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2009-12-21_Agenda Packet--Dossier de l'ordre du jour�1 �i 0 City of Saint John Common Council Meeting Monday, December 21, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Land Matter 10.2(4)(d,g) 1.1 Nominating Committee 10.2(4)(b) 1.2 Negotiations 3 Legal Matter 10.2(4)(f) 4 Memorandum of Agreement 10.2(4)(c,d) 5 Property Matter 10.2(4)(c,d) 6 Labour Matter 10.2(4)(f) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of November 23, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Community Arts Board Appointment of Board Members (Recommendation: Refer to the Nominating Committee) 5.2 R.Teed Letter - Relocation of Food Bank to Carleton Center (Recommendation: Receive for Information) 5.3 E. Teed Letter: Recognition of Public Service (Recommendation: Receive for Information) 5.4 Douthwright Letter: Winter Parking Ban (Recommendation: Receive for Information) 5.5 Proposed Public Hearing Date 34 -36 Jean St, 172 -176 Beacon St and 40 Mountain View Dr (Recommendation in Report) 5.6 Tender for Lighting Skate Park (Recommendation in Report) 5.7 Route 1 and Highway 7 Interchange Improvement Land Acquisition by NB Transportation of City Land (Recommendation in Report) 5.8 Sea Street Storm System Improvements Phase I (Recommendation in Report) 5.9 Simms Corner Phase I Fairville Blvd Catherwood St to Lancaster Mall Entrance (Recommendation: Receive for Information) 5. 10 Renewal of Water Supply Agreement Musquash Watershed (Recommendation in Report) 5.11 Watermain Cleaning & Lining, Phase 6 Update (Recommendation in Report) 5.12 Braemar Dr and Parkhill Dr Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction (Recommendation: Receive for Information) 5.13 Brunswick Dr and Paul Harris St Watermain and Storm Sewer Installation and Street Reconstruction (Recommendation: Receive for Information) 5.14 Westfield Rd Reconstruction Project SJ Marina and Hoyt Postponing Closing Dates (Recommendation in Report) 5.15 Westside PACT - Consultation on Future Uses (Recommendation in Report) 5.16 City of Saint John's Benefits Plan Transition to New Carriers (Recommendation in Report) 5.17 Woodhollow Park Development Ltd. (Recommendation in Report) 5.18 Secondment Agreement - Tourism and Parks (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Stonehammer UNESCO Geopark Application 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning ByLaw Amendment 54 Catherwood St 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning ByLaw Amendment 40 Forest City St 9.2(b) Planning Advisory Committee Recommending Rezoning 10. Consideration of By -laws 10.1 Third Reading ByLaw Relating to the Market in The City of Saint John 10.2(a) Third Reading Zoning ByLaw Amendment 251 Loch Lomond Rd 10.2(b) Section 39 Conditions 10.3(a) Third Reading Municipal Plan and Rezoning Amendments 72 Broad St 10.3(b) Section 39 Conditions 11. Submissions by Council Members 11.1 Chip -Seal Program (Deputy Mayor Chase) 11.2 2009 Update - Independent External Review of Crane Mountain Landfill (Councillor Titus) 113 Transit Vision 2040 - Draft Municipal Council Resolution (Councillor Titus) 11.4 Flooding: Westgate Subdivision and Downsview Drive Area (Councillor Farren) 11.5 Letter of Support for the Nature Trust of New Brunswick to Restore the Henderson Brook and Blueberry Hill Wetland (Councillor Farren) 11.6 Ward Meetings for Spring 2010 (Councillor Farren) 11.7 Postponing the Installation of Water Meters (Councillor Farren) 11.8 Westgate Park Flooding Challenge (Councillor McGuire) 11.9 Safe Passage: Westfield Road (Councillor McGuire) 11.10 Martinon Green Space Development (Councillor McGuire) 11.11 Affordable Housing (Councillor McGuire) 11.12 Carleton Community Centre Cheerleading Program (Councillor Snook) 11.13 Market Place Community Green Space (Councillor Snook) 11. 14 Taylor Avenue Field - Neighbourhood Green Space Crescent Valley (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 Commissioner of Finance: Authority to Expend Funds 12.2 Acting City Manager: Short Term Lease with Fortis Properties Corporation Brunswick Square Pedway 12.3 Acting City Manager: Engineering Design and Constriction Management Services - Phinney Hill and Dever Rd Water Transmission Main Installations and District Metering Program 12.4 Common Cleric: Requests to Make Presentations to Council 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment �1 �i 0 City of Saint John Seance du conseil communal Lundi 21 decembre 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, hotel de ville 1.0 Question relative a la propri6t6 — alin6as 10.2(4)c), d) 1.1 Comit6 des candidatures — alin6a 10.2(4)b) 1.2 N6gociations 1.3 Question juridique — alin6a 10.2(4)f) 1.4 Protocole d'entente — alin6as 10.2(4)c), d) 1.5 Question relative a la propri6t6 — alin6as 10.2(4)c), d) 11.6 Question relative aux biens -fonds — alin6as 10.2(4)d), g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 30 — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 23 novembre 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Nomination des membres du Conseil des arts communautaires de Saint John (recommandation : transmettre au Comit6 des candidatures) 5.2 Lettre de R. Teed — 136m6nagement de la banque d'alimentation au centre de Carleton (recommandation : accepter a titre informatif) 5.3 Lettre de E. Teed — Reconnaissance de services publics (recommandation accepter a titre informatif) 5.4 Lettre de Douthwright — Interdiction de stationnement en hiver (recommandation : accepter a titre informatif) 5.5 Date propos6e pour la tenue d'audiences publiques visant les 34 -36, rue Jean; 172 -176, rue Beacon et 40, promenade Mountain View (recommandation figurant au rapport) 5.6 Soumission relative a 1'6clairage du planchodrome (recommandation figurant au rapport) 5.7 Amelioration de 1'6changeur entre la route 1 et 1'autoroute 7 — Acquisition de biens -fonds appartenant a la Ville par le minist&re des Transports du Nouveau - Brunswick (recommandation figurant au rapport) 5.8 Travaux de modernisation du syst&me d'6gouts pluviaux de la rue Sea — Phase I (recommandation figurant au rapport) 5.9 Phase 1 du coin Simms : boulevard Fairville — de la rue Catherwood a 1'entr6e du centre commercial Lancaster (recommandation : accepter a titre informatif) 5.10 Reconduction de la convention d'approvisionnement en eau relative au bassin versant Musquash (recommandation figurant au rapport) 5.11 Nettoyage de la conduite d'eau principale et programme de revetement int6rieur — mise a jour relative a la phase 6 (recommandation figurant au rapport) 5.12 Promenades Braemar et Parkhill — renouvellement de la conduite d'eau principale et de 1'6gout sanitaire, prolongement du r6seau d'6gout et refection des promenades (recommandation : accepter a titre informatif) 5.13 Promenade Brunswick et rue Paul Harris — installation de la conduite d'eau principale et des 6gouts pluviaux et refection de la promenade et de la rue (recommandation : accepter a titre informatif) 5.14 Report des dates de cl6ture du projet de refection du chemin Westfield — marina de SJ et Hoyt (recommandation figurant au rapport) 5.15 Westside PACT — consultation concernant les utilisations fi tures (recommandation figurant au rapport) 5.16 Regime de prestations de The City of Saint John — transition vers de nouveaux prestataires (recommandation figurant au rapport) 5.17 Woodhollow Park Development Ltd. (recommandation figurant au rapport) 5.18 Entente de d6tachement — Tourisme et Pares (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Stonehammer — demande de Geopark de l'UNESCO 9. Audiences publiques 19h 9. la) Projet de modification de 1'arret6 de zonage visant le 54, rue Catherwood 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'arret6 de zonage visant le 40, rue Forest City 9.2b) Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'arret6 relatif au march6 de The City of Saint John 10.2a) Troisieme lecture de la modification de 1'arret6 de zonage visant le 251, chemin Loch Lomond 10.2b) Conditions impos6es par Particle 39 10.3a) Troisieme lecture de la modification du plan municipal et des modifications de zonage visant le 72, rue Broad 10.3b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.1 Programme de pose d'enduit superficiel (maire suppl6ant Chase) 11.2 Mise a jour 2009 — Examen externe et ind6pendant du site d'enfouissement de la montagne Crane (conseiller Titus) 113 Vision 2040 — Ebauche de resolution du conseil communal (conseiller Titus) 11.4 Inondations : zone du lotissement Westgate et de la promenade Downsview (conseiller Farren) 5 11.5 Lettre d'appui a la Fondation pour la protection des sites naturels du Nouveau - Brunswick pour la restauration du ruisseau Henderson et des terres humides de Blueberry Hill (conseiller Farren) 11.6 Reunions de quartier pour le printemps 2010 (conseiller Farren) 11.7 Report de l'installation de compteurs d'eau (conseiller Farren) 11.8 Probleme d'inondations dans le parc Westgate (conseiller McGuire) 11.9 Passage s6curitaire : chemin Westfield (conseiller McGuire) 11.10 Am6nagement de 1'espace vert Martinon (conseiller McGuire) 11.11 Logements abordables (conseiller McGuire) 11.12 Programme de stimulation de foule (meneuses de claque) au centre communautaire de Carleton (conseiller Snook) 11.13 Espace vert communautaire sur la place Market (conseiller Snook) 11.14 Terrain de 1'avenue Taylor — espace vert de quartier a Crescent Valley (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Commissaire aux finances : Autorisation de d6pense de fonds 12.2 Directeur general par interim : Bail a court terme avec Fortis Properties Corporation — passerelle du Brunswick Square 12.3 Directeur general par interim : Elaboration des services de gestion de la conception et de la constriction — installation de la conduite d'eau principale de Phinney Hill et du chemin Dever et programme de comptage de district 12.4 Greffiere communale : Demande de presentations au conseil 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 16. Levee de la seance I December 21, 2009 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of December 21, 2009 contains the following items on the agenda: 1.1 Nominating Committee 10.2(4)(b); 1.3 Legal Matter 10.2(4)(f); 1.4 Legal Matter 10.2(4)(c,d); 1.5 Property Matter 10.2(4)(c,d); 1.6 Land Matter 10.2(4)(d,g); 1.7 Labour Matter 10-2(4)(f) 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": (b) personal information; (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; (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; (g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal Respectfully Submitted,,,, Jonathan Taylor Assistant Common Clerk SAINT JOHN RO, Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca C.R 1971 Saint John, N.-B. Canada E2L 4LI 95-42 COMMON COUNCIL / CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 23, 2009 — 6:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Farren, Higgins, Killen, McGuire, Mott, Snook, and Sullivan -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; A. Beckett, Deputy City Manager; W. Reid, Chief of Police; R. Simonds, Fire Chief; M. Gillen, Deputy Fire Chief, B. Morrison, Commissioner of Leisure Services; J. Taylor, Assistant Common Clerk; J. Chown, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 23 NOVEMBRE 2009 a 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Farren, Higgins, Killen, McGuire, Mott, Snook et Sullivan et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire a la Division des finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; A. Beckett, directeur general adjoint; W. Reid, chef de police; R. Simonds, chef du service d'incendie; M. Gillen, chef adjoint du service d'incendie; B. Morrison, commissaire des Services des loisirs; J. Taylor, greffier communal adjoint; J. Chown, adjointe administrative Call To Order — Prayer Mayor Court called the meeting to order and Jerry Chiasson, Assistant Pastor of Full Gospel Assembly, offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le pasteur Jerry Chiasson de la Full Gospel Assembly recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Snook Seconded by Councillor Killen RESOLVED that the minutes of the meeting of Common Council, held on October 26, 2009 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Snook Appuyee par le conseiller Killen RESOLU que le proces- verbal de la seance du conseil communal tenue le 26 octobre 2009 soit approuve. A I'issue du vote, la proposition est adoptee. 95-43 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 3. Approval of Agenda On motion of Councillor Snook Seconded by Councillor Mott RESOLVED that the agenda of this meeting be approved with the addition of Items 7.1 AIDS Awareness Week Proclamation, and 13.1 Committee of the Whole: Recommended Appointments to Committees. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Snook Appuyee par le conseiller Mott RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points 7.1, Proclamation de la Semaine de sensibilisation au sida et 13.1, Comite plenier : Recommandations de nominations pour sieger aux comites. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter dated November 16, 2009 from United Way regarding Saint John Firefighters' support of United Way Rat Race be received for information. 5.2 That as recommended by the Acting City Manager in a submitted report entitled M &C 2009 - 390: City of Saint John's Benefits Plan, Common Council award the City of Saint John's Benefits contract to the following service providers: AIG, Manulife and Managed Health Care Services Inc. and that the City Solicitor be directed to review all necessary documents for legality and form and further that the Mayor and Common Clerk be authorized to sign any required contract documents. 5.3 That as recommended by the Acting City Manager, as per the Rockwood Park Advisory Committee's request, Common Council request financial or in -kind support from Saint John Energy towards completing the electrical / lighting component of Phase 2 of the Rockwood Park Redevelopment. 