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2009-07-06_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 06, 2009 Committee of the Whole 1. Call to Order 5:00 P.M. 8th Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)0) 1.2 Employment Matter 10.2(4)0) 13 Employment Matter 10.2(4)0) 1.4 Personnel Issue 10.2(4)0) 1.5 Nominating Committee 10.2(4)(b) 1.6 Employment Matter 10.2(4)(f) 1.7 Contract Negotiations 10.2(4)(c,d) Regular Meeting 1. Call to Order - Prayer 6:30 P.M. Council Chamber 2. Approval of Minutes 2.1 Minutes of June 15, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter Regarding Public Restrooms (Recommendation: Receive for Information) 5.2 Crescent Valley Community Tenants Association Invitation to Fun Days (Recommendation: Receive for Information) 5.3 River Road Community Alliance (Recommendation: Receive for Information) 5.4 Dashwood Letter Re Negative Publicity (Recommendation: Receive for Information) 5.5 Albert Brun - Building Certificate Application - 109 Crawley Road (Recommendation: Refer to City Manager) 5.6 Campbell Letter Re Renaming of Market Place (Recommendation: Refer to City Manager) 5.7 Debly Letter Re Expropriation of the Estate of A.J. Debly (Recommendation: Refer to the City Solicitor) 5.8 Contract No. 2009-18: Chip Seal - 2009 (Recommendation in Report) 5.9 Proposed Public Hearing Date 693 - 697 Manawagonish Rd and 105 Mountain View Dr (Recommendation in Report) 5. 10 Millidgeville Community Centre Contract Extension (Recommendation in Report) 5.11 Transfer of Land to East Point Inc. (Recommendation in Report) 5.12 Purchase and Sale Agreement - 252 Golden Grove Rd (Recommendation in Report) 5.13 Land Acquisition Watershed Portion of PID 351551 3rd Lake Rd Baxters Corner (Recommendation in Report) 5.14 Land Acquisitin Watershed Portion of PID 00428524 4361 Loch Lomond Rd (Recommendation in Report) 5.15 Saint John 225 Funding (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 United Way Day September 3, 2009 8. Delegations/ Presentations 8.1 Geothermal Energy (Mayor Court) 8.2 Status of the 2004 Recreation Facilities Commission 83 Saint John Transit 9. Public Hearings 7:00 P.M. 9.1(a)Proposed Municipal Plan & Zoning By-Law Amendments 99 Hazen St 9.1(b) Planning Advisory Report Recommending Municipal Plan and Rezoning Amendements with Sec 39 Conditions 9.2(a) Proposed Zoning By-Law Amendment 899 Grandview Ave 9.2(b) Planning Advisory Committee Report With No Recommendation - Tabled by Committee Until a Later Date due to Applicant Being Absent 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment 994-1000 Rothesay Rd 10.2 Proposed Municipal Plan Amendment 47-51 Ross St., 63-60 Ross St. & 72- 74 St. James St 11. Submissions by Council Members 11.1 Minimum Property Standards Statistics from May 2008 to May 2009 (Councillor McGuire)(Tabled on June 22, 2009) 11.2 Soccer Field for Carleton Centre and Market Place (Councillor Killen) 12. Business Matters - Municipal Officers 12.1 City Manager: Engineering Design Services - Milford Drainage Basin - Stormwater System Improvements 12.2 City Manager: Provision of Cell Phone, Blackberry, Paging and PC Data Cards 123 City Manager: Saint John Harbour Clean Up Program 12.4 City Manager: Rothesay Road (Route 100) - (Clairmont Street to Railroad Overpass) - Sanitary Sewer, Storm Sewer and Road Reconstruction - Provincially Designated Highways Improvement Program 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Princess Street Reconstruction (Tabled on June 15, 2009) 15. General Correspondence 15.1 Association Re,,ionale de la Communaute Francophone de Saint Jean inc. Letter Re Jeux D'Acadie 16. Adjournment City of Saint John Seance du conseil communal Le lundi 6 juillet 2009 Comite plenier 1. Ouverture de la seance 17 h - Salle de conference, 8e Rage, hotel de ville 1.1 Question relative a 1'emploi - alinea 10.2(4)j) 1.2 Question relative a 1'emploi - alineas 10.2(4)j) 13 Question relative a 1'emploi 10.2(4)j) 1.4 Question relative au personnel - alineas 10.2(4)j) 1.5 Comite des candidatures - alinea 10.2(4) b) 1.6 Question relative a 1'emploi 10.2(4)j) 1.7 Ne(-Iociations contractuelles - alineas 10.2(4)c), d) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 15 join 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 au sujet des toilettes publiques (recommandation : accepter a titre informatif) 5.2 Invitation de 1'Association des locataires de la collectivite de Crescent Valley pour assister a 1'activite « Fun Days » (recommandation : accepter a titre informatif) 5.3 Alliance communautaire du chemin River (recommandation : accepter a titre informatif) 5.4 Lettre de M" Dashwood concernant la publicite negative (recommandation accepter a titre informatif) 5.5 Albert Brun - Demande de permis de construire concernant le 109, Chemin Crawley (recommandation : transmettre au directeur general) 5.6 Lettre de M. Campbell au sujet du changement de nom de la place Market (recommandation : remettre au directeur general) 5.7 Lettre de M" Debly concernant 1'expropriation de la propriete de A.J. Debly (recommandation : transmettre a Pavocat municipal) 5.8 Contrat no 2009-18 concernant la pause d'enduit superficiel en 2009 (recommandation figurant au rapport) 5.9 Audience publique visant les propri6t6s situ6es au 693 - 697, chemin Manawagonish et au 105, promenade Mountain View (recommandation figurant au rapport) 5.10 Prolongation du contrat du centre communautaire Millidgeville (recommandation figurant au rapport) 5.11 Transfert d'un bier-fonds a East Point Inc. (recommandation figurant au rapport) 5.12 Convention d'achat-vente visant la propri6t6 situ6e au 252, chemin Golden Grove (recommandation figurant au rapport) 5.13 Acquisition de bier-fonds relative au bassin hydrographique de la propri6t6 portant le NID 351551 situ6e au chemin 3rd Lake a Barters Corner (recommandation figurant au rapport) 5.14 Acquisition de bier-fonds relative au bassin hydrographique de la propri6t6 portant le NID 00428524 situ6e au 4361, chemin Loch Lomond (recommandation figurant au rapport) 5.15 Projet de financement de Saint John 225 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e de Centraide du 3 septembre 2009 8. Delegations et presentations 8.1 Energie g6othermique (maire Court) 8.2 Statut de la commission sur les installations de loisirs en 2004 83 Commission des transports de Saint John 9. Audiences publiques 19h 9.1a) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant le 99, rue Hazen 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant les modifications relatives au plan municipal et au rezonage et des conditions pr6vues par Particle 39 9.2a) Projet de modification de 1'arret6 de zonage visant le 899, avenue Grandview 9.2b) Rapport du Comit6 consultatif d'urbanisme sans recommandation - Report6 A une date ult6rieure par le Comit6 en raison de l'absence du requ6rant 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 994-1000, chemin Rothesay 10.2 Projet de modification du plan municipal visant le 47-51 et le 63-60, rue Ross et le 72-74, rue St. James 11. Interventions des membres du conseil 11.1 Statistiques sur les normes minimales r6gissant les residences de mai 2008 a mai 2009 (conseiller McGuire) (point report6 a la seance du 22 juin 2009) 11.2 Terrain de soccer pour le centre communautaire de Carleton et pour la place Market (conseiller Killen) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Services de conception technique - Bassin versant de Milford - Modernisation du reseau d'egouts pluvial 12.2 Directeur general : Fourniture de telephones cellulaires, de Blackberry, de teleavertisseurs et de cartes de domiees pour PC 12.3 Directeur general : Programme relatif aux travaux de nettoyage du port de Saint John 12.4 Directeur general : Refection du reseau d'egouts pluvieux et sanitaires sur le chemin Rothesay (route 100) (de la rue Clairmont au passage superieur du chemin de fer) dans le cadre du programme d'amelioration des routes municipales designees 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 14.1 Refection de la nee Princess (point reporte a la seance du 15 join 2009) 15. Correspondance generale 15.1 Lettre de 1'Association regionale de la communaute francophone de Saint-Jean inc. concernant les Jeux de 1'Acadie 16. Levee de la seance 6 i The City of `Saint John July 6, 2009 Common Council of the City of Saint Jahn His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of July 6, 2009 contains the following items on the agenda: 1.1 Employment Matter 10.2(4)0); 1.2 Employment Matter 10.2(4)(j); 1.3 Employment Matter 10.2(4)(j); 1.4 Personnel Issue 10.2(4)(j); 1.5 Nominating Committee 10.2(4)(b); 1.6 Employment Matter ; 1.7 Contract Negotiations 10.2(4)(c,d) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of Council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion": 1.1 Employment Matter 10.2(4)6): (j) labour and employment matters, including the negotiation of collective agreements; 1.2 Employment Matter 10.2(4)6): 0) labour and employment matters, including the negotiation of collective agreements; 1.3 Employment Matter 10.2(4)(j): (j) labour and employment matters, including the negotiation of collective agreements; 1.4 Personnel Issue 10.2(4)(j): (j) labour and employment matters, including the negotiation of collective agreements; 1.5 Nominating Committee 10.2(4)(b): (b) personal information; 1.6 Employment Matter 10.2(4)(f): (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business.; 1.7 Contract Negotiations 10.2(4)(c,d) (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposition of land for a municipal purpose; Respectfully Submitted, athan Taylor As taut Com..mo.n..C erk SAINT JOHN R.O. Box 1971 Saint John, NB Canada B2L 4L1 I www°r.saintiohn.ca I C.R, 1971 Saint Jahn, N.-B. Canada E2L 4L1 94.499 COMM COLMUCONSOL CON LA AL JUNE 15, 2009/LE 15 JUN 2009 COMMON COUNCIL mEEnK G- THE aTY OF SAINT JOHN aTY HALL-JUKE 15, 2009 7.15 P.M Present: Ivan Court, Nbyor Deputy Nbya Chase and C incillors Court, Fan-en, Higgins, Nllen, McGuire, Mott, Snook, Sullivan, and Titus - and - T Totten, City Mbnage , J. Nugent, City Solicitor, G Yeomans, Cam issiaier of Finance and Treasurer, R Groody, C m issior-ff of Municipal Cperatio ns; K Forrest, Corrmssiane- of Planning and Develop imnt; A. Poffenrdth, Deputy C m issionerof Buildings and Inspection Services; R V\bods, Deputy City Mon, B. Reid, Chief of Police, M. Gillen, Deputy Fire Chief, B. Nb nson, Camissiane- of Leisure Services; E Gamey, Cannon Clerk and J. Beltrarxf Chann, Achiristrative Assistant. SEANCE DU OMML COMMLP44L DE THE aTy OF SAINT JOHN A uHIOTEL DE MLLE- LE 15 JUN 2009 A 19 H 15 Sant presents : Ivan Court, n-dre le n-dre suppleant Chase et les conseillers Court, Fanen, Higgins, NlIen, McGuire, Mott, Snook, Sullivan et Titus et T Totten, directeur general; J. Nugent, avocat mxicipal; G Yew-ms, ocamssaire aux finances et treswer, R Groody, oorrmssaireauxoperationsmxicipales; K Forrest, oorrmssaire a IVDanisme et au developperent; A. Foffenroth, oorrmssaire adjant aux services dinspection et des batinmr ts; P. V\bods, directeu- general adjoint; B. Reid, dnef de police; M. Gillen, dnef adjoint du service dincen fe; B. Morrison, oorrmssaire aux services des lasirs; ainsi que E Gomiey, greffiere oor u-de et J. Beltrard Chom, adjointe adn iristrative. 1. Call To Order -Prayer Mayor Court called the mmeting to order and Pastor Chiasson offered the opening prayer. 1. Ouverture de la seance, suvie de la priere La seance est ouve-te par le n-dre Court, et le pasteur Chiasson recite la priere douverfixe. 2 Appraval of NimAm Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\/ED that the n inutes of the meeting of Comm Council, held on May 25, 2009 be approved. Question being taken, the rrrotion was carried 2 Approbation du pr+oces-verbal Proposition du conseiller Titus Appuyee par le conseiller McGuire RESCLU que le prooes-verbal de la seance du Conseil cmTm-al tenue le 25 n-d 2009 sat Wo rve. A Pissue du vote, la proposition est adoptee. 94-500 COMMON ©OLMUCONSBL CORM A AL JUTE 15, 2009/LE 15 JUN 2009 a Approval of Agenda Cn rrrtion of Councillor Titus Seconded by C ur-d1lor McGuire RESOLVED that the agenda be approved vvith the addition of item 3. 1, Resignation/Retirer ent Agreement vvith Terrance Totten. Question being taken, the motion w?s carried a Adoption de I'ord a du jour Proposition du oonseiller Titus Appuyee par le eonseiller McGure RESOLU que I'ord-e du jour de la presente reunion sat adopte, rroyennant I'lout du pant 3. 1, Entente eondue avecTerrence Totten relativerrent a sa demission et a son depart a la retraite. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits dinrterets 9. Public Hearings 7:00 RIM. 9.1(a) Proposed Zoning Br-LawAmerxlment 806 Marrmnragonish Rd 9.1(b) Planning Advisory Committee RconTnenrding Rmoning The corrnr m Clerk advised that the necessary advertising w?s eonpleted wth regard to amending SJmdule "A', the Zoning W of The city of Saint John, by re-zoning a parcel of land vvith an area of approxin-dely 1736 square metres, located at 806 Mmweigonish Road, also identified as R D ruTber 55154322, from "R 1A" one Farrily Residential and "R 2' One and Tw Farrily Residential, to "R-4" Fax Fan ily Residential vvith no o4ections being received. Consideration was also given to a report from the Planning Advisory Comrittee submitting a copy of Planning Staff s report considered at its June 2nd, 2009 meeting at W ich tine the Committee recorrrrencled the rezoning of a parcel of land located at 806 ManaAegonish Road as described above vvith Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning wth no are presenting. The Mayor called for members of the public to speak in favor of the re-zoning vvith Peter Mackenzie from Comeau Mackenzie Architectuie stating that he wm in ag-eanent wth the staff report and reoorm-er>detions. On motion of councillor court Seconded by cou cillor Shook RESCLVED that the by-ladv entitled, "A Iav to Amend the Zoning By-Iavvol' The City of Saint John" amending Scliedule "A', the Zoning Map of The City of Saint John, by re-zoning a parcel of land vvith an area of approximately 1736 square metres, located at 806 Ubwagorish Road, also identified as RD nun ber 55154322, from "R 1A' One Farrily Fbsidential and "R 2' Cne and Tw Farrily Residential, to "R-4" Four Family Residential, be read a first tine. Question being taken, the motion ves carried Read a first tine by title, the by-ladventitled, "A La vto knend the Zoning E~-Iavvof The city of Saint John.,, On motion of Cou cillor Titus Seconded by Councillor Court RESOLVED that the by-ladv entitled, "A Iav to Amend the Zoning By-Iavvol' The City of Saint John" amending Scliedule "A', the Zoning Map of The City of Saint John, by re-zoning a parcel of land vvith an area of approximately 1736 square metres, located at 806 Manmagorish Road, also identified COMM COLMUCONSEll_ CaMML JUNE 15, 2009/LE 15 JUN 2009 as RD number 55154322, from "R 1A' One Family Residential and "R Z' Ore and Two Family Residential, to "R-4" Four Fan ily ResicMial, be read a second tine. Question being taken, the motion was carried Read a second time by title, the by-laNentitled, "A LaNto Arrffnd the Zoning B)~-LaNof The City of Saint John.,, 9. Audiences publiques a 19 h 9.1a) Prciet de modification de I'antte de zormW visarrt le 806, chemin Manm eigonish 9.1 b) Rapport du Comte c onsultatif durbarrisms recd miarrdant le rezonage La greffrere c onmrrale indique que les avis requs ont ete publies relativemaft a la rracificeition de I'annexe A plan de zonage de The City of Saint John, en prockdant au rezonage duce parcelle de terrain dune scpei ficie denviron 1735 m7tres canes situee au 806, then in Mm agonish et portant le N D 55154322 afin de faire passer la classification s'y rapportant de zone residentidle - habitations unifamiliales « R 1A» et de zone residentielle de banlieue- habitations unifamiliales et bifamiliales «R&2» a zone resicla tidle- habitations de quatre logemmi-its « R-4 et gcla,rcune objection n'a ete revue a oat egard. Examren dun rapport du Comte consi ltatif dutx-nisme, acconpagrre dui exemplaire du rapport du persorr-el du service duioanis m, etudie lors de la seance du 2jun 2009, pendant IacVdle le Comte a recorrnw& de proceder au rem-age de la parcelle de terrain situee au 806, chen in Nbnawegmish, telle gdelle est decrite d-dessus, sous reserve des conditions inposeees par I'artide 39. Le n-dre invite le public a se prononcer eontre le rezonage, mars personne ne prend la parde. Le n-dre invite le public a se prononcer en faveur du rezonage et Peter Nbcker vie de la sodete Comeau Nbckenzie Architedure irxigae qu'il est da=d aver le rapport et la recormneindation du person d. Proposition du conseiller Court Appcyee par le censeiller Snook RESCLU que I'arrete intitcle «Arrete rracifiant I'arrete de zoneige de The City of Saint John rracifiant I'anrwe A plan de zonage de The City of Saint John, en prooklant au rezonage dune parcelle de terrain situee au 805, chemin Nbnanagonish, dune superfrde approxini Live de 1735 mares canes, incite sous le NID 55154322, afin de la faire passer de zone residentielle - habitations urifan iliales «R 1A» et de zone r6ddentielle de barlieue-habitations unifarriliales et bifamiliales «RS-2» a zone residentielle- habitations de quatre Iogerrents «R-4 fasse I'objet dune premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete modifrait I'arrete de zonage de The City of Saint John Proposition du eonseiller Titus Appuyee par le censeiller Ceut RESCLU que I'arrete intitcle «Arrete rracifiant I'arrete de zoneige de The City of Saint John rracifiant I'anrwe A plan de zonage de The City of Saint John, en prooklant au rezonage du-e parcelle de terrain situee au 805, then in Ulan agonish, du-e superfrde approxini Live de 1735 mares canes, incite sous le NID 55154322, afin de la faire passer de zone residentielle - habitations unifamiliales «R 1A» et de zone residentielle de barlieue-habitations unifamiliales et bifamiliales «R&2» a zone residentielle- habitations de quatre logerrents «R-4 fasse I'objet dine cl wderm Iectrxe. A Tissue du vote, la proposition est adoptee. D&Dd6re lecture par titre de I'arrete intitule «Arrete rrcdifiant I'arrete de zoneige de The City of Saint John 10 94-502 COMMON ©oLMUCONSBL CANNLAVAL JI INE 15, 20OaU 15 JUN 2009 9.2 Proposed By-Law Arrmir t To Stop Up and Close a Portion of Crown St The comet Clerk advised that the necessary advertising was oorrpleted with regard to the proposed by-lam anmrdml to stop-up and dose a portion of CroAn Street, by adding thereto Section 206 irrmeciately after Section 205 thereof, with no objections received. The Mayor called for mmnters of the public to speak against the proposed anendrrant with no one presenting. The Mayor called for mmnters of the public to speak in favour of the proposed anendrrant with no one presenting. Cn nmtion of Ca,ncillor Titus Seconded by C uricillor McGuire RESCLVED that the by-laNentitled, "A By-law Respecting the Stopping Up and closing of Hghnays in the City of Sant John' regarding a portion of Crain Street by adding Section 206 irrmeciately after Section 205 thereof, be read a first time. Question being taken, the motion was carried Read a first time by title, the by-ladventitled "A By-law Respecting the Stopping Up and closing of Hghmys in the City of Saint John.,, Cn mmtion of Courxallor Titus Seconded by Courxallor McGuire RESCLVEDthat the by-law entitled, "A By-law Respecting the Stopping Up and closing of Hghnays in the City of Sant John' regarding a portion of Crain Street by adding thereto Section 206 irrreediately after Section 205 thereof, be read a second time. Question being taken, the motion was carried Read a second time by title, the by-lawentitled "A By-law Respecting the Stopping Up and closing of Hghways in the City of Saint John.,, 9.2 Modification proposee de I'ant#e sur le zor age Asarrrt la fi mieture et le barrage dun trongon de la rue Crown La greffiere oonTa hale indique clue les avis recluis ont ete publies relativemant au projet de modification de I'arrete sur la fenTeture de rates en we de ferrrer et de barrer un tronpon de la rue Crain, et par I'lout de I'artide 206 a la suite de I'artide 205, et qu'aueune opposition n'a ete regue. Le moire invite le public a e)#mer son opposition qu ant a la modification proposee, rums persanne ne prend la parole. Le moire invite le publics e)#n-er son appui quant a la modification proposee, rums perscnne ne prend la parole. Proposition du oonseiller Titus Appu.iyee par le conseiller McGuire RESaU que I'arete intituie «Arrete su- I'intemption de la dreuiatien et lafemnetu re des routes dais The City of Saint John ocncernant un trcrigon de la rue C roAn par I'4out de I'artide 206 s la suite de I'artide 205, fasse I'objet dune prep iere lecture. A Tissue du vote, la proposition est adoptee. Preniere lecture par titre de I'arrete intituie «Arrete ooncemant la fermeture et le barrage de rates clans The City of Saint John Proposition du oonseiller Titus Appu.iyee par le conseiller McGuire RESaU que I'arete intituie «Arrete su- I'intemption de la drex latien et lafemrture des routes dens The City of Saint John ocncernant un trcrigon de la rue C roAn par I'4out de I'artide 206 s la suite de I'artide 205, fasse I'objet dune clwderre lecture. 11 COMM COLMUCONSEll_ CaMML JUNE 15, 2009/LE 15 JUN 2009 A Tissue du vote, la proposition est adoptee. DewAerre lecture par titre de I'arrete intitule «Arrate eoneemant la fenreture et le barrage de routes dens The City of Saint John 9.3 Proposed By-Law Arrnent To Stop up and Close a Portion of Mtdiell St. The Corrnm Clerk advised that the necessary advertising was ow-pleted with regard to the proposed by-laNarnendr art to stop-up and dose a portion of Mtd-dl Street, by adding thereto Section 205 immediately after Section 204 thereof, with no objections received. The Mayor called for mmnters of the public to speak against the proposed annandrnant with no one presenting. The Mayor called for mmnters of the public to speak in favour of the proposed amendment with no one presenting. Cn motion of C uricillor Titus Seconded by C uri llor Farren RESCL\EDthat the by-lawrentitled, "A B)~-lawr Respecting the Stopping Up and closing of Hghw,ays in the City of Saint John' regarding a portion of Mtd-dl Street by adding Section 205 inTnedately after Section 204 thereof, be read a first tirrre. Question being taken, the mmtion was carried Read a first tirrre by title, the by-lawentitled A By-law Respecting the Stopping Up and closing of 114mays in the City of Saint John." Cn motion of Councillor Titus Seconded by Councillor Court RESW ED that the by-law entitled, "A By-law Respecting the Stopping Up and closing of Hghw,ays in the City of Saint John' regarding a portion of Mtd-dl Street by adding thereto Section 205 inTnedately after Section 204 thereof, be read a second tine. Question being taken, the mmtion was carried Read a second tirrre by title, the by-lawentitled "A By-law Respecting the Stopping Up and Closing of Hghways in the City of Saint John." 9.3 Modification proposee de I'arr>rte su- le zonage Asarnt la femAm et le barrage dui troncon de la rue Mtdiell La greffiere oon axde indique que les avis requs ont ete publies relativernent au projet de modification de I'an-6te su' la fenreture de routes en vue de fencer et de barrer un trongon de la rue Mtchell, et par I'lor rt de I'artide 205 a la suite de I'artide 204, et qu'a-a rie opposition n'a ete regue. Le n-dre invite le public a e)#n-e son opposition quart a la modification proposee, mars persome ne prend la parole. Le n-dre invite le publica e)#n-er son appui quart a la modification proposee, n'ds persanne ne prend la parole. Proposition du eonseiller Titus Appcyee par le conseiller Fan-en RESCLU que I'arrete intitdle «Arrete sr r I'intemption de la circulation et IafermEtr re des routes dens The City of Saint John oax erralt un trorrgon de la nee Mtd-dl par I'lo rt de I'artide 205 a la suite de I'artide 204, fasse I'oW dune prep iere lecture. A Tissue du vote, la proposition est adoptee. 12 94-504 COMMON ©OLMUCONSBL CANNLAVAL JUNE 15, 2009/LE 15 JUN 2009 Pren iere lecture par titre cle I'arete irtitcle «Arrete eoncernant la fermeture et le barrage cle routes clans The City of Saint John Proposition du omseiller Titus Appuyee par le conseiller Count RESCLU que I'arete intitcle «Arrete sur I'intemption cle la circulation et laferrreture des routes dens The City of Saint John concernant un trerrpon cle la rue Mtcl-e11 par I'ajout cle I'artide 205 a la suite cle I'artide 204, fasse I'objet dune deLDderre lecture. A Tissue du vote, la proposition est adoptee. Dewderre lecture par titre cle I'arete intitule «Arrate eoncernant la fermeture et le barrage cle routes clans The City of Saint John 5. Corisent Agenda 5.1 That the letter of June 2, 2009 from Ovid Brd regarding vehicle clamage be referred to the City Manager. 5.2 That the letter of June 9, 2009 from Eric Teed regarding Cams pity Gardens be received for irforn ation. 5.3 That as recon n ended by the City Manager, The City of Saint John enter into a M mmra-dum of Argreerrerit \t& the Canadian Emergency Mbnagernent College, dated June 111h, 2009 respecting the participation of meniDers of the Saint John Fire Department in the facilitation of Canadian Emergency Mbnagerrent College prograTn ing. 5.4 (Refer to item 14.1) 5.5 That as recorrn ended by the City Manager, the subrritted report, NW 2009-152 entitled: Red Head Road Sanitary Forcen-dn, Voter &SwH Mbins, Slope Stabilization and Road Reconstruction, be received for irfam Lion. 5.6 That as recorrnended by the City Manager, Contract 2009-04: V\bstrrciand Road w ter booster station upgrade be aA,arded to the Io,Ntenderer, Feirville Construction Ltd, at the tendered price of $137,747.00 as calculated based upon estimated quantities, and further, that the Mbyor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That the Saint John Transit request to present before Council be referred to the Clerk to scliedule. 5.8 That as recommended by the City Manager, the proposal from AD Limted for engineering servioes (design and construction nwagernent) for Albert Street Victoria Street to Mbin Street) -%dern-an and sanitary sew- renewal, storm sew- installation, and street reconstruction be accepted and that the Mbyor and Ccrrmon Clerk be authorized to execute the appropriate clocx nrentation. 5.9 (Refer to item 142) 5.10 That as recorrnancled by the City Manager, the tender sulon itted by Damney Ford Sales for the supply of a 2010 Ford F450 4X4 cab and clnassis in the amount of $37, 987.00 plus tax be accepted, and further, that the tender sulmitted by Saint John Spring V\brks for the supply and installation of a front plaN in the wount of $4,500.00 plus tax and a flat bed body in the amount of $7,200.00 plus tax, also be accepted. 5.11 That as recorrnpncled by the City Manager, the tender in the wo nit of $188,200.00 plus tax, for the supply and installation of neNarena boards at the Peter M iTay Arena, be awarded to the low bidder, Erbs Enterprises, as indicated on the summtted sum my of bids. 5.12 That as recon n ended by the City Nbnager, an additional $2,500 contribution to the 2009 Fundy Bay Festival from the Unspecified Grants adlget be approved 5.13 (Refer to item 143) 13 COMM COLMUCONSBL COMA AL JUNE 15, 2009/LE 15 JUN 2009 5.14 That as rec on r Bided by the City Manager, the public hearings for the rezoning applications of Blerdale Investments Ltd. (43 DwsvieN Drive), ConTrerdal Properties (130 Station Street), Dr. Kerry J. Sheppard Professional Corporation (389 & 397 Mllidge Avenue), Paul Tobias (1427 Rothesay Road), Residential Contractors Ltd. (299 Golden Grove Road) and Saint John Adventures Inc. (100 FedIsviewAvenue), be scheduled for Monday, July 20, 2009 at 7:00 p.m in the Ca,ricil Charrber, and the applications be referred to the Planning Advisory Comrrittee for report and recon na-daticn. 5.15 That as rec onTrBi red by the City Manager: 1) The City of Saint John acquire fromthe Province of New Btrnsnick Supply and Services, a property identified as RD number 34785, as is where is, for $1.00 plus HST (if applicable), as illustrated on the submitted rep; and 2) The Mayo and Common Clerk be authorized to execute any document required to finalize this transaction. 5.16 That as recorrnended by the City Manager, The City of Saint John enter into a Crossing Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its general partner, Maritimes & Northeast Pipeline Management Ltd., subject to the terms and conditions in the submitte agreement, for the purposes of facilitating the storm seAff installations as part of the Fairville Boulevard reconstruction project; and further that the Mayo and Carrion Clerk execute the said agreement. 5.17 That as recon r Bided by the City Manager, Com Tm C u ncil issue a warrant for thefdloning newnerriber: Donald Cullen 5.18 That as recon r Bided by the City Manager, and Wth the consent and approval of Blerdale Properties Ltd., The City of Saint John amend the Agreement of Purd-iase and Sale beN~een The City of Saint John and Blerdale Properties Ltd. dated the 4th day of December, 2007 to extend the dosing date stipulated in article 4 of the Ageement to, on or before August 31, 2009, and further, that the Mayo and Common Clerk be authorized to execute the amending agreement. 5.19 (Refer to item 144) 5.20 That as recom7rerxied by the City Manager, Contract No. 2009-14: Asphalt Conoete Resurfacing - 2009, be warded to the Iowtenderer, Debly Enterprises Ltd., at the tendered prioe of $2,963,679.63 as calculated based upon estimated quantities, and further, that the Mayor and Corrrnon Clerk be authorized to execute the necessary contract downents. Cn motion of Courndllor Titus Seconded by C uricillo McGuire RESCUED that the recommendation set out for each consent agenda item respectively with the exception of item 5.4 Princess Street Reconstruction, 5.9 Tender for Market Square Boardwalk Refurbishment - Phase 1, 5.13 Street Name Charge, and 5.19 Frank Rodgers Letter Pension ATangen-ent, Mich have been identified for debate, be adopted. Question being taken, the nmtion was carried 5. Questions smirises a I'approbation du connseil 5.1 Resclu que la lettre de David Brd en date du 2 juin 2009 relative aux domneges au vehioule sat transn ise au directeur general. 