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2006-06-05_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 05, 2006 Location: Common Council Chamber Committee of the Whole 1. Call to Order — 5:00 pm 1.1 Management Agreement - Trade & Convention Centre 10.2(4)(c) 1.2 Collective Bargaining Update 10.2(4)(b) 1.3 Property Negotiations 10.2(4)(c) (Referred from May 23, 2006) 1.4 Red Head Secondary Access Road — Expropriation Process 10.2(4)(f,g) 1.5 Arbitration under Contract 10.2(4)(g) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. 2. Approval of Minutes 2.1 Minutes - May 23, 2006 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Heritage Development Board Request to give a "Teach -in" on heritage (Refer to Clerk to Schedule) 5.2 Letter Regarding Property on King Street (Recieve for Information) 5.3 Renaming Streets for Prominent Deceased Citizens (Refer to City Manager) 5.4 Letters in Opposition to Pipeline in Rockwood Park (Recieve for Information) 5.5 Carolyn and Dayle Messer - Net Height Memorial Field (Refer to City Manager) 5.6 Release of Space in City Hall (Release Suite 1507) 5.7 Planning Advisory Committee - 725 Westmorland Road (Assent to Proposed Subdivision) 5.8 Planning Advisory Committee - 153 Pr. William St. and 100 Water St (Assent to Proposed Subdivision) 5.9 Planning Advisory Committee - Hillcrest Heights Phase 3 2645 Loch Lomond Road (Assent to Proposed Subdivision) 5.10 City land at University Avenue and Royal Parkway (Continue discussions) 6. Members Comments 7. Proclamation 7.1 Rick Hansen Wheels in Motion 7.2 Scleroderma 8. Delegations / Presentations 8.1 6:30 p.m. Presentation of Environmental Awards 8.2 6:40 p.m. Skateboard Park 9. Public Hearings 7:00 PM 9.1(a) Public Hearing - Proposed Zoning By -law & Section 39 Amend - 2075 Loch Lomond Road 9.1(b) Planning Advisory Committee Recommending Proposed Zoning By -law Amend and Section 39 Conditions - 2075 Loch Lomond Road 9.2(a)Public Hearing - Proposed Zoning By -law Amend - 1032 McCavour Drive 9.2(b) Planning Advisory Committee Recommending Proposed Zoning By -law Amend & Section 39 Conditions - 1032 McCavour Drive 10. Consideration of By -laws 10.1 3rd Reading - City Market By -law Amend 10.2(a) 3rd Reading - Municipal Plan Amend - Portion of Cambridge Estates Area 10.2(b) 3rd Reading - Zoning By -law Amend - Portion of Cambridge Estates Area 10.2(c) Section 39 Conditions - Cambridge Estates 10.3 3rd Reading - Zoning By -law Amend - 725 Westmorland Road 11. Submissions by Council Members 11.1 Road Construction Pipeline on West Side and Unsightly Properties (Councillor Court) 11.2 One Mile House Interchange (Councillor Chase) 11.3 Town Hall Meeting - Ability Issues (Councillor McGuire) 12. Business Matters - Municipal Officers 12.0 Contract 2006 -16: Asphalt Concrete Resurfacing - 2006 12.1 Tender for Traffic Signal Materials 12.2 Tender Roofing Repairs - St. Patrick Pedway 12.3 Long Term Financial Outlook 12.4(a) LNG Terminal and Brunswick Pipeline Project 12.4(b) Emera Brunswick Pipeline Company Ltd. Registration 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Royal Canadian Legion re Cenotaph in King Square 15.2 Patty Higgins Request to Present Regarding LNG Pipeline Through City 16. Adjournment City of Saint John Seance du conseil communal Le lundi 5 juin 2006 Emplacement: Salle du conseil communal Comit6 pl6nier 1. Ouverture de la s6ance : 17 h 1.1 Contrat de gestion — Trade and Convention Centre — alinea 10.2(4)c) 1.2 Compte rendu sur les negociations collectives — alinea 10.2(4)b) 1.3 Negociations relatives aux biens -fonds — alinea 10.2(4)c) (point reporte depuis le 23 mai 2006) 1.4 Processus d'expropriation relatif a la voie d'acces secondaire Red Head — alinea 10.2(4)f, g) 5 Arbitrage en vertu du contrat — alinea 10.2(4)g) Seance ordinaire 1. 18 h 15 — Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal — 23 mai 2006 3. Adoption de Fordre 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 du Conseil d'amenagement du patrimoine visant a pr6senter un s6minaire sur le patrimoine (transmettre au greffier pour qu'une date de presentation soit fixee) 5.2 Lettre concernant la propri6t6 situee sur la rue King (accepter a titre informatif 5.3 Changement du nom de rues en vue d'honorer d'eminents citoyens dec6des (transmettre au directeur general) 5.4 Lettres s'opposant a 1'installation dun pipeline dans le parc Rockwood (accepter a titre informatif) 5.5 Carolyn et Dayle Messer — Hauteur du filet du terrain Memorial Field (transmettre au directeur general) 5.6 Lib6ration dun espace a 1'h6tel de ville (liberation du local 1507) 5.7 Comite consultatif d'urbanisme recommandant que soit approuve le projet de lotissement au 725, chemin Westmorland 5.8 Comite consultatif d'urbanisme recommandant que soit approuve les projets de lotissement au 153, rue Prince William et au 100, rue Water 5.9 Comite consultatif d'urbanisme recommandant que soit approuve le projet de lotissement au 2645, chemin Loch Lomond (troisieme phase du lotissement Hillcrest Heights) 5.10 Terrain municipal situe sur l'avenue University et Royal Parkway (poursuivre la discussion) 6. Commentaires presentes par les membres 7. Proclamations 7.1 Journee Rick Hansen, Rouler vers demain 7.2 Sclerodermie 8. Delegations et presentations 8.1 18 h 30 Presentation des prix pour 1'environnement 8.2 18 h 40 Planchodrome 9. Audiences publiques 19h 9.1 a) Audience publique concernant le projet de modification de 1'arrete sur le zonage et des conditions imposees par Particle 39 relativement au terrain situe au 2075, chemin Loch Lomond 9. lb) Comite consultatif d'urbanisme recommandant le projet de modification de 1'arrete sur le zonage et des conditions imposees par Particle 39 relativement au terrain situe au 2075, chemin Loch Lomond 9.2a) Audience publique relative au projet de modification de 1'arrete sur le zonage visant le 1032, promenade McCavour 9.2b) Comite consultatif d'urbanisme recommandant le projet de modification de 1'arrete sur le zonage et des conditions imposees par Particle 39 relativement au terrain situe au 1032, promenade McCavour 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de 1'arrete concernant le marche municipal 10.2a) Troisieme lecture du projet de modification du plan municipal visant une partie du lotissement Cambridge Estates 10.2b) Troisieme lecture du projet de modification de 1'arrete sur le zonage visant une partie du lotissement Cambridge Estates 10.2c) Conditions imposees par Particle 39 relativement au lotissement Cambridge Estates 10.3 Troisieme lecture du projet de modification de 1'arrete sur le zonage visant le 725, chemin Westmorland 11. Intervention des membres du conseil 11.1 Travaux de refection, pipeline dans le quartier ouest et proprietes inesthetiques (conseiller Court) 11.2 Echangeur dun mille (conseiller Chase) 11.3 Assembl6e publique locale — proWmes relatifs a la capacit6 (conseiller McGuire) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.0 Soumission pour le contrat 2006 -16 relatif au resurfagage au moyen de b6ton asphaltique pour 2006 12.1 Soumission relative au mat6riel pour feux de circulation 12.2 Soumission relative aux r6parations des toits — passerelle St. Patrick 12.3 Perspectives fmanci&es a long terme 12.4a) Terminal pour 1'exploitation du gaz naturel liqu6f16 (GNL) et projet de Brunswick Pipeline 12.4(b) Enregistrement de Emera Brunswick Pipeline Company Ltd. 13. Rapports de comit6s 14. Etude des sujets 6cart6s des questions soumises At 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre reque de la Ugion royale canadienne relativement a un c6notaphe dans King Square 15.2 Demande de Patty Higgins visant a faire une pr6sentation concernant le pipeline de GNL a travers la ville 16. C16ture de la s6ance 92 -248 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 23. 2006 - 6:30 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, A. Beckett, Deputy City Manager of Programs and Priorities and Acting Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B. Fillmore, Deputy Police Chief; G. Yeomans, Comptroller; D. Logan, Manager, Materials and Fleet Management; P. Woods, Common Clerk and Deputy City Manager, and E. Gormley, Assistant Common Clerk REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A - 'HOTEL DE VILLE, LE 23 MAI 2006 A 18 H 30 Sont presents Norman McFarlane, maire le maire suppleant Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson. McGuire, Tait, Titus et White et T. Totten, directeur general, J. Nugent, avocat municipal; A. Beckett, directeur general adjoint, programmes et priorites et tresorier par interim; P. Groody, commissaire aux operations municipales, J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; B. Fillmore, chef de police adjoint; G. Yeomans, controleur; D. Logan, chef de I'approvisionnement et du parc automobile; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. Call To Order — Prayer Mayor McFarlane called the meeting to order with Reverend David Nicholson of Douglas Avenue Christian Church offering the opening prayer. Ouverture de la reunion, suivie de la priere La seance est ouverte par le maire McFarlane. Le reverend David Nicholson, pasteur de I'eglise Douglas Avenue Christian Church (Eglise Chretienne), recite la priere d'ouverture. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on May 8, 2006 be approved. Question being taken, the motion was carried. 92 -249 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 2. Approbation du proces- verbal de la derniere reunion Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la reunion du conseil communal tenue le 8 mai 2006 soit approuve. A ('issue du vote; la proposition est adoptee. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of items 13.3 Nominating Committee Report and 13.4 Management Professional Pay Scale and 2006 Management Groupings; and the withdrawal of item 5.7; Construction of New Water Pipeline Amendment to Easement Acquisition — Dexter Construction. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la reunion soit adopte, moyennant I'ajout des points 13.3, Rapport du comite des candidatures et 13.4, Echelle de remuneration des membres des professions liberales et comites de gestion de 2006, et le retrait du point 5.7; Construction d'une nouvelle conduite d'eau et modification relative a I'acquisition d'une emprise en ce qui a trait a la construction sur la promenade Dexter. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 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 Mcllveen Drive, McAllister Industrial Park (Approve Proposed Municipal Service Easement) 5.10 Public Hearing Dates - 308 Lowell Street & 172 Tower Street (Approve Recommended Dates) 92 -250 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 5.11 Proposed Section 39 Amendment 120 MacDonald Street (Loch Lomond Mall) (Approve Cancellation of Public Hearing) 5.12 Vacancy on the Saint John Industrial Parks 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) On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the Consent Agenda be adopted, item 5.7 being withdrawn. 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 Demande de presentation — Hilton Canada Inc. (transmettre au greffier pour qu'une date de presentation soit fixee). 5.2 Lettre et petition reques de M. Dunbar relatives a 1'etat du chemin Goldsworthy (transmettre au directeur general). 5.3 Demande de presentation du Conseil de la conservation du Nouveau - Brunswick relativement aux pesticides (transmettre au greffier pour qu'une date de presentation soit fixee). 5.4 Demande reque de la Commission de police pour presenter 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 fixee). 5.5 Demande de presentation — Galerie d'art de Beaverbrook (transmettre au greffier pour qu'une date de presentation soit fixee). 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 I'acquisition d'une emprise en ce qui a trait a la construction sur la promenade Dexter (approbation de la modification relative a I'acquisition de 1'emprise). 5.8 Approbation de 1'emprise aux fins d'utilite publique — 271, rue Karen (approbation de 1'emprise aux fins d'utilite publique). 5.9 Emprise proposee aux fins de services municipaux — 85, promenade Mcllveen, parc industriel McAllister (approbation de 1'emprise proposee aux fins de services municipaux). 5.10 Dates d'audiences publiques relatives au 308, rue Lowell et au 172, rue Tower (approbation des dates recommandees). 5.11 Projet de modification relatif a I'article 39 visant la propriete situee au 120, rue MacDonald (centre commercial Loch Lomond) (approbation de I'annulation de ('audience publique). 5.12 Poste a pourvoir au sein du conseil d'administration de Saint John Industrial Parks Limited (s'adresser au comite des candidatures). 5.13 Expiration de la procuration accordee aux membres du Service de protection et du service de police - incendie de Saint John (approbation de 1'expiration de la procuration). 92 -251 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 5.14 Reglementation de I'acces a la voie secondaire Red Head — Reglements volontaires (accepter a titre informatif). Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que I'ordre du jour relatif aux questions soumises a I'approbation du conseil soit adopte, moyennant le retrait du point 5.7. A I'issue du vote, la proposition est adoptee. 6. Members Comments 6.1 Duke of Edinburgh Awards (Simonds High and Saint John High Schools) were presented. Council members commented on various community events. 6. Commentaires presentes par les membres 6.1 Les Prix du Duc d'Edimbourg ont ete remis aux ecoles secondaires Simonds et Saint John. Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 9. Public Hearings 7:00 P.M 9.1(a) Proposed Municipal Plan & Zoning By -law Amendments -Portion of Cambridge Estates The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment, for a parcel of land 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 and the proposed re- zoning of the same parcel of land as requested by Hughes Surveys & Consultants Inc. on behalf of Barsa Ventures Ltd. to permit a housing development, with no written objections received. 9.1(b) Planning Advisory Committee Recommending Proposed Municipal Plan and Zoning By -law Amendments - Portion of Cambridge Estates Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 16, 2006 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council amend the Municipal Development Plan and re -zone the above mentioned parcels of land, written objections and support having been received. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Rick Turner of Hughes Surveys & Consultants Inc. on behalf of Barsa Ventures Ltd., advising that he is in agreement with the recommendations. 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 of the Municipal Development Plan, 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 Low Density Residential to High Density Residential classification: 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 92 -252 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 Development Area D, and replacing it with the numbers "5 & 6 ", and 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. ", 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 of the Municipal Development Plan, 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 Low Density Residential to High Density Residential classification: 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 ", and 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. ", 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 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 "Ravi High Rise Multiple Residential 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 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, with Section 39 conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John". 92 -253 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 9. Audiences publiques a 19 h 9.1a) Modifications proposees du plan municipal et de I'arrete sur le zonage visant une partie du lotissement Cambridge Estates Le greffier communal indique que Ies avis requis ont ete publies relativement au projet de modification du plan municipal d'une parcelle de terrain, situee au sud du chemin Boars Head et a I'ouest de ('avenue Millidge et portant le NID 55167530, et au projet de modification du zonage de la meme parcelle de terrain a la demande de Hugues Surveys & Consultants, au nom de Barsa Ventures Ltd., afin de permettre la construction domiciliaire, aucune objection par ecrit n'ayant ete repue a cet egard. 9.11b) Comite consultatif d'urbanisme recommandant le projet de modification du plan municipal et de I'arrete sur le zonage visant une partie du lotissement Cambridge Estates Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel de planification, etudie lors de la reunion du 16 mai 2006, a laquelle le comite a resolu de consentir a ('adoption du rapport, tel qu'il est redige Bans la recommandation du personnel, et recommande que le conseil communal modifie le plan d'amenagement municipal et procede au rezonage des parcelles de terrain precitees, des lettres d'opposition et d'appui ayant ete reques a cet egard. Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du projet de modification du zonage. Rick Turner de Hughes Surveys & Consultants Inc., au nom de Barsa Ventures Ltd., indique qu'il appuie lesdites recommendations. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal >> visant la modification, a I'annexe 2 -A du plan d'amenagement municipal, de la designation d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant le NID 55167530, pour la faire passer de zone residentielle a faible densite a zone residentielle a forte densite; la modification du tableau 3 -1 de I'article 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 a 5 >>, sous la rubrique « Intensite future du secteur d'amenagement >> relativement au secteur d'amenagement o D >>, et son remplacement par les numeros « 5 et 6 >>, et la modification de I'article 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 a D >> : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique a Thematique et caracteristique de I'amenagement >> : s 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 etre amenage sur Ies terrains eleves situes en direction sud. », fasse ('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 la modification, a I'annexe 2 -A du plan d'amenagement municipal, de la designation d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant le NID 55167530, pour la faire passer de zone residentielle a faible densite a zone residentielle a forte densite; la modification du tableau 3 -1 de ('article 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 o Intensite future du secteur 92 -254 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 d'amenagement » relativement au secteur d'amenagement « D », et son remplacement par les numeros << 5 et 6 », et la modification de I'article 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 << D )) : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique << Thematique et caracteristique de I'amenagement » : << 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 etre amenage sur les terrains eleves situes en direction sud. », fasse I'objet d'une deuxieme lecture. A Tissue 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 QUE I'arrete intitule << Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant le NID 55167530, afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales a R -2 » a zone de maisons en rangee « TH » et a zone residentielle d'immeubles -tours a logements multiples a RM -2 », conformement aux conditions prevues a I'article 39, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule << Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller White QUE I'arrete intitule << Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant le NID 55167530, afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales << R -2 » a zone de maisons en rangee « TH » et a zone residentielle d'immeubles -tours a logements multiples o RM -2 », conformement aux conditions prevues a I'article 39, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -law Amendment - 725 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed re- zoning of a parcel of land located at 725 Westmorland Road with an area of approximately 1.57 hectares (3.88 acres) 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 classification, as requested by Richard Burbridge to permit a subdivision with no written objections received. 9.2(b) Planning Advisory Committee Recommending Proposed Zoning By -law Amendment - 725 Westmorland Road Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 16, 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 parcel of land with an area of approximately 1.57 hectares (3.88 acres) also identified as being PID Number 00436790, from "RS -1" One and Two Family Suburban Residential to 92 -255 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential classification, with no written objections received. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with the applicant, Richard Burbridge advocating for the project. 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 located at 725 Westmorland Road, with an area of approximately 1.57 hectares (3.88 acres) 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 classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of 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 located at 725 Westmorland Road, with an area of approximately 1.57 hectares (3.88 acres) 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 classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.2a) Projet de modification de I'arrete sur le zonage visant le 725, chemin Westmorland Le greffier communal declare que les avis requis ont ete publies relativement au projet de rezonage d'une parcelle de terrain d'une superficie d'environ 1,57 hectares (3,88 acres), situee au 725, chemin Westmorland et portant le NID 00436790, pour faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 » et a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » afin de permettre I'amenagement d'un lotissement, tel que le demande Richard Burbridge, et qu'aucune objection par ecrit n'a ete regue a cet egard. 9.2b) Comite consultatif d'urbanisme recommandant le projet de modification de 1'arrete sur le zonage visant le 725, chemin Westmorland Examen d'un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie Tors de la reunion tenue le 16 mai 2006, au tours de laquelle le comite a rasolu de recommender I'approbation, telle qu'elle est presentee cans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain precitee d'une superficie d'environ 1,57 hectares (3,88 acres) et portant le NID 00436790 afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R- 2 u et a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 », aucune opposition ecrite n'ayant ete repue a cet egard. Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. 92 -256 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 Le maire invite le public a venir exprimer son appui relativement au projet de rezonage, et le demandeur, Richard Burbridge, defend le projet. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1,57 hectares (3,88 acres), situee au 725, chemin Westmorland et portant le NID 00436790, afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales o RS -1 >> a zone residentielle — habitations unifamiliales et bifamiliales « R- 2 >> et a zone residentielle d'immeubles a logements multiples de trois etages << RM -1 », fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule << Arrete modifiant I'arrete sur le zonage de The City of Saint John >>. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule << Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1,57 hectares (3,88 acres), situee au 725, chemin Westmorland et portant le NID 00436790, afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales o R -2 >> et a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 >>, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Delegations /Presentations 8.1 Presentation of 2005 Financial Statements Referring to his submitted report, Mr. Beckett introduced the City of Saint John's 2005 audited financial statements for the General Fund, Water and Sewerage Utility and the Reserve and Trust Funds. Mr. Yeomans summarized the operating fund as submitted. Mike Bishop, Partner with Ernst & Young, Auditors for the City of Saint John introduced Robert Crowley, Senior Audit Manager with the firm, and explained the audit as submitted. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the submitted 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. Question being taken, the motion was carried, with Councillors Farren and Ferguson voting 'nay'. Delegations et presentations 8.1 Presentation des etats financiers de 2005 Se reportant au rapport qu'il a soumis, M. Beckett presente les Mats financiers verifies de 2005 de The City of Saint John relatifs au fonds d'administration, au reseau d'aqueduc et d'egouts et aux fonds en fiducie et de reserve. M. Yeomans resume les fonds de fonctionnement, tels qu'ils ont ete soumis. 92 -257 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 Mike Bishop, associe de Ernst & Young, verificateurs de The City of Saint John, presente Robert Crowley, gestionnaire principal de la verification au sein de 1'entreprise, et explique la verification telle qu'elle a ete soumise. Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que les etats financiers verifies de The City of Saint John, relatifs au fonds d'administration generale, au reseau d'aqueduc et d'egouts, au fonds en fiducie et au fonds de reserve pour 1'exercice termine le 31 decembre 2005, soient approuves sans modification. 8.2 Saint John Community Loan Fund Bob Boyce, President of the Saint John Community Loan Fund presented the various aspects of the fund which provides loans and financial services to those in need. He noted that the operation is funded by investors. 8.2 Fonds de pret communautaire de Saint John Bob Boyce, president du Fonds de pret communautaire de Saint John, presente divers aspects du fonds qui offre des prets et des services financiers aux personnel dans le besoin. II souligne que I'activite est financee par des investisseurs. Referring to a submitted report, Cindy Donovan, Chief Executive Officer of Loch Lomond Villa and Gerry Pond Campaign Chair of the Foundation explained that the nursing home is the largest seniors' residence offering independent and assisted care facilities in New Brunswick. They explained their plan to raise funds to rebuild and refurbish its Dogwood Lane nursing unit with a target of $2 million, and requested Council to consider making a donation of $100,000. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the request of Loch Lomond Villa Foundation Inc. for a donation of $100,000. payable in five installments of $20,000. to its capital campaign, be referred to budget deliberations. Question being taken, the motion was carried. 8.3 Fondation Loch Lomond Villa Inc. Se reportant a un rapport presente, Cindy Donovan, presidente- directrice generale de Loch Lomond Villa, et Gerry Pond, president de la fondation, expliquent que la maison de soins infirmiers constitue la plus grande residence pour personnes agees offrant des centres de soins independants et assistes au Nouveau - Brunswick. Its expliquent leur plan visant a amasser des fonds afin de reconstruire et de reamenager I'unite de soins situee sur I'allee Dogwood et dont I'objectif est de 2 millions de dollars, et demandent au conseil d'examiner la possibilite de faire un don de 100 000 $. Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que la demande de la Fondation Loch Lomond Villa Inc. visant a obtenir du conseil la somme de 100 000 $ pour sa campagne de financement, payable en cinq versements de 20 000 $, soit transmise aux deliberations budgetaires. A ('issue du vote, la proposition est adoptee. A Tissue du vote, la proposition est acceptee. Les conseillers Farren et Ferguson votent contre la proposition. 8.2 Saint John Community Loan Fund Bob Boyce, President of the Saint John Community Loan Fund presented the various aspects of the fund which provides loans and financial services to those in need. He noted that the operation is funded by investors. 8.2 Fonds de pret communautaire de Saint John Bob Boyce, president du Fonds de pret communautaire de Saint John, presente divers aspects du fonds qui offre des prets et des services financiers aux personnel dans le besoin. II souligne que I'activite est financee par des investisseurs. Referring to a submitted report, Cindy Donovan, Chief Executive Officer of Loch Lomond Villa and Gerry Pond Campaign Chair of the Foundation explained that the nursing home is the largest seniors' residence offering independent and assisted care facilities in New Brunswick. They explained their plan to raise funds to rebuild and refurbish its Dogwood Lane nursing unit with a target of $2 million, and requested Council to consider making a donation of $100,000. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the request of Loch Lomond Villa Foundation Inc. for a donation of $100,000. payable in five installments of $20,000. to its capital campaign, be referred to budget deliberations. Question being taken, the motion was carried. 8.3 Fondation Loch Lomond Villa Inc. Se reportant a un rapport presente, Cindy Donovan, presidente- directrice generale de Loch Lomond Villa, et Gerry Pond, president de la fondation, expliquent que la maison de soins infirmiers constitue la plus grande residence pour personnes agees offrant des centres de soins independants et assistes au Nouveau - Brunswick. Its expliquent leur plan visant a amasser des fonds afin de reconstruire et de reamenager I'unite de soins situee sur I'allee Dogwood et dont I'objectif est de 2 millions de dollars, et demandent au conseil d'examiner la possibilite de faire un don de 100 000 $. Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que la demande de la Fondation Loch Lomond Villa Inc. visant a obtenir du conseil la somme de 100 000 $ pour sa campagne de financement, payable en cinq versements de 20 000 $, soit transmise aux deliberations budgetaires. A ('issue du vote, la proposition est adoptee. 92 -258 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 10. Consideration of By -laws 10.1 Public Presentation Municipal Plan and Zoning By -law Amendments - 76 Coburg Street Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A and 2C 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, and add the same parcel to the list of Approved Commercial Developments in sub - section 2.4.6.28, to permit re- zoning of the land from "RM -IF" Multiple Residential Infill to "B -2" General Business as requested by Zed and Company. 