5.4 That the submitted report entitled M &C 2009 — 371: Public Information Session — Sea Street Storm System Improvements, be received for information. 5.5 That as recommended by the Acting City Manager, The City of Saint John consent to the Assignment of Lease of Space for Stall C1 from 628926 NB Inc. to 646534 NB Ltd. as per the submitted document and further that the Mayor and Common Clerk be authorized to execute such documentation as would give effect to the said consent. 5.6 That as recommended by the Acting City Manager, Common Council approve the acquisition of additional access to the Laserfiche application and associated hardware from IKON Solutions at a price of $42,850.73. 5.7 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 386: Lease of Space City Market, The City of Saint John enter into a Lease of Space at the City Market with A Whale of a Cafe Inc. as per the terms and conditions of the submitted Lease and that Common Council give 1st and 2nd reading to the submitted "City Market By -Law" whereby section 5(2) is amended to add following Section 5(2)(p) Section 5(2)(q) Stall D; and further that the Mayor and Common Clerk be authorized to execute the Lease or any other document required to finalize the transaction. 5.8 Refer to item 14.1 95-44 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 5.9 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009: Renewal of Operating License for Millidgeville Community Centre, Common Council accept the proposal from the YM /YWCA to operate the Millidgeville Community Centre under the terms outlined in the submitted report and attachments, and that the City Solicitor be directed to prepare the appropriate documents; and further that the Mayor and Common Clerk be authorized the sign the agreement. 5.10 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 376: Street Naming, Common Council amend the list of Official Street Names and approve the following change: Add the name voie East Point Way. 5.11 Refer to item 14.2. 5.12 That as recommended by the Commissioner of Finance: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time five million dollars ($5,000,000) to meet current expenditures of the Corporation for the year 2009; 2. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source. 5. That for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $12,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 7. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. 5.13 That as recommended by the Acting City Manager, Common Council schedule the public hearings for the rezoning applications of Jeff Sheppard / 511319 NB Ltd (54 Catherwood Street) and Hughes Surveys & Consultants Inc. (40 Forest City Street) for Monday, December 21, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation; and further that Common Council waive the $400 application fee for the proposed rezoning of 40 Forest City Street. Is 95-45 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 5.14 That as recommended by the Acting City Manager, the agreement authorized by resolution of Common Council adopted September 28, 2009 be amended as provided in the Amendment to Agreement of Purchase and Sale submitted with M &C 2009 — 373, and that the Mayor and Common Clerk be authorized to sign the said Amendment to the Agreement of Purchase and Sale. 5.15 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 382: General Specifications, Common Council adopt the submitted revisions to Division 2 — Instructions to Tenderers and Tendering Procedures of The City of Saint John General Specifications. 5.16 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 366: Contract number 2009 -21: Lancaster Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives: 1) Contract Number 2009 -21: Lancaster Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives be awarded to the low tenderer, The State Group Inc., at the tendered price of $751,450 as calculated based upon estimated quantities, and further that that Mayor and Common Clerk be authorized to execute the necessary contract documents; 2) Projects originally approved under the Watershed Protection category of the 2009 Water & Sewerage Utility Fund Capital Program be utilized as an offset for the $389,250 cost difference on the Lancaster Waste Water Treatment Facility Project. A $200,000 offset is to be provided from two design projects for dam structure rehabilitation that have been deferred to 2010 / 2011 programs and a $200,000 offset from the construction of facilities project for a total of $400,000. 5.17 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 331: Contract 2009 — 15: Watermain Cleaning & Lining, Phase 6 be awarded to the tenderer Alltech Solutions Inc., at a negotiated tender price of $1,313,075.82 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.18 That the submitted report entitled M &C 2009 — 374: Contract 2008 — 25: Glen Road and Simpson Drive Extension — Cross Culverts be received for information. 5.19 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 381: Beach Crescent / Meadowbank Drainage Basin: Storm System Improvements, the proposal of CBCL Limited for engineering services for the Beach Crescent / Meadowbank Drainage Storm System Improvements Project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.20 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 — 388: Infrastructure Funding Application —Westfield Road Reconstruction and Active Transportation Upgrade, Common Council authorize staff to make a revised submission for infrastructure funding in the amount of $3,960,000 for the Westfield Road Reconstruction and Active Transportation Upgrade Project (Phase 1), to be equally shared three ways, and that the submission also be forwarded to Federal and Provincial representatives under a covering letter from His Worship Mayor Court. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.8 Acquisition of Watershed Lands Brawley Lake and 5.11 Residential Infrastructure Assistance 54 Thornbrough Development Subdivision, which have been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Centraide du 16 novembre 2009 intitulee Appui du service d'incendie de Saint John a I'egard de la course « Rat Race » au profit de Centraide soit acceptee a titre informatif. M 95-46 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 5.2 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 390 : Regime de prestations de The City of Saint John, le conseil communal attribue le contrat relatif au regime de prestations de The City of Saint John aux fournisseurs de services suivants : AIG, Manuvie et Managed Health Care Services Inc., que I'avocat municipal soit charge d'examiner toute documentation exigee quant a la forme et au fond, et que le maire et la greffiere communale soient autorises a signer tous les documents contractuels exiges. 5.3 Que, comme le recommande le directeur general par interim, et pour faire suite a la demande du Comite consultatif du parc Rockwood, le conseil communal demande a la societe Saint John Energy de lui apporter un soutien financier ou en nature pour terminer ('installation des composants electriques et des dispositifs d'eclairage dans le cadre de la phase 2 du projet de reamenagement du parc Rockwood. 5.4 Que le rapport soumis intitule M/C 2009 — 371 : Seance informative publique relative aux travaux de modernisation du systeme d'egouts pluviaux de la rue Sea soit accepte a titre informatif. 5.5 Que, comme le recommande le directeur general par interim, The City of Saint John donne son consentement a la cession de bail de I'etal C1, afin que le contrat de location passe de 628926 NB Ltd. a 646534 NB Ltd. conformement au document soumis et que le maire et la greffiere communale soient autorises a signer toute documentation exigee afin de mettre en vigueur ledit consentement. 5.6 Que, comme le recommande le directeur general par interim, le conseil communal se procure un acces supplementaire au logiciel LaserFiche et au materiel connexe de la societe IKON Solutions, pour la somme de 42 850,73 $. 5.7 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 386 : Bail des espaces au marche municipal, The City of Saint John conclue un bail au marche municipal entre elle -meme et A Whale of a Cafe Inc. conformement aux modalites et aux conditions stipulees dans le bail joint, que le conseil communal procede aux premiere et deuxieme lectures de I'Arrete concernant le marche de The City of Saint John presente, modifiant I'article 5(2) afin d'ajouter les articles 5(2)p) et 5(2)q) relatifs a I'etal no D, et que le maire et la greffiere communale soient autorises a signer ledit bail et toute autre documentation requise afin de conclure ladite transaction. 5.8 Voir le point 14.1. 5.9 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 : Renouvellement du permis d'exploitation du centre communautaire Millidgeville, le conseil communal accepte la proposition des YMCA et YWCA visant a exploiter le centre communautaire Millidgeville, sous reserve des modalites indiquees dans le rapport et pieces jointes presentes, que I'avocat municipal soit autorise a rediger la documentation exigee et que le maire et le greffier communal soient autorises a signer ladite documentation. 5.10 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 376 : Attribution de nom de rue, le conseil communal modifie la liste des noms de rue officiels et approuve le changement suivant : I'ajout du nom de la voie East Point Way. 5.11 Voir le point 14.2. 5.12 Que, comme le recommande le commissaire aux finances: 1. le commissaire aux finances soit, par les presentes, autorise a emprunter, au nom de The City of Saint John (la « Corporation »), a la Banque Scotia (la « Banque »), a tout moment, par 1'entremise de billets a ordre, une somme ou des sommes qui ne peuvent depasser, chaque fois, cinq millions de dollars (5 000 000 $) afin de couvrir les depenses courantes de la Corporation pour I'annee 2009; 2. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le contr6leur ou les contr6leurs adjoints, soient autorisees par les presentes a signer au nom de la Corporation et a fournir a la Banque, a tout moment, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou les sommes empruntees avec interet au taux que la Banque determine periodiquement; 12 95-47 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 3. le commissaire aux finances soit, par les presentes, ordonne et autorise de presenter a la Banque, au moment de chaque emprunt et a tout autre moment juge opportun par la Banque, un releve indiquant la nature et le montant des recettes estimatives de I'annee courante qui n'ont pas encore ete perques ou, si le budget n'a pas ete adopte, un releve indiquant la nature et le montant des recettes estimatives de la Corporation etablies dans le budget adopte pour I'annee precedente et faisant etat egalement du total des sommes empruntees pendant I'annee courante et Ies annees precedentes qui Wont pas ete remboursees; 4. le commissaire aux finances soit, par Ies presentes, ordonne et autorise d'appliquer au paiement de toutes Ies sommes empruntees a la Banque, avec interets, Ies sommes perques ou reques en acompte ou realisees a 1'egard des taxes foncieres prelevees pour I'annee courante et pour Ies annees precedentes, et toutes Ies sommes perques ou reques de toute autre source; 5. aux fins de financement provisoire des depenses en immobilisations, The City of Saint John puisse negocier un contrat de credit renouvelable pour le financement provisoire des depenses en immobilisations jusqu'a concurrence de 12 000 000 $ et que le commissaire aux finances soit autorise a emprunter a la Banque une somme allant jusqu'au maximum fixe; 6. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le contr6leur ou le contr6leur adjoint, soient autorisees a signer au nom de la Corporation et a fournir a la Banque, a tout moment, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou Ies sommes ainsi empruntees avec interets au taux que la Banque determine periodiquement; 7. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le contr6leur ou le contr6leur adjoint, soient autorisees a signer au nom de la Corporation et a fournir a la Banque une ou plusieurs conventions, revetues du sceau de la Corporation, prevoyant le remboursement a la Banque de toutes Ies sommes devant titre versees par la Banque au titre de chaque billet a ordre de la Corporation garanti par la Banque avec interets au taux que la Banque determine periodiquement et le paiement d'une commission de garantie a 1'egard de chaque billet a ordre au taux que la Banque determine periodiquement. 5.13 Que, comme le recommande le directeur general par interim, le conseil communal fixe la date d'audiences publiques relativement aux demandes de rezonage de Jeff Sheppard /511319 NB Ltd. du 54, rue Catherwood et de Hughes Surveys & Consultants Inc. du 40, rue Forest City au Iundi 21 decembre 2009, a 19 h, dans la salle du conseil, que Ies demandes soient soumises au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et de recommandations, et que le conseil communal renonce a exiger Ies frais lies a la demande de rezonage du 40, rue Forest City, soit la somme de 400 $. 5.14 Que, comme le recommande le directeur general par interim, Ies changements soient apportes a 1'entente autorisee par la resolution du conseil en date du 28 septembre 2009 conformement a la version modifiee de convention d'achat -vente soumise avec le contrat n° M/C 2009 — 373 et que le maire et la greffiere communale soient autorises a signer Iadite modification. 