5.2 Que la lettre dBic Teed en date du 9juin 2009 relative auxjardins corn m-inautaires sat acoeptee a titre infometif. 5.3 Que corrme le recorrnende le directeur general, the City of Saint John oondue un protocae dentente avec le College canadien de gestion des urgenoes en date du 11 juin 2009 oornoemarnt la participation de membres du Service dincendie de Saint John en vue de faciliter la raise en oeuvre du prog-amrre du College canadien de gestion des u'gences. 5.4 (Voir le pant 14.1) 5.5 Que, oom -e le recorrmende le cirecteur general, le rapport presente s'appliquant au contrat n° 2009-152 relatif auxtravaux visant la ocnduite de refouiement sanitaire, les oonduites Beau et d6gic uts, la stabilisaticn de la pence et la refection du chemin Red Head, sat accepte a titre inform tif. 14 94-506 COMMON ©OLMUCONSBL CANNLAVAL JUNE 15, 2009/LE 15 JUN 2009 5.6 Que, oomrre le recorrrr arde le drecteur general, le c antrat n° 2009-04 visant la modernisation de la station de pon Dagerelais du cherrin V\stmoiiand sat accorde au sounissionrnaire Feirville Construction Ltd., au prix dfert de 137 747 etabli a partir de quantites estini Lives, et que le moire et la g-effiere c orrrunale scent autorises a signer les clocurents oantractuds neoessaires. 5.7 Cue la dmmrde sounise par la ocamssion des transports de Saint John visant a se presenter devant le conseil, sat transnise a la g-effiiere pour qu'elle fixe une date de presentation. 5.16 Que, oomrre le recorrrencle le drecteur general, la proposition presentee par 1'entreprise AD United, relative aux services dingeniaie (gestion de la conception et de la construction) afferents aux travaux de refection de la rue Albert (de la rue Victoria a la rue Nbin), au re mivellennent de la condkate deau principale et des egouts sanitaires et a l'installation des egouts pluviaux de oette rue, scit acceptee, et que le moire et la g-effiere comunale scent autorises a signer la cloo,nEntatlon ex* a oat egard. 5.9 (Vcir le part 14.2) 5.10 Que, corm-? le recornexle le drecteur general, la sounission presentee par Danney Ford Sales Ltd. pour la fourriture dun carrion a d-6ssis-caloine de marque Ford, modele 2010, F-450, quatregquatre au montant de 37 967 taxes en sus, sat acceptee et, de plus, que la sounission presentee par Saint John Spring V\brks relativerrent a I'approvisia rier>?rit et a l'installation dun dnasse-neige avant au montant de 4 500 taxes en sus, et dune plate-fom a au montant de 7 200 taxes en sus, sat egElennent acceptee. 5.11 RESaU que, c cmTe Ie recarnande Ie cirectecr general, Ia scunission au monttant de 188 200 taxes en sus, relative a la fourriture et a l'installation de nouvelles bander de patindre a I'arena Pete- Mirray, sat accordee au sounissionr afire le rra r&dsant, Erbs Enterprises, corm-? I'indique le som -dre des sourissions presente. 5.12 Que, oomrre Ie recarnande Ie cirecteur general, la scan-? additiomelle cle 2 500 $ prove~ du budget reserve aux subventions non spedfiees sat attribuee au Festival de la bane de Fundy 2009. 5.13 (Vcir le part 14.3) 5.14 Que, oomrre le recornrencle le drecteur general, la date des audiences publiques sat fixee au Iundi 20ju11et 2009, a 19 h, dans la salle du co nseil, relativennent aux denmr des cle rezonage deposees par B lercide I nvestrrants Ltd. (43, p um- ade Damisvievo, C m-erdal Properties (130, rue Station), D Kary J. Sheppard Professional Corporation (389 et 397, avenue Mllidge), Paul Tobias (1427, dnen in Rofhesay), Residential Contractors Ltd. (299, chenin Golden Clove) et Saint John Adventures Inc (100, avenue Fallsv", et que Ies damrdes scent sounises au Comte consultatif duioanisme aux fins de la presentation dun rapport et de recorrrrendations. 5.15 Cie, cmme le recarnande Ie cirecteur general : 1) The Qty of Saint John olotienne du ninistere des Approvisiornnen-ents et Services de la province du Nouveau-Brunsvvick I'attribution dune parcelle de terrain insaite sous le NID n° 34785, telle quelle, la ou elle se situe, au montant de 1$, taxes en sus (le cas edneant), c cmTe I'illustre la carte la carte presentee; 2) le n-dre et la greffiere ccnTa rule scent autorises a signer Ies clocxxrrents requs afin de conduce oette transaction. 5.16 The City of Saint John condue une convention cle consentennent de croiserrent entre elle-rren-e et Nbdtirres & Northeast Pipeline United Partnership, par 1'entrenise de son oorr wditaire, Nbritirres & Northeast Rpeline Nbnagerrent Ltd., sous reserve des modalites prevues a la convention presentee, afin dinstalle- des egouts pluviaux, clans le cadre du projet de refection du boulevard Fairville, et que le n-dre et la greffiere c cmTurale signent ladite convention. 5.17 Cie, cmme le recammrde Ie cirecteur general, le cansdl corm -d accorde la procuration n6cessaire au nouveau rren-bre savant : Donald Cullen. 15 COMM COLMUCONSBL COMA AL JUNE 15, 2009/LE 15 JUN 2009 5.18 Que, omm-e le recamurxle le cirecteur general, et sous restive du consentaTent et de I'approbation dBlerdale Properties Ltd., The City of Saint John rradfie la ocnvertion dadnat-verte condue eettre elle-m&nm et Blerdale Properties Ltd. le 4 deoay bre 2007, de rreniere a proroger le ddai de la date de doture stipuee a la section 4 de ladite convention jusquau 31 aout 2009 au plus tard, et que le maire et la g'effiere corm uncle scent autonses a signer la convention rracificative. 5.19 Ndr le pant 14.4) 5.20 Que, c ame Ie recm rarde le cirectear general, Ie contrat n° 2009-14 visart Ie resufapage au n oyen de betcn asphaltique pour 2009 silt acocrde au saunissiamaire le mans-cfisant, Debly Entepnses Ltd, au prix cffert de 2 966 679,63 etabli a partir de quartites estini tives, et que le n-dre et la g-effiere oomYunale silent autaises a signe- Ies docummnts ccrtradWs r6cessaires. Proposition du conseiller Titus Appcyee par le ccnseiller Mire RESCLU que la recormnandation famlee relativerrent a dnaoxne des questions scumses a I'approbation du ccnseil, a 1'exdusion des pants 5.4 Refection de la we Princess, 5.9 Sourission relative a la remise en etat de la pranrenade Market Square - phase 1, 5.13 Changer-at de nom de we et 5.19 Lettre de Frank Rodgers relative aux dispositions du regime de retraite, qu ant ete sdectiames aux fins de discussion, silt adoptee. A Tissue du vote, la proposition est adoptee. Council rrarribers con7rrented on various c cn nrity events. C nTientaires presentes par les memixes Les mentres du Conseil s'exp nm nt scr divemes activites oonTaroutaires. Proclamations Proclamations 10. Consideration of By--laws 10.1 Third Peacing-By-LawAmendment Respecting TrAffic on Sheets in The City of Saint John Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\ED that the by-ladv entitled B)~-Ladv No. W-10 A Lawto Arrend a By-Law Respecting Traffic on Streets in The City of Saint John Made Under theAuthonty of the Motor Vehicle Pot, 1973 and A mncinrents Thereto, by repealing and replacing Section 25, be read. Question being taken, the nmtiorn was carried The by-lawentitled, "By-Law No. W-10 A LawtoArrend a By-Law Respecting Traffic Cn Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Pot, 1973, and Arrendmar is Thereto, was read in its entirety. Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\EDthat, the by-IaNentitled B)~-LaNklo. W-10 A Lawto Arrend a By-Law Respecting Traffic on Streets in The City of Saint John Made Under theAuthonty of the Motor Vehicle Pct, 1973 and A mncinrents Thereto, by repealing and replacing Sedion 25, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the nmtiorn was carried 16 94-508 COMMON ©OLMUCONSBL COMMLAVAL JUNE 15, 2009/LE 15 JUN 2009 Read a third tirre by title, the by-law entitled, "B)~-Law Number M V-10, A Lawto Ama-d a By-Law Respecting Traffic Cur Streets In The City of Saint John Made Under The Authority OF The Motor Vehicle Act, 1973, And Arrerdmnts Thereto. 10. nude des arretes nxxricipaux 10.1 Troisieme lecture -IMo ification de I'arrete relatif Ala circ ullation dans les rues de The City of Saint Proposition du oonseiller Titus Appuyee par le oonseiller McGuire RESCLU que I'arete intitule «Arrete n° W-10 modifiait I'an-6te ooncernant la circulation dens les rues de The City of Saint John edicte ocnforrrerrent a la La surles v6hcu/es a n>oteur(1973) et modifications afferentes abrogeart et rerrpla,- rrt I'artide 26, fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. L'arr6te intitule «Arrete n° W-10 rrodifiant I'an-6te c amemant la circulation dens les rues de The City of Sault John ecicte corforrrarrent a la La surles v6hicules a nuteur (1973) et modifications afferentes» est lu integralemant. Proposition du oonseiller Titus Appuyee par le eonseiller McGuire RESCLU que I'arete intitule «Arrete n° W-10 modifiait I'an-6te eoncernant la circulatien dens les rues de The City of Saint John edicte ocnforrrerrent a la La surles v6hcu/es a n>oteur(1973) et modifications afferentes abrogeart et rerrplaral I'artide 26, fasse I'objet dine trdsierre lecture, que ledit arrete sit edicte et que le sceau ocnTa real y sit appose. A I'issue du vote, la proposition est adoptee. Trdsierre lecture par titre de I'an-6te intitule «Arrete n° W-10 rrio ifiant I'arrete concernant la circulatien dens les rues de The City of Saint John, edidb en vertu de la La surles v6hcules a nuteur(1973) et rracifications afferentes 10. Consideration of By4aws 10.2 Third F?eacing-By-LawArr rent Pespecting PaddngZones, Paddrng Meters and Pay and Display Machines. Cur motion of Couxillor Titus Seconded by Councillor McGuire RESCLVEDthat the by-law entitled By-Law Nurr ber M-7, A By-Lawto Arrend a By-LauvWth Respect To Parking Zones and the Use of Parking Meters and Pay and Display Machines, by anerrcing Section 6 and Section 17, be read. Question being taken, the motion was carried The by-lawentitled, "By-Law Number M-7, A By-Lawto An-end a By-La mWth Respect To Parking Zenes and the Use of Parking Meters and Pay and Display Marc nines, \Am read in its entirety. Cur motion of Couxillor Titus Seconded by Couxillor McGuire RESCLVEDthat, the by-law entitled By-Law Nuriber M-7, A By-Lawto Arrend a By-LauvWth Respect To Parting Zones and the Use of Parking Meters and Pay and Display Machines, by anendiing section 6 and 17, be read a third tirre, enacted, and the Caporate Comm Seal affixed thereto. Question being taken, the motion was carried Read athird tirre by title, the by-law entitled, "By-LawNurrber M-7, A B)~-LawtoArrend a By-LawWth Respect To Parking Zenes and the Use of Parking Meters and Pay and Display Machines." 17 COMM COLMUCONSBL COMA AL JUNE 15, 2009/1-E 15 JUN 2009 10. nude des antes rnunicipaux 10.2 Troisieme lecture de la mod ication de I'arr bt6 relatif aux zones de stationnenient et a I'utilisation de parcorriRres et de systemes de paiement a console daffidnage Proposition du connseiller Titus Appcyee par le ocnseiller Mire RESCLU que I'arrete intitule A T61:6 n° f-7, rradfiant I'arrete concen-ant Ies zones de statiornen e nt et ('utilisation de paroometres et de systdms de paierrent a console daffidnage, rradfiant les articles 6 et 17, fasse I'oW dune lecture. A Tissue du vote, la proposition est adcptee. L'arrete intitule «Arete n° f-7, n-odifiant I'arrete eoncernant les zones de statiornennent et I'utilisation de pare res et de systerres de paiemant a console daffichage» est lu integralerml. Proposition du conseiller Titus Appcyee par le conseiller Mire RESCLU que I'arrete intitule A T61:6 n° f-7, modfiant I'arrete eoncernant les zones de statiornen e nt et ('utilisation de paroometres et de systdms de paierrent a console daffidnage, rradfiant les articles 6 et 17, fasse I'ot o dune trasierre lecture, que ledit arrete sat edicte et que le sceau oon nAnal y sat appose. A Tissue du vote, la proposition est adcptee. Troisienm lecture par titre de I'arrete intitule «Arrete n° f-7, modifiant I'arrete Conoerrnant les zones de statiornennant et ('utilisation de paroometres et de systemes de paierrent a console daffichage 11. Stbnissions by Council Members 11.0 Forestry Sector Crisis (Mayor Court) Cn motion of Ca.ncillor Titus Seconded by Ca.ncillor McGuire RESCL\EDthat Comm Council send a letter to the Federal Government endorsing the Federation of Canadian Mmicipalities' requests that: -The Government of Canada put in place an incentive program equivalent to the United States bio-fuel incentive prograrn Mich voAd allowCanadian con Dariies to con bete on a level playing field \t& their American counterparts. -The Government of Canada, in caV iance \t& the North American Free Trade Agreement (N*7A), help the pulp and paper industry and affected omm pities go through the current crisis. Question being taken, the unction ves carried 11. Interventions des mmiores du Conseil 11.0 Crise dans le secteu-forestier (moire Court) Proposition du conseiller Titus Appcyee par le conseiller McGuire RESCLU que le Conseil cam anal fasse parvenir une lettre au ga A ernmal federal par laquelle it approuve les daTaxles suivantes famlees par la Federation canadienne des nmapalites : -Le gicuvern n ant du Canada rrette en place un progam-e denaxxagerr ent similalre a Celui des biocarburants aux EtatsrUnis. Ce programre perm trait einsi aux sodetes canadiernes de livrer oeneurrence a leurs honbogues arraicaines su- un pied degalite. -Le gicuvernernent du Canada, corforrr~err~rnt a ('Accord de libre ec range pond arr&cain (ALENA), founisse son aide a I'indastrie des pates et papers et aux cdlectivites toudnees afin de les eider a su nu ter la crise aduelle. A Tissue du vote, la proposition est adcptee. 18 94-510 COMMON ©oLMUCONSBL COMMLAVAL JI INE 15, 2009/LE 15 JUN 2009 11.2 Assignment of Lead Responsibility in Water Treatment Project (Deputy N yor Chase) - Tabled on June 1, 2009 Cn rfution of Councillor Titus Seconded byCouncillor McGuire RESCLVED that item 11.2 Assignment of Lead Responsibility in V\eter Treatment Project, tabled Jurre 1s', 2009, be lifted from the table. Question being taken, the motion was carried Cn rrrotion of Deputy Mayor Chase Seconded by Councillor Mott RESCLVED that: 1) Council assign a key staff from the Qty- possibly a Dep-Ay City Manager-to take the lead on all water treatment related issues. This would include regular liaison \t& relevant Federal and Provindal offices in regards to application process and status. This individual would provide a bi-v~e y vuitten report to Council on the Project's status; 2) Council request NP Rodney V\bstan to assign a key staff meni)er from the relevant departrrent of the Federal Government and his am office wth Wnom City Staff can vaik 3) Council request the Governrrent of I\Lm Eck assign a key staff contact \t& Wnom City Staff can vork. Councillor Mire stated he vould not sr pport the rrrotion as he had fdll confidence in staff and believes that the necessary c orrr nication has been there. Councillor Nllen stated he would not support the motion as it could create an unnecessary layer of bureaucracy. Question being taken, the motion %as denied \t& Mayor Court and Councillors C curt, Hggins, Krllen, McGuire and Titus voting nay. 11.2 Attribution de la principale responsabilite dans le cadre du projet de traitement des eaux (moire suppleant Chase) - pant report& de la reunion du 1e'join 2009 Proposition du oonseiller Titus Appuyee par le eonseiller McGAre RESCLU que le pant 11.2 Attribution de la principals respansabilite clans le cadre du prqet de traitement des eaux, lequa est reports de la reunion du 1'jun 2009, sat sourris auxfins de cisoussion. A Tissue du vote, la proposition est adoptee. Proposition du moire suppleant Chase Appuyee par le conseiller Mott RESCLU que : 1) Le conseil r mre I'un des rimnicres du personnel de la Vile occupant un poste de, par ex"e, un cirecteu- general adjoin, pour qLf it prenne en charge toutes les questions relatives au traitemant des eaLDc. Ce poste irrpliquerait entre autres de c ornT.rnicli" avec les autorites federales et prWndales ccnpetentes au sujet du processus de cl n uncle- et du statut de oette derriere. La pa sanne en question devra fourrir un rapport Bait biheb Claire portant su- le statut du prget au Conseil; 2) Le consal damn de au depute Rooney V\bston de ram-e' I'un des mmnibres de travaillart au sein du ninistere approprie du gaerrerrent federal et de son propre bureau, lequa sera en contact avec la Ville. 3) Le consal damrde au gowernerra t du N year -Brummck de nOn7rle" une pesonne-ressource avec lacpelle la Ville posse travailler. Le conseiller McGuire indique qu'il riappuiera pas la proposition etant donne qLf it accords son entiere confiance au personnel et qu'il estime que toutes les c oral nications neeessaires sent dqa en place. Le conseiller Krllen indique qu'il riappuiera pas la proposition puisqu'il considere qu'elle loo Trait veer un poker burea itique inutile. 19 94-511 COMM COLMUCONSOL COMA AL JUNE 15, 2009/LE 15 JUN 2009 A Tissue du vote, la proposition est rejetee. Le moire Court et les conseillers Cart, Higgins, Nllen, McGuire et Titus votent oontre la proposition. al Co mittee of the Vide: PesigiationRetirenient of TemmmTotten Cn motion of Councillor McGuire Seconded by C uin l for Farren RESCUED that the rec am Lion of the Cmmttee of the VV-de of Comm Candl, dated June 15", 2009 respecting the subn itted retirement - resignation agreanant betA~ The City of Saint John and Mr. Terrence Totten, be adopted: (UV. Totten \t tftreNfromthe rreetirig.) (U. VVbods took Mr. Totten's place at the Caxrcil table) al Corrine piaiier : Denission et depart a la retraite de TmviriceTotten Proposition du oonseiller MG ire Appcyee par le conseiller Fan-en RESCLU que la recoanuiclation famlee par le canto plerier a ('intention du oonseil ocmTurEd en date du 15jun 2009 relativement a 1'entente presentee entre The City of Saint John et M. Terrence Totten dans le cadre de la derrission et du depart a la retraire de ce denier sat adoptee. (M Totten quitte la Anion) (M VVbods pi-end la place de oelu-a a la table du conseil.) a Delegatio ns/Preserrtations al Saint John 225 coimittee Refemng to a subrritted presentation, Pete- Buddand, Chair of the Saint John 225 cmnnittee, updated Cancil \t& respect to the Saint John 225 program Cn motion of Cancillor Farren Seconded by Cauncllor McGuire RESCUED that the request to receive the balance of funding in the amxnt of $150,000, \tAu t it being contingent on the Federal Cultural Capitals of Canada funding, be referred to the City Nbnager. and further, the fonnnation of a camittee to support Saint John 225 be refened to the Nomnating ConT ittee. Question being taken, the motion was carried a Delegations et presentations al Comte de Saint john 225 Faisant reference a une presentation anterieure, Peter Buckland, president du canto de Saint John 225 infonre le conseil du prograrme de Saint John 225. Proposition du oonseiller Fa mn Appuyee par le oonseiller McGuire RESCLU que la derrande visant a recur 1'excedent de fina memmri au mortant de 150 000 sans quf it y ait bescin de faire une dana nde de fina memmrl federal aux Capitales c ltcrelles du Canada, sat transn ise au cirecteur general, et que la dweride relative a la n ise en place dun oon ite de scutien a Saint John 225 sat transn ise au canto des candidatures. A Tissue du vote, la proposition est adoptee. a2 (a&b) Harry Ktc hen and Enid Slack Options for Financing Services and Irfrastn.rcture in The city of Saint John Referring to a subn itted report, Harry Ntdnen and Enid Slack presented on the topic of options for financing services and infrastructure in The City of Saint John and they responded to a variety of queries from Council. 20 94-512 COMMON ©oLMUCONSBL COMMLAVAL JI INE 15, 2OOaU 15 JUN 2009 Cn mctio n of Councllor Titus Seconded by Councllor McGuire RESCLVED that the report and presentation entitled Options for Financing Services and Infrastructure in The City of Saint John from Enid Slack and Hang Ntdnen, be received for inform Lion. Question being taken, the motion was carried a2 (a et b) Harry Ktc hen et Enid Slack : Options cle financement des services et cle I'irfrastnacture clans The City of Saint John Faasart reference a un rapport depose antbne,raTe t, Harry Ntdnen et End Slack font une presentation portant su- les options de financen ent des services et de I'infrastructuie daps The City of Saint John et ils repaident a diverses questions posees par le Conseil. Proposition du oonseiller Titus Appuyee par le eonseiller McClare RESCLU que le rapport et la presentation effectu bs par Enid Slack et Harry Ntdnen au sLo des options de financenmrit des services et de I'irfrastructure daps The City of Saint John scent acceptes a titre infiormatif. A Tissue du vote, la proposition est adoptee. a2(c) Commissioner of Finance: Long-Tmn Financial Impact on Capital Program Referring to a su bmfted repot, the Commissioner of Finanoe updated Council vvith respect to the lor>g-term financial impact on the City of Saint John capital program and he responded to a variety of Can dl queries. Cn motion of Camcillor McGuire Seconded by Couxallor Snook RESCLVED that Council establish a oom rnttee to w* vvith the City Manager and the Commissioner of Finance to examine revenue generating options for The City of Saint John, and further, those interested in serving on the conrrittee shall forward their names to the Nominating Corrmttee immediately. Question being taken, the motion was carried Cn motion of Councillor Farren Seconded by Councillor McGuire RESCLVED that Ca,nci I meet vvith Mr. Beckett for a priority session as soon as possible. Question being taken the motion was camed a2c) Conrrissaire aux finances : PAmrcussions frnancieres a long terme sur le pr+og-arrn dirrmobilisations Faasart reference a un rapport depose ant6ne,raTe t, le oonmssaare aux frrences irfom,e le eonseil quant a x repercussions frnanderes a long tem'e sur le prograrrrre dimrTubilisation de The City of Saint Jdnn et it repond a civerses questions posees par le Conseil. Proposition du eanseiller McGuire Appuyee par le conseiller Shook RESCLU que le Conseil mette en place un Comte levant travailler avec le drecteur general et avec le oamnissaare a x finances, et oe, en vue dexaminer les options gerreratrioes de recettes pox The City of Saint John, et que, tou tes les persannes qui souhaitent sieger a oe oomite doivent transrmettre le,r nom au Corrite des candidatures. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Faren Appuyee par le eonseiller McClare RESCLU que le Conseil se reurisse avec M. Beckette a I'axasion dune reunion prioritaire des que possible. A Tissue du vote, la proposition est adoptee. 21 94-513 COMM COLMUCONSOL COMA AL JUNE 15, 2009/LE 15 JUN 2009 123 City Manager: Municipal Ran Amendrrent & Rezahing Application- Sandy Pant Fbad Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\ED that as recomrnencled by the City MMW. 1) Corrnon Council agrees to subdivide, and sell a 4ha parcel of RD 55059026 to Cavanaugh Harms Ltd. upon the conditions outlined in the subrritted proposal and oorrditicnal upon a successful m.xidped plan amardr ent and rezoning, and further, 2) Cavana xj h Homes Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the sL4ect parcel, hmwver CornT on Candl is not explicitly or irrplicitly obligated to approve any amandrrent to the Mxricipa Ran or any rezoning, and further, 3) The Mayor and CwTno r Clerk be authorized to execute any documents required to facilitate this process. Cn motion of Cajidllor Sullivan Seconded by Councillor Higgins RESCLVED THAT item 12.3 Uniciped Ran Arrendrrent and Rezoning Application - Sandy Pant Road, be tabled Ail a response is received from the Sandy Point Road %ghboutrod Group Question being taken, the rrrction was carried with Deputy Mayor Chase and Councillors McGuire, Snook and Titus voting nay. 123 Directeu- general : Modification du plan mxricipal et demande de rezahage Asant le dhemn Sandy Point Proposition du conseiller Titus Appcyee par le conseiller McGuire RESCLU que, oonTre le recorrneinde le directeu- general, les propositions suivantes scent adoptees : 1) Le Conseil con m-d acoepte de prooedler au lotisserrent et a la vente dune pantie du terrain portant le NI D 55059026, dure superficie denvircn 4 hectares, a Cavanaugh Hones Ltd selon les corrditicns enaxbes dans la proposition presentee et sous reserve de I'acceptaticn de la mCdificaticn du plan m nicipel et du rezonage. 2) Cavanax j h Hones Ltd. sat autonsee a presenter uhe clanande de mocification du plan nmaped et de rezonage relativernent a lacite parcelle, rrais que le Conseil conTaxd n'ait pas ('obligation in-plicite ou explicite dapprouver ta,te mocification du plan nmaped ou de rezonage. 3) Le maire et la geffiere Commi-iale silent autoises a signer ta,te la docxxrentation nrecessaire paarfaciliter ce processus. Proposition du Conseiller Sullivan Appuyee par le conseiller Higgins RESCLU QUE le pant 123 Darende de modification du plan m.xidped et du rezonage visant le chenin Sandy Pdn t sat reporte jusgcla oe que le grape de voisinage du cherrin Sandy point donne sa repcnse. A ('issue du vote, la proposition est adoptee. Le n-dre sr ppleaht Chase ainsi que les ocnseillers McGuire, Snook et Titus voter t centre la proposition. 125 City Manager: Demolition of Dilapidated Building at 50 Durham Street Cn motion of Councillor Court Seconded by Councillor McGuire RESCLVED that as recomrnencled by the City Menarger, Corrnon Council direct cre or more of the Officers appointed and designated by Ca,ncil for the enforoenent of the Saint Jchn Unsightly Premses and Dangerous Buildings By-law, arrange forthe demolition of the building at 50 Durham Street, in accordance v& the applicable City pu-dhasirg policies. Question being taken, the rrrction ves carried 94-514 COMMON ©OLMUCONSBL CANNLAVAL JUNE 15, 2009/LE 15 JUN 2009 125 Directeu- general : Demolition du batimart delabre situe au 50, rue Durham Proposition du conseiller Court Appuyee par le eonseiller McGuire RESCLU que, cornTe le recomhnande le directeu- general, le consal oc rrrurral naxlate, par les presertes, un ou plusieurs agents norrrres et clesighes par le eonseil relativement a I'application cle I'Arrete oenoerrrant les batirrents et structures irresthetiques ou dangereux clans The City of Saint John, en vue cle denolir le b tinent situe au 50, rue Durham corfonT6nmnt aux politiques en ni tiere dapprovisianrre Tau applicables de The City of Saint John. A Tissue clu vote, la proposition est adoptee. 126 Common Clerk: Proposed Revised Business Inproverrent Area -VVkst Cn ruction of Councillor Fan-en Seconded by Councillor McGuire RESCLVEDthat Corml direct the common Clerk to advertise the revised V\bst Side l Ldness Inprovernant Area as subnitted and schedule a public hearing for July 6th, 2009. Question being taken, the motion was carried (Public Hearing date was changed to July 20th, 2009 due to advertising requirements) 126 Creffiere c ornmur ale : Prc jet revise de zone damelioration des afFaires dans le quartier CX est Proposition du conseiller Fa ren Appuyee par le eonseiller McGuire RESGLU que le censeil charge la g-effiere ocmT uncle cle proceder a la publication du projet revise cle zone damelioration des affaires clans le quartier Quest tell gUil est presente et de fixer la date dauclience publique au 6jullet 2009. A Tissue clu vote, la proposition est adoptee. (La date craudienee pr blique a ete repaussee au 20jullet 2009 en raison des eAgernces cle publication.) 13. Comhittee Reports 13.1 Planning Advisory ConT ittee: 2377 Loch Lomond Road Secord Subdivision Cn rnction of Deputy M yor Chase Seconded by Councillor McGuire RESCLVED that as recormwded by the Panning Advisory Gbnrnittee: 1) That Co TTm Council rescind its resolution of June 10, 2008 concerning the Seocrd Subdivision at 2,51 1 Loch Lommnd Road; 2) That Cohimon C Lml assent to one or more abcliimsion plans, in one or more phases, in general accordance- wth the revised Seeord Sl.bcivision, Phases 1 [sic] and Future Phases tentative plan, inducing the proposed public streets and any necessary public utility easements; 3) That Cohimon C Lml assent to the proposed Land for Public Purposes dedications, as illustrated on the revised Secord %bdvision tentative plan, having an approAn-ate area of 2.67 hectares (6.60 acres); 4) That Co TTm Council authorizethe release of a portion of an e-isting Land for Public Purposes dedication at the end of Gibbon Avenue, having an approAn-de area of 5185 square metres (55,813 square feet), and being the eastern portion of RD nxarrber 55054266, as illustrated on the s Acn itted tentative plan; 5) That Cohimon C Lml authorize the acceptance of a 6 metre (20 foot) wde craanage ease h ent, as illustrated on the re ised Secerd S AA\ ision tentative plan, on the folloWng condition: 23 94-515 COMM COLMUCONSOL COMML JUNE 15, 2009/LE 15 JUN 2009 (a) The drainage easernant mast be dearly show on the final subdivision plan indicating the purpose thereof, as MI as the necessary instruments registered against the a4ect land giving the City of Saint John the right to n-anntain and in-prove the anticipated drainage course; and (b) The deelopn ent of a drainage course wthin this easement mast be in accordance vvith a detailed drainage plan approved by the Chief City Engineer or his designate, 6) That CaTrno n Ca ml authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required vx* and facilities, including detailed site and drainage plans for the approval of the Chief Qty Engineer or his designate, and the vea-k associated for the drainage coarse n-entiahed in clause (5); 7) That CaTrnon Caml nenarre an undeveloped public street nght-0f-veay adjacent to Karen Street from "Don Avenue" to "Second Street.,, Question being taken, the nmtion ves carried 13. Rapports deposes par les corrites 13.1 Comte c orBL tatif durbanisms : Lotisserrrerrt Secord situe au 2377, chenin Loch Lomond Proposition du noire suppleant Chase Appryee par le censeiller Mire RESCLU que, Conrare le reo onTrande le oonite censultatif durbanisne : 1) Que le ocnseil oonm -d annule la resolution adoptee le 10jun 2008 relativaTBI au Iotissen ant Secord situe au 1-511, chenin Loch Lomond. 