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2009-05-25_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, May 25, 2009 Regular Meeting 1. Call to Order - Prayer 5:00 P.M. Council Chamber 2. Approval of Minutes 2.1 Minutes of April 27 and May 4, 2009. 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter Regarding Deputy Mayor Attending UNB Board of Governors in Mayor's Absence (Recommendation: Receive for Information) 5.2 Common Council Meeting Schedule for June 2009 (Recommendation in Report) 5.3 Reardon Letter Regarding Granite Curbing Replacement (Recommendation: Receive for Information) 5.4 Engineering Services for the Replacement of Ventilation Exhaust System, Central Fleet Garage (Recommendation in Report) 5.5 Washroom Upgrade City Market (Recommendation in Report) 5.6 Engineering Services - Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2009 (Recommendation in Report) 5.7 Leisure Services Advisory Board Support for Fence at Samuel de Champlain School (Recommendation: Receive for Information). 5.8 Shamrock Park Land Issues (Recommendation: Receive for Information) 5.9 Establishment Change - Municipal Engineering Resources (Recommendation in Report) 5.10 Wellfield Protection Study (Recommendation: Receive for Information). 5.11 Adelaide Street Maintenance Garage Change Order Due to Site Conditions (Recommendation in Report) 5.12 Proposed Public Hearings 251 Wentworth St (Recommendation in Report) 5.13 Stop Up and Close Portion of Mitchell St (Recommendation in Report) 5.14 Stop Up and Close Portion of Crown St (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Disability Awareness Week May 31 st to June 6th, 2009 7.2 National Safe Kid's Week May 25th to May 31 st, 2009 8. Delegations/ Presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By-Law Amendment 372 Ludlow Street 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By-Law Amendment 388 University Avenue 9.2(b) Planning Advisory Committee Recommending Rezoning 93(a) Proposed Zoning By-Law Amendment 10 Technology Drive 93(b) Planning Advisory Committee Recommending Rezoning 9.4(a,b) Proposed Municipal Plan and Zoning By-Law Amendments 188 and 196 Mount Pleasant Avenue East 9.4(c) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments 9.5(a,b) Proposed Municipal Plan & Zoning By-Law Amendments 185-187 Golden Grove Rd 9.5(c) Planning Advisory Committee Recommending Denial of Municipal Plan Amendment and Rezoning 10. Consideration of By-laws 10.1(a)Third Reading Zoning By-Law Amendments 37 Northumberland Ave 10.1(b) Section 39 Conditions 10.2(a) Third Reading Zoninig By-Law Amendment 83 Hawthorne Ave and 90 Parks St Extension 103 Public Presentation - Proposed Municipal Plan Amendment 994-1000 Rothesay Rd. 10.4 Public Presentation - Proposed Municipal Plan Amendment 47-51 and 63-69 Ross Street and 72-74 St. James St. 11. Submissions by Council Members 11.1 Employee Questionnaire (Councillor Higgins)(Forwarded from May 11, 2009) 11.2 Reduction in Remuneration for Elected Members (Councillor Hig(-I,ins)(Forwarded from May 11, 2009) 11. 13 Industrial Water User Water Rates (Deputy Mayor Chase) 11.4 Affordable Housing Strategy (Councillor McGuire) 11.5 Enterprise Saint John West Retail Development Forum (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Common Clerk - Efficiency of Council Meetings (Forwarded from May 11, 2009) 12.1(a) Letter - Frequency of Council Meetings 12.1(b) Letter - Procedure During Debate 12.2 City Manager: Accessability for Citizens with Disabilities (Forwarded from May 11, 2009) 12.3 City Manager: 85 Hayes Avenue - Zoning By-law Violation (Forwarded from May 11, 2009) 12.4 City Manager: 937 Hillcrest Road - Zoning By-law Violation (Forwarded from May 11, 2009) 12.5 City Manager: Public Information Session Pipeline Rd West Water Transmission Main Installation from Spruce Lake to Gault Rd (Forwarded from May 11, 2009) 12.6 City Manager: City of Saint John Website (Forwarded from May 11, 2009) 12.7 City Manager: St Joseph's Hospital Foundation - Care Connection Campaign (Forwarded from May 11, 2009) 12.8 City Manager: Stop Up and Close of Mitchell St (Forwarded from May 11, 2009) 12.9 City Manager: Presentation - Reversing Falls Master Plan (Forwarded from May 11, 2009) 12. 10 City Manager: Grant Requests - Boys and Girls Club of Saint John, South End Days Committee (Forwarded from May 11, 2009) 12.11 City Manager: An Accountability Framework for The City of Saint John (Forwarded from May 11, 2009) 12.12 City Manager: Value Engineering Update - Action Plan for Safe, Clean Drinking Water 12.13 City Manager: Westfield Road Reconstruction 12.14 City Manager: Proposed Zoning By-law Amendments for Accessory Buildings and Structures 13. Committee Reports 13.1 Saint John Parking Commission: ecoMobility Agreement - Funding from Transport Canada (Forwarded from May 11, 2009) 13.1(a) Committee of the Whole: ecoMobility Funding Agreement Revised Resolution (Forwarded from May 11, 2009) 13.2 Committee of the Whole: Collection of Water and Sewerage Arrears in Small Claims Court (Forwarded from May 11, 2009) 13.3 Leisure Services Advisory Board: Renaming of the Allison Grounds to the Mabel Phoebe Peters Playground 13.4 Uptown Saint John: Request to Permit Statutory Holiday Shopping 13.5 Planning Advisory Commitee: Douglas Heights Subdivision - Phase 4, 296 Morrison Road 13.6 Uptown Saint John: Request to Reconsider Removal of Granite Curbing 14. Consideration of Issues Separated from Consent Agenda 14.1 Capital Reallocation Saint John Industrial Parks 15. General Correspondence 15.1 Canada Day Countdown Request to Appear Before Council (Forwarded from May 11, 2009) 15.2 New Brunswick Police Association Request to Present 15.3 Rodgers Letter Regarding 2002 Pension Resolution 16. Adjournment 3 City of Saint John Seance du conseil communal Le lundi 25 mai 2009 Seance ordinaire 1. Ouverture de la seance, suivie de la priere 1700 h 2. Approbation du proces-verbal 2.1 Proces-verbal des seances tenues le 27 avril et le 4 mai 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de M. Teed relative a la participation du maire suppl6ant au conseil des gouverneurs de UNB, en l'absence du maire 5.2 Calendrier des reunions du conseil communal pour join 2009 (recommandation figurant au rapport) 5.3 Lettre de Reardon relative au remplacement d'une bordure en granite par une en b6ton 5.4 Remplacement du systeme de ventilation/d'6vacuation au garage central de la flotte (recommandation figurant au rapport) 5.5 Soumission 2009-085101T Modernisation des toilettes - Vieux Marche (recommandation figurant au rapport) 5.6 Services d'ing6nierie : b6ton asphaltique, b6tons de ciment Portland et evaluation et inspection des sols pour 2009 (recommandation figurant au rapport) 5.7 Appui du Conseil consultatif des services des loisirs relativement a l'installation dune cl6ture a 1'6cole Samuel-de-Champlain (recommandation accepter a titre informatif) 5.8 Questions lilies au bien-fonds du parc Shamrock (recommandation : accepter a titre informatif) 5.9 Modifications apport6es a 1'effectif - ressources du genie municipal (recommandation figurant au rapport) 5.10 Etude de protection des champs de captage (recommandation : accepter a titre informatif) 5.11 Ordre de modification pour 1'entrep6t du materiel d'entretien situ6 dans la nee Adelaide en raison des conditions du site (recommandation figurant au rapport) 5.12 Audiences publiques visant le 251, rue Wentworth (recommandation figurant au rapport) 5.13 Fermeture et barrage dune partie de la nee Mitchell (recommandation figurant au rapport) 5.14 Fermeture et barrage d'une partie de la re Crown (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de sensibilisation a la situation des personnes handicap6es, du 31 mai au 6 join 2009 7.2 Semaine nationale S6curiJeunes, du 25 mai au 31 mai 2009 8. Delegations et presentations 9. Audiences publiques 1900 h 9.1a) Projet de modification de 1'arret6 de zonage visant le 372, re Ludlow 9. lb) Rapport du Comit6 consultatif d'urbanisme recom mandant le rezonage 9.2a) Projet de modification de 1'arret6 de zonage visant le 388, avenue University 9.2b) Comit6 consultatif d'urbanisme recommandant le rezonage 93a) Projet de modification de 1'arret6 de zonage visant le 10, promenade Technology 93b) Comit6 consultatif d'urbanisme recom mandant le rezonage 9.4a, b) Projet de modification du plan d'am6nagement et de 1'arret6 de zonage visant les 188 et 196, avenue Mount Pleasant Est 9.4c) Comit6 consultatif d'urbanisme recom mandant les modifications relatives au plan municipal et au rezonage 9.5a, b) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant les 185 et 187, chemin Golden Grove 9.5c) Comit6 consultatif d'urbanisme recom mandant la modification du plan municipal et le rezonage 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 3 7, avenue Northumberland 10.1b) Conditions impos6es par Particle 39 10.2a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 83, avenue Hawthorne et le prolongement dormant sur le 90, re Parks 10.3 Presentation publique relative au projet de modification du plan municipal visant le 994-1000, chemin Rothesay 10.4 Presentation publique relative au projet de modification du plan municipal visant le 47-51 et le 63-69, re Ross et le 72-74, re St. James 11. Interventions des membres du conseil 11.1 Questionnaires des employes (conseiller Higgins) (point report6 de la seance du 11 mai 2009) 11.2 Reduction de la remuneration des membres Ous (conseiller Higgins) (point report6 de la seance du 11 mai 2009) 113 Tarifs des utilisateurs d'eau industriels (maire suppl6ant Chase) 11.4 Strat6gie en mati&re de logements abordables (conseiller McGuire) 11.5 Form tenu par Enterprise Saint John concernant l'am6nagement commercial a Saint John Ouest (conseiller McGuire) 12. Affaires municipales evoquees par les fouctionnaires municipaux 12.1 Greffi&re communale - Efficacit6 des seances du conseil (point report6 de la seance du 11 mai 2009) 12. la) Lettre - Fr6quence des seances du conseil 12. lb) Lettre - Procedure pendant les deliberations 12.5 Directeur general : Accessibilit6 des citoyens handicap6s (point report6 de la seance du 11 mai 2009) 12.3 Directeur general : 85, avenue Hayes - Infractions a 1'arret6 de zonage (point report6 de la seance du 11 mai 2009) 12.4 Directeur general : 937, chemin Hillcrest - Infractions a 1'arret6 de zonage (point report6 de la seance du 11 mai 2009) 12.5 Directeur general : Seance d'information publique relative a l'installation de la conduite d'eau principale du chemin Pipeline Ouest, du lac Spruce au chemin Gault (point report6 de la seance du 11 mai 2009) 12.6 Directeur general : Site Web de The City of Saint John (point report6 de la seance du 11 mai 2009) 12.7 Directeur general : Fondation de 116pital St. Joseph's - Campagne Care Connections (point report6 de la seance du 11 mai 2009) 12.8 Directeur general : Fermeture et barrage de la rue Mitchell (point report6 de la seance du 11 mai 2009) 12.9 Directeur general : Presentation - Plan d'am6nagement des chutes r6versibles (point report6 de la seance du 11 mai 2009) 12.10 Directeur general : Demande de subvention : Club garcons et filles de Saint John, Comit6 des journ6es du quartier sud (point report6 de la seance du 11 mai 2009) 12.11 Directeur general : Cadre redditionnel de The City of Saint John (point report6 de la seance du 11 mai 2009) 12.12 Directeur general : Mise a jour relative a Value Engineering Services - Plan d'action pour la salubrit6 et la propret6 de 1eau potable 12.13 Directeur general : Refection du chemin Westfield 12.14 Directeur general : Projet de modifications de 1'arret6 de zonage pour les batiments et constrictions annexes 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Entente relative au programme 6coMOBILITE - Financement de Transports Canada (point report6 de la seance du 11 mai 2009) 13.1a) Comit6 p16nier : Resolution r6vis6e relative a 1'entente de Financement du programme 6coMOBILITE (point report6 de la seance du 11 mai 2009) 13.2 Comit6 pl6nier : Collecte des arri6r6s des services d'aqueduc et d'6gouts a la Cour des petites cr6ances (point report6 de la seance du 11 mai 2009) 133 Conseil consultatif des services des loisirs Changement de nom du terrain Allison Grounds, d6sormais appele le terrain de jeu Mabel Phoebe Peters Playground 13.4 Uptown Saint John : Demande d'autorisation de magasinage les jours f6ri6s 13.5 Comit6 consultatif d'urbanisme : Phase 4 du lotissement Douglas Heights au 296, chemin Morrison 13.6 Uptown Saint John : Demande de r6examen du retrait des bordures en granite 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Demande soumise par Compte a rebours de la fete du Canada en vue de faire une presentation devant le conseil (point report6 de la seance du 11 mai 2009) 6 15.2 Demande soumise par 1'Association de police du Nouveau-Brunswick en vue de faire une presentation devant le conseil 15.; Lettre de Rod-ers concernant la resolution de 2002 relative au re()ime de retraite 16. Levee de la seance 94419 COMM COLMUCONSOL CAMML APRIL 27 & MAY 4, XMLIES 27 APRIL Er 4 MIAI 2009 COMMON COUNCIL mEEnK G- THE aTY OF SAINT JOHN aTYHALL -April 271", 2009 - 7:00 P.NL Present: Ivan Coat, Mbyor Deputy Mbyor Chase and Councillors Court, Fanren, NlIen, Higgins, McGuire, Mott, Snook, Sullivan, and Titus - and - T Totten, City Mbnager; F. Beaulieu, Solicitor, G Yew-ms, Corrmissiot-" of Finance and Treasurer, B. McGovern, Municipal Operations; S Hemng, Planning and Developrrent; A Poffenrotlh, Deputy Cci issia'" of Buildings and Inspection Services; A Beckett, Deputy City MmW, B. Reid, Chief of Pdioe, M. Gillen, Deputy Fire Chief, B. Morrison, Commissioner of Leisure Services; E Gomiey, Common Clerk and J. Beltrandi Choiuh, Achinistrative Assistant. SEANCE DU CMML COMMLP44L DE THE aTY OF SAINT JOHN TENLIE A L'HOTEL DE VILLE, LE 27 APRIL 2009 A 19 H Etaient presents : Ivan Court, moire le n-dre suppleant Chase et les conseillers Court, Fanren, NlIen, Higgins, McGuire, Mott, Snook, Sullivan et Titus et T Totten, directeur general; F. Beaulieu, avocat municipal; G Yew-ans, odmmssaire aux finances et treswer, B. NcGovem, Servile des operations m nicpales; S. Hemng, urbansme et developperrent; A Pofenroth, ommissaire adjart aux services dinspection et des b6itim3 ts; A Beckett, directeu- general adjoint; B. Reid, chef de police; M. Gillen, chef a4oint du servile dincendie, B. Momson, commissaire aux services des lasirs; ainsi clue E Gormley, g-effiere conmrale et J. Beltrandi Chown, a4ointe administrative. 1. Call To Order -Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. 1. Ouverture de la seance, suvie de la prime La seance est ouverte par le n-dre Court, et le conseiller Snook recite la priere do rverhxe. Approval of Minultes On motion of Councillor Titus Seconded by Councillor McGuire RESCL\/ED that the minutes of the meeting of Comm Council held on Nbrch 30, 2009, be approved Question being taken, the mmtion was carried Approbation du prooes-verbal Proposition du croseiller Titus Appcyee par le conseiller Mire RESCLU que le prooes-verbal de la seance du Conseil cmTax l tenue le 30 mars 2009 sat app-ouve. A Pissue du vote, la proposition est adoptee. 94.420 COMMON ©OLMUCONSBL CANNLAVAL APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 a Approval of Agenda Cn action of Ca.ncillor Titus Seconded by Ca.ndllor Snook RESOLVED that the agenda of this meeting be approved v& the addition of items 13.6 Comrittee of the VV-de Peel Plaza Project - Project Manager, 13.7 .Comrittee of the VV-de Appointment to the Board of Pdioe Comrissioners; 13.8 Comrittee of the VV-de Feel Plaza Expenditures; 13.9 Committee of the V\rde Pension Presentation Question being taken, the motion was carried a Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Shook RESCLU que I'ord-e du jour de la presente reunicn sit adopte, rroyennarnt I'ajout du point 13.6, Comte 06nier du Pr* de la place Peel - Gestiornaire de projet. 13.7 Comite 06nier- Ncn ination au sein du B+ reau des =Tiss sires de la polio, 13.8 Comte 06 ier drarge cfetudier les depenses liees au Pr* de la place Peel; 13.9 Comte plenier : Presentation du programYe des pensions. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Corflict of Interest 4. Divulgations de corflits dinterets 5. Consent Agenda 5.1 That the Environrrent Comrittee's request to present wards be referred to the Clerk to schedule. 5.2 That as recon n aided by the City Manager, the proposal of Hargrave and Company for engineering sermoes related to the Potion Plan for Safe, Clean Drinking Voter be accepted and that the mayor and amyon Clerk be authorized to execute the appropriate docurrentation in that regard. 5.3(a & b) (Refer to item 14.1) 5.4 That as recorrnancled by the City Manager, tender 2009-084901T: Asphalt Reinstaterml of Utility Cuts, be warded to the low bidder meeting all tender requrerrents, classic Constri lion Ltd., at the tendered price of $97.00/m2, plus taxes. 5.5 That as recorrnanded by the City Manager, the proposal submitted by Dillon Consulting for the sevioes of a qualified hydro-geologist and land use planner to study the carrying rapacity of the aquifer(s) supplying w ter to private %dIs for existing and future developrrent in the Loch Lomond Road and Fillcrest Road in the amount of $30,980.00 plus teK be accepted. 5.6 That as recorrnanded by the City Manager, the tender for the supply and installation of 12 flag poles, 15 flags and the relocation of three existing poles be awarded to Fundy Fending Ltd. of Saint John, NB at a cost of $29,400.00 plus HST. 5.7 That as recorrnpncled by the City Manager 1) The Corrnhcrr Caxxal resolution of Decerrber 16th 2002 dealing v& a proposed subdivision plan for a public street over a portion of property line north side of UnversityAvenue be resdnded. 2) Common Caml authorize the filing of a subdivision plan to create a public street of 675 square metres through lands identified as being RD number 00469486 as generally slam on the submitted plan. 3) The Corn= Ca ml resolution of April 28, 2008 providing for a Section 101 Agreement betveen The City of Saint John and Caliber Consulting Limited in accordance v& the conditions imposed by the Planning A Asory Committee regarding the inprovements on the City am-ed property along U ive city Avenue, also identified as being RD numce' 00469486 be amended by adding the blowing as proposed by the Developer, Tinterstone Developments Inc: COMM COLMUCONSOL COMML APRIL 27 & MAY 4y' XMLES 27 APRIL Er 4 MIAI 2009 a) The Developer mast reimburse the City for all cost and expenses incurred by the letter in preparation, subn itting and processing of a petition to the Legislature for a private legislation that vwuld ramve from the terms of the Tucker Trust so called, the land identified as Arlington Crescent 20,000 m (675rr2) v~idth (Rhic Street) on a plan entitled "Subdivision Ran City of Saint John Subdivision situated East of LhiversityAvenue, City of Saint John, County of Saint Jchn, Province of New Brunsnick " (A N. B. L.S. I\b. 179673) dated April 21, 2009 suvered by And env K Tools NELS# 379. 4) The City Solicitor or his designate be authorized to petition Hs Honour, the Lieutenant Governor and the Legislative Assembly on behalf of The City of Saint John to enact an act to remove from the terms and conditions contained in the \tWl of the date Joseph Tucker the lands designated "Arlington Crescent" described in section 2(a) above and to permit the sare to be used as a public street. 5.8 That as reocn rianded by the City Manager, Cam w Council schedule the public hearings for the rezoning applications of Matrix Manage rBl Inc (372 Ludlow Street), N. B. Department of Supply & Services (388 University Avenue) and Comeau MacKenzie Architecture (10 Technology Drive) for Mbnday, May 25, 2009 at 7:00p rn. in the Council Charrber, and refer the applications to the Ranning Advisory Conrrittee for report and recomTnenclation. 5.9 That as recorrrranded by the City Manager, Corn on Council approve the subrritted Temps & Conditions of Enpdoyrrent to the City's Non-Union Ach inistrative Personnel as presented. 5.10 That as recmTnaided by the City Manager, Co Tm Council endorse the v etlands rereciiatiah projects proposed for CcId Brook arnd Marsh Line as described in the subrritted materials and that the Mayor arnd Common Clerk be authorized to sign the submitted agreenent betvxn the City and Cznaport LNG to ailoNfor access to these properties to carry out engineering and ehvirahrrentai assessments. 5.11 That additio rai funding in the arrou-nt of $110,000 plus HST be eilocated under the 2009 Capital program for the lighting upgrade at Harbour Station. 5.12 That as recorrrr a nded by the City Manager, Corn on Council amend its resolution of March 30, 2009 by adding the follming at the end of the resolution, "4. That Cam-on Ca.mdl assent to the scbmtted photo-red-iced Tentative Stibdivision Ram - LT.S Investments Inc. \t& respect to any necessary m moped services easements." Can motion of Councillor Titus Seconded by Councillor McGuire RESCUED that the recorrmprnclation set out for each consent agenda item respectively Wth the exception of item 5.3(a)(b), % hich has been identified for debate, be adopted. Question being taken, the mmtion was carried 5. Questions scumises a I'approbation du co nsed 5.1 C ae la denn3nde de presentation de la part du ccnite su-1'ehvirahnement relative a la presentation de prix sat transnise a la gefiere pour qu'elle fixe we date de presentation. 5.2 Qae, corrn e le recorrrrende le cirecteur general, la prcposition de Hargrave & Conpany visa-it Ies services dingenierie relatifs aU plan daction par la saiubrite et la proprete de I'eaa potable sat aooeptee, et que le rreire et le greffier cor u-d soient aiutonses a signer la documentation exagee a oat egard. 5.3 (a et b) (Voir le pant 14.1) 5.4 Qae, drama le reom rrende le cirecteur general, la souhission n° 2009-084901T, relative a la restauratian de I'asphalte des tranchees destinees au x services publics, sat acccrdee au scurrissiahnaire le rroins clisant repondant atoutes Ies exagerres de la sournssion Classic Construction Ltd., au prix offert de 97 $1d, taxes en sus. 10 94.422 COMMON ©OLMUCONSBL CANNLAVAL APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 5.5 Que, c mm-e le recomr arde le drecteur general, la proposition presentee par Dillon Ca-.suiting visart les services dui hydrogedogue et dun planificateur de l'uutilisation du sd quualifre afin detudier la capadte Iinite des aquiferes qui fo,rrisse7t cle I'eau aux puits pour les projets danrrnagenent e-istants et a verir sur les chen ns Loch Lomond et HIlorest dui mcntant de 30 980 takes en sus, sat acceptee. 5.6 Que, came le recarrrande le drecteur general, la sonission relative a la fourniture et a ('installation cle 12 nets cle drapeau et cle 15 drapeaLK ainsi que le deplacerrent de trois nuts emstarits, sat acoordee a Fundy Fencing Ltd., situee a Saint Join (N.-B.) pour u n nmritant de 29 400 $ (TVH en sus). 5.7 Que, oam-e le reconrrande le drecteur general : 1) La resouution du oonseil comxnal du 16 dece -bre 2002 traitarrt dun projet cle plan de lotisserrent dune rue publique errpietant su r une potion cle propriete du secteur nord cle I'avexre University sat annu ee. 2) Le conseil c mmnal auutaise le depot dui plan de lotisserant dune rue puublique cle 675 d par le ben-fords insait sous le ND 00469486, c m7m le moftre cle n-miere gbnbrale le oroquis. 3) La resouution du conseil co Tm-d du 28 avril 2008 en faveu r cle 1'ertente relative a I'artide 101 entre The City of Saint John et Caliber Consulting United oonfomtrrent aux conditions inposees par le Conte ocnsultatif du rbarisme en oe qu a trait aux travaux darrdionation effedues su r Ies be &foids adjacents a I'avexue University, appartenant a la Mlle et insaits sous le NID 00469486, sat arnar d6e, par I'louut de I'd6mmnt suivant tel quil est suggere par le prorroteu r du pr*, Tirrberstcne Developments Inc. : a) le proroteu r clcit mnbouw la Mlle cle taus Ies frais et depenses engages par oette demiere clans la preparation, la sonission et le traitaTEnt dune requete au legslateur concern l u-r projet cle la dint6r6t prive visart a retirer des c rdtion.s du =Toe en fidude Tucker, ainsi nomb, les terrains insaits sous le abssant Arlington daft la largrur est cle 20 000 m (675 n) (rue puublique) clans le plan intitule «SLbdivisicn Ran City of Sault John Subdivision situated East of University Avenue, City of Saint John, Canty of Saint Jchn>, Rnvince of New BansWck (AAG14-B n° 179673), date du 21 avnl 2009, arpente par Andrew K Toole, XGN-B rf 379; 4) I'avocat m. n opal ou son represertarrt sat auutaise a redamer cle Son Hcnneur le Iieuuterent-go.rverreur du Nauveauu-Bxh5 mck et cle I'Asserblee Legislative du Nauveau-Baramck, au nom de The City of Saint John, cle prorulgue- une Id visant a retirer Les oonditicns conten ues clans le testarnant cle feu Joseph Tucker camcemaht les terrains insdts sous le «orcissant Aiingtcn» vises au sacs-parag-aphe 2a) d-dessus et a pemmttre que oes terrains scent utilises c awre rue publiquue. 5.8 Que, oamhe le recce mpnde le drecteur g6nbral, le conseil commj-al prevde les audiences pu,bliques relatives aux clem3-des cle rezonage cle Matrix Managerrent Inc. (372, we Ludlon), du niristere de I'ApprWsicnnennent et des Services du NauveakBm-&mck (388, avenue Lhversity) et de Comeau Ubd<eme Architecture (10, promarade Technology), le lund 25 nei 2009 a 19 h clans la salle du consel et que Les denandes scent saAmses au Comte consultatif duxbanisnm aux fins cle la presentaticn dun rapport et cle dohs. 5.9 Que, oamhe le recampricle le drecteur general, le conseil commj-al approuve les conditions de travail pour le personnel adniristratif non syndiquue cle The City of Saint Jchn>, telles gUdles oht ete presentees. 5.10 Que, came le recar Turide Ie cirecteur general, le consel commi-al appuie les projets dassainisserr✓nt des zones hun cbs proposes paur Les ruisseauux Cold et Marsh came its salt decrits daps la documentation sounise et que le noire et le g-effre- camtnal scut autaises a signer 1'entente d jcnte con clue entre la Mlle et le terminal cle gaz nahurel (\L-) de C.anapat visant a paTTEttre I'acces a oes propn6tes afin deffectuer des evaluuatims techniques et envirannerrentales. 5.11 CUuhe ssLbvention su.pplenrrnteire de 110 000 $ (MHen sus) sat octra* eh vertu du programhre diem bilisatiohs cle 2009 afin de rrodemise-1'edairage du Harbour Station. 5.12 Que, oamhe le recarnurxle Ie cirecteur general, le consel commi-al nrodfre la resolution adoptee le 30 ears 2009 en ajoutant ce qu suit a la fun cle la resolution : «4. que le conseil oc mTunal approve le plan proviscire cle Iotissenent avec photo reduite presentee par LT.S. Investments Inc. quant a toute servitude necessaire aux fins de services mmicipauux 11 COMM COLMUCONSOL COMA AL APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 Proposition du connseiller Titus Appuyee par le ocnseiller McGuire RESCLU que la recormrendation fomi.lee relativerrent a chaoune des questions sournses a I'approbation du Conseil, a 1'exdusion du pant 5.3a)b), et qui a ete selectiomee aux fins de discussions, sat adoptee. A Tissue du vote, la proposition est adoptee. 13.9 Corrnittee d the VV-de Report -Pension Presentation Cn motion of Councillor Fa -ren Seconded by Camcillor Court RESCL\EDthat Camcil honour the e-isting Nernorandum of Agreement beM,een the City and its unions; and futher, that Ca ml rescind thefdlatn ng resolution fromFdxuary2, 2009: "RESCLVEDthat Council direct the City Solicitor to draft arrendrrents to the Pension Ran for adoption by the Legislature in 2009 that would result in thefdloWng: 1) Din inate the rule of 85 effective January 1, 2012 2) Rerreve the disability prevision from the plan 3) Reduce future irrde)ang provisions from2%to 1% 4) Change the best three year averaging provision to a ten year averaging prevision." And futher, that a conrrittee of Council and Errployee groups be established to work together in an effort to find a shared solution to the pension plan deficit. Councillor Sullivan called a pant of order stating that a question wins being asked to Councillor Titus through the Chair, at which pant the Chair alloned Councillor Titus to Con Trent. Respordng to a question from a Council mmnioer, the Common Clerk advised that a rescinding nmticn requires atwothirds nAority vote. Question being taken, the nmtion was defeated \t& C uncillors Hggins, McGuire, Titus, Snook and Sullivan voting nay. Cn the motion of Ca,ricillor Titus Seconded by C uncillor Farren RESCLVED that council suspend section 10.7 of the procedural by-lam Question being taken, the motion was carried Cn motion of Councillor Titus Seconded by Councillor Kellen RESCLVED that C until receive for info rretion the submtted reports and presentation from representatives of Manager entRofessicnal Non-Union Association, the Bargaining Units, and the Retirees Association of the City of Saint John Pension Ran; and further, that this information, including the recrrmandations, be referred to Momeau Sobeoo for consideration. Question being taken, the mmtion was carried wUth Mayor Court and Councillor Farren voting ray. 13.9 Rapport du Comte plenier : Presentation du progmrrmrre des pensions Proposition du conseiller Farren Appuyee par le conseiller C Li t RESCLU que le Conseil respecte le pretoc cle dentente e>astant c crdu entre la Mlle et ses syndicats et que le Conseil arnule la resolution sukerte adoptee Ie2 f&Aer2009: «RESCLU que le Conseil d-arge I'avocat m xicipal de radiger Ies modifications a apporter au regime de retraite aux fins dadoption par I'Asserrblee legislative en 2009 qui entraaneraient Ies rerrariements suivants : 1) elin iration de la regle de 85 a coupler du 1e` janvier 2012; 12 94.424 COMMON ©OLMUCONSBL CANNLAVAL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MAI 2009 2) retrait de la clause crinvalicite du regime de retraite, 3) reducticn des dispositions dindexation futures de 2 a 1 °/q 4) rerrplacerrrent de la Disposition fcnclee sur la rem nbration rroyenne des trois rrailleures amees de service par Ddspositicn fondee sur la remneration moyyenne de cix annees de service. » De plus, qu'un ccnite representant le Conseil et les errployes sat fora b pour travailler en collaboration afin de tro rver une solution partagee a 1'egard du Miicit de la caisse de retraite. Le conseiller Sullivan sculeve une o0ection a propos de la question posee au Conseiller Titus par 1'entrenise du president et ce denier pemet a fors au ccnseiller Titus de forr uler ses conT entaires. En reponse a uie question du Conseil, la g-effiere mxidpaie inFame qu'uie proposition darnulation necessite Ies daux tiers des votes. A Tissue du vote, la proposition est roetee. Les ccnseillers Hggns, NLiGuire, Titus, Snook et Sullivan votent contre la proposition. Preposition du oonseiller Titus Appuyee par le conseiller Fanen RESCLU que le eonseil comminal suspende I'article 10.7 de I'an-6te sur le reglemant interieur. A Tissue du vote, la proposition est adoptee. Preposition du oonseiller Titus Appuyee par le conseiller Men RESCLU que le Conseil accepte a titre irforrratif les rapports ptsentes et la presentation des represertants du personnel de direction et des employes professio riels non synciques, des syncicats et de I'Assodation des retraites relativerrent au regirre de retraite de The City of Saint John et que oette irforrratioR y eoapris Ies recorrnmriclations, sat transmse a Morneau Sobeco afin detre exam nbe. A Tissue du vote, la proposition est acceptee. Le n- dre Court et le conseiller Fan-en votent contre la proposition. 6. Members Comrrrents Council rrerrbers ocn nented on various c cnTnj ity events. 6. Comrnentaires pr6ux tes par les menixes Les manixes du eonseil s'exprirrent sur civerses activites con mnautaires. 7. Proclamation 7.1 5rergency Preparedness Mek May Id - 9`" , 2009 The MW prodayrred the Mek of Nby 3rd to 9?" 2009 Errergency Preparedness VVA in Canada. 7.2 Asian Heritage Month The Nbyor prodairred the month of May 2009 Asian Heritage MxM. 7.3 Wodd Asthrna Day May 5{", 2009 The Nbyor prodairred Nby 5'", 2009 V\brld Asthrra Day in The City of Saint John. 7. Proclamation 7.1 Semaine de la protection civile du 3 mai au 9 mai 2009 Le rradre declare la semaine du 3 mad au 9 mad 2009 Serraine de la protection civile au Canada. 7.2 Mois du patrimoine asiatique Le rradre declare que le rras de rrai 2009 est le Nbis du patnrTure asiatique. 13 COMMON COLMUCONSOL COMA AL APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MIAI 2009 7.3 Jouiiee monciale de I'asftm - Le 5 mail 2009 Le mare declare le 5 nail 2009 Joumee mdndiale cle I'asthrre clans The City of Saint John a Delegations/Preserrtations 8.1(Ab) Saint John En gmcy Managm ent Organization- En gmcy Management Framework for Canada Referring to a submitted presentation and report, Marielle Provost, Manage of Emergency Preparedness, updated Candl with respect to enmrgerr-y peparedness in the City of Saint John The Common aerk e0ained that the aerk's office has the respcnsibliity of contacting Council merrbers during an aTergen y and anarrgng a neeting and fitly contacting the Mister should Council declare a local state of enmrgerxy. Cn motion of Cou cillor Titus Seconded by Cou cillor McGuire RESCL\ED that the report and presentation entitled Saint John Emergency Management Crganization - Emergency Management Fran work for Canada be received for irfomz;tion. Question being taken, the nation was carried a Delegations et presentations a 1A b) Orgarrisrrre de gestion des services du-gence de Saint John -Cadre de gestion des services dugene pax le Canada Faisant referenoe a une presentation et a un rapport souris, Marielle Provost, gestiornaire cle la protection dvile, infom-e le Conseil relativement a la question cle la protection dvile a Saint John. La g-effiere c mm -de e)lique que le Bureau du g-effier oorm d assun a la responsebilite cle oomtniquer aver les nerrbres du oonseil clurant uie urgence et cle planifier une reioontre. De plus, it cam Lniquera avec le niristre si le oonseil declare un etat durgence local. Proposition du conseiller Titus Appcyee par le ocnseiller McGuire RESCLU que le rapport et la presentation oaxsTalt I'organisme de gestion des se\Aos crurgence de Saint John-cadre cle gestion des services dugence pour le Canada scieit acceptes a titre infarrratif. A Tissue du vote, la proposition est adoptee 8.2 Housing Alternatives Inc. Refemng to a submitted presentation, Krt Hckey, Leona Laracy and Ross Dittain of Housing Alternative Inc. outlined the services offered by Housing Alternatives. Cn motion of Couridllor Shook Seconded by Couridllor Titus RESCL\ED that the submitted presentation from Housing Alternatives be received for infor n Lien. Question being taken, the mrtiorn was carried. 8.2 Housing Alternatives Inc. Faisant reference a une presentaation anterieu-e, Krt Hckey, Leona Laracy et Ross Dittain cle Housing Alternative Inc. sculignent les services offerts par Housing Alternatives. Proposition du conseiller Snook Appuyee par le conseiller Titus RESCLU que la presentation soumise par Housing Alternatives sdt acceptee a titre infan'Eitif. A Tissue du vote, la proposition est adoptee. 14 94.426 COMMON ©OLMUCONSBL COMAVAL APRIL 27 & MAY 4y XWLES 27 APRIL Er 4 MAI 2009 Cur mention of Camcillor Shclivan Seconded by Ca.ndllor McGuire RESCLVED that item 12.5 Neighbaarhood Devdcpnneht Stim lation Grant be brought foNxard on the agenda. Question being taken, the motion was carried Cn mention of Ca,ncillor Court Seconded by Ca,ncillor Titus RESOLVED that item 13.1 corrrrittee of the V\rde: Loch Lomond Oommmity Centre, be bra,ft forv erd on the agenda. Question being taken, the motion was carried Proposition du oonseiller Sullivan Appu.iyee par le eonseiller McGuire RESC LU que le point 12.5 Subvention dencouragenant de I'arrLnna nBnt du vdsinage sat examine des maintenant. A Tissue du vote, la proposition est adoptee. Proposition du conseiller court Appuyee par le conseiller Titus RESC LU que le point 13.1 Comite plenier : centre co m i-au taare Loch Lomond sdt examine des n-antenant. A Tissue du vote, la proposition est adoptee. 125 Gxty Manager: Neighbouiiood Development Stimulation Grant Cur nmtion of couxillor Titus Seconded by couxillor McGuire RESC LVED that as recce mmnded by the City Mmager, Comm CcundI su ppo-ts the listed organizations by providing the follow ng g ants: Quality Story Tents $8000.00; Crescent Valley Resource centre $25,000; Arax d the Block- Neighbourhood Na&gDgmr (Vibrant Cam-.pities) $11,25D, Vibrant Econaric Development $19,000; Vibrant Neighbourhood Assistants $22, 335; CNE Change $25,000; Teen Resource Centre CW)14,600; V\bstside PACT 14,600; PULSE $12,815; arid further, that CUT= Cbunxil approves the change in the temps of reference specifying an application su,bmssion deadline date of March 31st each year. Question being taken, the motion was carried 125 Directew general : SibMention dencouragement de I'an*mgmlent du vroisinage Proposition du oahseiller Titus Appu.iyee par le eonseiller McGuire RESC LU que, come le recorrrmrde le directeu r gerrerail, le omseil oamTurral apRje les den r des durib-ees en accordant les subventions suvantes : Coal ity Storytents - 8 000 centre de ressources Cresmlt Valley-25 000 Around the Block-journal de quartier (Comp nau tes vivantes) - 11250 Developpernal eoononique dynan ique-19 000 Adljdrts, CamUnau tes vivantes - 22 335 The C NE Change I nc. - 25 000 Resource Centre for Youth (W) -14600 V\estsidle PACT-14 600 PULSE-12 815 $ et, de pus, que le consal com7nxd approvee les dhangements appates aU rnandat pour preciser la date lin ite de presentation des den roles, scit le 31 rrars tou,is les ans. A Tissue du vote, la proposition est adoptee. 15 COMM COLMUCONSOL COMML APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 13.1 Con rittee of the VV-de: Loch Lomond Conyru ty Centre Cn motion of Ca.ndllor Court Seconded by Cou ndllor McGuire RESCL\/ED that the City Manager be directed to advise the proponents on the new Lode Lonmrid Com n pity Center that Cam-on Council is prepared to: 1. Enter into a 15 year lease for the second floor of the facility, commending on the date on Mich an Occdpancy Permit has been issued, and 2. The gross leasable area is no less than 3,275 square feet, and a The arTxaal lease payment shall be $45,000, and 4 In exchange for entering into this lease the Qty is provided the right to. - That the City of Saint John shall have the right to sublease any portion of the second floor That the om-ff may lease any of the space on the second floor provided the City is provided with 90 days notice and any rent received is to be deducted from the Citys arTW rent of $45,000. The onner of the facility shall be responsible for all rrdi-itenanc e, leaseholds, snowploughing, yard deaning, heat, electridty. Rent "Free of dharge" the large oorrrrinity room (Ballroom) for the purpose of hosting omm nityA d meetings, staff meetings or sin ilar purposes provided that adequate notice is provided so as to avoid scheduling conflicts. - That the center is identified as the Lode Lon and Comminity Center and appropriate signage is erected as agreed to by the parties, and - Access to the second floor is at the sole discretion of The City of Saint John, noting that it is the Citys intention to ensues the access to the PraArrdal funded V\Ilness Canter is available during operating hours; and further - Entering into this lease does not in any way imply that The City of Saint John is obligated to make any further oamnitrrent of huran and finandal resources. Question being taken, the motion was carried 13.1 Comte planer : Centre c Omni mutaire Loch Lomond Proposition du conseiller Court Appuyee par le conseiller McGuire RESCLU que le directeur general sat dirge daviser les praroteurs concernant le centre conTanautalre Lode Lomond que le Conseil oorrrnurd est pret a : 1. signer un ball dune dune de 15 ans pour la location du dleLDdeme etage de ('installation a partir de la date a laquelle le perms docaaper a ete d divre et que, Cdnsequemr tint : 2. I'espace beat de location ne sat pas irferieur a 3 275 pieds canes; a le palement arTxael de location soit de 45 000 4 en ednange de la signature de oe bail : - la Ville est autaisee a sous'louer toute pantie du dleLDderre etage; - le proprietaire peat lau tout espac a au dler udeme etage si la Ville regoit un preavis de 90jours et que tout layer perdu est dkUt du loyer ann el de 45 000 $ de la Ville; - le proprietaire de ('installation est dirge de 1'entretien, des ba K du deneigement, du nettoyage de la dour, de la dnaleur et de 1'e1ectddte; - la Ville peat Iouer «g-atuitement » la grande salle oommi-autaire (sa lle de bal) aux fins de tenue de reunions oa amnautedres ou de quartier, des reunions du persanrrel ou autres usages ocnneces a condition gUun preavis adequat sat donne afin deviter des corflits dhoraire, - le centre dolt titre designe oorm-e le centre oomnxa bre Loch Lomond et une enseigne didentification appropre dolt titre placee, corm-e convene per Ies parties; - I'accbs au dlewdeme etage est Iaisse a la discretion de The City of Saint John, qui explique que la Ville a l'intention dassr rer I'acees au centre de n ieux titre finance par le gouvannenaent provincial pendant Ies heures douvertu-e, - The City of Saint John nest pas obligee en aua.n cas de prendre tout autre engagemml en matiere de ressourdes hurraines et financieres. A I'issue du vote, la proposition est adoptee. 16 94.428 COMMON ©OLMUCONSBL CANNLAVAL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MAI 2009 10.1 Public Presentation -Proposed Municipal Ran Amendnrrent 99 Hazen St A Public Presentation was given for a proposed a Train e nt to the NLnicipal Development Pan W ich would re-designate on Schedule 2-A and 2-C of the Ul nicipal Pan, from Nbdium Density Residential to Approved Corrm=rdal Development, a parcel of land v& an area of approdrretely 360 square metres, located at 99 Hazen Street also identified as R D Number 00015388 to pemit the establishrrent of business offices vUthin the existing building as requested by Robert Gale. 10.1 Presentation publique relative a la modification propoeee du plan darr6nagenrent Asant le 99, rue Hazen Une presentation pr blique est dornee relativerne nt a la modification du plan dantriagen-ent rrr.nicipal afin de faire passer la designation, aux annexes 2-A et 2-C du plan darrenagen ent, dune parcelle de terrain situee au 99, nee Hazen, dune supeificie approdrrative de 360 metres canes, inscrite sous le NI D 00015388, de zone residentielle a densite moyyenne a zone darrenagemmrt commercial appro ive, afin de permettre I'etablisser ent de bureaux c om erdaux a I'interieur de I'im e ble ex istant, a la derrarrde de Robert Gale. 10.2 Third reading-Street Closing by-law amendrrrent-Peel Street 10.3 Third reading-Street Closing by-lawamerchmr t -Chipman Street 10.4 Third reading-Street Closing by-law amendnent-Hazen Awenue Cn mmtion of Councillor Titus Seconded by Councillor Court RESOLVED that items 10.2, 10.3 and 10.4 respecting street dosing by-lavvarrendnents for Peel Street, Chiprrm Street and Hazen Avenue be tabled until futher notice to alloNfor further preparation on the anmridmants. Question being taken, the motion w?s carried 10.2 Tnoisierne lecture de la modification de I'anf#e sur la feTreture de rue Asant la rue Pled 10.3 Troisierne lecture de la modification de I'antt6 sur la feTreture de rue Asant la rue Chipman 10.4 Troisierne lecture de la modification de I'anf#e sur la feTreture de rue Asant I'avenue Hazen Proposition du oonseiller Titus Appuyee par le conseiller Coat RESCLUE que les pants 10.2, 10.3 et 10.4 oenoernant la modification de I'arrdte sur la femneture de rue visant la nee Peel, la rue Chipnw et I'avenue Hazen soient reportes en vue de preparer davantage la modification A Tissue du vote, la proposition est adoptee. 10.5 Third reading Zoning B-LawAmend rr ant 1612 and 1618 Latinu a Lake Fad Cn mmtion of Councillor Titus Seconded by Councillor Fanran RESCLVED that the by-ladventitled, "B)~-Ladv Nu Ter C.P. 110-100 A Lawto Amend the Zoning By-Lawof The City of Saint John" an>?rrding Sdnedule A', the Zcring Nap of The City of Saint John, by re-zoning a parcel of land located at 1612 and 1618 Latimore Lake Road, having an area of approdrretely 4, 029 Square metres, also identified as a potion of RD NuT ber 55120315 and a portion of RD Nurrber 55144612, from "RF' Rural to `RFM' Rural and Nbbile Hone, be read. Question being taken, the motion w?s carried The by-lauventitled, "B)~-Law Number C R 110-100 A Lawto ArTend the Zoning B)~-LaN of The City of Saint John", was read in its entirety. 17 COMM COLMUCONSOL COMA AL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MIAI 2009 Cn motion of Councillor Titus Seconded by Councillor Court RESCL\/ED that the by-lam entitled, "B)~-LaAt Nu Ter C. P. 110-100A LaNtoArriend the Zoning By-Law of The City of Saint John" an ending Sdiedule A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land located at 1612 and 1618 Latimcre Lake Road, having an area of approAmartely 4,029 Square metres, also identified as a portion of RD Number 55120315 and a portion of RD Number 55144612, from "RF' Rural to "RFM' Rural and Mbbile Hw-e, be read a third tine, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried The by-lawentitled, "By-Law Number C R 110-100 A Lawto Amend the Zoning By-LaN of The City of Sault John", veas read a third tine by title. Cn motion of Councillor McGuire Seconded by Councillor Mott RESCUED that item 12.2 City Manager: ArrLd Service Review Program, be brought forward on the agenda Question being taken, the motion was carried 10.5 Trasieme lecture du projet de modfiication de I'ant#e de zor age visant les 1612 et 1618, cherrin Latinu a Lake Proposition du oonseiller Titus Appryee par le ocnseiller Farren RESCLU que I'arrete intitule «Arrete n° C.P. 110-100 nmdfiant I'arrete de zonage de The City of Saint John rrodifiant I'annexe A, plan de zonage de The City of Saint John, en prooecant au rezonage dune parcelle de terrain situee au 1612 et au 1618, chenin Latimore Lake, dune awiide appromative de 4 029 metres canes, insorite sous une pantie du NID 55120315 et une pantie du NID 55144612, aFin de la faire passer de zone rurde « RF» a zone rurale de n-dsons mobiles « RFM fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitcle «Arete n° C.P. 110-100 rrodifiait I'arrete de zonage de The City of Saint John est lu integralerrent. Proposition du oonseiller Titus Appuyee par le conseiller Cost RESCLU que I'arrete intitule «Arrete n° C.P. 110-100 rracifiant I'arrete de zonage de The City of Saint John rrodifiant I'annexe A, plan de zonage de The City of Saint John, en prooecant au rezonage dune parcelle de terrain situee au 1612 et au 1618, chenin Latimore Lake, dune awiide appromative de 4 029 metres canes, insoite sous une pantie du NID 55120315 et une pantie du NID 55144612, aFin de la faire passer de zone rurale « RF» a zone rurale de rrdsons mobiles « RFM fasse I'objet dune trasierre lecture, que ledit arrete sat edicte et que le scew comm-al y sat appose. A Tissue du vote, la proposition est adoptee. Troisierre lecture par titre de I'arrete intitule «Arrete n° C. P. 110-100 rracifiant I'arrete de zonage de The City of Saint John Proposition du ocriseiller McGLjre Appuyee par le conseiller Mott RESCLU que le point 12.2 Directeur general Programme dexarren annual des services scient exarnnes des rraintenant. A Tissue du vote, la proposition est adoptee. 18 94.430 COMMON OOLMUCONSOL CANNLAVAL APRIL 27 & MAY 4y XWLES 27 APRIL Er 4 MAI 2009 11. Submissions by CounciI Members 11.1 Value for Marley (Deputy Mayor Chase) Cn motion of Deputy Vayor Chase Seconded by Councillor McGuire RESC'LVED that the report from Deputy Uayor Chase entitled Value for Money Program be received for inforn-Etion. Question being taken, the motion was carried 11. later er tions des membres du Conseil 11.1 Optimisation des ressources (maire supplearrt Chase) Proposition du meire suppleaht Chase Appuyee par le eanseiller McGuire RESCLU que le rapport du moire suppleaht Chase relatif au programre croptin isation des ressources sat awepte a titre infaTTEdf. A Tissue du vote, la proposition est adoptee. 122 City Manager: Annual Service Review Program Cn ruction of Councillor Farren Seconded by Councillor McGuire RESCLVED that Corrnion Council adopt the submitted Annual Sevice Review Program Policy. Question being taken, the motion was carried 122 Directeu- general : Prop anrrre dew annuel des services Proposition du conseiller Farren Appuyee par le eanseiller McGuire RESC LU que le Conseil communal adopte la politique relative au prograrrue dexarren a nuel des services A Tissue du vote, la proposition est adoptee. Cn ruction of Councillor Nllen Seccncled by Councillor Mott RESCLVEDthat item 12.6 Derelict Buildings B)~- Lave, be brought fov\,ard on the agenda Question being taken, the motion was carried Proposition du oonseiller Nllen Appuyee par le conseiller Mott RESC LU que le pant 12.6 Arrete cone na nt les batimants abanclc n s sat examne des n-antenant. A Tissue du vote, la proposition est adoptee. 11.2 Vacant and Derelict &.ilcings W-Law (Councillor McGuire) Cn ruction of Councillor McGuire Seconded by Ccuncillor Snook RESCLVEDthat Cahnmoh Council assent to Councillor McGuire presenting the scbrritted by-la udirection respecting the proposed changes to the Vacant and Derelict Buildings B)~-Ladvto the appropriate Provincial officials and repot back to Council. Question being taken, the motion was carried 19 94431 COMMON COLMUCONSOL COMA AL APRIL 27 & MAY 4y XMLIES 27 APRIL Er 4 MIAI 2009 11.2 Antte caxa narrt ies bftimwts vacants et abandonrres (conseiller McGuire) Proposition du conseiller McGuire Appcyee par le conseiller Snook RESCLU que le Conseil comunal donne son assentiment au ocnseiller McGuire pour presenter l'oien Cation de l'arrete scup is conoemarlt les modifications proposees a 1'arrete caxanant les betiments vacants et abandornes ar rbs des responsables appropn6s au gcuvernernent promnaal et en faire le c o rpte rendu devant le eonseil. A Tissue du vote, la proposition est adoptee. 126 City Manager. Derelict Buildings By-Law Cn motion of Camcillor Farren Seconded by Camcillor Court RESCUED that as recormmncled by the City Manager, staff be directed to contact the appropriate Provincial authorities, responsible for nmking the necessary arrendn-a is to the Maricipalities Act, in order to enact the Derelict l3uildings By-Lam Question being taken, the mmtion was carried Cn motion of Mayor Court Seconded by Ca,ncillor Court RESCUED that item 12.7 Cayn issiorier of Finance: 2009 Debenture Issue; item 13.5 Steering Corrrittee Peel Reza Project engagement of Delatte and Touche, 13.6 Camttee of the Verde: Peel Ram Project - Prgect Manager; and 13.7 Corrmttee of the Wide RecmTTBxled appointment to the Police Corrmssion be brought forward on the agenda. Question being taken, the mmtion was carried 126 Directeu- general : Arrete concernant les batiments abandonrres Preposition du conseiller Farren Appuyee par le conseiller C curt RESCLU que, c m7m le reom7rande le directeu- general, le personnel sat charge de crorrnx niquer avec les mspcnsables appropn6s au gcuvemernent prommal charges de proceder aux modification nrecessaires de la La surles rrunicipalites afin dedicter I'arrete eoncemant les batimehts abandonnes. A Tissue du vote, la proposition est adoptee. Proposition du n-dre Court Appuyee par le conseiller C curt RESCLU que Ies pants 12.7 Comssaire aux finances : Emission de debertr res pour 2009, 13.5 Comte directeu- du Prqet de la place Peel - Reccurs a 1'en treprise Delatte & Tbuche, 13.6 Conte plenier du P cjet de la Pace Peel -gestionneire de projet et 13.7 Reoarrnandation du Conte plerier conoemant la no ination au sein de la Carrrission de pdice scent exan ines des rneintenant. A Tissue du vote, la proposition est adoptee. 127 Commissioner of Finance: 2009 Debenture Issue Cn motion of Councillor Court Seconded by Councillor Mott RESCUED that: 1) Debentures be issued under provisions of the Acts of Asserrbly 52, Mctoria, Chapter 27, Section 29 and anmrrc TB is thereto to the amount of $17,000,000. 2) The Corrrissia-ff of Finrance- be authorized to issue and to sell to the New Pr ns ck Unicipal Finance Corporation (the "Corporation") a City of Sault John bond or debenture in the prinapal an-curt of $17,000,000 at suds term and conditions as are recrorrn nded by the Corporation 20 94432 COMMON OOLMUCONSOL CANNLAVAL APRIL 27 & MAY 4y XMLES 27 APRIL ET 4 MAI 2009 3) And further that The City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangaTals as the Caporation rrey from time to time accept, in payrnent of principal and interest charges on the above bond or debenture as and Wien they are required by the Corporation. 4) And further that the Comrissioner of Finance be hereby authorized to receive an offer in ca nection \t& the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 15 years for the issue related to the General Fund and Transit and not to exceed 20 years for the Voter & SeAerage Utility. 5) And further that the Coma issioner of Finance report to ConTncn Council the exact values for price per $100 of debenture, interest rate and term in years, together \t& the date of the issue. voting nay. Question being taken, the motion was carved \t& Cou x illor Hggins 127 Con rissaire auxfinances : Emission de debenhxes you-2009 Proposition du conseiller Court Appuyee par le canseiller Mott RESCLU que : 1) scent 6mses des debentures en vertu des dispositions des Ids de la Charrbre dasserrblee, 52 Victoria, chapitre 27, article 29, et des modifications afferentes, pour la sam de 17 000 000 2) le oon rissaure aux finances sot autoise a emettre et a vendre a la Corporation de financerrent des nwidpalites du B ns mck (la << Corporation une obligation ou une debenture de The City of Saint Jehn au mcntant principal de 17 000 000 $ aux moclalites et conditions recomrnandees par la Corporation; 3) The City of Saint John aceorde son assentimaht a 1'errissioh de cheques postdates au nom de la Caporation, ou a toute autre disposition que la Corporation peat accepter a tout mcnal, pour le pa ierml du principal et des intents relatifs a l'obligation ou a la debenture susmantionnee au moment requis et clans la fame eA* par la Caporation; 4) le oon rissa ire aux finances sat autoise, par Ies presentes, a accepter une offre, relativemant aux debentures susrrertionnees, a un tarif regal a au mans 98 $ pax 100 $ dobligatians, a un taux dirteret rre<in-d de 6,5 %en mayyerne et pour une dune rr 3mn- le de 15 ans pour 1'errissioh relative au fonds dadmnistratian et au service de transport et une dune m3mn ele de 20 ans pour le reseau da queduc et degouts; 5) Ie oar mssaure aux finances presente un conpte rendu au canseil corrrrr.rnal, indiquant la valeur exacte du tarif pax 100 $ en obligations, le taux dinteret, et le tem a en a nn6es, ainsi que la date An issioh. A Tissue du vote, la proposition est adcptee. La conseillere Hggins vote oantre la proposition 13.5 Steering Cormittee Peel Plaza Project - Engagement of Deloitte & Toudhe Cn ruction of Councillor Court Seconded by Councillor McGuire RESCLVED that Corrnm Council give approval for the engagmal of Delatte & Touche LLP in an arrixrrt not to exceed $80,000 plus HST for the preparation of a Request for Proposals for the Feel Reza Project, and the Mayor and Corrmrh Clerk be authorized to sign the appropriate engagement letter. Question being taken, the motion was carved with Deputy Mayor Chase and Councillor Hggins voting nay. 21 94.433 COMM COLMUCONSOL CON ILA AL APRIL 27 & MAY 4y XWLES 27 APRIL Er 4 MAI 2009 13.5 Conte cirecteu- du Projet de la place Peel - Fbcous a 1'errtreprise Deldtte & Toudie Proposition dU connseiller Court Appcyee par le ocnseiller McGuire RESCLU que le ocnseil c omunal approvee le reccurs a 1'entreprise Delatte & Toudne LLP pour des frais mecc rmn-s de 80 000 $ M H en sus) en vue de preparer une derrande de proposition pour le Projet de la Pace Peel et que le n-dre et le greffiier oorrrrr.rral scent autor ses a signer la Iettre de mission appropre. A Tissue du vote, la proposition est acoeptee. Le n-dre suppleant Chase et le ocnseiller Hggins vdtent cortre la proposition 13.6 Camittee of the VV-de: Peel Plaza Project - Project Manager Cn motion of Cauncllor Farren Seconded by Cauncllor McGuire RESCL\ED that the text of the Pgreerrent relating to Mr VVIIiam E EdAards serving as Project Menage' of the Peel Raea Project as discussed at a Camittee of the Vlhde meeting April 24t", 2009 be approved and the Mayor and Comm Clerk be authorized to sign the appropriate doc urnents. Question being taken, the ruction ves camed wth Deputy Mayor Chase voting nay. 13.6 Comte pienier du Projet de la place Peel - gestiannaire de projet Proposition dU conseiller Farren Appcyee par le conseiller McGuire RESCLU que le texte de 1'entente relative a M. VUlliam E Edw,erds occupant les fonctions de gestiornaire dU Projet de la Pace Feel qui a fait l'objet de discussions pendant la reuion dU Canite plerier dU 24 aril 2009 scit approve et que le mire et la graffiere cmT male scent autorises a signer Ies doam4ls appropries. A ('issue du vote, la proposition est acoeptee. Le n-dre suppleant Chase vote oantre la proposition. 13.7 Cannittee of the Wide: Appointment to Board of Police ConT issioners. Cn motion of Councillor Sullivan Seconded by Cou cillor Shook RESW EDthat May-Bleen Ranagan be appointed to the Sault John Board of Police Corm ssianers for a three year term from April 27, 2009toApril27, 2012. Question being taken, the ruction was carried 13.7 CmA6 pienier- Nomination au Bureau des comAssaires de la police Proposition du conseiller Sullivan Appuyee par le conseiller Shook RESCLU que Mary-Bleen Ranagan scit raTn>re pour s Eger au Bureau des eonmssaires de la police de Saint John pour une pbnode de tres ans allant du 27 avnl 2009 au 27 avnl 2012. A ('issue du vote, la proposition est adoptee. 11.3 Federation of Canadian Municipalities (Councillor McGuire) Cn motion of Councillor McGuire Seconded by Councillor Titus RESCL\ED that the subn itted doaAnm t regarding Federation of Canadian Municipalities be received for irfornition Question being taken, the ruction ves carried 94.434 COMMON OoLMUCONSOL COMMLAVAL APRIL 27 & MAY 4y XWLES 27 APRIL Er 4 MAI 2009 11.3 Federation canacienne des municipalites (conseiller McGuire) Proposition du connseiller McGuire Appuyee par le conseiller Titus RESCLU que la docxxr-entation presentee relative a la Federation canadienne des m nicipalites sat acceptee a titre infarrritif. A Tissue du vote, la proposition est adoptee. 11.4 Efficiency of Council Meetings (Councillor McGuire) Cn nmtion of Camcillor McGuire Seconded by Councillor Titus RESOLVED that the cam-ion Clerk be d rected to explore methods for increasing the efficiency of Council meetings and report \mth rec on rendations at the next nm*Arig. Question being taken, the motion was carved \t& Councillor Hggins voting nay. 11.4 Effrcacite des seances du canseil (c onseiller McGuire) Proposition du eanseiller McGuire Appuyee par le conseiller Titus RESOLU que la geffiere oamn.nale sat dnargee derx{Aer sur les rrbftcles pax rehausser I'efficadte des reunions du Conseil et de rediger un rapport fomularit des recorrrrandations a presenter au ocurs de la prochaine reunion. A ('issue du vote, la proposition est adcptee. La oonseillere Hggins vote centre la proposition 11.5 Recreation Report Update (Councillor Shook) Cn nmtion of Ca,ncillor Snook Seconded by Councillor Fan-en RESCLVED that the Common Clerk sdned le the Carrrissianer of Leisure Servioes to present Caxxil \t& an update on the status of rec onTnandations rrade in the Recreational Facilities Carrrittee report. Question being taken, the motion was carried 11.5 Mse A jour relative au rapport sur les loisirs (canseiller Shook) Proposition du conseiller Snook Appuyee par le conseiller Fanen RESCLU que la geffiere ocnTax ale frxe une date pax que le ommssaire aux services des Ioisirs presente aU Conseil une mse ti jour sur 1'etah des recorrncaxlations famlees dans le rapport du ocn ite six les installations de Ioisirs. A ('issue du vote, la proposition est adoptee. 11.6 V\bbsite (Councillor Shook) Cn nmtion of Councllor Snook Seconded by Councillor Titus RESCLVED that the City Manager provide Council \t& a report and reaarrrer>dation, \t&in one month, \t& respect to obtaining outside professional expertise on The City of Saint John V\/3b site. Question being taken, the motion w?s carved \t& the Mayor, Ca,ncillos Court, Hggins, and Sullivan voting tray. 23 94.435 COMMON COLMUCONSOL CON LA AL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MIAI 2009 Cn motion of Councillor Sullivan Seconded by Councillor Titus RESCL\/ED that the Caxxal meeting be adjot med until May 4, 2009. Question being taken, the rrrtionwas carried Mayor Court dedared the rreeting adjourned at 10:00 RM. and advised that the meeting vvill resunne Monday, May 4, 2009, comnnancing \Aith item 11.7. 11.6 Site V\kb (c onseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Titus RESCLU que le directeur general presente au Conseil un rapport et des reocrmuidations, did un mas, ocncaTal I'obtention dexpertise profession nelle extern visant le site V\/-b de The City of Saint John. A I'issue du vote, la proposition est acoeptee. Le n-dre a mi que Ies Conseillers Cwt, Hggins et Sullivan votent oontre la proposition. Proposition du oonseiller Sullivan Appuyee par le ocnseiller Titus RESCLU que la presente reunion sat Ievee jusgUau 4 n d 2009. A I'issue du vote, la proposition est adoptee. Le n-dre Court dedare que la seance est levee a 22 h et predse que la seance se pcumivra le lundi 4 rrai 2009 et que le pant 11.7 sera le prerrier aborde. Mbrrday, May 4, 2009, 5:15 P.M 8f" Floor Boardroom City Hall The Mayor reconvened the n eeting \Ahch began on April 27, 2009. Present: Ivan Court, Maya' Councillors Court, Fan-en, NlIen, Hggns, McGuire, Mott, SnooK Sullivan, and Titus - and - T. Totten, City Manager; R Rods, Deputy City Manager, G. Yeon-ans, Cam issianer of Finance and Treasxer, F. Beaulieu, Solicitor-, S Herring, Raining and Development; B. ExAeds, Cam issiane- of Buildings and Inspection Sevioes; R Gwdy, Cmmssiane-of Municipal Cperatians; E Gourley, Cw nlon Clerk and J. Taylor, Asdstant Corrnm Clerk Le lurxi 4 mad 2009, a 17 h 15, dans la Salle de conMrence, au 8e etage de I'h6tel de vil le Le moire dedare que la seance reprend efin dr prdanger celle tenue le 27 awil 2009. Sant presents : Ivan Court, moire les owseillers Court, Fan-en, NlIen, Hggns, McGuire, Mott, Snook, Sullivan et Titus et T. Totten, directeur general; R V\bods, directeu general adjoint; G Yew -am, cmrnissaire aux finances et tresaier, F. Beaulieu, avocat mxnicipal; S Herring, utbanisrre et developpen-ent; B. EdANards, om issaire aux services dinspection et des batiments; R Groody, comrnissaire aux operations amicipales; a mi que E Gormley, geffiere ocnT hale et J. Taylor, greffrer oom -unal adjoint. 24 94.436 COMMON OOLMUCONSOL CANNLAVAL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MAI 2009 11.7 RairrbowPark (Councillor Snook) Cn rrrotion of CaAncillor Snook Seconded by Councllor Nllen RESCLVED that Common Council adopt the design for Rainbow Park, as presented by the Glean Group, and the City Manager be authorized to negotiate an acceptable fee vUthin current standards for engaging the Gem Group to provide the necessary docurrents enabling the City to call for tenders and begin construction of this project provided funding is in place in 2009. Councillor Court stated that he could not support the motion \t&out kru&g Wnat the n-drrtenarxce costs veould be. Question being taken, the motion was carried \t& Councillors Court and Farren voting nary. 11.7 Ram FUnbow(c onseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Nllen RESCLU que le Conseil oarnn-r-d adopte la conception du parc Rainbow,, telle gUelle a ete presentee par 1'entrose Gem Group, et que le directeur general sat autorise a negcder des frais acceptables en fonction des norrres aduelles pour retenr les services de I'entreprise Glenn Group afin de fourrir les docurrerts neeessaires pemrettant a la Ville de proobder a I'appel doFfres et de corrrrernoer la construction clans le cadre de oe projet si le financerml est en place en 2009. Le eanseiller Court indique qu'iI re peut pas aplcuyer la proposition sans connaitre quels serort les coats dentretien. A I'issue du vote, la proposition est aceeptee. Les conseillers Court et Farren votent ocntre. 12 Business Matters - Nknicipal Cificers 121 City Solicitor. Decision of the New B m-WckAssessirrient and Ranning Appeal Board re: Tannery Court Co-operative United; 185 Camiartinen Street Cn rrrotion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the report entitled Decision of the New B -&mck Assessrrent and Planning Appeal Board re: Tannery Cart Co-operative United 185 Carrrarthen Street be received for infaYration. Question being taken, the motion was carried 12 Affaires nunicipales evoqu6es par lesfon tionrraires nxunicipaux 121 Avocat nxunicipal : Decision de la Commission dappel en matiere devaluation et durbanisme du NmAeau-Brunswick relative a Tannery Court Co-operative United, situee au 185, rue CanTrAhern Proposition du omseiller Titus Appuyee par le conseiller McGuire RESaU que le rapport concerrrant la dedsion de la Commssion dappel en rretiere devaluation et durbarisme du Na mau-B> xnsWck relative a Tannery Court Ca-operative United, situee au 185, nue Carrrarthen sat accepte a titre infom-atif. A Tissue du vote, la proposition est adoptee. 123 City Manager: Performance Appraisals Cn rrrotian of Ccun illor Sullivan Seconded by Councillor Fan-en RESCLVEDthat report entitled Perforr -once Appraisals: Employees Reporting Drectly or Indirectly to the City Manager be received for infom-rtion. Question being taken, the motion was carried 25 94.437 COMM COLMUCONSOL CON ILA AL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MAI 2009 123 DirecteLr general : Evaluations de rendement Proposition du conseiller Sullivan Appuyee par le conseiller Fan-en RESCLU que le rapport oorxsT a l les 6valuations de a-den ent des errployes relevant directerrent ou irxirecte rent du directeu general sat accepte a titre infon7Etif. A Tissue du vote, la proposition est adoptee. 124 City Manager. Automated Vehide Location System Cn motion of Councllor Court Seconded by Councillor Mott RESCL\/ED that the report entitled Automated Vehicle Location S tsterTGlcbal Positioning System be received for infomEnon. Question being taken, the mmtion was carried 124 Directew general : System de localisation automatique de vehicx.ies Proposition du conseiller Court Appuyee par le conseiller Mott RESCLU que le rapport l le systerre de localisation autorratique de vehia.les et le syst6m mondial de localisation sat amepte a titre inforratif. A Tissue du vote, la proposition est adoptee. 13 Conrrittee Rjxx is 13.2 Proposed Subdivision 150-151 Aspen Street Cn motion of Councillor Nllen Seconded by Councillor Snook RESCL\/EDthat as recammnded by the Planning Advisory Corrrrittee: 1. Comm C uml assent to one or more subdivision plans, in one or rrbre phases, for the V\Idcn Russell SLbdivision, as generally illustrated on the submitted tentative plan dated March 24, 2009, including any necessary municipal services and public utility easenmr1s; and further 2. Comm Candl accept a cash in-Iieu Larrdfor Public Purposes dedication for this proposed subdivision; and further a Corrrr m Cancll authorize the preparation and execution of a Qty/Developer ,Subdivision Argrement(s) to ensue provision of the required vx* and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the mmtion was carried 13. Rapports deposers par les conites 13.2 Projet de lotissemerrt aux 150 et 151, rue Aspen Proposition du conseiller Nllen Appuyee par le conseiller Snook RESCLU que, oama le recorrnande le Comte Consultatif durbanis m : 1. le Conseil commnal approwe le oa les plans de lotisserrent, en uie oa plusieus phases, clans le cadre du projet de lotissanant V\Idcn Russell, come le mantre de m nbre gerrerale le plan provisoire presente et date du 24 rrars 2009, y conpris to,ie servitude de services m nicipaux ou dertreprise de service public emgee, 2. que le Conseil comunal accepte uie ocnIx isation n rdaire visant I'affectation du terrain dutilite pcblique relativetTBI au lotissenant propose; 26 94.438 COMMON OOLMUCONSOL CANNLAVAL APRIL 27 & MAY 4, XMLES 27 APRIL Er 4 MAI 2009 a que le Conseil corrrnunal autcdse la redaction et la signature de oontrats cle Io>tissernent entre la Mlle et le prorimteur afin de permettre 1'ex6a Lion des travaux requis et la raise en place des installations necessaires, notarrrr I en ce qui Conner- I'elaboration de plans de situation et de drainage dkailles scums a I'approbstion de l'ingenieur m,nidpal en d-d. A Tissue du vote, la proposition est adoptee. 