10. Etude des arretes municipaux 10.1 Presentation publique de la modification du plan municipal et de I'arrete sur le zonage visant le 76, rue Coburg Line presentation publique a eu lieu relativement a la modification propose' e du plan d'amenagement municipal visant a modifier les annexes 2 -A et 2 -C du plan afin de faire passer la designation d'une parcelle de terrain d'une superficie approximative de 860 metres carres, situee au 76, rue Coburg et portant le N I D 00015545, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, et a ajouter la meme parcelle de terrain a la liste des zones d'amenagement commercial approuve prevue au paragraphe 2.4.6.28 pour permettre le rezonage du terrain clans le but de faire passer la designation s'y rapportant de zone d'edification de Iogements multiples sur terrain intercalaire o RM -IF » a zone commerciale generale « B -2 », a la demande de Zed and Company. 10.2(a) Municipal Plan Amendment - 71 & 84 Kennedy Street On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number 105 -5, a Law to Amend the Municipal Plan By -law" by re- designating on Schedule 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 ", be read. Question being taken, the motion was carried. The by -law entitled "By -law Number 105 -5, a Law to Amend the Municipal Plan By -law" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law number 105 -5, 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 third time, enacted and the Corporate Common Seal affixed thereto. 92 -259 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number 105 -5, a Law to Amend the Municipal Plan By -law ". On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number 110 -13, 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 14' Light Industrial classification. be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number 110 -13, a law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Councillor Farren Seconded by Councillor White RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a) the use of the property located at 71 Kennedy Street, also identified as being PID Number 00377101, be limited to the use of offices for a cleaning service including incidental cleaning on the premises, warehousing and indoor parking facilities: b) the use of the property located at 84 Kennedy Street, also identified as being PID Number 00377128, be limited to the use of a parking lot for the light industrial business located at 71 Kennedy Street, also identified as being PID Number 00377101. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number 110 -13, 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 14' Light Industrial classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -13, a law to Amend the Zoning By -law of The City of Saint John ". 10.2(a) Modification du plan municipal visant les terrains situes au 71 et au 84, rue Kennedy Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete n° C.P. 105 -5 modifiant I'arrete relatif au plan municipal » visant a modifier, aux annexes 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) at 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 Ies faire passer de zone residentielle de densite moyenne a zone d'industrie le, gere: et a ajouter a la Iiste de projets d'amenagements approuves clans la zone d'industrie Iegere 92 -260 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 au paragraphe 2.4.7.15 : e xx) les 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 lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 105 -5 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete no C.P. 105 -5 modifiant I'arrete relatif au plan municipal >> visant a modifier, aux annexes 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) at portant le NID 00377218, pour les faire passer de zone residentielle de densite moyenne a zone d'industrie legere; et a ajouter a la liste de projets d'amenagements approuves dans la zone d'industrie legere au paragraphe 2.4.7.15 : << xx) les 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 troisieme lecture, que ledit arrete sort edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule << Arrete no CP- 105 -5, modifiant I'arrete relatif au plan municipal >>. Proposition du maire suppleant Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C.P. 110- 13 modifiant I'arrete sur le zonage de The City of Saint John >>, relativement au rezonage 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 dune parcelle de terrain situee au 84, rue Kennedy, d'une superficie d'environ 450 metres carres (4 844 pieds carres) at portant le NID 00377218, an vue de faire passer la designation Sly rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages << RM -1 » a zone d'industrie legere « 1 -1 >>, fasse ('objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -13 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur I'urbanisme, le projet de rezonage soit assujetti aux conditions suivantes : a) que ('utilisation du terrain situe au 71, rue Kennedy et portant le NID 00377101 soit restreinte a ('utilisation de bureaux clans le cadre d'un service de nettoyage, y compris le nettoyage exceptionnel sur les lieux, 1'entreposage et les pares de stationnement inter rieur; b) que ('utilisation du terrain situe au 84, rue Kennedy et portant le NID 00377128 soit restreinte a celle d'un pare de stationnement, a ('intention d'entreprises de I'industrie legere, situe au 71, rue Kennedy et portant le NID 00377101. A ('issue du vote, la proposition est adoptee. Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete n° C.P. 110- 13 modifiant I'arrete sur le zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain situee au 71, rue Kennedy, d'une superficie d'environ 92 -261 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 1 190 metres carres (12 809 pieds carres) et portant le N I D 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, en vue de faire passer la designation s'y rapportant de zone residentielle d'immeubles a logements multiples de trois etages RM -1 » a zone d'industrie legere « 1 -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de ('arrete intitule a Arrete no C.P. 110 -13 modifiant ('arrete Sur le zonage de The City of Saint John ». 10.3 City Market By -law - Stall B1 & Al On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C -1, a By -law Relating to the Market in the City of Saint John" amending Section 5(2) by adding the following immediately after subsection 5(2)(h): (i) Stall B1 & Al. be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -law Number C -1, a By -law Relating to the Market in the City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C -1, a By -law Relating to the Market in the City of Saint John" amending Section 5(2) by adding the following immediately after subsection 5(2)(h): (i) Stall Bl & A1. be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By -law Number C -1, a By -law Relating to the Market in the City of Saint John'. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the meeting time be extended beyond 10:00 p.m., as provided for in the Procedural By -law. Question being taken, the motion was carried with Deputy Mayor Hooton and Councillors Chang, McGuire and Titus voting, `nay'. 10.3 Arrete concernant le marche de The City of Saint John relativement aux etals n" B1 et Al Proposition du maire suppleant Hooton Appuyee par le conseiller Farren RESOLU que ('arrete intitule « Arrete n° C -1, Arrete concernant le marche de The City of Saint John » modifiant le paragraphe 5(2) par I'ajout de ce qui suit immediatement apres I'alinea 5(2)h) : a i) etals n B1 et Al », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de ('arrete intitule « Arrete n° C -1 concernant le marche de The City of Saint John ». Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete n° C -1, Arrete concernant le marche de The City of Saint John » modifiant le paragraphe 5(2) par I'ajout de ce qui suit immediatement apres I'alinea 5(2)h) : « i) etals n B1 et Al », fasse ('objet d'une deuxieme lecture. 92 -262 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete n° C -1 concernant le marche de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A Tissue du vote, la proposition est acceptee. Le maire suppleant Hooton et les conseillers Chang, McGuire et Titus votent contre la proposition. 11. Submissions by Council Members 11.1 Zoning Issue - Rockwood Avenue On motion of Councillor Chang Seconded by Councillor White RESOLVED that Council direct the Building Inspector, William Edwards, to issue whatever Orders as may be necessary to Clear View Mobile Homes, to have the zoning violations remedied, and that in the event the owners do not comply with the Building Inspector's Order, Mr. Edwards be authorized to make application to the appropriate Court for an Order to Comply. On motion of Councillor Tait Seconded by Councillor Titus RESOLVED that the letter from Councillor Chang recommending that action be taken regarding possible zoning violations by Clear View Mobile Homes, be referred to the City Manager for a report in two weeks. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Question de zonage relativement a I'avenue Rockwood Proposition du conseiller Chang Appuyee par le conseiller White RESOLU que le conseil charge I'inspecteur des batiments, William Edwards, dIemettre les ordonnances qu'il juge necessaires a Clear View Mobile Homes afin que cette derniere prenne les mesures propres a remedier aux infractions relatives au zonage et que, clans 1'eventualite ou' les proprietaires ne se conformeraient pas a I'ordonnance prescrite par I'inspecteur des batiments, M. Edwards soit autorise a presenter une requete a la Cour appropriee afin d'obtenir une ordonnance d'execution. Proposition du conseiller Tait Appuyee par le conseiller Titus RESOLU que la lettre du conseiller Chang clans laquelle it recommande que des mesures soient prises en ce qui a trait a des infractions possibles relatives au zonage commises par Clear View Mobile Homes soit transmise au directeur general aux fins de rapport clans un delai de deux semaines. A Tissue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 2006 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2006 Water & Sewerage Utility Fund and General Fund Capital Programs, as outlined in the submitted report. 92 -263 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Ajustements au programme d'immobilisations du fonds des services d'aqueduc et d'egouts et du fonds d'administration pour 2006 Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal approuve les ajustements aux programmes relatifs aux immobilisations du fonds du service d'aqueduc et d'egouts et du fonds d'administration pour 2006, tel que le souligne le rapport pre same. A ('issue du vote, la proposition est adoptee. 12.2 Tender for Janitorial Services On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, 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. per month. Question being taken, the motion was carried. 12.2 Soumission relative aux services de nettoyage at d'entretien Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, la soumission presentee par Jani -King Ltd., au montant de 5 785 $ par mois, relativement a 1'etablissement d'un contrat de fourniture d'une duree de deux ans en vue de fournir des services de nettoyage et d'entretien clans la partie du complexe de I'hotel de ville presentement occupee par The City of Saint John, soit acceptee. A ('issue du vote, la proposition est adoptee. 12.3 Tender for Sprinkler System Flushing On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the tender submitted by Viking Fire Protection Inc., in the amount of $26,250. 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. Question being taken, the motion was carried. 12.3 Soumission relative a la vidange du systeme de gicleurs Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, la soumission presentee par 1'entreprise Viking Fire Protection Inc., au montant de 26 250 $, TVH en sus, relativement a I'approvisionnement de la totalite de la main - d'oeuvre, du materiel, des outils et de 1'equipement necessaires afin d'effectuer la vidange du systeme de gicleurs des arenas Hilton Belyea, Charles Gorman et Peter Murray, de le nettoyer et de 1'essayer, soit acceptee. A ('issue du vote, la proposition est adoptee. 92 -264 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 12.4 Tender for Rental Equipment On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the provision of rental equipment on an as and when needed basis 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 submitted summary of bids. Question being taken, the motion was carried. 12.4 Soumission relative a la location de materiel Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le contrat de fourniture pour la location de materiel, selon les besoins, etabli pendant une periode d'un an a compter de la date d'attribution du contrat par le conseil, soit accorde au soumissionnaire le moins disant clans chaque cas, comme I'indique le sommaire des soumissions presente. A Tissue du vote, la proposition est adoptee. 12.5 Tender for Truck Components On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager, 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 submitted tender bid summary. Question being taken, the motion was carried. 12.5 Soumission relative aux pieces de camion Proposition du conseiller Court Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, les contrats, relatifs a la fourniture exclusive de deux bennes basculantes et a la fourniture et a ('installation de trois bennes basculantes, de cinq chasse -neige et ailerons, de systemes a branchement rapide et de cinq commandes hydrauliques, soient accordes au soumissionnaire le moins disant clans chaque cas afin de respecter les specifications et exigences visees par de telles soumissions, comme I'mclique le sommaire des soumissions presente. A Tissue du vote, la proposition est adoptee. 12.6 Red Head Secondary Access Road - Report of Expropriations Advisory Officer On motion of Councillor White Seconded by Councillor McGuire 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; 92 -265 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 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. Question being taken, the motion was carried. 12.6 Rapport du commissaire consultatif de 1'expropriation relatif a la voie d'acces secondaire Red Head Proposition du conseiller White Appuyee par le conseiller McGuire attendu que le conseil communal, par resolution datee du 7 novembre 2005, autorisait le debut des procedures d'expropriation et le depot aupres du commissaire consultatif de 1'expropriation des avis d'intention d'exproprier les biens -fonds decrits ci- apres; attendu que les avis d'intention d'exproprier les biens -fonds decrits ci -apres ont ete deposes aupres du commissaire consultatif de 1'expropriation le 1" fevrier 2006; attendu que des avis d'opposition a 1'encontre des expropriations propose' es ont ete deposes aupres du commissaire consultatif de 1'expropriation cans les delais prescrits par la loi; attendu qu'une audience a ete tenue par le commissaire consultatif de 1'expropriation les 10, 11, 12 et 13 avril 2006; et attendu que le commissaire consultatif de 1'expropriation a presente son rapport date du 12 mai 2006 et que le conseil communal, apres examen de ce rapport, desire confirmer les avis d'intention d'exproprier, comme le recommande le commissaire; POUR CES MOTIFS, IL EST RESOLU que le conseil communal confirme, aux presentes, les avis d'intention d'exproprier et autorise, aux presentes, 1'expropriation des biens -fonds decrits comme etant les parcelles 06 -08 (NID 336701), 06 -13 (NID 339788), 06 -14 (NID 339960), 06 -15 (NID 416644), 06 -17 (NID 417097), 06 -20 (NID 55067466), 06 -21 (NID 340034) et 06 -22 (NID 55071195) ainsi que 1'enregistrement des avis d'expropriation des biens -fonds decrits precedemment au bureau du conservateur des titres pour le comte de Saint John ou au bureau d'enregistrement de titres de biens - fonds du Nouveau - Brunswick, selon le cas. A I'issue du vote, la proposition est adoptee. 12.7 Contract 2006 -24 - Goodrich and Wright Street - Water and Sewer Renewal On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2006 -24: Goodrich Street and Wright Street -Water and Sewer Renewal be awarded to the low tenderer, Fairville Construction Ltd, at its tendered price of $917,590. 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. 92 -266 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 12.7 Contrat no 2006 -24 relatif au renouvellement du reseau d'aqueduc et d'egouts des rues Goodrich et Wright Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le contrat no 2006 -24, relatif au renouvellement du reseau d'aqueduc et d'egouts des rues Goodrich et Wright, soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 917 590 $, etabli a partir de quantites estimatives et, de plus, que le maire et le greffier communal soient autorises a signer toute documentation contractuelle requise. A Tissue du vote, la proposition est adoptee. 12.8 Contract 2006 -4 - McNamara Drive (Loch Lomond Road to Civic #161) Water and Sewer Construction and Street Reconstruction On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, 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 its 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. Question being taken, the motion was carried. 12.8 Contrat no 2006 -4 relatif a I'amenagement d'un reseau d'aqueduc et d'egouts de la promenade McNamara (du chemin Loch Lomond jusqu'au numero de voirie 161) et aux travaux de refection de la rue Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, le contrat no 2006 -4, relatif a I'amenagement d'un reseau d'aqueduc et d'egouts de la promenade McNamara (du chemin Loch Lomond jusqu'au numero de voirie 161) et aux travaux de refection de la rue, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 842 864,80 $, etabli a partir de quantites estimatives et, de plus, que le maire et le greffier communal soient autorises a signer toute documentation contractuelle requise. A Tissue du vote, la proposition est adoptee. 12.9 Contract 2006 -15 - Howes Lake Landfill Closure - Phase On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, Contract 2006 -15 Howes Lake Landfill Closure — Phase III be awarded to the low tenderer, Debly Enterprises Ltd, at its tendered price of $464,530., as calculated based on estimated quantities, and further the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Responding to a question on the feasibility of planting trees on the landfill, the City Manager advised that he would explore that option. 12.9 Contrat no 2006 -15 relatif a la phase III de la fermeture du site d'enfouissement du lac Howes Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, le contrat 2006 -15, relatif a la phase III de fermeture du site d'enfouissement du lac Howes, soit accorde au soumissionnaire moins - disant, Debly Enterprises Ltd., au 92 -267 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /LE 23 MAI 2006 prix offert de 464 530 $, etabli a partir de quantites estimatives et, de plus, que le maire et le greffier soient autorises a signer toute documentation contractuelle requise. A Tissue du vote, la proposition est adoptee. Repondant a une question sur la faisabilite de planter des arbres sur le site d'enfouissement, le directeur general indique qu'il examinera cette avenue. 12.10 Agreement -Red Head Secondary Access Road -Norman Clark Mcllveen & Marie Paulette Mcllveen Property On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. The City of Saint John acquire the fee simple interest in a 7,487 square metre +!- portion of PID Number 55071195, as indicated on the submitted plan, from Norman Clark Mcllveen and Marie Paulette Mcllveen, pursuant to the terms and conditions contained in the submitted agreement, and further, 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Question being taken, the motion was carried. 12.10 Entente — Voie d'acces secondaire Red Head a la propriete de Norman Clark Mcllveen et Marie Paulette Mcllveen Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general 1. The City of Saint John acquiere de Norman Clark Mcllveen et Marie Paulette Mcllveen l'interet en fief simple de la parcelle de terrain d'une superficie d'environ 7 487 metres carres et portant le NID 55071195, comme ('indique le plan presente, sous reserve des modalites et conditions que renferme 1'entente presentee, et, de plus, 2. que le maire et le greffier communal soient autorises a signer les documents requis afin de conclure cette transaction. A ('issue du vote, la proposition est adoptee. 12.11 Temporary Mobile Home - 1287 Red Head Road On motion of Councillor White Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, 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. Question being taken, the motion was carried. 12.11 Maison mobile temporaire situee au 1287, chemin Red Head Proposition du conseiller White Appuyee par le conseiller Tait RESOLU que, comme le recommande le directeur general, le conseil communal approuve pour une duree d'un an 1'emplacement temporaire d'une maison mobile au 1287, chemin Red Head, conformement a 1'arrete sur Ies pares pour maisons mobiles. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee - Public Utility Easement - 865 Red Head Road 92 -268 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced Dennis Griffin tentative subdivision plan and to any necessary public utility easements. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme relativement a la servitude d'utilite publique visant le 865. chemin Red Head Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le Comite consultatif d'urbanisme, le conseil communal approuve le plan de lotissement provisoire avec photo reduite presente par Dennis Griffin ainsi que toutes les servitudes d'utilite publique requises. A Tissue du vote, la proposition est adoptee. 13.2 Finance Committee - Terms of Reference On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the submitted Finance Committee Terms of Reference for the City's Finance Committee be adopted and that in accordance with Item 1 c of the terms the appointment of members to this Committee be referred to the Nominating Committee. Councillor Ferguson suggested that the duration of membership coincide with the length of Councillors' terms on Council. Councillor Farren proposed an amendment to the motion which was seconded by Councillor Ferguson to include under section 3 the addition of year to date reports and change part of C to reflect that the minutes be provided each time the Committee meets. Question being taken, the amendment to the main motion was defeated. Councillor Ferguson proposed an amendment which was seconded by Councillor Farren to enable the Committee to meet 'in camera' . The City Solicitor explained that legislation dictates that committee meetings be open to the public unless issues arise which fall under 10.2(4) of the Municipalities Act, in which case they can be discussed in private. He further advised that it would therefore be inappropriate to add the proposed amendment to the terms of the Finance Committee. Question being taken, the amendment to the main motion was defeated. Question being taken, the main motion was carried with Councillor Ferguson voting "nay ". 13.2 Mandat du Comite des finances Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que le mandat du Comite des finances presente soit adopte et que, conformement a ('article 1c des modalites, la nomination des membres de ce Comite soient transmises au Comite des candidatures. Le conseiller Ferguson suggere que la duree comme membre du comite coincide avec celle du mandat des conseillers au conseil communal. Le conseiller Farren propose une modification a la proposition, appuyee par le conseiller Ferguson, visant a inclure a I'article 3 les rapports depuis le debut de 1'exercice ainsi que les modifications apportees a une partie de la section C pour faire en sorte que le proces - verbal soit fourni chaque fois que le comite se reunit. 92 -269 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /1-E 23 MAI 2006 A ('issue du vote, la modification apportee a la proposition principale est rejetee. Le conseiller Ferguson propose une modification a la proposition, appuyee par le conseiller Farren, afin de permettre au comite de se reunir a u huis clos ». L'avocat municipal explique que la loi dicte que les reunions du comite sont publiques a moins que ne surviennent des problemes qui relevent du paragraphe 10.2(4) de la Loi sur les municipalites, auquel cas it est possible d'en discuter an prive. II precise, en outre, qu'il serait inopportun, par consequent, d'ajouter la modification proposee aux modalites du Comite des finances. A ('issue du vote, la modification apportee a la proposition principale est rejetee. A ('issue du vote, la proposition principale est adoptee. Le conseiller Ferguson vote contre la proposition. 13.3 Nominating Committee Report On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the Nominating Committee, David Emerson be appointed to the Saint John Board of Police Commissioners for a term of three years ending May 23, 2009. Question being taken, the motion was carried. 13.3 Rapport du Comite des candidatures Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le Comite des candidatures, David Emerson soit nomme au bureau des commissaires de la police de Saint John pour une periode de trois ans, se terminant le 23 mai 2009. A ('issue du vote, la proposition est adoptee. 13.4 Committee of the Whole Report - Management Pay Scale On motion of Councillor Chang Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the submitted 2006 Management Professional Pay Scale and 2006 Management Groupings. Councillor McGuire proposed an amendment to the motion, which was seconded by Councillor Tait that the Fire Chief retain his current status in the organization, and that the position be placed in salary grouping 9 of the 2006 salary grid. Councillor Chase objected to the last minute change to the salary grid without further information from the City Manager on the issue. Question being taken, the amendment to the motion was carried, with Councillors Chase, Court, and Ferguson voting, `nay'. Councillors Court and Farren objected to the proposed increase given that cost of living increases are also considered. Councillor Chase commented that the integrity of the process which had been followed in debating the issue outlined in the City Manager's report, has been lost with the introduction of the amendment. Question being taken, the main motion was carried, with Councillors Chase, Court, Ferguson and Farren voting, 'nay'. 92 -270 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/1-E 23 MAI 2006 13.4 Rapport du comite plenier relativement a 1'echelle de remuneration des cadres Proposition du conseiller Chang Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil communal approuve I'echelle de remuneration des cadres pour I'an 2006 ainsi que Ies comites de gestion de 2006 qui ont ete presentes. Le conseiller McGuire propose une modification a la proposition, appuyee par le conseiller Tait, selon Iaquelle le chef du service d'incendie conserverait son statut actuel au sein de ('organisation, et le poste ferait partie de la categorie de remuneration 9 de la grille de remuneration de 2006. Le conseiller Chase s'oppose au changement de derniere minute afferent a la grille de remuneration sans avoir obtenu au prealable de plus amples renseignements sur la question de la part du directeur general. A Tissue du vote, la modification apportee a la proposition est adoptee. Les conseillers Chase, Court et Ferguson votent contre la proposition. Les conseillers Court et Farren s'opposent a I'augmentation propose' e etant donne que I'augmentation du coot de la vie a egalement ete prise en consideration. Le conseiller Chase mentionne que I'integrite du processus suivi Tors du debat de la question soulignee clans le rapport du directeur general ne s'est pas maintenue dans le cadre de la presentation de la modification. A Tissue du vote, la proposition principale est adoptee. Les conseillers Chase, Court, Ferguson et Farren votent contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15.1 Key Industries Request for Letter of Support On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that Council send a letter of support for Key Industries' application for ACOA funding. Question being taken, the motion was carried. 15. Correspondance generate 15.1 Demande de Keys Industries pour une lettre d'appui Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le conseil envoie une lettre d'appui afferente a la demande de financement adressee a I'APECA par Key Industries. A ('issue du vote, la proposition est adoptee. 15.2 John and Elizabeth Parks - Condition of Sidewalks Portion of West Side On motion of Councillor White Seconded by Councillor Titus RESOLVED that the letter from John and Elizabeth Parks, regarding the condition of the curbs and sidewalks on a portion of the West side, be referred to the City Manager. Question being taken, the motion was carried. 92 -271 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006 /1-E 23 MAI 2006 15.2 Pares John et Elizabeth relativement a I'etat des trottoirs d'une partie du cote ouest Proposition du conseiller White Appuyee par le conseiller Titus RESOLU que la lettre reque des pares John et Elizabeth concernant 1'etat des bordures et des trottoirs d'une partie du cote ouest soit transmise au directeur general. A Tissue du vote, la proposition est adoptee. 15.3 Kairos Saint John Water Declaration On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Kairos, urging Council to call upon the Federal government and the World Bank to ensure clean, affordable water for all especially the Door, be received for information. Question being taken, the motion was carried. 15.3 Declaration de Kairos sur 1'eau potable de Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre reque de Kairos, demandant au conseil de faire appel au gouvernement federal et a la Banque mondiale afin d'assurer de 1'eau propre et a un prix abordable pour tous, surtout les pauvres, Solt acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 15.4 Saint John High School Political Science Class - Growth in Greater Saint John On motion of Mayor McFarlane Seconded by Councillor Titus RESOLVED that Councillor Court convey Council's appreciation and congratulations for Saint John High School Political Science Class submitted recommendations, 'Growth in Greater Saint John'. Question being taken, the motion was carried. 15.4 Projet intitule « Croissance dans le Grand Saint John » dans le cadre du cours de sciences politiques de 1'ecole secondaire Saint John Proposition du maire McFarlane Appuyee par le conseiller Titus RESOLU que le conseiller Court transmette au nom du conseil ses remerciements et ses felicitations aux eleves du cours de sciences politiques de 1'ecole secondaire de Saint John pour les recommandations qu'ils ont presentees dans le cadre du projet intitule o Croissance du Grand Saint John ». A Tissue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 11:05 p.m. 16. Cloture de la reunion Le maire declare que la seance est levee a 23 h 5. Mayor /maire 92 -272 COMMON COUNCIL/CONSEIL COMMUNAL MAY 23, 2006/LE 23 MAI 2006 Common Clerk /greffier communal Heritage Development Board R O. Box 1971 506 658 -2815 Saint John. NB 500 658 -2837 (fax) Canada EM 4L I planing'o saintjohn.ca May 30, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: During our presentation to Common Council during Heritage Week in February, a nu of Councillors expressed interest in a "Teach -in" on heritage. The Heritage Developn Board welcomes this request and has assembled a presentation which will provide im into development opportunities based on rehabilitation of our heritage resources. The Board envisions this as a framework for our discussion and will be pleased to answer questions you may have. Members of the Board were hoping that such a "get- together" could be scheduled bet summer vacations are upon us. Please advise of an appropriate meeting time and plat Yours truly, 4; w V Dom Ji Bezanson, Secretary JHB:111 Developing Heritage For Our Future a O io Ministry Ministere .