2) Que le ocnseil oonmrd appro rve le as les plans de lotisse -e nt en une as plusieus phases corforrnenent, de naniere generale, au plan de lotissemml prokisore revise presehte a/ec les phases 1 [sic] et les futures phases pax le lotissaTBI Second, y corrpris les nowdles mies publiques proposees am que les se \Atudes pax services m.,ridpaux et dutilite publique. 3). Que le eanseil oomrn real appraave I'affectation du terrain dutilite publique proposee, dune superficie approxim ative de 2,67 hectares (6,60 acres), corm-? le montre le plan prnvisare revise pour le lotissemrent Secord 4). Que le Conseil oomrn real autaise le dessaisissen-al dune pantie dun terrain dutilite publique e-istant (qui constitue la pantie est cu NID n° 55054266), situe au boat de I'avenue Gibbon, dune superficie approxin ative de 5185 m7tres canes (55 813 pieds canes), comrm le rnontre le plan prWsore presente. 5) Que le ocnseil oonmrd autorise I'aceeptation dune servitude de drainage dune largeur de 6 n-kres (20 pieds) Conrare le mmntre le plan promsare r6vise pour le Iotissen ant Secord, sans reserve des conditions suivantes : a) la sevitude de drainage dot titre dairerTBnt indiiquee sur le plan de Iotissenmrnt final, I'usage dot titre predse et Ies acres neeessaires dovent titre enregistres en vertu ciadit terrain accordant ainsi a The City of Saint John les crots de naintieh et damdioration du ocurs du drainage prevu; (b) I'arr6nagernfft du axis de drainage a I'inntenieur des Iinites de Iacite servitude dot titre eonforn e au plan de drainage clkaille appraave par I'ingenieur mmicipal en chef ou par son nenplapant. 6) Que le ocnseil Con a red autorise la redaction et la signature de contrats de Iotissen ant entre la Ville et le promoteur afin de penTettre I'executioh des travaux requis et la nise eh place des installations n6cessaires, y conpris I'deboration de plans de situation et de drainage deteilles wools a I'approbation de I'ingenieur mmicipal eh chef ou de son m"apant ainsi que les travaux assodes au cours de drainage rnentiannes a I'alinea (5). 7). Que le Conseil oonTm d rend m Te le croit de passage dune nae publique non arnkegee adjacent a la nae Karen qu s'appelait << avenue Don pour le renr-place- par « nae Sec:ord A Tissue du vote, la proposition est adoptee. 24 94-516 COMMON ©oLMUCONSBL CANNLAVAL JUNE 15, 2009/LE 15 JUN 2009 13 .2 Planning Advisory ConTrittee: 20 Dutch Garden Lane Subdivision and Variance Cn mmtion of Councillor Fan-en Seconded by Councillor Nllen RESCLVED that as recormmnded by the Planning A Msoy Commttee, that Comm Council assent to any necessary public utility or n-Lnicipal services easerrents for proposed Lot 09-02. Question being taken, the motion was carried 13.2 Comte c orrA#atif durbarrisme : Demande de lotissement et de derogation visant le 20, allee Dutch Garden Proposition du conseiller Farren Appuyee par le conseiller Nllen RESCLU que, ocnTre le recorrrrande le Comite ocnsultatif durbanisme, le censeil cor rn nal appro \e les services n-Lnidpaux et les servitudes dutilite pr clique eAges pour le lot propose 09-02. A Pissue du vote, la proposition est adoptee. 13.3 Saint John Industrial Parks -Assent for M1.nicipal Services Easements and Public Utility Easements Cn mmtion of Councillor Fan-en Seconded by Councillor Titus RESCLVED that as recd rrmyled by Saint John Industrial Parks, that Co m-cn Council assent to the vesting of a 5 metre vUde public utility easerral and a 7 rretre vUde m xicipal services easement alerig the frontage of Lot 09-1 as illustrated on the submitted MaNlister Industrial Park S AA\ ision Plan and further assent to vesting of a 6 metre \Aide mxldpal services easement and 6 rretre vUde public utility easement as illustrated on the sr brritted Business New Bumr ck Tentative Subdivision Plan. Question being taken, the motion was carried 13.3 Parks industriels de Saint John : Approbation de la servitude auxfrns de services nwicipauxet de la servitude dutilite publique Proposition du eonseiller Farren Appuyee par le conseiller Titus RESCLU que, oomYe le reconTrande le service des pares industriels de Saint Jehn, le censeil corrrn nal consente a la dbvdution de la servitude dune largerx approxarretive de 5 m7tres aux fins dutilite publique et a la servitude dune largerx approxarretive de 7 m7tres aux fins de services m napaux en bordure du lot 09-1 ocn7m le maitre le plan prWscire de lotisserrEnt pare industrial MaNlister. II est en outre resdu que le censeil oorrrrr nal eonsente a la devolution de la servitude dune largerx approxirrative de 6 n-kres aux fins de services m napaux et a la servitude dune largeur approAni Live de 6 m §tres aux fins dutilite pr clique omm-e le metre le plan prWsdre de lotissennent Entreprises NcuveaxkBursWck A Pissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.2 Tender for Market Square Boardwalk-Phase 1 Cn mmtion of Councillor Titus Seconded by Councillor McGuire RESCLVED that as recammnded by the City Mmarger, the tender sr m itted by ICR General Contractors, in the arrourt of $448,000 tax irrdudeO for the supply of all labour, rraterials and equipment necessary to corrplete Phase 1 of the Market Square Boardwalk refubshmaft be accepted, and further, that if required, the Mayor and Co m-crr Clerk be ar thorized to sign the contract doc u rents. Question being taken, the motion was carved v& Councillors Coat and Hggins voting nay. . 25 94-517 COMM COLMUCONSOL COMML JUNE 15, 2009/LE 15 JUN 2009 14. nude des sujets ecartes des questions soumises a I'approbation du conseil 14.2 Sourrission relative Ala promenade MarkaA Square-Phase 1 Proposition du conseiller Titus Appuyee par le ocnseiller McGuire RESCLU que, c cmTe le recorrneinde le directeur general, la suumission presentee par 1'entreprise ICR General Contractors, au montant de 448 000 taxes induses, relativemant a I'eWovisionnenm nt de la totalite de la mein-croeuvre, du materiel et de I'equipen-ernt necessaires afin de mgrs- a bien la remise en etat de la pronwiadea Market Square-phase 1, sat acoelotee, et que, si n6cessaire, le meaire et la greffiere com Tunale scent autorises a signer Ies documents oontractuels. A Tissue du vote, la proposition est acoeptee. Les conseillers Court et Hggns votent ocntre la proposition. 15.3 Request for Furdng -National Senior Little League Championship Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVmthat $3,500 be Warded from the unspecified grants fund to the National Senior Little League Championship. Question being taken, the mmtion was canied 15.3 Demande de financement presentee par la Canadian Senior Little League Championship (petite Iigue senior canacienne) Proposition du conseiller Titus Appuyee par le ocnseiller McGuire RESCLU que l'on preme 3 500 $ du fonds de subventions non precise pour I'attribuer a la Canadian Senior Little League Championship (petite Iigue senior canadieme). A Tissue du vote, la proposition est adoptee. 14.1 Princess St. Reconstruction Cn motion of Councillor Nllen Seconded by Caxncillor Titus RESCLVm that item 14.1 Princess Street Reconstruction be tabled until July 6th, 2009. 14.1 Refection de la rue Princess Proposition du conseiller Nllen Appuyee par le conseiller Titus RESCLU que le pant 14.1 Refection de la nae Princess sat repotejusqu'au 6juillet 2009 16. Adjoumnent The Mayor declared the meeting adjourned at 10:00 p.m The fdloWng items forwarded to n eeting of June 22nd, 2009: 11. Budget submission to Finance Comrrittee (Councillor Sullivan). 11.3 Mrimr m Property Standards Statistics May 08 - May 09 (Councillor McGLare) 11.4V\bst Saint John Recreatiail-dsure Examination (C un illor McGuire) 11.5 V\bst Saint John Retail Development Forum Participant Feedback SLnTr ary (Councillor McGuire) 12.1 Cornlon Clerk Rogers -rV V\kJbcasti ng and Televising Coverage for Co ndI Meetings 2s 94-518 COMMON ©oLMUCONSBL CANNLAVAL JUNE 15, 2009/LE 15 JUN 2009 12.2 City Manager. Recent Arrenc ents to the Conmrity Banning Act 12.4 City MbrrW. C. dity Asphalt Pavements -A Corrrritrrent to IrrprWng Saint John Streets. 14.3 Street nanre dnange for Porter and Stewart Streets (ReconTrenclation in Report) 14.4 Frank Rodgers Letter Rensicn ATangerrent (Rec crrrrendation: Receive for Infan-dicn) 15.1 John Henderson LauvOffioa Request to Present -A Bun Building Certificate Application 15.2 Lily Lake Pavilion Request for Caynittee of the V\rde Open Meeting 16. Levee de la seance Le mare declare que la seanoe est levee a 22 h Les prints suivarits scent repcrtes a la seance du 22juin 2009. 11.1 Derande budgetaiire presentee au o n ite des finances (conseiller Shcivan). 11.3 Statistiques sur les nom es n inin ales regssant les residences de rrai 2008 a n-d 2009 (conseiller McGuire) 11.4 Evaluation des Idsirs dans Saint John Chest (conseiller MbCuare) 11.5 Resurre des corrnentaires des participants au farm tenu par Enterprise Saint John camernarnt I'antr agerrEnt ocn rercial a Saint Jchn C est (aonseiller McGuire) 12.1 GreFFier commj-al : Diffusicn V\Isb et couverture tel6visee des seances du oxnseil - reseau de td6visicn Rogers 12.2 Directeur general : Mbdifrcations reoantes a la Ld surl'urbanisrre 12.4 Directeur general : Asphalte de qualite -erngagenrent darreliorer les rues de Saint Jchn 14.3 C hangerrent de nom des rues Porter et Ste,nart (motion figurant au rapport) 14.4 Lettre de Frank Rodgers relative aux dispositions du regime de retraite (recorrnrandation : accepter a titre info rmtif 15.1 Cabinet John Henderson au nary dA Bun-der rur de de perms de o ristruire et derra-de visant a se presenter dlevant le Conseil 15.2 Derande presentee par Lily Lake Pavilion Inc. visant a se presenter devant le Conseil Tors dune seance pr clique du o n ite plenier N/byor/rreire Common aerWgreffiere Corr mule 27 Eric L. Teed, O. C., CA,, Q- C. 127 Prince William Street, Saint John, New Brunswick, EM 2B4 Tel: (506) 634-7324 Pax: (506) 634-7423 June 22nd , 2009 Common Council City of Saint John 15Market Square Saint John, NB EM 1E8 Your Worship and Councillors, I have just returned from a trip to visit my brother now 92 years of age and my sister in law now 91 years of age driving to Quebec and Ontario The Province of Ontario and Quebec have arranged for Public Washrooms every 50 to 60 Kilometers along the highway which meets the needs of the traveling public. Unfortunately, New Brunswick which had some such facilities has closed those which existed along the Trans Canada Highway and other principal routes. As travelers come into the Province and are met with this. Lack of facilities which are needed for the traveling public. A visit to see the province becomes a disappointment and helps to keep travelers visiting more accommodating locations. As Saint John is expending funds to encourage travelers to come to this area. It is suggested the City take appropriate action to persuade the Province or whatever authorities are responsible to reinstate the washrooms on all major highways as such are an interpretable part of today's travelers possible needs. Yours truly, ed 28 Crescent Valley. Community Tenants Association 55/57 MacLaren Blvd,, Saint John., N.B. E2 3E Tel: (506) 658-9658 Mayor Ivan Court : Common Council City Hall 15 Market Square P. 0. Box 1971 Saint .John, B K 41-1 Dear Honorable Mayor Ivan Count Common Coa:rncil Crescent Valley Community Tenants Association cordially invites you to attend our 18'h Annual Community Fun Lays to be held from July 23rd - 251h. Our main Fun Day is Saturday the 25th with the official cake cutting ceremony at 2:00 pm. Saturday Evening beginning at 10pm will be our Annual. Fireworks Display. On Thursday July 23rd we will be having our 3'a Annual Cutest Baby Contest, and the 3rd Annual Best Legs Contest. On Friday July 24th, we will be having our Crescent Valley Talent To Coo Contest.on Saturday July 25th from 12 noon until 4:00 pm under tents, we have several games for the kids, darts, bean bag, boat pond, ring toss, Bean Bad; Toss, Birthday wane, Putting Game, money wheel and our Literacy partners setup story teat. There is outdoor bingo, and a big barbecue. We ;dive away prizes to both children and adults that have been donated from community businesses. We also have a :l .J. to play music for us throughout the day. We also invite the Saint John. Police Force, Saint John Fire Dept. and the Ambulance, who teach the children about crime prevention, fire prevention safety, first aid and it also allows the children time to check out the -fire truck, ambulance and police vehicles, We would be very honoured if you could attend. You can contact the Crescent Valley Community Tenants Association office 658-9658 if you need any more information. Janet McLaughlin president 642-7028 rosebud 19570 hotm,ail.com Richard Northorp Secretary 6-57-7384 putermantc,nb.SV, MDatico.ca. 29 RR+CA River Road Community Alliance Inc. http://rrcaonline.ca 2008-10 Chair June 12, 2009 Mike Bonga vice chair His Worship/Mayor Ivan Court, Councillors, Jim Stubbs & City Manager, City of Saint John P.O. Box 1971 Secretary Saint John, NB 1121, 4LI Roberta Lee Dear Mayor, Councillors & City Manager: Treasurer Marlene Abbott On behalf of the executive of the RRCA and the residents of the area, we would like to express our gratitude for your efforts and support in approving special projects the expenditures necessary for rebuilding the Westfield Road. Tom Simpson Bill Gill We recognize that the Mayor and Council, City Staff, and our neighborhood association have worked very hard over the past two years to achieve this milestone. Individual efforts of Mr. Groody, Mr. O'Reilly, Mr. Totten and the countless other city staff members have contributed greatly to the successful planning and approval of this project. We also wish to compliment Mr. David. Kozak and the Terrain Group for the quality of their design work and their presentations to our group, which have been exceptional. The design of the new roadway and pedestrian accessibility is the first step in achieving the vision we all share. When completed, the new roadway will enable a new kind of active lifestyle in our community. Smooth sidewalks and integrated bike lanes will enable our community members (especially our children) to enjoy a new mobility within our rural setting. Based on the design plans, it is clear the Westfield Road will be built to a standard that will encourage an active lifestyle and ensure road safety. In the long term this will improve the health, safety and quality of life in our community. The River Road Community Alliance will continue to work towards a vision that will see the communities in our area develop in a way that reflects the best qualities of a river front community. We sincerely hope you will continue to work with us. Many thanks again for your support. Mike Bonga Chair, RRCA MB/ma 30 30 Colpitts Avenue Saint John, N 2 57 Common Clerk J e 25, 2009 City Solicitor Members of Common Council City Management Staff Board oTrade Saint Jo Enterprise To Whom It May Conce : Re: Year o Relentless attacks the Irving r and their friends on our Mayor e s anyone gin tom e sense of anything ore? We allow the paper to decide or suggest what we should think. To support what they want they have poll to state this is what the people want. Day after y, week after week, month after on W the negative attacks continue i cartoons, pictures, and many headlines which c only hurt o city any chance we may have of getting respect. We will never agree with all decisions made and where the tax dollars should be spent. We all have different opinion. Also some decisions where made years o and now we have to live i it. When are "YOU L» (names included at top and some you may include) going to stand u for o city and stand u for the mayor elected. a putt' Mayor i not run for Mayor, he ran as a c°or at large and with a percentage comparison he did not get more votes. We all ow the putt' Mayor h been enjoying his press. Someone on Council is going to the press and they tell their version of things; we are disgusted by is trash. It is "version to keep us away from o important issue& So many good things are going on and will continue to happen but all we g is the negative stuff. Funny how the paper prints -the people against the LNG were nay sayers and they can't seethe positive. Well this is what we can y about the crap i this paper; everything they support is positive but i you don't agree with e ; you are negative. We have no y to vent or p° t the good news. Moncton Fredericton make their share o mistakes but they don't have to read eve little negative detail. The people of Saint Jo deserve better and when will we all stick p of each other and move on? Some Councillors have not e attending meetings for their assigned projects but collect the benefits. Some in to play the public and believe we don't o we being played. New or old councillors, it does not matter we all have responsibility to o the right thing. Most of you choose wait it out, ignore or o nothing. It is not e being attacked; it is just politics. It is a lot more thim that. Whether you do nothing or tam your this time; it all carves with price. We all suffer. We should not stand by and y nothing. Please stop is crazy attack on a good person who does all at is ' his power; one vote. The Mayor one does not increase taxes. All councilors have their o en and are l le at some point. Speaking i the press is not the direction for true growth and support. You all have chose today to make jo' t effort to be whole council, united. Sincerely, Q= ` Patricia Dashwood 31 JOHN M. HENDERSON LAW OFFICE BARRISTER, SOLICITOR, NOTARY 40 Charlotte Street, Suite 410 Saint Jahn, New Brunswick, Canada E2L 2H6 Telephone (506) 652-5502 Residence (,506) 696-5502 Fax (506") 634-1795 JOHN At HENDERSON, B.A., LL.B. July 2, 20109 DELIVERED VIA FAX: 674-4214 DELIVERED VIA HAND CLERK. OF THE COMMON COUNCIL City of Saint John 15 Market Square P.U. Box 1971 Saint John, NB E2L 4L1 Attention. Elizabeth Gormley Dear Madam RE: Albert Brun - Building Certificate Application -109 Crawley Road Please submit this correspondence to council for the session on the 6" of April. I will wish to address Council on the subject matter. This is letter is submitted in response to various issues raised in the staff report signed by Ken Forest dated the 19", of June, 2009, a copy of which was received by the applicant through his solicitor on the 22" of June, 2009. In the summary portion of the said report, staff have held that it would "it would be inappropriate not to require substantial street improvements prior to authorizing further development," The report also noted a late arrival of engineering and electrical reports which they say resulted in making it impossible for staff to review. In the lapsed period of time the applicant has received no further written opinion form the staff arising from the reports submitted. The applicant for this building permit wishes remind council that the intent is not a subdivision, rather it is to build a single family dwelling unit at the end of the applicant's driveway which is known as the right of way from the end of the Crawley Road to the applicant's 9 acre parcel of land located on the southern bank of the Kennebecasis River. The applicant's house will be built with the intention to run "off ,grid". This means that the applicant's home will be run by solar, wind and other sources of power which are not dependant upon civic hydro or other similar suppliers and distributors of electrical power. The applicant will waive present or 32 2 similar suppliers and distributors of electrical power. The applicant will waive present or future requirements for the City of Saint John or its utilities to provide electrical power to his lot. The applicant acknowledges that he will be responsible for plowing his own driveway including that part of his driveway which travels along the undeveloped portion of the Crawley Road. This use was contemplated in the original deed which gave the applicant's predecessor in title a right of way to travel over the Sandy Point Road (as the Crawley Road was then labeled). This intended use has been part of the applicant's title since 1913 when the property was initially described. A copy of the applicant's route title showing this, has been previously provided staff and the city solicitor. The applicant's desire to have a building at the end of a long right of way is similar to the practice which the City allowed to other property owners who wish to build or improve their homes on properties located on rights of way. For instance, the City has granted building permits or allowed construction or substantial renovation to all the homes built on the Beach Read which is in the immediate proximity to the applicant's land. Similarly, a recent building permit was, or is believed to been, issued for PID 551.53324 which is off the Sandy Point Road and constructed at the end of a long driveway which crosses lands owned by a third party. The delivery of City services on the applicant's property would be substantially the same as for services to the property identified by PID 55153324 or for services to homes on the Beach Road. Many of these homes and lots have been substantially developed over the past two decades. The applicant in this matter is merely asking for the same considerations as was granted to the owner of PID 55153324 and the Beach Road home owners. A copy of the Planet Map showing 55153324 and a copy of the Planet Map showing the applicant's lot (PID 53181) and several of the Beach Road lots are attached to this letter. The applicant acknowledges that improvements will have to be made to the undeveloped portion of the Crawley Road. It is now known that the applicant's predecessor in title made an application to the Planning Advisory Committee (PAC) of this City to create a five lot subdivision on the lands now owed by the applicant. In the conclusion of the staff report to PAC dated the 18'h of June, 199 on page 10, the staff recommended "The suggested conditions regarding the road improvements would result in the extension being constructed to a similar standard as the existing portion of the Crawly Road. Such conditions are consistent with previous subdivision applications approved by the City." It is noted that in these 1999 recommendations by the staff put the applicant at that time to a far lower standard than is being set for the applicant herein. This applicant wishes only to build a single family dwelling unit on his lot and he has agreed to restrict the development of his lot to the extent that no more two houses will be built on his nine acre parcel. This is not the five lot subdivision proposal for which staff was recommending to proceed with a lower level of access. At this time the applicant merely wants to build his home on his land. He as access to the land via his right of way. He has the available space. He asks only to be treated as others 33 have been treated. He asks for a fair and favorable response from council on his application for a building permit.. Thank you for your attention. Fours very truly, JOHN M. HENDERSON LAW OFFICE John nEnclosures 34 i JL,1-1t1141_j I XXXLC LX,XC':L IJIUWJGL Map rage r of i Date: 2009/07/0, I`~T 11,1, 1 Property found PZD PAN [Owner Location 55153324 5321809 Gallant, Darrell Edgar 1580 Sandy Point Road 55153324 5321809 Gallant, Rosemarie 1580 Sandy Point Road _ This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. I boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. https,//www. planet. snb.ca/PLANETbrows er/html/secure/map/print-html-map. do ?minX=25... 7/2/2009 35 PLANET Internet Browser Map Page 1 of 1 Date: 2009/07/0: 120.0 I Property found PID PAN Owner Location 00053181 1679640 Brun, Joseph Albert Beach Road 00053181 1679640 Brun, Nancy Eleanor Beach Road 00053181 1679640 MacFarlane, Wayne Donald Beach Road 00053181 1679640 MacFarlane, Carrie Michelle _..._,_w._w . Beach Road This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. I boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. https://www.planet. snb.ca/PLANETbrowser/html/secure/map/print-html-map-do?minX=25... 7/2/2009 36 PLANET Internet Browser Map John Campbell 277 Gault Rd. Saint John, NB B2M 5H1 June 23, 2009 Mayor and Council City of Saint John P.O. Box 1971 Saint John, NB Re: Market Square Lower West Saint John Mayor Court and Councillors Having lived in this area for many years over the course of my life, I have like many residences have taken for granite the considerable impact a particular group has had on the community. The group I speak has given unselfishly of their time and financial assistance to the community. Over the past several decades they have assisted with the growth and development of the lower Westside. Came to the aid of families in financial or medical need. They have done this without regard to ones background or association. Countless time they have made themselves available for our children and grandchildren whether it is fundraising for a particular cause, assisting with their recreational needs or just a helping hand for a family in need. I like many have assumed they were part of the fabric of this community and never really took the time to fully digest what their impact is on the community. We have like many before us have not taken the time to properly acknowledge and thank them for their outstanding support for a community that is so intertwined with the history of their organization. Yet again witnessing this community in need they came to assist with a major clean up of the area designated for our children's recreation and safety. Because of the countless examples of their commitment to the community I ask that Market Square located on Market Place be renamed in honour of the Longshoreman, who have raised families, lost loved one, helped built a proud community and was there to assist when needed. This would give the community a chance to honour a group and remember those who have been lost thru the coarse of doing their job. I know I do not need to explain the importance of recognizing the many unsung heroes within our community. I just point out this particular group can be honoured in a very meaningful way. I thank you for your time and leave this in your hands. Respectfully submitted, John Campbell', CD 506-639-5567 37 130 Debly Avenue Saint John, NB E2F I J I July 2, 2009 Re Expropriation of the Estate of A.J. Debly Mayor and Council For almost one year I have been writing to Saint John City Council concerning the issues resulting from the City's expropriation of our property in 2006. Unfortunately, the City Council seems unwilling to discuss this matter and has simply referred this matter to the City Solicitor. Months later, the matter is still unresolved. In good faith, the Estate of A. J. Debly has tried to dialogue with City Hall concerning the impact of the new roads on our home and our property. Several letters have been sent requesting the City address this matter but the attempts at dialogue would seem futile. In the past month the Estate requested that our two East Ward Councillors, Joe Mott and Bruce Court, indicate where this matter stood with Council. The former Councillor did not reply to the note but the latter sought information from the City Solicitor which was appreciated. Yet nothing is resolved. Since the legal department at City Hall seems unable to communicate the City's intention in resolving this matter, perhaps the Council will address these issues. I have advised the City of my concerns and now anticipate having to make an Injurious Affection claim because the City will not respond to these issues. At this stage I will ask Council to request their original appraiser, D. Babineau, to review his 2006 report which concludes the new roads will have "no negative impact on the market value of the existing dwelling" (bottom of page 26). Until the road was built it was not possible to measure the impact and therefore the appraiser's report should be reconsidered after a site visit. It is the Estate's opinion that there are indeed several negative impacts from the new roads. For example, the lack of access to the rear portion of the property has been previously explained to Council through several letters. This is not the Estate's only concern, but is one of the more obvious issues to be addressed. 