13.3 Latimer Estates Subdivision (Phases 3-A&4) 880 Latinbne Lake Road Cn motion of Camcillor Court Seconded by Councillor Mott RESCLVED that as recorrmer>ded by the Planning AcMsory Corrmittee: 1. Carmon Candl Assent to one or more subdivision plans, in one or more phases, for Phases 3-A & 4 of the Latimer Lake Estates Sl bdivision, including any necessary public utility easements, but v& respect to Phase 4 that the subdivision plan be ar ended as fdlovw (a) Banbury Dive be designed in a sinilar mainner as the proposed extension of Estate Dive in order to create a parallel street v4u t arty cu vature; and (b) At least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication v& a m nn-r m street frontage of 20 metres (66 feet) be shom on the revised plan; and further 2. Cannon Candl authorize the preparation and execution of one or more Qty/Developer Subdivision Pgreerrents to ensure provision of the required vvork and facilities, including detailed site and drainage plans for the approval of the Chief Qty Engineer, for this subdivision developmarrt. Question being taken, the motion w?s carried 13.3 Projet de lotissenrent Latimer Estates (phases 3-Aet 4) visant le 880, chemn Latium Lake Proposition du omseiller Court Appuiyee par le conseiller Mott RESCLU que, oomTe le reobrrrrerxte le comite consultatif durbanisrre : 1. le Conseil conmrial appro uve le o u les plans de Io>tissen-ent, en une o u plusieurs phases, clans le cadre des phases 3-A et 4 du pr* de lotisserrant Latimer Lake Estates, y eorrpds to ute servitude de services dentrepdse de service public eAgee, toutefas, relativement a la phase 4, que plan de lo>tissement sat modifie pour indiquer ce qui suit : a) que la promenade Banbuy sat eangue de rnan6re semblable au prdaxgerrent propose de la promenade- Estate afin de a-eer une rue parallde sans courbe; b) gdun terrain dutilite publique dau mains 1,13 hectare (2,79 acres) avec une limite fronaale mina-de cle 20 mares (66 pieds) sat indique clans le plan revise; 2. le Conseil oonTm-d autaise la redaction et la signature de oontrats cle Iotissement entre la Mlle et le prorroteur afin de pemattre I'execution des travaux requis et la raise en place des installations recessaires, y conpds I'daboration de plans de situation et de drainage detailles scums a I'approbation cle I'ingenieur municipal en cl-d relativerrBI a I'arr§nagerrpnt dudit Iotisserrent. A Tissue du vote, la proposition est adoptee. 13.4 Water Cormittee Update Cn action of Councillor Titus Seconded by Councillor McGuire RESCLVED that the report entitled Voter Cormittee Update be received for information. Question being taken, the motion w?s carried 27 COMMON COLMUCONSBL COMML APRIL 27 & MAY 4y XMLIES 27 APRIL Er 4 MIAI 2009 13.4 Comte compose des rriembres de Saint John Vbter : Vise A jour Proposition du conseiller Titus Appuyee par le conseiller MoGdre RESCLU que le rapport f la raise ajar relative au ocmite corrpose des rrarrbres de Saint Jdm Voter scit repu a titre irfom-rtif. A Tissue du vote, la proposition est adoptee. 13.8 Com ittee of the VV-de Pled Plaza BWxitures-details Cn motion of Councillor Titus Seconded by Councillor Krllen RESCL\ED that item 13.8 Comrittee of the VV-de Peel Plaza BWtitures-details be tabled until Deputy Mayor Chase is present. Question being taken, the mmtion was carried 13.8 Comte pienier charge detudier les depenses Wes au Projet de la place Peel - Details Proposition du conseiller Titus Appuyee par le conseiller Nllen RESCLU que le point 13.8 Comte plerier dharge detuder les depenses liees au Projet de la place Peel - Details scit reportejusgdti ee que le n-dre suppleant Chase scit present. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Heather Way Traffic By-LawArrrent Cn motion of Councillor Titus Seconded by Councillor Court RESCL\EDthat theby-ladventitled ABy-LavTo Arnand A By-Law Respecting Traffic Cn Streets In The City of Saint John Made Under The Authority CF The Motor Vehicle Pct, 1973, And Arrendments Theretd', enacted on the 19?" day of Deoenimr, A. D. 2005, v& respect to reducing the speed limit of vehicles on Heather V\try bets een GrandvieNAve. and Hckey Rd, is anh?rided with the fdlovving: 1. Schedule "Nf1"-60kmhSpeed Units- is amended by deleting the, fdlowingwords underthe, fdlovvingheadings: Street, Heather Very, Units, GranWam Ave. to Hckey Rd., be read. Question being taken, the mmtion was carried Read a first time by titled, The By-laNentitled "A By-LauvTo An end A By-Law Respecting Traffic Cn Streets In The City of Said John Made Under The Authority Cf The Motor Vehicle Act, 1973, And Aryendmahts Theretd'. Cn motion of Caxhc iillor Titus Seconded by Councillor Sullivan RESCL\EDthat theby-laNentitled ABy-LavTo A TB-d A By-Law Respecti ng Traffic Cn Streets I n The City of Sai nt John Made Under The Authority CF The Motor Vehicle Pct, 1973, And Armndmahts Theretd', enacted on the 19?" day of Deoenimr, A. D. 2005, with respect to reducing the speed limit of vehicles on Heather V\try bets een GrancMeNAve. and Hckey Rd, is anh?rided with the fdlovving: 1. Schedule "Nf1"-60kmhSpeed Units- is amended by deleting the, fdlowing words under the, following headings: Street, HeatherV\4r, Units Grandview Ave. to Hckey Rd., be read a second time. Question being taken, the mmtion was carried 28 94.440 COMMON OOLMUCONSOL CANNLAVAL APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 Read a seoond time by title, The By-lawentitled A BpLaNTo Arrend A By-Law Respecting Traffic Cn Streets In The City of Saint Johi Made Under The Authority OF The Motor Vehicle Act, 1973, And Arrer~s Thereto". 14. nude des sujets 6mvt6s des questions souniises a I'approbation du conseil 14.1 Modification de I'an-ete concemant la circulation visant la vae Heatlier Proposition du oonseiller Titus Appuyee par le oonseiller Court RESCLU clue I'arr6tb intituie «AT61:6 rracifiant I'arr6tb rdartif a la circulation dens les rues de The City of Saint John edicte oonForntrr ent a la La surles vehicles a nioteur(1973) et modifications afferentes» decrete le V9 jour de d6ceniore 2005, ooncaT ant la reduction de la lin ite de vitesse des vehicules su- la vae Heather enre I'avenue GrandvieNet le chenin Hckey, sat nmcl e come suit : « L'annexe N-1- lin ites de vitesse de 60 km h -est rracifiee par la suppression des mots suivants sous les titres suivarts : Rue, vae Heather; Unites, de I'avenue GrandvieNau chemn Hckey et fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. Prerriere lecture de I'arrete intituie «Arrete rracifiant I'arr6tb relatif a la circulation dens les rues de The City of Saint John edicte oorfoinrrcinrent a la La surles vd4cules a nuteur (1973) et modifications afferentes Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESCLU clue I'arr6tb intituie «AT61:6 rracifiant I'arr6tb reatif a la circulation dens les rues de The City of Saint John edicte corforn rr ent a la La surles v6hcu/es a rrioteur(1973) et modifications afferentes» clea-ete le V9 jour de deoeniore 2005, eoncaTa nt la reduction de la lin ite de vitesse des vehicules su' la vae Heather enre I'avenue GrandvieNet le chenin Hckey, sat nmcl e come suit : « L'annexe N-1- l i n ites de vitesse de 60 km h - est rracifiee par la suppression des mots suivants sous les titres suivarts : Rue, vae Heather; Unites, de I'avenue GrandvieNau chemn Hckey et fasse I'objet dune deuxibim lecture. A I'issue du vote, la proposition est adoptee. Dewd6m lecture de I'arr6tb intitule «Arrete modifiant I'arrete relatif a la circulation clans les rues de The City of Saint John edicte oorfoinrrcinrent a la La surles vd4cules a nuteur (1973) et modifications afferentes 15. General Correspondence 15.1 South End Days Paquest for Furdng Cn motion of Couxallor Court Seconded by Councillor Fan-en RESCLVED that the request for funding from South End Days as outlined in the letter dated April 8, 2009, be referred to the City Mmager. Question being taken, the motion was carried 15. Cornespondance generale 15.1 Demande de firw cement presentee par le Conte des joc mees du quartier sud Proposition du conseiller Court Appuyee par le conseiller Fan-en RESCLU clue la dare ide de fina manent presentee par le Conte desjouinees du quartie- sud, come it est souligne dens la lettre datee du 8 avril 2009, sat transrrise au drecteu- general. A Tissue du vote, la proposition est adoptee. 29 94441 COMM COLMUCONSOL COMML APRIL 27 & MAY 4y XMLES 27 APRIL Er 4 MAI 2009 15.2 Boys and Girls Club report and Request for Furdng Cn motion of Councillor Court Seconded by C ncillor Farren RESCL\ED that the request for kndii ng from the Boys and Girls dub as outlined in the letter dated April 17, 2009, be referred to the City Manager. Question being taken, the motion was carried 15.2 Rapport du Club gx9ons et frlles et derrwide de frnancerrerrt Proposition du oonseiller Court Appryee par le ocnseiller Fanen RESCLU que la derrande de firama a l presentee par le Cdr b garpons et filles, comye it est sculignb dens la lettre datee du 17 aAl 2009, sat transn ise au directeu- general. A Tissue du vote, la proposition est adoptee. 15.3 Letter from Frank Rodgers Cn motion of Councillor Court Seconded by Councillor McGuire RESCL\/ED that the Rodgers letter dated April 23, 2009, regarding the City Manager's Pension, be received for irfonnnation Question being taken, the motion was carried 15.3 Lettre re4xae de Frank Rodgers Proposition du oorrseiller Court Appryee par le ocnseiller Mire RESCLU que la lettre revue de Frank Rodgers datee du 23 avril 2009 relative au *in-e de retraite du directeur general sat acxeptee a titre infomnatif. A Tissue du vote, la proposition est adoptee. 16. Adjw nrrrerrt The Mayor declared the rreeting a4ourred at 6.30 p.m 16. Levee de la seance Le moire dedare que la seance est levee a 18 h 30. M yar/rraire Corrmon Clerk/g-ef6ere oc rrr unale 30 S.~ Eric L. Teed, C.Q.C., C. D., Q.C. 127 Prince William Street, Saint John, New Brunswick, 132L 2B4 Tel: (506) 634-7324 Fax: (506) 634-7423 May 19th, 2009 Common Council. City of Faint John 15Market Square Saint Jahn, NB EL 1E8 Your Worship and Councillors, UNB Saint John is of grooving importance to not only Saint John but the Province as a whole. However, the operation of the University as a whole is established by the Board of Governors. The Mayors of Fredericton and of Saint John are automatically members of the Board of Governors. However if a Mayor is unable to be present at a meeting there is no provisions for the Deputy Mayor of the Municipalities to attend in his stead. This means a municipality cannot be represented for a meeting. This problem was raised in 2001 but it is understood nothing has changed. If my information is still correct, it is suggested the City seek to have the legislation changed so the Deputy Mayor who in other matters fills the function of the Mayor when the Mayor is absent can also attend the Board of Governors meeting in the absence of the Mayor. Yours truly, Eric I; .Geed 31 The city of Saint Jahn May 15, 2009 His Worship Mayor Court And Councillors Your Worship and Councillors, Subject: June 2009 Council Meetings At its meeting held on April 20, 2009, Council adopted a resolution which cancelled the scheduled meeting of June 8"' In order to comply with the procedural by-law, Council is required to meet bi-weekly: therefore, new meeting dates are being proposed. Recommendation: That Common Council meetings be scheduled on June 1, June 15 and June 22, 2009, in order to comply with the procedural by-law. Respectfully Submitted, Jonathan Tay or Assistant Common Clerk SAINT JOHN B.U. Box 1971 Saint John, NB Canada E2L 4L1 I wwwr.saintjohn.ca C.B. 1971 Saint John, N.-B. Canada E2L 4L1 32 DONNA RE A. R D O1` 200 Germain Street Saint John, New Brunswick E2L 2G4 Telephone 506.652.1318 May 13, 2009 His Worship Ivan Court and Members of Common Council One Market Square City Hall Building Saint John, New Brunswick Your Worship and Members of Common Council: The City of Saint John is an old city. Incorporated in 1785, we were once a city that knew how to do things well. This was reflected in our community life, by buildings and streetscapes. Hand cut granite curbing, trees and cobblestones lined our streets. Urban parks and public spaces were developed to provide a quality of life for citizens. Looking back Saint John seems to have been ahead of its time - it was a world class city. Over the last several decades there has been a dismantling of our city. Saint John thought it would be a good idea to tear out its heart and replace it with major arteries to divert people out of the city. Businesses moved or closed, buildings were abandoned or torn down. The city fell into a state of disrepair and decay as its life drained away. Currently we are trying to rejuvenate our City, but we continue to see the dismantling process. Princess Street is under reconstruction and more of our heritage will be lost forever. Granite curbing will be removed and not reinstalled. In its place concrete curbing will be poured. The granite is not only functionally durable and maintenance free, but is also beautiful and hand hewn. It is one of our oldest examples of public art in addition to its functionality. No other product competes with it for durability. It is an amazing feature of our streetscape. It is a tangible link to our past installed by significant members of our society - people who shaped our identity and continued to inspire future generations. They built to last. The decision to use concrete is strictly a dollars and "no sense" decision _ it's cheaper short term. We have designated heritage preservation areas in which cheaper is not an option for the property owner. The municipal government should be mandated to preserve our built heritage in providing appropriate planning, preservation and leading by example. The City should be held to the same standards when repairing streetscapes in those designated heritage areas. 33 Being a world class city is not about size but about quality of life for citizens and the values it holds. We need to celebrate and honor our past. We need to preserve and make assessable our heritage. We need to keep our own history alive. Granite curbing needs to be recycled back into our city streets.. Every city is judged by its streetscapes and we must ensure ours makes a powerful and proud statement. 1 would like to see our Mayor's name stamped into each end of reconstructed sidewalks so we can all remember the legacy left to Saint John by our City's leaders. Respectfully submitted, cc. Telegraph journal, Uptown Saint John, Ken Forrest Planning Dept. City of Saint John 34 Donna Reardon REPORT TO COMMON COUNCIL M & C - 2009-149 22 May 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: city of saint Iohn SUBJECT: Engineering Services for the Replacement of Ventilation / Exhaust System at the Central Fleet Garage. BACKGROUND: The City's Central Fleet Garage at 175 Rothesay Avenue was built in the early to mid 1950's and has undergone a series of renovations and additions over the years. Most recently a Welding Shop was added to the building in 1986 and an upper floor consisting of office space was added in 1990. The existing ventilation/exhaust system is made up of a single exhaust fan located in the Central Fleet Garage with a main duct that extends from one end to the other with lateral duct branches and drops to vehicle bays below. This system provides vehicle exhaust only, the facility currently has no general exhaust/ ventilation system. An RFP was issued to engage engineering services to manage the complete project, prepare tender design plans and specifications, and construction management for the replacement of the existing vehicle exhaust system as well as the installation of a new make-up air system and a general exhaust/ventilation system complete with gas detection system at the Central Fleet Garage. ANALYSIS: Three firms chose to respond by submitting offers. Hatch Mott MacDonald Rothesay, NB ADI Limited Saint John, NB MCW Maricor Moncton, NB 35 PAGE TWO ANALYSIS CONT'D: A proposal evaluation committee, consisting of representatives from Materials and Fleet Management, Facilities Management, and the City's Safety Officer reviewed each submission against standard evaluation criteria including: Quality and completeness of submission Demonstrated experience in similar projects Expertise and qualifications of staff Methodology Cost Upon completion of the proposal review, the evaluation committee unanimously ranked the proposal from Hatch Mott MacDonald first as it was superior in services offered and demonstrated an extremely detailed and inclusive work plan. FINANCIAL CONSIDERATIONS: The total cost for engineering services for the replacement of the existing vehicle exhaust system as well as the installation of a new make-up air system and a general exhaust/ventilation system complete with a gas detection system at the Central Fleet Garage, if awarded as recommended, will be $29,921.00 plus tax. This is a planned expenditure for which frinds have been allocated in the Facilities Management Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by Hatch Mott MacDonald to provide engineering services for the replacement of the existing vehicle exhaust system as well as the installation of a new make-up air system and a general exhaust/ventilation system complete with gas detection system at the Central Fleet Garage in the amount of $29,921.00 plus tax, be accepted. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 36 REPORT TO COMMON COUNCIL M & C - 2009-147 22 May 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender- 2009-085101T Washroom Upgrade, City Market BACKGROUND: City of sent john During preparation of the 2009 Facilities Management Capital Budget, consideration was given to cover the cost to upgrade of public washroom facilities at the City Market. This is a high-visibility location and these renovations are necessary to bring the facilities up to a suitable standard for cruise ship passengers, visitors and patrons alike. All efforts will be made to decrease the disruption to the daily operations ofthe market including restrictions on dust control and allowable timeframes for noisy work. As a condition of the tender, the contractor is required to complete all work within a one week timeframe by working a 24 hour operation if required. Scheduling of all work will be coordinated with the City Market manager and the City representative. Signage will be posted to indicate the washrooms are undergoing renovations and will redirect traffic to washroom facilities at Brunswick Square. Staff are having ongoing discussions to make available additional public washroom facilities in the Market, or in the Shoppes of City Hall during this constriction period. ANALYSIS: In addition to advertising this tender on the City of Saint John web page, copies of the tender call were distributed to a number of contracting firms. This action resulted in the receipt of four bids each of which has been reviewed by staffs of Facilities Management and Materials & Fleet Management. The bids have all been found to be complete in every regard. 37 PAGE TWO ANALYSIS CONT'D: The following list of the bids received is being presented for Council's consideration: Brice E. Lawson Contractor Ltd. $98,295.00 Avondale Constriction Limited $82,000.00 King Constriction Ltd. $70,000.00 ICR General Contractors Limited $64,950.00 FINANCIAL IMPLICATIONS: The total cost to upgrade the public washrooms at the City Market, if awarded as recommended to the low bidder will be $64,950.00 plus tax This is a planned expenditure and as such funds are available in the Capital Budget. RECOMMENDATION: It is recommended that the tender, for the supply of all necessary labour , materials and equipment required to upgrade the public washrooms at the City Market, submitted by ICR General Contractors Limited of Saint John, NB, in the amount of $64,950.00, be accepted. Respectfully submitted, (0j, David Logan Purchasing Agent T.L. Totten, FCA City Manager 38 M & C 2009 - 145 May 20, 2009 11 - m "0 ~I ~ ~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: '111t. LA' u: iia Juhn SUBJECT: ENGINEERING SERVICES - ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND SOILS TESTING AND INSPECTION FOR 2009 BACKGROUND Proposals were called by Municipal Operations and Engineering for engineering inspection and testing services during the 2009 construction season for: Asphalt concrete mix and placement; Portland cement concrete; Soils compaction. In each of these three areas there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base/subbase aggregate for road construction, retaining wall construction and other projects. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for asphalt concrete, Portland cement concrete and soils testing and inspection for 2009 on various projects approved under the Operating Program, General Fund and Utility Fund Capital Programs. ANALYSIS With a comprehensive and very detailed terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. Submissions were received from two consulting engineering companies. In conjunction with the comprehensive review of its General Specifications for construction contracts and with the assistance of expert technical advice, the City of Saint John has developed updated and enhanced specifications for hot-mix asphalt concrete for roadway systems, including standards for quality assurance. These higher standards have been incorporated into the terms of reference for this call for proposals. 39 M & C 2009-145 May 20, 2009 Page 2 A Review Committee of staff was selected to complete an analysis of all aspects of the submissions: ♦ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ♦ James D. Flogeras, P.Eng. Municipal Engineer ♦ Holly Young, P.Eng. Manager, Infrastructure Development ♦ Kevin O'Brien, P.Eng. Operations Manager, Transportation ♦ Dave Logan Purchasing Agent/Manager, Materials and Fleet Management Each member completed an independent review of the submissions, and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a unanimous conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Operations and Engineering to ensure a thorough review of the various submissions. The work contemplated is very significant, vital to the overall Transportation system and with a high consequence of error. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. Proposals were received from the following two firms: • Conquest Engineering, Saint John, N.B. • Gemtec, Saint John, N.B. As previously stated, the proposals were reviewed on the basis of the comprehensive and detailed terms of reference and their relationship to the following criteria: 1. Quality and Completeness - Does the proposal address all of the concerns raised? 2. Experience - Has the consultant demonstrated, for all parties concerned (primary consultant firm, sub consultant firms and staff of both), sufficient experience with this type of project? 3. Methodologv - Has the consultant addressed all of the areas called for in the terms of reference and have they allowed sufficient time and resources to adequately address all needs? 40 M & C 2009-145 May 20, 2009 Page 3 4. Cost - Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration the Review Committee unanimously selected the submission of Conquest Engineering Ltd. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Conquest Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Conquest Engineering Ltd. to provide engineering services for asphalt concrete, Portland cement concrete and soils testing and inspection services for 2009 is approximately $148,241.80 not including the City's eligible HST rebate. Funds to cover the cost of these services are included in the Operating Program, General Fund and Utility Fund Capital Program Budgets. RECOMMENDATION It is recommended that the proposal of Conquest Engineering Ltd. for Engineering Services - Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2009 be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 41 Leisure Services Services des Ioisirs kiv.saintjohn.ca Tuesday, April 28, 2009 P.Q. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 His Worship Mayor Ivan Court and Members of Common Council Dear Mayor Court and Council, The Leisure Services Advisory Board wishes to advise you that we the Board are in support of constructing a fence at the Samuel de Champlain field. Sincerely yours, Barry Ogden Leisure Services Advisory Board Chairperson 42 REV M&C-2001 May 25, 2009 I,` 10 N His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Shamrock Park Land Issues BACKGROUND: Within the 2009 Capital Program, as approved by Common Council, there is a project identified as "Shamrock Park - Phase I initial design work and BMX trail" with a funding of $250,000. In March 2009, Common Council for the City of Saint John approved a new Shamrock Park Master Plan. This plan identified a number of improvements and additions to the existing park facilities. Included in these additions is a concept drawing of the entire park including the BMX trails (Appendix A). In preparing to construct the BMX trails, staff has become aware of encroachments onto park property by abutting land owners. On preliminary investigation, these encroachments range from sitting of storage sheds, paved parking spots or driveways, placing fill, to storing heavy construction machinery and materials. (Appendix B). This report is for the information of Council. ANALYSIS: Staff is currently reviewing files in Property Management, Municipal Operations and Leisure Services to determine any previous dealings with encroachments in Shamrock Park. In addition, a survey is being done to clearly establish the park property lines in the area concerned. This survey will also quantify any encroachments within the project area. Once the survey is complete, letters will be sent to each property owner explaining the issue and instructing them to remove any structure or obstacle they have placed on park property. FINANCIAL: The survey will cost approximately $10,000; further expenditures will be dependent on the cooperation of the affected property owners. Rv 'T h, v.. Ichn 43 RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Bernie Morrison Comm' loner of Lei Terrence L. Totten, C.A. City Manager 44 Appendix A Location of proposed BMX bike park trails 1 1 x t 1 : I v NM~MS'~ V4~~e~,rv Mi 45 Appendix B Location of encroachments 46 Your Worship and Members of Council, SUBJECT: ESTABLISHMENT CHANGE - MUNICIPAL ENGINEERING RESOURCES PURPOSE OF REPORT The purpose of this report is to ask for Council approval to re-designate an existing position in Municipal Operations and Engineering. BACKGROUND City of Saint John has expanded its Capital programs considerably over recent years. With major long-term initiatives like Harbour Clean-Up adding substantially to the overall workload, the number and size of so-called normal street reconstruction, stormwater management, environmental, sanitary sewer and water renewal projects have also grown. All existing professional engineering staff are fully committed and a good number of projects are being handled by operations managers and technical staff. ANALYSIS Available professional engineering resources are not sufficient to manage the Capital construction programs and the various design projects approved by Council; in fact, we are two full professional engineering resources short. The roles provide for program management, guide project development, supervise contracts with consultants and contractors, and protect the substantial public investments being made. Although consulting firms are being utilized like never before, necessary internal engineering resources are stretched beyond capacity. We are also facing the prospect of several retirements, particularly among technical staff. Given the combination of these changes, the limited availability of people in the market and the pressing gap at the professional level, we are suggesting an establishment change: to reduce the number of engineering technologist positions by one (a currently vacant position) and increase the number of professional engineer positions by one. 47 Establishment Change - Municipal Engineering Resources May 31s', 2009 Report to Common Council, M&C 2009 - 148 Page 2 Resource requirements for Capital programs are being reviewed and we expect to be soon making a submission related to program management for the Action Plan for Safe, Clean Drinking Water. This could involve a full range of professional, technical and consulting resources. The cost of these human and consulting resources would be charged directly to drinking water Capital projects. Further, we are also looking to prepare for the possible retirement of two to three very experienced technical staff with the view of bringing on replacements for a period of transition. The proposal herein will help deal with our most pressing engineering need. FINANCIAL IMPLICATIONS The cost difference for these positions is about $20,000. This amount will be covered within the existing budget envelop. RECOMMENDATION It is recommended that Common Council approve the following change in the personnel establishment: reduce the number of engineering technologist positions by one and increase the number of professional engineer positions by one. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations and Engineering Terrence L. Totten, FCA City Manager 48 0, R M & C 2009 - 146 May 20, 2009 His Worship Mayor Ivan Court The LL.- Of ~ j-h and Members of Common Council Your Worship and Members of Council, SUBJECT: Wellfield Protection Study PURPOSE To inform Common Council of an undertaking to have the wellfields in the Harbourview Subdivision protected. BACKGROUND Water is supplied to over 200 homes in the Harbourview Subdivision via two (2) wells operated by the City of Saint John as part of the formal Approval to Operate, as issued by the Minister of Environment. The primary well is located on Seaward Crescent and the back-up well on Ocean Drive. Saint John Water and the New Brunswick Department of Environment are collaborating to bring about formal protection plans for the Harbourview Subdivision wellfields. As part of an overall strategy to maintain clean, plentiful drinking water supplies, the province of New Brunswick has introduced a program for protecting the quality and quantity of municipal groundwater sources. The program involves identification of the recharge areas (also known as the wellfield zone) for each of the production wells and management of land uses within the areas so as to ensure that groundwater supplies are protected. Specifically, Section 14 of the Clean Water Act gives power to the Minister of Environment to designate protected areas around any waters used now or in the future as a public water supply. Within such a protected area, the Minister may: 1. Allocate the use of water, 2. Control, prohibit, or limit any activity or thing which might impair the quality or quantity of the water, 3. Restrict or prohibit unsuitable land uses, and 4. Establish and enforce guidelines and standards for the purpose of protecting the quantity and the quality of the water supply. 49 M&C 2009-146 Wellfield Protection Studti May 21, 2009 Page 2 The goal of these measures is to protect the integrity of the water supply through land-use controls, while providing equitable treatment for property owners in the controlled/protected areas. ANALYSIS Two proposals have been received from consultants for services relating to conducting the study of the wellfields. Gemtec Limited $19,725.00 Fredericton, NB Dillon Consulting $39,440.00 Saint John, NB Both proposals were reviewed by a steering committee made up of representatives of the Department of Environment and Saint John Water. The proposals were found to be complete and to have met the requirements of the Terms of Reference. The committee has decided that Gemtec Limited has the necessary resources and expertise to perform the work and the submission meets all the requirements of the proposal call. The wellfield protection study will be completed by a senior hydrogeological consultant who will delineate the recharge areas of the production wells. The recharge area is subdivided into three zones and the inconsistent land uses and zoning are identified within these zones by senior planners. Once completed, a plan will be developed from the results of the hydrogeological modeling with three areas identified for regulatory control. This allows progressively less stringent land use controls for areas, which are further from the wellhead. For instance, the most stringent controls are required for areas where groundwater travel times to the well are less than 250 days and identified as Zone A (100 days for sand and gravel aquifers). Zone B represents a groundwater travel time from 100 to 250 days to 5 years and addresses the hazards from potential petroleum spillage, which tend to break down or be absorbed by the aquifer components in a period of somewhat less than 5 years. Zone C with groundwater travel times of 25 years, indicative of the total area recharging the wells, will require land use restrictions to minimize potential impacts from such hazards as indicated in the guidelines. Once completed, Council will be provided with a presentation of the study, the wellfield protected areas, the Wellfield Designation Order and the non-complying land uses (if any) and the activities permitted within a protected wellfield. Council will then be asked to pass a Resolution of Council to have the wellfield protected. Should Council decide to adopt a Wellfield Protected Designation Order for the wellfield protected area, an open house would be held to discuss the protection areas with the general public. Finally, protection areas would then 50 M&C 2009-146 Wellfield Protection Studti May 21, 2009 Page ; be considered for designation by the Minister of Environment. It is important to note that through a study completed in 2008 by Dillon Consulting which looked at the various means of supplying water to the Harbourview Subdivision in the short-term and in the longer-term, residents have been made aware of the planned protection initiative through newsletters that were mailed to homes and through two public meetings held June 11, 2008 and November 26, 2008. The process is expected to take approximately 3 months from date of project award. FINANCIAL IMPLICATIONS The Province has contributed $6,000 to the cost of the study and the remaining $13,725 will be managed within the overall Saint John Water operating budget. RECOMMENDATION It is recommended that this report be received and filed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 51 I V ~ u i ii mm IIIIIII III F OPEN SESSION M & C 2009 - 140 May 19, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Adeleide Street Maintenance Garage - Change Order due to site conditions City of Safta Jahn BACKGROUND In October of 2008 a tender closed for the constriction of a new Maintenance Garage at the back of the Adeleide Street Leisure Services Building. On October 27th22008 Council approved the awarding of this contract to the lowest bidder, Erb's Enterprises Ltd. (the Contractor) in the amount of $332,123.90 plus H.S.T.. Subsequent to award of contract, some concerns were identified with respect to the existing site soil conditions at the proposed building site. Although no adverse soil conditions were encountered during constriction of the near-by Leisure Services Building addition, anecdotal evidence suggested that the proposed building site contained fill and rabble material. Test pits were dug around the site and a soils engineer engaged to provide recommendations on foundation design. The test pits identified varying soils conditions including sloping bedrock layer and a layer of poor soil which is unsuitable for bearing. It was recommended that this layer of poor soil be removed and replaced with proper engineered fill. In addition to these changes to the sitework, other modifications were made to the building design to satisfy the requirements of the National Building Code and improve the functionality of the stricture as a whole. These changes were given to the Contractor for pricing, and they provided a price of $79,553.49 excluding H.S.T.. ANALYSIS In evaluating the amount of this Change Order, City staff performed independent material take-offs and verified unit costs. The price has been determined to be reasonable considering the scope of the work. Depending on the extent of rock 52 M & C 2009 - 140 -2- May 19, 2009 removal required there may be additional charges for extras which will be partially offset by reduced quantities for excavation and backfill. These changes are necessary and would have occurred either at the time of tender or as a change order during the course of the work. This project was originally included in the 2008 Facility Management capital program. The base amount of the contract was carried forward to the 2009 fiscal year, however any extras occurring during the constriction will be expended from the 2009 capital budget. Staff has reviewed the capital program for 2009, and due to some modifications to projects planned for this year, staff advises this expenditure of $79,553.49 can be included within the existing Facility Management capital program. RECOMMENDATION Your City Manager recommends that Council proceed with this Change Order to the contract for the Adeleide Street Maintenance Garage, in the amount of $79,553.49 plus HST. Respectfully submitted, Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services ~Vzll~ Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 53 M&C-2009-141 May 6, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 251 Wentworth Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The frill applications are available in the Common Cleric's office and will form part of the documentation presented at the public hearing. The following application has been received. Name of Location Existing Applicant Zone W&S General 251 Wentworth Contractors Ltd. Street RECOMMENDATION: Proposed Reason Zone Sec. 39 To permit the amendment community policing office to have vinyl siding and trim, commercial glass front door entrance and overhead elect- rical connection That Common Council schedule the public hearing for the Section 39 application of W&S General Contractors Ltd. (251 Wentworth Street) for Monday, June 22, 2009 at 54 Report to Common Council Page 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF/r 55 M & C -2009-142 May 22, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP-UP AND CLOSE PORTION OF MITCHELL STREET BACKGROUND: Hughes Surveys and Consultants Inc. are representing the owner of Mitchell Apartments Inc. who owns the property identified on the attached plan as PID number 235;1. This property contains a total of 72 dwelling units contained within an apartment complex. The above noted property surrounds the entirety of Mitchell Street, being a public street within the City of Saint John. No other property benefits from the use of Mitchell Street or its municipal services infrastructure. The owner is requesting to stop-up and close, and subsequently purchase the majority of the Mitchell Street right-of-way to allow the conversion of the apartments contained on the subject property to condominium units. The only portion of Mitchell Street that will remain open is immediately adjoining Parks Street. This will remain a public street to provide access to a City owned pump/lift station. ANALYSIS: As noted above, Mitchell Street serves only one property. For years, the property owner has been responsible for the snow ploughing of Mitchell Street. The municipal services contained within the street right-of-way benefit only the 72 apartment units. If Council is agreeable to the street closure and subsequent sale of the property, Mitchell Apartments Inc. will acquire responsibility and ownership of these services. City Engineering has had a number of discussions with the proponent and has reviewed the servicing and survey plans for this proposal and have no concerns with the street closure and subsequent sale of this property. There are municipal services that currently encroach onto the Mitchell Apartment Inc. property near the southwestern corner of the street to be closed. City Engineering will require a municipal services easement over this area. The proponent is aware of this request and is prepared to grant such an easement to the City. 56 Staff and the proponent have discussed the sale price for the affected parcel of land if the street is closed. It is expected the transaction will include market value for the closed street and a separate agreed upon price for the City to acquire the necessary easement. The proponent will be also be responsible for all costs associated with the administrative process to close a street, including advertisement, translation and survey work. Staff would provide a further report to Council for their consideration on this matter once the total price is determined. The recommendation contained in this report will facilitate the process for the street closure of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close a 1,689.2 square metre ± portion of a public street known as Mitchell Street, be set for Monday, June 15, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL/c 57 Yi ♦Y "Y YM Y+ ...t,.a. i Y" A ♦i ~ ` as,arlT. . e + Y+a°i cr f a~ ~a a ¢a li 4 1 +,.e M1M1"i ~ i"i1 i i"~ (p "iq O,{RSS{a, .,pYYiY1~ a' !t Qy p,•}2 lift iiY+ » m • Y v a u ..at.Yaa r i 34 a 11 Ql ~Pi ~.•y y' 7tt { 0. 21 It. ai St to !I I % of hell ' + 5~ era . n,rtlon. of M~tc a of p _UP and clasu pro eet potential St•padjoining t'Qn of pe'l' Plan. nt ance to s: St Mitchell Str DeSC p U conye~ - Addres f reef and subse4'~ 9 7 r iOO t4aV plp : o l A date- Pan: N 1 A 58 Y i o~aylo3~ a~e _a 4 a ~ G1 ~ F 'Y Q ~p HHH~HI~HNNw NUNNNNk g$ u VV VV"~~Lg1VV iaii'Yf ~~r P 4 . Iwo 4\ a~ P lie tit V r%!1 9- . 94 10 Lama tit g~ ~ . Sol P • TIM 4F b x a7~99~~ 9 V tg~ -sows F { ~gggS a, 0 M & C -2009-138 May 22, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP-UP AND CLOSE PORTION OF CROWN STREET BACKGROUND: Hughes Surveys and Consultants Inc. represent 640610 N.B. Ltd. who owns PID 4 55196950 which fronts on Princess, Crown and Leinster Streets (see attached plan). The proponent is requesting that the City stop-up and close a triangular portion of the Crown Street right-of-way, so they can purchase the 126 square metres of land and straighten out their frontage along Crown Street. ANALYSIS: The property identified as PID 4 55196950 is a 1,235 square metre parcel of RM- IF (Multiple Residential In Fill) zoned land which is ready for re-development. The owners of this land intend to redevelop it with a residential townhouse use under its existing zoning. City Engineering has no objection to the closure and subsequent sale of this 126 square metre portion of Crown Street, to enhance the development potential of PID 4 55196950. Staff and the proponent have discussed the sale price for the affected parcel of land and have reached a consensus. The proponent will be responsible for all costs associated with the street closure, including advertisement, translation, survey work and a value for the land. Staff would provide a further report to Council for their consideration on this matter once the total price is determined. The recommendation contained in this report will facilitate the process for the street closure of the subject property. 60 RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close a 126 square metre ± portion of a public street known as Crown Street, be set for Monday, June 15, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager pia 61 ►~.TH is s _ f~ U-11-P eBig a _ E l Y 9S WO + Ill. A 4 +1,g + s SM 321L + ti Vy B ~ G d • ~ ~ w ~ NQyNQIJNN 6 VyVyyVyVyyVyy a _ • ~ ~ ~OGaa i a ak - Ne "Fill - Ito fill + /pgjlg UPANO 6 e vva ~ y u u y ww : 6 At t a It 6t zSM 275 1 !S6 J00 s aas 325 ams own di V PROCLAMATION WHEREAS: the City of Saint John is committed to assisting citizens with disabilities to participate fully in the resources of our community; and WHEREAS: many persons living with disabilities face barriers in the areas of employment, access to information, transportation, housing, education, recreation and other disability-related supports; and WHEREAS: we believe that more citizens with disabilities should have the chance to access appropriate disability related supports to improve their opportunities in New Brunswick; and WHEREAS: we support the theme "Disability Awareness- Disability Supports Create Set(-Sufficiency"; NOW THEREFORE: I, Mayor Ivan Court, " _Qof Saint Jolla do hereby request that citizens join in recognizing persons with disabilities and their potential role in our community by the observance of Disability Awareness Week, May 315 to June 61", 2009. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint Jahn. SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 ~ vw wsaintjohn.ca CA 1971 Saink John, N.-B. Canada EA 41 63 1 ff Y The City of Saint John P,R aAMA'A ON WHEREAS: The Saint John Fire Department and the Saint John Police Force along with the Greater Saint John Safe Kid's Committee in the City of Saint John, County of Saint John, Province of New Brunswick is concerned about the safety and health of its citizens; and WHEREAS: the Safe Kids Week as presented by Greater Saint John Safe Kid's Committee, is dedicated to preventing and reducing all injuries especially those which lead to disability and death in the City of Saint John, the committee wishes to inform citizens that MOST injuries are preventable by looking first before you do something, wearing the proper gear, and getting trained, and WHEREAS: this year's campaign focuses on "Home Product Safety," and measures that each responsible person can take to ensure their safety as well as the safety of others they are responsible for, and that they are fully aware of the possible dangers of household items and products and will take due and diligent care when using and/or storing, items including, but not limited to, trampolines, cribs, strollers, cleaning products and medications; and WHEREAS: the committee will be holding, a Safe Kid's Expo this Saturday, May 30th, from 10:30am until 2:30pm at the Rockwood Park Kiwanis Play Park and Fisher Lake; and NOW THEREFORE: I Mayor Ivan Court of the City a Saint John do hereby proclaim the week of May 25th - May 31st, 2009 as National Safe Kid's Week and call upon all citizens and urge everyone to take the time to prepare yourselves and your children to think safety first, this week and every week thereafter. In witness whereof l have set my hand and affixed the official seal Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 vw+wwsaintiohn.ca CA 1971 Saint John, 64 04/07/2009 10:37 1 PLANNING AND DEVELOP PAGE 03/04 A,ppllcat;on for a Zoning By-law Amendment r A ~ APR 7 2009 Demande de modificadon I Farri* sir le nonage J APPikafft Rdated Information / Reemignements sur le demandeor w' I Name of Applicant / Nom do deuandw Maif ng Adck of gpli=i A punk do duandw I Fossil code / Cade postal ~2 7` J Tek m Nmnber / NmmEm de WEp w 6 q -,?o p Home 1 Domicile al-, 1 7 7 work I Travail 6 56~ 0~ Fax Nmba l Nucnft dt tNtoopiear ~ A- ?00 Name of Property Owns di$ertut) / Nom do peoprilminc (A diftw) ~.w.w Address 1 Mdt= Pastel Code I Cade postal Property information / Renseignements sor la proprifit LocHica/ Pamplaoemem .31-1- 4th - ,l 1~Itl r ~G~ ~0 3 ~CsQ2 Civic # 1 No de voiric SUset /tue P1D r NIP Lrs Arta 1 &Ve&de da fat ~1 Y SM FmWW / Facade ra rte Existing Use d Progeny / Ubbm6on actoefle de la proprW M.41?r1'1 eOV9 7 Disipatkgoagon Plan W Use Desi twm s d~, _ /1,¢-1~~ • e I~ de man des tarts rm k plan munidpad U b Amendment Rquested / Modification demandie , Przserrt Zanimg / Zaosge acard ~ ~~TY~-~-~` I /1~Q~1~~~~^ l ~ ~ J R- C"f Chmgt ze®g to r Moffkadour eu zopage d andr(c 1 on 0 Text (imdfcatc partlalM) / Modification due Me (uAgm lm dtx uis) 65 04/07/2009 10:37 1 PLANNING AND DEVELOP PAGE 04/04 Development Proposal / Proposition d'nminasemeat Dent *m of Proposal / Demuipiop de la taoposition You mast provide a scded sNe plmr that ilhrszeales Moms devea foumir sin pkw du size b Fichelle illusam►f votre yow proposal You may olmo provide phologra*, buildingplag elevation drawings and mry other farm of informatiom The plan must show the dinreoom of the pm", the kxxdion of all buildlW, driveways,, pm*" meal, lmsdaceong and signs. It Is important than the distance betwen the prop" boundary and boUngs are shmm. proposldan. Voaspoave: igairment foumir des photographies~ des plans de Wment du dessins de plan d'tldvation e► route oun forme ale nnseignement Le plus doit indigaer ks dimensions de )a praprigl;,1'emplommrnr d? la toldili des bMmm(% des allkes, des odres de sralionnMM des mntnagemenls paysagers et des pwwwat de sigaah-radon R est importanl d'indiquer la distance enure la lindles de la propriN et lea bdom", Pmvidc r€mm wby these its sboold be appeovoi I Fomw tma moue reosei8oement CDOMMml VOde poopOSWO eM Past Lew 1 Provide say other im0medan ebom your proposal that would be helpful / Fommk tam am►e momocmed oonoetm votre pmpaswon 0 pomtrait km dk Si p aw (if App CM I Sot= du demnd mr U SM ,Applic ift Fa RvWsod I 0--joimf ks fume de demaade de 400 S If}ou are nol the owner of the land In question & vow Wiles pas k pmprMAoire du foram en question, pleas have the owner air below The sig*we of veuilles obtenir to signature du pmprretaire daps to panic the awner ld oathoridng this application ropromed ei-ctsssoua. La signaMm stir pmp idane autorisant It for considemdon by cm" Council traftemertl de In prissnfe dem n& pour gue aelte derrridre it eXoWnh le conse►l eammund. Si®oamue of Owner (if applicable) Sipmr due proprihlaim (s'i1 y a lieu) Date: ~zo9 66 „Y x, as e, j40 o_ 0036S 'z s 181 os _ s sr v o a s rs v >201 sr 4205 0 "30 P'l ~z 67 0 V 0 ©s ss ss ao 6o a T 68 City of Saint John INTERNAL INSERTION ORDER Reference: 372 Ludlow Street- nine By-LRw Amendment Newspaper Insertion e (Check as applicable) ( = Saint Journal) John Telegraph JTJ City Information A Date(s): April 2, 2009 May 19, 2009 Section Headline: General Notice Tender Proposal 69 rl~'-P)Llc NOTICE 1 Public Nonce is hci~bv piven drat the Common Council 01"I'lie City of Saint John inIcnds tucomider amending the City of Saint John Zoning ®yalaw at its regular mectrngio Ice held in the Council Chamber on hlonda)e Moo 25.209 at 7:00 p,m.. by. Rcmiung a parcel of land with an ,irea of approxintatele 300 squaic metres. lmdlcd at 372 Ludlox Street, also identified as PID No 00365924, Cram °R-2" One and Tno Famih Resldenfial to'R- 4" F Famils Residenlial. A 'Is PUBUA Par les prescules. on avi! i ri is est dor par lcqucl ]c conurl command] do Thu Crfy of Saint John mdiquc sun intention deludier la modificuuon sunante a 1'an'Ri sat le aonagc de the Cni of Sarni John, fors do la reunion ordinaue qui se ttcndra dins la safe du consuil It lundi 25 niai 2009 n 19 h Rczonage dune parcelle de Icrrun dune superfine d'environ 300 metres carre5, siluee an 372. rue Ludlow. el poriant le NID 00365924, do zone residendelle- habiinfiom unifsmiliales el bifamiiiales "R-2r> a zone rWileadelle ® habilafions de qualre loge is (14n RAISON DE LA MODIFICATION: Reconoahre I`ulihsation d'un edifice a troy, ingemenls existanl hli fh Gormley. Common Clerk Elizabeth Gormley, GTefGi°rc communale 651-2862 656®2962 P.O. it r SAINT JOHN NB (N.-B.) E21, 41A www.saintjohnn 70 PROPOSED ZONING BY-LAW AMENDMENT RE: 372 LUDLOW STREET 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, May 25, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID No. 00365924, from "R-2" One and Two Family Residential to "-4" Four Family Residential. REASON FOR CHANGE: To recognize an existing three-family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'AETE SU LE ZONAGE OBJET: 372, RUE LUDLOW Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante A Parr& sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la Salle du conseil le lundi 25 mai 2009 a 19 h : RAISON E LA MODIFICATION: Reconnaitre ('utilisation Tun edifice a trois logements existant. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisnre et du developpement a 1116tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit A I'attention du soussigne a I'h6tel de ville. Elizabeth Gormley, Greffiere communale 6582862 71 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: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID number 00365924, from "R-2" One and Two Family Residential to "R-4" Four Family Residential - 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. 2009 and signed by: ayor/ aire ARRETE N° C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arret6 sur le zonage de The City of Saint John, decrete le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de 1'annexe ccA», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 300 metres carr6s, situ6e au 372, rue Ludlow, et portant le NID 00365924, de zone r6sidentielle - habitations unifamiliales et bifamiliales uR-2>r a zone r6sidentielle - habitations de quatre logements ccR-4» - toutes les modifications sont indiqu6cs sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common ClerfGreffi6re communale First Reading - Premiere lecture Second Reading - Deuxi6e lecture Third Reading - Troisieme lecture 72 Planning Advisory Committee May 21, 2009 Your Worship and Councillors: P.O. BOX 1971 Saint John New Brunswick Canada E2L 4LI SUBJECT: Rezoning Application - 372 Ludlow Street On April 27, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2009 meeting. tlUa U FOF.~y u0¢~~TyUFG~ City of Saint John Mr. Derek Webster appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in support of or in opposition to the application, and no letters were received by the Committee. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: 1. That Common Council rezone 372 Ludlow Street (PID 00365924) from "R-2" One and Two Family Residential to "R-4" Four Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 372 Ludlow Street (PID 00365924) be subject to the following condition: a. The use of the property is limited to a maximum of three dwelling units. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-110 73 506 658-2800 DATE: MAY 15, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 20, 2009 Holly McMackin Planner - Dillon Consulting Ltd. SUBJECT: Name of Applicant: Gerry Webster [on behalf of Matrix Management Inc.] Name of Owner: Same Location: 372 Ludlow Street PID: 00365924 Municipal Plan: Low Density Residential Zoning: Existing: "R-2" Two Fancily Residential Proposed: "R-4" Proposal: To rezone the property to legalize its longstanding use as a three-family residence. Type of Application: Rezoning JURISDICTION OF COMMITTEE: r 1W SAINT JOHN P.O. Box 1971 Saint john, NB Canada F2L4L1 I www.saintjohn.ca I CA 1971 Saint John, N: B. Canada E21L41-1 74 Matrix Management Inc. Page 2 3 72 Ludlow Street May 15, 2009 Common Council has requested the views of the Planning Advisory Committee concerning the proposed rezoning. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, May 25, 2009 at 7:00 p.m. STAFF RECOMMENDATION TO COMMITTEE: 1) That Common Council Common Council rezone 372 Ludlow Street (PID 00365924) from "R-2" One and Two Family Residential to "R-4" Four Family Residential. 2) That pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 372 Ludlow Street (PID 00365924) be subject to the following condition: a) The use of the property is limited to a maximum of three dwelling units. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed rezoning. Building and Technical Services indicates that a recent minimum standards inspection recorded few deficiencies at this property, Their records confirm that the third unit has been in place since at least 1989. Building and Technical Services have no objections to the proposed rezoning. Saint John Fire Department has been notified of this proposal. ANALYSIS: The subject property is located on the corner of Ludlow Street and St. James Street West in the Lower West Side (Figure 1). This is a residential area comprised of one, two and multi-family buildings built in the early to mid-twentieth century. The building on the subject site is similar to other buildings in the immediate area, being a two-storey residential structure (Figure 2). Two parking areas together provide four spaces to the building's residents; one parking area is located off Saint James Street and the other is located off Ludlow Street. Use of the property as a three unit apartment building is long standing. The applicant believes that the property has been used as a three-family building for over 25 years; Building Inspection's records indicate the third unit has been in place since at least 1989. The applicant recently purchased the property, at which time the discrepancy between the property's use and its zoning was discovered. The new owner has now applied to rezone the building from the present "R-2" One and Two Family Residential zone to a zone that recognizes the existing use as a three-family dwelling. The City's Zoning By-law does not have an "R-3" zone; therefore an "R-4" Four Family Residential zoning is being proposed. Should Common Council approve this application, it is suggested that use of the building be limited to a three-family dwelling as a condition of the rezoning, pursuant to Section 39 of the Community Planning Act. 75 Matrix Management Inc. Page 3 372 Ludlow Street May 15, 2009 The existing use of the building appears to fit in with the overall neighbourhood. Surrounding properties are a mix of single-family, two-family and multiple-family buildings. A small number of these multi-unit buildings are zoned "R-4" Four Family Residential, and council approved a similar rezoning from "R-2" to "R-4" at 258 Tower Road in 1998. Many of the neighbourhoods multiple family buildings are zoned "R-2" One and Two Family Residential; their legal status may be the same as the subject site. None of these dwellings appear out of place in the neighbourhood. The long-standing existence of the additional unit, with no record of any formal complaints, suggests that the use of the property has not caused any major land use conflicts in the neighbourhood. CONCLUSION: The existing use of the building appears to fit in with the overall neighbourhood. Approval of the proposed rezoning can be supported on the basis that the third unit has existed for some time with few or no apparent problems and with no known complaints. The building and property both appear large enough to accommodate the third unit. Additionally, the use of the property is similar to several nearby properties, some of which are already zoned "R-4" Four Family Residential. While rezoning to "R-4" Four Family Residential is recommended, it is also recommended that the use be limited to a maximum of three units. DILLON Project No. 09-110 76 Matrix Management Inc. 372 Ludlow Street Page 4 May 15, 2009 77 Matrix Management Inc. 372 Ludlow Street Page 5 May 15, 2009 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPENIENT .2 ~ w ~r y • w i gtii w~ ~ Z • r~ , r ♦ e / M R M - 44r _4 1 ! . • r ~ • to I• ~ M ! r i. / X11 n ~ ~4 grtr•r • r• r•! Location: 372 rue Ludlow Street Date: April 24, 2009 Scale/6chelle: Not to scale/Pas ;N 1'6chelle Figure 1. Location of 371 Ludlow Street in the Lower West Side. -.gzkll q 78 PI D(s)/NI P(s): 00365924 Subject Site/site en question: Matrix Management Inc. 372 Ludlow Street Page 6 May 15, 2009 79 Figure 2. 372 Ludlow Street. a Application for a 4urdeipal Flat -and Zoning By-law Amendment Demande de modification au plan municipal et a I'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant /Nom du demandeurz_L\~e_ C ~OYI ,t~TY1~X1~ tzp ~~vieeS Mailing Address of applicant / Addresse postale du demandeur- Lruw 00a P. , r), &w. ~ t v ~reARenQ_t)Q_,a Postal Code I Code postal E36 541 Telephone Number / Numdro de tdldphone 6(~D`y _ Cry Home/Domicile `~~2 { Work/Travail Fax Number!Numdro de tdadcopieur Z4 14 L4 - gL400 G-rvvo u lie.' VvU6:)n CD' V)b Ir_ra Name of Property Owner (if different) /Nom du propridtaire (si diflydrent) 9(bv it e oPN&: 'oF j~~kkr Address l ,4dresse Ism P l ace , P, Fi~veCioo , N6 ~ ~~k ~JIOD Postal Code !Code postal: 3L -66i? Property Information / Renseignements sur la proprietk Location/ Emplacement 388 U n t Q ;4q ka.YU.tc 00g0LI_433 Civic # I No de voirie j Street 1 Rue PID / NIP Lot Area 1 Superficie du lot lo?. 4R 3 VT~Pe. Street Frontage I Fagade slur rue _ar I llr~{ `J I 07 uG Existing Use of Property I Utilisation actuellede la propridtd OLCCCbGLk" Present Municipal Plan Land Use Designation Designation actuel de utilization des terres stir le plan municipal Present Zoning ! Zonage actuel R-1A t]I'le pcxj `k\w ~ t~de~~~i,Q1 * Amendments Requested / Modifications demandees Municipal Plan/ Plan municipal 1+ Change Land Use Designation to 1 Modifier la ddsignation de Fulilisation des terres d d6t rP~ltAA1rC rs ~m~,l use v t' I (e Se Adox-4 and/or; ou Text Amendment (indicate particulars on attachment)! Modification du texte (indiquez les details en annexe) Zoning By-law/ Arretd sur le Zonage Change Zoning to / Modification du zonage iti 2OT Y1`~~ 1 and/or I ou J Text Amendment (indicate particulars on attachment) / Modification due lexte (indiquez les ddtails en annexe) 80 Development Proposal / Proposition d'amenagement Description of Proposal i Description de la proposition I U U~CO~Ll 54a 1~4 tad a~e~5 fowl 44 t3, I~i~S Cat ~i P~1C bOt)( Q (Wat&-LA Ct& 2ox`7F~ o`rv. 201 o> •`r►r.A eol Inc~liauld (~ernou c'~ e►'~ k old k6r the } de must provide a scaled site plan that illustrates ,your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, Use location of all buildings, driven, ys, parking areas, landscaping and signs. It is important that the distance benveen the property boundary and buildings are shan'n. ~~i nt-I~t~..Q. ~Q Yous de ve~ aurnir un plan du site d 1 echelle illustrant votre proposition. Vous pourer dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'ilivarion et toute quire forme de renseignement. Le plan du site dolt indiquer les dimensions de la propridti, !'emplacement de la rotalitd des bdtiments, des alleles, des sires de stationnement, des aminagements paysagers et des panneaux de signalisation. 11 esi important d'indiquer la distance enlre les limites de la proprWid el les bdtiments. Provide reasons why these amendments should be approved. I Fournir les raisons pour les quelles les modifications devraient etre approuvees, Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait We utile. "1`I~ o~ a Qodce -t0-0dd 4-) ye n Signature of Applicant /signature du demandeurl VW-)(Y t~ lam- I. 1 Date Maw 2Z0 , 2009 r $400 Application Fee Enclosed / Ci joint les frais de demande de 400 S If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorcing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date Si vous n'etes pas le proprietaire du terrain en question, veuille-- obtenir to signature du propridtaire dons to portie ci-dessous. La signature du propridtaire autorisont le traitement de la prdsente demande est requise pour que cede derniere soil examinee par le coned communal. 81 m IwoIIVI 4 ~ w I II' " _ I' y dl Ildl 'I 1 r i - Ma ~ _ kf I - Y 9 y ll~ k ' ~ _ - „i v 10 ~,durad~ ~ I a ~ MI, i ry ~ I M „III ~ s d MI'a Gals W, Old !I uu, R' I _x ~ ~ ~ ~ ~ , - m ~i', III ' ~ ~ m w ~ Vol Opp' gas v r ~wl, I of awe I ~ to ,11~ ~ _ _ II 1 ap . s m~ r'1 a IN d dd" u0u n tl~ illll L. I I ~ / V A:1 I, ~ Il~u ~r v ~ III i iilll Illy ~~NI V II q ~ 1111 e. ,III , G 9Nu of w - I 4 ~ III ' dll gpi~N I u I I II d~ q II'r _ II o r ~I uu II11Vm qi w ',uuu 1 A I tl u~ ~ t'W. I°~~ II T f N YI w ~ IIII' I ~ ~ °~l4lP u~^I ' ' e ° µjplllllr I I vh I IMlr,l II' w II ~ IIII IdP v ~ o li ' _ ti I 'ull I 1 IVV~ Ih0 y Sul N~w~ I ~I,,i/~i vl S I I 7 r 4 1, ~4 ~ p ~ - 1. f I ' Ili n r!~ ~ ~ ~ r +hlll q aM~A I I 'h 'dA I~u w ~I nI~IIl~ h it ~ ~ o w City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Reference: 388 University Avenue Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad Date(s): April 28, 2009 May 19, 2009 "SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for A (Boldface anything you want old in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 10 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Kelly Tibbits Telephone: (506) 658-2856 83 I ICI Ii.4/ Ifi ..O,"",:, t 1 LP II~ a i III /d/~ ~~I J, Public Notice is hereby given that the Common Council of The City of Saint John mlcnds to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Mimday, Mai 25, 2004 at 7:00 p.m, by Rctonmf: a parcel of land with air area of approximately I d 7 hcclares.locaicd x1388 h nn ersity Aeenue, also identilied as PID No. NP24739. from R•IA One Family Residenlial Arid "RS-2" One and Two Family Suburban Residential to "162" Major Irntitulional, as illustrated belon REASON FOR CHANCE: To permit a parking area and access road for the Saint John Regional Hospital The proposed amendment me)' be inspected by any nttcicslcd person at the olftce of the Common Clerk, or in the office of Planning and Dtvelopmenl. City Hall, 15 Market Square. Saint John. N R between the hours of 8:30 a.m. and 4.30 pm. Monday through Friday, inclwtve, holidays excepted Written objections Iu the amendment may he seal to the undersigned at City Ilall Elizabeth Gormley, Common Clerk 658.2862 ~ f l~ li~ t`r rIl v 1~ l 1~.1k ~ It' , C t .ft. ~rt~~ l II. Par les presentes, um avis public es1 donne par lequel le conseil communal de The Cih of Saint John indique son intention d°eludier la modnccotion suivante i l arrcle sue le nonage dr The CII} of Saint John, lots de la reunion ordrnarre qui se nendra dans la solle du com eil le lundi 25 mai 2009 a 14 h Rctonage dune parcdle do Iciratn d'unc superlinc d'cnviron 123 hectares, situ& au 388, avenue 1-mversily, el poitanl Ic N1D 00424739, do zone rdsidentielle - habitations unifamiliales 4.10 el tore r6dilentielle de burllieue - habitations unilamiliales cl bifamiliales QS-2s) a tune d°equipement collectif rnalcur o 1W ri, commie le monlre la carte n-deswu; RAISON DE LA MODIFICAT]ON: Permellre une sire de stationnemenl et l'acc6 louder d 1'H6pital Regional de Saint John 'route pcrsonnc int6ress& pout examiner le prolet do modification au bureau du giefTicr communal on an bureau dr i`urbanisme et do developpement i 1'hotel de ville all 15. Markel Square, Saint John. N.-B, entre 8 h 30 el 16 It 30 du lundi an vendredi. said' lesjouis f6ri6 Veuille2 faire panemr vos objections an prolet de modificalion par ecnl a raltention du soussigne i 1°h6te1 de Ale. Elizabeth Gormley. Grc&rc communale 6$82862 C I_t` ilj~i S? ;a~ttiA twwr 84 PROPOSED ZONING BY-LAW AMENDMENT RE: 388 UNIVERSITY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, May 25, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 12,7 hectares, located at 388 University Avenue, also identified as PID No. 00424739, from "R-1A" One Family Residential and "RS-2" One and Two Family Suburban Residential to "IL-2" Major Institutional, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit a parking area and access road for the Saint John Regional Hospital. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p,m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 388, AVENUE UNIVERSITY Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 25 mai 2009 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 12,7 hectares, situ6e au 388, avenue University, et portant le NID 00424739, de zone rEsidentielle- habitations unifamiliales <<R-1A» et zone r6sidentielle de banlieue - habitations unifamiliales et bifamiliales «RS-2» a zone d'Equipement collectif majeur IL-2 comme le montre la carte ci-dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre une aire de stationnement et 1'acc6s routier a I'I16pital Regional de Saint John. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 85 86 r d r' d r BY-LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 12.7 hectares, located at 388 University Avenue, also identified as PID number 00424739, from "R-IA" One Family Residential and *'RS-2" One and Two Family Suburban Residential to "IL- 2" Major Institutional - 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. 2009 and signed by: Mayor/aire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a decrete cc qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de ]'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 12,7 hectares, situee au 388, avenue University, et portant le NID 00424739, de zone residentielle - habitations unifamiliales ((R-]A)) et zone residentielle de banlieue - habitations unifamiliales et bifamiliales ((RS-2» a zone d'equipement collectif majeur «IL- 2» - 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 2009, aver les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - euxieme lecture Third Reading - Troisieme lecture 87 Planning Advisory Committee P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 658--2800 May 21, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 388 University Avenue On April 27, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2009 meeting. city of saint john Ms. Julie Mason appeared to speak on behalf of the application and indicated that she was in agreement with the attached report. Ms. Mason indicated that the applicant regretted proceeding with construction of the parking area prior to rezoning, and that they would endeavour to have the required storm drainage, landscaping and lighting plans by the end of the week. Mr. Bob Ridgeway appeared to speak in opposition to the application, and indicated that he had also submitted a letter expressing his concern. He pointed out that Galbraith Construction's approved subdivision development on the adjacent land was being hindered by the parking area's storm drainage emptying onto their land. He also pointed out that no approval was obtained before the parking area and access road were built, and as a result, he requested that the rezoning application be denied until the required work is completed. Ms. Mason and the applicant's architect, Mr. Bill Norton, re-appeared before the Committee to address concerns regarding the storm drainage. Mr. Norton noted that he was unaware of the Galbraith's concern regarding storm water emptying onto their land, and that he would do his best to gather the required information this week and work with the City to complete any required work. He pointed out that he believed the City standards had been met in the work completed. Ms, Mason pointed out that the neighbour's concerns regarding traffic on University Avenue would be relayed to the Hospital for discussion. Three letters of opposition to the application were also received by the Committee and are attached to this report. After considering the attached report and aforementioned presentations, as well as the three letters received, the Committee adopted the recommendation as set out below. The Committee also granted a variance to permit 40 parking spaces to be arranged in a row without a break. 88 -2- RECOMMENDATION: 1. That Common Council rezone the property at 388 University Avenue (PID 00424739) from "R-1A" One Family Residential and "RS-2" One and Two Family Suburban Residential to "IL-2" Major Institutional. 2. That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 388 University Avenue (PID 00424739), be subject to the following conditions: a. A detailed landscaping plan be prepared by the applicant and submitted to the Development officer for approval; b. A detailed lighting plan be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval; and c. A detailed site drainage plan, indicating how storm water collection and disposal will be handled, be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval. Respectfully submitted, Carl Killen Vice-Chairman SH Project No. 09-116 89 The City of Saint John DATE: MAY 15, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 20, 2009 Holly McMackin y Planner - Dillon Consulting Ltd. SUBJECT: Name of Applicant: New Brunswick Department of Supply and Services Name of Owner: Province of New Brunswick, Department of Health and Wellness Location: 388 University Avenue P1D: 00424739 Municipal Plan: Major Community Facilities Zoning: Existing: "R-IA" One Family Residential and "RS-2" One and Two Family Suburban Residential Proposed: "IL-2" Major Institutional Proposal: To rezone the property to recognize the operation of a recently constructed parking lot. Type of Application: Rezoning W SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N: B. Canada E2L 40 90 Department of Supply and Services 388 University Avenue JURISDICTION OF COMMITTEE: Page 2 May 15, 2009 Common Council has requested the views of the Planning Advisory Committee concerning the proposed rezoning. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, May 25, 2009 at 7:00 p.m. STAFF RECOMMENDATION TO COMMITTEE: 1) That Common Council rezone the property at 388 University Avenue (PID 00424739) from "R-IA" One Family Residential and "RS-2" One and Two Family Suburban Residential to "IL-2" Major Institutional. 2) That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 388 University Avenue (PID 00424739), be subject to the following conditions: a) A detailed landscaping plan be prepared by the applicant and submitted to the Development officer for approval; b) A detailed lighting plan be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval; and c) A detailed site drainage plan, indicating how storm water collection and disposal will be handled, be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval. 3) That the Planning Advisory Committee grants the requested variance to allow 40 parking spaces to be arranged in a row without a break. BACKGROUND: Two parking lots for the Saint John Regional Hospital have recently been constructed on the subject site at 388 University Avenue (Figure 1 and Figure 2). The newer parking lot, which is closer to University Avenue and has 504 spaces, was recently built by the applicant, the Provincial Department of Supply and Services. The second lot, constructed by the Regional Hospital, has approximately 250 spots and has been operating for several years. Both parking lots were built without acquiring the necessary zoning amendments from the City. 91 Department of Supply and Services 388 University Avenue INPUT FROM OTHER SOURCES: Page 3 May 15, 2009 Municipal Operations and Engineering notes that a draft proposal was submitted last summer by the applicant's consulting engineer. Final plans were not submitted by the consultant, nor were drainage plans approved by the City. Municipal Operations and Engineering has the following comments on the proposed rezoning application: • Detailed engineering drawings must be submitted to the City for review and approval. • The developer must provide a detailed site drainage plan and report indicating how storm water collection and disposal will be handled. • Upgrades to existing infrastructure by the developer may be required. Fire Department has no objection to this application, but advises the applicant that future submissions of this or any other kind should be submitted before the work is started, to avoid expensive differences / conflicts that could arise between the applicant and the authority having jurisdiction. Saint John Parking Commission has been notified of this proposal, ANALYSIS: Subject Site and Neighbourhood The subject property is a 12.7 hectare site located adjacent to the Saint John Regional Hospital, in an institutional area north of University Avenue (Figure 1). Several existing residential areas, and some residential developments under construction, are located between 150 and 200 metres to the west, south and south-east of the site. A gravel access road provides a route for construction vehicles working on the expansion of the hospital emergency room. Due to the difficulty required to dismantle it, the access road will remain in place following completion of the hospital construction; however, when construction is finished it will be barricaded and not used. The Proposal The property is currently zoned "R-IA" One Family Residential and "RS-2" One and Two Family Suburban Residential. The applicant is applying to rezone the subject property to "IL-2" Major Institutional, to recognize the site's use as a hospital parking lot. The rezoning proposal also is consistent with the intended future use of the property identified in the City's Municipal Plan. The property is designated Major Community Facilities in the Plan and the Plan intended that the use of this property be devoted to institutional use. Zone Standards The proposal meets all lot and setback requirements for the "IL-2" Major Institutional Zone. Parking aisle and parking space dimensions all meet the Zoning By-law requirements; however, the applicant requires a variance for the configuration of parking spaces. The Zoning By-law standard allows 30 parking spaces to be arranged in a row without a break, whereas the smaller 92 Department of Supply and Services Page 4 3 88 University Avenue May 15, 2009 parking lot has 40 spaces arranged without a break. Landscaping standards require all areas of the site not occupied by buildings or parking to be landscaped, which can include lawns and natural trees or rock areas. A large portion of the site was undisturbed during the parking lot construction, and remains as natural woodland. Several areas of the site, however, require improvements to landscaping, specifically the area between the two parking lots (Figure 3) and the area between the newer parking lot and construction access road, which is currently gravel and stones. Staff recommends the applicant submit a landscaping plan to the City detailing how these deficiencies will be corrected when construction at the Hospital is complete. Lighting Design Although the parking lots appear to use standard light fixtures, the parking lots are located at a higher elevation than much of the surrounding residential uses. As a result, concerns about the amount of light shining on to nearby properties have been raised by local residents. Staff recommends that a detailed lighting plan be developed showing the steps which the applicant will take to reduce the amount of bright light visible from other properties. Drainage As indicated above, a draft storm water drainage plan was submitted to the City's engineering department in the summer of 2008; however a final plan was not received and the City did not approve a storm water drainage plan for these parking lots. Staff are concerned that upgrades may be required to the drainage system; therefore it is recommended as a condition of this rezoning that the applicant prepare a detailed drainage plan for submission and approval by the City's Chief Engineer and undertake any drainage upgrades that may be required. CONCLUSION: The proposed rezoning is consistent with the intended future use of the property identified in the Municipal Plan but it is unfortunate that this rezoning request has been submitted after the site improvements have been undertaken. Notwithstanding this fact, the parking lot is used by an important regional institution, the Saint John Regional Hospital. Other than a variance for parking configuration and a need for improved landscaping, the proposal meets all of the zoning requirements for the "IL-2" Major Institutional Zone. For these reasons the rezoning and variance can be supported. It is recommended the applicant work with the City to address the lighting, drainage and landscaping concerns identified in this report. DILLON Project No. 09-116 93 Department of Supply and Services 388 University Avenue Page 5 May 15, 2009 PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT Location: 388 avenue university Avenue Date: April 24, 2009 L~ Scalel6chelle: Net to swie/Pas A i'fchelle Figure 1. The location ofthe subject property, 388 University Avenue. 94 s}fN1P(a}: oo~z~73~ Pla( Subject Site/site en question: Department of Supply and Services Page 6 388 University Avenue May 15, 2009 95 Figure Z. Two hospital parldng lots are on the subject site. Department of Supply and Services 388 University Avenue Page 7 May 15,2009 96 Figure 3. The landscaped area between the larger parking lot (left) and the smaller parking lot (right). • 1 MAY t 20119 To, Saint John Planning and Advisory Committee:t From: Marilyn T. Watters of 52 Varsity St, Saint John, N.B. Re: Rezoning Application - 388 University Avenue I am writing in response to a letter sent to me from your office dated April 4,`2 9, advising me to express my views on this application. I am against such rezoning for the following reasons: 1) Since the parking lot and access road were constructed (without the proper zoning in place) last year, the applicant has not respected complaints from their neighbors who take residence in the areas immediately surrounding the newly constructed parking lot. I make reference to repeated, polite contacts by myself and other residents of my neighborhood to raise the issue of excessive night-time noise with the applicant's management staff. In fact, our requests to have the noise stop were blatantly ignored last winter, forcing us to take action under the noise by-law, whereby the applicant was instructed to stop 11 pm to lam snow clearing operations under order of the by-law officer. I refer to a by-law enforcement notice identified as your case number 09-0203 and issued March 4, 2009 by Jason Waye, Technical Services Inspector for the City of Saint John Buildings and Inspection Services. This by-law enforcement notice should be in your file and the committee should request to view the report. Keep in mind that this noise violation went on for many months last winter, especially during the I Ipm to lam periods and it is impossible to sleep with the sound of dump truck gates crashing, diesel trucks roaring and back-up horns beeping. I am therefore against the re-zoning as with "IL-2 Major Institutional" zoning in place, the applicant will have the right to continue heavy equipment operations all night long again, making it impossible for families to get any sleep. I hope I have explained this point in sufficient detail for the committee. I certainly can explain it more vividly at 3 am after being kept awake all night by the heavy machinery noise from that parking lot! 2) University Avenue at the intersection of the connecting road (service entrance to hospital) which leads up the side hill from University Avenue to the recently-constructed parking lot and the. land in question is-not sufficiently engineered to support all the new traffic. You should be aware that this is a narrow, vertical, twisty little access road which provides access for: - most of the institution's staff and visitor parking, i.e., high volume traffic. - all ambulances which are dispatched by it, i.e., emergency response vehicles. - many transport and delivery vehicles, i.e., large truck traffic. - public transit "express" busses, i.e., two busses every 15 minutes during peak periods. To make matters worse, there are no street lights at the base of the hill at University Avenue. There is only a STOP sign to control the actions of all of the above traffic entering or leaving the four lanes of University avenue. What makes matters extremely dangerous is that there is a pedestrian crosswalk between this connecting road and the 97 • 2 • Varsity St entrance. The Varsity street traffic, the hospital traffic and the pedestrian crosswalk all share the same intersection across an extremely busy four lane road. In closing, I trust you find my opinions have merit. It is understandable that the recently constructed parking lot is required given the parking needs of the institution but this should not be done if it creates unacceptable noise and without regard to safety. The general area surrounding Saint John's hospital, university and golf course was and should be a showcase for visitors and a place of pride for Saint Johners. Most major cities would keep an area such as this modern, efficient and presentable, as there are real benefits to making such areas people friendly and attractive. Similar to the downtown investment that Saint John has made to make waterfront facilities attractive, efficient, safe and inviting to people, there should be an equivalent effort undertaken out at the university, hospital and golf course area. I trust the planning department will considei my requests when determining investments for this area and in particular when considering this re-zoning application. Please ensure that noise levels from the institution for snow clearing, earth moving, etc are kept in line with what is acceptable for an "R-IA One Family Residential" area. Also, please re- evaluate the traffic volumes and pedestrian crossings at the University Avenue intersection to the institution and Varsity St, to ensure they are safe and efficient. Thank you, 2~ Mrs. Marilyn Wafters 52 Varsity St. Saint John, N.B. E2K4K7 98 v9 11: ~3 566--63944 GALBRAITH CONST~ PAGE 62/62 GALBRAITH CONSTRUCTION LTD. B60 Roddy Straat -XOM 6'b!C OM& Ssint John. NZ, -7E*XMNM • Tot: (505) 635-6655 . Fax: (806) 635-1944 E2M 355 Mayor & Common Council, City of Saint John Planning & Advisory Committee c/o Planning & Development Dept_ P. G. Box 1971 Saint John, N.B. E2L 4LI Art: Sarah Herring, Planner Bear Sirs/Madam: May 13, 2009 Re: Rezoning of Land located at 3$8 University Avenue Galbraith Construction Ltd. is opposed to the application for rezoning of land located at 388 University Avenue from R-lA and RS-2 to IL-2 for the following reasons: 1. Galbraith Construction Ltd. Own property off Royal Parkway and abutting the land in questions on the the west side. A housing development has been designed for this property. On inspection of the recently built parking lot and access road for the Regional Hospital it was noticed that storm water drainage has been directed in three locations onto the Galbraith property. This new storm drainage system will present severe problems to any planned development for the property. 2. Galbraith Construction Ltd. have attempted to find approved drawings from the City of Saint John for the project, but it appears the project was constructed without approved drawings by the City. 3. As the project was constructed without proper zoning in place and until the storm drainage run.-off problem has been corrected, we request that the rezoning be denied. RAR/ebk Yours R..A,. Rid ay, . E 99 • May 4, 2009 Sarah Herring, MCIP, RPP Planner P.O. Box 1971 Saint John, N.B. Canada E2L 4L 1 Dear Sarah Herring, Re: Rezoning Application- 388 University Avenue 0 My family and 1, live at 96 Craig Crescent (Millidgeville Estates) for 30 years. Since the Hospital moved its main entrance from Tucker Park Road to University Avenue, traffic has increased dramatically. At times, like at shift change, it is almost impossible trying to get out onto University Avenue, because we have only one way in or out of our Sub-division (Craig Crescent and Varsity Street) we have no choice but to wait for an opening in traffic. The over all traffic flow of University Avenue had increase ten fold along with the speed of the vehicles traveling along it. You may have to wait 20 minutes or more, because no one will let you out. We really do not want to see traffic light erected if at all possible, but this may be the only solution. My wife and I feel there are far too many of them throughout the city that should not be there and create other problem as a result. There is another Sub-division being built on the other side of the Blood Services, Building;>and it would be nice to keep the area as residential. When walking' along University Avenue, it feels more like walking along a highway rather then a residential area. Also as a result of moving the Hospital entrance, it had created another problem that affects all the residents here. The problem being that a large number of people have been parking their cars in and around the entrance to our Sub-division (Millidgeville Estates) and then walking up to the Hospital. They usually park up here between 8:00am to 4:30pm - 5:00pm through out the week and many of them have been parked there day after day. This has created a major headache for all of us who live here and at times even dangerous. It interfered severely with snow ploughing and/or removal this winter and made it very difficult for any other large vehicles to come up in here. (Examples: School buses, Garbage collection) At times, as a result of the way these people parked their cars, you did not know it you would make it through. They would park on both sides of the street, which made it very narrow to pass through. This will also affect street sweeping in the corning months. I contacted the hospital and they told me that they have a shortage of parking spaces at the hospital dues to all the construction and the changing of the entrances. i feel, as do a lot of my neighbours that we should not have to suffer for their mistake and misjudgement. Because of these cars parking up here and imthe way they park, this also causes a risk to the safety of all who live up here and especially to the children living here. I suggest that a sign be erected at the entrance of our Sub-division know as Millidgeville Estates that states that only residents and their guest are allowed to park here. A 100 r2" ) APPLICATION FOR A ZONING W AMENDMENT Appikant Related Information Name of Applicant: Comeau MacKenzie Architecture Mailing Address: 69 King Street, Suite 200 Saint John, NB E21, 1 G5 Telephone Number: 506-657-1611 .E-mail: Fax Number: 506-657-1614 Name of Property Owner: FIC Holdings Inc. Address: 3198 Route 440 Rosaireville, NB E4Y 2P7 r e ft oration Project Name: 62-Unit Apartment Building Saint John, NB Location: Civic # - Street Technology Drive PID 55179576 Lot Area: 6,381.5 m7 Street Frontage: Existing Use of Property: Vacant Lot Municipal Plan Land Use Designation: ndment Re Present Zoning. RM-l/R-2 Change Zoning To: Entire lot to RM-1 Text Amendment: n1a mac h net.nb.ca Technology rive: 105.3 m (345'-6") Somerset Street: 60.1 (197-2") Lime Kiln oa : 107.34 m (352'-1") Description of Proposal: FIC Holdings Inc. is proposing the construction of a new 3-storey, 62-unit apartment building, for their vacant lot facing onto Technology Drive, Somerset Street and Lime Kiln Road. 101 -2- This proposed new 62-unit apartment building will also provide 72 on-site parking spaces, and the remainder of the property will be landscaped. The lot is presently designated as both R-2 and RM-1. They are looking to re- zone the entire lot to RM-l. Provide reasons why these amendments should be approved. This project would provide a quality development to the neighbourhood, as well as much needed apartment units to the overall area. Q/ $400 Application Fee Enclosed Signature of Applicant: Date: l Note: Ifyou are not the owner of the land in question, please have the owner sign below. The signature ofihe owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if not Applicant): Date: 102 PLI TION FOR A V C alkanl Related 1'rfet Lion Name ofApplicant: Comeau MacKenzie Architecture ck bnet.nb.c Name of Property Owner: )±IC Holdings Inc. Address: 3198 Route 440 Rosaireville, NB E4Y 2P7 Prove In formation Project Name: Location: Civic # Street PID 62-Unit Apartment Building Saint John, NB Technology Drive 55179576 Lot Area: 6,381.5 m2 Street Frontage: Technology Drive: 105.3 m (345'-6") Somerset Street: 60.1 m (197'-211) Lime Kiln Road: 107.34 m, (352'-1") Present Zoning: RM-1/R-2 Proceeding with zoning application for entire site RM-1 Describe what you propose to do: F1C Holdings Inc. is proposing the construction of a new high-quality 62-unit apartment building, for their vacant lot that faces onto Technology Drive, Somerset Street and Lime Kiln Road. This proposed new 62-unit apartment building will also provide 72 on-site parking spaces, and the remainder of the property will be landscaped. What standard are you unable to meet? (e.g. front yard, sign area) 1. Front yard setback at Lime Kiln Road: 1. Front yard setback required per RM-1: 7.5 m (24'-7") 2. Proposed front yard variance at Lime Kiln Road: 5.0 mm (16-5") 103 -2- 2. Lot size per dwelling unit: 1. Per -1 zone: 32 - 2-bedroom units/30 - 1-bedroom units - 7,950 ' 2. Variance: Actual lot size = 6,381.5 m2 Parking: 1. Per bylaw -1: 1.25% * 62 = 78 spaces 2. Variance: 1.16% * 62 = 72 spaces 4. Maximum building height: 1. Per bylaw -1: 3 storeys or 11 metres 2. Variance: Building will be 3 storeys, but 13.7 m (45'-0") How do you think your proposal will affect other properties? The site is presently a vacant lot. This project will introduce a quality development to the neighbourhood, and provide much needed apartment units to the area. Has the Owner previously applied for a variance in respect to this property? No Ifyes, please explain: NIA A fee of $50 is enclosed in the form of a cheque or money order made payable to The City of Saint John. Signature of Applicant: : ~P~GCG~J Note: If the applicant is NOT the Owner, the Owner's signature or au oriza ion (in writing) to submit this application to the Planning Advisory Committee is re red. Signature of Owner (if not Applicant): Date: 104 LIME KILN ROAD - I r i f LU a~^3 N t 1 DUE= A[ ULNM [1=t44a e8~aY lMltl .t.wTNML,, AFa w..a a@r 105 s ~a~« AAYY ~.IY' p'L ~ W`i ~ ~ ~ RR Mk ~'9 II II d } I II ~ I I_~' J I hr f.TT 'ti >Ii ~ , II IIf III' Ral`' ' I II iIII,# iqill I rl~ ~L ~t~il r,' l1 -r - - v 1F ~ u~ wh I III F~ rt IiII. 1 ff r hh I I _ J J+ j I 14 7 `--Yr ~I I I ~t 4 ~I le ' 111 ~ Yr _ a {F ~ mmmm Y ~ N :sr X14. a p I ~ 4 N ti II { u~~-}f 1 1 IIN ~dp, 1 _l,3IR` !-r, lZr 1 9 ! P 1 A I I 0 City of Saint John INTERNAL INSERTION ORDER b For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 7L Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (5 ' 674-4214 Special Instructions (if any): Reference: 10 Technology Drive - Proposed Zoning By-Law Amendments Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, April 28th, 2009 AND Tuesday, May 19th 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerklGreffiere communale Contact: Telephone: (506) 658-2862 107 PROPOSED ZONING BY-LAW AMENDMENT RE: 10 TECHNOLOGY 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, May 25th, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 10 Technology Drive, having an area of approximately 6,400 square metres, also identified as PID No. 55179576, from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "RM-1" Three Storey Multiple Residential. [INSERT MAP] PROJET DE MODIFICATION DE L'ARRETt SUR LE ZONAGE OBJET: 10, PROMENADE TECHNOLOGY Avis public est donne, par la prdsente, que le conseil communal de The City of Saint John a ('intention d'6tudier la modification suivante de 1'arret6 Sur le zonage de The City of Saint John, au cours de la r6union ordinaire du conseil pr6vue le mardi 14 avril 2009 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain dune superficie approximative de 6400 metres carr6s, situ6e au 10, promenade Technology, et identifiee sous le NID 55179576, de zone r6sidentielle - habitations unifamiliales et bifamiliales <<R-2» et zone d'edifees a logements multiples de trois 6tages <<RM-I» a zone d'6diflces a logements multiples de trois 6tages «RM-1». [INSERER LA CARTE] REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of a three-storey Permettre 1'am6nagement d'un Edifice a logement apartment 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. Elizabeth Gormley, Common Clerk 658-2862 multiple de trois 6tages. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veioppement a I'h6tei de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par ecrit a 1'attention du soussign6 a l'h6tel de ville. Elizabeth Gormley, Greffi&re communale 658-2862 108 pr. noxovj 9 f ti 109 PUBLIC NOTICE Public Notice is horehy 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, May 25th, 2049 at 7.04 pm., by: Rezoning a panel of land Imawd at 10 'Nchnology Dri\e, having an area of approximately 6,400 square mclres, also idenliied as P1D No. 55179576, from "R-2" One and THo Family Residential and "Rol-1' Tbree Storey Multiple Residential to "RNI-1" 'Ilrree Storm Multiple Residential. AVIS PUBLIC AAs public est donne, par ]a prescnic. quo le conseil communal de The City of Saint John a ]'intention d'etudier la modification suivante de Parrett sur le zonage de The City of Saint John, au tours de la reunion ordinaire du conseti pro vue le mardi 14 sail 2409 6 19 h daps la salle du conscil: Rezonage dune p,ucclle de terrain d'unc AperfictC approximatine de (AW metres cams. Space au 10, promenade Tcchnolug}. et idcntrliee sous lc NID 55179576, de mne r&idenlielle - huhilalions mufamiliales el Wamiliales «1(-2» et Zono d'edifices Y lorcmenls multiples do Irois clages uRM-1 n ii zone d'cdifiees ii logemenis multiples de (rois 61ages aR91- 1)o. REASON FOR CHANGE: WWa" RAISON DE LA To permit the development rrr~ MODIFICATION: of a three-storey aparlmcnl a Permettre 1'am6agement d'un budding. g 3 edifice a logemem multiple de ~ - ~ lrois elage; m ~ The proposed amendment mat ' he inspected by any intorestcd a person at the Alce of the Common Clerk, Or in the office of Planning and Devclopmcnt. City Hall, 15 Market Square, Saint John, N B. between the hours of 8:30 a.m. and 430 pm., :Monday through Fnday, inclusive, holidays excepted. Written ohleclions to the amendment may be sent to the undersigned at C'rty I Lill. Toute personne interessce peut examiner le proJel de modification au bureau du gretTier communal ou au hureait de l'urbanisme et du devcloppement a 116tel de ville au 15. Market Square, Saint John. N -B., enire 8 h 30 et 16 h 30 du lundi au vendredi, sauf les tours feries. Veuiilez faire panenir vos objections au prolel do modification par cart a ]'attention du soussignc a 1161e1 de Ville. Elizabeth Gormley. Common Clerk Elizabeth Gormley, GrelTiere communaic 658-2862 658-2862 P.O. 13OX / C. P, 1971 SA I NT.1 01-1 N. i4~Cfilii rf'M11'1 110 BY-LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY-LAW OF TEE 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 10 Technology Drive, having an area of approximately 6,400 square metres, also identified as PID Number 55179576, from "R-2" One and Two Family Residential and "AM-I" Three Storey Multiple Residential to "RM-1" Three Storey Multiple Residential - 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. 2009 and signed by: Mayor/ Maire ARR ,T]t No C.P. 110- ARRd'T, MODMA.NT L'ARRM, SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a decr&6 ce qui suit : Uarr6t6 sur le zonage de The City of Saint John, ddcrdtd le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de Vannexe c(A)), Plan de zonage de The City of Saint John, rezonage dune parcelle de terrain situ6e au 10, promenade Technology, d'une superficie approximative de 6400 metres carr6es et identifiee sous It NiD 55179576, afin de faire passer la classification de zone r6sidentielle - habitations unifamiliales et bifamiliales c(R 2)) et zone d'6difices i logements multiples de trois dtages (4RM- 1)) i zone d'ddifices i logements multiples de trois stages (cRM-1)) - toutes Its modifications sont indiqu6es sur le plan ci joint et font partie du prdsent arr@t6. EN FOI DE QUO], The City of Saint John a fait apposer son sceau communal sur It prdsent arr&6 le 2009, aver Its signatures suivantes : Common Clerk/Greff&e co unale First Reading - Premi&re lecture Second Reading - De `6me lecture Third Reading - Troisi6me lecture 111 Planning Advisory Committee P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 658-2800 May 21, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application -10 Technology Drive On April 27, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2009 meeting. City of Saint John Mr. Peter MacKenzie, Comeau MacKenzie Architecture, appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation set out in the attached report. He indicated that the application had been revised in consultation with the Planning Department in order to reduce the number and significance of the required variances. Mr. MacKenzie also indicated that the developer was aware of the neighbour's concerns regarding the landscaping of the site, and that the developer would ensure that the landscaping was completed on this project. Ms. Genevieve Tozier appeared to speak on behalf of the Somerset Park Executive and indicated that the community is concerned that the landscaping for this development will not be completed. She pointed out that the landscaping at 40 Technology Drive still has not been completed, and that the community no longer trusts the word of this developer regarding the landscaping. Mr. MacKenzie re-appeared before the Committee to address the concerns regarding the landscaping of the site, and indicated that he and the developer are in agreement with providing detailed landscaping plans as recommended and are not opposed to providing a performance bond for the landscaping work if that is what the Committee and Council require to approve the proposed development. Several letters and a petition in opposition to the application were also received by the Committee and are attached to this report. After considering the attached report, letters and the aforementioned presentations, the Committee adopted the revised recommendation as set out below. The Committee also granted variances to reduce the minimum required front yard landscaping, minimum lot area, minimum parking area dimensions and minimum usable open space. 112 -2- RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 10 Technology Drive, having an area of approximately 0.64 hectares, also identified as PID No. 55179576, from "RM-1" Three Storey Multiple Residential and "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land located at 10 Technology Drive, also identified as PID No. 55179576, be subject to the following conditions: a, Development of the site be in accordance with the following, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate: i. Site servicing plans. ii. Engineering water and sewer analysis to determine the impact of the proposal on existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. iii. Site drainage plan/report indicating how storm water collection and disposal will be handled. If a storm water main extension is required, this will be the full responsibility of the developer, including all related costs. iv. Confirmation that the existing water system from Technology Drive is of sufficient quantity and pressure for the proposed development, that the existing sanitary sewer is capable of receiving the anticipated peak flows and confirm all grades for water and sewerage systems and on the existing infrastructure to accommodate connections from the proposed development. b. The site must be developed and maintained in accordance with a survey-accurate site plan to be prepared by the developer and subject to the approval of the Development Officer; c. The site must be developed and maintained in accordance with a detailed landscaping plan to be prepared by the developer and subject to the approval of the Development Officer; d. The developer must provide security in an amount to be determined by the City to ensure that the required landscaping is completed; 113 -3- e. The site must be developed and maintained in accordance with detailed building elevations to be prepared by the applicant and subject to the approval of the Development Officer; f All site improvements as shown on the approved site, drainage, elevation and landscaping plans must be completed within one year of building permit approval. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-048 114 The City of Saint John DATE: MAY 11, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 20, 2009 Holly McMac in Planner, Dillon Consulting Ltd. SUBJECT: Name of Applicant: Comeau MacKenzie Architecture Name of Owner: FIC Holdings Ltd. Location: 10 Technology Drive PID: 55179576 31. Municipal Plan: Medium Density Residential Zoning: Existing: "RM-1" Three Storey Multiple Residential and "R-2" One and Two Family Residential Proposed: "RM-1" Three Storey Multiple Residential Proposal: To construct a 3-storey, 59-unit apartment building Type of Application: Rezoning and Variances to: ■ Reduce the minimum lot area from 7230 square metres (1.78 acres) to 6381.5 square metres (1.58 acres); ■ Reduce the minimum parking lot aisle width from 7.5 metres (24.5 feet) to 7.3 metres (24 feet); 6-)-- SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N: B. Canada E21- 4L1 115 Rezoning and Variance 10 Technology Drive Page 2 April 7, 2009 Reduce the usable open space requirements from 20% to 6.5%; and Reduce the front yard landscaping requirement from 7.5 metres (24.5 feet) to 6.7 metres (22 feet). Reduce the minimum dimensions of 13 parking spaces from 2.7 metres (8.86feet) in width and 5.5. metres (18.04 feet) in length to approximately 2.44 metres (8.0 feet) in width and 4.88 metres (16.0 feet) in length. JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, May 25'4, 2009. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 10 Technology Drive, having an area of approximately 0.64 hectares, also identified as PID No. 55179576, from "RM-1" Three Storey Multiple Residential and "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple Residential. 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land located at 10 Technology Drive, also identified as PID No. 55179576, be subject to the following conditions: a. Development of the site be in accordance with the following, prepared by the developer's engineering consultant and subject to the approval of the Chief city Engineer or his designate: i. Site servicing plans. ii. Engineering water and sewer analysis to determine the impact of the proposal on existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. 116 Rezoning and Variance 10 Technology Drive Page 3 April 7, 2009 iii. Site drainage plan/report indicating how storm water collection and disposal will be handled. If a storm sewer main extension is required, this will be the full responsibility of the developer, including all related costs. iv. Confirmation that the existing water system from Technology Drive is of sufficient quantity and pressure for the proposed development, that the existing sanitary sewer is capable of receiving the anticipated peak flows and all grades for water and sewerage systems and on the existing infrastructure to accommodate connections from the proposed development. b. The site must be developed and maintained in accordance with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer c. The Site must be developed and maintained in accordance with detailed building elevations to be prepared by the applicant and subject to the approval of the Development Officer, d. All site improvements as shown on the approved site, drainage, elevation and landscaping plans must be completed within one year of building permit approval That the Planning Advisory Committee approve variances at 10 Technology Drive to: a. Reduce the front yard landscaping requirement from 7.5 metres (24.6 feet) to 6.7 metres (22 feet) along Technology Drive; b. Reduce the minimum lot area from 7230 square metres (1.78 acres) to 6381.5 square metres (1.58 acres); c. Reduce the minimum parking lot aisle width from 7.5 metres (24.5 feet) to 7.3 metres (24 feet); d. Reduce the usable open space requirements from 20% to 6.5% of the lot area; and e. Reduce the minimum parking space depth and width for 13 parking spaces from 2.7 metres (8.86 feet) in width and 5.5. metres (18.04 feet) in length to approximately 2.44 metres (8.0 feet) in width and 4.88 metres (16.0 feet) in length. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: Site servicing plans should be submitted to the City by the developer's engineering consultant for review; • An engineering water and sewer analysis must be completed by the developer's engineering consultant in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. 117 Rezoning and Variance 10 Technology Drive Page 4 April 7, 2009 • There is no sanitary sewer available on Technology Drive for this development to connect to by gravity; • Water is available from Technology Drive but the developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. Confirmation of this must be submitted to the City for review. • The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. Confirmation of this must be submitted to the City for review. • There is no infrastructure to connect to on Lime Kiln Road; • The developer's engineering consultant is responsible to verify the grades on the existing infrastructure to accommodate connections from the proposed development. • All grades for water and sewerage systems must be verified by the developer's engineering consultant. • The developer's engineering consultant must provide a site drainage plan/report indicating how storm water collection and disposal will be handled. If a storm sewer main extension is required, this will be the full responsibility of the developer, including all related costs. • The proposed service driveway appears to be a one-way access/exit. There are concerns that service vehicles, due to being one-way and the proposed alignment, may back into or out of this location onto Lime Kiln Road. The applicant should provide additional information as to the use and the location in order to determine suitability of such. Building and Technical Services have no objection to the proposed rezoning. Saint John Transit has submitted no comments. Saint John Energy has submitted no comments. Fire Department has no objection provided that the National Building & Fire Codes are adhered to and that the plans are submitted to the Department of Public Safety Building and Technical Inspections Division for review and that the design of the apartment complex should ensure that there are adequate turning facilities, property access and hydrant placements for the facility. Saint John Parking Commission has submitted no comments. ANALYSIS: Site and Neighbourhood The subject site is located in the northern part of the city near the intersection of Somerset Street and Millidge Avenue near the entrance of the Somerset Technology Park business area (see 118 Rezoning and Variance Page 5 10 Technology Drive April 7, 2009 Figure 1. Site Location Map). The site has a total area of approximately 0.64 hectares (1.6 acres) and fronts on developed streets on three sides: Technology Driver, Somerset Street and Lime Kiln Road. The site is undeveloped, partially treed and has a number of small rock outcrops. The elevation of the site is several feet higher on Technology Drive than on Lime Kiln Road. A portion of the site is currently zoned "R-2" One and Two Family Residential and the remainder is zoned "RM-I" Three Storey Multiple Residential. Surrounding land uses include multiple residential areas to the north, west and south and the previously mentioned business park to the east. The site is well served by public transit. Immediately adjacent to the site is a 3-storey apartment building with 60 units, approximately half of which are government subsidized for low-income persons. This site was developed in 2006 by the owner of the subject property. Proposal The applicant has submitted the attached preliminary site plan (Figure 2) and elevations (Figure 3) for the development of a three-storey apartment building on the subject property. The proposed apartment building will contain 36 one-bedroom units and 23 two-bedroom units, all of which will be full market rental units. A total of 74 off-street parking spaces will be provided. Municipal Plan and Zoning By-law Direction Much of the subject property is already zoned "RM-1" Three Storey Multiple Residential, which would facilitate the proposed development. However, a portion of the site is currently zoned "R- 2" One and Two Family Residential; the applicant proposes to rezone this portion to "RM-1" in order to facilitate the proposed development. The neighbourhood is currently designated a combination of Business Park and Medium Density Residential and as a result the majority of land uses surrounding the subject property are multi- unit residential with the exception of the nearby business park. Given these existing land uses and the direction in the Municipal Plan, the rezoning can be supported subject to the abovementioned conditions. Proposed Variances from Zoning By-law Requirements "Useable open space" is defined as being essentially those portions of the landscaped areas of the property that are not part of the required front yard (i.e. it is limited to side and rear year landscaped areas). It also excludes areas within 1.5 metres (5 feet) of the building. The proposal provides a useable open space area of only 6.5% (approximately) of the lot area, whereas the Zoning By-law requires a minimum of 20% of the lot area to be devoted to useable open space. This initially appears to be a major departure from the By-law; however, the magnitude of the variance is directly related to the fact that the subject site fronts on three streets and, therefore, three of the yards are required front yard, all of which are exempted from inclusion in the useable open space calculation. If the landscaped areas adjacent to Lime Kiln Road and Somerset Street are included in the calculation, then the total useable open space would be between 15% and 17%. The variance can be supported based on these observations. 119 Rezoning and Variance Page 6 10 Technology Drive April 7, 2009 The Zoning By-law requires a minimum of 1.25 off-street parking spaces per dwelling unit to be provided in conjunction with traditional apartment developments. The proposed 59-unit building requires a minimum of 74 spaces. Although 74 spaces are shown on the preliminary site plan, 13 of these (17%) are small car spaces with a 2.44 metres (8.0 feet) and 4.88 metres (16.0 feet) in width and depth respectively, rather than 2.7 metres (8.86 feet) in width and 5.5. metres (18.04 feet) in length as required by the Zoning By-law. With respect to the proposed small car parking spaces, staff had recently undertaken a brief review of small car parking standards and those in place in other municipalities to determine the feasibility of providing small car parking spaces in a previous proposal which was approved by PAC and Council. It should be noted that the small car spaces in that proposal were the same size as what is being proposed on the subject property. The results of that review ;indicated that if specifically designated small car parking spaces are going to be used, a stall size of 2.40 metres (7.87 feet) by 4.65 metres (15.26 feet) should accommodate about 50% of the automobile population in most areas. Given that the alternative to providing these 13 small car spaces would be either to reduce the overall number of parking spaces or to provide additional parking spaces in what is currently required and proposed to be landscaped, this variance can be supported. In addition, the proposed parking aisle width of 7.3 metres. (24 feet) is slightly less than the minimum 7.5 metres (24.5 feet) required under the Zoning By-law. Given the relatively minor nature of this variance, it can be supported. The Zoning By-law requires landscaping in all required front yards whereas only 6.7metres (22 feet) instead of the required 7.5 meters (24.5 feet) is proposed, Given that a further reduction in parking aisle width would be required in order to meet the landscaping requirement, in addition to the fact that the subject property has three street frontages, this variance can be supported. CONCLUSION. The subject property is a large parcel of land - a portion of which has been designated and zoned for multiple residential uses for several years - in a area of predominantly multi-unit residential uses. The applicant's proposal is consistent with this intent but, due primarily to the presence of existing street rights-of-ways on three sides, requires the consideration of variances from the requirements of the Zoning By-law. The proposed rezoning and variances can be supported on the basis of the observations discussed above. DILLON Project No. 09-048 120 sage 7 APril 7, 2009 'VOXIOce xezonill% a , give lp Teclzn E1~1T E- f p~1'ELpppEM r H+N•~hrir ~ 1r im ~1} a ~~p'~i r. w d ~ 4•`• N •~r t ~n - { It It, ~ t • t r• f rt ~s r.'v` r~r+ trt ~g ~ `Axt" , ~ A f r,`~r (G~'t~ , tl0 r t f ~..t~" r O a Y !D r Suh~act Sitelsh lyive Tecnnoio9Y - I Location: 1Q May 4, 2009 Patel b, ► ~chelie 11e gcalell~che ~ Map Technplag!' prlve LOCatian Flgure 1 10 55'179576 1 J 12'1 Rezoning and Variance 10 Technology Drive I I I I m T. 0 { v A A I w I° Page 8 April 7, 2009 I ~ I P'LfE 59.97wti96blu I RI I FIE, TkL ~I I . I I SOMERSET STREET `I Figure 2. Proposed site plan for 10 Technology Drive. 122 ae~~.l &ea~l 44&V ~.t 123 IS 1"le ll~o Z5~ 1,69 ~ 93-x`506 124 SOMERSET PARK HOMEOWNERS PO Box 22026 Lansdowne Postal Outlet Saint John, NB- E2K 4T7 The Planning Advisory Committee, City of Saint John, P.O. Box 1971 Saint John, N.B. E2L 4LI April 2, 2009 i . 3 INC. IN APR s 2008 ~ A0 RAJ Re: 10 Technology Drive Rezoning and Variance Application To: Whom it may concern; I have been talking to Mr. Marc Gallant (Developer) regarding the new Apartment Complex that he intends to build at the above mentioned address. He wants to meet with the Homeowners of Somerset Park on April 20'x`. 2009. We feel that is too late for a meeting with him as his request is going before the PAC on April 7`.2009. Previous to him building the present apartment on Technology Drive we had a meeting with him at the Saint John North Police Building on r. A , ,f f Y ,f rr .a n Somerset airem ha inai meeting ne ussurea ine tiumeowners rnua some of our requests would be respected, such as the removal of rock would be by brakers and not blasting (which was carried our by brakers) trees between this complex and Lime Kiln Road would be left. When shown the building plans at the meeting we had no indication that the back of the building would be approximately 20 feet above street level. The wall from Lime Kiln Road is constructed out of big ugly rocks that are an eye sore from our Park and no trees. When asked about this he assured us again that this would be all landscaped and sodded, which never happened. I would like also to mention that some of the big boulders are within a couple of feet of the street As you can see, we as Homeowners have some concerns about what Mr. Gallant tells us before he builds a building and that is why we are concerned about his new complex, is he going to cut all the trees, build it 125 SOMERSET PARK HOMEOWNERS INC. PO Box 22026 Lansdowne Postal Outlet Saint John, NB E2K 4T7 20 feet up and fill the side with the same material that he used on his first complex. We have attached for your information and consideration when approving this complex, a list of Homeowners who have concerns (and rightly so). Pictures what a side hill looks like with no trees left and some big rocks which do not resemble sod, We have also attached pictures of our Park, where 6d families call Home and proud to say they live at Somerset Park Our Homeowners want to state that we are not against progress, but we believe that when someone tells us that they will do something, they should live by their word.One other piece of information that we would like to know from Mr, Gallant, will he be using rock brakers as on the previous building or be blasting? Yours truly, Genevieve Tozer President Somerset Park Homeowners Inc. 126 The Planning Advisory Committee City of Saint John, P.O. Box 1971 Saint John, N.B. E2L 4L1 March 30, 2009 Dear Sir/Madam: Re: 10 Technology Drive Rezoning and Variance Application We the residents of Somerset Park oppose the rezoning of the property at 10 Technology Drive from "R-2" One and Two Family Residential to "RM-l" Three Storey Multiple Residential. The construction of a three storey apartment complex would severely impact the integrity of an attractive residential neighbourhood which has a balance of townhouses and landscape and would, consequently, negatively affect property values in the future. The construction of an apartment building so close to the one built a few years ago on Technology Drive would entail more destruction of fully grown trees in an area between the North End and Millidgeville already much denuded of vegetation and furthermore, create a density of large buildings and population. The area is more suitable for one and two family residences as was originally planned. These would not require as much destruction of the landscape. The design of the last apartment building was mediocre at best. The owner seems to have been more concerned with real estate speculation than the visual enhancement of the neighbourhood. The building is very unattractive and has balconies suspended on plain wooden posts, and the promised landscape was not developed before the owner sold the building. We would much appreciate it if your committee would give serious consideration to the concerns of the homeowners of Somerset Park and their neighbours. We believe the wrong decision would not be environmentally sound, and have other negative ramifications for one of the pleasant residential areas of Saint John. A possible solution to the problem could be the construction of the apartment building on the opposite side of Technology Drive, thus preserving the attractive island of trees which serve as a break and a screen, and also preventing the concentration of large buildings in close proximity. On behalf of the Residents and Board of Directors Somerset Park 127 NAME 1. * f~ _a.rn ate Z ~~r ~anss~' 3. r~.y M - cJ 4. ,uu 7. M~y 8. 9 s 10. Lf&Vu ADDRESS ) SIGNATURE 7 L, S r~ ~ iZ, /A~ .(Al A M~ ~K 11. t Oyu- ~ t.~ S q 12. ~a r)c~i 2 '7 13. pawarla` 14. ~.C ✓,4R,e,~3 15.L 16. H3 17.6'{ rjeio,j &cot,- PtU 18. IcoA+ 144;1-. ^5 19.'4~e 20. ANDRew ro0--e,,,YN ~s9 '2 :f N lei 22. r [ 23.~,~,'~ Ja 24. ~v s -J "ph IPJAI S 25. f j) 1 1 , ~ ~ rt /t"tr_sjd•di ;Urfab A A.&iP FS'n s~'I P6 5 P Av Somers '5armv--,q 4- 014, Soya-,¢p-52v P~- 16 0 Ginn 26.Gl,eo2 G /U r I✓3 C a ins ~C 27. p..n $ r 8~o ~~R ~r>7~IZSr~ 7 p R,~ 9. 30. l 31. 4D Sc? 32- 33. kfrida--~ tl~~~Z 34. o_ A eft Lf' (o ,9 SU/1 s e r c t. 7r` 36.( `F C S K 37.#J Ala ~`-~p~- l~ r x 128 NAME I ADDRESS 40. I ` 41.Z6"►.l 07t.1rk 4 N 42. )1) trn d So y- 43. dLtc,~- 44. i~ ~t,~ M sn r 45 46. T e.,, I $ LP~ 0r 47. =t 111 y'~Q I3 rJs d~ ma ~r Q 48.~, kkw.a„ Imo, 49. L 50. ` n~ I ~.7 SJ~i 52. 53. 60 ~ Qa.Aj. 5 A c ~ ~~Pf~ 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. SIGNATURF,, E AeeO I 1 f I 129 CD c~ i 014 a N w~ C 14,4 .l sc -se-3,,d5 x! ""k /4/w* s/. 'L -1 ~t, ~,~5c~~y,`,~~' Si~ra~r ~ z~ T~•d li - C~c's°t3 gS -X 4,,;v,, &ilA XO VI VL- u s y. , 444, n iV O v Y5 C"-P" l , lip /?"'y r,cC K 7"'~rtcnc~~c~vu2v1,Z" P~~r~ c U-UL- 0 15 M Yhurl wrnelly 6 (telly 1ZW OFFICE File #15099 Via Facsimile 658-2837 City of Saint John City Hall 10th Floor 15 Market Square Saint John, A Attention; Patrick Fortin Dear Sir/Madam; b0b-by'3-MW T-825 F001/001 F-488 caner of Carleton and Coburg SAINT JOHN, NEW BRUNSWICK E2L 2Z7 February 9, 2009 Re; 188 Mount Pleasant Avenue East, Saint John, NA PlD Number 346916, and 196 Mount Pleasant Avenue East, Saint John, NB, PID Number 347443 IANa T Further to our previous discussions respecting the zoning of the above noted properties, I have spoken to the owners of both properties and they are agreeable to having the properties rezoned from "12" Heavy Industrial to "R-2" One and T1vo Family Residential. I would also note that Mr. MacDonald, one of the owners of the property at 196 Mount Pleasant Avenue, indicated that they would be prepared to participate in the process provided there is no cost to them. Yowrs very truly, 4 W & LLY S phe gan SFH/dw JAMES A. WH5LLY J. DAVID KELLY JAN E, PHILLIPS STEPHEN F. HORGAN 1911.1997 ARTHUR % WHELILY, 9.C. 1919.1997 CHARLES F. WHeLLY, 9.C. 135 TELEPHONE 506,634,1193 /0'', 3 February 10, 2009 Attention: Sarah Herring Dear s. e ; Re: 188 Mount Pleasant Avenue Bast, Saint John, N.B. PID Number 346916 This is to confirm that 629501 N.B. Ltd. is the registered owner of the above noted property and is aware of, and consent to, the application to have the subject property rezoned from 1-2 Heavy Industrial to R-2 One and Two Family Residential, it is our understanding that the advertising and registrafion costs for the rezoning process will be paid for by the City of Saint John. Yours very truly, 629501 N.B. Lt . Per: ('in c C+! James McCart Vice-Presid at 136 February 10, 2009 Attention: Sarah Herring Dear Ms. Herring: Re: 196 Mount Pleasant Avenue East, Saint John, N PI Number 347443 and 417634 This is to confirm that John Wayne MacDonald and Alvina Mary MacDonald are the registered owners of the above noted property and are aware of, and consent to, the application to have the subject property rezoned from 1-2 Heavy Industrial to R-2 One and Two Family Residential. It is our understanding that the advertising and registration costs for the rezoning process will be paid for by the City of Saint John. Yours very truly, Svc Aohn Wayne MacDonald 137 City of Saint John INTERNAL INSERTION ORDER For City of Saint Jo use only- Reference. 188 and 196 Mount Pleasant Avenue East NewspMer Insertion t (Check applicable) ( = Saint John Telegraph Journal) - SJTJ City Information A Date(s): April 28, 2009 May 19, 2009 - SJTJ Independent Placement Date(s): - SJTJ Classifieds Date(s): Information (Boldface anything you t Bold in , Centre, , etc.) Section Headline: General Notice Tender Proposal Public Notice Sub-Headline (i applicable)- Text: SERI ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/re ere communale Contact: Kelly i its Telephone. (506) 658-2856 1 138 C~ >,9, I f Public Notice is hereby ~ivcn •r.!. rii Council of The C'rly of Somi John intends to consider ,unending the Municipal Devclopmenl Plant and the City of Saint John Zoning By-law al its regular meeting to be, held in the Council Chamber nn Monday. May 25, 2009 at 7;00 p.m., by: 1. Rrdcsienalmg on Schedule 2-A of the Municipal Development Plan, from Hems indastrial to Lair Density Reddential, parcels of land with an area of approsimaieh 2,650 square metres. located at 188 and 196 Moui t Pleasant Avenue Cass, also identified as being PID Nos 106916, 00347443 and 00417634 2. Rezoning the same parcds of land from "1-2" Hearn Industrial to ^R-2" One and Tno Family Residential. REASON FOR CHANGE: 1'o recogmzc the existing residential use of the propertrcr The proposed amendments may he inspected by any interested person at the office of the Common Clerk. or in the office of Planning and Devclopmcnt• City Hall. IS Market Square, Saint John, NB between the hours of 8:M am and 4'30 pm., Monday through Friday, inclusive. holidays excepted Wrillen objections to the amendments may be sent to the undersigned at City Hall nit donncparlcquellc ,,t t, I communal de III: City of Saint John indrque sun intention do modifier le plan d am~nagcmcnt municipal et 1'arriti sue Ic zonage do 'Hhc Cnv of Saint John, lots do la reunion oidinauc qui se uendra dans la salle du Conseil Ie lundi 25 m ii 2009 d 19 It. en apportant les modhhcotions survanics 1. Reclassification, n I'annexe 2-A du plan d'amenagemenl municipal, des parcelles de lerrain dune superficie d'ensiron 2080 mitres canes, snluic au 188 el 196, avenue Mount Pleasant Est. el poi tan, Its NID 00346916, 00347441 el 6041 04. pour les faire passer de one d'industrie loarde a win, rrsidenrielle de faible denshl. 2. Modification du zonage des parcelles de lerrain preciiies pour les faire passer de zone d'induslrie lourde o 1.2 if a zone residenlielle - habilations unifamiliales el bifamiliales ((R-bi. RAISON DE LA MODIFICNOON: Reconnailre Fritilrsauon r&denlielle exhstantc des propnitis Toute personae mteressie peul examiner les modifications pmposees au bureau du greffier communal ou au bureau de I'urbanisme rl do &wfoppennent a 118tel de ville an 15, Market Square, Saint John, N -B, enlre 8 h 30 el 16 h 30 du lunch au vendredi, sauf les lours fines Veuillez faire part de vos objections aux prolcls de modificauan proposes par cent a ]`attention du soussigne a 116tel do Ule L'hzalxlh Gormlcs, Common Clem Elizabeth Gormley, grclfrire communa]c 658.2862 658-2862 139 PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS RE: 188 and 196 MOUNT PLEASANT AVENUE EAST Public Notice is hereby given that [lie Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, May 25, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A of the Municipal Development Plan, from Heavy Industrial to Low Density Residential, parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID Nos. 00346916, 00347443 and 00417634. 2. Rezoning the same parcels of land from 4-2" Heavy Industrial to "R-2" One and Two Family Residential. REASON FOR CHANGE: PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRM SUR LE ZONAGE OBJET :188 et 196, AVENUE MOUNT PLEASANT EST Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et 1'arr&6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 25 mai 2009 a 19 It, en apportant les modifications suivantes : 1. Reclassification, 6 I'annexe 2-A du plan d'amenagement municipal, des parcelles de terrain d'une superficie d'environ 2080 metres carr6s, situde au 188 et 196, avenue Mount Pleasant Est, et portant les NID 00346916, 00347443 et 00417634, pour les faire passer de zone d7ndustrie lourde a zone residentielle de foible densiti. 2. Modification du zonage des parcelles de terrain pr6cit6es pour les faire passer de zone d'industrie lourde «I-2» a zone residentielle - habitations unifamiliales et bifamiliales <<R-2w RAISON DE LA MODIFICATION : To recognize the existing residential use of the Recomnaitre I'utihsation residentielle existante des properties. propriet6s. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted, Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Written objections to the amendments maybe sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 Veuillez faire part de vos objections aux projets de modification propos&s par 6crit a ]'attention du soussign6 a I'Mtel de ville. Elizabeth Gormley, greffiere communale 658-2862 140 BY-LAW NUMBER C.P,105-_ A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID Numbers 00346916, 00347443 and 00417634, from Heavy Industrial to Low Density Residential classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be aff ixed to this by-law the * day of A.D. 2009 and signed by: Mayor ARRETE No C.P.105- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit: L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par : 1 la modification de I'annexe 2-A, relative au plan d'utilisation future des terres, afin de faire passer la designation des parcelles de terrain d'une superficie approximative de 2080 metres canes, situee au 188 et 196, avenue Mount Pleasant est, et portant les NIDs 00346916, 00347443 et 00417634 de zone d'industrie lourde a zone residentielle de faible densite - 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 2009, avec les signatures suivantes : Common Clerk/reffi6re comunale First Reading - Premiere lecture Second Reading - Deuxi&me lecture Third Reading - Troisi6e lecture 141 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 parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID numbers 00346916,00347443 and 00417634, from "1-2" Heavy Industrial to "R-2" One and Two Family Residential - 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. 2009 and signed by: Mayor/Maire ARRETE No 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 d6cr6te ce qui suit : Uarret6 sur le nonage de The City of Saint John, decr6te le dix-neuf (19) d6cembre 2005, est modifi6 par : La modification de l'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour des parcelles de terrain d'une superficie d'environ 2080 metres carr6s, situde au 188 and 196, avenue Mount Pleasant Est, et portant les NID 00346916, 00347443 et 00417634, de zone d'industrie lourde a I- 2 » a zone r6sidentielle - habitations unifamiliales et bifamiliales uR-2» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture 142 Planning Advisory Committee P.O. Box 1071 Saint John New Brunswick Canada E2L 4L1 506 658-2800 r1+11 May 21, 2009 Your Worship and Councillors: SUBJECT; Municipal Plan Amendment and Rezoning -188 and 196 Mount Pleasant Avenue East On April 27, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2009 meeting. City of Saint John The Vice-Chairman pointed out that Mr. Vincent McCarthy, 629501 N.B. Ltd., had been there to speak on behalf of the application but he had to leave due to a work commitment. Mr. and Mrs. MacDonald appeared to speak on behalf of the application and indicated they were in agreement with the attached report. No one appeared to speak in support of or in opposition to the application, and no letters were received by the Committee. After considering the attached report, the Committee adopted the recommendation as set out below. RECOMMENDATION: 1. That Common Council amend the Municipal Development Plan by redesignating on Schedule 2-A, from Heavy Industrial to Low Density Residential, parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID Numbers 00346916, 00347443 and 00417634. 2. That Common Council rezone parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID Numbers 00346916, 00347443 and 00417634 from "I-2" Heavy Industrial to "R-2" One and Two Family Residential. Respectfully submitted, Carl Killen Vice-Chairman SH Project No. 09-115 143 The City of Saint John DATE: MAY 15, 2009 TO. PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 20, 2009 S~lerring, MCIP, RPP Planner SUBJECT: Name of Applicant: City of Saint John Name of Owner: 629501 N.B. Ltd. -188 Mount Pleasant Avenue East John and Alvina MacDonald -196 Mount Pleasant Avenue East Location: 188 and 196 Mount Pleasant Avenue East PID: 00346916,00347443 and 00417634 Municipal Plan: Existing: Heavy Industrial Proposed: Low Density Residential Zoning: Existing: "I-2" Heavy Industrial Proposed: "R-2" One and Two Family Residential Proposal: To recognize the long-standing residential use of the properties as a permitted use. Type of Application: Municipal Plan Amendment and Rezoning. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's SAINT JOHN P.O. Box 1971 Saint John, NB Canada E.2L40 I wwwsaintjohn.ca I C. P. 1971 Saint John, N: B. Canada E2L40 144 City of Saint John 188 and 196 Mount Pleasant Avenue East Page 2 May 15, 2009 recommendation will be considered by Common Council at a Public Hearing on Monday, May 25, 2009. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Development Plan by redesignating on Schedule 2- A, from Heavy Industrial to Low Density Residential, parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID Numbers 00346916, 00347443 and 00417634. 2. That Common Council rezone parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID Numbers 00346916, 00347443 and 00417634 from "1-2" Heavy Industrial to "R-2" One and Two Family Residential. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposal Municipal Plan amendment and rezoning. Buildings and Inspection Services has no concerns with either of the properties. ANALYSIS: The subject sites are located on Mount Pleasant Avenue East between the intersections with Beacon and Alma Streets on the City's East Side. Irving Oil Refinery property currently surrounds the sites to the rear, the east and to the west although the actual refinery complex is located over 500 metres southeast of the subject sites. The property at 188 Mount Pleasant Avenue East has approximately 910 square metres (9,796 square feet) of area and approximately 21 metres (69 feet) of frontage on Mount Pleasant Avenue East. It currently contains a two storey single-family dwelling and a detached garage. The property at 196 Mount Pleasant Avenue East consists of two parcels of land, with approximately 1,117 square metres (12,023 square feet) of area and approximately 28 metres (91.8 feet) of frontage. It currently contains a one-and-a-half storey single-family dwelling. The surrounding area, aside from the Refinery property, contains mostly single- and two-family dwellings. The Loch Lomond Mall and several churches are also located in the wider area, as are a mix of commercial and light industrial uses along Bayside Drive. As a result of a recent request for zoning confirmation for the subject sites, staff was alerted to their inclusion in the "I-2" Heavy Industrial zone in spite of their current residential use. Planning and 145 City of Saint John Page 3 188 and 196 Mount Pleasant Avenue East May 15, 2009 Development Department records do not indicate when or why these sites were zoned as such, but Building Inspection records indicate that there was a dwelling at 188 Mount Pleasant Avenue East from at least 1983, if not before. The current application is to recognize the long-standing use of the subject sites for residential purposes, and seeks only to recognize this as a permitted use. The owners of the sites have indicated that they are in agreement with the proposed rezoning, and no other changes to the subject dwellings or properties are planned as a result of the proposed rezoning. This rezoning will; however, permit additions or renovations to the subject dwellings in the future. Currently, the residential use of these properties is considered non-conforming, and no additions or renovations for residential are permitted under the "I-2" Heavy Industrial zoning. CONCLUSION: The requested Municipal Plan and Zoning By-law amendments are supported as they will recognize the long-standing residential use of the subject sites in keeping with the surrounding residential neighbourhood. SH Project No. 09-115 146 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT 4 r+♦ 4 7b w C ^n "t 1 a W IL-1 s Subject Site/site en question: Location: 188 and 196 avenue Mount Pleasant Avenue East Date: April 24, 2009 Scale/echelle: Not to scale/Pas a 1'echelle i i PID(s)/NIP(S): 00346916,00347443,00417634 147 -iF v W~ Q .ra l~a b t'i_ 1:, ti°h A., Aplification for a Municipal Plan and Zoning By-law Amendment e salt a modification a niunicipal et ` V rete sur l e Applicant related Information t eMei e e is Sur lea as eur ' tittct ! RenseigntKnects sur is roprii.tr` / 7 ~ lErt,z:{a ernen' f5 - ....___r'G._. - _ - Civic » ; No 's: veirie itrc'~f Rlic Ott a is equeste 1 odi tca `ons a u s V; n . Flan municipal u° Und 'Use Des nalion tc ' Modiftei {a cImpatior tie l uail;;~teic n ies terms a .n` Ar2k, ..:.C t:9inui;,atf palliculu",, on ;rtachri°^itj Madification du,cxtc Ondiquv icy data{{: eq annexel ZCItilq 13o ia.vr Arrete sur le Zonage i~ Uanac Zoning to Wdiflcaiiur du zonage A and'vr ou Test Amendment (indicate particular on uvw0t T, 148 Dmiprrumt mpw^r 1 pm mkWn ''pry h'pmenj de Uj ~,r'yr~mrn""v~'CGA7Y'tl Au ^rnm ,pom a W"wd'' m i:'rCddr• d.rro tr&6'Jna m s B'Gaea.h' devv fi?'Bgrnk r Vm plapt Idv.me 4 C i(chc ""e dPhd.rmum varp " B(no,Prruprow) AnurBVn;alsapt e,' de P'ropnSr",rn VOUS~Wlffllf,au"~II~P~&'"APiV,"y'd~rd~l[1kNR'~'dd'°"a"ir! ra orr.u xd Gr l",a, budl'diny, pluiv, vew°omn rk ^js Pdmmomphm des P arm,' wdxr raa0x ent des dav,d'uns A ,-y Pr Cmu'dC t:Nrd'~ ~i~W 'P W"r Qb . Pddl~Pd ~ "u ~Nd Me if' e pbm dVhr~@i "pd n eI tour dN~~~ P'~YP°rC9N'Vh? d`dskAa~'C N~ 1uW;d RSA" Ie "ion A mursr A mw Me Qemov gi'iirmr ~arsri~a,~~u+ rice m „dnpu indimgu er" les dirn(msur us Jr i` pr rgZ4ud i'Ice!ajvn df OU burrid'ings, driwrnqrw', P;r Q arcas. Peempfacement dr a wlydirp"dr',w hdgirnenrs, d'ew° 01OPT d~,r CQ0~~ nvccn (he pr mprr~ boundarl- and the ds:sr innaw du Tismllsarinn s 1i ~pds rorim c~'7ndiju rr Rariir: PrWMp m v Am ~P urance efur° Irs )'Weem de is ~vr-vjlrigle of TPS b6smlc nf;r Praw°'odw repro 1s'Ay ooe irnudrrwmm skur7r.rkd be glow& "'F`mr"r k ks Wmm pu,us m uiar4h RmiRmirn du'rMu~a°r. IM PP mlo' prow IiJe an ;uther ,nfbm.risfia r Aw y m pWa,W Oat Wd be husylr , a Fo ur'mor rr uit autre r'cmmx;Y'mment victrmart v%CY Pir'rnriPrw,ap'Gian igW PounaR let WIN, `:ror tu7 s;Uw of arh rphr aut 1 S rrar ure du de mandeur $400 A,'njumhn Fee nck,ond f':i°,. im Gas IN; is demmWe de 400 S IM we m A m mw I * W d rn pawn rd'r wu"radar xrrrirrrrs r"rub tl~rm"r p rPu"r u~as ~d'u to p rac ,,ed is r°hrequved j6u° Iruurrsrdrrr°rrhnm ~)o Common CoArr cil op,nature of Owner (a(apir9 r 'g de), ~i,i~arime du pmprodwiwkc N Er mime No w"• a Rum) M mW nU"sIvs ie i rgPrih?ire du rcr°ram m r idvr,rrdlr,n, w°eadigz,obreni'wfuw,s"gnrsrur dRr rmacrunW;Pe,rPN~a° rusPri~sar°rh cNds^;rdrrruu i,rs,Gr Apr rard'u r+rup x~r a ^AarrrnrrMrpnr~r ~railemf.!nr * !'ra rrrdnsrnPr ?rrq rrd a~,sR rrnriuaus Pm riu e c d~rnrcrc e i:rtar~ d'or cmr!„c~rpd ra-maarnr~Ar9~aC ; dsr v - a~i 149 City of Saito INTERNAL INSERTION ORDER Reference; Municipal Plan and Zoning By-Law Amendments. 185-187 Golden Grove Read News er Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): April 28'h, 2009 "SJTJ Independent Placement Date(s): May 19'h, 2009 Information for (Boldface anything you want of i , Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice Sub-Headline (if a plicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Gre ere communale Contact: Telephone: (506) 658-2862 150 PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS RE: 185-187 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, May 25, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to Light Industrial, a parcel of land with an area of approximately 438 square metres, located at 185- 187 Golden Grove Road, also identified as being a portion of PID No. 00312116, as illustrated below. 2. Rezoning the same parcel of land from "RS-2" One and Two Family Suburban Residential to "I-1" Light Industrial. (INSERT MAP) REASON FOR CHANGE: To expand the area currently designated as Light Industrial to include an existing garage. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted, Written objections to the amendments may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET :185-187, CHEMIN GOLDEN GROVE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 25 mai 2009 A 19 h, en apportant les modifications suivantes : 1. Reclassification, a ]'annexe 2-A du plan d'amenagement municipal, dune parcelle de terrain d'une superficie d'environ 438 metres carres, situee au 185-187, chemin Golden Grove, et etant aussi une pantie du NID 00312116, pour la faire passer de zone residentielle de faible densite A zone d'industrie legere, comme le montre la carte ci- dessous. 2. Modification du zonage de la parcelle de terrain pr6citee pour la faire passer de zone residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS-2» A zone d'industrie legere «I-1 (INStRER LA CARTE) RAISON DE LA MODIFICATION : Elargir la region actuellement designee a zone d'industrie legere rr de sorte a inclure un garage existant. Toute personne interessee peut examiner les modifications proposees an bureau du greffier communal ou au bureau de Purbanisme et du developpement A 1'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauflesjours feries. Veuillez faire part de vos objections aux projets de modification proposes par ecrit a ]'attention du soussigne A Ph6tel de ville. Elizabeth Gormley, greffiere communale 658-2862 151 I l ochv gk vn Ilya! art I iiinwin Council of The City ,x Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-lalc at ns regular nesting to be held in the Council Chamber on Monday, llar 25, 2004 at 7:00 p.m., by I Rcdcsi<gnating on Schedule 2-A of the Municipal DcvdopmLnt Plan, from Low Dentilr Residential to Light Industrial, a parcel of land with an area of approximately 438 square metres, located at 185- 1S7 Golden Groat Road. also identified as being a portion of PID No. WINK as illustrated below 2 Rezoning [be same parcel of land from 'RS-2' One and'l'%@ Family Suburbon Residential to 14" Light Industrial, REASON FOR CHANGE: To expand the area currently designated as Light hulunrial to include an existing garage. Ilse proposed amendments nrac be inspected by any nncro ed person A the Air of the Common Clerk, or in the ollice of ` Planning and Development, City , [tall, 15 Markel Square. Saint John, N B. between the hours of 8:30 it m. and 4:30 p.m, Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to [be undersigned at City Ila]]. III ; .r III Ill. ,lll III. °P:.`,' I': UN JQ "iA, 4` I ' m 7i cummunaldeTheCity of Saint son intention do modifier le plan d'amenagcment municipal el rarrete sur le tuna,( de The Cm of Saint John. tors de la reunion ordinaire qui sc hendra darts la salle du consed le lundi 25 mai 2009 a 14 h, en apportanl les modifications sunamcs. 1. Reclassification, a rannexe 2-A du plan d'amenagemenl municipal, dune parcllc de terrain dune supcrficne d'environ 4M metres carres, situ& au 185.187, chemin Golden Grose, el hunt aossi une partie du NID 00312116, pour la faire passer do cone riridrnrielle de foible deasiti a ;one d'industrieligire, commis le montre la carte ci-dessous 2. Moddlica[mn do zonagc de la parecllc de [rnrarn precntee pour is faire passer de zone r(sidemticllc do banfeue a Iwbitalime unife ilioles el bifamiliales i(RS-h) ;i zone d'induslde ]ZjOe <r 1-1 o. RAISON DE L1 MODIFICATION: Clargir la region actuellcment designee « Wane d'industrir ligire r de sorte a include un garage existant 'route personae m[eressee peul examiner les modification, proposecs au bureau du grelner communal on an bureau de rurbanisme el du dcacloppcment a rh6tei de ville au 15, Maikel Square, Sam[ John, N.-B, cntre 8 h 30 el 16 It 30 du lundi au vendredi. sauf les Jours Wes Veuillez faire part de vos objections aux prolets de m(uhfieatton pi oposes par aril a rattenlmn du sriussignc a 116tel d( viBe, Elizabeth Gormley, Common Clerk Elizabeth Gormley, grelhcre communale 658.2862 658.2862 G 3 'l'l i r a. ..a;.i39tdg~O 152 153 i i o Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Reference: Municipal Plan and zoning y-Law Amendments: 185-187 Golden Grove Road News er Insertion Dates (Check as applicable) (SJTJ= Saint o Telegraph Journal) SJTJ City Information Ad Date(s): April 281h, 2009 " SJTJ Independent Placement Date(s): May 191h, 2009 Information for (Boldface anything you want of i Ad, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice Sub- ea fine (if applicable): Text; INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658-2862 154 BY-LAW NUMBER C.P.105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: I Amending Schedule 2-A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 438 square metres, located at 185-187 Golden Grove Road, also identified as being a portion of PID Number 00312116, from Low Density Residential to Light Industrial 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. 2009 and signed by: Mayor ARRATA No C.P.105- ARO A MODIFIANT L'ARRETA RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a edict6 cc qui suit : L'arret6 relatif au plan municipal de The City of Saint John d6crete le 3 janvier 2006 est modifie par : I la modification de ('annexe 2-A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie approximative de 438 metres carr6s, situ6e au 185-187 chemin Golden Grove, et 6tant une partie du NID 00312116 de zone r6sidentielle de faible densit6 a zone d'industrie 16g6re - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffi6re comunale First Reading - Premiere lecture Second Reading - Deuxi6e lecture Third Reading - Troisi6me lecture 155 BY-LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 438 square metres, located at 185-187 Golden Grove Road, also identified as being a portion of PID number 00312116, from "RS-2" One and Two Family Suburban Residential to "I-1" Light Industrial - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2009 and signed by: Mayor/Maire ARRM No C.P,110- ARRETE MODIFIANT L'ARRETI SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lots d'une reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr& le dix-neuf (19) d6cembre 2005, est modi66 par : 1 La modification de Pannexe aA», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 438 m6tres carr6s, situ6e au 185- 187, chemin Golden Grove, et 6tant aussi une partie du NID 00312116, de zone r6sidentielle de banlieue - habitations unifamiliales et bifamiliales c<RS-2» a zone d'industrie 16g6re (1 1-1 - toutes les modifications sont indiqu6es sur le plan ci-joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading . Troisi6me lecture 156 Planning P.O. Box 1971 506 658--2800 Advisory Committee Saint John New Brunswick Canada E2L 4L1 May 21, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning - 185-187 Golden city of saint John Grove Road On April 27, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2009 meeting. Mr. Douglas Mitton appeared to speak on behalf of the application and indicated that he was not in agreement with the recommendation in the attached report. He pointed out that he had been using the five-bay garage for storage of his antique cars and a boat, and that following the rezoning the garage would not be used for auto body work. He noted that the staff report indicated the body shop currently had three bays, but that there was actually room to work on 10-13 cars within the existing building (so adding the five-bay garage would not double the capacity). Mr. Mitton reiterated that the new owner would not use the five-bay garage for auto body work, only for storage purposes. He also noted that he is willing to look at other options for the site, but that he doesn't want to tear down the smaller garage as it is still in good shape. No one appeared to speak in opposition to the application and no letters were received by the Committee. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below. The Committee also denied the applicant's requested for variances to reduce the minimum required side and rear yard for the existing garage. RECOMMENDATION: That Common Council deny the requested Municipal Plan and Zoning By-law amendments. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-111 157 The City of Saint John DATE: TO: FROM: FOR: MAY 15, 2009 b_ PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING t~ PLANNING AND DEVELOPMENT MEETING OF MAY 20, 2009 Sara i Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Douglas E. Milton Douglas E. Milton 185-187 Golden Grove Road portion of 100312116 Existing: Low Density Residential Proposed: Approved Light Industrial Zoning: Existing: "RS-2" One and Two Family Suburban Residential Proposed: "I-l" Light Industrial Proposal: To rezone a portion of land to permit an existing five-bay garage to be used in conjunction with an existing light industrial auto body shop. Type of Application: Municipal Plan amendment, rezoning, discharge of the conditions of an existing Section 101 Agreement and variances to: a) Reduce the minimum side yard for the existing five-bay garage on proposed Lot 08-2 from 3 metres to approximately 2 metres; and M/-r 1W SAINT JOHN P.O. Box 1971 Saint John, NB Canada ER 41 I www saintjohn.ca I CA 1971 Saint John, N.-B. Canada E.2L 4L1 158 1 Douglas E. Mitton 185-187 Golden Grove Road Page 2 May 15, 2009 b) Reduce the minimum rear yard for the existing five-bay garage on proposed Lot 08-2 from 7.5 metres to approximately 0.9 metres and 1.1 metres, respectively, for the west side and the south side of the existing five- bay garage. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan and Zoning By-law amendments. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, May 25, 2009. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council deny the requested Municipal Plan and Zoning By-law amendments. 2. That the Planning Advisory Committee deny the requested variances to: a. Reduce the minimum side yard for the existing five-bay garage on proposed Lot 08-2 from 3 metres to approximately 2 metres; and b. Reduce the minimum rear yard for the existing five-bay garage on proposed Lot 08-2 from 7.5 metres to approximately 0.9 metres and 1.1 metres, respectively, for the west side and the south side of the existing five-bay garage. BACKGROUND: In 1976, Common Council rezoned the entire property at 185-187 Golden Grove Road from "RS-2" One and Two Family Suburban Residential to "1-1" Light Industrial to permit the operation of an auto body shop. The rezoning was subject to Section 39 conditions relating to the operation of the shop and the development of the site. As a result of the rezoning, the existing dwelling on the western portion of the property became a non-conforming use. In 1979, Common Council approved an expansion of the auto body shop. In January of 1981, Common Council amended the Municipal Plan designation and zoning for the western portion of the subject property from Approved Light Industrial back to Low Density Residential 159 Douglas E. Mitton Page 3 185-187 Golden Grove Road May 15, 2009 and from "I-I" Light Industrial to "RS-2" One and Two Family Suburban Residential in order to permit an addition to the existing dwelling. In June of 1984, Common Council amended the Section 39 conditions to permit a 3 square metre (32 square foot) fascia sign to the placed on the auto body shop and advised the applicant to remove an existing freestanding sign from the property. On October 19, 1995 the applicant requested a Building Permit for a five-bay garage to the rear of the dwelling. The garage had already been constructed at that time. On November 21, 1995, the Planning Advisory Committee granted a variance to increase the total maximum ground floor area for accessory buildings from 108 square metres (1,166 square feet) to approximately 143 square metres (1,540 square feet) to permit the existing five-bay garage to remain on the subject site. At the meeting of July 23, 1996, the Committee recommended that Council authorize the execution of a Section 101 Agreement requiring that the five-bay garage be used only in conjunction with the residential use of the property. This agreement was executed and registered on March 26, 1997 as a condition of the Planning Advisory Committee's approval of a variance for the garage. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed Municipal Plan amendment and rezoning application, with the understanding that no change to driveways or municipal servicing is being requested. Buildings and Inspection Services has indicated that the rezoning itself does not create any Building Code issues; however, if the property is to be subdivided, it will place the five-bay garage and the other adjacent garage in violation of the Code. The buildings are approximately 7 feet apart based on Building Inspection records, and placing a property line between them would require that both buildings be upgraded to meet Building Code standards for spatial separation. Saint John Fire Department has reviewed the proposal and accepts the application with the understanding that the existing property is in full compliance with the National Building and Fire Codes. To this end, the Fire Department will be conducting a full fire inspection in conjunction with this submission and, as such, all deficiencies must be corrected before the Saint John Fire Department will accept this proposal. Some of the Code concerns include, but are not limited to, conformity of the operation with the Codes in relation to: - Spraying or undercoating operations; - Hot works (welding, etc.); - Provisions for firefighting; - Fire extinguishers located in motor vehicle garages; - Water supply and hydrant distribution strategy (distance of hydrants to the facility); - Storage of propane cylinders; - Heating system; and - Electrical system. N.B. Department of Environment has been advised of this application. 160 Douglas E. Mitton Page 4 185-187 Golden Grove Road May 15, 2009 ANALYSIS: Subiect Site and Neiehbourhood The subject site is located on the north side of Golden Grove Road, near the intersection with Roxbury Drive and Westmorland Road in the Glen Park area of East Saint John. The approximately 4,200 square metre (1.04 acre) subject site currently contains an auto body shop with three garage bays on the eastern portion of the site (currently zoned "I-1" Light Industrial), and a dwelling and two detached garages on the western portion of the site (currently zoned "RS-2" One and Two Family Suburban Residential). The surrounding area contains a variety of residential zones, ranging from "RS-1" One and Two Family Suburban Residential and "RS-2" One and Two Family Suburban Residential to "RM-1" Three Storey Multiple Residential. Proposal The applicant, who is the long-standing owner and operator of "Doug's Auto Body Shop", is proposing to subdivide the subject property in order to sell the three-bay auto body shop and five-bay garage to "Scott's Auto Body and Collision" and retain the existing dwelling and two-bay garage for his own use. Given the current location of these buildings and the zoning line separating the light industrial portion of the site from the residential portion, this subdivision also requires approval of a Municipal Plan amendment, rezoning, repeal of an existing Section 101 Agreement, and variances. The proposed inclusion of the existing five-bay with the existing light industrial site would more than double the capacity of the existing auto body shop (increasing the number of garage bays from three to eight). Municipal Plan Amendment and Rezoning The applicant proposes to amend the Municipal Plan designation from Low Density Residential to Approved Light Industrial and rezone the property from "RS-2" One and Two Family Suburban Residential and "I-1" Light Industrial for an approximately 438 square metre (4,715 square foot) portion of the site as shown on the attached site plan as "Parcel A" (area to be rezoned). This parcel includes the existing five-bay garage and a small area at the rear of the property where the current "I-1" Light Industrial zoning line does not extend to meet the property line. Although the five-bay garage is currently located on, and used in conjunction with the residential portion of the property, it is considerably larger than what is permitted in a residential zone. This, as well as the garage's location directly abutting the current industrial use and within the existing fencing for the auto body shop, would seem to make the requested industrial use of the five-bay garage reasonable. However, careful considerable must be given to the fact that the existing auto body shop is located in a residential neighbourhood and this proposal will constitute a significant intensification of the industrial use. Was the applicant proposing to construct a new five-bay garage to more than double a light industrial use in a residential area, staff would likely recommend denial due to the potential impact on the surrounding residential uses. 161 Douglas E. Mitton 185-187 Golden Grove Road Page 5 May 15, 2009 The mere fact that the garage is currently in existence, especially given that it was only granted the necessary variances after it was constructed and then only on condition that it be used solely for residential purposes, should not be sufficient to consider this a reasonable proposal. Discharee of Section 101 Agreement The March 26, 1997 Section 101 Agreement between the applicant and the City of Saint John currently requires that the five-bay garage at the rear of the subject site be used only in conjunction with the residential use of the property. Under the current proposal, this garage would be rezoned and used in conjunction with the auto body shop. Repealing the conditions of the Section 101 Agreement is therefore required if Common Council is to give favourable consideration to the Municipal Plan amendment and rezoning. Subdivision and Variances The applicant is proposing to subdivide the subject site in order to sell the existing five-bay garage in conjunction with the existing auto body shop and to retain the existing dwelling and two-bay garage for his own use. As shown on the attached Douglas Mitton Tentative Subdivision Plan, the property line separating proposed Lots 08-1 and 08-2 has been located to the west of the five-bay garage and between the two existing garages, approximately 1.1 metres (3.6 feet) south of the five-bay garage and north of the two-bay garage. The proposed property line is also located approximately 0.9 metres (2.95 feet) west of the rear of the five-bay garage. Were Council to approve the requested Municipal Plan and Zoning By-law amendments, the proposed subdivision could be approved by the Development Officer without Planning Advisory Committee or Council assent, as both proposed lots meet the minimum requirements of the Zoning and Subdivision By-laws, there is no requirement to dedicate Land for Public Purposes in conjunction with the subdivision, and no new public streets or easements will be created. The proposed subdivision does; however, require significant variances to permit the existing five-bay garage to remain in its current location relative to the proposed property line. In particular, variances are required to: a) reduce the minimum side yard for the existing five-bay garage on proposed Lot 08-2 from 3 metres (9.8 feet) to approximately 2 metres (6.6 feet); and b) reduce the minimum rear yard for the existing five-bay garage on proposed Lot 08-2 from 7.5 metres (24.6 feet) to approximately 0.9 metres (2.95 feet) and 1.1 metres (3.6 feet), respectively, for the west side and the south side of the existing five-bay garage. The requested variances are numerically significant in and of themselves; however, the real concern lies in the fact the Building Code requires that buildings of combustible (i.e.: wood frame) construction be located no closer than 2 metres (6.6 feet) from a property line even when they are covered with non- combustible cladding, have sheetrock on the interior walls and contain no more than 12% openings (i.e.: 162 Douglas E. Mitton Page 6 185-187 Golden Grove Road May 15, 2009 windows and doors). Neither of the existing garages meet the Code requirements that would permit the structures to be located closer than 2 metres from a property line. As a result of the Building Code violation that would result from the proposed subdivision and variances, their approval cannot be considered reasonable. In order to meet Building and Fire Code standards while subdividing the existing garages onto separate lots as is currently proposed, either one or both of the structures would have to relocated or demolished. If the applicant were to undertake this work, the garage(s) should be placed at the minimum distance required by the Zoning By-law, thus eliminating the requirement for variances. CONCLUSION: Given the long-standing light industrial use of a portion of the subject site, the addition of a 438 square metre (4,715 square foot) parcel of land to the "I-1" Light Industrial designation and zoning does not at first seem problematic. However, the addition of a five garage bays to an existing three-bay auto body shop, more than doubling the capacity of a light industrial use in a residential neighbourhood cannot be supported, especially given the existing Section 101 Agreement between the applicant and the City of Saint John limiting the use of this garage to residential purposes. In addition, staff cannot support the requested variances due to the violation of the Building Code that would result from the creation of a property line at the proposed location. SH Project No. 09-111 163 PLANNING AND DEVELOPMENTIURBANISME ET DCVELOPPEMENT 2 Il • rn• ding ' RN- 1 S- 2 i ;e8Cih9 Cr. ~ a,♦ m •t! w i 1 ~S 1 . ,r m • ,r a 0 ooh • PI D(s)1N I P(s): 00312116 Subject Site/site en question: Location: 185-187 chemin Golden Grove Road Date: April 24, 2009 x Scalelechelle: Not to scale/Pas a 1'echelle a ilfl ■Il,. Mir, ri 11 riri~ r y 164 Dc \1 O$." Z~ see Debly Forest Services Ltd. See Plan File 49, No. 85 See Plan File 48, No. 128 See Plan No. 19934588 PID 312123 O~ Go Goy ~D b 1 z u r ~~e~ be rez a✓" x V01C cea X~ _x 0 ~e s1 2 M i 16, Go\ N m (6 185 - 187 Golden rove Roaoi ~ooa tope G ~ Key Plan Scale = 1:25,000 LEGEND: ® SMF - Standard ® SMS - Standard • RIBF - Round it ISF - Square ir< O IPF - Iron pipe O CALC - Calculote A NBCM - N.E. Ca sq.m. - Square met A - Arc R - I Rad.Pt. - Radius pc Q- 'Centreline -4- Line not to -x7 Fence PID PorceLidentif Ad' Adp j nets f oo L - 'tabulated A.N.B.L.S. - Associa NOTES: 1. Azimuths and Co. NEW BRUNSWICK GRI (Adjusted Network) c tabulated New Brun: Computations perfor shown are based or Stereographic Double (CSRS) ellipsoi~g 2. Azimuths are rou 3. Distances are in nearest CENTIMETRE. 4. Lands dealt with thus 5: Peripheral inform derived from voriou: fi. All plans and do in the Registry Offie or in the Provincial . e 1 ve. SACtivision Plan ~ Doc~lo~ Mi~an t~•o~ God OG~\ 09} X8 \_o'L 0 S e P4aa 'Ae 00 V X~I L 1 151 ~gt bix~x 4g~~ixi x xI 1 oaf ta. Lot PCe° m ' rro1h 5G y i i N 0 CD i Q a 153 Gd`a A N O 7 ■ OF - Square iron b O IPF - Iron pipe four O CALC - Calculated p A. NBCM - N.B. Co-or, sq.m. - Square metres A - Arc R - Radii Rad.PL - Radius point Q- 'Centreline Line not to scale -x- Fence PID - Parcel identifier r Adj - Adjusted network Soo - Tabulated co- A.N.D.L.S. Association 1. Azimuths and Co-ord NEW BRUNSWICK GRID C( (Adjusted Network) and tabulated New Brunswick Computations` performed shown are based on the Ster"rophic Double Pr( (CSRS) ellipsoid. 2. Azimuths are roundec 3. Distances are in MET nearest CENTIMETRE. 4. Lands dealt with by thus 5. Peripheral information derived from various soi 6. All plans and docume -in the Registry office of or in the Provincial Lon, ~ :500 Tentat Dou:gla. Subd City of Saint John Y BY-LAW NUMBER C.P,110-101 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 873 square metres, located at 37 Northumberland Avenue, also identified as PID number 00314427, from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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. 2009 and signed by: Mayor/Maire ARRETE No C.P. 110-101 ARRETE MODIFIANT L'ARRETt SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur 1e zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 873 metres earres, situee au 37, avenue Northumberland, et portant le NID 00314427, de zone residentielle - habitations unifamiliales et bifamiliales (~R-2» a zone residentielle - habitations de quatre logements «R-4)) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Lai sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci-j oint 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 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading -May 11, 2009 Premierc lecture le 11 mai 2009 Second Reading - May 11, 2009 Deuxieme lecture le I I mai 2009 Third Reading - Troisieme lecture 167 0 , Section 39 Conditions - 37" Northumberland Avenue That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use and development of a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID Number 00314427, be subject to the condition that: a. the use of the property is limited to a maximum of three dwelling units, b. the applicant obtain a Change of Use permit for the three dwelling units to ensure that all Building and Fire Code standards are met; and further, that upon 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. 168 PLANNING AND DEVELOPMENT URBANISME ET D~VELOPPEMENT REZONING REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John ModifiantAnnexe ck) de I'Arrete do nonage de The City of Saint John FROM i DE TO/ A R.2 _ R•4 One and Two Family Residential Four Family Residential 1 I Zone residentielle-habitations Zone residentielle-habitations unifamiliales et bifamiliales de quatre logements Pursuant to a Resolution under Section 39 of the Gommunily Planning Act Conf0fmdme0l a une resolution adoplde par le conseil municipal en vertu de I'article 39 de la Loi surl'urbanisms Applicant: Brett Taylor Location: 37 avenue Northumberland Avenue PID(s)/NIP(s) 00314427 07N&6SE Drawn BylCreee Par: David Couture Date Drawn/Carte Creee; May 21 mai, 2009 Recommended by PA,CJconsiddre par le C.C.u.: May 5 coal, 2009 Enacted by CouncillApprouvd par le Conseil: Filed in Registry OfficelEnregisire le. By-Law #IM61e 169 BY-LAW NUMBER C.P. 110-102 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 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID number 00027607, from "R-4" Four Family Residential to "R-2" One and Two Family Residential - 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. 2009 and signed by: Mayor/Maire ARRETE No C.P. 110-102 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal„ The City of Saint John a d6cr& cc qui suit : Uarrete sur le zonage de The City of Saint John, d6cr& le dix-neuf (19) d6cembre 2005, est modifie par : 1 La modification de 1'annexe oA», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 90 metres earns, situ6c au 90, rue ext. Parks, et 6tant aussi une partie du NID 00027607, de zone residentielle - habitations de quatre logements uR-4» a zone r6sidentielle - habitations unifamiliales et bifamiliales «R-2» - touter les modifications sont indiquees sur le plan ei-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 2009, avec les signatures suivantes : Common Clerk/Greffi&e eommunale First Reading - May 11, 2009 Premiere lecture - le 11 mai 2009 Second Reading - May 11, 2009 Deuxieme lecture - le 11 mai 2009 Third Reading - Troisieme lecture - 170 PLANNING AND DEVELOPMENT/ URBANISME ET Dt=VELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe sA» de I'Arrete de nonage de The City of Saint John k~ ti G o t FROM I DE TO /A R-2 R-4 One and Two Family Residential 7' Four Family Residential I I Zone residentielle-habitations Zone residentielle•habitations unifamiliales et bifamiliales de quatre logements Applicant: Hughes Surveys & Consultants Inc. on behalf of Allan Myers Location: 90 rue Parks Street Extension PID(s)UP(s) Portion of/de 00027607 06N89SE Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: May 21 mai, 2009 Recommended by P.A.C,IconsidW par le C.C.U.: May 6 mai, 2009 Fnacled by CoonciYApprouvd par le Conseil, Filed in Registry OfficelEnregislre le. By-Law #lArrele 4: 171 Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant 1 Nom du demandeur Huohes Surveys & Consultants on behalf of Aberdeen The RV Place Ltd. Mailing Address of applicant 1 Addresse postale du demandeur 575 Crown Street Saint John. NB Postal Code / Code postal E21. 5E9 Telephone Number / Numbro de telephone Home / Domicile Work / Travail 634-1717 Fax Number / Numdro de telecopieur 634.0759 Name of Property Owner (if different) / Nom du proprietaire (si different) Melba Zoreta O'Leary and Joan Donovan Address / Adresse C/O Huahes Surveys & Consultants Inc. Postal Code / Code postal: Property Information / Renseignements sur la propriete Location 1 Emplacement 994 -1000 Rothesav Road 55007264.296756.296541.297051.297689 Civic # I No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 11.855 so, metres more or less Existing Use of Property 1 Utilisation actuelle de la propriete Street Frontage / Fagade sur rue All oroaerties are vacant except PID # 55007264 which contains a residential 3-Unit dwellino Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Present Zoning / Zonage actuel RS-2 One and two family suburban residential Amendments Requested I Modifications demandees Municipal Plan I Plan municipal Change Land Use Designation to / Modifier la designation de l'utilisation des terres Desionation to Service Corridor and/or / ou 11 'text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning By-law/ Arrete sur le Zonage X Change Zoning to / Modification du zonage A B-2 General Business and/or / ou a Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) 172 Development Proposal 1 Proposition d'am6nagement Description of Proposal 1 Description de la proposition The Proposal is to create a recreational vehicle sales establishment on the vacant area of the subiect properties, The front portion of the ail I a T' 11 4,~~11' r n i ~ 'f ~i '111Rt 1 ;M r;~,IlWrl~ ~l r L Ii';;`P hli f n. 7 -a 's'hat „:;II rF_I F real I `il'l DFID&l I~r i;I.II [I to '1 IIN L.II ar f -1t i I{r,'" aa- R) r br= 11 ti la ! rl;;l :'t~ II 5 fr-in _ Fr n; rl:'rll' i1r -I I - -1 i u ll-r: ;irljl I.-IF theservlclno and nialntE_ c of thelI IcI UduI , c_' I Ju1uf~~{Id ~;I6- J ~_I Cll Ie ltv. CWi,q g t (ho q c.=1 'It's I I IrP Lr te. X11 9.+.I Ir7t~l'Ji 1'; r_ - !II;)A ;t'III - J: I'.:ItI :Il`'rN'llvdlli, l „ rIC l"Cfl LC I:I' r 114. t'ill' I'LI_ as - ,Iii, ej of IV,Ic r l(JI 4I"it l ,I;I-I~ Ili rl=~ll1i uc.! l'14 ~r[1 ~:~Illf''•"~,Y'S . :11J.+ I: ' l i 1' i ! -.:Y i7~ 'il U - L' ~ I11-•a I _ r (rn.-Il { I F Sri' II,r ;%r - , be corlricx0d to gPublrlu ! ~I .r11 r,lf II' I:~ thLfl N 11 r ra;i' 1 ,td il" P~ ntlnCle ~L II, .1 Kill "d 'f:I,..;II lie; You must provide a scaled site plan that illustrates your Vous devez foundr un plan du site d Vichelle illustrant votre proposal. You may also provide photographs, building proposition. Vouspouvez igolement fournirdes photographies, des plans, elevation drawings and any other form of plans de b&timent, des dessins de plan d'ilivation at route outre it formation. The site plan must show the dimensions of forme de renseignement. Le plan du site doit indlquer les the property, the location of all buildings, driveways, dimensions de ta propriiti, Vemplacement de la totaliti des parking areas, landscaping and signs. It is important Wments, des allies, des alres de stationnement, des that the distance between the property boundary and ominagements paysagers et des panneaur de signalisation. It est buildings are shown. important d'indiquer la distance entre les limites de la propridti et les b6riments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient etre approuv6es. We believe the amendment should be approved as the site presently is an underutilized area that has ezoosure to large volumes of traffic. k` j 1- - I II ilia I ^Imrleo f , ruccdly con ...~.j emiJmt, -vice t1R'rof~m II - i' ,~I(Lrr,l+!. I I__ rl ht CSI hI"I"tYt,lull'I'~I- I`I Imr I I'yi I . Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait We utile. At oresenl Aberdeen The RV Place operates on the same site as Aberdeen Motors at 755 Rothesav Avenue. As a result of the success of the ty,,l r fir - --nmlU.Ihirl& ~3mi,onw din ,p1 I on a rtuhnTrea of rIC h h,tn,dff°ir.:... I~+n, lfMx1Oatrjnmntelotraffic -r II -i_r , =ae.,ao', . ~rAma ="I 'or.d',rS*"rtlfl,,iiar J3. n~r The rrOpOS d' for thel(pUrpOSef : 4ylll assure a SUCCBSSI<II OperaflOrl 4'!ei°i IT, to rite .~i"e. Aw l uccu 11L I.v t ,w. I r I IIa , 'e bw xcess of 25 The o r I 19 0k hard to a ftraraht future loi,S$aiat LW A2- u. - n mmL -Il i rl' I V I II I. Ic , U I ' It cted Dpporl II I' , I Signature of Applicant I Signature du demandeur Richard `Turner, Hughes~urveys & Consultants Inc. Date X $400 Application Fee Enclosed 1 Ci joint les frais de demande de 400 $ We hereby authorize Aberdeen The RV Place Inc. and their representatives Hughes Surveys & Consultants Inc. to make this application to Common Council. I Signature of Owners Melba Zore Dat J Donovan _ Date Signature of Oplionee (if applicable) S eg 0' - A rdeen The R ace ne. ~f Date ,I 173 6 t 5 I a 1 S I I y 1 7 City of Saint John INTERNAL INSERTION ORDER es er Insertion Dates (Check as applicable) (S J= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s); May 12'", 2009 Information for A (Boldface anything you a of i , Centre, Tab, etc.) Section Headline: General Notice Tender Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Ca to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 175 r PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENT MUNICIPAL RE: 994-1000 ROTHESAY ROAD OBJET : 994-1000, CHEMIN ROTHESAY Public Notice is hereby given that the Common Par les pr6sentes, un avis public est donne par Council of The City of Saint John intends to lequel le Conseil communal de The City of Saint consider an amendment to the Municipal John a ('intention d'6tudier la modification du plan Development Plan which would: d'am6nagement municipal comme suit : Redesignate on Schedule 2-A of the Plan, from Low Density Residential to Service Corridor, a parcel of land with an area of approximately 1.2 hectares, located at 994-1000 Rothesay Road, also identified as PID Nos. 55007264, 00296756, 00296541, 00297051 and 00297689, as illustrated below: la reclassification, a l'annexe 2-A du plan dune parcelle de terrain dune superficie d'environ 1,2 hectares, situ6e au 994-1000, chemin Rothesay, et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, de zone residentielle de foible densiti a zone de corridor de service, comme le montre ]a carte ci-dessous : [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, May 25, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of a recreational vehicle sales establishment. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 24, 2009. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 25 mai 2009 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION : Permettre I'am6nagement d'un commerce de vente de vehicules de plaisance. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 24 juin 2009 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiques avec le bureau du greffier communal ou le bureau de 1'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours 266s. Elizabeth Gormley, Greffi6re communale 658 2862 176 routs Ma~Kay Highway Z 177 iL~~~l f{`%1f. Lf ~t lfff~la~4 i-l*d 7rr7`t irk: 4~~`_',r~' - j` On V4(, r "`y Y . t r h r ir5~ ~ i Ilobhl ' or Pr' MIMI Council of'rhe 0tr o[ Saml John intends to consider an amendment to the Municipal Development Plan which would: Redesignate on Schedule 2-A of the flan, tram Loin Density Retidrnlial to Serriee Corridor, u parcel of land with an area of appiosimatdt 12 hectares, located at 994.1t0N1 Rmheset Road, also identified as PID Nos 5500720, 0029b'r51. 00296541, W297051 and 110297689, as illustrated hdott. rh. 'Y 1 t1J'lr t/rlr+n-fir p LI 1 r f: 'S 1r, on 01 itr . pat iequel le conned communal de The Cit.' of Saint John a ]'intention d'eiudicr le modification du plan d`amenagemcnt municipal comme sun la reciussi ication, a I'annexe 2•A du plan dune parcelle de lerram dune superficie denriron 1,2 hectares, snuee an 994.1000. chcmm Rothewt, el poriant ICs NID 550072W. (10296756. M296541. 00297051 ct 00297689, de zone residealielle de foible denriri i zone de corridor dr serrire, c omme le monttc la catte u-dessous A public presemairon of the 'k proposed amendment null take q6 bm^Ra place at a regular meeting of Common Council on Mandan. liuy 25, 2009 in the Council Chombcr, Lohbt Level, Cm I la]] t r Une presenidtnn publtque du ? prnlet de modification aura lieu I tors de la rcumon ordmarre du Conseil communal le lundt 25 mai 2109 dons la Salle du consul. au mrcau du hall d`cntrec, a I'hntel de Wile. REASON FOR CHANCE: I RAISON DE LA MODIFICATION : To permit the derclopmcni of a recreational vchicle Permente I'amenagcment d'un commerce de ienlc sale` cstabliglune t de nehtcules de plaisance Written oblecoom to the proposed amendment may' be made to the Council, to rare of the undersgnrd, by June 24, 2009 T..nqunics mat he made at the office of the Common Clerk or Hdmmng and Development, Crty Hall. 15 Market Square. Saint John. N B hetneen the hours of 810 a.m and 4 lit pm . Monday Through Fnday. meluuce. hohdas excepted Ehzabcth Ciormlcs'. Cnmmnn Clerk 658.2862 Veutllez faire part an Conseil par rent de nos objections an pn,lct do modifrdiwu du plus tardle 24 join 2009 a faticnuon du sousstgnc Pour toule demande de renseogncments, teudlez communoquer avec It bureau du eiet iier communal ou le bureau de I'urbarflM et du dwcloppemcnl a Fhntel de idle au 15. Market Square. Saint Cohn. N.-B., enire 8 h 10 ct 16 h 30 du lump au nendredt. saaf les lours [ernes t.hzaMh (iormlcv. Grdliere communale 658 :862 178 BY-LAW NUMBER C.P.105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.2 hectares, located at 994- 1000 Rothesay Road, also identified as being PID Nos. 55007264, 00296756, 00296541, 00297051 and 00297689, from Low Density Residential to Service Corridor 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. 2009 and signed by: Mayor ARRETE No C.P.105- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a 6dict6 cc qui suit : L'arrete relatif an plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par : 1 la modification de I'annexe 2-A, relative au plan d'utilisation future des terres, afin de faire passer la d6signation dune parcelle de terrain d'une superficie approximative de 1,2 hectares, situ6e au 9941000, chemin Rothesay, et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, de zone r6sidentielle de densit6 faible a zone de corridor de service - toutes les modifications sont indiqudes sur le plan ci joint et font pantie du present arr6te. EN F01 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr& le 2009, avec les signatures suivantes : Common Clerk/GrefFi6re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 179 Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal eta Varrete sur le zonage i Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur 5) 4 5 74 N a Lici. Mailing Address of applicant / Addresse postale du demandeur 2, 90 Lu Gr~ LC; Munn Rd, Postal Code / Code postal E 2U-Lk-7 Telephone Number / Numdro de tdldphone Home/Domicile Work/Travail Fax Number / Numdro de tdldcopieur ~G b -22q6 Name of Property Owner (if different) I Nom du propridtaire (si diffdrent) Address I Adresse Postal Code / Code postal: Property Information / Renseignements sur la propriete Location 1 Emplacement 1+7 - - b q P St , 72 - 74 St .l a.ineS Civic # /No de voirie Street'/ Rue PID / NIP Lot Area / Superficie du lot + 24 , CX )D ~4 z Street Frontage / Facade sur rue Z4 0.0 Existing Use of Property/ Utilisation actuelle de ]a propridtd _nar k i_qo area VCt(:WZt l 0+ Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan mmutniic-ippal _.~~vn `]f t'1Si~:i 'SiGPi'Ial IG Present Zoning / Zonage actuel ji 1~1~ - q (Jn° Amendments Requested 1 Modifications demandees Municipal Plan/ Plan municipal Change Land Use Designation to /Modifier la ddsignation de ]'utilisation des terres ~ AIDP FC. eG CCVnM P_rGUJ Dev elor~~~~ and/or / ou 11 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoniryg By-law/ Arretd sur le Zonage Change Zoning to / Modification du zonage d 4 9 Z 16 and/or / ou 0 Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 1 180 Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition p~evzlon Ol CCt riYr1~rGVG~ 11(a r ~(i Y1G l W i `t ,DaC6S 4r l (to F6x- I' 1C ` YYIMISS'~OYI T pc }Ph IU~~~L~ . You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping andsigns. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a Nchelle illustrant votre proposition. Vous pouvez igolement fournir des photographies, des plans de bdtiment, des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propridti, Pemplacement de la totalitd des bdtiments, des alldes, des aires de stationnement, des amdnagements paysagers et des panneaux de signalisation.11 est important d'indiquer la distance entre les limites de la propridtd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes, c pa 4,r~~ I®~ o~ exisFlnr Gornmercia~ tlSt?S r~eMnrrl - Dr poxr -m , swce V ~j I Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concemant votre proposition qui pourrait @tre utile. c~eve.la~rmp~n~ of Sees Signature of Applicant 1 Signature du demandeur Date Ei~$400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Si vous Hates pas le propridtaire du terrain en question, veuillez obtenir la signature du propridtaire dans la partie ci-dessous. La signature du propridtaire autorisani le traitement de la prdsente demande est requise pour que cette der=-I minie par le canseil communal. Date 0 181 a► • r u e 18 20 1 14 16 f2 67 ;74 ! !76 5 6 me s 27B 6 5 74'y 78 a 280 61 e S r 68 70 72 rue 6264 46 66 40 44 268 = S 28 00 I l 6 6 N 300 ~ 4 4 302 A OSS i7 rue 60 0 Cer cle Lo Q Ve lp. 289 A o n l i N 78 821" 0 9496 81 182 City of Saint INTERNAL INSERTION ORDER For City of Saint John use only: Reference: 47-51 and 69-69 Ross Street and 72-74 St. James Street Newspaper Insertion e (Check as applicable) ( = Saint o Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, May 12, 2009 Date(s): Date(s): Information for (Boldface anything want of in Ad, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal 19 Public Notice Sub-Headline (i a licale): Text: SE T ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/reffiere communale Contact, Kelly Tibbits Telephone: (506) 658-2856 183 !k.~r 0 5 p. y~~,,. NOTICE Al-'IS PUBLIC d'4,4 i w i i 4 l~ given that the Ct, -.1 Council of 7 ne City of SalnlJohrl intends loconsider an amendment to the Municipal Development Plan which would: 1 Redesrtmate on Schedule 2-A and 2-C of Iltc Plan, from ,iledium Densily Rerrdeniial to Approred Cammrreial Development. parcels of land with an area of approvtmalch I980 square mulre~ located at 47.51 and 61.69 Ross Slrucl and 72-74 St Janina Sheet, also identified as PID Nos. (OX11628, 1001610), 01111594, 0110111586 and (110118W as illustrated below. 2. Add the following to the Its( of Approved Commercial Developments in sub-section 2 4 6 28 "a1 parcels of land wilt an area of appiosrmatell 1880 square metres, located at 47.51 and 63.69 Ross Strcel and 7274 St. James Strecl, also identified as PID Nos 00001628. 001101610, 00001594.001)(11586 and 00001800 " A public presenlaucin of the ' Une prescnlaluin publiqu, proposed amendment will take r t 11 t , G1 " du projet de modificatwn place at a regular meeting of Common Council on h1ondi 'St m J j nve5 aura lieu lors de la reunton ordinairu du caused n. blin° 25, 2 in the Council . y~ 5 a ewg communal Ic lundl 25 Chamber. Lobby LeveL Cale G1 ir';1 coal 2 dans la salle du Ilan 1 " '1 m~ consul, an ruwau du hall i 116tel de idle d`cnlrcc 1 ` ra , REASON FOR CHANCE: y~ t 1~ ~e ~os5 St' r RAISON DR LA To permit a parking area w MODIFICATION: Permettreunealrede stalronnemenl Veuillez faire part an Conseil par eerit de vos obJecilons an piojel de modificauun all plus lard le 24 join 2009 a Pattentlon du soussigne, Pour toule j demande de rensetguements, veuillez communiquer aver le bureau du grdliiel communal ou le bureau de l'urbanisme et du devcloppement z I'likel de vdle au 15. Market Square, Saint john. N.-B., entre 8 h 30 el 16 le 30 du lundi an vendredl, sauf les lours finer Hizabeth Gormley, Common Clink ElteAbuth Gormley, Grdliere communalc ( 658 2862 184 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 47-51 AND 63-69 ROSS STREET AND 72-74 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Medians Densht Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, as illustrated below. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "x) parcels of land with an area of approximately 1880 square metres, located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, May 25, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a parking area. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 24, 2009. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 47-51 ET 63-69, RUE ROSS ET 72-74, RUE ST. JAMES Par les prescntes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a ('intention d6tudier la modification du plan d'am6nagement municipal comme suit : 1. la reclassification, a 1'annexe 2-A et 2-C du plan des parcelles de terrain dune superticie d'environ 1880 m6tres carr6s, situ6es au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone risidentielle de den site a►oJ,enne a zone d'aminagentent commercial approuvi, comme le montre la carte ci-dessous. 2. l'ajout des parcelles de terrain suivantes a la liste des amdnagements commerciaux approuv6s a I'alinda 2.4.6.28 : u x) des parcelles de terrain dune superficie d'environ 1880 m6tres carr6s, situ6es au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les NID 00001628, 00001610, 00001594,00001586 et 00001800.» [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 25 mai 2009 Bans ]a salle du conseil, au niveau du ball d'entr6e, a 11i6tel de ville. RAISON DE LA MODIFICATION : Permettre une afire de stationnement. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 24 juin 2009 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du ddveloppement a 1'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 b 30 et 16 b 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffi6re communale 658 2862 185 E4 ate. ; 1~i•~; IrR. A1, W ~ t _ r c , 1 yr I I 186 BY-LAW NUMBER C.P.105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A and 2-C, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 1880 square metres, located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "x) parcels of land with an area of approximately 1880 square metres, located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as P1D Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." - 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. 2009 and signed by: Mayor/Maire ARRETE N° C.P.105- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a 6dict6 cc qui suit : L'arret6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifr6 par : 1 la modification de I'annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone r6sidentielle de densit6 moyenne a zone d'am6nagement commercial approuv6; 2 Pajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28 : x) des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800.)> - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 187 a I kie City of Saint John May 11, 2009 Dear Mayor Court; Members of Saint John Common Council: There is no doubt that all employees of The City of Saint John are a great resource of knowledge and experience. Motion: That Common Council convene a committee of Councillors to compose a questionnaire to be distributed to all our employees asking for input in to how The City of Saint John can find efficiencies and contribute to our City's fiscal, financial, social, and environmental futures. Respectfully submitted, (source verified) Patty Higgins Councillor City of Saint John SAINT JOHN P.O. Box 1971 saint John, NB Canada E2L 4L1 I www.saintjohn.ca ( C.P. 1971 Saint John, N.-B. Canada E2L 4L1 188 The City of Saint john it 8 May 11, 2009 Dear Mayor Court, Members of Saint John Common Council: As we are all aware, these are trying economic times. Motion: That all elected members of the municipality of Saint John, have our remuneration reduced by 5%. This motion would allow this 5% reduction to be in place for the next two years. Respectfully submitted, (source verified) Patty Higgins Councillor - City of Saint John t SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 www saintgohn.ca j C.R 1971 Saint John, N.-B. Canada E2L 4L1 189 A~El The city of Saint John Mayer and Council May 20, 20109 Re: Industrial Water User Water Rates Your Worship and Council: Motion: Direct the City Manager to provide for Council's consideration recommended industrial user water rates. This recommendation will be based on consultation with industrial users. If for the reason the amount per unit of water cannot be determined, then an agreement on pricing principles and structures should be presented for Councils consideration. This agreement must have mutual agreement by the respective industrial users and the city. This report be presented for the Council Meeting of June 8, 2009 Rational It is evident that the outstanding issue of industrial water user rates will be an influence in securing federal and most likely provincial funding commitments for Saint John's Water Treatment projects. It should be therefore be ail immediate priority to complete this order of business. Stephen Chase Deputy Mayor ~w SAINT JOHN P .O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintJohn.ca I CA 1971 Saint John, N.-B. Canada E2L 4L1 190 "P 1 t •5. The City of Saint John May 25, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: An Affordable Housing Strategy for Saint John Context: Hundreds of U.S. cities and dozens of Canadian ones have developed and are busy implementing practical and pragmatic affordable housing plans. The City of Toronto recently released its proposed 10-year housing plan. Our City currently has some of the most innovative non-profit housing developers in the country. People like Kit Hickey, from Housing Alternatives and Nirander Singh, Saint John Non-Profit Housing are highly regarded within the housing culture in this country. What we do lack is an Affordable Housing Strategy. When examining the work of other cities such strategies provide a blueprint for municipal land use, zoning regulations, innovative housing models for vulnerable citizens, and proactive housing policies.. It should be noted that Mr. Russell Mawby, former Director of Housing for the cities of Ottawa and Saskatoon, a nationally recognized expert in the field of Affordable Housing is very interested in assisting our City with the development of our Strategy. Growth Oooortunitv: The Benefits Blueprint Housing Requirement Report (2007) has identified within its Business Case Section, that ensuring the provision of a wide variety of housing options is a key component in planning in advance of the economic growth coming to our region. Clearly stated in this document is the critical need for increased affordable housing for our city and the need to increase the capacity of our affordable housing infrastructure. Motion: That Common Council give approval for Councillor McGuire to begin discussions concerning funding options with Benefits Blueprint officials with the goal of developing an Affordable Housing Strategy for Saint John. Reporting back to Mayor and Council on this file will be mandatory. Res fully submitte Peter McGuire Councillor -City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 ~ wwuwsaintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4L1 191 The City of Saint John May 25, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Enterprise Saint John West Saint John Retail Development Forum May 28 2009 Context: Enterprise Saint John, primarily through the efforts of Mr. Jay Reid, Economic Development Officer, has put forth a significant amount of time and strategic effort to ensure the success of this very proactive event. It is critical that Mayor and Council strongly support the economic growth of our City and work in close association with our various economic development partners - with the goal of sustainable business growth for our City. With this economic development thinking in mind, my support towards this event has been directed towards two avenues: a) placing a telephone call to all of the retailers and developers coming to our City for this event, welcoming them and thanking them for their confidence in Saint John; and ba personally delivering an invitation to this event to the majority of businesses, both retail and commercial, within the West Saint John area. Motion: Receive and File this report. Respectfully submitted, Peter McGuire Councillor - City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 411 ( wwvwsaintjohn.ca d C.P 1971 Saint John, N.-B. Canada E2L 4L1 192 May 11, 2009 His Worship Mayor Ivan Court And Councillors Re: Efficiency of Council Meetings Your Worship and Councillors, At the April 27, 2009 meeting Council passed the following resolution: "RESOLVED that the Common Clerk be directed to explore methods for increasing the efficiency of Council meetings and report with recommendations at the next meeting." Background Henry M. Robert, one of the authors of Roberts Rules of Order is quoted at the beginning of the 10th edition as follows: "Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty." The present Council initially chose to meet weekly in order to process the great amount of work required. Council requested the Clerk to make recommendations to improve the efficiency of meetings and this was done in a report dated January 19, 2009 which is attached. Council then chose to have regular meetings every 2 weeks with a provision for either regular or COW meetings on the off-week beginning in February 2009. For the most part the agenda items for the meetings since February have been completed as scheduled, however the last couple of meetings the business was not completed requiring a continuation of the meeting the following week. Analysis The fundamental purpose of the Council meeting is to conduct the business of the City which is outlined in the agenda of the meeting. This is achieved through debate leading to decisions. Council has a procedural by-law to assist in conducting its meeting, debating, and reaching conclusions. The Clerk's role is to remind Council of the rules while the presiding officer conducts the meeting and ensures that the rules of procedure are followed. 193 Page 2 Start time - One obvious observation is that the later the regular meeting begins increases the probability of not completing the agenda that evening. In view of this the Clerk could ensure that items for Committee of the Whole that are expected to last more than '/2 hour be scheduled for an off Monday instead of trying to squeeze the time-consuming issues into a Committee meeting prior to the regular Council meeting on the same night. Consistency in the Application of Rules of Procedure - Suggestions made in the attached report of January 19, 2009 are still valid, however only if they are implemented with consistency. It should be noted that the Clerk advises Council on procedural issues, but does not implement and/or enforce the procedures. That task is the responsibility of the Mayor and Council. The Mayor presides over the Council meeting, and is subject to the same rules of procedures as the other Council members. Presentations -When scheduling delegations the Clerk's office notifies the presenters that the time limit is limited to 15 minutes exclusive of Council members' questions. While most presenters adhere to this limit, some are either given differing information on the limit or just ignore Council's rule (given through the Clerk's office). Delegations are presently not reminded of the time limit immediately before their delivery. The questions posed by Council members following a presentation often turn into comments which can use up debate time. Debate - Debate is defined by Funk & Wagnalls as: 1. "a discussion of any question; argument; dispute, 2. Deliberation, 3. A formal contest in argumentation conducted between persons taking opposite sides of a question..." During the meetings some Council members will often comment on an item only to agree with another member's comments, or to repeat what has already been stated. This is not consistent with debate and obviously consumes time. The Council meeting is for debate among its members with questions and arguments made to Council through the Mayor as presiding officer. Addressing questions in this manner does not mean that the Mayor needs to or is expected to respond. The Mayor conforms to the same rules as other members, that is speaking only twice on an issue, unless it is to rule on a point of order or similar duty as presiding officer. Reading from Prepared Text - Reading from prepared texts is not appropriate during Council meetings unless permission is granted by the members. Council members are required to submit their letters with motions stated in advance of the meeting to allow for all members to read the content. Only the motion itself is required to be moved and seconded, then proceed to the vote unless there is a Council member needs clarification or wants to express disagreement and/or add something relevant to the issue. (See attached clarification report dated August 14, 2006). Public - It was noted in the background information above that the primary purpose of Council meetings is for Council to conduct the business of the City through debate concluding with decisions. An important part of this deliberation is that it be open to the public, but not at the expense of productive meetings. Questions and comments made by members targeted directly to the media, the public or for political purposes are not appropriate during debate. 194 Page 3 Committee System of Governance - Council has given information on the Standing Committee System. Given the research completed by staff, it is believed that this form of governance greatly improves the efficiency and effectiveness of Council meetings and governance as a whole. The Standing Committees comprised of Council members perform preliminary work outside of Council meetings enabling Council to place more focus on policy issues. Procedural By-law - Council's procedural by-law came into effect in January, 2006. There may be areas within the by-law that Council may wish to amend, add, and/or delete after having had a few years experience working with the by-law. The procedural by-law introduced the consent agenda which allows several items to be approved at once contributing to the efficiency of Council meetings. Commenting on some of the consent agenda items has been a practice which is sometimes used as a means to address the public and/or media. This is not consistent with the intent of the consent agenda. Members' comments is an item on the agenda to allow Council members an opportunity to make brief comments directly to the public, then proceed to conduct the City's business. Popular Misconceptions There are a number of popular misconceptions that would appear to have crept into the culture of " Common Council Meetings", specifically: The meeting is an opportunity to speak directly to the public. The reality is that despite the fact that cameras are present, the meeting's purpose is to provide the opportunity for Councillors to speak to one another. The meeting happens in order for Council to engage in debate with staff or have their questions answered. The reality is that staff reports should contain all of the relevant issues on a topic. While some clarification may be required on occasion, the meeting does not provide an appropriate opportunity for Councillors to have significant questions answered. Homework must be done first and staff contacted so that Councillors arrive at the Council table fully versed on the issues. Every Councillor needs to/should speak to an issue to use up his/her 3 minute entitlement. Somehow some have fallen into this trap. The reality is this was never expected to be the result. If an individual Councilor does not thank the presenter, then somehow they are being rude. The reality is that the Mayor of the City is the spokesperson, and if he or she says "on behalf of all members of Common Council...." that should suffice. If consistently followed, then soon presenters and the public will accept that this is the way the system works. Because the procedural by-law states that the meeting is to end at 10:00 pm, then the meeting should not finish beforehand. Business meetings should be conducted as effectively and efficiently as possible despite the end time. 195 Page 4 Conclusion There are many areas where the Council meeting time could be more productively used which is described in this report, the August 14, 2006 report and in the January 19, 2009, both attached. The potential changes to the present practice considered individually may appear too insignificant to matter, but a few minutes used inappropriately multiplied by a number of Council Page 4 members then multiplied by several occurrences could add up to the amount of time required to complete the meeting on time. Recommendations 1. The Clerk schedule items with anticipated long duration for an `off Monday' 2. The Clerk schedule the procedural by-law for Council review for areas of efficiency opportunities 3. The Clerk schedule the committee system form of governance for Council review 4. Delegations and Council members are reminded of time limits and "questions-not comments", at the beginning of every presentation 5. The Clerk monitor individual members' debating times and advise the Mayor accordingly 6. A clock be placed at the podium for the benefit of presenters 7. Council members respect the Chair as leader of the meeting 8. Council members move their motions without reading text, and offer explanation only if requested 9. At the beginning of each Council meeting, the presiding officer remind Council of the time limitations for speaking on agenda items and the rules around debate 10. The presiding officer thank presenters on behalf of Council 11. The presiding officer follow the same procedural rules as other members 12. The procedural rules enforced by the Mayor and by other Council members if necessary Sincerely, Elizabeth Gormley Common Clerk Attachment 196 I'm City of Saint John January 19, 2009 His Worship Mayor Ivan Court And Councillors Subject: Frequency of Council Meetings Your Worship and Councillors, I have been asked by Council to provide some information and a recommendation on the frequency of Council meetings, and the following addresses the issue. Background Analysis 308 197 Recognize and respect the Chair as controller of the meeting Recognize the Chair as the official spokesperson for Council - for example the Mayor's thank you to presenters could be on behalf of Council In reviewing the Council packet, get clarifications by contacting staff prior to the meeting Restrict Council members' conversation with presenters to questions only - Restrict repetition of other Council members' remarks Strict adherence to the 3 minute rule Recognize that it is not a requirement to speak on every agenda item, especially if the Council member Intends to vote in favor Prohibit debate until all relevant information on an issue received - Require a summary of questions and summary presentation of Council members' letters Financial and other Implications Each Council meeting has interpretation, translation and meal costs of approximately $2,500. The Clerk's office is responsible for ensuring the proper environment and materials for Council to make decisions. Weekly meetings does not allow for appropriate and adequate preparation and review of documentation necessary to ensure accuracy of records which is the foundation upon which the Clerk's office functions. Conclusion Given that the budget process requires separate and exceptional deliberation, and that the individual Council members have some control in shaping the flow of the Council meetings, I believe that the business of Council can be achieved within a reasonable time limit as described in Council's procedural by-law with a bi-weekly schedule. Recommendation That Council approve the submitted revised 2009 Council meeting schedule reflecting regular Council meetings every 2 weeks to include public hearings and other agenda items, and with the provision for a Council and/or committee of the whole meeting as required on the "off Monday". Sincerel Elizabeth Gormley Common Clerk Attachment 309 198 Common Clerk's Office Bureau du greffier communal Nvwxv.saintjohn.ca P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada B2L 4L1 August 14, 2006 Information to Council Your Worship and Councillors, Procedure during Debate The following is meant to clarify for Council, the rules of order around the issue of permissible items for debate and reading during debate. As presiding officer, the Mayor is responsible to ensure that the meeting flows smoothly while allowing each Council member the opportunity to express his or her thoughts on the issues presented to the Council. It is reasonable that Council members would prepare notes on issues put before them, and would be expected to refer to those notes during debate. Speaking o topic Debate on issue must pertain to the motion on the floor and speaking notes must be restricted to the issue. Section 12.3 of Council's procedural by-law states the following: "When a member wishes to speak at a Council meeting he shall be recognized by the presiding officer before doing so. No member will speak on any subject other than the subject in debate." Reading during debate Council's procedural by-law is silent on the issue of reading during debate and therefore Robert's Rules of Order 10'h edition applies. The following is an extract from Robert's (pg. 286). "d. REQUEST TO READ PAPERS. If any member objects, a member has no right to read from - or to have the secretary read from - any paper or book as a part of his speech without permission of the assembly. This rule is a protection against the use of reading as 199 a means of prolonging debate and delaying business. It is customary, however, to permit members to read short, pertinent, printed extracts in debate so long as they do not abuse the privilege. If a member wishes to do so, he can, while speaking in debate, say, "If there is no objection, I would like to read [indicating the nature and length of the paper]." The member can then begin to read unless another member objects.