— �Eeatwl.Ontario Region of Educ n de I'�ducafyon zoz6 sneppa c� and Training et de la Fonvation suite 3201 North York ON M2J 11 (416) 491 -0330 Cent a de rOntario 2025 av Sheppard est Bure u 3201 Nort York ON M2J iW4 (416) 491 -0330 i �'d f/I✓t1 �4 L jr�R 11 k�LC' �T .ter �e-�,Nz �? =61i Yq'o M. Garnett 61 AYtrieeo INrense Saint Join, W UP I EG Mayor Norm McFarlane & Council PO Box 1971 15 Market Square Saint John, NB Dear Mayor McFarlane & Council: Piooe: 506433 -41175 nonrevk)nb.sympatico.ca 30 May 2006 Re: Renaming Streets for Prominent Deceased Citizens My name is Vern M. Garnett and I have lived in and around Saint John all my life. Two people that we have lost in the very recent past have had a great influence on my life and community involvement. They are Eileen Travis and Amedee Chouinard. I need not go into what these two people did for our city, province and country, and I do believe that we must honour these two people in a very special way. First, regarding Eileen Travis. When I was a child and had read all the children's books, Eileen caught me in the big people's area of the library. She wanted to know why I was there and when I explained that I had read all the baby books she asked what I liked and took me to that section. She gave me permission to get all the science and science fiction books that I wanted. Eileen gave all the children that she touched the love and enjoyment of books and reading. We need another Eileen. I would like to request that we re -name the street that loops around Market Square to the John Hooper Time Piece Eileen's Way or Travis Way. Seeing how she made the Saint John Regional Library what it is today, I do believe this would show how much each and every one of us appreciated her and how she touched everyone's life. Now for Amedee. This was a man among men and stood out far beyond most people in this city, province and country. The families that this man helped will never all be known, but probably every family to this city was touched by his heart in the community. His never -tiring ability to raise funds and build ideas in other people will never be matched by any one else now or in the future. I would like to request that we re -name the street that overlooks the Ross(Jervis Bay) Memorial Park to Amedee('s) Ave, Street or Way. As we all know Amedee's last project was the gazebo that overlooks this wonderful park. I look forward to hearing your thoughts in regards to this possibility. 1 hope and pray that we can honour these two wonderful people that have now been lost to us. "Educate and think first, before we condemn." Vern M. Garnett Yours In Community Volunteering Vern M. Garffef v 506- 633 -4875 61 Aberdeen Ave Saint John, New Brunswick, Canada E2P 1 E6 vat:. Mayor Norman McFarlane and Council, City of Saint John, .NIB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, retrains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, [�� V Name: 07 Address: .� �;� <C ) r gate: Mayor Norman McFarlane and Council, City of Saint John, NTB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mavor and Council I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: V2, 1/%�w--rt YT k rate: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. 1 am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: ^ Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come Please make every effort to ensure that a different route is selected so that our unique natural landmarkc, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy Yours truly, Name: Address: `p Wl Date: I Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my apposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plains, has been the heritage of the people bf Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yoursmtly, Name: n Address:. I i L L L c—v PS: To view our delightful park, please go to www.saintjohn.ca Date: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through.Rockvvood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to he protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for rus is undersea, in the Bay of Fundy. Yours truly, %zj�N Name: t tr�l l e e? Address: iiMyddlE S�rec t Sri 1 )t C) Nv3 1✓2L 7j t;$ PS: To view our delightful park, please Soto www.saintjohn.ca va,. Mayor Norman McFarlane and Council, City of Saint Johm, NB Re Proposed pipeline route through Rockwood Park. Saint John NB Dear Mayor and Council. 1 am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name Address. /Z`S�FJ/? o,, S PS'. To view our delightful park, please go to www.samijohn.ca Vate: Mayor Norman McFarlane and Council, City of Saint John, NB Re_ Proposed pipeline route through Rockwood Park, Saint John NB Dear Mavor and Council I am writing to you today to express my opposition to any proposals, present or fume, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: PS: To view our delightful park, please go to www.saintjohn.ca !late: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park. Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a Pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, �ii Name: Address: Latc. Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: ` 9 PS: To view our delightful park, please go to www.saintjohn.ca uate: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB ' Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: PS: To view our delightful park, please go to www.sairttjohn.ca Uate: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark so dear to our citizens, remainsun touch ed by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: � a� Address: 6Z Odic. Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, Present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our c remains untouched by any further industrial encroachment. The only acceptable route for us is tinder , in the Bay of Fundy. Yours trul��'��/EY�/t Name: STL}r/ tQ6 i Address: S5 MAM Date. Mayor Norman McFarlane and Council, City of Saint. John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every Way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, /w �� Name: r� Address: Z6ee PS: To view our delightful park, please go to www.saintjohn.ca uate: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, v Name: L Address: J -5 PS To view our delightful nark- please go to www.saintjohn.ca Date: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: Address: PS: To view our delightful park, please go to www.saintjohn.ca Date: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, r Name: Address: UdW. Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a Pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: 1✓c�7.c�f �i c crL ' - Address: r S✓ it / e� . sain ohn.ca Date: Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood park, Saint John NB Dear Mayor and Council: I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native .plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, Name: , 7, 4 1"a cg Address: 2w A k c'!a s UatC. Mayor Norman McFarlane and Council, City of Saint John, NB Re. Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is unysea, in the Bay of Fundy. Yours truly, !v Name: re Address: 4Z�` ✓� Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mavor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come. Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy. Yours truly, j�lajw`l1'L0. ti '�� 1 Name��e�a n'\Gt-r�2.� Address: 3 an �o n Lun e. nc. Tn ,Ao„. ,.,,r Aaliolhrfi,t nark nl a e go to www.saintjohn.ca uate. Mayor Norman McFarlane and Council, City of Saint John, NB Re: Proposed pipeline route through Rockwood Park, Saint John NB Dear Mayor and Council. I am writing to you today to express my opposition to any proposals, present or future, to route a pipeline through Rockwood Park. This natural treasure, home to abundant wildlife and important native plants, has been the heritage of the people of Saint John since 1894, and deserves to be protected in every way for today's families and generations to come Please make every effort to ensure that a different route is selected so that our unique natural landmark, so dear to our citizens, remains untouched by any further industrial encroachment. The only acceptable route for us is undersea, in the Bay of Fundy Yours truly, Name:I� Address: - - tnwww.saintiohn.ca May 25, 2006 Dear Mayor and Council, I have watched with hopeful anticipation as the new and improved Memorial Field takes shape. A while back I left a message for Blair Hussey, who I had dealt with in the past, I was concerned that proper net poles might have been overlooked as the new poles were aluminum and might not hold the large net. Although I never heard back from Mr. Hussey, my concerns are now obviously valid, as the poles that have been put up fall very short of giving us the protection we have enjoyed in the past. Both houses in back of the net and two across Greendale Cres., will have young children who like to play in the safety of their back yards. We will soon have a new roof and our close neighbors have gone to the expense of new windows. It is very disappointing to have to start all over again pleading our case for safe back yards. Nothing short of the height of net we had last year would be acceptable as even at that we suffered a broken window and clay pot a few years back when one stray ball did get away. Please find someone with a creative mind to come up with a way to add an extension to the new short pole so we can enjoy a good, safe summer. nr Needing Quick Action, Carolyn and Dayle Messer 672 -0646 166 Dexter Dr. Chris and Melissa Messer 649 -5032 r 89 Valleyvte r. A'?, ApWv Chantalle and Tim Budd 652 -7634 1541 D X.W Abel and Elaine LeBlanc 674 -1624 tgiValleyview Cry% / wil� ti4 g�iti LA- LA L �Y�P17 f r "C9 1 t � � M & C — 2006 - 149 June 2, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Release of Space City Hall — Suite 1507 BACKGROUND: As Council may be aware The City of Saint John and Morguard Investments are currently negotiating the renewal of the City's lease of space at City Hall. As part of the ongoing discussion between the two parties, Morguard had indicated they would like to secure the release of Suite 1507, City Hall, being a 650 square foot portion of the 15th Floor. Senior City officials indicated this was reasonable and in the event the renewal was not completed in a timely fashion, a release of space could be attained. As indicated it is the intention of the City to relinquish this space as part of the larger lease renewal, however Morguard requires the space immediately so as to provide the space to an existing tenant who is expanding their operations. Morguard has agreed to provide possession to the new tenant effective July 1, 2006. The City currently uses the Suite as a training facility (French training room) which will be relocated to within the confines of the renewed lease area. The purpose of this report is to secure Council's permission to release Suite 1507 to Morguard Investments effective June 15, 2006 Report to Common Council June 2, 2006 RECOMMENDATION: Page 2 That The City of Saint John release its leasehold interest in Suite 1507 (plan attached), City Hall to Morguard Investments Limited effective June 15, 2006. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c 15 MARKET SQUARE ST. JOHN, NEW BRUNSWICK 15th Floor - Area Summary August 3, 2005 - I5MarketSq)5Record - Prepared by Space Database Inc., www spacedatabase com June 2, 2006 Your Worship and Councillors: SUBJECT: Proposed Richard & Eileen Burbridge Subdivision 725 Westmorland Road The Committee considered the attached report at its May 16,2 006 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. The Committee also denied a variance to reduce the minimum required Land for Public Purposes from 1,145 square metres (12,325 square feet) to 0 (zero). RECOMMENDATION: 1) 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. 2) 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. 3) That Common Council accept cash -in -lieu of the required 1,145 square metre (12,325 square feet) Land for Public Purposes. 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 DATE: MAY 26, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 30, 2006 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. Name of Owner: G.L.C. Realty Limited & McT Holdings Limited Location: 100 Water Street & 153 Prince William Street PID: 00011460, 55048425, and 55048433 Municipal Plan: Uptown Regional Centre Zoning: `B -3" Central Business Proposal: To vest portions of the above -noted properties for street purposes, along with necessary easements, to allow the transfer of a retaining wall to the City. Type of Application: Subdivision assent. Hughes Surveys & Consultants Inc. Page 2 100 Water Street & 153 Prince William Street May 26, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act 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. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the attached subdivision plans and to the required municipal services easements, as well as any necessary public utility easements. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering supports this subdivision application. City Solicitor has indicated that this proposal is consistent with the agreed upon procedure with respect to the ownership of the recently constructed wall. ANALYSIS: The subject site is a double- frontage lot extending between Water Street and Prince William Street in Saint John's Uptown Regional Centre. Although both properties abut both public streets, due to the topography only the eastern half of PID 00011460 is accessible from Prince William. The site is currently being used for parking and late last year the City constructed a concrete retaining wall approximately 7.3 metres (24 feet) in height to stabilize the embankment. The retaining wall is on private property but due to liability issues it was determined that the City would construct the wall on the understanding that the land on which the wall sits would be transferred to the municipality. The proposal would in essence widen the Prince William Street right -of -way to include the wall. With completion of the retaining wall, the property owners have submitted plans to vest a 4 square metre (43 square feet) portion of the McT Holdings Limited property (PID 000 11460) with the City as part of the Prince William Street right -of -way. In addition, a 14 square metre (151 square feet) portion of the G.L.C. Realty Limited property would vest with the City in a similar fashion. The subdivision plans indicate that an easement would be provided across the G.L.C. Realty Limited property in order to provide access to the retaining wall for maintenance / repair purposes. Hughes Surveys & Consultants Inc. Page 3 100 Water Street & 153 Prince William Street May 26, 2006 Given that the property owners have negotiated the subdivision with City officials in exchange for the construction of the retaining wall, approval of the proposal is recommended. PF Project No. 06 -163 PLANNING AND DEVELOPMENTWIRBAN ISM E ET D VELOPPEIVIENT 1, I D A yl J3 11 id ss 10 hr IF AF- vp A-9 16 p . L UMQ IL F, 7 "A IL SuLject elsite en question: P 1 D(s)IN I P (s): Sl ODQ-� 1460, 55048425, Larva -io'i: 153, rue Prin,-.e William Strue: & 55048433 100. rue Water Street Date: May.lmai 16, 2005 Suala�'khell-e.- NO to scals,Pas 6 1 &--helle- ji TO titi a 'S t O Uff L-- 1pr� VOAS A9 DATE: MAY 26, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 30, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on subdivision developments, including the assent of public streets and easements, as well as the authorization of City/Developer Subdivision Agreements. Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Kierstead Quigley and Roberts Ltd. Name of Owner: Jovin Construction Ltd. Location: 2645 Loch Lomond Road PID: 00327387 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To carryout a further phase of an ongoing rural residential subdivision. Type of Application: Subdivision JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on subdivision developments, including the assent of public streets and easements, as well as the authorization of City/Developer Subdivision Agreements. Hillcrest Heights Subdivision, Phase 3 Page 2 2645 Loch Lomond Road May 26, 2006 STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans for the submitted Hillcrest Heights Subdivision — Phase 3 tentative plan, and to any required municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements in order to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. ANALYSIS: On June 1, 2004 the Planning Advisory Committee favourably considered an application by Kevin H. Steele Contracting Ltd. ( Jovin Construction Ltd.) involving the development of a large rural residential subdivision (see attaehed Overall Tentative Subdivision Plan — Hillcrest Heights Subdivision — Preliminary). The Committee recommended to Common Council that the entire 45- hectare (111 -acre) property be rezoned from "RS-1 "One and Two Family Suburban Residential to "RR "One Family Rural Residential once confirmation from N.B. Environment was received that the initial phase (Lots 04 -3 to 04 -21) was acceptable with regards to the probability of obtaining sufficient water suitable for domestic consumption. The Committee also recommended the necessary subdivision assents and approvals, which included the vesting of a large Land for Public Purposes dedication north of Mattro Street and the naming of the proposed public streets. Having received confirmation from N.B. Environment, Common Council on August 16, 2004 gave third reading to the rezoning and assented to the proposed phase of the subdivision development. There have also been several other applications made by the Developer concerning this subdivision development. • On August 24, 2004 the Committee approved the street name change from Silver Maple Drive to Javin Hill Drive. • On November 2, 2004 the Committee granted necessary variances to permit the creation of two residential lots at the intersection of Javin Hill Drive and Loch Lomond Road. • On November 16, 2004 a further application was favourably considered by PAC involving the temporary vesting of Lot 04 -11 as L.P.P., and authorizing its later exchange when the larger dedication was vested. Hillcrest Heights Subdivision, Phase 3 Page 3 2645 Loch Lomond Road May 26, 2006 Since that time the Developer has undertake a portion of the approved phase of the development (Lots 04 -3 to 04 -11). More recently the Developer has undertaken considerable street construction ( Mattro Street and Jadvo Street), and is now seeking further tentative subdivision approval for the remainder of the proposed rural residential subdivision. After having submitted the necessary Comprehensive Water Supply Assessment Study (CWSA) prepared by Fundy Engineering & Consulting Ltd., regarding this remaining phase of the development, N.B. Department of Environment has determined that the proposed lots are acceptable with regards to the probability of obtaining sufficient water suitable for domestic consumption. N.B. Department of Public Health Services has also confirmed that the remaining proposed lots can be modified and made suitable for the installation of necessary private on -site septic disposal systems. The original subdivision proposal was fully reviewed by City departments and public utilities back in 2004. The submitted revised subdivision layout is consistent with this original subdivision, with the exception of the relocation of a Future Street (FS -3) further south. This change has been discussed with City staff. It should also be noted that no lot abutting Future Street (FS -2) will be approved until this public right -of -way is fully constructed by the Developer. Alternatively, the two proposed lots could be created as one large parcel abutting the Mattro Street right -of -way (that will be developed), which is believed to be the intention of the Developer. Approval of the necessary assent and authorization of the Subdivision Agreement for this phase of this subdivision development can be recommended. It should be noted that further subdivision approval will be required in order to undertake the remaining portion of the original proposal adjacent to Hillcrest Road (see attached Overall Tentative Subdivision Plan — Hillcrest Heights Subdivision — Preliminary). MRO Project No. 04 -104 7 / P / \ (& r V. ar =.mot 7, wuvn A / r T r'o 'A John �.Pf r I Gp 4.'C S:iTE - W OTS L . 1. CQ I.PCE "I Nil Ej sy ir Tr i5 f M 19 0,,- UL09: 7o-Fry -2dyinj 02 i-H M-4 IIJA PAM ire 4'1 yQ M & C — 2006 -147 June 2, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: City land at University Avenue and Royal Parkway BACKGROUND: In the 1970's there were a large number of three story apartment buildings constructed along University Avenue. These buildings were constructed by a number of developers in different phases. One cluster of six buildings with 95 units was constructed along a street called Royal Parkway. As part of this development the City accepted a 32,400 square foot parcel of land at the corner of University Avenue and Royal Parkway as Land for Public Purposes in 1976. This land is undeveloped and remains in a natural state. It has a depth of 41 m (135 feet) and acts as a buffer for an existing 24 unit building located on the north east side of Royal Parkway. The Atlantic Health Sciences Corp. has for a number of years leased a variety of apartment units in this area for the use of interns and other medical students located at the Regional Hospital for a limited duration. There have been concerns as to the quality of the living environments provided and the potential for disturbance of the residents given the variety of shifts experienced. The AHSC has therefore sought proposals by June 6, 2006 from the private sector for 34 two bedroom apartments preferably in one building complex. These units must be in the University Avenue area and have a minimum of two parking spaces per unit. These units are required by November 30, 2006. Major renovations or new construction will be required to meet the criteria. The building adjacent to the City land for public purposes is owned by Ellerdale Investments Ltd., John Rocca. Mr. Rocca has made a proposal to the AHSC Report to Common Council June 2, 2006 Page 2 which would include the use of the City land in conjunction with his existing building. If the City is not supportive of this concept, the offer would be withdrawn. ANALYSIS: This report has been prepared to facilitate the further discussion that will be required between the City, Mr. Rocca and the AHSC. At this stage a final recommendation can not be made for Council's consideration. Public Proposal: There have been a number of requests to purchase this land over the last 12 to 16 months. In each instance the proposals have not proceeded. This land has not been declared surplus or offered for public disposal. Staff has viewed this land as providing a valid public purpose by acting as a natural buffer between University Avenue and the adjacent building. This natural buffer is a desirable feature compared to the barren, open environment present in some other nearby locations. In the event more than one party has expressed an interest in this property, a public proposal call would typically be undertaken. Land for Public Purposes: The land can not be offered for development until it is no longer deemed Land for Public Purposes (LPP). There is a statutory process which requires concurrence by the Planning Advisory Committee which will necessitate public input being sought. In other recent cases the City has been criticized for disposing of LPP for development. Timing will be a concern, but the developer has been advised and still wishes to proceed. Alternate Developments: Royal Parkway has only been developed for one half of its planned length. There are additional apartment lots available if services and streets are extended. This will occur when demand for building locations justifies the expenses of the service extensions. There has been interest from the owners of these undeveloped lots but no specific proposals have been received. In addition the lands adjacent to the LPP and the Rocca apartment building are lands owned by the province. These lands will undoubtedly play a role in providing expanded services related to the hospital. In fact Mr. Rocca has suggested that they may be cheaper to develop than the City lands. Report to Common Council June 2, 2006 Proposal: Page 3 The attached proposal prepared by Mr. Rocca also presents a number of site development issues which could be improved upon. The amount of parking, all in the front yard, is inappropriate for the site. The location and number of driveway access points onto Royal Parkway needs to be reconsidered. The amount of open space is significantly below standard. The end result would be higher tax base, but a reduced green space and an urban environment that is diminished. CONCLUSION: A balance between development, the environment and the social need for quality residential units is possible. If use of the adjacent lands owned by the province was considered, a new design could evolve which may still involve the city lands for the construction of new units, relocation of parking, as well as retention of a portion of the natural buffer. In fact the buffer may very well be reconfigured and not reduced if further lands are included. The AHSC is after all seeking a residential experience for its visiting interns. Consideration of alternatives that involve their land as well as the City's LPP should be able to achieve the goals of the City, developer and the Atlantic Health Sciences Corp. Such an approach, if possible, would support dealing with only the adjacent owner especially if we were only reconfiguring the LPP lands. RECOMMENDATION: That staff continue in the discussions with Mr. Rocca with a view to meeting the needs of the Atlantic Health Sciences Corp. proposal call balanced with the needs of the City. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development JRB /mmf Terrence Totten, F.C.A. City Manager E P 02 j=i � .- di R E P 02 P«:6-33 §e 04:35 M §3E: sSE:¥ FAX 3 634039 K 2 ?�o := a x \\ �� \ � fK2( /\ (f§ , I}pi \! ` © `§ _ rld & � �m 0 � a � � � & ! ; PROCLAMATION WHEREAS: people with spinal cord injuries are a valued part of our community; and WHEREAS: our community recognizes the positive impact that people with spinal cord injury have on their communities; and WHEREAS: our community supports positive change to encourage people living with spinal cord injury to lead full productive lives; and WHEREAS: it is the goal of the Rick Hansen Man In Motion Foundation to accelerate improvements to the quality of life for people living with spinal cord injury; and WHEREAS: our community will support Rick Hansen Wheels In Motion by asking citizens to wheel on bicycles, wheelchairs, in -line skates, skateboards, scooters or walk or run to raise awareness and funds for spinal cord injury; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim Sunday, June 11th, 2006 as "RICK HANSEN WHEELS IN MOTION DAY" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: Scleroderma is a disease in which connective tissues of the body become hardened and rigid, impeding normal functions of limbs and organs with no known cure; and WHEREAS: Scleroderma is a chronic, painful and progressive disease that almost always results in death, and WHEREAS: to make the public aware of this unfamiliar disease to help with funds for much needed research; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim the month Scleroderma Awareness Month. of June as National In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. City of Saint John Environment Committee June 5, 2006 Mayor Norm McFarlane And Members of Common Council Re: City of Saint John Environmental Awards This is Environment Week. Environmental stewardship is an issue for everyone. Many citizens of Saint John show their care for the environment on a daily basis. They include the people who regularly compost and recycle or people who drive energy efficient cars. Their efforts are often unsung and may go noticed. Once a year, during Environment Week, the City of Saint John takes the opportunity to acknowledge these citizens and organizations by offering awards to individuals, businesses, community groups, and schools who have made a significant contribution to the environment. Tonight, we will acknowledge the contribution of individuals and organizations who have made both a private and public contribution. The 2006 award recipients are: Individual Brent Mason — Mr. Mason has been a long -time advocate for promoting the heritage and natural capital of the lower Saint John watershed. He has been a leading and courageous voice in encouraging grass -roots initiatives by interspersing his music and story- telling with environmental overtones. Brent has unselfishly supported the environmental initiatives of the New Brunswick Conservation Council, the Nature Trust and the ACAP Saint John. Business Aliant — in October 2005 Aliant introduced a full waste sorting system that included compost, paper, cardboard, and beverage containers. In seven months, this effort has saved approximately 247 mature trees with an annual goal of saving 422 trees, based on a plan to recycle 9,144 kilograms of cardboard, 15,684 kilograms of paper, 4,920 kilograms of compost, and 24,960 beverage containers. Big results require a big effort. Community Organizations ONE Change Inc — the founding meeting of ONE Change was held in February of 2004. Since then, this community group has engaged in a range of beautification and clean -up efforts in the Old North End of Saint John by engaging the citizens of the North End, particularly the youth. In addition to the clean -up of streets and vacant lots and the provision of public garbage receptacles, there are plans to extend the environmental action to tree planting. Related initiatives include the home weatherization program, which began in 2005 and will continue in 2006. This program helps reduce energy consumption, benefiting both the homeowner and the environment. Peter McKelvey — Chairman Melanie Prier Christine Saumure David Keeping Susan Atkinson Tim Curry Tim Vickers — ACAP Karen Kidd Craia Campbell — Staff Mike Cormier— NB DELG City of Saint John Environment Committee Schools Nancy Bell and Harbour View High School — under Ms. Bell's leadership, Harbour View High School has implemented a comprehensive environmental program. This program includes cell phone and ink cartridge recycling, composting, pop can recycling, school -wide energy conservation, and a no-idling initiative for cars drivers waiting at Harbour View. One month into New Brunswick's first high school composting program, the school has already diverted 200 kilograms of waste from the landfill. Harbour View is currently the leader in the Fundy Solid Waste Commission Save -a -Tree program having recycled the equivalent of 250 trees so far in this school year. In closing, Congratulations to all the award winners, and Thank you t the citizens and organizations who are working to benefit the environment. Your efforts re esent real contribution t0 our community and to the future of our children. Pet r McKelvey Chairman Saint John Environment Committee Peter McKelvey — Chairman Melanie Frier Christine Saumure David Keeping Susan Atkinson Tim Curry Tim Vickers — ACAP Karen Kidd Craig Campbell — Staff Mike Cormier — NB DELG 4:8 �YUPPC!tqf THE SAM X-ilid SLPKATEPAfR,?,� June 5. 