres (12 809 pieds carres) et portant le NID 00377101 et d'une parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) et portant le NID 00377218, de zone residentielle de densite moyenne a zone d'industrie legere; et a ajouter le point suivant a la liste de projets d'amenagements approuves dans la zone d'industrie legere au paragraphe 2.4.7.15 : (< xx) parcelles de terrain d'une superficie totale d'environ 1 640 metres carres (17 653 pieds carres), situees au 71 et au 84, rue Kennedy et portant les NID 00377101 et 00377218 »; et de permettre le rezonage desdites parcelles de terrain pour les faire passer de zone d'immeubles a logements multiples de trois etages « RM -1 » a zone d'industrie legere « 1 -1 », a la demande de 511789 N. -B. Inc. (Service Master), et qu'aucune opposition par ecrit n'a ete reque. 9.1c) Comite consultatif d'urbanisme - terrains situes au 71 et au 84, rue Kennedy Le conseil a egalement examine un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue le 2 mai 2006, au cours de laquelle le comite a resolu de recommander I'approbation, telle qu'elle est presentee dans la recommandation du personnel, a I'effet que le conseil communal procede au rezonage des parcelles de terrain precitees situees au 71 et au 84, rue Kennedy de zone residentielle de densite moyenne a zone d'industrie legere et au rezonage propose desdites parcelles de terrain de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone d'industrie legere « 1 -1 », conformement aux conditions prevues a I'article 39. Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui au rezonage et Ken McCurdy, proprietaire de Service Master, parle en faveur de la demande, indiquant que ses employes ont recemment nettoye le terrain vacant et qu'il desirerait le convertir en parc de stationnement pour 1'entreprise. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal » visant a modifier, a I'annexe 2 -A et 2 -B du plan d'amenagement municipal, la designation d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 1 190 metres carres (12 809 pieds carres) et portant le NID 00377101 et d'une parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) et portant le NID 00377218, pour les faire passer de zone residentielle de densite moyenne a zone d'industrie legere; et d'ajouter le point suivant a la liste de projets d'amenagements approuves dans la zone d'industrie legere au paragraphe 2.4.7.15 : (< xx) parcelles de terrain d'une superficie totale d'environ 1 640 metres carres (17 653 pieds carres), situees au 71 et au 84, rue Kennedy et portant les NID 00377101 et 00377218 » fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture de I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal » visant 6 modifier, a I'annexe 2 -A et 2 -B du plan 92 -228 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 d'amenagement municipal, la designation d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 1 190 metres carres (12 809 pieds carres) et portant le NID 00377101 et d'une parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) et portant le NID 00377218, pour les faire passer de zone residentielle de densite moyenne a zone d'industrie legere; et d'ajouter le point suivant a la liste de projets d'amenagements approuves dans la zone d'industrie legere au paragraphe 2.4.7.15 : « xx) parcelles de terrain d'une superficie totale d'environ 1 640 metres carres (17 653 pieds carres), situees au 71 et au 84, rue Kennedy et portant les NID 00377101 et 00377218 » fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal ». Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage dans The City of Saint John » visant a modifier le zonage d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 1 190 metres carres (12 809 pieds carres) et portant le NID 00377101 et d'une parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) et portant le NID 00377218, pour les faire passer de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone d'industrie legere 1 -1 » fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage dans The City of Saint John » visant a modifier le zonage d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 1 190 metres carres (12 809 pieds carres) et portant le NID 00377101 et d'une parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) et portant le NID 00377218, pour les faire passer de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone d'industrie legere 1 -1 » fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». 8. Delegations /Presentations 8.1 Presentation - NBCC Foundation Mr. Bruce Dowd, Chair of the New Brunswick Community College Saint John (NBCCSJ) Regional Committee and Mr. Peter McGill, Principal of the NBCCSJ delivered a presentation with the aid of electronic slides informing Council that the Saint John Campus presently offers 25 programs with over 3,000 students currently enrolled. Mr. McGill explained that the average NBCC student debt load is $12,250 per year with some students owing close to $20,000. after a two -year program pointing out that less than 5% of the students receive assistance through awards, scholarships and bursaries. Mr. Dowd advised that the 2005 Saint John Work Force Survey found that businesses are concerned about the availability of skilled labour in this region and without more students attending the NBCC this skilled employee shortage will grow. Mr. Dowd concluded his presentation requesting Council to consider, during deliberations for the 2007 budget, providing financial support in the amount of $50,000. over a five year period to the NBCC Student Bursary Fund which will primarily support the students with the most need noting that the Provincial Government has pledged to support the campaign with its own contribution of $0.50 for every dollar raised. 92 -229 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 A brief discussion followed with Messrs. McGill and Dowd responding to questions regarding the Bursary Fund. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the request of the NBCC for financial support in the amount of $50,000. over a five year period, be referred to the City Manager for consideration before the end of December 2006. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Presentation - Fondation CCNB M. Bruce Dowd, president du Comite regional du College communautaire du Nouveau - Brunswick, campus de Saint John (CCNBSJ), et M. Peter McGill, directeur du CCNBSJ, ont fait une presentation au moyen de diapositives electroniques, indiquant au Conseil que le campus de Saint John offre actuellement 25 programmes auxquels sont inscrits plus de 3 000 etudiants a I'heure actuelle. M. McGill explique que la dette moyenne des etudiants frequentant les CCNB s'eleve a 12 250 $ par annee et que certains etudiants doivent pres de 20 000 $ a la fin d'un programme de deux ans, soulignant que moins de 5 % des etudiants regoivent de I'aide par 1'entremise de bourses d'etudes. M. Dowd declare que I'Enquete 2005 sur la main - d'oeuvre de Saint John a revele que les entreprises sont preoccupees par la disponibilite d'une main - d'oeuvre qualifiee dans la region et, qu'a moins que le nombre d'etudiants frequentant les CCNB n'augmente, la penurie d'employes qualifies ne fera qu'empirer. M. Dowd a conclu sa presentation en demandant au conseil d'examiner, au cours des deliberations budgetaires de 2007, la possibilite de verser une aide financiere de 50 000 $ sur une periode de cinq ans au Fonds de bourses d'etudes du CCNB afin d'aider avant tout les etudiants dont les besoins sont les plus criants, indiquant que le gouvernement provincial a promis d'appuyer la campagne en contribuant 0,50 $ pour chaque dollar recueilli. Une courte discussion s'ensuit et MM. McGill et Dowd repondent aux questions concernant le Fonds de bourses. Proposition du conseiller Titus Appuyee par le maire suppleant Hooton RESOLU que la demande du CCNB concernant une aide financiere de 50 000 $ sur une periode de cinq ans soit transmise au directeur general aux fins d'examen avant la fin decembre 2006. A ('issue du vote, la proposition est adoptee. 11.8 New Brunswick Community College Funding On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Titus requesting that Council consider making a contribution to the New Brunswick Community College funding campaign be, received for information. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that agenda item 13.2, Committee of the Whole Report — Nominating Committee, be brought forward for consideration after the presentation by the Saint John Port Authority. Question being taken, the motion was carried. 11.8 Financement des colleges communautaires du Nouveau - Brunswick Proposition du conseiller McGuire Appuyee par le maire suppleant Hooton RESOLU que la lettre du conseiller Titus 92 -230 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 demandant que le conseil examine la possibilite de faire une contribution a la campagne de financement des colleges communautaires du Nouveau - Brunswick soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le maire suppleant Hooton RESOLU que le point 13.2 a I'ordre du jour, intitule Rapport du comite plenier — Comite des candidatures, soit examine des la fin de la presentation par ('Administration portuaire de Saint John. A I'issue du vote, la proposition est adoptee. 8.2 Presentation - Saint John Port Authority Captain Alwyn Soppitt, President and CEO of the Saint John Port Authority recognized staff and Board Members present in the Council Chambers. He provided Council with a review of its business during 2005 and commented regarding their direction going forward. Captain Soppitt explained that the Port's operations and working capital are sustained solely from port fees, lease rentals and their investment income. He explained that the deep water port is a key part of having Canada's largest refinery in Saint John and the attraction for bringing LNG to this port; pointing out that the Barrack Point Potash Terminal was built for and serves as the marine gateway for NB potash exports. Referencing the lack of growth in marine business he expressed concern with regard to dredging costs and the aging port infrastructure; and advised that new developments, such as the Point Lepreau refurbishment and wallboard production at the dry dock will present opportunities for the port. Discussion continued with Captain Soppitt commenting on the importance of the cruise ship industry to the City. Referring to the Atlantica /Atlantic Gateway Initiative, he stressed that they need to be part of Atlantica and stated that the potential exists to develop a strong cross - border region which can ultimately result in increased economic activity throughout the international north -east region. Captain Soppitt concluded his presentation responding to questions and extending an invitation to Council to take a tour of the port facilities at any time. 8.2 Presentation - Administration portuaire de Saint John Le capitaine Alwyn Soppitt, president et chef de la direction de I'Administration portuaire de Saint John, salue le personnel et les membres du conseil presents dans la salle du conseil. II presente au conseil un examen des activites du port au cours de I'annee 2005 et discute des orientations d'avenir. Le capitaine Soppitt explique que les activites et le fonds de roulement du port ne sont assures que par les droits exiges par le port, les baux bruts et les revenus d'investissement. II explique que le port en eau profonde contribue grandement a la presence de la raffinerie la plus importante du Canada a Saint John et a I'arrivee du gaz nature) liquefie dans ce port, soulignant que le terminal de potasse de Barrack Point sert de porte d'entree maritime pour les exportations de potasse du Nouveau - Brunswick et a ete construit a cet effet. Faisant allusion a I'absence de croissance dans le secteur maritime, it exprime des inquietudes en ce qui concerne les couts de dragage et le vieillissement de ('infrastructure du port et indique que de nouveaux travaux, comme la remise a neuf de la centrale de Point Lepreau et la production de panneaux muraux au bassin de radoub, offriront des possibilites pour le port. La discussion se poursuit et le capitaine Soppitt souligne ('importance de I'industrie des paquebots de croisiere pour la ville. Faisant allusion a ('initiative Atlantica /Porte d'entree de I'Atlantique, it precise que ces travaux doivent faire partie de cette initiative et indique qu'il existe un potentiel de developpement d'une region transfrontaliere forte pouvant, eventuellement, entrainer une plus grande activite economique dans toute la region internationale Nord -Est. Le capitaine Soppitt conclut sa presentation en repondant aux questions et en invitant le conseil 6 visiter les installations du port en tout temps. 92 -231 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 13.2 Committee of the Whole Report - Nominating Committee On motion of Mayor McFarlane Seconded by Deputy Mayor Hooton RESOLVED that Edward Farren be re- appointed to the Saint John Port Authority for a three year term ending May 8, 2009. Question being taken, the motion was carried. 13.2 Rapport du comite plenier relativement au Comite des candidatures Proposition du maire McFarlane Appuybe par le maire supplbant Hooton RESOLU que Edward Farren soit nommb de nouveau pour sibger b ('Administration portuaire de Saint John pour une pbriode de trois ans se terminant le 8 mai 2009. A ('issue du vote, la proposition est adoptbe. 7. Proclamation 7.1 The Mayor proclaimed the week of May 14 -19, 2006 as Police Week and May 15th as Peace Officers' Memorial Day in the City of Saint John. 7.2 The Mayor proclaimed May 10, 2006 as World Lupus Day in the City of Saint John. 7.3 The Mayor proclaimed the week of May 14 to 20, 2006 as Census Week in the City of Saint John. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that agenda item 11.6 be brought forward at this time. 11.6 2006 Census On motion of Councillor McGuire Seconded by Councillor Titus BE IT RESOLVED that the Common Council of the City of Saint John supports the 2006 Census and encourages all residents to complete the census forms online at www.census2006.ca or by mail by Tuesday, May 16, 2006, so that accurate and complete data will be available to support programs and social services that benefit us all. Question being taken, the motion was carried. 7.4 The Mayor proclaimed May 17, 2006 as National Day Against Homophobia and Transphobia in the City of Saint John. 7.5 The Mayor proclaimed the week of May 14 -20, 2006 as Emergency Medical Services Week in the City of Saint John. (Councillors Chang and Titus withdrew from the meeting as they were not present for the public hearings held on April 24, 2006 for the proposed re- zoning of the properties located at 14 Castle Street and 125 Daniel Avenue.) 7. Proclamation 7.1 Le maire declare la semaine du 14 au 19 mai 2006 Semaine de la police et le 15 mai Journbe commbmorative des agents de la paix clans The City of Saint John. 7.2 Le maire dbclare le 10 mai 2006 Journbe mondiale du lupus clans The City of Saint John. 7.3 Le maire dbclare la semaine du 14 au 20 mai 2006 Semaine du recensement clans The City of Saint John. 92 -232 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 Proposition du conseiller Farren Appuybe par le conseiller McGuire QUE le point 11.6 de I'ordre du jour soit examine des maintenant. 11.6 Recensement 2006 Proposition du conseiller McGuire Appuybe par le conseiller Titus IL EST RESOLU que le conseil communal de The City of Saint John appuie le recensement 2006 et encourage tous les rbsidents b remplir et b faire parvenir les formulaires de recensement en ligne b I'adresse www.census2006.ca ou par courrier au plus tard le mardi 16 mai 2006 pour que des donnbes exactes et complbtes soient disponibles afin d'appuyer les programmes et les services sociaux qui profitent a tous. A ('issue du vote, la proposition est adoptbe. 7.4 Le maire dbclare le 17 mai 2006 Journbe nationale contre I'homophobie et la transphobie dans The City of Saint John 7.5 Le maire dbclare la semaine du 14 au 20 mai 2006 Semaine des services mbdicaux d'urgence dans The City of Saint John. (Les conseillers Chang et Titus quittent la rbunion puisqu'ils n'6taient pas prbsents b I'audience publique tenue le 24 avril 2006 concernant le projet de rezonage des terrains situbs au 14, rue Castle et au 125, avenue Daniel.) 10. Consideration of By -laws 10.1 (a) Third Reading - Municipal Plan Amendment - 14 Castle Street On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the by -law entitled "By -law Number C.P. 105 -4 "A Law to Amend The Municipal Plan By -law ", by re- designating on Schedule 2 -C of the Future Land Use Plan, a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, from Medium Density Residential to Major Community Facilities classification, be read. Question being taken, the motion was carried. The by -law entitled "By -law Number C.P. 105 -4 a Law to Amend the Municipal Plan By- law" was ready in its entirety. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled "By -law Number C.P. 105 -4 "A Law to Amend The Municipal Plan By -law ", by re- designating on Schedule 2 -C of the Future Land Use Plan, a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, from Medium Density Residential to Major Community Facilities classification be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number C.P. 105 -4 a Law to Amend the Municipal Plan By -law ". 92 -233 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 10.1 (b) (c) Third Reading - Zoning By -law Amendment and Section 39 Conditions 14 Castle Street On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number C.P. 110 -7, a Law to Amend the Zoning By -law of The City of Saint John" re- zoning a parcel of land located at 14 Castle Street, having an area of approximately 440 square metres, also identified as being PID Number 00014506, from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -7, a law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Councillor Court Seconded by Councillor White RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land located at 14 Castle Street, having an area of approximately 440 square metres, also identified as being PID Number 00014506, be limited to the use of a parking lot, and further that upon the re- zoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number C.P. 110 -7, a Law to Amend the Zoning By -law of The City of Saint John" re- zoning a parcel of land located at 14 Castle Street, having an area of approximately 440 square metres, also identified as being PID Number 00014506, from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -7, a law to Amend the Zoning By -law of The City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture de la modification du plan municipal visant le terrain situe au 14, rue Castle Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que I'arrete intitule « Arrete no C.P. 105 -4 modifiant I'arrete relatif au plan municipal » visant a modifier, a I'annexe 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 14506, pour la faire passer de zone residentielle de densite moyenne a zone d'installations collectives majeures, fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 105 -4 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no C.P. 105 -4 modifiant I'arrete relatif au plan municipal » visant a modifier, a I'annexe 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 14506, 92 -234 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 pour la faire passer de zone residentielle de densite moyenne a zone d'installations collectives majeures, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no CP- 105 -4, modifiant 1'arrete relatif au plan municipal ». 10.1 b)c) Troisieme lecture de la modification de I'arrete sur le zonage et des conditions imposees par I'article 39 relativement au terrain siue au 14, rue Castle Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule « Arrete no C.P. 110 -7, modifiant 1'arrete sur le zonage de The City of Saint John » visant a modifier le zonage d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 00014506, pour la faire passer de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone d'equipement collectif majeur « IL -2 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -7 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller White RESOLU qu'en vertu des dispositions de I'article 39 de la Loi sur Furbanisme, le projet d'amenagement d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 00014506, soit limite a ('utilisation d'un parc de stationnement et, qu'a la suite du rezonage du secteur, le terrain et tout batiment ou construction qui y sera place soit amenage et utilise conformement au projet et aux conditions stipulees par les presentes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule « Arrete no C.P. 110 -7, modifiant 1'arrete sur le zonage de The City of Saint John » visant a modifier le zonage d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 00014506, pour la faire passer de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone d'equipement collectif majeur « IL -2 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -7 modifiant 1'arrete sur le zonage de The City of Saint John ». 10.2 (a) (b) Third Reading - Zoning By -law Amendment and Section 39 Conditions - 125 Daniel Avenue On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the by -law entitled, "By -law Number C.P. 110 -12, a Law to Amend the Zoning By -law of The City of Saint John" re- zoning a parcel of land located at 125 Daniel Avenue, having an area of approximately 5750 square metres, also identified as being PID Number 55176457, from "R -1A" One Family Residential to "R -2" One and Two Family Residential classification, be read. Question being taken, the motion was carried. 92 -235 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 The by -law entitled, "By -law Number C.P. 110 -12, a law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land having an area of approximately 5750 square metres, also identified as being PID Number 55176457, with a one -and two - family garden home development be subject to the condition that the use of the proposed lot that abuts the property at 151 Daniel Avenue (PID Number 55054258) is restricted to a one - family dwelling, and further that upon the re- zoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number C.P. 110 -12, a Law to Amend the Zoning By -law of The City of Saint John" re- zoning a parcel of land located at 125 Daniel Avenue, having an area of approximately 5750 square metres, also identified as being PID Number 55176457, from "R -1A" One Family Residential to "R -2" One and Two Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -12, a law to Amend the Zoning By -law of The City of Saint John. (Councillors Chang and Titus re- entered the meeting.) 10.2a)b) Troisieme lecture de la modification de I'arrete sur le zonage et des conditions imposees par I'article 39 relativement au terrain siue au 125, avenue Daniel Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que 1'arrete intitule « Arrete no C.P. 110 -12 modifiant 1'arrete sur le zonage de The City of Saint John » visant a modifier le zonage d'une parcelle de terrain situee au 125, avenue Daniel, d'une superficie d'environ 5 750 metres carres et portant le NID 55176457, pour la faire passer de zone residentielle - habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -12 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur 1'urbanisme, le projet d'amenagement d'une parcelle de terrain, d'une superficie d'environ 5 750 metres carres et portant le NID 55176457, par la construction de maisons a patio unifamiliales et bifamiliales soit assujettie a la condition selon laquelle ('utilisation du lot propose attenant au terrain situe au 151, avenue Daniel (NID 55054258) soit limitee a une habitation unifamiliale et, qu'a la suite du rezonage du secteur, le terrain et tout batiment ou construction qui s'y trouve soient amenages et utilises conformement a la proposition et aux conditions stipulees par les presentes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule « Arrete no C.P. 110 -12 modifiant 1'arrete sur le zonage de The City of Saint John » visant 6 modifier le 92 -236 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 zonage d'une parcelle de terrain situee au 125, avenue Daniel, d'une superficie d'environ 5 750 metres carres et portant le NID 55176457, pour la faire passer de zone residentielle - habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 », fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -12 modifiant I'arrete sur le zonage de The City of Saint John ». (Les conseillers Chang et Titus sont de nouveau presents a la reunion). 11. Submissions by Council Members 11.1 Recreation Services - Crescent Valley On motion of Councillor McGuire Seconded by Councillor White RESOLVED that the letter from Councillor McGuire requesting a report on the status of Recreational Service and Facility improvements that were planned and approved for the residents of the Crescent Valley area, be referred to the City Manager. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Services des loisirs - Crescent Valley Proposition du conseiller McGuire Appuyee par le conseiller White RESOLU que la lettre du conseiller McGuire demandant un rapport sur I'etat des services de loisirs et les ameliorations apportees aux installations prevues et approuvees pour les residents du secteur de Crescent Valley soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. 11.2 Federal Investment in Public Transit On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that as recommended by Councillor Titus: WHEREAS public transit provides essential and universal mobility to residents within Canada's urban areas, and; WHEREAS public transit increases roadway capacity by offering people a transportation choice other than the automobile, and; WHEREAS public transit reduces greenhouse gas emissions and air pollution, and; WHEREAS transit infrastructure investment needs for Canadian transit systems in the period 2006 -2010 stand at $20.7 billion, with over $5 billion of this amount not fundable under current programs, and; WHEREAS municipalities have inadequate revenue tools to finance the full cost of transit infrastructure; THEREFORE BE IT RESOLVED that this Council call on the Federal Government to: Make permanent the federal investment in public transit provided under the Public Transit Capital Trust announced in Budget 2006; Ensure that this investment is distributed equitably to all transit systems across Canada; 92 -237 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 Ensure that this investment is over and above any existing federal or provincial funding already in place. Question being taken, the motion was carried. 11.2 Investissement federal pour le service de transport en commun Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que, comme le recommande le conseiller Titus : ATTENDU que le transport en commun offre une mobilite essentielle et universelle aux residents dans les milieux urbains du Canada; ATTENDU que le transport en commun augmente la capacite routiere en offrant aux gens un choix de transport different de I'automobile; ATTENDU que le transport en commun reduit les emissions de gaz a effet de serre et la pollution de I'air; ATTENDU que les besoins d'investissement en matiere d'infrastructure de transport pour les reseaux de transport canadiens durant la periode 2006 -2010 s'elevent a 20,7 milliards de dollars, dont plus de 5 milliards de dollars ne peuvent titre finances en vertu des programmes actuels; ATTENDU que les municipalites disposent d'outils de production de revenus inadequats pour financer le cout de ('infrastructure de transport; POUR CES MOTIFS, IL EST RESOLU que le conseil demande au gouvernement federal de : rendre permanent ('investissement federal dans le transport en commun verse par 1'entremise de la fiducie pour ('infrastructure du transport en commun annonce dans le budget 2006; veiller a ce que cet investissement soit distribue de maniere equitable a tous les reseaux de transport en commun au Canada; veiller a ce que cet investissement s'ajoute au financement federal ou provincial deja existant. A I'issue du vote, la proposition est adoptee. 11.3 Harbour Bridge Speed Limit On motion of Councillor Chang Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Chang requesting that the Harbour Bridge Authority place 25 km /h road signs at suitable locations around the toll bridge, for the safety of employees and to reduce congestion for customers, be referred to the Saint John Harbour Bridge Authority. Question being taken, the motion was carried. 11.3 Limite de vitesse sur le pont Harbour Proposition du conseiller Chang Appuyee par le maire suppleant Hooton RESOLU que la lettre du conseiller Chang demandant que I'Administration du pont du port installe des panneaux routiers de 25 km /h a des endroits appropries aux environs du pont a peage de maniere a assurer la securite des employes et a reduire la congestion de la circulation pour les clients soit transmise a ('Administration du pont du port de Saint John. A I'issue du vote, la proposition est adoptee. 92 -238 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 11.4 Natural Forms of Energy Chang: On motion of Councillor Chang Seconded by Councillor White RESOLVED that as recommended by Councillor All new buildings constructed for the City of Saint John including the new police complex be subjected to feasibility studies on natural forms of energy usages such as solar, wind, etc. to demonstrate our commitment to the environment and secure our position as the energy hub of Atlantic Canada. 2. The City Manager investigate all funding programs available from FCM, the Province and the Federal Government to assist Saint John in taking a leadership role on this issue. Question being taken, the motion was carried. 11.4 Sources naturelles d'energie Chang : Proposition du conseiller Chang Appuyee par le conseiller White RESOLU que, comme le recommande le conseiller tous les nouveaux batiments construits pour The City of Saint John, y compris le nouveau centre policier, soient assujettis a des etudes de faisabilite sur les sources naturelles de consommation d'energie, comme 1'energie solaire, 1'energie eolienne, etc. pour temoigner de notre engagement envers 1'environnement et pour assurer notre position en tant que « carrefour de 1'energie » du Canada atlantique; 2. le directeur general examine tous les programmes de financement de la Federation canadienne des municipalites (FCM), de la province et du gouvernement federal pour aider Saint John a assumer un role de direction sur cette question. A I'issue du vote, la proposition est adoptee. 11.5 Immigration Stratagem On motion of Councillor Chang Seconded by Councillor Ferguson RESOLVED that as recommended by Councillor Chang the City Manager: Converse with all stakeholders including the Saint John Immigration Board, Enterprise Saint John, and our federal and provincial counterparts etc. to devise a strategy to proactively offset our eventual demographic fate, with respect to actively pursuing employees internationally to fill vacancies within the establishment. 2. Initiate a leadership role to try and use ethnic and international references in all City publications as much as possible, including advertisements, tourism brochures, etc. to complement the City's proactive position on immigration - a reference such as a photo, a quote, various types of businesses, individual profiles, etc., and any type of information that describes Saint John as a multicultural community. Question being taken, the motion as amended was carried. 11.5 Strategie intelligente en matiere d'immigration Proposition du conseiller Chang Appuyee par le conseiller Ferguson RESOLU que, comme le recommande le conseiller Chang, le directeur general : 92 -239 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 discute avec tous les intervenants, y compris, entre autres, le Conseil de ('immigration de Saint John, Entreprise Saint John et nos homologues federaux et provinciaux afin d'elaborer une strategie pour faire contrepoids de maniere proactive a notre destin demographique en ce qui concerne la recherche active d'employes a 1'echelle internationale pour remplir des postes vacants au sein de 1'etablissement. 2. exerce un role de direction pour tenter d'utiliser le plus possible les references ethniques et internationales dans toutes les publications de la ville, y compris, entre autres, les annonces et les brochures touristiques pour parfaire la position proactive de la ville en matiere d'immigration - une reference comme une photo, une citation, divers types d'entreprises, des profils individuels, etc. et tout type de renseignements decrivant Saint John en tant que collectivite multiculturelle. A ('issue du vote, la proposition est modifiee et adoptee. 11.7 Town Hall Meeting - Loch Lomond Villa On motion of Councillor McGuire Seconded by Councillor Ferguson RESOLVED that the letter from Councillor McGuire advising that the next Town Hall meeting will be held Tuesday, May 30, 2006 at 7:00 p.m. in the Auditorium at the Loch Lomond Villa, be received for information. Question being taken, the motion was carried. 11.7 Assemblee publique locale relative a la residence Loch Lomond Villa Proposition du conseiller McGuire Appuyee par le conseiller Ferguson RESOLU que la lettre du conseiller McGuire informant que la prochaine assemblee publique locale se tiendra le mardi 30 mai 2006 a 19 h dans ('auditorium de la residence Loch Lomond Villa soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Asphalt Planner for MT Trackless Machine On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd., in the amount of $68,340., plus tax, for the supply and installation of 1 used and 2 new asphalt planer attachments for the MT Trackless vehicles be accepted. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Raboteuses d'asphalte pour tracteurs MT Trackless Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, la soumission presentee par Saunders Equipment Ltd. au montant de 68 340 $, plus taxe, pour la fourniture et ('installation de raboteuses d'asphalte (deux neuves et une usagee) sur les tracteurs MT Trackless soit acceptee. A ('issue du vote, la proposition est adoptee. 92 -240 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 12.2 Fire Apparatus Replacement - Update On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council withdraw its approval of April 26, 2006, to purchase the used 2005 fire pumper truck from E -One Canada Corp. in the amount of $319,207.84 and further that Council accept the offer of E -One for the purchase of 1 only 2006 Typhon style fire pumper truck in the amount of $362,060.31, plus tax. Question being taken, the motion was carried. 12.2 Mise a jour sur le renouvellement de 1'engin d'incendie Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil retire son approbation du 26 avril 2006 concernant I'achat du carrion usage equipe d'une pompe a incendie (modele 2005) de E -One Canada Corp. au montant de 319 207,84 $ et, de plus, que le conseil accepte I'offre de E -One pour I'achat d'un seul camion equipe d'une pompe a incendie 2006 de style Typhon au montant de 362 060,31 $, plus taxe. A ('issue du vote, la proposition est adoptee. 12.3 Tender - Trailer Mounted Automated Valve Operating System On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd., in the amount of $59,744.72, plus tax, for a trailer mounted valve maintenance system for the Water and Sewerage Division of The City of Saint John be accepted. Question being taken, the motion was carried. 12.3 Soumission - Systeme d'exploitation de vannes automatiques montees sur remorque Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, la soumission presentee par Saunders Equipment Ltd. au montant de 59 744,72 $, plus taxe, pour un systeme d'entretien de vannes montees sur remorque pour le Service d'aqueduc et d'egouts de The City of Saint John soit acceptee. A ('issue du vote, la proposition est adoptee. 12.4 Contract 2006 -8 - Mill Road Vault - Valve Renewal On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2006 -8: Mill Road Vault — Valve Renewal be awarded to the low tenderer, G.N. LeBlanc Construction Ltd., at its tendered price of $106,000. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.4 Contrat 2006 -8 - Renouvellement des vannes de 1'enceinte du chemin Mill Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le contrat no 2006 -8 relatif au renouvellement des vannes de 1'enceinte du chemin Mill soit accorde au soumissionnaire moins - disant, soit G.N. LeBlanc 92 -241 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 Construction Ltd., au prix offert de 106 000 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels requis. A I'issue du vote, la proposition est adoptee. 12.5 Contract 2006 -3 - Newman Street - Victoria Street - Water and Sewer Construction and Street Reconstruction - Rothesay Road (Route 100) Road Reconstruction - Provincially Designated Highways Improvement Program On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Contract 2006 -3: Newman Street — Victoria Street: Water & Sewer Construction and Street Reconstruction, Rothesay Road (Route 100) — Road Reconstruction - Provincially Designated Highways Improvement Program be awarded to the low tenderer, Galbraith Construction Ltd., at its tendered price of $607,425. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Ferguson requested a report on the Communications Strategy initiated a couple of years ago with respect to water. Mr. Totten responded that the consulting firm Brown and Caldwell presented a communication strategy to Council and received payment for this. He explained that at that time, the Vision 2015 exercise began which will involve the creation of a communications unit. It was noted that the Brown and Caldwell has not received any further payments nor have they done any further work until the appropriate resources can be put in place. Mr. Totten explained that he is now waiting for the Vision 2015 Committee to come forward with a strategy. Question being taken, the motion was carried. On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that the City Manager provide Council with an update on the work carried out by Brown and Caldwell, the consultant engaged with respect to communications for water. Question being taken, the motion was carried. 12.5 Contrat 2006 -3 - Amenagement d'un reseau d'aqueduc et d'egouts et refection des rues Newman et Victoria, refection du chemin Rothesay (route 100) et Programme d'amelioration des routes designees provinciales Proposition du conseiller Ferguson Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, le contrat no 2006 -3 relatif a I'amenagement d'un reseau d'aqueduc et d'egouts et a la refection des rues Newman et Victoria, a la refection du chemin Rothesay (route 100) et au Programme d'amelioration des routes designees provinciales soit accorde au soumissionnaire moins - disant, soit Galbraith Construction Ltd., au prix offert de 807 425 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels requis. Le conseiller Ferguson exige un rapport sur la strategie de communication concernant I'eau mise de I'avant it y a deux ans. M. Totten repond que la societe d'experts - conseils Brown and Caldwell a presente une strategie de communication au conseil pour laquelle elle a obtenu paiement. II explique qu'a ce moment-16, 1'evenement Vision 2015 a debute et comprendra la creation d'une unite de communication. On note que la societe Brown and Caldwell ne recevra pas d'autres paiements, ni ne realisera d'autres travaux avant qu'il soit possible de mettre en place les ressources appropnees. M. Totten explique qu'a I'heure actuelle, it attend que le comite de Vision 2015 presente une strategie. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le directeur general fournisse une 92 -242 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 mise a jour au conseil sur le travail realise par Brown and Caldwell, societe d'experts- conseils embauchee en ce qui concerne les communications portant sur 1'eau. A I'issue du vote, la proposition est adoptee. 12.6 Removal of Hydrocarbon Impacted Soil - Lantic Sugar On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the tender for the removal of Hydrocarbon Impacted Soil be awarded to W & S General Contractors as indicated on the submitted summary of bids. Question being taken, the motion was carried. 12.6 Enlevement des sols contamines aux hydrocarbures - Sucre Lantic Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, la soumission relative a 1'enlevement des sols contamines aux hydrocarbures soit accordee a W & S General Contractors, comme I'indique le resume des soumissions presente. A I'issue du vote, la proposition est adoptee. 12.8 Lease of Space - Stalls 131 & Al - City Market On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: The City of Saint John enter into a lease of space for Stall "B1 & Al" in The City Market with Stillwell Foods Ltd. upon the terms and conditions as set out in the Lease submitted hereto; and 2. That Common Council give 1st and 2nd reading to the "City Market By- Law" whereby Section 5(2) is amended to add following Section 5(2) (h), Section (5)(2) (i) Stall Al & 131; and 3. Further that the Mayor and Common Clerk be authorized to sign the Lease or any other document required to finalize this transaction. Councillor Court expressed concern with regard to a tenant in the Market being afforded a three month rent free period to offset some minor renovation expenses and legal costs incurred to finalize this negotiation. Question being taken, the motion was carried with Councillor Court voting "nay ". 12.8 Marche municipal - location des etals no c 131 » et c Al » Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general : The City of Saint John conclue le bail relatif aux etals no « B1 » et « Al » du marche municipal entre elle -meme et Stillwell Foods Ltd., conformement aux modalites et conditions precisees audit bail; 2. le conseil communal procede aux premiere et deuxieme lectures de la modification de I'arrete concernant le marche de The City of Saint John, modifiant I'article 5(2) afin d'ajouter I'article 5(2)i) Etals no « Al » et « B1 », a la suite de I'article 5(2)h); 92 -243 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 3. le maire et le greffier communal soient autorises a signer le bail ou tout autre document requis afin de conclure cette transaction. Le conseiller Court exprime des inquietudes concernant un locataire du marche a qui on a accorde une periode de location gratuite de trois mois pour compenser des depenses de renovation mineures et les frais juridiques engages pour conclure la negociation. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. 12.9 Bentley Street /Harbour Passage (Phase 3) Right of Way Agreement with NB Southern Railway On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the City of Saint John enter into the submitted license agreement with New Brunswick Southern Railway Company Limited to acquire the necessary land rights in a 43 square metre ± (463 square foot) portion of property adjoining Bentley Street, also identified as PID Number 55110217, as generally shown on the submitted plan. As part of the transaction, The City of Saint John will: a) prepare any plan of survey required; b) pay to a maximum of $500. (HST inclusive), the legal fees required to finalize this transaction; C) where applicable, reinstate the subject property to the same conditions as existed prior to construction; and d) the Mayor and Common Clerk be authorized to sign any document necessary to finalize this transaction. Question being taken, the motion was carried. 12.9 Rue Bentley et Passage du port (phase 3) - Convention d'emprise avec le Chemin de fer du Sud, Nouveau - Brunswick Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John conclut le contrat de licence presente avec le Chemin de fer du Sud, Nouveau - Brunswick Limitee pour acquerir les droits fonciers requis dans une parcelle de terrain attenant a la rue Bentley, d'une superficie d'environ 43 metres carres (463 pieds carres) et portant le NID 55110217, comme le montre, de maniere generale, le plan presente. Dans le cadre de cette transaction, The City of Saint John a) preparera les plans d'arpentage requis; b) acquittera les honoraires juridiques jusqu'a concurrence de 500 $ (TVH incluse) exiges afin de conclure ladite transaction; C) retablira, le cas echeant, la propriete en question dans 1'etat ou elle etait avant la construction; d) autorisera le maire et le greffier communal a signer les documents requis pour conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 12.10 Properties Recommended for Canadian Register of Historic Places On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager: 1. Common Council of The City of Saint John list the following properties on The City of Saint John Local Register of Historic Places: 31 -33 Canterbury Street 35 Canterbury Street 149 Canterbury Street 151 Canterbury Street 92 -244 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 153 Canterbury Street 175 Canterbury Street 143 -147 Charlotte Street 161 -163 Charlotte Street 201 -209 Charlotte Street 211 -213 Charlotte Street 261 -263 Charlotte Street 265 Charlotte Street 267 Charlotte Street 269 Charlotte Street 271 Charlotte Street 27 -29 Duke Street 40 Duke Street 47 Duke Street 73 Duke Street 74 Duke Street 79 -81 Duke Street 82 -88 Duke Street 87 Duke Street 89 Duke Street 90 Duke Street 11 -13 Harding Street 19 Harding Street 17 Horsfield Street 18 Horsfield Street 19 Horsfield Street 21 -23 Horsfield Street 24 Horsfield Street 14 King Square South 24 King Square South 76 -78 Prince William Street 80 -82 Prince William Street 98 -100 Prince William Street 99 -103 Prince William Street 102 -108 Prince William Street 114 -116 Prince William Street 118 -120 Prince William Street 119 -125 Prince William Street 154 -158 Prince William Street 160 Prince William Street 175 -181 Prince William Street 240 -242 Prince William Street 260 Prince William Street 262 Prince William Street 266 Prince William Street 50 Princess Street 74 -76 Princess Street 80 -84 Princess Street 85 Princess Street 91 Princess Street 92 -94 Princess Street 98 Princess Street 101 -103 Princess Street 105 -107 Princess Street 109 -113 Princess Street 112 Princess Street 116 Princess Street 58 -60 Water Street 2. That the Council of The City of Saint John nominate the listed properties in the City of Saint John Register of Local Historic Places to the New Brunswick and Canadian Registry. Question being taken, the motion was carried. 12.10 Proprietes recommandees aux fins d'inscription au Repertoire canadien des lieux historiques Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general : 1. Le conseil communal dresse la liste des proprietes suivantes dans le Repertoire des lieux historiques locaux de The City of Saint John : 31 -33, rue Canterbury 149, rue Canterbury 153, rue Canterbury 143 -147, rue Charlotte 201 -209, rue Charlotte 261 -263, rue Charlotte 267, rue Charlotte 271, rue Charlotte 40, rue Duke 73, rue Duke 79 -81, rue Duke 87, rue Duke 90, rue Duke 19, rue Harding 18, rue Horsfield 21 -23, rue Horsfield 14, King Square Sud 76 -78, rue Prince William 98 -100, rue Prince William 102 -108, rue Prince William 35, rue Canterbury 151, rue Canterbury 175, rue Canterbury 161 -163, rue Charlotte 211 -213, rue Charlotte 265, rue Charlotte 269, rue Charlotte 27 -29, rue Duke 47, rue Duke 74, rue Duke 82 -88, rue Duke 89, rue Duke 11 -13, rue Harding 17, rue Horsfield 19, rue Horsfield 24, rue Horsfield 24, King Square Sud 80 -82, rue Prince William 99 -103, rue Prince William 114 -116, rue Prince William 118 -120, rue Prince William 154 -158, rue Prince William 175 -181, rue Prince William 260, rue Prince William 266, rue Prince William 74 -76, rue Princess 85, rue Princess 92 -94, rue Princess 101 -103, rue Princess 109 -113, rue Princess 116, rue Princess 92 -245 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 119 -125, rue Prince William 160, rue Prince William 240 -242, rue Prince William 262, rue Prince William 50, rue Princess 80 -84, rue Princess 91, rue Princess 98, rue Princess 105 -107, rue Princess 112, rue Princess 58 -60, rue Water 2. Que le conseil de The City of Saint John propose les proprietes figurant au repertoire des lieux historiques locaux de The City of Saint John au Repertoire du Nouveau - Brunswick et au Repertoire canadien. A I'issue du vote, la proposition est adoptee. 12.11 P.R.O. Kids Annual Report On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the P.R.O. Kids 2005 Annual Report, be received for information. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 12.11 Rapport annuel de P.R.O. Kids Proposition du conseiller Ferguson Appuyee par le maire suppleant Hooton Comme le recommande le directeur general, QUE le rapport annuel de 2005 presente par P.R.O. Kids soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion.) 12.12 Request for Surrender of Lease - Exhibition Association On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: WHEREAS the Lease between the Exhibition Association of the City and County of Saint John as Lessor and The City of Saint John as Lessee of lands identified as Lot 03 -01 on a Subdivision Plan filed in the Saint John County Registry Office on February 18, 2003 as No. 15835771, and which Lease is dated as of March 1, 2003, has terminated pursuant to the terms of Section 5.05 thereof; AND WHEREAS the Exhibition Association has requested that the City execute a Surrender of Lease in order that notice of the aforesaid termination be recorded under the Land Titles Act; NOW THEREFORE BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute a Surrender of the Lease between the Exhibition Association of the City and County of Saint John as Lessor and The City of Saint John as Lessee, which Lease is dated as of March 1, 2003, and notice of which was recorded in the Saint John County Registry Office on the 27th day of March, 2003 as Number 16000383. Question being taken, the motion was carried. 92 -246 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 12.12 Demande de cession de bail - Exhibition Association Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general : ATTENDU que le bail conclu entre Exhibition Association de la ville et du comte de Saint John en tant que bailleur et The City of Saint John en tant que locataire d'un terrain identifie comme etant le lot 03 -01 sur le plan de lotissement depose au bureau de 1'enregistrement du comte de Saint John le 18 fevrier 2003 sous le numero 15835771, ledit bail etant date du 1 e mars 2003, soit resilie en vertu des conditions stipulees a I'article 5.05; ET ATTENDU que Exhibition Association a demande que la ville signe une cession de bail de sorte que I'avis de resiliation susmentionne soit enregistre conformement a la Loi sur 1'enregistrement foncier, POUR CES MOTIFS, IL EST RESOLU que le maire et le greffier communal soient autorises a signer une cession de bail entre Exhibition Association de la ville et du comte de Saint John en tant que bailleur et The City of Saint John en tant que locataire, ledit bail etant date du 1 e mars 2003, pour lequel un avis a ete enregistre au bureau de 1'enregistrement du comte de Saint John le 27 mars 2003 sous le numero 16000383. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Hiring of Executive Assistant On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Jay Reid be hired for the contract position, which expires May 2008, Executive Assistant to the Mayor. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Embauche d'un adjoint de direction Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que Jay Reid soit embauche au poste contractuel d'adjoint de direction au maire qui se terminera en mai 2008. A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Request for Financial Support Reds Volleyball Team Councillor Ferguson acknowledged Mr. Morrison's response on this issue with respect to it being denied due to past practice. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the letter from Bernard Morrison responding to a question with regard to a request for financial support, be referred to the Leisure Services Advisory Board. Question being taken, the motion was carried. 92 -247 COMMON COUNCIL /CONSEIL COMMUNAL MAY 8, 2006/E 8 MAI 2006 14. Etude des sujets ecartes des questions soumises A I'approbation du conseil 14.1 Demande d'aide financiere de I'equipe de volley -ball des Reds Le conseiller Ferguson accuse reception de la reponse de M. Morrison sur la question relative au refus de la demande en raison des pratiques anterieures. Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que la lettre de Bernard Morrison en reponse A une question concernant une demande d'aide financiere soit transmise au Conseil consultatif des services des loisirs. A ('issue du vote, la proposition est adoptee. 15. General Correspondence 15.1 Canadian Cancer Society Pesticide By -law On motion of Councillor White Seconded by Councillor Farren RESOLVED that the letter from the Canadian Cancer Society requesting that Council reconsider enacting a pesticide -free by -law for the City of Saint John until provincial legislation is adopted, be received and that the Society be advised that the Cities of New Brunswick Association is putting forth a resolution to the Province of New Brunswick to enable more controls on pesticides. (Councillor Chang withdrew from the meeting.) Question being taken, the motion was carried. 15. Correspondance generale 15.1 Societe canadienne du cancer - Arrete sur les pesticides Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que la lettre de la Societe canadienne du cancer demandant que le conseil examine A nouveau la possibilite d'edicter un arrete pour interdire les pesticides dans The City of Saint John jusqu'A ce qu'une loi provinciale soit adoptee et que la Societe soit informee que I'Association des cites du Nouveau - Brunswick presente une resolution A la province du Nouveau - Brunswick pour exercer plus de controle sur les pesticides. (Le conseiller Chang quitte la reunion.) A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 10:10 p.m. 16. Cloture de la reunion Le maire declare que la seance est levee A 22 h 10. Mayor /maire Assistant Common Clerk /greffiere communale adjointe May 11, 2006 M &C #2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: REQUEST TO MEET HILTON CANADA INC. OFFICIALS I have been advised that Hilton Canada Inc. has requested to meet with Council, sitting in Closed Session, for the purpose of reviewing certain contractual commitments of the City OF Saint John that are found in the Management Agreement related to the Saint John Trade and Convention Center. Their request is to meet on June 5th, so that appropriate Hilton officials can travel to the City for the purpose of meeting with Common Council. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER r c .crr Jan �G� �; /fie`• � ✓Yltie`iU/Y� Al�t3-d..�. - �/1/ � �'l�tJ�' /�i.,'1^ 2�2'Lt� %1'�2�s�',e� CLOO C!�u %aa/L rt A.c-Vj i To Mayor & Council We the undersigned wish to bring to you're attention the dire need of work to be done & the deplorable condition of the Goldsworthy Road In winter with snow bank's it is impossible for two car's to pass, not to mention we are usually last to be plowed. This road need's widening & proper ditching & cleaning„ it need's a complete resurfacing & paving., not chip sealing. The chip seal does not last & the last contractor that did the road did a terrible job. Everyday our car's are subjected to dodging pot hole's which are getting impossible to dodge because there are so many. It would be nice to be considered for an extensive upgrade & it would be nice to have city service's like city water. How ever our road is a major concern for all who have to live here & drive our car's over this mess. We pay our taxes & deserve better. The road cause's wear & tear to our car's & other problem's it is impossible to keep our car's in alignment & it is a waste of time & money to have them done it also puts wear on our tire's. Most of us have lived here for many year's & all we get is chip seal & patching, & , now we don't even get that. It should be called Dodge Hole Road We would appreciate your attention on this matter & put us on your agenda for work to be done. Thank you Sincerely Margaret Dunbar & Neighbor's as follow's Name Address „Ln., 57 Kingshurst Lane Rothesay, NB E2H 1T3 City of Saint John Common Clerk's Office, City hall P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor and Council, Spring is upon us and with that the season of spraying pesticides. In light of the new information regarding the detrimental effects of pesticides on our health, we ,along with the Conservation Council of New Brunswick's Saint John Fundy chapter, believe that pesticides are carcinogenic and should be banned. We are respectfully requesting an opportunity to present more current information about the impacts of pesticides on human health, most specifically on the health of children. Our ardent hope is that this is the year that the City of Saint John will take the steps necessary to create a bylaw banning the cosmetic use of pesticides. This precautionary measure would protect you, our children and all of the citizen's of Saint John. St. Andrew's is the most recent community to move towards implementing such a bylaw and thus far, the other communities that have a bylaw, such as Shediac, have not experienced any issues they could not handle. We would like an opportunity to make a 15 minute presentation at your regular meeting. The presentation would include a very short informative video, a draft by -law that the town of St. Andrews is using and some of the most recent scientific studies in this regard. We are looking forward to hearing from you. Sincerely, On behalf of the Conservation Council of New Brunswick -Saint John Fundy Region C� e Patty Donovan 849 -8997 Sharon Flatt 449 -0408 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21,41,1 Bureau des Commissaires du Sent" de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E21, 4L1 RAYMOND T. FRENCH Chair /Prisident ANDREW BRITTON Commissioner/Vice President WES COSMAN Secretary/Secretaire IVAN COURT Commissioner/ Commissaire CHARLENE HAYES Commissioner/ Commissaire NORMAN McFARLANE Commissioner /Commissaire SARAH WILSON Executive Secretary/ Secretaire Administrative TelephonelTeiephone. (506) 674 -4142 Fax1Te1ecopieur: (506) 648 -3304 F maillCourriel: sarah. wilson@saintjohn. ca SAINT JOHN Explore our past/ Explorez noire passe Discoveryourfuturel Decouvrez votre avenir May 3, 2006 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: I wish to report that as at December 31, 2005, the Saint John Police Force 2005 Operating Budget was under expended by $22,210, an equivalent of 0.13% of the $16,969, 816 approved by Common Council. In accordance with Section 7(3) of the Police Act, the Commission approved this report at its meeting on May 2, 2006.1 am pleased to provide, herewith, a copy that report for the information of Common Council. Your worship and councillors may take note of the principles applied by senior staff in the administration of this budget to realize this favourable year -end result. On behalf of the Commission, 1 am making a formal request for an opportunity to present this year -end financial report at a public session meeting of Common Council so that councillors and citizens of Saint John will benefit from hearing this information first hand. Respectfully submitted, Raymond T. French Chair ll) REPORT TO COMMISSIONERS PUBLIC SESSION May 2, 2006 Raymond French, Chairman and Members of the Board of Police Commission Chairman French and Members SUBJECT 2005 Operating Budget — December Financial Results BACKGROUND Accountability, Value for Money and Supporting Our People have been the key success factors for the Saint John Police Force to deliver a balanced budget during the past two years. The management team and all the members of the organization have proven that Accountability is the foundation of good management. In doing so, staff must demonstrate the needs and the best interest of the community are considered when spending taxpayer's dollars. This is accomplished by getting results, reporting clearly and by standing up and taking responsibility for spending decisions and actions. The second area to focus on is Value for Money. There is nothing that erodes public confidence in a police force or another municipal government department more than the perception that managers are too loose with the purse strings. Stewardship is a sacred trust and police programs and services must be effective, efficient, and should make a meaningful contribution to the public good. The last key area relates to managing and Supporting the members of the Force. It is very easy to forget about the human dimension of stewardship when the primary focus is on accountability and reporting. The best way to be fiscally responsible, deliver a high quality service, provide effective management is to ensure that we have the right people in place, supported by the right tools and working environments. Raymond French, Chairman and Members of the Board of Police Commission May 2, 2006 Page 2 Subject. 2005 Operating Budget — December YTD Financial Results The purpose of this report is to provide the Board with a December 31, 2005 year -end update on the financial position of the Saint John Police Force's Operating Budget. FINANCIAL POSITION/RESULTS For the period ended as at December 31, 2005, the Saint John Police Force was under budget by $22,210, which is equivalent to 0.13% of the annual operating budget of $16,969,816. ➢ Explanation of the Over Budget Variance There were five key items that contributed to the $22,210 favorable variance for the 2005 fiscal year. 1. Salaries and Wages were under budget by $207,800. 2. Fringe Benefits were under by $16,244. 3. Good and Services were below budget by $95,025. 4. Overtime costs exceeded budget by $180,460. 5. Costs for Other Personnel and Court Time were over budget by $116,399. ANALYSIS The attached Variance Analysis Report explains any variance of +/- $5,000 from Budget to Actual results for a specific reporting period. In addition, there is a commentary section of the report that identifies and provides an explanation of significant variances from the budgeted amounts. 2005 Budget — Variance Analysis The following addresses major variances (actual) compared to the December 2005 YTD Budget. SALARIES AND WAGES Local 61 Salaries were under budget by $207,800. This particular budget saving was attributed to six vacancies that occurred throughout the year and were not filled until October 24, 2005. Raymond French, Chairman and Members of the Board of Police Commission May 2, 2006 Page 3 Subject. 2005 Operating Budget — December YTD Financial Results OVERTIME Local 61 The overtime costs for Local 61 personnel for all four divisions was $423,209, which represented an over budget amount of $179,372. The savings in Salaries allowed the Force to incur additional overtime costs when introducing the Summer Relief program that put four additional resources on the street. The program was geared toward Thursday - Saturday night shifts and it was in operation from June- September 2005. This new initiative was a huge success as it allowed the Manager in the Patrol Division to direct resources to specific hot spots or troubled segments of the City that may not have received the necessary police presence in the past. OTHER PERSONNEL COSTS (COURT TIME) Patrol Division The court time incurred by the Patrol Division was $187,443 compared to a budget of $88,000. This $99,443 over budget amount relates to overtime that covers off approximately 110 members in the uniform section. Criminal Investigation Divisions The actual court time figures for the CID police personnel were $27,478 and this exceeded the established budget of $10,000 by $17,478. Other Key Budget Areas: GENERAL SERVICES This expense category is under budget by $33,735. The Telephone budget account was under budget by $32,517 and this is the result of the timing and payment of the December charges. The Employer Training budget account was under budget by $22,387 and this relates specifically to courses offered by the employer. The account for the Employee Initiated Training was under budget by $11,215. The variance in this account can change from year to year based on the timing of training courses selected and completed by Local 61 personnel. Raymond French, Chairman and Members of the Board of Police Commission May 2, 2006 Page 4 Subject. 2005 Operating Budget— December YTD Financial Results PURCHASED GOODS This category was under budget by $55,396 and this covers off forty one (4 1) different accounts. The most substantial savings was for $36,905 in the Criminal Investigation Division's Imprest Fund and Special Operations accounts. INTERNAL SERVICES This expense category was over budget by ($30,668) and it includes expenses charged by Corporate Services for vehicle maintenance, fuel, and facility maintenance. The increase in the internal charges were made up of an under budget amount of $18,941 for Fleet maintenance and the over expenditure of $44,245 for Fleet fuel which results from the significant increase in fuel prices for 2005. ASSET PURCHASES The costs for all assets purchases were under budget by $52,704. The largest expense item in this category is the purchase of vehicles. The total costs for the purchase, outfitting of cars, and other equipment was $312,910 and this account was under budget by $17,090. Careful planning and the prudent purchasing of all assets permitted management to acquire two new police motorcycles in 2005 and these units will be fully operational by mid -2006. The remaining $35,614 covers off fourteen budget accounts and the other significant area of savings was for Furniture and Computers - Capital accounts for $21,821 and $14,546 respectively. INPUT FROM OTHER SOURCES The financial data used for this report was extracted from the financial information that was generated and provided from the HTE financial reporting system by City of Saint John finance staff. Raymond French, Chairman and Members of the Board of Police Commission May 2, 2006 Page 5 Subject: 2005 Operating Budget — December YTD Financial Results CONCLUSION The final tally of the actual expenses of $16,947,606 for 2005 was $22,210 below target of the Saint John Police Force approved budget of $16,969,816, More importantly, as indicated in the table below, the Force has been able to deliver a balance budget during the past two years with a budget envelope of $33,178,756. Such excellent financial results are a good example of the high level of stewardship and professionalism demonstrated by all the senior managers of the Force. The number one goal is to always provide a value -added service to the citizens of Saint John while continuously monitoring and maintaining operating costs to stay within the annual budget approved by Common Council. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at December 31, 2005 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 —December 31, 2005 • Consolidated Statement of Operations — Comparative Report 2005 vs. 2004 • Detailed Statement of Operations Raymond French, Chairman and Members of the Board of Police Commission May 25 2006 Page 6 Subject: 2005 Operating Budget — December YTD Financial Results Respectfully submitted, ZIM6��Ck MarvGn E. Corscadden, C A DIRECTOR HR & FINANCE Brian C. Fillmore DEPUTY CHIEF OF POLICE z4t&J Zcre/.e. Allen G. Bodechon CHIEF OF POLICE Saint John Police Force Consolidated Statement of Operations For the Period Ended December 31, 2005 I 2005- Year T4 P,!a?> 20.04 - Year To Date Budget Actua! (/ariance Budget Actual, Variance Salaries & Wages 11,023,656 10,819,364 204,292 10,704,983 103674,445 30,538 Overtime 2589837 435,789 (176,952) 258,837 283,530 (24,693) Other Personnel Costs 131,800 2489199 (1163399) 129,300 222,978 (93,678) Fringe Benefits 21384,415 2,368,171 161244 21222,611 2 209 303 13,308 Total Wages & Fringe Benefits 13,798,708 139871,523 (72,815) 1303153731 13,390,256 (74,525) General Services 612,500 578,765 33,735 607,344 564,003 43,341 Insurance 112,300 137,247 (24,947) 105,300 113,753 (8,453) Professional Services 240,148 252,000 (11,852) 225,728 302,051 (76,323) Other Purchased Services 108,500 102,997 51503 67,700 111,927 (44,227) Repairs & Maintenance 47,000 307738 16,262 47,000 32,206 149794 Rentals 464,300 458,951 51349 474,620 462,724 11,896 Purchased Goods 4772960 422,564 550396 419,460 383,367 36,093 Government Services (Prov & Fed) 13,000 14,309 (11309) 12,000 142626 (2,626) Internal Charges 645,200 675,868 (30,668) 483,857 468,070 15,787 Other Expenses - 5,149 (51149) 0 7,103 (7,103) Asset Purchases 450,200 397,496 52P704 450 200 387,882 62,318 Total Goods & Services 3,1711108 3,0769083 950025 298939209 2,847,712 45,497 $ 16,969,816-'$ 16,947,606 $ 22,210 $ 16,208,940 $ 16,2375968 $ (295028) 0.13% -0.18% SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended December 31, 2005 Budget Expenses Variance Current Variance is: Timing Actual $ 16,9699816 $ 16,947,606 $ 229210 Explanation of Variance $ 225010 Details of Actual variance: (Comment on Actual variances over /under $5,000) Expense Category Variance Explanation of Variance Salaries & Wages $204,292 Non -Union wages has a favorable variance of $16k. • Salaries486 is under budget by $38k and there is an offset in Salaries -Temp for ($37k). • Local 61 Salaries are under budget by $198k. This cost saving was attributed to six vacancies that occurred throughout the year and were not filled until October 24, 2005. • The increase in Salaries -Temp for ($37k) has a corresponding offset of $38k for Salaries -486. Overtime ($176,952) • Overtime for Local 61 members exceeded budget by ($179k). Patrol Division accounted for ($125k) CID was over by ($29k). Other Personnel Costs ($116,399) Court -Time: Overtime relating to court appearances for Patrol ($99k) and CID ($17k) members contributed this over budget item. Fringe Benefits $16,244 . Benefits are calculated at 21% and are based on all wages and other earnings. Saint John Police Force — December 2005 Budget Variance Analysis Expense Catenory Variance Exnlanatinn of Varianr� General Services $33,735 . Telephone: This account is under budget by $30k. • Employer Training: The cost for training offered by the employer was under budget by $22k. • Other Training: Expenses for the Employee Initiated Training program were over budget by $11 k and this relates more to the timing of courses and when they are completed by Local 61 members. Insurance ($24,947) Vehicle Insurance: The 2005 premium cost for insurance (vehicles /facilities) coverage exceeded the annual budget of $100k by $21 k. The deductible account for claims is over budget by $41k. Professional Services ($11,852) . Legal: This account is over by $9k. • Police Act Investigations ($26k) — This specific account is use to record unbudgeted expenses that may occur in the year that relates to any type of a Police Act Investigation. Other Purchased Services $57503 . Cleaners ($9k): This over budget amount is the additional cost to provide regular cleaning at the satellite stations and community police offices. Repairs and Maintenance $16,262 . Computer Maintenance - The annual costs associated with vendor maintenance agreements on software and hardware was under by $18k. Rentals $5,349 Vehicle Rentals (CID): $7k - The cost for renting unmarked vehicles for Street Crime Unit was under budget. April 11, 2006 Mr. Terry Totten City Manager City Hall 15 Market Square P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Totten: lxx� �S ,4c,7 Thank you for meeting with me on Thursday, April 6, and for your interest in the Beaverbrook Art Gallery. Your efforts in trying to secure an operating grant for the Provincial Art Gallery from the City of Saint John are much appreciated. As you suggested, a presentation to City Council would be the best approach to take in achieving this at some time in the near future. I am prepared to make a presentation to Council and I know that our Board member in Saint John, Douglas Stanley, is prepared to accompanying me. This is to formally request an opportunity to address Common Council on behalf of the Beaverbrook Art Gallery. I look forward to hearing from you on the scheduling of a meeting. Director /CEO BR/mlc Cc: Douglas Stanley PO. Box 605, 703 Queen Street Fredericton, New Brunswick CANADA E3B 5A6 (506) 458 -8545 / Fax (506) 4597450 G A L E R I E D A R T B E A V E R B R O O K A R T G A L L E R Y CP 605, 703 rue Queen Fredericton, Nouveau - Brunswick CANADA EBB 5A6 (506) 458 -8545 / Fax (506) 459 -7450 99 Station Street Saint John New Brunswick Canada E21 4X4 Tel (506) 632 -6103 Fax (506) 632 -6121 Email mail @harboursta6on.nb.m w .harbourstation.nb.ca Monday, May 08, 2006 Saint John Mayor and Common Council PO Box 1971 8`h Floor —City Hall Saint John, NB E2L411 Your Worship and Councillors: Re: Harbour Station Commission 2005 Operating Budget Update We are pleased to provide an update for the 2005 Operating Budget with some fiscal highlights on the facility as well as results for the first quarter of 2006. A multi -year contract with the Saint John Sea Dogs ownership group was ratified and the first puck was dropped for the game opener on September 16, 2005, to a sold -out crowd. The Sea Dogs drew over 156,000 fans during their inaugural season to officially cement a new Quebec Major Junior Hockey record for attendance by an expansion franchise. Over the thirty -five home contests, the average attendance was 4,477 fans. Also in September, thirteen executive boxes were completed and twelve have been signed for multi -year leases. In 2005 Harbour Station hosted twelve concerts including Simple Plan, 50 Cent, George Jones, Rita MacNeil, Dolly Parton, The Oakridge Boys, Sarah McLachlan, Blue Rodeo, Stuart McLean, The Game, Lord of the Dance and Sum 41. However, due to poor ticket sales (likely a result of competing with the Rolling Stones in Moncton), the Irish Tenors, Australian Tribute to Queen and the Concert for the Cure were all cancelled. Two other events, the New Brunswick Auto Dealers and Fundy Food Festival were also cancelled. Unfortunately, eight of our twelve concerts lost money due to poor ticket sales. Because of the number of cancellations, poor attendance and increased expenses, i.e., hydro, water and start-up costs associated with the Sea Dogs, there was a budget shortfall of $101,000. Harbour Station continues to have one of the most successful operating deficits for a building of its size. Deficits for other Maritime arenas run upwards of $1 million. Mile One Stadium in Newfoundland (a similar building to Harbour Station) had a deficit over $1.7 million last year. Our facility's deficit has averaged less than $300,000 per year since opening. We are pleased to inform you that after three months into 2006 the facility is $24,000 better than budget due to a sold -out Hilary Duff show and The Motley Crue, Rob Thomas and Canadian Idol shows. With the Canadian Country Music Awards taking place at Harbour Station in September, the number of tentative concerts that are booked, and the strong showing from the Saint John Sea Dogs, we fully expect to meet or exceed budget for 2006. We are now entering our tenth year with CUPE and labour harmony prevails as no grievances or work stoppages have occurred. Staff is continuing to find new profit centres and has had discussions with consultants, industry representatives and business interests regarding naming rights for the facility. Based on these discussions, there does not appear to be any immediate prospect for a naming rights arrangement. Hourly ice rental and monthly parking fees will see small increases in September. Harbour Station with its new partner the Saint John Sea Dogs, strong sponsorship and community support (over four - million patrons in attendance to date) is extremely positive as we enter into our 13'h year of operation. We certainly appreciate the ongoing support from you, and the Saint John Regional Facilities Commission. Sincerely, 7R STATION COMMISSION Peter Klohn Chairman The Entertainment Centre of Atlantic Canada M & C — 2006 -124 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Construction of New Water Pipeline Amendment to Easement Acquisition - Dexter Construction BACKGROUND: Preliminary investigation work conducted by an engineering consultant indicated there were three (3) properties that contain a portion of these existing pipe lines where no legal agreement exists that would grant the City access to the property to maintain and/or replace these water lines. As a result of this information, Real Estate Services proceeded with securing the three easements to allow the project to proceed as planned. At its April 10, 2006 meeting, Common Council adopted a resolution as recommended by staff to acquire an easement for municipal services from Dexter Construction containing 1,812 square metres. The purchase price for this easement was $5.00 per square metre, resulting in a total purchase price of $9,060.00. Since the Council resolution of April 10th, the City's Legal Department has concluded there is in fact an easement over the subject property that was acquired in 1898. However, this easement is over the southern 30 foot portion of the suggested 65 foot easement. City Engineering has recalculated the remaining portion of land necessary for the 65 -foot wide easement, resulting in approximately 1,100 square metres ± still being required. Report to Common Council May 19, 2006 ANALYSIS: Page 2 Real Estate Services had successfully concluded negotiations with the property owner expecting to receive $9,060.00 from the City for the easement. Original negotiations with Dexter Construction were protracted due to the grantor's indecision whether to grant the requested easement under the terms as proposed by the City. Given the miscalculation of the area required for the required easement, it would be appropriate to offer Dexter Construction the same amount of compensation that had been originally agreed upon. The purpose of this report is to amend the previous resolution adopted by Council regarding the purchase price for securing the necessary interest in the above noted parcel of land. RECOMMENDATION: That Common Council amends its resolution contained in M &C 2005 -85 by deleting "That The City of Saint John acquire an easement for municipal services /municipal services easement in a 1,812 square metre ± portion of PID Number 408831 from Dexter Construction Company Limited for $5.00 per square metre plus HST if applicable, as generally shown on the submitted sketch." and replaced with "That The City of Saint John acquire an easement for municipal services /municipal services easement in an 1,100 square metre ± portion of PID Number 408831 adjacent to and north or the existing 30 foot wide easement, as generally shown on the submitted sketch, from Dexter Construction Company Limited for $9,060.00, plus H.S.T. if applicable." Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c Report to Common Council May 19, 2006 Page 3 Description of Plan: Acquisition of a Municipal Services Easement for Pipeline Road West. N PID: 409831 Address: Gault Road /Cullinan Avenue ti I Pan: NIA Dane: April 6, 2006 j. Lo}Amenk LI J C_ Description of Plan: Acquisition of a Municipal Services Easement for Pipeline Road West. N PID: 409831 Address: Gault Road /Cullinan Avenue ti I Pan: NIA Dane: April 6, 2006 j. Report to Common Council May 19, 2006 REQUESTED PROPERTY FOR CEMENT (11C)orn a Page 4 kl P.i.D, i 00 415687 EXISTING CITY OE 'ISAINT JOH P PELINE ROAD YVL5T R.01i pa P10- 00408831 DEXTER CON TRIJCTION COMPANY Ltd. REOUE TED PROPERTY FOR EASEMENT EYI TIINC 75000 CPP W.M. )0 431569 ( % F I.D. �50[13��6 'I 'I. A Ir L 2000 W?4 PR, 60oo EXISTING 50C)o CI 4V.M, -?,L D, 00403709- ! ..3 JL It T -•1 CULLIN.AN AVENUE I 5 I i i k 'I �1 I � YII 11� I MMICIP& OPUtATIONS PARCEL PIPELINE ROAD WEST ENGINEUtING STATION 0 +450 T4 0 +575 I PROPERTY ACQUISITION 1!,1 p, I bAft Ski. 8 �S 3 3 f&MSE0 K RE9UVgM 'l Rte REMSED REp CTY iNAB� LC 06/09/ 21 I(1r,G le a[ni�a 5 %f1 e i f i dr9 111ti I.D. �50[13��6 'I 'I. A Ir L 2000 W?4 PR, 60oo EXISTING 50C)o CI 4V.M, -?,L D, 00403709- ! ..3 JL It T -•1 CULLIN.AN AVENUE I 5 I i i k 'I �1 I � YII 11� I MMICIP& OPUtATIONS PARCEL PIPELINE ROAD WEST ENGINEUtING STATION 0 +450 T4 0 +575 I PROPERTY ACQUISITION 1!,1 p, I bAft Ski. 8 �S 3 3 f&MSE0 K RE9UVgM 'l Rte REMSED REp CTY iNAB� LC 06/09/ 21 I(1r,G le a[ni�a 5 %f1 e i f i dr9 111ti M & C 2006 — 136 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assent of Public Utility Easement 271 Karen Street ANALYSIS: The City has received an application involving the further subdividing of a large unserviced residential property at the end of Karen Street in the Greenwood Subdivision (see attachments). This proposal would create a new building lot (Lot 06 -2) for the construction of a new residence. A home with on -site services is already present on the remainder (Lot 06 -1). This application can satisfy all applicable requirements of the Zoning and Subdivision By -laws. However, in order to protect a utility pole line that services the existing dwelling on the property (Lot 06 -1) a public utility easement needs to be vested. Normally public utility easements are considered as part of larger subdivision applications initially considered by the Planning Advisory Committee. The Community Planning Act does not, however, require a recommendation from the Committee in order to assent to public easements. Given the nature of this application Committee involvement was not necessary. Approval of any necessary public utility easements regarding this subdivision application is recommended. RECOMMENDATION: That Common Council assent to the attached photo- reduced Martin Soucy Subdivision with respect to any necessary public utility easements. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development Report to Common Council May ! %2 0 UM-12 INIIMAN12 I3XJ ■ON &o■R1 kWITY-12 RI MAGOW ■0 r =10 m219 R,., RR _- . Subject mU+em ge«i- � Location: 271, rue Karen S \ Date: Mayfmal 17, 2006 \\ �\ \ � \ ` .R v..G /4#!! 0042'9449 _ Page 2 Report to Common Council May 19, 2006 riz nil C4 a 9"C! x r'n 4r Page 3 } # M i M & C — 2006 -140 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Services Easement 85 McIlveen Drive, McAllister Industrial Park ANALYSIS: The attached subdivision plan has been submitted to the_ Development Officer by _ _ - - comment [ M01]: Please remember the N.B. Department of Supply and Services proposing to create Lot 06 -1 with an to Print this drhead. t on comet °° eP pp Y � p P g Council Letterhead. area of 1.02 hectares (2' /z acres) and a frontage of approximately 55 metres (180 feet) on McIlveen Drive in the McAllister Industrial Park. The proposed lot will be transferred from the Province to Saint John Industrial Parks Ltd. for subsequent sale and development. The lot conforms to the minimum width and area requirements for the "I -4" Heavy Industrial Park zone. However, there is an existing municipal sanitary sewer along the front of the property that is not currently protected by an easement. A 7 -metre (23 -foot) easement does currently exist across the front of the adjacent Lot 98 -1, owned by Wirsbo of Canada Ltd. It would be appropriate for Common Council to authorize the acceptance of a similar easement across the front of proposed Lot 06 -1 at this time, as illustrated on the submitted plan. RECOMMENDATION: That Common Council acquire the required easement and assent to the submitted McAllister Industrial Park Subdivision, Lot 06 -1, at 85 McIlveen Drive (portions of PID 370429 and 336198) with respect to any required municipal services easements and public utility easements. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development .o � x � \ \ � � � y \� \ \\ - � �\° j _ ... ._ kL .o M &C- 2006 -138 May 18, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates 308 Lowell Street and 172 Tower Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Joyce Dunlop 308 Lowell St. "R -2" "RM -1 " To recognize an existing six -unit dwelling as a permitted use Deborah Zwicker 172 Tower St. "R -2" "B -1" To convert a dwelling into a commercial aesthetic day spa Report to Common Council May 18, 2006 RECOMMENDATION: Page 2 That Common Council schedule the Public Hearings for the rezoning applications of Joyce Dunlop (308 Lowell Street) and Deborah Zwicker (172 Tower Street) for Monday, June 19, 2006 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager M &C -137 May 18, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment 120 McDonald Street (Loch Lomond Mall) BACKGROUND: On May 8, 2006 Common Council scheduled the public hearing for Monday, June 5, 2006 to consider the above -noted application of Crombie Developments Ltd. ANALYSIS: The applicant has submitted the attached letter requesting that consideration of its application be postponed until further notice. The applicant has indicated in discussions with staff that it is currently reassessing its plans, which may result in a modification or withdrawal of the present proposal. Given the applicant's request it would be appropriate to cancel the scheduled public hearing at this time. A further report to Council, recommending a new hearing date, will be prepared once the applicant advises staff of its wishes. RECOMMENDATION: That Common Council cancel the June 5, 2006 public hearing concerning the application of Crombie Developments Ltd., for a Section 39 amendment at 120 McDonald Street (Loch Lomond Mall). Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development RGP /r Terrence Totten, C.A. City Manager Report to Common Council May 19, 2006 Page 2 r sraaos 12 5e FIX 902 752 61a6 C:001130 F89Gertzes l 9Ou1/0 1 1 s A� I T f? w Mr. Pollock: RE; Proposed Section 3? Amendmun1 121) Mull)onald Etr+e& (Loch Lomonid Raa,d) AS per uur nor.versation loda�, please put 4his application on hold until further nr titM. YUU16 truly, tulanagor, Real Estate PlonnIng ,iM 115 Kr4sven. - Sbca-bn. N9 tS eft ON ISO . Phtem "15 755.6100 , fv4ml 7x2-5139 wwvQMtMrt'j �d 15 May 2000 RNr, R�II�y N�Ir:fi'� � Planning end eevsloprnr nt The Giky of Saint John PIS Box $971 0 F iSi .Saint John, N13 F 2 4Li f? w Mr. Pollock: RE; Proposed Section 3? Amendmun1 121) Mull)onald Etr+e& (Loch Lomonid Raa,d) AS per uur nor.versation loda�, please put 4his application on hold until further nr titM. YUU16 truly, tulanagor, Real Estate PlonnIng ,iM 115 Kr4sven. - Sbca-bn. N9 tS eft ON ISO . Phtem "15 755.6100 , fv4ml 7x2-5139 wwvQMtMrt'j �d May 19, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Dear Mayor and Members of Common Council: Re: Vacancy on the SJIPL Board of Directors As Council may be aware, Mr. Claude MacKinnon has recently been nominated President of the Saint John Industrial Parks Ltd. Mr. MacKinnon's term of service with the SJIPL recently expired, essentially making the appointment to the Presidency contingent on receiving support from Common Council and subsequently the Nominating Committee to extend his term of service. The General Manager of the SJIPL, at it's meeting of May 101h2006 was requested to bring this request of Council and the Nominating Committee forward for consideration. The Board of Directors of the SJIPL are eager to continue to operate effectively in this operating year. It is the request of the General Manager and the Board of the SJIPL that Mr. MacKinnon's term be extended for an additional 3 years or a term deemed reasonable by the Nominating Committee. Respectfully Submitted, Brian Irving, General Manager, Saint John Industrial Parks Ltd. M &C— 2006-141 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Red Head Road Secondary Access - Voluntary Settlements As outlined in other reports, the expropriation process is proposed to proceed for the remaining properties. The purpose of this report is to outline the continuing efforts to reach voluntary settlements with all property owners. From the beginning, the use of the expropriation process has been occurring in parallel with a negotiation process aimed at reaching a mutually agreed to settlement. This process will continue until the end of May. If any of our negotiations are successful, there will be further reports recommending specific settlements on Council's June 5, 2006 meeting. It is worth pointing out that in the expropriation process, the required compensation is based on a professionally prepared appraisal which is delivered with the compensation at the time that the expropriation is finalized and ownerships transfer immediately. In this case the City, with the approval of Irving Oil, is prepared to offer amounts significantly greater than normal appraised values in a final effort to reach negotiated settlements. Obviously if these negotiations fail, the expropriation process and normal compensation process proceeds. This process while taking a few more weeks and is designed to treat all owners equitably but also permit the project to proceed with the least amount of protracted conflict. This information is provided for Council's information. RECOMMENDATION: Receive and file. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, C.A. Commissioner City Manager Planning and Development ��j to f' OY r � ,� • � /� , � ,� � i � i � , ,, , � � i i i r � � � i i i r /' i � � � w f / / ,_� s � , � r � i� ., ' i ' r/ l / /fin--!/ � � r / / / / i �� /, � / / ` ��, � � ,. A � i � / Jam, (v : , 16/` 7/00 /37 1 /l 6/ d4llec��A�) f f/ W� J la oe i LEARNINGTODAY TEACHING TOMORROW TEACIIIA _M.. W A ,A ■T.T1��>�Z +_ �Il�+��l \tea ■�� w �.�. — ___ _ __ — __ i ■ • ■ � CLA Ct��j o f NO e lro� . ln(,, CU PREM /ER.. ww,p� nce `j ( www.premier.ca bVL.Ir C!._. P�lv O'T S1�C rncxw C 5 or �.nCsC-"Z , I o a y d N Q G= O p o� 0 o d'��i • F ?Oy u �' C Y °v .,. 3 O O N r r N SR% D ✓ M v? � Np .Qp 9 V' N Y S 9 N ma M:r 3°^ N O d 4 R O1 = Q 9 N N�ua QA O a m d G N ✓� �o `C v O iO O'p 0 0& a y 4 S d ro A o L a - a v (10 O N V .c-O N N yT 140:; u� `, r O � f.. W 0 9 Oui W Tq 4 d 6 L I _ G G O 9 3 N N a 3 t 6 N et 04 A C 0 O C `1 d 3 O N i N V b a O � d � Q 6 N w � � C a y •a Y a� R O a 3 oa ava p�z�OZd pXVA&V aaxtt3 a�i3 0 w d CIO O ro 3 N N N ti ro m 7 V 7 ra 3 R b C O= G N Y',V O N roTj O R d 5 d M d G C'jj 7 a Y� d J QO M t panl °nTTT auT 0 � N O � G N T O A r .W A N b cn rn � a p 'CS ✓ �-' ar � .L '� b b .N- a, °N' •a w o o � � p-Na o� C-y G n3 V .G. � N � � •Y i lz E o w E70 c Na 5anc 4qo P 6 O 0I > a. +`�+ �` u G W 0 W •L $ o c ea••_ W r c apes a5n� ;0 luaw ° c m > O4N.- � Na i v ap w a c o > o: ° o o (U W Y a ;K :a N p ' � �1 3 do d c ro C9 o c : v° o 0 o a Or . N 'NO '�• N N Y �+ W N N i6 T 'r N G V1 3 p ,Z N 'o •Z ' A Of G V op In 0) o� E ° ~E4Ex O ° =� oa oaoE ym, R G V O M C > W Y 9 G f° N ✓ a L" L Y •d nr ° d %� Kf 'YO -cc R�3fe a s n d C e4 o. 0-0 IV; t o suOt }JaC✓ IPXWAV .- m LR G Edv °-G9maciu°Ec C T r 7 Y r E rnA° ov d L�sEe�ic��3o 1s'OU a v A v w b O A O✓ ro p O y ry O 2, c o@ u o 0 ''. x 21.) C r O gala TTT ..•$iTTl1 . a,ql W :7 d s � A � h Q @ U s A u N� fd r}til `ONAI i W � 2 U NVN 0 .ti Me F O p 0> 69 U 9 O tb � U N � A 'O U o ��.• o T G O U >to o � � U ti ao 0 '6 c 3 a -o U 0 co 0 'O 3 0 L Y s- 3. � Cq A •� O L7 N tU.¢ V •y •� N C4 V C W ❑ r. �.�a. s I � � � 0 0cb•g d �� m mx•= �° � a y o °• vi ro v = x 3 U p 7 T•O k o v _ U O O' v N > � N U U L C N C � U - U R A v N /•J wl N 9 W 11y R C R U � ") C V C U O o U R :7 d s � A � h Q @ U s A u N� fd r}til `ONAI i W � 2 U NVN 0 .ti Me F O p 0> 69 U 9 O tb � U N � A 'O U o ��.• o T G O U >to o � � U ti ao 0 '6 c 3 a -o U 0 co 0 'O 3 0 L Y s- 3. � Cq A •� O L7 N tU.¢ V •y •� N C4 V C W ❑ r. �.�a. s I � � � 0 0cb•g d �� m mx•= �° � a y o °• vi ro v = x 3 U p 7 T•O k o v y- + cd bC O �9 rl W �W++ yG W U C d W n i L � � � U G J C J E F OO O ,� N R m U T C V 6 N .Qj Q N U U U J � N C � y 4 � J N > U y U N d b 0 w � a ° m t � T � O U � o Pao • a U rrJ c � �1 U Q O'J r v i V 'O ❑ 7 N N � W ❑ v � °Nc T�q V N y N ® V 4itu � O D _ N IW ~ y R b 0 0 0 7 Q s❑, y iG' 6 m 0O W `W ° 0 0 R m �� •N �a 0 in N U m m 4 N v W 0 U � a. 0 -� O V ❑ U O � U 7 � O V ❑ > U i 4 ❑ O G O �, rk m ❑ O O .�'. U U O m N m t V N 4 v y R ❑• U � n m 9 � O , �. �✓ O O O O U i (-� � O M � �r ❑ O O '6 V r aJ y Q Financial The Cit, General December CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and Operating Fund Statement of Equity Capital and Loan Fund Balance Sheet Capital and Loan Fund Statement Statement of Source and Notes to Financial S Operating Fund S Operating Fund S Page 4 5 6 7 8 9 -19 20 -21 22 -27 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John General Fund as at Dece er 31, 2005 and the related statements of revenue and expenses, equity and s d application of capital financing for the year then ended. These fina statements have been prepared to comply with Section 8 of the Control alities Act of New Brunswick. These financial statements are t spon of the City's management. Our responsibility is to expr opinion ese financial statements based on our audit. We conducted our audit in accordance with e rally accepTed auditing standards. Those standards require that we plan perform an audit to obtain reasonable assurance whether t ancial state s are free of material misstatement. An audit includes e on a test evidence supporting the amounts and disclosures in the anc ments. An audit also includes assessing the accountin principles e n cant estimates made by management, as well ting the o all finan statement presentation. As described n 4, T City of John Pension Plan (the "Plan ") completed an actuaria f D ember 31, 2003. The City of Saint John Gen as r ed to ly fund the reported solvency deficiency M 200 the am f $ NO (2004 - $6,050,269). This total obligation of $ 3,069 to co 004 005 was not paid to the Plan and the City has not rec the solve obli ion to the Plan. However the City has accrued an amoun 2005 to nd the 2004 and 2005 going concern deficiency of $6,976,073, ich $ 00,000 was amortized to income during 2005, with no restatement to Failure to record the required full solvency funding contribution as a h ty is not in accordance with generally accepted accounting principles. Had e full solvency funding obligation been recorded liabilities would have increased by $5,246,996 (2004 - $6,050,289), deficit and excess of expenses over revenue for the year would have increased by $5,246,996 (2004 - $6,050,269). In our opinion, except for the effect of the City not recording the liability referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the City of Saint John General Fund as at December 31, 2005 and the results of its operations and the source and 1 application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of the City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, March 30, 2006. 2 The City of Saint John General Fund OPERATING FUND BALANCE SHEET As at December 31 aint Jo ng *ssion 2,770,292 2005 2004 Page 12,259 rbour Statio mmlension n $ 22,021 ASSETS 146,019 243,035 Due ater and age Operating Fund Cash and short term deposits ` % ";. 9,472 12,440,083 296,966 Accounts receivable 3,60.2-.f.0.57 3,929,922 607,404 Due from associated entities 502,935 415,817 Water and Sewerage Utility - Capital 491,722 490,918 and Loan Fund 9,027,438 <.::;,:•:. 9612,818 (755,929) Inventory of materials and supplies, at th 30,744,284 21,342,602 lower of cost and replacement cost 786,302 943,004 14 Deferred expense- Pension [nQLe 4] 5,776,073 - -- 17 Prepaid expenses note 5 1,592,942 2,416,775 lk 44,284 21,342,602 LIABILITIES AND EQUITY Cheques in c' a •`._,:. 1,003,263 426,674 15 Accounts e and ' ' ued charge note 4] 15,060,594 5,458,167 11 Other payable to 2J 5,206,903 4,842,322 Interest payable 631,708 721,915 aint Jo ng *ssion 2,770,292 2,997,939 Power Co n of 10mony of Saint John 12,259 12,259 rbour Statio mmlension n 22,021 22,021 City of Sain hn Fund 146,019 243,035 Due ater and age Operating Fund 4,780,081 2,342,288 6 Due to al C tal and Loan Fund 296,966 3,466,906 Deferred r 575,450 607,404 Computer r cement fund 502,935 415,817 Fleet replac ent fund 491,722 490,918 31,500,213 22,047,665 5 Equity (deficit) (755,929) (705,063) 30,744,284 21,342,602 See accompanying notes Approved by: Mayor Chair of Finance Committee 3 The City of Saint John General Fund OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Revenue Property taxes 69,057,248 Unconditional grant Province of New Brunswick 20 Sale of goods and services 21 Other revenue from own sources 21 Conditional P-randillOkkother 5 Excess of Budget :> Actual Actual 2005 << ..2005 2004 75,8 - ° 75,827,462 75,396 5,396 17,208,171 60 914,131 869,112 3,867,725 IF 3,663,968 360,000 543,221 393,282 X8,500 711,482 766,574 sejjjjg&yious - -- - -- 104,443 99.293.018 99.839.417 92.062.798 22 1 governme ervices 9,013,994 9,362,774 8,186,525 23 Prot services 37,160,265 37,286,917 35,447,535 24 Transp on se ces 20,255,237 19,625,800 18,133,814 Environm lth services 3,304,777 3,409,851 3,094,902 25 Environment development services 8,485,575 8,085,195 7,352,014 26 Recreationa and cultural services 6,622,450 6,938,879 6,507,012 27 Fiscal services 14,435,651 15,180,867 14,030,987 5 Excess of expenses over revenue - second previous year 15,069 15,069 - -- 99,293,018 99,905,352 92,752,789 5 Excess of expenses over revenue for the year - -- (65,935) (689,991) See accompanying notes 2 The City of Saint John General Fund OPERATING FUND STATEMENT OF EQUITY Year ended December 31 2004 Equity (deficit), beginning of year (705,0 89,371 Add: 4 Excess of expenses over revenue for the ' ` (65,935) (689,991 770,998) (600,620) Add (deduct): NEML 4 Excess of expenses over reve (revenue over expenses) -sec s year ,069 (104,443 3 Equity (deficit), end of year 755,929) (705,063 See accompanying 5 The City of Saint John General Fund CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2004 ASSETS 31 51,634,100 Due from associated entities 12 Ot::lpng -term d note 3] 15 Saint John Transit Commission 1,183,725 1,021,914 Saint John Non - Profit Housing 28,226 47,259 Water &Sewerage Utility — Capital Fund 662 662 Water and Sewerage Utili rating Fund 41,325 41,325 441,420 ,938 1,111,160 3 Due from General Operating Fund ;,, 296,966 3,466,906 Investments in aces of wholly owned ' company 321,694,709 Saint John ustrial Parks Ltd., at cost 994 994 13 Land, bui lant ail d' equipment acid - 358,020,473 engineering st e, Tres /dote >3J 372,229,889 353,441,413 373,781,787 358,020,473 1 ` ``�'lbenture debt 31 51,634,100 52,610,100 12 Ot::lpng -term d note 3] Ca Mortgag nd Housing Corporation 11,388 82,378 Muni Dev ment and Loan Board 170 391 Saint Jo ng Commission 441,420 - -- 52,087,078 52,692,869 7 Equity 321,694,709 305,327,604 373,781,787 358,020,473 See accompanying notes Approved by: Mayor Chair of Finance Committee 2 The City of Saint John General Fund CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 2005 2004 Page $ $ Equity, beginning of near 305,327, 289,553,982 Contributions nstruction r Provinci vernm 2,981,082 1,223,950 Other 8,993 2,215,331 or 2,990,075 3,439,281 oceeds o ales cess of estimated cost 264,428 159,901 pital project nce Operating Fund 1,337,646 694,461 assets pure d by Operating Fund 3,554,187 2,364,795 6 EM' end of veAR 321,694,709 305,327,604 See 7 The City of Saint John General Fund STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2005 2004 Source Debenture issue Amom 7,100,000 11,810,000 Contributions in aid of construction NIRM Provincial Government 2,981,082 1,223,950 Other 8,993 2,215,331 Fixed assets purchased by the Operatin 4,187 2,364,795 Capital projects financed by the Operatin un 5337,646 694,461 Proceeds on land sales in excess of estimat c 264,428 159,901 Debt repaid by the Op d 8,220,769 9,115,184 Loan from Parking .ssi 514,978 - -- Decrease in amou om th eratin Fu 3,169,939 - -- 27,152,022 27,583,622 See accompanying notes The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Financial statement presentation The General Fund financial statements of The City been prepared in accordance with the fund bas' Fund reflects the City's working capital and r and Loan Fund reflects its investment in d as debt. Fixed assets and depreciation Fixed assets are initially recorde assistance programs, cost sharing ' additions to equity in capital assets, ex Urban Renewal Pro these ca asset cost. The City does not annual de assets. e City the t vear frc Accrual The City aemei is or loan cpt where -tbe (the "City") have The Operating %nd the Capital lone -term ved through capital - giveness are treated as was acquired under the J are netted against the Wign on .A fixed assets, but an amount equal to rations and credited to equity in capital operations all capital projects that are financed in method of accounting for revenue and expenses. 7 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 1. ACCOUNTING POLICIES (continued) Accounting for second previous year's operating results Section 89 of the Municipalities Act of New Brunswick requires that the excess of revenue over expenses for a fiscal year be included in r venue in the second ensuing year and that similarly, the excess of expenses venue for a fiscal year be included in expenses in the second ensuing year Accounting estimates The preparation of financial statements iridFonf accounting principles requires managen rr that affect the reported amounts of assets an statements and the reported amounts of rev reporting periods. Actual results ckWd differ from Financial instruments X%bbb,� The carrying values approximate fair es be ININO terms. The City' nts credit risk because t 4 normal cr A not MAW exposure with the date ohe financial and expenses during the estimates. s finan ' inistrulyrris other than long -term debt of the' short-term maturity and normal credit vable do present significant concentration of e owe y a large number of ratepayers on e is arranged with the Province of New )le, the fair values of long -term debt, affected by of been determined. At year -end the City did derivative instruments. 10 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 2. OTHER PAYABLES 2005 2004 Heart and lung liability 1,047,755 1,052,236 Vacation pay 1,:84-0-.320 1,723,858 Retirement allowance ::;x;318,828 2,066,228 x:::206.903 4.842.322 The City pays certain amounts to disabled fire of the provisions of an Act of the Legislatu An actuarial review of this plan was c extrapolated to December 31, 2004. The benefits at December 31, 2004 is $1,569,000 $516,783 at December 31, 2004. is reviei does not include possible future cla This funding deficiency has not been the City is making payme commencing in 20 The City has All employee option e those employee and their_ uses as a result as the Hear;*10 ung Act. t December and tuarial prvalue of in a funding deficiency of avers current claimants and Incial statements however per year for five years t from the City of Saint John are entitled to a 1 to onth's pay, to a maximum of six months, for T program has been amended to provide certain pption prior to retirement. Accepting the early payout accumulation of retirement allowance entitlement for 11 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 3. DEBENTURE AND OTHER LONG -TERM DEBT Debenture and other long -term debt consist of the following: Year of Interest Term 2005 2004 Issue rate Years Balance Balance 1995 6.250 to 7.875 10 - -- 703,700 1996 3.625 to 6.625 10 ' `:::;:::±x,80,200 960,400 1997 4.125 to 6.000 10 x l... 000 2,442,000 1998 5.250 to 5.625 10 2,1 2,918,000 1999 5.200 to 5.750 10......: 3,468, 4,337,000 2000 6.100 to 6.400 1:; 3,320,00 ,984,000 2001 2.450 to 5.500 1 0 s:::;. 