* In such a case, at any time until the speaker has finished reading, another member can interrupt him by an objection, which must be addressed to the chair. Or, if the speaker desiring to read prefers, he can formally request permission: "Mr. President, I ask permission to read a statement [briefly describing it, as above]"; and the chair [page 287] then asks if there is objection. In either case, if there is an objection, the chair can, of his own accord, put the question on granting permission, or any member can move "that permission to read a paper in debate be granted." This motion requires no second unless moved by the member who made the request. Action of the assembly granting a request to read a paper can be reconsidered at any time until the reading has been concluded." Bourinot's Rules of Order, the rules which applied to the last Council refers to the issue of reading during debate as follows (pg 24). "A member speaking for or against the motion must not read from a prepared text, but may refer to notes." Respectfully submitted, Elizabeth Gormley Assistant Common Clerk 200 REPORT TO COMMON COUNC'IL Your Worship and Members of Council: SUBJECT: ACCESSIBILITY FOR CITIZENS WITH DISABILITIES BACKGROUND: On December 28, 2008, Common Council adopted the following resolution: "Resolved that the submitted letter from Karen Kincade, dated October 21, 2008, be formally referred to the Ability Advisory Board for a full and comprehensive report on all of the various topics; and further, that upon request, City staff provide the necessary support to the Advisory Committee; and finally, that the City Manager include in the proposed 2009 Operating Budget, to be considered by Council in January an increase in the allocation of funds to the Ability Advisory Committee in order to allow the Committee to properly carry out this task." Attached to this report is a letter from Council's Ability Advisory Board in which the Board. addresses each of Ms. Kincade's questions. The second part of the resolution deals with the Operating Budget of the Board. The initial submission to Common Council did contain a significant increase in the budget as directed. Unfortunately, financial realities dictated that Council was unable to approve many of the initial submissions from the Board as well as from many other groups. Clearly, the letter from the Ability Advisory Board brings to the attention of the City, those areas in which we can improve, and must improve. Having said this, there will be a direct cost to the taxpayers. Staff would suggest that Council should bear first hand from their Ability Advisory Committee. This is a huge issue and one upon which Council should hear directly from those most affected. RECOMMENDATION: The Common Council direct the Common Clerk to contact the Ability Advisory Committee and schedule an Open Committee meeting with this Committee so as to allow for a free flow of information. 201 21 Page Subject: Respect ' y submitted, Terrence L. Totten, FCA CITY MANAGER Respectfully submitted, 202 Saint John ABILITY Y~-DVISORY COMMITTEE IPA P)71,,S"~dn April 28, 2009 Mr. Terry Totten City Manager City of Saint John Dear Mr. Totten; This letter is an official response from the Saint John Ability Advisory Committee (SJAAC), as a result of your request for advice from the Committee through Barry Freeze in regards to matters of accessibility for citizens with disabilities which were brought to the attention of Common Council in letters from Mrs. Karen Kincade and Councilor Joe Mott. On February 3, 2009 our executive committee met and we would like to advise you and Common Council on the Committee's official opinion/response to the specific questions raised by Mrs. Kincade. 1. Do you believe that our community is representing this population fairly? Through partnerships with the SJAAC and City Staff/Departments, a number of accessibility enhancements have been made in recent years. Some of these include accessible sidewalk standards, inclusive play parrs, audible crossing signals at intersections, elevators and tactile numbers on a number of facilities, as well as the Disability Awareness ''Week town halls. These are huge accomplishments which deserve compliment. However, these are just scratching. the surface and significantly more work is required. Due to the age of our City and high demographics of those with disabilities, the short answer would be "no 2. Does the City's workforce closely reflect the current diversity of the population in the community, including citizens with disabilities? As this is a Duman Resources issue and our committee has no knowledge of the workforce composition data, we cannot make a determination at this time. We could be instrumental in providing or indicating diversity programs, equity policies and procedures. To have those policies in place makes good business sense. The SJAAC has given sensitivity training to City Staff in the past and would be happy to do it again. Furthermore, we wish to advise you of a new provincial program, 203 NB Employer Support Services, which offers free advice around hiring and accommodating workers with disabilities. Should you wish to take advantage of this service, please contact:. Kathy Bruens 1-888-350-2202 kbruens@employersupport.ca www. employersupport.nb. ca 3. How shall you ensnare that all buildings/businesses take the steps necessary to upgrade an existing/new facility and how shall you promote this accessibility awareness? Canadian & New Brunswick building codes are very out of date. New Brunswick is working on enhancing the building code and the upgrading of building codes within the city are currently in the 3rd reading. The city may wish to take steps to add these updates to their policies. Other potential recommendations could include developing an accessibility policy so that any future city buildings or meeting places involving the public will be totally accessible with all of the accommodations in place, Disability Awareness Week (DAW) Town Hall meetings, letters to businesses addressing concerns of citizens, educational campaigns, accountability and enforcement of existing codes, as well as having disability issues assessed with all matters that are brought before Council. 4. Does this City believe that there is a legal responsibility to offer programs and services to people with disabilities? What steps is the City taking to act upon the "Duty to Accommodate"? Under the Canadian Charter of Rights and Freedoms there is a legal responsibility to accommodate; however, we do not have the information required to make a detailed determination. It would be our recommendation to consult legal counsel. However, this shouldn't come to this level of debate, as accommodation is the right thing to do for an effective and inclusive community. 5. Where are all the recreational opportunities for youth with disabilities in this City?" City operated community centers are accessible to an extent but not totally. There are opportunities for people with disabilities in programming that is not run by city, but by the community. City Staff are prepared to support and train community recreation organizers in making the activities more accessible. Saint John has three accessible play parks, which is the most in Atlantic Canada. There are currently 2 sledges and 4 more ordered for casual skating and sledge hockey (partnering with minor hockey) to provide sledge hockey opportunities. FRO Kids also offers inclusive opportunities. Municipalities provide the hard resources (facilities) for organizations to offer programming and are available to provide inclusive training and support to community based organizations who 204 offer most programming for youth. Most opportunities are not operated by the city, but by community based organizations. 6. What is the status of accessible housing within our community? Due to overwhelming feedback at last year's DAW Town Hall, the SJAAC reestablished its accessible housing task force. The Task Force includes representatives from the community, housing, long terra care, and the Regional Hospital. The committee has demonstrated the need for more units and for those with supported living options. We have also looked at a number of models. Our recommendation is that the City establish regulations for the numbers of barrier free units, as part of its affordable housing initiatives. The Committee is at a standstill and would like to request direct support from City Staff in the next phases of its work, which includes a public session to gather interest and the development of a full proposal for development of our proposed projects. Volunteers on the Committee are unable to move the projects forward without increased administrative and project management support. We would be more than happy to discuss any of the aforementioned issues with you or directly with Mrs. Kincade. We will wait for further direction from Council. As you are aware, the SJAAC is an Official Standing Committee of Saint John Common Council responsible for advice and recommendations regarding disability issues. Prior to receiving this request, we were planning on requesting an in-person meeting with. Council for a variety of reasons; therefore, we would like to make this official request at this time. Topics to be included would be an overview of the SJAAC and its role and accomplishments for Council and Senior Staff, need for enhanced disability sensitivity training for Council members and Staff, the possibility of having a designated person/office in City Hall responsible for inclusion programs, employment equity, annual report cards, advice to councilors, town hall meetings, etc., as well as the need for a community wide accessibility/inclusion strategic plan. Due to changing demographics with the aging population, industry trends in accessibility and limited inclusion of these vital issues in our community's Growth Strategy, Benefits Blueprint, and Vision 2010 activities, we feel strongly that you should place these issues on your priority list, in order for our Community to be the place that we all want it to be. Should you have any questions or concerns, please do not hesitate to contact me directly at 696 - 51.50 or iwsuarks(inbnet.nb.ca. Warm Regards, Jeff Sparks, BBA, MIR, CHRP Past President 205 I V ~ u i ii mm IIIIIII III F OPEN SESSION M&C2009-122 April 27, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT 85 Hayes Avenue (PID No. 408666) - Zoning By-Law Violation BACKGROUND City of Safta Jahn Buildings and Inspection Services has been dealing with Mr. Wayne A. McGaughey with regards to a violation of the Zoning By-Law since May 2000. Mr. McGaughey and Ms. Edna L. Baribault are the registered owners of a property bearing PID No. 408666, known as civic address 85 Hayes Avenue. The property is zoned "RS-2 One and Two Family Suburban Residential." Mr. McGaughey applied to have said property rezoned to "B-2 General Business" in order to permit an existing automobile repair garage and car sales lot. In June 2007, Common Council denied his application. The owner has been notified by staff a number of times since mid-2008 regarding his use of the property for an automobile repair garage. He has acknowledged that his business should be relocated elsewhere and has consistently indicated to staff that he was trying to obtain a properly zoned location. He has also clearly indicated that he had to maintain his present location so as to earn a living. In spite of Common Council's denial, Mr. McGaughey continued to use the property as an automobile repair garage. Notices and an Order from the Building Inspector requiring that the aforesaid use cease have been ignored. Staff recommends proceeding to the Court of Queen's Bench for an Order that would require the owner of the property to comply with the Zoning By-Law and cease the commercial use of the property. In order to pursue by-law violations which require an application to the Court of Queen's Bench, it is necessary for Common Council to adopt a resolution 206 M & C 2009 - 122 -2- April 27, 2009 designating the Building Inspector or the Deputy Building Inspector to initiate and proceed with the application. RECOMMENDATION Your City Manager recommends that the following resolution be adopted: "RESOVED that whereas the records of the Saint John County Registry Office show Edna L. Baribault and Wayne A. McGaughey to be the registered owners of the parcel of land located on the eastern side of Hayes Avenue, Saint John, NB at civic address 85 Hayes Avenue and designated as PID No. 408666, And whereas the said Property is zoned "RS-2", "One and Two Family Suburban Residential" under the Saint John Zoning By-Law, And whereas, contrary to and in violation of section 120 of the By-Law, and contrary to notices and an Order from the City of Saint John, the owners have continued to operate the vehicle repair business. BE IT RESOLVED that the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of the City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Wayne A. McGaughey and Edna L. Baribault to cease using or permitting the use of the property at 85 Hayes Avenue, Saint John, NB bearing PID No. 408666 for a vehicle repair business or other business. Respectfidly submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 207 I Canada Province of New Brunswick County of Saint John In The Matter of the Community Planning Act, R.S.N.B. 1973, c. C-12, and amendments thereto; and In The Matter of The Zoning By-Law, By-Law Number C.P. 110, and amendments thereto; and In The Matter of the Property located at 85 Hayes Avenue, Saint John, N.B. (Parcel Identifier Number: 408666) ORDER To: Edna L. Baribault and Wayne A. McGaughey 85 Hayes Avenue Saint John, New Brunswick E2M M Royal Bank of Canada Westwind Place Branch 800 Fairville Blvd. Saint John, New Brunswick E2M 5T4 WHEREAS, the Certificate regarding Title of Lynda Farrell marked as Schedule "A" was issued on August 5, 2008. It certifies that Edna L. Baribault and Wayne A. McGaughey are the registered owners in fee simple of the parcel of land (herein called "the McGaughey's Property") described therein and identified as Parcel 408666. It also shows the Royal Bank of Canada as a Mortgagee [Instrument Number: 114255851. The said parcel of land is located at 85 Hayes Avenue, Saint John, New Brunswick. The McGaughey's Property is shown on the portion of the Service New Brunswick map marked as Schedule "B". The Parcel Information Report attached as Schedule "C", and, the Property Assessment Information attached as Schedule "D" also show Edna L. Baribault and Wayne A. McGaughey to be the owners of the McGaughey's Property. An aerial view of the McGaughey's property is attached as Schedule "E". 208 WHEREAS, the McGaughey's Property is zoned as a "RS-2", "One and Two Family Suburban Residential", under the Zoning By-Law, supra [hereinafter referred to as the "By-Law"] as shown on the attached Schedule "E.1" zoning map. Section 120 of the By- law sets out the uses that are permitted in a RS-2 zone and prohibits all other uses. A copy of section 120 is attached as Schedule "F". WHEREAS, Wayne A. McGaughey applied to The City of Saint John to have, the McGaughey's Property rezoned from an "RS-2" zone to a "General Business (B-2)" zone in order to permit an existing automobile repair garage and car sales lot on the said property. A copy of the application dated March 31, 2007, is attached as Schedule "G". The Planning Advisory Committee of the City of Saint John at a meeting held on May 15, 2007, recommended that the application be denied. The report and relevant minutes of the meeting of the Planning Advisory Committee are attached as Schedule "H" and Schedule "I", respectively. The Common Council of the City of Saint John at a meeting held on May 22, 2007, recommended that staff meet with the citizens and Mr. McGaughey in order to come up with a solution to the re-zoning and to report back to Common Council. The relevant minutes of the Common Council meeting are attached as Schedule "J". The Common Council of the City of Saint John at a meeting held on June 18, 2007, recommended that the application be denied. The relevant minutes of the Common Council meeting are attached as Schedule "K". WHEREAS, contrary to and in violation of section 120 of the By-Law, and, contrary to warning notices from the City of Saint John (see Schedule "L"), you have continued to operate a vehicle repair business in a residential area onto the McGaughey Property and have been operating such a vehicle repair business since 2000. Attached hereto and marked as Schedule "M", are photographs which were taken at the McGaughey Property on April 17, 2001. Changing the use of a property without a permit obtained from the Saint John Building Inspector is a violation of paragraph 910(2)(a) of the By-Law (see Schedule "N"). Furthermore, changing the use of a property, which is a "development", 209 t without obtaining the approval of the Development Officer, is a violation of paragraph 81(1) of the Community Planning Act, supra, (see Schedule "O") WHEREAS, I have been authorized pursuant to subsection 93(1) of the Community Planning Act, supra, by the Common Council of the City of Saint John to issue orders with respect to violations of the By-Law. A copy of the relevant resolution dated November 10, 1997 is attached hereto as Schedule "P". EDNA L. BARIBAULT AND WAYNE A. McGAUGHEY ARE HEREBY ORDERED to cease using, or to prevent the use of, the McGaughey Property for a vehicle repair business or other business and to refrain from and prevent such use in the future. TAKE NOTICE THAT in the event that Edna L. Baribault or Wayne A. McGaughey does not comply with this Order, The City of Saint John, pursuant to the Community Planning Act, supra, may: (a) Seek an Order from a Judge of the Court of Queen's Bench of New Brunswick which would require Edna L. Baribault or Wayne A. McGaughey to restrain from the continuance or repetition of the contravention, failure or obstruction of operating a vehicle repair business or other business on the McGaughey Property pursuant to paragraph 94(2)(a) of the Community Planning Act, supra, and to pay for the City's costs, disbursements and applicable taxes; or (b) Commence proceedings in the Provincial Court of New Brunswick to seek fines for each day that Edna L. Baribault and Wayne A. McGaughey are in violation of this Order. Failure to comply with an order such as this Order is a Category "E" offence, and the fines for a Category "E" offence can range 210 from $240.00 to $2,620.00 pursuant subsection 56(5) of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; or (c) do both (a) and (b). DATED at the City of Saint John, New Brunswick, on thisP day of November, 2008. William Edwards, # -.En-g. Building Inspector The City of Saint John City Hall - 10`F' Floor 15 Market Square Saint John, N.B. E2L 4L1 Tel.: (506) 658 - 2911 Fax.: (506) 632 - 6199 bill.edwardsa,sainti ohn. ca 211 SCREDUE Lt 9[ " IN THE MATTER OF A PROPERTY SITUATE IN THE CITY OF SAINT JOHN, NEW BRUNSWICK, IDENTIFIED BY SERVICE NEW BRUNSWICK PROPERTY IDENTIFIER (PID) 408666 AND DESIGNATED 85 HAYES AVENUE BY MUNICIPAL AUTHORITIES CERTIFICATE REGARDING TITLE I, LYNDA D. FARRELL, of the City of Saint John, in the County of Saint John and Province of New Brunswick, Barrister and Solicitor, do hereby certify that: 1. I am a solicitor employed by The City of Saint John in the City Solicitor's Office. 2. I am a member in good standing of the Law Society of New Brunswick and the Saint John Law Society. 3. Attached hereto as Schedule "B" is a photo-reduced extract from the records of the Saint John County Registry Office. The extract is the transcription of a Deed whereby Doris M. Whitenect purports to convey in fee simple to Wayne A. McGaughey and Edna L. Baribault as joint tenants the parcel of land described in the said Deed (hereinafter the "Property"). The Deed dated December 17, 1998 was registered in the said Registry Office on December 29, 1998 in Book 2017 at Page 497 as Number 427359. 4. I have searched or caused to be searched the grantor indices in the said Registry Office (Service New Brunswick) from January 1, 1998 to August 5, 2008 and have determined that the following encumbrance is currently outstanding on the records of the said Registry Office: a) A Mortgage held by the Royal Bank of Canada dated September 7, 2000 and registered in the said Registry Office on October 5, 2000 in Book 2147 at Page 343 as No.11425585. 212 -2- Certificate Regarding Title 85 Hayes Avenue, Saint John, NB 5. There are no Real Property Taxes are outstanding against this property. 6. Title to the Property has not been registered under the Land Titles Act. DATED at Saint John, New Brunswick on August 5, 2008. ' Lynda(D.4arrell 213 4"-qz:fg FORA9 A 13 DEE1) Standard Forms of Conveyanres Act, S.N.B. 1980. C. 5-12.2. s.2 The parties to this deed are: DORIS M. WHITENECT, of the City of Snint 301111. in the County of Saint John and Province of New Brunswick, Retired, the "grantor" 0 - and - WAYNE A. McGAUGHEY, of the City of Saint .1uhti. in the County of Saint John and Province of New Brunswick, Mechanic, and E.DNA L. 1i,1 UBAi3LT, of the same place, Bookkeeper. the "grantee" i • The Marital Property Affidavit attached hereto ns Schcdulc "D" form part of this deed, The grantor conveys in fee simple to the grarnce its ,mint 'tenants the parcel described in Schedule "A" attached hereto. DATED on Decemberr7 , 1998. SIGNED, SEALED AND DELIVERED in the presence of I 1 ~ ~ Ci DOit1S M. WHITENECT 1 I ,0 49'7 214 Schedule 'At "ALL that certain lot piece.or. parcel. of land and pr$misa.- cnnvcyyed to the Grantor by George 14. llaye3 et ux by deed bearing dato the 15th.:da7 of August, 1952 and duly recorded in the office of the Registrar of Deeds in and for the County of Saint John in Book 527 of records at pa^e'73•q-by.~I3o_,Number 201630 on the 5th day' of May, 1965 and therein deip.6ftbed as follows:- IIALL that certain lot, :piece' and parcel of land situate. lyinm and being at South 134y in the Parish of Lancaster in•t~a County of the City and County of Saint John and Province of New Brunswick, the said lot hereby conveyed being designated by the number Fifteen (15) on the plays of-George M. Hayes property at South Hay, prepared by (filbert 0, Murdoch, Crornn• Land Surveyor, on t 9e 9th . .day of December A.D. 1947 and revised. December 11th 1948 and filed. in. the offices of the Registrar of Deeds in and for the City and County of Saint John, File 21; Numb or 66. 498 215 , W SCHEDULE"D" RECITALS WHEREAS by Deed dated June 24,1975. Chcslev L, Wheaton and Sandra (Baird) Wheaton conveyed lands herein described to Edward W. Whitenect and Doris M. Whitenect, as Joint Tenants, registered at the Suint John COLIaty Registry OfEce in Book 758 at Page 598 as #255866; WHEREAS Edward W. Whitened died on or ahuui July 4, J987, having not severed his Joint Tenancy. 0 i • 499 216 0 • • PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN SCHEDi11F. °n" I, DORIS M. WWWNECT, of the City of Saint John, County of Saint John and Province of New Brunswick, DO HEREBY SOLEMNLY DECLARE: 1. THAT I was married to Edward W. Whitenect, and we held the property attached hereto as Schedule "A" as Joint Tenants: 2. THAT Edward W. Whitenect died on or about June 4", 1987, without having first severed the joint tenancy: 3. THAT I make this Solemn Declaration conscientiously believing it to be true and of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. SO'LEMNL'Y DECLARED at the City of Saint John in the County of Saint John and Province of New Brunswick, this _J2 day of December, 1998, BEFORE ME: A C ssioner of Oat Being a Solicitor ) ) r ••JJ////JJf } DORIS M. WMENECT } ) } Soo 217 SCHMILE "D" IN THE MATTER OF THE MARITAL PROPERTY ACT, S.N.B., 1980, C. M-1.1 as amended, - and - IN THE MATTER OF AN INDENTURE OF DEED. DATED THE 7? DAY OF DECEMBER, 1998, BETWEEN DORIS M. WHITENECT, AS GRANTOR, AND WAYNE A. McGAUGHEY AND EDNA L. BARIBAULT, AS GRANTEE. AFFIDAVIT • 1, DORIS M. WITENECT, o f the City o F Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH A11D SAY THAT; I. I am the Grantor named in the within Indenture of Deed, of lands and premises (hereinafter called the "Property") situate, lying and being at 85 Hayes Ave, Saint John, NB, and I have personal knowledge of the matters herein deposed to. 2. The word "Spouse" as hereinafter used means a spouse as defined in Section 1 of the Marital Property Act, Statutes of New Brunswick. 1980, Chapter M-I.l (hereinafter called the "Act"). I am not a spouse at the time of making and executing the within Indenture. 4. I have no former spouse with the right to any interest in or possession of the Property under the Act or a domestic contract. I am of the full age of nineteen years and upwards. b. 1 am not a non-resident of Canada within the meaning of the Income Tax Act, Revised Statutes of Canada, 1970, Chapter 1-5, nor a "collector" within the meaning of the ReyenueA$ministratinn Act of the Province of New QYLLnSWick. • SWORN TO at the City of Saint John in the ) County of Saint John and Province of New ) Brunswick, thisl7ay of } December, A.D. 1998. } ] BEFORE ME: ) } A Oaths ) Being a Solicitor ) 0 541 16,E DORIS M. WHITENECT 218 . PROVINCE OP NEW BRUNSWICK COUNTY OF SAINT JOHN 1, Trevor A Stagg, a Notary Public by Royad Authority duly commissioned, appointed and sworn in and for the Province of New Brunswick, residing and practising in the City of Saint John, in the said Province, DO HEREBY CERTIFY THAT on thisi7day of December, A.D. 1998, BEFORE ME, the said Notary Public, at the City of Saint John aforesaid, personally came and appeared DORIS M. WH I"rENECf, the grantor mentioned and described in the within written Indenture, who acknowledged that she did duly sign, seal, execute and deliver the same as and for her respective free act and deed and to and for the . uses and purposes therein expressed, mentioned and contained, IN FAITH AND'n s-rimONY WHEREOF, T the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John, aforesai ' o - the day and year lastly herein written, o ~1 NOTARYP LIC •~0 NEW BRUNSWICK I OL2F ]FY that ttxy %%Ithl% 13 duly entered and "Istsrc the RoglstryOffice forth County of Scirt J fin, fr3Wl;(:nsvhck nt f . 6 01 tho,-9~040ayo11&4 Vru,,tD.t99-'/ ~~~,c(! as Number In Book Number a Num!)& 4?73 10 502 219 rL111VDt 111LernelrsrOW5er-version l.u Tools Overview + Center 4 Zoom in Zoom out Zoom box a ` Point Select Box Select Center Selection Clear Selection Refresh Map ICA Li Locator Map Map Layers n Cadastra! LJ Topographic Legend Options Selection Summary 44 Map Zoom 2 Factor Page 1 of 1 PaweedBtr CARIB 8,310 sion {f ~r This map is a graphical representation of property boundaries which approximates the size, configuration boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or Lat.: Long.: Scale: ' 9449 X: Y: PAN 1719652 Owner Baribault, Edna L Loca PAN 1719652 Owner McGaughey, Wayne A Loca 1 Property found PxD 00408666 SCHEDW-49 OP https://www.planet.snb.ca/PLANETbrowser/html/secure/map/load,do 7/16/2008 Horne Search Menu Help Problem Report Parcel Information : Page 1 of 3 S E SCUD= ~ 99 RV I C E 3.. 3 a Nouv a B rus k Parcel Information PID: 04D86& Status: Active Land Related Land Description: Area: 2090 Date Last Updated: 2007-10-26 10:16:50 Land Titles Status: Not Land Titles Date of Last CRO: Land Gazette No Information: Co, Saint John Active Date/Time: Management Unit: NB1101 Area Unit: Square Metres Harmonization Harmonized Status: Land Titles Date/Time: Manner of Tenure: Joint Tenants Description of Tenure: Public Comments: MAP / CARTE 06N55NW j parcel Interest Holders Name Qualifier Interest Type Baribault, Edna L Owner McGaughey, Wayne A Owner Assessment Reference PAN PAN Type Taxing Authority Code Taxing Authority 01719652 550 City of/Cite de Saint - - John Parcel Locations Civic Number Street Name Street Type Street Direction Place Name 221 https:dwww.planet.snb.ca/PLANETDB/par0001$parcel.queryview?P_PID=408666&Z C.- 7/16/2008 rarcei iniormauon : Page 2 of 3 85 Hayes Avenue Saint John County Parish County Parish Saint John City of/Viiie de Saint John Documents Number Registration Book Page Code Description Date 11727717 2001-02-02 2167 95 5400 Judgment 11679330 2001-01-16 2164 131 6110 Discharge of Mortgage 11425585 2000-10-05 2147 343 5100 Mortgage 427361 1998-12-29 2017 514 107 Discharge 427360 1998-12-29 2017 503 104 Mortgage 427359 1998-12-29 2017 497 101 Deed 426529 1998-11-13 2009 374 111 Judgment 341603 1987-01-01 1247 632 107 Discharge 255867 1975-01-01 758 601 104 Mortgage 255866 1975-01-01 758 598 101 Deed 255787 1975-01-01 758 214 107 Discharge 255712 1975-01-01 757 892 107 Discharge Plans Number Suffix Registration Code Description Lot Orientation Date Information F21 1950-05-10 905 0 Subdivision & Lot 15 Magnetic Amaigamations Parcel Relations No Records returned Non-Re gistered Instruments No Records returned 222 https;//www.planet.snb.ca/PLANETDB/par0OOI$parcel.gueryview?P PID=408666k.7 r 7~titi~~nn4 Assessment Data : Page 1 of 1 q; S ERV ICE SCHEDULE IN T) LZW y yri No uv New B r7nsVYck PAN .Information PAN: 1719652 Status: Open Assessed Owner(s): MC4AUGHEY,WAYNE A & Mailing Address: 85 HAYES AVE SAINT EDNA L BARIBAULT JOHN NB Assessment Year: 2008 Postal Code: E211 5K2 Current $98,400 Current Levy: $2,034.62 Assessment: Location: 85 HAYES AVE County: St. John Property RESIDENCE/GARAGE & Tax Class: Fully Taxable Description: LOT Property Type 120 Property Type Code: Name: Taxing Authority 550 Neighborhood Code: Code: Taxing Authority City of/Cit6 de Saint John Neighborhood Description: Description: Sequence Number: B078 Sub Unit: Harmonization: COMPLETED (One to one Farm Land match of parcels } Identification Program: PID: 00408666 PID (2nd): More PID(s): No Residential Improved 01 r. LORN' LE"&"GA U LT(PTYS > - 34/92,>-45/93,-46/96 0 No 223 https://www.planet.snb.ca/PLANETDB/Pats001$pan.queryview?P PAN=01719652&hrn 7It hi~nnR Back • Home • Hel • Problem RepQrt 224 SCMDUU a.,.,. " SCHEDULE u,m,r, ,,klo RF 70 PS-2 <°p t RS-2 225 _ R .B-1' I a ~ 12A4,1 SCUEDULE a 120 ONE AND TWO FAMILY SUBURBAN RESIDENTIAL (RS-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: - a one-family dwelling; - a two-family dwelling; - subject to Section 810(1), a group home; - a park or playground; - as a secondary use to a residence, a kindergarten, nursery, or day care centre for not more than six children; - subject to Section 810(3), a home occupation; - an agricultural use, but not including the keeping of animals. (b) the following uses subject to such terms and conditions as may be imposed by the Committee: subject to Section 810(2), a convenience store with or without ancillary take-out restaurant and dwelling unit; as a secondary use to a convenience store, gasoline sales; as a secondary use to a residence, a kindergarten, nursery, or day care centre for more than six children; - subject to the Mobile Home Parks Sy-law, a mobile home park; an office for a doctor or dentist; subject to Section 810(11)(b), the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone; (c) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Zone Standards (a) Minimum lot area (i) Unserviced } 22 226 120 RS-2 ZONE (2) (a) (i) one family .........................................................4,000 square metres two-family .........................................................5,400 square metres other ............................................................4,000 square metres (ii) Municipal Water and Sewer one-family ............................................................690 square metres two-family ............................................................930 square metres other ...............................................................930 square metres (b) Minimum lot width (i) Unserviced one-family .........54 metres two-family .........60 metres other .........54 metres (ii) Municipal Water and Sewer one-family .........22 metres ( two-family .........30 metres other .........30 metres (c) Minimum lot depth for unserviced lots .........38 metres (d) Minimum front yard ........7.5 metres (e) Minimum side yard the lesser of: - 15 per cent of lot width, or - 4.5 metres (f) Minimum rear yard ........7.5 metres (g) Minimum ground floor area (i) for a semi-detached dwelling - single storey .......119 square metres - split-level ........................................................95 square metres - 1'/z, 2 or 3 storey .............................................83 square metres (Ii) for a dwelling, other than a semi-detached - single storey ...................................................89 square metres - split-level ........................................................71 square metres - 1'/z, 2 or 3 storey..,. _ 62 square metres 227 23 120 RS-2 ZONE t (2) (h) Maximum height.. 9 metres the maximum height may be increased to 11 metres, if minimum side yards of 9 metres are provided. 24228 Application for a Zoning By-law Amendment SCIMDULE u » Demande de modification i I'arrete sur le zonage Applicant Related Information / Reaseignements sur le demandeur Name of Applicant 1 Nom du demandeur P, u Mailing Address of applicant 1 Addressse postale du demandeur _PE C A) e.,o, t a -B Postal Code / Code postal je-~2 M Telephone Number / Numdro de telephone I n ~ 5 - 0 ~q Home / Domicile Fax Number / Numdro de telecopieur ~ ) I hl - 6 ~20 Name of Property Owner (if different) / Nom du pro\prietaire (si different) S' CiM ~ 1 Address / Adresse Work / Travail Property Information / Renseignements sur la propriete Postal Code / Code postal Location / Emplacement R5 r QJ2-0.i Civic # / No de a Street / Rue Lot Area I Superficie du lot Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propriete Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel R A. r~ e n c f PII) / NIP Change Zoning to / Modification du zonage A J, (T en e r o,~ . :L" r'n e, SS andlor / on (Jj c~ i t 5 ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 229 Development Proposal / Proposition d'amiaagement Description of Proposal / Description de la proposition ~ o b z n..A Le 46 _1n c~Au ~clr~~k J d.o YVI 0 t 6;- Oe, h t'e le- 0 --Dn SiG C fC Q o ~2 rtrse- You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs It is important that the distance between the property boundary and buildings are shown. L s1 s ,,o e c i ie ,7s Vous devez fournir un plan du site 4 Pichelle illusrrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdhment, des dessins de plan d'eWation et toute autre forme de renseignement Le plan dolt indiquer lei dimensions de la proprihMA, 1'emplacement de la totaliti des bdtiments, des alMes, des arees de stationnement, des amenagements paysagers et des panneaux de signalisation. D est important d'indiquer la distance entre les limites de la propriM et les bcttiments. Provide reasons why these amendments should be approved / Fournir tout autre r+enseignement concernant votre proposition qui pourrait etre approuvdes. Provide any other information about your proposal that would be helpful. / Founur tout autre renseignement ooncernaut votre Proposition qui pourrait fibre utiie. Signature of Applicam / Signature du demandeur j a V -7 & ~ Llch / Date L J ❑ $400 Application Fee Enclosed / Ci joint les fsais de demande de 400 $ If you are not the owner of the land in question Si vous n',tes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprie3taire dans la partie the owner is authorizing this application to proceed ci-dessous. La signature du proprie#taire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere soit examine;e par le conseil communal. Signature of Owner (if applicable) Sigel due proprie taire (s'd y a lieu) Date: 230 March 31, 2007 To who it may concern: mould like to do motor vehicle inspections in the I the undersigned Wayne McGaughey repair garage at 85 Hayes Ave., Saint John, NB' ollowing that accept this proposal do so by signing with their address: The £ f1 231 1 5 Planning and Development P.O. Box/C.P. 1975 Urbanisme et developpement Saint John, NB/N.-B. Canada E2L M of ~%,%vw.saintjohn,ca a o - DATE: MAY 11, 2007 The city of saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2007 r Patrick Foran Planning Officer SUBJECT: Name of Applicant: Wayne McGaughey Name of Owner: Wayne M.Q_Q Location: PID: Municipal Plan: Low Density Residential Zoning: Existing: "RS-2" One and Two Family Suburban Residential Proposed: "B-2" General Business Proposal: To rezone a residential property in order to permit an existing automotive repair garage and car sales lot. . Type of Application: Rezoning and Conditional Use 232 Wayne McGaughey 85 Hayes Avenue JURISDICTION OF COMMITTEE: Page 2 May 11, 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 Tuesday, May 22, 2007. The Zoning By-law authorizes the Committee to impose terms and conditions upon the establishment and operation of an automotive repair garage and a car sales lot in the "13-2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicate that they have no objections to this application. Building and Technical Services advise that their office has a number of complaints on record related to the garage operation. As well, an addition has been constructed on the original garage with no permit. Fire Department has the following concerns & comments: • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Hot works (welding, etc) operations shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. 233 Wayne McGaughey Page 3 85 Hayes Avenue May 11, 2006 N.B. Department of Public Health and Wellness has been forwarded a copy of the application but has not submitted any comments. N.B. Department of Environment and Local Government has been advised of the application. Department of Public Safety (Motor Vehicle Inspection Program) has been forwarded a copy of the application but has not submitted any comments. ANALYSIS: Subject Property and Neighbourhood The subject property is situated on Hayes Avenue, a short dead-end street off of Gault Road in West Saint John. The property contains a dwelling near the road and a garage in the rear yard. The garage is accessed by a straight gravel driveway approximately 37 metres (120 feet) in length. The property is partially screened. from adjacent properties by mature vegetation. The area immediately surrounding the site is comprised primarily of single-family dwellings developed in a suburban setting. Existing Business and Necessary Approvals The property owner is requesting permission to operate an automobile repair garage. According to the applicant, he has been operating the repair garage for approximately nine (9) years. The hours of operation are normally from 8:00 a.m. until 5:00 p.m. Mondays to Fridays and 8:00 a.m. until noon on Saturdays. There are usually 2-3 vehicles involved in the business at any one time. General mechanical work is undertaken on cars although no body work or painting is performed. A site visit revealed that the property was well-maintained and no material or parts were stored outside of the garage. In addition to the repair garage, the applicant purchases vehicles from car auctions, repairs there, and places them for sale. Typically the vehicles are sold from other locations, although periodically a single vehicle for sale will be situated on the subject site. The landowner is requesting to rezone the subject property from "RS-2" One and Two Familv Suburban Residential to "B-2" General Business in order to obtain a motor vehicle inspection license and to continue legally operating the repair garage from the existing garage in the backyard and to sell the occasional vehicle from his property. He and his family would continue to reside in the dwelling. The applicant indicated that he has no desire to operate a commercial auto body shop or perform automobile painting and no signs would be erected to advertise the business. 234 Wayne McGaughey 85 Hayes Avenue MunicipaI Plan and Rezoning Consideration Page 4 May 11, 2006 The general area is designated by the Municipal Development Plan as Low Density Residential. The Plan envisions such areas in the community as being appropriate for the development of one and two-family dwellings with municipal water and sewer servicest. The Plan also recognizes that certain non-residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population, or are compatible with residential uses. Such land uses include: elementary schools, daycare centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. . Furthermore, the Plan encourages the exclusion from residential areas those uses that are not compatible with these neighbourhoods with respect to the following: • Generation of traffic that is excessive in volume and not local in nature; • The production of smoke, dust, fumes or noise; The creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. . An automotive repair garage, with or without incidental vehicle sales, is not envisioned by the Plan as being a compatible use in residential neighbourhoods. Indeed, the City has had to deal with a number of illegal/non-conforming automotive repair and auto body shop operations in residential neighbourhoods over the years. The traffic, outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as the noise, dust and fumes associated with such uses can adversely affect the character of residential neighbourhoods. It is recognized that many of these issues are not present in excessive amounts in this instance. The repair garage appears to have a low volume of customers at any given time, some of which the applicant states aree residents of the surrounding neighbourhood. No material is stored outside and the business does not include auto body repair work. Consequently, certain nuisance factors (i.e., stroke, dust and fumes) should not be minimal, although noise may still be an issue. In addition, the garage has a residential appearance and appears to conform to the residential accessory building standards. To the rear of the site is a vacant, forested property, and the repair garage is somewhat screened. from adjacent properties by mature vegetation. There is also no business signage associated with the repair garage. 1 Hayes Avenue is currently serviced by the municipal water system, however sewer services stop approximately 480 metres (1,575 feet) south of the intersection of Gault Road and Hayes Avenue. 235 Wayne McGaughey 85 Hayes Avenue Page 5 May 11, 2006 While it is understood that the current scale of the business is limited, there always remains the concern in the future that this business, perhaps under new ownership, will not operate in the same manner. While conditions can be imposed by the City, such conditions often fail to truly regulate the nature of the business by new operators who are less sensitive to the residential neighbourhood. There is also concern that this isolated commercial zoning will attract future interest for other businesses permitted in the "B-2" General Business zone. Again, while conditions can be imposed to limit the use of the property to this specific business, it is not unusual that other more intensive business proposals are permitted due to the pre-existing commercial zoning. CONCLUSION: There have been a number of similar rezoning applications in the past for repair garages in residential areas not supported by staff for the reasons mentioned in this report. Approval for this automotive repair garage and car sales lot cannot be recommended. PF Project No. 07-130 236 uReAN~g{r~lE O?MEST q%jt4G AS ?LAI Rs-'I ii t 7 i Sub'ect Sitetsite en question'' .Mnnvglm awr. Ha`~es A\Jenue location:85, , 2007 30 Date: April l avr~l I letPas a 1'echeile ~gcalelecheile: Not to $ca 2,37 ~ plDts~~~IPts)'. pQ~~gg66 g 238 1y f PLANNING ADVISC )COMMITTEE MINUTES 1 PAGE; 5 MAY 15, 2007 SCHEDUM u b) grant a variance to permit an accessory building to remain as a stand-alone building on the remnant lot, also identified as PID 55153217, on the condition that the garage is.only allowed to remain so long as it is used exclusively for the storage of personal belongings, inducing but not limited to antique vehicles and the use of the building for commercial purposes, including rental of the building in whole or in part for self- storage be expressly prohibited. CARRIED MCK Item 6: Wayne McGaughey 85 Hayes Avenue Proposal: To rezone a residential property in order to permit an exists .g automotive repair garage and car sales lot. Type of Application; Rezoning and Conditional Use One letter and a petition in support and 14 letters and one petition opposed to the application had been received. Mr. Wayne McGaughey, the applicant, appeared before the Committee and indicated he was not in favour of the recommendation. He explained that he has been living there since 1998 and he started to the garage in 2000. He indicated his 2001 tax bill increased by $500 for the garage and since he had never received a letter indicating he could not operate the business he thought everything was fine. Last year he applied for a dealer's license, with the operation being in Prince of Wales and not at the subject site. A car might only be on the property for a couple of days until the necessary repairs were completed and then moved to the used car lot. Mr. McGaughey indicated that the cars would not be going to Prince of Wales but to Dugay's Automotive on Manawagonish Road. When questioned if he knew the subject site is zoned residential, Mr. McGaghey responded that he was aware of the zoning but did not realize he could not operate his business from the site. When asked about receiving any letters from the City regarding ceasing the operation, he reiterated that since 2001 he has not received any letters from the City. Also prior to 2001, he could not recall any letters or phone calls from the City telling him to stop the business. When the garage was constructed, the question was asked if he had obtained a building permit and Mr. McGaghey stated that he had obtained a permit but had not indicated the intended use. When asked if he had obtained a building permit when he expanded the garage, he said he had not and could not explain why he had not applied for one. It was not until he applied to obtain a motor vehicle inspection license that it was discovered he could not operate which resulted in the rezoning application. 239 PLANNING ADVISC ,COMMITTEE MINUTES PAGE: 6 MAY 15, 2007 Mr. McGaghey indicated there are no drains in the garage floor for oil to seep into. The garage floor is sealed and all used oil and antifreeze is collected and taken away by two companies. Photographs were displayed of the garage. He further explained that the area is serviced by city water. Discussion ensued regarding the operation of the garage. Michelle Logan, daughter of Urban and Brenda Carr, who reside at 64 Hayes Avenue, Mrs. Brenda Carr, 64 Hayes Avenue and Mr. Art Evans, 30 Hayes Avenue appeared before the Committee and spoke in favour of the application. Gerald Brennan, 114 Hayes Avenue, Eric Doucet, 19 Hayes Avenue and Jonathan Sherwood, 10 Hayes Avenue appeared before the Committee opposed to the application. The residents were concerned with the potential for increased traffic on Hayes Avenue, which is already in bad condition and could be made worse if there is more traffic. The decrease in property values and the potential for other commercial uses being established if this application is approved were other concerns. It was also noted that a tow truck had visited the site one Sunday and the possibility of this continuing was a concern. The Chairman requested clarification regarding any paperwork that might be in the file from Building and Technical Services concerning any complaints received about the business. Patrick Foran indicated there are some complaints listed in the file concerning the use of the garage for commercial purposes. He advised notices and correspondence had been sent to the applicant indicating that a change of use permit would be required for his operation, The last.notice to that effect was dated in"2001. Mr. Foran explained there is no indication in the file as to why additional follow up or action was not taken. Mr. McGaughey re-appeared before the Committee and re-iterated he had not received any such notices from the City nor could he explain the reason as to why he did not apply for a building permit for the garage expansion. He addressed why a tow truck had been to his garage and explained that was a favour he had done for a tourist. The tow truck has not been back on a Sunday since. Discussion ensued concerning the operation of the garage and correspondence sent to the applicant from the City. The Committee recessed to consider the matter further. It was MOVED and SECONDED that this application be denied. CARRIED MB✓SC TC, SW NAY 240 92-840 COMMON COUNCIL/ CONSEIL COMMUNAL SCHEDULE 61! MAY 22, 2007 /LE 22 MAI 2007 " 303, chemin Golden Grove, d'une superticie d'environ 11 478 metres carres et portant le NID 00436725 et une pantie du NID 55153217, pour la faire passer de zone residentielle de faible densite a zone d'industrie legere, on I'ajoutent a la liste de projets d'amenagements approuves dans la zone d'industrie Agere au paragraphe 2.4.7.15, fasse ('objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arr&te intitule c Arrete modifiant 1'arrete relatlf au plan municipal Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arr&te intitule << Arrete modifiant I'arr&t8 de zonage de The City of Saint John n, relativement au rezonage d'une parcelle de terrain d'une superticle approximative de 3 530 metres carres, situee au 303, chemin Golden Grove et portant le NID 55153217, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 » e zone d'industrie legere « 1-1 fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule a Arrete modifiant I'arr&te de zonage de The City of Saint John Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrdte intitule «Arrete modifiant I'arr&te de zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superticie approximative de 3 530 metres carres, situee au 303, chemin Golden Grove et portant le NID 55153217, afln de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales « RS-2 n e zone d'industrie IegBre c 1-1 fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition ast adoptee. Deuxieme lecture par titre de 1'arr&te intitule «Arrete modifiant 1'arr&te de zonage de The City of Saint John (Councillor Court withdrew from the meeting due to a conflict of interest). 9.2(a) Proposed Zoning Bylaw Amendment -85 Hayes Avenue 9.2(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID Number 00408666, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 15, 2007 meeting at which the Committee decided to recommend approval of staff recommendation, recommending that Common Council deny the re-zoning the above mentioned parcel of land. The Mayor called for members of the public to speak against the re-zoning with the following presenting: Jonathan Sherwood, 20 Hayes Avenue, Eric Doucet, 85 Hayes Avenue, Madonna Hattie, 11 Hayes Avenue, Mary May, 95 Hayes Avenue and Gerald Brennan, 114 Hayes Avenue expressed concerns of increased traffic, safety, the potential for other commercial uses to become established, and property values. 241 52-841 COMMON COUNCIL I CONSEIL COMMUNAL MAY 22, 20071LE 22 MAI 2007 The Mayor called for members of the public to speak in favour of the re-zoning with the property owner, Wayne McGaughey, advising that he does not have the opportunity for other employment, noting that he does not want to expand, butwants to continue operating his business. Brenda Carr, 64 Hayes Avenue and Michelle Logan, daughter of Urban and Brenda Carr, advocated in support of the re-zoning. On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that staff meet with the citizens and the applicant to come up with a solution to the re-zoning at 85 Hayes Avenue, with a report back to council. Question being taken, the motion was carried, with Councillors Chase, McGuire, Tait, and Titus voting nay. (Councillor Court re-entered the Council meeting.) (Le conseiller Court quitte la seance an raison d'un confiil d'interets) 9.2a) Projet de modification de I'arrete de zonage visant le 85, avenue Hayes 9.2b) Rapport du Comite consultatif d'urbanisme Le greffier indique qua les avis requis ont 61:e publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 85, avenue Hayes, dune superficle approximative de 2100 metres carres at inscrite sous le NID 00408866, pour faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliales « RS-2 » it zone Commerciale generate <c B-2 at qu'aucune objection ecrite n'a ete revue a cot egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'une copie du rapport du personnel du service d'urbanisme, studies lors de la reunion du 15 mai 2007, e laquslle le comite a resolu d'appuyer I'approbation de la recommandation du personnel voulant que le Conseil communal rejette la demande de rezonage de la parcelle de terrain susmentionnee. Le moire invite le public a exprimer son opposition au projet de rezonage, at les personnes suivantes prennent la parole : Jonathan Sherwood, 20, avenue Hayes; Eric Doucet, 85, avenue Hayes; Madonna Hattie, 11, avenue Hayes, Mary May, 95, avenue Hayes at Gerald Brennan, 114, avenue Hayes expriment leurs inquietudes au sujet de I'augmentation de la circulation, de la secuft, de la possibilite d'etablir d'autres utilisations commerciales at de la valeur des proprietes. Le moire invite le public a se prononcer an faveur du rezonage. Le proprietaire de la propriete, Wayne McGaughey, indique qu'il ne s'est trouve aucun autre emploi, qu'il ne veut pas agrandir son entreprise, mais qu'il veut continuer a 1'exploiter. Brenda Carr, du 64, avenue Hayes at Michelle Logan, fille de Urban at Brenda Carr, se sont fait les defenseurs du rezonage. Proposition du conseiller Ferguson Appuyee par la matresse suppleante Hooton RESOLU qua le personnel rencontre les citoyens at le demandeur afin de trouver une solution au rezonage du terrain situe au 8, avenue Hayes at presente un rapport au Conseil. A ('issue du vote, la proposition est acceptge. Les conseillers Chase, McGuire, Tait at Titus votent contre. la proposition. (Le conseiller Court se joint de nouveau a la seance du conseil.) 242 92-872 COMMON COUNCILICONSEIL COMMUNAL CHEDULE JUNE 18, 20071Le 18 JU1N, 2007 S a " conseil. A Tissue du vote, la proposition est adoptee. 11.5 Public Transit- Fuel Tax Rebate on motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that Council send a letter to the Premier requesting that the Government of New Brunswick rebate the tax on fuel to the Municipal Transit Authorities. Question being taken, the motion was carried. 11.5 Remboursement de la taxe sur 1'essence pour le service de transport en commun Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLD que le conseil envoie une lettre au premier ministre du Nouveau-Brunswick reclamant que le gouvemement du Nouveau- Brunsvrick rembourse la taxe sur 1'essence aux autorites responsables des services de transport municipaux. A ('issue du vote, la proposition est adoptee. 11.8 Town Hall Meeting in Partnership with Ability Advisory Committee On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor McGuire thanking all who attended the Town Hall meeting with the Ability Advisory Committee, especially Mr. Paul Groody and Mr. Barry Freeze, who have provided the leadership needed to create this strong partnership, be received for information. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting.) 11.6 Assemblee publique locale en partenariat avee I'Ability Advisory Committee [comite consultatif sur Ies personnes habiles] Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLD que la lettre du conseiller McGuire, clans laquelle it remercie toutes Ies personnes qui ont participe a I'assemblee publique locale en compagnie de I'Ability Advisory Committee, surtout MM. Paul Groody et Barry Freeze, qui ont fait preuve du leadership necessaire pour creer ce partenariat solide, soil acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. (Le conseiller Court quitte la reunion.) 12. Business Matters - Municipal Officers 12.1 Proposed Rezoning 85 Hayes Avenue Consideration was given to a report from the City Manager, the matter having been referred to the City Manager to meet with area residents, advising that there did not appear to be any common middle ground from which to draft a list of acceptable conditions that would enable the property to be re-zoned yet suitably address the issues raised by the residents. 243 92-873 COMMON COUNCILICONSEIL COMMUNAL JUNE 18, 20D7]*Le 18 JUIN, 2007 On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the application for re-zoning of a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID Number 00408666, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, be denied. Question being taken, the motion was carried. (Councillor Court re-entered the meeting.) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Projet de rezonage relatif au 85, avenue Hayes Examen d'un rapport du directeur general (I'affaire ayant eta transmise au directeur general afin qu'll rencontre les residents du quartier) daps Iequel it indique qu'il ne semble pas y avoir un terrain d'entente intermedialre a partir duquel it serait possible de dresser une liste des conditions acceptables qui permettrait le rezonage de la propriete tout an trouvant des solutions appropriees aux problemes souleves par les residents. Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU clue la demande de rezonage d'une parcelle de terrain situse au 85, avenue Hayes, d'une superficie approximative de 2 100 metres carres at inscrite sous le N I D 00408666, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at blfamiliales c RS-2 » a zone Commerciale generale « B-2 soft rejetee. A ('issue du vote, la proposition est adoptee. (Le conseiller Court se joint de nouveau a la reunion.) 12.2 Town Hall Meeting - Disability Awareness On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council recognize the work of the Saint John Ability Advisory Committee, endorse the submitted measures outlined herein, and the submitted report be received for information. Question being taken, the motion was carried. 12.2 Assemblee publique locale visant la sensibilisation a la situation des personnes handicapees Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU qua, comma le recommande le directeur general, le Conseil communal reconnaisse le travail effectu6 par le Saint John Ability Advisory Committee at appuie les mesures enoncees aux presentes, et que le rapport presents soit accepts a titre informatif. A ('issue du vote, le proposition est adoptee. 12.3 Understanding the Need for Safe, Clean Drinking Water On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council lead the public dialogue on understanding the need for safe, clean drinking water and that the submitted report be received for information. Question being taken, the motion was carried. 244 1 SCHEDULE Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des batiments Saint John, NBIN.-B. Canada E2L 4L1 ASK www.saintjohn. ca The City of Saint John July 10, 2007 Case Number: 07-00000689 Wayne McGaughey & Edna L Baribault 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: FIRST NOTICE Our records indicate that you are the owner of the following property: Address; 85 Hayes Av PID 00408666 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. I will re-inspect your property within the next two weeks. If you have any questions or concerns, please contact me at 658-2911 for further information. Regards, Tam la G. Duke Technical Services Inspector Attachment 245 CASE NUMBER 07-000006,,-, PROPERTY ADDRESS 85 HAYES AV V 1Vi,A1'iuN DETA11i 1 VIOLATION: 800A QUANTITY: 1 ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land-use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. PAUE 1 246 Buildings and Inspection Services P.O. Box/C.F. 1971 Services d'inspection et des batiments Saint John, NB/N.-B, Canada E2L 4L1 m, . www.saintjohn.ca The City of Saint John July 26, 2007 Case Number: 07-00000689 Wayne A & Edna L McGaughey 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: SECOND NOTICE Our records indicate that you are the owner of the following property; Address: 85 Hayes Av PID 00408666 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. This was previously brought to your attention. You are requested to correct the violation by August 9, 2007. I will re-inspect the property at that time. Please contact me at 658-2911 if you have any questions. Regards, \ Tamara G. Duke Technical Services Inspector Attachment 247 &SE NUMBER 07-000.,689 VROPERTY ADDRESS 85 HAYES AV VIOLATION DETAIL VIOLATION: 800A QUANTITY: I ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. PAUE 1. 248 3 Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des bAtiments Saint John, NB/N.-B. Canada E2L 4L1 www.saintjohn.ca " The City of Saint John August 14, 2007 Case Number; 07-689 Wayne A & Edna McGaughey 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: FINAL NOTICE Our records indicate that you are the owner(s) of the following property. Address; 85 Hayes Avenue PID 00408666 An inspection of your property has revealed that you have not corrected the violation of the Zoning By-Law brought to your attention in previous letters. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. You are hereby ordered to correct the violation before August 28, 2007. Failure to comply may result in legal action to obtain your compliance. Please contact me at 658- 2911 if you have any questions. Regards, David G. M. Cra ord, P. Eng. Deputy Building Inspector c: Tamara G. Duke, Technical Services Inspector Attachment 249 V1ULAiUN DETAIL PAGE 1 CASE NUMBER 07-0000_ 89 PROPER'YY ADDRESS 85 HAYES AV VIOLATION: 800A QUANTITY: rl ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. 250 3'• a - 2]~^y f~ ~ ~ a i,y ~ ; ~xss•. F ~ y SCHEDULF, 910 ADMINISTRATION (1) Enforcement (a) The Building Inspector is authorized to enforce the provisions of this By-law. (b) The Building Inspector has the right to enter at all reasonable times upon any property within the City for the purposes of making any inspection that is necessary for the administration or enforcement of this By-law. (c) Whenever the Building Inspector shall find, in the case of any pern-lit heretofore or hereafter issued pursuant to subsection (2), that such permit, including any of the terms and conditions under which such permit was issued, has not been or is not being complied with, he is authorized, after 30 days notice to the owner or occupant of the affected land, building or structure to suspend or revoke such permit or take other action as he deems necessary to ensure compliance or remedy. (2) Change in Use (a) No person may change the purpose for which land, buildings or structures, wholly or in part, is used without obtaining a permit. (b) A person wishing to obtain a permit under this subsection shall make application therefor to the Building Inspector, which shall: 0) be filed on forms obtainable at the office of the Building Inspector; (ii) be signed by the applicant; (iii) state the intended use of the land, building, structure or part thereof; (iv) show the location, extent and layout of the new use; and (v} :F -c ir~ta r1 s 11Zth r in ormataon as may-be-required for:tb~p~rp ae -'of' ' -v establishing if the new use conforms to the requirements of this By-law. (3) Amendments (a) A person who seeks to have this By-law amended shall (1} address a written and signed application therefor to the Council; (ii) submit with the.appiication a fee of $400 payable to the City of Saint John; and (iii) file a copy of the application with the Committee. (b) The Council may, if it deems fit, return all or any part of the fee mentioned in this subsection. (c) An application under this subsection shall include such information as may be required by Council or the Committee for the purposes of adequately assessing the proposal. 190 254 t r t Community Planning §PUDULE 80(1) Subject to subsection (2), where a regional plan, rural plan, municipal plan, basic planning statement, development scheme or urban renewal scheme indicates that certain land may be required by the Minister or a municipality for a purpose de- scribed in it, compensation for such land on expro- priation shall not include any amount in respect of an unauthorized development on such land after the date of the statutory, notice of intention to adopt, or to recommend adoptOn of, such piz::?, statement or scheme. -,„t , 80(1) Sous reserve du paragraphe (2),lorsqu'un plan regional, rural ou municipal, une declaration des perspectives d'urbanisme ou un projetd' amena- gement ou de renovation urbaine indique que le Mi- nistre ou la municipality pout avoir besoin de cer- tains terrains pour une fin qui s' y trouve decrite, l'indemnite d'expropriation de cc terrain ne doit comprendre aucun d8dommagement a 1'e9ard d'un amenagement non autorise sur cc terrain et poste- rieur a la date de la notification legale del'intention d'adopter ce. plan, cette declaration ou ce projet ou d'en recommander ]'adoption. 