2010-02-01_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, February 1, 2010
Location: Common Council Chamber
Supplemental to Agenda
3.1 Committee of the Whole: Peel Plaza Capital Costs Agreement
3.2 (a) Committee of the Whole: Heritage Board Membership
3.2 (b) Committee of the Whole: Appointments to Committees
3.3 (a) Saint John Harbour Bridge Authority: Financing for Bridge Deck Rehabilitation
3.3 (b) Letter from MLA Stuart Jamieson Regarding Harbour Bridge
3.4 Committee of the Whole: A.E. McKay Builders Ltd. Linda Court
9.2(c) Letter of Opposition to Proposed Zoning By -Law Amendment 210 Lakewood Ave
13.2 Planning Advisory Committee: Subdivision Assent Bally Desmond Subdivision -2797
Loch Lomond Rd
City of Saint John
Seance du conseil communal
Le lundi, 1 fevrier 2010
Lieu Salle du conseil communal
Ordre du jour supplementaire
3.1 Comite plenier Place Peel
3.2(a) Comite plenier Comite des candidatures
3.2(b) Comite plenier Comite des candidatures
3.3(a) Administration du pont du port de Saint John Financement relatif a la refection du
tablier du pont
3.3 (b) Lettre de Stuart Jamieson, Depute provinciaux, concernant le pont du port
3.4 Comite plenier A.E. McKay Builders Ltd. Cour Linda
9.2(c) Lettres d'opposition au projet de modification de L'Arrete de zonage 210 Lakewood Ave
13.2 Comite consultatif d'urbanisme Consentement de lotissement Lotissement Bally
Desmond 2797, chemin Loch Lomond.
The City of Saint John
SAINT JOHN
February 1, 2010
Common Council of the City of Saint John
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole: Peel Plaza Capital Costs Agreement
The Committee of the Whole, having met on February 1, 2010, made the following
recommendation:
That Common Council approve the submitted text of the capital costs agreement
between the Province of New Brunswick and The City of Saint John in relation to the
Peel Plaza Project; and further that the Mayor and Common Clerk be authorized to
execute the Capital Costs Agreement."
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1
The City of Saint John
SAINT JOHN
February 1, 2010
Common Council of the City of Saint John
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole: Heritage Board Membership
The Committee of the Whole, having met on February 1, 2010, made the following
recommendation:
"That Council increase the current membership of the Heritage Board from 9 to 10
temporarily until the next vacancy occurs, at which time the membership will revert back
to 9 members."
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1
The City of Saint John
SAINT JO
February 1, 2010
Common Council of the City of Saint John
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole: Appointments to Committees
The Committee of the Whole, having met on February 1, 2010, recommended the
following appointments to committees:
Municipal Plan Citizens' Advisory Committee: to appoint Andrew Miller from February
1, 2010 to February 1, 2013
Taxation Review Committee: to appoint Brian Stone, Janice O'Connor George, Neal
Leard, Rob Scott, Lorene Johnson, Monica Chaperlin and Natasha O'Brien, each for a
one year term from February 1, 2010 until February 1, 2011.
Heritage Development Board: to appoint Richard Gradon for a three year term from
February 1, 2010 to February 1, 2013.
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca
C.P. 1971 Saint John, N.-B. Canada E2L 4L1
January 20, 2010
Saint john Har our tridge Autho
The Honourable John Baird
Minister of Transport, Infrastructure and Communities
Place de Ville
Ottawa, ON K I A ON5
The Honourable Denis Landry, Minister of Transportation
Province of New Brunswick
PO Box 6000, Fredericton, NB E2B 5H 1
His Worship/Mayor lvan Court,
v City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
29 KING STREET WEST, SAINT JOHN, N.B. E2M 7Y8 506 635
Dear Minister Baird, Minister Landry and Mayor Court,
Re: Financing for Bridge Deck Rehabilitation
Pursuant to Article 6 and 11 of the Memorandum of Agreement made the
7 day of July, 1966 between Her Majesty the Queen in Right of Canada
("Canada"), Her Majesty the Queen in Right of the Province of New
Brunswick, (the "Province") the City of Saint John, (the "City") and the Saint
John Harbour Bridge Authority, (the "Authority"), as amended June 29
1990 the Authority hereby seeks your approval to incur certain obligations.