5.15 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 382 : Specifications generales, le conseil communal adopte Ies changements proposes a la section 2 visant Ies directives relatives aux sou mission naires et aux procedures d'appel d'offres dans le cadre des specifications generales de The City of Saint John. 5.16 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 366 : 1) Le contrat n° 2009 -21 : Installation de traitement des eaux usees de Lancaster — Generatrice diesel autonome et mecanismes d'entrainement a frequence variable soit accorde au soumissionnaire le moins- disant, The State Group Inc., au prix soumissionne de 751 450 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 2) Les montants affectes aux projets approuves a l'origine en vertu de la categorie de la protection du bassin hydrographique dans le cadre du programme 13 95-48 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2009 financent la partie non couverte du projet d'installation de traitement des eaux uuses de Lancaster, soit la somme de 389 250 $. A titre compensatoire, I'apport d'une somme de 400 000 $ devra titre reparti comme suit: 200 000 $ affectes au financement des deux projets de conception relatifs a la rehabilitation de la structure du bassin, Iesquels ont ete reportes pour titre inclus dans Ies programmes pour Ies annees 2010 et 2011, et 200 000 $ pour le projet relatif a la construction d'installations. 5.17 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 331, le contrat n° 2009 — 15 : Nettoyage de la conduite d'eau principale et programme de revetement interieur — phase 6 soit accorde au soumissionnaire le moins- disant, Alltech Solutions Inc., au prix negocie de 1 313 075,82 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.18 Que le rapport soumis intitule M/C 2009 — 374 : Contrat n° 2008 — 25 relatif a ('installation de buses horizontales au chemin Glen et a la promenade Simpson soit accepte a titre informatif. 5.19 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 381 : Travaux de modernisation du systeme d'egouts pluviaux du croissant Beach, bassin versant Meadowbank, la proposition presentee par CBCL Limited relative aux services d'ingenierie visant le projet de modernisation du systeme d'egouts pluviaux du croissant Beach, bassin versant Meadowbank, soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.20 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 — 388 : Demande de financement de ('infrastructure — Refection du chemin Westfield et modernisation des transports actifs, le conseil communal autorise le personnel a presenter une soumission revisee relativement a un financement de ('infrastructure s'elevant a 3 960 000 $ pour le projet de refection du chemin Westfield et de modernisation des transports actifs (Phase 1), Iequel devra titre partage en trois parts egales, et que la soumission soit egalement transmise aux representants des gouvernements federal et provinciaux avec une Iettre d'accompagnement du maire Court. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.8, Acquisition du bassin hydrographique du lac Brawley et 5.11, Programme d'aide a l'infrastructure residentielle relativement au 54, Iotissement Thornborough Developments Ltd., qui ont ete selectionnes aux fins de discussions, soit adoptee. A I'issue du vote, la proposition est adoptee 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires 7. Proclamation The Mayor proclaimed December 1 st as World AIDS day 7. Proclamation Le maire declare le 1 er decembre 2009 Journee mondiale du sida. 14 95-49 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 10. Consideration of By -laws 10.1(a) Third Reading Zoning By -Law Amendment — 986 Manawagonish Road 10.1(b) Section 39 Conditions On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number CP 110 -126, A Law to Amend the Zoning By -Law of The City of Saint John ", rezoning a parcel of land located at 986 Manawagonish Road, having an area of approximately 900 square metres, also identified as a portion of PID number 00447052, from "R -2" One and Two Family Residential, to "R -4" Four Family Residential, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number CP 110 -126 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land located at 986 Manawagonish Road, having an area of approximately 900 square metres, also identified as a portion of PID number 00447052, be subject to the condition that the number of dwelling units at the above address be limited to a maximum of three. Question being taken, the motion was carried. On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that the by -law entitled `By -law Number CP 110 -126, A Law to Amend the Zoning By -Law of The City of Saint John ", rezoning a parcel of land located at 986 Manawagonish Road, having an area of approximately 900 square metres, also identified as a portion of PID number 00447052, from "R -2" One and Two Family Residential, to "R -4" Four Family Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, `By -law Number CP 110 -126, "A Law to Amend the Zoning By -law of The City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture de la modification de I'arrete de zonage visant le 986, chemin Manawagonish 10.1 b) Conditions imposees par I'article 39 Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete n° C.P. 110- 126 modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 986, chemin Manawagonish, d'une superficie approximative de 900 metres carres et inscrite sous le NID 00447052, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse l'objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -126 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surPurbanisme, I'amenagement propose d'une parcelle de terrain situee au 986, chemin Manawagonish, d'une superficie d'environ 900 metres carres et inscrite en partie sous le NID 00447052, soit assujetti a la condition selon laquelle le nombre de Iogements soit limite a un maximum de trois. A ('issue du vote, la proposition est adoptee. 15 95 -50 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C. P. 110- 126 modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 986, chemin Manawagonish, d'une superficie approximative de 900 metres carres et inscrite sous le NID 00447052, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse l'objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no C.P. 110 -126 modifiant I'Arrete de zonage de The City of Saint John ». 10.2 Third Reading — Proposed Amendment to the Parking Meter By -law Christmas Courtesy Voucher Program On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the by -law of The City of Saint John entitled `By -Law Number M -7, A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Section 14 with respect to the Christmas Courtesy Voucher Program, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -7, a By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", was read in its entirety. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that the by -law entitled `By -Law Number M -7, A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Section 14 with respect to the Christmas Courtesy Voucher Program, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -7, a By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ". 10.2 Troisieme lecture du projet de modification de I'arrete concernant les parcometres — Programme de coupons de courtoisie de Noel Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que 1'arrete de The City of Saint John intitule « Arrete no M -7, modifiant I'Arrete concernant les zones de stationnement et ('utilisation des parcometres et des horodateurs », modifiant I'article 14 relativement au programme de coupons de courtoisie de Noel, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant les zones de stationnement et ('utilisation des parcometres et des horodateurs » est lu integralement. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU que 1'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant les zones de stationnement et ('utilisation des parcometres et des horodateurs », modifiant I'article 14 relativement au programme de coupons de courtoisie de Noel, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. 16 95 -51 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete n° M -7, modifiant I'Arrete concernant Ies zones de stationnement et l'utilisation des parcometres et des horodateurs ». 11. Submissions by Council Members 11.1 Taxation Review Committee (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that Council establish a Taxation Review Committee and appoint seven citizens, four councillors and appropriate city staff to review, study and report to Council with respect to taxation and spending by the City, and to make recommendations as to whether tax cuts are achievable given the current and future commitments of The City of Saint John, while at the same time enhancing quality of life and aggressively pursuing prosperity, all with a goal of assessing the fairness and appropriateness of the current tax level as well as offering comment on what a fair and appropriate tax level for our citizens might be on a go forward basis, and further, that the committee be in place and that a report be prepared by May 2010. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Comite de revision de l'imp6t foncier (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que le conseil etablisse un Comite de revision de l'imp6t foncier et nomme sept citoyens, quatre conseillers et le personnel competent de la Ville en vue d'examiner, d'etudier et de rapporter devant le conseil toutes Ies questions se rapportant a l'imp6t et aux depenses realisees par la Ville. Ledit Comite devra faire des recommandations, a savoir s'il est possible de mettre en place des reductions d'imp6t ou pas compte tenu des engagements presents et futurs de The City of Saint John. II devra en meme temps promouvoir la quality de vie et rechercher activement la prosperity tout en evaluant la justesse et la pertinence du niveau d'imposition actuel. Le Comite devra egalement donner son avis sur ce qui pourrait faire que le taux d'imposition, a partir de maintenant, devienne acceptable et juste pour nos citoyens. II est en outre resolu que le Comite soit mis en place et qu'un rapport soit redige d'ici a mai 2010. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 69 -75 Dorchester Street and 29 -47 Sewell Street 9.1(b) Planning Advisory Committee Report Recommending Re- Zoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 69 -75 Dorchester Street and 29 -47 Sewell Street, having an area of approximately 3340 square metres, also identified as PID numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604, from "RM -1" Three Storey Multiple Residential to "B -2" General Business with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its November 17th, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 69 -75 Dorchester Street and 29 -47 Sewell Street as described above. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. 17 95 -52 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 69 -75 Dorchester Street and 29- 47 Sewell Street, having an area of approximately 3340 square metres, also identified as PID numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604, from "RM -1" Three Storey Multiple Residential to "B -2" General Business, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 69 -75 Dorchester Street and 29 -47 Sewell Street, having an area of approximately 3340 square metres, also identified as PID numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604, from "RM -1" Three Storey Multiple Residential to "B -2" General Business, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay Read a second time by title, the by -law entitled, "A Law to Amend the Zoning by -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant les 69 -75, rue Dorchester et les 29-47, rue Sewell 9.1 b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage Le greffier communal adjoint indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 3 340 metres carres situee au 69 -75, rue Dorchester et au 29 -47, rue Sewell, inscrite sous les NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, afin de la faire passer de zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 » et qu'aucune objection n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 17 novembre 2009, a laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 69 -75, rue Dorchester et au 29 -47, rue Sewell, telle qu'elle est decrite ci- dessus. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 3 340 metres carres situee au 69 -75, rue Dorchester et au 29 -47, rue Sewell, inscrite sous les NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, afin de la faire passer de zone residentielle d'immeubles a 1111 95 -53 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 logements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 3 340 metres carres situee au 69 -75, rue Dorchester et au 29 -47, rue Sewell, inscrite sous Ies NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, afin de la faire passer de zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 », fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2 (a) Proposed Zoning By -Law Amendment 347 -351 Main Street 9.2(b) Planning Advisory Committee Report recommending rezoning with Section 39 Conditions. The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 347 -351 Main Street, having an area of approximately 730 square metres, also identified as PID number 55180608, from `BR" Business Residential, to `B -2" General Business with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its November 17th, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 347 -351 Main Street, as described above with Section 39 Conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Brian Mosher, speaking on behalf of the applicant, indicating that he and his client are in agreement with the staff report and recommendations. On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 347 -351 Main Street, having an area of approximately 730 square metres, also identified as PID number 55180608, from "BR" Business Residential, to `B -2" General Business, be read a first time. Question being taken, the motion was carried Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 347 -351 Main Street, having an area of approximately 730 square metres, also identified as PID 19 95 -54 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 number 55180608, from "BR" Business Residential, to "B -2" General Business, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning by -Law of The City of Saint John." 9.2a) Projet de modification de I'Arrete de zonage visant les 347 -351, rue Main 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 Le greffier communal adjoint mentionne que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 730 metres carres, situee au 347 -351, rue Main, inscrite sous le NID 55180608, afin de faire passer la classification s'y rapportant de zone residentielle commerciale « BR » a zone commerciale generale « B -2 » et qu'aucune objection n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 17 novembre 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 347 -351, rue Main, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Brian Mosher, au nom du demandeur, indique que son client et lui -meme sont d'accord avec le rapport et les recommandations du personnel. Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 347 -351, rue Main, d'une superficie d'environ 730 metres carres et portant le NID 55180608, pour faire passer la classification s'y rapportant de zone residentielle commerciale « BR » a zone commerciale generale « B -2 », fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 347 -351, rue Main, d'une superficie d'environ 730 metres carres et portant le NID 55180608, pour faire passer la classification s'y rapportant de zone residentielle commerciale « BR » a zone commerciale generale « B -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 8. Delegations /Presentations 8.0 Results of the City of Saint John Citizen Survey — Ipsos Reid Stephanie Rackley- Roach, Corporate Program Manager, informed Council that the purpose of the presentation was to outline the results of a citizen survey that was designed and conducted by Ipsos Reid on behalf of The City of Saint John. 20 95 -55 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 Heather Schube, Vice President of Ipsos Reid, presented the results of The City of Saint John 2009 Citizen Survey and she responded to questions from Council members. 8. Delegations et presentations 8.0 Resultats du sondage mend aupres des citoyens de The City of Saint John — Ipsos Reid Stephanie Rackley- Roach, gestionnaire de programmes administratifs, indique au conseil que cette presentation vise a mettre en evidence les resultats de 1'enquete realisee et menee par Ipsos Reid a la demande de The City of Saint John. Heather Schube, vice- presidente d'lpsos Reid, presente les resultats du sondage 2009 mend aupres des citoyens de The City of Saint John et repond aux questions posees par les membres du conseil. 8.1(a) Fire Underwriters Survey Grading Report— Risk Management Services 8.1(b) Fire Service Review— Fire Chiefs Report The Fire Chief thanked Council for the opportunity to conduct a fire services review of The City of Saint John and he introduced the following technical review advisors: Sean Tracey, Canadian Director — National Fire Protection Association; Frank Sabo, Director of Risk Management Services Inc.; John Terry Redden, Loss Control Specialist — Fire Underwriters Surveys; Dr. Tushar Pishe, Medical Director - Department of Emergency Medicine, Saint John Regional Hospital; and Benoit Laroche, Fire Marshall for the Province of New Brunswick. Referring to a submitted report and presentation, Mr. Redden updated Council with respect to the Fire Underwriters Survey for The City of Saint John and he responded to questions from Council members. Referring to a submitted report and presentation, The Fire Chief presented the results of the Fire Services review and he responded to questions from Council members. Responding to a question from Council, Dr. Pishe stated that due to the fact that the Fire Department acts as a first responder to medical calls, the likelihood of survival from a heart attack and other emergency calls has been significantly increased. Mr. Tracey and Mr. Laroche responded to questions from Council. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with Councillor Farren voting nay Responding to a question regarding how the Fire Department's budget could be reduced without impacting services, the Acting City Manager stated that a specific response could not be given until after budget meetings take place amongst senior staff. Mr. Woods explained that he would like to aggressively examine the potential of increasing the revenue generated by the Fire Department for specific services it provides prior to considering potential service cuts which could adversely affect the community. 8.1a) Rapport de classement du sondage des assureurs contre les incendies — Services de gestion des risques 8.1b) Etude des services d'incendie —Rapport du chef du service d'incendie Le chef du service d'incendie remercie le conseil pour lui avoir permis de mener une etude des services d'incendie de The City of Saint John et it presente les conseillers techniques en charge de 1'etude : Sean Tracey, directeur regional (Canada) — National Fire Protection Association (NFFPA); Frank Sabo, directeur de Risk Management Services Inc.; John Terry Redden, specialiste en controle des pertes — Sondage des assureurs contre les incendies; Dr Tushar Pishe, directeur medical — Unite de medecine d'urgence, Hopital Regional de Saint John; et Benoit Laroche, prevot des incendies pour la province du Nouveau - Brunswick. 21 95 -56 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 Faisant reference a un rapport et a une presentation anterieurs, M. Redden informe le conseil sur le sondage des assureurs contre les incendies pour The City of Saint John, puis repond aux questions des membres du conseil. Faisant reference a un rapport et a une presentation anterieurs, le chef du service d'incendie presente les resultats de 1'etude des services d'incendie, puis repond aux questions des membres du conseil. En reponse a une question posee par le conseil, le Dr Pishe declare que le fait que le service d'incendie soit le premier a repondre aux appels medicaux a permis d'augmenter de fagon significative les chances de survie dans le cas d'une attaque cardiaque ou d'autres cas d'urgence. M. Tracey et M. Laroche repondent aux questions du conseil. Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A I'issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. En reponse a une question posee, a savoir comment le budget du service d'incendie pourrait titre reduit sans que cela n'entrave la qualite des services, le directeur general par interim precise qu'une reponse precise ne pourra titre fournie qu'une fois que les cadres superieurs se seront reunis pour discuter du budget. M. Woods indique qu'il souhaiterait examiner en profondeur la possibilite d'augmenter les recettes du service d'incendie pour certains des services qu'il fournit avant d'envisager une reduction de services, Iaquelle pourrait nuire a la collectivite. The following items were forwarded to the Council meeting of December 7, 2009: 8.2 Saint John Heritage Development Board 11.2 Simms Corner Transportation Enhancement Project (Councillor McGuire) 12.1 Common Clerk: Resolution regarding Council's Municipal Plan Committee 12.2 Commissioner of Finance: 2010 Assessment Base Impact 13.1 Committee of the Whole: Recommended Appointments to Committees 14.1 Acquisition of Watershed Lands Brawley Lake 14.2 Residential Infrastructure Assistance 54 Thornbrough Development Subdivision Les points suivants sont reportes a la seance du conseil du 7 decembre 2009. 8.2 Conseil d'amenagement du patrimoine de Saint John 11.2 Projet d'amelioration relatif au transport — coin Simms (conseiller McGuire) 12.1 Greffiere communale : Resolution concernant le Comite pour le plan municipal du conseil 12.2 Commissaire aux finances : Repercussions sur I'assiette de calcul pour 2010 13.1 Comite plenier : Recommandations de nominations pour sieger aux comites 14.1 Acquisition du bassin hydrographique du lac Brawley 14.2 Programme d'aide a l'infrastructure residentielle relativement au 54, Iotissement Thornborough Developments Ltd. 22 95 -57 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMEBER 23, 2009 /LE 23 NOVEMBRE 2009 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 15. Mayor /maire Common Clerk/greffiere communale 23 1. alt!. C 0 N S E I L As Secretary of the Saint John Community Arts Board, I have been instructed D'ADMINISTRATION to write to you regarding vacancies and nominations on the Board. There are ICZ, currently thirteen (13) members, serving on a volunteer basis, on the Saint DES AFIFI 14".1 John Community Arts Board, but after December 31s', 2009, this will change de la communaut:6 significantly as six (6) members" terms expire. The Board may comprise up to de Saint John fifteen (15) members. chair / Pr6sident Below is a list of Board members with terms expiring on December 31 5t, 2009: Michael Wennberg trice - chair/ vice - president Mich6le C. Brideau: Recommended for reappointment David Adams Saint John String Quartet She has completed her 3-year term, but is willing to serve another 3-year term, if appointed by Common Council. The Board would support her 2nd vice- Chair/ Vice-pr6sident reappointment, Dr. Robert MacKinnon Vice-President, UNB Saint John Secretary / Secr6taire Peter Buckland: Not eligible for reappointment Bernard J. Cormier A founding member of the Board. He has completed two consecutive Cultural Affairs Officer, City Hall 3-year terms (a total of almost 7 years of service) and is not eligible for Anne Bardou reappointment. Parks Canada Mich4le C. Brideau Philip Huggard: Not eligible for reappointment Mich&le C. Brideau Consulting Ltd. A founding member of the Board. He has completed two consecutive Peter Buckland 3-year terms (a total of almost 7 years of service) and is not eligible for Peter Buckland Gallery reappointment. Councillor Patty Higgins City of Saint John Andrea Scott: Not eligible for reappointment Philip Huggard Gothic Arches A founding member of the Board. She has completed two consecutive 3-year terms (a total of almost 7 years of service) and is not eligible for Jason MacLean reappointment. Yoga Outlet Andrea Scott Port City Dance Academy Janet Scott: Not eligible for reappointment Janet Scott A founding member of the Board. He has completed two consecutive Enterprise Saint John 3-year terms (a total of almost 7 years of service), and is not eligible for Kate Wilcott reappointment. InterAction Children's Theatre Co. Dr. Li -Hong Xu Michael D. Wennberg: Recommend he stay on the Board one year as Physics Dept., UNB Saint John Immediate Past Chairman A founding member of the Board. He has completed two consecutive 3- ,address year terms (a total of almost 7 years of service). He has also served as the P.O. Box ohn / , NB / C.P. 19N-7B E21 1L S ai nt J 4LI Board's Chair since its creation in February 2003. The Board (506) 649-6040 recommends Mr. Wennberg remain on the Board for an additional year, as Fax (506) 632-6118 Immediate Past Chair, to provide continuity and to assist the new Chair sjcab@saintjohn.ca when required. Logo based on City Hall sculpture "Progression" by .../2 Claude Roussel, CM, ONB, RCA 24 a We would like to request Council's deepest consideration in appointing the following individuals to the Saint John Community Arts Board, for a three year term, to fill some of the existing vacancies: o Steve Carson — General Manager Enterprise Saint John, 40 King Street, Saint John, NB o Signe Gurholt — Communications Instructor New Brunswick Community College, Saint John 9 Paddock Street, Saint John, NB o Stephen Tobias —Artistic Director Saint John Theatre Company, 112 Princess Street, Saint John, NB These individuals have each agreed to allow their names to stand for nomination and to voluntarily serve on the Board if appointed by Council. They come highly recommended to Council by the members of the Saint John Community Arts Board, and will also help to maintain the balanced representation required on our Board by representing the important diversity of our city, the business sector, the arts community, the field of education, etc. It is our hope that these appointments will be made at Council's earliest convenience, so that the two proposed continuing members and these three new individuals may begin serving their mandates as soon as possible in the New Year. So, to summarize, we are requesting that Common Council... 1. Appoint three new members to the Board, as named above-, 2. Reappoint Mich&le Brideau to the Board for another 3-year term; 3. Allow Michael D. Wennberg a 1-year extension to continue on the Board as Immediate Past Chairman. We look forward to Council's action in this matter. Yours truly, Bernard J. Cormier Secretary 649-6040 cc- Mr. Michael D. Wennberg, Chair Mr. David Adams, Vice-Chair 25 Common Council City of Saint John City Hall, 81h Floor 15 Market Square P.O. Box 1971 Saint John, NB E21L 41-1 December 7th 2009 I wish to commend the City of Saint John under the Guidance of Mayor Ivan Court for supporting the move of the West Side Food Bank to Carleton Community Center. The majority of persons classed as living in poverty who live in West Saint John, live in the lower portion of the West Side and rely on Food Banks to enable them to the live in acceptable conditions. The relocation of the Food Bank from the former Dr. Roberts Hospital premises off Sand Cove Road is a positive step. It enables more people to be within walking distance of the new Food Bank location and there are better transportation facilities for those who need transportation. Much as some may feel there should be other remedies to help the needy besides Food Banks and do not support food banks, such remedies have not been developed. Until then Food Banks are needed to help many citizens including single mothers and senior citizens. Congratulations to the City in its action and to those who contribute to the supplies needed for food banks. 