3,030,000 3,535,000 2002 3.375 to 5.750 10 " 5,572,000 6,368,000 2003 3.050 to 5.000 10 9,072,000 10,206,000 2003 2.750 to 5.1 10 4,752,000 5,346,000 2004 2.750 to 4. 800''::;:;' «<<0 3,000 11,810,000 2005 3.750 to 4.375 ,100,000 - -- Debenture Debt 51,634,100 52,610,100 1980 9 - -- 16,338 1982 50 NL5 11,388 46,387 1980 - -- 19,653 Canada Mortgage and i ation 11,388 82,378 1966 jj9ftg .38 40 170 391 Munici evelop N. ,. :and - ...Board 170 391 2005 7 441,420 - -- Saint JoW,:Varking Commission 441,420 - -- ...... 52,087,078 52,692,869 12 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 3. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments required in each of the next five years is as follows: 2006 ;;;7,850, 01 2007 `' << x,:371,058 2008 6 x;.,100 2009 AM 5,8 1';. 0 2010 4,953,0 Fixed assets include $4,797,467 (2004 - $69 for which financing has not been arranged at year end. %hl IL 4. PENSION PLAN A. OVERVIEW The City prov' n benefi t to employees in accordance with the provisions of evised y of Saint hn Pension Act as enacted on May 12, 1994 and last am d o ril 28, 20 he plan is administered by a Board of Trust e rese cil, management, unionized employees and ees. or to a , 1994 the plan was governed by The City o int John A 7 . The plan is subject to the provisions of the runswick P n Be is Act which became effective January 1, 1992. The pla define enefit plan which provides for pensions based on length of service rate pay. Both the municipality and the employees make contributions plan. The City's contribution limits are fixed by legislation at a minimum ount of 7% of employee earnings. The City is currently contributing at a rate of 8.1% of salary. The City charges all of its contributions to expense in the year the contribution is made. The amount contributed for employees, other than those funded by the Water and Sewerage Utility, for 2005 was $3,303,264 (2004 - $3,331,563). 13 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 4. PENSION PLAN (continued) B. ACTUARIAL INFORMATION The 2003 actuarial valuation indicated the present value of accumulated plan benefits was $300,780,300 and the adjusted market value of net assets available to provide benefits was $257,233,100 with a estimated unfunded liability of $43,547,200 on a going concern basis. A ember 31, 2003, the liabilities on a solvency basis were greater t he solvency assets by $88,852,300. The 2003 valuation has been updated by extrapolation to ber 31, 2005 and the results indicate that the accumulated plan benefits e eed the adjusted market value of assets available ,�o provide benefits ting in a deficiency of $18,404,360 on a going cone er n;l.asis. This valuation relates to the e plan whic ludes employees funded through both the General Fund Water an rage Utility. Current costs and special funding paymen are d to h fund on the basis of a percentage of payroll C. DUE TO TAE PENN The New Brunswi ct requires that a solvency deficiency be fu eri ;nl5pyears, unless an exemption is requested to fund ov a period mor or the period to December 31, 2018, ver is sho This tion as not been r equested by the City of Sam' Assuming xemp n is obtained, the maximum funding period is 15 years from Decem 003. The minimum funding payment to fund the solvency deficiency over years is 15.3% of payroll. The estimated annual solvency funding payment required for 2005 is $7,202,000 (2004 - $7,059,000). Of this amount the cost attribute to employees funded by the General Fund is $6,172,800 (2004 - $6,050,269). These required funding amounts have not been paid or recorded in the financial statements. 14 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 4. PENSION PLAN C. DUE TO THE PENSION PLAN (continued) The Superintendent of Pensions for the Province of New Brunswick has issued an order requiring the City to pay all special funding payments required to fund the going concern liability plus interest at 80Y(o d2be,, January 1, 2004 to December 31, 2005 which the plan estimates to 159 and also to make required 2006 special monthly payments tota 845,000. The General Fund's share of the funding rE years 2004 and 2005 is $6,976,073. Th deferred expense. The City has applie (and amounts due in 2006) over commencing in 2005. Accordingly $1,200, nt has b approval to amoi �.od riot to exci a0 of the deferred this order for the lea as a ,expense -n years has been reated by an Act of the -ovisions of the Act, the to a public transit system ;s and debt charges being for the debentures issued 31, 2005 amounted to ]mission, Inc. .opment Commission, Inc. was incorporated. The Articles of Incorporation provide a funding formula for costs to be shared by the participating municipalities. The participating municipalities are the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield, and the City of Saint John. 15 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 5. COMMITMENTS (continued) Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission was created by an Act of the Legislative Assembly of New Brunswick. U der the provisions of the Act, the Commission has the authority to determine al amount of the total municipal contribution to be made towards the ration of five regional facilities: the Canada Games Aquatic Centre, Ha r ion, the Saint John Trade and Convention Center, the Imperial T a and Saint John Arts Centre. Under the provisions of the Act, the ' s ntribution prorata share of the Commissions' operating budget bas on the ,�ax bases of a 'cipating municipalities. The participating munici are the Town of Q sis, the Town of Rothesay, the Town of Grand Bay - Westfield, an'd the City o Saint John. Market Square Central Building ' <omp ex - Lease A , �e 'iients The Central Building Complex of the Market Square <'Project was opened to the public in May, 198 .... complex includes the: library, trade and convention centre, parking gaAALwe and retail and commercial space. Under the terms of three, sixty -six year le se , City.' of Saint Jolin is responsible for the proportionate share of the complex's coniman area operating expenses, including property taxes, related to tra d conveintio» centre and parking garage. mitmen During 199We City e `"�cised a renewal clause in its operating lease of the City Hall building, ch e nds the lease by ten years. The City pays the fixed amount of $52 r annum plus the proportionate share of the building's property taxes an operational costs which are estimated to be in excess of $1,000,000. 5. COMMITMENTS (continued) 16 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 Collective Agreements There are provisions within a number of Collective Agreements between the City and bargaining units representing its employees that commit the City to the future expenditure of funds. The Agreement with CUPE Loca 18, representing the City's outside workers, commits the City to employ a of 293 employees at an approximate annual expenditure of $11,000,000. . Agreement expires on December 31, 2006. The Agreement with CUP oc 6, representing the City's inside workers, has a no -lay -off provisio r ted t employees hired prior to August 9, 1985 resulting in an ro ate ann xpenditure of $2,000,000. This Agreement expires on D ber 3 2007. In addition, the Collective Agreement betwe aNt John Bof'rd of Police Commissioners and CUPE Local 61, represen the City's Police Officers, contains a no -lay -off provision resulting in an appr to annual expenditure of $8,800,000. This Agreement expireon Jul. 31, 2007. Early RetirementNolu tart' Separation;.. og In October of 2 the Ci ffered an Early RetirementNoluntary Separation Program to its e p s in effort to redo e future personnel costs. In total 41 applications were app ;this program with employees' termination date being Ja 003. e program resulted in the City making one -time payme to depa pl totaling approximately $3,800,000. The City has rec ' proval fro e Pr e of New Brunswick to amortize the one -time costs as ' ted with t rog in over a four -year period commencing in 2003. This amou s been ferred and recorded in prepaid expenses and will be amortized as s: 2003 750,000 2004 1,000,000 2005 1,000,000 2006 1,050,000 5. COMMITMENTS (continued) 17 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 University Funding In June of 2005 the City approved a grant of $2,000,000 to the University of New Brunswick, Saint John campus. This funding to the University's campaign "Forging Our Futures" will be paid in cash and/or in kind ovQr a period of 10 years commencing 2006. 6. CONTINGENCIES The City of Saint John is liable for the deb res a other long- debt issued on behalf of its self - supporting entities: eater a Sewerage y and the Power Commission of the City of Saint John.'" a f such de outstanding at December 31, 2005 was $42,106,614 (2004 - 5,710). In accordance with the Clean Envircrt i� bf'Act, the City o liable for a pro -rata share of the debentures and other lonb -term debt issue: on behalf of the Fundy Solid Waste Commission. The portion attributable to ,the City is determined on the basis of its percentagAPPIM population within all,participating municipalities and unincorporated arAK The 1 of such debt outstanding at December 31, 2005 was $16,539,00 - $ 589,019). Based on 2003 population figures, the City is liable for appro o;fthe Commission's debt. 7. AL BORROWINGS Section 89 e Munic lities Act of the Province of New Brunswick restricts a municipality's owin for operating purposes to less than four percent of the operating budge municipality, and to less than two per cent of the assessed value of real prope in the municipality for capital purposes. Borrowings by the General Operating Fund and the General Capital and Loan Fund are within these legislative restrictions. 8. INTER -FUND ACCOUNTS The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2005 All inter -fund accounts at December 31, 2005 represent current transactions and are in compliance with the policy established by the Department of Local Government. 9. TRANSACTIONS WITH THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY (the "Utility ") The (20 $1,: The pro Inte mo 40,863 2004- (2004 for the on a 19 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (1 of 2) Year ended December 31 ctual Actual 2004 Page ff $ � $ $ Sale of Goods and Services Protective services Point Lepreau 440,000 40,000 Garbage collection and disposa 50 3,042 Recreational and cultural 732,081 686, 070 Administrative service Pension Fund 120,0 100,000 100,000 Housing O tion 42,0 42,000 40,000 4 937,660 914,131 869,112 20 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (2 of 2) Year ended December 31 Budg6 "': ..:.."'Actual Actual 2005:' >~OS 2004 ( audited) Pate $ 1 5> $ $ Other Revenue from Own Sources Licenses and permits %.5;6,000 615,474 569,128 Business and other 76,00 86,119 84,702 Building 475,000 9,529 438,863 Plumbing 000 71,000 69,060 Gas pipeline 1,968,500 24,982 28,037 Admhhb 617.00 901,630 620,662 Fines and p g Parkin gAffift ffic vi tions %.5;6,000 615,474 569,128 Motor vehicmkatiAhm, 15,000 - -- 99,732 Pa eters 724,500 620,134 605,163 e Pa Gara e 673,000 672,242 631,546 1,968,500 1,907,850 1,905,569 "M et WM ® 414,000 424,282 411,652 LAj d buildin 514,500 378,937 432,718 NIA, ff 928.500 803.219 844.370 19 Short -term iiest [note 9] 250,000 255,026 293,367 4 3,764,000 3,867,725 3,663,968 Conditional Grants from Other Governments Provincial government and agencies Transportation services - highways 360,000 402,991 393,282 Funding for official languages - -- 140,230 - 4 360,000 543,221 393,282 21 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (1 of 6) Year ended December 31 22 Budge . » >` ` < <:;:;. Actual Actual 200 `'<2005 2004 (unati to Page AV General Government Services Legislative Mayor's office 191, 190,634 172,910 Common Council 332,33 334,260 346,338 General administrative City Manager yQ.., 804,383 390,841 Common Cler'` 897,39 754,959 824,271 Solicitor 505,049 630,492 520,743 Corporate Se Administratio 219,612 217,414 222,227 953,683 1,293,798 951,832 uman es 1,142,238 1,074,823 957,138 Materials M ment 1,072,342 1,097,491 1,020,127 ormation Sy s & pport 1,777,364 1,531,198 1,594,727 Co ervices 16 City uild* [note S] 1,542,500 1,429,346 1,380,030 Other genera overnment services Property assessment 844,874 844,874 800,664 Public liability insurance 525,000 491,102 499,804 10,432,994 10,694,774 9,681,652 19 Deduct administrative costs allocated to the Water and Sewerage Utility [note 9] (1,419,000) (1,332,000) (1,495,127) 4 9,013,994 9,362,774 8,186,525 22 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (2 of 6) Year ended December 31 Him- tion 1,130,220 1,109,903 951,037 1 Animal Res ea 154,500 118,386 128,871 37,160,265 37,286,917 35,447,535 23 Budget'......' `'>:;;. Actual 2005' . 005 (uga0 iced) Actual 2004 Protective Services Police protection p 16 961'i , ' 16 947 606 x.. 16 237 968 , Fire protection Salaries and other operating 03,500 €30,916 15,309,249 19 Water supply [note 9] 8 ,540,863 1,400,000 Emergency me Emergenc easure anization 168,757 171,688 141,896 Emerg atch ntre 3,084 1,367,555 1,278,514 Him- tion 1,130,220 1,109,903 951,037 1 Animal Res ea 154,500 118,386 128,871 37,160,265 37,286,917 35,447,535 23 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (3 of 6) Year ended December 31 24 Budge. Actual Actual 200 :;::005 2004 (unaoidile > »:.. Page $ $ Transportation Services OT Common services Mechanical and carpentry 324,2 528,236 530,833 Administration 1,425,945 1,401,465 1,188,275 Engineering 39,738 0,251 437,090 Road transport Roads and s 0,568,75 9,881,132 8,741,136 Street lig 1,000,000 883,697 899,483 Traffic 7,617 992,610 848,374 Parking 33,342 314,402 287,900 19 S er [no 1,852,636 1,541,514 1,884,299 15 :; >' ublic transit SJ erating sub 2,498,383 2,920,077 2,652,337 (rest expense cap tal ci tirement 674,567 672,416 664,087 4 ML 20,255,237 19,625,800 18,133,814 24 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (4 of 6) Year ended December 31 Page Budget;::;'' 2005 > (u ri #11dited) " Actual .......-2.005 Actual 2004 Environmental Development Services Research and planning 5829222 572,445 Administration and GIS 66 576,453 536,336 Real estate management 1,186,8 1,133,769 1,0469281 Market Square Corporation 215,000 59000 245,000 Environment committee 100 39076 2,123 Preservation Review Board 100,540 97,555 15 Greater Saint J omic Develop [note 4015072 401,072 4069159 Saint Jo ial P 65,000 65,000 106,432 16 Market Square note 5J 1851,364 1,809,417 1,506,152 Gro teF ve 100,000 62,322 40,928 16 ona es ssion [note 5] 1,547,228 1,5409385 1,329,272 ourism and uric 871,385 9229306 812,218 Market 726,955 661,133 639,469 celebration d re e tions 20,000 12,500 11,644 4 IML IN 8.485.575 8.085.195 7.352.014 25 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (5 of 6) Year ended December 31 Recreational and Cultural Services Recreational Administration Community centres and h Skating rinks and arenas Amusement parks Parks and Dlaverounds Budgt: ,< Actual Actual 20. 005 2004 (u ..... $ '. S 1,08 749,652 953,494 1,083,7 1,193,086 1,043,519 990,911 709,039 993,141 N6310 71,796,014 1,322,157 1,462,801 1,116,566 Cultural New 'ck M um 192,500 )K353,577 128,333 192,500 Saint John ary 353,522 334,945 . Servi 90,800 89,543 83,448 >''rarfs 469,500 456,889 467,242 4 « "` 6,622,450 6,938,879 6,507,012 26 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (6 of 6) Year ended December 31 27 Budge. Actual Actual 200 005 2004 (uRa�i�ile Page $ $ Fiscal Services Interest on long -term debt Debenture debt 2,545, 2,524,552 2,4949591 Other long -term debt - -- 11,475 8,316 Principal installments Debenture debt S ... �84QQ>? 8,076,000 9,047,500 Other long -t 71,21>" 144,769 689684 Capital p nance y the Operating , 29,594 1,795,000 816,040 Ot arges 165,000 1009366 147,357 rt -ter ing 235,060 1999392 211,291 ' unding of pe fun J - -- 1,200,000 - -- er miscellane 1,000,000 1,129,313 1,237,208 4 14.435.651 15.180.867 14.030.987 27 Financial Statements The City of Saint John Water December Sewerage CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and Operating Fund Statement of Equity Capital and Loan Fund Balance Sheet Capital and Loan Fund Statement Statement of Source and Application Page 1 -2 91 on 7 Notes to Financial Stag V IF 9 -16 2 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John Water and Sewerage Utility at December 31, 2005 and the related statements of revenue and expenses,-IRKty and source and application of capital financing for the year then ended. > These financial statements have been prepared to comply with Section 8 of the Cbntrol of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express au %'opinion on: ,these financial statements based on our audit. We conducted our audit in accordance with Calla.. acc ted auditing standards. Those standards require that we plan..*' perform an audit to obtain reasonable assurance whether to financial stat is are free of material misstatement. An audit includes examining, on a tes ,evidence supporting the amounts and disclosures in the financial statements An audit also includes assessing the accountin principles used and ~4 , cant estimates made by jF management, as well ting the overall finanqFM statement presentation. As described n 6, tlff City of S4at= John Pension Plan (the "Plan ") completed an actuaria f D ember 31, 2003. The City of Saint John Wa wera tility equired to partially fund the reported solven deficien 00 he amount of $1,029,200 (2004 - $1,008,731). Thi obligation ,03 , to cover 2004 and 2005 was not paid to the Plan an City has n ecor d the solvency obligation to the Plan. However the City ha rued and pensed an amount in 2005 to fund the 2004 and 2005 going cone cienc f $1,163,086, with no restatement to 2004. Failure to record the requ solvency funding contribution as a liability is not in accordance with g rally accepted accounting principles. Had the full solvency funding obligation been recorded liabilities would have increased by $874,845 (2004 - $1,008,731), equity and excess of revenue over expenses for the year would have decreased by $874,845 (2004 - $1,008,731). In our opinion, except for the effect of the City not recording the liability referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the City of Saint John Water and Sewerage Utility as at December 31, 2005 and the results of its operations and the source and application of its capital financing for the year then ended in 1 accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of the City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. Sai Ma 2 The City of Saint John Water and Sewerage Utility OPERATING FUND BALANCESHEET As at December 31 2004 ASSETS Accounts receivable 4,381,966 9690,028 Due from General Operating Fund 4,780,081 2,342,288 9,162,047 6,032,316 LIABILITIES AND EQUIT Accounts payable and accrued ch ges 2,493,479 1,379,269 Duet General C ' 1 Fund 41,325 41,325 12 Other payable 526,997 568,406 Interest pa on Ion rm. debt 419,489 491,904 Due to to Sewe e 6 Capital and Lo 5,150,287 3,370,744 NEEL 8,631,577 5,851,648 5 uity [n-o'MW 530,470 180,668 See accom3MUng notes Signed on behalf 9.162.047 6.032.316 Mayor Chair of Finance Committee 3 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Bud &et (unaudited) 2005 Revenue Charges to customers 23,473,479 Charges to General Operating Fund [note 5] AL 13 Water supply for fire protection 13 Storm sewerase A 104 Total revenue Actual Actual 2005 2004 S 24,128,436 21,322,688 N1,: Water supply R63 1,400,000 1,104280 1,291,174 2,645,143, ,6 26,77 >'' 24,013,862 Expenses Principal illMments AV Water supply 7 Debentui7lLbt AF Purification and treatment 1,21 1,595,638 1,331,259 Transmission and distribution 3,694,2 719,743 3,349,632 Pumping 917,398 793,200 824,503 Sewerage Collection and Disposal 7 Capital projects financed by the Sewerage collectio stem 1, 1,640,125 1,467,542 Sewerage treat 111111111111ILdlS.Dosal 2,80 , 05 2,666,925 2,554,522 Billing and collegCn 344,170 541,674 361,390 Operational s 778,773 687,236 1,144,064 Engineering 1,682,006 1,496,973 1,013,407 13 Administration and g 17,500 ove ces 2,159,945 2,120,490 2,031,731 Total expenses and fiscal services 15,454,709 15,262,004 14,078,050 services Excess revenue (expenses) from operations (127,309) 349,802 nt on long -term t 5 Excess revenue of previous years 127,309 ture debt 2,465,588 2,104,490 1,971,308 Oth g -term de 7,050 6,870 28,812 See accompanying notes El Principal illMments AV 7 Debentui7lLbt AF 6,145,370 6,059,000 5,810,500 7 Other long- ebt 318,796 318,796 297,967 Discount on deb res issued 157,647 45,621 108,960 7 Capital projects financed by the operating fund 1,426,296 1,426,296 1,802,768 13 Short -term financing costs [note 5] 300,000 20,114 118,615 Funding pension fund [note 6] - -- 1,163,086 - -- Infrastructure agreement reserve - -- 17,500 17,500 10,820,747 11,161,773 10,156,430 Total expenses and fiscal services 26,275,456 26,423,777 24,234,480 Excess revenue (expenses) from operations (127,309) 349,802 (220,618) 5 Excess revenue of previous years 127,309 42,311 417,874 5 Excess revenue (expenses) for the year - -- 392,113 197,256 See accompanying notes El The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF EQUITY Year ended December 31 See accompanying notes E 2005 2004 Page $ $ Equity beginning of year 18 401,286 Add: 4 Excess revenue (expenses) for the ea 392,113 197,256 572,781 598,542 Deduct: 4 Excess revenue of previous ytars (42,311 ) (417,874 3 Eauitv. end of vear (note 41 530.470 180.668 See accompanying notes E The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2005 2004 See accom3MUnz notes Signed on Mayor 212,804,240 200,210,243 Chair of Finance Committee C$ ASSETS 3 Due from Water and Sewerage Utility Operating Fund 5,150,287 ,370,744 12 Fixed assets [note 2] ,653,953 96,839,499 212,804,240 200,210,243 LIABILITIES AND EQUITY 11 Long -term debt [note 2] N,086,000 Debentures 44,645,000 Department of R&gional Industrial;Expans"l - -- 296,750 Municipal D and Loan Beard �" 20,613 42,659 42,106,613 44,984,409 Due to G e erati Fund 9,027,438 1,612,818 Due to General 662 662 51,134,713 46,597,889 7 uity 161,669,527 153,612,354 See accom3MUnz notes Signed on Mayor 212,804,240 200,210,243 Chair of Finance Committee C$ The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 Page 05 2004 Equity, beginning of year Ah, -% 153-,W54 140,188,887 Debt repaid during the year by the Uti perati Fund 4 Debenture debt 6,059,000 5,810,500 4 Department of Regional Industrial Expans 296,75 277,025 4 Municipal Development an Loan Board 22,046 20,942 6,377,796 6,108,467 Contributions in aid of construct Provincial government - -- 5,145,495 Fixed assets by the Uti l peratin and 48,814 30,737 4 Capital pr is fina by the Uti Operating Fund 1,630,563 1,738,768 Other - -- 400,000 6 Eauitv. end o 161.669.527 153.612.354 See 7 The City of Saint John Water and Sewerage Utility STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2005 2004 Application See Source Debenture issue 3,500,000 ,360,000 Provincial government contribution - -- 5,145,495 Increase in amount due to General Capital Fund 94149620 662 Fixed assets purchased by Utility Op ting Fund 48,814 30,737 Debt repaid by Utility Operating Fun 6,377,796 6,108,467 Capital projects financed by the Utility and 09563 1,7389768 Other contributions - -- 400,000 18.971.793 22.784.129 Application See The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Financial Statement Presentation The City of Saint John Water and Sewerage statements have been prepared in accordance The Operating Fund reflects the Utility's wor € and the Capital and Loan Fund reflec is outstanding long -term debt. Fixed Assets and Depreciation Fixed assets are recorded at cost., programs, cost sharing arrangements, to equity in capital ass "Utility ") financial un s of accounting. and re of operations ;nt in ets and Vigh capital assistance are treated as additions The Utility does qddt eciation o its fixed assets, but an amount equal to annual debt repaym e o oper ns and credited to equity in capital assets. The 'lity als ns all capital projects that are financed in the cu w.a fun The Utility ws the a al method of accounting for revenue and expenses. Accounting for us or Deficit at the End of a Fiscal Year Section 189(4) of the Municipalities Act of New Brunswick requires that the Utility establish rates which result in a quadrennially balanced budget. Further, Section 189(5)(b) states that should a surplus or deficit exist at the end of a year, it must be spread over a four year period commencing with the second ensuing year. 7 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 1. ACCOUNTING POLICIES (continued) Accounting Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make est' s and assumptions that affect the reported amounts of assets and liabilities e to of the financial statements and the reported amounts of revenue expenses during the reporting periods. Actual results could differ fr om t see tes. Financial Instruments The carrying values of the Utility's financial approximate fair values because of their s terms. The Utility's accounts recaivable do of credit risk because the account we normal credit terms. As long -te Brunswick and is not renegotiable, t fair changing interest rates not been have any exposure u1 erivative tj mcnts::.except for to term debt ,rm maturity and normal credit nt significant concentration 1 la u ber of ratepayers on aged the Province of New f g -term debt, affected by year -end the Utility did not 10 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 2. DEBENTURE AND OTHER LONG-TERM DEBT Debenture and other long-term debt consist of the following: Year of Interest Term 2005 2004 Issue Rate Years Balance Balance 1995 6.250 to 7.875 10 0 --- 417,000 1996 3.625 to 6.625 10 000 510,000 1997 4.125 to 6.000 10 1,0 0 1,527,000 1998 5.250 to 5.625 10 1,134, 1,512,000 1999 5.200 to 5.750 2,412,00 5015,000 2000 6.100 to 6.400 '00 , 1 1,565,000 1,878,000 2001 2.450 to 5.500 10 ... 2,544,000 2,968,000 2002 3.375 to 5.750 10 5,390,000 6,160,000 2003 3.050 to 5.0* 10 5,232,000 5,886,000 2003 2.750 to 5.12 ......A.-O '4'000 11,412,000 2004 2.750 to 4.800 '892,000 9,360,000 2005 3.750 to 4.375 ............ 3,500,000 Debenture Debt Iddolkh" 42,086,000 44,645,000 1975 --- 296,750 Department of Re ion dus Expansion 1965 38 40 --- 2,266 1966 40 245 578 196 5. 40 20,368 39,815 ::: _ in :uni Mcip velopment Woaiiffoard 20,613 42,659 9 42,106,613 44,984,409 11 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 2. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments required on the Utility's long -term debt in each of the next five years is as follows: 2006 5,837,614 2007 5,562,000 2008 5,053,000 lffln 2009 4,675,000 2010 4,072,000 Fixed assets include $4,480,556 (2004 - $315, f h financ' has not been arranged at the year end. 3. OTHER PAYABLES 4OF 2005 2004 '64001% Vacation pay 274,504 287,818 Retirement g1joNogp e 252,493 280,588 526,997 568,406 pro earned but not paid. All employe on retirMhent from the City of Saint John (the "City ") are entitled to a retirement yakyout equal to one month's pay, to a maximum of six months, for every five ervice. The program was amended to provide certain employees wit option prio r to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. 12 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 4. OPERATING FUND SURPLUS The surplus or deficit for each year is taken back into income over a four year period commencing with the second ensuing year. The balances remaining at the end of each year are as follows: 5. TRANSACTIONS WITH GENERAL FUND The Water and era tility O ating Fund reimbursed the General Operating Fun NAW�Wy 2004 - 5,127) for its share of general government operati ion, General Operating Fund is charged for storm a e $1,291,174) and wat er supply for fire pro tion $1;540-4:863 (SW — $1,400,000). Interestw`... harged on bala s between the General Fund and the Water and Sewerage ' 'ty on a m hly basis. The Utility's c transfer is within the maximum allowable by regulation based on the a able percentage of water system expenditures for the population. 13 215 2004 A $ $ AW 2001 16,216 2002 111, 222,189 2003 (169,99 (254,993) 2004 197,256 197,256 2005 392,113 - -- 530,470 180,668 5. TRANSACTIONS WITH GENERAL FUND The Water and era tility O ating Fund reimbursed the General Operating Fun NAW�Wy 2004 - 5,127) for its share of general government operati ion, General Operating Fund is charged for storm a e $1,291,174) and wat er supply for fire pro tion $1;540-4:863 (SW — $1,400,000). Interestw`... harged on bala s between the General Fund and the Water and Sewerage ' 'ty on a m hly basis. The Utility's c transfer is within the maximum allowable by regulation based on the a able percentage of water system expenditures for the population. 13 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 6. PENSION PLAN A. OVERVIEW The City provides pension benefits to employees in accordance with the provisions of the revised City of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The pl s administered by a Board of Trustees, representing Common Counci and ement, unionized employees and retired employees. Prior to May, he plan was governed by The City of Saint John Pension Act, 1970 >:; Th is subject to the provisions of the New Brunswick Pension ENnefits which became effective January 1, 1992. The plan is a defined benefit plan which provides forpensions ba on length of service and rate of pay. Both the municipality and the employees make contributions to the plan. ,,.The City's contr ution limits are fixed by legislation at a minimum amount of_ 7% of emp e e rnings. The City is currently contributing at a rate of 8. 1 �% of salary. ' City charges all of its contributions to expense in the year the c6ritribution is made. The amount contributed fore ees funded by Water and Sewerage Utility for 2005 was $550,737 - 8,610). AM 'in B. ACTUARIA F ATION The 1 va on indica ed the present value of accumulated plan fits was 780, a the adjusted market value of net assets a le to prove ene as $257,233,100 with an estimated unfunded liabi f $43,547, on a going concern basis. As at December 31, 2003, the liab on a s ency basis were greater than the solvency of the assets by $88,85 The 2003 val ion has been updated by extrapolation to December 31, 2005 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available to provide benefits resulting in a deficiency of $18,404,360 on a going concern basis. 14 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 6. PENSION PLAN B. ACTUARIAL INFORMATION (continued) This valuation relates to the entire plan which includes employees funded through both the General Fund and the Water and Seu&age Utility. Current costs and special funding payments are allocated to fiz on the basis of a percentage of payroll. C. DUE TO THE PENSION PLAN The New Brunswiek Pension Benefits pct requires be funded over a period of five yearsunlcss an exe over a period of no more than 15 years, or the.< eri whichever is shorter. This e mption has no Saint John. that a solv3§&&4eficiency Otion is reaulffed to fund I to December 31, 2018, requested by the City of Assuming an exemption is obtaired.. fl�.jN4ftaLpLIEnding period is 15 years from December 31mmZ003. The nlirimum ing payment to fund the solvency defici o years is 15.3% of yroll. The estimated annual solvency fiind�rg payment required for 2005 is $1,2 IMMIL2004 ` :: 47105-91000). Of this amount the cost attribute to em ryuub I b er and Sewer Utility is $1,029,200 (2004 - 08,731). ding amounts have not been paid or recorded anci The Sup en dent e nsions for the Province of New Brunswick has issued an order re g t City to pay all special funding payments required to fund the going co iability plus interest at 8% due from January 1, 2004 to December 31, 05 which the plan estimates to be $8,139,159 and also to make required 2006 special monthly payments totaling $3,845,000. The Water and Sewer Utility's share of the funding required for the years 2004 and 2005 is $1,163,086. This amount has been recorded as an expense in 2005. 15 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2005 7. INTER -FUND ACCOUNTS All inter -fund acco are in compliance Government. 1, 2005 represent established by th transactions and tment of Local 16 Financial Statements The City of Saint John Reserve and Trust Funds December 31, 2005 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of the City of Saint John: We have audited the balance sheet of the Reserve and Trust Funds of The City of Saint John as at December 31, 2005 and the statement of changes in equity for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these 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 Reserve and Trust Funds of the City of Saint John as at December 31, 2005 and the results of its change in equity for the year then ended in accordance with the basis of accounting described in note i to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Conunon Council of the City of Saint John, and the Minister of Local Government, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of the Province of New Brunswick. Saint John, Canada, March 30, 2006. Chartered Accountants W W G] W b w � G � Lam' as V � H c� M v U Q er 3 � 64 C � A fi. 67 J s � i � � w fAl CJO a r© V s, m � G H L: O v G � � O c TWA r- 0) r*t N � Q R .--, M a oo N o � a M , rQ i , M a r w N M N i i i , c r N � , r rr I I I n [i1 CIO r v-� O , r i i w N rq i r i N i , r r r w 00 , r r n N U � v; 0 43 A � � U Y � a z� M 0 M C7 n oc v-, 0 M G IN N D I� N M rro C 4 et n I . rl� 00 vz 01 V n n 1N ONO; 0 0 OrJ 46 � O N N �lc 110 0 00 N N a G N N rl ON CI r 00 w r Ln , Q � � rr1 M _a N N N N w n tl- n DO OQ OG t7� r C; cr st 1* It 9O ]Q 00 t- A F, a a� U w 4-, 0 cc U 0 .0 d CJ N b-0 Cd � O d W YrY�K vl W r� W W H cr a � ti a � M =c 0.7 B +I"1 � 4 E17 ° C C4 � o � 0 0 � N C L �w V a� V c � L W iL v b ° w '� Cd "_p' k✓} Y ve W v] L C i�7 C q C5 c� o _Sm ;z t7' i— n 6 C� N F+ � f cn r t- 1 �4 N N 10 N M N 4°. o c a n t' a c' €� c C rcC7i . r-. G6 i N a 6 M € � o oo x t as . � 'y di F m C7 Ei` Y' � C+l 0r0 rh rn o, N � o v nl M (V CI O Oi 00 N d M. M Ci p 'cr N G7 CT Q+ En ir7 ry O t`i Y"J a�Q aNG Q V C71 Yl C �- 00 c+1 N O+ € oo Oa a F N i C"1 N m+ °Q ew bIF � O dJ fV Q� f N IIC m fV � N x G6 i N a 6 M € � o oo x t as . � 'y di F m C7 Ei` Y' � C+l 0r0 rh rn o, N � o v nl M (V CI O Oi 00 N d M. M Ci p 'cr N G7 CT Q+ En ir7 ry O t`i Y"J a�Q aNG Q V C71 Yl C �- 00 c+1 N O+ € oo Oa r_- a a F N m+ °Q ew bIF � O r_- a The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2005 1. SIGNIFICANT ACCOUNTING POLICY These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Accrual Accounting The City follows the accrual method of accounting; for revenue and expenses. 2, RESERVE FUNDS Machinery and Equipment Depreciation Fund Under Section 90(4) of the Municipalities Act, Council by resolution can create an equipment replacement reserve. Contributions to this fund are made through the operating budget of the General Fund. Disbursements from this fund may only be made for the acquisition of equipment and require the approval of Common Council. Airspace 2049 Fund This fund was established in 1985 with respect to the development of Market Square and in particular the condominium development. Upon the sale of airspace to allow for the construction of the project, the proceeds were invested to allow for the reacquisition by the City of this airspace in the year 2049 when the ownership of the complex reverts to the City of Saint John. 3 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2005 3. TRUST FUNDS Land Subdivision Fund Section 43 of the Community Planning Act requires that monies received by Council in lieu of land for public purposes are paid into a special account. Council may expend these funds for acquiring or developing land for public purposes as defined by the Community Planning Act. Tucker Fund By an Act of the Legislature enacted April 20, 1927 securities with a par value of $10,000 were vested with the City of Saint John. This Act provided that the income and a portion of the principal from this Trust, with the approval of Common Council, should be used for the maintenance and improvement of Tucker Park. Stockford Memorial Fund This fund was established on December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts. This amount was to be invested and the annual income was to be used towards the upkeep and maintenance of Ding Square. O'Connell Fund This fund was established on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell. The contribution was to be invested and the income distributed among the orphanages of the City on the pro -rata basis of the children cared for by each, to be given by way of a Christmas gift to each child. In October, 2004 this agreement was amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund. 4 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2005 3. TRUST FUNDS [continued] L.R. Ross Fund This fund was established in 1921 through the gift of $1,250 and the "Ross Memorial Cup„ The cup was to be competed for annually by amateur single scullers, twenty -one years or under who are residents of the Maritime Provinces. The income from this Trust is to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986 now allow for the funds to be used to promote the sport of rowing within the City of Saint John and its suburban communities, provided that $4,000 remains in the fund to enable the "Ross Memorial Cup„ to be duplicated when necessary. A. Carle Smith Fund Established in September 1976, funds were received from the estate of A. Carle Smith. These funds are to be used for the maintenance of a wildlife sanctuary in the South Bay area. Bi- Centennial Fund These funds are to be used for ceremonies marking the 200th anniversary of Canada in the year 2067. Saint John Non - Profit Housing Future Development Fund This fund was established in 1987, on the sale by the City of the Rockwood Court Complex. By resolution of Common Council, the proceeds in excess of the amount required to meet the outstanding obligations of the complex, amounting to $470,726, were to be set aside and administered by Saint John Non -Profit Housing Incorporated. This fund was to be used for new housing initiatives subject to restrictions set out by the City of Saint John. 5 May 23, 2006 SAINT JOHN His Worship Mayor Norm MacFarlane And Members of Common Council Your Worship and Councillors: RE: 2005Audited Financial Statements P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L1 www.saintjohn.ca The 2004 audited financial statements for the following funds are being presented to Common Council on May 23, 2006: l.City of Saint John General Fund 2.City of Saint John Water and Sewerage Utility 3. City of Saint John Reserve and Trust Funds A copy of each of these sets of statements is attached for Council's consideration. The presentation of these statements was delayed pending approval from the Province related to the recording of the Special Funding Payments owed to the City's Pension Plan. Approval has now been received and the attached summary sheet notes how the recording has been done. Ernst & Young have audited these financial statements and their Auditor's Report is attached to each set of statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. Staff will make a brief presentation to Common Council regarding the 2005 Operating results. Highlights of significant variances from original budget projections are attached and will be discussed in greater detail during the presentation. Following the presentation of the Financial Statements Council will be asked to consider the following motion: That the audited financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds for the year ended December 31, 2005 be approved as presented. Respectfully submitte_ //d& Akdrew P. Beckett C.A. Acting Treasurer Explore our past Explorez notre passe Discover your future Ddcouvrezvotreavenir Grand Bay - Westfield • Quisparnsis • Rothesay St. Martins • Saint Johi City of Saint John Pension Plan Funding RECORDING: Special Funding Payments owed for 2004 & 2005 $ 81139,159.00 Amount expensed in 2005: General Fund 11200,000.00 Water & Sewerage Utility 11163,086.00 21363,086.00 Deferred expense at December 31, 2005 Special Funding Payment owed for 2006 Amount to be expensed in 2006: General Fund Water & Sewerage Utility Deferred expense at December 31, 2006 5,7767073.00 3,845,000.00 1,550,000.00 549,835.00 21099,835.00 $ 71521,238.00 Remaining deferred expense will be written -off over 5 year period (07 -11) at approximately $1,500,000 per year. FINANCING: Special Funding payments owed for 2004 and 2005 were paid to the Pension Plan in March of 2006. Issue that still remains is how City will finance the deferred expense. Discussions are still on -going with the Province on this matter. It is hoped that the Province will simpty allow for an increase of our temporary borrowing limits for the next six years (06 -11) while the amount is being absorbed into our operating fund expenses. CITY OF SAINT JOHN GENERAL FUND FINANCIAL HIGHLIGHTS FOR THE YEAR ENDED DECEMBER 31, 2005 Revenue Expenditure Deficit Other key items: Set up of pension obligation Additions to fixed assets Long -term debt Budget 99,293,018 99,293,018 Actual 99,839,417 99,905,352 Variance 546,399 (612,334) 0 (65,935) (65,935) 2005 2004 5,776,073 18,7885476 16,196, 575 52,0871078 5216921869 5/19/2006 Page 3 CITY OF SAINT JOHN GENERAL FUND REVENUE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2005 Total budgeted revenue - for the year 991293,018 Total actual revenue - for the year 99,839,417 Excess of actual over budget for the year 546,399 Major variances: Emergency Dispatch 177,085 GIS Sales 50,342 Building Permits 244,529 Fines and parking (60,650) Land & Buildings (719059) City hall (64,504) Funding - Official languages 140,230 415,973 Net of other accounts 130,426 Year end revenue variance 546,399 5/18/2006 Page 4 CITY OF SAINT JOHN GENERAL FUND EXPENDITURE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2005 Total budgeted expenditures for the year 99,293,018 Total actual expenditures for the year 99,905,352 Excess of actual over budget for the year (612 334) Major variances: Operational review Chartwell (371,200) Bad debt write -off (371,800) Information systems and support 246,200 City Hall Building 1139150 Fire Department (327,400) Roads & streets 687,600 Street lighting 116,300 Parking administration 116,900 Storm sewer 3117000 Research & planning 116,300 Leisure servcies (316,400) Capital projects financed by operarting 534,594 Transit (422,000) 433,244 Net of all other variances 154,422 subtotal 587,666 Funding of pension plan (1,200,000) Year end expenditure variance (612,334) 5/18/2006 Page 5 CITY OF SAINT JOHN WATER & SEWERAGE UTILITY FINANCIAL HIGHLIGHTS FOR THE YEAR ENDED DECEMBER 31, 2005 Budget Actual Variance Revenue 26,1487147 261773,579 625,432 Operating expenditures 152454,709 15,262,004 192,705 Fiscal charges 10,820,747 11,161,773 (341,026) Expenditures 26,275,456 2654232777 (148,321) Excess revenue second pervious year Surplus Other key items: Additions to fixed assets Long -term debt 127,309 427311 84,998 101820,747 11,553,886 392,113 2005 2004 109 814, 454 12;922,712 42,106,613 44,984,409 5/19/2006 Page 6 CITY OF SAINT JOHN WATER & SEWERAGE UTILITY EXPENDITURE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2005 Total budgeted expenditures for the year 26,2751456 Total actual expenditures for the year 26,423,777 Excess of actual over budget for the year (148,321) Major variances: Operational expenditues 1925705 Interest on debenture debt 361,098 Debenture discount 112,026 Short -term financing costs 279,886 Other fiscall charges 69,050 1,014,765 Funding of pension plan (1,163,086) Year end expenditure variance (1485321) 5/18/2006 Page 7 { FU P iJ 100% of your money works here We provide loans and financial services to people with good ideas. We convert your investment in to: • business loans • back to work loans • damage deposit loans • financial literacy training • business plan development training and advice We believe everyone deserves a chance to make a living for themselves and their families. When you invest: • you choose up to 3% return or we will match any bond rate • your risk is minimized by a 30% reserve • we ask for a minimum 2 year commitment Its nice to know that our small investment is going to work right here, in Saint John. David and Rosi Jory, Investors Invest. Call 636 -8542. Saint Johh Community Loan Fund 3b Floor City Market, P.O. Box 6125, Station A Saint John, NB EM 4R6 Email: loanfund @nbnetnb.ca SAINT JOHN Fax: 506.636.8543 Charitable # 84591 3241 RR0001 When it comes to helping small business, the Saint John Community Loan Fund is not just putting on the dog ! Sue Martin's career was cut short by fybromialgia. Not a quitter, she trained as a dog - groomer in Moncton in 2001. When she returned home to set up her small business loan, the bank turned her down. Sue was referred to the Saint John Community Loan Fund. The Loan Fund was able to help her with her start-up costs and assist her through the growing pains of opening a new business. Since 2003, Sue has hired two employees. The Saint John Community Loan Fund is building community by recruiting investors to its loan pool. This money is loaned out to help those living on low- income generate income, build assets, and achieve economic independence. We provide business loans, back -to -work loans, and shelter loans. We give one -on -one support to borrowers on a quarterly basis, and deliver Money Matter$, a basic course in financial management. Demand for loans continues to outstrip our supply of capital. Did we quit? No, we launched a campaign to raise $60,000 for the Loan Pool in 2006. We are half way to our goal already. Please consider joining our growing list of investors. 100% of your investment stays in our community. Oh, and did we tell you? No investor has lost one cent. Ever. We like it that way. We're sure you do too. Saint John Community Loan Fund Gratefully Acknowledges Its Partners: P Womens Issues Bmnch Fomily& Community Senlem `.ouu.m'larq�e, h.. !l Summer Co"r Flecemenls Cariaffi Skills link For morn btfomnatldn about #w Saint John or oo of Community Loan Fund please vfak Seth makos, onager www aanfund,ca t t�6 tt� s+>I ba dbn ntrca i Saint John Col munity 'Loan Fund POSoi61 st., rrt�nNOEX4R6 Saint John Community Loan Fund Expression of Interest to Invest or Donate Thank you for your interest in investing in or donating to the Saint John Community Loan Fund (Loan Fund). This form will help you define what shape your investment or donation will take. Once completed, this form can be returned to the Manager of the Loan Fund by mail, or fax 636 -8543. He will then follow -up with you at an appropriate time to set a meeting to complete your commitment. You may also wish to contact the Manager directly. If so, you can call the Manager, Seth Asimakos, at 636 -8549. 4. Investing, If you are interested in investing in the Saint John Community Loan Fund, please indicate the proposed amount of your investment, the period you would like to invest for, and the rate of return you will be comfortable with. We have received investments in the range of $250 to $15,000, so no investment is too small or too large. The average rate of return chosen by investors is 1.5% but we offer up to 3 %. Amount of Investment (anywhere from $250 and $15,000, or more, think big!) Period of Investment (minimum 2 years please) Rate of Return (up to 3 %, or match a competitive bond rate) Donating, Donations also support our work and receive a charitable tax receipt. Donations to the community loan fund can be directed to any of the following: Business and Employment Loans - loans to start businesses and to help people return to work; Housing Loans - loans to pay I" month's rent, or security, hydro and telephone deposits; Loan Loss Reserve - used to protect the loan pools and our investors; for every dollar here, three dollars can be loaned safely; Please tell us how much you would like to donate and to which activity as defined above. Amount of Donation Which Activity (you can also choose to leave that up to us) 5. Please write your name, address, telephone number, and when we could call to follow -up with you. Name: Address: Telephone Home: Work: Day and time when it is appropriate to call: Date: Cell: Thank you for interest in investing in or donating to the Saint John Community Loan Fund. Viv I I a FOUNDATION Together, working for quality LOCH LOMOND VILLA FOUNDATION, Inc. 185 Loch Lomond Road, Saint John, NB E2J 3S3 Telephone: (506) 643.7170 Fax: (506) 643.7703 Email: csimonds @lochlomondvilla.com May 17, 2006 Campaign Honorary Committee Dr. J. Bewick Sr. His Worship Mayor Noun McFarlane & City Councillors Hon. Ermine Cohen City of Saint John Harold Coughlan Alice Howe P.O. Box 1971 Lynn Irving Saint John, N.B. Tom Jarrett James McCarron Elsie Wayne Dear Mayor McFarlane & City Councillors: Campaign Cabinet Gerry Pond, Chair As New Brunswick's largest seniors' residence offering Lead Gift Chair independent and assisted care facilities, Loch Lomond Villa Richard Burpee has earned an enviable reputation for its dedication to Special Gift Chair John Wallace catering to the varied needs of seniors in the Saint John and General Gift Co- Chairs surrounding areas. Offering a diverse range of living and Mark Farwell care options for over 30 ears Loch Lomond Villa has built Mike Schulze li 3' Family Gift chair this reputation on its ability to provide its residents and their Neil snillington Treasurer families with the peace of mind that comes from knowing Dennis Flood the best possible care and support is always available when Communications needed. Linda Forestell Loch Lomond villa Foundation Over the years, however, Loch Lomond Villa's clientele has Board of Directors Richard Burpee, Chair grown and changed considerably, as have their specific John Buchanan needs. Given this situation and the age of its infrastructure, Sheila Darrah Loch Lomond Villa has now reached a critical point in its Mark Derma Flooed evolution, with a drastic need to expand certain vital areas Gordon MacDonald and implement urgent improvements to the complex in order Stewart Rogers Mike Schulze to enable it to continue to offer the superior level of care its Neil Shillington residents demand and deserve. Consequently, Loch Loch Lomond Villa Lomond Villa has launched a major capital campaign to Eric Johnson, Chair raise the much - needed funds to rebuild and refurbish its Cindy Donovan, CEO Dogwood Lane nursing unit. The target of this major Loch Lomond Villa Foundation campaign is fixed at $2 million. Cheryl Simonds, Director w w L W. V LM o 4 o a� to 3� °v. W o cr L a� v v O z CA v O -2 �v U a a V 4� .n 0 a ma 3 0 0 LM Flow W J 0 0 an 00 .PM a W .r n 7 T � 3^ Cl. ° m "OCT 1 s� 0 LA VOW- aa 41 tad � 40 0 O ry O v' ccS ,N E LA � V _ �.. � ..