38 The Estate was expropriated in 2006 and three years later I do not enjoy having to continually write to City Council requesting a response to my concerns. Council and or City Staff seem t, m unwilling to enter a discussion which will then force m &,&o through the lengthy legal process of having these matters properly addressed. As I've written before, I am an elderly citizen who does not enjoy having to spend my senior years tied up in legal battles. Perhaps the "full compliment" of seven lawyers in the City of Saint John Legal Department believes litigation is advisable. The Estate, however, finds it regrettable that even a "full compliment" does not have the courtesy to respond in a timely fashion. It reflects poorly on the professionalism at City Hall and is a sorry indication of how citizens of Saint John are treated. Sincerely, ;~4, Marion Debly 39 "t -0 COU 1, '71 L M & C 2009 - 188 June 24, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2009-18: Chip Seal - 2009 BACKGROUND The 2009 General Fund Operating Budget included a provision for the chip sealing of a number of roads in the City. This is an annual program to maintain the City's inventory of chip seal roads. The work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 8,400 M' of single coat and 6,058 M' of double chip seal surface on various roads. Also included is the preparation of 6,058 M' of roadbed for chip sealing by pulverizing and regrading the existing surface treatments. There are a total of 4 roads in this contract. TENDER RESULTS Tenders closed on June 24, 2009 with the following results: 1) Northern Constriction Ltd., Grand Falls, NB 2) Industrial Cold Milling Ltd., Moncton, NB $ 144, 748.48 $ 152,255.64 The Engineer's estimate for the work was $ 107,327.40 40 M & C 2009-188 June 24, 2009 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff are of the opinion that the low tenderer has the necessary expertise and resources to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This contract includes work that is charged against the 2009 General Fund Operating Budget. Assuming award of the contract to the tenderer, staff completed an analysis that concluded that a total of $100,000.00 was provided in the General Fund Operating Budget and that the projected completion cost is estimated to be $132,488.16, including the City's eligible H.S.T. rebate - a negative difference of $32,488.16 in the General Fund Operating Budget. This difference can be managed within the overall General Fund Operating Budget. POLICY - TENDER OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2009-18: Chip Seal - 2009, be awarded to the low tenderer, Northern Construction Ltd., at the tendered price of $144,748.48, as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 41 CONTRACT NO: 2009-" Chip Seal 2009 Limits Intersection To Area Included street From No End E Old Black River Road End Cottage Road No E RothesaY Avenue Dead End Gerry Drive E Old Black River Road No End of Chip Seal Goldsworthy Road No E Morrison Road Norris Road r 4 streets NOTE. There are a total of in this contract Comments Intersection ►ncluded /A Single Coat to Civic # 200, pulverization and Double Coat to En N/A N/A Single Coat NIA Single Coat NIA Pulverization and Double coat Printed on 71212009 at 1 45 PM 42 M&C-2009-192 June 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 693-697 Manawagonish Road and 105 Mountain View Drive 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 hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Lawrence E. Mason 693-697 Mana- "R-2" "R-4" To permit a 4- v °agonish Road unit tor-,°nhouse The Church Army 105 Mountain "IL-2" "R-2" To permit 4 lots in Canada, Inc. VieN-,- Drive for one-family or two-family dwellings RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Lawrence E. Mason (693-697 Manawagonish Road) and The Church Army in Canada, 43 Report to Common Council Page 2. Inc. (105 Mountain View Drive) for Tuesday, August 4, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager KF/r 44 M&C-2009 July 6, 2009 His Worship Mayor Ivan Court And Members of Common Council: I SUBJECT: Proposed Extension of Operating License for Millidgeville Community Centre BACKGROUND: The Millidgeville Community Centre (MCC) is owned by the Province of New Brunswick, School District 48. It has been directly operated by the City of Saint John as a Community Centre from September 1993 when it first opened until 2001. The City has offered a variety of programs for all ages. Over the years as City budgets declined, it was necessary to review how services were offered in a number of areas. As a result, MCC was licensed to the Canada Games Aquatic Centre to manage. From 2001 to 2004 the Canada Games Aquatic Centre operated MCC on behalf of the City of Saint John. In May 2004, the Aquatic Centre Staff advised the City that they will be discontinuing their services at the Millidgeville Community Centre as of September 2004 in order to provide better services in their own facility in the Uptown. The City did not have the resources to once again assume the management responsibilities of the Centre and with that in mind, staff entered into discussions with the YM/YWCA and School District 48. As a result, an agreement was reached to have the YM/YWCA operate the facility from September 2004 to December 2007. Late in 2007 the YM/YWCA once again entered into negotiations with staff and School District 48 to operate MCC for January 1 2008 to December 31 2009. At this time, School District 48 did not want the contract to extend past June 30 2009 due to an anticipated increase in student enrollment at the h-5 M.G. Teed School. The assumption was that the Province of New Brunswick would approach the City of Saint John to discuss the purchase of the Community Centre for classroom space. On March 31, the Honorable Kelly Lamrock Minister of Education announced that M.G. Teed School would become a k-2 school and Millidgeville North School would accommodate all grade 3-8 students from the Millidgeville area. This eliminated the need for School District 8 to look towards the Millidgeville Community Centre for additional classroom space at this time. The centre can continue to operate as a community centre. i The city of S; 11 john 45 ANALYSIS: City staff is confident the facility can continue to be operated by a third party and that the expectations of the community will continue to be met. The YM/YWCA brings with it over 150 years of experience in community program delivery. Therefore, it is proposed that the City agree to allow the YM/YWCA to continue to assume responsibility for the service delivery at MCC until December 31 2009. The City will continue to be involved with permanent staff serving as a liaison with the YM/YWCA to ensure the City's and the community's interests are being met. This arrangement will continue to remove the need for permanent staff at MCC, thus freeing up resources to provide recreation services in other areas of the City. The School District 48 has provided a letter, (attached) which supports the assignment of the City's responsibilities to the YM/YWCA until December 31 2009. FINANCIAL: As per the current contract, the YM/YWCA do require a grant of $18,375 to cover the cost of custodial staff supplied by School District 8 as well as heat and lights. This money is currently in the Leisure Services Operating budget. RECOMMENDATION: It is recommended that: 1. Common Council accept the proposed extension from the YM/YWCA to operate the Millidgeville Community Centre pursuant to the terms and conditions of the Service Agreement dated December I Iti' 2008, attached hereto, with the exception that the term and fees be amended accordingly as outlined in this report and attachments, and 2. The City Solicitor be directed to prepare all necessary documents, and 3. The Mayor and Common Cleric are authorized to sign the agreement. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods Acting City Manager 46 THE POWER OF EDUCATION June 15, 2009 Mr. Ray Walsh Administrative Officer Leisure Services City of Saint Jahn 15 Market Square, Box 1971 Saint John, NB E21- 4L1 Dear Mr. Walsh: School District 8 District Education Council 490 Woodward Avenue - Saint John, NB, EZK 5N3 Tel 506.656.5300 • Fax 506.658.5399 • www.di5trict8,nbed.nb.co I understand that the CEO of the YM-YWCA is requesting an extension of their service agreement to operate the Millidgeville Community Centre at M. Gerald'. Teed School, This letter will support the request for an extension of the service agreement from June 30, 2009 until December 31, 2009. Sincerely, Susan Tipper Superintendent cc: Chris Toole, Director of Finance and Administration Mark Crowley, Principal, M. Gerald Teed School 47 Saint JohnYMCA.YWCA We build strong kids, strong families, strong communities. MaitingAddressc July 2, 2009 130 Broadview Avenue Saint.4ohn. NB E21, 5C,5 P: (506) 634-4937 Ray Walsh, F: (506) 634-0783 Administrative Officer lldlniw(1 Shin 1. iohl V. Coll) wN w..sairitlohir, coo T Leisure Services City of Saint John Prince Edward Square 100 Prince 1"dward Street Re: Millidgeville Community Centre Membership Services P: (506) 634-7720 Children's Services: 11: (506) 646-2106 Our service agreement to operate the Millidgeville Community Centre with the City F: (506) 634-4180 of Saint John and the Province of New Brunswick expires on June 30th, 2009. The Saint John YM-YWCA would like to make a formal request for extension until west Side Childcare Centre December 31. 2009, l': (506) 646-2111 F: (506) 634-4854 We wish to continue to serve the Millidgeville community and will submit a proposal to Council and the Province to renew our contract to operate the Quispamsis Rec. Centre P: (506) 849-5784 Millidgeville Community Center beyond December 31, 2009. Our vision for this F: (506) 849-5759 community is far reaching and we hope to enter into a longer terns contract that will see us well past 2010. Millidgeville Comm. Centre P: (506) 632-6157 The Saint John YMCA-YWCA looks forward to continuing its positive partnership F: (5(16) 634-4185 with the City of Saint John and School District 8. Hook forward to hearing from you with regards to this matter, l can be reached at (506)616-2109. Forest Glen Comm. Centre P: (506) 658-2816 F: (506) 634-4183 Camp Glenburn 311 Route 850 Sincerely,. Kingston. N13 E2N 1 W6 P: (506) 832-5632 F: (5061832-0907 Llenh ]'I111 <tiainl'i01111% 0 I I I Glenn Carpenter Centre 730-740 Foster Thurston Drive Saint John. NB E2K 5J2 11: (506) 634-4937 F: (506) 634-0783 Sh,llo Boucher, CA N~%tic.elennean elltercc3rure.ce~r11 Acting CEO and President Charitable Business Number: c.c, Janet Towers, Manager of Children Services 119253086RR41(101 Dale Knox, Chair A United Way ,Agency 48 M & C - 2009-194 July 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Transfer of Land to East Point Inc. BACKGROUND: When the subdivision plan for the East Point Shopping Centre was prepared, approved and filed, a portion of the property was conveyed to the City of Saint John for the purposes of becoming Retail Drive. Subsequent to the conveyance and through the process of constriction modifications being made to the final design (which were approved by the Chief City Engineer) it became apparent that the improved design required additional lands still owned by East Point Inc. and that certain lands conveyed to the City for Retail Drive were no longer required. Common Council at its meeting held on December 17, 2007, approved the transfer of those lands no longer required for the purposes of Retail Drive to East Point Inc. and East Point Inc. agreed to convey additional lands upon which Retail Drive had been constricted. Further examination has revealed that there is one remaining parcel that was not dealt with by Common Council in its resolution of December 17, 2007, a sketch of which is attached hereto (the "Remnant"). East Point Inc. has requested that the City of Saint John convey the Remnant to East Point Inc. upon the following conditions (which are similar to agreed terms for another portion of Retail Drive as provided for in the Easement Agreement between East Point Inc. and the City, dated October 30, 2006, a copy of which is attached hereto: East Point Inc. shall grant to the City of Saint John, its officers, servants, agents, contractors and workers a non-exclusive, perpetual easement, right of way and right to use the Remnant solely for access, ingress, egress, and regress by foot and vehicle for the purpose of maintaining and repairing the Remnant. 49 Report to Common Council June 18, 2009 Page 2 2. The City of Saint John shall maintain and repair the Remnant at its sole expense and liability, it being expressly understood that East Point Inc. shall have no liability or responsibility, direct or indirect, for the maintenance and/or repair of the Remnant, except as provided for herein. 3. (a) The City of Saint John shall indemnify and hold East Point Inc. harmless (except for loss or damage resulting from the negligent and wilful acts of East Point Inc.) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and/or damage to property arising from or out of any breach of this Agreement by The City of Saint John, including but not limited to The City of Saint John's obligations to maintain the Remnant pursuant to paragraph 2 herein. (b) The East Point Inc. shall indemnify and hold The City of Saint John harmless (except for loss or damage resulting from the negligent and willful acts of the The City of Saint John) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and/or damage to property arising from or out of any breach of this Agreement by the East Point Inc. 4. East Point Inc. agrees that it shall not constrict any building or stricture on the Remnant without the prior written consent of The City of Saint John, which consent shall be provided to East Point Inc. upon East Point Inc. delivering to The City of Saint John engineering plans satisfactory to the Chief City Engineer for The City of Saint John, (such satisfaction to be dealt with in a timely fashion and not to be unreasonably withheld) that will provide sufficient access by The City of Saint John to allow The City of Saint John to maintain the Remnant. Notwithstanding the foregoing, if The City of Saint John does not provide its prior written consent then East Point Inc. may proceed to constrict a building or stricture on the Remnant if East Point Inc. releases The City of Saint John from its obligations to maintain and repair the Remnant in accordance with paragraph 2 above. RECOMMENDATION: That The City of Saint conveys the Remnant as shown in the attached sketch to East Point Inc. on or before August 31, 2009 upon the following conditions: 1. East Point Inc. shall grant to the City of Saint John, its officers, servants, agents, contractors and workers a non-exclusive, perpetual easement, right of way and right to use the Remnant solely for access, ingress, egress, and regress by foot and vehicle for the purpose of maintaining and repairing the Remnant. 50 Report to Common Council June 18, 2009 Page 2. The City of Saint John shall maintain and repair the Remnant at its sole expense and liability, it being expressly understood that East Point Inc. shall have no liability or responsibility, direct or indirect, for the maintenance and/or repair of the Remnant, except as provided for herein. (a) The City of Saint John shall indemnify and hold East Point Inc. harmless (except for loss or damage resulting from the negligent and wilful acts of East Point Inc.) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and/or damage to property arising from or out of any breach of this Agreement by The City of Saint John, including but not limited to The City of Saint John's obligations to maintain the Remnant pursuant to paragraph 2 herein. (b) The East Point Inc. shall indemnify and hold The City of Saint John harmless (except for loss or damage resulting from the negligent and willful acts of the The City of Saint John) from and against any damages, liabilities, actions, claims and expenses in connection with the loss of life, personal injury and/or damage to property arising from or out of any breach of this Agreement by the East Point Inc. 4. East Point Inc. agrees that it shall not construct any building or structure on the Remnant without the prior written consent of The City of Saint John, which consent shall be provided to East Point Inc. upon East Point Inc. delivering to The City of Saint John engineering plans satisfactory to the Chief City Engineer for The City of Saint John, (such satisfaction to be dealt with in a timely fashion and not to be unreasonably withheld) that will provide sufficient access by The City of Saint John to allow The City of Saint John to maintain the Remnant. Notwithstanding the foregoing, if The City of Saint John does not provide its prior written consent then East Point Inc. may proceed to constrict a building or stricture on the Remnant if East Point Inc. releases The City of Saint John from its obligations to maintain and repair the Remnant in accordance with paragraph 2 above. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Deputy City Manager 51 t N ~g ~oZ WAY- COVE M1 i wsrr 07 a~~ -2tAr- i CITY LANDS TO 13E TRANSFERED TO EAST PQ1NT 114C• teIrralitl amuY~. M & C 2(_)(_)9-19 His Worship Mavor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT- Purchase and Sale Agreement 252 Golden Grove Road (PID 9311829) BACKGROUND Municipal Operations are planning to undertake renovations to the dam at MySterv Lake, including a larger dam and intake structure. In order to conduct the renovations, an improved access to the structure along Nvith Nvorking space is required. Acquisition of tN-,°o properties is required, one property, being 252 Golden Grove Road and a portion of an adjoining property are necessary. The property at 252 Golden Grove Road is vacant and contains an area of approximately 1,538 square metres (0.37 acres). This property would provide an integral portion of the access to the Mysten- Lake Dam area. The Provincial assessment for this property is $13,600.00, while staff Nvas able to negotiate a purchase price of $10,000.00 for the land. Once acquired, a portion of the above noted property NN°ill be offered in a land sN-,°ap to an adjoining property for the other parcel of land required for this project. Another report Nyill be brought foiivard for Council's consideration on this matter. The recommendation contained in this report Nvill facilitate the above noted land transaction. RECOMMENDATION 1. That The City of Saint John purchase 252 Golden Grove Road, also identified as PID Number 3 11829 from the Estate of Elmer Sadleir c/o Stephen A. Sadleir in accordance Nvith the terms and conditions contained in the Agreement of Purchase and Sale attached to this report (M&C # 2(_)(_)9-191). 2. That the Mav_ or and Common Clerk be authorized to execute the necessan- documents. Respectf illy submitted, hen Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner, Acting City Manager Planning and Development Attachments 53 Mystery Labe Description of Plan: City Acquisition of property for renovations to Mystery Lake Dam. N PID: 311829 Address: 252 Golden Grove Road Pan: N/A Date: June 30,F2009 54 V. a° iO ~a . Go 4r' AGREEMENT OF PURCHASE AND SALE BY AND BETWEEN: OF THE SECOND PART In consideration of the sum of $5.00 paid by each party to the other, the provisions set forth in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby respectively acknowledged), the parties hereto covenant and agree as herein set forth: That the Vendor hereby offer to sell to the Purchaser and the Purchaser hereby agrees to purchase land situate 252 Golden Grove Road, Saint John, New Brunswick, PID #311829 (hereinafter called the "Land"), for the sum of Ten Thousand ($10,000.00) Dollars in the following manner and upon the following terms and conditions: 1. The Purchaser will pay to the Vendor the sum of One Thousand Dollars ($1,000.00) prior to the close of business not later than the thirtieth (3&) day following acceptance by the Purchaser and the sum of Nine Thousand Dollars ($9,000.00), subject to normal adjustments, on closing. 2. The Vendors' offer herein is irrevocable until 6:30 p.m. Friday, July10, 2009. 3. The Vendor shall deliver to the Purchaser a registerable Transfer on closing on the date of closing (the "Closing Date") which shall be on or before August 31, 2009 and shall take place at the offices of the Vendors' solicitor or at such other place as may be mutually agreed. ESTATE OF ELMER SADLEIR CIO STEPHEN A. SADLEIR, hereinafter called the "VENDOR" - and - OF THE FIRST PART THE CITY OF SAINT JOHN, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "PURCHASER" 55 Agreement of Purchase and Sale - 252 Golden Grove Road - PID #311829 Page 2 4. The Vendor shall have good and marketable title to the Land free and clear of all encumbrances. The Purchaser shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in possession of the Vendor. The Purchaser shall have up to 30 days from the date of the City's acceptance of this agreement to examine the title to the Land at its own expense. If within that time any valid objection to title is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Vendor shall not be liable for any of the Purchaser's costs or damages. Absent any valid objection so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Land. The Vendor shall deliver vacant possession of the Land to the Purchaser on or before the Closing Date. 6. Property Taxes, water and sewer levy and all other adjustments shall be adjusted, apportioned and allowed as of the Closing Date. 7. Harmonized Sales Tax ("HST") payable in respect of this transaction shall be self assessed and remitted in accordance with the Excise Tax Act (Canada) (the "Act"). General 8. Any tender of documents or money hereunder may be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 9. Other than as provided for herein, all costs and expenses incurred in connection with this Agreement and the transaction contemplated hereby shall be paid by the party incurring such expenses. 10. Time shall be of the essence hereof, 11. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter in this section called a "notice") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other form of recorded communication tested prior to transmission to such party: 56 Agreement of Purchase and Sale - 252 Golden Grove Road - PID #311829 Page 3 a. In the case of a notice to the Vendor at: Ph°/ipt0- R.`hIL r&( N149 rC6LA t1Z tn-trI Y Y CC ;o., S 4 i S,,~ tr, 7~a I Tv An Alf iC- z L S-8 -7 P, jc S -Q s. - 6 S-1- ps- io b. In the case of a notice to the Purchaser at: Lynda D. Farrell 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Facsimile Number: 506-649-7939 or at such other address as the parry to whom such notice is to be given shall have last notified the parry giving the same in the manner provided in this section. Any notice delivered to the parry to whom it is addressed as hereinbefore provided shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the third business day following the date of its mailing. Any notice transmitted by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 12. Neither this Agreement nor any rights or obligations hereunder shall be assignable by any parry hereto without the prior written consent of the other party hereto. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and successors and permitted assigns. 13. The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transaction contemplated hereby, and each party shall provide such further documents or instruments required by any other parry as may be reasonable necessary or desirable to effect the purpose of this Agreement and carry out its provisions, whether before or after the Closing Date. 14.'If any covenant or provisions of this Agreement is prohibited in whole or in part, such covenant or provision shall be ineffective to the extent of such prohibition 57 Agreement of Purchase and Sale - 252 Golden Grove Road - PID #311829 Page 4 without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from this Agreement to the extent of such prohibition. 15. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. 16. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto. 17. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the province of New Brunswick and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. 58 Agreement of Purchase and Sale - 252 Golden Grove Road - PID #311829 Page 5 IN WITNESS WHEREOF the Vendor has executed this Agreement this I i h day of June, 2009. SIGNED, SEALED & DELIVERED) ) ) ) Witness } ) ESTATE OF ELMER SADLEIR CIO Stephen A. Sadleir IN WITNESS WHEREOF the Purchaser has executed this Agreement this day of July, 2009. SIGNED, SEALED & DELIVERED) } THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: July . 2009. 59 M & C -2009-191 July 3, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition - Watershed Portion of PID 00351551 - 3'a Lake Rd, Baxters Corner BACKGROUND: As Council is aware, the City acquires lands located within the watershed boundaries for the purpose of controlling development or other activity which may adversely affect the City's supply of drinking water. Recently the City was approached by the estate of a land owner within the watershed who is selling its property. The 836 sq metre (9,000 sq ft property is a vacant waterfront lot on 2" d Lake. City staff discussed the opportunity and determined items/issues worth noting: 1) The property lies entirely within the 150 metre watershed line, and, 2) The property is too small to be developed on its own as an unserviced residential lot, but could be used recreationally or in conjunction with the neighbouring property that is improved with a single family home, and, 3) The City owns PIDs00429159, 00429142, 00351112, 00351957 adjacent to PID 00428534; and, 4) The area is not currently serviced with municipal water and sewer systems. Saint John Water staff has reviewed the proposed acquisition and are in frill support of acquiring the parcel at its market value, and have money budgeted for these purposes in their capital program. The acquisition of this parcel would prevent fiirther disturbance of watershed lands which is in keeping with Saint 60 Report to Common Council Julv 3, 2009 Page 2 John Water's goal of protecting water sources from adverse influences of human beings and nature. The fair market value of the 4,616 square metre parcel is $12,000.00 RECOMMENDATION: That The City of Saint John accept the offer of the Estate of Marjorie H. Lobb c/o Robert Hatfield as set out in the Agreement of Purchase and Sale (Agreement) attached to M&C 2009 - 191 & purchase from the Estate, the unencumbered freehold title of PID 00351551 described in the Agreement for the sum of $12,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. 2. That the Manager and the Common Clerk be authorized to execute all documents required to finalize this transaction. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager Attachment P\i W 61 1 ?b ,,cters Corner AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from theVendor and the Vendor agrees to sell to the Purchaser the freehold interest In a portion ofthe Vendors Lands'P(D # 00351551, as hereinafter set out upon the following terms and conditions: Vendor: ESTATE OF MARJORIE H. LOBB C/o ROBERT HATFIELD Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NS E21.41-3 Attention. Common Clerk Premises: Freehold interest in PID#00351551 Comprising 836 sq. m. in total As illustrated on the plan hereto attached and marked Schedule °A" (hereinafter referred to as the "Real Property") (Photo-reduced copy of said plan attached hereto) Purchase Price: $12,000.00 + HST if applicable Deposit: $2,000.00 payable within 20 days of adoption of Common Council Resolution Balance: l o, ovo ~ r•tsr t ~'cGpPi ~ cc~b I-e- ~ L(t~S , ►ti ~ . Closing Date: Within 60 days following Purchaser's acceptance of this offer, 1. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Real Property. 2. The Purchaser may examine the title to the Real Property at its own expense within twenty (20) days following the Purchasers acceptance of this offer. It within that time any valid objection to the tl'tle 1 to the Real Property is made In writing by the Purchaser to theVendor which the Vendor shall be unatile or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any Intermediate acts;'or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any v#lld objection so made within such time, the Purchaser shall be conclusively deemed to have accepted irhe title of the Vendor to the Real Property. 3. The Vendor shall at its expense terminate any/all leases With respect to the Real Pmpertysuch 1 63 R Agraesnertt of Purchase and Sale Emte of Me ftie H. Lobb c/o Robert Hatfleld and The Lily of Saint John that the Purchaser will have vacant possession of the Real Property on Closing, 4, If the Purchaser defaults in the dosing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse against the Purchaser. 5. This offer shall be irrevocable by the Vendor until 4.00 p.m. local time on 24 July, 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 6. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall In all respects be of the essence hereof. p~, IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of I~ATJir~ J> A, 2009. U h NIL WITNESS 6j~OF MARJORIE H. 1.089 c/o ROBERT HATFIELD AND the Purchaser has caused these presents to be executed this day of July, 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 64 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the sl2e, configuration and location of properties. It is not a survey and Is not Intended to be used for legal descriptions or to calculate exact dimensions or area. M&me si eette carte nest pout-titre pas libre de louts erreur ou omission, tmAes tee precautions ont W prises pour en assurer to meilloure qualtitl possible. Catte carte est une reonA wtatiori graphique approximattve des terrains (ilmites, dimerratons, configuration et empiaoenient). Elie n'a aucun caractke otticiel et no doit done pas'servir a is redaction de Is description offtclelle dun terrain ni au calcul de ses dimensions exactas ou de sa superficie. 65 Map Ocala 1 Lchalla cartographiquo 1 : 1430 M & C -2009-190 July 3, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition - Watershed Portion of PID 00428524 - 4361 Loch Lomond Rd BACKGROUND: As Council is aware, the City acquires lands located within the watershed boundaries for the purpose of controlling development or other activity which may adversely affect the City's supply of drinking water. Recently the City was approached by a land owner within the watershed who was considering sub-dividing and selling a portion of his property as a residential building lot. The 9,232 sq metre (2.27 acres property which is located in the area of Robertson Lake, is developed with a single family residence, double car garage, and paved driveway. City staff discussed the opportunity and determined items/issues worth noting: I ) PID 00428524 lies partly within and partly just beyond the 150 metre watershed line, and, 2) The 4,616 square metre potential new lot is just beyond this line thus the province would permit it to be developed as an unserviced residential lot, and, 3) The City owns PID 55019863 which is adjacent to PID 00428524, and, 4) The area is not currently serviced with municipal water and sewer systems. Saint John Water staff has reviewed the proposed acquisition and are in fill support of acquiring the parcel at its market value, and have money budgeted for these purposes in their capital program. The acquisition of this parcel would 66 Report to Common Council Julv 2009 Page 2 preclude construction of a new home within the watershed area and avoid disturbance of watershed lands which is in keeping with Saint John Water's goal of protecting water sources from adverse influences of human beings and nature. Also, the resultant lot that the current home-owner would retain would not be able to be further subdivided due to its size. The fair market value of the 4,616 square metre parcel is $30,000.00 RECOMMENDATION: That The City of Saint John accept the offer of Marvin and Mary Brown as set out in the Agreement of Purchase and Sale (A(-Ireement) attached to M&C 2009 - 190 & purchase from them the unencumbered freehold title of the portion of PID 00428524 described in the Agreement for the sum of $27,500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. 