26 Yours truly, Robert Teed 161 Queen St. West, E2M 2C5 Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrwy 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672-6856 Non-Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Tel: (506) 632-0096 Mayor, Ivan Court and other Members of Common Council City of Saint John City Hall, 8' Floor December 14", 2009 15 Market Square P.O. Box 1971 Saint John, NB E2L 41-1 Dear your Worship and members of Council, I 0a The City has promoted the establishment of blood services in the Saint John area through the Canadian Blood Services or if it does not provide such through other fir-NTITM Former City Councillor Ken Gould is the second person in Canada to reach with sanitation matters. It would seem appropriate that Council recognize this public service by creating both of these citizens a Freeman of the City. This would encourage others to give blood donations in that it shows the City 111011211112 1111911 M Regards, 27 73 Boyaner Crescent Saint John, NB E2J 4C8 December 15, 2009 Mayor Court & Common Council PO Box 1971 Saint John NB E2L4L1 Re: Winter Parking Ban This letter is in support of the proposed parking ban exemption of which I recently read in the newspaper. This seems to be a very good idea on streets where there is limited driveway parking. I live in east Saint John, where the city some thirty plus years ago , allowed a subdivision to be built with lot sizes 40'x100' with a 40' frontage. (Most trailer park lots today are larger than that,) Most of these properties have shared driveways. Some will accommodate one car while others may accommodate two. A lot of households in this area have anywhere from one to four vehicles. The extra vehicles have always parked on the street, so you can see with this winter parking ban, a very real problem exists. We have had to park one vehicle on our front lawn for the past month. Needless to say, the lawn is being ruined, not to mention what going over the curb twice daily is doing to the tires and underside of the vehicle.. A neighbour was kind enough to allow one = in her yard for awhile until a problem arose. Another kind neighbour has allowed us to use her extra space for now. I don't know how long this arrangement will last. This is often inconvenient for her, as cars often have to be jockeyed around depending on when people leave for work or return at night, etc. It seems that the only time there is a problem with on-street parking is when there is a snow storm and the subsequent plowing or clean-up afterwards. Perhaps if the ban were only for those times, neighbors would be more willing to allow parking in their extra space. The inconvenience would be for a limited time , only, rather than for five months of the year. Perhaps it could be called a snow parking ban rather than a winter parking ban. I would welcome having an exemption so we would only have to find alternate parking during snow storms and plowing times. I know that you have many important issues to deal with but this is a very important and real issue for me and many other citizens of the city of Saint John. Please reconsider this winter parking ban and allow parking exemptions or make it a snow parking ban. Five months is a long time to find alternate parking and I still want to be friends with my neighbors when the winter is over. I have never written to the city of Saint John before and I am sure that many other citizens have not either but how loud will they speak at election time? Thank you for your kind consideration to this matter. Yours truly, Gail Douthwright 28 29 M & C — 2009 — 404 December 15, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 34 -36 Jean Street, 172 -176 Beacon Street and 40 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 full applications are available in the Common Clerk'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 Glaspy Bros. Ltd. Glaspy Bros. Ltd. 34 -36 Jean Street 172 -176 Beacon Road stm "R -2" "R -4" To permit a four - family dwelling "R -4" To permit a three - family dwelling North Star Holdings 40 Mountain View "RM -2" Section 39 To permit a Ltd. Drive & "R -2" Amendment revised proposal Report to Common Council RECOMMENDATION: Page 2. That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Glaspy Bros. Ltd. (34 -36 Jean Street and 172 -176 Beacon Street) and North Star Holdings Ltd. (40 Mountain View Drive) for Monday, January 18, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager KF /r IE REPORT TO COMMON COUNCIL M & C — 2009 -410 18 December 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Lighting Skate Park BACKGROUND: } City of sent John In 2007 the City of Saint John initiated a phased project for the constrict of a Skate Park to be located on Station Street. Funds from various sources were made available to the City for the completion of this project. The final element of this project is the fabrication, supply and installation of lighting. Tenders for this purpose closed on Wednesday December 16, 2009 with 3 companies responding by submitting bids. ANALYSIS: The following is a list of the bidders and the prices each offered; O'Brien Electric $44,900.00 Saint John Roadway Systems Ltd $66,900.00 Moncton Design Electric Inc $71,250.25 Rothesay • Taxes are extra to the bid prices 32 Page Two ANALYSIS....Cont'd; Staffs of Leisure Services and Materials Management have reviewed the tender submitted by the lowest bidder and have found it to be complete in every regard. FINANCIAL IMPLICATIONS: If awarded as recommended, to the lowest bidder, the total cost to fabricate, supply and install new lighting to the Skate Park, Station Street, will be $44,900.00 plus tax. This project is an integral part of the overall Skate Park and as such the majority fiinds to cover the cost are available from the remainder of the 2007 contributions. The shortfall between what remains of the initial project fiinding and the total cost of this job, approximately $10,000.00, can be covered through savings already realized from projects included in the 2009 Leisure Services Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by O'Brien Electric Co. Ltd., in the amount of $44,900.00 plus tax, for the fabrication, supply and installation of new lighting in the Skate Park, Station Street, be accepted. Respectfully submitted, r0i 6,-^ David J. Logan Purchasing Agent Patrick Woods Acting City Manager 33 M & C — 2009 - 405 December 18, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Route 1 and Highway 7 Interchange Improvement Land Acquisition by NB Transportation of City Land PID 55166748 BACKGROUND: New Brunswick Transportation has approached Real Estate staff and informed that it will be undertaking an upgrade of the ramp from Route 1 onto Hwy 7 North. This project will require acquisition by the province of City land known as PID 55166748, illustrated as parcel 09 -03 on the NB Department of Transportation preliminary plan 4 11 -1 -0063 attached hereto. New Brunswick Transportation is proceeding with the expropriation process for the lands it requires for this project, in the event that all such land requirements are not acquired from the various landowners in a timely fashion. While that process is happening NB Transportation have stated that they would be willing to offer to purchase PID 55166748 from the City for $3,115.00 should the City be willing to do a voluntary transaction instead. The City land in question is designated Land for Public Purposes. It was taken by the City in 2004 to provide a buffer zone between the highway and the future adjacent residential development. ANALYSIS: NB Transportation has stated that they would be prepared to offer the City $3,115.00 for the subject land. Because the land is designated as Land for Public Purposes, if Common Council wishes to pursue a negotiated sale of the land, it would have to refer it to P.A.C. 34 Report to Common Council Page 2 December 18, 2009 If P.A.C. then recommends in favour of divesting the land from Lands for Public Purposes, P.A.C. would so advise Common Council. Common Council could then accept an offer from NB Transportation to purchase this land from the City. Staff is not entirely satisfied with the price proposed by NB Transportation staff. The proposed offer of $3,115.00 is less than the $3,700.00 assessed value of the property. There is therefore a benefit to the City under expropriation in that the property's value would be established by appraisal at the province's cost. Given that: 1) The land is a buffer, 2) The cost to the City of proceeding to dispose of Land for Public Purposes (P.A.C. costs), 3) The proposed offer is less than its assessed value, 4) NB Transportation is proceeding with the expropriation process anyway, City staff is not prepared to recommend acceptance of the NB Transportation proposed offer. RECOMMENDATION: 1. That The City of Saint John inform NB Transportation to proceed with the acquisition of PID 55166748 by expropriation, Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments PNV P 35 J. Patrick Woods, C.G.A. Acting City Manager. Planning and Development Real Estate Services ago �m �m mo � � Pd �P 11 D�ft �i�1fdi'Sim x9a 10 4 �1 mmVA eg � .p a l $°Ifi, Route # ] Service New Brunswick qm� xi^n ru.,.....,�.._e.......,.,: ,� Map Scale 1 tchelle cartographique 1 : 2215 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 size, 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. N A Mme si cette carte n'est peut -€tre pas libre de toute erreur ou omission, toutes les pr6cautions ont W prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caract6re officiei et ne doit donc pas servir ;N la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou dA7sa superficie. rr _1 I pill RxA r' M5 Ell MOIL 0 \ \ �I e WOO ie�ieeeee6iieee 'fie �p w owl gft" �rrrrrarrrarger p g• . a ➢iSiWI azIIli s 1 11 I I�II�iIII I Er��I I� , Pu� I� - �a r �.. oprp��` I pill En LIMON M & C 2009 - 400 December 8, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2009 -30: Sea Street Storm System Improvements Phase I BACKGROUND It Im This Contract consists of a project that is approved in the 2009 General Fund Capital Program for the implementation of local drainage improvements to the storm system in the Sea Street area. The work consists generally of the supply of all necessary labour, material, and equipment for the installation of 120m of 600mm/750mm storm sewer on Sea Street from Seal View Lane to the Bay of Fundy. TENDER RESULTS Tenders closed on December 2, 2009 with the following results: 1. Brad Gould Tricking & Excavating Ltd., Nauwigewauk, NB $ 111,390.88 2. Galbraith Constriction Ltd., Saint John, NB $ 112,355.22 3. Maguire Excavating Ltd., Saint John, NB $ 126,95437 4. H.E. Merchant and Sons Ltd., St. George, NB $ 127,562.31 5. Gulf Operators Ltd., Saint John, NB $ 136,741.86 6. Fairville Constriction Ltd., Saint John, NB $ 136,916.45 7. L. Halpin Excavating Limited, Saint John, NB $ 156,846.49 The Engineer's estimate for the work was $130,325.16. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. IE M &C 2009 -400 December 8, 2009 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 General 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 $250,000 was provided in the budget and that the projected completion cost of the project included in the contract is estimated to be $188,422.45, including the City's eligible H.S.T. rebate, a $61,577.55 positive difference in the General Fund Capital Program. 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 Contract No.2009 -30: Sea Street Storm System Improvements Phase I, be awarded to the low tenderer, Brad Gould Tricking & Excavating Ltd., at the tendered price of $111,390.88 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 40 M & C 2009 — 406 December 15, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, sm SUBJECT: Contract No. 2008 -41: Simms Corner Phase I: Fairville Boulevard - Catherwood Street to Lancaster Mall Entrance PURPOSE The purpose of this report is to update Council on the status of the 2008 Simms Corner Phase L Fairville Boulevard - Catherwood Street to Lancaster Mall Entrance project and the additional costs incurred. BACKGROUND Contract 2008 -41 consists of projects that were approved under the 2008 General Fund Capital Program (M &C 2008 -188) and the 2009 Water and Sewerage Utility Fund Capital Program (M &C 2009 -89) as follows: 1. Reconstruction of Harding Street and Lancaster Mall Intersection, 2. Reconstruction of roadway on Fairville Boulevard between Catherwood Street and Lancaster Mall, 3. Reconstruction of the Catherwood Street — Fairville Boulevard intersection including new traffic lights and enhanced pedestrian access, 4. Reconstruction of the storm sewer on Fairville Boulevard between Catherwood Street and Lancaster Mall, 5. Reconstruction of the watermain under the Catherwood Street — Fairville Boulevard intersection, 6. Constriction of a new underground utility vault at the Catherwood Street — Fairville Boulevard intersection and 7. Constriction of a new sanitary sewer on Fairville Boulevard between Catherwood Street and Lancaster Mall. Common Council, at its meeting of May 11, 2009, awarded Contract 2008 -41 (M &C 2009 -134) to Galbraith Constriction Ltd. at a tender amount of $2,815,958.19. 41 M & C 2009 - 406 December 15, 2009 Page 2 ANALYSIS The majority of work under Contract 2008 -41 has been completed. The final quantities and summary of change orders are being finalized between the City and the contractor. The change orders and variations in quantities are presented as follows: Change Orders associated with re- laying pipe and $70,361.27 resetting storm manhole, grouting unexpected abandoned pipes, constricting a temporary traffic lane on the southwest corner of the intersection and relocating an underground electrical vault access cover. 2. Change orders associated with reconditioning $59,435.26 aluminum lighting poles, relocating an Enbridge Gas main and items not covered in the schedule of Quantities and Unit rates such as service piping, asphalt tack and geotextile. 3. Variation in Quantities associated with increased $175,538.23 asphalt tonnage, increased concrete for median barrier and curb and gutter, and landscaping. Total Change Orders and Variation in Quantities: $305,334.76 Minus: Contingency Allowance: - $136,840.00 Net Additional Cost: $168,494.76 COST SUMMARY Original Contract Value: $2,815,958.19 Minus Contingency Allowance: -$ 136,840.00 Value of Original Estimated Work: $2,679,118.19 Summary of Change Orders: +$ 129,796.53 Variations in Quantities: +$ 175,538.23 Estimated Final Contract Value: $2,984,452.95 The estimated final contract value based on final quantities and change orders is $2,984,452.95. The difference between the final contract value and the original tendered price is $168,494.76 ($2,984,452.95 — $2,815,958.19). The approved budget under the 2008 General Fund and the 2009 Water and Sewerage Utility Fund Capital Program totals $2,835,000.00. 