80(2) A jpdge of The Court of Queen's Bench of New Brunswick, on the petition of a person affected by subsection (1), may order that compensation be paid in respect of a development mentioned therein if he is satisfied that such development was under- taken in good faith without knowledge of any re- striction imposed thereon by this Act or any plan, statement or scheme hereunder. 1972, c.7, s.80; 1979, c.41, s.19; 1994, c,95, s.34. PROHIBITION RE DEVELOPMENT 81(1) Except as otherwise provided in this sec- tion, no person shall undertake a development and no building permit or development and building permit shall be issued for such development unless the development officer having jurisdiction ap- proves such development as conforming with, where it applies to the land on which the develop- ment is located, (a) any municipal plan,, basic planning state- ment;.rural plan,•,davelppment• scheme OF urban renewal scheme (i) in effect, (ii) in respect of which an adopting by-law has been the subject of a resolution under paragraph 68(1)(a); or 80(2) Un juge de la Cour du Banc de la Reine du Nouveau-Brunswick peat, sur requete d'une per- sonne visee par le paragraphe (1), ordonner le paiement d'une indernnite pour un amenagement y mentionne s'il est convaincu que cet amenagement a ete entrepris de bonne foi, sans que la personne ca- che qu'il existait des restrictions imposees par la presente loi ou par tout plan, toute declaration ou tout projet adopte en application de la presente loi. 1972, c.7, art.80; 1979, c.41, art.19; 1994, c.95, art.34. INTERDICTION D'AMENAGEMENT 81(1) Sous reserve des dispositions particutieres du present article, nul ne peut entreprendre un ame- nagement et nul permis de construction ni aucun perrnis d'amenagement et de construction ne peut etre delivre a cet effet, e mains que ]'agent d'ame- nagement competent n'approuve cet amenagement comme etant conforme, quand it s'applique au ter- rain surlequel I'amenagement a lieu, a) a un plan municipal, a une declaration des perspectives.d'.urbanisine; a:un-Plan-rural ou-a un-. projet d'amenagement 61i 'de renovation tirbaine (i) en vigueur, (ii) pour lesquels 1'arrete les adoptant a fait ]'objet d'une resolution en vertu de 1'alinea 68(1)a); ou 123 2001-12 255 W JU Chap. C-12 Loi sur Purbanisme (iii) in respect of which the Minister has published a first notice under paragraph 68(1)(b); (b) subject to paragraph (a), any zoning or de- ferred widening or controlled access street by- law or regulation (i) in effect, or (ii) in respect of which the council has adopted a resolution under section 71, or the Minister has published a first notice under paragraph. 68(l)(b); and (c) a regulation under subsection 77(1)(h.1), (i) in effect, or (ii) in respect of which the Minister has pub- lished a first notice under paragraph 68(1)(b). 81(2) The provisions of subparagraphs (1)(a)(ii) and (iii) and subparagraph (1)(b)(ii) cease to apply (a) in the case of a resolution under paragraph 68(1)(a), when the by-law becomes valid or when it fails to become valid because of the op- eration of subsection 68(6) or because the coun- cil does not meet the requirements of paragraph 69(1)(b) within a reasonable time, (b) in the case of a resolution under section 71, as provided in subsection (1}thereof, and (c) in the case of a first notice, six months after the day the notice was published, 81(3) A permit under this Act, or the approval of a regional development, or a poster or placard in lieu thereof, shall be posted, in a prominent place on the property in respect of which the approval is 2001-12 124 (iii) a 1'egard desquels le Ministre a publi6 un premier avis conform6ment a 1'alin6a 68(1)b); b) sous r6serve de 1'ahn6a a), a un arret6 de no- nage ou a un reglement de zonage ou a un arret6 ou un reglement d'61argissement diff6r6 ou de li- mitation d'acces des rues (i) en vigueur, ou (ii) A 1'6gard desquels It conseil a adopt6 une rdsolution en vertu de Particle 71 ou le Ministre a publi6 un premier avis conform6- ment'a Palin6a 68(1)b); et c) un reglement 6tabli en vertu de l'alin6a 77(1)h.l) (i) en vigueur, ou (ii) e 1'6gard desquels le Ministre a publi6 un premier avis conform6ment a Palin6a 68(1)b). 81(2) Les dispositions des sous-alin6as (1)a)(ii), (iii) et (1)b)(ii) cessent de s'appliquer, a) dans le cas d' une r6soluti on prise en vertu de 1'alin6a 68(1)a), lorsque ]'arret6 prend effet ou lorsqu'il ne prend pas effet en raison de ]appli- cation du paragraphe 68(6) ou paace que It Con- seil ne satisfait pas aux conditions de 1'alin6a 69(1)b) dans un d6lai raisonnable, b) dans le cas d' une r6soluti on prise en vertu de Particle 71, selon les rnodalit6s_fiz6es-au pata= graphe (1) de cet article, et c) dans le cas d'un premier avis, six mois apr6s sa publication. 81(3) Tout permis d6livr6 en vertu de ]a pr6sente loi ou ]'approbation d'un am6nagement regional ou route affiche ou tout placard en tenant lieu doivent titre places par ]a personne nornm6e dans It perrnis 256 86-710 COMMON COUNCIL NOVEMBER 10, 1997 SCHEDULE p On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the,,use of,their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the scie of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application, voting "nay". Question being taken, the motion was carried with Councillor Brown On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence. Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enact Certain by fawws,.including the Zoning By-Law and the Building By-Law, pursuant to the authority of=the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. 20(a) Appointment Of Deputy Chief of Police ,Lb) Re Actina Chief Of Police 20(a) Consideration was given to a report from the City Solicitor, submitting for Council's consideration three resolutions prepared following the November 4 Committee of the Whole meeting, Resolution No. 1 which would operate to create a new job description for the Deputy Chief of Police position; Resolution No. 2 which would operate to appoint Grenville F. Ingraham to the position of Deputy Chief of Police of the Saint John Police Force for a term of five years commencing at 5:00 p.m. on Friday, November 14, 1997; and Resolution No. 3 which would provide for the 257 SCHEDULE COMMON COUNCIL ORDER NOVEMBER 10, 1997 19. Designation Of Building Inspector For Enforcement Proceedings Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By-Laws on November 3 on the grounds that the resolution purporting to authorize the Buildingg Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the property at 407-409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by-laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an. examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon B. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garage which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint ohn, N , for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. 258 ,I Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by-laws, including the Zoning By-haw and the Building By- 259 r) Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried, 260 I V ~ u i ii mm IIIIIII III F OPEN SESSION M & C 2009 - 123 April 27, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT 937 Hillcrest Road (PID No. 55090526) - Zoning By-Law Violation BACKGROUND City of Saiia Jahn Buildings and Inspection Services has been dealing with Mr. Bertin Levesque with regards to a violation of the Zoning By-Law since May 2007. Mr. Levesque is the registered owner of a property bearing PID No. 55090526, known as civic address 937 Hillcrest Road. The property is zoned "RS-1 One and Two Family Suburban Residential". Mr. Levesque applied to have his property rezoned to `13- 2 General Business" to permit a motorcycle repair garage, and his Application was denied in June 2007. In spite of Council's denial, Mr. Levesque proceeded, in July 2007, to convert the large garage on the property for use as a repair garage and showroom. A display area, a parts counter and a service shop for motorcycles, snowmobiles and all terrain vehicles has been created within the building. The owner has also established a fenced exterior storage compound adjacent to the garage. Notices and an Order from the Building Inspector requiring that the aforesaid use cease have been ignored. The owner had previously operated his business from a location on Golden Grove Road and, after his lease ran out, he relocated to his present location. Discussions have taken place with the owner on several occasions in an attempt to have him relocate the business to a properly zoned location. He has indicated to this office that the business is his sole livelihood, that in his opinion he is not adversely affecting the neighbourhood, and that he cannot afford to move to another premises due to the increased costs. 261 M & C 2009 - 12; -2- April 27, 2009 11 Staff recommends that an application be made to the Court of Queen's Bench for an Order that would require the owner of the property to comply with the Zoning By-Law and cease the commercial use of his property. In order to pursue By-Law violations which require an application to the Court of Queen's Bench, it is necessary for Common Council to adopt a resolution designating the Building Inspector or the Deputy Building Inspector to initiate and proceed with the application. RECOMMENDATION Your City Manager recommends that the following resolution be adopted: " RESOLVED that whereas the records of the Saint John County Registry Office show Bertin Levesque to be the registered owner of the parcel of land located on the northern side of Hillcrest Road, Saint John, N.B. at civic address 937 Hillcrest Road and designated as PID No. 55090526, And whereas said property is zoned "RS-1", "One and Two Family Suburban Residential", under the Saint John Zoning By-Law, BE IT RESOLVED that the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of The City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Bertin Levesque to cease using or permitting the use of his property bearing PID No. 55090526 and known as civic address 937 Hillcrest Road, Saint John, NB, as a repair garage and showroom or other business. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 262 Canada Province of New Brunswick County of Saint John In The Matter of the Community Planning Act, R.S.N.B. 1973, c. C-12, and amendments thereto; and In The Matter of The Zoning By Law, By-Law Number C.P. 110, and amendments thereto; and In The Matter of the Property located at 937 Hillcrest Road, Saint John, N.B. (Parcel Identifier Number: 55090526) ORDER To: Bertin Levesque 937 Hillcrest Road Saint John, New Brunswick E2N 2137 WHEREAS the Certificate of Registered Ownership marked as Schedule "A" was issued by the Registrar of Land Titles on November 5, 2007. It certifies that Bertin Levesque is the registered owner in fee simple of the parcel of land (herein called "the Levesque's Property") described therein and identified as Parcel 55090526. It also shows Concentra Financial Services Association c/o Bayview Credit Union as a Mortgagee [Instrument Number: 23162887]. The said parcel of land is located at 937 HiIlcrest Road, Saint John, New Brunswick. The Levesque's Property is shown on the portion of the Service New Brunswick map marked as Schedule "B". The Parcel Information Report attached as Schedule "C", and, the Property Assessment Information attached as Schedule "D" also show Bertin Levesque to be the owner of the Levesque's Property. An aerial view of the Levesque's property is attached as Schedule "E". AND WHEREAS the Levesque's Property is zoned as the attached Schedule "E.1" zoning map, "RS-I "One and Two Family Suburban Residential," under the Zoning By- Law, supra [hereinafter referred to as the `By-Law"]. Section 110 of the By-law sets out 263 ~ f the uses that are permitted in a RS-1 zone and prohibits all other uses. A copy of section 110 is attached as Schedule "F" AND WHEREAS Bertin Levesque applied to The City of Saint John to have, the Levesque's Property rezoned from an "RSA" zone to a "General Business (B-2) " zone so that he could relocate his motorcycle business into a garage on the said property. A copy of the application dated May 7, 2007, is attached as Schedule "G". The Planning Advisory Committee of the City of Saint John at a meeting held on June 12, 2007, recommended that the application be denied. The relevant minutes of the meeting of the Planning Advisory Committee are attached as Schedule "H". The Common Council of The City of Saint John at a meeting held on June 18, 2007, denied the application. The relevant minutes of the Common Council meeting are attached as Schedule "I". AND WHEREAS, contrary to and in violation of section 110 of the By-Law, and, contrary to warning notices from The City of Saint John (see Schedule "J"), you have moved your motorcycle business onto the Levesque's Property and have been operating your motorcycle business since July, 2007. Attached hereto and marked as Schedule "K", are photographs which were taken at the Levesque's Property on July 3, 2007 and September 26, 2007, respectively. Changing the use of a property without a permit obtained from the Saint John Building Inspector is a violation of paragraph 910(2)(a) of the By-Law (see Schedule "L"). Furthermore, changing the use of a property, which is a "development", without obtaining the approval of the Development Officer, is a violation of paragraph S 1(1) of the Community Planning Act, supra, (see Schedule "M'), AND WHEREAS I have been authorized pursuant to subsection 93(1) of the Community Planning Act, supra, by the Common Council of The City of Saint John to issue orders with respect to violations of the By-Law. A copy of the relevant resolution is attached hereto as Schedule "N". 264 I t BERTIN LEVESQUE IS HEREBY ORDERED to cease using, or to prevent the use of, the Levesque's Property for a motorcycle business or other business and to refrain from and prevent such use in the future. TAKE NOTICE THAT in the event that Bertin Levesque does not comply with this Order, The City of Saint John, pursuant to the Community Planning Act, supra, may: (a) Seek an Order from a Judge of the Court of Queen's Bench of New Brunswick which would require Bertin Levesque to restrain from the continuance or repetition of the contravention, failure or obstruction of operating a motorcycle business or other business on the Levesque's Property pursuant to paragraph 94(2)(a) of the Community Planning Act, supra, and to pay for the City's costs, disbursements and applicable taxes; or (b) Commence proceedings in the Provincial Court of New Brunswick to seek fines for each day that Bertin Levesque is in violation of this Order. Failure to comply with an order such as this Order is a Category "E" offence, and the fines for a Category "E" offence can range from $240.00 to $2,620.00 pursuant subsection 56(5) of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; or (c) do both (a) and (b). DATED at the City of Saint John, New Brunswick, on this day of Navenztre , 2007. William Edwards, P.Eng. Building Inspector The City of Saint John City Hall -10th Floor 15 Market Square Saint John, N.B. E2L 4L1 Tel. (506) 658 - 2911 265 4 FAX (506) 632 - 6199 bill, edwards(d~saintiohn. ca 266 t SCHEDULE Ili All (PAGE Of a Page 1 of 2 Form 47 CERTIFICATE OF REGISTERED OWNERSHIP Land Titles Act, S.N.B. 1981, c. L-1.1, s.63 Parcel Identifier: 55090526 Owner Levesque, Berlin 937 Hillcrest RD Saint John NB E2N 267 Deed/Transfer 23162846 Saint John 2006-12-04 - Manner of Tenure: Not Applicable Encumbrances: Restrictive Covenants Saint John NB Covenant Holder Reed 380177 Saint John 1992-08-06 1592 - 476 Concentra Financial Services Association c/o Bayview Credit Union 57 King ST Saint John NB E2L 1G5 Mortgagee Mortgage 23162887 Saint John 2006-12-04 - Instruments In the NUNL Registration Process: THIS IS TO CERTIFY THAT the speed owner is the registered owner and holds title in fee simple, by virtue of the specified instrument(s) and in the specified manner of tenure, to the specified parcel, described in Schedule A attached hereto. The title to the land Is subject to the overriding incidents specified in section 17(4) of the Act and also to the speed encumbrances. The title to the land may be subject to the specified Instruments, which have been entered in the instrument record and may be entered on the title register when the registration process is completed. THIS CERTIFICATE is evidence of the particulars contained herein as of the date and time of its issue. The description is not conclusive as to the boundaries or extent of the land. Date & Time: 2007-11-0514:32:33 Registrar of Land Titles for the District of: Now Brunswick Report ID: 2195913 267 SCHEDULE rr (PAGE Page 2 of 2 Schedule A PID: 55090526 Apparent Parcel Access: Public Access Status: Current Effective Date/Time: 2003-06-04 12:53:40 Legal Description: Place Name: City of Saint John Parish: City of Saint John County: Saint John Label of Parcel on Plan: Lot 92-1 Title of Plan: 6rittain Investments Limited Registration County: Saint John Registration Number of Plan: 2922 Registration Date of Plan: 1992-07-24 268 Annexe A NID: AGc6s apparent A la parcelle: tat de la demande: Date et hours de prise d'effet: Description officielle: PLANET Internet Browser - V-lion 1.0 Tools 0 Overview 0 + Center 0 Zoom in [e0 Zoom out 0 Zoom box 0 Point Select 00 Box Select s1 Center Selection Clear Selection Refresh Map Locator Map Map Layers Cadastral Topographic Legend Options Selection Summary 42 Map zoom ,2 Factor SCHEDULE (PAGE( -'Of eo~yll Page 1 of 1 Spatial Fusion This map is a graphical representation of property boundaries which approximates the size, configuration boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or a Lat.::45-20-07.29N Long 65-56-53.91 W scale:: 6732 x: 2543250.343 Y: 73' 1 Property found PID 55090526 PAN 4431677 Owner Levesque, Bertin L.ocatio: https://www.planet.snb.ca/PLANEThrowser/html/sew/map/generate.do 11/5/2007 Home Search Menu Help Probl( .Parcel Information : Page 1 of 3 _ SCHEDULE SERVICE (PAGE ~ of ~ ) mew Parcel Information PID: Status: Land Related Description: Area: Date Last Updated: 55090526 Active Land 5491 2007-01-08 11:10:24 Land Titles Status: Land Titles Date of Last CRO: 2007-01-08 11:11:19 Land Gazette No Information: Description of Tenure. County: Saint John Active Date/Time: 1992-08-28 00:00:00 Management Unit: NB1110 Area Unit: Square Metres Harmonization Harmonized Status: Land Titles 2003-06-12 11:19:49 Datefrime: Manner of Tenure: Not Applicable Public Comments: MAP / CARTE 07PB1, 07PC1 Parcel Interest Holders Name Qualifier Interest Type Levesque, Bertin Owner Assessment Reference PAN PAN Type Taxing Authority Code Taxing Authority 04431677 550 City of/Cite de Saint John Parcel Locations Civic Number Street Name Street Type Street Direction Place Name .1 httpsa/www.planet.snb.calPLANETDBIpar0001$parZtd.queryview?P PID=55090526&Z 11/5/2007 Parcel Information : SCHEDUI. `{C' 'r Page 2 of 3 (PAGE Of 3 ) 937 Hillcrest Road Saint John County Saint John Number 23300354 23162887 23]62846 16653355 16464159 16419260 16419252 16416399 397354 386683 385619 380177 321191 Number 2922 Related PID 00331223 Registration Book Date 2007-01-08 2006-12-04 2006-12-04 2003-07-18 2003-06-19 2003-06-12 2003-06-12 2003-06-12 1994-11-21 1742 1993-06-09 1649 1993-04-19 1639 1992-08-06 1592 1985-04-09 1083 County Parish Parish City of/Ville de Saint John Documents Page Code 428 11 407 476 270 Plans Suffix Registration Code Description Date 1992-01-01 9050 Subdivision & Amalgamations Parcel Relations Type of Relation Parent 6110 5100 1100 6110 5100 3800 3720 3900 101 108 104 101 101 Description Discharge of Mortgage Mortgage Deed/Transfer Discharge of Mortgage Mortgage Land Titles First Notice Land Titles First Order Land Titles First Application Deed Partial Discharge or Release Mortgage Deed Deed Lot Orientation Information Lot 92-1 Provincial Grid Lot Information https:llwww.planet.snb.calPLANETDB1par0001$pakdl.queryview?P_PID=55090526&Z 11/5/2007 ,Parcel Information : SCHEDULE Page 3 of 3 Non-Registered Instruments No Records returned https:llwww.planet.snb.calPLANETDBIpar0001$par .queryview?P_PID=55090526&Z 11/5/2007 Back • Horne • Help • Problem Report Assessment Data : SERVICE New RAN Information PAN: 4431677 Status: Assessed Owner(s): LEVESQUE,BERTIN Mailing Address: Assessment Year: 2007 Postal Code: Current $148,300 Current Levy: Assessment: Location: 937 HILLCREST RD County: Property RESIDENCE & LOT Tax Class: Description: Property Type 120 Property Type Code: Name: Taxing Authority 550 Neighborhood Code: Code: Taxing Authority City of/Cite de Saint John Neighborhood Description: Description: Sequence Number: M001 Sub Unit: Harmonization: COMPLETED (One to one Farm Land match of parcels) Identification Program: PID: 55090526 PID (2nd): More PID(s): No Page 1 of 1 SCHEDULE (PAGE f of / ) Open 937 HILLCREST RD SAINT JOHN NB E2N 287 $2,714.15 St. John Fully Taxable Residential Improved 14 NORTH OF LOCH LOMOND ROAD 0 No https://www.planet.snb.ca/PLANETDB/pats001$par?.Oeryview?P_PAN=04431677&bro... 1115/2007 Back • Home • Help • Problem Report K E Fr (PAGE , 274 1 a ..aEDUtE 4f (PAGE ` ) I FLIT SCHEDULE ' 110 ONE AND TWO FAMILY SUBURBAN RESIDENTIAL fRS-11 (PAGE I of - } (1) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (a) the following uses: - a one-family dwelling; - a two-family dwelling; - subject to Section 810(1), a group home; - subject to subsection (2)(a), an agricultural use; - a park or playground; - subject to Section 810(3), a home occupation; - as a secondary use to a residence, a kindergarten, nursery or day care centre for not more than six children; (b) the following uses subject to such terms and conditions as may be imposed by the Committee: subject to Section 810(2), a convenience store with or without ancillary take-out restaurant and dwelling unit; as a secondary use to a convenience store, gasoline sales; subject to the Mobile Home Parks By-law, a mobile home park; a personal service shop; - as a secondary use to a residence, a kindergarten, nursery or day care centre for more than six children; - subject to Section 810(11)(b), the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone; (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) the keeping of domestic animals is permitted only in conjunction with the residential use of a lot and subject to the following standards and conditions: 16 276 SCH( JLE (PAGE ~Z of ~ ) 110 RS-1 ZONE (2) (a) (i) the lot is not less than 4,000 square metres in area with a lot width of not less than 60 metres; (ii) no stable, building, enclosure or structure in which domestic animals are kept is located within 22 metres of any property line or 15 metres of any dwelling; any necessary approval under the Health Act is obtained; (iv) the total number of all such animals (other than their young under the age of six months) on a lot is limited to: A. in the case of horses, ponies, goats or sheep, (1) two animals, if the lot is a minimum of 4,000 square metres, (2) three animals, if the lot is a minimum of 6,000 square metres with a lot width of at least 90 metres, (3) more than three animals, if an additional 2,000 square metres is provided for each animal, B. in the case of cows, one animal per area of 2 hectares with a lot width of at least 180 metres. (3) Zone Standards (a) Minimum lot area: one-family 4,000 square metres two-family 5,400 square metres other 4,000 square metres (b) Minimum lot width: one-family ..........................................................................54 metres two-family ..........................................................................60 metres other ..................................................................................54 metres (c) Minimum lot depth 38 metres (d) Minimum front yard 9 metres (e) Minimum side yard 4.5 metres (f) Minimum rear yard 7.5 metres (g) Minimum ground floor area (i) for a semi-detached dwelling - single storey 99 square metres 17 277 SC( JULE ~ (PAGE 3 of 3 ) 140 RS-1 ZONE (3) (g) (1) - split-level 79 square metres - 1'/, 2 or 3 storey 69 square metres (ii) for a dwelling, other than a semi-detached - single storey 74 square metres - split-level 59 square metres - 1'/, 2 or 3 storey 52 square metres (h) Maximum height 9 metres the maximum height may be increased to 11 metres, if minimum side yards of 9 metres are provided. 18 278 04120!2807 13:.29 1 PLANNING AND DF - OP A.ppikation for $ ZqW ag By-Taw Amen ftisat Demande dt mod tloa * I'a sar lie zonage Aunt RmkU Worma6eik I Rmreipmeets am le tiemsndtur Namo of 4l NOW du tie nr Hottto fDoMICUo Watk I T a vats FIX NM*a I N co dtt~l air ' 3 Name of ftopcM Oww (if 10 1) l Nora & poprlftaft (d *fffto PAGE 03/04 SPHEE)ULE (PAGE J-°of--L ; X33 s9sb Poem cow co& posw e.2&) - .2 P, Property rnformaltiou 1 pmts our is proprii LOWUM) Embomeat ! 1f~ ; S /t SFJ+ 1 'l'~'Sd ~tU Civic # I.Rb do Vvine strw J RW LOt Aft 15upmf3dz ft l 5troet FxatstW / F&O& = nz Ex1aft Use of %Vrrty I vtf Ei ae Wownedo a mpti A 1 r 4 Mxkipe An UMd Use DedpWOon Amendment AMsested / Modolestim demnnd6e Pmuaent Zoning / Z=tp actaW Cie ~'vuiag ty / M4r~icatigm 0u.xa~tage ~ ~ 0 /7~ ~2G L afldlor / ❑ Text Amextnart (indioata.pautict&te) / Moddkedtm dw twft (bWk1 kn dkd1s) PID I NIP 279 04/20/2007 13::29 1 { PLANNI Ki AM DES- UP WE 04/04 rr rr SCHEDULE (PAGE. OU 5-) .Devellupment jFrQp l /Prvpjpsidm d'amdnagemtat mewl of ft*osal 1 Y r4dan de k gopttd= 4e .zn ,p , ' rl.~ •,I:~, /~r~ .,g.,~a rev gut ~00 x,17? . r You muatpprovtde cr waled Are. plarr id,al it uOraW goer propasaf You sray aim pr,dv & Phatog b4ildlow plow: ekvaztion &a+r A& and wry oths om of warMWOA The#m show tie di„e~n,stwtsaf ne prnPerh!: Ae f lax of=? bullditiA &,ftwas, pwdrtganmus,. latme ng m,d s Vm Ir is lmparm Wlhat dki tlido= between Ad proimrty baw2dzwy 43ad l 01angs = shot. Vow d rm rnlr ua plM ah.site d lIftheme i#lasmmt votr e propoei i x: Y mppnrr+ez d94Wrlmtfotrmir4*1Y phato9mok k d ,lsiarr~ e1¢ be nt; desk daVim, d'tgn 4qt t,+brttt aitt!MC f W7tit~ dr rec pfaYt, r7aii i,~er~t+~s r~ir~er~s~dna da ~apweid~ 1'~Tatire~.►t iiC ra tamwidsa m*W[ , at*s. drax rriraes de stan`o+oWW"A des x4;eoteifu ys ers et-Aff parrMA= & $"alisatim n"lmprw't+arrf 4nt,d"O lit dL tide dn" les li+wkT * lQ pmpr? td of I" bt8itaaplx Provide rectaalv these ammxhnem shot& be sped. / ]Fou=tbmt au[trr re ignprt¢71t cor se~aut vats prop4sitton qm pftnait &m 9;pmvvda. Grp err.Qp W ~~tP ? k> r :/a a Q /a C tryR ti a+ +~Gcr'v, ?ij, mac? Lr~i~.t•;~~e crtiarrv'! rrtb~ :~~~tiy 3 t'MO* may"other k about rl pro *W that vooWd be beW, i Foa n* tmA antra:mn*g 4vim cmc t wRtt propWdott 4W poatraoit ft OWL ,t /A CCU jJIrr[ 1.~Q yet? SiPMurt of ApPCW l S#gnat = du daaamWW ; Date / ❑ 8400 Appiicatian Fee Lacloemd I O-joint I% fras de demmN& 4 400 $ Ifyou are not die oww aftlre lartd lit gmssdox please nave tke owner sign bckw. Thr srgrrmrure of the owrrer a4whadr* Wa appUcatkn to proomd far comidemdawr byCoAmoff Gotwdl. Sim of OwDW of amuca#k) Signattri+o ft XV64 " (en y a Han) We: Si vm recess: pas It ptsap talr¢ dsr terr a en gaestton; vruilles od~xu Irt ~'~Orrrrp rlir pra5!+wiata~ detrs Iir:A~e ti #a us: La at m fa prop"A*e rotor sm,t k traltmoor do la p 4mOr atamide prurr Qm wft darn by amt fto"bad par le QmWil c*MMWML r C~ 280 SCHEl7lli_E "--I (PAGE 3 of Y-) City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; BudgetNumber: 110 08.01, 442 2010 Department: Common Clerk's Offim (Account # 71,206) Contact: J. Patrick waeds Pbonet (506) 658-1862 I Fax: (506)-67441. 14 Special instructions (if any): Newsoayer Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SSTJ City Information Ad Date(s); Tuesday, May 22, 2007 Tuesday, June 12, 2007 " SJTJ Independent PLRCement .Date(s)': SJTJ Classdleds Date(s); Information for Ad (Boldface anything you want Bold in Ad, Centre, `dab, etc.) Section Headline: General Notice Tender ❑ Proposal Public Notice Sub-Headline (if applicable); Text: INSERT ATTACHED Call to Action: J, Patrick Woods, Common Clerkffircfliet communal Contact: Telap. hoiie. (506) 65&2.862 281 SCHEDULE (PAGE _lLof PROPOSED ZONING BY-LAW AMENDMENT RE: 037 FIILLCREST ROAD Public Notice is hereby given that the Common Council of The City of Saint JoWi 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 18, 2007 at 6.00 P.m., by: Rezoning a parcel of land located at 937 Hillcrest Road, having an area of approximately 5490 square metres, also identified: as being PTO No, $5090526, from 0'.RS-1" One and Two Family Suburban Residential to "13-21' General Business: REASON FOR CHANGE; To permit a motorcycle repair garage on the same property as the applicant's residence. 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, f 5 Market Square, Saint John, N.B. between the hogs of 8:30 a,m. and 4:30 p.m., Monday through l riday, 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 13E MODIFICATION DE VARRIMt SUR LE ZONA GE OBJET : 937, CHEMIN KILLCREST Par les pr6sentes, un avis public est donn6 par lequei le oonseil communal de The City of Safnt.John indique son intention de modifier 1',arrdtd sur le zQnage de The City of Saint John, lors de la rtuninii ordinaire qui ser tiendra dens .la salle du ct nstil lo liundi 18 join 20107 A 18 h, on apporfant la modification suiva,nte: Rezonage dune parcelle de tetrain °situ& au 937, chemin Hillcrest, d'une supenccie approxinlativc de 5 490 m6tres owds et portant le NM 5509052.6, afin de faire passer la classification de zone .rdsidentielle de banlieae - habitations unifamiliales et bifarniliales <tRS-1sr 6. zone commerciale gdmdrale tz Ir3.,2 MOTIFS DE LA MODIFICATION : Pour permdttre l'am6nagement d'un garage, de r6paration de rnotocycl'ettes sur la m6n a propri6t6 que.1a r6sidence du requdrant. Toute personne .int&ess6e peut examiner la modification propos6s au bureau du greffier communal ou au bureau de Purbauisme et du d6veloppernent d I'.hStel de vilie situ6 au 15, Market Square, A Saint John, au Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jburs fdrids. Veuillez faire part de vos objections au projet de modification par 0orit 4 1'attootion du soussignd & 116te1 de ville. J; Patrick Woods, groffier cormmunal 658=2862 282 SCHEDULE 11~ r . (PAGE 5 of /,S7) PROPOSED: ZONING BY-LAW AMENDMENT RE 937 MLLCREST ROAD Public Notice is hereby, given that the Common Council of The City of Saint Jalui intends to consider amending The City of Saint John Zoning lay-law at its regular meeting to be field in the Courteil Ch4mber on Mondgy-, June it, 2007 at 6:00 p.m., by. Retuning a parcel of land .located .at 937 Hillcrest Road, having an area of appro imatoe y 5490 square metres, also identified 0 being PID No. 55090526, from 'IRS=1" One and Two Family Suburban Residential to "B-2" General Business. REASON FOR CHANGE; To permit a motorcycle repair garage on the same property as the applicant's residence, The proposed amendment way be itsapected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hof, 15 Market Square, Saint John, N.B. between the hours of 8;30 a.m, and 4:30 p.m., Mondaylhrough Friday, inclusive, holidays excepted. Wt'itten objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658-2862 PROJET DE MODIFICATION DE I,'AHRATE SUR LE ZONAGE OBJET 937, CHEMTN HILLCREST Par les pttsentes, un uvis public est dann6 par lequel le Conseil communal de The City of Saint Jahn indiquo son intention de modifier 1'arr6te sur le zonage de The City of Saint John, fors de la r6tthion ordinaire qui se tiendra daps la Salle du Conseil le lundi 18 Suin 2007 b, IS h,. on apportant la modification suivante : Rezonage dune parcelle de terrait; Shute au 937, chemine Hillerest,.d'une supergcie approximative de 5 49J0 m6tres carr6s et portant le NID 55090526, afin de faire passer In ciassifieation do zoae r6sidentlello do baiolieue - habitations unifamiliales et bifamiliales t<RS-1r~ ~ zone Commerciale g6n6ride «'B-2 r>. MOTIFS DE LA MODIFICATION : Pour permettre 1'amenagement d'un garage de reparation de motocyclettts sur la m6me propri6t6 de la r6sidence dui regu6rant. Toute,personne int6ressee peut examiner In modification proposer; au bureau du gret~er communal ou au bureau de Purbanisncme, et du d6veloppernent i 1'hdtdl de ville situd au 1$; Market Square; a Saint Johip, au Nouveau-Brunswick, entre 8 h 30 et 16:h 30 du landi au vendredi, sauf les jours f6668, Veuillez faire part de vos.objections au projet do modification par bcrit A 1'attentieni du soussigM 4l'h8tel de villa. J. Patrick Woods, greff`ier communal 658-2862 283 SCHEDULE 1 rc ~r (PAGE of BY-LAW ]NUMBER CX. y.r0- ARRtIt N° C.P.. f 10- A LAW TO A1v E,NI) AIL&'It5IOI)n?IANT VARRf Tt. THE ZONING BY=LAW SUR LE ZONAL; E DE ` ME CITY OF OFTHE CITY OF SAINT JOHN SA NT JOHN Be it enacted by The City of Saint I.ors dune r6union du conseil Jahn in Common Council convened, as commtuial,. The City of Saint Jnhri, a follows: d6cr&t co qui suit : Th6 Zoning ay-law of fhe.City of Varr&6 sur le zonage de The City Saint John enaoted ii the nineteenth day of of Saint John, citeret6 le &-nimf 19) DWern'ber, AXF, 2005js.arriendi3d by: ddcembte 2065, cal-trtadiA6.par : I AFttending Schedule "P.", the 1 4modifoatiorl:de`l`moxc,Mn, Zoning Map of The City :of Saint. John, by Plan do zonage do The City.ofSaintLJ0Iie4 r9.-zoning. :a parool of land iocO10 tit 937 pennetlant de Modifw Is. ftigrt ation Llano Hillerest Road, having an area of parcelle de termift Sltttbe Mi 937, theinin approximately 5,490 "stluhre metros, also Hillcrest, dine suoerficie appioxunat ve de identified as being PID No. 55090526, 5.490 matres carrels et poitant ]c from "RS=1" One and Two f4 nLily NIU 550.94526, An de faire passer la Suburban Residential to "B-2" Genera] classification de zone r@aidcntWIc de Business classification baWieue--habitations onifarniliales et bii'aritiiialesc+$S-1s~ azoneoommeroiale g&idriile « $ ~ ii. - all as shown on theplan attached haroto - toutes les Modifications sent indiqu6os sur and forming part of.this by-law, le plan ai joint ct font.partio du.prestrnt arr&d, M WITNESS WHEREOF The City of EN FOI DE QUOL The Oty of Saint John Saint John has catrsod the Corporate a, fair apposer scn sceau c6rnm tnal suf -le Common Seat orthe said City to be affixed piheiit artW to 2004; to iliis by-law the * day of A.D. 2007 avac ies signatures sufvantea and signed, by: Mayor/ Mahe Common Clerk/Oreffier communal First Reading - Prand6re lecture - Seoond Reading.- Deuxi6mme lecture TWrd Reading - Tro!Wwc iectute - 284 SCHEDULE ~ (PAGE of ~s) Mr. Tracy W. Summons Junell, 2007 330 I-Iiucrest Road Saint John, N.B. E2N 2131 Mayor McFarlane and Council: My name is Tracy Simmons and I am writing you this letter, ob}ceting to the rozoning. of 957 Iiillcrest Road. I moved to faint John almost sixteen years ago to work for the city, in doing so I found a wonderful new home on the Churahland Read. My wife and I really liked the peaceful, area . My family, like most do, got bigger and we out grew our home. We located a beautiful piece of property just around the corner on I illcrest Road and bought it. We purchased this property under the impression that there were several new building developments in. the works. Subdivisions wete planned by Kevin Steole, Mflw Dempster; Od Dennis. Landry of Residential Contractors. I though this would be :great for my -children, new homes, kids. for them to play with. Since spring we sbWed a 3904 square foot home over looking a lake.. T. was floored last weep when I noticed a huge fluorescent sip, stating Levesque's was moving and relocating to 937 Mllcrest Road.. I thought oh great way more traffic and motorcyles racing along this normally peaceful street. I gent and checked out 77 Golden Grove Road, the current location of Levesque's motoreyele shop. I noticed a large quanity of tires and other parts behind their business. There are also work bays and. a large showroom in front with a parts counter, it appears Mr. Levesque has a decent business operating, qualifying my concerns that there will be more traffic coining and going.from our neighborhood, I also feel that the city will loose future to revenue from people refusing to build new homes across the street from a motorcycle garage. Currently ReCclential Contractors have several new hoine building lots for We directly across the street from this proposed business. Please your worship and council do not allow this property to be rezoned and ruin "our little piece of the country in the city". Respectfully, Tracy Si nio . J+- 285 Panning Advigoiy Committee June 13, 2007 L Your Worship and Councillors, P.O. Box .19'71 506 658-2800 Saitit. Jahn New BrunWiCk CanadaE2L 4L1 SUBJECT: Proposed Rezoning - 937 Hillcresi Road On May 22, 2007 Common Council. preferred the above matter to the Planning. Advisory Committee for a report and recommendation. TheCommittee considered the attached report at its June 12, 2.007 meeting. SCHEDULE (PAGE T" of / Sl x City of Saint )ohn The property owner, Mr. Benin. Levesque, appeared before the Committee °'in support of the application. He indicated that he did not anticipate a substantial increase in traffic due to the presence of his business and that the bulk of the operations will take place inside the existing garage. A portion of the existing compound will be used for storage but would be screened by fencing. His stated intention was to retain the residential appearance of:his property. Mr. Mike McCaig (60 Marilyn Drive) addressed the Committee in opposition to the proposal. He expressed concem with regard to potential noise and increased traffic on Hillcrest Road if the rezoning. were to be approval, In addition, coneerri was expressed about the number of businesses, specifically vehi cle..repair garages, currently operating in the residential area. In addition to the above presentations, the Committee received a letter from Mark Freeze (905 Hillerest Road) expressing objections and concerns with respect to the proposal. A copy of the letter is attached. After considering the report, the IcUcr and presentations, the Committee adopted staff recommendation as set out below. R, COMM1, NDATION: That the application be denied. ReS tf . y abmitted, r 5 .ph n Horg Chairman PF Attachments 286 SCHEDULE -4:! J ~r (PAGE -J_of Planning and Development P.a. BoXJC,P, 197I Wbanlsme et ddvelappement Saint John, NB/N.-B. Canada 92L 4L t DATE: XNE 8, 2007 The; G.ty.pFSaittt john TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF TUNE 12, 2007 Patrick Foran Planning Officer SUBJECT- Name of Applicant: Bertin Levesque Name of Owher: Benin Levesque Location: 937 Hillerest Road 1PID: 15090526 Municipal Plan: Uriserviced Residential Zoning: "RS-1" One and Two family Suburban Residential Proposal: To rezone an unserviW residential property in order to permit a motorcycle repair gar-age. Type.of Application. Rezotni-ng and canditioftal use, 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 287 It rr SCHEDULE ~ Bertin Levesque Page 2 (RAGE ! of 937 Hillerest:.Road hirte 8, 2087 recornmendation will be considered by CDnirnon Council at a.Public Hearing on Mond-Ay, June 18, 2007. The Zoning By-law authorizes the Committee to impose terms and Conditions upon the establishment and operation ofa repair garage in the "BQ" General Business zone, STAFF REC6MMENDATIDN TO CO.MMI<TrTEE- That this application. be denied. INPUT -FROM OTHER SOURCES: Municipal Operations and -Engineering has no objections to the proposed rezoning and conditional use. Building and Technical Services indicate that floor plans of the garage including provisions for exiting and washrooms will be required as part of the pertnitting process. Fire Department has reviewed the proposal and has the following concerns and comments: E Spraying or undercoating operations, shall conform to the standards as identified in section. 5,4 of the National Building. Code of Canada 1995. • Hot works'(welding, etc) operations, shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1595. The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The. Propane Storage and Handling Code. • The heating system within the garage must satisfy the National. Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) Shall make an assessment as to the appropriateness of the electrical system to support the garage operations. '11c Saint John Fire Department's acceptance of the above rezoning. application :is conditional on the above conditions being. satisfied. N.B. Department of Environment and Local Government has been advised of the application. 288 Benin Levtsque 937 Hillerest Road ANALYSIS: Subject Property and Neighbourhood Page 3 June 8, 2007 SCHEDULE • r~i ~ r (PAGE l/ of ! Sj The subject property is situated on the Hillcrem Road in East Saint John (see attachments). The general. area is rural in character and there are currently -only approki iatel1y seven.(7). other homes within a quarter-kilometre radius of the property. There also appears to be a gavel lilt to the west of the site at 89714illcrest Road, approximately 85.metres (280 feet) from the boundary of the subject site. The property contains a dwelling set fear back from the road with an existing garage located to the west of the residence. There is a large paved driveway area separating the two buildings. Although most of the site is screened from adjoining properties by mature vegetation the garage, which faces east, is visible from the street when approached from. that direction, The applicant is requesting permission to establish and operate.a motorcycle repair garage from the existing accessary building on his residential property at.937 Hillcrest Road. The business is currently in operation at 77 Golden Grove Road and the applicant has indicated that the lease at the current location is due to expire. Because the landowner does not want to renew the lease the applicant would like to relocate the business to his. residential property. Aceording to the applicant, the hours of operation are nornially'froxn. 9:00 a.m. until 6:0.0 p.m. Mondays to Fridays and froth 9:00 a.in. until 1:00 p.m, on Saturdays: The applicant ind:icstes that there are usually 5-10 vehicles involved in'the business at any one time, General mechanical work is undertaken on motorcycles although no body work or painting is performed. In addition to the repair garage, the applicant would also have one to two all-terrain vehicles (ATVs) for. sale as well as motorcycle parts and accessories. The applicant would continue to reside. in the dwelling. Municipal Plan and Rezoning Consideration The general area is designated by the Municipal. Development Plan as Unseirvicced-Residential. The Plan envisions such areas in the community as being appropriate for the development= of larger residential properties with private on-site services. The Plan also recognizes that certain non-residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population; or are compatible with residential uses. Such land uses include, elementary schools, daycare. centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. Furthermore, the Plan encourages the:exclusion from residential areas those uses that arenot compatible with these neighbourhoods with respect to the following: 289 SCHEDULE fr Bertin Levesque page 4 (PAGE 2-of j5, 937 Hillcrest Road .Jane. 8, 2007 • Generation of traffic that is eNcessive in volunme and not local in. nature; • The production of smoke, dust, fumes or noise, The creation of hazardous or dangerous cotiditiorns by virtue ofthe operation, material or equipment used. A motorcycle repair garage is not envisioned by the Flan as being a corhpatible, use. in residential neighbourhoods. Indeed, the City has had to deal with a number of illegallnnn-c~onforming.repair garage and auto body shop operations in residential neighbourhoods over the years, The tra.Mo, outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as the noise, dust and fumes associated with such uses can -adversely affect the oharacter of residential neighbourhoods. It is recognized that the scale of the proposed business, is relatively small and that the.guage has a residential appearance and conforms to the residential accessory building staztdards. l3owover, although the area is sparsely populated at .present, there are several rural subdivisions in the vicinity-that are in the process of being developed; A repair garage specializing in_mototeyeles is not compatible with residential land use and approval of the proposal may adversely affect .not only existing residents of the neighbourhood but also reduce the desirability of tots in the developing subdivisions. While it is understood that the proposed scale of the business is limited, there always. remains the concern in the future that this business perhaps under new ownership, will not operate in the same manner. While conditions can be imposed by the City, such conditions often, fail to truly regulate the nature of the business by now operators who are :less sensitive to the residential neighbourhood. There is: also concem that this isolated commercial zoning will attract future interest for other businesses permitted in the "B-2" General Business zone. Again, while +conditions can be. imposed to limit the use of the property to this specific business, it is not unusual that other snare intensive business proposals are permitted due to the pre-.existing commercial zoning. CONCLUSION: There have been a number of similar rezoning applications in the past for repair garages in residential areas not supported by staff for the reasons mentioned in this report. Approval for this motorcycle repair garage cannot be rocommended. PF Project No. 07.176 290 SCHEDULE t (PACE of PLANNING AND 0 EVE LOPMENTIVROANISME ET DEVELOPPEMENT Location, 937, ch, Hillcre$t Road Date-, April 1 avril 30, 2007 A Scalel6chelle. Not to scalelPas a 1`echelie 291 Subject Site/site en question; 55090,526 {PAGE -1-0 292 Mark Freeze 905 hillcrest Road 5aintJohn, NQ E2iN 2137 June 6, 2007. rr ,r SCHEDULE (PAGE -L5 i Re: Proposed Rezoning and Cohditibnal Use Application 937 Hillcrest Road Planning Advisory Committee City of Saint John P.0. Box 1971 Saint John, N8 E21.41.1 Dear Planning Advisory Committee: My name is Mark Freeze and I am writing In regards to the re-zoning of 337 Hillcrest Road from a Residential to Commercial property, I have lived on Hillcrest Road for 14 years and rve seen this area build up over the years. What was once mostly an all. wooded area has now turned into a nice urban living area with subdivisions being constructed every few months. In the last two years, I have seen many new fam.ules move into this area, multiple subdivisions being constructed and the roads being repaired and repaved. I believe that with 937 Hillcrest Roar) being re-zoned as a coromerelal property this would create an excess of traffic as well as noise. With the roads being repaired and repaved'in the last couple years, this has created conditions to•which some drivers prefer to drive fast on with their motorcycles as well gas their automobiles, if this route is being taken on a regular basis by custc m.ors to this business, they may have a tendency to drive above the speed limit. This would create much more dangerous conditions, espgcfally where there are families rniith small children moving into the area each month. In the last few weeks, I have already started to notice an Increase of motorcycles entering and leaving this property at all hours of the clay and night. This has been an inconvenience to many neighbours as well as myself. I will presume that this will continue to increase as'this business opens in this location full time, as well as while it continues to grow. I hope you will consider refusing this.re=zoning request.. I believe it will cause a negative impact on the. community and possibly cause current residents to consider moving or cause potential residents to rnove`elsewhere. Thank you for your time. Sincerely, f Mark Freeze ' %Jlii~ 4 293 y PLANNING ADViQ-( i2- COMMITTEE MINUTES ! PAGE: 11 JUNE 12, 2007 2. The club or lounge is restricted to the existing building and a maximum of 84 seats. 8. The provision of entertainment in conjunction with the club or lounge is subject to the following restrictions. a) entertainment is restricted to the interior of the building; b) the sound from any recorded music or live entertainment must not be detectable outside of the building; c) "exotic entertainment" is prohibited. 4. Any car sales lot on the property is limited to the display of a maximum of five cars at any one time. 5. The existing gravel portion of the parking area must be paved and the existing paved area must be repaved with asphalt prior to the commencement of any club, lounge or car sales operation on the site. C. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a car sales lgt- at 69 Russell Street. CARRIED TCIGK Item 12: Bertin Levesque 937 Hillerest Road Proposal: To rezone an unserviced residential property in order to permit a motorcycle repair garage. Type of Application: Rezoning and Conditional Use. One letter opposed to the application had been received. Mr. Bertin Levesque, the applicant, appeared before the Committee and indicated he was not in favour of the recommendation. Mn Levesque explained that at his current operation he has arrangements to have the oil and tires removed from'the site once a month, At the new site, he indicated the garage is large enough that he does not need the whole area for the business, so he will use part of it to store the tires until they are picked up. He also plans on removiing a chain link fence and replacing it with a wooden one to screen part of the property. He intends to keep the property neat and tidy because his house is also located on the same lot. Since all the work will be conducted inside the garage, he does not anticipate any noise or fumes coming from the operation. The majority of his work is with ATVs and motorcycles that are towed to the site andrthen driven away once they are repaired. He explained the volume of traffic is already high on the road along with several dump trucks traveling the road and does not feel his business . would add to the volume of traffic. Regarding a concern about motorcycles traveling the road at high speeds, he noted that the road in front of his house SCHEDULE $A (PAGE f of oZ 294 A PLANNING ADVIS COMMITTEE MINUTES l PAGE: 12 L' JUNE 12, 2007 and for roughly a mile past his property is in rough condition. He feels this helps to hinder speeding. His business hours are from 8:30 a.m, to 4:30 p.m. Monday to Friday and 8:30 to 12 noon on Saturdays and he is the only employee. When asked if he has any retails sales, Mr. Levesque explained that he will sell the odd used motorcycle but it would be contained within the building. He continued he has no intention of operating a motor vehicle inspection station, as he does not do any work on vehicles. He only works on motorcycles and ATVs. Staff was asked for clarification on why it was felt the generation of traffic would be excessive from this proposal. Patrick Foran explained that given it is a residential street that is currently sparsely populated with roughly seven houses within a quarter of a kilometer from the subject site, he felt it would not take much to notice an increase in traffic. Past experience with these types of businesses is there does tend to be a noticeable increase in traffic; it is a commercial use in a residential zone. Mr. Mike McCaig, 60 Marilyn Drive, appeared before the Committee opposed to the application. He expressed concern with regard to potential noise and increased traffic on Hillcrest Road if the rezoning were to be approved. Mr. McCaig noted he had visited the present location of the applicant's business and saw there was a retail business for bike equipment, parts and clothing. He noted the front of the business was kept neat and clean, a bit unsightly to the rear but it was fenced and out of the view of the public. In addition, concern was expressed about the number of businesses, specifically vehicle repair garages, currently operating in the residential area. He noted the area is a rural area but it has the potential for future residential living. Mr. McCaig made note of different residential developments, which are currently being developed or have the potential for future residential development. Mr. Levesque re-appeared before the Committee and addressed the concerns raised. He noted he does not allow test-driving of any vehicles he may have, as it is too easy to damage a bike. He acknowledge there is a steady flow of motorcycles that drive on Hillcrest Road but stated it was not because of his business but rather because many people already own ATVs and motorcycles in the area. He re-iterated he intends to keep any storage within the garage and not outside. His property will not be unsightly. Mr. Levesque named the other businesses already operating on Hillcrest Road. The Committee considered the report and presentations and adopted the recommendation. It was MOVED and SECONDED that this application be denied. CARRIED BR/GK rc SCHEDULE . {PAGE 9 of ) 295 92-869 COMMON COUNCWCONSEIL COMMUNAL JUNE 18, 20071-Le 18 JOIN, 2007 identified as being a portion of PID Number 296673, from "RF" Rural to "I-1" Light industrial 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". 9.7a) Projet de modification de 1'arrete sur le zonage visant le 921, chemin Ashburn 9.7b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont Ste publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 921, chemin Ashburn, d'une superficie approximative de 4 000 metres carres at inscrite sous Is NID 296673, pour faire passer la classification s'y rapportant de zone wrale « RF » a zone d'industre legere « 1-1 afin de permeltre I'amenagement d'un entrep6t. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de Is seance du 12 juin 2007, pendant laquelle Is rwmite a resolu de recommander Papprobation, tells qu'elle est soulignee dens Is recommandation du personnel, voulant qua Is conseil communal procede au rezonage de Is parcelle de terrain situee au 921, chemin Ashburn, tells qu'elle est dacrite ci-dessus, sous reserve des conditions imposees par Particle 39. Le maire invite Is public a se prononcer contre Is rezonage, mais personne ne prend Is parole. Le maire invite Is public a se prononcer en favour du rezonage, mais personne ne prend la parole. Proposition de Is mairesse suppl6ante Hoolon Appuyee par Is conseiller White RESOLU que I'arrete intilule.« Arrete modifiant I'arrete sur le zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et portent Is NID 296673, afin de faire passer Is classification s'y rapportant de zone rurale « RF » A zone d'industrie legere « 1-1 fasse I'objet d'une premiere lecture. A Tissue du vote, Is proposition est adoptee. Premiere lecture par titre de Parretti intilule «Arrete modifiant 1'arrete sur Is zonage de The City of Saint John Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule a Arrete modifiant I'arrete sur Is zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superf icie approximative do 4 000 metres carres, situee au 921, chemin Ashburn et portant Is NID 296673, afin de faire passer Is classification s'y rapportant de zone rurale a RF » e zone d'industrie legere « 1-1 fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur Is zonage de The City of Saint John 9.8(a) Proposed Zoning By-law Amendment - 937 Hillorest Road 9.8(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090826, from "RS-1" One and Two Family Suburban Residential to "B-2" General SCHEDULE (PAGE / of ) 296 92-870 COMMON COUNCILICONSEIL COMMUNAL JUNE 18, 20071Le 18 JUIN, 2007 Business classification to permit a motorcycle repair garage on the same property as the applicant's residence. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend denial as set out in the staff recommendation, to re-zone a parcel of land located at 937 Hilicrest Road as described above. The Mayor called for members of the public to speak against the re-zoning with Hilicrest Road residents, Glen Filmore and Joe Speight, objecting to the residential area being compromised, possible increased traffic and possible decrease in the value of residents' properties. The Mayor called for members of the public to speak in favour of the re-zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the application to re-zone a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090526, from "RS-1" One and Two Family Suburban Residential to "B-2" General Business classification, be denied. Question being taken, the motion was carded. 9.8a) Projet de modification de I'arret>s sur Is zonage visant le 937, chemin Hillcrest 9.8b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique qua [as avis requis ont Este publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres et inscrite sous le NID 55090526, pour fairs passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliales a RS-1 » e zone Commerciale generate c B-2 n afin de permettre 1'exploilation d'un garage de reparation de motocyciettes sur la meme propriete qua la residence du demandeur. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle Is Comite a resolu de recommander le rejet de la proposition, comma Is souligne la recommandation du personnel, voulant qua le Conseil communal procede au rezonage de la parcelle de terrain situee au 937, chemin Hillcrest. Le maire invite Is public a exprimer son opposition au projet de rezonage : Glen Filmore et Joe Speight, taus deux residents du chemin Hillcrest, s'opposent au projet car ils craignent que la zone residentielle ne soit compromise, qu'il y alt une augmentation possible de la circulation at une diminution possible de la valeur des proprAtes des residents. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend 1a parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLD qua la demands de rezonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres at inscrite sous le NID 55090526, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliaies « R5-1 » a zone commercials generale « B-2 soit rejetee. A I'issue du vole, la proposition est adoptee. 11. Submissions by Council Members ! r~ f / SCHEDULE (PAGE 0- of °Z ) 297 i, t Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des batiments Saint John, NB/N,-B. Canada E21, 4L1 www.saintjohn,ca July 10, 2007 Case Number: 07-00000650 Bertin Levesque 937 Hillcrest Rd Saint John, NB E2N 2B7 Dear Sir: FIRST NOTICE !Et SCHEDULE 3' (PAGE / of 6 ) Our records indicate that you are the owner of the following property: Address: 937 Hillcrest Rd PID 55090526 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. I will re-inspect your property within the next two weeks. If you have any questions or concerns, please contact me at 658-2911 for further information, Regards, Darryl Berube Technical Services Inspector Attachment 298 VIOLATION DETAIL PAGE I CASE NUMBER 07-000 J6 v 1f Fr PROPERTY ADDRESS 937 HILLCREST RD SCHEDULE S (PAGE o-2- of ? VIOLATION: 800A QUANTITY: 1 ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by common council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. BYLAW DESCRIPTION The City of Saint John Building By--Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED : The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 299 Buildings and Inspection Services Services d'inspection et des batiments www.saintjohn.ca July 26, 2007 Case Number: 07-00000650 Bertin Levesque 937 Hillcrest Rd Saint John, NB E2N 2B7 Dear Sir: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada EM 4L1 SECOND NOTICE SCHEDULE f a " (PAGE, 3 of 6 ) Our records indicate that you are the owner of the following property: Address: 937 Hillcrest Rd PID 55090526 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. This was previously brought to your attention. You are requested to correct the violation by August 9, 2007. 1 will re-inspect the property at that time. Please contact me at 658-2911 if you have any questions. Regards, Darryl Berube Technical Services Inspector Attachment 300 C,.ASE NUMBER PROPERTY ADDRESS VIOLATION DETAIL 937 HILLCREST RD PAGE ( SCHEDULE f -T it (PAGE ofi__4;) VIOLATION: SODA QUANTITY: 1 ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by comrrion council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. BYLAW DESCRIPTION : The City of Saint John Building By-Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED : The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 301 Buildings and Inspection services Services d'inspection et des batiments www.saint}ohn.ca August 15, 2007 Case Number: 07-650 Bertin Levesque 937 Hillcrest Road Saint John, NB E2N 2B7 Dear Sir: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 FINAL NOTICE SCHEDULE " (PAGE 4f.3 Our records indicate that you are the owner(s) of the following property. Address: 937 Hillcrest Road PID 55090526 An inspection of your property has revealed that you have not corrected the violation of the Zoning By-Law brought to your attention in previous letters. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. You are hereby ordered to correct the violation before August 29, 2007. Failure to comply may result in legal action to obtain your compliance. Please contact me at 658- 2911 if you have any questions. Regards, David G. M. Crawford, P. Eng. Deputy Building Inspector c: Darryl Berube , Technical Services Inspector Attachment 302 V l l/ LC? J. L Div wrl I l-1I L PAUE CA.S~Y NUMBER o 7 0 a t650 F SC ~ REDUCE PROPERTY ADDRESS 937 HILLCREST RD (PAGE 6 of Ga ) VIOLATION: SODA QUANTITY: I ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by common council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. LfLAW DESCRIPTION : The City of Saint John Building By-Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 303 L -C b' O. J SCHEDULE " (PAGE 1 of S ? NQ LU LJj LU (R 305 Fr SCHEDULE (WAGE :5 of A v to 0 w D C.D (PAGE S of S ) SCHEDULE / ~ Lfj . SCHEDULE 910 ADMINISTRATION (PAGE _-Lof,. _L) (1) Enforcement (a) The Building Inspector is authorized to enforce the provisions of this By-law. (b) The Building Inspector has the right to enter at all reasonable times upon any property within the City for the purposes of making any inspection that is necessary for the administration or enforcement of this By-law. (c) Whenever the Building Inspector shall find, in the case of any permit heretofore or hereafter issued pursuant to subsection (2), that such permit, including any of the terms and conditions under which such permit was issued, has not been or is not being complied with, he is authorized, after 30 days notice to the owner or occupant of the affected land, building or structure to suspend or revoke such permit or take other action as he deems necessary to ensure compliance or remedy. (2) Chanae in Use (a) No person may change the purpose for which land, buildings or structures, wholly or in part, is used without obtaining a permit. (b) A person wishing to obtain a permit under this subsection shall make application therefor to the Building Inspector, which shall: (i) be filed on forms obtainable at the office of the Building Inspector; (ii) be signed by the applicant; (iii) state the intended use of the land, building, structure or part thereof; (iv) show the location, extent and layout of the new use; and (v) contain such other information as maybe required for the purposes of establishing if the new use conforms to the requirements of this By-law. (3) Amendments (a) A person who seeks to have this By-law amended shall (i) address a written and signed application therefor to the Council; (ii) submit with the application a fee of $400 payable to the City of Saint John; and (iii) file a copy of the application with the Committee. (b) The Council may, if it deems fit, return all or any part of the fee mentioned in this subsection, (c) An application under this subsection shall include such information as may be required by Council or the Committee for the purposes of adequately assessing the proposal. 190 309 ( SCHEDULE t~ Community Planning Act (PAGE -L-of o-~- 1 Chap. C-12 80(1) Subject to subsection (2), where a regional plan, rural plan, municipal plan, basic planning statement, development scheme or urban renewal scheme indicates that certain land may be required by the Minister or a municipality for a purpose de- scribed in it, compensation for such land on expro- priation shall not include any amount in respect of an unauthorized development on such land after the date of the statutory notice of intention to adopt, or to recommend adoption of, such plan, statement or scheme. 80(1) Sous reserve du paragraphe (2), lorsqu'un plan r6gional, rural ou municipal, une declaration des perspectives d'urbanisme ou un projet d'amena- gement ou de renovation urbaine indique que le Mi- nistre ou la municipalite peut avoir besoin de cer- tains terrains pour une fin qui s'y trouve d6crite, 1'indemnite d'expropriation de ce terrain ne doit comprendre aucun d6dommagement a 1'6gard d'un amenagement non autoris6 sur cc terrain et poste- rieur a ]a date de ]a notification legale de ]'intention d'adopter cc plan, cette d6claration ou cc projet ou d'en recommander ]'adoption. 80(2) A judge of The Court of Queen's Bench of New Brunswick, on the petition of a person affected by subsection (1), may order that compensation be paid in respect of a development mentioned therein if he is satisfied that such development was under- taken in good faith without knowledge of any re- striction imposed thereon by this Act or any plan, statement or scheme hereunder. 1972, c.7, s.80; 1979, c41, s.19; 1994, c.95, s.34. PROHIBITION RE DEVELOPMENT 81(l) Except as otherwise provided in this sec- tion, no person shall undertake a development and no building permit or development and building permit shall be issued for such development unless the development officer having jurisdiction ap- proves such development as conforming with, where it applies to the land on which the develop- ment is located, (a) any municipal plan, basic planning state- ment, rural plan, development scheme or urban renewal scheme (i) in effect, (ii) in respect of which an adopting by-law has been the subject of a resolution under paragraph 68(1)(a); or 123 80(2) Un juge de la Cour du Banc de la Reine du Nouveau-Brunswick peut, sur requete d'une per- sonne visee par le paragraphe (1), ordonner le paiement d'une indemnite pour un amenagement y mentione6 s'il est convaincu que cet amenagement a et6 entrepris de bonne foi, sans que ]a personne sa- che qu'il existait des restrictions imposees par ]a pr6sente loi ou par tout plan, toute declaration ou tout projet adopte en application de la pr6sente loi. 1972, c.7, art.80; 1979, c41, art.19; 1994, c.95, art.34. INTERDICTION D'AMENAGEMENT 81(1) Sous reserve des dispositions particulieres du present article, nul ne peut entreprendre un amd- nagement et nul permis de construction ni aucun permis d'amenagement et de construction ne peut We delivr6 a cet effet, a moins que ]'agent d'ame- nagement comp6tent n'approuve cet am6nagement comme etant conforme, quand it s'applique au ter- rain sur lequel ]'amenagement a lieu, a) a un plan municipal, ~ une declaration des perspectives d'urbanisme, a un plan rural ou a un projet d'amenagement ou de renovation urbaine (i) en vigueur, (ii) pour lesquels Parretti les adoptant a fait ]'objet d'une resolution en vertu de 1'alinda 68(1)a); ou 2001-12 310 rt rr SCHEDULE" Chap. C-I2 Loi sur 1'urbanisme (PAGE Z' of R ) (iii) in respect of which the Minister has (iii) a 1'6gard desquels le Ministre a publie published a first notice under paragraph un premier avis conformement a I'aIin6a 68(i)(b); 68(1)b); (b) subject to paragraph (a), any zoning or de- ferred widening or controlled access street by- law or regulation (i) in effect, or (ii) in respect of which the council has adopted a resolution under section 71, or the Minister has published a first notice under paragraph 68(1)(b); and (c) a regulation under subsection 77(i)(h.1), (1) in effect, or (ii) in respect of which the Minister has pub- lished a first notice under paragraph 68(1)(b). 