The Authority submitted the attached budgets for approval on behalf of the
Government of Canada, and has, as of the date hereof, yet to receive
approval or disapproval. The Authority has been advised by its engineers
that a substantial amount of repair is required to maintain the safety of the
Saint John Harbour Bridge. The estimated expenditure is $35,000,000.00
which includes contingency amounts. The scope of the work has been
provided to M. Brian Hicks, Director of Bridge Policy and Programs and the
Saint John Harbour Bridge Authority -2-
January 20, 2010
amount has been included in the 2009-2010 budget submitted on April 30,
2009 which has yet to be approved or disapproved. Further, and due to the
nature and duration of the work involved, the work must be commenced by
the start of construction season, April 1, 2010 or an entire year will be lost.
The Authority has worked diligently towards acquiring and has a lender
willing to fund the expenditures but requires your approval before incurring
such obligation. It should be noted that no funding from Canada, the
Province or the City would be required should approval be forthcoming and
the Authority will be able to satisfy the obligation from operating revenues as
outlined in the budget as submitted.
The Authority deems it prudent and necessary to incur such obligations and
expenditures and hereby requests the approval, in writing, of Canada, the
Province and the City. As time is of the essence for these expenditures and
further pursuant to Article 6 and 11 the Authority request that your response
in writing be submitted to the Authority by January 31, 2010.
To expedite this matter we are contacting all parties concurrently in hopes
that we may receive the required approvals in counterparts.
Should you require anything further, please do not hesitate to contact the
Authority.
Yours truly,
SAINT JOHN HARBOUR BRIDGE AUTHORITY
m c-4.6e7r>al
Robert McDevitt
Board Chair
CC Mr, Rodney Weston, MP
The Honourable Keith Ashfield Minister of National Revenue, Minister of
t he Atlantic Canada Opportunities Agency and Minister for the Atlantic Gateway
Hon. Shawn Graham, Premier of New Brunswick
Hon. Jack Keir, Minister of Energy
Revenue:
TOLL REVENUE
MISCELLANEOUS INCOME
Total Revenue
Expenditures:
ADMINISTRATION:
SALARIES AND BENEFITS
OFFICE EQUIPMENT
TELEPHONE SERVICES
STATIONARY AND SUPPLIES
IARMOURED CAR/SECURITY SERVICE
'TRAVEL
PUBLIC RELATIONS /ADVERTISING
(COMMISSIONERS FEES
'AUDIT FEES
ILEGAL FEES
ENGINEERING FEES ANN. INSPEC
ADMINISTRATION SUNDRY
TAXES REAL ESTATE
LUNCHROOM SUPPLIES/ LUNCHES
STAFF TRAINING
BANK SERVICE CHARGES
ADMINISTRATION SUB TOTAL:
OPERATIONS
!TOLL EQUIPMENT PARTS
TOLL EQUIPMENTService Agreement
I INSURANCE
IELECTRICITYBUILDINGS PLAZA
IHEATING FUEL WATER
ITOLL PERSONNEL WAGES
'BRIDGE POLICING
OPERATIONS GENERAL
OPERATIONS Sub Total
!MAINTENANCE
I UNIFORMS
ISMALL TOOLS EQUIPMENT
I EQUIPMENT REPAIRS RENTAL
ENGINEERING FEES PROJECTS
ROAD SURFACING
(YEARLY PAINTING MISC.