2. That the Manager and the Common Clerk be authorized to execute all documents required to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager Attachment PNVNV 67 - ubdivision C~, Lonnor'd Road LO of plan: Browns ` J rd e55; q4361 e5cript1On 4 , ]nne 3~~~~~ p ~pjVD'; p042g52 t 015 _$8433. pan: 68 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion of the Vendor's Lands PID # 00428524, as hereinafter set out upon the following terms and conditions: Vendor: MARVEN ERVINE BROWN and MARY GERALDINE BROWN 4361 Loch Lomond Road Saint John, NB E2N 1C8 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21. 41-1 Attention: Common Clerk Premises: Freehold interest in a portion of PID # 00428524 Comprising 4,616 sq. m. in total Designated as Parcel 09-1 on a Tentative plan of survey titled BROWNS SUBDIVISION prepared by Terrain Group (hereinafter referred to as the "Real Property") (Photo-reduced copy of said plan attached hereto) Purchase Price: $27,500.00+ HST if applicable Deposit: $3,000.00 payable within 20 days of adoption of Common Council Resolution Balance: $24,500.00 on Closing Closing Date: Within 60 days following the filing/registration of the subdivision plan contemplated in section 3. hereunder. 1. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Real Property. 2. The Purchaser may examine the title to the Real Property at its own expense within twenty (20) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 1 69 Agreement of Purchase and Sale Marven E. & Mary G. Brown and The City of Saint John 3. The Purchaser shall prepare at its cost any Subdivision Plan required -to effect the -conveyance herein contemplated; and 4. The Vendor shall at its expense terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on Closing, 5. if the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and- the Vendor shall have no further recourse against the Purchaser. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 24 July, 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties -hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these -presents to be executed this 0- ! clay of June, 2009. MA EN ERVINE BROWN MARY GERALDINE BROWN AND the Purchaser has caused these presents to be executed this day of . 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2 70 IM, WIT d z o : o 8 w- g ~ No 62 ~z z~ t Y k d pia G y 3 z, W va ,u=~, .,AC,T, c 4 3 SS Q ~'d i ss z g°zdw xZ w~ z 10- mg w o ~n 2 ° F 34i~ 6 O~!! ~y ~~OYJ 46);07 N007 51P /r Q11 4< gz 3a# a g m~a=tSko 1 it ~zzzd.~ ~pe ` n SAS ~ NZQbLL~~~$~'~~TM ~d~= ~ a yy =r aa y~~~.i d a2~ ~OF~~oF~e~UG N. 1 P L m m N N w qWq r Sa"'OV M H a" 4 Q a~a5 p --u ~ ~~og~F~~gRrc ~ ~°w 3 ,y 4 = ail $?"g~yahx = y W i y 71 w M City Manager's Office P.O. Box/C.P. 1971 Bureau du directeur general Saint John„ NB/N.-B, www,sairitjolirt. a Canada E2L 4L1 June 29, 2009 7 lie 0 t. y of Saint John. His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Subject: Saint John 225 Funding Background: The Saint John 225 program was designed by the Saint John Community Arts Board and adopted by Common Council in September 2005. It consists of six core programs and four supporting programs. The City has applied for a $750,000 grant from the Cultural Capitals of Canada program, and committed a $225,000 contribution contingent on receiving the federal funding. The organizing committee has been advised that a response to the funding application will not likely be received until the month of October. Council has already released $75,000 of the $225,000 to support the program development by the organizing committee. The committee has advised Council that planning must begin immediately for the 225 program, commitments must be made and funding support must also be obtained from private sector sponsors. Waiting for an October response from the Cultural Capitals program will preclude this necessary preparatory work from taking place. They have requested that the balance of the City funding ($150,000) be made available without being contingent on obtaining approval of the federal funding. In addition, they have requested formal City endorsement of the Organizing Committee and an opportunity to return to Council in October with an update. Analysis The Saint John 225 - Original City program will be the premier event throughout the City's anniversary and will generate tourism promotion opportunities, employment spin- offs, enhanced awareness, support and participation for the arts and provide a lasting community legacy with the History project. 72 The City's formal recognition of the committee and an unqualified f=unding commitment for the remaining $1.50,000 will allow the organizers to proceed with the development of the program. and secure other sponsorships on a timely basis. Recommendation: That Common Council approve the creation of ".`The Saint John 225 - The Original City/La ville originale Committee" to organize and implement the Saint John 225 program, And further that Common Council confirm a 2010 funding provision of $150,000 for the planning and implementation of the Saint John 225 - Original City/La ville originale prograin, And further, that the The Saint John 225 - The Original City/La ville originale Committee be scheduled to report back to Common Council during the month of October 2009. 73 1 j. The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: This is the United Way's 50th year of helping those in need; and WHEREAS:. there are 25-member agencies of the United Way who provide essential services to those in need in the community; and WHEREAS: over 250,000 needed units of service are provided to citizens in the counties of Saint John, Dings and Charlotte annually; and WHEREAS: over $33 million has been invested to support programs and services in our community; NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do hereby proclaim Thursday, September 3rd, 2009 as "United Way Day" for the United Way of Greater Saint John Inc. p )+~NI 5A1N C JOHN I encourage everyone in our community to support the United Way and the 25-member agencies which provide services necessary in our community. The annual campaign is truly a community effort with labor, business, community leaders, non- profit organizations and numerous volunteers working to improve the lives of those in our community. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.Q. Box 1471 Saint John, NB Canada E2L 41 wwwsaintjohn.ca I C.R 1971 Saint Joha Iv.. Ada t ,l 4L1 74 The City o Saint Jol Presentation to Saint John Common Council Mayor Ivan Court July 6, 2009 75 Cb. 0 • • • Sustainab e Energy Managerne starts in 1998 Pr~grarp Over gp builrlim,~.. city, commissions 22% t. 45 Wastewater and Water pumping Facilities Total Ener millio gY Cost $5.5 n (200,) Street; Lightsxrp,Ifc 76 ;ngs Hall W&spfants I9% • 17 % Reduction in energy consumption • 6000 Tons of GHG • $1.3 mi ion and 10 mi ion KWH annua energy savings • $ 5 mi ion in Grant & Loan (FCM, ETF, etc) • Over 50 energy audit reports • FCM-CH2M Hi Sustainab e Community Award 2008: Energy 77 • Canadian Association of Municipa Administration 2004: Environmenta Award • LEED Bui dings (Pee P aza & Saint John Transit Bui ding) • He p other municipa ities and institutions 78 A Green Therma Uti ity is: a District Heating and Coo ing system using renewab e resources (harbour water coo ing; process heat recovery from bui ding HVAC, Industria waste and sewage treatment) and Underground Therma Energy Storage (UTES) for new and existing downtown Saint John deve opments. 4d }~~Q11~ 79 _I • Reduce Greenhouse Gas Emissions • Reduce Fossi Fue Dependency • Reduce Energy Cost • Encourage Green Bui dings • Deve op Green Zone Areas • Reduce Wasted Energy • Encourage Sustainab e Energy 4 - } 1} - :,.k n 80 • Substantia ncrease in New Commercia Deve opment in Downtown Area (Pee P aza, etc) • Possibi ity of New Deve opment on the Long Warf, Coast Guard,, etc • City Commitment to sustainab e environment as noted in the sustainabi ity princip e report to the counci : "Strive to minimize Saint John's eco ogica footprint" 4d }~~Q11~ 81 • City Counci Priority #4: Create a greener community by championing strategies for reducing waste whi e encouraging the sustainab e deve opment and use of renewab e energy • Major Energy Retrofit to the fo owing Bui dings: CGAC, Market Square and Harbour Station Arena • Community Greenhouse Gas (GHG) Emissions Reduction 1} :,.k n 82 • Saint John is At antic Canada's Energy Hub (Green Energy Hub) • Improve Qua ity of Life • Potentia Carbon Credit • Increased Financia Support from Federa and Provincia Governments 83 High energy prices OL.. ILtr 40 P Year 1--l-miral Gas $IGJ 21 17 --~13 12 s A-7o--= 7.13 Yez,T :,x r n 84 Potentia Saint John GTU Energy Sources • Cooling: Saint John Harbour and upgraded energy efficient chillers at Market Square • Heating: Heat Recovery from existing waste thermal loads, raw sewage and potential industrial sources (i.e. Pulp &Paper, Oil Refinery) • Underground Thermal Energy Storage: Allows for large scale storage of heating and cooling energy to be used when renewable energy or waste heat sources are not available 1 85 Mu ti-phase Deve opment Phase 1 • Energy Integration of the Saint John Anchor tenants (116.,627 mz or 1.25 million ftz) Includes: • Market Square including the expansion and Hilton, • Canada Games Aquatic Centre, • Peel Plaza Law Courts, • Peel Plaza Police Facility, and • Harbour Station r Ir -/77 1} :,xs n 86 Cooling BTES _ Peel Plaza Justice I - I Seanater Coo-ling System iR~ Harbour Station II 1111 _ MaiMet Square 1- }4~, L r;'. °r u`k ortrt: wan 87 88 4k L f., Cb`k ~Csn: X17 . ~ lK . P^ k AL ^4 JI j 1V tom. H 7111 1 - r Jfi ~ X14` r yy l •15LI rlYSl l ~ • L AS~ r r r f ~ + ~X G , r C ~ ~ ~ . 1 ~M i• ~R M ~S 4 l f Jh I.~{ ~IIF Y y~~ 7 "r f ti f r Ilj I I ~ ~ ; 1 ~ 7~ 00 • Fina ize Detai ed Conceptua Design • Detai ed Business Ana ysis • Form of organization • Potentia funding sources to reduce capita costs 90 Lead Not Fo ow Perfection is our Goa Exce ence wi be To erated 1} ,.k n 91 ® 1, M&C-2009 The Or - of S :I[[ john July 6, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Update on the 2004 City of Saint John Recreational Facilities Commission BACKGROUND: In 2004, Council commissioned a group of volunteers under the direction of John Wallace to complete a report on the status of recreation facilities in Saint John and make recommendations. This report was completed and given to the newly formed Recreation Implementation Committee to move forward. The attached presentation is an update on the current status of the outcomes of those recommendations. RECOMMENDATION: It is recommended that this report and presentation be received and filed. Respectfully submitted, x~) Bernie Morrison Commissioner of Leisure Services Patrick Woods Acting City Manager 92 "The Wall, ac e Report„ wftft 93 • Ice Skating Facilities • Market Place Fields • Field Maintenance • Indoor Multi-Sports Dome • Millidgeville North School ' Racquet Sports • Barrack Green Armory • Shamrock Park • Skateboarding Facility • Forest Hills Field • Recreation Trails • Canada Games Stadium • Play Areas for South Central • Chown Field Peninsula • Hazen White / St. Francis ' Saint John YM-YWCA School Field • Volunteer Coaches Recommendations from the 2004 City of Saint John Recreational Facilities Commission 94 /ce E Fac, _ Recommendation: Do not fill current deficit of ice surfaces with a single ice pad. Outcome:. Recreation Implementation Committee's preference was a new facility. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 95 Recommendation: Do not fill current deficit of ice surfaces by adding a second ice pad to a current single ice pad facility such as Gorman, Belyea, Hurley, Rothesay or Quispamsis. Outcome: No room at Hurley or Belyea Arenas, environmental issues at Gorman. Recreation Implementation Committee's preference was for a new facility. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 96 Recommendation:, Development of new two ice-pad facility should be postponed until consideration is given to a multiplex recreational facility. Outcome: It was decided by the committee Recreation Implementation Committee not to pursue due to possible ice surfaces being built in Rothesay / Quispamsis. It was estimated by this committee that 70% of the potential users were from outside of the City and an ice surface in neighbouring communities would be more beneficial Recommendations from the 2004 City of Saint John Recreational Facilities Commission 97 Recommendation: Multiplex facility with two additional ice surfaces, a field house, and other amenities be built with the current Lord Beaverbrook Arena acting as a cornerstone component (KV communities should be invited to be partners in this venture). Outcome: It was determined by the Recreation Implementation Committee that space limitations prevent this project from moving forward. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 98 Recommendation:, Seventeen potential sites for outdoor (natural ice) skating rinks identified, to be pursued by City Recreation with volunteer neighbourhood groups. Outcomes: As a result of new water regulations and restrictions put in place to avoid water contamination, existing standpipes at current outdoor rink locations cannot be used. Any new sites would have to have new standpipes. No requests at this time. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 99 Recommendation:, Upgrade all current fields as per recommendations in report. Outcomes: Parks Division of Leisure Services continues to upgrade existing fields. Play surfaces have improved in the past 3 years through an aggressive maintenance program. Allison Grounds re-opened in 2009 with 2 completely renovated fields. New regulation size soccer field at Lowell St. was completed in 2008. A number of fields were enhanced by new fencing, backstops and cement pads under bleachers. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 100 aInten Ice Recommendation,: City and Province should develop formal written maintenance / refurbishment plans for each facility. Outcome: Under way, funding was provided in 2009 Capital to review all existing facilities and trends and to prepare a technical background report to be used in the updating of the Municipal Plan. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 101 aInten Ice unconditionally commit to provide necessary funding to adequately maintain fields. Outcome: Additional funding was provided in 2009 operational budget for City facilities. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 102 Recommendation:, City and Province should aInten Ice Recommendation:, City should engage qualified individual / firm to prepare a Recreational Facilities Maintenance Manual. Outcome: Manuals are being updated and developed for Arenas. Initiated in 2008 by RFANS. Staff are updating SOPs and manuals. All staff are certified to varying degrees in all aspects of horticulture, field maintenance, etc. Training is ongoing. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 103 Recommendation: City should adopt strict compliance with requirements of Recreational Facilities Maintenance Manual. Outcome: These are being developed / updated. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 104 aInten Ice Recommendation:, Create an "Adopt a Field" program. Outcome: This is a big item for volunteers as well as quality control issues. Staff is prepared to work with any group who wishes to take on this task. This is a big challenge with major equipment requirements. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 105 aInten Ice Recommendation: Use student small businesses to perform field maintenance. Outcome: Fundy Soccer has done some of this on some of their fields, but not sure of extent. Again there is an equipment requirement. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 106 sg All.jildgevi!' _ Recommendations:, Build two new fields at Millidgeville North School. Outcome: Completed - Province built two new fields at Millidgeville North School. City financed installation of lighting at Millidgeville #1 field. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 107 sg Midge _ o.- SC 5 A a Recommendation:, Rebuild current field at Millidgeville North School. Outcome:. Completed by Province. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 108 Recommendation:, Expand Barrack Green Armory Field and consider moving current baseball to Chown Field. Outcome: Not City property. Little League does not wish to re-locate due to distance and ages of children. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 109 Shamrock Park. Outcome: In 2009, Softball #1 & #2 fields were converted to a multi-use grass field to support soccer, football and rugby. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 110 Recommendation: Upgrade current main field at Recommendation: Add additional synthetic turf field at Shamrock Park. Outcome: This was part of the Shamrock Park Master Plan and will be submitted as part of the 2010 Capital Program. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 111 Shamrock Park main field to another location. Outcome: In 2009 all softball was moved to Allison Grounds. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 112 Recommendation: Move softball activities from Recommendation: Convert two existing lower fields at Shamrock to regulation size multi-purpose field. Outcome: Master Plan completed. Recommendation contained to address this issue. This will be a future capital budget submission. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 113 CI L fDa KO It V Recommendation: Existing lower ball field should be converted to national caliber slo-pitch softball field - move little league activities to St. Peters. Outcome: Field to be converted to regulation size. St. Peter's under review... not sure of direction. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 114 Recommendation: Province should remediate Forest Hills School Field. Outcome: Field belongs to Province. Province is considering remed iation of field. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 115 ,anada r-,-,~.imes Recommendation: Refurbish Canada Games Stadium considering all options for public and private funding. Outcome: Designs completed. funding from others. This is facilities. Construction pending Council's # 1 priority in Recommendations from the 2004 City of Saint John Recreational Facilities Commission 116 Recommendation: Chown Field should be converted to little league baseball park. Outcome: All sports played here are youth. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 117 designated as rugby field and maintained by Trojans Rugby Club. Outcome: Current Status - Trojans Rugby Club is the primary user of this field . The club has done maintenance work. Field is owned by School District # 8. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 118 Recommendation:, Hazen White field should be Recommendation: Existing ball field at Market Place should be converted to national caliber slo-pitch field. Outcome: Space limitations. Not enough distance on lef t field side. Possible enhancemen ts wi th fu ture construction of Harbour Passage. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 119 Recommendation:, Indoor Multiplex Sports Dome Complex should be pursued. Outcome: Exploring opportunities for possibly establishing this type of facility. Nothing at this point. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 120 Recommendation:, Upgrade tennis facilities at Forest Hills, Shamrock, Millidgeville, Rainbow Park Lancaster Centennial. Outcome: Forest Hills: New asphalt (3 courts painted on asphalt) - 1 court is presently functional with posts & net. Shamrock Park: upgrades completed 2009 with addition of one more court (8). Rainbow Park Master Plan to include 1 restored tennis court. Millidgeville Courts part of 2009 Capital Program. Lancaster Centennial has two tennis courts refurbished. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 121 Recommendation: Decommission tennis courts at Glen Falls, Champlain Heights, Simonds High, Loch Lomond Center, Lakewood Heights, Midwood Ave, Assumption, K.B.M., Morna Heights and New Albert. Outcome: Champlain Heights (Robar Court decommissioned. Possible mini-skate parks, basketball courts, road hockey, etc. Only facilities operated by City are: Lancaster, Beaconsfield, Forest Hills, Shamrock, South End, and Millidgeville. All are in various stages of upgrading. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 122 Recommendation: Reinstate Tennis Program for youth and adults. Outcome: Reinstated Youth Instructional Program in 2006 season. Dependant on grants received through the Tennis Club with support of Leisure Services. No adult instructional programs offered by city. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 123 Recommendation:, Support the development of an indoor tennis facility, either as part of a multi-sport complex or as a stand alone unit - to be maintained by the Saint John and District Tennis Association. Outcome: Discussions are ongoing, Shamrock Park was eliminated as a site - no resolution at this time. Consideration will be part of the RFP for Millidgeville Courts. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 124 Recommendation: Develop skateboard park facility on portion of parking area at Harbour Station. Outcome: Completed - 2008 State of the Art Facility. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 125 Recommendation:, Develop main trunk recreational trail to become part of Trans Canada Trail. Outcome: Portions upgraded in Rockwood Park (funded by pipeline construction). Funding provided in 2009 Capital Budget for City wide plan. A number of rebuilt streets now include bicycle lanes. New park redevelopment plans include trail connections where possible. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 126 as Ce r'. ff a N'W-W Recommendation:, Convert current vacant and private properties in South Central Peninsula to open green play space. Outcome: Redevelopment of South End Playground proposed. Enhancements to Harbour Passage planned to extend around peninsula. No other plans for vacant lots at this time. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 127 4 Recommendation:, If new YM-YWCA is built, build it adjacent to Canada Games Aquatic Center. Outcome: Negotiations were conducted between Canada Games Aquatic Centre and YMCA: Not proceeding / project cancelled. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 128 Recommendation:, City Recreation Department should take the lead in encouraging and facilitating youth to become volunteer coaches. Outcome: Most leagues do this (or should) as part of growing their sports. Province has programs to train and fund. City will provide advice and direction. Recommendations from the 2004 City of Saint John Recreational Facilities Commission 129 a Questions? Recommendations from the 2004 City of Saint John Recreational Facilities Commission 130 ~U Strengths: *Ridership has increased to 2.8 million in 2008 *People are familiar with the routes and the schedules *Frequent service in some areas, such as Kings Square and the Lower West *Comex service is popular, well-used and cost neutral 132 Weaknesses: *There is no direct service to the hospitals and UNB except from King Square *Infrequent service in many areas *Limited evening service *Weak access in the mornings to the Regional Hospital *Park `N Ride options are only available in suburban communities and Objectives Goals 1 ' n assengers to 3.3 million by 201 by half a millio 'P tor by ridership retal~ sec .Increase ortunities in the p~oY~'ent feeder routes .Provide improved em to 10 PM on main NB al Hospital and ~ service Region extending the P to •1mproVe ridershi opportunities as not now served d service to are ansit the Sant John Tr • Exten *Meet service standards estab~~shed by Commission 133 *Investment -This improved service will require five additional drivers thr whom will be dedicated to providing the additional even' ee of service and two who will be dedicated to the new In-City I Park ' Rides N -The anticipated increase in ridership to 3.3 million assen er will fund the increased operational costs p g s *Customer Input -We solicited input from our key stakeholders, including current passengers, potential passengers and drivers -An invitation for customer input on our website generated over 100 comments. What we heard overwhelmingly was a request increased morning and evening service, which we addressed for our changes in 134 Service Standard Criteria Used in Development of New Routes and Schedules *service Levels -Urban core service within three blocks -Main line route service 6 AM - midnight -Urban feeder route service 6 AM -10 PM -In-city suburban route service AM and PM -Suburban route service at full cost recovery •Cost Recovery Ratio -Greater than Canadian average for cities with a population of 50,000 - 150,000 *subsidy per Passenger -Less than Canadian average for cities with a population of 50,000 - 150,000 • Fa res -Cash fares within 25 cents of Canadian average for cities with a population of 50,000 -150,000 I SENT JOB 135 *Will now feature three main lines -McAllister Mall to the Hospital/UNB -McAllister Mall to Lancaster Mall -Lancaster Mall to the Hospital/UNB *Longer hours and more frequent service -Service every 20-30 minutes on the main lines: 6 AM until midnight -Service every 30-60 minutes on the main feeder lines: 6 AM until 10 PM *Park `N Ride service within Saint John -Funding received from the NB Climate Action Fund -Parking lots will be added in Latimore Lake, Golden Grove and Lorneville (sites to be finalized) -Service will be available for four hours in the AM and four hours in the PM 1 136 City of Saint John r - y 137 City of Saint John Main lines (service to Lancaster Mall, McAllister Place and UNB/Hospital) 138 City of Saint John 139 City of Saint John 140 City of Saint John West-side routes North and South routes East-side routes 141 City of Saint John West-side routes North and South routes East-side routes Comex (Grand Bay-Westfield, Hampton and KV) 142 City of Saint John Main lines (service to Lancaster Mall, McAllister Place and UNB/Hospital) West-side routes North and South routes East-side routes Comex (Grand Bay-Westfield, Hampton and KV) New Park `N Ride routes (Lorneville, Latimore Lake and Golden Grove) 143 City of Saint John West-side routes North and South routes East-side routes Comex (Grand Bay-Westfield, Hampton and KV) New Park `N Ride routes (Lorneville, Latimore Lake and Golden Grove) _ T 10"IN T T d 144 qv~ LSUO~~SanU 91189/2ee9 89:45 1 PLANNIN5 AND pE LaP PAGE 85186 Appgatiaa for a Zoning By-larr Amendment rand Municipal Plan AmendneR+ • - Demxmk de medi8catles i 1'arrW our It nonage Appliam Rented Ish metipa IRenwdpeoenb rar k demodear NemedApplie~tlNomdademe (~oQEft'C '211 C-P,tnE k10ti1o~Addess~spptlaelAdd~opoeWc~daomd~ TJw~ e r q-X. 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IFS 00 DFR-cp 6 - \M ♦h 40 71 //34 140 i ~.a20 • ®s 148 v _ P 549 149 tipper F ®mmo.,-5 D Frx« ! ® Ffb~~ ar C „ K`CT 150 150 rN- A ~S'CILHM' 6mtl 8'~°~ s ~<tYC NG~ o ~C'CC 8f n+a..- r G i a r f:Fr.S b Pic G 1 so FT. 151 151 PUBLIC NOTICE Public Notice is hereby given that the Common Council of 'Ile 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, July 6, 2009 at 7:00 p,m., by: 1. Redesignating on Schedule 2-A and 2-C of the Municipal Dcvclopment Plan, fromAfedium Densilr Residential to Approved Commercial Development, a parcel of land with an area of approximately 360 sq uarc metres, localed at 99 Hazen Streel, also idcnlificd as being PID number 00015388. VIS PUBLIC Parlespresentes,trn this puNic csi ionmc pat lcquel le eonsed communal de The City of Saint John indrque son intention de modifier le plan d'amenaganem municipal et I'arrete sur le zonage de The Cite of Saint lolui.lors de la reumon mdinaire qm se tiendra Bans la Salle du Conseil le lundi6 juillel 1009 a l9 h, on apporlant les modifications smvames . 1. la reclassification, it ['annexe 2-A et 2-C du plan d'amenagement municipal, d'unc parcelle de terrain d'une superficte d'environ 410 mcues carres. sauce an 99, rue Hazen, el portant le NID W015388. de tone risidentielle de densili mopenne a zone d'aminagement commercial approuve. 2. Adding the following to the list of Approved 2. I'ajoul de la parcelle de terrain suivanle a la Commercial Developments in sub-section 2.4,6,28 lisle des amenagcmcnts commercidix dppruuves a of the Municipal Development Plain I'almea 2 4.6.28 du plan d'amenagemenl municipal . "wi a parcel of land with an area of appioximateh 360 square metres, located at 99 liazen Street. also identified as being PID number 00015388 " 3 Rezoning the same parcel of land from "KALIF" Multiple Residential Infill to 9-2" General Business. a w) mix parcelle de terrain d'une supcrlicic d'envnon 360 metres carres, situce au 99, rue Hazen, eii portant Ic NID 00015388 a 3. la modification do zonage do la parcelle de terrain precilec pour la faire passer de zone d'tidification de logemenis multiples sur terrain intercalaire x RA1-IFii d zone Commerciale genfirale a B-2 0. REASON FOR CHANCE: RAISON DE 1, MODIFICATION: To permit the establishment of business offices Permettre I'am6nagement des bureaux d'all'anes i +sithin the existing building. l'inteneur du batimenl existant The proposed amendments may he inspected by any interested person at the office of the Common Clerk. or in the office of Planning and Developmem, City Hall, 15 Market Square, Saint John, N B between the hours of 8:30 a.m. and 410 p.m., Monday through fnday, inclusive, holidajs excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Toole personne iWressee pout examiner les modifications proposees au bureau du grellier communal ou au bureau de I'urbanisme ct du developpemenl a 116tel de vnlle au 15, Markel Square, Saint John, N.