81(2) The provisions of subparagraphs (1)(a)(ii) and (iii) and subparagraph (1)(b)(ii) cease to apply (a) in the case of a resolution under paragraph 68(1)(a), when the by-law becomes valid or when it fails to become valid because of the op- eration of subsection 68(6) or because the coun- cil does not meet the requirements of paragraph 69(1)(b) within a reasonable time, (b) in the case of a resolution under section 71, as provided in subsection (1) thereof, and (c) in the case of a first notice, six months after the day the notice was published. 81(3) A permit under this Act, or the approval of a regional development, or a poster or placard in lieu thereof, shall be posted, in a prominent place on the property in respect of which the approval is 2001-12 124 311 b) sous reserve de 1'alinea a), a un arretd de zo- nage ou A un r6glement de zonage ou a un arrete ou un r6glement d'61argissement diffdre ou de li- mitation d'acc6s des rues (i) en vigueur, ou (ii) a 1'dgard desquels le conseil a adopte une resolution en vertu de Particle 71 ou le Ministre a publie un premier avis conforme- ment a Palinea 68(1)b); et c) un r6glement etabli en vertu de Palinea 77(1)h.l) (i) en vigueur, ou (ii) a I'dgard desquels le Ministre a publie un premier avis conformement a 1'alinda 68(1)b). 81(2) Les dispositions des sous-alindas (l)a)(ii), (iii) et (1)b)(ii) cessent de s'appliquer, a) dans le cas d'une resolution prise en vertu de 1'alin6a 68(1)a), lorsque 1'arrete prend effet ou lorsqu'il ne prend pas effet en raison de Pappli- cation du paragraphe 68(6) ou parce que le Con- seil ne satisfait pas aux conditions de 1'alinea 69(1)b) dans un ddlai raisonnable, b) dans le cas d'une resolution prise en vertu de ('article 71, selon les modalites fix6es au para- graphe (1) de cet article, et c) dans le cas d' un premier avis, six mois apr6s sa publication. 81(3) Tout permis delivre en vertu de la presente loi ou I'approbation d'un amenagement regional ou toute affiche ou tout placard en tenant lieu doivent etre places par ]a personne nommee dans le permis 86-709 COMMON COUNCIL NOVEMBER 10, 1997 ffq/ It Question being taken, the motion was carried. SCHEDULE f 18. City Market By-Law Amendment (PAGE l of Sundav Openina. November 16 Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the City Market By- Law with regard to Sunday opening on November 16, which was given first and second readings on November 3. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to Sunday opening on November 16, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 19. Designation Of Building Inspector For Enforcement Proceedinas Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By-Laws on !November 3 on the grounds that the resolution purporting to authorize the Building Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the property at 407-409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by-laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon a. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garage which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint John, NB, for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. Question being taken, the motion was carried. 312 SS-710 COMMON COUNCIL NOVEMBER 10, 1997 On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. voting "nay". Question being taken, the motion was carried with Councillor Brown On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by-laws, including the Zoning By-Law and the Building By-Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. 20(a) Appointment Of Deputy Chief of Police tbl Re Actina Chief Of Police 20(a) Consideration was given to a report from the City Solicitor, submitting for Council's consideration three resolutions prepared following the November 4 Committee of the Whole meeting, Resolution No. 1 which would operate to create a new job description for the Deputy Chief of Police position; Resolution No. 2 which would operate to appoint Grenville F. Ingraham to the position of Deputy Chief of Police of the Saint John Police Force for a term of five years commencing at 5:00 p.m. on Friday, November 14, 1997; and Resolution No. 3 which would provide for the rr If SCHEDULE IV_ (PAGE 1;? Qg 19- ) 313 M & C 2009 - 124 May 7, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: '111t. L& u: ia Juhn SUBJECT: Public Information Session - Pipeline Road West Water Transmission Main Installation from Spruce Lake to Gault Road PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Pipeline Road West Water Transmission Main project, and to update Council on the status of the project. BACKGROUND The approved 2009 Water & Sewerage Utility Fund Capital Program includes a project for the constriction of a new 3400 in long water transmission main generally parallel to Ocean Westway from Spruce Lake to Gault Road. It also includes the installation of a smaller distribution water main along sections of Ocean Westway that are currently serviced by the existing large cast iron main built in the 1890's. The project's design and constriction management was awarded to CBCL Limited earlier this year. This project will be funded under the Gas Tax Fund Agreement. ANALYSIS Constriction of the project is scheduled to begin in late summer of 2009 and is expected to be completed in 2010. Staff are proposing to use the New Brunswick Department of Natural Resources (DNR) right of way, which is currently a portion of the NB Trail, for the route of the new water transmission main. Staff have tentative approval from the DNR for an easement over their land. This is a major project that will impact the local area during constriction. For this reason it is appropriate to hold a Public Information Session to allow local residents and others an opportunity to view the project design drawings, ask questions and give their feedback on the constriction project. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. 11 - m -0 ~1 ~ ~ 314 M & C 2009 - 124 May 7, 2009 Page 2 The areas affected will be the upper end of Gault Road and Ocean Westway from Manawagonish Road to Spruce Lake. The public is invited to attend an information session on this project that is scheduled to be held at Victory Assembly on Gault Road on Wednesday, May 13, 2009 from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councilors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 315 The 011 ctf 9-anr. Ohn PUBLIC INFORMATION SESSION Pipeline Road West Water Transmission Main Phase II Spruce Lake to Gault Road The City of Saint John has advanced the recommendations of the 1999 Water Strategy as well as the West Saint John Water System Reconfiguration of 2004 to address water system planning throughout the City of Saint John. The strategy includes recommendations for the replacement of transmission main from Gault Road to Spruce Lake. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The areas affected will be the upper end of Gault Road and Ocean Westway from Manawagonish Road to Spruce Lake. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, May 13t", 2009 Place: Victory Assembly, 70 Gault Road Time: 2:00 p.m. - 4:00 p.m. and 6:00 p.m. - 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, Consulting Engineers, at (506) 633-6650. 316 The 011 ctf 9-any. Ohn SEANCE D'INFORMATION PUBLIQUE Conduite d'eau principale du chemin Pipeline Ouest - Phase II Du lac Spruce au chemin Gault Dans le but d'aborder la planification du systeme d'aqueduc sur 1'ensemble de son secteur, The City of Saint John a formule des recommandations a 1'egard de la Strategie d'epuration de I'eau de 1999 et de la reconfiguration du reseau d'aqueduc dans le secteur ouest de la ville. La strategie comporte des recommandations pour le remplacement des conduites principales d'eau du chemin Gault au lac Spruce. Des representants de The City of Saint John et des membres de 1'equipe de conception du projet seront a votre disposition pour repondre aux questions relatives au projet propose. Les zones concernees seront I'extremite superieure du chemin Gault et la voie Ouest Ocean, du chemin Manawagonish au lac Spruce. Le public est invite a assister a une seance d'information sur ce projet a la date et aux heures suivantes Date : Le mercredi 13 mai 2009 Lieu : Victory Assembly, 70, chemin Gault Heure: De 14 h A 16 h et de 18 h A 20 h Pour obtenir de plus amples renseignements sur ce projet, veuillez communiquer avec le consultant (CBCL Limited, Consulting Engineers) au 506-633-6650. 317 REPORT M & C #2009-128 r.~i May 11, 2009 His Worship Mayor Ivan Court And Members of Common Council City ofSal.nt John. Your Worship and Councillors Re: City of Saint John "Website BACKGROUND The purpose of this report is to address the referral from Common Council requesting the City Manager to consider engaging a professional company to give an assessment of the City's website. This report will also provide and Council with a brief update as to the status of the website upgrade. ANALYSIS Over the past year concerns have been raised with regards to the City's website both in terms of functionality and content. Steps have been initiated at the administrative level to address these concerns. The project is being undertaken by the Communications Department. Based on a review of best practices, Communications staff determined that our citizens and staff would be best suited to help guide the direction we tape in developing a website that best suits their needs. To that end, in April a public meeting was held and a web survey was deployed. Staff is currently compiling data received from the public meeting and online survey. Meetings with various city departments will soon begin. With this needs assessment information, a "functional specification" will be developed. A functional specification is documentation that describes the requested behaviour of an engineering system (in our case the website). The documentation will describe what is needed by users as well as requested properties of inputs and outputs. It will address both internal and external requirements. We are aiming to complete this specification by May 30. The next step will be to determine what resources internally (and externally if required) will be needed to redesign the website,. 318 PORT TO COMMON COUNCIL M & C #2009_.128 May 11, 2009 Re: City of Saint John Website M 11 I'll We also need to ensure that we have the resources to maintain both programming and content, including a specific plan and approach with regards to French translation of website content. We are attempting complete this work in a timely manner while at the same time working with the limited financial resources we have to support the project. Staff feels that external resources, if required, are best used in the actual development of components of the site rather than at the needs assessment phase.. City of ;Saint John It should also be noted that while this assessment work is being undertaken staff are continuing to make improvements to the existing website. IT has been fortunate to add a web developer to its staff and the Communications Department is currently recruiting a Content Coordinator. In the past month, the following features have been added to the website: • Twitter (as a means to disseminate information) • Biz. Pal in conjunction Service New Brunswick. • Parking tickets can now be paid online • We continue to add information (see Saint John Water) • News section updated at least three times per week RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Nancy M r• i' Comm tiications Mana q Terry L. Totten F.C.A. City Manager 319 REPORT ~ ("OUNCIL Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council. SUBJECT: ST. JOSEPH'S HOSPITAL FOUNDATION CANE CONNECTION CAMPAIGN Attached please find the initial letter to Common Council related to the St. Joseph's Hospital Foundation's request of the City of Saint John. This letter was subsequently followed by an Open Session presentation by Mr. David Barry on November 3, 2008. The motion at that time was as follows; "Resolved that the request for $100, 000 in funding by St. Josephs Hospital Foundation be directed to the City Manager for consideration during the 2009 budget deliberations. Unfortunately, during Council's budget deliberations staff was unable to find any reference where this particular item was addressed, not withstanding Common. Council had appeared to be very supportive of the Foundation's work at the time of the public presentation. Recently, the Mayor and City Manager were visited by Foundation volunteers who were asking what Council's decision was on their request. Regrettably, the City Manager had to inform them that he was unable to find where Council had approved funding. However, the City Manager did indicate he would undertake to place this item before Council in the event that an oversight had occurred. The request was that the City of Saint John contribute $100,000 to the Care Connections Capital Campaign. Staff has been unable to identify an area where a $100,000 contribution could be made in 2009. However, in analysing the City's Budget document, staff has noted that in a line item described as "Contracted Services" in one department's submission, an amount of $140,000 was approved. Staff now know that in 2009, we would expect the annual fee for this contracted service to be $114,000, resulting in an under expenditure of $26,000. If it is the wish of Council to show support for the St. Joseph's Hospital Foundation and be part of contributing to the necessary health and wellness infrastructure in our community, then Council should consider the following resolution. 320 1 11 21 1-1- o o ]:t 1:rt;rt t.a C,o11)ni0a1 C oudlCi1 aal ~°a°t: ~ I . .1 ")r ,ep h l~ us itto I l aaarsd lr tnc~au Cac C o 11 n c c t i o r s C l a m 1) i n RECOMMENDATION: That Common Council approve a total contribution of $75,000 to the St. Joseph's Hospital Foundation's Care Connection Campaign with payment to be made in three equal instalments of $25,000 in each of the years 09, 2010 and 2011. sp tfully sub tted, A-L r Terrence L. Totten, FCA CITY MANAGER 321 q areConnections St. Joseph's Hospital...7bmarrow's healthcare. Today. August 11, 2008 Mayor and Councillors C/O Common Clerks Office 8'h Floor City Hall P_O. Box 1971 Saint John, N.S. E21_41_1 Dear Mayor and Councillors, 1 am writing to you on behalf the Chairman of the Board of St. Joseph's Hospital Foundation, Mr. David Barry. Mr. Barry along with retired Vice-President of Aliant, Mr. Peter Jollymore are Co-Chairing St. Joseph's Hospital F'oundation's first ever capital campaign, CareConngctions. I am writing to determine if you would consider scheduling a presentation to Council from the Foundation requesting support for our campaign, St. Joseph's hospital has been described as the "the almost perfect hospital - a hospital of the future" because of its same day delivery of highly specialized services. A successful campaign means building a healthcare capacity at St. Joseph's that connects Saint John residents to the right care, at the right time, in the right place. In 1914 the Sisters of Charity of the immaculate Conception founded St, Joseph's Hospital in Saint John, Now, almost 100 years later, St. Joseph's Hospital still plays a vital role in the healthcare of Saint John and the Province of New Brunswick. St. Joseph's comprehensive Women's Wellness Centre houses the region's only breast screening program Other clinics housed in St. Joseph's is a Urology Centre attracting patients from across Eastern Canada with its comprehensive urological care and the Province's only prostate ultrasound. St. Joseph's Hospital Foundation is working in partnership with Atlantic Health Sciences Corporation and the CN Province to provide comprehensive, efficient healthcare, build healthy communities and to provide the resources and education necessary for individuals to enhance and be responsible for their own health and well being. St. Joseph's today serves in excess of 300,000 patients annually. Our $3 million dollar CareConnectlons Campaign will enable the Foundation to support three priority projects identified by Atlantic Health Sciences Corporation: • Computerized Tomography (CT) service $1,100,000.00 • A lithotripsy machine for the Kidney Stone Centre $1,200,000.00 • A Digital Mammography Machine for Women's Health $700,000.00 With the addition of the above technology, St. Joseph's will be able to provide more efficient care by earlier detection of breast cancer, less invasive treatment of painful kidney stones and a faster return to normal life and more efficient diagnosis and treatment of a variety of medical conditions. Thank you for your time and consideration of this request I look forward to presenting to Council and providing you with more detail of our initiative as well as the benefits to Saint John as it moves forward with it's next stage of growth and leadership. /Sincerely, /~.~c,.u--c Laurie Flood Executive Director St. Joseph's Hospital Foundation Charitable registration no.BN119 18 3525 RR0001 St. Jciseph's Hospitol, 130 Bayard, Drive, Saw John , New Brunswick E2L 316 el, 506-632-5595 l"ala@re92.health nb.co vw,v.silosep'r.shospitolfc>undation.com 322 REPORT TO COMMON COUNCIL M & C -2009-142 May 21, 2009 His Worship Mayor Ivan Court and Members of Common Council (14''Of saint John Your Worship and Councillors: SUBJECT: STOP-UP AND CLOSE PORTION OF MITCHELL STREET BACKGROUND: Hughes Surveys and Consultants Inc. are representing the owner of Mitchell Apartments Inc. who owns the property identified on the attached plan as PID number 23531. This property contains a total of 72 dwelling units contained within an apartment complex. The above noted property surrounds the entirety of Mitchell Street, being a public street within the City of Saint John. No other property benefits from the use of Mitchell Street or its municipal services infrastructure. The owner is requesting to stop-up and close, and subsequently purchase the majority of the Mitchell Street right-of-way to allow the conversion of the apartments contained on the subject property to condominium units. The only portion of Mitchell Street that will remain open is immediately adjoining Parks Street. This will remain a public street to provide access to a City owned pump/lift station. ANALYSIS: As noted above, Mitchell Street serves only one property. For years, the property owner has been responsible for the snow ploughing of Mitchell Street. The municipal services contained within the street right-of-way benefit only the 72 apartment units. If Council is agreeable to the street closure and subsequent sale of the property, Mitchell Apartments Inc. will acquire responsibility and ownership of these services. City Engineering has had a number of discussions with the proponent and has reviewed the servicing and survey plans for this proposal and have no concerns with the street closure and subsequent sale of this property. There are municipal services that currently encroach onto the Mitchell Apartment Inc. property near the southwestern corner of the street to be closed. City Engineering will require a municipal services easement over this area. The proponent is aware of this request and is prepared to grant such an easement to the City. 323 REPORT TO COMMON COUNCIL Staff and the proponent have discussed the sale price for the affected parcel of land if the street is closed. It is expected the transaction will include market value for the closed street and a separate agreed upon price for the City to acquire the necessary easement. The proponent will be also be responsible for all costs , associated with the administrative process to close a street; including advertisement, translation and survey work. Staff would provide a further report'} ;04 u to Council for their consideration on this matter once the total price is determined The recommendation contained in this report will facilitate the process for the street closure of the subject property. HY, of 'W11 A: John RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close a 1,689.2 square metre ± portion of a public street known as Mitchell Street, be set for Monday, June 15, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Cuc 324 v 4• •4 O 1 .r y 4rA s~ qy ~a m 0 N ~ .+a 7.R ]3 P Q U • I, Y +'3 a , ~ P 111 w •nt G and closure of portion of Mitchel Description of Plan. potential to adjoining property. Street and subsequent conveyance N PID: N/A Address: Mitchell Street Pan: N/A Date: May 7► 2009 TM n qy 325 -T - 0 0 Yt .~~.J e~e~ p~ / i \ ieaa~5 ate: .~s6 ay a.~E ~Sf€Rx r.~Jno,$W 3 ~~ss _ IZ,OJ \ a. \ Wmf*sr pm, >°26 ~P 3a 73647CD 0\p Je / t y 736470[ 52 Po`ales 1 ] or[c,~n,,: P•[ N a 6.~ er+=•ot62 aW,-.2tl tram W~et,«ie on N. E J W✓ ~ M a's 16160 / . rJ~ \ 6'S 3 f5S5 NPR taE IN ae R ...,.tW IT ®.s+ dWgw~ ~ wa \ _ _ , at. a'oe,c.,et o,- see ~ tW 2515.E Edith E. Colkin-~& Della M. Moo- _=g n / 2 At \ PropriBtii Edith E. Colkin d[ Delta M. Hoar a6 by 6 € e, ' t 2) saw d,ffda'xcW t ® met•e,. v.. t.. a,..sr. aea aas Dz 2,092.20- xE, j~, / 55 ,q„W3 wr 5 X25 ux e9. 'ea...a [nce M~ o 3 j ~.•ev ad twee a•.€ p.r.. z1aa~` :nee Ra. p ie®. 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Sts 10a72 2354 5W 3" Ma u,,../wcn s} aeR a G Nuiu 7 W. 353546 F .161 IN me Fag Mir /uc1 & 9 ~ Rtraa ema ~ eea ae CAU ry,-'e;3-P C108 r'L(<J 1ro+ea,s_a 3ca-.e Fv: te' apP ice /r O: teu• oe. r c eamn~aee red alai caco,7 326 Registration Data/Information d'enregislrement a1 The Ci oP Saint john May 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Re. Presentation - Reversing Falls Master Plan Common: Council engaged the Glenn Group of Landscape Architects to prepare a master plan to re-develop the Falls area into a world class tourism attraction. Working with the representatives from the Waterfront Development Partnership, the Harbour Passage Working Group, city staff and community volunteers, the Glenn Group has hosted public meetings, held focus groups in various Cities and completed a comprehensive analysis of the development potential of this phenomenon. The final report is now complete and the committee is requesting an opportunity for Mr. Glenn to present a summary of his findings and recommendations to Common Council. City Manager 1 6r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 wwwsainkjohn.ca. I C.P. 1971 Saint John, N.-B, Canada E2L 4L1 327 _J0 REPORT TO COMMON COUNCIL May 6, 200'.4 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: GRANT REQUESTS: BOB'S AND GIRLS CLUB OF SAINT JOHN SOUTH END DAY COMMITTEE The attached two requests were referred to the City Manager on Monday for a report for Council's consideration. The City of Saint John For the record, Common Council has approved an amount of $60,000 so as to allow Council to support various activities or public celebrations throughout the year. At the time of approving this allotment, Council was provided with a list of recommendations that totalled $31,000 and staff has been disbursing these funds consistent with this pre-approved list. Since that time, Council has approved a grant to Symphony New Brunswick in an amount of $5,000.00, leaving Council with an unencumbered balance of $24,000. Obviously, both requests for assistance are worthy of consideration by Common Council. Support for a National Youth Conference, and for an effort to create a heightened sense of community pride within the South End, are both worthy endeavours. Having said this, Council must always be concerned with setting a precedent albeit it can be argued that one has already been set. Council should also bear in mind that there is more than six months remaining in our fiscal year and Council will no doubt receive similar requests from very worthy organizations, events, conferences and celebrations. With this in mind, should it be the wish of Council, the following resolution would be appropriate. 1. Approve a grant to the Boys and Girls Club of Saint John in the amount of $1,000.00 as sponsorship of the National Youth Conference. 2. Approve a grant to the South End Days Organizing Committee in the amount of $1,000.00 in support of the South End Days Festival. 328 P C }pup f I Ikl1C ~'p C'c}p.parc:il ut-I 111, Y t, ~'l~ iJc11uesis Te I,,.., a _ J CITY MANAG k 329 04/14/2009 15:55 506-648-0604 BOYS & GIRLS CLUB PAGE 02/04 ' Boys & Girls Club rr - r 4~ 'yJ of Saint Jahn A good palace to be Attention: BGARD of DIRECTORS Founding Presldent: Duncan M, Wathen Mayor [van Court (1804 »9989) Members of Common Council president David J. Merrlih~ew Re: Funding Request 9" VIC;ePMIdenh Date: April 17, 2009 Catherina ftnanes], CA, e Vice-president THE BOYS ARID GIRLS CLUB OF SAINT JOHN, INC. Cory S. Gallant and Treasurer. CattcariRa Rfgrrane96, C:.A. THE BOYS AND GIRLS CLUBS OF CANADA PRESENTS THE 2009 NATIONAL, YOUTH CONFERENCE., Secretary: Amanda Masters "CLICK'09-When it Clicks, it Makes Sense"! NO P=Went: Cad A. White The Bays and Girls Clubs of Canada and the Brays and Girls Club of Saint John would like to respectfully request financial support from the MEMBERS City of Saint John for the hosting of the National Youth Conference: in Cony Srienza what will be an amazing opportunity for youth. Peter T, Dolan 1M. (MOO) Ferguson Richard T. ,!ones On May 2:0-24, 2009, close to 200 youth and staff from Boys and Girls Scott McK)rmQn Clubs across the country will converge in beautiful Saint John, New Audrey McLaan Brunswick for a week full of new opportunities, experiences, Todd Potter friendships, knowledge and new energy to bring back to their home Arthur L Path Lynn Reclvr Clubs! Philippe Richard Michael P. Schulze The conference will take lace at the University of New Brunswick, Scott Stacey Saint Jahn Campus and is geared to youth ages 14-18 years old, Shannon Wheaton ideally with some leadership experience or interest. EXECUTIVE DIRECTOR The Boys and Girls Club of Saint John and the BGCC are looking Deborah A. (pebble) Cooper forward to hosting Click '09, a conference dedicated to creating EXECUTIVE DIRECTOR opportunities to understand and explore personal, local, and global EMERITUS challenges. Margaret E. Nodweli i Paul Harris Street s y PO Sox 2441 rn%A Saint John. NB 1521. V9 T 506 634-2011 P 506 BSS-0804 Xrc ncr era r c wva www,beccan.oorn 310 330 04114/2609 15:55 506-648-0804 BOYS & GIRLS CLUB PAGE 03/04 Boys & Gilds Club of Saint John A goad place to be BOARD OF DIREOTQRS Founding President: Dun= M, Wathen In addition to motivational keynote addresses, the youth will experience (1904-1989) formal and informal workshops and speakers. These workshops will provide an opportunity to make sense of things that "click" through a President focus on yourself and personal wellness, your community and conflict dg~i " resolution, your region from a technological view, and your world as a I" Vitae-President: whole. Catherine Rignanesl, C.A. 2m 10o~-Preent We would greatly appreciate your due consideration to our request for C ary S. Gallant $2,000.00 to off-set conference costs as outlined in the attached budget. Tease contact Scott McKinnon, conference co-chair at 644- Treasurer: 9229 (cell) or Carl White at 643-2990. Catherina Rignanesl, CA„ s~r~tary: We would appreciate being notified of your decision to participate by Amanda Master's contacting one of the aforesaid stated contacts. Past President Thank you and we await your reply. Carl A. White MMERS Cony E3renm You s truly, Pater T, r Pe f J.M. (Mau) y lonft on / Richard T, Jones Scott McKinnon Girl. Whitt ScottMcKlnnon Conference Co-Chair Host Committee Amy McLean Toed Potter Arthur L. Pottle Lynn Rector Philippe Richard Michael F. Schutzo Scott Stacey Shannon Wheaton EXECUTIVE NRECTOR Deborah A. (Debbie) Cooper EXECU 1VE DIRECTOR EMERITUS Margaret E, Nodw>all 1 Paul Hanis Street L PO Box 5441 1 Saint John, N13 ~ . 2L 0Vs!'S D T 634-2011 F SOHO 64 -0804 rtrcra4rsa fix. wwmbgrman.00m 312 331 04/14/2009 15:55 506-648-0804 BOYS & GIRLS CLUB PAGE 04/04 BOYS AND GIRLS CLUBS OF CANADA BOYS AND GIRLS CLUB OF SAINT JOHN , HOST 2009 National Youth Conference (May 20-24, 2009) BUDGET EXPENDITURES ~ Accommodation, meals and conference venue (4 nights & 4 daps) Conference - speakers, workshops, events & activiiies Day Trip Transportation to the conference venue from the airport & for conference activities Youth Steering Committee planning Communications (logo creatrvn, print material, signage,banners, shipping) Registration kits tl Conference Management Miscellaneous ITOTA1. rzxPEN6MREs SPECIFIC SOURCES OF REVENUZ Conference registrations (175 people x $275 per person) Sponsorship: Sears Microsoft Other BGCC Sponsors Conference Host Club Fundraising 130ys and Girls Clubs of Canada Foundation iTQTAL REVENUE 311 332 AMOUNT ~ 50,000 ~ 17,s0o ~ 10,500 3,500 10,000 3,500 9,000 10,000 4,125 1~s,12~ . 1 TOTAL 46,'1,25 20,000 90,000 16,000 9,000 15,00+0 118,125 P n - April 81h, 2009 Mayor Court and City Councilors: This letter is to inform your worship and fellow councilors of the upcoming 2089 South End Days and how you and your team can help us make this neighborhood festival a success. The South End Days Planning Committee is a group of community volunteers who work together within the neighborhood and with community stakeholders to produce the annual festival. The committee works, draws and counts on community support and donations to make South End days a success in the City of Saint John. This year's festival is planned July 17-191b, 2009, This year's honorary chairman is city councilor Donnie Snook, In 2008, people from the South End Peninsula of Saint John came together to plan a one day event that celebrated their neighborhood and the people who lived there. If one thing was evident from last year's success it was that this neighborhood was very proud of where it came from and that it wished to create a new tradition, As such for 2009 the festival will be bigger and better with it spanning over 3 days. This year we have a fundraising goal of $20,000,00 in order to grow South End bays into a great 3 day festival, as such we are reaching to local organizations to help us attain our goal through donor dollars or in kind donations. We believe that we all have a stake in our community and we are asking that Saint Jahn Common Council consider a donation of $2500.00 or perhaps if better suited an in kind donation of police services during the festival. Your support and contribution will help with the much needed growth and vibrancythat our great city needs. We look forward to discussing your contribution and we would be honored to have Saint John Common Council as a major sponsor of our festival. 1 will follow up with you later next week to discuss your possible contribution, Respectfully submitted, Carl Trickey South End Day Committee Head 506-636-8000 mmanorbb@nbnet.nb.ca 307 333 ~ ' 0 REPORT TO COMMON COUNCIL May 11, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: An Accountability Framework for the City of Saint John City of Saint john When Council met in September of 2008 to establish priorities for their four year term of office the following goals were identified: - We will have City services that are delivered efficiently and effectively at an equitable tax rate Our citizens/ratepayers consistently recognize municipal service as being effective at a supportable cast Associated with these goals Council established the following priority: Value for money audit and management benchmarks will be complete. Upon completion, staff will develop a plan that mandates a report on efficiency and effectiveness three times a year. Over the past several months staff has been working on an accountability framework for the City of Saint John. This framework sets out actions that are being taken to address Council's priority. One of the areas that will be focused on in the presentation is the move to a service based budget commencing with the 2010 budget year. While a significant amount of work has been completed we are at a point where we need to have discussions with Common Council to ensure that the direction being taken will meet your needs. Staff would like to have an opportunity to present the Accountability Framework to Common Council at an open Committee of the Whole session. We would request that Council consider holding this meeting on Tuesday, May 191' at S:OOpm. Respectfully submitted, ,✓1 Andrew-' . Beckett C.A. ut' City anager - o s & Priorities Terry L. Totten F.C.A. City Manager 334 Your Worship and Members of Council, SUBJECT: VALUE ENGINEERING UPDATE ACTION PLAN FOR SAFE. CLEAN DRINKING WATER Along with clean air and a safe, respectful community, healthy drinking water is vital to the life of every single citizen of this fine city. Council has recognized this and made safe, clean drinking water its foremost priority - stating its position clearly and unequivocally. Council has also stressed the critical importance of affordability; Saint John must achieve modern drinking water standards that will ensure access for all citizens; costs fairly and equitably distributed among water users. So, what is the City of Saint John doing? In response to Council's priority direction, an Action Plan for Safe, Clean Drinking Water was put forward for its consideration in October; and then updated in January 2009. On February 2"d, 2009, Council resolved to: 1. Reaffirm its priority commitment to safe, clean drinking water. 2. Endorse the Action Plan for Safe, Clean Drinking Water and its 50 actions. Make securing of funding support from senior levels of government for safe, clean drinking water a foremost element of its community leadership role. 4. Commit to a comprehensive communications and public education program on the Action Plan for Safe, Clean Drinking Water. The Action Plan outlines a direction towards assuring safe, clean and reliable potable water. From the outset, it was recognized that much planning and engineering work remains. People who have taken the time to review the Action Plan document in its entirety will see that it lays out a multi-faceted strategy for putting in place the facilities and systems needed to assure drinking water quality - at a price the community can afford. It will, no doubt, be an expensive initiative; but more importantly it is about something far more profound - the essential well-being of people and their good health. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE Id f. 335 VALUE ENGINEERING UPDATE - ACTION PLAN FOR SAFE, CLEAN DRINKING WATER MAY 21ST, 2009 REPORT TO COMMON COUNCIL, M & C 2009 -144 PAGE 2 VALUE ENGINEERING A key element of the Action Plan dealt with the important matter of ensuring value for the investment being contemplated. Part 13, Assuring Value, outlined a process to achieve a standard of quality and level of performance that reflects the most prudent allocation of resources. It defined success as achieving a desired standard of performance at the lowest possible life cycle cost. Value = Essential Functions / Resources Through follow-up reports to Council, consulting services were engaged to perform a series of value engineering workshops on the Action Plan, arranged as follows: 1. System-Wide / Major Issues (March 9t" to 14t") 2. Program Delivery Strategy (May 7t" and 8t") Detailed Technical Review - Treatment and Infrastructure Needs (June 8t" to 12t") Value engineering (VE) is a systematic, function-based evaluation process that seeks optimal efficiency and best value, focusing explicitly on the best possible outcomes for the investments being made. Value methodology is leading edge; recognized for its practicality and the positive performance and financial outcomes that it produces. The process is studying every critical aspect of the Action Plan, including treatment specifications, number and capacity of plants, project delivery options, risk, and source sustainability. It seeks innovative solutions and evaluates each issue objectively. Svstem-Wide / Maior Issues The first phase of the VE process was presented with a range of strategic questions, including the optimal number (one or two) and locations of water treatment facilities, the most appropriate design capacity of each treatment plant, separate potable and industrial water systems East, essential transmission system upgrades, and the matter of a second crossing of the Saint John River and East-West interconnection. The January 2009 plan concept included treatment plants both East and West, with a total capacity of 140 ML/D (100 East and 40 West). There would be new and/or renewed potable watermains constructed, including two new watermains at the Reversing Falls Bridge, several treated water storage tanks and piped industrial water systems both East and West. Water conservation and water use management programs would be implemented, with universal metering across the entire family of users. The multi-disciplinary VE team of consultant specialists, working with our preliminary design consultants and City staff, applied structured VE analysis methods. The team looked for different and innovative solutions, and evaluated the many ideas put forward. In the end, the process recommended a somewhat revised general direction. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 336 VALUE ENGINEERING UPDATE - ACTION PLAN FOR SAFE, CLEAN DRINKING WATER MAY 21ST, 2009 REPORT TO COMMON COUNCIL, M & C 2009 -144 PAGE 3 The preferred concept flowing from VE Workshop #1 includes: ca Aggressive water conservation, water use management and leak detection ca Implementation of universal metering as soon as possible ca A West WTP deferred until overall demand increases, with existing disinfection facilities maintained as an emergency back-up water supply West ca An East WTP with a total capacity of 1 10 ML/D, moved closer to the centre of the city (say, somewhere between Lakewood and Silver Falls) ca Water transmission mains between Latimer Lake and the area of the treatment facility used to support both potable and industrial flow requirements, and phased construction of new mains (pre and post WTP commissioning) - making use of the best existing mains in the interim ca Industrial water systems (piped) both East (1) and West (2) ca Several new and/or rehabilitated potable watermains both East and West ca Two new watermains at the Reversing Falls Bridge becomes a high priority ca Consideration of a second crossing (pipe bridge) of the St John River at a different location at some point in the future ca Construction of several new treated water storage tanks East of the river While the changes proposed should reduce overall costs, they also present new challenges. Detailed information and costs are being developed through the planned value engineering and preliminary design processes. We need to work throuah these, comDlete the necessary engineering work. Detailed design will ultimately specify all needs. Only with all reauired information can the Action Plan be finalized. Proaram Deliverv Strateav The second workshop focused on the program delivery strategy. It assessed alternative ownership and project delivery options, including risks associated with the different approaches. Work is underway to finalize the recommendations of this value session. Detailed Technical Review -Treatment and Infrastructure Needs The third workshop is a detailed value engineering review that will analyze specific treatment and system infrastructure needs. This session will further identify value opportunities and clarify service requirements thus making the path forward clearer. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 337 VALUE ENGINEERING UPDATE - ACTION PLAN FOR SAFE, CLEAN DRINKING WATER MAY 21ST, 2009 REPORT TO COMMON COUNCIL, M & C 2009 -144 PAGE 4 Shovel Readv Proiects Although Action Plan details are yet to be finalized, several projects are well advanced in terms of engineering; at or near the "shovel ready" stage, that can be completed by March 201 1 . A list of these projects, totalling $23,995,000, is provided below: 1. West - Pipeline Road West ($5,700,000) Install 3400m of 600mm diameter water transmission main between Spruce Lake Pump Station and Gault Road Pumping Station, and install rider water mains for local service to customers on Ocean Westway. 2. East - Beaverbrook Avenue ($2,195,000) Install 1400m of 400mm diameter transmission main from PRV#107 (Metcalf Street) towards the Somerset Street pumping station to improve flows and enhance reliability for the Hospital and North area neighbourhoods. West - Dever Road ($3,900,000) Install 1800m of 600mm diameter transmission main between Manchester Avenue and Main Street West and install 500m of 300mm main around the Irving Equipment site for a second feed to Milford-Randolph-Green head. 4. West - Reversing Falls Bridge Transmission Mains ($3,800,000) Install insulated twin 500mm diameter potable water mains across the Reversing Falls Bridge. 5. East - Phinney Hill Transmission Mains ($7,000,000) Install a single 3200m of 1200mm diameter water transmission main from Phinney Hill to the Lakewood Heights pump station. 6. District Metering Program ($1,400,000) Installation of system water meters necessary to support district metering. Proaram Manaaement The Action Plan for Safe, Clean Drinking Water is a complex undertaking of a magnitude that dwarfs anything previously taken on by the City of Saint ,John. You have competent, committed people suited to leading this major transformation (with the continued support and guidance of Common Council). However, it is essential that adequate program management resources (combination of staff and consultants) be put in place to implement this initiative. Staff expects to be reporting to the next meeting of Council with a proposal for putting those needed resources in place. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 338 VALUE ENGINEERING UPDATE - ACTION PLAN FOR SAFE, CLEAN DRINKING WATER MAY 21ST, 2009 REPORT TO COMMON COUNCIL, M & C 2009 -144 PAGE 5 FINANCIAL IMPLICATIONS The City of Saint John and Saint John Water must work through the processes put in place to develop reliable cost estimates for the entire program of Action Plan projects. It will be important also to schedule implementation to reflect available funding and the City's cash flow structure. Bottom Line The City of Saint John will achieve needed outcomes at the best possible cost to users; a commitment that must be unequivocal. COMMUNITY DIALOGUE There needs to be an informed and factual dialogue taking place in the community on the fundamental importance of assuring safe, clean drinking water. RECOMMENDATIONS It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, For Saint John Water Terrence L. Totten, FCA City Manager OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 339 May 21, 2009 M & C 2009 - 139 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Westfield Road Reconstruction BACKGROUND '111t. LA' u: ia Juhn The Westfield Road requires full reconstruction. Existing vertical and horizontal alignments along portions of the road do not meet recognized standards for safe vehicle and pedestrian movement. Over 20% of the asphalt surface is too deteriorated to be sustained with asphalt maintenance treatments. Portions of the storm water system are undersized and most storm culverts require replacement. Most of the road does not have a sidewalk, pedestrian access is one of the main requests of the surrounding community. Common Council approved design projects as part of the 2008 General Fund Capital program to initiate the required upgrades. A preliminary design of the entire road as well as detailed design of Phase A (Acamac Backland Road to Westfield Road Civic 42300) is nearing completion. The Terrain Group, Inc. has been completing the design work on behalf of the City. The surrounding neigbourhoods of South Bay, Acamac, Ketepec, Belmont, Morna, and Martinon have provided input into the design since the beginning of the project via the River Road Community Alliance (RRCA). This organized community group has been gathering feedback through their meetings and its Executive has been part of the project steering team. ANALYSIS The scope of this project has significantly increased since its inception. Asphalt surface maintenance treatments were initially planned for most of the road but preliminary design revealed the need for complete reconstruction. The deteriorated state of portions of the asphalt surface, horizontal and vertical alignment changes, increase in road width to accommodate vehicular and bicycle lanes, and the need to replace storm water cross culverts made the existing road base unsalvageable. The need to complete major design and constriction work on a 11 - m "0 ~I ~ ~ 340 M & C 2009-139 May 21, 2009 Page 2 provincially owned bridge over a railway line at the west end of Westfield Road also contributed to the increase in project scope. Common Council approved as part of the 2009 General Fund Capital program two projects to allow milestones to continue toward upgrading the entire road. $150,000 was approved for detailed design of Phase B of the project. Funding for one-third of the $3,270,000.00 ($1,090,000.00) required for constriction of Phase A was approved in the 2009 Program and was included as part of the "Special Infrastructure Program" stimulus submission for the additional two-thirds funding. Staff is proposing a lengthened constriction schedule to account for the expanded scope and the absence of funding support from other levels of government. Initially, it was hoped constriction of the entire road could be completed in five years. Updated estimates, based on the more in- depth evaluation of the preliminary design process, indicate that it will cost over $18 million to fully reconstruct the 7.8 lair of Westfield Road to modern standards. Table 1 summarizes the revised cost estimates. Given the necessary expanded scope and associated costs, implementation must be scheduled over a longer period, perhaps seven years or more. Municipal funding capacity is limited and, as such, funding support from others will be essential for more timely completion. Recognizing this reality and the importance of completing this work, the City considered this project an ideal candidate for the Federal infrastructure stimulus initiative. Table 1: Proposed Phased Plan to Reconstruct the Westfield Road Phase Project Type Limits Entire Preliminary Design ~ Entire Road A I Design Acamac Backland Road Construction to Civic 42300 B I Design Civic 42300 Construction to Penny Roadway C Design Penny Roadway Construction to Highfield Avenue D Design* * * Highfield Avenue Construction to River Road Co-Op E Design Bay Street Construction to Lawrence Long Road F Design Lawrence Long Road Construction to Acamac Backland Road TOTAL * Amount based on actual approved Design Services Agreement Amount includes estimate for construction management services Design and construction of a DOT bridge within this section mug Aaork. Funds for this Aaork not included in above estimate as it is NB Department of Trans portation. Estimated Cost Earliest Year of (before HST) Completion *$206,000 2008 (Underwav) *$44,000 12008 (Underway) **$3,475,000 2009 - 2010 $58(_),000 2010 $3,882,000 2011 $358,000 2011 $2,382,000 2012 $195,000 2012 $1,290,000 12013 $510,000 2013 $3,400,000 2014 $300,000 2014 $2,010,000 2015 $18,632,000 t be completed concui7ently with the road assumed finding Ai-ill be provided by the It is proposed that Phase A be constricted over two years - 2009 and 2010. Constriction from Acamac Backland Road to (and including) a major storm culvert in poor condition immediately 341 M & C 2009-139 May 21, 2009 Page 3 west of the Saint John Marina would be completed this year and constriction between the Marina and Civic 42300 in 2010. Staff however is aware that available constriction companies are reaching the level of workload that they are able to commit to for the 2009 constriction season, staff therefore recommends providing flexibility in the amount of work that is completed between 2009 and 2010 when drafting constriction tender documents. A meeting will be held within the next few weeks to review details of Phase A work with the community. FINANCIAL IMPLICATIONS The estimated cost of constriction and constriction management services for Phase A (Acamac Backland Road to Civic 42300) is about $3,475,000. Without funding support, it is not possible to fiend this phase within the existing 2009 General Fund Capital Program approved envelope. Three options to find constriction of Phase A are therefore presented: 1. Fund Phase A over the 2009 and 2010 General Fund Capital Programs while maintaining the overall 2009 program envelope. With this option the originally approved $1,090,000 would be invested in 2009 followed by an additional amount of $2,385,000 to be approved in the 2010 Program. 2. Fund Phase A equally over the 2009 and 2010 Programs. With this option $1,737,5000 would be invested in each of the two years requiring an amount of $647,500 above the current program envelope for 2009 and $1,737,500 to be approved for 2010. 3. Fund Phase A over the 2009, 2010, and 2011 Programs to maintain the overall 2009 program's envelope. With this option the originally approved $1,090,000.00 would be invested in 2009 with the balance ($2,385,000) split equally between the 2010 and 2011. Option 2 is staff's recommended option. Although Option 1 permits the 2009 program's envelope to be unaffected by the revised cost for Phase A, it transfers higher finding commitments to the 2010 program. Option 3 similarly does not cause impact on the 2009 envelope and it lessens the impact on the 2010 program but it would extend the constriction timeline into 2011. Option 2 shares equally the funds needed to complete Phase A over 2009 and 2010 and would permit the next phase to be considered in the 2011 program so that overall project implementation for the community can continue. The updated estimated cost of completing the detailed design of Phase B is now $580,000 given the increased scope of work. Given that this exceeds planned allocations, staff proposes to defer detailed design of Phase B to the 2010 Program. 342 M & C 2009-139 May 21, 2009 Page 4 RECOMMENDATION It is recommended that Common Council approve Option 2 described herein for finding and implementation of Phase A of the Westfield Road Reconstruction project as follows: • An additional $647,500 be approved in the 2009 General Fund Capital Program and • $1,737,500 be pre-approved for the 2010 General Fund Capital Program Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 343 M&C-143 May 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Zoning By-law Amendments for Accessory Buildings and Structures BACKGROUND: Over the past 2'/_ years, the Planning Advisory Committee has dealt with over fifteen applications to permit an increased height and/or increased ground floor area of residential accessory buildings (such as detached garages). Only one of these applications was denied by the Committee during that period. The number of such routine variance applications suggests that amendments to the Zoning By-law's standards for accessory buildings may be appropriate in order to streamline the development process. ANALYSIS: The attached report by Dillon Consulting analyzes the recent variance applications for accessory buildings and compares the City of Saint John's regulations with those of other New Brunswick municipalities. The report recommends certain amendments to the Zoning By-law that, if adopted by Common Council, would recognize changing design trends, resulting in a reduction in the number of routine variance applications. The recommended amendments include: increasing the maximum height of an accessory building from 43 metres (14 feet) to 6 metres (20 feet) in urban residential zones, and from 5 metres (16'/ feet) to 8 metres (261/4feet) in all other zones, adding a new provision that limits the distance from average grade to the eave line to a maximum of 43 metres (14 feet) in urban residential zones and a maximum of 6 metres (20 feet) in all other zones, increasing the maximum ground floor area of accessory buildings, in rural, park and residential zones, from 60 square metres (646 square feet) or 5% of the lot area (whichever is greater) to 70 square metres (753 square feet) or 6.5% of the 344 Report to Common Council Page 2 lot area (whichever is greater), with an upper limit of 120 square metres (1,291 square feet), increasing the minimum side and rear yard setbacks from 1 metre (3.3 feet) to 3 metres (10 feet) in cases where the accessory building is 70 square metres (753 square feet) or more in ground floor area. The proposed amendments would also add accessory buildings and structures as permitted uses in the "TH" Townhouse zone, in order to correct an apparent oversight in the current zone provisions, and would introduce new regulations prohibiting the use of shipping containers or tractor trailer containers as accessory structures in all zones except industrial zones. It is recommended that Common Council refer the proposed amendments to the Planning Advisory Committee and schedule a public hearing. RECOMMENDATION: That Common Council schedule a public hearing for the proposed amendments to the Zoning By-law with respect to accessory buildings, for Monday, July 20, 2009 at 7:00 p.m. in the Council Chamber, and refer the proposal to the Planning Advisory Committee for report and recommendation. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager hF/r 345 Accessory Buildings: Proposed Zoning By-Law Amendments FINAL REPORT City of Saint John April 2009 ~ n Dillon Project No. 08-9739 346 347 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 RECENT VARIANCE APPLICATIONS 3.0 STANDARDS IN NEW BRUNSWICK 4.0 ANALYSIS 5.0 SHIPPING CONTAINERS 6.0 RECOMMENDATIONS Dillon Consulting Limited 3 3 5 7 9 9 348 349 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 "11I, . III I"I "III Over the past two years, the City of Saint John Planning Advisory Committee (PAC) has experienced a significant increase in the number of variance requests to permit accessory buildings with a height in excess of 5 metres or a footprint larger than the Zoning By-law standard. The increase in these types of requests can be attributed to recent changes in design trends combined with rural and suburban lot sizes. The current by-law can be amended to accommodate changes in design trends in a way that continues to limit building bulk in relation to lot size, mitigate the visual and shadow effects of the structure on other properties and ensure that accessory structures conform to neighbourhood context. Making these amendments will reduce these types of variance requests and will save time and resources for both City of Saint John staff and the PAC. This increase in efficiency will be critical as development in Saint John continues to accelerate and will enable staff to devote additional resources to high priority planning issues. To that end, this report includes an overview of recent variance requests for height and size of accessory buildings, a review of accessory building height and size restrictions in other New Brunswick municipalities, an analysis of the best approach for Saint John and recommended amendments to the Zoning By-law that will recognize changing design trends in order to reduce the number of these variance applications. . I " N .....1111...' 11 IIII N 1.' 1 IIII C IIII I Maximum Height for Accessory Buildings The maximum allowable size of an accessory building in Saint John rural and suburban zones is dependant on lot size - the larger a lot, the larger an accessory building may be. Recently it has become common to construct detached garages with steep roof pitches that match the roof pitch of the home - a more aesthetically pleasing design than an accessory building with a flat roof. Unfortunately, although suburban and rural zones allow accessory buildings with larger footprints, the Zoning By-law height standards in these zones are not high enough to accommodate steep roof pitches. Under the current City of Saint John Zoning By-law, the maximum height of an accessory building from grade to peak is 5 metres for rural and suburban residential zones (RR and RS zones). The maximum height for accessory buildings in urban residential zones (R and RM zones) is 4.3 metres. As a result of the recent design trends described above, the PAC has experienced an increase in variance requests for accessory building heights between 6 and 7 metres (see Table 1). City of Saint John employees have devoted significant resources processing these applications: site visits, preparing files and reports, attendance at PAC meetings and answering questions from the public and applicants. Dillon Consulting Limited 3 350 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 Table 1. Requested variances to increase the maximum permitted height of accessory buildings (2007-08) 89 Keating Road RS-2 Max. height to 6.23m Approve Approve 55 Aspen Street RR Max. height to 6.5 m Approve Approve 37 Highfield Avenue RS-2 Max. height to 5.5m Approve Approve 134 Owens Road RS-1 Max. height 6.7m Deny Deny 40 Jadvo Street RR Max. height to 7.3 m Approve Approve 354 Point Road RS-2 Max. height to 6.27m Approve Approve 2600 Loch Lomond Road RS-1 Max. height to 6m Approve Approve 754 Sand Cove Road R-113 Max. height to 5.2 Approve Approve As summarized in Table 1, staff recommended approval and PAC approved the majority of these height variances, most of which were located in rural and suburban zones. These zones allow accessory buildings with larger footprints; however, the height standards in these zones are not high enough to accommodate steeper roof pitches. Standards and lot sizes in urban zones only allow smaller footprints for accessory buildings and the height standards generally accommodate the desired roof pitch for these structures. When considering the suitability of a garage which exceeds the height requirement, staff typically consider: the bulk of the building in relation to the size of the lot, the ability to increase the setbacks from the property lines to reduce the impact on neighbouring landowners and the visual impact of the structure. As shown in Table 1, Staff recommended against only one variance - 134 Owens Road - primarily due to the fact that the property was an undersized, unserviced lot and the accessory building would have been larger than the main structure, a one storey bungalow. Both of these occurrences - particularly together - are rare. In the majority of cases, larger accessory buildings had little impact on surrounding properties and few objections or concerns were voiced by neighbouring property owners. Maximum Floor Area for Accessory Buildings Variances are also commonly requested to allow accessory buildings with larger footprints than permitted (Table 2). Under the current Saint John Zoning By-law the maximum cumulative ground floor area for all accessory buildings and structures on a lot in most zones is the greater of 5% of the lot area or 60 square metres. Maximum accessory building floor area variances have occurred in both urban and suburban zones. PAC has approved variances for accessory structures larger than the standard of 60 square metres in urban zones with small lots. Similarly, in suburban zones with larger lots, PAC has approved accessory buildings with floor areas larger than the By-law standard of 5% of the lot area. Despite some significant variance applications, staff only recommended against one - the proposed garage at 149 Starburst Lane, which was substantial in size and only 1 metre from the property line. As noted in the table below, PAC approved all eight variances. Dillon Consulting Limited 4 351 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 Table 2. Requested variances to increase the permitted lot coverage of accessory buildings (2007-08). L LLI L LL L1I L L1 1J.L._ _l~. l11 _._LI 149 Starburst Lane R-1B 900 m2 60 m2 74.3 M2 Deny Approve 754 Sand Cove Road R-1B 1500 mZ 75 mZ 95 mZ Approve Approve 70 Sproule Road RS-1 1380 mZ 69 mZ 89.3 mZ Approve Approve 2 Westrbook Avenue RS-2 1460 mZ 73 mZ 87 mZ Approve Approve 117-121 Cindy Lee R-2 400 mZ 60 mZ 67 mZ Approve Approve Street 262 River Hill Drive R-1B 750 mZ 60 mZ 71.3 mZ Approve Approve 660-670 Charles R-2 - 60 mZ 71 mZ Approve Approve Street West 541 Loch Lomond RS-1 1410 mZ 70.5 mZ 84.6 mZ Approve Approve Road 3.0 II ~ l D IIII lI lI E B l U lI C IIII Maximum Height for Accessory Buildings Municipalities in New Brunswick use a variety of approaches to restrict the maximum height of accessory buildings. Table 3 provides an overview of a number of different standards used by New Brunswick municipalities. Table 3. Height standards in New Brunswick municipalities for accessory buildings in Residential Zones. Moncton 2.19 Accessory Structures Fredericton 5.4 Accessory Structures Quispamsis 8(G) in R1 Zone Rothesay 5.4 Accessory Structures and throughout the residential zones St. Martin's 16.2.3 Saint John 830 1ci Maximum of 6 metres - varies for each roof type Height of main building, or 6 metres Maximum of 5 metres or one storey Maximum of 6 metres -with an extra 1 metre setback for every metre over 3 metres Maximum of 8 metres to the highest point on roof Maximum of 5 metres (rural & suburban zones) Maximum of 4.3metres (urban zones) How roof height is measured in each zoning by-law is as important as the maximum height standard. The City of Saint John Zoning By-Law currently defines height as "the vertical distance from average grade to the highest point on a building or structure but excluding appurtenant spires, belfries, cupolas, antennas, water tanks, silos, elevators, ventilators, chimneys, mechanical penthouses or other structures not intended for human occupancy provided such structures do not exceed 10% of the area of the building". Dillon Consulting Limited 5 352 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 The City of Moncton Zoning By-law regulates the height of accessory buildings differently for different roof types. The maximum height to the top of any roof is six metres. In addition the maximum height is 4.5 metres from grade to deck line for a mansard or gambrel roof, and 3m from grade to eaves for gable roofs. A gable roof narrows as height increases. Compared to a flat-roofed building, a gabled roof will have less bulk and therefore cast smaller shadows and stand out less on the skyline. Mansard and gambrel roofs have two pitches - with the lower pitch much steeper than the upper pitch. In terms of shadow and visual intrusiveness, the lower pitch on a mansard roof generally creates an impression similar to a wall. Building height is regulated to the top of this roof pitch to minimize the shadows the building casts. Generally the top pitch on a mansard or gambrel roof is relatively flat and regulating the height of that roof pitch is less important. The City of Fredericton Zoning By-law defines height as "the vertical distance measured from average finished grade to the highest point of the roof surface in the case of flat roofs, or to a point halfway up the roof in the case of pitched roofs, excepting special parts such as tanks, elevator penthouses, spires, skylights, cupolas and similar structures which occupy less than 10% of the volume of the building." Similar to Moncton's definition, this height definition recognizes that gable roofs and hipped roofs require different standards than flat roofs. As the gable roof narrows, or steps back, it stands out less on the skyline and casts less shadow. The definition only regulates the height of the lower, bulkier section of the roof. Accessory buildings, however, are not permitted to exceed six metres in height, from grade to the highest point of any portion of the roof. The final approach to regulating maximum height is to require larger setbacks as building height increases. In the Town of Rothesay, height standards for accessory buildings are structured in this way. The maximum height for an accessory structure is 6 metres. In addition, accessory buildings must be located at least 2 metres from any property line, plus an additional metre for every metre of height in excess of 3 metres. This common approach of matching height and setbacks recognizes that structures farther from property lines will have less effect on neighbouring properties. Adopting this approach may not reduce the number of variances as many property owners are only able or willing to place their accessory buildings in a certain location. Some would be unable, or unwilling, to meet setback requirements and would request a variance for side yard setbacks instead of a variance for accessory building height. If the accessory building was higher than the maximum height, property owners could apply for both variances. Maximum Floor Area for Accessory Buildings Each of the abovementioned municipalities has different standards for gross ground floor area of accessory buildings (Table 4). In Saint John, a maximum floor area of 60 square metres for accessory buildings currently applies to all lots of less than 1,200 square metres (about 0.25 acres); the maximum ground floor area of accessory Dillon Consulting Limited 6 353 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 buildings is 5% of the lot area for lots over 1,200 square metres. These standards apply to the RF, RFM, P and R zones; in all other zones, the maximum floor area for accessory buildings is limited by the lot occupancy standard for that zone. Two by-laws have smaller ground floor area standards than Saint John: Fredericton and Rothesay. The Fredericton By-law would allow accessory structures of up to 40 square metres (430 square feet) for a 400 square metre property (4,300 square feet). The Rothesay By-law limits accessory building floor area to under 50 square metres in the "R-1E" Small Lot Zone. The minimum lot area in the Rothesay Bylaw "R1E" zone is 805 square metres. Moncton, Quispamsis, and St. Martin all have larger floor area standards for accessory structures than Saint John. Table 4. Maximum gross ground floor area standards for accessory buildings. Moncton 2.19 Accessory Structures 85 square metres (single unit dwelling) 56 square metres per unit (two unit dwelling) 26 square metres per unit (multiple unit dwelling) Fredericton 5.4 Accessory Structures The lesser of 70 square metres or 10% of the lot area Quispamsis 8(G) in R1 Zone 63 square metres and no horizontal dimension greater than 10 metres Rothesay Throughout the residential zones 70 square metres for R1A & R1B 50 square metres in small lot zone (R1E) 100 square metres in large lot zones St. Martin's 16.2.3 90 square metres Saint John 830 1ci The greater of 60 square metres or 5% of the lot area 4.0 , IIII Maximum Height for Accessory Buildings Both the Moncton and Fredericton height definitions are more detailed than the City of Saint John standards in that they regulate different roof types in different ways. Rather that using such an approach, which would require a new height definition and could potentially demand additional staff time in analysis of roof types, a modified alternative should be considered. The height of accessory buildings should be regulated to the top of the roof, and also to the top of the eave line in order to regulate the bulk of the building. Height standards should be increased for rural, suburban and urban zones; Saint John has lower height regulations than many New Brunswick municipalities. Dillon Consulting Limited 7 354 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 Variance requests for heights between 6.5 metres and 7.5 metres have been uncontroversial in rural and suburban zones with large lots. Maximum heights for accessory buildings should be increased to 8 metres. Maximum eave lines should be set at 6 metres. In urban zones maximum heights should be increased to 6 metres, and maximum eave line set at 4.3 metres. Maximum Floor Area for Accessory Buildings Existing provisions for cumulative ground floor area of accessory buildings are conservative in Saint John and result in numerous variance applications - the majority of which are granted. The standards should be increased to the greater of 70 square metres or 6.5 % of the lot area, to a maximum of 120 square metres. Primary concerns when considering an application for an oversized accessory building typically include the footprint of the structure relative to the main building and the potential negative impact on adjacent properties. In order to minimize the risk of these impacts, all accessory buildings larger than 70 square metres should require a minimum setback of 3 metres from the property line. Of the variances listed in Table 2, only one application - a proposed accessory structure of 74.3 square metres on a 900 square metre lot - was not recommended by staff based on the opinion that the structure was too large for the lot and located too close to the property line. Under the proposed standards, this accessory building would not have been permitted as proposed; it would require a 3 metre setback. The new standards will result in fewer variance requests while still limiting the footprint of accessory buildings. Lot occupancy standards will also restrict the size of accessory buildings on small urban lots. Of the variances listed in Table 2, five out of seven approved applications would have been as-of right accessory buildings under the proposed revised standards. Townhouse Zone The Townhouse Zone (TH) is unique in that it is the only residential zone in Saint John in which accessory buildings are not expressly permitted. In Moncton, Fredericton and Rothesay, accessory buildings are permitted in zones which permit townhouses. In addition, the Multiple Residential Infill (RM-IF) zone in Saint John allows lots as small as 185 square metres (1,990 square feet) for a two-unit dwelling and accessory buildings are permitted despite the small minimum lot size. Although accessory buildings are generally atypical in townhouse developments, those that do exist - similar to those found in the RM-IF zone - will likely be small, making them an acceptable use in the TH zone despite smaller lot sizes. Dillon Consulting Limited 8 355 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 5. 