2006 Table of Contents 1. Introduction. Who we are 3 Our vision 3 Statistics 3 2. Investment and Benefits. 2.1 True growth strategy 4 2.2 Health and Wellness 6 2.3 Benefit to Kids 7 3. What other municipalities are doing 3.1 Moncton 9 3.2 Halifax 10 3.3 Sydney River 11 3.4 St. John's 12 3.5 Other 13 4. Funding 13 5. Projected Construction Costs 14 6. Resources and Additional Information 15 - 2 - 1.0 Introduction: Who we are: The Fundy Skatepark Association is a not for profit organization dedicated to the construction of a world class skateboarding facility along Harbour Passage and on Saint John's waterfront. Vision of the Saint John Skatepark: The Saint John Skatepark will inject new energy into uptown Saint John and also embrace one of the fastest growing athletic phenomena of our generation. The new Skatepark has the potential to be a pivotal landmark in the City of Saint John. The proposed location will complement and adjoin two of the most successful recreational initiatives in the recent history of Saint John: Harbor Passage and Harbor Station. The Park will also be situated at the juncture of the spectacular St. John River and the Bay of Fundy. The Skatepark will be the finest facility of its kind on the eastern seaboard north of Washington DC. Statistics: 1.5 Million Skateboarders in Canada The spring 2003 edition of SBC Skateboard (a national Canadian skateboard magazine) says: "There are now estimated to be nearly 1.5 million skaters in Canada." Based on January 2003 population figures, this translates to a staggering 5% of the population of Canada. Skateparks increase tourism, according to numerous industry studies. The potential for commercial growth, especially in the retail and athletics markets, is huge. As the position paper entitled "Development of a Canadian Sport Policy" (2002) points out, individual activities such as skateboarding have replaced traditional team sports for many youth. Industry Statistics: Skateboards and skateboard - related products from approximately 300 manufacturers generate 1.4 billion dollars in annual retail sales in North America. Some 100,000 professional skateboard decks and 500,000 wheels are manufactured and sold each month. - 3 - 2.0 How Saint John's Investment in the Park benefits the city: 2.1 Enterprise Saint John's True Growth Strategy Ft The Skatepark The True Growth mission: to build a better community - economically, socially and culturally. Under the leadership of all five local municipal mayors, the public and private sectors, along with community groups and individuals are working together to create a community that continues to attract and retain people, ideas and investment. "We are working towards a creating a community that people will be drawn to." - Enterprise Saint John True Growth Strategy A Skatepark will help the True Growth Strategy attract and retain people, ideas and investment by: • Providing the city with infrastructure and an activity that will attract talented young professionals, university and community college students, as well as tourists. • Providing a recreational facility for local youth, regardless of economic background. • Retain educated youth and young professionals who already live in the area. But don't take our word for it: "I've heard a desire for a [Skate] Park from high tech employee's who are coming to the city." - Dave Armstrong, Louisville, Kentucky, USA Today (July 30/02). "Louisville's new park will be used to attract sporting events, tourist dollars and High -Tec workers, as well as skaters, to the revitalized waterfront. " - USA Today Article (July 30102). "It actually becomes a draw for your community if you have a good Skatepark. Skaters want to come and try it out. Never underestimate the power of a teenager to sway his parents travel plans!" - Patti Ferguson, CMC, Armstrong, B. C. Municipal planners are studying cities like Vancouver, British Columbia, which enticed housing developers to help repopulate its inner city with family housing, schools, skateboard parks and community centers. There are 4,000 children there now, compared with the few hundred that lived there 15 years ago. The True Growth Strategy has three models: Supportive, Economic and Enriching Communities. The Saint John Skatepark will benefit True Growth and each of its models: Supportive /Social Community: includes organizations that contribute to health and wellness, social development, heritage, immigration and the environment. The Fundy Skatepark Association embraces and celebrates youth culture. It will contribute to social development, health and wellness by providing a facility for youth and young professionals. Here's what other municipalities have to say: "We have found the park to be a great attraction to young people, and we believe it reflects the ability of the City to respond to the changing recreational needs of youth." - Alan Lowe, Mayor, Victoria, BC. "Building a skateboard park is not that different from building a basketball court or a baseball field." - Jim Skeels, Parks and Recreation Director, San Carlos . CA. "A skatepark can provide a safe social venue to burn off youthful exuberance in a healthy manner thus treating the cause rather than the symptoms of delinquent behavior and saving communities in policing and health costs." - Andy White, Skatepark Advocate, New Zealand Prosperous /Economic Community: includes all businesses and organizations that contribute to a sound economy. Skateboarding events, such as joint competitions and concerts, are a huge draw for municipalities. These events draw skateboarders and fans from across regions. The Skatepark gives Saint John a new market opportunity in extreme sport festivals. "It [Skatepark] has been much more successful than we had ever imagined. We have advertised it on the Ontario Skateparks web site and have been seeing people traveling from all over Ontario to visit our park." - Leslie Roseblade, Skatepark Volunteer, Quinte, ON - 5 - Philadelphia has been internationally renowned as a city that has benefited from its Skatepark. Benefits include: • Growth in high tech Ft graphic design companies (including the largest web design firm in the USA) founded by skateboarders. • Small and medium sized businesses catering specifically to skateboarders. • Increased enrollment in Universities and Community Colleges. - Economic Impact of Skateboarding Culture on Philadelphia As in Saint John, Philadelphia too often found itself wondering how to reverse the exodus to the suburbs. Skateboarders are helping to turn that tide. They're moving into the city, starting businesses and starting families. Skateboarders own several successful galleries and studios in Old City, the historic region of Philadelphia. A surprising number of X Games athletes, including gold medal winners, live there. The best skateboard magazine photographers also live in Philadelphia. The Skatepark has gone a long way to building the local economy, as well as diversifying the arts and culture scene, in turn increasing the attractions for tourists. Evolving /Cultural Community: generates ideas and includes the university, community college and the arts community. Skate boarding is more than a fad: it has become a CULTURE. Skateboarding is the fastest growing sport in the recreation sector. Look no further than Vans, one of the industry's most recognizable brands, which, besides its skateboarding merchandise line, also boasts its own music division. And Vans is not alone; other industry leader such as Volcom do, too. 2.2 Health and Wellness Et The Skatepark Recently Premier Bernard Lord unveiled his Five in Five Initiative, his top five priorities for the next five years. One of these goals aims to make NB "The Wellness Province" by increasing physical fitness participation more than any other province. The Skatepark will be crucial in reaching this goal. According to the 2001 census, Saint John is Canada's third fattest city with nearly 60% of the population being overweight, 34% being youth between the ages of 12 and 17. In 2004 the Population Branch of the Canadian Institute for Health Info (CIHI) published a series of documents on obesity and improving the health of Canadians. The CIHI suggests that children from low - income communities are most at risk for obesity since the "availability of low cost, inexpensive places to be active are limited." Stats Canada ranks the South End of Saint John number 23 out of the top 25 slums in Canada, and Saint John overall as having the highest child poverty rate (1 in 3), putting us at high risk for a youth obesity epidemic. Studies by the CIHI further suggest that municipally initiated recreation strategies, which encourage increased physical activity and decreased sedentary living, are the most effective. Numerous studies demonstrate the positive effects daily physical activity has on student performance and academic achievement in terms of memory, observation, problem solving and decision - making, as well as significant improvements in attitudes, discipline, behavior, and creativity. 2.3 Benefits to Kids A Safe Place to Practice: According to statistics compiled by Skaters for Public Skateparks, an Oregon - based national Skatepark advocacy group, an average of one young person per week dies in a skateboarding accident outside of a Skatepark in the U.S. As of April 9, 2006, 14 fatalities were reported in the U.S. and all occurred while street skating, almost all involved collision with a motor vehicle. The most recent fatality in California was a 14 year -old boy. A Skateboard Park will keep our kids from skating in the streets and promote safer skating habits in general. An alternative to drugs and crime: One of the main barriers to skateboarding is the strongly held stereotype that it is a pastime for `drop -outs' or `stoners'. But in actuality, skateboarding is a challenging, creative activity that promotes healthy, active lifestyles. When city officials considered destroying the park to make way for a new highway in Philadelphia, former city planner Edmund Bacon sent a letter to a local newspaper stating: "We have a highly hypocritical society. We decry drugs, theft and vandalism. Then we try to suppress the most innocent, nontoxic, nonpolluting, healthy, creative, wonderfully skillful activity invented by the young - skateboarding." As Bill Montgomery, Santa Rosa CA's Deputy City Parks Director says: "The kids love it, Et the police department likes that it offers a place for kids to stay out of trouble Ft off the street." In fact, the park he refers to is so successful, clean, and quiet that some Santa Rosa residents on the opposite side of town have asked the city to plan an even larger skateboard park in their neighborhood. -7- A Place to Showcase their Skills: "It has had such a positive impact on our community for the youth and tourism. We have attracted special events, which want to rent our complete public park because of the Skatepark. During the summer we have bus tours that come to our park on a weekly basis which travel around eastern Ontario to the different Skateparks. We have also initiated a skateboard day camp for the kids in the community, which has received very positive feedback." - Leslie Roseblade, Trenton Ontario Skatepark Committee "How do young people run, jump, fall, crash and get up smiling, most of the time, and go back for more. It must be the primal urge to move, be challenged, live on the edge and take risks. If that is the case, it is incumbent upon municipal authorities, recreation commissions and other recreation providers to make these activities a crucial aspect of the play program they provide." Don Winsor - The Beacon, Happy Adventure NL Melting pot for Youth Culture: "It's a culture - a form of physical expression, of freedom and moving away from parental control to self - control. Young people I work with learn to set goals and achieve them as they learn new moves." - Scott Buckner, Volunteers at high schools, teaching students how to roller -blade and skateboard. Walker Ryan, an 18 year -old senior from St. Helena, says, "[Skateboarding] is a totally creative outlet for kids. I wish people could respect the fact that it is a skill you have to master ... it's very physical. In so many ways it's just like any other sport we throw tons of money into and have a positive attitude toward, like baseball and soccer and basketball and their organizations and leagues. All we need is a place to go." Ryan maintains a 4.0 GPA, is on the student council, and plays lead trumpet for the high school jazz band. 3.0 What Other Municipalities in the Maritimes are Doing 3.1 MONCTON SKATEBOARD PARK The Moncton Skateboard Park, at the Riverfront Park in downtown Moncton, has a mix of terrain for skateboarders and freestyle in -line skaters of all ability levels. This unique facility is the largest outdoor skateboard park in Atlantic Canada, and is open to the public seven days a week (weather permitting) with no admission fee. 2000 Phase 1: Total Budget $200,000 2007 Phase 2: Total Budget $300,000 Phase 1: 100% Funded by the City of Moncton Phase 2: Unknown PIE CHART for Phase 1: 100% ■ Municipal Funding 3.2 HALIFAX SKATEBOARD PARK The Halifax Skatepark, in the heart of the city at Halifax Commons, is currently under construction. 2006 Phase 1: Total Budget $ 545,000 City Investment: $250,000 - City of Halifax $25,000 - Community Council Bldg Fund $30,000 - Councilor Sheila Fougere $7,500 - Councilor Dawn Sloane $5,000 - Councilor Patrick Murphy $5,000 - Councilor Sue Uteck Funded by the City of Halifax PIE CHART: 30% 11% ❑ Municipal Funding ❑ Prov. Funding 59% ■ Other Funding -10- 3.3 THE COXHEATH SYDNEY RIVER AND AREA, NS - SKATEBOARD PARK The Coxheath, Sydney River and Area Skateboard Park is currently under construction. An area councilor cited the need for a safe, modern, properly designed park centrally located to serve children, youth and spectators in Cape Breton. Total Budget: $350,000 Cape Breton Regional Municipality Investment: $75,000 nnn1 0 ■ V / V El Municipal Funding ■ Other Funding - 11 - 3.5 Other Maritime Communities that are building Skateparks: BATHURST, NB The Fred Pitre Memorial Skatepark ceremonial ground breaking was held in 2005 with construction beginning this year. FREDERICTON, NB Located in beautiful Kimble Park, this outdoor skateboard park underwent upgrades last year. Two new concrete grind boxes and a new concrete centerpiece, complete with a ledge and adjustable rails, were added. This park offers challenges for both the beginner and the more advanced skater. - 12 - 4.0 Funding Total Project Cost: Estimated Capital Cost: $650,000 (excluding HST) Projected Sources of Funding: We will raise funds from both the private sector and through the provincial and municipal levels of government. Corporate Sponsors $200,000 Grass roots campaigns 25,000 Provincial government 160,000 (application with Regional Dev Corp) City of Saint John 265,000 Total $650,000 (excluding HST) Funding commitments so far: Greater Saint John Community Foundation $10,000 Town of Quispamsis 5,000 Uptown Saint John 5,000 X -Fest in October 2005 946 X -Fest BBQ 500 Raised to date $21,446 Note: Aliant has expressed a strong interest in becoming involved in the project. Request for funding from the City of Saint John: We request the City of Saint John pass a motion in support of allocating $265,000 in the 2007 Capital Budget as conditional funding of the Skatepark, dependant on the Fundy Skatepark Association raising the balance through other sources. - 13 - 5.0 Projected Construction Costs: -14- Quantity Unit Unit Cost Extended Cost Asphalt Removal 1730 mz $7.00 $12,110.00 Curb Removal 265 lm $10.00 $2,650.00 Colour Asphalt Coat 100 mZ $15.00 $1,500.00 Asphalt Paving 140 mZ $28.00 $3,920.00 Curb Et Gutter 27 lm $65.00 $1,755.00 Concrete Sidewalk Et Slabs 100 mZ $55.00 $5,500.00 Reinforced Concrete Slab 150m m 1,750 mz $130.00 $227,500.00 Reinforced Concrete Tricks 75 m' $200.00 $15,000.00 Concrete Finishing, Curing, Sealer Et Joints 1,750 mZ $20.00 $35,000.00 Poured -in -place Concrete Walls 47 mZ $200.00 $9,400.00 Poured -in -place Concrete Frost Walls 62 mZ $212.00 $13,144.00 Poured -in -place Wall Footings 52 lm $140.00 $7,280.00 Stairs Inc. Railings 13 mZ $175.00 $2,275.00 Barrier Railing 21.5 lm $130.00 $2,795.00 Handrail 113 lm $80.00 $9,040.00 Trick Rails 16 lm $150.00 $2,400.00 Round Grind Rail 83 lm $150.00 $12,450.00 Square Metal Coping Grinders 110 lm $150.00 $16,500.00 Lights (4 flood Et 1 HP Fixture) Et Elec. 1 Lump $20,000.00 $20,000.00 Type I Fill - Crushed Rock 300 m' $24.00 $7,200.00 Type 2 Fill - Pit Run Gravel 4000 m' $9.00 $36,000.00 Compaction 2500 mZ $2.00 $5,000.00 Benches w/ Back and Bases 1 Each $1,500.00 $1,500.00 Bike Rack 1 Each $1,000.00 $1,000.00 Trash Cans 2 Each $1,600.00 $3,200.00 Drain Tile 320 lm $35.00 $11,200.00 Storm Sewer 100mm dia 46 lm $100.00 $4,600.00 Drain inlets 5 Each $1,200.00 $6,000.00 Manhole Cover 1 Each $300.00 $300.00 Drainage Structure Adjustment 6 Each $500.00 $3,000.00 Precast Retaining Walls 70.5 mZ $225.00 $15,862.50 High Fence 8' 90 lm $75.00 $6,750.00 Short Fence 5' 80 lm $50.00 $4,000.00 Fence Gate 1 Each $400.00 $400.00 Fence Post Anchors 58 Each $16.00 $928.00 Drinking Fountain Et Water Line Connection 1 Each $3,500.00 $3,500.00 Bleachers 2 Each $2,500.00 $5,000.00 Site Grading 2500 mZ $1.50 $3,750.00 Rigid Insulation (2'x8') 2 layers @ 1" 1250 mz $20.00 $25,000.00 Trueboard Insulation (4'x8'x33 ") 164 Block $285.00 $46,740.00 Topsoil 31 m3 $18.00 $558.00 Planting Soil 50 m3 $25.00 $1,250.00 Mulch 6.5 m3 $15.00 $97.50 Microbiota 16 Each $30.00 $480.00 Roses 26 Each $25.00 $650.00 Sod 206 mZ $5.00 $1,030.00 Signage 2 Each $400.00 $800.00 Entry Sign (Jersey Barrier) 1 Each $1,750.00 $1,750.00 Video Cameras 2 Each $2,250.00 $4,500.00 Time Capsule 1 Each $1,000.00 $1,000.00 Subtotal $588,505.00 Contingency 10% $58,850.50 Contractor Ad min 8% $47,080.40 Construction Total $647,355.50 15% HST $97,103.33 GRAND TOTAL $744,458.83 -14- 6.0 Resources Et Additional Information: http: / / hfxskatepark. orp,/ d / ?q= node /view/ 156 http://www.ca- sa.ca/ resource. php?PHPSESSID=b99a8631 aa7329e718352e34f8adc http://www.skatersforpublicskateparks.orp / www. hfxskatepark. ora, www.stjohns.ca /cityservices/ recreation /skateboarding /index.jsG http: / /www. moncton. orp www.tonyhawkfoundation.ora, www.info - skate.com www. skated ai IV. net www.skateboardino,.com www.californiaconnected.ora, www.thashermap_azine.com www.skatepark.orp http: / /www.stuff. co. nz / stuff/ 0,2106,3669072a7694, 00. html http://www.mountaintimes.com/mtweek[V/2006/0525/skatepark.php3 http: / /www.sthelenastar.com /articles /2006/05/18 /features/communitV/iq_34 35734.txt http://www.g ,anderbeacon.ca/index.cfm?iid=1406Etsid=10321 http://www.tourismsaskatoon.com/skatepark/ - 15 - Application for a Zoning By-law Amendment Demande de modification h 1 arrW sur le zonage Applicant Related Information / Renserrignemenits sur le demandgur �� U� Oi��S , l� Name of Applicant! Nam du demandeur� Mailing Address of applicant / Addre postale du demandeul ss 1 —1 n /2 Postal Code / Code postal Telephone Number / Num6ro de t616phone 3 O v -7 y� iJs {� ' Work /Travail 6 Home / Domicile 7 3 Fax Number / Num6ro de t616copieur s Name of Property Owner (if different) / Nom du propri6taire (si different) Postal Code / Code postal _---- Address / Adresse Property Information / Renseignements sur la `` pro /priet rrll,e Gt� /dc.� &7C A01 piD NIP Location / Emplacement (I,—) Street / Rue Civic # / No de voirie I a //r �` D^ L u^ Z / P 5— street Frontage / Facade sur rue Lot Area / superficie du lot 1 1 IO ri6t6 1 /CCn/ !CA Existing Use of Property / Utilisation actuelle de lap p Jt/ , Municipal Plan land Use Designation municipal _ Designation de utilization des terres sur le plan Amendment Requested / Modification dem'nd6 Present Zoning / Zonage actuel -� Qoe� Change Zoning to / Modification du zorrage d and/or / ou ❑ Text Amendment (indicate particulars) / modification due texte (indiquez jes d6 t �� r a I . c_ci IG1C 7i ✓ d�r`cr^ Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition 1 / v, a'l e 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 ofthe property; the location of all buildings, driveways, parking areas, landscaping and signs. It is Important that the distance between the property boundary and buildings are shown. ✓r' ex, Yous devezfournir un plan du site d Pichelle illusrrant votre proposition. Yous pouvez igalement fournir des pholographies, desplans de batiment, des dessins de plan d'4l6vation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriiti, 1'emplacement de la totaliti des batiments, des allies, des arees de stationnement, des amenogements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriiti et les batiments. Provide reasons why these amendments should be approved. / Foumir tout autre renseignement concemant votre proposition qui pourrait titre approuvdes. /e Gt/v4i 4;ejhv^ %,U(Ajv o'er /i A Ifoed N De 6L C V "r, oAC9 /. Eve v d ��•// AP ttJoo r / 1a ,'l / 7�e i��— I Okli\ nc -` ,/ d, fie. 4tAc -tLl W lk, vk✓mwC�i� �,,,d /,'mih lubre deP)elu,C/ine� t� Provide a4 o3&r information `about your proposal that would be helpful. / Fournir tout autre renseignement conceruant votre proposition qui pourrait titre utile. I L / / l /fF �`G✓IjC% i�1 �UN ^C OICtPS /jy/ Gt, /I ✓/1 P7 /.-1 a71� ®f/ /�t'r &AA LJo/l ,ISPV- llu(j, x*,) CPo1��G once- N fuc, l is !4'+.ST/rCTP(�1 y+� ) Ilit'vl tl �/P� Signature of Applicant / Signature du demandeur $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'ites pas le propriitaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propriitaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du propriitaire outorisant le for consideration by Common Council. traitement de la prisente demande pour que cette derniire soft examinie par le conseil communal. Signature of Owner (if applicable) Signature due propritaire (s'il y a lieu) Date: 0 Pyn 2296 _ n. / 1 1 ..lti Plan Mo. IM7067 \ 03 -ot s �6" Ooc. 429.595 Vd. 2000 p% I52 • • /, Timothy Kerr Property r �'• r61 i'r51 Cl p as 's o° Pis Ok flf fHll ° ,o •�� O� \yes � °o a. i �`ts -$� c.:.� l aS 0 a G .43 ,, H 1 e•� Fl F•..J I(V y / 61+73 \ O \ ,,•r` y,t \ ego \01.6 Lc fi 5 3 LtrU J % Lh t, / a,.F2 { - rr 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 mq SJTJ Independent Placement ad SJTJ Classifieds Date(s): Tuesday, May 9, 2006 Tuesday, May 30, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Call to Action: IN Contact: Public Notice I Telephone: (506) 658 -2862 Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 PROPOSED ZONING BY -LAW AND SECTION 39 AMENDMENTS RE: 2075 LOCH LOMOND 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, as well as intends to consider a proposal, at its regular meeting to be held on Monday, June 5, 2006 at 7:00 p.m., by: 1. Rezoning a parcel of land with an area of approximately 4292 square metres, located immediately adjacent to 2075 Loch Lomond Road, also identified as being a portion of PID No. 00325209, from "RS -1" One and Two Family Suburban Residential to 1113-2" General Business, as illustrated below. 2. Amending the Section 39 conditions imposed on the July 7, 2003 rezoning of the property located at 2075 Loch Lomond Road, also identified as PID No. 55164230, to permit a revised proposal. (INSERT MAP) REASON FOR CHANGE: To allow for a second access to the existing commercial business at 2075 Loch Lomond Road (Lakewood Guardian Pharmacy), and to amend the conditions of approval to allow for other commercial uses permitted by the `B -2" zone, as well as for an addition to the existing building. 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. PROJETS DE MODIFICATION DE L'ARRETE SUR LE ZONAGE ET DE MODIFICATION DE L'ARTICLE 39 OBJET: 2075, CHEMIN LOCH LOMOND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra le lundi 5 juin 2006 a 19 h, en apportant les modifications suivantes : 1. Modification du zonage d'une parcelle de terrain directement attenante an 2075, chemin Loch Lomond, dune superficie d'environ 4292 metres canes et portant le NID 00325209, pour la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -1 » a zone commerciale generale a B -2 », comme le montre la carte ci- dessous. 2. Modification des conditions imposees en vertu de Particle 39, le 7juillet 2003 relativement au rezonage de la propriete situee au 2075, chemin Loch Lomond et portant le NID 55164230 pour permettre la presentation d'une proposition revisee. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour permettre une deuxieme voie d'acc6s a la pharmacie existante Lakewood Guardian Pharmacy situee au 2075, chemin Loch Lomond et de modifier les conditions d'approbation pour permettre d'autres usages commerciaux permis dans la zone « B -2 a en plus de permettre une rallonge a 1'edifice existant. Toute personne interessee peat examiner la modification proposee au bureau du greffier communal ou an bureau de I'urbanisme et du developpement a Ph6tel de ville situe au 15, Market Square, a Saint John, an Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries. Veuillez faire part de vos objections an projet de modification par ecrit a I'attention du soussigne a l'h6tel de ville. 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 rezoning a parcel of land with an area of approximately 4292 square metres, located immediately adjacent to 2075 Loch Lomond Road, also identified as being a portion of PID No. 00325209, from ' °RS -1" One and Two Family Suburban Residential to "B -2" General Business classification. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE N° C.P. 110 - 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 decr6t6 cc qui suit : L'arr@te' sur le zonage de The City of Saint John, d6cr6te le dix -neuf (19) d6cembre 2005, est modii6 par: 1 La modification de Pannexe sA », Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain directement attenante an 2075, chemin Loch Lomond, d'une superficie d'environ 4292 metres carrels et portant le NID 00325209, pour la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales u RS -I u a zone commerciale generale a B- 2 ». - toutes les modifications sont indiqu6es 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 arret6 le 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxicme lecture Third Reading - Troisieme lecture Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution on de Pentente relative a Particle 39 Applicant Related Information / Renseignements sur le demandeur // Name of Applicant / Nom du demandeur _ �/� i (( 4 Jo ::� Mailing Address of Applicant / Adresse postale du demandeur i r(L.o(/n4t. yc/ `� &L), S.a6.,rj S Ng Postal Code /Code postal �� 7 J ` /6 Telephone Number / Numdro de tdldphone Home /Domicile 647 ;U2 / �1 Work /travail p / J 7/ / —} y Fax Number / Numdro de tdldcopieur 9 7 / 7�2 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Postal Code / Code postal Existing Resolution / Resolution actuelle Date of Resolution to be Amended / //Date de la rdsolution A modifier Location / Emplacement Z / s L ac � �vlv�v{ p, t ��.�7 Civic No. / No de voirie Street / Rue r1D / NIP Applicant's Interest in Property / Intdre^t de demandeurs dan la propridtd What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier on plan ou yn dessin entidrement cotd illustrant votre proposition. (Ddcrire la proposition en ddtail) �Y A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci -joint des frais de 300 $ sous forme de chdque ou de mandat -poste libelld A I'ordre de The City of Saint John. Signature of Applicant / Signature du Signature of the owner must be included. / Lasignature due propridtaire doit dtre incluse. Signature of Owner (if applicable) / signature du propridtaire (s'il y a I' I / Dateli Lakewood Guardian 2075 Loch Lomond Rd Saint John NB E2N IAl 6937979 April 2, 2006 Planning and Development, City of Saint John P.O. Box 1971 Saint John NB E2L 4L1 To Whom It May Concern: In June 2003, an application was submitted to Planning and Development to rezone a parcel of land on Loch Lomond Rd from "RS -1 ", One and Two Family Suburban Residential to `B -2 ", General Business. Saint John Common Council members approved recommendations from Planning and Development and the Planning Advisory Committee in June 2003. The result was the creation of a Neighborhood Center designation and the construction of Lakewood Guardian Pharmacy. Originally, the proposed development consisted of a Pharmacy and Health related businesses. While we have been actively pursuing a local Physician, it has become apparent that the original proposal and conditions relating strictly to Health related businesses is hindering our ability to lease existing vacant office space and foster future business development. We respectfully request that the current restrictions imposed on the property be amended: to allow for business development in accordance with the `B -2" General Business guidelines set out in the zoning bylaw of the City of Saint John. This change will allow for the continued development of the property within the scope of a Neighborhood Center. As stated in the conclusion of the Planning and Development Staff Report dated June 13, 2003, "...further commercial development would be expected to occur within the proposed Neighborhood Center..." It is our initial intention to expand the existing building by an amount which complies with current regulations. If approved, we also intend to erect an esthetically pleasing wooden fence along the eastern side of the property which borders an existing home. In addition to this amendment, an application for rezoning the adjacent property to the west was recently submitted to allow for the construction of an additional entrance /exit to the pharmacy. This will allow a second access to the Pharmacy from Loch Lomond Rd and decrease traffic congestion which occurs with only one entrance. Lakewood Guardian Pharmacy has become a true partner in the community and its owners would like to develop the property to meet the expanding needs of the area. Thanks in advance for your time in this matter. Regards, Sean Luck, President Lakewood Guardian Pharmacy Sr N•61 A� O p gq hp C% 0 b 6:.