ICONTINGENCY DECK REPAIRS
I PIER GIRDER REPAIRS
'UNDERWATER INSPECTION
MOTOR VEHICLE OPERATION
TOLL COLLECTION EQUIPMENT
(ELECTRICAL MECHANICAL
ISIGNS
REPAIRS MAINTENANCE
JANITORIAL SERVICES
ICONTINGENCIES
1 BRIDGE ICE MELT SUPPLIES
MINOR CAPITAL PROJECTS
MAINTENANCE Sub Total
Total Recurrinp Expenses
MAJOR CAPITAL- DECK REHAB
BANK LOAN PAYMENTS
Total Expenses
Net Operating Surplus(Deficit)
Date.
Date',
Date
Saint John Harbour Bridge Authority
5 Year Budget Forecast
BUDGET
2009/10
BUDGET 1 BUDGET F BUDGET I BUDGET
2010/11 2011/12 1 2012/13 1 2013/14
1
4,966,000 4,641,000 5,191,000 1 7,021,000 7,591,000
109,000 109,000 109,000 1 109,000 109,000
5,075,000 4,750,000 5,300,000 1 7,130,000 d 7,700,000
526,515 I 8 542,445 558,823 I 575,713 9 593,133
10,500 10,625 11,256 11,394 5 11,539
16,000 1 16,500 17,000 17,250 17,750
13,500 1 8,580 9,362 9.445 9,830
9,000 1 9,270 9,548 9,835 10,130
10,500 1 10,500 10,500 5 10,500 10,500
68,000 1 68,000 68,000 68,000 68,000
25.000 I 25.000 25,750 26,523 27,318
10,000 1 10,000 10,000 12,000 12,000
15,000' 15,000 15,000 15,000 15,000
60,000 1 60,000 60,000 63,000 63,000
17,000 17,000 17,000 17,000 17,000
55,000 5 57,750 60.638 63,669 66,853
10,000 10,500 10,500 11,500 1 11,500
5,000 5,000 5,000 7,500 I 7,500
20,000 21,000 22,050 23,153 1 24,310
871,015 887,170 910,426 941,481 965,362
25,000 8 25,000 25,000 25,000 1 25,000
40,000 40,000 40,000 5 40,000 1 40,000
215,000 225.750 237,038 248,889 261,334
46,000 47,380 48,801 50,265 51,773
17,500 17,700 17,910 18,806 19,746
580,000 597,400 615,322 633,782 652,795
20,000 5 20,000 20,000 20,000 20,000
10,000 10,125 10,256 10,894 11,039
953,500 983,355 1,014,327 1,047,636 1,081.687
2,500 3,000 3,000 3,000 S
5 5,000 5,000 5,000 5,000
9,000 9,000 9,000 10,000
500,000 500.000 500,000 250,000
85,000 85,000 85,000 85,000
10,000 10,000 10,000 10,000
25.000 25,000 25,000 25,000
1,500,000
50,000
71,500 65,500 66,550 69,153 70,310
20,000 20,000 20,000 20,000 20,000
130.000 10,000 10,000 10,000 10,000
10,000 10,000 10,000 10,000 10,000
54,000 54,250 55,013 55,288 55,578
12,500 12,785 13,079 13,381 13,692
20,000 1 20,000 20,000 20,000 20,000
25,000 25,000 25,000 30,000 30,000
40,000 1 25,000 25.000 25,000 25,000
2,569,500 1 879,535 881,641 640,822 643,080
4,394,015 1 2,750,060 2,806.394 2,629,938 2,690,129
1 18.000,000 1 17,000,000
660,000 1 660,000 1 660.000 4,106,530 4,106.530
5 5,054,015 I 21,410,060 1 20,466,394 6,736,468 6,796,659
20,985 1 (16,660,060)1 5 (15,166,394) 393,532 903,341
Approved By
Minister of Transport
Government of Canada
Minister of Transportation
Province of New Brunswick
Mayor, City of Saint John
3,500 1
5,000 1
10.0001
250,000 1
85,000 1
10,000
25,000
February 1, 2010
Mayor Ivan Court
City of Saint John
15 Market Square
P. O. Box 1971
Saint John, NB E2L 4L1
Dear Mayor Court:
This correspondence is to set the record straight on the operation of the Harbour Bridge and its
repairs. The Province continues to support the Harbour Bridge Authority in its role overseeing
the operation of the Harbour Bridge. The collection of tolls is used to maintain the operation, the
maintenance, the future repairs of the infrastructure, as well as, the employment of the people
who oversee its operation.