42 M & C 2009 - 406 December 15, 2009 Page 3 The estimated final constriction cost for this project including staff resources, design/constriction management fees and after considering the City's eligible HST rebate is $2,769,442.94, a negative difference of $82,637.84 ($2,502,637.84 - $2,420,000.00) in the 2008 General Fund Capital Program and a positive difference of $148,194.90 ($415,000.00 - $266,805.10) in the 2009 Water and Sewerage Utility Fund Capital Program. The difference in the 2008 General Fund Capital Program can be managed within the overall program envelope. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 43 M &C 2009 — 411 December 17, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Renewal of Water Supply Agreement — Musquash Watershed BACKGROUND N, The dly t,f Safitt loom, The City of Saint John has an agreement with the Province of New Brunswick to draw water from the Musquash Watershed management area. The original agreement, dating back to January 1, 1978 allows the City to draw up to 38 million imperial gallons per day for supply to industrial, domestic and commercial users. This water is required to supplement the Spruce Lake Watershed for approximately a two to three month period each year. Only that volume required to maintain supply in sufficient quantities to customers (Irving Pulp & Paper, Irving Paper and Coleson Cove) is drawn from the system. Factors that affect the required volume to be drawn include weather conditions and balancing of supply requirements between east and west systems related to shut -downs for maintenance and repairs. The City has received an offer dated December 16, 2009 from the Department of Natural Resources (copy attached) to extend the current agreement to December 31, 2010. ANALYSIS The original 1978 agreement set a rate to enable the Minister of Natural Resources to recover costs to properly reflect the administrative and operational costs for the supply of water from the watershed over a 21 year period — ending December 31, 1998. Rates have changed over the years as noted in the following table. Period Rate per 1,000 im eria gallons January 1, 1978 to December 31, 1980 $0.015 January 1, 1981 to December 31, 1999 $0.020 January 1, 2000 to December 31, 2000 $0.037 January 1, 2001 to June 30, 2003 $0.038 July 1, 2003 to December 31, 2005 $0.040 January 1, 2006 to December 31, 2008 $0.042 January 1, 2009 to December 31, 2009 1 $0.044 44 Page 2 Renewal of Water Supply Agreement - Musquash Watershed M &C 2009- 411 The Department of Natural Resources continues to contemplate transferring the Musquash generating station and the obligation to operate and maintain the dams and reservoirs to NB Power. It is expected that the transfer to NB Power will also include an assignment of the agreement regarding Musquash water supply between the Minister of Natural Resources and the City of Saint John. While negotiations continue, the Department of Natural Resources wishes to extend the original 1978 Agreement between the City of Saint John and the Minister of Natural Resources to December 31, 2010 subject to the following. The Province does not guarantee the supply cif irater in the event of:• - a fazhu'e an any component of the irater retention and irater delivery igfl'astructure in the Musquash watershed, or - the need to draw down the reservoirs or shut off the irater supply for reasons of public safety, • the charge fog' the irater frill remain at SO. 044 1, 000 imperial gallons fog' this term, and • the parties to the agreement reserve the fight to terminate of tran#Lr the agreement, upon giving each other at least three months irritten notice. All other terms and conditions remain the same. FINANCIAL IMPLICATIONS The required water withdrawal from the Musquash watershed varies each year but averages around 1.85 billion gallons annually. At the rate of $0.044/1000 imperial gallons, the annual funds required for the supply of water from the Musquash Watershed is approximately $81,400 per annum. The 2010 draft Water and Sewerage Utility operating budget includes funding provision for the estimated withdrawal from the Musquash watershed. RECOMMENDATION It is recommended that Common Council authorize the extension of the agreement to draw water from the Musquash Watershed in accordance with the attached; and that the Mayor and Common Clerk sign the appropriate documents. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering 45 J. Patrick Woods, CGA Acting City Manager B New'AA' rUn WNquveia& C A N A D A December 16, 2009 File No. 623 03 0004 Mr. Patrick Woods Acting City Mwiagor City of Saint John P.O. Box 1971 Saint John, NB E2L 4LI Dear Mr. Woods: Re: Water Su 1v Agreement As you are aware, the Department is contemplating transferring the Musquash generating station along with the obligation to look after the operations and maintenance of the m dams and reservoirs to N. Power. It is expected that the transfer to NB Power will also include the agreement regarding Musquash water between the Minister of Nat'Ural ReSOLLrces and the City of Saint John, It is our understanding that you are haying discussions with NB Power in this regard. While the negotiations are taking place, we would like to extend the 1978 agreement between the City of Saint John and the Minister of Natural Resources to December 31, 1, 2010, subject to the following: a the"Province does not guarantee the supply of water in the event of- a F464xe in any component of the water retention and water delivery infrastructure, in the Musquash watershed, or the need to draw down the reservoirs or shut off the water supply for reasons of repair and maintenance or public safety, • the charge for water will remain at $0,044/1000 imperial gallons for this terns, and * the parties to the agreement reserve- the right to terminate or transfer the agreement, upon givin1:2 g each other at least three months notice, Natural Resources/ mources naturelle5 RO.Box/C.P.6000 Fredekton lqewBrunswlck/Nouveau-Bruiiswlck E3B5H1 Canada ME ... /' wwvv.gnb.ca Mr. Patrick Woods December 16, 2009 Page 2 If you a-0 ree with this proposal, please have the appropriate, City Official sign the attached and .return both copies for the Minister's signature. One original copy will be forwarded to you for your records. Yours truly, Jai t Higgins ssist�mmt Deputy Minister CW/ Enclosure C.c: Paul Groody, City of Saint John Peter MacNutt, Director, Crown Lands Branch 47 EXTENSION OF THE JANUARY 1978 AGREEMENT BETWEEN THE PROVINCE OF NEW BRUNSWICK AND THE CITY OF SAINT JOHN WITH RESPECT TO DRAWING WATER FROM THE MUSQUASH WATERSHED Under the agreement dated January 1, 1978, between Her Majesty the Queen in the right of the Province of New Brunswick as represented by the Minister of Natural Resources and Energy on the first part and the City of Saint John on the second part, which was extended to December 31, 2007, we further agree: 1. to extend the term toiaiidniglit, December 3l,2010; 2. to reserve the right to terminate or transfer the agreement upon giving each other at least three months notice. 3. the charge per 1000 imperial gallons of water is to remain at $0.044/1000 imperial gallons until December 31, 2010. 4. that the Minister assumes no liability whatsoever for any reason, should water become unavailable to the City, including but not limited to the following: • in the event of a failure, for whatever reason, of any component of the water retention and water delivery infrastructure in the Musquash watershed; • if, in the opinion of the Minister, the water in any of the reservoirs has to be drawn down for repair and maintenance of the water retention infi-astructure or for public safety reasons. 5. the Minister assumes no liability for whatever reason for portability of the water. 6. the City acknowledges that the Minister may assign its rights under the agreement to NB Power and hereby agrees to such assignment and on receipt of three niontlis written notice the City will attoin to the rights of NB Power pursuant to such assignment. 7. the parties acknowledge that some of the Musquash lands are protected lands under the Protected Natural Areas Act, S.N.B. 2003, c.P-19.01 and as amended. 8. all other terms and conditions shall remain the same. Honourable Wally Stiles Minister of Natural Resources Date: 48 Mayor Ivan Court Mayor of the City of Saint John Ms. Elizabeth Gormley Clerk of the City of Saint John Date: M & C 2009- 414 December 17, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2009- 15: Watermain Cleaning & Lining, Phase 6 - Update BACKGROUND It Im Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build -up of material on the inside wall of the pipe). This build -up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a watermain. On November 23, 2009 Council award contract 2009 -15 (M &C 2009 -331) for the Cleaning & Lining of approximately 4.7 km of existing cast -iron watermains to improve pressure, water quality and fire flows at the following locations: • Guilford Street • Montreal Avenue • Tower Street • Simms Street • Winslow Street • Simms Court • Dominion Court • Albert Street W. • Lancaster Street • Victoria Street • Duke Street W. • Drummond Street • City Line • Bleury Street • Ludlow Street • Dexter Drive • Queen Street W. • McCavour Drive • Saint James Street • Birch Street • Ontario Street 49 M & C 2009- 414 December 17, 2009 Page 2 ANALYSIS In response to area water quality concerns, Staff proposes to increase the scope of this Contract by including an additional 1.4km of Cleaning & Lining of cast iron watermains in the Island View Heights area of West Saint John. Additional streets will include: • Coronation Avenue • Clearview Row • Ridge Row FINANCIAL IMPLICATIONS • Forest Hill Drive • Islandview Drive A total amount of $1,500,000.00 was provided in the 2009 Water & Sewerage Utility Fund Capital Program. The projected completion cost of Contract 2009 -15 as awarded in M &C 2009 -331 is estimated to be $1,276,351.58 including the City's eligible HST rebate — a $223,648.42 positive difference in the Water & Sewerage Utility Fund Capital Program. The estimated cost to clean and line the additional 1.4 km of watermain is $400,000. A supplemental fiinding project will be identified in the 2010 Water & Sewerage Utility Fund Capital program to cover the additional costs beyond the $1,500,000 approval in 2009. RECOMMENDATION It is recommended that the scope of Contract 2009 -15: Watermain Cleaning & Lining, Phase 6, be increased by an amount of $400,000 to include the additional 1.4 km of watermain cleaning & lining. Respectfidly submitted, M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 50 J. Patrick woods, CGA Acting City Manager M &C 2009 - 403 December 15, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, It Im SUBJECT Contract No. 2008 -38: Braemar Drive and Parkhill Drive - Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction PURPOSE The purpose of this report is to update Council on the status of the 2008 Braemar Drive and Parkhill Drive project and the additional costs incurred. BACKGROUND The 2008 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for five projects as follows: I . Braemar Drive (Westmorland Road to Byron Street) — Street Reconstruction including new storm sewer, road widening, excavation, backfill, curb, sidewalk, paving and landscaping. 2. Braemar Drive — Renewal of 250m of 200mm diameter watermain. 3. Braemar Drive — Renewal of 245m of 300mm diameter sanitary sewer with 375mm diameter. 4. Parkhill Drive (Easement between Parkhill Drive and Braemar Drive) — Renew 275m of sanitary sewer. 5. Parkhill Drive — Renew 90m of 200mm diameter watermain. Common Council, at its meeting on January 19, 2009, awarded Contract 2008 -38 (M &C 2009- 12) to Galbraith Constriction Ltd. at a tender amount of $1,153,082.51. ANALYSIS All of the work under Contract 2008 -38 has been completed. The final quantities and summary of change orders for the project have been finalized and are presented as follows: 51 M &C 2009 -403 Contract 2008 -38: Braemar Drive and Parkhill Drive - Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction December 15, 2009 Page 2 1. Costs associated with relocating a catchbasin due $2,090.81 to a change in the curb alignment. 2. Costs associated with a conflict between the new $813.01 sanitary sewer and existing infrastructure. 3. Change Orders associated with issues with the $15,100.13 existing water system such as unknown existing infrastructure, unmarked services, and repairing leaking services which were not originally identified for renewal. 4. Costs associated with regrading a driveway in $2,873.03 order to maintain appropriate grade transitions from the street. 5. Change Orders associated with unknown $12,417.54 underground infrastructure or ground conditions such as removing subsurface material unsuitable for use as driveway base material and installation of a perforated drain tile. 6. Change Orders associated with additional $108,051.73 materials required but not included in schedule of quantities. 