+9 -52 \ V1 O 61.19 i1.9t 61 -62' $41 e2 6'• t, f slow l S %O i ° H F, \ems' M e "L 61+71 8 1A J O el•as \ \ `.Oq a* 1 6;rf1 `'• �. a 1D61 �O ^lJ �O s DATE: MAY 26, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 30, 2006 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: 607528 N.B. Ltd. (Sean Luck) and Eire Holdings Ltd. (Dennis and Judianne Luck) Name of Owner: 607528 N.B. Ltd. (Sean Luck) and Eire Holdings Ltd. (Dennis and Judianne Luck) Location: 2075 Loch Lomond Road PID: 55164230 and 00325209 (portion thereof) Municipal Plan: Neighbourhood Centre Zoning: Existing: "RS -1" One and Two Family Suburban Residential and `B -2" General Business Proposed: `B -2" General Business Proposal: To allow for future expansion of an existing commercial development, and to develop a secondary commercial driveway. Type of Application: Section 39 Amendment and Rezoning Sean, Dennis and Judianne Luck Page 2 2075 Loch Lomond Road May 26, 2006 JURISDICTION OF COMMITTEE: Common Council has also requested the views of the Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, June 5, 2006. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, June 5, 2006. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the July 7, 2003 rezoning of the property located at 2075 Loch Lomond Road, also identified as PID No. 55164230, by replacing the existing conditions with the following: (a) That the property only be developed with one - storey buildings and limited to the following uses: business office, church, community centre, dwelling unit, funeral home, park, personal service shop, repair service shop, retail store, school, health club, or a group care facility; (b) That no building or structure (except for fencing) be situated within 6 metres of the eastern side property boundary of the property; (c) That a board -on -board fence with a minimum height of 2.4 metres be constructed by the proponent along the common property boundary with 2109 Loch Lomond Road (PID No. 55027973), and that such fence be constructed 8.5 metres back from Loch Lomond Road to the rear of the existing commercial building, a distance of approximately 57 metres, and that such fencing must be completed prior to the issuance of a building permit for the development of the proposed future office building; (d) That exterior lighting not operate after 10:00 p.m. daily, and that such lighting be designed in a manner that does not direct light onto adjacent residential properties; (e) That the development be in accordance with one or more detailed site plans approved by the Development Officer illustrating asphalt parking areas and driveways; Sean, Dennis and Judianne Luck 2075 Loch Lomond Road Page 3 May 26, 2006 (f) That site be developed in accordance with one or more detailed drainage plans, subject to the approval of the Chief City Engineer, including the installation of any necessary catch basins; (g) All disturbed areas of the development site not occupied by buildings, parking areas and driveways be landscaped within six (6) months from the issuance of a building permit for any phase of the commercial development; and the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 2. That Common Council rezone a parcel of land with an area of approximately 900 square metres, located immediately adjacent to 2075 Loch Lomond Road, also identified as being the front portion of PID No. 00325209, from "RS -1 " One and Two Family Suburban Residential to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land located immediately adjacent to 2075 Loch Lomond Road, also identified as being the front portion of PID No. 00325209, be limited to the following: (a) This area only be developed with a paved driveway access for the adjoining commercial development at 2075 Loch Lomond Road, also identified as being PID No. 55164230, and that no buildings or structures (except for fencing) be permitted within this area; and (b) That a board -on -board fence with a minimum height of 2.4 metres be constructed by the proponent along the common property boundary with 2051 Loch Lomond Road (PID No. 00331041), and that such fence be constructed 8.5 metres back from Loch Lomond Road to the front of the existing commercial building, a distance of approximately 35 metres, and that such fencing must be completed prior to the development of the proposed commercial driveway; and that the land and any structure thereon must be developed and used in conformity with the proposal and condition identified herein. BACKGROUND: On June 17, 2003 the Planning Advisory Committee considered an application by Dennis and Judianne Luck (Eire Holdings Ltd.) to redesignate subject property (2075 Loch Lomond Road) from Low Density Residential to Neighbourhood Centre Commercial and to concurrently rezone the same from "RS-1 "One and Two Family Suburban Residential to `B -2" General Sean, Dennis and Judianne Luck 2075 Loch Lomond Road Page 4 May 26, 2006 Business. The reason for this request was to construct a commercial building containing a pharmacy and office space for another health - related business. After considering the matter, the Committee resolved to recommend the redesignation and rezoning of the property for the proposed development of a 976 - square metre one - storey commercial building with the following Section 39 conditions: (a) The commercial development be limited to the proposed building containing a pharmacy and health - related business offices; (b) The development be in accordance with a detailed site plan approved by the Development Officer illustrating an asphalt parking area and driveways; (c) The development be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer, including the installation of any necessary catch basins; and (d) All areas of the development site not occupied by the proposed building, parking area and driveways be landscaped within six (6) months from the issuance of a building permit for the proposed commercial development. On July 7, 2003 Common Council gave third reading to the requested Plan amendment and rezoning. However, due to an error the Plan amendment was not registered within the time limits of the Community Planning Act. Therefore, the Committee recommended the amendment again on April 6, 2004. At that same time the PAC also favourably considered a variance to permit an existing 12- square metre (129- square foot) freestanding sign to remain on the property. A condition was imposed that required two existing mobile signs be removed by no later than April 30, 2004, and that no further mobile signs be placed on the property. A mobile sign for a florist business on the property was situated near the road at the time of a recent visit to the site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this application, provided the proposed new entrance does not prohibit the eventual development of a public street in order to provide access to the remainder of the undeveloped lands. Building and Technical Services has no concerns with regards to this development. ANALYSIS: In June 2003 an application was made by Eire Holdings Ltd. (Dennis and Judianne Luck) to redesignate and rezone a 1.8- hectare (4.5 -acre) undeveloped property on Loch Lomond Road Sean, Dennis and Judianne Luck Page 5 2075 Loch Lomond Road May 26, 2006 (see attachments). There were a number of Section 39 conditions imposed (see Background section of this report). The proponent, Sean Luck (pharmacist and son of Dennis and Judianne Luck), proposed to construct a commercial building for a new pharmacy and intended to include a health - related business in the building. The Section 39 conditions limited the use of the property to the applicant's proposal. Since that time a building has been constructed with a paved parking area facing Loch Lomond Road. A pharmacy store (Lakewood Guardian Pharmacy) occupies the majority of the building, but failing to attract a health - related business for the office space, a small florist shop (Galbraith Florists) was allowed by the landowner to open in the originally proposed office space. Revised Proposal Given the difficulty to attract other health - related businesses, and the proponent's desire to eventually expand the existing commercial development, the proponent (Sean Luck) is seeking permission to expand the permitted uses to those normally allowed under the `B -2" General Business zone (see attachments). The applicant is also wishing to improve the circulation of the parking area be including another driveway onto Loch Lomond Road. However, instead of developing a second access on the subject property at 2075 Loch Lomond Road, permission is being sought to construct the commercial driveway over the adjoining property owned by Eire Holdings Ltd (parents of the proponent). In order to allow for this commercial access the property must be rezoned from "RS -1 "One and Two Family Suburban Residential to `B -2" General Business. Section 39 Amendment When the subject property was originally considered for redesignation and rezoning, it was recognized that this new Neighbourhood Centre could be further developed, subject to necessary approvals by N.B. Department of Health and Environment (this area is unserviced), as the Municipal Plan supports such commercial nodes with up to approximately 5000 square metres (53,821 square feet) of floor space. The existing building is only 975 square metres (10,500 square feet), and the proposed future building is only 372 square metres (4,000 square feet). However, given the lack of information, and the proximity of surrounding residential properties, it was recommended that the property be limited to the applicant's specific proposal at that time. While the request to expand the permitted uses for this Neighbourhood Centre is generally supported by the Municipal Plan, without detailed plans it is difficult to ascertain what, if any, impacts there could be on the surrounding neighbourhood for all the `13-2" land uses. Sean, Dennis and Judianne Luck Page 6 2075 Loch Lomond Road May 26, 2006 Therefore, after discussing this matter with the applicant, the following uses can be recommended as they are deemed appropriate for this specific location: business office, church, community centre, dwelling unit, funeral home, park, personal service shop, repair service shop, retail store, school, health club, or a group care facility. There have been a number of other uses that have been excluded (see attached `B -2 " General Business zone). It should be mentioned at this time that the applicant may wish to eventually consider the establishment of a restaurant, provided approval is granted by N.B. Department of Health and Environment, and would submit a further application (Section 39 Amendment) with detailed plans of such a proposal. Depending on the nature, scale, and design of such a restaurant this may be appropriate. The applicant also intends to eventually construct another building adjacent to the existing pharmacy building along Loch Lomond Road (see attachments). The applicant has suggested that this office building would be approximately 372 square metres (4,000 square feet). The "B -2" General Business zone only requires a minimum side yard of 3 metres (10 feet). It is recommended that a minimum 6 -metre (20 -foot) buffer be provided along the entire eastern side property prohibiting the construction of any buildings, structures or parking areas. Furthermore, it is recommended that a 2.4 -metre (8 -foot) high board -on -board fence be constructed along the eastern common property boundary. These conditions would address any impact that the future proposed building may have to the immediately adjoining residential property at 2109 Loch Lomond Road. Consistent with the previous Section 39 conditions site and drainage plan approval are also being recommended for future phases of this commercial development, as well as the regulation of additional exterior lighting. New Commercial Driveway The existing commercial project was developed with only one two -way driveway for the parking area. The Zoning By -law would allow for the construction of another two -way access for the property, provided the centerline of these driveways were separated at least 20 metres (66 feet) and the new driveway was at least 1.5 metres (5 feet) from the common property line. Based on air photography a secondary access could be developed in this manner. However, as mentioned the proponent would prefer to develop the driveway over the adjoining parcel of land owned by his parents in order to avoid losing any parking spaces. He also believes the greater separation would be beneficial to traffic circulation. The area where the driveway would be situated was graded when the property was prepared for the development. The pharmacy building was also situated closer to the western property line than originally proposed in order to accommodate for the construction of another building along Loch Lomond Road. Sean, Dennis and Judianne Luck Page 7 2075 Loch Lomond Road May 26, 2006 The applicants (Eire Holdings Ltd.) have requested to rezone the entire 20 -metre (66 -foot) portion of their 49- hectare (121 -acre) property from "RS -1 " One and Two Family Suburban Residential to `B -2" General Business. While this would be consistent with the adjoining commercial property, only a depth of 45 metres (148 feet) is necessary to facilitate the construction of the driveway. This would rezone the adjoining parcel up to the front edge of the existing building. It would also avoid the existing bog area and watercourse situated along the property further north. It is the intention of the landowner (Eire Holdings Ltd.) to eventually carryout a residential subdivision development, and vest the 20 -metre (66 -foot) portion of the property as a public street. In order to allow an unserviced rural residential subdivision, the property would have to be rezoned to "RR " One Family Rural Residential, provided N.B. Departments of Health and Environment are supportive. At that time the commercial access would become part of this public road and the `B -2" zoning no longer apply (i.e., public rights -of -way are not zoned only parcels of land). The request for rezoning in order to construct a secondary access could be denied, and the proponent required to consider developing the secondary driveway on his own commercial property. However, provided the development of this driveway does not adversely affect the immediately adjacent residential property at 2051 Loch Lomond Road, the placement of the driveway over the adjoining land can be supported. Conditions have been recommended that no buildings or structures be situated within the 20 -metre (66 -foot) portion of the property, and that a suitable fence be constructed along the commercial driveway in order to minimize any impact that traffic could have onto this immediately adjacent residential property. Similar to the fencing recommended along the eastern property boundary of the property (2075 Loch Lomond Road), a 2.4 -metre (8 -foot high) board -on -board fence is also recommended. This fence would also not extend to Loch Lomond Road, but end 8.5 metres (28 feet) prior to the street right -of -way. This fence may need to be changed or even removed when a public road is constructed. CONCLUSION: The proponent is seeking permission to expand the permitted uses allowed for the commercial property at 2075 Loch Lomond Road. While the request is generally supported by the Municipal Plan for this Neighbourhood Centre, not all `B -2" General Business uses are considered appropriate for this particular location. A number of uses have been recommended that could be developed without adversely affecting the surrounding neighbourhood. Further Section 39 conditions are also proposed that would provide greater assurance that the emerging commercial development does not negatively impact adjoining properties. Sean, Dennis and Judianne Luck 2075 Loch Lomond Road Page 8 May 26, 2006 The request for a secondary driveway access over an adjacent property can be supported. Only the necessary rezoning has been recommended with conditions to ensure this driveway does not adversely affect the immediately adjacent residential property. MRO Project No. 06 -123 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT RS -1 IL- 1 RS Subject Site /site en question: Location: 2075 ch. Loch Lomond Rd. Date: April /avril 24, 2006 Scale /6chelle: Not to scale /Pas 6 1'6chelle RS -1 M PID(s) /NIP(s): 55164230 00325209 (portion thereof / partie du) I i Pion 27M 1 ' °o a f i 03-01 s �` ens ,� � : •� • 4 V ..- -. L (� CSC' Dec. 425 VW. 1000 pp, ar _ • v�/ Timothy Kerr Property r C� VIP .4 IN �. O J� � �� V � n� 61•le � PC 0 LI•Id •O �/ •�L�r 0,I \CC5 Of 0 C, Itp i• -17 U 0 9� ' H\ � (:rlp / \„sl• la il.ar (t- !'•1i&7 N en \ e1. F1 1; +7) H r ec� Jpl� 0d. / r � n r �•y a LI' r POP O✓'�4 456''('1 \H' H F - - rr F!•FS / PIP� 4 L:.fi e1 a /11•N �� V X620 GENERAL BUSINESS B -2 (1) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (a) the following uses: bank or financial institution; business office; church; community centre; dwelling unit; electric substation or telephone exchange; funeral home; hotel; institutional residence; institution of an educational, governmental or philanthropic nature; public museum, library, park or playground; personal service shop; repair service shop; subject to subsection (2)(h), a redemption centre; restaurant; retail store; school; subject to subsection (2)(a), a beverage room, club or lounge; (b) the following uses subject to such terms and conditions as maybe imposed by the Committee: subject to subsection (2)(b), an amusement place, including a theatre, a concert hall, a billiard parlour, athletic or health club; subject to subsection (2)(c), a group care facility; 69 520 B -2 ZONE (1) (b) - gasoline bar; parking area; cablevision facility; subject to subsection (2)(d), a car sales lot or a mobile home or travel trailer sales lot; subject to subsection (2)(e), a motel; a private club; a fraternity or lodge without a license under the New Brunswick Liquor Control Act; a rooming house; an efficiency apartment; subject to subsection (2)(0, a repair garage or service station, a car wash and /or truck wash; a second -hand store; a drive -in or take -out restaurant; a shop of less than 186 square metres for manufacturing of bakery, candy, jam, ice -cream or confectionery goods; dyeing and cleaning works; a laundry; printing establishment or the manufacture or treatment of such products incidental to a retail business conducted on the premises; subject to subsection (2)(g), an office or parking area for a taxi business; (c) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions of Use (a) a beverage room, club or lounge, other than such a use located within a hotel, motel or on a property affected by a resolution of Common Council pursuant to Section 39 of the Community Planning Act, may not be located: (i) within 150 metres measured along the street on which the lot fronts of a church, school or "R" Zone, or within a radius of 90 metres thereof in any other direction; within 300 metres of another beverage room, club or lounge on the same street or within a radius of 180 metres thereof in any other direction; and (iii) in a building also used for dwelling purposes other than one dwelling unit for a caretaker, watchman, owner or operator of the beverage room, club or lounge. (iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5 -19 Golden Grove Road (NBGIC Numbers 305631, 4152730 299909, 2997196 298810, 298776 and 299925). FP7 520 134 ZONE (2) (a) (v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228). (b) an amusement place may not be located within 90 metres measured along the street on which the lot fronts of a church, school, or community centre, or within a radius of 30 metres thereof in any other direction. (c) a group care facility may not be located (i) adjacent to an "R" Zone on the street on which it fronts; (ii) within a 300 metre radius from any other group care facility; (iii) notwithstanding sub - clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC numbers 39941, 37713, 37721, 38430 and 55088900); (d) (i) a car sales lot or a mobile home or travel trailer sales lot shall only be located on provincial highway. (ii) notwithstanding sub - clause (i), a car sales lot may be located at 85, 87, 89 Russell Street. (iii) notwithstanding sub - clause (i), a car sales lot may be located at 170 Charlotte Street (NBGIC number 5140); (e) (i) a motel, private club, fraternity or lodge without a license under the New Brunswick Liquor Control Act, a rooming house or an efficiency apartment may not be located on a lot abutting an "R -1A ", "R -1 B" or "R -2" Zone. (ii) notwithstanding sub - clause (i), a motel may be located at 1309 and 1315 Manawagonish Road. (ii) notwithstanding sub - clause (i), a motel may be located at 1121 Manawagonish Road. (f) a repair garage or service station shall have (i) a minimum lot area of 930 square metres and a minimum lot width of 30 metres; (ii) an entrance or exit for motor vehicles not closer than 30 metres from an entrance or exit to a firehall, public or private school, playground, theatre, church, hospital, institutional residence or other similar institution; (iii) no portion of the building used for a dwelling unit; (iv) no fuel pump island located closer than 6 metres to a street line. (g) (i) an office or parking area for a taxi business may not be located on a lot which is adjacent to an "R" Zone on the street which the lot fronts. 71 520 B -2 ZONE (2) (g) (ii) notwithstanding (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140, (h) a redemption centre shall: (i) be registered as a redemption centre pursuant to the Beverage Containers Act and comply with all regulations thereunder; be wholly contained within a building and not have any outdoor storage associated with the use. (iii) notwithstanding sub - clause (i), a redemption centre may be located at 327 Charlotte Street. (3) Zone Standards (a) Minimum lot area .. ............................... ............................370 square metres for a gasoline bar ..................... ............................930 square metres When a dwelling unit is contained in the building, the minimums above shall be increased as per standards in Section 310(3)(a). (b) Minimum lot width gasoline bar........... .............................30 metres other.................................... .............................12 metres (c) Minimum front yard gasolinebar .............................. ............................7.5 metres other.................... I'll ..... . ..... .. . ... I.......................... Nil (d) Minimum side yard (i) if the side lot line adjoins an "R" Zone ......................3 metres (ii) if the building includes one or more dwelling units or contains a gasoline bar... .......................... I ........... the greater of: 10 per cent of the lot width to a maximum of 3 metres; or 1.5 metres; (iii) if the building does not include a dwelling unit.. ....... 1.11 ...... is ............. ...... Nil (e) Minimum rear yard interiorlot .................................. ............................7,5 metres corner lot ................................... ............................4.5 metres 72 520 B -2 ZONE (3) (f) Minimum ground floor area for a one - family dwelling: single- storey ............................. .............................89 square metres split- level ................................... .............................71 square metres 1'/2, 2 or 3- storey ....................... .............................62 square metres (g) Minimum gross floor area for a dwelling unit in a multiple dwelling: for a 3- bedroom unit .................. .............................69 square metres plus 9.2 square metres for each bedroom in excess of 3 for a 2- bedroom unit .................. .............................60 square metres for a 1- bedroom unit .................. .............................41 square metres for a bachelor apartment ........... .............................32 square metres of for an efficiency unit .................. .............................21 square metres for a room in a rooming house .. .............................11 square metres (h) Maximum height ..................................... ..............................3 storeys or 14 metres (i) Maximum lot occupancy.,., .... I .......... I'll, ............................... 1 60% 73 r ( m due Jatiw� D� O � 1 u of 41? " "u� 1� Nelson and Theresa Walsh 2109 Loch Lomond Rd Saint John NB E2NIAI To: Planning Advisory Committee In response to proposed rezoning and section 39 Amendment of Lakewood Guardian Pharmacy at 2075 Loch Lomond Rd we would like to state that we (Nelson and Theresa Walsh) are 100% against this proposal. We were in agreement to the original proposal which stated the road would be constructed on the west side of the building. We were convinced by the owners that this new building would compliment the look of our home. In the original proposal it shows that any addition would be to the existing building and now are being told that it will be a separate building coming 10 ft from our property line. This creates problems in the following way for us: I . This building will depreciate the look and value of our property. 2. In the spring we have a flooding problem where this proposed building would be placed, what will be done about this water problem? 3. A construction fence does not appeal to me and again will depreciate the value of our home. 4. We are not happy about the placement of the existing septic tank. It comes within 100 ft of our well. This would mean even more sewerage on the side of our well. 5. More invasion of privacy from the coming and going of customers both day and night. I would like to close by saying that the owner should be bound to original proposal and no amendments permitted. They need to stick to the original proposal with the road being on the west end of the pharmacy and any new building should facing this road. Attached is a copy of the original site plan proposed for Guardian Drugs. Application for a Zoning By -law Amendment Demande de modification i 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Hughes Surveys & Consultants Inc. Mailing Address of Applicant / Adresse postale du demandeur 162 Charlotte Street Saint John NB Postal Code / Code postal: E2L 2J7 Telephone Number / Numero de tdldphone Home / Domicile Work / Travail 634 -1717 Fax Number / Numdro de tdldcopieur: 634 -0759 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) W& S Holdings Ltd Address / Adresse100 Stinson Drive Postal Code / Code postal E2M 7E2 Property Information / Renseignements sur la propriete Location / Emplacement McCavour Drive 55018048 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 827 mZ Street Frontage / Fagade sur rue 18.29 in Existing Use of Property / Utilisation actuelle de la propri&6 Commercial Storage Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel OChange Zoning to / Modification du zonage a TH and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les d6tails) spa ... fit.. '1l.11.0 t tot 4 8 r ~� x a� u � o � %j> r r S L b S` o• a. + # r +{ O b N m i � 4r 4 7 O b by \ I lei Is e oil D �jP '� a #fl� tog :iglf'.1 till res / h ti'• •J +0 • Oi' ti ti A /t O \ i r N411h I fill 11511,11,01 .I � IlllIIII�.s w � i i ro• i i City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad vu SJTJ Independent Placement "SJTJ Classifieds Date(s): Tuesday, May 9, 2006 Tuesday, May 30, 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: IN Public Notice J. Patrick Woods, Common Clerk/Greffier communal Contact: Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 1032 McCAVOUR DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, June 5, 2006 at 7:00 p.m., by: Rezoning a parcel of land located at 1032 McCavour Drive, having an area of approximately 827 square metres, also identified as being PID No. 55018048, from "R -IA" One Family Residential to 11TH" Townhouse, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the lot to be included in a proposed townhouse development for the adjoining lands. 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: 1032, PROMENADE McCAVOUR 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 lundi 5 juin 2006 a 19 h, en apportant la modification suivante : le rezonage d'une parcelle de terrain situee an 1032, promenade McCavour, d'une superficie approximative de 827 metres canes et portant le NID 55018048, afin de la faire passer de zone residentielle — habitations unifamiliales a R -1A » a zone de maisons en rangee a TH », comme it est indiqu6 ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour permettre que le lot soit inclus dans on lotissement de maisons,en rangee propose sur les terrains attenants. Toute personne interessee pent examiner la modification proposee au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a I'h6tel 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 an projet de modification par ecrit a 1'attention du soussigne a I'h6tel de ville. J. Patrick Woods, greffier communal, 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 1032 McCAVOUR DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, June 5, 2006 at 7:00 p.m., by: Rezoning a parcel of land located at 1032 McCavour Drive, having an area of approximately 827 square metres, also identified as being PID No. 55018048, from "R -Lk" One Family Residential to "TH" Townhouse. (INSERT MAP) REASON FOR CHANGE: To permit the lot to be included in a proposed townhouse development for the adjoining lands. 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: 1032, PROMENADE McCAVOUR Par les presentes, on avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 5 join 2006 a 19 h, en apportant la modification suivante : le rezonage d'une parcelle de terrain situ6e au 1032, promenade McCavour, d'une superficie approximative de 827 metres carres et portant le NID 55018048, afin de la faire passer de zone residentielle — habitations unifamiliales « R -lA >> a zone de maisons en rangee a TH >>, comme it est indique ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour permettre que le lot soft inclus dans on lotissement de maisons en rangee propose sur les terrains attenants. Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou an 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 located at 1032 McCavour Drive, having an area of approximately 827 square metres, also identified as being PID No. 55018048, from "R -IA" One Family Residential to "TH" Townhouse 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 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'arr8te sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par : 1 La modification de 1'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situee an 1032, promenade McCavour, d'une superficie approximative de 827 metres carres, et portant le NID 55018048, de zone residentielle — habitations unifamiliales <(R-IA)) A zone de maisons en rangee a TH v. - toutes les modifications sont indiquees sur le plan ci j oint et font partie du present arrate. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture DATE: MAY 26, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 30, 2006 SUBJECT: Name of Applicant: Name of Owner: Mark O'Hearn Planning Officer Hughes Surveys and Consultants Inc. W & S Holdings Ltd. Location: 1040 Manawagonish Road & 1032 McCavour Drive PID: 55019640, 55019632, 00401109 and 55018048 Municipal Plan: Neighbourhood Commercial Centre Zoning: Existing: `B -2" General Business and "R -IA" One Family Residential Proposed: `B -2" General Business Proposal: To redevelop a commercial property into a townhouse development. Type of Application: Rezoning, Subdivision and Variances that would: (a) Allow for the creation of double- frontage lots; and Manchester Estates Subdivision Page 2 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 (b) Allow for the construction of a dead -end private street. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, June 5, 2006. The Act also authorizes the Committee to give its views to Common Council concerning subdivision developments, including the assent of public streets (or portions thereof), municipal services and public utility easements. It also authorizes the PAC to grant reasonable variances from the requirements of the Subdivision By -law. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve accesses other than public streets when advisable for the development of land. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 1032 McCavour Drive, having an area of approximately 827 square metres, also identified as being PID No. 55018048, from `R -IA "One Family Residential to "TH" Townhouse. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land located at 1032 McCavour Drive, having an area of approximately 827 square metres, also identified as being PID No. 55018048, be limited as follows: (a) The property must be developed in conjunction with a townhouse project proposed at 1040 Manawagonish Road; or (b) Should the proposed townhouse project not proceed, that the property at 1032 McCavour Drive be limited to the development of a one - family detached dwelling. 3. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed Manchester Estates Subdivision, as generally illustrated by the submitted site and elevation plans, including any necessary public street vesting along McCavour Drive to remove sidewalk encroachments, as well as to the vesting of any required municipal services or public utility easements. Manchester Estates Subdivision Page 3 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 4. That Common Council authorize the preparation and execution of one or more subdivision agreements in order to ensure provision of the required work and facilities, including detailed drainage and site plans for the approval of the Chief City Engineer. 5. That Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act between the City and the landowner that would: (a) Prohibit the construction of any individual driveway abutting a public street, provided such restriction does not prevent the construction of the proposed private street "Felix May Court" from abutting McCavour Drive; (b) That the above - mentioned prohibition also be included in the restrictive covenants for each townhouse lot, as well as clearly indicated on all final subdivision plans for this proposed development; and (c) That the Development Officer refuse to endorse any final subdivision plan for the creation of townhouse lots until this Agreement is registered in the Saint John Registry Office. 6. That Common Council authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. 7. That the Planning Advisory Committee approve the proposed private street, with a circular turnabout and name of "Felix May Court," on the following conditions: (a) The proposed private access be constructed with a proper granular base with a minimum asphalt width of 7.5 metres, concrete curbing on both sides, and any necessary catch basins, all to the specifications of the Chief City Engineer, but that no sidewalks be necessary; (b) Public utilities be provided via an underground conduit system and not overhead from any existing pole, and that proper street lighting be installed along the private access; and (c) The final subdivision plan, and individual deeds for all the proposed townhouse lots contained in this development, clearly indicate that the proposed vehicular access is private and will not be maintained by the City of Saint John. 8. That the Planning Advisory Committee grant variances from the requirements of the Subdivision By -law that would allow the proposed townhouse lots to abut both the proposed private street and existing public streets, and the condition that no private driveway be constructed onto a public street. Manchester Estates Subdivision Page 4 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 BACKGROUND: The Planning Advisory Committee favourably considered four (4) separate temporary use applications by Irving Oil Limited between March 1991 to January 1996. All these applications involved the following light industrial uses: (a) Storage of materials such as shelving, counters, and hardware supplies; (b) Short-term storage and handling of gasoline dispensers; and (c) A workshop for the assembling of gasoline bar kiosks, metal shelving, and general carpentry work to counters and shelves used in the company's gasoline sales operations. When the PAC considered the original application in March 1991, the Committee imposed the condition that no outdoor activities in conjunction with the requested uses occur on the site (other than the parking of employee vehicles). The Committee also imposed the condition that the building be repaired and repainted, and that landscaping be provided to a minimum depth of 2 metres (6.6 feet) along the street frontages. According to an October 20, 1992 staff report, the previous landowner (Irving Oil Limited) had undertaken considerable work in addressing the concerns raised by area residents back in March 1991. For instance, the entire building area facing the street intersection was rebuilt in order to create a more attractive fagade. Also, the building was refaced rather than simply repainted in order to create a longer - lasting and more attractive finish. However, at that time (October 1992) the company was still in the process of completing the landscaping requirements, which have since been fully established. There was also noted a problem with taxis using the empty lot for temporary parking. This issue apparently was also resolved during this time. The following conditions were imposed by the Committee at its October 20, 1992 meeting: (a) There be no outdoor storage or activities in conjunction with the uses other than the parking of employee vehicles; (b) Landscaping shall be completed to a depth of 2 metres (6.5 feet) adjacent to the street line to the satisfaction of the Development Officer no later than November 15, 1992; (c) Hours of operation on the property shall be limited to the hours of 8:00 a.m. to 8:00 p.m. Monday through Saturday each week; and Manchester Estates Subdivision Page 5 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 (d) A non - illuminated facia sign not to exceed 1.1 square metres (12 square feet) in area be posted on the building facing Manawagonish Road identifying Irving Oil Limited as the owner. At the January 11, 1994 and January 9, 1996 PAC meetings, the Committee resolved to provide additional temporary use approvals with the same conditions as mentioned above (except the landscaping condition was not included since it had already been completed by this time). More recently the present landowner, W & S Holdings Ltd., received a further temporary use approval to continue storage of materials such as shelving, cabinets, hardware, doors & windows, and building supplies. In addition a workshop to undertake general carpentry work was permitted. The Committee imposed the following conditions: (a) There shall be no outdoor storage or activities in conjunction with the requested uses other than the parking of employee vehicles; and (b) Hours of work operation on the property shall be limited to 8:00 a.m. until 8:00 p.m. Mondays to Saturdays inclusive. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed townhouse development with a private street. Details with regards to servicing can be discussed with the Developer when engineering plans are prepared for the project. Individual driveways should not be permitted into the intersection of Manawagonish Road and Manchester Avenue. Building and Technical Services has no concerns with regards to this application. Saint John Energy has advised that public utilities are available to service this townhouse development. Details and costs in providing underground services can be discussed with the Developer when servicing plans are prepared. Aliant Telecom has facilities in the area to service the development. Rogers has been advised of this matter. Maritimes & Northeast Pipeline has no concerns with this proposal. Manchester Estates Subdivision 1040 Manawagonish Road & 1032 McCavour Drive Page 6 May 26, 2006 Fire Department has no objection to this townhouse project, provided the proposed private street is at least 6 metres (20 feet) in width and capable to withstand the weight of firefighting apparatus. If the access is constructed to a length over 90 metres (295 feet) it would require a turnaround. Saint John Police Force, Saint John Transit and the School Board have been advised of this new residential development. ANALYSIS: Subject Property and Neighbourhood The subject property is situated at the intersections of Manawagonish Road, Manchester Avenue and McCavour Drive at Purdy's Corner in West Saint John (see attached location map). The site is comprised of four (4) parcels of land having a total area of 6070 square metres (65,339 square feet or 1.5 acres). A large building, which has been used for a number of commercial uses over the years, is situated on three of these parcels of land. Most of the site between the building and Manawagonish Road and Manchester Avenue is paved. The area between the building and McCavour Drive and adjoining residential properties is enclosed with chain -link fencing. Within a significant portion of this area a lawn has been maintained on the property (1032 McCavour Drive). The neighbourhood is comprised of a number of different land uses. Across the street on the south side of Manawagonish Road are several commercial businesses (i.e., convenience store, used car dealership, and hair salon). A small townhouse development is situated to the west with a municipal fire station directly behind that property. Across the street on the north side of McCavour Drive is an apartment building complex. To the north/northeast and east is primarily one - family dwellings with some two - family homes. Development Proposal The landowner, W & S Holdings Ltd., is seeking permission to carryout a townhouse development on the subject property. The project would consist of three buildings with a total of 15 townhouse units abutting a private street (Felix May Court). The remainder of the site would be landscaped. The applicant has recently submitted elevation plans of the proposed buildings, which were used for another townhouse project undertaken by the landowner at the intersection of Manawagonish Road and Hillcrest Drive. Manchester Estates Subdivision Page 7 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 Municipal Development Plan and RezoninE Request The majority of the property is comprised of three parcels of land situated in the `B -2 " General Business zone. The proposed townhouse development is permitted in this portion of the property, and it is the Developer's intention to proceed with Phase 1 immediately upon receiving tentative subdivision approval. However, in order to include Building Block "C" (Units 5 -6) along McCavour Drive, the proponent must seek permission to rezone this portion of the property (1032 McCavour Drive) from "R-IA " One Family Residential to "TH" Townhouse in order to undertake Phase 2 of the project. The Municipal Development Plan has designated the Purdy's Corner area as a Neighbourhood Centre. This designation is in recognition of the commercial activities that have existed over the years at this busy intersection. Notwithstanding, given the diminishing commercial role of Purdy's Corner today, especially in light of the townhouse development that occurred across the street, and now this present proposal, this designation may eventually become unwarranted. In any event, this designation does not discourage the consideration of the proposed townhouse development. With respect to the requested rezoning for the parcel of land on McCavour Drive, as mentioned already in this report, this portion of the site has for many years been enclosed by chain -link fencing and used in conjunction with the rest of the commercial property. It was allowed to remain zoned residential since it was developed only as a lawn. The inclusion of this residential area for the proposed townhouse development can be recommended. As requested by the applicant, should the townhouse development not proceed as anticipated, a Section 39 condition has been recommended that would restrict the use of the property to the construction of a one- family dwelling. It should be mentioned that the paved driveway for the adjoining property at 1024 McCavour Drive (PID No. 00403303) encroaches on a portion of the subject property. The consultant believes that this encroachment will not interfere with the proposed development (Building Block "C "), and that the landowner will discuss the matter with the adjacent property owner (Kenneth Joyce) with the intention of providing a right -of -way to allow the long - existing driveway to remain at its present location. Also, it should be noted that while the existing `B -2" General Business zoning permits townhouse projects, it is the intention of the City to amend the Zoning By -law, and rezone existing townhouse projects situated in "B -2" zones, so that future townhouse developments only occur on properties specifically zoned "TH" Townhouse. Manchester Estates Subdivision 1040 Manawagonish Road & 1032 McCavour Drive Committee Approvals The following approvals and variances are also necessary for this proposal: 9 Committee approval of the proposed dead -end private access; and • Variance approval to allow double- frontage lots. Page 8 May 26, 2006 The proposed private street, with the suggested name of "Felix May Court," would be developed in a similar manner as many other private accesses in cluster townhouse developments. These standards have been included in the recommendation, and would require an asphalt surface, concrete curbing, street lighting, full municipal services (including storm drainage with catch basins), and underground public utilities. Typically sidewalks are not included. While the street would be private, and not maintained by the City, it would function better with a turnaround then the proposed dead -end terminuses as illustrated on the submitted plan. This matter has been discussed with the consultant, and agreement has been reached that the plan will be amended to provide for a turnaround as recommended. Related to the approval of the private street is the issue of prohibiting future private driveways, especially towards the busy intersection of Manawagonish Road and Manchester Avenue. To Developer has proposed to prohibit such driveways from being constructed to any public street, and has requested that a Section 101 Agreement relating to this matter be recommended. This restriction will also appear on subdivision plans and in the restrictive covenants of each townhouse lot. The creation of the proposed lots will result in them abutting both an existing public street and the proposed new private access. The Subdivision By -law prohibits the creation of new lots having frontage onto two or more streets. However, as mentioned, all these lots will be restricted to only one vehicular access. Therefore, it is recommended that this variance(s) be granted. While trustee land could encompass these proposed lots, it is the intention to develop individual walkways to the public street for each townhouse unit. It should be noted that the proposed property line between Block "A" and Block "B" will need to be slightly adjusted in order to satisfy the minimum 3 -metre (10 -foot) side yard requirement. The consultant will amend the subdivision plan in order to resolve this matter. Subdivision and Servicing The proposed townhouse development is similar to many other recently approved projects. The adjoining public streets are already developed, and both municipal services and public utilities are Manchester Estates Subdivision Page 9 1040 Manawagonish Road & 1032 McCavour Drive May 26, 2006 available to be extended to the property. Details relating to servicing extensions will need to be discussed further when plans are prepared by the consultant. The recommendation includes all the necessary assents and approvals for this project. Provision has also been made in the recommendation for the possible street vesting along McCavour Drive where existing public sidewalks appear to encroach partially onto the subject property. Authorization has also be provided for any cost sharing of extension of mains with regards to municipal services. CONCLUSION: The applicant is seeking to undertake a townhouse project on the subject property. One of the parcels involved has remained zoned residential, though used for years as part of the long - existing commercial property. It would need to be rezoned in order to be included in the proposed development. The requested rezoning and necessary variances can be recommended with the suggested conditions (Section 39 and Section 101 Agreement). All the necessary approvals and assents have been included for this townhouse project. MRO Project No. 06 -164 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT Ion OWN o ,om ON O Imo O Q w .r wy wn Y .5 Not Iwo ore i w 1 . y IN Iwo IN \ a)I wn ♦ ww w wll v IN Im n ♦ 104 w1I . • wr M ♦ ayl iw \. 1°N lolo w �,Md.0 ♦Q��@r t w 010 Swr ' ^Sf0`/P \ •9; Im. r Ion �r� ,. ' 4•x r ♦`� AS ♦`' � low /.� UN C / ♦/♦ • low ♦Y• 5 5 / ♦/• w)I •Y. 5 ♦ / Ion »I ♦ y A, wy wx ♦ y R-1" /y . WON Im0 ` .\ w5 im 101 r ♦ '� I - 3 On ,wl � lilt a lilt PID(s) /NIF Subject Site /site on question: 55019640 1 55019632 Location: 1040, ch. Manawagonish Rd, and /et 00401109 1032, prom. McCavour Dr. 55018048 Date: May /mai 15, 2006 Scale /echelle: Not to scale /Pas 6 Mchelle c alp' �ri1lii�i,ii�lil�� g ;;, 'ob, 1• OR „ j� i ,,1 1i I•i ii:i: i�i ) 77Hii 11111.11 'gal III + 8 0 u � o J' ti L 05F °• Of I ♦ { ! H b ' ♦ � � m , t N 4 O N by ♦� ` •6 G t • ' t it Sip te Rol fit lilac 4 64 filet A A , A • . I l / \ r1 "..as Pe\ O lip 14 43, f6 Op Op i re �• \ t;; ti� 0 o; ie �, /A \ + i r + V !w. �i�il�iuftl lit iiiiiiilii 17ili {�ijij {{ r ........... ... : n::i!!!!!!Ii��ij !!!!;!!i !!i' i {iii " m i:lk,{:...,....,ii tll iii; 1 11M A A fin 1'y v, II 1enr_a�+11 � 6'r• r, -ll it 4v 4S. d.44, I.V I :u V3 {ice 49 City of Saint John Planning and Development P.O. Box 1971 Saint John, NB E2L 41.1 Attn: Mr. Mark O'Hearn Planning Officer S, Michael Sauertei& M.Eng., r.Eng. Cj4yED MAY g 2006 Re: Proposed Townhouse Development (Manchester Estates) Subdivision, Rezoning and Variance Application 1040 Manawagonish Road & 1032 McCavour Drive Dear Sir; 975 Manawagonish Road, Saint John, New Brunswick E2M 3X2 (H) 506 -674 -9190 e -mail: sauert(d,)nb.svmpatico.ca In response to your letter dated May 16, 2006 regarding the intended re- development of the subject property into a Townhouse development. Please be advised that we have no objections to this proposal. We remain Yours truly, Y � Mike Sauerteig Planning and Urbantsme et w,A v.salntjohn.ca Le 16 mai 2006 Madame, Monsieur, &llE� RECEIM sowc.p. t971 alnt john, N8/N. -6. ( Canada E2L 4L1 LL PZ 301 The City or Saint John 1 -tits Objet ;3'rojet d'am6uagemeat de maisons e'nrangee situees dans le lotissement Manchester Estates, demaude de modification du rezonage et derogation 1040, chemin Manawagonish et 1032, promenade McCavour Le Conseil communal a transmis la demande susmentionn6e au Comit6 consultatif d'urbanisme aux fins de la presentaliun d'un rappurt et de reuoriunandatiuns. Le proprietaire, W & S Holdings Ltd., cherche a obtenir I'autorisation eam6nager un lotissement de maisons en rangee Sur ladite proprietd. Le projet serait forme de trois immeubles de maisons en rang6e.comprenant quinze unites d'habitation bordant une rue priv6e (tour)~elix May). Le reste du site serait amenage et ddtenu par une association de fiducaires compos6e de parties intdressdes repr6sentant le projet de lotissement. Le demandeur n'a pas encore prdsentd de plans d'616vation pour les immeubles proposes. On prdvoit que ces plans seront transmis la semaine prochaine avant la preparation du rapport. La majeure partie de la proprietd compiend trois parcelles do terrain situees dans la zone wmutcruialc g6u6rate a B -2 n. Le lotisseuicut do inuisuns un rangee propose est permis dans ladite partie de la proprietd et le promoteur a Pintention d'entreprendre la phase 1 imm6diatement apr6s avoir repu 1'approbation pour un lotissement provisoire. Cependant, daps le but d'inclure le groups de construction « C» (unites S et 6) en bordure de la promenade McCavour, le promoteur doit obtenir Pautorisation de modifier le zonage de la propridtd on question (1032, promenade McCavour) pour la faire passer de zone rdsidentielle habitations unifamiliales a WIA » 6 zone de maisons en rangee «TH )» afro de pouvoir entreprendre la phase 2 du projet (comme it est indiqud), Le promoteur doit dgalement obtenir les autorisations et derogations suivantes pour son projet en phis de, la demande de re7nriage mentinnnAe, ; • l'approbation du comitd quant a un aecas pried donnant sur un cul -de -sac; et • Pautorisation de d6rogation pour permettre 1'am6nagement de terrains transversaux. 70 1 ra a ntfa ntir =unnmmnn MH7P9U ,.,�.. -'. .^^ __.__ ____.__.__ -2- Le comit6 ddsire connattre le point de vue des propridtaires de terrains avoisinants qui pourraient @tre touchds par cette proposition. Si vous ddsirez exprimer votre opinion, qu'elle soit en faveur ou cn ddfavcur de Is proposition, vous pouvoz to fairc on transmettant vos commentaires par dent ou en assistant h la rdunion du Comitd consultatif d'urbanisme le mardi 30 mai 2006 a 18 h, dans la salle du conseil, au niveau du hall d'entree, a l'hblel de Ville. Les lettres signdes doivent dtre envoydes A Fattention du Comitd consultatif d'urbanisme, The City of Saint John, C,P. 1971, Saint John (N.-B.) E2L 4L1, qui les acceptera jusqu'au lundi prdc6dant la r6union. Toutes les lettres reques seront mises a la disposition du demandeur, du comit6 et de toute personne concem6e par la demande. La recommandation du comit6 sera e'tudie'e au cours dune audience publique que tiendra le conseil communal le landi S join 2006 a 19 h dams la salle du conseil. Vous pourrez faire d'autres commentaires pendant l'audience; cependant, toutes les lettres qu'aura reques le comit6 seront transmises au conseil. Si vous avez des questions ou ddsirez obtenir une copie du rapport (disponible entre 16 h et 16 h 30 le vendredl 26 mai 2006 ou entre 8 h 30 et 16 h 30 pendant les jours ouvrables par la suite), veuillez communiquer aver le soussignd au 1 (506) 649 -6075. Veuillez agrder, Madame, Monsieur,l'expression de nos salutations distingu6es. Mark O'Hearn Agent d'urbanisme P.j. rrojol 006.164 •l / "� e� �_ °t em`s t G y►� rw` 1 'D Ci .. j /'`��+•y� -• • (\/IJ �� to CO c4 %Z17VA a�4 a�� rj�i �Ae It ' Iv I?` 1 Fm mot... A G►�1 (u�t l %nt. �e -rrrc7 y aC9 �3. ,AAY _ CIO,y BY -LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 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 18`" 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 ARRETE NUMBRO C -1 ARRETE CONCERNANT LE MARCHt DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John edicte: L'arr6te concemant 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 Padjonction de ce qui suit imm6diatement apri s I'alinea 5(2)(h): (i) Mosques B1 & Al EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6te' le ..... 2006, avec les signatures suivantes: Common Clerk/Greflier communal First Reading - May 23, 2006 Premiere lecture - 23 mai 2006 Second Reading - May 23, 2006 Deuxi6me lecture - 23 mai 2006 Third Reading - Troisieme lecture - BY -LAW NUMBER C.P. 105- 6 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 105-6 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lots dune reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : The Municipal Plan By -law of The Varr&6 relatif an plan municipal de City of Saint John enacted on the 3`a day of The City of Saint John d6cr&ii le 3 janvier January, A.D. 2006 is amended by: 2006 est modifid par : 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. 1 la reclassification, A Pannexe 2 -A du plan, d'une parcelle de terrain d'une superficic approximative de 12 hectares, situ6e au sud du chemin Boars Head et e Pouest de Pavenue Millidge, et 6tant une partie du NID 55167530, afin de modifier le zonage pour Is faire passer de zone residentielle a faible densite A zone residentielle aforte 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 WAMENAGEMENT : secteurs d'am6nagement) par la suppression du numdro u 5 », sous la rubrique o Intensit6 future du secteur d'am6naaement a relativement an 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 deuxi6me paragraphe sous la rubrique o Thematique et caract6ristique de Pam6naeement » : a Un m6lange rdsidentiel A intensive d'usage n' 6, comprenant des habitations unifamiliales at bifamiliales, des maisons en rangde et des immeubles a logement, pout 6galement etre am6nag6 sur les terrains 6lev6s simds en direction sud. » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arretd le to this by -law the * day of *, A.D. 2006 signatures suivantes: and signed by: Mayor/Maire Common Clerk/Greffier communal 2006, avee les First Reading - May 23, 2006 Premiere lecture - 23 mai 2006 Second Reading - May 23, 2006 Deuxieme lecture - 23 mai 2006 Third Reading - Troisi8me lecture - PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 2 -A Modifiant annex 2 -A 1 r FROM / DE TO / A Low Density Residential High Density Residential r6sidentielle de faible densite residentielle 6 forte densit& Applicant: Hughes Surveys & Consultants Inc. (For Barsa Ventures Ltd.) Location: Portion of Cambridge Estates Area (file: 345 Boars Head Road) PID(s) /NIP(s) Part of /partie du 55167530 Map /carte 06N -79NW BY -LAW NUMBER C.P. 110 -14 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE N° C.P. 110 -14 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lots d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a 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 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 /Maire de'cr6t6 ce qui suit : L'arrete sur le zonage de The City of Saint John, d6crke' le dix -neuf (19) de'cembre 2005, est modifie par: 1 La modification de I'annexe eA», Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situ6e an sud du chemin Boars Head et a l'ouest de Pavenue Millidge, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone de maisons en rang6e < TH » et zone de tours d'habitations a logements multiples «RM -2» conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme - 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 - May 23, 2006 Premiere lecture - 23 mai 2006 Second Reading - May 23, 2006 Deuxieme lecture - 23 mai 2006 Third Reading - Troisi6me 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 sA» du Reglement de zonage de The City of Saint John L LITam�.. } �11II IPT 11� Z� �. i r FROM / DE TO / A TH - Townhouse maisons en rangee R -2 - One and Two Family Residential residentielle- habitations unifamiliales et bifamiliales NOW RM -2 - High Rise Multiple Residential habitations 8 logements multiples de trois etages y Pursuant to a Resolution under Section 39 of the Community Planning Act 7� Conform6ment A une resolution adoptde par le Conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Hughes Surveys & Consultants Inc. (For Barsa Ventures Ltd.) Location: Portion of Cambridge Estates Area (file: 345 Boars Head Road) PID(s)/NIP(s): Part of /partie du 55167530 06N -79NW Drawn By /Crete Par: Tamara Duke Date Drawn /Carte Crete: May 23 mai, 2006 Recommended by P.A.C. /Recommande par le C.C.U.: May 16 mai, 2006 Enacted by Counc!VApprouO par le Conseil: Filed in Registry Office/Enregistre le: �o Section 39 Conditions — Cambridge Estates south of Boars Head Road and to the west of Millidge Avenue, 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. BY -LAW NUMBER C.P. 110 -15 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 No C.P. 110 -15 ARRETE MODIFIANT L'ARRtTE' SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du copseil communal, The City of Saint John a d6cret6 ce qui suit : L'arretd sur le zonage de The City of Saint John, d6cret6 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 situde an 725, ch$min Westmorland, dune super(icie approximative de 1,57 hectares (3,88 acres), identifiee sous le NID 00436790, afin de faire passek la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales a RS -1 u A zone re'sidentie�le — habitations unifamiliales et bifamiliales « R -2 » et zone d'6difices A logements multiples de trois 6tages a RM -1 », comme it est indiqu6 ci- dessous. - toutes les modifications sont indiqude$ sur le plan ci joint et font partie du present', arr @td. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal spr le present arr6t6 le * jour de * 2006, aveo les signatures suivantes : Common Clerk/Greffier communal First Reading - May 23, 2006 Premi6re lecture - 23 mai 2006 Second Reading - May 23, 2006 Deuxi6me lecture - 23 mai 2006 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET D�VELOPPEMONT REZONING / REZONAGE Amending Schedule "A° of the Zoning By -Law of the City of Saint John Modifiant Annexe «A» du Rdg/ement de zonage de The City of Saint John r v/ A p X FROM / DE TO / A RM -1 - Three Storey Multiple Residential RS -1 - One and Two Family Suburban edifices a logements multiples Residential de trois 6tages residentielle de banlieue - habitations unifamiliales at bifamiliales R -2 - One and Two Family Residential residentielle- habitations unifamilialds at bifamiliales Applicant: Richard Burbridge Location: 725 rue Westmorland Road PID(s) /NIP(s) 00436790 07P -12SW i Drawn By /Creee Par: Tamara Duke Date Drawn/Carte Creee: May 22 mai, 2006 Recommended by P.A.C. /Recommande par le C.C.U.: May 16 mai, 2006 Enacted by Council /Approuve par le Conseil: Filed in Registry Office/Enregistre le: May 31, 2006 Mayor McFarlane and Councillors Your Worship and Councillors: I have three items that I would like an oral response from staff - Road construction in East Saint John - is it possible to have some of this work done at night to alleviate traffic congestion? 