-B , entre 8 h 30 el 16 h 30 du lundi au vendredi, saul leg lours feries. Veudlez faire part de vos objections aux projcts do modification proposes par cent i ['attention du soussigne a 1161el de vllle. Elizaabeth Gormley, Common Clerk Elizabeth Gormley, greBiere communale 658.2861 658.2862 i g t - MW 152 PROPOSED MUNICIPAL. PLAN AND ZONING BY-LAW AMENDMENTS RE: 99 HAZEN STREET 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, July 6, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A and 2-C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as being PID number 00015388. 2. Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28 of the Municipal Development Plan: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as being PID number 00015388. 3. Rezoning the same parcel of land from "RM- IF" Multiple Residential Infill to "B-2" General Business. REASON FOR CHANGE: To permit the establishment of business offices within the existing building. 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 ann, 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 : 99, RUE HAZEN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et I'arrete sur le zonage de The City of Saint John, lots de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 6 juillet 2009 a 19 h, en apportant les modifications suivantes : 1. ]a reclassification, a l'annexe 2-A et 2-C du plan d'am6nagement municipal, d'une parcelle de terrain d'une superficie d'environ 410 metres carres, situee au 99, rue Hazen, et portant le NID 00015388, de zone residentielle de densite moyenne a zone d'amenagennent commercial approuve. 2. l'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuves a l'alinea 2.4.6.28 du plan d'am6nagement municipal : w) une parcelle de terrain dune superficie d'environ 360 metres carr6s, situee au 99, rue Hazen, et portant le NID 00015388. 3, la modification du zonage de la parcelle de terrain precit6e pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire a RM-IF» a zone commerciale generale «B-2 RAISON DE LA MODIFICATION : Permettre 1'amenagement des bureaux d'affaires a I'interieur du batiment existant. Toute personne interestee peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections aux projets de modification proposes par dent a ]'attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, greffi&c communale 658-2862 153 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference: Municipal Plan and Zoning by-law amendment 99 Hazen Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): TUESDAY, JUNE 9TH TUESDAY, JUNE 30TH Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 154 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 360 square metres, located at 99 Hazen Street, also identified as PID number 00015388, from "RM-IF" Multiple Residential Infill to "B-2" General Business - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2009 and signed by: ayor/ aire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr& cc qui suit : Uarrete sur le zonage de The City of Saint John, d6crete le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de l'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 360 metres canes, situ6e au 99, rue Hazen, et portant le NID 00015388, de zone d'edification de logements multiples sur terrain intercalaire «RM-1F» a zone commerciale generale «B-2 » - toutes les modifications sont indiqu6cs 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 arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - remi6rc lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture 155 BY-LAW NUMBER C.P.105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A and 2-C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, 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: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388:' - 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/afire ARRETE No C.P.105- ARRATA MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte cc qui suit : Uarrete relatif au plan municipal de The City of Saint John decret6 le 3 janvier 2006 est modifie par : I la modification de 1'annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 360 m6tres canes, situde au 99, rue Hazen, et portant le NID 00015388 de zone residentielle de densitd moyenne a zone d'amdnagement commercial approuv6; 2 l'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves a 1'alin6a 2.4.6.28 : o w) Line parcelle de terrain d'une superficie d'environ 360 m6tres canes, situee au 99, chemin rue Hazen, et portant le NID 00015388.» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrete le 2009, avec les signatures suivantes : Common Clerk/ reffidre co munale First Reading - Premi6re lecture Second Reading - Deuxib e lecture Third Reading - Troisi6me lecture 156 July 2, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan and Zoning By-law Amendment - 99 Hazen Street On June 1, 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 June 30, 2009 meeting. Mr. Chris Cyr, the applicant's business partner, appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in opposition to or in support of the application, but one letter of concern was received by the Committee and is attached. After a brief discussion regarding the kind of business offices which might be permitted following the proposed rezoning, the Committee adopted the staff recommendation as set out below. The Committee also granted a variance to reduce the minimum number of on-site parking spaces from five to zero on condition that the required spaces be provided at a nearby location. RECOMMENDATION: 1. That Common Council amend the Municipal Plan by: a. Redesignating on Schedule 2-A and 2-C of the Plan, from Aledium De»sitt, Residewial to Appro1,ed Commercial Del,eloprTZe»t, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388; and b. Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388." 157 2. That Common Council rezone a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388, from "RM-IF" Multiple Residential Infill to "B-2" General Business. 3. That, pursuant to the provisions of Section 39 of the C'onmaimith Phuming Act, proposed use of a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388, be subject to the following conditions: That the non-residential use of the property be restricted to business offices within the existing building, not including medical or dental offices, b. That the developer make arrangements, and provide proof of such arrangements to the satisfaction of the Development Officer prior to the endorsement of the required Change of Use permit, to provide five (5) parking spaces at an off-site location in the vicinity of 99 Hazen Street. That any changes to the exterior of the existing building be in accordance with a detailed plan, prepared by the developer and subject to the approval of the Development Officer, indicating any signs, exterior lighting and architectural modifications. The approved plans must be attached to any permit application for the development. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-096 158 DATE: .1[_]NE 26, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF .1[_]NE 30, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Robert Gale Name of Owner: Robert Gale Location: 99 Hazen Street PID: 000153188 Municipal Plan: Existing: Aledium De»sity Residential Proposed: AI)I)roved C'onm ercicil DeveloI naew Zoning: Existing: "RM-IF" Multiple Residential Infill Proposed: "B-?" General Business Proposal: To establish business offices in the existing single-family dwelling. Type of Application: Municipal Plan Amendment, Rezoning and Variance to reduce the minimum required number of on-site parking spaces from 5 to zero. 159 Robert Gale Page 2 99 Hazen Street June 26, 2009 JURISDICTION OF COMMITTEE: The CorTummitl, Pla»»ing Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, July 6, 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 amend the Municipal Plan by: Redesignating on Schedule 2-A and 2-C of the Plan, fromlllethum Derasith Residential to AI)I)roved Commercial DeveloI naew, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388; and b. Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388." 2. That Common Council rezone a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388, from "RM-IF" Multiple Residential Infill to `B-2" General Business. 3. That, pursuant to the provisions of Section 39 of the CorTZrTmu»itt, Pla»»ing Act, proposed use of a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388, be subject to the following conditions: a. That the non-residential use of the property be restricted to business offices within the existing building, not including medical or dental offices, b. That the developer make arrangements, and provide proof of such arrangements to the satisfaction of the Development Officer prior to the endorsement of the required Change of Use permit, to provide five (5) parking spaces at an off-site location in the vicinity of 99 Hazen Street. c. That any changes to the exterior of the existing building be in accordance with a detailed plan, prepared by the developer and subject to the approval of the Development Officer, indicating any signs, exterior lighting and architectural modifications. The approved plans must be attached to any permit application for the development. 160 Robert Gale 99 Hazen Street Page 3 June 26, 2009 4. That the Planning Advisory grant a variance reducing the minimum required number of on-site parking spaces for the proposed business office at 99 Hazen Street from five (5) to zero on condition that the developer make arrangements, and provide proof of such arrangements to the satisfaction of the Development Officer, to provide five (5) parking spaces at an off-site location in the vicinity of 99 Hazen Street. BACKGROUND: On June 23, 1981 the Planning Advisory Committee approved a doctor's office on the ground floor of the building at 99 Hazen Street as a conditional use in the "RM-1" Three Storey Multiple Residential zone. No additional terms or conditions were imposed by the Committee as the applicant indicated that he could obtain the two required parking spaces from St. Joseph's Hospital. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed Municipal Plan and Zoning By-law amendments: This is a serviced property with municipal water and sewer, however, the nature of the proposed businesses is not known and therefore customer demands are not known. The developer must ensure that there is adequate servicing for this site, - All businesses must have City-approved water meters installed, On-street parking should be discouraged as it adds to already congested City streets. Available occupancy of off-street spaces to accommodate the increased demand should be confirmed through the Parking Commission. There is a risk of illegal on-street parking close to the proposed business, particularly for short-stay customers is possible if appropriate on- street spaces are not available. This risk is of particular concern given the proximity of the proposed business to an intersection. Site distances and available road space to permit turning movements could be obstructed by a vehicle parked illegally close to or within the intersection. - Assuming the business does not operate during overnight hours, there is no need to consider the impact of generated on-street parking on the overnight South-Central Peninsula Snow Bans. Alternate parking arrangements would be required should parking be prohibited from time-to-time for street clearing operations as permitted under the Traffic By-law. Buildings and Inspection Services indicates that there are significant Building Code issues, including fire separations and exiting, associated with this proposal. Assuming the applicant is successful at PAC, a consultant should then be engaged to analyze the situation and to prepare plans for submission with the permit application. 161 Robert Gale Page 4 99 Hazen Street June 26, 2009 Saint John Fire Department has no objection to this application provided that the National Building and Fire Codes are adhered to and appropriate building permits are obtained. Some areas of concern within the National Codes include: - Fire separations within the building, - Access and egress paths, - Requirements for fire extinguishers, - Requirement for a fire alarm system, - Emergency lighting, - Exit signs throughout, and - Rated doors and closures, A fire safety plan will need to be submitted to the Saint John Fire Department and the Department requires that any and all existing fire code violations be corrected prior to approval of this application. Saint John Transit provides significant service to St. Joseph's Hospital at this location. Saint John Parking Commission feels that it is important that any development in the Uptown area provide the required number of parking spaces to meet the Zoning By-law requirements. Parking on Hazen Street close to St. Joseph's Hospital is continually full most times during the work week and in our opinion, the project should not be approved unless the applicant is able to make off-site parking arrangements in close proximity to the proposed office site. This application is another example of a situation where a cash-in-lieu parking program would help cover the cost of developing parking in the Uptown area where it is difficult or impossible for the developer to provide on-site parking. ANALYSIS: Subiect Site and Neighbourhood The subject site is located on Hazen Street near the intersection with Coburg Street in the area adjacent to St. Joseph's Hospital at the northern end of the Central Peninsula. The subject site is of average size for the area, with approximately 360 square metres (3,875 square feet) of area and approximately 12 metres (39.3 feet) of frontage on Hazen Street. The entire frontage, or very nearly the entire frontage, is occupied by the existing three-storey brick dwelling. The landscaped rear yard slopes steeply down from the rear of the dwelling and is only accessible on foot via a very narrow pathway between the subject building and the building at 103-105 Hazen Street. The surrounding area contains primarily older multiple residential dwellings on small, urban lots with the exception of the St. Josephs Hospital complex and several offices at 115-123 Hazen Street (the "Medical Arts Building") and at 91 and 95 Coburg Street. The pattern of residential development the area is typical of older sections of the City, with buildings located close to the sidewalk and side property lines and off-street parking, if any is available, at the side or rear of the buildings. In the wider surrounding area, there are several offices on Carleton and Peters Streets, the recently rezoned area for Peel Plaza, and the boundaries of the Uptown central commercial area extend to the corners of Carleton Street and Coburg Street. 162 Robert Gale 99 Hazen Street Development Proposal Page 5 June 26, 2009 The applicant wishes to convert the interior of the existing single-family dwelling at 99 Hazen Street for use as business offices. The proposal does not include any exterior changes or additions to the existing building. As shown on the attached floor plans, the building would contain a total of eight offices with kitchen and washroom facilities on each of the floors for a total of approximately 312 square metres (3,358.3 square feet) of commercial office space over three floors. The applicant has indicated that he intends to use one of the offices for his own business and will lease the other offices. The applicant has also indicated that he may purchase the adjacent property in the future, and could then utilize the off-street parking available on that site. Proposed Amendments The subject site is currently designated aslllediuni Deusith Residential by the Municipal Plan and is zoned "RM-IF" Multiple Residential Infill. The applicant has requested that the site be redesignated on Schedule 2-A and 2-C of the Municipal Plan as an A1)1)ro1,ed Commercial Deivlopnneut, and that it be rezoned to "13-2" General Business to permit the proposed office use. In most areas of the City, only a rezoning of the property would be required as the Municipal Plan's general policies for Aledium Deusitt, Residential area permit a limited range of small neighbourhood- oriented and/or compatible commercial uses (subject to approval of rezoning) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not allow even local or neighbourhood commercial uses in the Aledium Deusitt, Residential designation. Rather, these uses require approval by Common Council as Approl,ed Commercial Deivlopnneuts by means of an amendment to the Municipal Plan in addition to rezoning to an appropriate business zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Neighbourhood Plan is to protect and enhance the residential environment of the Central Peninsula. Municipal Plan Policies for Commercial Uses The policies of the Central Peninsula Plan discourage the introduction of new non-residential uses into residential neighbourhoods, especially where the parcel in question adjoins residentially designated properties on two or more property lines. The subject site does abut residentially zoned and designated properties along the rear and both side property lines, and as such, the current proposal to convert existing building from residential to non-residential use must be carefully considered. Policy 2.1.4 of the Central Peninsula Neighbourhood Plan (incorporated as Section 10.2.1.4 of the Municipal Plan) does provide for the possibilitl, of such a redesignation, stating as follows: 2.1.E Where specific coninzercial developnzerits are proposed for iridividiial parcels cif land that require redesigrzatioii cif the land to a commercial desigraatiora, it shall be the police of the Oth of ,SWia.lohii that Co19 moi? Cowicil nttC y appro1v such retlesigi?atioi?, SZlbfect to the f )lloirhig criteria: 163 Robert Gale 99 Hazen Street Page 6 June 26, 2009 a) Regcirtl shall he laid to the policies corataiiaed hi,Sectioia 2.4.4.3, 2.4. 1.6, grad 2.4.4.7 of the Alimicil al DeivlopnneiitPlan; aml h) Tlie irnil)lenaeratirag i•ezorairag c?f the land shall i•esti•ict the arse of tliel)cii•eel to a specific hi•oho,sallraai•,vicirat to Sectioii 39 of the C'onm smith Phuming Act. The sections of the Municipal Plan referenced in that policy statement are the Plan's general criteria for evaluating proposed rezoning applications for commercial uses in residentially designated neighbourhoods. These criteria include location on a collector or arterial street, limitation on the size of the commercial use and measures to ensure compatibility with, or at the least, minimal impact upon surrounding residential properties by any traffic, lights, noise, etc. associated with the commercial use. The subject site does not abut a designated collector or arterial street, but is close to Paddock Street and Garden Street which are designated as arterial street by both the Uptown Strategy and Schedule 4-A of the Municipal Plan. Coburg Street also functions as a connection between the Throughway and the Uptown, although it is not designated in the Plan as such. With regard to the size of the commercial use, the approximately 312 square metres (3,358.3 square feet) of office space proposed is well below the Municipal Plan's maximum of 1,000 square metres (10,764 square feet) for such uses in residential areas. Due to the dense pattern of development in the neighbourhood and the location of the existing building at 99 Hazen Street, little can be done to provide additional buffers such as increased setbacks or landscaping between the site and adjacent residential properties on Hazen Street. Despite the lack of buffers usually required, a business office is typically a use that would tend to have minimum impact of adjacent properties, and there are already several such offices in the neighbourhood. The problematic aspect for the proposed use on this site is the lack of off-street parking and the inability to provide parking due to the location of the existing dwelling. This issue will be discussed separately below. In the past, the Committee has considered similar proposals to rezone residential properties for office uses. Many of these proposals have not been supported by staff due to a number of factors, mainly relating to the nature of the neighbourhood contexts. Although staff do not prescribe to strict Euclidean separation of uses, such uses should generally be encourage to locate within existing designated commercial nodes rather than being introduced into the midst of stable, established residential neighbourhoods. In cases where staff has supported similar rezoning, such as a law office at the corner of Coburg and Paddock Streets and another on Carleton Street, the recommendation was made on the basis of the site's location on the edge of a residential area or within an already mixed-use neighbourhood. In the current case, the context of the neighbourhood and the existing mix of uses, as well as the location of the site in close proximity to a large institutional complex, makes the neighbourhood somewhat of a transitional area between the Uptown and residential areas further west of the subject site. Uses such as the proposed business office, which generally have low impact due to their nature, hours of operation and clientele, are generally considered appropriate for transitional areas. In addition to the previously discussed criteria set out in the Municipal Plan (i.e. location on an arterial/collector street, size of development, impact on abutting properties), the context of the wider neighbourhood must also be considered. The proposed business office would not be out of place in the 164 Robert Gale Page 7 99 Hazen Street June 26, 2009 existing mixed-use neighbourhood and there are, in fact, at least three other offices within a block of the subject site. As a result of these factors, the proposed amendments to the Municipal Plan and Zoning By-law can be supported. However, as is the case with other similar proposals, the rezoning should be subject to Section 39 conditions limiting the non-residential use of the site to the specific proposal for a business office to ensure that any future changes to in the nature of the use will be subject to review by Common Council and input from neighbouring property owners. As previously noted, conditions regarding the specific use of the site are also required by Policy 2.1.4 of the Central Peninsula Neighbourhood Plan. Section 39 conditions should also deal with other issues of concern with the site and proposed use, such as the lack of off-street parking. Off-street Parking Based on the area of the proposed business offices (and the existing use of the property as a single- family dwelling with no parking), the Zoning By-law requires that five off-street parking spaces be provided for the use. As previously mentioned, there is no way to access the rear yard of the site to provide these parking spaces. As a result, the applicant has requested a variance to reduce the minimum number of parking spaces from five to zero. Due to the close proximity of the site to the Uptown, transit routes and the amount of lease parking lots in the area, approval of the parking variance can be supported. Many commercial uses in the Uptown and Central Peninsula areas, especially those involving the conversion of large, older dwellings require and have been granted similar variances. Given the busy nature of the area and high usage of on-street parking spaces for St. Joseph's Hospital and other office in the area, however, it is recommended that the applicant provide proof of five leased parking spaces within walking distance of the site prior to Planning endorsement of the required Change of Use permit. CONCLUSION: While the proposed business offices can be considered an appropriate re-use of an existing older home given the context of the surrounding neighbourhood and the relatively innocuous nature of an office, the lack of off-street parking on the site is problematic. As a result, it is recommended that the application be approved only on condition that the applicant seek, and provide proof of, off-street parking within walking distance of the site. It must be noted that while the "13-2" General Business zone also permits medical or dental offices as a business office, these uses are not considered appropriate for this location due to the nature of their businesses, the increased flow of traffic to and from the site, and the associated higher minimum parking requirements. Section 39 conditions limiting the use of the proposed to the currently proposed business office, not including medical or dental offices, are recommended and are required by the Central Peninsula Neighbourhood Plan. SH Project No. 09-096 165 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 48 `yC d p r 40 44 \ 2 4S'+ r 9938 4 ♦ t \ ♦ 34 i \ 32 ,Q 2A MA % 1L"" s 1a 28B 11 1t0 ` 18 111 130 +1♦ 1 \ 130 12 ~t 1 .y 8 1 \♦1 ~Q IL 0 f 44 86~ + 20 4~ ■ 4 40 ► 1 40 7 ~`Qi n a 33 41 F \ 1'10 101 0 I L - I 81 8 F 108 * 100 r 0 86 \s Y, , ! e~,♦~ ss r2 Location: 99 rue Hazen Street Date: June 15 juin, 2009 Scalelechelle: Not to scale/Pas a Mchelle 166 a r, ~ ►J! n 10 _ k V 14 r►r,~~ ° ee ► ~ ! 1e is ~ 91 00 2828 1 n f Be 30 3 rT 3s ► ~ ae 38 0 ► l o t 42 04 ► 48 48 f to, --t. f I I r PID(s)IN[P(s): 00015388 Subject Site/site en question: i. I i , i i I . , , , t , , 1 i .1 I : I , I r : : ' I ; 4 w . r , j ' I a 4& A4~ 4.1'll 170 JW 22 04/20/2009 07:47 1 PLANNING AND DEVELOP PAGE 03/04 Application for a Zoning By-law Amendment Demande de modification iy l'arreti sur le zonage Applicsat Rdated InformsWo I Reaseignements sur It demondeur Namc of Appb= /Nam du demaodwr Mailing Address ofMplicmn /,Addrm postale du dinvideur 3 4 I br S6 i r1 f JoI , , N Postal Code / code postal ~-Zj 4 Telephone NtwJxr / N=iro de tdphme 1416- r % J 7 Home / Domicile I [ 0 (,3 3 work / Travail 3 r l 0 0 a `f Fax Nmaber I Nuiz& de t6lEc*mr _ q509 (0JO r I{ f a x Name of Property Owner (if Maim) / Nom du popr &ire (si diff6rem) n I n -Y,, as, ~7,b Address I Adresse Pods/ Cade / Code postal Property iaformation / Rensdpit rents suer is proprikk Laatioa 1 Emp4'roemdrt 1~q CI ~~I'G(r~G~ Vi ~L L A-Ve- Civic # I No de voitie Sweet 1 Rue PID I NIP Lot Am I Superficie du lot Sum Fromp / FSP& sur rue Existing Use of Pmperty / Utilisation acmellc de la pr*& -r n -H Mmicipal Plea land Use Desigoabon Ddsipnatioa de utilization do tc= silt le plan >amdo LD V P~1S! P S i ~~,/1 ~ Amendment Requested / Modification demadit Present Zomng / zonage acluel e S (le n ~ C1 I C. ~ " ( I ) l>~d' Cbm* Zm* to / Modh2 ion du zonagt A I ~t~, rn 1 and/or 1 oil 0 Teat Amend wt (indicme particulars) / Modification due we (iodiquez les d w s) 171 04/20/2009 07:47 1 PLANNING AND DEVELOP PAGE 04/04 Development Proposal / Proposition Waminagement Desc*on of Proposal / Descripdon de is propo5don - ~ J - J rP~< <I ~~~~1 C~ I -{°r) /1 !'O() ~7-, ~ i`7r:1 )-,c,TLI You must provide a scaled site plan That illustrates your proposal. You may also provide phologmphs, building plan, elevation drawings and arty other form of information 71,se plan must show the dimensions of the property, the loceon of all butldings, driveways, paniang areas, landscaping andslgns. It is imponam that the distance between the property boundary and buildings are shown. Pous devez foumir un plan du site h l'echelle illustrant voire proposition. Vouspouvez hgakmentfournir des phonogrghies, des plans de bdtimat des demins de plan d'!ldvatlon et route aunt forme de reAm nemea Le plan doi► Mquer les dimensions de la pmprl60,1'emplaeement de la totalitd des b4aments, des Ads, des alres de stadonnement, des amdnogenuntr paysogers et des pow = de signallsation 11 est in portent d'indiquer la didtance entre k.t limites de la propridt ei les batimenia. Provide reasons why these amendmeza dWd be approved. / Fmrair taut autre tpmpement eoncema vote prapmk on qai Posarait @tre 3pptrarv6es. n)-F) 1,)e 1 -N 15S I,)C~n r7T. X r r r ~ I ~ 1 1 7 L 1 fir{ ~I`VIl~. Y~ n ~ Y.LLfnr-e InJnT7)0 Provide soy ather infmadon about your ptnposal that would be helpful. / Fan*tcm arms teaseigaemeat avsraetaaoi wtre proposition qta pomrait iM We, .yrA Sigoat~e of AppGcam I Signature du dwmdaff i / 1 'D WO Application Fee Enclosed I Ct-joiltr la lrais de demands de +00 S please have the owner sign below. The signature of veuillez oblenir b signature du prop►ietaire daps la partie the owner is authorizing this application to proceed curs: La signature do propridtaire autorisant le for consideration by Common Cowldl. trailetttentde to prEsente drowde pour que Gene derniore soil exMinde par le conseil emumaW SipMn of Owner (if applicable) Signature dnc prapri6taQe (s' it y a lieu) /I [ ~~i~ f 1 Gt .TK_Yu.., ~°~.~i 'c,c l Date: ~l J Deus LLd C Z(;()1f you are not die owner of the land to question Si vows n'6tespas k ompn0alr~e do terrain en quesnm, 172 II ti i, A~j,L Q Gy dhIF. 0 .-qLD P P nt ~ut 3 173 f 3 =1 saPTR z M~ e~ is YfG ~~eG~ t 1 fry 1 Ca G3 r J N 1Z-2`i CW-1 20--9j" Wziw A i - F c'oo m is Bat( ream` I RGG€oRil+~7Ial RQom DO Bedroom B P- 'of agm -Z~M Li. M C - - - - r 8--2 201-9' 10 I 121 899 Grandview Ave Basement Window Sues: W dW B 1 x Awni vin €ng ~~si ?a. at - ~Ii F 'I B 01 n n ~~:n rr PUBLIC NOTICE AVIS PUBLIC. Public (Notice is hereby given that the Common Council of ThWity of Samnt John intends to consider amending The City of Saint John Zoning By-law at its regular mectme to be held to the Council Chamber on Monday, July 6, 2009 at 7:00 p,m , by: Rezoning a parcel of land wine an area of approximately W square metres, fixated di ST) Grandview Avenue, also identified as PID No. (86414142, from 'R-IB°' One and Tuo Family Residential In "RM-1" lluce Storey Mulliple Residential. REASON FOR CHANCE! To permit a rooming house. The proposed amendment may be inspected b 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 R. beirween the hours of 6.39 a.m. and 4.39 pm., Monday through Fnday, reclusive, holidays excepted Wntten ohjectiutrs to the amendment may be sent to the undersigned at 01% hall. Par 16 prisentes, on avis public est donne par lequel le conseii communal de The City of Saint John mdrque son intention d'itudier la modification sumaala i 1`arrele sur le zonage de The City of Saint John, lors de ]a r6uniun ordmaire qui se ticndra dons la Salle du conscil le land! 6 juillet 2999 i 19 h : RezonagC dune pmc,llc de terrain dune superlicie d°envaron 6N mcli(s cams, srluie an S'A), avenue Giandvidv., or poitant le NID 0tH14147„ de none resideu(ielle - habitation umbun liales 44Bis a zone dWifices i log nts ]liples do Irois Rages (111-la. RAISON DE LA MODIFICATION: Permeate une maison de chambres. Elizabeth Gormley, Common Clerk Elizabeth Gormley, GrAire commumale 658-2862 6Sfi "96? II 1971 SAINT JOHN YB (N.