7. Credit received for the difference in asphalt - $6,037.79 binder costs from when the project was tendered to when the asphalt was placed. Total Change Orders: Minus: contingency Allowance: Net Additional Cost: COST SUMMARY Original Contract Value: Minus: Contingency Allowance: Value of Original Estimated Work: Variation in Quantities: Summary of Change Orders: Final Contract Value: $135,308.46 - $112,751.40 $22,557.06 $1,153,082.51 - $112,751.40 $1,040,331.11 +$132,661.22 +$135,308.46 $1,308,300.79 The final constriction cost of the project based on change orders and variation in quantities is $1,308,300.79. The difference between the final contract value and the original tendered price is $155,218.28 ($1,308,300.79 - $1,153,082.51). The combined approved budget for the project is 52 M &C 2009 -403 Contract 2008 -38: Braemar Drive and Parkhill Drive - Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction December 15, 2009 Page 3 $1,165,000, ($390,000 under the 2008 General Fund Capital Program and $775,000 under the 2008 Water and Sewerage Utility Fund Capital Program). The final net cost of this project including the constriction costs, engineering services and after considering the City's eligible HST rebate is $1,321,976.98 resulting in a negative variance of $156,976.98 in the 2008 Capital Program (- $97,838.86 in the General Fund and - $59,138.12 in the Utility Fund). This amount can be managed within the overall Water & Sewerage Utility and General Fund Capital Program envelopes. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 53 M &C 2009 - 380 November 19, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT It Im Contract No. 2008 -34: Brunswick Drive and Paul Harris Street — Watermain and Storm Sewer Installation and Street Reconstruction PURPOSE The purpose of this report is to update Council on the status of the 2008 Brunswick Drive and Paul Harris Street project and the additional costs incurred. BACKGROUND The 2008 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for the reconstruction of Brunswick Drive and Paul Harris Street (including the constriction of a dedicated left turn lane from Paul Harris Street onto Crown Street) and the installation of new sewer and watermain. Common Council, at its meeting on September 29, 2008, awarded Contract 2008 -34 (M &C 2008- 294) to Galbraith Constriction Ltd. at atender amount of $1,430,224.05. The work consisted generally of the supply of all necessary labour, materials and equipment for the constriction of approximately 280m of 400mm watermain, 10m of 300mm sanitary sewer, 20m of 600mm sanitary sewer, 50m of 300mm storm sewer, 130m of 450mm storm sewer, 55m of 525mm storm sewer and 110m of 600mm storm sewer (including 200mm catch basin leads). The work also includes 1100m of concrete curb, 2000m2 of concrete sidewalk, 3550m3 of imported pit run gravel, 1200m3 of imported crushed gravel base, 1050 tonnes of asphalt concrete base course (type "B" mix), 550 tonnes of asphalt concrete surface course (type "D" mix), 180m3 of topsoil, 1800m2 of nursery sod, 28 trees, 28m2 of Allan Block retaining wall, 65m of new chain link fencing (including a new gate) and other related work. 54 M &C 2009 -380 Contract 2008 -34: Brunswick Drive and Paul Harris Street — Watermain and Storm Sewer Installation and Street Reconstruction November 19, 2009 Page 2 ANALYSIS The majority of the work under Contract 2008 -34 has been completed. The final quantities and summary of change orders for the project have not been finalized, however the project is substantially complete and the majority of the quantities and change orders have been agreed upon between the City and the Contractor. The additional costs on the project thus far have been compiled into eight categories as follows: 1. Change Orders for various items related to storm $26,994.24 sewer. 2. Change Orders for various items related to $8,476.47 sanitary sewer. 3. Change Orders for various items related to water $17,181.50 system. 4. Change Orders associated with additional costs to $56,870.29 work in close proximity to other utilities (incl. electrical, cable, gas). 5. Change Orders associated with unknown $8,758.14 underground infrastructure. 6. Change Orders associated with additional $129,638.57 materials required but not included in schedule of quantities. 7. Change Orders associated with an underground $10,758.45 fuel tank that was discovered during constriction. Appropriate removal and disposal was required for the tank and the surrounding soils. 8. Credit received for the difference in asphalt - $27,667.50 binder costs from when the project was tendered to when the asphalt was placed. Total Change Orders: $231,010.16 Minus: Contingency Allowance: - $105,994.00 Net Additional Cost: $125,016.16 COST SUMMARY Original Contract Value: $1,430,224.05 Minus: Contingency Allowance: - $105,994.00 Value of Original Estimated Work: $1,324,230.05 Variation in Quantities: - $33,653.34 Summary of Change Orders: +$231,010.16 Estimated Final Contract Value: $1,521,586.87 55 M &C 2009 -380 Contract 2008 -34: Brunswick Drive and Paul Harris Street — Watermain and Storm Sewer Installation and Street Reconstruction November 19, 2009 Page 3 The estimated final constriction cost of the project based on change orders and variation in quantities is $1,521,586.87. The difference between the final contract value and the original tendered price is $91,362.82 ($1,521,586.87 - $1,430,224.05). The combined approved budget for the project is $1,415,000, ($955,000 under the 2008 General Fund Capital Program and $460,000 under the 2008 Water and Sewerage Utility Fund Capital Program). The anticipated final net cost of this project including the constriction costs, engineering services and after considering the City's eligible HST rebate is $1,547,850.31 resulting in a negative variance of $132,850.31 ($23,291.04 Utility Fund and $109,559.27 General Fund). This amount can be managed within the overall Water & Sewerage Utility and General Fund Capital Program envelopes. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 56 M &C- 2009 -415 November 18, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Westfield Road Reconstruction Project SJ Marina and Hoyt - Postponing Closing Dates BACKGROUND The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently, Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. Common Council subsequently resolved to enter into agreements of purchase and sale for a number of land acquisitions. Two of these land acquisitions are: 1) 832 m2 +/- portion of PID 00290197 from Saint John Marina Ltd., and, 2) PID 55184824 and a 1453 m2 +/- portion of PIDs 55013833 and 55013858 from Brent and Betty Hoyt; Collectively hereinafter referred to as the "Agreements" The closing date for the above noted land acquisitions is December 28, 2009, but the transactions cannot be closed until the process of obtaining the necessary assents for vesting of the lands as Public Street is complete. P.A.C. is scheduled to consider the proposed vestings at their January 12, 2010 meeting. If P.A.C. recommends in favour of the vestings, they will subsequently be brought to Common Council for its consideration for the necessary subdivision plans which will vest the land indicated thereon as Public Street in the City upon the filing of said plan.. 57 Report to Common Council December 18, 2009 Page 2 The City Solicitor's office contacted the lawyers representing both above noted landowners to obtain their consents to the postponement of the closing date. Staff hereby seeks Common Council's consent to the postponement of the closing date for the above noted land acquisitions. RECOMMENDATION 1) That Common Council agree to postpone the closing date of the two following Agreements of Purchase and Sale: A) Vendor: SAINT JOHN MARINA LTD. Purchaser: THE CITY OF SAINT JOHN Premises: Freehold interest in a portion of PID 4 00290197 Comprising 832 sq. m. +/- in total Purchase Price: $6,658.00 + HST if applicable; and, B) Vendor: BETTY F. HOYT and BRENT E. HOYT Purchaser: THE CITY OF SAINT JOHN Premises: Freehold interest in PID 4 55184824 Comprising 2449 sq. m. +/- Freehold interest in a portion of PID 4 55013833 and PID 4 55013858 Comprising 1453 sq. m. +/- in total Purchase Price: $12,000.00 + HST if applicable, to "on or before 28 February, 2010 ", subject to obtaining the assent of P.A.C. and Common Council to vest the lands to be acquired as Public Street. 2) That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 58 J. Patrick Woods, C.G.A. Acting City Manager City Manager's Office P.O. Box /C.P. 1971 Bureau du directeur g6neral Saint John, NB /N. -B. Canada E2L 4L1 >o December 12, 2009 Q n~ The City of S�Axlc phn. 1 07 • Me I The Carleton Community Center is a City owned building that now houses the Horizon Health Network and the Westside Food Bank. The cost of relocation and renovations were funded by the Province and supported by the City based on need and strong neighbourhood support. The City has received an inquiry from the Westside P.A.C.T. Community Group requesting that the Westside PACT, as community representatives, be consulted on the future use of the facilities located on the lower floor in the event either of the new programs cease to operate. This is not an unreasonable request and is consistent with Council's stated goal of having revitalized neighbourhoods that are safe, vibrant and attractive. Recommendation That Common Council advise the Westside P.A.C.T. that the City will consult with them on the future use of the lower floor facilities in the Carleton Community Centre in the event that either the Horizon Health Network or the Westside Food Bank ceases operations. Respectfully Submitted, atrick Woods CGA Deputy City Manager 59 REPORT TO COMMON COUNCIL December 21, 2009 4 0 the ckY of saint john His Worship Ivan Court And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: City of Saint John's Benefits Plan Transition to New Carriers BACKGROUND On November 23, 2009 Council approved the recommendation to transfer the City's Benefits Plan to new carriers. The next step is to ensure the transition process is as seamless as possible for all the stakeholders. ANALYSIS This is a complex process involving legal requirements; transfer of data, payment of all incurred but not reported Health and Dental claims, and extensive communication to the members of the plan, outgoing carriers and incoming carriers. Our effective date is intended to be April 1, 2010 and this is an aggressive undertaking. Luedey Consultants have the background, knowledge and experience with The City of Saint John's benefits plan and would be ideal to facilitate this transition. Luedey Consultants will assist with this transition and have assured us the fees will not exceed 10,000.00 plus HST as per the attached document. INPUT OF OTHER SOURCES Your Purchasing Agent and the Commissioner of Finance support this recommendation. .� RECOMMENDATION It is recommended Common Council engage the services of Luedey Consultants to assist in the transition of the City of Saint John's Benefits Plan to new carriers to a maximum of $10,000 plus expenses and HST and further that the Mayor and Common Clerk be authorized to sign the attached agreement on behalf of the City. Respectfully submitted, John McIntyre Manager Human Resources X 0 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: WOODHOLLOW PARK DEVELOPMENT LTD. As per the attached, I have had discussions with Mr. Randy Pollock of the Planning Department and as Mr Pollock has no concerns regarding non - compliance with the Section 39 and other conditions, I have concluded that the following recommendation would be appropriate. Resolved that the City consents to the Declaration of Woodhollow Development Ltd. pursuant to the Condominium Property Act for Woodhollow Park Subdivision, PID #55189278 and that the Mayor and Common Clerk execute the "Consent of Encumbrancers" attached to the said Declaration. Re ly submitted, 7 P4trick Woods, CGA ACTING CITY MANAGER Attachment 62 1 1 - k, YAIi Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.farrell @sainljohn.ca December 16, 2009 J. Patrick Woods Acting City Manager 81h Floor, City Hall Dear Sir: Re: Woodhollow Park Development Ltd. Woodhollow, Park — PID #55189278 Ms. Shelley G. Courser, solicitor for Woodhollow Park Development Ltd. (the Company), advises that her client, as owner of PID #55189278 (the Lands), intends this development to be governed by the Condominium Property Act (the Act) and requests the City to give its consent to the Company's actions. All persons /corporations having registered encumbrances against the Lands must give their consent or the owner cannot complete his application under the Act. The City has, by Regulation 84 -217 under the Community Planning Act (the CP Act) acquired a municipal services easement through the Lands (No. 23906986), by grant acquired a Right of Way through the Lands (No. 23908453), entered into an Agreement with a predecessor in title pursuant to Section 39 of the CP Act (No. 352375) and imposed conditions pursuant to Section 39 of the CP Act (No. 22935747, No. 24709454 and No. 24729734). All documents recorded in the Saint John County Registry Office. .../2 I i4 )— SAINT JOIN P.O. Box 1971 Saint John, N6 Canada E2L4L1 I wwwsaintjohn.ca � C.P., 1971 Saint john, N. -E. Canada E2L 4L1 63 Acting City Manager December 16, 2009 Page 2 Re: Woodhollow Park Development Ltd. Should you be prepared to recommend to Common Council Ms. Courser's request, the following wording would be appropriate: Resolved that the City consents to the Declaration of Woodhollow Development Ltd. pursuant to the Condominium Property Act for Woodhollow Park Subdivision, PID #55189278 and that the Mayor and Common Clerk execute the "Consent of Encumbrancers" attached to the said Declaration. Yours truly, p , Lynda D. Farrell Solicitor C: Shelley G. Courser Randall G. Pollock Ken Forrest 64 REPORT TO COMMON COUNCIL December 21, 2009 M &C -- 2009- 407 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Secondment Agreement — Tourism and Parks CIV of ° 'ain't 1' .:l. The City has been approached by the Provincial Department of Tourism and Parks regarding temporary placement of a staff member from their Department. The Department is offering us the services of the staff member, Caitlin Griffiths, for a period ending no later than March 31, 2010. During the secondment period the Department will continue to pay Ms. Griffiths the salary with the City being responsible for any out of pocket expenses that may be incurred. A copy of the proposed Secondment Agreement is attached. We are currently in the process of transitioning our Tourism operations to the Destination Marketing Organization approved by Common Council in September of this year. As we continue this transition Ms. Griffith's skill sets and contacts within the Province should be very beneficial. She will also provide needed promotion and marketing experience that will help ensure continuity of operations during the transition period. RECOMMENDATION: That the Mayor and Clerk be authorized to sign the Secondment Agreement between the Department of Tourism and Parks and the City related to secondment of Ms. Caitlin Griffiths. Respectfully submitted, �i, �, ,� PA,, -, �,- -,, - Andrew P. Beckett MA, CA Deputy City Manager P trick Woods CGA Ac mg City Manager 65 Secondment Agreement between the Department of Tourism,and Parks and the City of Saint John for Caitlin Griffiths The following are the terms of the secondment for Caitlin Griffiths from the Department of Tourism and Parks to the City of Saint John: 1. The secondment will commence on December 14, 2009 and will end no later than March 31, 2010. 