2. Enbridge Gas Pipeline Construction on the West Side - is Enbridge Gas or the City responsible for the rehabilitation of lawns, sidewalks and roadways after the installation of the pipeline? It is possible for them to restore these areas immediately as they go along? 3. Ocean Westway Unsightly Properties - there are two known properties in that area that we have been dealing with for years. Is staff dealing with these at the present time? A simple oral report in Open Session of Council is all that is required. My motion will be to receive and file. Respectfully submitted Ivan Court Councillor Mayor and Council June 1, 2006 Re: One Mile House Interchange Your Worship and Council: The construction of the One Mile House Interchange has been identified as a critical element in Saint John's transportation network. In fact, properties have been purchased in anticipation of the construction. The main estimates in the provincial government's 2006/07 budget do not specifically identify this project. Under the category of `Urban Bypasses', $4, 625, 000 is identified "to provide for the construction of bypasses in the Fredericton (Route 8), Moncton, Riverview and Dieppe areas ". It is noteworthy that nearly 6 million dollars went unspent in the previous `Urban Bypass' budget. I believe this project is important to Saint John's economy and must be pursued. However, I understand that this must also be viewed as a priority of Council and the greater community. To this end, I would propose that the city manager provide to counsel a report which would support this project as a priority for Saint John. It would be expected that input be sought from the industry and the business community. This report could be available for Council's upcoming priority identification session. If this project is ultimately identified as a priority, it should be our goal to seek further support from the provincial government in this budget year to progress the project. (received by e -mail) Stephen Chase Councillor June 1, 2006 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Fellow Councillors: SUBJECT: TOWN HALL FORUM HOSTED BY SAINT JOHN ABILITY ADVISORY COMMITTEE OVERVIEW: Over 50 individuals, along with 4 City Councillors and staff were in attendance. I would like to thank Mr. Barry Freeze and Mr. Jeff Sparks for organizing this event as it was one of the largest we have participated in since the inception of Town Hall Forums. RESULTS: Many "ability" themes were discussed and need to be examined. They included: (a) Inadequacy of audible signals at pedestrian crosswalks and the need for audible signals at these locations for people with visual impairments, (b) The lack of time for crossing pedestrian intersections - possible 20 second audible message. (Areas such as Coburg and Union, Harbour Passage, the foot of King Street, and Westmorland Road were identified as challenging), (c) Assessment of sidewalks and the slopes that are often in place to integrate with the driveway apron and pedestrian crossing areas, (d) Advocate to Rogers Cable the utilization of interpretation support within their Common Council broadcast for people who are deaf, (e) Within all municipal buildings, "visual' emergency /fire communication alarms for people who are deaf be installed, (f) Establishment of new municipal by -law that deems mandatory within new building construction, the addition of visual emergency /fire alarms for people who are deaf, His Worship Mayor Norm McFarlane And Members of Common Council June 1, 2006 Page 2 (g) That winter snow removal from sidewalks is a critical accessibility support for people with mobility impairments, (h) As commercial /retail development proceeds, be aware of changes this may create with respect to pedestrian crossing accessibility, (i) Clear and prominent identification that City Hall is accessible utilizing Chipman Hill entrance, (j) Review accessibility of City Hall washroom, (k) Enforcement regarding Handicapped Parking spaces. ACTION: A meeting will be held on June 14 at 3:00 bringing together key senior City officials and the Saint John Ability Advisory Committee to discuss possible solutions. I move that this report be received for information. Respectfully submitted, Peter McGuire Councillor M &C2006- 144 June 1, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2006-16: ASPHALT CONCRETE RESURFACING - 2006 BACKGROUND The 2006 General Fund Operating Budget for Municipal Operations & Engineering and the General Fund Transportation Capital Program include a provision for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. This contract includes all work associated with the resurfacing of a total of 23 streets or segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 13,113 tonnes of mix type "D" asphalt concrete and 47,990 mZ of asphalt cold milling, along with the adjusting and rebuilding of existing catch basins and manholes. Also included in this contract is the installation of approximately 2,000 lineal meters of concrete curb and other related work. TENDER RESULTS Tenders closed on May 31, 2006 with the following results: Classic Construction Ltd. Saint John, N.B. 2. Lafarge Canada Inc. Saint John, N.B. 3. Debly Enterprises Ltd. Saint John, N.B. $ 2,056,450.00 $ 2,161,297.43 $ 2,293,420.00 The Engineer's estimate for the work was $1,926,952.50. M & C 2006 -144 June 1, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff are ofthe opinion that the low tenderer has the necessary expertise and the resources to perform the work. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to various operating and capital budgets. Assuming award of this contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. A review of the low tender was also completed to determine why there was a variance between the lowest tendered price and the Engineer's estimate. This variance can be mainly attributed to a slightly higher than expected unit price on asphalt concrete. The analysis concludes that a total amount of $1,761,000.00 was provided in the various budgets and the projected completion cost of the projects included in this contract is estimated to be $1,872,016.32, including the City's eligible H.S.T. rebate — a $69,592.80 negative difference in the General Fund Transportation Capital Program and a $41,423.52 negative difference in the General Fund Operating Budget. Adjustments will be made to certain projects within this contract to ensure the budget envelopes are not exceeded. RECOMMENDATION It is recommended that Contract No. 2006 -16: Asphalt Concrete Resurfacing - 2006, be awarded to the low tenderer, Classic Construction Ltd., at their tendered price of $2,056,450.00 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 3 n 3 D n i n y m � O v A a, la o m O o o o tmKn OZ O o Z vmi m 3 n 3 D n i n y m � O v a, la m 3 n 3 D n i n y m � O v REPORT TO COMMON COUNCIL M & C — 2006 -142 2 June 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Traffic Signal Materials BACKGROUND: f City of saint J1--oh iI Each year the City of Saint John calls a tender for the supply of traffic signal materials. The purpose of this tender is to provide the City with new equipment to be used to replace and upgrade older units presently in service and as new installations are required. ANALYSIS: Five companies responded to the City's tender call by submitting bids. Staff of Materials & Fleet Management has reviewed the tenders, with Municipal Operations, and have found them all to be complete in every regard. A copy of the bid summary is enclosed for Council's consideration. Council will note, as you review the enclosed summary, that staff is recommending the lowest price bid. Page Two FINANCIAL IMPLICATIONS: The total cost for new traffic signal material, if awarded as recommended, will be $77,849.42 plus tax. Funds in the amount of $17,694.38 are available in the Newman Street — Transportation Capital Budget, while the remaining funds are included in the 2006 Operating Budget. RECOMMENDATION: It is recommended that the tenders, in the amount of $77,849.42, plus tax, for the supply of traffic signal materials be awarded each bidder as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Commissioner of Finance T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL A. i S} x �' f •'. max_ � City 6F SMinc ;Oilrl M & C — 2006 -146 2 June 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender 2006- 082701T - Roofing Repairs — St. Patrick Pedway BACKGROUND: As a part of the preparation of the 2006 Capital Budget for facilities maintenance, recognition was given for repair of a section of roof on the St. Patrick Street Pedway. After a recent inspection of the roof, it was discovered that there were actually three areas now in need of repairs. Tenders for this project closed Wednesday, May 31, 2006. ANALYSIS: Two companies responded to the City's tender call by submitting bids. Staff of Materials & Fleet Management and Building and Technical Services have reviewed the tenders, and have found them both to be complete in every regard. A copy of the bid summary is enclosed for Council's consideration. FINANCIAL IMPLICATIONS: The total cost to repair three sections of roof at the St. Patrick Street pedway, if awarded as recommended to the low bidder, will be $32,430.00 plus tax. Funds in the amount of $15,000.00 are available in the Facilities Capital Budget, while the remaining funds are included in the 2006 operating budget. Page 2 RECOMMENDATION: It is recommended that the tender, in the amount of $32,430.00, plus tax, for roofing repairs at the St. Patrick Street Pedway be awarded to the low bidder Atlantic Roofers Limited as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Commissioner of Finance T.L. Totten, FCA City Manager City of Saint John Tender 2006 - 082701 T ROOFING REPLACEMENT — ST. PATRICK PEDWAY Tender Opening: 2:30 P.M., Wednesday, May 31, 2006, 2nd Floor Boardroom, 175 Rothesay Avenue Description WM. P. DOWD & SON Atlantic Roofers Limited Tender Price $44,275.00 $32,430.00 * * Indicates Recommendation REPORT TO COMMON COUNCIL June 5, 2006 His Worship Mayor Norman McFarlane and Members of Common Council Your Worship and Councillors: RE: Long -Term Financial Outlook INTRODUCTION During the 2005 Budget preparation process all City Departments, Boards, Agencies and Commissions were asked to prepare and submit detailed estimates for a three year period 2005 -2007. During the 2006 Budget process the previously submitted estimates were refined and Council was presented with a 2006 Operating Budget and a preliminary Budget for 2007. The purpose of this report is to discuss a number of items which have arisen since the preparation of the preliminary 2006 Operating Budget which will challenge the City's ability to maintain its current tax rate. In addition staff will present a longer term overview of the City's financial picture. 2007 OPERATING BUDGET In December of 2005 Common Council was presented with a preliminary estimate of the 2007 Operating Budget. Staff has revised these estimates to reflect recent requests for funding and other factors based on actual operating results to date. These revised estimates are attached as Appendix A. As can be seen from the attachment the preliminary estimates result in a property tax rate of $1.899 an increase of 10.4 cents or 5.79 %. Included in these estimates are some significant changes from the 2006 Budget year including the following items. City of Saint John Long Term Financial Outlook June 5` ", 2006 The impact of not making these types of investments is typically not seen in the short -term however over time infrastructure will deteriorate and the costs associated with restoring will far exceed the cost of properly maintaining the assets in question. The investments required for these recurring capital items are significant and will be needed annually if service levels are to be maintained. Staff has previously estimated this recurring capital funding requirement at approximately $14.5 million per year. In the Operational Review, Chartwell Inc. came up with amounts of a similar magnitude. Rather than being incorporated in the Fiscal Services area of the City's Operating Budget these investments need to be properly incorporated into the on -going costs associated with each of our services so that Council and the Public are in a proper position to evaluate the services and to determine allocation of limited resources. Since 2003 the City has been able to make some significant initial steps in this regard. The City's budget now incorporates a full costing model for both fleet and corporate computers at the Departmental level. Through this model operating departments are charged both the cost of maintaining these assets as well as a charge for timely replacement. In addition since 2003 the City's Operating Budget has provided for the full cost of our labour rather than requiring borrowing funds through our capital programs to pay for some of our labour costs. Finally there has been an increased amount allocated to recurring capital expenditures in the City's Operating Budget. In total these actions have resulted in approximately $3.8 million dollars of recurring capital expenses being incorporated into the City's proposed Operating Budget for 2007. The goal of the long -term plan is to slowly raise this amount to the sum required to cover our recurring capital. It is currently estimated that this will achieved by 2020. Long -Term Issues The results of the financial modeling are presented in Appendix B. Aside from dealing with the City's recurring capital requirements the long -term financial model brings to light a number of significant points that Common Council should consider. 1. Unconditional Grant funding: Over the past few years the Province has been increasing the amount paid to the City by approximately 2% per year. The amount to be paid by way of the Unconditional Grant has been committed through to and including the 2008 fiscal year. There is no indication as to what action will be taken after that time. UM City of Saint John Long Term Financial Outlook June Y4, 2006 2. Alternative Sources of Revenue: The on -going need for an unconditional grant from the Province simply highlights the fact that the services provided by the City cannot be properly funded by property taxation and user fee revenues alone. As can be seen in Appendix B given the City's currently limited sources of revenue there is not sufficient funds available to cover the on -going expenses of the City. With no changes in our revenue generating capacity the long -term trend would require the City's property tax rate to grow by at least 1.5 to 2 cents per year. Our City as with every major urban center across this country needs a source of revenue that is more closely linked with economic activity in our community. A portion of sales tax revenue or a percentage of income tax revenues would achieve this result and place the City in a much more viable long -term financial position. 3. Capital Expenditures: In 2006 the City's Capital Budget was increased significantly resulting in an increase in our debenture financing requirements. If the capital program remains at this high level our debt levels will become unmanageable. One major concern as our debt levels increase is our vulnerability to increases in long -term interest rates. 4. Wage Costs: Approximately 50% of the City's Operating Budget related to personnel costs. Over the next 5 -7 years the City can expect these costs to rise significantly as the availability and competition for skilled workers continues to rise. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, An ev P. Beckett CA Acting Treasurer Appendix A City of Saint John 2007 Preliminary Estimates \LLJ k)� � /§ [Lu 2 W§ e „ k| k| d� LU IL §� § \ § ( % t I LU CR ( OD \ \ \ \ (d � \ W \ \ \ \ 0 E 5 ) � � 2 \ F / k § § R z 2 ) ( § 00 m It § / I LU ( OD \ \ \ \ (d � W \ \ 0 E 5 ) k $ I LU W \ \ 0 E 5 ) k $ 0 F k § § R z 2 ) ( § 00 m It § / I I LU W \ \ 0 E 5 ) k $ 0 F k § § R z 2 ) ( § § / } § / I CITY OF SAINT JOHN 2006 OPERATING BUDGET NON -TAX REVENUES 2005 PROJECTED BUDGET ACTUAL 2006 2007 SALE OF GOODS AND SERVICES FIRE SERVICES TRAINING HAZMAT FUNDING 70,000 70,000 POINT LEPREAU 40,000 40,000 40,000 40,000 CLEARANCE LETTERS 3,000 5,000 4,000 4,000 POLICE SERVICES LODGE PRISONERS 3,000 3,000 3,000 3,000 ACCIDENT REPORTS 11,000 11,000 11,000 11,000 TAXI LICENCES 50,000 50,000 50,000 50,000 OTHER 35,000 35,000 35,000 35,000 RECREATION AND CULTURAL SPORTSFIELDS 61,000 61,000 57,000 61,000 SUMMER PROGRAMS WEST 14,660 14,660 9,000 14,660 SENIORS PROGRAMS 5,800 CARLETON COMMUNITY CENTER CENTRAL 7,000 7,000 9,000 7,000 SOMERSET COMMUNITY CENTER NORTH END COMMUNITY CENTER EAST 23,000 23,000 25,000 23,000 FOREST HILLS COMMUNITY CENTER INTERPRETATION CENTER ROCKWOOD PARK OUTDOOR FROG HURLEY ARENA 210,000 210,000 125,000 210,000 GORMAN ARENA 141,000 141,000 144,000 141,000 BELYEA ARENA 137,000 137,000 192,000 137,000 PETER MURRAY ARENA 137,000 137,000 125,000 137,000 HARBOUR BRIDGE AUTHORITY 200,000 200,000 EMERGENCY DISPATCH 183,000 200,000 569,000 400,000 ADMINISTRATIVE SERVICES HOUSING OPERATIONS 42,000 42,000 43,000 44,000 PENSION PLAN 120,000 100,000 100,000 100,000 WATER AND SEWERAGE UTILITY 1,419,000 1,419,000 1,412,000 1,391,000 OTHER WATER SALES 12,000 12,000 12,000 12,000 OTHER TOURISM 3,000 31000 3,000 31000 PLANNING DEPT SERVICES 5,000 50,000 50,000 50,000 SALE OF USED EQUIPMENT 5,000 5,000 5,000 5,000 GARBAGE COLLECTION 5,000 5,000 5,000 5,000 TRANSPORTATION TENDERS 500 500 500 500 OTHER REVENUE FROM OWN SOURCES LICENSES AND PERMITS BUILDING PERMITS 475,000 555,000 500,000 525,000 PLUMBING PERMITS 40,000 40,000 42,000 46,000 DEMOLITION PERMITS 5,000 5,000 5,000 5,000 MOBILE HOME PERMITS 1,250 1,250 11250 1,250 GRAVEL PIT PERMITS 19,000 19,000 19,000 19,000 EXCAVATION PERMITS 250 250 250 250 BUSINESS LICENCES 500 500 500 500 REZONING APPLICATIONS 20,000 20,000 20,000 20,000 OTHER 9,000 9,000 9,000 9,000 GAS PIPELINE LICENCE 26,000 26,000 26,000 26,000 FINES AND PARKING MARKET SQUARE PARKING 673,000 673,000 733,000 733,000 PARKING METERS 724,500 624,500 724,500 724,500 METER VIOLATIONS 240,000 240,000 240,000 240,000 METER SUMMONSES 40,000 40,000 40,000 40,000 TRAFFIC BY LAW FINES 190,000 190,000 190,000 190,000 TRAFFIC BY LAW SUMMONSES 25,000 25,000 25,000 25,000 MOTOR VEHICLE FINES 15,000 15,000 15,000 159000 COURT FINES 50,000 50,000 50,000 50,000 RENTALS MARKET RENTALS 414,000 414,000 467,000 475,000 LAND AND BUILDINGS 168,000 168,000 165,000 170,000 CITY HALL 346,500 270,000 275,000 275,000 SHORT TERM INTEREST 250,000 350,000 250,000 250,000 CONDITIONAL GRANTS FROM OTHER GOVMNTS PROVINCIAL HIGHWAY MAINT 360,000 360,000 386,600 360,000 TOURISM 0 0 0 OTHER REVENUE SURPLUS 2ND PREVIOUS YEAR 0 0 0 OTHER 150,000 300,000 250,000 250,000 TOTAL NON TAX REVENUE 6,909,160 7,106,660 7,738,400 7,603,660 City of Saint John 2006 OPERATING BUDGET EXPENDITURES 2005 PROJECTED DEPARTMENT NAME BUDGET ACTUAL 2006 2007 MAYOR'S OFFICE 191,210 193,360 195,510 COUNCIL 352,330 358,330 409,680 LEGISLATIVE 1.50% 9.70% 5431540 525.000 551,690 6051190 CITY MANAGER 429,400 442,000 455,300 VISION 2015 0 500,000 500,000 COMMUNICATIONS SUPPORT 0 100,000 100,000 COMMON CLERK 897,392 828,290 835,794 FINANCE 953,683 981,645 1,220,439 LEGAL 505,049 576,528 646,343 GENERAL ADMINISTRATION 23.08% 9.61% 2,785,524 21180,000 314289463 3,757,876 CORPORATE SERVICES ADMIN. 219,612 223,118 150,000 MATERIALS MANAGEMENT 1,065,841 1,048,446 996,984 HUMAN RESOURCES 1,142,238 1,196,681 1,211,226 PUBLIC SAFETY COMMUNICATIONS CENTRE 1,463,084 1,722,927 11774,615 INFORMATION SYSTEMS & SUPPORT 1,777,364 1,878,918 1,935,286 FLEETSERVICES 324,255 417,872 514,069 CORPORATE SERVICES 8.27% 1.45% 5,992,394 7,200,000 6,487,962 6,582179 FIRE 6.66% 6.04% 15,703,500 15,900.000 16,749,433 17 760,535 BUILDING & TECHNICAL SERVICES 1,130,220 1,197,760 1,200,316 FACILITY MANAGEMENT 793,006 878,422 900,554 CARPENTRY SHOP 438,452 454,479 466,970 CITY HALL BUILDING 1,542,500 1,645,766 1,686,910 BUILDINGS AND INSPECTION SERVICES 6.97% 1.88% 3,904,178 3,810, 000 4,176,427 4,254 750 EMERGENCY MEASURES ORG 168,757 170,630 167,205 MUNICIPAL OPERATIONS ADMIN 975,382 1,208,324 1,225,493 SERVICE & FROG DEVELOPMENT 502,065 472,174 486,378 ENGINEERING & GROWTH 539,738 362,722 372,309 TRAFFIC ENG & SYSTEMS 937,617 1,048,461 1,047,214 SNOW CONTROL STREETS 4,552,087 4,712,303 4,804,374 SNOW CONTROL SIDEWALKS 463,325 466,089 489,345 STORM DRAINAGE 1,852,636 1,980,573 1,970,809 STREET CLEANING 1,309,311 1,319,093 1,364,201 SANITATION 3,304,777 3,380,349 3,454,519 STREET SERVICES 4,244,031 41419,416 5,453,951 MUNICIPAL OPERATIONS 19,5409134 3.66% 6.63% 18,849,726 18,550,000 20,835,798 COMMUNITY PLANNING 687,988 760,516 781,605 REAL ESTATE 393,889 420,839 455,328 G I S 222,175 260,825 235,315 HERITAGE 138,461 189,290 212,717 PLANNING ADVISORY COMM 10,500 10,700 10,900 ENVIRONMENT COMMITTEE 3,100 3,200 3,300 PLANNING AND DEVELOPMENT 1,645,370 13.00% 3.27% 1456,113 11357,000 11699,165 City of Saint John 2006 OPERATING BUDGET EXPENDITURES DEBT PAYMENTS 2005 11,100,000 11,029,127 11,746,220 WORKFORCE ADJUSTMENT 1,000,000 1,000,000 1,050,000 PROJECTED CAPITAL FROM OPERATING 1,795,000 1,795,000 516,381 DEPARTMENT NAME BUDGET ACTUAL 2006 11400,000 2007 ONE TIME WRITE -OFF 534,594 286,427 TOURISM 482,886 8713385 15,069 2.78% 689,991 2.53% 895,620 871,385 9183240 15,165,499 5.27% 19,252,328 26.95% TOTALS 100,712,018 ADMINISTRATION 982,786 115,3119585 8.15% 730,098 750,642 FACILITIES 1,160,310 1,382,920 1,422,394 ARENAS 865,911 925,196 950,569 LANDSCAPE 1,160,273 1,353,505 1,391,245 WEST DISTRICT 301,984 359,907 370,129 CENTRAL DISTRICT 472,617 404,011 415,526 EAST DISTRICT 409,160 463,866 477,090 CITY MARKET 764,985 741,406 761,202 CONTRACTED SERVICES 92,000 92,000 92,000 SUBSIn!ES: FACILITY USAGE 183,000 183,000 183,000 RECREATION COMMUNITY GROUPS 18,000 18,000 18,000 LEISURE SERVICES 6,1009000 3.79% 2.67% 69411,028 6,6539909 618312797 POLICE COMMISSION 16,969,816 16,969,816 18,014,630 6.16% 18,885,391 4.83% SAINT JOHN TRANSIT OPERATING 2,498,383 2,800,000 2,800,000 12.07% 3,000,000 7.14% SAINT JOHN TRANSIT DEBT 674,567 674,567 641,870 743,900 MARKET SQ.- COMMON AREA COSTS 1,851,364 11850,000 1,878,752 1.48% 1,935,115 3.00% WATER SUPPLY & HYDRANTS 1,570,388 1,570,388 1,662,403 1,788,412 REGIONAL FACILITIES COMM 1,547,228 1,547,228 1,554,496 0.47% 1,560,000 0.35% STREET LIGHTING 1,000,000 1,000,000 800,000 800,000 PROPERTYASSESSMENT 844,874 844,874 892,927 933,109 REGIONAL ECONOMIC DEVELOPMENT 401,072 401,072 396,495 401,000 LIABILITY INSURANCE 525,000 525,000 600,000 650,000 ARTS AND CULTURE INITIATIVES 115,800 395,000 166,330 171,050 LIBRARY 353,577 353,577 360,993 369,280 PARKING ADMIN. SUPPORT 433,342 433,000 451,591 452,870 MUSEUMS 192,500 132,500 0 0 SAINT JOHN DEV CORP 115,000 115,000 143,500 125,000 WATERFRONT DEVELOPMENT 100,000 100,000 100,000 100,000 ANIMAL & PEST CONTROL 154,500 150,000 150,000 154,500 LORD BEAVERBROOK 125,000 125,000 128,750 132,600 S.J. HORICULTURAL ASSOC. 56,000 56,000 56,000 58,000 SAINT JOHN INDUSTRIAL PARKS LTD 65,000 65,000 80,000 85,000 FESTIVALS /PUBLIC CELEBRATIONS 38,000 23,000 103,000 43,000 SOCIAL DEVELOPMENT SUPPORT 82,500 82,500 305,500 375,500 TRUE GROWTH INITIATIVES 75,000 37,500 50,000 NON DEPARTMENTAL 30,213,522 4.75% 31,326,737 29,788,911 32,813,727 DEBT PAYMENTS 11,061,056 11,100,000 11,029,127 11,746,220 WORKFORCE ADJUSTMENT 1,000,000 1,000,000 1,050,000 0 CAPITAL FROM OPERATING 1,795,000 1,795,000 516,381 1,768,522 PENSION FUNDING 0 0 11400,000 5,188,765 ONE TIME WRITE -OFF 534,594 286,427 480,000 482,886 2nd PREVIOUS YEAR DEFICIT 15,069 15.069 689,991 65.935 FISCAL CHARGES 14,4059719 149196,496 15,165,499 5.27% 19,252,328 26.95% TOTALS 100,712,018 100,903,403 106,621,244 5.87% 115,3119585 8.15% THE CITY OF SAINT JOHN SUBSIDIES AND GRANTS 2006 BUDGET ARTS AND CULTURE INITIATIVES ARTS AND CULTURE BOARD SAINT JOHN THEATRE COMPANY SAINT JOHN SHAKESPEARE FESTIVAL CONTINENTAL DRIFT FILM FESTIVAL PUBLIC ART RESERVE FUND CULTURAL AFFAIRS OFFICE FESTIVALSIPUBLIC CELEBRATIONS LOYALIST HERITAGE FESTIVAL FESTIVAL BY THE SEA FUNDY BAY FESTIVAL JAZZ AND BLUES FESTIVAL FESTIVAL de la BAIE FRANCAIS FESTIVAL SAINT JOHN (UPTOWN SAINT JOHN) CANADIAN COUNTRY MUSIC WEEK OTHER SOCIAL DEVELOPMENT SUPPORT UNBSJ CAPITAL CAMPAIGN PET /CT SCAN LOCH LOMOND VILLA SENIOR CITIZENS CENTER ( free rent ) HUMAN DEVELOPMENT COUNCIL (free rent - 8,000) P.R.U.D.E. (free rent) ABILITY ADVISORY COMMITTEE SEAFARERS MISSION 2005 2006 2007 50,000 50,000 25,000 25,000 25,000 90,800 93,330 96,050 115,800 168,330 171,050 3,000 3,000 3,000 15,000 0 0 0 5,000 5,000 15,000 15,000 15,000 5,000 5,000 5,000 0 5,000 5,000 0 60,000 0 0 10,000 10,000 3Q000 103,000 43,000 200,000 200,000 50,000 20,000 30,000 31,000 31,000 27,500 48,000 48,000 22,000 22,000 22,000 3,000 3,000 3,000 1,500 1,500 82,500 305,500 375,500 Appendix B City of Saint John Long -Term Financial Model June 1, 2006 City of Saint John Long Term Financial Plan Tax Rate Implications Tax Increase Year Rate cents % 2003 1.725 0.0 - 2004 1.725 0.0 (0.00) 2005 1.795 7.0 4.06 2006 1.795 0.0 0.00 2007 1.899 10.4 5.78 2008 1.922 2.3 1.23 2009 1.941 1.9 1.00 2010 1.961 2.0 1.03 2011 1.979 1.8 0.92 2012 1.969 01.1 (0.54) 2013 1.988 2.0 1.00 2014 2.006 1.8 0.90 2015 2.023 1.6 0.82 2016 2.042 1.9 0.94 2017 2.060 1.8 0.88 2018 2.078 1.8 0.88 2019 2.004 -7.4 (3.58) 2020 2.020 1.7 0.84 2021 2.038 1.7 0.86 2022 2.054 1.6 0.81 2023 1071 1.7 0.81 2024 2.087 1.6 0.79 2025 2.103 1.6 0.77 2026 2.119 1.6 0.75 2027 2.135 1.5 0.73 2028 2.150 1.5 0.71 City of Saint John Long -Term Financial Model Key Assumptions 1. 2003 -2005 figures are actual approved budget for that year 2. One time funding received from the Province in 2004 has been eliminated for 2005 and beyond. 3. For 2007 and beyond the following factors have been applied: Operating Expenditures - 3.25% Non -Tax Revenue - 0.5% Unconditional Grant - 0.0% Tax Base - 3,0% 4. Capital Program Expenditures reflect amounts needed to sustain a viable capital program while at the same time moving towards elimination of debt financing for recurring capital program. Total capital expenditures provided for under this program is as follows: Recurring 'other" Total Capital Capital Capital Program Progarm Expenses 2003 91520,000 21613,000 12,133,000 2004 14,500,000 - 14,500,000 2005 14,500,000 14,500,000 2006 17,4213897 17,421,897 2007 14,5009000 - 14,500,000 2008 14,5009000 - 14,500,000 2009 14,5009000 - 14,500,000 2010 149500,000 - 14,500,000 2011 149500,000 - 1435009000 2012 1435009000 - 14,5001000 2013 14,500,000 - 14,5009000 2014 14,5002000 - 14,500,000 2015 14,500,000 - 147500,000 2016 14,5001000 - 149500,000 2017 14,500,000 - 14,500,000 2018 14,500,000 14,5007000 2019 13,200,000 13,200,000 2020 15,200,000 1522009000 2021 16,900,000 16,900,000 d 0 0 nC7m, 141 cl O�C00D CN9C� Npp nMMrnr N LO N M W W<(+� '01 0 rinC7 0 dU N c O co M N 0 00 r r r N 7 O Lo (D 0 O h r 7 n r N It 0 7 O7 (q hOln00 rnMn Mr Ln NO M70r N hr In CV 0 O M <{ In r 7 r r 0 0 E N N O Ln cor WLn rO nNLA7 NODN Lo 0 L n0 LAW MO x 0 O r h M 7 r n C O O M n n 0 0 L n r O (D M M n( D Oco R W OMM(O Ln LO (D 00r 7 r N 0 L00 n 007 n O V:N Hm n M 77LA Lei 06 W O COO P O Nrr P W_ (o- N' r ODO N O N(0(DO a 00 Oh M M 00 to Ln 0M 00 CA n 000 N 7(0 c7 O N 70 n a O N 7(000004 7n a 7(D Ci -or v777a6LAL(iLALr)LAomm( (d < < pz n: N: 06 C6 (o M7NOnMOf OrNM7M(O hmOOrNM7 NOnCD O O O O O O O O O O O O O O O O O O O CD O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N O Lo .