The Province has indicated to the Federal Government that if they wish the Province to take
over that role, then there is a cost for the Province to do that. We have sent a letter to the
Federal Government indicating what that cost could be now and over the next 40 years. We
have not received a reply.
I have indicated to the Member of Parliament, Rodney Weston, as I will indicate to the Mayor
and Council, that if we are approached for a loan guarantee for the 35 million dollars needed to
repair the bridge, we would be willing to consider that request as long as we have a letter
indicating that neither the City nor the Federal Government wish to see the removal of tolls.
Otherwise, we would not become involved until the Federal Government either considers our
request for a long term cost recovery or to continue with the Harbour Bridge Authority operating
the Harbour Bridge as it has to this point.
Respectfully Yours,
Stuart Jamieson
MLA Saint John Fundy
Minister of Tourism and Parks
Regional Minister
The City of Saint John
SAINT JOHN
February 1, 2010
Common Council of the City of Saint John
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole: A.E McKay Builders Ltd. Linda Court
The Committee of the Whole, having met on February 1, 2010, made the following
recommendation:
That the City Solicitor or his designate be directed to commence and proceed, pursuant
to Rule 69 of Rules of Court, with an application for Judicial Review of the December,
2009 decision of the Assessment and Planning Appeal Board in the matter of the PAC of
The City of Saint John and A.E. McKay Builders Ltd."
Respectfully Submitted,
Jonathan Taylor,
Assistant Common Clerk
P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintiohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1
�ornrnonCouoci|
City od Saint John
P.O. Bo: 1871
Saint John, NB
E2L4L1
StephenR4cAu6ffe
131 Lakeview Dr
Saint John, NB
E2J3b6Q
Deark4ayor and Council:
On behalf of the citizen's of Saint John that live in Lakewood Heights l do not approve of the
rezoning of the property located ad210 Lakewood Avenue,
BuQding neighbourhoods must be done in the context of the health and well being ofthe
community as a whole
The City of Saint John Planning and Development. Department has to start paying attention to how
we grow before problems arise,
VVHo helped develop the neighbourhood that is now Lakewood Heights?
It was the result of the hard work and resolve of the current residents that future developers can
enjoy the possibilities 0! new development in this area.
Why has the City of Saint John Panning Department Ignored the fact that streets orginally
designedforuuburbanonefarni|yanduaborbantwohamUy from R-2,
R-4 four family), and "TH" town houses?
11 will obv be a safety concern for small chdren trying to cross the street to attend Lakewood
Heights Elementary School.
What solutions has the ning Department proposed for the fut ne|ar8e
volume of traffic that will use these streets?
Developers of Large and Medium size buids should have to be responsbIe tor trathc calming
asur nearby
There must be a balance of new growth with existing residents.
Roads in Saint John are gettin more congested with growing demands for new infrastructure,
while older infrastruct rerennoinsunirnprmved.
Lgkeviewdhvevvi||havothemoat'`Norma|F|nw''nftnafDoandiainpoorconditionatbeatandtuu
narrow for large volumes of traffic.
Summit drive a main street in Lakewood Heights has been allowed to be d ded so poorly that
t can he argued that it is comparable to a rolier oaster r It a]so has no sidewa and i
already being used to support a newly rezoned R-2 section at the back of Lakewood Heights.
Linkages between new and existing neighbourhoods, and how they relate to each other are
equally important.
Roads must be improved prior to any consideration of future rezoning in Lakewood Heights.
Streets and Trips Portable Cnternet.v2
Copyright P. 198 8-2005 Microsoft Corp. andfor its suppliers. All rights reserved. hltp :flwww,microsoft.comistreetsl
2004 NAVTEQ. Alt rights reserved. This data includes information taken will permission from Canadian authorities 0 Her Majesty the Queen in Right at Canada Copyright 2004 by TeleAtlas North America, Inc. All rights reserved.