— � • r Cl N CO c6 LA CO y c ■ . . . / . a . . . . . N Asa *VOO M s► O b W 'a W � *VOW N V N � a t� td L 0 .r 3 :moo ma Qy'O'C� U O ma 3 N L 0- Al to o� s.. O WOMO AMJ v .r c� 0 wc a. N L 00 O N L- s.. O WOMO AMJ v .r c� 0 wc a. N L 00 O Ami 7 cd V O Jc L U � N N c%j i o •� ao-wo O "moo O U (10 O O � 060 acu^C: r d MOW 0 4) fir' J 0 VOOOM to 0 iwo Ow v 7' O :+ tz L un 0 u s.. �V41 N -p Low 0 � 'C3 N U o wl .r a� d o J, .o �v Jed Z '> T � O 0 o � oa v 0 .FJ v T' Ln L� u T N cL4 0 � o 0 n II jW N Z� �o -v Ow o � Q' ca a; U wo 3 v Ln .� 0 '� 0 N .0 �- O ra +� y W O.a co T3 N . i Ow ::3 �o � r WOO Ali N .r S N vOi m000 • ► VI vi L co 0:3 cr .r 0 y Q 01 "Od � v•O Q) y O r U N O c4 U O .r -a coa N 'C3 T3 7 � N it 0 vowo '7 S1 wo O C v 0 'O 4E E U L Z 0 O 3 0 V Ow Ow 00 N O .� J 0 v r a•� o V N O w W Lkl,4' 'O 3i 2 V N& O gJ_ > 97 � W w r W w N N N H EB L c m o L n ya �c . - w °' mEE ma W c m y r P m m'w >O E = w o c c c m m m m y« WE ' Ef 0 0 oE> °'m =o' « °a�1°. yam m U « H Hy cw0 E ~o�� Ny "'ci «c °snit ac m c` m a o m` E m m 5 m m `o m m o v 0 c a� Ew'c ��GLD crnt c'w=mac diE �.o 'yI `� N N J ° LL V L L mEE =c« Mca�i yi .« LL- mto°o .Na o J 00 m O C C C C L. L w E ' m a E0 S O aO ro-,° m aX.f'c mn H Cl 6 N« a m D U O > . ' Q m 0" ° ma m `0 m O r Z 0 m c'. 00 Em —0 D y md�o 0 . = amZ,= O x C F v U o m n o�° m �w e of va CL o o m ON „ E Nw00 Mm ° E m Ly ° ° 0 o � F y m ° � y u E t «" m y3E E I- ' - f0 ;a moo z a° 0 E � N a 'y momE Q ;o LL Ma y U w c y c 60 H Z m U y O 5 > 0 �' ii ado gym° E�E� H° �cE ai °c .2 w $SE a w0 - °V E Q" L p C _O N yy? U m o 0 jy ,C M EL J o` t J m e$ je Ji 3,:9 0 n m E 8 m °$ ;mss �° `d. =_s Fr 0,25 ° E° N � m m J d ° mE` N L y m C aYC y O N ° p H pda r° N 00 F O ¢ = N "M E m ° N 3 W b a R Q 7 O 3 a � E N 9° m m b n n m Q x m UV u ra ° Z m O Z w O 0 m - 10 t L N 0 _t N L d J m a C N 3vL�`3 °c a mt N � ^m d n c W -m �E` M � - «w � � R D +°° ° S` E > c � y c° 3 m = E L M 12 ° o a '0 t> .0 08 d y EM ° E � C L R O O m W'E Y R J d d `o oZaci� a°�RC 'J^_my� o Ucav W �a UsNV) e o Ec t ry ° 60 P2 L U v c N N v v L g a a S L E y¢ V o d c a ° x 0 n c Y o E E O C E° ° N N ti R M 'C U yn ? O L t m C 'y> J� m H UCden W Cm07 '+'0 ��+ RI_"C uC YUmO L =.L.. EY ~ V c W N O R m° N H v N Y Y Z p C L R O �✓Vq � v ? ° N t CmO {° E � J L �C �N J eL ccm O C m d N � b m � y O O N d U O m m v3 L E ow 0 ° 0 W2 O 'O N OJ N V s 00 to O L Clo �U o- S.. O z On U J O U O 0=20 'D O O 3 bo O 0 6 Ma .r- 3i Oo d p . t�6 a O LA N . � Q O 7 o M O � U J 0 J j N 'U L T O ma N s.. r C CO o a. a � o N cd Clo co L ct5 1 U ?� N W s— O O O T3 1� a O .41:� 50 N N r N on G N r D �r 5E L U L cc L C ~ O E o o vi o co No E N � cn 3 L- U) N >% O Z7 No � N U O Z O � • E NO c uO a) to _ E E NO E ai O 4WWl "a J O O U ,� N C C N c N (z N Q N O N O N N No O . L a END o cn °- Cl- am � z z z wommom 0 , , > r• CV .rte■ 0 i 0 ofn O d O O O LA •Q O O O O Cl � V, °3 ,won cu r O L Ow Z co t[S LA U wmomop O .r O� V .n O tv T wuwp (z Uy O W 0 0 L O %moo 0 0 o a N 0 o° VAI V�r 0 L cd N OS L 7 O V- SO y WAN O .� v O T •0)+ S.1 0 O L on "rs (N6 O N .3 L L► O y y � r T L CO.r r• w Q N G "d „jej,r %pow V > V .r O ��.� �> � L O L •� .r .y co O 0 � Q oppo CL- fd t4 Vol fQ f� On vn p ^ S Q -� 0 CIO CLO 7 r . 0 LA � •,4 • � t1 � 43 tom.) 4 •N D CIO CIO ^ r O- Q T3c6� y A U 3y� a0 td 'd LA Ln VVI •� 0 V LA -IP Opp% 00 LA or� J `nom �� Oar ~ a a 0 v L Cr Cr LOCH LOMOND VILLA, INC. BOARD OF DIRECTORS i 2005 - 2006 CHAIR Eric C. Johnson (H) 696.4222 51 Sherwood Drive email: johnsone @nbnet.nb.ca Saint John, NB (C) 650 -8444 E2J 3H7 VICE -CHAIR Peter Dolan (H) 849 -3537 15 Douglas Drive email: pdotan @nb.svmpatico.ca Quispamsis, NB E2G 1Y3 SECRETARY / Don Royal (H) 849 -7888 TREASURER 205 Renshaw Road email: raynard @nb.sympatico.ca Rothesay, NB E2H 1118 Eric Daley (H) 696 -6541 89 Wyatt Crescent (B) 648 -5540 Saint John, NB email: daley @unbsj.ca E2J 4C9 Mina Gillis (H) 849 -2526 15 Merritt Hill Road email: bgillis @nbnet.nb.ca Gondola Point Gardens Quispamsis, NB E2E 6A1 Ion MacKinnon (H) 696 -3263 11 Spring Garden Road Saint John, NB E2N 1 K2 Roger Ruddock (H) 696 -5696 347 Summit Drive email: crruddoc @nb.sympatico.ca Saint John, NB E2.1 3M1 Loch Lomond Villa Board of Directors Listing 2005 -2006 Loch Lomond Villa, Inc. 2005 - 2006 Board of Directors Listing Page ....2 Keith Ryan 1 Grant Drive Quispamsis, NB E2E 1A3 Barbra Walker 178 Green Road Rothesay, NB E2H 1T1 Blair Wetmore 15 Weeden Avenue Rothesay, NB E2E 307 Harold Coughlan 114 Loch Lomond Road Saint John, NB E2J 1 X8 Donald Perrin (King Lion) 6 Olga's Place Saint John, NB E2N 1 P1 Loch Lomond Villa Board of Directors Listing 2005 -2006 (H)847.0406 (B) 653 -7306 email: kryan @elegantflooring.ca (H)849.0498 email: barbra@nbnet.nb.ca (H) 847 -9446 (Cell) 647 -5720 email: bwetmore @nbnet.nb.ca (H) 696 -8843 (8)633.9777 email: haroldcoughlan @rogers.com (H) 652 -8622 (W) 696 -8585 email: dperrina977 @roQers.com Gerry Pond - Chair Villa FOUNDATION Together, working for quality Chair of the Loch Lomond Vill Foundation Capital Campaign A critical part of our community's fabrl is its ability to cater to the needs of its' citizens who require specialized support. Over the years, Loch Lomond. Villa has played an integral role in this regard by providing comprehensive and effective nursing home care. Today, in view of the ever - changing needs of its residents and fuelled by determined leadership, the Villa has devised a plan to upgrade and expani a vital component of its complex —,d Dogwood Lane nursing unit-This crucial and much - needed renovation project will significantly improve the quality of life and overall wellbeing 01 the Villa's residents. I am delighted to be a part of this forward - thinking team as Chair of th Capital Campaign.. can think of no better way to help our community, at I sincerely hope that you share my conviction. LOCH LOMOND VILLA FOUNDATION, Inc. Building on our commitment to our seniors 12 Loch Lomond Villa is proud to be New Brunswick's largest seniors' residence offering independent and assisted care facilities. Loch Lomond Villa accommodates close to 475 seniors, including 196 requiring various levels of nursing care. For over 30 years, our facility has provided modern and up to date services and equipment, however, the time has come that we must renew and replace some of our facilities so that we may continue to offer the best that we can to our cherished seniors. During the early 1970s, in view of a clearly evident need, Saint John's Simonds Lions Club gave rise to a vision for the creation of a flexible living and care facility for seniors from the local community and surrounding areas. Dedicated to realizing this dream, the Club embarked upon a rigorous process to become acquainted with such facilities elsewhere and identify specific local requirements in order to design the ideal long -term care environment in Saint John. Within only a few short years, having secured the support of the federal and provincial governments, the Lions'drive and determination bore fruit when, in 1973, Loch Lomond Villa officially opened its doors. A little over 30 years later, Loch Lomond Villa is more committed than ever to this vision of providing the finest long- term care and specialized services to the region's seniors — the devotion to maintaining their well- being, comfort and quality of life fuelling its every endeavour. Today, however, given the age of its infrastructure and the changing characteristics of its clientele, Loch Lomond Villa finds itself at a critical point in its evolution where its ability to continue to dispense the superior level of care its residents demand and deserve is being severely hampered. Without the expansion of certain vital areas and the implementation of urgent changes and upgrades to the complex, the physical and psychological welfare of residents will be increasingly compromised. In light of the current situation, and to be able to meet the challenges of the future, Loch Lomond Villa is launching a crucial capital campaign to raise the much - needed funds to rebuild and refurbish its Dogwood Lane nursing unit.The target of this major campaign is fixed at $2 million. A Day's Outing 07�e ,S#zt 4 emmwaaV 1 s Loch Lomond Villa's mission is twofold: to provide the highest possible quality of care and service through a firm commitment to ensuring the dignity and social, spiritual, psychological and physical well -being of residents to consistently pursue excellence and continuously improve its ability to deliver personalized holistic care in partnership with the community In conjunction with its mission, Loch Lomond Villa's motto is: Bringing quality to life through quality service. Affordable Independent Living Loch Lomond Villa was designed to provide appropriate accommodations for seniors with a varied range of needs and aspirations. For those not requiring regular assistance, the complex houses a variety of bachelor, one- bedroom and two- bedroom apartments for affordable independent Iiving.These are complemented by a full range of services and amenities, including stimulating activities and entertainment, laundry facilities,a chapel offering multi - denominational services, and even a fully stocked country store right on the premises. Independent seniors may choose to either, prepare their own meals and dine in their apartments, or to take full advantage of convenient and nutritious cafeteria services available seven days a week. Specialized Assisted Living For those who are less independent, Loch Lomond Villa offers daily assistance with such things as meals and housekeeping. Such assistance alleviates the burden of tiresome or overly challenging daily chores and provides residents with more time to do the things they really enjoy in the relaxed company of others. Each apartment is also equipped with emergency call buttons to notify neighbours when a resident needs help. Building on our commitment to our seniors 14 Nursing Care With over 40% of Loch Lomond Villa's seniors requiring some form of nursing care, the complex has six nursing wings dispensing three different levels of resident care. Two of those wings comprise a 34 -bed Alzheimer's unit and a 19 -bed psycho - geriatric unit. In fact, Loch Lomond Villa is the only seniors' residence in Region II to provide this type of highly specialized care and support. Wellness Centre In line with its "everything under one roof" approach to seniors care, one of the Villa's most appreciated and comforting amenities is its Wellness Centre, a medical clinic open throughout the week to dispense a varied range of health services. Here, a registered nurse is available Monday through Friday to respond to emergencies and see residents by appointment.The Centre offers ongoing blood pressure and blood sugar monitoring,and foot care clinics are held regularly. In addition, residents can take advantage of the services of a physician when needed and receive assistance with referrals to dentists, hearing specialists, occupational therapists and dieticians. Seniors Outreach Program Not only is Loch Lomond Villa committed to meeting the varied needs of the residents living under its roof, but it is also dedicated to enriching the lives of older adults within the community at Iarge.Through its comprehensive Outreach Program, Loch Lomond Villa offers an array of structured therapeutic, recreational and socialization activities to help seniors maintain and /or restore their physical, psychological, spiritual, social and emotional well- being. Cruising in the Villa Van The program provides a wealth of opportunities to seniors from the community to visit the Villa and enjoy a varied range of diversions such as cooking, exercise, crafts and games. In so doing, the participants are able to make new friends and benefit from the satisfying feeling of belonging to a group. As well, the program offers a warm and caring environment for those suffering from Alzheimer's, dementia or other disabilities. It also provides companionship for those who may be socially isolated, along with much - needed emotional support and relief for family members and caregivers. Through all of these varied services and programs, Loch Lomond Villa has stood as a vital resource and played a pivotal role in assuring the welfare and quality of life of the community's most elderly citizens — men and women so in need of quality care in their later years. Loch Lomond Villa's fine tradition of caring must be able to continue unhindered. Adapting to Changing Needs Currently one of the complex's largest nursing units, Loch Lomond Villa's Dogwood Lane was originally designed as a hostel where fully autonomous seniors essentially rented rooms and came and went freely without the need for any specialized care or ambulatory equipment. Over the years, however, as the population of older and frailer seniors has grown, their requirements have also changed dramatically, with many more of them now needing much higher levels of nursing care. In response to these needs, Loch Lomond Villa's Dogwood Lane was assigned a new role as a nursing unit. While this reassignment has served to provide beds and care for those in the fastest growing segment of the senior's population, the wing has never been adequately adapted to ensure that this clientele is able to receive the Looking forward to her new home highest level of service possible, and safety has become a crucial concern for both residents and staff alike. From a privacy perspective, Dogwood Lane now offers very few private rooms. In fact, although the current nursing home standard in New Brunswick is a ratio of 80% private rooms to 20% semi - private, within Dogwood Lane that ratio stands at 2% private to 98% semi - private. Of greater concern, however, are various issues related to space. Building on our commitment to our seniors 16 Not originally intended to accommodate its' current clientele, Dogwood Lane's overall spatial configuration is simply too small to allow for the provision of optimal comfort and convenience for its residents. For example, the unit's corridors and passageways are so narrow that there is insufficient room to allow two residents in wheelchairs to pass at the same time. The size of residents' bedrooms also falls short of current standards; the dining area can only accommodate about 75% of the unit's residents at a time; and activity /sitting areas are non- existent.These space restrictions are having a major impact on the quality of life of the residents of Dogwood Lane, but the issue of greatest importance is that of safety. With most of the seniors in the unit requiring some degree of assistance to get around — many using walkers or confined to wheelchairs — in the case of an emergency, the quickest way of evacuating severely debilitated residents from their rooms would be to wheel them out in their beds. However, this would currently not be possible due to the narrowness of the doorframes, Moreover, a growing number of Dogwood Lane residents, families and staff are feeling the effects of the shortage of space in the form of accidents and injuries.There is often insufficient space in bedrooms for residents or employees to position themselves appropriately to safely transfer from the bed to a chair. Nursing Homes are funded under Family and Community Services within the Provincial Government. Loch Lomond Villa diligently lobbies government for additional funding, for much needed renovations to upgrade our facility in order to improve safety for our residents, families and staff. These problems of insufficient space have reached such critical proportions that effective solutions must be implemented now to bring Dogwood Lane up to an improved standard, thereby improving quality of life, as well as assuring the safety, comfort and well -being of residents, families and staff. Friendships abound In order to resolve the existing shortcomings of the Dogwood Lane nursing unit, Loch Lomond Villa's Board of Directors engaged the services of a local architectural firm and a team of mechanical and electrical consulting engineers to examine the facility thoroughly and recommend an effective plan of action.The results of their study call for major renovations to the aging unit, which will see its complete reconfigu ration, expansion and refurbishment. Following is an outline of the proposed renovations and subsequent funding required to upgrade Dogwood Lane to 2005 standards and improving the Quality of Life for our residents. Expansion and Renovation: $860,000 The architectural plan calls for radical changes to be made to the existing unit in the form of extensive renovations and new construction. When completed, Dogwood Lane will increase in area from 14,240 square feet to 19,185 square feet.The design solution will incorporate the requirements of the current National Building Code of Canada and will bring the facility into conformity with today's Nursing Home Services standards. More specifically, the new Dogwood Lane will include 38 single rooms and 6 double rooms, along with a range of ancillary facilities. Bedrooms will feature built -in wardrobes, and the unit will be painted and refitted with new flooring and soundproofed walls throughout. In addition, several new sitting /activity areas will be available. On the exterior, the envelope upgrade of the renovated portion will include new windows and roofing. All in all, the expansion and renovation project will serve to dramatically improve the functionality of Dogwood Lane, and thus, the physical and psychological well- being, safety and security of residents, staff and families alike. Systems Upgrades: $600,000 The renovation and expansion of Dogwood Lane will require extensive modifications and upgrades to existing systems to reflect the new architectural layout. In addition to the need for a completely new plumbing system, a full upgrade of the hot water heating system will also be required, with individual zone /temperature controls to be installed. Moreover, the existing Building Management Control system will be modified and expanded to accommodate the additional controls. The renovation and expansion calls for extensive modifications and additions to the current ventilation system as well, including air - conditioning capability in certain designated areas of the upgraded unit. Finally,the fire protection system will be modified to suit renovated areas and extended to the areas of new construction. Building on our commitment to our seniors 18 Electrical Upgrades: $510,000 Required electrical upgrades will include new power distribution, branch wiring, receptacles, energy - efficient lighting, nurse call, fire alarm and security, communications and electrical services for the Heating, Ventilation and Air - Conditioning (HVAC) system.The nurse call system will bean audio - visual integrated type with pocket paging and portable telephone interface, while the fire alarm system will be upgraded to addressable type using digital technology. Courtyard: $30,000 In conjunction with the new construction, the architectural plan calls for the creation of a fully contained, climate - controlled and secure courtyard for the use and enjoyment of residents and their families.This new courtyard will feature both hard - surfaced and attractively landscaped areas. TOTAL: $2,000,000 A Final Word from the Chief Executive Officer - Cindy Donovan, R.N., B.N., M.S.A. "For over 30 years, Loch Lomond Villa has taken great pride in being much more than just a building complex, providing a warm, secure and caring environment where seniors have access to first -rate services and programs that foster their physical, psychological, spiritual and social well -being and allow them to live their retirement years to the fullest. However, given the ever - growing number of seniors requiring nursing home placement today, we must ensure that we have the facilities and resources in place to effectively continue to meet their needs. That is why we have decided to embark upon our major capital campaign. By contributing generously to our capital campaign, donors will enjoy the tremendous feeling of satisfaction that comes from knowing they are helping to meet a vital need within our community at large — a need which we may encounter at some point in time." Cindy Donovan, CEO 'Just because we live in a Nursing Home, doesn't mean we don't have dreams too." - Betty Garnett, Nursing Home Resident Q: What is the Loch Lomond Villa and who does it serve'. A: The Loch Lomond Villa is New Brunswick's largest seniors non - profit residence licensed by the Minister of Family and Community Services of New Brunswick and accredited by the Canadian Council on Health Services Accreditation. The Villa is regulated by the Nursing Homes Act and has been operating for over 30 years. Loch Lomond Villa accommodates approximately 475 seniors, of which, 196 require various levels of nursing care. The Villa serves the population of Saint John and all of New Brunswick. Q: What are the services offered by the Loch Lomond Villa? A: We aim to offer the most comprehensive services as well as specialized care. In terms of specialized care, the Villa offers affordable independent living, specialized assisted living, nursing care, wellness centre and a senior's outreach program. The Villa has a 34 -bed Alzheimer unit and a 19 -bed psycho - geriatric unit. The Villa also provides palliative care. Care for human beings cannot be reduced to caring for a person's body. Health must be envisaged from a broader perspective that encompasses the physiological aspects first and foremost, as well as the intellectual, psychological and spiritual dimensions of the person. Q: Why does the Loch Lomond Villa need a major fund raising campaign? A: Loch Lomond Villa's nursing unit (Dogwood Lane) was originally built as a wing to accommodate autonomous seniors. The population of frailer citizens has grown and therefore the need for specialized care and ambulatory equipment. The unit now needs to be renovated to accommodate the needs of this new clientele. For example the corridors need to be widened to allow two wheelchairs to pass at the same time; door frames need to be widened to allow movement of specialized equipment throughout the unit; bedroom sizes fall well below the current standards; sitting areas do not currently exist. These and other needs for the unit will have an important impact on the quality of life for our residents and most importantly is the issue of safety. Q: What is the financial objective of the major fund raising campaign? A: The campaign's financial objective is to raise $2,000,000. Q: Who is being invited to contribute to the major fund raising campaign? A: Besides the contributions made by members of the Foundation's and the Villa's boards of directors and the Villa staff we will be soliciting the support of friends, local merchants, regional and national companies, business people, private foundations, religious institutions, families, and any person who wants to support the Loch Lomond Villa's cause. Q: Are donations tax deductible? A: Yes. An official tax receipt will be sent to you. Q: Can a donation be spread over a number of years? A: Yes. Donors who wish to do so may spread their contribution over a period of five years, and the Loch Lomond Villa can then count on support that is more substantial. Payments may be made by cheque, Visa or money order. Q: Is there some form of recognition for gifts? A: Loch Lomond Villa Foundation has set up a Donor Recognition Program that offers various forms of recognition in accordance with the level of the gift. Q: How can I obtain further information about the Loch Lomond Villa major fund raising campaign? A: Don't hesitate to contact: Ms. Cheryl Simonds, Campaign Director Loch Lomond Villa Foundation, 185 Loch Lomond Road, Saint John, New Brunswick E2J 3S3 Tel: (506) 643.7170 Fax: (506) 643.7703 E- mail: csimonds @lochlomondvilla.com Besides the rightful joy and pride a donor feels in helping Loch Lomond Villa by contributing to the fundraising campaign, such generosity also deserves recognition. To honor the generous donors who have taken part in the fundraising campaign, Loch Lomond Villa, has created the following donor recognition program. Part 1: Dedication of an area of Loch Lomond Villa Loch Lomond Villa offers exceptionally generous donors the privilege of having an area in the Villa dedicated to them. These donors may identify an area in or outside the Villa, with a plaque bearing the name of their company, organization or foundation, their own name or that of another person of their choice. This privilege is reserved for donors who give $15,000 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. Courtyard (I) The dedication offered to a donor will last a maximum of 20 years. After that period, if another fundraising campaign is needed or the current dedications have to be altered, the donor will have first perogative to renew or change the dedication (following an additional contribution). The donor may also choose to withdraw. DOGWOOD LANE AREA GIFT AMOUNT Including a Partner name for Dogwood Lane • Add a Corporate, individual or Foundation name to appear as 's Dogwood Lane. $250,000 • Individual Wall plaque in Dogwood Lane • Main Entrances (2 signs) Courtyard (I) $100,000 Dining Room (1) $100,000 Sitting Rooms (2) $75,000 Double Rooms (6) $50,000 Single Rooms (33) $15,000 (or more) Part Z: Other privileges reserved for Donors Loch Lomond Villa also offers donors a range of privileges according to the amount of the donor's contribution to the fundraising campaign. The following table indicates the kinds of privileges offered. DONORS Less than $1,000 to $5,000 to $201000 $50,000 $1,000 $4,999 $19,999 to $49,999 and over I Official Tax Receipt X X X X X Mention once in Loch Lomond Villa's X X X X X Annual Report Invitation to the closing ceremony of X X X X X the major fundraising campaign Invitation to the new wing's X X X X X inaugural ceremony Inscription in the Honorary Donor Book X X X X X Inscription on the Donor Wall X X X X Invitations to certain special events X X X X at the Villa Public mention of the gift in newspapers X X X One use of the Lion's Auditorium free X X of charge (pending availability) Personal guided tour of the new building X -by the Loch Lomond Villa's CEO Any donors who prefer not to have their identity or the amount of their gift divulged, will have their wishes respected by all. Major Fundraising Campaign Loch Lomond Villa Foundation 185 Loch Lomond Road LOCH LOMOND Saint John, New Brunswick E2J 3S3 Villa Tel: (506) 643 -7170 FOUNDATION Fax: (506) 643 -7703 I support the major fundraising campaign for the Loch Lomond Villa Foundation, and I pledge to give the total sum of $ 1) This contribution will be pledged over a period of: years, commencing: ❑ First instalment enclosed 2) Automatic withdrawal from my bank account: I authorize my financial institution to withdraw from my bank account the sum of $ every 15th day of the month as of (month). (Annex to this form a cancelled cheque): Account Number Name: Organization: _ Address: Postal Code: Telephone: Signature: Financial Institution Province: (home) Date: ❑ 1 authorize you to publicize my name and the amount of my contribution. ❑ 1 authorize you to publicize my name, but not the amount of my contribution. ❑ I prefer my name and the amount of my contribution remain confidential. Please make your cheque payable to: Loch Lomond Villa Foundation All gifts are tax deductible as permitted by law Registration Number: 89243 1966 RR0001 (office) Application for a Zoning By -law Amendment 1 Demande de modification a 1'arrke' sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Hughes Surveys & Consultants Inc. on behalf of Barsa Ventures Ltd. Mailing Address of applicant / Addresse postale du demandeur 162 Charlotte Street Saint John, NB Postal Code / Code postal E2L 2J7 Telephone Number / Numaro de telephone 634 -1717 Home / Domicile Work / Travail Fax Number / Numbro de telecopieur 634 -0759 Name of Property Owner (if different) / Nom du proprietaire (si different) Barsa Ventures Ltd. Address / Adresse 1701 Red Head Road, Saint John NB Postal Code / Code postal E2P 1K5 Property Information / Renseignements sur la propriete Location / Emplacement On a Future Extension of Cambridge Drive 55167530 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de Is propriete Vacant Land Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Low Density Residential Amendment Requested / Modification demandee High Density Residential Present Zoning / Zonage actuel ❑ Change Zoning to / Modification du zonage a RM2 with Section 39 Conditions and /or / on ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) Amendment to the Millidgeville Secondary Plan is required. Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition The proposal is to create 2 areas to be zoned Townhouse and RM -2 The proposal for the area indicated as Townhouse (TH) is to develop the property with a mixture of one family two family and Townhouse units. This would be an extension to the area presently zoned TH lying immediately north of the subject site. Many of the units in this area will have a commending view of the Kennebecasis River and lower Saint John River. The value of units in this area are expected to be higher than those that are or will be, developed in the areas previously rezoned by Barsa Ventures Ltd The proposal for the areas indicated as RM -2 is to create an area on the property for future high - density residential development The site that has been chosen is on a ridge that will have views of the Kennebecasis River and Lower Saint John River in the vicinity of Grand Bay. Specific plans of the proposed buildina/ buildings have not been prepared at this time. It is the owner's desire to obtain an approval in principal of the concept and rezone the property with a condition that specifics of the building style architectural details and specific site development information would be provided at a later date We propose that a further approval would be required as a statutory amendment to the rezoning at the time of actual development You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form ofinformation. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site d 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des pholographies, des plans de b@timent, des dessins de plan d'eleva am et toute autre forme de renseignement. Le plan dolt tndiquer les dimensions de la propriete, !'emplacement de la totalite der biliments, des allees, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. It est important d'indiquer In distance entre les limites de to propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement ooncernant votre proposition qui pourrait dtre approuvees. The developer of the property is in the process of completing a long-range business plan and marketing strategy for the property. In order to reach the upper plateaus of the property a substantial investment must be made. The areas of the higher plateaus are also extremely rugged rocky conditions which will further challenge the profitability of the project. To offset the future developmmnt cost the developer proposes to increase density for a portion of the site Additional green space will be retained around this area so the overall density will remain well within the parameters set out for this area To assure maximum value the developer will maintain a very high guality development for the future project High end condominiums or luxury anartrnents are the likely niarkeL These principles are supported in the Millidgeville Secondary Plan. The Millidgeville Secondary Plan also supports a wide range of housing stock available and diversity in housing types Attached is a summary of excerots from the Millidgeville Secondary Plan that we believe support this proposal It is important to note that the overall site density will be comparable to that of Intensity 4. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre able. The developer of this site has committed to a fifteen to twenty year project which is a substantial commitment to the City of Saint John and the Millidgeville community. Long range planning is necessary to assure viability of the project as it goes forward Within the next five years the developer intends to make substantial upfront investment therefore knowing the long range prospects of the property is essential. A plan showing the overall development site densities and potential access points are included for consideration. This information is provided so any potential Section 39 conditions that may be required can be considered within the context of the developer's long range vision Signature of Applicant / Signature du demandeur Date ❑ $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question St vous n'e7es pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire daps la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette dernMre psooit4e-x�am,�inee par le conseil communal. Signature of Owner (if applicable) WAN Signature due proprietaire (s'il y a lieu) Date: alZ23106 Pertinent Excerpts from Secondary Plan Section 1.3 (1) To enhance the physical, social and economic well -being of residents through the reservation, creation and maintenance of a high quality mixed residential and institutional environment. The development of a proposed high -end condominium/apartment complex will allow more options for aging citizens and young professionals to remain in the Millidgeville area as their housing needs change and for new residents who choose Millidgeville as their preferred location. In the area requested to be rezoned TH, development will be similar in style to the neighbouring developments to the north which have proven to provide a successful housing alternative. Section 2.1.2 (5) To preserve natural forest and vegetation where possible and to blend natural features with the built form of new developments. Construction and development design will occur in such as manner as to preserve and enhance much of the local topography. Due to its unique geographical characteristics, the escarpment will remain in its natural state and will be dedicated as Land for Public Purposes. The condominium/apartment complex will be built at the high point of the local ridge. Natural areas on all slopes around the proposed high density residential area will be maintained. Section 3.3 (3) Generally, as development costs increase, due to excessive slopes and/or proximity of bedrock, then the density should be allowed to increase accordingly. In this manner it will be possible to design a residential density which allows a reasonable return on investment in accordance with the installation costs of services and roads. This is rc�flected in the intensities for each Development Area and the densities for individual sites in each Development Area. The area is generally comprised of bedrock with little or no topsoil over much of the area. Bringing the connector road over the escarpment will be costly with little opportunity for housing units along a significant portion of the roadway. Section 3.3 (4) All development is to be implemented in a manner which maintains a sensitivity to the natural characteristics of the environment. In other words built form should relate to physical and natural features, and while "urban -le vet" standards should be strived, for, this should not be to the detriment of maintaining rural `ambiance ". The condominium/apartment complex will be either a brick or wood toned finish that will blend in with the natural environment. It will be of modem architectural design. � v u l R -2 TH Total area to be rezoned: TH = 7.4 ha t RM -2 = 4.7 ha t Area Dwellings/Iiectam DmAy CompWAIe to Planned Area orcwnbndge Estates — L I Intensity 4 Area to be rezoned 111 'n Intensity 4 Area to be rezoned RM -2 42.5 hitemty 5 _ Overall Site 13.32 Int 4 AREA TO BE REZONED \ AREA 7.4 ha (IS ae) c AREA TO BE REZONED RM -2 AREA 4.7 ha (11.6 ac) iet b�sm Sbrt HUGHES Ei U7 TMhPM1 : (0 )W] 1717 _ ya,Elgs fec (�)eJ -070p E- : h"hu011�. Plan Showing Potion of Bono Venftmes Ltd. Properties to be rezoned, Boon Head Road, MY of Saint John, New Brunswick 100 0 100 no 3W 400 1:5000 ,h,y„ 500537( PROPOSED MUNICIPAL PLAN AMENDMENT PORTION OF CAMBRIDGE ESTATES AREA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: PROJET DE MODIFICATION DU PLAN MUNICIPAL VISANT UNE PARTIE DU LOTISSEMENT CAMBRIDGE ESTATES Avis public est donne, par la prdsente, que le conscil communal de The City of Saint John a Pintention d'e'tudier la modification du plan d'am6nagement municipal comme suit: Redesignate on Schedule 2 -A of the Plan, from 1 Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, as illustrated below. 2. Amend Exhibit 3 -1 in Section 3.2 of the 2. Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area D, and replace it with the numbers "5 & 6 ". 3. 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 ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." la reclassification, a Pannexe 2 -A du plan, d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situe'e au sud du ehemin Boars Head et a l'ouest de Pavenue Millidge, afin de modifier le zonage pour la faire passer de zone residentielle a faible densite a zone residentielle d forte densite, tel qu'il est precise ci- dessous: la modification du tableau 3 -1 de Particle 3.2 du plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : seeteurs d'am6nagement) par la suppression du num6ro u 5 », sous la rubrique « Intensity future du secteur d'amdnagement >> relativement au secteur d'am6nagement < D », et son remplacement par les num6ros « 5 et 6 »; 3. la modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AM$NAGEMENT : projets et propositions relatifs au secteur d'am6nagement << D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxiyme paragraphe sous la rubrique a Th6matique et caract6ristique de Pamdna ee ment » : «Un melange r6sidentiel a intensite' d'usage n° 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en range'e et des immeubles a logement, peut 6galement titre amdnage sur les terrains dlev6s situes en direction sud. >> (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the subject area to be developed with a mix of one - family dwellings, two - family dwellings, townhouses and apartments. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 29, 2006. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk 658 -2862 (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu fors de la reunion ordinaire du conseil communal le lundi 27 fevrier 2006 dans la salle du conseil de 116tel de ville, an niveau du hall d'entree. MOTIF DE LA MODIFICATION: Permettre que I'am6nagement du secteur en question comprenne one combinaison d'habitations unifamiliales et bifamiliales, de maisons en range'e et d'immeubles a logement. Veuillez faire part au conseil par 6crit de vos objections an projet de modification au plus tard le 29 mars 2006 a ]'attention du soussigne. Pour toute demande do renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du developpement 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 f6ri6s. J. Patrick Woods, Greffier communal 658 -2862 _4111111 e Woodward Avenu r R �.k l - lac Robertson Lake City of Saint John INTERNAL INSERTION ORDER For City Bud et of Saint John use only: Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) _ Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, February 14, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Common Clerk's Office Bureau du greffier communal weer ,saintjohn.ca February 8, 2006 / 8 fevder 2006 P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4Ll Barsa Ventures Ltd. c/o Hughes Surveys & Consultants Inc. 162 Charlotte Street Saint John, N.B. E2L 2J7 Dear Sir: Re: Cambridge Estates Monsieur, Objet: Cambridge Estates y Over � _f Enclosed is a copy of the Public Vous trouverez ci- annexee une copie de Notice regarding a proposed 1'avis public relatif a une modification Municipal Plan amendment for envisagee au plan municipal en vue de la redesignation of the above redesignation de la propriete ci- dessus. property. Following the date for the receipt of objections, namely, March 29, 2006, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, (� �� J. atrick Woods Common Clerk / Greffier communal JPW /jaf Apres la date de reception des objections, c'est -a -dire le 29 mars 2006, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique et demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, 1'expression de nos sentiments distingues. City of Saint John INTERNAL INSERTION ORDER For City Bud et of Saint John use only: Number: 110 0801 442 2010 De artment: Common Clerk's Office (Account #71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad "SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, April 25, 2006 Tuesday, May 16, 2006 Datc(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Text: ® Call to Action: Public Notice Contact: Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: PORTION OF CAMBRIDGE ESTATES AREA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 23, 2006 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, as illustrated below; 2. Amending Exhibit 3 -1 in Section 3.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area D, and replacing it with the numbers "5 & 6 "; 3, Amending 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 ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRE'TE SUR LE ZONAGE VISANT UNE PARTIE DU LOTISSEMENT CAMBRIDGE ESTATES Avis public est donne par la pre'sente, que le conseil communal de The City of Saint John a Pintention d'dtudier les modifications suivantes du plan d'am6nagement municipal et de I'arrete' sur le zonage de The City of Saint John, an eours de la seance ordinaire du conseil pre'vue le mardi 23 mai 2006 a 19 h dans la salle du conseil : 1. la reclassification, a 1'annexe 2 -A du plan d'ame'nagement municipal, d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situde an sud du chemin Boars Head et a Pouest de Pavenue Millidge, afin de modifier le zonage pour la faire passer de zone residentielle de foible densite a zone residentielle d forte densite , tel qu' it est prdcise ci- dessous ; 2. la modification du tableau 3 -1 de Particle 3.2 du plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AME`NAGEMENT : secteurs d'amenagement) par la suppression du numdro « 5 », sous la rubrique a Intensitd future du secteur &amdna eg ment» relativement au secteur d'am6nagement « D )>, et son remplacement par les numdros « 5 et 6 » ; 3. la modification de Iarticle 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'amdnagement « D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxidme paragraphe sous la rubrique «Th6matique et caracteristique de I'amdna eg ment n : u Un mdlange re'sidentiel a intensitd d'usage n° 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en rangde et des immeubles a logement, peut 6galement titre ame'nag6 sur les terrains 4. Rezoning the same parcel of land from "R -2" One and Two Family Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential. (INSERT MAP) REASON FOR CHANGE: To permit the subject area to be developed with a mix of one - family dwellings, two- family dwellings, townhouses and apartments. The proposed amendments 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 amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 eleves situes en direction sud. >> 4. la modification du zonage de la parcelle de terrain precitee pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales <<R -2>> a zone de maisons en rangee TH >> et zone de tours d'habitations i logements multiples <<RM -2». (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre que l'amenagement du secteur en question comprenne une combinaison d'habitations unifamiliales et bifamiliales, de maisons en rangee et d'immmeubles a logement. Toute personne interestee pent examiner les modifications propose'es au bureau du greffier communal ou au bureau de l'urbanisme et developpement a Photel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire par de vos objections aux projets de modification proposes par ecrit a 1'attention du soussigne a I'h8tel de ville. J. Patrick Woods, Greffier communal 658 -2862 \a�rllT�,nL lac Robertson Lake PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: PORTION OF CAMBRIDGE ESTATES AREA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 23, 2006 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, as illustrated below; 2. Amending Exhibit 3 -1 in Section 3.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area D, and replacing it with the numbers "5 & 6"; 3. Amending 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 ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." 4. Rezoning the same parcel of land from "R -2" One and Two Family Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential. (INSERT MAP) REASON FOR CHANGE: To permit the subject area to be developed with a mix of one - family dwellings, two - family dwellings, townhouses and apartments. The proposed amendments 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 amendments may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 ---—-—-——————---- --—------———-—---- — - — - -- PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE VISANT UNE PARTIE DU LOTISSEMENT CAMBRIDGE ESTATES Avis public est donne par la presente, que le conseil communal de The City of Saint John a ('intention d'etudier les modifications suivantes du plan d'amenagement municipal et de Parrete sur le zonage de The City of Saint John, an cours de la seance ordinaire du conseil pre'vue le mardi 23 mai 2006 a 19 It dans la salle du conseil : 1. la reclassification, A I'annexe 2 -A du plan d'amenagement municipal, d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situee au sud du chemin Boars Head et A I'ouest de I'avenue Millidge, afin de modifier le zonage pour la faire passer de zone residentielle de faible densite A zone residentielle d fore densile , tel qu'il est precise ci- dessous ; 2. la modification du tableau 3 -1 de Iarticle 3.2 du plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : secteurs d'amenagement) par la suppression du numero << 5 », sous la rubrique a Imensite future du secteur d'amenagement>> relativement an secteur d'amenagement << D », et son remplacement par les nume'ros << 5et6»; 3, 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'amenagement u D )) : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxie'me paragraphe sous la rubrique a Thematique et caracteristique de I'amenagement » : a Un melange re'sidentiel a intensite d'usage ri 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en rangee et des immeubles A logement, pent e'galement titre amenage sur les terrains eleves situes en direction sud. >> 4. la modification du zonage de la parcelle de terrain precitee pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone de maisons en rangee « TH >> et zone de tours d'habitations A logements multiples <<RM -2». (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre que 1'amenagement du secteur en question comprenne one combinaison d'habitations unifamiliales et bifamiliales, de maisons en rangee et d'immmeubles a logement. Toute personne interessee peut examiner les modifications proposees au bureau du greffier communal ou au bureau de l'urbanisme et developpement a Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire par de vos objections aux projets de modification proposes par ecrit a ('attention du soussigne A I'hotel de ville. J. Patrick Woods, Greffier communal 658 -2862 Common Seal of the said City to be affixed present arrete le to this by -law the * day of *, A.D. 2006 signatures suivantes: and signed by: Mayor /Maire Common Clerk/Greffier communal First Reading - Premi6re lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 2006, avee les BY -LAW NUMBER C.Y. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3`d day of January, A.D. 2006 is amended by: 1 Redesignating on Schedule 2 -A of the Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530. 2 Amending Exhibit 3 -1 in Section 3.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area D, and replacing it with the numbers "5 & 6" 3 Amending 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 ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." - all as shown on the plan attached hereto and forming part of this by -law. ARRETE N° C.P. 105 - ARRETE MODIFIANT L'ARREP A RELATIF AU PLAN MUNICIPAL Lots d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arr6te relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie' par : 1 la reclassification, a I'annexe 2 -A du plan, d'une parcelle de terrain d'une superficie approximative de 12 hectares, situee au sud du chemin Boars Head et a Pouest de Favenue Millidge, et e'tant une partie du NID 55167530, afin de modifier le zonage pour la faire passer de zone r' identielle a foible densW a zone es residentielle d forte densite. 2 la modification du tableau 3 -1 de Particle 3.2 du plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : secteurs d'amenagement) par la suppression du nume'ro u 5 », sous la rubrique o Intensite future du secteur d'amena eg, ment» relativement au secteur d'amenagement a D », et son remplacement par les numbros u 5 et 6 v. 3 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'amenagement o D >>: chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxie'me paragraphe sous la rubrique a Thematique et caracteristique de I'amenagement >): u Un melange residentiel a intensite d'usage n° 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en rangee et des immeubles a logement, peut egalement titre amenage sur les terrains eleves situe's en direction sud. u - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arr6te'. IN WITNESS WHEREOF The City of EN FOI DE 0001, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le 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 with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, from "R -2" One and Two Family Residential to "TH" Townhouse and "RM- 2" High Rise Multiple Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE N° C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de I'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situee an sud du chemin Boars Head et a Fouest de I'avenue Millidge, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone de maisons en rangee << TH » et zone de tours d'habitations d logements multiples <<RM -2». - 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 2006, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Common Clerk's Office Bureau du greffier communal �www.saintjohn.ca April 10, 2006 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.O. Box /C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment — Cambridge Drive A Public Presentation was made on February 27, 2006 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan from Low Density Residential to High Density Residential a parcel of land with an area of approximately 12 hectares located south of Boars Head Rd. and west of Millidge Ave., being identified as PID Number 55167530, and by amending exhibit 3 -1 in Section 3.2 of the Millidgeville Secondary Plan by deleting the number "5" under the heading, "Future Development Area Intensity ", for Development Area D, and replacing it with the numbers 115 & 6 "; and by amending Section 3.4.4 of the Secondary Plan, Development Area Guidelines, Projects and Proposals — Development Area D: Boars Head Rd., by adding the following sentence at the end of the second paragraph under "Development Themes /Characters": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south ", all as illustrated on the submitted plan . The purpose is to permit the development of a mixture of one and two family townhouse and apartment buildings. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, May 23, 2006 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, f Elizabeth Gormley v Assistant Common Clerk Attachment Common Clerk's Office Bureau du greffier communal ww w. saintjohn. ca April 26, 2006 Barsa Ventures Ltd. C/o Hughes Surveys 162 Charlotte Street Saint John, NB E2L 2J7 Dear Sirs: P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1` The city of saint john & Consultants Ltd. RE: CAMBRIDGE DRIVE At a meeting of the Common Council, held on April 10, 2006, the following resolution was adopted, namely: - "RESOLVED that the application for a Municipal Plan and Zoning By -law amendment for Cambridge Drive be referred to the Planning Advisory Committee for a report and recommendation." Enclosed is a copy of the Public Notice in this regard. Yours truly, P l 0�-v Patrick (� Woods Common Clerk JPW /slc Enclosure May 18, 2006 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning Portion of Cambridge Estates Area On April 10, 2006, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 16, 2006 meeting. Rick Turner, Hughes Surveys & Consultants Inc., and Kemal Debly of Barsa Ventures Ltd. attended the meeting on behalf of the application. Mr. Turner described the proposal and expressed agreement with the recommendation in the report. No other persons attended the meeting; however, a number of letters were received (copies attached). After considering the matter, the Committee adopted the recommendation in the attached report. RECOMMENDATION: 1. That Common Council amend the Municipal Development Plan by: a) redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530; b) amending Exhibit 3 -1 in Section 2.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area IntensitX" for Development Area D, and replacing it with the numbers "5 & 6 "; c) amending 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 Planning Advisory Committee May 18, 2006 Page 2 following sentence at the end of the second paragraph under the heading "Development Theme /Character ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." 2. That Common Council rezone the same parcel of land from "R -2" One and Two Family Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of that portion of the subject site to be zoned "RM- 2" High Rise Multiple Residential, having an area of approximately 4.7 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, with a high density residential development be subject to the following conditions: a) the density of development shall not exceed 42.5 dwelling units per hectare (i.e. 200 units); b) the height of any building shall not exceed five storeys plus basement parking level; c) the site shall not be developed except in accordance with detailed plans, illustrating the location of buildings and structures, vehicular access, parking areas, landscaping, building height, elevation views and exterior building materials, which shall be prepared by the applicant and submitted for approval by Common Council as a statutory amendment to these conditions, and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Comment [M01]: Page: 1 Please place PAC Letterhead in the manual tray. Respectfully submitted, Philip Hovey Chairman RGP /r Attachment Project No. 06 -114 DATE: MAY 12, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 16, 2006 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Name of Owner: Barsa Ventures Ltd. Location: Portion of Cambridge Estates Area (File: 345 Boars Head Road) PID: Part of 55167530 Municipal Plan: Existing: Low Density Residential Proposed: High Density Residential Millidgeville Secondary Plan: Development Area "D ": Boars Head Road Zoning: Existing: "R -2" One and Two Family Residential Proposed: "TH" Townhouse and "RM -2" High Rise Multiple Residential Proposal: To permit the subject area to be developed with a mix of one - family dwellings, two - family dwellings, townhouses and apartments. Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 2 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 Type of Application: Municipal Plan Amendment and 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 Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, May 23, 2006. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Development Plan by: a) redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530; b) amending Exhibit 3 -1 in Section 2.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area D, and replacing it with the numbers "5 & 6"; c) amending 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 ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." 2. That Common Council rezone the same parcel of land from "R -2" One and Two Family Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of that portion of the subject site to be zoned "RM -2" High Rise Multiple Residential, having an area of approximately 4.7 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, with a high density residential development be subject to the following conditions: Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 3 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 a) the density of development shall not exceed 42.5 dwelling units per hectare (i.e. 200 units); b) the height of any building shall not exceed five storeys plus basement parking level; c) the site shall not be developed except in accordance with detailed plans, illustrating the location of buildings and structures, vehicular access, parking areas, landscaping, building height, elevation views and exterior building materials, which shall be prepared by the applicant and submitted for approval by Common Council as a statutory amendment to these conditions, and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. BACKGROUND: On September 16, 2002, Common Council rezoned the subject site from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential as part of its approval of the larger Cambridge Estates residential development. At the same time, Council rezoned other portions of the Cambridge Estates area, lying to the north of the subject site to "TH" Townhouse and "R -2" One and Two Family Residential. The subdivision is now being developed in phases, starting with the first portion of Cambridge Drive, off Boars Head Road near the Wesleyan Church. The Committee had recommended approval of the rezoning and subdivision at its September 4, 2002 meeting. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this rezoning for residential subdivision development. The department does have a concern that as the development goes further up the hill water pressures will decrease to the point where a booster pump may become necessary. This is also the case on the Forbes Drive extension to the southeast. Building and Technical Services has no concerns regarding the proposal. Saint John Transit advises that high density residential provides transit with improved potential for passengers. The Millidgeville area is currently well serviced by transit. Consideration of bus lay -bys in high density residential areas can improve transit viability. Saint John Energy advises that it has service in this area and has been involved with Barsa Ventures Ltd. and Four Star Leasing Ltd. with their developments. Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 4 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 Aliant Telecom advises that it has no issues at this time with the proposed rezoning. Any facilities issues will be discussed with the developer and coordinated jointly with Saint John Energy. Rogers has submitted no comments. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has submitted no comments. School Board has submitted no comments. ANALYSIS: Site and Neighbourhood The subject site is a rugged undeveloped area of approximately 12 hectares (30 acres) on the high land south of Boars Head Road and west of Millidge Avenue, as illustrated on the attached map. The site is part of the future development area of the Cambridge Estates subdivision, but is currently surrounded on all sides by undeveloped forested land. The elevation of the site ranges from approximately 46 metres (150 feet) above sea level at the northeast corner to more than 70 metres (230 feet) above sea level in the west - central area of the site. It is approximately 250 metres (820 feet) back from Boars Head Road at its closest point (northeast corner of the site) and approximately 600 metres (1,970 feet) west of the intersection of Millidge Avenue and Somerset Street. Immediately to the south of the site is the large area that was rezoned last year to a variety of residential zone categories for the Four Star Leasing Ltd. residential development, consisting of a mix of one - family, two - family, townhouse and apartment dwellings. NB Power's major power line corridor also passes to the south of the site, through the Four Star Leasing Ltd. property. The site is currently designated Low Density Residential on Schedule 2 -A of the Municipal Plan, and is part of "Development Area D: Boars Head Road" in the Millidgeville Secondary Plan. The current zoning of the site is "R -2" One and Two Family Residential. Proposal The applicant has proposed amendments to the Municipal Plan (including the Millidgeville Secondary Plan) and Zoning By -law that, if approved, would permit the development of the site with one - family dwellings, two - family dwellings, townhouses and apartments. The proposal is to create an area to be zoned "TH" Townhouse and a smaller area to be zoned "RM -2" High Rise Multiple Residential. The attached plans illustrate the proposal in a conceptual manner. Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 5 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 The "TH" area would be developed with a mixture of one - family, two - family and townhouse units. This would be an extension to the area currently zoned "TH" and lying immediately north of the subject site. These units would have views of the Kennebecasis River and lower St. John River and, consequently, the unit values are expected to be higher than those that will be developed in the initial phases of Cambridge Estates. The "TH" area will extend over the northerly and easterly portions of the subject site, comprising approximately two thirds of its area or 7.4 hectares (18 acres). The proposal for the area indicated as "RM -2" is to create an area on the property for future "high- rise" (i.e. more than three storeys) residential development. The area that has been chosen is in the southwest corner of the subject site on a ridge that will have views of the Kennebecasis River and lower St. John River in the vicinity of Grand Bay. This area occupies approximately one -third of the subject site or 4.7 hectares (11.6 acres). The detailed plans of the proposed apartments have not been prepared at this time. However, it is anticipated that the development will be in the form of luxury rental or condominium -style apartment buildings of no more than five storeys plus basement level indoor parking facilities. A total of 200 dwelling units are anticipated for the "RM -2" area. The applicant has submitted the attached profile view that illustrates the relationship between the site and Boars Head Road at the intersection of Cambridge Drive. It is the owner's desire to obtain an approval in principle of the concept and rezone the property with a condition that the specifics of the building style, architectural details, and specific site development information would be provided at a later date, as a statutory amendment to the conditions (i.e. as a Section 39 amendment). The applicant indicates that the developer of Cambridge Estates is in the process of completing a long -range business plan and marketing strategy for the property. In order to reach the upper plateaus of the property a substantial investment must be made. The areas of the higher plateaus are also extremely rugged rocky conditions which will further challenge the viability of the project. The proposed increased density will help to offset the future development cost. Additional green space will be retained around this area so the overall density of the area as a whole will remain well within the parameters set out for this area. The applicant has provided a summary of excerpts from the Millidgeville Secondary Plan that generally support the proposal. These are attached to this report. Proposed Amendments The Municipal Plan's policies for the area, as further refined by the development area guidelines of the Millidgeville Secondary Plan, currently provide for a mix of one and two - family dwellings for this area, with townhouses to be located closer to Boars Head Road. The Secondary Plan provides for a hierarchy of development "intensities" throughout the various development areas of Millidgeville, each of which describe both the density of development and the form of housing that should occur in the area. For Development Area D: Boars Head Road, the Secondary Plan Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 6 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 encourages development at "Intensity 5 ". The overall density of the applicant's proposal, including the "RM -2" area, is consistent with this intensity. However, Intensity 5 development does not include apartment -style dwellings. In order to permit the proposal, the Secondary Plan must be amended to also provide for "Intensity 6" development, which can include apartment development (see part 1(b) of the recommendation on page 2 of this report). A further amendment to the text of the Secondary Plan is proposed in order to provide for townhouse development that is further removed from proximity to Boars Head Road than originally envisaged by the Secondary Plan's development area guidelines. Section 3.4.4 of the Secondary Plan currently reads, in part: "Townhouses would be most appropriate along the Boars Head Road area nearest Millidge Avenue and on the northerly side of Boars Head Road. To prevent each unit having individual access onto Boars Head Road, the units should be located on cul -de -sacs or in clusters with one access to Boars Head Road for a group of units. The higher land to the south would be most appropriate for one family dwellings. The lower land in the northwest area is appropriate for a mix of one and two family dwellings." The proposed amendment (see part I (e) of the recommendation on page 2) would add an additional sentence to this paragraph, as follows: "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." These changes to the Secondary Plan, together with redesignation of the site to High Density Residential on Schedule 2 -A of the Municipal Plan would provide the policy framework for the proposed rezoning of the site to "TH" and "RM -2 ". The proposed development will provide another high - quality housing alternative for the citizens of Saint John. While complete details of the development are not being provided at this time, the subject site is currently well- removed from any existing developed residential properties. By rezoning the property now, including giving approval in principle to the apartment concept, future potential residents in proximity to the site will have the benefit of knowing the intended manner of the anticipated development of the area. The proposed "TH" zoning is the same as the zoning to both the north of the site and also to the south in the Four Star subdivision area. It should also be noted that the Four Star subdivision already includes a substantial area zoned for apartments of up to three - storeys in general proximity to the area of the site that is proposed to be rezoned "RM- 211 . Given the above observations, the proposed amendments can be recommended. As suggested by the applicant, the recommendation includes Section 39 conditions that will require further review and public input on the exact nature of the development for the "RM -2" zoned area when detailed plans are prepared, as part of a statutory amendment process. Hughes Surveys & Consultants Inc. (for Barsa Ventures Ltd.) Page 7 Portion of Cambridge Estates Area (File: 345 Boars Head Road) May 12, 2006 CONCLUSION: The subject site is a rugged undeveloped area that presents challenges for viable development. The proponent, in an attempt to deal with these challenges, has proposed a residential mix that includes higher density sites but will retain an overall density that is consistent with a suburban residential setting such as Millidgeville. The proposed amendments can be supported, provided that, as suggested by the applicant, the specifics of development of the apartment area are subject to further review when more detailed plans are prepared. RGP /r Project No. 06 -114 PLAN N ING AND DEVELOPMENT I'UR BAN ISME ET D�VELOPPEMENT FILL I", \S� 777; 77� AOL- _-!�L !LL L LL TF R C� 77 I L 1 L 4- rr % T R- 2", R_ 2 7T; �T. t subject site R9 - 2 [;0L, - r --,F 43- L IF Date-. Apri; 26 avri[. ZGQS Scaleibchello'. NTS she an qtlesijon,- I PiMsYNIP(s): LinCOti0n; Lotiasemem. Cambridije Estates SubdivNion I fart affmrfle du 551675M F -AL -9-ov. 0 qb-pv,7� ISMID A4 %a t,&-P- 2L ti T-i A- E-3. TU E.-- 4,F F ('ONE AREA 74 ho e, 7 Ll Rijffer [steep Treect Slope) IwAd or�c to he :) r 1 � "-' - TH — 7,-z- h3 ± PV -2 = 4 7 h -- ± 53 --.. k lin Arm r).N,%,i Fmpi Lzcf.iLc . . T)krmi:.-y �-OE2ELible to P Area of C4u-ibridge Eswci — — — A-ca'.c. t-:, rmsurriJ T-H llnccnsj��f 4 Lllaammd br remmmd 1.3 _E 4 Z.5 -7,PTTI1 ILI F -AL -9-ov. 0 qb-pv,7� ISMID A4 %a t,&-P- 2L ti T-i A- E-3. TU E.-- 4,F F ('ONE AREA 74 ho e, 7 Ll Rijffer [steep Treect Slope) IwAd or�c to he :) r 1 � "-' - TH — 7,-z- h3 ± PV -2 = 4 7 h -- ± 53 --.. k lin Arm r).N,%,i Fmpi Lzcf.iLc . . T)krmi:.-y �-OE2ELible to P Area of C4u-ibridge Eswci — — — A-ca'.c. t-:, rmsurriJ T-H llnccnsj��f 4 Lllaammd br remmmd 1.3 _E 4 Z.5 rr F rW Sent HAR IES P I - r S h c P,-..rtir3,- of RL;rsu Vcn4-jres Ar.. PrDper--ies to bsroZ:,red BC LJ n ors ec, o u-J, Cite of Sc n# John, 4�-,f Erurisri•k ix LM 3m Xt mA aI� u�1 Iit 40 / �I¢ l _1 5 �a �� II I I II ti� o � II Iti �o �I �L - s �I i 7 I 1 I� 1 .f I 1 I I I I I I . I 'I 4 F =y k'JaH 11oall a--r 4_ W 1= {3 •a r �s n �r �s .:n 4L Tj tiJ > C7 0 T) U L.I..I i1 Petrtigent Excerpts from Secondary Plan ,Section 1,3 (l) Tu enhance the p vs al, Social C?nd ecor oleic Well- I)eing qr -residents tlrrrjugh the roserFAaflon, creation and nmrinterkmce <,(a k9h Lfuah'2y mixed re.sederrtrat urU, jn.sffrurionul e►rWronmenr. The deve'.'oprneait of a pi apa)sed h:gh -end WridominiurriJapartmcnt cnrr�pl c will allow more cpt oiL� for 44ng citizens and yaung profo- s- i€nals to remain in the Lf liid--ov:lle area as them housi --g needs change and for r.eur who choose Nfillid�e�, lN! Fs their pref rred location Tn the area requtsied to ,�c iwened TTY, development will be sirrdlar in style t;r the r_eighb uric devclapmeny s to the north wEch have pfovela to pro'v de a mocessful. housing alternative. Sr'ertiort 21- 2 (5) 26 preserve r iluruarftrc:;t atU vegetativrr xfrere ►ssi ��1e j to t«fenca+ PLO r'w-a" ecxtrare s w,; �h ibu bifileform of ew developmenes, Construction any-' dcvclnpmc.nt design will occur in such as manner a:; ra pre. �r,c and c— hance much of t€ (: local top•a,raphy: Due to its unimic ,cogrraphic.al cht aa(uwristics, t '-e e'c.arprnent will er; =ain in its natural state and v.�91 be dedicated aiq Land fof Public 1'lli })t 5t 5 1 he condorniniarrnrapartment complex %gill be built M the hig; p4)int of ;he local ridge Natural are-as on a]i slrf, arouaj th. pr oposed hir�h densit�r res�dentia�t yea ,-YU be maintairicil .Section 3.3 (3) Uvn rcjl v. as devetitnr{ cw caus s tr ureaase, flue to .2- vessive .F!qpes OtO of pruxirr by of ,5c -(x'k, thevr the deny ity sho-I d be al?owed try jwreav accor&ng v . Ira this manner tr sell! be vos.s hle to L1t'4 grn a r'esj'cleruica dLr-r.�ity -H Ch �r!losv :s a reC'Lv �arr�rfe retaerrr c)r� irrvesr~trrertt i. c.ccrdarac :e with rho rnslrtlflirt ca_sroc r,f we.nrrc {3 arxl rrcws, 7hi£ : re) lr.alert in tine !w- ?resides for each Area and- [ #�nsieic.Kfo!- irac7ivi; -&aj' sites in Bach Inc:veleapmeniArea. The area is gencrally rrvmpris of b- ednack with little or no topsoil ova °r n-,uch of :he aieu. B 6 n ,i 7l g t h e cc ilncutur road ovei the e atrprrient AjU be Iv w.,tfa Iltt le 01) kuar ftlr i v for :rousing units aaly a6 m sign ificarnt porticta o" the roadway. Seeder 3.3 (4) AY development iv it) be i Iderner red in a rttcp men rvhi ~1j rrrc1rrlttjr,.0 a Scr,r-.sUrvij�W P? the rdd;irat clkvarcteri.l'[icy fJf dw c'x3'.IroMM al. M Other 1vur b-adeArrTi .should rekz;e to ph s,-ca[ tract rrca rai fe[1T&-es. and >. Me, "vrban -teve1 " slardards sl`r!au& be s ±ri> a a! cxr, 'hr's shL)'"'V n0f bO to fhc derranrent o nraiW-aiMxr r-ura J '`am-bkmce The cmidominium aga {Anent complex -�,ZU W #,flier a brick or Lv)d toned finish that wih blend in with the natural euviru ament. it wi,l.l be o" Modcrn afchitectural design_ Dear Sir, 277 Boar's Head Road Saint John NB E2K 5B9 May 2nd 2006 .ttention of:- Randall G. Pollock, MCIP Planner & Development City of Saint John. Re: Proposed Municipal Plan Amendments and Rezoning Cambridge Estates Thank you for you letter of April 28th and the opportunity for input regarding the rezoning application. While the request by the developer is for approval in principle we do not favour the rezoning unless in carries firm conditions that are subsequently monitored for compliance. We responded to the original rezoning application notification from your department on November 3rd 2003. Since then development has progressed. The zoning for "R2 " One or Two family Residential has been interpreted weakly. Cambridge Estates has produced a number of semi- detached Garden Type homes .Individually, each half, could be described as single family but the whole semi detached building houses two families - pretty smooth. This new development has produced only two types of dwelling on much the same floor plan except, one type is split level and one is not. Further more little attempt has been made to provide variety in these buildings externally except for two shades of beige in the external finish. Consequently there is much the sameness appearance of the whole development which is now proceeding to expand we assume along the same lines. Instead of an attractive development of multi type housing we shall see an area of blandness and no class. During the last six months or so we the residents of Boar's Head Road have been subject to noise from blasting (early morning to late evening) and heavy machinery. We look out now from the backs of our homes to a devastated pre development area. Displaced deer have eaten from our gardens. We anticipate seeing more of the same type dwelling being erected - not very interesting and will eventually reduce the value of our properties. r� d onf� F %4 Now we are expected to approve a new development that will see more removal of the natural habitat , being replaced this time by higher density town houses, and high rise development. High density development is reminiscent of the Victorian age of housing development in large cities -make a quick buck the cheapest way you can and the cities loved it - it brings the people in and more taxes in the city coffers. In the years that follow this sort of development resulted in a complete decline of the neighborhood and is apparent in most of the big cities today, where in many instances this sort of development is now being demolished. Furthermore the increased occupancy density proposed is going to result in increased traffic flow, again it would seem all funneled to Boars Head Road and then on to Millidge Avenue. How does the City propose to manage this year round ? It is our recommendation that the City Planners introduce firm conditions that ensure a mixture of types and finishes for houses and buildings in this development and the inclusion /retainment of a good portion of the natural habitat. Access routes and traffic flow plans need to be pre - planned to satisfactorily mange the increase traffic flow. The result can be a development that will retain a good image over the years and become a community of choice. Unless we can be assured this approach will be followed we oppose any further development in this area. Yours truly, Jean & Norman Wood %% 0 6e. zz REcono . a,nay 20 14L)., o OPOSA I1`ZVI � 6 n +-o 310-&v 274 r t . 4 0 w i ' i � [I Uji doo 6 . ,I i f 54d .fe je h � Y�� vu a 54�- s�� ,esrvcLeyiex erg ; Gm-nc� 'h/46i � ;dess y /0 61*4ut�aL, sltw&uCtl� 5 � )�am �) `K ,CIA/ been4 4 ht2.v°/�aC�UC.QeBre �L.c Ale GuiS`ly Yec 'T" e &At 3dd7�'!, d 1_Qc9txd e- hco,,A c,,,cL `iceShee 4 ce,,�a ode � Ct d S�jo Q�� ed a�L de �S'Aa& ,? Y-& 1i2C Le�ic �atc ��.Ee tee,�Lf rn�✓, e,i Caw o-x. % de4 Ot*&t IU-VI4-&X 6al d � xe IL MAY +g2M �i��' ✓� � �id�LGtC�r/D r�L i n� vy 34 Cambridge Drive Saint John, N.B. E2K 5T1 May 13, 2006 Planning Advisory Committee, City of Saint John Dear Committee: Re: Proposed Municipal Plan Amendments and Rezoning Cambridge Estates Area I am responding to your request for input regarding the proposed rezoning of the area south of Boars Head Road and west of Millidgeville Ave. I have read the proposal and believe that, if followed up by development, would be a benefit to the Millidgeville community as well as an overall benefit for Saint John. Millidgeville has grown over the years to become a highly diverse and desirable area within Saint John to live. It provides a unique balance with a variety of residential homes, apartments, and senior citizen complexes, accommodating a rich diversity of people with various backgrounds and income. Its close proximity to the Hospital, University, and Schools, as well as its proximity to the Kennebecasis River and its short distance from uptown enhances its diversity. I believe that adding a variety of dwellings whether they are single family, townhouses, or high rise multiple residential in the area proposed would do nothing but add to the unique diversity that Millidgeville has come to be known for. Singly, 7y� zv� Peter A Hunt PAUL & PAMELA WESTON 16 Cambridge Drive Saint John, New Brunswick E2K 5T1 May 15, 2006 Hand Delivered Mr. Randall G. Pollock, MCIP Planner Planning & Development City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Dear Mr. Pollock: Re: Proposed Municipal Plan Amendments and Rezoning Cambridge Estates Area I am writing in response to your letter of April 28, 2006, with respect to the above. I spoke with you on this matter on May 4, 2006, and was also talking to Mr. Debly on the same date. After discussing the matter with both of you, I would like to advise that Paul and I have no problems with the rezoning of the land as described in your above -noted letter. Yours truly Pamela Weston May 11, 2006 Randall Pollock Please accept this letter as a notice of being in favour of Barsa Ventures Ltd. Proposal to redesignate a portion of land from low density residential to high density residential as shown on schedule 2 -A of the municipal plan for the City of Saint John. Our acceptance is based on this portion of land only (as designated on the PID sent with this package) and not land or part of the subdivision immediately joining Boars Head Road where currently low density housing is being developed. This acceptance is also based on the rezoning with conditions being dealt with in the future showing apartment style specifics, architectural details and detailed site development info being subject to further review by council. Sincerely yours a- rf(�� VLV A llan and Susan Campbell 6 Cambridge Drive Saint John, N.B. , E2K 5T1 NI 15 Ilecerve tAAY 'A ?006 Cc elk 0 fix /r / pQI/'J a�u,lose W (z�:'GI ;Ae'; h• Q" Ez K s��i �yciP 4od .o my Irle&77 i a 12 49�LXW c�g �a , % a. L� rnG�ese ��x.rY�ue34� ;o ay%�.e,7�u� Yee QcrPa�fo ,�iiYlir�� oOg'.ruc6 i17 eu� Application for a Zoning By -law Amendment Demande de modification a Farrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeur R 1 C-k4A 9 %D $ k R FAa1 P CTE Mailing Address of applicant/ Addresse postale du demandeur (013 W ESTMDrt LAr. O SKINT )t 14 4 � N •P> • Postal Code /Code postal F-2-1 Telephone Number/ Numbeo de t6l6phone ( 506) 633 - 29 00 Home /Domicile(50Q) 696 - 8883 Work ITravail 50 6) X33- Z.9o0 2H3 Fax Number / Numtro de tdl&opieur ( 5061) 633 - 899 5 Name of Property Owner (if different) / Nom du propn6wre (si diffdrent) rl4oMA5 G0n15T12llcTiOr4 ( ,JOHN / \oV^ DPI CoI..WE") Address / Adresse ?o W E 5T M o Ltr4 S D 1ZI Y E Postal Code / Code postal Property Information / Renseignements sur la proprietf Location I Emplacement 7Z5 W EST M oR t-A�1 D RnA9 0o 4310 l9 O Civic # / No de voirie Street / Rue PID / NIP 24ct COI.DBp.DOK CRES. Lot Area / Superficie du lot 3. $'t AC1zES Street Frontage / Facade sur rue z.9 3' W ESTww R uA N D RoAD Existing Use of Property / Utilisation actuelle de la propnW VA C.^ ^'T L A -1 n Municipal Plan land Use Designation Ddsigoation de utilization des terres sur le plan municipal R E51 DE wT ra L, Amendment Requested / Modification demandee Present Zoning / Zonage actuel 25-1 R L RAL RES I DEWT 1 A L� Q( Change Zoning to / Modification do zonage d R- Z ON E i Two fAM 104 RES I V EruT 1A L R M - t M u LT1?LE and/or / on SIDEN7IA ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) Development Proposal / Proposition d'aminagement Description of Proposal / Description de In proposition 5LAt3DtVt5totJ of PIROPGATM TO CREATE Fok(L REST DEoaT /AL DLirk.E x LOTS "TVJo- 0 *JESTM012tAJD ROAD , AND TWO Mt4LTIPLE REStDENTIAL LUT5 F'ROOTI" bra COLOBR"V. GWES 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 properly, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. [sous devez fournir un plan du site d 1'tchelle illustrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'616vation et touter autre forme de renseignement. Le plan doit indiquer les dimensions de la proprIM, !'emplacement de la totalize des bdtiments, des allees, des sires de stationnement, des amEnagements paysagers et des panneaux de signalisation.11 est important d'indiquer la distance entre les limites de la propridtd et les bdtlments. Provide reasons why these amendments should be approved. / Fourmr tout autre renseignement concernant votre proposition qui pourrait @re approuvdes. Th1E EXl-3Tro1(7 VACAY.17 LAwD 15 FCALLH SERVICED WA-MR, SRWAG-C, £LEc • ETc.) FHt5 DEVEtAPNIFt -YT WILL PF-CVtoE A BETTER USE OF THESE SERV[CFj AND IKICREASE Tt+F. YAWS of THE LAr.IDS AND TAX RASE. OF T?le LAr4b -%, Provide any other information about your proposal that would be helpful, / Fournir tout autre renseignement concernant votre proposition qui pourrait fare utile. GOLPF3RtaoK CRES. IS A" Ex15TI+4(7 M4LTtPE (iF51DEroTIpL APitA wkTl-1 r1LAMEROU,S 12 t4rJIT APAIATMt't4T $4t DINGS 1 W E5TA4o RLA. -1 D ROAD AtaE^ R^S 4 VONAIET`1 OF R1 Signature of Applicant / Signature du AL ItSES TNtS DEVELOPrnEriT w1%.L ENF}ANC' EXISTI*I(r u5CS Date Ia $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vous n'Ptes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprigtaire dans la pantie the owner is authorizing this application to proceed ci- dessous. La signature du propri6taire autorisant le for consideration by Common Council. traitement de la pr6sente demande pour que cette derniere xaminge par le conseil communal. Sol I Signature of Owner (if applicable) -s 7WOC� Signat>ffe due proptietaire (s'il y a lieu) �� (/� Date: �f/ n \ r a C V � � 'll d L m � o N c j F � N " VI W a N •D � L Q f @ C O u 0 u E o N a u N o I O t zmo O 1 I U 1, I r /N tL o � Sal a1 oIN yd � e OTC ° m K Nn N � WK F 2 3 w m I- Pe% w 0 anoa� < w W °6 N W U ` o = d w> o 6 0o NK s a �N .. n M U v a � c L p N M� L 7 � cn w o s ce 0- vv 73 L � N U of b o Y I O I O I; I Q I U I .s s'nz �I m, a_I � m�a I i Est n N � \ NI�o I \ OI^m` as •N ° N L �II t�l m \ '2,:.I N h 10 f rr mry / IG �11N / �Ib ,E34T � g a m ^O y N� w zm Peo 21 ap /ocJ ° "s °g w �o > w° ww o w z On wN o E O City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 nnnartment: Common Clerk's Office (Account # 7 Contact: J. Patrick Woods Phone (506) 658-2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, April 25, 2006 Tuesday, May 16, 2006 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 Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 725 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 23, 2006 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1.57 hectares (3.88 acres), located at 725 Westmorland Road, also identified as being P1D number 00436790, from 46RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit a subdivision for four two - family dwellings and four 12 -unit apartment buildings. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 725, CHEMIN WESTMORLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 23 mai 2006 a 19 h, en apportant la modification suivante : le rezonage d'une parcelle de terrain situe'e an 725, chemin Westmorland, d'une superficie approximative de 1,57 hectares (3,88 acres), identifiee sous le NID 00436790, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales «R -2» et zone d'Wifices a logements multiples de trois etages a RM -1 », comme it est indique ci- dessous. (INSERER LA CARTE) MOTIF DE LA MODIFICATION: Pour permettre la subdivision d'un lot pour quatre residences bifamiliales et quatre immeubles d'habitation a 12 logements. Toute personne intdressee pent examiner la modification propose'e an bureau du greffier communal on an bureau de l'urbanisme et du de'veloppement a I'hotel de ville situe an 15, Market Square, a Saint John, au Nouveau- Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par e'crit a Pattention du soussigne a I'hotel de ville. J. Patrick Woods, greffier communal, 658 -2862 c0 4�Fa CDs S �D O� CP PROPOSED ZONING BY -LAW AMENDMENT RE: 725 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 23, 2006 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1.57 hectares (3.88 acres), located at 725 Westmorland Road, also identified as being PID number 00436790, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit a subdivision for four two- family dwellings and four 12 -unit apartment buildings. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 725, CHEMIN WESTMORLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la Salle du conseil le mardi 23 mai 2006 a 19 h, en apportant la modification suivante : le rezonage d'une parcelle de terrain situee au 725, chemin Westmorland, d'une superficie approximative de 1,57 hectares (3,88 acres), identifee sous le NID 00436790, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 u a zone residentielle — habitations unifamiliales et bifamiliales a R -2 » et zone d'edifices a logements multiples de trois 6tages o RM -1 », comme it est indique' ci- dessous. (INSERER LA CARTE) MOTIF DE LA MODIFICATION: Pour permettre la subdivision d'un lot pour quatre residences bifamiliales et quatre immeubles d'habitation I 12 logements. Toute personne inte'ressee peut examiner la modification proposee au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a I'hotel de ville situe au 15, Market Square, A Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne A I'hotel de ville. J. Patrick Woods, greffier communal, 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.57 hectares (3.88 acres), located at 725 Westmorland Road, also identified as being PID No. 00436790, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential classifications. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE N° C. P. 110 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decret6 ce qui suit : L'arretd sur le zonage de The City of Saint John, d6cr6td le dix -neuf (19) decembre 2005, est modifie par : I La modification de Pannexe a A », plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situde au 725, chemin Westmorland, d'une superficie approximative de 1,57 hectares (3,88 acres), identifiee sous le NID 00436790, afin de faire passer la classification de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales « RS -I >> a zone rdsidentielle — habitations unifamiliales et bifamiliales « R -2 >> et zone d'ddifices a logements multiples de trois dtages RM -1 », comme it est indiqud ci- dessous. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrete le * jour de * 2006, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture May 19, 2006 Your Worship and Councillors: SUBJECT: Proposed Rezoning - 725 Westmorland Road On April 24, 2006 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 16, 2006 meeting. Mr. Richard Burbridge attended the meeting and addressed the Committee in support of the application. Mr. Burbridge expressed agreement with the recommendation in the report. One person addressed the Committee to express concerns with the proposal, specifically with the lack of detail concerning the appearance and layout of the final buildings. No letters were received. After considering the matter, the Committee adopted the recommendation in the attached report. While Section 39 conditions were not recommended, the Committee did require as a condition upon the establishment and operation of a dwelling group that the site be developed and maintained in accordance with a detailed site plan submitted by the applicant and approved the Development Officer. This site plan will illustrate the location and dimensions of the buildings, parking areas, driveway and landscaped areas, and the approved site plan must be attached to the application for the building permit for the development. It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the requested Zoning By -law amendment be given by Council. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 1.57 hectares (3.88 acres), located at 725 Westmorland Road, also identified as being PID number 00436790, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential, as illustrated on the attached map. ----------------------------------- comment [M01]: Page: l Please place PAC Letterhead in the manual tray. Respectfully submitted, Philip Hovey Chairman DATE: MAY 12, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 16, 2006 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Richard Burbridge Name of Owner: Thomas Construction Limited (John & Wanda Colwell) Location: 725 Westmorland Road PID: 00436790 Municipal Plan: Low Density Residential Zoning: Existing: "RS -1" One and Two Family Suburban Residential Proposed: "R -2" One and Two Family Residential and "RM -1 " Three Storey Multiple Residential Proposal: To rezone and subdivide the existing property into six (6) lots to permit the construction of up to four two - family dwellings along Westmorland Road and up to four 12 -unit apartment buildings on Coldbrook Crescent. Type of Application: Rezoning, conditional use (dwelling group), subdivision, and variances. Richard Burbridge Page 2 725 Westmorland Road May 12, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, May 23, 2006. The Act also authorizes the Planning Advisory Committee to give its views to Common Council concerning the location of public and future streets, municipal services and public utility easements, and land for public purposes (or acceptance of cash -in -lieu ) dedications in conjunction with the subdivision of land. In addition, the Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Subdivision By -law. Conditions can be imposed by the Committee. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a dwelling group in the "RM -1" Three Storey Multiple Residential zone. STAFF RECOMMENDATION TO COMMITTEE: 1) That Common Council rezone a parcel of land with an area of approximately 1.57 hectares (3.88 acres), located at 725 Westmorland Road, also identified as being PID number 00436790, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential, as illustrated on the attached map. 2) That Common Council assent to the submitted photo- reduced Richard & Eileen Burbridge Subdivision Plan illustrating the creation of six lots, as well as any necessary municipal services and public utility easements. 3) That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4) That the Planning Advisory Committee impose as a condition upon the establishment and operation of a dwelling group on the subject property that the site must be developed and maintained in accordance with a detailed site plan submitted by the applicant and approved by the Development Officer, or his designate, such plan illustrating the location and dimensions of the buildings, parking areas, driveway and landscaped areas, and the approved site plan must be attached to the application for the building permit for the development. Richard Burbridge 725 Westmorland Road Page 3 May 12, 2006 5) That the Committee deny a variance to reduce the required Land for Public Purposes from 1,145 square metres (12,325 square feet) to 0 (zero). 6) That Common Council accept cash -in -lieu of the required 1,145 square metre (12,325 square feet) Land for Public Purposes. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicate that they have no objections to this application. However, they note that there is low water pressure in this area and the developer must do testing to confirm that water pressure and flow are sufficient for the development's needs. In addition, they confirm that there is a drainage pipe running through the property and would like the developer to confirm the depth of the pipe at his expense and provide the City with an easement of sufficient width to allow for the pipe's maintenance. Building and Technical Services have no concerns with this proposal. Saint John Transit indicate that this area is presently well - served by the Forest -Glen bus and high density developments are good for transit services. Saint John Energy has been forwarded a copy of the application. Maritimes & Northeast Pipeline advises that this area is all clear and that the development is not near the Maritimes and Northeast Pipeline facilities. Leisure Services has been advised of the application. Fire Department has no objection to this application provided that the design and construction adheres to the provisions of the National Building and Fire Codes including but not limited to National Building Code sections - 3.2.5 Provisions for Fire Fighting — 3.2.5.4 Access Routes — 3.2.5.6 Access Route Design and 3.2.5.7 Water Supply. ANALYSIS: Site and Neighbourhood The subject site is located near the intersection of Westmorland Road and Golden Grove Road on the City's East Side. The applicant is proposing to subdivide the property into six lots: the four lots along Westmorland Road are intended for two - family dwellings (which may become "part lots" in the future), while the two lots on Coldbrook Crescent are intended to accommodate two twelve -unit apartment buildings each. In order to permit the proposed development, the property Richard Burbridge 725 Westmorland Road Page 4 May 12, 2006 must be rezoned to "R -2" for the two - family dwellings and to "RM -1 " for the apartment buildings. The neighbourhood surrounding the subject site is suburban in nature and is primarily residential in character, containing a mixture of one- and two - family dwellings, townhouses and apartment buildings. The site is adjacent to Forest Hills Park and the Forest Hills School is also in the vicinity. Although there only appears to be one two - family dwelling between the school property and the Westmorland/Golden Grove intersection, this portion of Westmorland Road, including the subject site, is currently zoned to permit two - family dwellings. The purpose of changing the zoning designation along the southern portion of the street is to allow the smaller setbacks of the "R -2" zone to be applied, which would be more consistent with the development pattern of the existing neighbourhood. In addition to allowing greater compatibility with the neighbourhood, rezoning the western portion of the property to "R -2" would permit a gradual transition to the higher density residential uses along Coldbrook Crescent. The Coldbrook Crescent frontage of the property is at a higher elevation and there are numerous multi - family dwellings along Coldbrook Crescent already. Extending the "RM -1" designation along the eastern portion of the subject site is not foreseen to have an impact on the character of the area. As mentioned previously, the two lots to be rezoned to "RM -1" will contain two apartment buildings per property, which is considered as a dwelling group. A dwelling group is a conditional use in the "RM -1" zone and is subject to such terms and conditions as may be deemed necessary by the Planning Advisory Committee. Given the preliminary nature of the request, not all of the site details (parking layout, landscaped areas, etc) are available at this time. As in past situations, the Committee can impose as a requirement that the developer submit a detailed site plan to the Development Officer for his approval showing how the site is to be developed prior to the issuance of a building permit. Site Preparation It is staff s understanding that the site was filled some time ago, but the manner in which the work was done and the nature of the material used are both unknown. Consequently, prior to the issuance of a building permit for the proposed buildings the applicant may be required to provide a report from a qualified soils engineer indicating that the bearing capacity of the ground is adequate. Due to the topography of the site, additional fill may also be required. Site Services The necessary municipal services (water, storm sewer and sanitary sewer) are all in place along both Coldbrook Crescent and Westmorland Road, with the exception of the laterals. Curbing and asphalt sidewalks are also in place along this portion of Westmorland Road. No additional Richard Burbridge Page 5 725 Westmorland Road May 12, 2006 improvements are foreseen although the developer will be responsible for replacing any damaged curbing /sidewalks caused by the development of the site. Land for Public Purposes There is an existing drainage pipe that runs parallel with the line dividing the proposed "R -2" and "RM -1" properties for which the City does not have an easement. The applicant is proposing to provide an easement to the City in exchange waiving the Land for Public Purposes requirement of the Subdivision By -law. In this instance, the developer would be required to provide 1,145 square metres (12,325 square feet) of Land for Public Purposes, or cash -in -lieu, to be vested with the City. Typically, easements are provided to the municipality in order to enable the development to occur and tend to be more functional in nature. The Land for Public Purposes requirements are intended to provide amenity space beyond infrastructure requirements of a subdivision. As a result, exchanging greenspace for engineering requirements is not recommended. Realizing the close proximity of Forest Hills Park, additional parkland at this location is not needed. Staff can therefore recommend cash -in -lieu of the necessary Land for Public Purpose. The easement, tentatively proposed to have a width of 6 metres (20 feet), would have an area of approximately 752 square metres (8,100 square feet). Due to the depth of the pipe, which Municipal Operations indicates would have to be confirmed at the developer's expense, the width of the easement may have to be increased. CONCLUSION: The subject site is a large parcel of land that has remained vacant for a number of years. The applicant's proposal is consistent with the character of the surrounding neighbourhood. Requiring a detailed site plan as a condition of approval will further ensure that the development is completed in a fashion compatible with the area. Although the applicant has also requested to exchange a service easement for Land for Public Purposes, staff cannot support this aspect of the proposal but recommend instead that Council accept cash -in -lieu as additional lands in this area are not needed. PF Project No. 06 -111 PLANNING AND DEVELOPMENTURBAN |SMEETDEVELOPPEMENT - _ � ®z ® / � �� \`� � •� �� % � y ./- ` � � \ \ � _ell \ iprEr - . r ®a/ 4 « @ o(; aI% %:Uo439g0 su%� rs bail en p,e!#!r \ � \ L ca o r 725, m. Wastmoriano Koae . Oa@: RA % 2(Ob ! . aca l«�+keNr to sca UR as 4 I'6ch e I e t m \ t ) \� \( \ § §) k $k k ; k` , � t \ § p E k r- @ $ k U = £ ¢ ƒ I c o i 0 R LC ) m k 3 Ci � � � ^ � ! 0 � � I § � 0 WIT � � I z I n n � I \y i � � ! 