+ Ln CONMN M O h n LO CONOON r ♦'A O(OrNMOfOr n(0Mn 0Mn000MOn 7 LnnO to OLnO M070 n W C L1J O n In (D C 04 O7t0c�1 (0 W CO O N M M700M c OODNChNQ)V Nn(OOOO Ln7 CON ODr7nn 70 W 007r E N 'a 00 00 Ln N O P0� M M V NON 0 Ln O 04 �r 0000 M Ln W OM(0 Ln nO (00770 r qt =M C 0 3 = rIn LA Or Ln LA Ln Ni Ni e� Ln n n n O O(O(D a Ch OMOCO7 n Mrm M VC C10 Q ODr ON OW N Mh7O�0 y OMB V 7 c; W-N N 700 OD OO 0 rLn (0r CM 0o7N NN Nn LA7 W (D Ln N 007 CO (D 0N�00 r 000400 W OMhO�7O Ua 0 M7 Ln Ln �i n N(D 0700 a1 do- W Wrn L O O O L n M O O 0 7 n L n N V 04 7 co M 0 700 0 O (0( M C O L n LO CD x` 0 7 + CDQ In O CO N CO O) Ci OO LAO V 0)7(h NNNNN NM O N d NN N N am CD O h co 04 0 0 0 0 0 r r N 4T CA Ln 1�[M F Q r N co M (+7 7 Lo (0 co n h co 0 CD rM MMMMMM C'J MMM co MM cc) MMMMmMM C O n 0 N n N N N N N N N N N N N N N N N N N N N N N 0 r r co co 7 co 0 W 00 c0 co co 00 07 co co 00 co W co CO co CO CD co co OD<nN(�OOOn A Q)QA U6O 0) 0) C N O h It r 0 0 0 O O 0 O O 0 O 0 O O O CA O O 0) O 0 O Q) 0 00) N 0 n r 7 7 7 7 It 7 7 7 7 7 7 7 7 7 7 7 7 7 7 O 7 O 7 .O 00 Oil � OD W M0)0)M 0) 0) W M MM AmMM CA M 0)0)0iM r r r r r r r r r r r r r r r r r r r r r r r r r O C (O MM000 co h 0NN OMM OON Ln h LMM O 7MOn 0O(D 00 h OOn 0 1- M r nM00M0M WNO to }L U x N 000r I�t(oC NNM 0 c CDr n Ln 7(00 LnMM7077 C C NN F n 0 W Mr 0 C6 (6 07 C6 C6 N N N M) M A LA CO ti 0 TM: ce L y V n hOM07n Ln OMh Ln OMn rUn 0M n r Ln O7 � C E C 7c00h (D 0 c nh n CC) co 00000. rN N MM 7st 0 (D co co n r h n n h n n h n h h(D y LL E W 06 C6 b c6 CO W O0 06 ' o EN N ON co 7 Ln 007 n M70Om h 007700 Ln NO n(o ON V) Orr 70D 77(D 70Dr (WM 00Nn07NOMO tbh r co O N Ln O Ln N n N 700 0Otn N(O NCD naDnON U NN Lnn Nr rCACDOC776N V ritico LO CAO)OD� N C m M r N O O r O n 0 0 Lo 7 co N M rOnO i N+ (O 0 n O M Ln N N r n 0 7 O n O n Lo O h M h N O N O CL O(0 ACM 0 7 O n n co N n O F r CV Ln 0 M 1%: C6 WOr (0 O(Or IZ N CG r h7 J %( O 000rr N N C) M M77 O Ln 0to0 h nM CO 00 W r r r r r r r r r r r r r r r r r r r r r N N N O M Mao N C077r 07 Ln N W r7MMW 0 h M 0 0W ON O 0(D r W M r r(D O 7 W M 7nLn N 0 W W07nM0 r 0 Lo W r Ln NW 0007 n r N000NhMr r W M n L H 0470 MMr N C6 C C6 04 co L C 7 N N 0 N n N h N n ((00 Co 0700 a � 007q O U) n� Lo w OOON000000 NCO O(oce) rMnr W MM(D W NO CD n COOOM OO MCOOM n �LDOMn n h 00 C000) 0 00 040 Cor CON nM O6X W � rr04 NN ce)M 770L CO CQn X07 r r r r r r r r r r M7NOnMOf OrNM7M(O hmOOrNM7 NOnCD O O O O O O O O O O O O O O O O O O O CD O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N O Lo C" L n U) M O h 0 Nn r r ♦'A O(OrNMOfOr 0Mn000MOn to OLnO n W C L O n In (D 7 04 Ln (0 W CO L N C c OODNChNQ)V Ln7 CON ODr7nn 70 OLA E N 'a O 00 Ln N O 00 M M Ln h 0 Ln O 04 �r M Ln n OD Ln nO r qt =M C 0 3 = r LA Ln Ln LA Ln Ni Ni 7 Ln Ln L() Ln r( O77 Ch OMOCO7 Mrm M VC C10 Q ODr M7NOnMOf OrNM7M(O hmOOrNM7 NOnCD O O O O O O O O O O O O O O O O O O O CD O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N 000000 n Mrn Nn nr 00hN 0Mn000MOn n N W InWNWoa r w M O N Ln NfO LnnLn Ln7 CON 70 E 0 0077007 (O CD nOD C07N 0f07ma7N 00 C r%: N CA OD L()Lo in CD Ch 0)n r( O77 Ch OMOCO7 Mrm M VC C10 Q ODr ON OW N Mh7O�0 OMB V 7 N(D Mr 700 R 0 O. (0r 704 NN nN(0 (D Ln N 007 CO (D 7N r 000400 Ua M7 Ln Ln (0n n 0700 a1 do- r_ "_ N di M7 LO CD h CO 0700 W rr `-r rr rrr` -r NNNNN NN N NN NN N N M M7NOnMOf OrNM7M(O hmOOrNM7 NOnCD O O O O O O O O O O O O O O O O O O O CD O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N June 2, 2006 M &C #2006 -150 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: THE LNG TERMINAL AND THE BRUNSWICK PIPELINE PROJECT. PURPOSE: The purpose of this report is essentially two -fold. First, the report attempts to respond to a request from Council, on a motion made by Councillor Court, to seek staff's input, albeit after the fact, on the matter of the proposed LNG Terminal at Mispec. This resolution has been outstanding for quite some time; however, staff required time to more fully appreciate the ramifications of Council's decision with respect to the LNG Terminal. Secondly, the purpose of this report is to discuss the "Bmera Brunswick Pipeline Company Ltd's Application to the National Energy Board for the Brunswick Pipeline Project, dated May 23, 2006" and to advise Council as to the appropriate next steps. PART I: A DISCUSSION OF CONFLICTING PUBLIC POLICIES Dealing with Common Council's initial support for the proposed LNG Terminal and the matter of the tax concession that was granted. If there ever is an example of a Municipal Council facing an extremely tough decision of finding a balance between two conflicting Public Policies this would be it. In this situation, there was clearly a conflict as to what constituted "Appropriate Taxation Policy" and what might be considered as "Appropriate Economic Development Policy." June 2, 2006 Page 2 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project TAXATION POLICY: At the time Common Council made its decision to seek Provincial Legislation to provide for a fixed tax levy of $500,000 per year (beginning in 2006) for the site upon which the LNG Terminal was to reside, staff's caution to Council would have been that in and of itself this decision would not have constituted sound Taxation Policy. Notwithstanding the fact that the site at the time attracted an insignificant amount of tax revenue and was being converted to a half million dollar revenue stream to the Municipality, with no demand for additional services, staff's position would have been firm. Preferential rates, assessments, urban or rural, inner or outer tax zones have consistently been rejected from the perspective of sound Taxation Policy in the context of this community and this Province. The reason being is because concessions create a perception of preferential treatment, set a precedent for future development and potentially create a race to the bottom line with other jurisdictions. As to claims by the proponents that the facility would not have proceeded without such an arrangement, or claims by those opposed to the project that the project would have attracted four or five million dollars in municipal tax revenue, staff will not offer public comment. Staff were not privy to the negotiations between the major international companies that were involved, nor at the time had we the knowledge of what components of the plant would be considered real property by the Province of New Brunswick and therefore subject to municipal and provincial taxes. While these issues were clearly part of the public debate, staff was not and still is not in a position to offer factual information in this regard. ECONOMIC DEVELOPMENT POLICY: A year or so now having gone by, staff has been able to ascertain far more information related to the economic benefits of the LNG Terminal and the Brunswick Pipeline Project. Indeed the analysis of this information will be subject to the National Energy Board Hearings given that; "In determining whether a pipeline project should proceed, the National Energy Board reviews, amongst other things, its economic, technical and financial feasibility, and the environmental and socio- economic impact of the project." City staff would not pretend to have the technical or financial resources to duplicate the work to be done by the NEB, however, Common Council should be aware of certain information as Council reflects on its decision of trying to find an appropriate balance between sound Taxation Policy and Economic Development Policy. June 2, 2006 Page 3 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project The LNG Terminal and Brunswick Pipeline Projects bring with them the following economic development benefits. ■ The City of Saint John will receive on an annual basis, $500,000 in tax revenue from the LNG Terminal plus approximately $750,000 (municipal share only) annually from the Brunswick Pipeline Project. Given that there are insignificant cost implications to the City, this $1,250,000 will be available to subsidize other municipal services delivered to other taxpayers. ■ Building Permit Revenue to be received by the City as a result of the construction of the LNG Terminal has been conservatively estimated by staff as being not less than $3 million. The total of these funds will be received over the next three years. Once again, this revenue that would otherwise not have materialized will assist with funding other services provided directly to the residents of this community. The requirement for an appropriate long -term access to the site has resulted in the developer's agreeing to construct a secondary access road to Red Head and Black River. This public road to be completed in 2006 and 2007 will require an estimated investment in the vicinity of $10 million. Once again, an investment that the Municipality would not have been able to make. ■ The Design Build Agreement to which the City is a party requires a significant municipal investment in a portion of the Old Black River Road. When completed, this much improved transportation link is going to have a significant impact on the marketability and pricing of lots in the McAllister Industrial Park. The Canaport LNG Terminal alone is expected to draw capital investment of $825 million. ■ The Canaport LNG Terminal is expected to; • Create 551 person years of directed employment during its planned construction. • Provide direct labour income of $58 million with a further $31 million in indirect expenditures in personal consumption activities. • Create an additional 257 person years of employment in other industrial and service sectors. • Create direct expenditures of $362 Million on materials, equipment and services with an estimated further spin off of $211 million in indirect expenditures in this Province. June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Page 4 The Canaport LNG Terminal, when in operation, is expected to create 40 new positions. Over 30 years this comes to 1,200 person years, which would spin off 234 person years of employment in other sectors. The Brunswick Pipeline is expected to require an investment of a further $350 million. The Brunswick Pipeline Project will generate; 0 340 construction jobs for the urban portion of the project and 0 580 jobs for the rural portion, until o total direct employment during construction estimated at 373 person years, full time equivalent. ■ The Brunswick Pipeline Project will generate ongoing expenditures of $3.4 million annually in both New Brunswick and Canada. ■ The Brunswick Pipeline Project will contribute an estimated $7.3 Million annually in taxation to all three levels of government. While the above noted points have come from staff and Emera's Application, there is much more anecdotal information to which Council may relate. For example, recent discussions with realtors and developers would indicate they have already seen the movement upwards in home values. Some developers are now scrambling to create newer apartment units that are anticipated to be in significant demand. Staff fully expect to see this billion dollars of capital investment create a major ripple effect in the entire Saint John and Southern New Brunswick economy. CONCLUSION: PART I In conclusion, and with hindsight, and with only the facts which are known, staff have concluded that the increased emphasis Council placed on Economic Development Policy as opposed to Taxation Policy has proven to be warranted in this situation. The very nature of this project and the specifics with respect to the site itself, are such that it is extremely unlikely that Council's will be faced with a similar decision for decades to come. PART II The second purpose of this report is to more fully discuss the routing of the Brunswick Pipeline and in particular the preferred route through Rockwood Park. Staff fully appreciated that Council has previously stated that it is opposed to any route through Rockwood Park and that its preference would be for a marine route across the Bay or Harbour. However, notwithstanding Council's position, staff is only now in a position, after having read Emera's Application to the NEB, to provide factual information. June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Here is what Emera says about a possible marine route: Marine Crossing of Saint John Harbour: (a) Description Page 5 When identifying potential corridors from Mispec Point to the west side of the Harbour, the Team had to consider shore conditions as they relate to HDD viability, water depths, avoidance to the extent possible of existing shipping /anchorage areas, bottom harbour seafloor conditions, (if known) and the connecting take away onshore pipeline routing /feasibility. The Team first identified a broad corridor starting at Mispec Point on the east side of Saint John with an area starting at Saints Rest March down to Coleson Cove as the west boundary. Further analysis by the Team resulted in the identification of two corridor alternatives. The first corridor alternative evaluated included a marine crossing of Saint John Harbour from Mispec Point to a shore landing point at the Saints Rest Marsh area, proceeding onshore to a point west of Saint John. The second corridor alternative involved the same marine corridor until just before landfall where the corridor would head south and would parallel the shore -line making landfall near Coleson Cove, then traverse over land to a point west of Saint John where it would parallel the M&NP Saint John Lateral. The Marine crossing alternatives are illustrated in Figure 2.2.4A of Volume 2 of the EA. (b) Findings The conclusion reached by the Team, and supported by the AK Study and the PCS Study, was to reject this corridor alternative. While the marine portion of this alternative could be constructed, it would not be practical due to the higher safety, technical, cost, schedule and environmental risks as compared to the preferred corridor which has significantly lower safety risk, has minimal technical challenges, is less costly, has minimal schedule risk and has no significant, long term, adverse environmental impacts. The following summarizes the key difficulties the Team identified with a corridor that includes a marine crossing of the harbour. Some of the issues noted below, when looked at individually, might be successfully June 2, 2006 Page 6 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project overcome and /or mitigated, but, in the aggregate, they constitute an unacceptable and impractical alternative. ■ The occupational safety risks for divers and other marine construction workers on barges and on other vessels would be higher than for normal marine activities due to the weather, current and severe tidal conditions that would be encountered over the potential construction window. This window would necessitate working in the severe winter weather conditions of fog, snow and heavy winds for a portion of the construction schedule. Based on various considerations (including the conclusions of the AK Study and the PCS Study), the risk of potential severe injuries or fatalities during construction is high. The bottom -lay portion of the marine crossing and the HDD installations at the entry and exit to the water would be technically challenging. The tidal change in the Saint John Harbor is approximately 7.6 to 8.8 in (25 to 29 feet) every 6 hours, which results in 4 tidal changes per day. In contrast, typical U.S. marine construction involves 2 tidal changes per day of several feet each. The currents and tides would make positioning of the support vessels, control and placement of the pull back pipe string, diving and logistical support and coordination of the jack -up rigs stretch the limits of modern, proven installation methods The marine corridors would intersect marine fish habitat and shoreline habitat (both marine and on land). If HDD installations are not feasible or successful, blasting or trenches on the shore approaches would be required, which would result in environmental risk and potential impacts, including potential impacts to the Saints Rest Marsh area. If the HDD installations were successful, the bottom lay portion of the marine crossing would still provide potential environmental risks to habitat, marine life and accessibility to the fishery. The cost for the pipeline constructed in a corridor that included a marine crossing would be approximately $650 million. This cost estimate is 85% greater than the capital cost for the preferred corridor shown in Table 2 -1. The risk of cost overruns for a marine crossing is greater than for a land -based corridor. Repsol Canada has indicated that a competitive toll is critical to its long -term commitment for service. June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Page 7 The Project must be completed on schedule to meet the requirements of the shipper. The Project schedule would require the pipeline to begin construction in the winter months. The risk of delays due to severe winter weather conditions of fog, snow, and heavy winds or construction delays and complexities associated with HDDs, bottom - lay and backfill activities is very high. " As for Rockwood Park, being the preferred Urban Corridor, here is what Emera has to say: "Preferred Urban Corridor: Preferred Urban Corridor Description From Mispec Point, the Brunswick Pipeline preferred corridor parallels and existing power transmission line. Once across Red Head Road, the corridor proceeds north towards Old Black River Road. Once past Calvert Lake, the corridor turns towards the Grandview Avenue Industrial Park and then towards the Irving Oil Refinery. The corridor passes to the east of the refinery and crosses Loch Lomond Road. At Loch Lomond Road, the corridor begins to parallel an existing electric transmission corridor towards Route I and parallels the same corridor through Rockwood Park. The corridor continues to follow the same electric transmission line through largely undeveloped lands to a point near Robertson Lake, where the corridor turns southerly towards Pokiok. A HDD of the Saint John River is planned toward Pleasant Point. From pleasant Point, the corridor follows parallel to and south of Milford road and the Green head Road. The corridor then turns west through the New Brunswick Southern Railway properties and parallels the railway before turning to the south to parallel Pipeline Road where it then heads west, crossing Manawagonish Road and Highway 7 before turning south to cross Highway 1 and begins paralleling the existing M&NP Saint John Lateral. Findings: The preferred urban corridor was selected on the basis of safety, constructability, minimizing project cost, impacts to project schedule and environmental constraints. " June 2, 2006 Page 8 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Rockwood Park Variants: In response to public feedback, including strong opposition from some members of the public to the corridor through Rockwood park, two possible variants to the preferred corridor were identified which would, to the greatest extent possible, avoid Rockwood Park. A map of the two variants appears in Figure 4 -2 (for the electronic version of the Application, Figure 4 -2 is filed as a separate document). Both variants would depart from the preferred corridor at the proposed Route 1 crossing and would rejoin the preferred corridor west of Rockwood Park. " Findings: Each of the above variants around Rockwood Park is an acceptable corridor based on a preliminary environmental and constructability review. However, in comparison to the preferred corridor, each would impact approximately 50 additional properties and a number of residences. These impacted properties contain high valued residential, commercial and institutional uses. The variants are each longer than the section of the preferred corridor through Rockwood Park, and would be either creating new right of way or potentially paralleling existing and future roads. The impacts to these properties, residencies, local residents and others can be mitigated through the use of techniques identified in the EA for similar area. Through consultation, it is apparent that there is strong opposition to these variants from local residents who live in close proximity to them. These residents have presumably not been outwardly vocal to date because the preferred corridor avoids their area of concern. If one of the variants were to be considered as the preferred corridor, this group has advised that they would actively table their concerns, which relate to impacts on the integrity of water wells in the area, development of individual land parcels and subdivisions, and traffic issues. Based on preliminary analysis, the North of Rockwood Park variant would add S km to the preferred corridor length while the South of Rockwood park variant would add 2 km to the preferred corridor length. In addition, both variants would be more expensive than the preferred corridor. In summary, the proposed corridor along the existing electric transmission ROW is preferred because it follows the existing utility corridor through the Park, avoids impacts to residences, does not alter the June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Page 9 existing land use and is the shortest option which would result in the least temporary construction impact. THE NEXT STEP FOR COMMON COUNCIL: When initially discussed, Common Council talked of becoming an Intervenor at the hearings. At that time, discussion also occurred with respect to hiring experts to investigate the marine route. We now have the benefit of reading Emera's application and the degree to which the marine route was considered. Emera has stated: "A multi - disciplined project team (the "Team') was initially assembled to evaluate corridor alternatives and select a preferred corridor for the Project. The Team was assisted by various consultants. Collective experiences of the Team included.• recent knowledge of NEB — regulated corridor selection processes, including the processes applied in relation to the M&NP Mainline and Saint John Lateral; environmental permitting; rights of way land acquisition; and extensive east coast urban, rural and offshore pipeline construction experience. This experience facilitated a comprehensive identification of alternative corridors and a prudent final selection of a preferred corridor. The Team was also able to draw on the experience of Duke Energy Gas Transmission ( "DEGT'). Through its contractual arrangements with St. Clair, Emera Brunswick Pipeline Company will continue to have access to the experience of DEGT. DEGT owns and operates 29,600 km of natural gas pipelines in North America, of which 864 km are marine pipelines, and hundreds of kilometers of natural gas transmission pipelines in urban settings similar to that of Saint John. The Team was supported by specialized consultants in horizontal directional drilling ( "HDD') and marine pipeline engineering and construction that provided more detailed analysis to test the Team's initial assessments and to ensure appropriate analysis and consideration was made for all corridors analyzed. These consultants have direct knowledge and experience in offshore and HDD construction. These experiences involved offshore Gulf of Mexico experience as well as recent northeastern Untied States offshore permitting and construction experience on the DEGT HubLine project, which is located in Massachusetts Bay and was constructed in 2003, as well as other marine pipeline projects. AK Energy Services ( "AK') was retained as one of the Team's consultingfirms. One of AK's key personnel is an individual with over 25 years of natural gas June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Page 10 pipeline experience in the design, routing, permitting and construction of marine /urban /rural pipelines as well as multiple horizontal HDDs. He was project director who directly oversaw the development, permitting and installation of the HubLine project, the Maritimes & Northeast Pipeline, L.L. C. 320 km pipeline in 1999 and the 48 km of the Maritimes & Northeast Pipeline, L.L. C. Phase III expansion through highly developed residential and urban areas in 2002. In total, these projects alone had 17 HDDs (land to land and land to water). In addition, he oversaw the construction of several hundred kilometers of marine pipeline construction in the gulf of Mexico as well as multiple HDDs, project development and planning on various other marine projects in the northeastern United States, such as the proposed DEGT Islander East Project (35 k n of NPS 24 natural gas transmission pipeline across Long Island Sound) and Northeast Gateway (22 km of NPS 24 natural gas transmission pipeline in Massachusetts Bay). The AK Study is attached as Appendix 4. Another consulting firm hired to be part of the Team was Project Consulting Services ( "PCS'). This firm specializes in the design, engineering and construction management of offshore pipelines. PCS has performed work in North America, South America, Russia, Southeast Asia and Mexico. This firm performed the design and provided construction management for DEGT's HubLine project and will be providing these same services of DEGT's Islander, East and Northeast Gateway projects mentioned above. In addition, one of the individuals on PCS staff was directly involved with the construction of the Irving Monobuoy in 1970 and was consulted with PCS prepared its findings for the marine alternative. PCS was commissioned to conduct a feasibility study of a marine crossing of the Saint John Harbour. The PCS Study is attached as Appendix 3. " Given the expert opinions that have been solicited, and the fact that the marine route has all but been discounted in the Application, staff cannot possibly support the suggestion that the City of Saint John engage additional expertise in an effort to make the case for the marine crossing. The City simply does not have the expertise or financial resources to take on this task. Staff, is of the opinion that if the NEB performs its responsibility appropriately than the NEB has a duty to review the appropriateness and accuracy of the various studies supporting Emera's position on the marine route. This level of due diligence is the function of the NEB given their specific mandate and not that of the City of Saint John. June 2, 2006 Page 11 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project THE CITY'S ROLE AS INTERVENOR: As for the City's role as intervenor, staff would recommend that the City of Saint John continue along this path. The City should limit its status of intervenor to that of providing "written comment" indicating that the marine route remains Council's preferred route. Furthermore, Council expects the NEB on behalf of this community to pay specific attention and detail to the marine route and to hold Emera strictly accountable for the professionalism, detail and facts contained in the various studies that have concluded that the marine route is not viable. Staff would further recommend that the City's written submission to the NEB support Emera's preferred route through the City, should the marine route be verified as not being possible within all of the various criteria for this project. In terms of the effects on existing municipal infrastructure, disruption to citizens lives and for obvious safety reasons, the route through Rockwood Park is seen by staff as being more acceptable then either of the other two alternatives presented by Emera. RECOMMENDATION: That Common Council receive and file this report and instruct the City Manager to prepare a written submission to the National Energy Board that is consistent with the contents of this report and that the submission be signed by the Mayor on behalf of Common Council. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER June 2, 2006 Report To Common Council Subject: LNG Terminal and Brunswick Pipeline Project Page 12 M &C — 2006 -148 June 5, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Brunswick Pipeline Company Ltd. Registration National Energy Board Registration The proposed pipeline was officially registered with the National Energy Board on Tuesday, May 23rd' Note that a new company, Emera Brunswick Pipeline Company Ltd., has been formed for this project. Registry information for the proposed Brunswick Pipeline is on the National Energy Board website and the Regulatory Documents filed with NEB can be found in NEB [Folder 408789] and can be accessed there from https://www.neb.ac.ca/PublicRegistries/Emera—Brunswick/pubreg e.htm . The date for registration of interventions has not been set. It is anticipated that the Public Hearings will not occur until the fall of this year and that the location for hearings has not been determined. Province of New Brunswick Environmental Impact Assessment Registration As part of the Environmental Impact Assessment Registration with the Province of New Brunswick Department of Environment and Local Government, the City has received a full copy of the documents, including: ➢ Application Application Appendices 1 -11 ➢ Environmental & Socio- economic Assessment - Final Report ➢ Environmental & Socio - economic Assessment — Appendices For this initial review, the City is asked to identify any significant environmental effects where we have concerns, and in particular, any concerns that may not be addressed through the application of other provincial / federal regulations. This process has been undertaken by staff and a report will be prepared for Council's next meeting outlining the City response to the proposal. June 2, 2006 Page 2 In order for the Provincial Minister of the Department of Environment and Local Government to make a determination within 30 days of the registration, the EIA Project Manager for the Department has asked for comments by June 19th, which is the date of Council's next meeting. An extension will be requested. Proposed Routing Corridor The study material identifies and evaluates three main urban corridor alternatives, the Preferred Alternative, and North and South of Rockwood Park. Several other alternatives were also considered and rejected, including the Marine Alternative, North Across Kinston Penionsula, along the existing City laterial. Note that the corridors indicated are nominal 100 meter corridors, with a larger corridor where there are key concerns still to be resolved. Delineation of the pipeline right -of- way, 30 metres wide, will follow later in the NEB process. The material here is from the application and provided for Council's information. The main land based alternatives are described as follows: Preferred Corridor "From Mispec Point, the Brunswick Pipeline preferred corridor parallels an existing power transmission line. Once across Red Head Road, the corridor proceeds north towards Old Black River Road. Once past Calvert Lake, the corridor turns towards the Grandview Avenue Industrial Park and then towards the Irving Oil Refinery. The corridor passes to the east of the refinery and crosses Loch Lomond Road. At Loch Lomond Road, the corridor begins to parallel an existing electric transmission corridor towards Route 1 and parallels the same corridor through Rockwood Park. The corridor continues to follow the same electric transmission line through largely undeveloped lands to a point near Robertson Lake, where the corridor turns southerly towards Pokiok. A HDD (directional drilling under the river bed) of the Saint John River is planned towards Pleasant Point. From Pleasant Point, the corridor follows parallel to and south of Milford Road and then Green Head Road. The corridor then turns west through the New Brunswick Southern Railway properties and parallels the railway before turning to the south to parallel Pipeline Road where it then heads west, crossing Manawagonish Road and Highway 7 before turning south to cross Highway 1 and begins paralleling the existing M &NP Saint John Lateral." North of Rockwood Park "The North of Rockwood Park variant parallels Foster Thurston Drive or proceeds to the east around Ashburn Lake and then northwest to near the northern most point of the Park. From this point, the corridor heads southwest passing either to the east or west of the University of New Brunswick Saint John campus and the Saint John hospital, joining the preferred corridor west of Samuel Davis Drive." June 2, 2006 Page 3 South of Rockwood Park "The South of Rockwood Park variant parallels Marsh Creek between Route 1 and Rothesay Avenue. A HDD would be planned to cross Route 1 towards the southwest corner of Rockwood Park. The corridor then follows the Park boundary, joining the preferred corridor immediately east of Samuel Davis Drive." The information provided concludes: "Each of the above variants around Rockwood Park is an acceptable corridor based on a preliminary environmental and constructability review. However, in comparison to the preferred corridor, each would impact approximately 50 additional properties and a number of residences." RECOMMENDATION: This report be received as information. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development CLC Terrence Totten, F.C.A. City Manager Saint John District The Royal Canadian Legion 49 MacLean Road Grand Bay - Westfield, N.B. E5K 3K1 To The Mayor the Royal Canadian Legion is & City Council Members of the City of Saint John, N.B. Greetings:- 25`h 2006 At the District Rally of Saint John District, the Royal Canadian Legion on 13th May 2006, I made a Motion which was duly seconded and passed that; "the City of Saint John be approached for permission to add the names of Iraq and Afghanistan to the Cenotaph in King Square . thus honouring the members of the Canadian Armed Forces who have served and died in those areas of conflict." This year 2006, the Royal Canadian Legion is celebrating eighty years of service and Remembrance to our Veterans of various world conflicts, a service which we take very seriously, and of which we are extremely proud. What a better way for us to celebrate this Anniversary then to honour our new Veterans? The Saint John District of the Royal Canadian Legion will supply the suitably engraved plaques for mounting on the Cenotaph, should your permission be granted. I will make myself available, if you wish, to make a short presentation at a Council Meeting if you wish. Thank you for any consideration you may give to this request. In Remembrance, Pt Robert G. (Bob) Little, C.D., Saint John District Commander cam- T, I 333- (, (3 7� 5c�l e-