-B.) E21, 4LI wwwsaintjohnn 176 PROPOSED ZONING BY-LAW AMENDMENT RE: 899 GRANDVIEW 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, July 6, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 680 square metres, located at 899 Grandview Avenue, also identified as PID No. 00434142, from "11-111" One and Two Family Residential to "RM-1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit a rooming house. 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: 899, AVENUE GRANDVIEW Par les pr6sentes, un avis public est donn6 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 6 juillet 2009 A 19 h : Rezonage dune parcelle de terrain d'une superficie d'environ 680 metres carr6s, situ6e au 899, avenue Grandview, et portant le NID 00434142, de zone r6sidentielle - habitations unifamiliales <<R-IB» a zone d'6dilices i logements multiples de trois 6tages <<RM-I>>. RAISON DE LA MODIFICATION: Permettre une maison de chambres. Toute personne int6ress6e peut examiner le projet de modification 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 f6rids. Veuillez faire parvenir vos objections au projet de modification par 6crit a I'attention du soussign6 i I'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 177 City of Saint Jun. INTERNAL INSERTION Reference: Zoning by-law amendment $99 Grandview Avenue, Saint John Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): TUESDAY JUNE 9TH TUESDAY JUNE 30TH Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerklGreffiere communale Contact: Telephone: (506) 658-2862 178 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 680 square metres, located at 899 Grandview Avenue, also identified as PID number 00434142, from "R-1B" One Family Residential to "RM-I" 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/wire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union 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 l'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 680 metres carres, siiuee au 899, avenue Grandview, et portant le NID 00434142, de zone residentielle - habitations unifatniliales ((R-1B» a zone d'edifices a logements multiples de trois 6tages uRM-1» - toutes les modifications sons indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Prei6re lecture Second Reading - Deuxieme lecture Third Reading - Troisi6 e lecture 179 July 2, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 899 Grandview Avenue On June 1, 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 June 30, 2009 meeting. The applicants were not present at the Planning Advisory Committee meeting and did not indicate to staff prior to the meeting their reasons for not attending. The Committee tabled the application until the end of the meeting and staff attempted to telephone the applicant, but they did not appear before the Committee. As a result of the applicant's absence at the meeting, the Committee tabled the conditional use application to be heard at a later date when the applicant could be present to answer questions. The Committee also resolved that they were unable to make a recommendation to Common Council regarding the proposed rezoning as the applicant was not present to answer their questions. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-183 180 DATE: JUNE 26, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 30, 2009 Nayan Gandhi, MCIP, RPP Planner SUBJECT Name of Applicant: Chris & Natalie MacKenzie Name of Owner: Chris & Natalie MacKenzie Location: 899 Grandview Avenue PID: 00434142 Municipal Plan: Loll' DeiiSlh' Resitleidial Zoning: Existing: "R-1B" One Family Residential Proposed: "RM-1" Three Storey Multiple Residential Proposal: To establish a rooming house accommodating five (5) persons. Type of Application: Rezoning and Conditional Use JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the Zoning By-law of the City of Saint John. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, July 6, 2009. 181 Chris & Natalie MacKenzie 899 Grandview Avenue Page 2 June 26, 2009 The Zoning By-law also authorizes the Committee to impose terms and conditions on the establishment and operation of a rooming house in the "RM-1" Three Storey Multiple Residential zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 899 Grandview Avenue, having an area of approximately 680 square metres (7,319.5 square feet), also identified as PID Number 00434142, from "R-1B" One Family Residential to "RM-1" Three Storey Multiple Residential. 2. That pursuant to the provisions of Section 39 of the C'ommimith Plaw ing Act, the proposed use of a parcel of land located at 899 Grandview Avenue, having an area of approximately 680 square metres (7,319.5 square feet), also identified as PID# 00434142, be subject to a condition that the use is limited to a one-family dwelling or a rooming house with a maximum of five persons. 3. That the Planning Advisory Committee not impose any additional conditions on the establishment and operation of a five person rooming house at 899 Grandview Avenue. BACKGROUND: The neighbouring property, 895 Grandview Avenue, was rezoned to "RM-1" Three Storey Multiple Residential from the same zone as the subject property ("R-1B" One Family Residential) in August 1999 to accommodate a six-bedroom rooming house. Common Council imposed a Section 39 condition restricting that property's occupants to being students. At that time, the owners of that property lived at 899 Grandview Avenue, which is now subject of this application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: • A City approved water meter must be installed at this location. • It is understood from this application that the existing driveway entrance will remain unmodified. • All parking for this property should be on site. Buildings and Inspection Services has the following comments: • The conversion of the house to a five (5) unit rooming house will require significant upgrades to meet Building Code standards. • Every dwelling room must be separated from other spaces by a forty-five (45) minute rated fire separation. This will involve installation of Type X sheetrock on the walls and ceilings and installation of rated doors and hardware. • Every dwelling room will require installation of an A/C powered interconnected smoke alarm. • The current floor plan shows only one (1) exit from the basement level. An additional exit will be required, placed as per Code requirements. 182 Chris & Natalie MacKenzie 899 Grandview Avenue Page 3 June 26, 2009 • Every dwelling room will require a window meeting the egress standards of the Building Code. Saint John Fire Department There is no objection to this application provided that the following conditions are adhered to • Current building and fire code violations (if any exist) are corrected as part of the renovations. • Appropriate building permits are required for the proposed work and that the renovations are carried out in accordance with the National Building and Fire Codes including but not limited to: • Fire separation within the building units satisfies the requirements of Fire Walls and Party Walls as addressed in Section 9.10.11 of the National Building Code of Canada 1995. • Smoke alarms hard wired must be provided in each apartment. • Fire extinguishers must be provided on each floor. • Constriction plans are submitted to the Department of Public Safety Technical Inspection Division for approval. ANALYSIS: S'ubjeet PropertI7 and Neighbourhood The subject property is situated on the north side of Grandview Avenue (see site location plan). A small bungalow is situated on the property. The property is sufficiently maintained with landscaped lawns. A paved driveway is situated on the east side of the dwelling. The immediate neighbourhood is also comprised of small bungalows. The New Brunswick Community College (Saint John Campus) is located only 64 metres (213 feet) to the east of the subject area on the south side of Grandview Avenue. Champlain Heights Subdivision is to the north of the area. Entrance into this adjacent subdivision is about 240 metres (787 feet) to the west. An undeveloped subdivision (Cromwell Drive) is situated across the street slightly to the west of the subject property. Proposal The landowners of the subject property, Mr. & Mrs. MacKenzie, are seeking permission to establish a rooming house in the existing dwelling for up to a maximum of five (5) rooms, with three (3) rooms located on the first floor and two (2) rooms located in the basement. The applicants propose to rent these rooms to either students or outside workers for the refinery bearing-in-mind the property's close proximity to both facilities. It is noted that the converted building will also have a shared kitchen, living room, dining room and a recreational room, along with two (2) bathrooms and a room for storage. Municipal Plan and Rezoning Request The Municipal Development Plan has designated the area as Low Derasith Residential. In order to permit a rooming house in this location, the subject property must be rezoned from "R-113" One Family Residential to "RM-1" Three Storey Multiple Residential. 183 Chris & Natalie MacKenzie Page 4 899 Grandview,- Avenue June 26, 2009 The "RM-1" Three Storey Multiple Residential zone permits, as a conditional use, a rooming house for up to a maximum of fifteen (15) persons. The Zoning By-law requires a minimum of three (3) off-street parking spaces for the proposed rooming house. Land Use CorrrpatibilitI7 Rooming houses are appropriate uses in higher density areas. The City Centre area, for example, contains rooming houses in the context of multi-storey tenement structures over or near businesses. The proposed rooming house at 899 Grandview Avenue should be viewed in the context of the surrounding area and of the rental market for the City as a whole, however. The Spring 2009 edition of the Residential Market Report prepared by the Canadian Housing and Mortgage Corporation states that vacancy rates in the Saint John Census Metropolitan Area have declined, being at some 4% at present. That report noted that the rental rates in the City, which have traditionally been well below the provincial average, are very close to the average now. It is staff's view that new rental units would therefore assist in increasing affordability in the City, noting that recent in- migration that has occurred is likely to continue and place further pressure on rental rates. The subject property's location is considered to be an appropriate one. Grandview Avenue is a designated arterial public street with high traffic volumes. The Community College is in close proximity, and two Saint John Transit routes use the Avenue (see below). A rooming house for students (comprising six (6) rooms, limited to students) is located immediately adjacent to the property to the west (895 Grandview Avenue). Commercially zoned properties are situated at 867 Grandview Avenue and at the intersection of Champlain Drive and Grandview Avenue. There are also a number of industrial uses at the beginning of Grandview Avenue, although most of these industrial uses are not visible from the subject area. The subject property is sufficiently maintained, although both Building Inspection and the Saint John Fire Department have indicated that there will need to be a thorough investigation to ensure that the proposal meets Code requirements. Based on the plans submitted by the application, comments have been provided indicating what may be required in this respect. The location is considered very sustainable. Occupants of the property are likely to be travelling to either New Brunswick Community College or industrial employment areas, both of which are within walking or cycling distance. In any event, the property is well served by public transit, with Saint John Transit services `Champlain-Lakewood' (bus service 419) and `Champlain Express' (bus service 421) running along this section of Grandview Avenue and linking the property with key destinations (e.(-,. Uptown and McAllister Mall). Bus stops are located within walking distance of the subject site at the Community College. Off-street Parking Notwithstanding the point above regarding opportunities to travel by sustainable modes, the existing paved driveway can easily accommodate the required number of parking spaces (being three (3) in this case). While the parking of vehicles would have to be in two (2) rows, which is inconvenient, given the close proximity to the College and the refinery, it is likely that occupants would choose to walls or cycle to local employment or education facilities on most days. 184 Chris & Natalie MacKenzie 899 Grandview Avenue Pl°OVi,vion fior BoartZem Page 5 June 26, 2009 The Zoning By-law permits in any residential zone, including areas only zoned for one-family dwellings, up to two (2) boarders in addition to family members. For clarification, such situations cannot result in separate dwelling units for the students (i.e., basement apartments), but the students must reside with the family. Given the close proximity to the Community College, families in the area have provided lodging for students for many years. The By-law also permits up to a maximum of five (5) unrelated persons (i.e. students) to reside not for profit in a dwelling unit as a single housekeeping unit. However, as the current proposal is for profit, a By-law text amendment or rezoning must be undertaken. Since a text amendment would affect all residential properties in the city, it is more appropriate to consider the merits of rezoning the subject property. In this respect, staff considers that a resolution pursuant to Section 39 of the Corr mimitt, PIcuming Act restricting the property to either a single-family or a rooming house housing five (5) persons would be sufficient to ensure impacts are not greater than a single-family. It is not considered necessary to impose any further conditions on the property. The By-law is clear in that five (5) unrelated individuals living in a single dwelling do not generate, in planning terms, any additional adverse impact on the wider community than a single, related family. It is therefore considered that restrictions on the occupiers would be inappropriate. CONCLUSION: The landowners are seeking permission to establish a rooming house for up to five (5) occupants in the existing dwelling on the subject property. In order to allow the rooming house to operate, the property must be rezoned from "R-1B" One Family Residential to "RM-l" Three Storey Multiple Residential. Given the merits of this particular application, approval for the requested rezoning can be recommended. A Section 39 condition limiting the rooming house to a maximum of five (5) persons is recommended. Additional conditions are not suggested to be required. Modifications to the dwelling may be required by the Building Inspector and the Saint John Fire Department in order to meet the relevant Building and Fire Codes, and the applicant must contact and/or make application to these Departments to resolve any Code issues prior to occupancy of the dwelling by renters. NG Project No. 09-183 185 d :LOPPeTAF-WT ~gME VT Q PAID t w 4t ~ 3* 'a sn 'm t in 9~ , Y ~ tyt 1 ~ ~ t1 ilk ~ ~ X3 t ~ \M w 1 y4 t`rtt RS - t` tY t t~ t~ en question: sitetswta , ~ect sub view P'Venue I ~1 acation.. $ `Grand r _ 2009 pate'. June 15 f , ,cheiie irlot to scaie/Pas a i e I gcaietc~chElle. - 4t` k tt t ' t t~ ' t 00434142 pID(s?tN1P{~$~: 1 t t .4 ti Q4 Ey, 3 ~ 1 Tl ` - V5t 1 ! 1 OA- w ~ , 187 Jviv AWtA 11 MAU n mpM 'uraafl OulAn 3 uaya~~ ` - uto )k 4#i ~Ny ih+! islr i~X"fie MPM y--~W t ~•r-..--- ~uQ_~ p595 M~ „'I4 q-,V i JID 6~ ! end M ! pave GIs rvmjevj _.i, S+ZS: Slider Wi"d°' 37~x2q awr'i'~~ n 35;%21 S11 V W, -3 T t w z~ t gedrvO 9 wdw:A W~~ettDN~r .L Furna~~~~ Room ~Q,dtirvYn ~ . i~ aateiVd G ^3K vt..,..t,A,,al Rppo, Wdw ~ I t N 1 j J The City of Saint John June 30, 2009 His Worship Mayor Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment - 994-1000 Rothesay Rd A Public Presentation was made on May 25th, 2009 of a proposed amendment to the Municipal Development Plan which would 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 being PID Numbers 55007264, 00296756, 00296541, 00297051 and 00297689,to permit the development of a recreational vehicle sales establishment. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, Aug 17th, 2009 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Jonathan Taylor Assistant Common Clerk Attachment S,UNT JOHN P.O. Box 1971 Saint John, NB Canada P2L 4L1 ; r4' U'a CA 1971 Saint John, NA. Canada C2L 40 190 Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a Parrite sur le nonage Applicant Related Information / Renseignements sur le detnandeur Name of Applicant / Nom du demandeur liuches Surveys & Consullanls on behalf of Aberdeen The RV Place Ltd. Mailing Address of applicant I Addresse poslale du demandeur 575 Crown Sheet. Saint Jnhn. NB Postal Code / Code postal E2L 5E9 Telephone Number / Numdro de tdldphone Home I Domicile Work / Travail 634-1757 Fax Number 1 Numcro de t6l6copieur 634-0759 Name of Property Owner (if different) / Nom du propri6taire (si diffdrent) Melba Zoreta O'Leary d oa Donovan Address / Adresse CIO Huahes Survevs & Consultants Inc, Postal Code I Code postal: Property Information / Renseignements sur la propriete Location / Emplacement 994.1000 Rothesav Road 55007264,296756,296541. 297051. 297689 Civic # / No de voirie Street 1 Rue PID / NIP Lot Area I Superficie du lot 11,855 so. metres more or less Street Frontage 1 Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtt: All Drooetties are vacant exceot PID # 55007264 which contains a residential 3-Unit dwelling Present Municipal Plan Land Use Designation Designation amel de utilization des terns sur le plan municipal Present Zoning / Zonage actuel RS-2 One and two family suburban residential Amendments Requested / Modifications demand6es municipal Plan / Plan municipal u Change Land Use Designation to 1 Modifier la ddsignation de l'utilisation des terres i1 Designation to Service Corridor and/or I ou t+ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By-law/ ArrW sur le Zonage X Change Zoning to / Modification du zonage I B-2 General Business and/or / ou u Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddWls en annexe) 172 191 173 192 it' Ut L 1 y1 oooo or r q 1 4 4 1 F a~ r- P,% " 41wo 193 City of Saint John INTERNAL INSERTION For City of saint 101M use only: Rerereace: Public Pr taHon - 994100o othaay Road News a er Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) ' SJTJ City rnrormation Ad Date(s): May 12'h, 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Public Notice I Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerklGreffidre communale Contact: Telephone: (506) 658-2862 175 J 194 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 994-1000 ROTHESAY ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 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: [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 176 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 994-1000, CHEMIN ROTHESAY Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'am6nagement municipal comme suit : la reclassification, 6 l'annexe 2-A du plan dune parcelle de terrain d'une superficie d'environ 1,2 hectares, situ6e au 994-1000, chemin Rothesay, et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, de zone residendelle de foible densW a zone de corridor de service, comme le montre la carte ci-dessous : [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 25 mal 2009 daps la salle du conseil, au niveau du hall d'entr6e, a 1161el de ville. RAISON DE LA MODIFICATION : Permettre I'amenagement d'un commerce de vente de vehicules de plaisance. Veuillez faire pad au conseil par 6crit de vas objections au projet de modification au plus tard le 24 juin 2009 a Vattention du soussign6. Pour toute demande de renseignements, veuillez communiques aver le bureau du greffier communal ou le bureau de 1'urbanisme et du d6veloppement 6 MOW de ville an 15, Market Square, Saint John, N: B., entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les jours fWs. Elizabeth Gormley, Greffiere communale 6582862 195 177 196 ' X41 r' - ~ I a6 It j iP ; l! 1 llrirr~r'oi 1'l{'~~f. , d'I A ~ CII , ~.t J r Y -L ~ ihfl ICI I~ i7 G/7Jt •i{: I YI),, jl Ali l,l~ ~ w ,ti «~1 4 4 Ml par Coined U1 a[KLtgv. 11 pr ~Ey~s ei ixd C )~n,a~sal de the Clly of Anil an amendr 1 to the h1 in tclalanenr rrdn JoG .t a ]intention d'etudier la madihcatson du plan tcllrch would: d'amdnagement municipal comene sun Rokstpale on Schodule 2-A of toe plan. fivin Low Denlig' erldealiaf to Serrrre C `far, o pdrrel of land well an area rd apprnnunAlch 12 heciarrs. located 094-100 floilw.aRrad,uhrtdtnUfredas PID ;dais 3. N, C9t~l5u, 00246,561Ie 0U247051 and 11037619. as dluslraled belam. A public 1wcronnicat of the Pr td amendment %ill take b ^ na. piece at a regular raffling of Common Council on hlarldat. lint 23.2 in the Coumnl Chamber, Lobb} LnA CH% I loll ! REASON FOR CHANGE: RAISON DE LA MODIp1CAT1ON To permit thedecclopmrnt of a recreational whrcle Permetlu C anagenacnl d'un carrunew de wile sales eslabhshmenl de sehreules de plats Written ob 9mas to the prollu d amendmeni may be made to am Conned, to rare of The rrndel upped. by Jose 24, I nqu rirS Ina) be made at the QfbCC of the Comma Clcr k or Naeutug and rlotoom City Hall. 15 4laakel Square. Sdtnl John. N B hrlweenlhcbour ld'Emd.m arld410p , Monday through Fndat. necloute, holidays ewpled Vculllet fain part au cowl pnr want de rot obleel ions an p, met de moddu ei, on an prut laid le 24 join 2009aI;nicirimodusousareni Nour Ionic demanrh:de rcu mis.srmlletcnmmurvquer wev It bureau di i iicr cone pal on k bureau de 1'urlraao el do &wloppcrnrntal'hmeldatt an 13, h1alki Square tiarm Cohn. Y-E., crow 8 h 34 cl 16 h 00 du lundr An sendredt. sauf Its tours fines Wilielh Gormkh: Common Clerk Lllaubclh Gormley. Uretlicrt commundle 638.2862 658 2162 CEMMEM 178 197 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 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 ~A N° C.P.105- A A MOD( L'A1tRCA LATIF AU PLAN MUNICIPAL Lors d'une reunion 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 d6cr06 le 3 janvier 2006 est modifi6 par: 1 la modification de ('annexe 2-A, relative au plan d'utilisation future des terres, afn de faire passer la d6signation dune parcelle de terrain d'une superficie approximative de 1,2 hectares, situ6e au 994-1000, chemin Rothesay, ct portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, de zone rdsidenlielle de densite faible a zone de corridor de service - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arrdt6. EN FOl DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2009, avec les signatures suivantes : Common Cler Ore '6re co unle first Reading - Premi6re lecture Second Reading - uxie e lecture Third Reading - Troisi6me lecture 179 198 The dry or Saint John June 30, 2009 His Worship Mayor Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment - 47.51 & 63.69 Ross St; 72.74 St. James St. A Public Presentation was made on May 25th, 2009 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2-A and 2-C of the Plan, from Medium Density 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 being PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800, to permit a parking area. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, Aug 17th, 2009 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Jonathan Taylor Assistant Common Clerk Attachment SACN`t JOHN P.O. Box 1971 Saint John, NB Canada EZL4L1 I womsaln'ltmhi°ua ) C.P. 1971 Saint John, NA. Canada E2L4L1 199 Applicant Related Information lRenseignements sur le demandeur Name of Applicant /Nom du demandeur s 1 74 Ks Lid,- Mailing Address of applicant/ Addresse postale du demandeur 2(s D 1 u c k Lohmur d Rd. Postal Code I Code postal E 2-1 A7 Telephone Number / Numiro de 1616phone Nome I Domicile-65 76 ®F5q 9 L) Work / Travai I Fax Number / Num6ro de tdlicopieur 6 cfb- 2 2 g 6 Name of Property Owner (if different) / Nam du propridtaire (si different) Address I Adresse Postal Code / Code postal: Property Information / Renseignements sur la propriktk Location I Emplacement 47- 51 s+ lc - q );ors St / 72--74 S~, `l c rne, Civic q / No de voile Street / Rue PID I NIP Lot Area / 5uperficie du lot ± 2?4 F 00() ~4 z Stroct Frontage / fagade sur rue 7-4 OLE+ Existing Use of Property I Utilisation actuelle de la propri&6 __parit1 -wea I VdtCalt-1- C c~ Present Municipal Plan Land Use Designation v Designation actuel de utilization des terns sur It plan municipal 8,editkfn De~i `:~40- 1c ~'1' I C Present Zoning / Zonage actuel n k Amendments Requested I Modifications demaad6es Mu ipal Plan I Plan municipal KChange Land Use Designation to/ Modifier la dt~Signation de Fulilisadon des terres b Act; cw e8 LtnmUCLUI bev and/or / ou 0 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning Bylaw/ Arr@td slit It Zonage Change Zoning to 1 Modification du zonage e 1 9 Z n and/or /ou ® Text Amendment (indicate particulars on attachment) I Modification due texts (indiquez Its details en annexe) 1 100 200 Developmeat Proposal / rosi 'o ' e et Description of Proposal I Description de la proposition aeve"' co rc r 1L s c E e (to s'j .J Provide reasons why, these amendments should be approved. / Fournir les raisons pour les quelles Its modifications devraient etre approuvdes. PQ 1 rGI tl. ~S ~ 1 ®I'(1t 1C1Y1 ~j, Provide any other information about your proposal that would be helpful. I Foumir tout autre rcnseinement conceant volre proposition qui paurrait We Wile. HW r°e_ CC)trn erC VEl ° i ' S1 es' Signature of Applicant I Signatme du demandeur Date 5400 Application Fee Enclosed / Ci joint Its frais de deande de 400 S If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (ifapplicable) Signature du proidtaire (01 y a lieu) Date Bernre soit~¢xaminde par le Conseil communal /0 9 181 201 - ced f e I/J" fill" V 182 202 i o Saint John INTERNAL INSERTION ORDER Reference: 47-51 and 63.69 Ross Street and 72-74 St. James Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John 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 you want of i A, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice Sub-Headline (if a iicble): Text: INSERT ATTACHED Ca to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Kelly Tibbits Telephone: (506) 658-2856 tai 203 1. ~1n4'r' €6 61 a~;~tan r, art ME r r vs! 0 - par CDUnrllu t rg°ou kltir I •.on,.drr III le eonsnI communal de The City or Samt an a mml to the MURICIpal Dcvdopnsenl Plan Jahn a 1°tnicnUon d'Nrrdrtr la mod£fieahun du plan which would: din' IMunicipalCommenil. I Redesignate on Scheduh, 2-A and X of the Plan, from 31edium Densidp Rreideniial to Approwd 6auneral Derrlepmeal. parcels of laid with do area of appronmateh IK86 square unlroo, located at 4751 and 61.0 Floss Street and 7244 St Jana Slrcel. also idatified as PID Na (111111628, 1011611), t1MN11514, 1111111586 and 1111111180!). as 10usiraled below. 2 Add the following to the list of Approwd C~rmtecrsll)eyYlaplntAlS m SDI>+S![IIPrI 2 4 628' 'xl parcels of Ind with an area of appluI 1980 square metres, located at 4 -iland6l-69 Ross SIwt and 72-74 St. James Street, also sdenhfied as PID Nos 1618. 1610, 1544, 1586and000011!00' 1, IN shun, a I'somw 2~A ti 2-C du Aldo des tsarcelles do terrain I superlicre denwon 18KIi TTI canak 51119 s ou 47-51 of 61.69, roe Ross it 71.74, ruc St lames, el partdnt Its MID (111111618, 11111!6!0. R01504, 011111586 tt 11110 10. de;axe rdrrdrndklk dr *Rxk1mvjvmt ii tom e4Wt»gemenr roe eppron•1, commek mature la came mdessom 2. ralnut des parteBes de [train solvantes d la lisle des wonsapannis tommticaux approuves 1 I°alinia 2 4 6.28 N x1 dta par"Iles de lerrlln dune superfine d"rnnrmr RV mutes canes. ditudec an 47• 51 el B4 op. rut Ross rt 7274, rue SI Janus, it porlanl Its MID 1628, 00001610. 00061594, 1586 el 1000 . A public prtsmlahmr Of dte Il1iepri-9n1d11annu191igd. prop*d umunlmenl will lake C .,;-j 'l + ' 1 1 1 - x du projet do mo diealmn place al d regalaY mnhng Of 6 rt wuIke furs do Id reunion Common Cowell no Mondiri, -1 =j ane II ordintor du sunset! &W 2S, 2W in the Council rum St. ,"1 w r, communal It turd! 25 Chamber. Lobby Level, Criv p r 1 ! 20 daDS 19 adlle du I110 consul, as myrau du hall r St. A~ d'cahcc,ul'hdiddeulk REASON FOR CHANCE: ~ oss - RALSOi DR LA Topermhaparkingarea f~ ~ ' !u MODIRCAMON: { r 1 Peron iLivItire do s nt Rtlen atiprons to the proposed amendment may be made to the Counml.in cast of the undersrgurd. by 24, Engmnes ray be made at the office of the Co Ckrk or Planning and DOCIOpmenr. C1y' Hall, 15 Market Square, Saint John. N.B bttwatn the hoors of 8 30 a.m and 4:30 pm., Monday through rndas; plume, holidays exceprcd, Elizabeth Gormley, Cummau Clerk '65rMM Yeai0et faire pan au wastil par emt de III obleclmns an prmlel de modification an out lard It 24 ftda a I°ntualawn do sovsupia hut Ioule nda de rtnsag is veu0la commumgucr avec It bureau du grdfirer a al on It bureau de I`arba aw e1 du 0; doppement i 11iitel do Wle on 15, Markel Square Sant luhn. N.