0 � � I § � 0 WIT � � I z I n n � I \y p x ----Grove oa Le, z , I C 1r � 8 fr 1111 a, L.L En 3 CD C:L Ci O fo Y ML ]� 4 V L 07 DL J P LD s 3NN r'r NR ILL AlliF s 4 .k �n Sf CG rt 0 i u 0 e �-y p x ----Grove oa Le, z , I C 1r � 8 fr 1111 a, L.L En 3 CD C:L Ci O fo Y ML ]� 4 V L 07 DL J P LD s 3NN r'r NR ILL AlliF s 4 .k �n Sf CG rt 0 i .j ti Grov, Roac 4F ZY Ch � Sri m CD 71 :3 CIL. 13L fu rL IT CL < 0 0 Q OL L m La tn CD CL n Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a Parrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeur Zed and Company Mailing Address of applicant/ Addresse postale du demandeur 15 Market Square Saint John, NB Telephone Number / Num6ro de tdlbphone Home / Domicile Fax Number/ Numdro de tdldcopieur 906-634-72 as Postal Code / Code postal E 2 L 1 E 8 Work /Travail 506- 634 -0800 Name of Property Owner (if different) /Nom du propribtaire (si different) Terrance M o s e s Address /Adresse 76 Coburg Street Saint John NB Code / Code postal: ,9I, '3 T 7 Property Information / Renseignements sur la propriete Location /Emplacement 76 Coburg Street 15545 Civic # / No de voirie Street / Rue PID / NIP Lot Area /Superficiedulot 860sgm(9 257 sq ft, Street Frontage /Fa�adesur rue 69'Coburg 94'Paddlock Existing Use of Property/ Utilisation actuelle de la propri6td Residential 3 Unit apartments Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Medium Density Residential Present Zoning / Zonage actuel Amendments Requested / Modifications demanders Municipal Plan / Plan municipal Change Land Use Designation to / Modifier In d6signation de Putilisation des terres d A pp r o v e d -. and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning By -law/ Arret6 sur le Z_onage Change Zoning to / Modification du zonage d B -2 and /or / ou (_] "l ext Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition raw of_ f_ iglus two re id nt'al apartments 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. lious devez fournir un plan du site d Pichelle illustrant voire Proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriete, 1'emplacement de la totalite des bafiments, des alkes, des ales de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les batiments. Provide reasons why these amendments should be approved. / Foumir tout autre renseignement concertrard votre proposition qui Pounutt titre approuvees. Please see attached Schedule A Provide any other information about your proposal that would be helpful. / FOurnir tout autre renseignement concemant votre proposition qui pourrait titre able. Signature of Applicant / Signature du dernandeur Date ® 5400 Application Fee Enclosed / Ci joint les fiais de demande de 400 $ Ifyou are not the owner ofthe land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire daps !a pare the owner is authorizing this application to proceed ei- dessous. La signature du praprietaire autortsant le for consideration by Common Council. traitement de to presente demande pour que celte derriere Signature of Owner (if it e�amtnee par le consefl communal. (' applicable) Signature due proprietaire (s'il y a lieu) /-cv-n�-- fit Date: 'L C Sl 2 C77 SCHEDULE "A" The applicant, Zed & Company, respectfully requests a rezoning of the property located at 76 Coburg Street, and submits the following points for consideration: The applicant, after the purchase of the property, plans to invest thousands of dollars in the uptown City of Saint John by rehabilitating the highly visible property at 76 Coburg Street. Zed & Company is a locally owned law firm established 31 years ago with plans on remaining in business permanently in the City of Saint John. By owning its own building, Zed & Company is guaranteeing the firm's long term viability and longevity in the City. It makes good economic sense for Zed & Company to invest in its own building in the long -term. Zed & Company Law Offices must be located in the uptown area because the Courts, Service New Brunswick, the Registry Office, the banks, and the vast majority of Saint John lawyers are all located uptown. A major complaint of Zed & parking in its current location. off - street parking. Another Company's clients is their fear Both of these complaints will Street location with ground floc Company's clients is the lack The property at 76 Coburg Stre complaint expressed by many of heights and the fear of using be eliminated by relocating to r accessibility. of available at has ample of Zed & an elevator. the Coburg Another common problem for lawyers is the lack of storage room for tiles and the associated cost of securely storing files. Zed & Company's file storage challenge would be effectively addressed and resolved at the Coburg Street property location which has a large dry and secure basement. Strictly speaking the property at 76 Coburg Street is currently zoned as residential. By changing the zoning to B2 and allowing Zed & Company to establish its offices at 76 Coburg Street, the City would not be changing the nature of the street. Currently Coburg Street is one of the busiest streets in the City of Saint John. There are several Doctors offices, insurance offices, a church, a school, a clothing store, and even a law office on the corner of Coburg and Carleton Streets. By changing the zoning it would not set a precedent because the City of Saint John has already approved a rezoning application on Coburg Street where Chipman Hills Suites is currently located. Approving the rezoning will not alter the character of the building at 76 Coburg Street. The building presently consists of two small apartments and one large four bedroom home. The current owner and his family have owned the property for approximately 45 years. The owner, Mr. Moses, is a single man without children and the property is too large and expensive for him to maintain. Mr. Moses would be pleased if the City of Saint John approved the rezoning, as selling the property to Zed & Company would keep the property in the family. Mr. Moses does not want his family home to be converted into another Coburg Street rooming house nor cut up into small apartments. He does not want the interior structure to be altered, thereby losing the integrity and heritage forever. Zed & Company would completely restore the building's interior ceilings, walls and floors, to their once grand state while bringing the plumbing and electrical components up to code. The 76 Coburg Street property is located on the corner of Paddock and Coburg Streets, at the top of Garden Street, and that is exactly what Zed & Company proposes to create — a beautiful garden on the corner thereby enhancing the busy intersection and in keeping with the residential character of the neighborhood. Zed & Company will keep the two residential apartments in the building, which will not be converted into office space. Zed & Company is in business not only to provide a living to its owner and employees, but to provide valuable legal services to the people of Saint John at reasonable fees. By approving the rezoning Zed & Company will be able to keep its overhead costs down and pass on its savings to the people of Saint John. Assessment Data: Page 1 of 1 PAN: Assessed Owner(s): Assessment Year: Current Assessment: Location: Property Description: Property Type Code: Taxing Authority Code: Taxing Authority Description: Sequence Number: Harmonization: PID: More PID(s): PAN Information 1634454 MOSES,TERRANCE GEORGE 2006 $125,700 76 COBURG ST 3 FMLY HOUSE,GAR & LOT 120 550 City of /Cite de Saint John M001 COMPLETED (One to one match of parcels ) 00015545.. No Status: Mailing Address: Postal Code: Current Levy: County: Tax Class: Property Type Name: Neighborhood Code: Neighborhood Description: Sub Unit: Farm Land Identification Program: PID (2nd): Open 76 COBURG ST SAINT JOHN NB E2L 317 $2,865.81 St. John Fully Taxable Residential Improved 22 KING ST EAST -NORTH BET. COBURG " &" C.BAY 0 No Pack •dame e Help a Problem Report https: / /planet. snb.ca/ PLANETDB /pats001$pan.queryview ?P_PAN= 01634454 &browser_typ... 4/19/06 � �M�, °'►'q ` j' �0 �' �5 bib ��1 NT 5 00 NSdQ dd d 10 • cp / ,� b .mss 5 4Qw ?`so 77 d • 1t ��t 1 IP.Y�.f 11 ppp Mt 1" x4sr,:E� City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506 ) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement ed SJTJ Classifieds Date(s): Tuesday, May 9, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Text: ® Call to Action: Public Notice Contact: Sub - Headline (if applicable)- Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 76 COBURG STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "p) a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, May 23, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to "B -2" General Business and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 22, 2006. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 76, RUE COBURG Avis public est donne, par la pre'sente, que le conseil communal de The City of Saint John a l'intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 860 metres carres, situe'e au 76, rue Coburg, et portant le NID 00015545, de zone rdsidentielle de densitd moyenne a zone d'amenagement commercial approuvi. 2. I'ajout de la parcelle de terrain suivante a la liste des ame'nagements commerciaux approuves a Paline'a 2.4.6.28: p) une parcelle de terrain d'une superficie d'environ 860 metres carre's, situee au 76, rue Coburg, et portant le NID 00015545. v Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le mardi 23 mai 2006 dans la salle du conseil, au niveau du hall d'entre'e, a I'hotel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone d'e'dification de logements multiples sur terrain intercalaire «RM -IF v a zone Commerciale gene'rale a B -2 », et permettre I'am6magement d'un bureau d'affaires a I'interieur du batiment existant. Veuillez faire part au conseil par dcrit de vos objections au projet de modification au plus tard le 22 juin 2006 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal on le bureau de I'urbanisme et du developpement a Motel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours ferie's. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N.B. Saint John, N. -B. EM 4L1 EM 4L1 658 -2862 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 76 COBURG STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "p) a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, May 23, 2006 in the Council Chamber, Lobby Level, City Hall, REASON FOR CHANGE: To permit rezoning of the land from "RM -IF" Multiple Residential Infill to `B -2" General Business and the subsequent establishment of a business office within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 22, 2006. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. J. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L1 658 -2862 .............. ----................... ----- PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 76, RUE COBURG Avis public est donne, par la presente, que le conseil communal de The City of Saint John a 1'intention d'etudier la modification du plan d'amenagement municipal comme suit 1. la reclassification, a I'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 860 metres canes, situee an 76, rue Coburg, et portant le NID 00015545, de zone residentielle de densite moyenne a zone d'amMagement commercial approuve. 2. I'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuve's a I'aline'a 2.4.6.28: p) une parcelle de terrain d'une superficie d'environ 860 metres canes, situee an 76, rue Coburg, et portant le NID 00015545. Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le mardi 23 mai 2006 dans la Salle du conseil, an niveau du hall d'entree, a I'h6tel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la d6signation s'y rapportant de zone d'edification de logements multiples sur terrain intercalaire a RM -IF u a zone commerciale ge'ne'rale a B -2 », et permettre 1'ame'magement d'un bureau d'affaires A I'interieur du batiment existant. Veuillez faire part an conseil par ecrit de vos objections an projet de modification an plus tard le 22 juin 2006 a ]'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de I'urbanisme et du de'veloppement a ]'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal City of Saint John C. P. 1971 Saint John, N. -B. E2L 4L1 6582862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "p) a parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PID Number 00015545." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du eonseil communal, The City of Saint John a edicte cc qui suit: L'arrete relatif an plan municipal de The City of Saint John de'cre'te le 3 janvier 2006 est modifie' par: 1 la modification de I'annexe 2 -A et 2 -C, relative an plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 860 metres canes, situee an 76, rue Coburg, et portant le NID 00015545, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve; 2 I'ajout de la parcelle de terrain suivante a la liste .des amenagements commerciaux approuves a I'alinea 2.4.6.28 : p) une pareelle de terrain d'une superficie d'environ 860 metres carres, situee au 76, rue Coburg, et portant le NID 00015545.» - toutes les modifications sont indiquees sur le plan ci -joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisie'me lecture BY -LAW NUMBER C.P. 105 -5 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Redesignating on Schedules 2 -A and 2 -13 of the Municipal Plan, from Medium Density Residential to Light Industrial classification, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101,and b) a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218. 2. Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID Numbers 00377101 and 00377218." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE N° C.P. 105-5 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Que soft edicte par le conseil communal de The City of Saint John, dument convoque, cc qui suit: Uarr€te relatif au plan municipal de The City of Saint John edicte le 3 janvier 2006 est modifie par : 1 la modification du plan municipal, aux annexes 2 -A et 2 -13, en vue de faire passer la designation des proprietes suivantes de zone residentielle de densite moyenne a zone d'industrie Legere: a) une parcelle de terrain d'une superficie d'environ 1 190 metres carres (12 809 pieds carves), sim6e au 71, rue Kennedy et portant le NID 00377101; b) une parcelle de terrain d'une superficie d'environ 450 metres carres (4 844 pieds carres), situee au 84, rue Kennedy et portant le NID 00377218. 2 I'ajout des parcelles de terrain suivantes a la liste de zone a industrie Legere a titre de developpement approuve a I'alinea 2.4.7.15: << xx) les parcelles de terrain d'une superficie totale d'environ 1 640 metres carres (17 653 pieds carves), situees aux 71 et 84 , rue Kennedy et portant les NID 00377101 et 00377218.» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * jour de * 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading — May 8, 2006 Premiere lecture — 8 mai 2006 Second Reading — May 8, 2006 Deuxieme lecture — 8 mai 2006 Third Reading — Troisieme lecture — PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN WAMENAGEMENT Amending Schedule 2 -A and 2 -B Modifiant annex 2 -A et 2 -B Ll 1� ----- t� adY p1._ CA _ _ 1 FROM / DE TO / A Medium Density Residential Light Industrial residentielle de densit6 moyenne BE industrie legere Applicant: 511789 NB Inc. (Service Master) Location: 71 and 84 rue Kennedy Street PID(s) /NIP(s) 00377101 and 00377218 06N -78SE Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte Cr66e: May 9 mai, 2006 Recommended by P.A.C./Recommandi' par Is C.C.U.: May 2 mai, 2006 Enacted by Council/Approuv8 par le Conseil: Approved by Minister / Approuvd par le Ministee: Filed in Registry Office/Enregistre le: BY -LAW NUMBER C.P. 110 -13 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 rezoning, from "RM -1" Three Storey Multiple Residential to "I -I" Light Industrial, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street also identified as being PID number 00377101,and b) a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377218 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. 2006 and signed by: Mayor ARRETE N° C.P. 110 -13 ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une 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) d6cembre 2005, est modifie par: I la modification de I'annexe << A » du plan de zonage de The City of Saint John, en procedant au rezonage des proprietes suivantes, de zone residentielle d'immeubles a logements multiples de trois Stages << RM -1 » a zone d'industrie 16g&c u I -1 a: a) une parcelle de terrain d'une superficie d'environ 1 190 metres canes (12 809 pieds canes), situee an 71, rue Kennedy et portant le NID 00377101; b) une parcelle de terrain d'une superficie d'environ 450 metres carres (4 844 pieds canes), situee au 84, rue Kennedy et portant le NID 00377218. conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr&i$ le * jour de * 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - May 8, 2006 Premi6re lecture - 8 mai 2006 Second Reading - May 8, 2006 Deuxi6me lecture - 8 mai 2006 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of the City of Saint John Modifiant Annexe «A» du Reglement de zonage de The City of Saint John - r - w Sri i O -- FROM / DE TO / A RMA -Three Storey Multiple 1 -1 -Light Industrial Residential zone d'industrie 16gq§re edifices A logements multiples de trois etages Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement A une resolution adoptee par Is conseil municipal en vertu de Particle 39 de la Loi sur I'urbanisme Applicant: 511789 NB Inc. (Service Master) Location: 71 and 84 rue Kennedy Street PID(s) /NIP(s): 00377101 and 00377218 06N -78SE Drawn By /Cr€de Par: Tamara Duke Date Drawn /Carte Cr66e: May 9 mai, 2006 Recommended by P.A.C. /Recommande par le C.C.U.: May 2 mai, 2006 Enacted by CouncillAppmuve per le Conseil: Filed in Registry Office /Enregistre le: BY -LAW NUMBER C -1 ARIttNUARO C -1 A BY -LAW RELATING TO THE MARKET AR"CONCERNANT LE MARCIEDE THE IN THE CITY OF SAINT JOHN CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte: A By -law of The City of Saint John entitled "A By -law Relating to the Market in The City of Saint John ", enacted on the 18th day of May, A.D. 2005 is hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)(h): (i) Stall B1 & Al IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor /Maire L'arrete concernant le marche de The City of Saint John decrete le 18 mai 2005, est modifie comme suit: 1 La modification du paragraphe 5(2) par 1'adjonction de ce qui suit immediatement apres 1'alinea 5(2)(h): (i) Kiosques B1 & Al EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le ..... 2006, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - May 16, 2006 Your Worship and Fellow Councillors: RE: Zoning Issue There is a property bounded by Rothesay Avenue and Marlborough Avenue which is currently zoned R -2. This property is owned by Clear View Mobile Homes. The property as illustrated on the attached map is immediately adjacent to other residential properties. The owners of this property are using it for the purposes of storing equipment and other apparatus associated with the owner's business. It is very unsightly. This situation could have the affect of devaluating the adjacent residential properties and, therefore, steps should be taken to address this situation. I, therefore, move that Council direct the Building Inspector, Wm. Edwards, to issue whatever Orders as may be necessary to the property owner to have the Zoning violations remedied. In the event that the owners do not comply with the Building Inspector's Order, I further recommend that Wm. Edwards be authorized to make application to the appropriate Court for an Order to Comply. Respectfully submitted, Original signed by Jay -Young Chang Councillor Jay -Young Chang Attachment hO 46! o � 3Oi 04 514 CO 18 13 21 r 4e ® 14% 10 qj 16 19 � ♦ � g 11 14 0 17 �A� ♦ 5 I �► , b p 12 �� ♦ %,6 9 15 16 3 5508a 7 10 14 141 4 V 13 SSO 1 't* 12 ss 83� ?s 12 �/ ♦ 3 11 10 08 ` 003 9 6 0 z SSO 394 � � /444 1 09 ♦ % / 4 7 486 s 04819 19 3 18 �, q 20 5 22 ♦/♦ 24 3 Co / h � ♦ 004 ^ry / /♦ 2 �s2 . 26 , 1 0 04 480 18s ° 16 ♦ 28 ♦/ ♦ :0306 ?5 4** Its ` * ♦ 00 S034S �/ ./ /♦/ / `. . 7 472 0 3 �s 6 h� ®/ • / ` ♦ / /. 30S 8 SSO3 a9 / 57 0 �s01 ' s p / ♦ �/ - P 0309 5 `5093 � ♦ / 55 SS 3) y 4) p 003 1 0 o 03,> p S� 004 ,� Op O SS s5 9 �5? o ?y 53 x 451 , 0265 0� 4° o ♦ o °0 ?� w n �9 CO � h 30) �� / o O N to S SO 0 S 4 a o� op po 49 b / 0 36 co 0 / 3 ° p ♦ co 0306 030 ry co, ti 1 • V \ 458 5 z) h S 958? 45 32 0 7 S 03 / 447 0 C�1. h♦ o O o 30S , � ``�� CO 0 4340 S ,- 490 O (y ^ 030 0 S'S 454 0 0 43 qj 06 003 ry � ss �8 39 I ?2 t' 06 b p 9 p 044 �� 'S 0 0� S 6 p O, 47 v, 441 S10 /? /� N O 003 �4 6� co s �8s8 hK o� � �� 11 034 s w 238 O ti s� * � ♦ 00 04 3 s0 °' 450' S9 '" h o ° ♦ 3 s1 0 o a 77S h M1y ,� ♦ 028 ?46 p o h o p �? p ° 30s h 4 8 (1 s0 p � 0041s\ 5 h ♦ s 8 15 0030 SS14S6 � vv 3062 o OO � '�" 6S 84 ♦ O0 �S 33 � 4153 SS SS 9 9� 5545 O 306 26 23 OS w O 6 SS '065 45 s 6' S 0 4 ? � e p p 0 8 5 93 0 M p 4533 SS 4 � (13 O° o '0698 � SS14 68 ♦ 503' 4 sS X98 0 A 0 p 5606 \Ss7 3 4 s6S SS e ° 415 S \, 3 069n CO S$1, 0 � O?9.o M & C 2006 - 128 May 17, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: 2006 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments PURPOSE The purpose of this report is to obtain Council's approval for proposed adjustments to the 2006 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND Common Council approved the 2006 Water & Sewerage Utility Fund Capital Program on January 30, 2006 (M &C 2006 -18) and the General Fund Capital Program on January 16, 2006 (M &C 2006 -16). ANALYSIS It is proposed to add two new projects to the 2006 Capital Programs, defer three approved projects to future programs, increase the budget for fifteen approved projects and decrease the budget for five approved projects. The overall program envelopes will be maintained at the original levels approved by Council. A project summary for each proposed revision to the 2006 Capital Programs is attached to this report as Appendix "A ". The tables on pages 2 and 3 summarize the proposed adjustments to the 2006 Capital Programs. M &C2006 -128 May 17, 2006 Page 2 WATER & SEWERAGE UTILITY FUND CAPITAL PROGRAM ADJUSTMENTS INFRASTRUCTURE RENEWAL AND WATER SERVICE NEEDS CATEGORIES Item Program Project Change Approved Amount Proposed Amount A Infrastructure Argyle Street— Sanitary Increase Budget $ 60,000 $ 140,000 - - - - -B - - - - -- Renewal — Sanitary - - - - - -- - ---- -- ---- ------------------- - - - - -- -------------------------- Infrastructure Renewal — Sanitary Charlotte Street West — Sanitary Increase Budget $ 140,000 $ 195,000 Infrastructure C -------- Renewal — Sanitary Gooderich Street — Sanitary --------------------------------------------------- - - - - -- Increase Budget -------------------------------- $ 85,000 $ 135,000 Infrastructure D ------------------------------------------- Renewal — Sanitary - - - - -- Market Place — Sanitary ---------------------------------------------------- - - - - -- Defer Project -------------------------- - - - - -- $ 95,000 ------------------ - - - - -- 0 -------------------------- Infrastructure Renewal — Saitay___ McNamara Drive — Sanitary Decrease Budget $ 280,000 $ 25,000 F Infrastructure Old Black River Road— Sanitary Decrease Budget $ 660,000 $ 620,000 --------------------------------- Renewal — Sanitary — -------------------------------------------- - - - - -- -------------------------- - - - - -- ------------------ - - - - -- -------------------------- Infrastructure ry Sydney Street — Sanitary Increase Budget G Renewal — Sanita $ 100,000 $ 185,000 H Infrastructure Argyle Street — Water Increase Budget $ 60,000 $ 155,000 Renewal — Water I Infrastructure Gooderich Street — Water Increase Budget $ 45,000 $ 115,000 Renewal — Water J Infrastructure Latimer Lake — Water Increase Budget $ 600,000 $ 830,000 Renewal — Water K Infrastructure Market Place — Water Defer Project $ 75,000 0 Renewal — Water L Infrastructure Sydney Street — Water Increase Budget $ 95,000 $ 145,000 Renewal — Water M Infrastructure Wright Street — Water Increase Budget $ 80,000 $ 150,000 Renewal — Water N Infrastructure Cleaning & Lining — Water Additional 0 $ 400,000 Renewal — Water Project O Water Service Church Avenue — Water Decrease Budget $ 300,000 $ 265,000 Needs P Water Service Pipeline Road West— Water Decrease Budget $ 2,790,000 $ 2,105,000 Needs TOTALS: $ 5,465,000 $ 5,465,000 M &C2006 -128 May 17, 2006 Page 3 GENERAL FUND CAPITAL PROGRAM ADJUSTMENTS TRANSPORTATION AND STORM CATEGORIES Item Program Project Change Approved Amount Proposed Amount Q Storm Gooderich Street — Storm Increase Budget $ 120,000 $ 175,000 R - - - -- ----------------------------------- Storm - - - - -- Market Place — Storm ----------------------------------------------------- - - - - -- Defer Project -------------------------- - - - - -- $ 270,000 --------------------- - - - - -- 0 --------------------------- S Storm ------------------ - - - - -- Sydney Street — Storm ----------------------------------------------------- - - - - -- Increase Budget ------------------------ - - - - -- $ 70,000 ------------------- - - - - -- $ 125,000 -------------------------- T Storm Argyle Street — Storm Additional Project ---- - - - - -- 0 ------------------- - - - - -- $ 50,000 -------------------------- U Storm Wright Street — Storm Increase Budget $ 65,000 $ 110,000 V Storm Charlotte Street West — Storm Increase Budget $ 100,000 $ 160,000 W Transportation McNamara Drive — Street Increase Budget $ 390,000 $ 440,000 Reconstruction X Transportation Old Black River Road - Street Decrease Budget $ 1,800,000 $ 1,705,000 Reconstruction y Transportation Victoria Street — Street Increase Budget $ 65,000 $ 115,000 Reconstruction TOTALS: $ 2,880,000 $ 2,880,000 RECOMMENDATION It is recommended that Common Council approve the revisions to the 2006 Water & Sewerage Utility Fund and General Fund Capital Programs, as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager Appendix "A" M &C 2006 - 128 May 17, 2006 Page 4 REVISIONS TO 2006 WATER & SEWERAGE UTILITY FUND AND GENERAL FUND CAPITAL PROGRAMS PROJECT SUMMARIES The following revisions are proposed for the 2006 Capital Programs: ♦ Argyle Street — Sanitary Sewer, Watermain and Storm Sewer The detailed design has been completed for the Argyle Street project and during detailed design, it was determined that there was a requirement to increase the limits and the budget for the project to replace an additional 60 m of 150 mm diameter watermain with a 250 mm diameter watermain to eliminate a `bottleneck' in the distribution system. It was then also necessary to replace the existing terracotta sanitary sewer and to install a new storm sewer within those same limits. Budget increases for the corresponding sanitary, water and storm budgets are proposed. ♦ Charlotte Street West — Sanitary Sewer and Storm Sewer The detailed design has been completed for the Charlotte Street West project and the Engineer's estimate has been prepared based on a detailed quantity takeoff from the design drawings. Based on this information it it proposed to increase the budget for the project prior to tendering. ♦ Gooderich Street / Wri2ht Street — Sanitary Sewer, Watermain and Storm Sewer The detailed design has been completed for the Gooderich Street / Wright Street project and during detailed design it was determined that there was a requirement to increase the limits and propose a budget increase for the project to replace 205 additional meters of watermain and 80 additional meters of sanitary sewer. In addition, the budget for the storm sewer component of the project has been increased to include for the related asphalt reinstatement. Appendix "A" M &C 2006 - 128 May 17, 2006 Page 5 ♦ Market Place — Sanitary Sewer, Watermain and Storm Sewer The detailed design has been completed for the Market Place project and during detailed design it was determined that approximately $400,000 of additional sanitary sewer, watermain and storm sewer work was required to properly complete the project. This would essentially double the original project scope; an increase that cannot be accomodated within the original approved program envelopes. It is proposed that the project be deferred and relisted for consideration in 2007. ♦ McNamara Drive — Sanitary Sewer, Watermain and Street Reconstruction During detailed design it was determined through an indepth infrastructure inspection (which included a video of the interior of the existing sanitary sewer) that the majority of the existing sanitary sewer on McNamara Drive was in good condition and will not require replacement. It is proposed that the original approved budget for the sanitary work be reallocated to other projects as identified in this report. There was also a requirement to increase the budget for the street reconstruction component of this project. ♦ Old Black River Road — Sanitary Sewer and Street Reconstruction Tenders closed on April 18, 2006 for the Old Black River Road project and it was reported that costs for both the sanitary sewer and street reconstruction components would be well within budget. It is proposed to reallocate some budget capacity to other projects as outlined in this report. ♦ Sydney Street — Sanitary Sewer, Watermain and Storm Sewer Tenders closed on April 19, 2006 for the Sydney Street project and it was reported that there was a budget shortfall for all three categories of the project. Offsets are identified in this report to cover those amounts. ♦ Latimer Lake - Water During detailed design of the Latimer Lake Facility project it was determined that, in order to install new flow paced chlorinators, it would be necessary to install flow meters, sampling & injection manholes and approximately 30 meters of new 1050 mm diameter water transmission main. A budget increase is proposed to allow this work to proceed with appropriate offsets identified in this report. There is some urgency for completion of the work at this facility. Appendix "A" M &C 2006 - 128 May 17, 2006 Page 6 ♦ Cleaning and Lining Watermains Municipal Operations & Engineering has identified the need for an annual Watermain Cleaning & Lining Program to allow for the rehabilitation of unlined cast iron watermains within the distribution system. Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build -up of material on the inside wall of the pipe). This build -up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a main. It is proposed to reallocate $400,000, offset from other approved projects, to initiate implementation of a Watermain Cleaning & Lining Project in 2006. Sections of unlined cast iron pipe that exhibit good structural integrity will be selected for internal cleaning and lining. It is anticipated that this will be an ongoing program for some years to come - until all the candidate pipes are identified and rehabilitated. This is an important and positive initiative for Saint John Water, one that will have a major impact on improving water quality and fire flows in neighbourhoods across the city. A small pilot project currently underway is showing encouraging initial results. Staff will be assembling data and discussing results with customers along the streets involved. This program warrants special attention. To that end, staff is preparing a report and briefing for the near future to more fully inform Council and the public on the initiative. ♦ Pipeline Road West — Water Transmission Main / Church Avenue PRV Tenders for the Pipeline Road West and Church Avenue projects closed on March 15, 2006 and it was reported that overall costs would be significantly below budget. It is proposed that amounts from these projects be reallocated to others - primarily to watermain cleaning and lining. ♦ Victoria Street — Street Reconstruction Tenders closed on May 3, 2006 for the Victoria Street project and it was reported that there was a shortfall with the project budget. It is proposed that funding from other projects be reallocated to Victoria Street as outlined in this report. REPORT TO COMMON COUNCIL M &C 19 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Janitorial Services BACKGROUND: Tenders closed Wednesday May 17th 2006 for the establishment of a supply agreement for the provision of janitorial services to that part of the City Hall complex occupied by the City of Saint John. f City of saint J1--oh iI This supply agreement tender is a recurring requirement based on a two year cycle. Prior to each tender call, staff from the Facilities Management section review and update the requirements for this service along with the performance provided by the previous cleaners in order to address any changes or concerns prior to calling the actual bid. ANALYSIS: Four companies responded to this years tender call by submitting bids. Staff from the Facilities Management section and Materials & Fleet Management have reviewed the tenders and have found them to be complete. A summary is enclosed for Councils consideration. Page Two FINANCIAL CONSIDERATIONS: If awarded as recommended, to the lowest bidder, the cost of this service will be $69,420.00 in each year of the two year term of the agreement. Cleaning and janitorial services to City owned buildings are a yearly requirement and as such funds to cover the cost are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender for the establishment of a supply agreement, having a two year term and for the provision of janitorial services to that portion of the City Hall Complex presently occupied by the City of Saint John be awarded to JaniKing Ltd in the amount of $5,785.00 per month. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Acting Treasurer T.L. Totten, FCA City Manager City of Saint John Tender 2006 - 080301 T Janitorial Services — City Hall Complex Tender Opening: 2:30 P.M., Wednesday, May 17, 2006, 2nd Floor Boardroom, 175 Rothesay Avenue * Indicates Recommendation Jani King of NB /PEI * Atlantic Building Spruce Grove Building Adora Cleaners Barsons Cleaning 2005 Prices Contractors Cleaners DESCRIPTION YEAR I YEAR 2 YEAR 1 YEAR 2 YEAR 1 YEAR 2 YEAR 1 YEAR 2 YEAR 1 YEAR 2 Janitorial Services - $5785.001mth $5785.001mth $ 5849.00 /mth $5965.001mth $ 7169.181mth $ 7169.18 /mth $ 5950.00 /mth $ 5950.00 /mth $ 14,583.33 /mth $14,583.331mth $5009.11 /mth Lump Sum per month * Indicates Recommendation REPORT TO COMMON COUNCIL M &C 19 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sprinkler System Flushing BACKGROUND: f City of saint JcohiI Tenders closed on Wednesday May 10, 2006 for the provision of all necessary labour, materials, tools and equipment required to flush and remove sediment and build -up from the sprinkler systems located in three of the City's arenas. In addition, upon completion of the flushing process, the successful bidder is required to recharge the system and check for leaks. Included in this project are; the Hilton Belyea Arena, Lowell St., the Charles Gorman Arena, University Ave and the Peter Murray Arena, Dever Rd. ANALYSIS: Three companies responded to the tender call by submitting bids. They are; Viking Fire Protection $26,250.00 Saint John Troy Sprinkler Ltd $33,619.00 Moncton B & G Sprinklers Ltd $42,500.00 Moncton Page Two ANALYSIS .... Cont'd; Staffs from Materials & Fleet Management and Building and Technical Services have reviewed the tenders and have found them to be complete in every regard. FINANCIAL IMPLICATIONS: This project is a part of the on going maintenance program being carried out by the Facilities Management Section and as such funds to cover the cost are included in the 2006 Capital Budget. The cost to flush and test the sprinkler systems in the 3 arenas identified in the tender, if awarded to the low bidder, will be $26,250.00 plus tax. RECOMMENDATION: It is recommended that the tender submitted by Viking Fire Protection Inc., in the amount of $26,250.00 plus tax, for the provision of all necessary labour, materials, tools and equipment required to flush, clean and test the sprinkler system in the Hilton Belyea, Charles Gorman and Peter Murray arenas, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Acting Treasurer T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL M &C 19 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Rental Equipment BACKGROUND: U ?� f City of saint J1--oh iI Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of equipment necessary to supplement the needs of the various departments. This need is created by a number of requirements including; the rental of equipment not in the City's own fleet, down time of fleet vehicles for repairs or additional equipment demands to meet increased work load for maintenance and repair projects. ANALYSIS: Tenders for the establishment of these supply agreements closed on Wednesday May 17th with a number of companies submitting bids. The bids have all been reviewed by staff of the Materials and Fleet Management section and have been found to be complete in every regard. A summary of the tenders received is enclosed for Councils consideration. Page Two FINANCIAL IMPLICATIONS: It is next to impossible to predict the City's needs and therefore the total cost to obtain rental equipment during the 12 month term of this agreement, however a review of the previous years requirements has indicated a total usage cost in the area of $100,000.00 to $120,000.00 annually. This is a planned expenditure and as such funds to support this requirement are included in all general operating and capital budgets. RECOMMENDATION: It is recommended that the tender for the establishment of supply agreements for the provision of rental equipment on an as and when needed bases for the period of one year from the date of award by Council be awarded to the lowest bidder in each case as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Acting Treasurer T.L. Totten, FCA City Manager Tender 2006-086402T EQUIPMENT RENTAL Tender Openinq: 2:30 P.M., Wednesday, May 17, 2006 2nd Floor Boardroom, 175 Rothesav Avenue * Indicates Recommendation Galbraith Const. Maguire Thomas Const. D Hatfield Ltd. PREVIOUS Excavating YEARS PRICE ITEM DESCRIPTION RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR NO. 1 A) 75 H.P. CAT D -4 OR EQUIVALENT $65.00* $ 75.00 $ 65.00 $ 55.00 B) FLOAT CHARGE FOR ABOVE $ 55.00* $ 75.00 $ 50.00 EQUIPMENT 2 A) 90 H.P. CAT D -6 OR EQUIVALENT $ 90.00* $ 97.00 $ 68.00 B) FLOAT CHARGE FOR ABOVE $ 90.00* $ 75.00 $ 65.00 EQUIPMENT 3 A) 3/8 CU. YD. BACKHOE /LOADER $ 50.00 $ 70.00 $ 45.00* $ 40.00 3/8 CU. YD. BACKHOE /LOADER C/W B) BREAKER ATTACHMENT $ 85.00* $ 75.00 *) CRAWLER MOUNTED EXCAVATOR 4 A) C/W 1 CU. YD. BUCKET $ 63.00 ATTACHMENT. $ 75.00* $ 85.00 $ 98.00 (B) FLOAT CHARGE FOR ABOVE $ 90.00* $ 85.00 $ 75.00 $ 43.00 EQUIPMENT (C) HYDRAULIC BREAKER $ 65.00* $ 75.00 $ 65.00 ATTACHMENT FOR ABOVE CRAWLER EXCAVATOR 150 NET HP, WHEEL LOADER C/W 5 A) FRONT PLOW AND CUTTING EDGE $ 95.00* $ 75.00 (FOR WINTER SNOW PLOWING) * Indicates Recommendation *Indicates Recommendation Galbraith Const. Maguire Fundy Fencing Larry's Welding Kelly's Wash Atlantic Ind. D. Hatfield Ltd. Peter A. Martin PREVIOUS Excavating Ltd. Crane Rental Ltd. Tech Cleaners Holding Ltd. YEARS PRICE ITEM DESCRIPTION RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR RATE /HOUR NO. BOOM TRUCKSOPLEASE STATE 6 A) LENGTH OF BOOM, CAPACITY AND $ 52.50* NUMBER OF UNITS TENDERED) $60.00 $ 125.00 $ 52.49 BOOM TRUCK 3 -7 TON CAPACITY B) BOOM TRUCK 8 -16 TON CAPACITY $ 65.00 $ 52.50* $ 52.49 FLOATS AND TRAILERS: 7 DROP NECK LOW BED FLOAT -50 $ 90.00* $ 105.00 $ 70.00 TON D/W TRACTOR HEAVY TRUCKS 8 TRUCK TRACTOR CM FIFTH $ 48.00* $ 60.00 WHEEL MINIMUM G.V.W. , 65,000 $ 40.00 LB. (DOES NOT INCLUDE TRAILER) DUMP TRUCK (TANDEM) 6 YD. 9 MINIMUM $ 45.00* $ 40.00 DUMP TRUCK (TANDEM) 15 YD. 10 MINIMUM $ 50.00* $ 45.00 DUMP TRUCK (TANDEM) 15 YD. 11 MINIMUM (FOR WINTER SNOW REMOVAL. PLEASE QUOTE PRICE $ 30.00 /LOAD PER LOAD TO SNOW DUMP) 5 TONNE CAPACITY $ 55.00* $ 50.00 12 TRAILER /FLOAT 13 POST HOLE AUGER TRUCK — 8" $ 85.00 (1991)* $105.00(1992) $ 68.50 AUGER MIN. 14 POST HOLE AUGER TRUCK — 12" $ 85.00 (1991)* $105.00(1992) $ 68.50 AUGER MIN. 15 MOBILE STEAM TRUCK (FOR $ 65.00 $ 62.50* $ 60.00 CLEANING EQUIPMENT) *Indicates Recommendation ITEM DESCRIPTION Ready Rentals A to Z Rentals PREVIOUS YEARS PRICE NO. 16 PLATE DAILY $ 48.00 DAILY $ 30.00* DAILY DAILY DAILY DAILY $ 30.00 COMPACTOR WEEKLY $192.00 WEEKLY $120.00 WEEKLY WEEKLY WEEKLY WEEKLY $120.00 (24 "X24 ") MONTHLY $576.00 MONTHLY $300.00" MONTHLY MONTHLY MONTHLY MONTHLY $300.00 17 STEEL WHEEL DOUBLE DRUM DAILY DAILY $175.00 DAILY DAILY DAILY DAILY $175.00 VIBRATORY WEEKLY WEEKLY $700.00 WEEKLY WEEKLY WEEKLY WEEKLY $700.00 ROLLER 1 -2 TON MONTHLY MONTHLY $2100.00 MONTHLY MONTHLY MONTHLY MONTHLY $2100.00 RIDE -ON 18 12" CONCRETE DAILY $ 40.00 DAILY $ 25.00* DAILY DAILY DAILY DAILY $ 25.00 SAW —HAND WEEKLY $160.00 WEEKLY $100.00 WEEKLY WEEKLY WEEKLY WEEKLY $100.00 HELD MONTHLY $480.00 MONTHLY $300.00 MONTHLY MONTHLY MONTHLY MONTHLY $300.00 * Indicates Recommendation REPORT TO COMMON COUNCIL M &C 19 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Truck Components BACKGROUND: f City of saint J1--oh iI Tenders have been received for the supply and installation of dump bodies, plow and wing attachments and necessary hydraulic controls for 5 new 41,000 GVWR truck cab and chassis previously awarded by Council. This method of vehicle purchasing was initiated by staff of the Fleet Administration area 3 years ago when it was determined that the cost buying completed trucks was significantly greater than purchasing the cabs and chassis and component separately. Using this process staff not only saves significant dollars in the total cost but also assumes the role of project management which result in more control in the timing of delivery of the completed vehicles. This year Fleet is under taking a pilot project aimed at further cost reduction and even shorter turn around time. When purchased, 2 of the 5 dump bodies will be delivered to the City's Fleet Services area for installation by qualified City forces. The remaining 3 will be installed by the dump body supplier. A comparison of the cost and time will be made and the result will help determine future approaches to this requirement. Page Two ANALYSIS: While the tenders called for the bidders to quote each item two ways, ie; on a supply only and a supply and install bases, the 2006 pilot project will focus only on the dump bodies. All other "supply only" pricing is intended for future reference only and therefore has not been included in the enclosed tender bid summaries. While specifications for this equipment are very precise and based on standardization and performance requirements, the tenders did allow the bidders to offer equivalent equipment for consideration. Each alternative item was scrutinized and where possible, inspected by staff from the Fleet Services area and members of the Municipal Operations Plow Committee, for equivalency. As a result of this level of review it was determined that the dump bodies offered by the lowest bidder are acceptable as equivalent to the bodies specified, however none of the plow suppliers were able to provide an equivalent to the plow and quick connect systems presently in use on the majority of the City's plow truck fleet. FINANCIAL IMPLICATIONS: If awarded to the lowest bidder to meet the requirements and specifications of the tender, the total cost to supply 2 only dump bodies for installation by City forces, to supply and install 3 only dump bodies, 5 plow and wing c/w quick connect systems and hydraulic controls for 5 cab and chassis trucks, will be $306,620.00 plus tax. This is a planned expenditure for which funds have been included in the 2006 Fleet Replacement Reserve Fund. Page Three RECOMMENDATION: It is recommended that the tenders for the supply only of 2 dump bodies and the supply and installation of 3 dump bodies, 5 plow and wing and quick connect systems and 5 hydraulic control systems be awarded to the lowest bidder to meet the specifications and requirements of the tender in each case as indicated on the enclosed tender bid summary. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Acting Treasurer T.L. Totten, FCA City Manager city of saint John Tender Summary 2006 - 259001 T TRUCK ATTACHMENTS Description Fleetway Inc. Saint John Spring Works Ltd. Applied Pressure Inc. Craig Manufacturing Ltd. Ice Removal Systems Del Equipment Parts for Trucks Dump Body Supply Only $13,800.00 $16,460.00 $12,939.00 $11,795.00 * $13,300.00 Supply & Install $13,800.00 $20,800.00 $14,589.00 $13,005.00 * $14,700.00 Plow & Wing Supply & Install $22,100.00 * ** $30,267.00 * $30,350.00 $21,450.00 ** Hydraulics Supply & Install $23,214.00 $23,987.00 $18,536.00 Indicates low bid to meet specifications ** Not equivalent, tender withdrawn * ** Not equivalent, already tried and tested May 19, 2006 Common Council of The City of Saint John Your Worship and Councillors: Re: Red Head Secondary Access Road Report of Expropriations Advisory Officer In accordance with the Common Council resolution of November 7, 2005 The City of Saint John filed with the Expropriations Advisory Officer on February 1, 2006 Notices of Intention to Expropriate in respect of lands (excepting those owned by the Crown) required to permit the construction and operation of a proposed Red Head Secondary Access Road lying along the alignment shown generally on a plan prepared by Crandall Engineering Ltd. dated October 17, 2005, a copy of which was attached to the City Manager's correspondence in this regard of November 4, 2005 addressed to Common Council. Notices of Objection were filed with the Expropriations Advisory Officer within the time prescribed by the Expropriations Act with respect to lands designated as Parcel 06 -08 (PID #336701), Parcel 06 -13 (PID #339788), Parcel 06 -14 (PID #339960), Parcel 06 -15 (PID #416644), Parcel 06 -17 (PID #417097), Parcel 06 -20 (PID #55067466), Parcel 06 -21 (PID #340034) and Parcel 06 -22 (PID #55071195). The hearing by the Expropriations Advisory Officer under the Expropriations Act was held April 10, 11, 12 and 13, 2006. A copy of his report dated May 12, 2006 and received by the City that date is attached hereto. The essential paragraphs of the report are as follows: ../2 Common Council May 19, 2006 Re: Red Head Secondary Access Road —Report of Expropriations Advisory Officer City Solicitor Page 2 In addressing the present situation, I must first determine whether the proposed expropriation is reasonably necessary to accomplish the objectives of the Expropriating Authority. The objections of the City of Saint John are to provide a new second access highway to Red Head. In reviewing the evidence given at the hearing I find that the new highway is reasonably necessary. The Red Head Road is a dead -end road with erosion problems and it has been the subject of concern for the City in planning for emergencies and access for the residents for years. It is reasonable that the City provide a secure highway for the residents of Red Head. The proposed expropriation for the highway by the City of Saint John in the Design Build Agreement complies with all the proper highway design and engineering requirements. It also provides the much needed highway or roadway looping for municipal and future planning needs. The onus is on the Expropriating Authority, the City of Saint John to demonstrate that the expropriations are reasonably necessary. The City of Saint John has met the burden with the detailed and clear evidence of its witnesses at the hearing. I conclude that the objective of the construction of the second access highway in Red Head is reasonable in the circumstances. I must also consider the element of s. 17.2 which is whether the proposed expropriations are fair, balancing the objectives of the Expropriating Authority against the interests of the property owners. I have to consider the collective interest along with the interests of the property owners. I find that the proposed highway right of way expropriation is the required area to be taken from the property owners and the least intrusive compared with other options. Even though the chosen right of way divides properties and requires a wide corridor, I find that it does follow the necessary standards and requirements for an RCU 80 highway which I find is necessary for this proposed highway. ®N Common Council May 19, 2006 Re: Red Head Secondary Access Road —Report of Expropriations Advisory Officer City Solicitor Page 3 After considering all the evidence, reviewing the Exhibits, and hearing the arguments I find that the proposed expropriations are fair, balancing the objectives of the Expropriating Authority against the interests of the owners that will be extinguished. In considering the interest of the community as a whole I am of the view that the expropriations are reasonably necessary and should proceed. I therefore conclude that the City of Saint John has met the criteria proposed by s. 17.2 of the Act. I therefore recommend that the proposed expropriations proceed. Additionally, as provided for in Section 17(5) of the Expropriations Act the Expropriations Advisory Officer directed the City to pay the property owners who appeared at the hearing the sum of $200 each towards their costs and expenses. Cheques have been requisitioned and will be delivered to the owners. Attached to this correspondence are photo- reduced copies of the plans which accompany the Notices of Intention to Expropriate for the noted parcels. Section 19 of the Expropriations Act says, among other things: "19(1)(b) An expropriating authority (in this case the City) may confirm its Notice of Intention ... , ... by registering in the registry office for the county in which the land is situate a Notice of Expropriation where the expropriating authority is a municipality, signed by the clerk of the municipality. " If Council wishes to proceed, the following resolution is necessary, and upon adoption and registration of the Notices of Expropriation, title to the lands will vest in The City of Saint John. I would recommend that the following resolution be adopted: ®Ll Common Council May 19, 2006 Re: Red Head Secondary Access Road —Report of Expropriations Advisory Officer City Solicitor Page 4 Whereas Common Council by resolution dated November 7, 2005 authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer Notices of Intention to Expropriate the lands and premises hereinafter described; And whereas Notices of Intention to Expropriate the hereinafter described lands and premises were filed with the Expropriations Advisory Officer on February 1, 2006; And whereas Notices of Objection to the proposed expropriation were filed with the Expropriations Advisory Officer within the time prescribed by statute; And whereas a hearing was held by the Expropriations Advisory Officer on April 10, 11, 12, and 13, 2006; And whereas the Expropriations Advisory Officer has submitted his report bearing date May 12, 2006 and Common Council after considering this report wishes to confirm the Notices of Intention to Expropriate as recommended by the Expropriations Advisory Officer; Now therefore be it resolved that Common Council does hereby confirm the Notices of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described as Parcel 06 -08 (PID #336701), Parcel 06 -13 (PID #339788), Parcel 06 -14 (PID #339960), Parcel 06 -15 (PID #416644), Parcel 06 -17 (PID #417097), Parcel 06 -20 (PID #55067466), Parcel 06 -21 (PID #340034) and Parcel 06 -22 (PID #55071195), and the registering of Notice of Expropriation of the lands and premises hereinbefore described in the Office of the Registrar of Deeds in and for the County of Saint John/Land Titles Office New Brunswick as the case may be. Respectfully Submitted, John L. Nugent City Solicitor PROVINCE OF NEW BRUNSWICK IN THE MATTER OF THE EXPROPRIATION ACT IN THE MATTER OF: City of Saint John Expropriating Authority -and- Marie Paulette Mcllveen, Norman Clark Mcllveen; Winnifred V. Trecartin; Estate of A.J. Debly; Thomas Developments Limited; Alison Jane McKiel, Douglas Roy McKiel; Dennis James. Griffin ObjectorslOwners Expropriation Files 933, 934, 935, 938, 9408 941, 942, 946 REPORT On February 1s1, 2006, the Expropriating Authority, the City of Saint John, filed a Notice of Intention to Expropriate with the Expropriations Advisory Officer pursuant to a. 6 of the ExpropriationAct in the above expropriation matters. On March 6n', 2006, the Expropriating Authority fried an Affidavit of Evidence of Compliance with the Officer for each expropriation. The Owners, Marie Paulette Mcllveen, Norman Clark Mcllveen; Winnlfred V. Trecartin; Estate of A.J. Debly: Lawrence Debly, Teresa Debly, John Debly, Charles Debly, Marion Debly and Lila Debly; Thomas Developments Limited; Alison Jane McKiel, Douglas Roy McKiel; and Dennis James Griffin, filed Notices of Objection. One of the main concerns of the Objectors was the fact that the City of Saint John applied to the Province to proceed with the Expropriation without a hearing pursuant to s.10(2) of the Expropriation Ac. The Province did not provide the Order io Council and the hearing proceeded. 