111
M& C 2010-33
February 1, 2010
TTOCO
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councilors:
COUNCIL
SUBJECT: Subdivision Assent
Bally Desmond Subdivision 2797 Loch Lomond Road
BACKGROUND:
On December 16, 2008 the Planning Advisory Committee considered a rezoning
and subdivision application for Phase 2 of the Bally Desmond Subdivision at
2797 Loch Lomond Road. Staff and the Planning Advisory Committee
recommended that Council approve the rezoning and assent to the proposed 20-lot
rural residential subdivision on a new public street, as can be seen on the attached
December 17, 2008 letter from the Committee to Council.
Common Council held the public hearing and gave first and second reading for
the proposed rezoning on December 22, 2008. Third reading was given and
Section 39 conditions were imposed on the rezoning on January 5, 2009.
In addition to the rezoning, Council also considered the proposed subdivision at
its meeting of December 22, 2009. As recommended, Council assented to the
proposed Land for Public Purposes dedication and the preparation of a
City/Developer Subdivision Agreement. However, it appears from the minutes of
that meeting that the required assent to the proposed subdivision plan, municipal
services and public utility easements was either not given by Council or not
recorded in the minutes.
As a result, Planning and Development staff are unable to sign the submitted
Bally Desmond Subdivision, Phase 2 Plans although all other aspects of the
subdivision have been approved by Council and the Municipal Operations and
Engineering Departments.
City of Saint John
M&C-2010-33 -2
It is therefore recommended that Common Council assent to the submitted
Subdivision Plan, municipal services and public utility easements as originally
recommended to allow the proposed subdivision to proceed.
RECOMMENDATION:
That Common Council assent to one or more subdivision plans, in one or more
phases, for the proposed 20 lots of the Bally Desmond Subdivision Phase 2, and
to any required municipal services or public utility easements.
Respectfully submitted,
SH
n Forrest, MCIP, RPP
mmissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
Planning
Advisory Committee
RECOMMENDATION:
P.O. Box 197i
Saint John
New Brunswick
Canada Ea 4L1
5k.,0 658-2800
December 17, 2008
Your Worship and Councillors:
SUBJECT: Rezoning and Subdivision 2797 Loch Lomond Road
On November 24, 2008 Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at its December 16, 2008 meeting.
Mr. Gerry Roberts, Kierstead Quigley and Roberts, and Mr. Joe Mallette appeared
to speak in support of the application. No one appeared to speak in opposition
and no letters were received.
The Committee discussed the results of the Comprehensive Water Supply Source
Assessment for this development, and Mr. Mallette indicated that he would be
willing to notify buyers of the potential for issues with groundwater quality and
quantity.
The Committee adopted the amended recommendation as set out below. The
Committee also approved the proposed street names for Mallory Street and
Meredith Avenue.
That Common Council rezone a parcel of land having an area of
approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond
Road, also identified as being a portion of PID Number 00326223 from
"RS-1" One and Two Family Suburban Residential to "RR" One Family
Rural Residential.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed development of the parcel of land with an area of
approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond
Road, also identified as being PID Numbers 00326223, be subject to the
condition that the developer notify buyers in writing of potential
groundwater quality and quantity concerns.
3. That Common Council assent to one or more subdivision plans, in one or
more phases, for the proposed 20 lots of the Bally Desmond Subdivision
City of Saint ohn
Planning Advisory Com—A-tee Page 2
December 18, 2008
Phase 2, and to any required municipal services or public utility
easements.
4. That Common Council assent to the proposed Land for Public Purposes
dedication having an area of approximately 1.14 hectares (2.8 acres).
5. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement(s) to ensure provision of the
required work, including detailed street and drainage plans for the
approval of the Chief City Engineer or his designate.
Resp t itted,
Stephen Horgan
Chairman
SKH
Attachments
Project No, 08-534