-B., true $ h 30 et 16 h M du lundi aw ftilitdl, not Its iours knia Lluabeth GUI GmIkive cummuale 6582862 I I r'fi l l i r r 'roc I ( [s t ~ i - ~ 984 204 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 Medium DensiV 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 155 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 47-51 ET 63-69, RUE ROSS ET 72-74, RUE ST. JAMES Par les prdsentes, un avis public est donnd par lequel le conseil communal de The City of Saint John a ('intention d'dtudier Is modification du plan d'amdnagement municipal comme suit: 1. ]a reclassification, a 1'annexe 2-A et 2-C du plan des parcelles de terrain d'une superficie d'environ 1880 metres carrds, situdes au 47-51 et 63-69, rue Ross of 72-74, rue St. James, el portent les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone rdsidentielle de densitd mopenne a zone d'amdnagenrent commercial approuvd, comme le montre Is carte ci-dessous. 2. l'ajout des parcelles de lerrain suivantes a Is liste des amdnagements commercieux approuvds a I'alinda 2.4-6-28-. V x) des parcelles de terrain d'une superficie d'environ 1880 metres carrds, situdes au 47-51 et 63-69, rue Ross et 72-74, rue St. James, el portant les N1D 00001628, 00001610, 00001594, 00001586 et 00001800. » [INSERER LA CARTE] Une presentation publique du prejel de modification aura lieu lors de In rdunion ordinaire du conseil communal le lundi 25 mai 2009 dans Is salle du conseil, au niveau du hall d'entrde, A lb6tel de vilic. RAISON DE LA MODIFICATION : Permettre une aire de stationnement. Veuillez faire part au conseil par dcrit de vos objections au projet de modification au plus tard to 24 Juln 2009 a httention du soussignd. Pour toute demande de renseignements, vouillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme el du developpement a I`h6tel de ville au 15, Market Square, Saint John, N: B., entre 8 h 30 el 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffi6re communale 658 2862 205 1.- il. 1 1,. I 11f I 1 - ,SQL O l 186 206 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 PM 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 PD) 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 ARRM No C.P.105- ARR A MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du Conseil communal, The City of Saint John a 6dict6 cc qui suit Uarr6t6 relatif au plan municipal de The City of Saint John dkr6t6 le 3 janvier 2006 est modif 6 par : 1 Is modification de ('annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la designation des parcelles de terrain d'une superficie d'environ 1880 m6tres carr6s, situ6es au 47-51 et 63.69, rue Ross et 72-74, rue St. James, et porlant les NE) 00001628, 00001610, 00001594, 00001586 el 00001800, de zone r6sidentielle de densit6 moyenne 6 zone d'amenagemenl commercial approuv6; 2 1'ajoul de Is parcelle de terrain suivante 6 ]a liste des am6nagements commerciaux approuv& 6 Falin6a 2.4.6.28: ox) des parcelles de terrain dune superficie d'environ 1880 m6tres carr6s, situ6m au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les ND) 00001628, 00001610, 00001594, 00001586 et 00001800.» - touter les modifications sont indiqu6es sur le plan ci joint et font pantie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrbt6 le 2009, aver les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 187 207 The City of Saint John June 15, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Minimum Property Standards Statistics From May 2008 to May 2009 Context: A significant amount of staff time and expertise was utilized in creating this positive change direction. Mr. Edwards and Mr. Woods worked very closely with staff from the Department of Local Government to craft the legislative changes required by municipalities to enforce the required standards. Data from May 2008 to May 2009 includes: 1) Minimum Standards violation letters issued -230+ 2) Formal Notices to Comply issued for Minimum Standards - 37 3) Court appearances for Minimum. Standards (charges laid) -11 4) Courts have imposed a total of $5,490 in fines as a result of these enforcement actions. Motion: To have Ms. Poffenroth, Deputy Commissioner Buildings and Inspection Services Department, speak to Council concerning the Minimum Property Standards statistics for the past year.. lie ctfuII ubmitted, P 1 Peter McGuire Councillor - City of Saint John SAINT JOHN RO. Box 1971 Saint John, NB Canada. E2L 4L1 ~ www.saintjohn.ca j C.P. 1971 Saint John, N.-B. Canada E2L 4L1 208 In G-~ The City of Saint John July 2, 200' Your worship Ivan Count Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Soccer field for Carleton Centre and Market Place As councilors know, the Carleton Centre is a focal point for young people and recreation in the West Side, especially in the part of the West Side encompassed by Ward 3), although the Centre's appeal reaches well beyond even the West Side. Soccer is perhaps the single most rapidly growing sport for young people in the city. Currently, the game is played almost exclusively at the field across from Beaconsfield school. It is my understanding. based upon preliminary conversations with staff, that a soccer field could be completed along available space on Market Place for a relatively modest investment. Motion: That the City Manager provide an indication of the cost of finishing construction of a soccer field affiliated -*vith the Carleton Centre and that he explore funding options for such an undertaking. Such a report should be available at the next council meeting. Respectfully submitted. Received via entail Councillor Killen SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 vwvw.saintjohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 4L1 209 M & C 2009- 180 July 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Design Services: Milford Drainage Basin - Stormwater System Improvements BACKGROUND The approved 2009 General Fund Capital Program includes a project for a study for storm system and local drainage improvements for the Milford Drainage Basin in the Milford Road / Riverhill Drive area. The project includes the funding necessary to engage engineering services to complete the following: ■ Site Surveys, Preliminary Investigation and Data Collection, ■ Pipe Reports, and ■ Preliminary Design, Cost Estimates and Design Report PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On March 16, 2009 (M&C 2009-65) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Terrain Group to carry out the Milford Drainage Basin - Stormwater System Improvements project. On April 22, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Terrain Group. In response, Terrain Group submitted a proposal on May 11, 2009. "t "0 COU 1", '71 L 210 M & C 2009-180 July 2, 2009 Page 2 A Review Committee consisting of the following staff completed an analysis of the submission: ■ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ■ John Campbell, P. Eng. Municipal Engineer ■ Kendall Mason, P. Eng. Municipal Engineer ■ Graham Huddleston, P. Eng. Operations Manager - Transportation ■ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Terrain Group proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with Terrain to settle on an acceptable consultant's fee to submit to Council for approval. The submission from Terrain Group met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Terrain Group to provide engineering design services is approximately $170,603.74 including the City's eligible HST rebate. An amount of $250,000 was included in the 2009 General Fund Capital Program for this component of the engineering design services. POLICY - ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2009-65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M&C 2009-65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A": time based. 211 M & C 2009-180 July 2, 2009 Page 3 RECOMMENDATION It is recommended that the proposal of Terrain Group for engineering design services for Milford Drainage Basin - Stormwater System Improvements be accepted and that the Mayor and Common Cleric be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 212 REPORT TO COMMON COUNCIL M & C - 2009-189 3 July 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Provision of cell phone, blackberry, paging and PC data cards BACKGROUND: In 2002 the City entered into its first formal supply agreement for monthly cellular phone service. The initial agreement, with Aliant as the exclusive provider of cellular and paging services, had a term of 5 years, which was later extended for an additional two years. Staff is of the belief it is necessary to go back out to the market this year and request proposals from all service providers in order to review current technologies, data and cell phone plans, and pricing. It is hoped that this may provide the City of Saint John with a better quality product at a cost savings over the current agreement. The City's current wireless requirements include 196 standard cellular phones, 54 Blackberry phones, 76 pagers and 27 PC data air cards (wireless remote PC connectivity). A formal, advertised, Request for Proposals, which was structured to receive bid submissions from providers who were able to offer on all aspects of the City's wireless needs including; cell phone, blackberry, paging and PC data air card services, closed on April 2, 2009. Three vendors opted to compete to be the City's official supplier of the required services by submitting proposals. They were: Telus Bell / Aliant Rogers Wireless Inc. 213 Page Two ANALYSIS: A review committee was formed to evaluate submissions and recommend a wireless service provider for an initial three year term. The committee consisted of staff from the following areas: Saint John Police Force Saint John Fire Department Municipal Operations Information Technology Finance/Accounts Payable Materials and Fleet Management The scoring of the RFP submissions is comprised of three components: 1.) Written Proposal Offering - 200 Points 2.) Presentation / Interview - 20 Points 3.) Cost Analysis of Pricing Plans offered - 10 Points Total Points 250 Points Written Proposal Written proposals were scored using criteria that included: Quality and Completeness of submission Expertise - coverage area, level of experience Methodology - online reporting, invoicing, services offered Value Added - enhancements offered to requested program Cost - pricing and features offered Presentation Upon completion of the written proposal evaluation, the committee chose to shortlist to two proponents who were requested to provide a presentation and to answer specific questions which were provided to them in advance. Proponents were scored on their professionalism and content of answers provided for questions posed. 214 Page Three ANALYSIS CONT'D: Cost Analvsis In order to compare the financial offers from each bidder in a manner that was relevant to the requirements of the City and fair and equal to both, the evaluation committee chose a cross section sampling of 38 current City wireless users. By employing data, from a previous billing period, and applying the pricing offered by both, the committee was able to determine which provider offered the City the best overall cost savings. Result Throughout each of the three evaluation components, the Rogers Wireless Inc. bid was unanimously selected as the top ranked proposal based on product offered, features and pricing. Highlights of the Rogers Wireless Inc. offering are as follows: Startup credit of $50 for each voice plan Plan Fee $20.00 / month (includes 250 pooled minutes) (Pooling of minutes will allow low volume and high volume users to be grouped together and use minutes from a combined pool of minutes before any overages would be charged) Access fee $6.95 (waived for the first 12 months) Unlimited evenings after 6pm and weekends $15.00 911 fee $1.03 Free cell to cell (incoming and received calls from City cell user to City cell user) Additional Minutes $0.10 Paging $12.95 / month Hardware upgrades every 12 months Free phone or blackberry curve for initial roll out FINANCIAL IMPLICATIONS: When costs were compared, for the cost analysis of 38 City users selected for this purpose, Rogers Wireless Inc. showed a cost benefit of 19% over the Bell / Aliant proposed plan and approximately 30% over our current agreement with Aliant. The projected cost savings, across all City departments, will be in the range of $100,000 per year with the proposed Rogers plan. 215 Page Four RECOMMENDATION: It is the recommendation of the Evaluation Committee for Proposal 2009- 580501P, that the proposal submitted by Rogers Wireless Inc., to enter into a three year supply agreement for the provision of Cell Phones, Blackberry Phones, Pagers and PC Data Air Cards and all associated services, be accepted. Respectfully submitted, rdj g-" David J. Logan Purchasing Agent Pat Woods Deputy City Manager 216 M & C 2009 - 196 July 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Harbour Clean-Up Program BACKGROUND III,. LA' u: ia Juhn Common Council adopted a plan to achieve Harbour Clean-Up on October 6, 2006. The Plan of Action for Saint John Harbour Clean-Up was conveyed to Province of New Brunswick and the Government of Canada in November, 2006 under cover letter from the Mayor on behalf of Council and the City of Saint John. The $79.8 million Plan of Action included a proposal to achieve 100% treatment of collected municipal wastewater and elimination of all raw sewage outfalls. Funding for the Harbour Clean-Up project was announced at a ceremony that tools place at the New Brunswick Museum in Saint John on March 16, 2007. The Province of New Brunswick share of funding was committed and accepted in an agreement letter signed by the Premier and Mayor on October 4, 2006. A Contribution Agreement for Harbour Clean-Up was signed on September 17, 2008 between the Government of Canada and the City of Saint John covering the Federal share. The Contribution Agreement consists of two broad wastewater components, the Eastern Wastewater Treatment Facility and a collection and pumping scheme to intercept and convey all wastewater to each of three major wastewater treatment facilities. System design is well underway with consultants receiving authorization to proceed with design work in April 2008. Design of the first three projects identified as Bayside Drive, Eastern Wastewater Treatment Facility and Spar Cove Road has been completed. The tender for constriction of the Eastern Wastewater Treatment Facility was awarded to Pomerleau Inc. on March 16, 2009. The tender for the Spar Cove Road project closed on June 24, 2009 with the tender for Bayside Drive to be advertised in the coming weeks. 11 - m "0 ~I ~ ~ 217 M & C 2009 - 196 July 2, 2009 Page 2 ANALYSIS The plan figures totaling $79,800,000 were `study level' estimates based on the City's 1993 Wastewater Strategy and updated for inflation with the budget amounts for Bayside Drive, Eastern Wastewater Treatment Facility and Spar Cove Road being updated based on design work that had progressed for those projects. The City's consultant team CBCL/Crandall that has been engaged to carry out design work for the Wastewater Collection and Pumping component of Harbour Clean-Up and has recently submitted a Conceptual Design Report which included updated cost estimates for the various collection and pumping projects based on the `conceptual level' design. A second set of estimates has been developed which identifies updated costs based on the conceptual design of the collection and pumping scheme as well as costs based on the closing of tenders for the Eastern Wastewater Treatment Facility (EWWTF). The updated spreadsheet based on the tender closing for the EWWTF and projected costs for the remaining projects now totals $108,590,000. It is planned to have 23 additional tenders advertised for the completion of construction projects under the Harbour Clean-Up Program. As the design work progresses from Conceptual to Preliminary to Detailed design the project cost estimates will be updated and the costs will be updated further following the closing of tenders. FINANCIAL IMPLICATIONS Under the Harbour Clean-Up Agreement the `Other share' of the project costs are claimed after consideration of the eligible H.S.T. rebate. For a $108,590,000 program the eligible H.S.T. rebate would be approximately $9,200,000 which would bring the total eligible project costs for a $108,590,000 program to approximately $99,000,000. This projection exceeds funding by approximately $19,000,000 for the entire Harbour Clean-Up Program. The overall design project includes a frirther Value Engineering process that will be undertaken by the consulting team to identify cost saving measures while maintaining design standards in accordance with the Atlantic Canada Wastewater Guidelines Manual for Collection Treatment and Disposal. Even with these measures being undertaken it is unlikely that the entire program can be completed for the original $79,800,000. Given the projected total costs and notwithstanding that the Federal Funding Agreement with the City stipulates that the City agrees to be responsible for all additional costs, it is recommended that Council direct staff to draft a letter on behalf of Mayor and Council requesting additional funding support from the other two levels of government to complete the Harbour Clean-Up Program based on final costs. 218 M & C 2009 - 196 July 2, 2009 Page 3 Should the request for additional funding not be supported, the City would have to explore cost reduction measures under the Harbour Clean-Up Program which could include the deferral of certain lift stations to future programs. Although undesirable and contrary to the Federal Funding Agreement, this alternative may be necessary to align Program costs with budgets. RECOMMENDATION It is recommended that Council direct staff to prepare a letter for signature by the Mayor requesting additional finding from the Federal and Provincial levels of government to cost share the Harbour Clean-Up Program based on final costs to complete the program. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 219 TO UN C 0 1" M & C 2009 - 195 July 2, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2009-6: ROTHESAY ROAD (ROUTE 100) - (CLAIRMONT STREET TO RAILROAD OVERPASS) - SANITARY SEWER, STORM SEWER AND ROAD RECONSTRUCTION - PROVINCIALLY DESIGNATED HIGHWAYS IMPROVEMENT PROGRAM BACKGROUND The 2007 and 2009 General Fund Transportation Capital Programs as well as the 2008 Water and Sewerage Utility Fund Capital Program include funding for the installation of sanitary sewer, storm sewer, and road reconstruction for Rothesay Road. The limits for the installation of the sanitary sewer are from Clairmont Street to the railroad overpass near Brookville Manufacturing and the limits for the installation of the storm sewer and the roadway reconstruction are from Colony Road to the railroad overpass. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of various pipe sizes of sanitary and storm sewer plus appurtenances and roadway reconstruction including 9,200 m3 of common excavation, 700 m3 of rock excavation, 6,800 m3 of imported pit run gravel subbase, 3,600 m3 of imported crashed gravel base, 4,400 m- of structural geogrid, 1,930 m of concrete curb, 980 m of concrete sidewalk, landscaping and placement of 2,800 t of asphalt concrete base (type "B" mix) and 1,900 t of asphalt concrete surface course (type "D" mix). The Contract specifies that approximately 50% of the work under the project be completed in 2009 with the remainder of the work to be completed prior to July 31, 2010. The 2009 work includes the sanitary sewer from Clairmont Street to Civic 41491 and the storm sewer, road excavation, backfill, concrete curb, concrete sidewalk, asphalt and landscaping from Colony Road to Civic 41491. 220 M & C 2009 - 195 July 2, 2009 Page 2 TENDER RESULTS Tenders closed on June 30, 2009, with the following results: I. Galbraith Constriction Ltd., Saint John, N.B. 2. Fairville Constriction Ltd., Saint John, N.B. 3. H.E. Merchant & Sons Ltd., Saint George, N.B. 4. Philson Ltd., Hanwell, N.B. 5. Brad Gould Tricking and Excavating Ltd., Nauwigewauk, N.B 6. ACL Constriction Limited, Dartmouth N. S. The Engineer's estimate for the work was $3,301,464.50. ANALYSIS $ 2,807,325.67 $ 2,809,372.10 $ 2,874,256.70 $ 3,033,178.77 $ 3,550,070.15 $ 3,639,752.60 The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of an error in mathematics in the tenders submitted by H.E. Merchant & Sons Ltd. and Brad Gould Tricking and Excavating Ltd. The mathematics errors were corrected in accordance with Division 2 - Instructions to Tenderers and Tendering Procedures, Section 2.18(a) and the corrected amounts are reported above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2007 and 2009 General Fund Transportation Capital Programs and the 2008 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $3,270,000.00 was provided in the budgets, including Provincial funding of $900,000.00 and that the projected completion cost of the projects included in the contract is estimated to be $3,373,96839, including the City's eligible H.S.T. rebate - a $297,158.68 negative difference in the General Fund Transportation Capital Program and a $193,190.29 positive difference in the Water and Sewerage Utility Fund Capital Program. The $297,158.68 negative difference in the General Fund can be offset by the Howes Lake Landfill Closure project that was proposed in the 2009 General Fund Capital Program to receive cost sharing from the Province. The cost sharing from the Province has not been approved for the 2009 Howes Lake project. Therefore, it is proposed to utilize $300,000 of the $400,000 City share component under the Howes Lake project as an offset for the Rothesay Road project. 221 M & C 2009 - 195 July 2, 2009 Page 3 TRAFFIC CONTROL DURING CONSTRUCTION City staff met with Provincial staff from the Department of Transportation prior to the tendering of Rothesay Road regarding traffic control management during constriction. At the meeting, the Province requested that one lane of alternating traffic be maintained through the site during construction. City staff felt that more cost effective bids would be obtained if Rothesay Road was open to local traffic during construction but closed to through traffic. Motorists that would normally utilize this portion of Rothesay Road as a through traffic route would have to utilize the Mackay Highway. Access for businesses and local residents would be available at all times although delays should be expected. The cost for maintaining one lane of alternating through traffic is included in the overall tendered price. An analysis of the low tender indicates that there would be an overall cost saving to the project should the City and Province agree to only allowing access to businesses and local traffic during constriction. City staff will continue dialogue with the Province regarding traffic control during constriction including cost sharing of the difference should the Province maintain their original position. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that: I. Contract No. 2009-6: Rothesay Road (Route 100) - (Clairmont Street to Railroad Overpass) - Sanitary Sewer, Storm Sewer and Road Reconstruction - Provincially Designated Highways Improvement Program, be awarded to the low tenderer, Galbraith Constriction Ltd., at the tendered price of $2,807,325.67 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2. $300,000 of the $400,000 City share component under the Howes Lake Landfill Closure project approved in the 2009 General Fund Capital Program be utilized as an offset for the cost difference in the General Fund portion of the Rothesay Road project. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 222 M & C 2009 - 170 June 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Princess Street Reconstruction BACKGROUND III,. LA' u: ia Juhn As Council is aware, funding was approved in the 2008 Water & Sewerage Utility Fund and General Fund Capital Program for the design and reconstruction of Princess Street from Prince William Street to Charlotte Street. The General Fund provides $1,875,000 of which $355,000 is to be recovered from other sources and the Utility Fund provides $430,000 for the upgrade of underground services prior to surface reconstruction. Further funding was approved in the 2009 General Fund Capital program in the amount of $900,000. ANALYSIS The contract for Princess Street Reconstruction was awarded to Fairville Construction Ltd. on February 2, 2009 and construction began on April 20, 2009. The work that is underway maintains the standard of the Uptown Saint John Business District; the above ground electrical and communications utilities are relocated underground, frull street reconstruction including new concrete curb and sidewalk, clay brick paver medians, and landscaping. The project also includes a new watermain, sanitary sewer, storm sewer and asphalt paving. All of this work is vital to promoting opportunities and growth in the heart of the City. The attached drawing provides an overview of the project and illustrates the effect of the new concrete sidewalk with clay brick paver medians. The five new `bullnoses' or curb extensions on the South side intersections will provide for safer pedestrian crossings as well as increase the usable sidewalk area. Letters were received by Council in May 2009 from Uptown Saint John and Donna Reardon requesting that the City reconsider the decision to utilize concrete curb as opposed to granite curb in the reconstruction of Princess Street. A design report was prepared during the design 11 - m "0 ~I ~ ~ 223 M & C 2009-170 June 11, 2009 Page 2 process and submitted to the City by the project consultant Terrain. The design report evaluated the possible use of the granite curbing as an alternative to the City's standard concrete curb. The analysis revealed that only a portion of the existing granite curb could be salvaged for reuse on Princess Street and that the cost difference between the removal and reuse of the existing granite curb combined with supply and placement of new granite curb versus supply and placement of concrete curb would be approximately $235,000. In addition, ongoing repair and maintenance costs would be substantially higher for granite curb. FINANCIAL IMPLICATIONS A very large commitment is being made to Princess Street. Given the limited amount of overall Capital funding available each year for street reconstruction projects, staff is of the opinion that it is in the best interest of the City to take advantage of the lower cost of utilizing concrete curb. An amount of $235,000 would be utilized for other reconstruction projects in our transportation network. RECOMMENDATION It is recommended that Council receive and file this report, and that copies be sent to Uptown Saint John Inc. and Mrs. Donna Reardon. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 224 Saint John, May 26, 2009 Mayor Ivan Court and Council City of Saint John 15 Market Square P. O. Box 1971 Saint John. NB E21- 41-1 Association Regionale de la Communaute francophone de Saint Jean inc. Subject: Finale des Jeux de I'Acadie 2010 Dear Mr. Mayor and Council The members of the organizing committee are preparing for the Finale des Jeux de I'Acadie, which will take place in our city from June 29 to July 4, 2010, and are concerned about the current state of the track and field venue at UNBSJ. We would like to call the following facts to your attention: - At the time the bid by the City of Saint John was evaluated by the Societe des Jeux de I'Acadie, we clearly indicated to the evaluation committee that the track and field competition would be held at the UNBSJ stadium. The evaluation committee gave us several points for this reason. - The track and field venue at UNBSJ is the only location where the track and field competition can be held; - Track and field is a key event that attracts many spectators; - That said, the track is currently in bad condition and must absolutely be repaired, available and useable for the track and field competitions; - It is of utmost importance that, if repair work is undertaken, the stadium be useable to host the Finale 2010, no matter how far repair work has progressed. You will understand our concern in this regard. We would therefore like to have a resolution from the Municipal Council indicating to us that the stadium renovation plans will take into account the fact that the stadium must absolutely be available for the Finale des Jeux de I'Acadie in 2010. Thank you in advance for your understanding, Sincerely, Michel Cote Chair Organizing Committee for the 3 1" Finale des Jeuz de 1'Acadie 226 DE SAINT-JEAN Saint John, le 26 mai 2009. Monsieur Ivan Court, Maire Ville de Saint John 15 Market Square C.v 1971 Saint Johan, N.B., E2L 4L i Amdafion R6gionale de la Commullau tnc*one de Saint J+l mac. ~Strjet ° Finale des Jeux de 1 Acadie 2010 Monsieur le maize. En vue de [a preparation de ]a Finale des Jeux de 1'Acadic qui aura la"c:u dins noire ville du 29 juin au 4 jWltet 2010, les rmembres du comite organisa.teur s' inquidtent de Ntat actuel de la piste d'atllldtisme de l' UNBSJ et aimeraient porter ; votre attention les faits suivants - Lors de 1'evaluation de la candidature de la ville de Saint John par ]a Socidte des Jeux de l'Acadie, nous anions clairement indique au coax Ad devaluation que la competition d'athletisme se tiendrait au stade du IIUNBSJ. Le comite d'dvaluatjon noun await accorde plusieurs points pour cote raison- - La piste d'athletisme de l'UNBSJ est le seal endroit aria les compactions d'a.thletisme peuvent a tre prdsentees - L'athletisme est une disciplb e old qui attire beaEr.coup de specta.teurs; - Or la piste est ptdsentement en ma.uvais dtat et doit absolument titre repare, disponible et utilisable pour les competitions de piste et pelouse; - 11 est primordial que si des travaux de renovation soot entrepris, le stale soft utilisable pour la tenue de la Finale 2010, peu importe I'avancement des tra-vaux. Voss comprendroz notre inquidtude face cette situation. Nous airnerions done avoir cane resolution du Conseil corn MUnal noun indiquant que la renovation du Stade sera planifide era tenant cornpte du fait gta'il dolt aGbsalruraent titre disponible pour la Finale des joux de 1'acadie de 2010. Merci A I'avance de votre comprdhension. S ° cere "ta°e, Michel. Cate president, Comitd organ isateur de 3 l iearte finale des ,leux dae ]'Acadia: Centre scolaire--comtmunautaire r niil`~t SamweI rtc-Glxamplain i LetFaubourg 227