05/12/00 FRI 15:90 FAX 506 AJJ UUUU wn nnsaw. V m. - -- N On April 10, 11, 12, and 13, 2006 a hearing was conducted in Saint John, New Brunswick. Mr. Thomas O'Neil, QC, and Ms. Lynda Farrell represented the City of Saint John. The Objectors were unrepresented other than Thomas Developments Ltd. which was represented by Mr. Eric Teed, QC. The City of Saint John is applying to expropriate a fee simple absolute interest in the land required for the construction and operation of a public road In the City of Saint ,John, New Brunswick. The parcels to be expropriated from the Objectors represent the lands required for the construction of this public road. The Objectors filed Notices of Objection to oppose the City's intended Expropriation of their respective properties on the following grounds: a. the city has claimed excess land b, the city has not provided disclosure to the parties C. the road will have restricted access d. the road is too close to a residence e, the road will divide properties f. the road will prevent full development of property g. the land is for private interests h. the land is for a pipeline right of way At the commencement of the proceedings I ordered the consolidation of the hearings pursuant to s.13 of the Expropriation Act for each Notice of Intention with Objections. It was convenient to do so and I was of the opinion that it did not prejudice the objecting parties. There were no preliminary objections and the expropriating authority had complied with the notices pursuant to the Act. The Expropriating Authority called seven witnesses at the hearing, Mr. Terry Totten, City Manager; Mr. Jim Baird, Director of Community Planning for the City; Mr, Paul Groody, Commissioner of Engineering and City Engineer; Mr. Eric Griffin, City Senior Engineering Manager; Mr. Alan Fiander, Consulting Engineer; Dr. Valsangkar, Consulting Geotechnical Engineer; and Mr. Joseph Kileol, Consulting Engineer. The Objectors called no witnesses. Each was permitted to question and cross - examine the City's witnesses and the opportunity to give a closing 05/12/06 FRI 15:33 FAX 500 453 9000 UUA If NbUIN U 3 argument. A schedule of the exhibits presented at the hearing is annexed as Appendix "A ". THE EVIDENCE Mr. Terry Totten has been the City Manager for the City of Saint John since 1993. He is a senior employee and his duties include making recommendations to city council on policy decisions, supervising staff, and liaising with community groups. Mr. Totten is familiar with the Red Head area of Saint John and the Red Head Road. Mr. Totten produced a number of files where the erosion problems were documented along Red Head Road. In September 1995 properties were vacated because of the erosion. The City began to look at alternatives in the event of a complete failure of the Red Head Road due to the erosion. In 1995, a report of Fundy Engineering was prepared wherein a possible failure of the Road was identified. Cost estimates of a breakwater and sources of funding were discussed and reviewed. No funding materialized for a breakwater due to the high cost. As a result the City focused on the possibility of another access to the Red Head area. In 2002, Crandall Engineering was retained to review the Red Head Road problem with a view to designing a second access road to Red Head. The Crandall report included a geotechnical analysis by Jacques Whitford & Associates, geotechnical engineers. The Emergency Measures Organization was also consulted and a report was prepared by AME. The Crandall Engineering report was delivered in 2003. It identified three options for a second access road to Red Head at a cost of more than $6 million. This would have been the largest City investment ever for road work in the City. The City had no funding for such a project, And although it was looking for a second access, this project was not high on a priority list for the City. In 2004, the City began to look at the effect of the LNG terminal construction on the Red Head Road. The plans called for barge delivery for construction with no long term benefits to the City. It is at this time that the City began negotiations to form a partnership with Irving Oil Limited for the construction of a second access road. That proposed highway would connect to the City infrastructure, 06/12/06 FRI 16:31 FAS ODU 400 UUUU uw LAnJWV V w. The City and Irving Oil Limited negotiated a Design Build Agreement whereby Irving Oil Limited would construct a new public highway at its cost. Irving Oil Limited required the City to secure the land and provide it ready for construction by the summer of 2006. The City would do work on the Old Black River Road to the New Highway and take steps to secure lands from the Old Black River Road to the Proud Road. The new highway would be built to Department of Transportation standards for a Rural Connector Undivided highway, a so- called RCU 80 highway, The proposed new highway would also have some controlled access by virtue of city by -laws. A November 4, 2005 report was prepared for City Council with the Resolutions for the Design Build Agreement with Irving Oil Limited for the construction of the highway which would be a public asset for the benefit of both parties. On November 7, 2005 City Council accepted the report and passed the resolutions. The Agreement was signed November 8, 2005. (Exhibit # 16). The City held an open house with the Red Head owners who raised some concerns but the public was generally in favour of the proposal. The new highway is to be a second access for the citizens of Red Head for not only emergency use but also public use at all times. The new highway will form a bop to the Red Head area using the Old Black River Road and the Proud Road. The City presently has a license to use the Proud Road. It was built and is owned by the Federal Government for access to federal navigational aids. The City Is in the process of acquiring this roadway. The City is opposed to dead end roads and therefore looks for alternative routes for looping for the benefit of residents. This second access highway will be totally funded by Irving Oil Limited. The City has agreed to do the upgrading of the Old Black River Road, linkages and underground services. Mr. Jim Baird testified for the City. He has been with the City in municipal planning for 26 years and since 2001 has been the City Commissioner of Planning and Development. He is familiar with the Red Head area. According to him the road to Red Head dates back to the 1800's and is a dead -end road with no second access. It was part of Simonds which was amalgamated with the City in 1967. The Red Head Road has two lanes and hugs the coast with sharp corners. Some homes along the bank of the coast have been lost due to erosion. There are two subdivisions in Red Head both with water and sewer services. 05:12/06 FRI 15:31 FAX 506 453 9UUU UUX UAINJINN U a 1 .' "I E The major concerns with the Red Head Road have been access, and the ability to deliver emergency services of police, ambulance and fire if the road is blocked. For planning purposes, planners try to have more than one access to subdivisions and they avoid long cu -de -sacs. The City has a by -law to limit the length of cu -de -sacs. This new highway will permit the loop with the Black River Road and the Proud Road, It will also open up land for development. New roadways or highways have to be built to a standard and the engineers will not permit roads less than that standard. Mr. Baird testified that he walked most of the proposed expropriation property area. He found that the new highway area is primarily forested, with some open Fields, and some clearings. Some areas are soft and wet forested. There is also a stream with a steep bank or cut and a 60 foot drop in elevation in the proposed property. The Community Planning Act provides for controls to roadways. A municipality can establish access controls by by -law. There are different levels of road access: Level 1 - none (Trans- Canada or Highway 1) to Level 2 - temporary resource roads and Level 3 - local municipal roads. The by -laws will permit the City to allow driveways where local streets may be developed. This will allow for the provision for space for vehicles to turn around to avoid backing out on to the highway. Owners of narrow tracts of land may be required to share driveway access to the new highway. These by -laws are being prepared by the City. The buffer area provided for this new highway exceeds what has been permitted in other areas of the City. For example the buffer area to the Debly residence is a vegetated area of 113 metres which is significant. Mr. Paul Groody, the Commissioner of Engineering and City Engineer testified. Mr. Groody is familiar with the Red Head area of Saint John both in his role as City engineer and as co -chair of Saint John Emergency Management. There has been concern over the erosion assessment for the Red Head area since the study and report of Fundy Engineering in 1995. There is no means to get in or out in an emergency if the Red Head Road is blocked. The Geo- technical studies cannot predict when a failure of the area will occur. The area has a history of slope or embankment failures. 05/12/0u rxi 10:ee rn.i DUD 40e noon w .. ............ V .,.,. .f._. rat The City needs a secure access to Red Head. It needs to move away from the current roadway. Any new roads built today must be built to a standard. The standards followed in Canada for roadways are the Transportation Association of Canada, TAC, standards. An RCU 90 highway is a standard adopted by TAC which means a rural connector undivided highway for a posted speed limit of 80 km /hour. The City requested a secure access road, it would not have imposed the speed limit. This was chosen by the design experts. In 2002, before any preliminary discussions with Irving Oil Limited, an RCU 90 highway was recommended to the City. The difference in an RCU 90 and an RCU 80 highway is the design speed of the road for the terrain. Mr. Eric Giffin testified. He is a Senior Engineering Manager and is designated by City Council to represent the City as the project manager for the Design Build Agreement. Crandall Engineering prepared the design and produced drawings for the City to review. Mr. Giffin discussed the RCU 80 standards and the width of the right of way with Crandall Engineering. The RCU 80 highway was chosen. Mr. Giffin explained the plans, daylight lines, fill sections, slope calculations, and buffer zones which are all criteria used in the design of the highway and right of way. He also explained the need for a wider right of way to cross the stream for construction and maintenance of the culvert required. Mr. Giffin explained that 66 foot right of ways for highways are no longer the standard. An RCU 80 highway cannot be built on a 66 foot right of way. Mr. Allan Hander, president of Hander & Associates Ltd. testified as an expert witness for the City, Mr. Hander's firm specializes in highway design. He has worked in highway design for over 30 years, he has been an assistant Professor of Engineering at UNB and worked as a senior transportation engineer. He has been involved in many projects for highways including the three Trans Caneda divided highway projects in NB and NS in recent years. Most of his design work has been for the Department of Transportation. He has not done design work for cities, since highways are normally built by or for the Department of Transportation. 05/12/06 YRl 15;JZ !AA Sub Yoe aboo wn "AINQUO v wMl 7 Mr. Flander has also been involved with highway standards in the TAC organization for many years. TAC is an association that has existed since 1914 to provide updated technical guidelines for professionals. Its membership is made up of all levels of government, corporate and academic institution representatives. TAC provides manuals which are the main guide for Canadian highways. They basically define the roadway for a safe highway facility. TAC is the accepted standard in Canada and the only standard used in New Brunswick. Mr. Flander was retained by the City to review the Crandall Engineering plans and right of way for the proposed Red Head Access Highway and to determine if it was reasonable. He reviewed the Design Build Agreement and plans. He was also present at the hearing to hear Mr, Giffin explain the right of way width requirements and the cross sections. Mr. Fiander explained the category of an RCU 80 highway and provided his opinion that it was a logical facility to have in this situation. The highway design speed is 80 km and the posted speed is 70 km, He testified that 70 km is a reasonable speed when you get out of congested areas. The primary differences between an RCU 80 highway and an RCU 90 highway are that the collector radius curves would be longer and wider, For a higher speed you need more highway. He also testified that as road highway classes change slopes become flatter and shoulder widths vary. In Mr. Fiander's opinion the RCU 80 highway design is reasonable. He also stated that any roadway design in 2006 must be to today's standards, The 66 foot right of way of years ago is not a standard today in rural and undeveloped areas. Mr. Fiander gave examples of the change in slope and width needed. The highway right of way width does not vary as it proceeds since the highway designers define sections and maintain a consistent width over a reasonable length of highway. The extreme point is chosen on each side of the highway and buffers are added. Where steeper rill sections are located and water courses crossed more space is needed. The City must have space to access areas for construction and maintenance of watercourse crossings. In Mr. Fiander's opinion the width of the proposed highway right of way to be expropriated is reasonable. It is essentially consistent with the normal practice for New Brunswick highways and within reason for its entire length. uoiiuuu rni 10.00 rn.. OUV u.,.. _ ...,_ I Mr. Fiander was of the view that the distance of 113 metres from the highway to the Debly residence was reasonable. There is thick wood cover sufficient for a reasonable buffer zone. He observed that by moving the highway to the east it would raise U elevation making the noise exposure move more directly to the house. He concluded that the buffer zone provided for the Debly residence was more reasonable than those for many subdivisions. According to Mr. Fiander there was no provision in the highway right of way for anything other than land for space for a highway. He did not believe that the grades would ever accommodate a railway or that the space would allow for a pipeline. Dr. Arun Valsangkar testified, He is a professor of Civil Engineering at UNB and a visiting ! fellow at Cambridge University. He is also a special project engineer with Jacques Whitford & Associates, Geotechnical Consulting Engineers for whom he has worked on the stability of embankments and slope failures in the region. In 2002 Dr. Valsangkar worked on a major report to investigate the slope failure of the Red Head Road. He testified that with all embankments there is erosion and major slides. There is a continued history of major slides in Red Head which have been documented for centuries. Erosion at the toe of the slope can trigger a slide which cannot be predicted. The clay material is susceptible to erosion. Dr. Valsangkar stated that the cost of repair is prohibitive and not practical to fix. Mr. Joseph Kileel testified. He is the senior engineer and Vice President of Crandall Engineering and has been a registered professional engineer in the Province since 1977. Crandall was engaged by the City of Saint John to design a second access road to Red Head. The highway design was for an RCU 80 highway and only for a highway. Crandall looked at different routes or possibilities and the alignment presented at the hearing was iteration number 14. Most iterations are made up of grade changers. The process of designing the highway is to create a balance of cuts and fills, RCU 80 curves and uniform width choices of the highway. There are wider areas for culverts and fish pools. 05/12/06 FRI 15:35 FAX bUO 403 9bUU we hAINaUn v Mnl @J A, 9 For example, the Mcllveen property required additional width to accommodate a dam, culvert and space for access to construct maintain and repair the installations for the highway. This additional space is for the size and depth of the culvert. Mr. Kilael stated that the property owners Mcllveen and Debly would be accommodated to continue their access to their properties from the new highway. When Mr. Kileel was asked why the highway was moved back from the conceptual design of 2002 he stated that it was because of cost, to keep away from the subdivision, and to avoid the ball park, the Debly house and a major hill. ARGUMENTS: City of Saint John: The City submits that it is an expropriating authority under the Municioalifies Ac f and that the highway is reasonably necessary and is fair Fundamental planning requires that roads be looped to avoid dead - ends roads. The Red Head Road is a dead -end and there has been a need for a new highway to Red Head for some time. The issues with the Red Head Road are continual erosion, slope failures and an overall concern for access and emergency services. These issues all existed before the City entered into negotiations with Irving Oil Limited for the new highway. The City argues that the unchallenged evidence of Mr. Fiander supports the fact that the planners of the proposed highway have met all the appropriate standards. It argues that the proposed highway routing is reasonable. It has the required right of way width and a sufficient buffer for the Debly residence. The City submits that the Design Build Agreement is a windfall for the City of Saint John which will provide for a public highway at minimal cost to the City. The City also argues that the Objectors' opposition to the LNG terminal is not applicable aslo whether or not the new highway is necessary, as the terminal is not an issue before this hearing. The sole question is whether the highway, its alignment and width are all reasonable. 051112/00 tKl 15:" kAk OU0 400 eovo wn unim�n u nom. 10 The City argues that looping the road through Red Head is a necessity. The new highway will be a public road and can be used by all residents and the Irving interests. The land and highway will be owned by the City and not by Irving Oil Limited, The Objectors: Mr. Mcllveen conceded that many of his questions had been answered at the hearing. However he did not like the attempt by the City to proceed with the expropriation with no hearing and welcomed the opportunity for the experts to explain the situation. Mrs. Trecartin agreed with Mr. Mcllveen's presentation. Mr. Charles Debly and Ms. Teresa Debly argued that the alignment should be changed to further distance the highway from the Debly residence, since it is the only property being expropriated with a residence nearby. According to them the buffer zone is insufficient, They submitted that the City did not treat them fairly or request their input. Mr. Teed presented arguments on behalf of Thomas Developments Limited. He proposed that the expropriation be delayed until all the other land for the highway loop was obtained by the City. He also maintained that the width chosen for the right of way was excessive and not essential. Mr. McKie) argued that there were too many loopholes in the Design Build Agreement with Irving Oil Limited. According to him the use of the road by Irving for the LNG project should be clarified. A good faith agreement is not sufficient. Mr. Giffin argued that the highway design requirements for a Red Head Road have been exceeded in the Design Build Agreement with Irving Oil Limited. He is losing his rights to fully develop the gravel resource on his property. He submits that only time will tell if the new highway is a gift or windfall to the City of Saint John. 05!12 /O6 FRI 15:9.7 FAF 5OU 455 96UU wn neuvauiv V xe• tt FINDINIGS OF FACT AND RECOMMENDATION Section 17(2) of the Expropriation Act of New Brunswick sets out the criteria to be considered by the Expropriations Advisory Officer in forming an opinion as to the proposed expropriation. Section 17(2) reads as follows: The report submitted under subsection (1) shall contain a summary of the evidence and arguments presented at the hearing and any finding of fact by the Officer and shall state the opinion of the Officer as to whether the proposed Expropriation (a) is reasonably necessary to accomplish the objectives of the expropriating authority or applicant, (b) is fair, balancing the objectives of the expropriating authority or applicant against the interests of the owner that would be extinguished by the expropriation, and (c) in the case of an application under Section 7, is consistent with the public interest. In addressing the present situation, I must first determine whether the proposed expropriation is reasonably necessary to accomplish the objectives of the Expropriating Authority. The objectives of the City of Saint John are to provide a new second access highway to Red Head. In reviewing the evidence given at the hearing I find that the new highway is reasonably necessary. The Red Head Road is a dead -end road with erosion problems and it has been the subject of concern for the City in planning for emergencies and access for the residents for years. It is reasonable that the City provide a secure highway for the residents of Red Head. The proposed expropriation for the highway by the City of Saint John in the Design Build Agreement complies with all the proper highway design and engineering requirements. It also provides the much needed highway or roadway looping for municipal and future planning needs. The onus is on the Expropriating Authority, the City of Saint John to demonstrate that the expropriations are reasonably necessary. The City of Saint John has met the burden with the detailed and clear evidence of its witnesses at the hearing. I conclude that the objective of the construction of the second access highway in Red Head is reasonable in the circumstances. 05112/06 FAI 15;34 ML1 UUU 4JJ UuUU ws nnwewv U ALI 12 I must also consider the element of s. 17.2 which is whether the proposed expropriations are fair, balancing the objectives of the Expropriating Authority against the interests of the property owners. I have to consider the collective interest along with the interests of the property owners. I find that the proposed highway right of way expropriation is the required area to be taken from the property owners and the least intrusive compared with other options. Even though the chosen right of way divides properties and requires a wide corridor, I find that it does follow the necessary standards and requirements for an RCU 80 highway which 1 find is necessary for this proposed highway. After considering all the evidence, reviewing the Exhibits, and hearing the arguments I find that the proposed expropriations are fair, balancing the objectives of the Expropriating Authority against the interests of the owners that will be extinguished. In considering the interest of the community as a whole I am of the view that the expropriations are reasonably necessary and should proceed. I therefore conclude that the City of Saint John has met the criteria proposed by s. 17.2 of the Act. 1 therefore recommend that the proposed expropriations proceed. Pursuant to s. 17(5) of the Act I direct the City of Saint John to pay the property owners who appeared at the hearing costs in the sum of $200.00 towards their costs and expenses as follows: Marie Paulette Mcllveen & Norman Clark Mcllveen Winnifred V. Trecartin Estate of A.J. Debiy Thomas Developments Limited Alison Jane McKiel & Douglas Roy McKiel Dennis James Griffin $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 05/12/06 FRI 15:99 FAX 506 4bJ 9bUU wn nnrvoUn v nci 13 The latest date at which the expropriations maybe effected is the 3111 day of July, 2006. RESPECTIVELY SUBMITTED to the City of Saint John this 12`" day of May, 2006. dgtE b.L8,4je Expropriations Advisory Officer u5 /1Z /Ub kK1 10:04 can Duo 400 aouu w.. ..^" "'.. ..". 14 APPENDIX A 1. Notice of Withdrawal of Objection of Sierra Supplies Ltd. dated April 10, 2006. 2. Notices of Intention to Expropriate Form A -2 filed February 1, 2006: .1 Marie Paulette M`llveen and Norman Clark Mallveen (933) .2 Edward H. & Winnifred Trecartin (934) & (935) .4 A.J. Debly Estate, Marion Debly (938) ,5 Thomas Developments Ltd. (940) .6 Thomas Developments Ltd. (94 1 ) .7 Allison Jane M`Kiel and Douglas Roy M`Kiel (942) .8 Dennis James Griffin and Elizabeth J. Griffin (946) 3. Notices of Objection Form A -10: A Marie Paulette M91veen & Norman Clark M`Ilveen, February 17, 2006 .2 Winnifred V. Trecartin, February 17, 2006 .4 (a) Lawrence Debly, February 17, 2006 (b) Lila Debly, February 17, 2006 (c) Marion Debly, February 17, 2006 (d) Charles Debly, February 17, 2006 (s) Jahn Debly, February 17, 2006 (f) Teresa Debly, February 17, 2006 .5 Thomas Development Ltd., February 17, 2006 .6 Thomas Development Ltd., February 17, 2006 .7 (a) A. Jane M`Kiel & Douglas Roy M`Kiel, February 17, 2006 (b) Douglas R. M`Kiel, February 17, 2006 .8 Dennis James Griffin, February 13, 2006 Affidavits of Compliance filed March 6, 2006: .1 Made Paulette M`Ilveen & Norman Clark M`Ilveen .2 Winnifred V. Trecartin .3 Winnifred V. Trecartin .4 Marion E. Debly .5 Thomas Developments Limited .6 Thomas Developments Limited .7 Allison Jane M`Kiel & Douglas Roy M`Kiel .8 Dennis James Griffin 5. Notice pursuant to s. 12 of the Expropriation Act filed March 24, 2006. 6. Affidavit of Service of s. 12, Expropriation Act Notice: .1 Marie Paulette M`Ilveen & Norman Clark M °Ilveen .2 Winnifred V. Trecartin .4 Lawrence Debly, Teresa Debly, John Debly, Charles Debly, Marion Debly & Lila Debly .5 Thomas Developments Ltd. .7 Allison Jane M`Kiel and Douglas Roy M`Kiel .8 Dennis James Griffin 7. Crandall Engineering Ltd, Red Head Secondary Access Road Contract Drawings March 9, 2006. B. Overview Plan — Red Head Secondary Access Road, February 1, 2006. 9. Sketch of Red Head Access Road A.J. Debly Estate — Hughes Surveys Ltd. 05/12/06 FRI 15:34 t'HA OUu 40J U0VU w,� nnivauwv v an♦ 25 10. Red Head Road Slope Stability Report, Fundy Engineering & Consulting Ltd — September 18, 1995, 11. Crandall Engineering Ltd. Report — Erosion of Red Head Slope — September 23, 2002. 12. AMEC Report— Assessment of Bank Erosion Red Head Road Bluff — September 26, 2001. 13. Background Report to City Council, Secondary Access Road to Red Head. 14. T. Totten, City Manager, Report to City Council November 4, 2005, 15. Saint John City Council Resolutions November 7, 2005. 16. City of Saint John — Irving Oil Limited Mispec Road Project — Design -Build Agreement November 8, 2005. 17, Red Head. Road Secondary Access Preliminary Design Brief on the Evaluation of Various Route Options — Draft Report — July 26, 2002, 18. Red Head Secondary Access Preliminary Design Brief on the Evaluation of Various Route Options Final Report Submission March 1, 2004. 19, Jim Baird Report to Common Council on Controlled Access — January 27, 2006. 20. Saint John City Council Resolution an control access bylaw— January 30, 2006. 21.(a) Woodlawn Park Subdivision — Tentative Plan — Hughes Surveys Ltd. November 16, 1979, Plan 1 of 2. (b) Woodlawn Park Subdivision — Tentative Plan — Hughes Surveys Ltd. November 16, 1979, Plan 2 of 2. 22. Highway Cross Section Plans of properties. 23. Mr. A.D. Fiander P. Frig, cv. 24. VKiel Property Cross section sketch with Mr. M`Kiel notation. 25. Dr. Arun J. Valsangkar Ph. D. P. Eng. cv. 26. Plan sketch of Shoreline change 1784 -today — Red Head Point to Black Point. 27. Aerial Photo of 1962 slope slide. 28. Joseph J. Kileel P. Eng, cv. 29. Crandall Engineering Report, Joseph Kileel on Red Head Secondary Access Road Alignment Rationale dated March 22, 2006. 30. Crandall Engineering Report, Joseph Kileel on Red Head Secondary Access Road Right of Way Rationale dated March 22, 2006. 31. Fundy Engineering Plan — Red Head Secondary Access Road Environmental Impact Assessment November 2005. 32. Affidavits of Service of Notice of Entry an property owners pursuant to s. 5 of the Expropriation Act. 05/12/06 FRI 15:35 FAX 506 433 96UU WA nn UN u MLI �V,. 16 33. E -mail correspondence re Doug M`Kiel property and Crandall letter of January 11, 2006. 34. LNG Project Binder — Environmental Impact Statement — March 23, 2004. 35. Red Head Secondary Access and Related Malten Report to Common Council of J.P. Groody and T. Totten - July 3, 2003. n j! Noel jo Ce.H B.? S S3aC ^RI ^rS4.2a: S: 9e:. }9_�eb•S�S rU -ai '3:Y P885iRme1 .a:..r3a iIWO g \ x qN N L- \ \ S �_ °r c a96 + N� 0 t 4° OA r4a 2 A Oc 5. s er O G 2. Or, G 9 O 7.G o- •AN Tm5 No \ n e z N zoa \ 1 loioi� e E ° a ^ a o � 2 e �yyy �u u? 8 u mg dW W 9 a \ e' hNIaY vY Co Newwu + •p q 2 \ \ c q A o 0 2 a °or'a e 2 0 G. '¢ er c cSP �^�}m2�000 � �O n,gN'k�9rle °iN �§ t.FF 3 °e4 AF r P �a QV N 2 COQ � � c'� n � 7 v �•: X�ya N:�• -u' S a� �diFS,?�a L �,�^ ,3°S' b"3 Ab "a 8y SS .B S :a .�g,o a �..... °�� Y ,3. A.0 .-�. o. A•o o e ^u� BP o.B S� 3 �F^:,��° p �4 a° +'e.�c� � P yy � �' _ � �� m� x:o � z n ° pn .4 �'d:�p5,^ n`�. �°o i, �m e ?ww.,.,.,.,u•uw §=TTors q $,B''e O�z �fl�i�i g§' �S $ ,: • 4 2 °g ' o o.m C "" ^ -__ \3a vRma ' ..9sp&'aa s � s Sg d n $ nNSc�A�.n o 'as o O S �^cc aR��E4 9; ae 1 § S . n (D � 'JSJ n' ' 3 e p1 � �y 3 ��~�'v• ^ � R3 S o ma 3 o n ^mpmh' o +\ >��F'$,'Y'j; � aO ��8� 4i a�pu p 3� .7 i a b^ 6_ f 1C mOO a, y-J so num w i •33$ga �b aa% d a e'. Sa a a m^ A .e8c2� eG Uu _ nwe�o� _ & ��ca a'57wmuo8 p5v "� °t wogss oaR =a zoi�'?pYva .A 3, poi m� 3 `8 mF ':m . 2$.S .. .. FINK fRn�,TF S a S Y 7q� 540 00 ?SPfYa is �a BY'3 uQP 4z as e'6 IT 3Y '$q as IF i r _ yy}QPQQ n q N "q Olt i°O. L8'90 .IL4 B at XQ q4 . 4 ,`}� oil 3 ail �A Q }7\ q 5. o l , �p?!O � L F4 p '°\ 1 SW PW ME 7 Jr 9 w m � n � 2 yr B g K :y'g % � 5 0.3$ 3§53 ffgB o m Ea o3O k ,• NN o WR § ^ ° s - p ns v..e, N'd g wm S�na�AN �a5a Y.$R • §,zo §.34 A m °mn a z z Cl °. °. a 3 - R £ g3 a 3 i 1q, gg 9' 3 s �4o nnN § 8° 9oB ago ; § 3 4a ; l igg g im FW m °, �, m w°.,� ��,o € , da 3 -� x eIH o .bi n E3 `^ p dim q m "� a. DSA� :gi Rp a a_ 9a.a °s U w m_. 2 3' .oP j „0§ w • ' a§ ., a � p 2» ? Y�fr mF �nm °➢ 09 < •l go�� °._ Fn 3 e°^C' 1.i °!a e1 l' i a a S g 8 >• °h SS 5868 i S aMg Yr ■.. Q .. p \ F ` N W un•1�&wuMY � - Olt ¢ tit \ %a 9yy f•fF9�♦yyYLLSRg9`a` sias�¢I --Y• p VO 9 \ i•F ?.Y3: b o I! ; YR C'•. Rio \5 $,$ 6,e'. oq,9 ? § _ i 540 000 Qa g $ " r {i 2 SM 000 +\ ey s ii 0009 `5 a p9 ac G q Jo a� p9'1G£ ^S 014C$ C 9 ad's Q ,M _ `F t'i 90 pS91 ,ILL r� X�( pll.oiad /I.vod 0009 ,04 .p5 .ILI m 4hq SS 4bf .ILI O °+s \`iRyC 'e p $ Ott y� Q P2�P�J� s LA IOU Q9 25404W \+ 'b G3 2 00 n d ¢ i d ow L., m oo ai oa D o tt at vw Nw uv Nwvv uiC'8 ' ya 3E Ski � S�2 �g°53 9 /d - c6A N O()S�R�°o °�� .$ s ^� e•'ZR o6 ¢ N �' ___$ 8' iu ;; FCa:� ay. ad 3g �+"z a S py a 2 n 3 2 Cam_ »AMR m:22av >< n,!.° P3. $ mu -N�'�g �'�'°'C'u °w" F�:A^ i R 3 3 ^° i $ 3 ' ar pm gloom. qo_mN ai' «°g:fron.s4 e,; 3�3Z,:% 3 9 N RR e' ^� 3 �R • f. ° � 3 o rn Z n�c d S¢ $99 33 91 a �G S� n o k �'o"mkmm`d ma °ce 3 U % $ S : o n. ,, < 2 T i g o D n m - ___ 5 o ,: , f $� gpI i as o� p o D �° 3gm$ 38 >g' o e g $➢ ma 4 3 $ e € 4 U h'8Ss ^oc R «gg' G;= $ 3 °a aF393X3RRRS95 �w oC3 °« a Ry, s s Am ®^ n 8 �. rt ;�3�3��RwOx a 1 g, s e z g - CD III r as: asg:r's'�a�sa� ac a �q3 a $' .. e. t 1 4 f�, � F a F q z ti y I= y^ 4 e a b \ a 2 3 ob? =" p`I a 3�- a 00 0 7 0 O 00 P gs -gym °6 O^`n }3 »� o a .n OC'WO`ixfo m < �j �ywoaO» y =o num �� -"Zed � F F o »n °3 m a- II F' f OP P gq O� �q9�0 `ga n °a aI\'°t,5 ciz P�% A Oµµ 1 q��P7(V P �Np P HCC4 .l4 Q. gyg�'P aS 4 9�a A O q�" .b 1 S.0 ,00 gi OH F aa :.3 agg R3 S3' mo w on M2 GR_x a. fn i" F e , a_. � K n4 gg: »m a 3a -g° cc V4 I mM<q g " ". ■OEi �J IkEa�l ��t ei .i2Y 's n \ W 0`° N 57 0 D Y5d1$'� g d� 2 540 2W 4F 0 � 6 J °c o 6 (_ twit d 9 o 'y a � m ° SB Sr 6 o i.R ma wz Oa O ti g E °sSC 1DO �s ° SO O ��ffiSomB�S gggg ° n no ° a$ekemP $ u ro�ac 6nn Olp 0 0 (D ° ^33RS933 a° r7+ cX� RFk X ?S Ins ° m l- pnnul In w• pa�� a 9 n 'L9 a .o °4' e r� s$ r,r �e �J �f h. LM jW" Ww Qu° M u 9wgmY 3 ? J•s Y. •�iG) r�i "s A IN �'m g �.8 as i og �' m5 a5c a s 8 t12 ° 3 OZ R . c Q g�. � ", a O ca u e m \b P \ ] Si° .GO P Y \ F~ I & € "s A IN �'m g �.8 as i og �' m5 a5c a s 8 t12 ° 3 OZ R . c Q g�. � ", a O ca u e m \b c91'3.F' gg m t$9'B�SA �c §:sac b: Ru, -n F F R SW � In t` �1I 5 J Z a W A 0 n- a - n 'z s y ° Ao i gg m t$9'B�SA �c §:sac b: Ru, -n F F R SW � In t` �1I O \ 6 oy §O�9 0 A�^�o �y t� \ L %n O I 0 gO� m\ 3 Oa u � a^ a oc � Ned e� S� �A7.Y •+J "O L 4d M b O ;•LA�b 8 . &..0 �.. . �t 0 - l\ a ��3 .y \ {n q¢O \ O ?A QO A Out 8 S \ 5 J Z a W A n- l 1a WI n S �= s y ° Ao y - mELLG' -Sev Qi g r` C �a9 y B 1,� 3? °�.'O §§$ O \ 6 oy §O�9 0 A�^�o �y t� \ L %n O I 0 gO� m\ 3 Oa u � a^ a oc � Ned e� S� �A7.Y •+J "O L 4d M b O ;•LA�b 8 . &..0 �.. . �t 0 - l\ a ��3 .y \ {n q¢O \ O ?A QO A Out 8 S \ n S O C m n °nz n- l 1a WI S �= s °'c ° Ao n - mELLG' -Sev Qi g r` C �a9 �p 1,� 3? °�.'O §§$ 3'K 33 B�3c a S& �'S 8m9 8c. v r� r�}_�y ��. " `l +Fii;� 3 SS�R$a4s i ;�ag5;9a° 5 o n ?o n n g (1) gg £ YgSS SS 80p &e $m n'c �� A"s.tl a. g yy ay 3. = s 3 c o °aao F %ai g FRS °gaxm° a�gaeg 'LI j�a" �3'.:,. ° 3 Qe °O.. �. o �va° ° »� p�3 m�Pnauu uo a F 42 $ R 3 p_Rqp ° �8 pi gg8 o NNm' z9. ^A OA N �� °s7 8 €.3 w9 "9 : 93 pR S� SS$. "� y Omuo� \" s 33 3Io 9 s seva xs� 3oQ &3s d" °c nic'� 1 �nn�F C188o$oo$oS co o,N aS g t • riE °.3 WO`zS ^D o., .. "" c m o aw_� ...7 0. .uN wak mm °c ,;.e@ " R aSQamun� z sad; '? a _ S3 F. sp= p_ °" p 0 3 e. m y ; . Raax akao m� "3 §„ op�g Aa aq 3s a RRx Nm g2a8 nA opssssa�?s�2° ° B uee m °y m Rq MWON £ i m %I ,I n S O C m n yr ■ee�� Irem•v�lc` c^ � mwm. °u . °w 6 y9 ��L3 �3�E�Yi i aE � '^'J °g� • _ ®�� 6 \ �. ��c n28�:i:.].• \ 3`. 4S �b AP $ J-y °° JD� b '::.i:' • 3�z e3° 3. s.o.oa sao a4W po ld n v -,\ j I s o {J 7� 9 a\ C w t�'i•�' O�i w\ y O,'O n ti EAS l;��ijiu 4ya o" S8 ?gy 0 p •� I 4 e �'�'�e °. � o °° Y X Y ai8�.�°. o; w °�\ + : sa sao a:w c i 3 560 600 a. q jy(�4 C" 7 Zog o \ a? 3 m \ e3 °PO = s =mULg r �^ fig Ada g`g j�R �$ yg<Aaga a$ nj ml 3 8g T m o "eyf s. a az coo a„i s° dE ° &.�s u1 $ 4 n e a Q g ,7Fyy tRo @ e ° _g 39� �G ta n 59 i160`� $ '°LSS�SSSS° 8�r ��z' ��`- 38 S a Clll ae °gip Oa xp o ° T' u." 8 }NEs o8x N gg o •' o eo : Z uC y�9 s 3 3 a tl -'d F,. q z5 Dm m8 a- o'o. inn (D a n, _ "'p ans js�aa�'a $.? zJ. N _ • m 2.E nit mo N° E ".�p m s ynn 0 e p �'m..n ,.,n 2 n n a < o'e. 3. no' $'�, ,'s • '; ° R�'. S A Txn m. ° °u`Ze c ° - °. 3y°n6� ti° A A °;� °.vB:as-m a' 3° §;' €g �$ a. a $$ a °�0 3 FL mn g, °Rp Si$ssfi Oe g8 � � a; q a 4 ' = { a a a v _S s sss ass `m T' �tl 2 s8 =�Y s I F. o 4 2z as$� °4 ° m'� m =F $= ° z. $' s • Asa s Ill f_'LF��$$r� #V IS n 3„ -Y e9 o$�Y f 3 p " IF;jj ee ° r� _it d N a b Z Cr y �� ZB s^m 3 3 nJjp'� iY oAgp ,A ..O.cA�O J.n a•C� iW�M�B`il'. NN(Z 7�00 .nl ago a s X ; b xc �a°s=„ >>4U a S m� cz a 1 $ e n� N Q R q 0 q\S6a2 Of x ai mar�n + 09 me " Na 2 I 4\ 4 ° ' J66 �6 $a 5 °f y6 fig! 4 X �6 �a o- S 4 O A Fp o'3 g3 g R ya e as as x x� €aa s =? a ag m Au gfy o m n a wU 4.> it 4 %y R YX M & C 2006 - 122 May 18, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT CONTRACT 2006- 24:Gooderich Street and Wright Street -Water and Sewer Renewal BACKGROUND This Contract consists of four projects that are approved in the 2006 Water & Sewerage Capital Program and two projects that are approved in the 2006 General Fund Capital Program as follows: 1. A 300/375mm sanitary sewer on Wright Street from Civic #14 Wright Street to the intersection of Gooderich Street, to replace an existing sanitary sewer which is in poor condition. 2. A 300mm watermain on Wright Street from Civic #14 Wright Street to the intersection of Gooderich Street, to replace an existing watermain which is in poor condition. A new 375/450 mm storm sewer on Wright Street from Civic #14 Wright Street to the intersection of Gooderich Street, to separate the sanitary and storm sewer as per the City of Saint John Wastewater Strategy. 4. A 300mm sanitary sewer on Gooderich Street from the intersection of Wright Street to Civic #46 Gooderich Street, to replace an existing sanitary sewer which is in poor condition. A 200mm watermain on Gooderich Street from the intersection of Wright Street to Civic #46 Gooderich Street, to replace an existing watermain which is in poor condition. 6. A new 375mm storm sewer on Gooderich Street from the intersection of Wright Street to Civic #46 Gooderich Street, to separate the sanitary and storm sewer as per the City of Saint John Wastewater Strategy. M & C 2006 - 122 May 18, 2006 Page 2 TENDER RESULTS Tenders closed on May 10, 2006, with the following results: 1) Fairville Construction Ltd. Saint John, NB The Engineer's estimate for the work was $981,909.60 ANALYSIS $917,590.00 The tender was reviewed by staff and the tender was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against six capital work projects. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount ofwork on this project that will be performed by City forces and others. The analysis concludes that a total amount of $830,000.00 was provided in the budget and that the projected completion cost of the projects included in the Contract is estimated to be $830,262.89 including the City's eligible HST rebate - a $3,397.83 negative difference in the Water & Sewerage Utility Fund Capital Program and a $3,134.94 positive difference in the General Fund Capital Program. RECOMMENDATION It is recommended that Contract 2006 -24: Gooderich Street and Wright Street -Water and Sewer Renewal be awarded to the low tenderer, Fairville Construction Ltd, at their tendered price of $917,590.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering M & C 2006 -126 May 18, 2006 His Worship Mayor Norm McFarlane &Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2006 -4: McNamara Drive (Loch Lomond Road to Civic # 161) Water & Sewer Construction and Street Reconstruction BACKGROUND The 2006 Water and Sewerage Utility Fund and General Fund Capital Programs include funding for water, sanitary and storm sewer renewal as well as street reconstruction. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of approximately 26 m of 150 mm diameter, 413 m of 200 mm diameter, 131m of 250 mm diameter PVC DR18, Class 150 watermain or approved equal, 50 m of 150 mm diameter sanitary sewer pipe, PVC DR35 or approved equal, 100 m of 250 mm diameter, 292 m of 300 mm diameter storm sewer pipe PVC DR35 or approved equal, and 67 m of 450 mm diameter concrete storm sewer pipe, Class III or approved equal, along with necessary appurtenances. The work also includes road excavation and backfill, supply and installation of 824 m of concrete curb, 353 m of concrete sidewalk, 804 t of asphalt concrete type B mix, 522 t of asphalt concrete type D mix, placement of 1,752 mZ of nursery sod and other related work. TENDER RESULTS Tenders closed on May 9, 2006 with the following results: 1. Galbraith Construction Ltd. $ 842,864.80 Saint John, N.B. 2. Lafarge Canada Inc. $ 854,351.24 Saint John, N.B. The Engineer's estimate for the work was $ 91 1 ,334.44. M & C 2006 — 126 May 18, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tender has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2006 Water and Sewerage Utility Fund and General Fund Transportation Capital Program. Assuming award ofthe Contract to the lowtenderer, an analysis has been completed which includes workthatwillbe performed by City forces and others. The analysis concludes that totalamount of $ 765,000.00 was provided in the budgets and that the projected completion cost of the projects included in the contract is estimated to be $770,150.90, including the City's eligible H.S.T. rebate - a $ 4,199.03 negative difference in the Water and Sewerage Utility Fund Capital Program and a $ 951.87 negative difference in the General Fund Transportation Capital Program. RECOMMENDATION It is recommended that Contract 2006 -4: McNamara Drive (Loch Lomond Road to Civic # 161) — Water and Sewer Construction and Street Reconstruction be awarded to Galbraith Construction Ltd., at their tender price of $842,864.80 as calculated based on estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, M. Paul Groody, P.Eng. Commissioner Municipal Operations &Engineering Terrence L. Totten, F.C.A. City Manager M & C 2006 - 130 May 18, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Contract 2006 -15: Howes Lake Landfill Closure — Phase III BACKGROUND Included in the 2006 General Fund Environment Capital Budget is a project for the third phase of the closure of the former municipal landfill at Howes Lake. As part of the 2002 Howes Lake Landfill Assessment and Classification Study performed by GEMTEC Limited, several recommendations were made regarding what steps should be taken to properly close the former landfill. Generally, the recommendations were that the site be regraded to promote runoff, sections of the site should have a low permeability cover installed, the leachate should be collected and treated, and a long -term groundwater and surface water monitoring program be developed. Contract 2006 -15 represents the third phase of the closure process and involves continuing with the installation of the low permeability cover. The area to be covered under this contract is shown on the attached figure. The work consists generally of the supply of all necessary labour, materials and equipment for the importing and placing of approximately 3,000 m3 of grading material, 3,800 m3 of granular filter material, 6,500m3 of clayey material, 900 m3 of riprap material, 12,700 mZ of topsoil and hydroseeding and other related work. M &C2006- 130 May 18, 2006 Page 2 TENDER RESULTS Tenders closed on May 17, 2006 with the following results: 1) Debly Enterprises Ltd. $464,530.00 Saint John, NB 2) Galbraith Construction Ltd. $522,245.00 Saint John, NB 3) Maguire Excavating Ltd. $762,730.00 Saint John, NB The Engineer's Estimate for the work was $500,000.00. ANALYSIS The tenders were reviewed by staff and found to be formal in all respects. Staff are of the opinion that the low tenderer has the necessary expertise and resources to perform the work. FINANCIAL IMPLICATIONS This contract involves work that will be charged against the 2006 General Fund Capital Environment Budget. In addition to the contract work, $73,000 has been allocated for engineering services, to be provided by GEMTEC Limited, for 2006. These services include field inspection and project management services for Contract 2006 -15, as well as continued environmental monitoring of the site. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the work to be completed by the Contractor and the Engineering Consultant. The analysis concludes that a total amount of $600,000 was provided in the budgets and the projected completion cost of the project is estimated to be $483,444.20 including the City's eligible HST rebate — a $116,555.80 positive difference. This phase of the closure project is to be cost shared 50% with the Province of New Brunswick. The Department of Environment has provided written confirmation of the funding for 2006. M &C2006- 130 May 18, 2006 Page 3 RECOMMENDATION It is recommended that Contract 2006 -15 Howes Lake Landfill Closure — Phase III be awarded to the low tenderer, Debly Enterprises Ltd, at their tendered price of $464,530.00, as calculated based on estimated quantities, and further the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager M & C — 2006 -129 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road Norman Clark McIlveen and Marie Paulette McIlveen Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. A number of voluntary land acquisitions from a number of property owners have already occurred. On April 10th through the 13th of this year, a hearing was conducted in Saint John by the Expropriations Advisory Officer. The Advisory Officer has submitted his decision on May 12, 2006, ruling in favour of The City of Saint John, advising that the proposed expropriations can proceed. On May 9, 2006 Norman and Marie McIlveen owners of the property identified as PID Number 55071195 have entered into an agreement on valuation with The City of Saint John required for the land. The purpose of this report is to seek Council's support of the attached agreement. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 7,487 square metre +/- portion of PID Number 55071195 (see attached plan) from Norman Clark McIlveen and Marie Paulette McIlveen, pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c q II 11TF 1 ip N1 IM 00 alf t ra j ii EL 00 IN\ ii ii IS !; Uffi 3 M� THIS AGREEMENT made as of the day of A.D. 2006. BETWEEN: VVV Norman Clark McIlveen and Marie Paulette McIlveen, both of 1625 Red Head Road, Saint John, New Brunswick, E2P 1K5, hereinafter called the "Vendor" OF THE FIRST PART and THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate, hereinafter called the "Purchaser" OF THE SECOND PART WITNESSETH THAT: 1. The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, designated Parcel 06 -22 on a Plan of Survey filed in the Saint John County Registry Office on February 6, 2006 as Number 2168100. 2. The total purchase price of the said land shall be Seven Thousand Four Hundred ($7,400.00) Dollars of lawful money of Canada, payable as follows, that is to say: (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by the Vendor is hereby acknowledged; and (b) The balance of Seven Thousand Three hundred Ninety Nine ($7,399.00) Dollars on the closing date hereinafter mentioned. 3. The closing date shall be on or before May 31, 2006, or such earlier date as may be agreed upon. 4. The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition on or objection to title, the sum of One Dollar ($1.00) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 5. The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in registerable form, approved by the Purchaser and /or such other documentation as may be required by the Purchaser. 2- 6. All normal adjustments, including real property taxes, shall be adjusted as of the closing date. 7. Time shall be of the essence in this Agreement. 8.(a) It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Vendor, in which case, the Purchaser will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Eight Hundred Sixty Two Dollars and Fifty Cents ($862:50) towards the Vendor's legal fees and will pay registration fees; 8.(b) It is understood and agreed that the compensation has been calculated at the rate of Four Thousand ($4,000.00) Dollars (Canadian) per acre and that in the event the Purchaser pays more than Four Thousand ($4,000.00) Dollars per acre for lands required for the Red Head Secondary Access Road (as defined in Common Council resolution adopted November 7, 2005) provided such lands are residential non- commercial, then the Purchaser shall pay to the Vendor an amount of money equal to any amount in excess of Four Thousand ($4,000.00) Dollars per acre and this clause shall survive the completion of the transaction herein contemplated. 9. The Vendor must execute this Agreement and deliver it to the Purchaser as soon as possible and in any event before noon local time, Wednesday, May 10th, 2006. 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED, SEALED & DELIVERED In the presence of SIGNED, SEALED & DELIVERED In the presence of ........... ............................... Clark Mellveen Marie Paulette THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: May 2006. M & C — 2006 -139 May 19, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Temporary Mobile Home 1287 Red Head Road BACKGROUND: On March 8, 2004 Council decided not to permit the development of the above noted lot as there were significant deficiencies to the access and services. However, on April 5, 2004, Council did approve the placement of a mobile home on the property as a temporary measure pursuant to the Mobile Home Park By- law. The applicant lived in the adjacent property (1285) and the daughter who would occupy the mobile home would provide care for the applicant's wife who was not well. Since that time they have been forced to relocate to Alberta to find employment and their home at 1285 has been sold in a mortgage sale. The daughter has accompanied the family to Alberta to help care for her mother and the mobile home is now occupied by a niece. ANALYSIS: This situation is somewhat unusual in that the temporary mobile home is no longer filling its intended purpose. However, the applicant is under significant financial distress. The mobile home has existed for two years and has not resulted in any significant problems. In light of the above a one year extension to the temporary approval pursuant to the Mobile Home Park By -law is recommended.[ , _ - comment [M01]: Please remember to print this document on Common Council Letterhead. Report to Common Council May 19, 2006 RECOMMENDATION: Page 2 The Common Council approve for one year the temporary location of a mobile home at 1287 Red Head Road pursuant to the Mobile Home Park By -law. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB /mmf Report to Common Council May 19, 2006 Page 3 PLANNING AND D'EVELOPhiENTIURBANISME ET DtVELOPPEMENT r ;•* +•.� • + '� 'y b mss! ~~ ,b rbb r_�r.�tr ,5 I j J5b ..:�i �•. s'•.b '.�.Y .{'c'. W I B jr p Ly oY r ;' n l RS - 2 I $ �•t' 'M1b 6- io:ectSiteesile en gjestion- 5600716 55t]Q9724 i LocaEiow 1297, chemin Red Head Road ` Gate: May 1 mai 16, 2C}M M Scate+edieile: Not o ecalefPae �i 1'itOolla May 19, 2006 Your Worship and Councillors: SUBJECT: Public Utility Easement 865 Red Head Road The Planning Advisory Committee considered the attached report at its May 16, 2006 meeting. The landowner, Dennis Griffin, appeared before the Committee in support of the application. An adjacent property owner, Joyce Springer (Salkey) of 867 Red Head Road, raised concerns regarding the shared use of the private access, but did not object to the proposed one -lot subdivision. After considering the presentations and staff report, the Committee resolved to grant the approval to allow the proposed new lot to be created only abutting a private access instead of a public road. The Committee also resolved to recommend the assent of any necessary public utility easements for the benefit of the fixture landowner of proposed Lot 06 -2. This recommendation is set out below for your convenience. RECOMMENDATION: That Common Council assent to the submitted photo- reduced Dennis Griffin tentative subdivision plan and to any necessary public utility easements. Respectfully submitted, Philip Hovey Chairman MRO Attachment Project No. 06 -128 Comment [M01]: Page: 1 Please place PAC Letterhead in the manual tray. DATE: MAY 12, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 16, 2006 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Dennis Griffin Name of Owner: Dennis & Elizabeth Griffin and Dennis Griffin Location: 865 Red Head Road PID: 00357673 & 00336701 (portion thereof) Municipal Plan: Low Density Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To create an unserviced residential lot not abutting a public street. Type of Application: Subdivision Dennis Griffin Page 2 865 Red Head Road May 12, 2006 JURISDICTION OF COMMITTEE: The Subdivision By -law authorizes the Planning Advisory Committee to approve other accesses than public streets when advisable for the development of land. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the creation of proposed Lot 06 -2. However, the department would object to the creation of any further lots (or additional dwellings) without the provision of a properly constructed public street by the Subdivider. Building and Technical Services has been advised of this application. Saint John Energy has indicated that overhead facilities can be extended from Red Head Road to service proposed Lot 06 -2. A public utility easement will be required over the 20 -metre (66 -foot) wide Private Access in order to protect the utility line. Aliant Telecom has no issues with this matter. Rogers has been advised of this subdivision. Maritimes & Northeast Pipeline has no concerns with regards to this subdivision proposal. Fire Department has no objection to this application, on the condition that the private access road (driveway) is constructed and maintained to allow for the access and egress of emergency apparatus. N.B. Department of Public Health and Wellness has indicated that proposed Lot 06 -1 is suitable for the installation of a private on -site disposal septic system. Dennis Griffin 865 Red Head Road ANALYSIS: Page 3 May 12, 2006 The subject property is situated on Red Head Road south of the McAllister Industrial Park in Red Head (see attached location map). The subject area is comprised of two separate properties. The smaller parcel adjacent to Red Head Road is owned by Dennis & Elizabeth Griffin. Their home is situated on this parcel (shown as Lot S on the submitted tentative subdivision plan). The landowners would like to enlarge the property from 1860 square metres (20,022 square feet) to approximately 3360 square metres (36,168 square feet) in order to create Lot 06 -1. This enlargement can be approved by the Development Officer. The second aspect of the application involves the creation of a new lot (Lot 06 -2) behind the existing residence. This new lot would be subdivided from the very large parcel of land owned by Dennis Griffin, which is approximately 17 hectares (42 acres) in area. Proposed Lot 06 -2 can satisfy the "RS -2" One and Two Family Suburban Residential zone (unserviced) standards with respect to its dimensions. However, this new lot would not abut a public street (i.e., Red Head Road). The Subdivision By -law does authorize the Planning Advisory Committee, if they so wish, to approve accesses other than public streets when advisable for the development of land. This new lot would be created for the landowner's son, who would reside in a new dwelling on Lot 06 -2. Access would be provided by a gravel driveway through the 20.12 -metre (66 -foot) wide Private Access shown on the submitted tentative subdivision plan, which would remain part of the larger 17- hectare (42- acre) property. Private Accesses The Subdivision By -law requires that all new lots abut (i.e., have direct vehicular access) to a public street. This By -law standard ensures that landowners of have unencumbered, legal access to roads maintained by the City. A typical public street has a paved surface with proper drainage that has been constructed in a manner to support the weight of all types of vehicles, including the weight of heavy firefighting apparatus. Such roads are also ploughed in the winter months in order to provide year round access. The requirement that new lots abut public streets is considered a basic and beneficial standard that not only provides convenience to landowners but facilitates timely emergency response in providing fire, police and ambulance services. The construction of private accesses is seen as a serious departure from a properly developed and maintained public street. There are most certainly a number of varying types of streets and roadways in the municipality. Some of these accesses have existed for many years, even prior to amalgamation, and lack appropriate widths and standards of construction. Maintenance of these roadways can be very problematic and have lead to requests for municipal upgrading. Dennis Griffin Page 4 865 Red Head Road May 12, 2006 The City has granted approval in some cases for additional lots on such existing roadways. The City has also approved subdivision applications involving the creation of a rear lot with narrow frontage on a street. Such lots are commonly referred to as "flag- shaped" lots. In these particular situations there is usually no opportunity to further subdivide the property, and the building site of the proposed rear lot has sufficient area and width for the development of only one other residence. Also, in recent years the City has approved private streets for cluster townhouse projects in the urban areas of the municipality. Such streets are constructed to similar engineering standards (i.e., asphalt pavement, concrete curbing, and catch basins) as public streets, but their right -of -way widths are much less. In most cases the City has not generally the approval of new private roads in the unserviced areas of the municipality where landownership consists of detached dwellings on large properties with private on -site services. Griffin Proposal The landowner is seeking permission to create a new unserviced residential lot in behind his residence and those of his neighbours. As mentioned this lot would not abut Red Head Road, though a driveway would be constructed within a proposed 20 -metre (66 -foot) wide Private Access (see submitted tentative subdivision plan). This new lot can satisfy the applicable unserviced zoning standards, N.B. Department of Public Health Services has confirmed that the lot is suitable for the installation of a private on -site septic disposal system, and the utility companies can extend services provided an easement is placed over the Private Access in order to secure their ability to maintain the utility line. In many ways this request is considered reasonable. The retention of the Private Access could facilitate the future development of the much larger property. In fact, the Subdivision By -law would prohibit the landowner from prejudicing the future subdivision of the large property. However, access to proposed Lot 06 -2 would only be provided by a private driveway with a length of approximately 140 metres (459 feet) (midpoint of the lot). While the Planning Advisory Committee could impose a condition that ensures the driveway is adequately constructed, it is doubtful that any practical condition could be enforced with regards to long -term maintenance and repair of this private driveway. Hence the benefit of new lots only being permitted when they abut a publicly maintained street. Despite the merits of this application, the principal, and the inherit benefits thereof, that all new building lots abut a public street prevents planning staff from supporting this application, especially since the same type of request could be made by many of the landowners in Red Head and elsewhere in the city, resulting in a substantial number of new lots being created that do not abut a public street. This would not be at all desirable for the development of the community. Furthermore, in this particular situation there is real potential to eventually develop a subdivision in the area. The Municipal Plan has designated the immediate lands, and those to the south and Dennis Griffin Page 5 865 Red Head Road May 12, 2006 southeast, as Low Density Residential, which encourages serviced residential development. The most likely extension of municipal services into Red Head is from the McAllister Industrial Park. In the foreseeable future, especially in light of the new collector street being constructed through the Red Head area, subdivision development of this property could occur in the foreseeable future. Such development would include a number of large properties and involve serviced lots abutting public streets. The creation of an unserviced residential lot, while consistent with the area at the moment, would be contrary to the Plan designation and likely future development of the area. While it is recognized that the landowner could construct a dwelling in the exact same location as proposed Lot 06 -2 if he was willing to convey the entire property to his son, for the reasons mentioned in this report approval of the proposed lot cannot be supported. MRO Project No. 06 -128 C3 11) -0� --a $ N o. C I- �C) � � � § § —i rz� En 41 cu V) E f 5 11 Oe &wA Ln C I- �C) � � � § § L-1 cu V) E f lu u �} -1 lo May 23, 2006 SAINT JOHN Mayor Norman McFarlane and Members of Common Council Your Worship and Councillors: RE: Finance Committee Terms of Reference P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L1 www.saintjohn.ca In April of 2005 Common Council authorized the Finance Committee to review its Terms of Reference and make recommendations on changes. This review is now complete and a proposed Terms of Reference for the Committee is attached for Council's consideration. This document has been reviewed by the City Solicitor and amended accordingly. RECOMMENDATION: It is recommended that the proposed Terms of Reference for the City's Finance Committee be adopted as presented and That in accordance with Item I of the Terms of Reference the appointment of members to this Committee be referred to the Nominating Committee. Respectfully submitted, m cc=l�oa� � 't I_, L� Michelle Hooton Deputy Mayor Chair — Finance Committee Explore our past/ Explorez notre passe fu Discover your ture D6couvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint Johi Awl W City of Saint John Finance Committee Terms of Reference 11 OVERALL PURPOSE / OBJECTIVES The Commissioner of Finance is responsible for the financial management of the City, including without limiting the generality of the foregoing the City's financial reporting, accounting systems and internal controls. The Commissioner of Finance is directly responsible to Common Council. Common Council has established a Finance Committee and given to the Committee the administrative powers and duties set out herein. In performing its work the Committee will maintain effective working relationships with Common Council, management and the external auditors. To perform this role effectively, Committee members will be expected to acquire an understanding of the City's business operations. MEMBERSHIP: a. Finance Committee will comprise of three to five Members of Common Council; b. The Chair of the Finance Committee will be selected by the Committee; C. Common Council shall make appointments to the Committee and at the time of doing so must establish the duration of each such appointment; the first three appointments made pursuant to these Terms of Reference shall be staggered terms so as to achieve as far as possible a continuity of experience amongst its members with the Committee's work. 2. MEETINGS a. The Finance Committee shall meet at least quarterly and/or as required at the call of the Committee Chair. b. Quorum for any meeting will be at least fifty (50) percent of the number of members of the Committee. C. Finance Committee meetings will be open to the public in accordance with the requirements of Section 10.2 of the Municipalities Act. The public may be excluded only in the circumstances identified therein. d. Finance Committee meetings will normally be attended by the City Manager, the Commissioner of Finance and a representative from the External Auditors. In the event of the Commissioner of Finance's inability to attend, a person designated by him for that purpose shall do so. The Commissioner of Finance or City Manager may have other employees attend with them provided the Committee consents. e. If the Finance Committee believes other employees or officers of the City would be of assistance to it, it shall advise the City Manager in advance and request that he make the appropriate arrangements. f. The External Auditor will have free and confidential access to the Finance Committee. 3. ADMINISTRATIVE POWERS AND DUTIES It will be the work of the Committee to review the financial information respecting the City's activities, monitor the audit process, and assess the existence and adequacy of systems of corporate control and management of business risk. As a consequence of performing that work the Committee will report in writing to Council and /or provide written policy recommendations to Council with respect to: a. the results of the annual financial audit and recommendation of approval of the financial statements; b. the planned activity and results of the external audit; C. assessments of business risk and internal controls; d. adequacy of management response to issues identified by audit activity, including audit's management letter; C. the independence, professional qualifications and audit scope and approach used by auditors; f. proposals for tendering for External Audit services; and g. such other matters as the Committee believes are relevant to the financial management of the City's affairs or as referred to them by Common Council. 4. REPORTING a. The Finance Committee will be provided with secretarial support by the Common Clerk's Office; b. The Common Clerk will ensure that as soon as practicable after each meeting, minutes of that meeting including the names and titles of all persons present and a record of all decisions reached, are prepared and distributed to all Members. C. The Committee Chair shall report to Common Council at least annually on the activities of the Committee and a copy of the minutes of each meeting of the Committee will be made available to members of Common Council. C�< KEY INDUSTRIES 26 Kiwanis Cf. Saint John, NB E2K 41-2 506 - 634 -6888 fax: 506- 632 -1073 May 15, 2006 City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship Mayor Norm McFarlane and Members of Common Council, Key Industries is an Agency that enhances the lives of those with intellectual and mental disabilities by offering various programs such as Life Skills, Education, Daily Valued Activities, Work Skills and Inclusive Volunteer Programs. Key Industries is unable to continue to expand its life enhancing programs or business activities within the existing building due to a lack of space. Every inch of space is being utilized and we now have a waiting list of Clients to access our programs as we are unable to accommodate additional individuals at this time. I am asking that, Your Worship Mayor McFarlane and City of Saint John Council; help our endeavor with a letter of support. This letter will be used to apply for funding from ACOA under the MRIF (Municipal Rural Infrastructure Fund). If successful with our application, we will be able to better serve the needs of the citizens of Saint John increasing their independence and dignity; in turn allowing them to lead a more independent and inclusive life. Attached you will find our existing building layout and the proposed floor plan. Please contact me if you have any questions or require additional information. Sincerely, G Christine Evans President /CEO ce/ Enclosure 2 Providing Job skills training, life skills, education and daily valued activities to Adults with Intellectual Disabilities. Existing Building Layout All R�N4 spa p 0 0 © b (D b © 0 0 KEY INDUSTRIES i - wo -ogmwu rug jai Pk�m OPIGINAL FL PLAN o I IR A RdA ns o 0 0 El a u a,a RECEI� "pp ° I o o I i All R�N4 spa Existing Site Plan NM SK.�a1 M 27 0 0 © b (D b © 0 0 KEY INDUSTRIES - wo -ogmwu rug jai Pk�m OPIGINAL FL PLAN IR A RdA Existing Site Plan NM SK.�a1 M 27 2.0 PROPOSED FLOOR PLAN ARCHITECTURAL DESIGN BRIEF RFV INDIRPRTM AI11 MON AND RFNOVATION. CAINT TORN. NF.W RRIINRWR'F Pave 2 tro May 15, 2006 John and Elizabeth Parks 7 City Line Saint John, NB E2M R6 To Mayor Norm McFarlane and Members of Common Council We wish to bring to your attention, a situation in West Saint John that has been ignored for far too many years. The sidewalks and curbs on City Line from Duke Street to Maple Row (one block), Guilford Street from City Line to Watson (two blocks) and Lancaster Street from Duke to Guilford (one block) have been neglected for many years. Since the closing of New Albert School on Duke Street West, the property is an absolute disgrace with garbage, broken glass, rock and gravel all over the sidewalk. This matter is of great concern to us as property owners; we own four houses on City Line (facing Guilford Street). We are aware, some of the older homes on Guilford Street have new owners and are striving to improve their property. How can we expect others to take pride in their neighborhood when the conditions of sidewalks etc. are deplorable. We invite any and all of you to take a walking tour of this neighbourhood and see for yourselves. We have every right as tax paying citizens to expect better conditions. Thank you for your consideration to this matter, and we look forward to seeing positive results in the very near future. Sincerely, / L John and ElizabethParks KAIROS Saint ,john Saint John, NB May 17, 2006 Mayor Norman McFarlane and Members of Common Council: Mayor and Councillors: KAIROS Saint John is pleased to note that Saint John is listed among the one hundred and seventy three municipalities who have signed the Water Declaration. This declaration commits its signatories to encourage the federal government to adopt a national water policy that promotes the following principles: Water is a sacred gift that connects all life; Access to clean water is a basic human right; The value of Earth's fresh water to the common good takes priority over any possible commercial value; Fresh water is a sacred legacy, a public trust, and a collective responsibility. We hope Common Council will call upon the Federal Government to urge the World Bank to ensure access to clean, affordable water for the people of the world, especially the poor. We thank you for your consideration and your action on this extremely important issue. Sincerely, Dorothy Dawson 693 -4981 For KAIROS Saint John Remove THESE CITIES SIGNED WATER DECLARATIONS Prince Edward Island 1. Charlottetown 2. Montague New Brunswick 1. Fredericton 2. Rivibre -Verte 3. Sainte - Anne -de- Madawaska 4. Saint John Nova Scotia 1. Argyle 2. Colchester County (Truro) 3. Halifax 4. Miramichi 5. Port Hawkesbury 6. Woltville Quebec 1. Alma 2. Asbestos 3, Ascot Corner 4. Bedford 5. Cap -Chat 6. Cascap4dia- Saint -Jules 7. Chambly 8. Cleveland 9. Cloridorme 10. Daveluyville Remove Remove 11. Dolbeau - Mistassini 12. Dundee (Canton) 13. Dunham 14. East Farnham 15. Eastman 16. Elgin 17. Escuminac 18. Farnham 19. Ferland- et- Soilleau 20. Franklin 21. Gasp4 22. Gatineau 23. Grande- Rivi4re 24. Grande- Vall4e 25. Haut Saint- Frangois (MRC) 26. Haut Saint - Laurent (MRC) 27. Hemmingford (Canton) 28. Hemmingford (Village) 29. Howick (Village) 30. Huntingdon 31. L'Ascension- de- NotreSeigneur 32. L'trable (MRC) 33. La Dor4 34. La Guadeloupe 35. La Martre 36. La Pocatl6re 37. Laval 38. Lawrenceville 39. Lingwick 40. Marsoui 41. M4tabetchouan- Lac- it -la- Croix 42. Montr6al 43. Mont- Saint•Michel 44. Mont - Tremblant 45. Murdochville 46. Nicolet 47. Normandin 48. Notre- Dame- do -la- Guadeloupe (fabrique) 49. Notre- Dame-de- Lourdes 50. Oka 51. Ormstown 52. Plessisville 53. Pointe-&4a-Croix 54. Port - Daniel - Gascons 55. Princeville 56. Qu4bec 57. Repentigny 58. Rimouski 59, Rivibretternit4 60. Sacr4 -Coeur 61. Saguenay 62. Saint - Adrien 63. Saint- Ambroise 64. Saint-Anicet 65. Saint -Bruno (comt4 de Lac Saint -Jean Est) 66. Saint - Camille (canton) 67. Saint - Charles -de- Bourget 68. Saint - Denis -de- Brompton 69. Saint -Donat Remove Remove 70, Sainte - Anne- de -la- Rochelle 71. Sainte - Anne -du -Lac 72. Sainte - Barbe 73. Sainte - Clothilde- de- Chiteauguay 74. Saint- Elzbar 75. Saint- Ittienne- des -grbs 76, Saint- Eug4ne- d'Argentenay 77. Sainte - Hedwidge 78. SainteJeanne-d'Arc 79. Sainte - Rose -du -Nord 80. Saint- Eustache 81. Sainte- Victoire -deSorel 82. Saint-Fulgence 83. Saint- G6d4on 84. Saint- Henride- Taillon 85. SaintJ4r6me 86. SaintJoseph -de -Sorel 87. Saint- Ludger- de -Milot 88. Sainte - Martine 89. Saint- Nazaire 90. Saint- Pierre- Baptiste 91. Saint -Prime 92. Saint - Rosaire 93. Saint- Thomas - Didyme 94. Saint- Urbain- Premier 95. Shawinigan 96. Scotstown 97. Shefford (Canton) 98. Sorel -Tracy 99. Stoke 100. Trbs Saint Sacrament (Paroisse) 101. Trois- Rivibres 102. Villeroy 103. Weedon 104. Westbury 105. Windsor 106. Wotton Ontario 1. Barrie 2. Espanola 3. French River 4. Georgina S. Grand Sudbury 6. Hamilton 7. Huron County 8. Manitoulin Island (Gordon and Allan West) 9. Kingston 10. Lambton County Council (11 Councils) 11. Markstay- Warren 12. Norfolk County Council 13. North Bay 14. Point Edward 15. Ottawa 16. Parry Sound 17. Sarnia* 18. Sioux Lookout 0404 Me- ; I 19 St. Charles 20. Toronto* 21. West Nippising Manitoba 1. Brandon 2. Winnipeg* Saskatchewan 1. Prince Albert* British Columbia 1. Campbell River 2. Central Saanich 3. Colwood 4. Esquimalt S. Fort St. James* 6. Gulf Islands Trust Council 7. Highlands S. Kamloops 9, Kaslo 10. Kelowna 11. Metchosin 12. Nanaimo 13. Nanaimo Regional District 14. North Saanich 15. Parksville 16. Port Alberni 17. Prince George 18. Quesnel* 19. Saanich 20. Sidney 21. Sooke 22. Victoria 23. View Royal Federation of Canadian Municipalities * THESE CITIES PASSED RESOLUTIONSPROCLAIMING MARCH 22ND AS WORLD WATER DAY IN THEIR CITIES. SIGN OUR POSTCARD! Remove DEAR / / ?T Gd��yrc� Our political science class has created a plan to create growth in Greater Saint John. We asked the question "What type of community do we want to live in ?" We looked at several other cities and enlisted the advice of other citizens. We grouped the ideas in five categories: Economics, Quality of Life, Recreation, Population , Strengths/Potential. We found Greater Saint John needs a lot more pride and our self image and outside image requires a lot of improving. We have to deal with the self negativity by some citizens, hope and tangible evidence of growth are required and have to be promoted. We as a community raise the most tax dollars in the province however out of the 38 million dollars that goes to the province each year only half, 19 million comes back to this community. With the highest poverty rate in New Brunswick and the oldest infrastructure we believe this money should stay here, we also need four lane highways built around us. We found our waterways, health services, location in terms of Atlantica , heritage ,bilingualism ,energy hub, very friendly people and the various parts of Greater Saint John all are advantages. We need to work together, in unity there is strength, division destroys communities. We need to keep growing UNBSJ, NBCC the IT sector, the entrepreneurial spirit [has to have a more wide spread campaign and must reach more youth] and we need to promote them more and they need to promote themselves more. We need to stop our youth from leaving [ more post secondary education, more recreation, more events, more open minds] .There is a feeling we are no longer known as the center of great events or great things. The waterfront has to develop at a faster pace and we need more big events that make us the center of attention. We need to keep planning for the future and rid our community of poverty and slums. We need to encourage more volunteers, promote our potential to our own citizens and celebrate more of who we are. We need to green the city [trees ] and encourage our civil servants to work closer with the civil servants in Fredericton and Ottawa. Working together with positive action, spending our energy on solutions, a vision and celebrated results will make us grow. We hope our ideas that follow this letter make you think and cause everyone to act We would appreciate your response. The students of Political Science 120, Mr. Ogden, Saint John High School 170 -200 Prince William Street, Saint John, N.B E21, 2137 Growth In Greater Saint John "What kind of community do you wish to live in a Political Science Saint John High School ,k w¢5-1 F,el"A- P.®irva�e � pau�sys y_7 m -ut ty e ; Ile "' Rni h e s� st Graf d Bia ]M .. = Wey+.. &I==& dw '1;ruR Jb�'►Cb 4'r xr�•.�r Gr.�� -k :d.✓1 i s c s- d� Homing Greater Saint John _ Central Saint John Central Saint John is the heart of the SJ metropolitan area — a place to gather for work and play. It is considered one of the most beautiful city centres in Canada as it is filled with historic buildings, shopping, parks, and a developing waterfront. This area of the city holds much potential for growth, something that has been taking place consistently over the past years. Upper North End/ Millidgeville The region of the upper North End and Millidgeville can be best described as a peaceful, convenient, and beautiful place to live. The area is centralized, with easy access to other parts of GSJ. Among the homes, there is a variety in structure and design, and the neighbourhoods have great housing and landscaping potential. Along with its sense of community, this region is also home to many of the city's important establishments, such as the UNBSJ and the Regional Hospital, making it a great place to live. Westside West Saint John is best known and appreciated for its deeply rooted sense of community. Safe neighbourhoods, an abundance of recreational infrastructure such as baseball fields and hockey rinks, and many quality schools are also trademarks of life on the Westside. This area is easily accessible — a five - minute drive from the city's core — but manages to avoid the congestion found elsewhere in the city. The region also accommodates half of the city's harbour, an advantage that is often overlooked. In addition, the west side's `Golden Mile' offers incredible potential for low- impact commercial growth, which contributes to the west side's promising future. Eastside The region of East Saint John and Simonds is an integral part of the city. This area includes the oil refinery, which is a vital element of industry in Saint John. With the main shopping mall and a growing number of big retailers, it is also the city's renowned shopping and commercial district. In addition, East Saint John has neighbourhoods of tight -knit communities that many Saint Johners call home. Grand Bay - Westfield Grand Bay - Westfield is a community where small business thrives and recreation is a big part of daily life. It has numerous family owned businesses, such as the bakery, barbershop, and bowling alley. For recreation, Grand Bay - Westfield has a soccer field, four baseball fields, a golf course, and a recreational facility that houses a hockey rink and fitness centre. This area can be found less than twenty minutes northwest of the city, nestled along the Saint John River, in Saint John's lush river valley. Fundy Shores Fundy Shores (Musquash, Maces Bay, Chance Harbour, Dipper Harbour, Lepreau) offers many advantages not to be found in the city, first and foremost is the privacy offered by the rural setting. Neighbours are not so far away as to be inaccessible, yet living room windows need not be in plain view. This relative seclusion — without the noise and bustle of the city — also offers the opportunity to observe nature from home. For those who appreciate privacy, nature, and a calm, peaceful lifestyle, Fundy Shores is a "place to be enjoyed. Kennebecasis Valley The K- Valley is a nice, residential part of Greater Saint John. It is a safe neighborhood with good housing, a few retail stores, and a business district. It also includes a beautiful landscape, partly bordering the Kennebecasis River. K- Valley is an ideal place to raise a family. St. Martins Saint Martins is both a great place to live and an interesting spot to visit on a Sunday afternoon. Located along the bay, on the Fundy Trail, and with an amazing amount of potential, St. Martins has been largely underrated. This is a region whose value for Saint John deserves much appreciation. Hampton A beautiful town on the eastern outskirts of the center of Saint John, Hampton is surrounded by countryside and water. There is a great sense of community in Hampton. It has both a rural and small town character. Kingston Peninsula/ Belle Isle This area circles the northern side of Greater Saint John. Rural life mixed with cottage life makes the Kingston Peninsula and Belle Isle beautiful places. For the convenience of residents and visitors, there are several ferries to KP and Belle Isle. Economy Economic Growth through... Industry To revive our economy and strengthen the industry in Saint John, some of our best tools and assets include: • The ability to support, retain, expand, and offer unparalleled opportunity to our existing businesses — which account for 90% of our economic growth — with the help of organizations like Enterprise Saint John. • A variety of potential growth sectors, in which we are already experiencing economic advancement, including: ICT, Tourism, Health Sciences, Energy, and Retail. • A great number of jobs offered by the impending development of the hospital, university, and waterfront. • Unique resources in terms of our waterways, which offer a range of economic expansion, from experimenting with tidal energy from the bay to recreation in our river systems. Economic Growth through... Education Post - secondary education will allow our workforce to adapt easily to the evolving industry. Our first step is to boost attraction to the UNBSJ and Community College. A greater number of students would be drawn to the UNBSJ & NBCC through: • Expanding opportunity for athletics, clubs, and 'involvement in a lively student community. • The improvement of facilities and a greater range of courses and programs. • The improvement of the social aspect of the university. Another educational advantage of the workforce in Saint John is our bilingualism — a great number of people who are proficient workers in both English and French. • 14% of our workforce is fluently bilingual, with a substantial annual growth rate • With programs like French Immersion being widespread in our educational system, the highest rate of bilingualism is found between the ages of 15 and 34 — the next generation of our workforce. Economic Growth through... Employment We have 6.3% of our population unemployed, with the latest available statistic showing a I°io annual decrease. We need to start seeing some lower unemployment statistics! We could do this by: • Increasing our levels of education (more people with post - secondary education) • Keeping our youth in Saint John • Promoting our university. This is vital. Tuition here at UNBSJ is very reasonable and UNBSJ is a highly recognized univcrsity, which many people are unaware of Poverty is often related to unemployment, but is not necessarily directly related. Many people are employed but are underpaid. The estimate average cost of comfortable living in Saint John is $40 000 a year per person — still much lower than many other cities — which is rarely met by many salaries. We are hopeful that boosting our economy will help not only the impoverished, but also the underpaid. In our educated workforce: • Over 90% of workers have graduated from high school • Over 60% of workers have graduated with post - secondary degrees •These statistics, along with our outstanding quality of life, allow us to compete with other cities internationally for the interest of larger companies and potential citizens. Economic Growth through... Trade and Transportation Trade and transportation are important for economic growth in Greater Saint John because they provides the means for people, goods, and services to come into our city, and for our exports and services to leave the city. Some things that greater Saint John can do to grow in the domain of trade and transportation are: • Make better use of our port and rivers (Saint John River, Kennebecasis River, Hampton River and Salmon River). • Send City Transit buses to the suburbs of Saint John (Rothesay, Quispamsis, Grandbay, etc.) • Be faster making the 4 -lane highway through St. Stephen and Fredericton. • Develop the waterfront for when ships come to bring tourists or trade. GSJ needs to make better use of our two major rivers, Kennebecasis and Saint John, because they are also ideal rivers for both trade and recreation. If we could learn to use these river systems — as well as the harbour and bay — as assets, we would be a significant city for international trade. Our city transit needs to go out to Rothesay, Quipamsis, Grand Bay, etc to attract more people to the heart of the city, often who cannot get in on a regular basis. It would also be good for people in the suburbs who work and go to school up town, and it is an economic way to save money and the environment by cutting back on gas and pollution. The 4 -lane highway needs to be built to improve our trade and transportation, but the only way that Greater Saint John can get it done is if we plan and work together. Although the Port Saint John cargo went up 5% in 2005, we need to take more advantage of it because it is ideal for trade: it has some of the deepest water for big ships to come in to do trading. In these ways, we hope to see some major economic growth in Saint John in the upcoming decade and for a long time thereafter. We encourage and offer the challenge to Saint Johners to take advantage of the assets and potential our city has for expanding and strengthening our economy. We must remember our image comes from not only our economy but also what we percieve as our image. We must work together and keep positive. Quality of Life Quality of life is not just the things that surround u s but how we feel about whom we are, what we do, and where we live. It's a major problem when people do not feel proud of where they come from. To fix this we have to make sure that there is a way that all people feel involved and part of their community. There is also the development of Saint John, which seems to be going quite slowly, and of coarse there is the high poverty rate. So our problems are that we have we lots of work to do and lots of people out of work, is their something that is not connecting here. Could it be possible to solve two problems at once? Could these people that have no job be trained to help the development of Saint John that way they are getting paid, and working, and Saint John is being developed. This also helps people feel a kind of ownership towards the city, which is important because people will be less likely to vandalize something they own. How can we create a sense of pride and stop vandalism? Art and graffiti. If there is a place that graffiti artistes could put their artwork (restrictions of vaguer content of coarse) they would be less likely to do it everywhere else. Secondary schools would also be a big help here if there is a worry that all the youth will leave then why not give them a good reason for them to stay. Give them more of a selection of specialized schools then more of the youth would be likeier to stay. With more and more young people moving out west and to bigger cites you have to ask yourself how can we keep the younger people here. Provide a wider range of entertainment; we have the Harbor Station and Imperial Theater why not get more events that will attract young people. If there was a committee that focused on big events like the one Moncton has then we could make Saint John a happening place. Saint John has had big events before, why not bring them back and create a sense of pride in our community. By bringing people together in a community it creates pride and adds some attractiveness to the city. Having festivals and other city events can improve ones quality of life. Look at Chattanooga Tennessee, they rebuilt their city into a lively place, they saw that there was a problem and they fixed it. They brought people together with festivals and get togethers and made their city into a totally different place. - Bring people together. - Have more major events. - Create a sense of pride. - Develop the waterfront The Saint John area is a great place to bring business and be employed. We have a low unemployment rate of 7.9 %, a low absenteeism rate and the people of Saint John keep there jobs for long periods of time. The greater Saint John area has room to grow and expand. With a population of over 126,000 people the excess to stores and basic needs are fast and convenient. Our Natural waterways open doors to trade with Atlantic Canada, North Eastern U.S.A, central and Western Canada as well as Europe. The greater Saint John area is an excellent place to open a business, being known as welcoming and friendly, businesses have been dawn to the area. Saint John has a lot more to offer, low crime rates are a big thing in looking for a new place to live. Why not promote that, the quality of life in the Greater Saint John area attracts business and people. We can bring more people and business to Saint john if we develop it. 65% of residents have been with their current employer for more than 4 years. Saint John has skilled workers and the facilities to train them. What could improve the quality of life? Transportation to Rothsay, get rid of slum housing, lower poverty rate, bring big events, and promote the city. Some interesting ideas that could show off Saint John's best qualities would be to develop our water front, why not bring in a Aquarium, indoor water park, or a family entertainment center like crystal palace. And how about a few more garbage cans around the city, that could make a huge difference in the image of Saint John. The pipeline that is suppose to go into Rockwood Park could be built underground, and have a walking trail (like the harbor passage) that could go over the top of it. The care of Saint John is a devoted, motivated and highly educated workforce. A diverse knowledge — based economy is what drives Saint John's community to be a place of great opportunities. Since 1996, 9000 jobs have opened up, while the unemployment rate has dropped from 12.1 % to 7.9 %. The information and communication technology sector (call centers) in Saint John employs 8000 people, and its still expected to grow 20 — 25% in the next two years boasting one of the largest and fastest growing bilingual population least of Quebec is a great strength that only further proves that's the opportunities are numerous here in Saint John. With the Saint John population being 126,600, it's a wonder to know that the median personal income is 28,817 while the family income is 50,165. The average 2 bedroom apartment rent is 520$ and the average price of a house is 116,836. It's easy to see why Saint John has the highest amount of homeowners in the country. t qo � �� . ,r,... 17 is MlAr Vtr - ti M1 p ._ 1 LL It two to Recreation in the Greater Saint John. Area As a growing community, GSJ (Greater Saint John) is always trying to attract more people. We have many strengths, such as our location and waterways, but one complaint that resonates among many is that Saint John is boring - there just isn't anything fun to do. Rather than just complain, we've compiled a list of ways to make the GSJ area more entertaining for all ages: • Entertainment for Teens: In order to keep our youth off the streets, we need to get them involved in recreation- especially while they're young. Apart from the obvious need of inclusive sports, other things that would occupy teens are: a roller disco, a water park, a place to congregate, other then Club Nitro, and some A.T.V. trails. • Events: In order to attract people from outside the city, we need to have some events to catch their attention. • Sport Tourism: In the 1980's Saint John's Sport tourism industry was at it's peak. We had two C.F.L. football games, an international rugby game, the Canada Games, and we we're going to have a Toronto Blue Jays game (which was canceled due to weather). We need to once again attract these big sporting events, the only thing stopping us is ourselves. This year Moncton is hosting the Memorial Cup, what's stopping us from holding future Memorial Cup; or the Under 19 Football Championships, or the Aboriginal Games, we may not have a very high native population, but it would draw first nations athletes from across the country. Saint John could once again host C.F.L. football games, the Canada Games, and the Special Olympics. All these things would add to Saint John's growth, and better the community we live in, and the only thing stopping us, is us. Participation in Sports Participation in physical education classes is a big step towards children having confidence in themselves. By getting kids involved in sports and giving everyone chance to play will make a lot more kids physically active and therefore lead to a healthier community in the future. It's very important that all children get a chance to play any sport or activity they want, not just the superior players. Good Exercise and Healthy Eating in the Community Due to the enormous rate of unhealthy and obese people on GSJ area we need to come up with a way to have people make better choices. Having the schools change their food to a healthier menu is a start but it is not enough for our city. Eating healthy as children will make people realize the importance of it. The issue of exercise in the GSJ area has been addressed more since the creation of the Harbor Passage, but people need more then just a place to walk. A membership for a gym is in most cases too expensive for people to afford while trying to support a family. We need a cheaper and more efficient place for people to go to get a little exercise. GSJ could organize community barbeques with healthy foods and cheap prices. We could even do it at a nice place where organized games could be played. Maybe do it at a beach where beach volleyball and swimming competitions could take place. Cl 9 ��a Population Growth Population growth is essential to the city of Saint John to build a prosperous future. By making Saint John a more appealing place for repatriates, new inmiigrants and by retaining our current population, especially youth, we can help Saint John grow. Repatriation, immigration and retention are the three main factors to having successful population growth. Repatriation: In order to attract people to come back to Saint John we need to understand why they left. Many young people move away for the adventure of exploring new places and to be independent. These desires seem to affect young people everywhere in the world. Once they grow tired of these new places some may move back, however others will not be able to move back if the city has nothing to offer them. Saint John needs to add more entertainment aimed at youth and more recreation. Aside from entertainment young people leave Saint John for jobs. Therefore Saint John needs to offer more specialized jobs. Immigration: We currently have a pretty good number of new immigrants in Saint John but we have so much more potential, all we have to do is show them the opportunities Saint John has for them, what we are and what we are willing to do for them. Saint John is a fairly inexpensive place to live with affordable, safe housing and lower than average tuition. We have a great university that many immigrants can already vouch for. What should we be doing to make it even better? We could expand and specialize the university to attract a more diverse crowd. We also should be more open - minded and be interested in their culture, their language and celebrate them and their choice of Saint John. What about refugees? The thing you have to remember about for refugees is that they are seeking refuge. We need to guarantee them safety, we need to guarantee them jobs and opportunities. Get them involved in communities, make them feel like family in Saint John and feel that this is the best place for them. Retention: To retain Saint Jolm's population jobs must be created, recreation facilities formed and a sense of general pride instilled in it's citizens. The University of New Brunswick has a mid -sized campus located in Saint John. This campus is in an area of the North End of Saint John where many people have chosen to live, Millidgeville. This location along with the fact that Saint John has one of the highest percentages of home ownership in Canada and low cost of living, makes UNBSJ attractive for young families as a family can be started while the mother or father continue to attend the highly accessible university. For this reason, the introduction of more graduate degree programs, such as the new medical program, to UNBSJ would be beneficial. Also, a large effort has been placed on retaining our youth. yet it is instinct for many in this age bracket to want to explore and gain independence upon graduating high school. Many find that going away to university is the most effective way to fulfill this desire. In New Brunswick a program is currently being offered where students who complete their post secondary education in New Brunswick and then continue to live and work in the province receive a $I0 000 reward. Yet, as was previously mentioned, students generally want to escape their present surroundings, often to the other three Atlantic Canadian provinces. If a proposition was made to these other Atlantic provinces to provide the same $10,000 incentive to stay in the Atlantic provinces UNBSJ would surely experience an increase in admissions, and subsequently citizens of the city. Another issue is poverty. Steps have recently been taken to control poverty in Saint John, such as fines for slum landlords and simply increasing awareness of the problem in Saint John and around the province. The key is to break the cycle of poverty through education, recreation and pride. The education system often accommodates only a minority of students as it focuses on purely academic subjects. The re- institution of Vocational School in Saint John would help to accommodate the wishes of a much greater amount of students. Recreation is equally as important. Exposing youth and adults alike to competitive and non - competitive sports and leisure activities has been shown to reduce crime and improve health. Success in education and recreation leads to pride, something which Saint John is greatly lacking. Pride encourages change and daring in a community. This pride can be achieved through recognition of the assets we currently possess; a vibrant music and arts community, athletic achievements, the architecture contained within the city, our parks and zoos, etc. And this pride can only be heightened with successful festivals, concerts, sporting events and developments. Retention can be achieved in Saint Jolut simply by recognizing our fortes and building upon them, all of which contributes to a sense of pride which can overcome population decline and troubles such as poverty. We believe that through repatriation, immigration and retention Saint John's population could grow and it could become a vibrant, prosperous city where people of all ages, and ethnic backgrounds could call their ]ionic. Potential and Strengths Introduction Saint John has many strengths and potentials that are essential for building the quality of life and changing he negative attitudes of the people that live here. In this section of the report, the topics of waterfront development, tourism, education, location, events, and recreation will be addressed. Waterfront The Waterfront has a lot of strength and potential. All though it has a lot of room for improvement, starting with the harbour clean up, then a Filtration system (which is all ready in progress) there is much more we can do. Such as having events on the waterfront, so it will draw more people out of their homes and make the city look a lot cleaner. Another strength is the Harbour passage, most people wouldn't look at Harbour passage as strength in Saint John, and it is right along the waterfront with a nice view of the Saint John River. Though it is a good place for people to take their dogs or other animals for walks it is also good for people to get out of the house and excise. The Harbour passage is very nice the way it is it, but also has a little room for improvement. Just doing little things like putting in gardens, having more lights along it at night time so that people can go for walks at night, plating more trees, flowers and putting up some places where people can have a picnic or just sit and look at the water. The boardwalk it is more used in the summer time with sports and events going on during the day and at night, but not very much has been going on in the winter on the boardwalk. There could be like snowman building, snow fort build all kinds of activities for kids and adults. Education An important strength of Saint John is that the people are well educated. Also, Saint Johners have been said to be loyal and good workers. One issue that everyone seems to put down is the quality of UNBSJ. At this current time, it has many strength and more potentials. We have one of the best marine biology programs in the country, our campus is larger then UNBF and our grounds are beautiful. UNBSJ has many upcoming things such as the building of the medical school and expanding the campus grounds and facilitates. Having this university in our city is a great advantage to all of us. It allows people earning low income to have the opportunity for post secondary education, because they do not have to move away. Having this opportunity builds pride. Another thing that would build pride is the knowledge of the positive advantages of UNBSJ. Some how the university should be promoted in a more positive light to allow people to see that it is a great institution to have, for education is essential to the world today. This university also attracts immigrants and gives people the opportunity to stay in Saint John for their schooling, which ultimately helps population growth. Overall, if others believed that we have great institutions and had some of the most educated people, and then possible pride would be built in the hearts of the people. Location Saint John, New Brunswick is situated very promisingly in the region of Atlantica. Location has strong potential for the growth of the city. Saint John can be considered the `Energy Hub' for we have the refinery, Point Lepreau, and the ideas of using tidal power. Also, with the fact that we are only hours away from major population, we should be using that to our advantage. Just south of us, are our greatest trading partners and there should be excellent means of transportation to get to and from these places. This leads to having a four -lane highway. Transport trucks travel those roads profusely; therefore, there should be safer, more efficient roads to travel on. Another strength for Saint John regarding location is where we are situated on the rivers and the Bay of Fundy. This should be working to our great advantage, some of which were discussed in the waterfront section. Our location should be taken advantage of. Tourism Tourism is a big thing in Saint John, We think that all the fort places in the city should be open for people to take a tour of and different events like dressing up for the little kids, having little anniversaries for Fort Latour, Carelton Martello tower, Fort La Tour and Fort Howe. Having a Local History day with like a band playing and different events going on that have to do with heritage, people telling stories lots of fun things. Learning about the Local history could help the people that live in Saint John be more involved in helping the people when they come to town for site seeing, camping or even just passing though. An example of history that people are not aware of is that, at Fort Howe, some the first treaties were signed with the aboriginal people. Entertainment and Recreation Saint John has many great facilities that are a benefit to all ages. Imperial Theatre and Harbour Station are great assets to the city. To improve upon Harbour Station we felt it should be opened up for more local talent. Imperial Theatre has a large backstage allowing for world - recognized performances to be held there. We believe that the Imperial Theatre is a great accomplishment of this city and deserves more publicity. Two superb recreational resources are Rockwood Park and The Irving Nature Park. Rockwood Park is one of the largest parks within a cities limit in Canada. It is a great spot for families with young children as it has a playground. Despite all this, the people in this city under use it. To get people to go we thought more public events and picnics could be held there in the summer. More trails for walking and horseback riding could be added to improve the park. A brand new pavilion should be built. This could be a place where meeting, conferences, dances, could be held. It could be used in the summer as a canteen and in winter as a place to skate. For the Irving Nature Park, we felt tours could be given where the wildlife and tides could be explained. Recreation and entertainment are essential to cutting back costs and preventing crime. Everyone should have a sport or event to be involved in, for doing this creates a sense of self worth in an individual and begins the foundation for a proud growing population. Conclusion Saint John's strengths and potentials are endless. The sooner we realize this, then the more advancement for the city can take place. If we keep an open mind, the city will grow and become even more prosperous. Through waterfront development and some improvements upon tourism, education, recreation and events guarantee that this city will thrive. The community we live in is very safe, friendly, and well educated. These things look great to immigrants and also just Canadian citizens wanting to settle down. The city of Saint John is a city one can be proud to live in.