0 IIII°°°IIII IIII 1) 1) IIII III For some time, the Saint John Building and Inspection Services Department has noted the proliferation of storage trailers or vans on many properties throughout the City. Although these were likely used at one time to haul freight, they appear to have been converted to storage uses. In a number of other New Brunswick communities, structures such as shipping containers have been proposed as accessory structures. Shipping containers are not aesthetically suitable for residential, business or institutional zones. Although a useful and sometimes necessary storage device in industrial areas, a shipping container should only be acceptable as an accessory structure in industrial zones if the wheels and undercarriage have been removed. To date, the City of Saint John has not received any requests or applications to use shipping containers as accessory structures; however this type of application is a possibility, particularly as the City continues to experience increased growth. In combination with potential changes to policies regulating accessory buildings, the City should take advantage of this opportunity to amend the Zoning By-Law to prohibit the possibility of shipping containers being used as accessory structures outside of industrial zones. In addition, shipping containers would only be acceptable as accessory structures in industrial zones if the wheels and undercarriage have been removed. 0 ICS E " " I D III When considering possible amendments to the By-law this report is primarily concerned with creating standards for accessory structures that will reduce the need for variances but continue to regulate the bulk and visual impact of accessory structures, particularly in relation to other properties. Based on the review and analysis of accessory building standards used in Saint John and other New Brunswick municipalities, the following changes to the Saint John Zoning By- law are recommended: 1) Amend Section 830 1c(i) to read: Maximum height TH, RM, MH, R-1A, R-113, R-2, R-4 ............................................6.0 metres All other zones ..................................................................8.0 metres 2) Add a subsection to Section 830 1c to read: Maximum height to eave line TH, RM, MH, R-1A, R-113, R-2, R-4. All other zones ...........................................4.3 metres .................................6.0 metres Dillon Consulting Limited 9 356 Accessory Buildings: Proposed Zoning By-Law Amendments April 2009 3) Amend Section 830 1c(iv) to read: Notwithstanding the lot occupancy standard, maximum cumulative ground floor area for all accessory buildings and structures on the lot RF, RFM, P, and R zones the greater of: - 70 square metres, or - 6.5% of the lot area, to a maximum of 120 square metres All other zones ..................limited by the lot occupancy standards for that zone. 4) Add a clause to the approved uses in Section 240 Townhouse (TH) to read: subject to Section 830, an accessory building, structure or use, incidental to a use, building, or structure permitted in this Section. 5) Amend Section 830 1c(ii) to read: Minimum side yard RR, RF, RFM zones 6.0 metres B and I zones ...............................1.5 metres all other zones: 1.0 metre if less than 70 square metres in ground floor area .............................3.0 metres if 70 square metres or more in ground floor area 6) Amend Section 830 1c(iii) to read: Minimum rear yard RR, RF, RFM zones 6.0 metres B and I zones ...............................1.5 metres all other zones: 1.0 metre if less than 70 square metres in ground floor area .............................3.0 metres if 70 square metres or more in ground floor area 7) Add to Section 830 a new clause reading: Shipping or tractor trailer containers may be permitted as accessory structures only in industrial zones, if setback 7.5 metres from adjacent residential zones and screening is provided by an opaque fence between the container and adjacent "R" zones. 8) Add the following definitions: Eave Line - horizontal line on a building that marks the extreme edge of the overhang of a roof and where there is no overhang, the eave line shall be the horizontal line at the intersection of the roof and wall. Shipping Container- standardized, re-sealable transportation box with its wheels and undercarriage removed, originally designed for the storage or transport of goods via ship, train or truck. Dillon Consulting Limited 10 357 Saint John Parking Commission Commission sur le stationnement de Saint John May 06, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: 11 th Floor, City Nall, 11 ieme Etage, N®tel de Ville P.O. Box 1971 / C. P, 1971 Saint John, N.B./N.-B. E2L 4L1 Tel / Tet: (506) 658-2897 Fax / T616copieur: (506) 649-7938 E-mail / Courriet: parking<-Wsaintjohn.ca SUBJECT: ecoOBILITY Agreement - Funding from Transport Canada Striving for an eco-friendly, sustainable alternative for daily commutes in the City of Saint John and surrounding areas This report provides a short overview of the ecoMOBILITY Initiative which has been proposed on behalf of tile City by the Saint John Transit Commission and the Saint John Parking Commission. The proposal has been approved for funding by Transport Canada. An agreement between the City and the Minister of Transport, Infrastructure and Communities is required in order for the funding to flow". Bacuround The City of Saint John has embarked on a long-term journey to become a sustainable city. The `Vision 2015' process has successfully engaged thousands of stakeholders and has resulted in the adoption of a Community Vision, Goals for Saint John and Sustainability Principles for Saint John. With this clear direction, the Saint John Transit and the Saint John Parking Commissions will be striving for sustainable alternatives for daily commutes in the City of Saint John and surrounding areas. The City of Saint John community vision statement begins with, "Our Saint John, Canada's first city, leads the nation as an example of a sustainable community." Saint John Transit's Vision statement promotes the need to "provide a safe, affordable and sustainable transit service which provides mobility to people of Saint John and supports the economic and social goals of the City of Saint John". Transportation is one of the biggest issues in the pursuit of a sustainable community, as well as dealing with climate change concerns. That is why the Government of Canada through Transport Canada is funding initiatives such as this. One key element of this initiative is to provide public education to the citizens of the City of Saint John and its surrounding communities on the benefits of using public transportation, ride sharing and active transportation with emphasis on decreasing the use of automobiles for commuting to help reduce environmental pollution and decrease green house gas emissions. The goal is to create a cleaner environment and assist the City in its progress towards a more sustainable, environmentally friendly community. In addition, the move to more sustainable transportation modes will reduce the future demand for parking spaces. Particularly in the Uptown, this can mean millions of dollars that do not have to be invested in expensive parking structures.. www.sajggohn.ca May 6, 2009 Activities of the Protect Page 2 This initiative will pull together a number of previous projects, evaluate and make improvements, as well as undertake new initiatives. An overview of project components includes; • PRESENTATIONS: an educational program and promotional material will be developed and presentations and lunch & learns for businesses, organizations and schools will be carried out to inform them regarding opportunities to use alternative transportation modes, • WEBSITES: Websites for Transit, Park and Ride, Ride Sharing, and Active Transportation will be reviewed, developed, and continue to be updated. • SURVEYS: surveys of current and potential users of alternative transportation will be carried out and recommendation made regarding improvements required to increase use. • NEXT BUS GPS TRACKING SYSTEM: digital "next bus" GPS capacity will be installed as well as signage that will enable riders to obtain real time information on when the next bus will arrive at their location, This technology will also enable WiFi internet access for riders as they travel. ■ REROUTING IN-CITY TRANSIT - bus routing in the City of Saint John will be evaluated, and improvements made to routes based on new traffic and use patterns. Deadheading will be reduced to both save costs and reduce greenhouse gas emissions. • SAINT JOHN BY THE SEA- comeX IN THE CITY: In conjunction with re-routing, several "in the City" new comeX routes will be established, funded by the New Brunswick Climate Change Action Fund. • GRANT APPLICATIONS: grant applications will be pursued for additional funds identified to implement key components and alternative transportation policy recommendations from this project. • PROJECT MANAGEMENT - REPORTS AND POLICY RECOMMENDATIONS: progress will be tracked and reported to Council and Transport Canada and actions for improvements in the alternative transportation system will be recommended. • RESEARH: Educational and research opportunities will be pursued to identify best practices in other communities for consideration here.. Funding of the Proiect This project is a joint venture by the Saint John Parking Commission and the Saint John Transit Commission. Transport Canada will contribute $210,000 to the project which will be matched by the Saint John Parking Commission over a three year period. It is expected that applications may be made for additional federal funding to further implement components of the project. The current funding arrangement with Minister of Transport, Infrastructure and Communities requires an agreement between the City and the Minister of Transport, Infrastructure and Communities. The City will act as a funding recipient and the obligations imposed upon the City will in fact be discharged by the Saint John Parking Commission in accordance to the agreement to that effect. RECOMMENDATION: That the Common Council of the City of Saint John approve the project to receive funding from Transport Canada and that the seal of the City of Saint John be affixed and the contract signed by the Mayor and Common Clerk. Respectfully submitted, Christo tus C an Saint John Parking Commission Saint John Transit Commission 359 Item ##13.1, Res ecoMobility Fundini Agreement RESOLVED that the City of Saint John enter into an ecoMobility Funding Agreement with the Federal Minister of Transport on condition that the Parking Commission and the Transit Commission eater a contract with the City, whereby those Commissions accept full responsibility to satisfy the obligations placed upon the City by the Ecomobility Funding Agreement, and indemnify the City from and against any and all claims which might be made against the City arising from the terms of the Ecomobility Funding Agreement, and further that the City Solicitor be directed to prepare such a contract and the Mayor and Common Clerk be authorized to execute it. 360 May 11`h, 2009 Item 1.3 - Committee of the Whole RESOLVED that the City Solicitor or a designate thereof commence proceedings in the Small Claims Court of New Brunswick against the owner of Service New Brunswick PiD No. 00412304 (the "Property") to collect water and sewerage arrears owning in respect of the Property, 361 Leisure Services Services des loisirs wvwwsaintjohn.ca P.O. Box/C.P. 1971 Saint John, NB/N,-B, Canada B2L 4L1 The City of Saint John Mayor and Council City of Saint John May 16, 2009 Dear Mayor and Council, The Leisure Services Advisory Board would like to see the Playground at the Allison Grounds named the Mabel Phoebe Peters Playground. This was a wonderful suggestion brought forth by one of our younger citizens, Moriah Russell. We would like to see a sign at both the entrance along with the history of the Allison Grounds and the Mabel Peters playground detailed and a sign that can be seen by the passing traffic. Both the Allison family and Mabel Peters donated time and money and resources to recreation in our community and this should be noted and celebrated. Mabel Peters worked tirelessly at the turn of the last century for playgrounds all across Canada, she was a pioneer. This is something we should be proud of and we should recognize. Moriah Russell deserves a lot of credit for her research and bringing this idea forward. It is very encouraging to receive so many phone calls and letters from citizens with ideas on expanding and improving recreation. Miss Peters died in 1914 and in 1920 the National Council of Women asked all Canadian Cities to name a playground in her honour, this was never done, not even in Saint John. I know Mayor Court is well connected to the association of Municipalities and would like to see if it is possible if this suggestion could be made once again at the national level. Once again Miss Peters has shown us we have a very proud history in this community.. The Allison Grounds, now refurbished, gives a wonderful image of our community in a very high profile, along a well used highway. This image of an active and healthy society is the image and culture we wish to promote for wellness attracts new citizens and helps to retain our current citizens. Miss Peters understood this and her legacy lives on.. Every dollar spent on recreation saves four dollars on healthcare [Health Canada]. Every child that enters the criminal justice system costs the tax payer $2.6 million dollars [Vanderbilt University 19961. Citizens that have 45 minutes of daily exercise are more focused and their brain is more enhanced [Harvard University research, articulated in a book called SPARK]. CBC National news recently aired a 14 minute documentary on this subject, it can be found at httrr://www.ebc.ca/national/bloa/sraecial feature/brain gains. Students learning improved along with their behaviour and attendance and their rates of obesity dropped dramatically all because of the connection between the brain and body and lots of activity. 362 We live in a community with the highest poverty rate in New Brunswick and one of the highest in Canada. We also have very high obesity rates, very low rates of sport participation, high rates of illiteracy and very low rates of attending post secondary schooling. Much of this is inter - woven and generational. Recreation and education can be part of the solution to this. Recreation is prevention as Miss Peters understood very well. We hope that you will act on our requests of the naming and of the national recognition Miss Peters deserves. Sincerely, Barry Ogden Chair of the Leisure Services Advisory Board City of Saint John CC: Moriah Russell, Premier Shawn. Graham, Minister Hedard Albert, Wellness, Culture and Sport, The Honourable Kelly Lamrock, Minister of Education, Greater Saint John Liberal Caucus, Greater Saint John Progressive Conservative Caucus, MP Rodney Weston, MP Rob Moore, The Honourable Greg Thompson, Minister of Veteran Affairs, Senator John Wallace, The Fundy Mayor's Association, Mayor Grace Losier, Bob Manning and Board of Enterprise, Saint John, Diane Burt, Principal of NBCC, Robert MacKinnon, VP, UNBSJ, Randy Hatfield, Human Development Council 363 C7 ru W May 11, 2009 z z Q Your Worship and Councilors, We represent a number of retailers and property owners in the uptown who would like to be open for business on Canada Day and New Brunswick Day. On both of these holidays there will be special events going on uptown and cruise ships will be in town. These businesses benefit from the cruise ship industry and they have asked that we approach Council for an exemption or bylaw that would allow retailers to stay open on these days. The Sections 11(1)(e) and 97(1) to and including 97(7) of the Municipalities Act w permit municipalities to regulate Sunday shopping and designate when certain retail establishments shall be closed. We are requesting that Council pass a by-law u; that permits businesses to be open in the uptown area during these statutory E-holidays. Cn Allowing those businesses who want to be open on these holidays will provide a 0 better experience for people visiting the uptown via cruise ship or any other mode z of transportation in the height of the tourist season. ~4 We are hopeful that this request will be in place by Canada Day. Thank you for your consideration of this issue. c~ Sincerely, January 28, 2009 Your Worship and Councillors: SUBJECT: Douglas Heights Subdivision - Phase 4 296 Morrison Road The Planning Advisory Committee considered the attached report at its January 27, 2009 meeting. This letter deals with the proposed subdivision. It should be noted that the Committee's recommendation with respect to the rezoning of the property was the subject of a separate letter from the Committee to Common Council. The applicant, John Quigley of hierstead Quigley and Roberts Ltd., appeared before the Committee in support of the application and staff recommendation. There were no other presentations concerning this matter, and no letters were received from area residents. The Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variance relating to the increased cul-de-sac street length. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, for the Douglas Heights Subdivision - Phase 4, as generally illustrated on the submitted tentative plan dated December 23, 2008, including any necessary municipal services and public utility easements, on the condition that proposed Lot 08-4 is not residentially developed until such time that the existing telecommunications tower is completely removed from the area. 2. That Common Council accept a cash-in-lieu Land for Public Purposes dedication for this proposed subdivision. 365 Plaiming Advisory Committee Januan- 28, 2009 Page 2 That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Respectfully submitted, Stephen Horgan Chairman MRO Attachment Project No. 08-057 366 DATE: JANUARY 23, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 27, 2009 Marls O'Hearn Planning Officer SUBJECT Name of Applicant: Kierstead Quigley and Roberts Ltd. Name of Owner: 617255 NB Ltd. Location: 296 Morrison Road PID: 55174171 & 55071351 Municipal Plan: Unserviced Residential Zoning: Existing: "P" Park & "RR" One Family Rural Residential Proposed: "RR" One Family Rural Residential Proposal: To rezone an area of a property in order to undertake the final portion of a rural residential subdivision. Type of Application: Rezoning, Subdivision and Variance that would further increase the cul-de-sac street length standard from '170 metres (1,214 feet) to approximately 436 metres (1,430 feet). 367 Douglas Heights Subdivision - Phase 4 Page 2 296 Morrison Road January 23, 2(_)(_)9 JURISDICTION OF COMMITTEE: The C'ommimith Plaw ing 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, February 2, 2009. The Act authorizes the Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the PAC to grant reasonable variances from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 296 Morrison Road, having an area of approximately 1.14 hectares (2.82 acres), also identified as being a portion of PID No. 55071351, from "P" Park to "RR" One Family Rural Residential. 2. That Common Council assent to one or more subdivision plans, in one or more phases, for the Douglas Heights Subdivision - Phase 4, as generally illustrated on the submitted tentative plan dated December 23, 2008, including any necessary municipal services and public utility easements, on the condition that proposed Lot 08-4 is not residentially developed until such time that the existing telecommunications tower is completely removed from the area. That Common Council accept a cash-in-lieu Land for Public Purposes dedication for this proposed subdivision. 4. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 5. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would further increase the cul-de-sac street length standard from 370 metres (1,214 feet) to approximately 436 metres (1,430 feet). BACKGROUND: 368 Douglas Heights Subdivision - Phase 4 Page 3 296 Morrison Road January 23, 2(_)(_)9 On June 29, 2004 the Planning Advisory Committee favourably considered an application by Rogers Wireless to erect an 11 metre (36 foot) high telecommunications tower on a portion of the subject property (PID No. 55174171). This area is shown as being a portion of Lot 08-8 or 08-4 on the attached tentative subdivision plans. On February 26, 2008 the Planning Advisory Committee considered an application for the Douglas Heights Subdivision - Phase 4 (see " Orighial " tentative plan). The Committee recommended the subdivision assent on the condition that proposed Lot 08-8 would not be residentially developed until such time that the existing telecommunications tower was completed removed from the area. A cash-iii-lieu Land for Public Purposes dedication was also recommended. At that time, the Committee also granted variances to allow the cul-de-sac street to have an approximate length of 323 metres (1,060 feet), as well as granted variances relating to reduced depths for proposed Lots 08-7 & 08-8. The Committee also approved the street name "Saddlebrook Court." On March 4, 2008 Common Council assented to the subdivision development and accepted a cash dedication. On April 22, 2008 the Committee considered a frurther application for this subdivision development. It was discovered by the developer's surveyor that the common boundary between the subject property and the adjoining Debly Forest Services Ltd. property was incorrectly shown on the original tentative plan. This information was derived from available Service New Brunswick mapping. The revised tentative plan was favourably considered and a new recommended was adopted (see "Revised" tewatin>e pla»). The Committee granted further variances relating to the area of proposed Lots 08-1 & 08-2 and the depth of proposed Lots 08-4 & 08-5 for the revised plan. Due to changes to the alignment of the proposed street, a frurther variance to allow the cul-de-sac length to be approximately 370 metres (1,214 feet) was approved. On April 28, 2008 Common Council assented to the revised tentative subdivision plan, including a condition that the City/Developer Subdivision Agreement include additional security in order to constrict a permanent turnabout should the anticipated final phase of the subdivision not occur within two years. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this matter: (a) There is no objection to the requested variance provided the proposed permanent cul-de- sac turnabout is constricted in accordance with the requirements of the Subdivision By- law and all relevant design guidelines. 369 Douglas Heights Subdivision - Phase 4 Page 4 296 Morrison Road January 23, 2(_)(_)9 (b) There are no municipal services available in this area. Therefore, the proposed lots will be serviced by private on-site facilities that must be approved by N.B. Departments of Health and Environment. (c) Detailed engineering plans with respect to drainage and street constriction must be submitted by the developer's engineering consultant. Engineering plans were approved for the initial phase of the development in August 2008. If applicable, any revisions to the subdivision plan must be illustrated on these received plans. Buildings and Inspection Services has no concerns with regards to this application. Saint John Energy previously indicated that overhead facilities are available in the area to service the proposed subdivision. An extension of facilities will be required in order to service the proposed lots. Costs will be discussed with the developer when servicing plans are approved. Aliant Telecom has no issues with regards to this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline previously indicated that there are no concerns with regards to this residential development. Leisure Services has been advised of this proposed subdivision. Fire Department has previously expressed concern with regards to the requested length of the proposed cul-de-sac street, and the original request for a temporary turnabout. N.B. Department of Health has provided written confirmation that the original five (5) unserviced lots can be modified in order to be made suitable for on-site facilities. Site investigation for the final two lots (Lots 08-6 & 08-7) cannot be undertaken until spring. N.B. Department of Environment has been advised of this application. School District 8 has been previously advised of this new subdivision. Saint John Airport Inc. & Transport Canada were previously advised of this residential development in 2008. Transport Canada had indicated that any constriction in the vicinity of the Saint John Airport must comply with the Federal Registered Zo»ing Regulatio»s for the airport. The developer and his consultants can obtain these requirements from the Saint John Airport Manager (Wayne MacAllister). 370 Douglas Heights Subdivision - Phase 4 Page 5 296 Morrison Road January 23, 2(_)(_)9 ANALYSIS: Subiect Property and Neighbourhood The subject property is situated at the end of Morrison Road (see location nuq)). The property has an overall area of 5.6 hectares (13.8 acres). A mature stand of evergreen trees covers most of the area. A telecommunications tower is near the eastern property boundary adjacent to the Saint John Airport (see Background). The tower site is shown as being part of proposed Lot 08-4 (see -Proposed " tentative Ilan). Five developed residential properties are immediately adjacent to the overall property along Morrison Road. Each of these properties is covered by mature evergreen trees in their rear yards. The adjoining Debly Forest Services Ltd. property to the west has remained undeveloped. Immediately to the south is a very large property owned by City of Saint John, which is also a protected watershed area. As mentioned, adjacent to the east is the Saint John Airport property. Development Proposal and Rezoning As explained in the Background section of this report, the Douglas Heights Subdivision - Phase 4 was favourably considered by the Planning Advisory Committee on February 26, 2008 and later on April 22, 2008. Attached are copies of the previously submitted tentative plans. The initial subdivision design was based on property mapping from Service New Brunswick which was later determined by the surveyor to be incorrect (this inaccuracy can be seen by comparing the new tentative subdivision plan with the location map). A revised subdivision design had to be later considered. All the necessary assents, approvals and variances were granted for the attached "Revised" tentative plan. As anticipated, the developer is now proposing to rezone the remaining portion of the subject property, a 1.14 hectare (2.82 acre) triangular area of land, from "P" Park to "RR" One Family Rural Residential. This area is shaded on the new "Proposed (December 23, 2008)" tentative plan. The rezoning is necessary in order to allow for a short extension of Saddlebrook Court (not yet constricted) with two final lots (Lots 08-6 & 08-7). The area has been designated by the Municipal Development Plan as t liiseri,iced Residential. The Plan supports the development of rural residential subdivisions in this area. The requested rezoning would place the rear portion of the subject property into the same zoning category, allowing the extension of the proposed street with two further residential lots. The rezoning of the final portion of the property is recommended. 371 Douglas Heights Subdivision - Phase 4 296 Morrison Road Cul-de-sac Length Variance Page 6 January 23, 2009 The Planning Advisory Committee has already granted variances relating to the area and depth of certain lots shown in the tentatively approved plan of April 8, 2008. The Committee also granted a variance to allow the cul-de-sac street to have an approximate length of 370 metres (1,214 feet). Normally only a length of 105 metres (350 feet) is permitted. A further variance would be necessary in order to allow the street to have an approximate length of 436 metres (1,430 feet), an increase of 66 metres (216 feet). The Committee has considered requests to allow cul-de-sac streets to be longer than normally allowed. While some of these applications have involved situations where a reasonable increase to this standard facilitated the complete development of a particular serviced property, more often these requests have been for unserviced rural residential subdivisions. The current Subdivision By-law standard could allow for a total of fourteen (14) serviced residential lots (not including lots abutting the turnabout) along a standard cul-de-sac street. Rural residential subdivisions involving this approximate number of unserviced lots have been supported for variance approval, though due to the much larger lot frontages required, these cul- de-sac streets have been around 420 metres (1,378 feet) in length. The proposed rural residential subdivision would only contain a total of seven (7) residential lots. Municipal Operations and Engineering has no objection provided the public street is constructed to the requirements of the Subdivision By-law and all relevant design guidelines. This will include a permanent turnabout with a minimum right-of-way diameter of 3 7.5 metres (124 feet). Given the circumstances, approval of the requested cul-de-sac street length variance is recommended. Provision of Street Work and Facilities The developer will be responsible to constrict the proposed new street to Country Road Standards, which involves an asphalt surface, ditching and overhead public utilities. No sidewalks or curbing would be involved. There will also be a requirement for street lighting. The recommendation includes all the necessary assents and approvals for the new tentative plan dated December 23, 2008. This plan is similar to the previous plan tentatively approved in 2008. i This Subdivision By-law standard was established prior to the inclusion of rural residential subdivisions in 1985, and it is the intention to have this standard amended when changes to the By-law are undertaken in the near fixture. 372 Douglas Heights Subdivision - Phase 4 296 Morrison Road Page 7 January 23, 2009 It must be mentioned that the Development Officer cannot endorse the final subdivision plan until written confirmation is received from N.B. Department Health that all the proposed lots are acceptable with respect to the installation of on-site septic disposal systems. To date, confirmation for the initial five lots (Lots 08-1 to 08-5) has been received. Confirmation concerning the final two lots is expected in the spring. Also, as previously recommended in 2008, Lot 08-4 should not be residentially developed until the telecommunications tower has been removed from the area. The applicant is agreeable to this condition. Land for Public Purposes The Subdivision By-law requires a Land for Public Purposes dedication of either 10 percent of the subject area (not including public street rights-of-way). For this particular development a 2,620 square metre (28,202 square foot or 0.65 acre) L.P.P. parcel would be required. Given the amenity spaces of the proposed lots, and the location of this relatively small subdivision, the applicant is seeking permission to provide a cash-in-lieu dedication instead. While the Municipal Plan promotes land dedications for rural residential subdivisions, it is being recommended that a cash dedication be accepted in this case. A cash dedication was accepted by Common Council for the previous tentative plans. CONCLUSION: The applicant is seeking permission to undertake a small rural residential subdivision on the subject property. The existing zoning allows for the creation of the initial five lots (Lots 08-1 to 08-5), which received tentative approval in 2008. The present rezoning application would place the remaining portion of the property under the same zoning, and allow for the development of the remainder with a permanent cul-de-sac turnabout and two further unserviced residential lots. A variance to allow the cul-de-sac street to be lengthened has been recommended. All the additional approvals and assents have been recommended. A condition prohibiting residential development of one of the proposed lots (Lot 08-4) is again recommended until such time that a telecommunications tower is removed from the area. MRO Project No. 08-057 373 GJ v 41 I g VQ S~0 ti f % O _ r \ ~;A ~ Von ~ .o, ; \ , . Debiy Forest es ttd - \ 'o''\ i .I , j \\l\\\ • ; - ~ ~ \ rr _ - -,r 111 )r'~~ $'bg~ ~ F ; ~ 0'.0 40; ~ - \ ++r cal\' ~ - ~t ~ \a'\1 \ _City OT' Snmt jofin. A)co' / pio a35919 ° p yl 62 pp_$ \ 1'` g IS U7 I m .rrr\ 0 t,a . ti Proposed Future Ejv !oP i ';5 ✓j"'- - \ ``tar \ ,r , . t o •f6 evl~ 5U2~~~rr._..-' '.i l ~ QBir - r _ ~ \ 1 & `,4 e° mr / Tentative Plan 1 : sa Douglas Heights ~ 'Nobr Lat °4-; `Subdivision -Phase 4 / ,59 , i ! enaelidM.tl wth ocij.-I 1\ Land. to fam Lot 011-6, t+ i 43 scat rl..adan3 a City of Saint John, 1 i f in Saint County, 1~ ~ ~ aye ~ ro _ scale - 1:10w Plon K. 19928432. :f ..,...~.,-.....1: ! S ~r,•-I~ajesty The ~ •eenr"_ rn! 1n ten , , Seim Jofin ti _ 1\/.._.....__,_ "rw r-....-......., P(o 35 7 IdIERSTEAD QUIGLEY f \ l' I j L-i and ROBERTS Ltd. , ~ ll SaIM John, rJew 8ruriswkk - 3~ wgNo T-0227 ` ~1 bebly Forest Services Ltd. PD 421909 Cl) v 00 I N v v~ Lo Q Proposed Fu;ure Oo Her Majesty The Queen Nob: Wt 04-1 i. to b. ea Widd.d .itth .dj-.t L.d% w roan Lt 88-8. SPM EW tl- ace in .v.. m I.M. tram plan N.. 19928432. Tentative Plan Douglas Heights Subdivision - Phase 4 City of Saint John, Saint John County, N.S. SCATS-1x000 "S,.zaos P77 KIERSTEAD QUIGLEY L'i and ROBERTS Ltd. saw Jast, New amn- * Dwg No. T-0227A O_ M O I H Cl) v G) N.B. Grid Co-ordinate Values Point Eoetkq Nam1n9 Maalment 1 254676176S 7369629.937 SdF 2 2546762102 7369799.503 SMF 3 2548751.666 7369601.163 SMF 4 2546753.336 7359681.600 SMF 12 2546776.853 7369686.747 SMS 13 1546736.794 7369716.612 SMS 76 2546769.925 7369941.1. SW 115 2546642519 73698782 CA C 116 2546661271 7369839.443 CALL 117 2546666.364 7369639.518 CALC 116 2346702A29 7369611432 SI4S 121 2546704.937 73696}3.376 CALC 126 2546579.361 7389835.632 SMS 127 25 651.299 7369558.490 91S 133 354663&455 7309664.162 945 134 254658.664 7361"6,w 919 135 2546784.350 7369938.925 SMS 136 2546717-5 7]69.9.431 9AS 136 2546896817 7389567.197 Sus 141 2646744.604 7369607.044 WS 142 2546736722 7369729.960 CALC 143 2546736937 7369726.331 CALL 144 2516737.332 7369561651 CALL 143 2546674.851 736964SAM CALL 146 25.669.706 7361639.479 CALC 147 1411 2546706674 2548861.153 7369665.760 7369627.576 Ads Ads 149 2544 33.440 7369650.526 MC 150 2546722955 7'389813.282 MC 151 2546742740 7WSaI .9x CAI.C 152 2546745.571 7369601.496 SPAS 353 2346560.597 7359819.882 9MF 3W 2316623.649 7389674.553 SMF 357 356 2548641.605 2548827.766 7369862197 7389947.997 39AF CALL 369 2348606035 7369943.785 CALL 1703 2346665.671 7369P1 COM 9ad.Pt 1767 1724 2548696425 2546714.406 7369806772 7359721.841 =.Pt N.tl.Pt 1727 2548651.194 7369643.759 .:Pt. 1726 2548679.449 7369837.226 P9 Xt 3181 2546725747 7369556.486 96 3189 2546316.530 7369616.107 OF 20000 2546466270 7370524.493 NBC. (Ad 20M 2348137,544 7370346.337 NBC11 (Ad S.6 Factor- 1:600016 APPROVALS: 6s' CP L 6' Stree 1 "0' a h F e 4~W~Ia Lot 08-1 Area 4532 sq.m. Debly Forest Services Ltd. P1D 421909 Lot 92-7 S. P1m Na. 2M17 Lot 08-3 Area 5072 sq.m. Lot 00-08 Plan 144 11188118 Lot 08-4 Area 54866 sq.m. Nev dfa & tlD14 r~ A 1 30 . _ !_'1 939730" ~v / Lot 08-2 6. Area"~ m 4611 sq.m.'"- to q ✓ w L', t..tlt4 n d '~20.t2..'.1 0 LO 418-1 Lot 75-8 I 1 Lot 88-3 Lot 88-2 S. Plan 469. 2678 S. Lot Na 2670 lgon Na 2 2 s.. 67p 'b S« Plan No. 397 ison Road y Morr 20'12 Lot 68-6 (J} See Ptm I/u 2670 O Lot 75-12A Lot 88-4 9.. sal xa. x76 Lot 86-5 Q y ~ Sr Pmn Na 2670 See PNm Na. 2870 1 x ..n Ua 1716.r1Y ~ P9Nk WRY Eoe.mrte lh... we.m.mt1: NA In 6dl A1ant N.9bmI 09mmun1a0Lk At,d PsNe o and 6a Nw Brw,,kk Parr Dleeoodm ma tla.tan.r S,r CarpaalAm p+~~~! m S.c 56(4.0?) 0 Oa CwnminltY Plamla0 Ae and Re9al9arh 84-217. 71. eo..m.nU - an 464 pl. 6.a b th. rpuY.m.nU of t to9owNq U161lr ComP.nlec C u r v_ a D a t a T a b t e Point Pont %vc Chwd Chord A.m !h I nadMe I Nod Pt 115 116 30.25 2642 15396'30" 24.90 1703 116 150 31.x1 29.o6 133"58'60" 24.91 1707 121 136 13.54 13.49 106'5510- 43.06 1707 127 117 34.48 3363 120'13'10" 4$.02 1743 136 143 151 13 41.51 40.95 9.80 9.74 1423]'20" 180'50'30- 45.06 24.94 1707 1724 1 4 142 54.92 51.56 24WDW 4506 1724 .146 145 8.10 7.85 3613'00- 10.00 1728 148 146 10.45 14.65 35'42'20- 19.00 1727 149 3% 148 127 47.25 35.96 20.20 20.0! 129'3730' 155W'DD' 19.00 45.02 1727 1703 I WO 11TLE5 DATA: EiD-.W,. E17255 NB ud. 174,7, Doaum.nt 24670603 Regls[ere¢ 2007-I1-28 3"ATUIX OF 010114M . 9 ~ ~ ANA Mi;• 6 City of Saint Jahn PID 335919 l~ dv O J. Lot. 6 P,rcu ~ I 4f d CD~BE2 23~2coa) Her Majesty The Queen in right of Canada as represented by the Minister of Transportation (S.NI 3aln Airport mc.} PIa 354415 Nq Y A Key Plan Sml. - 1:25,000 ~ - StanAUtl navy mekr fame 416,45 - s:an -y ..t OW - - Sq-d IrIr- - i-I dd ow - Iron plpe lama O>LC - Cok.W d P." JNBW - N.6'. C9 ,Ilnat. Ma t aq.m. - SeMd. m.tr.. A . Als 0. - Ratio. RadC b nadfu. pain! Q^ CrltrdN. not to was ~fenw PD - Parcel 4.11054+ numbs Adj - Aal l wk Toh9Wtea crarAYlol. ..1..118 ar r Nm i Adodhe aN C.-Vt. d- Warm 9a ImI BIANCA 0( 6D CD-OWMAIE Sy31ttt WLettl 141wA} 4116 we h'Atl 6w labdded Me. P~ Ca~aNwl. tlaun.nh ~ 1A. Mw PwoNd 9lernP'agN. D. Prorndpn ad B~oee6 + Afi(6955 Npa1d 2 A]AMA1 m rmd.d m fhe n.a.A 10 ..cwdr. 3 M.9mae an N YC06:9 od o'. realdtl m m. n._..' Lo E OE 4. larde adl .1Ih 57 11146 Plot an 9oudwl Bea 6 Papead NPrMbn .b 4d}adnt emr we ..M. M wbu. av® atl dada M w9{d 8 Al 11411 end deagantt ldlre.rk an ncadea F 9a payEry R.Ar C-ty d s.MI Jw, a 1. w PaainW 7. atd -y - -.pWW Tentative Plan - Dougtas Heights Subdivision Phase 4 City of Saint John Saint John County. N.B. a l6Q -"'+a- .rn Scd.. 1:1000 KIERSTEAD QUIGLEY J and ROSEIM Ltd. L SWM John, New 8rans%,10 Dat.¢ U.curibw 23. 200E . _ ' dda F. Ou4". NBtS W7, PErlq. 4°'-a0m;7 IDwg. No. T-0310 M z May 19, 2009 z ~V. Your Worship Mayor Ivan Court and City Councilors PO Box 1971 Saint John NB Firstly we applaud the City for reconstructing Princess Street, one of our city's z unique streetseapes.. This project will work to attract and retain people and businesses to the uptown core. Q As Canada's first incorporated city, one of our strongest assets is our historical appeal. It is our history that sets us apart from neighbouring communities and cities. This is evident by the increasing number of tourists that visit our city to enjoy heritage tours found in books, articles and photographs that feature scenes from our city. W Princess Street is located in the Trinity Royal Heritage Preservation Area where any privately owned building on this street is subject to strict controls on what can ~n be done to the exterior of the building. Property owners have learned to live with these regulations and except that our heritage is a valuable part of what the U uptown and the city has to offer, something other cities only wish they had. Given the importance of heritage to our community, we are asking the City to reconsider the removal of the granite curbing and replacing it with poured concrete curbing. Private property owners and businesses in the area have invested in the heritage upkeep and improvement to their buildings; ideally the City would also set the bar high when it comes to development and heritage "m standards. In the past the City has successfully reused the granite curbing in other areas of the uptown like Prince William Street, Germain Street, King St. Bast, Ding Square and the Loyalist Burial. Ground to name a few. 0 If cost is the concern, it has been documented by professional engineers that in the longer term granite is more cost effective than concrete - this can be demonstrated by the fact that the granite is still in place on Princess Street. Granite is a much stronger and environmentally sustainable material than man made concrete. In addition, the use of granite supports Vision 2015 and our community vision, which boldly states, "Our Saint John, Canada's first city, leads " the nation as an example of a sustainable community. U? 1. 5 06,63 3 797 F. 506 ww, .uptownsj corn 377 W C7 We participated on the project committee for the design of Princess Street but were not successful in convincing City staff that the curbing was worth keeping z and reusing on Princess Street. In writing this letter, it is our hope that City staff will reconsider reusing this quality building material as originally intended and not for retaining walls in other parts of the City. We strongly urge the City to follow its own stated values for the heritage and the environment and reuse these historic and highly durable granite pieces where they belong. We urge you to walk down our historic streets and explore our natural and built heritage. We also hope to follow-up with you on some ideas we are working on to w leverage some of our city's great existing assets. Sincerely, can O'Neill z President, Uptown Saint John Inc. k _y i tA9 T, ` 067 33..f9797 F, 506652.3525 wwww..uptownsj.s asrn 378 Saint John Industrial Parks Ltd. J'; Meu-ke ScIL,r , Mh llooi, 110, kRx.'i971 ~amt ]Mm Nov N~~us~ ~aa~:.l~: F2[11,1 I : (-506) 638 -283,7 wwwv Saintjohnlndustrialxa, May 7, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT`. CAPITAL REALLOCATION SAINT JOHN INDUSTRIAL PARKS BACKGROUND Council, in February of 2009 approved a Capital Budget of $815,000 for various Saint John Industrial Park Capital Initiatives which included; McAllister Cut/Fill, Barge Facility, Lorneville Master Plan, Mcllveen Drive Hydro Extension and the Spruce Lake Beautification. The chart below indicates total capital requested for 2009; $950,000. Project 2009 Paddy's Hill Rebuild White Rocks Road Barge Facility $50,000.00 Bast Expansion West Expansion (Lorneville) $25,000.00 McAllister Cut/Fill $575,000.00 Mcllveen Hydro Extension $250,000.00 Spruce Lake Beautification $50,000.00 MCA.LLISTER CUT AND FILL SJIPL has recently completed a significant portion of the McAllister Cut and Fill project (estimated to be 75% of the mass fill) and has decided to delay/eliminate the engineered pad component of the design. This modification to the project will reduce the project cost by approximately $250,000; from $575,000 to $325,000. The Lorneville Master Plan was completed slightly under the budget of $25,000 in March of 2009. The McAllister Hydro Servicing project is commencing in May of 2009 and it expected to slightly over the budget of $250,000.00 by approximately 3%0 (less than $10,000). The $50,000 allocated for the Barge 379 ~~111~ Report to Common Council Page 2 May 7, 2009 terminal is likely not required for 2009 as the funding submission to the Gateway Initiative is in process. As such, all engineering, design and diligence work is on hold until project valuations are completed in late summer of 2009. If successful, future funding for the project will come from the Gateway Fund. Through the first 4 capital projects addressed it appears Saint John Industrial Parks Ltd. will be able to complete this portion of its capital program for 2009 at approximately $300,000 less than the initial budget. There are two projects which currently require Capital; one listed as a 2009 initiative and a second which has recently emerged. SPRUCE LAKE BEAUTIFICATION The Spruce Lake Beautification program requires additional capital. The conceptual landscaping plan has been completed and 5 key areas of improvement have been identified. The first phase of beautification is the landscaping of the Baxter Cold Storage corner (King William @ Alloy Drive). The initial budget for this area indicates upwards of $100,000 will be required. Modification to the size of trees etc. can result in some savings however the majority of the expenditure required is earth work, fill, soil and landscaping. The capital request for this project was $50,000. The SJIPL is requesting that. Council support the reallocation of $50,000 of the approved $815,000 capital budget to this project, ensuring a significant portion of this program can be realized in 2009. WHITE ROCKS ROAD An unbudgeted capital project has recently come to the fore. Phase 1 of White Rocks Road was completed in late spring of 2008. The first phase was built to the highest elevation the road will reach; this cut off point was convenient as it was approximately the half way point of the project but equally important the storm water would drain back to the existing storm system in Alloy Drive. Phase 2 of White Rocks Road will connect the first phase through to Stinson Drive. A key component of the second phase of the development is the creation of a storm water detention pond which would be located on SJIPL lands behind 55 Stinson Drive, lands owned by Envirosystems. This storm system was designed by Terrain Group recognizing that the City would soon be implementing a storm water strategy and the SJIPL should be a leader in such matters. The storm detention pond as designed will collect storm water flows created via the development of the second phase of White Rocks Road and retain it in a large holding area, releasing the flow through a six inch pipe into a drainage ditch located at 55 Stinson Drive. This infrastructure and system is designed to reduce the downstream impacts of any storm up to a 100 year event. 380 Report to Common Council Page 3 May 7, 2009 SS STINSON DRIVE DEVELOPMENT In the summer of 2008 the SJIPL GM was contacted by representatives of Envirosystems (proponent) which had recently purchased atlantic Industrial Cleaners including the building located at 55 Stinson Drive. It was their intention to create an expansion of the building so it may function as a chemical mixing and warehousing facility. In their November application to PAC to ensure the chemical use was acceptable (which Staff, PAC and Council all supported) engineering had requested that the proponent design and demonstrate that any chemical spill would not enter into the storm system. The proponent in its engineered plans demonstrated how it would control chemical spills and ensure they did not enter into the storm system. Subsequent to their initial submission the proponent was advised by the City that they would need to submit a Storm Water Control Site Design. Council had adopted Storm Water Design Guidelines on December 8`h of 2008. The proponents' application and engineering's comments were submitted prior to Council's adoption of the Policy, as such it would have been premature in the opinion of Engineering to presuppose Council's decision and enforce a policy not yet adopted. This request delayed the proponent 6 weeks initially and in the end an additional 3 months of design time along with a significant and unbudgeted engineering fee. The storm design which Terrain had provided on behalf of the proponent did not meet the expectations of the Engineering Department as it did not accommodate the storm water runoff of SJIPL lands to the rear of the development at Stinson Drive. They had been asked to redesign again and the cost of design and build out increasing the cost further. Envirosystems is extremely disappointed with the experience they have recently endured. They have 4 properties to redevelop within City limits and this situation has forced their project engineer to advise senior management to consider reducing its presence in Saint John where possible SALVAGING THE PROJECT The Envirosystems development is valued at approximately $600,000; this would represent about $16,000 to the City annually in real property taxes. It should also be noted this potential development leverages existing street, sanitary and water infrastructure, maximizing the SJIPL's/City's return on its investment. 381 Report to Common Council May 7, 2009 Page 4 The GM has worked with the City engineering department, Terrain and Envirosystems in an effort to save the development. As discussed much of the $100,000 of unplanned and unbudgeted site storm water design which Envirosystems must incur is largely to control storm water from behind the building at 55 Stinson Drive coming from SJIPL lands. Had the White Rocks Road project been completed and the storm system in place, the site improvements and storm system requirements of Envirosystems would be substantially reduced. The project would already be under development in all lielyhood. The work to complete the SJIPL storm control pond for the second phase of White Rocks Road as designed by Terrain is budgeted at $100,750.80 HST included. Envirosystems has determined it can complete the work on behalf of the Company for the budgeted price or less. This is important; Envirosystems is not prepared to wait for SJIPL to tender and award its work, as the additional time required will be the final nail in the project's coffin. The upside is that not only may the SJIPL save money on the project or at least the project will remain within the engineering budget; it will also allow Envirosystems to save valuable time with respect to their initiative. Engineering will insist the SJIPL retention pond be in place prior to Envirosystems commencing its project; if the project is one large initiative Envirosystems can submit the project as one large piece for permitting purposes and continence in short order. The SJIPL does require the support of Council to reallocate capital towards this initiative, assuming the Board is supportive of the recommendation in this report. As discussed the SJIPL has substantially completed the majority of its Cut and Fill initiative at McIlveen Drive and is significantly under budget. The Company does have capital to reallocate, subject to Council's approval. This storm water detention pond component of the White Rocks Road project is required at some future time; if it is done now, future costs of the road will be reduced. Meanwhile the City can begin to accrue benefits in the form of tax receipts on its storm detention pond investment immediately via the Stinson Drive development. Equally important the City and the ,SJIPL finds a solution to facilitate more development in its parks which will ensure jobs are retained and tax base is increased. This partnering initiative is an example of the role the SJIPL/City can play in both industrial park development and economic development. SJIPL requests that Common Council approve the reallocation of $150,000 of its approved capital budget to the following two projects; an additional $50,000 to the Spruce Lake Beautification project and $100,000 allocated to the White Rocks Storm Detention Pond project. Council should be aware that the SJIPL anticipates capital spending will be under the approved $815,000 budget with the requested reallocations, perhaps in excess of $15,000. 382 Report to Common Council May 7, 2009 RECOMMENDATION: Page 5 That Common Council approves the reallocation of $150,000 of approved Capital to the following SJIPL projects; $50,000 towards the Spruce Lake Beautification program and $100,000 towards the White Rocks Road Storm Detention Pond roj ect. Respectful) Brian Irving, General nager Saint John Industrial Parks Ltd. 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Y V r rn _ _ - - DRAINACE AREAS 6Wmm+ gnu Y x </v 251Ae~mi .tom - arncE a-KC a....ae I ~F hil .xn Fyi Q.15 -0IDg~ Y9 5- _ A S A2 050 sa 2[I b.3a - I AS 4t] I At] 19.at I Ali 552 Aa I 655 13 666 A2g 059 / n5 1 Q.SnI Aa (}Ta I nzs 1 P.lY P¢ Pza 5 g4 aza Paz a.a2 Ia aaa Az5 I.sS @ 0.25 A'T 635 A25 202 - As a.s5 Ala -..D.25I I I x CL€EW I SAINT JOHN INDUSTRIAL PARKS LTD. .SAINT JOHN. NEW BRUNSWICK I PROJECT I SPRUCE LAKE INDUSTRIAL PARKS WHITE ROCKS ROAD €mAS€r ~ SAINTJOHN NEWRRUNSWICK 1 SHEET DESCRIPTION I STORM DRAINAGE J EROSION & SEDIMENTATION CONTROL PLAN { td-rrain aa£XCE of MncTr✓.L scaura+s j 54.a»a.seb 1 a I~~row .sw~a I Iat=arc-zwlk INp-I 0 RF p IDHK`0I DATE COUKROM May 5th, 2009 Mayor Ivan. Court & Common Council City of Saint John Saint John, New Brunswick Your Worship, I was disheartened last week to find out that my proposal to the Saint John Community Arts Funding Program regarding the June 30th Canada Day Countdown music festival was rejected. Going into it's 5th year the Canada Day Countdown has hosted multiple East Coast Music Award winners and thousands of fans in a concert showcase truly unique not only to Saint John but in all of Canada. The economic spin off of the event could be estimated in the 100's of thousands of dollars in the Uptown area with average attendance at the annual free concert on the Market Square Boardwalk close to 5000 people. Each year other corporate & community sponsors such as McDonald's, the UNB Saint John SRC and Atlantic Lottery have also contributed to the Countdown celebrations allowing the non-profit event to be free and enjoyed by music fans from across the city & province. While I fully expect many of those corporate sponsors to continue their support, funding from the city is also critical in ensuring a successful event. hereby request to come before Common Council at the earliest convenience to make a funding request of $3000 for the Canada Day Countdown. I've attached my initial proposal to the Community Arts Funding Program for your review. Please contact me directly with any questions that you may have. st Rc ids, Craig Ilen Committee Member & Event Founder Canada Day Countdown 506-333-9675 info@craigallen.ca 386 COUNTUOWN Community Arts Funding Program Application 2009: Canada Day Countdown Music Festival Market Square Boardwalk June 30th 2009 387 1 00 f;~ _y ~r y_T __1 Largest Boardwalk Crowds in 20 years - The Canada Day Countdown 2005, 2006, 2007 & 2008 m, ADrn DAY Community Arts Funding Program Application 2 388 77 I About the Canada Day Countdown.... Wanting an edgy, focused, celebratory event to ring in Canada Day in the country's first incorporated city, a group of young people lead by community group FUSION proudly introduced Canada Day Countdown to Saint John on June 30, 2005. Starting at dusk and culminating in a New Year's Eve-style countdown to July 1 st midnight, the Countdown has attracted award-winning bands and record-setting crowds to the Market Square Boardwalk - and has earned the reputation of an event that is a unique amongst other Canada Day celebrations in Saint John and around Atlantic Canada. Entering its fourth year, the Canada Day Countdown continues to be an event that people are planning for and want to be involved in - from artists to sponsors to Atlantic Canadians wanting to kick-start Canada's birthday party in Saint John.. 2009 offers continued to excitement and already plans are well under way for another successful party this June 30th. The Market Square Boardwalk returns as a Canada Day Countdown headquarters in the city & serves as the ideal outdoor venue in Uptown Saint John with its restaurant and bar facilities, plus close proximity to hotels and a backdrop of historic and urban uptown Saint John. The Boardwalk can accommodate the anticipated crowd and host requirements for performers and sponsors. Once again for 2009, community groups & sponsors have signed on as enthusiastic partners for this event. The 2009 Canada Day Countdown is scheduled to contain the following elements on June 30th: Evening Music Festival on the Boardwalk (A 19+ Event) The event will be targeted for a 19-40 demographic, and access will be available only to adults similar to music festivals such as the Harvest Jazz & Blues Festival in Fredericton and Salty Jam. here in Saint John. This strategy keeps Canada Day itself for families and allows the Canada Day Countdown to become the destination for young adult musical fun. The 2005-08 Canada Day Countdowns were free events and the 2009 event will be a free musical concert as well. Past crowds have exceeded 4000 people. A popular rock band will be presented as the key attraction to the Canada Day Countdown. It has been important to choose acts that are hip, cutting edge and relevant to properly target the demographic that we are seeking. Previous year's event line-ups included ECMA winning acts such as The Trews„ Wintersleep, Matt Mays, Slowcoaster, Hey Rosetta & In Flight Safety Similar acts will courted for the 2009 event with marquee names such as the Joel Plaskett Emergency currently being discussed, The event will begin at 7pm and last until approximately 1 am. The event will be promoted as a "Rain or Shine" event, 3 A D;",.Y C bi Community Arts Funding Program Application 389 In order for the 2009 Canada Day Countdown to once again see tremendous success, significant support from sponsors will be required, Sponsorship generates substantial revenues to cover the costs associated with these free community events. Past sponsors being courted for this year's event included McDonald's Restaurants, U'NB Saint John, Market Square, Evolving Solutions, Moosehead Breweries & the Wave Radio. The 2009 event requires $10 000 in financial sponsorship with Market Square & their tenants picking up the remaining expenses. The volunteers of the non-profit Saint John Canada Day Committee Inc organize the event. 2009 Event Budget Musical Acts: $10 000 Sound & Lights: $2500 Security: $1000 Media Promotion: $1000 Poster Design. $300 Poster Printing: $500 Total $15300 Canada Day is coming fast... The Saint John Canada Day Committee Inc. is very excited to submit this application to the Community Arts Funding Program for a $3000 contribution to the event. We look forward to the City of Saint John being part of the team required to make the Canada Day Countdown a national recognized success. We truly believe in the potential of these events to continue to promote Saint John as a regional destination for Canadians to seek fun, excitement, music & culture and also as a vehicle to increase the profile of the "new" Saint John amongst young people across Canada. We all have a stake in our community. Let's work together and support growth and new vibrancy in our city. We look forward to further discussing your support of the 2009 Canada Day Countdown in the City of Saint John. Contact Craig Allen Saint John Canada Day Committee Inc, 506.333.9675 info@a craigallen.ca We encourage you to visit Canada Day Countdown Online at: httD://www.canadadavcountdown.ca Community Arts Funding Program Application 4 390 NEW BRUNSWICK POLICE ASSOCIATION Mayor Ivan Court and Council April 29h./09 City of Saint John c/o Common Clerk Dear Elected Representatives: The New Brunswick Police Association has conducted an in-depth review of all policing services and the funding structures in place throughout the province. Presently the Federal and Provincial governments subsidize the policing costs in 268 Local. Service Districts and 76 municipalities under the Provincial Policing Services Agreement. In addition the Federal government subsidizes 9 of the 13 municipalities under Direct Contract. The amount of the Provincial subsidy for 2008 equalled $27.1.1 m. In addition the Federal government gave the Province 8.8 m last year to increase " front line" policing. We believe some of this money could be used for municipal regional policing. We herein request to meet with Council in committee of the whole at your earliest opportunity to outline these matters further. Thank you, Dean Secord President NBPA 506-653-1175 506-672-5650 391 May 18, 2009, The Common Council of Saint John, Your Worship and Councillors: The reaction and response to my letters of February 10, 2009 and April 27, 2009, demonstrates very clearly that Council is for some unknown reason afraid to touch the 2002 resolution or even go near it in order to find its full meaning. It should not be necessary for me to express the concerns already brought to your attention. They are part of the public record and nothing has been provided publicly by Council to diminish the several problems regarding the vagueness that exists and will continue to exist while the resolution is allowed to stay active and untouched as the authority for pension or income. For obvious reasons Parts 2 and 3 of the resolution cannot be dealing with income. As a pension benefit, I have already mentioned in my February 10 letter about the dubious authority for the resolution. In my April 27 letter, I said "the problem is about the reason for its adoption in that form, what if any legal input went into it, and the consequences of the careless drafting." It is obvious that neither has my previous correspondence alerted you to the question of the validity of the resolution, nor have you seen fit to look deeper into that question. But the question is significant because Councillors and the Mayor are in a limited trustee relationship to the taxpayers with regard to public funds, and personal liability is the risk you are assuming if the resolution does not rest on a solid legal footing and is later determined to be illegal. A textbook on "The Law of Canadian Municipal Corporations" says, "As a general rile the act of the council in passing an illegal resolution does not bind the corporation and the legal consequences arising from the illegality should be visited not on the corporation but on the offending members who passed the resolution." This resolution has a frurther complication in the fact that a majority of the present Council did not pass the resolution. If there is a question about the legality of the resolution, it does not seem logical that the present members could ignore the question, especially when no public funds have been paid to date. It is certainly true that what I believe about the resolution carries no weight as to what action Council should take, but that is not a reason to ignore and assume that what has been done is sound and legal. The content of the 2002 resolution and its attempt to pay pension benefits, whatever they may be to which the resolution alludes, raises a legal question because of existing laws and the precedent of the actions by former Councils and the procedure that was followed to put the pension benefits into effect. In 1944, 1946, 1957, and 1977 Council gave retiring allowances to individual City employees through amendments to the City's Pension Act. 392 In 1935 an Act was passed by the legislature enabling the Saint John Power Commission to "establish a find for the payment of superannuation or retiring allowance to permanent employees." That Act sets no maximum pension and gives a wide discretion to a three person Trustee board. It is also significant that the Act included a Section which reads: "Such action as the said Power Commission may have already taken to provide for such superannuation or retiring allowance is hereby retrospectively authorized and confirmed." In 1948, the Municipality of the City and County of Saint John sought and obtained legislation to pay a retiring allowance to employees who were ineligible by reason of age or otherwise to take part in the general Plan. If Council is desirous of giving some financial arrangement to the City Manager "for life in equal monthly installments," and is of the opinion that the maximum pension provision is too low for the City Manager's position, Council should seek the appropriate amendment to the Pension Act for the City Manager or the position, in an open and transparent way. The circumstances surrounding this 2002 resolution is completely opposite to openness and transparency, with Council now wanting the citizens to believe that the drafting of the resolution somehow mysteriously occurred and fell out of the sky untouched by senior appointed officials. The main senior appointed officials who were there when the resolution was drafted and adopted in 2002, are still there and it is outrageous that they have not been able to settle any dispute about its financial limitations and intention . The silence continues and we do not know why this ground breaking resolution got before Council for adoption, in this form. Section 18.1 of the Procedure By-Law is significant to this sort of Council action. As a matter of fact it was enacted into law in the early 1970s for situations when the City Solicitor might encounter pending Council action that called for initiating advice or an opinion without a Council request for such advice or opinion. Section 18.1 states: "All by-laws, resolutions and contract documents shall, before presentation to the Common Council have been approved as to form and legality by the City Solicitor or his/her authorized representative..." Another law that is relevant is the private legislation applicable to the City of Saint John making the City Solicitor independent of the City Manager and directly responsible to Council. This law is meaningless when left alone in a dusty law book. Its relevancy and life only takes on importance when it is appropriately used, especially in similar circumstances to the situation surrounding all aspects of this 2002 resolution. 393 With such widespread agreement about the resolution being unclear and ambiguous, it is inappropriate to look to the City Manager for help as to its meaning. Furthermore, it makes no sense to make monthly payments under the resolution through an agreed arrangement with the City Manager as to its meaning, when the potential exists for future City Managers to argue that the resolution really means something different for the position. If there is no conflict of interest, the City Officials, in particular the City Solicitor, the Commissioner of Finance, and Mr. Beckett, who was the Commissioner of Finance at the time the resolution was adopted, should come forward in writing with the foundation for the resolution, an interpretation, a reasonable and rational explanation and an official settling position for the City on the frill extent of the annual financial commitment. This would give the official position of the city from the Officials who are responsible under law for that advice and opinion, independent of the City Manager. With that known, you may decide to make a fresh start by rescinding the Parts 2 and 3 of the May 13, 2002 resolution. The longer the silence continues, the longer nobody takes responsibility for this 2002 resolution, the longer nobody explains what "calculated with sole reference to section 10(2) of the Act..." means in connection with the "supplemental pension calculated as 2% of the annual salary...", the more it becomes very strange and odd. This resolution, if it stays and is not independently explained by the Officials involved, is the kind of resolution that would probably make the Bard wonder again about Denmark. Yours truly, (source verified) Frank Rodgers 394 395