2. Caitlin Griffiths will continue to be paid based on her current classification of Pay Band 4 ($1,939.00 biweekly, Step 11). She will continue to be covered by the policies and guidelines that apply to all government employees and she will also receive the benefits to which she is currently entitled. 3. Salary and benefits will be paid by the Department of Tourism and Parks for the period of this secondment. 4. This secondment agreement may be terminated by Caitlin Griffiths, or the Department of Tourism and Parks or the City of Saint John, by notifying the other two parties, in writing, ten (10) calendar days in advance of their intention to terminate the secondment. 5. Job related expenses, such as travel expenses, will be paid for by the City of Saint John during the period of this secondment. 6. During the period of this secondment, Caitlin Griffiths will work out of the Department of Tourism and Parks' office location at 8 Castle Street, Saint John. jb M llen Barry Deputy Minister Department of Tourism and Parks Patrick Woods Acting City Manager City of Saint John Caitlin Griffiths .. /aL 1 Date Date Date WELLINGTON WEST Capital Inc, November 25, 2009 The Mayor and Common Council City of Saint John 15 Market Square Saint John, New Brunswick Re: "Stonehammer" UNESCO Geopark Application Your Worship & Common Council, In order to seek support for and execution of a Memorandum of Understanding between the City of Saint John and the Stonehammer Geopark steering committee I am requesting the opportunity to present the scope of the project, its potential impact on Saint John and to review the MOU to ensure clarity. The earliest possible time would be appreciated as we are endeavoring to be thefirst UNESCO Geopark in North America. The official application has been sent to Paris for initial review to adhere to the deadline for such applications by December 1, 2009. This application was sent without the MOU from the City of Saint John and we have until December 30, 2009 to provide addendurns to our application package. As the City's support is integral to the success of this application we are hopeful that we will be able to include the MOU with the City of Saint John and thus the urgency to present. IN CO Geopark Steering Committee 67 T 50 0P6*oN mmss i O 1101101 III / / /%' j D "o % p 0 o, I , co u l//O//// sloop in ,% , LA �1�� ��% � / / / / / / / / / / / /// /ice cu 0 E u CD ui iiiiiiiiiiiiiiiiii�iiiiiirr / / / / //' ru ........... t--- 0 ru 4-J ru C6 CD CD I% 0 OF 4-J ME/ U-) 4-J 4-J ru r) -0 Lu E // /// of ro I'M - L. 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S ';I'— 96 (0 2) Fax Number / Num dro de tel&*eur 5o - o 95-3` Work / Travail Os— JV2- Name of Property Owner (if different) / Nom du propridt m (s differ) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la propriki Location / Emplacement 151 C 4114- wtraj Jp�-• 35 36 3 Civic # / No de voirie Street / Rue PID / N[P Lot Area / Strper6cie do lot S N1 Sheet F e / F t S. b m e n Ca -A-ke rwaad mntag made sur rue o. e h Existing Use of Property 1 Utilisation actuelle de la propridtd Municipal Plan land Use Desgnaton Ddsignation de ufilization des ter7es sur le plan municipal L6 Eti[S T`/ ES KL1T 14 L Amendment Requested / Modification demandee Present Zoning / Zonage actuel 2 - Clange Zoning to / Modification du zonage A andlor / ou ❑ Ted Amendment (indkate particulars) / Modification due texte (mdiquez les d6tails N Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition J �) . N (R k_:_1 You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building ply elevation drawings and any other farm of information. The plan must show the dimensions of the property, the location of all builangs, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. o s9A slit f �K( (, 1 0 Your devez fournir un plan du site a Pgchelle illustrant votre proposition. Yous pouuez igalement fournir des photographies, des plans de bhtiment, des dessins de plan 'F,6Mvation et toute autre forme de nenseignement Le plan doit indiquer les dimensions de la proprigth, 1'emplaaement de la totalW des bdtiments, des allaes, des arees de stationnement des amdnagements paysagers et des panneaucr de signalisation. Il est important d'in&Wr la distance entre les limites de la proprigti et les b4dments Provide reasons why these amendments should be � Pmt eh�o approved l Fournir tout autre reaseignemeni pUaCerAaat votre proposition Cc— E 4.�' d& I' Provide ray other information about Yowa proposal that would be helpfuL / FW= tout antra reaseignemeat ooncernant votre proposition � p� lyme i0e. Signatu m of Applic= / Signature du demand= 4 to 166 t��. SW Application Fee Enclosed / 0-joint les 5ais de demaDdc do 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprittaire du terrain en question, Please have the owner sign below. The signature of veuillez obtenir la signature du proprij wre Bans la pantie the owner is authorizing this application to proceed ci- dessous. La signature du propriftaire autorisant le for consideration by Common Council. traitement de la prisente demande pour que cette dermi3re soit e=ninje par le coned conumnal. Signaturt of Owns (if applicable) Sigaatme due pmpd&ave (s'il y a lieu) Date: 107 1, _m I .. I .o� P a mow. AA .. too rn AM I� 0 II 0 .� �. I I I MY S� Y1 d i „ 108 r, 1, _m I .. I .o� P a mow. AA .. too rn AM I� 0 II 0 .� �. I I I MY S� Y1 d i „ 108 E 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 # Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) 674.4214 Special Instructions (if any): Reference: Zoning By -Law Amendment— 54 Catherwood Street - Public Hearing December 11, 2009 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, November 24, 2009 AND Tuesday, December 15th, 2009 SJTJ Independent Placement Date(s): SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline (if a licable ): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 M 2 :111:11; 11 ul61142- P d 10101130 7► RE: 54 CATHERWOOD STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 21, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 470 square metres, located at 54 Catherwood Street, also identified as P1D No. 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To permit a three -unit dwelling. 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 U PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE [1] 4ii 111 Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a I'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 21 d6cembre 2009 a 19 h : Rezonage dune parcelle de terrain d'une superficie d'environ 470 metres carr6s, situ6e au 54, rue Catherwood, et portant le NID 00035303, de zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2» a zone r6sidentielle — habitations de quatre logements <<R -4 ». RAISON DE LA MODIFICATION: Permettre un 6difice a trois logements. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussign6 a l'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 112 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: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a decrdtd cc qui suit : The Zoning By -law of The City of Uarrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcrdtd le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 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 470 square metres, located at 54 Catherwood Street, also identified as PID number 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by -law. rN 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. 2010 and signed by: Mayor /Maire 1 La modification de l'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ 470 metres canes, situee au 54, rue Catherwood, et portant le NID 00035303, de zone rdsidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone rdsidentielle — habitations de quatre logements «R -4» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrete. EN FOI DE QUO], The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes : Common Clerk /Greffiere communale First Reading - Premiere lecture Second Reading - Deuxiee lecture Third Reading - Troisieme lecture 113 December 16, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 54 Catherwood Street On Monday, November 23, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached reports at its Tuesday, December 15, 2009 meeting. Mr. Jeff Sheppard, the applicant, was present at the meeting and indicated he was not in agreement with staff s recommendation. He considered that there is sufficient amenity space nearby which compensates for any deficiency at the property. He also responded to letters received from neighbours, in particular that he has invested considerable sums to improve the property in the past two years and will continue to do so. He also stated that the location of the property at the corner of a collector street would result in no impacts of traffic, and that there is sufficient space for on -site parking, as indicated in the staff report. No one else appeared before the Committee. Two letters were received (see enclosures). Mr. Nayan Gandhi responded to questions from the Committee in respect to neighbourhood context. He also clarified that if the rezoning is approved, any necessary variances will be presented to Committee at a later date for approval. After taking into consideration staff s report, the applicant's comments and letters received from neighbours, the Committee adopted a different recommendation than set out in the staff report: RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 470 square metres, located at 54 Catherwood Street, also identified as being PID No. 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 114 -2- 2. That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 470 square metres located at 54 Catherwood Street, also identified at PID No. 00035303, be subject to the following conditions: a. The use of the property is restricted to a building with a maximum of three - units. b. That the driveway on the property is paved prior to the occupation of the third unit. Respectfully submitted, Stephen Horgan Chairman NG Project No. 09 -455 115 DATE: DECEMBER 11, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 15, 2009 SUBJECT: Name of Applicant: Name of Owner: Location: PID: Nayan Gandhi, MCIP, RPP Planner Jeff Sheppard / 511319 NB Ltd 511319 NB Ltd 54 Catherwood Street 00035303 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential Proposal: To establish a third unit in the basement of the existing dwelling. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 21, 2009. am 511319 NB Ltd. /Mr. Jeff Sheppard 54 Catherv,00d Street STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council deny the proposed rezoning. BACKGROUND: Page 2 December 11, 2009 The existing dwelling on the property was in a deteriorated state. In 2007, the stricture was substantially improved, including the raising of the building to accommodate a basement. The basement remained unfinished and is now subject of this application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning: • It is assumed from the application that all parking will be provided for on site and will utilize the existing driveway. • It is assumed from the application that there will not be any site modifications. • It is assumed from the application that there will not be any servicing changes. Buildings and Inspection Services has no concerns. Saint John Fire Department has no objections. Plans should be submitted to the Fire Marshall's Office. Saint John Energy has no issues with this application. Aliant has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline advises the proposal is clear of its facilities. Brunswick Pipelines advises the proposal is clear of its facilities. 117 511319 NB Ltd. /Mr. Jeff Sheppard Page 3 54 Catherwood Street December 11, 2009 ANALYSIS: Site and Surroundings The subject site is located at 54 Catherwood Street (also identified as 691 Arthur Street) at the corner of that Street and Arthur Street in West Saint John (see location map). It is composed of a two - storey dwelling located in the centre of a relatively rectangular lot. The lot's area is approximately 470 square metres (5,059 square feet), measuring approximately 15.6 metres by 30.8 metres (51.2 feet by 101.0 feet). It is primarily landscaped, with a gravel driveway and small shed located at the rear of the property. Two separate wooden exterior stairwells are located at front and the northern side of the property, providing access to the second unit on the upper floor of the dwelling. This area of Catherwood Street contains a mix of dwellings, as well as a number of businesses. The western side of Catherwood Street and neighbouring streets are mostly composed of older single - family dwelings with a limited number having 2 units (at 35, 38 and 39 Catherwood Street, and 43 -45 Coster Street). The area is predominantly zoned "R -2" One and Two Family Residential. Lots are generally small and rectangular, arranged in a grid pattern. On the opposite side of Catherwood Street from the subject property are a number of businesses (zoned "B -2" General Business), and low -rise apartment buildings ( "RM -1" Three Storey Multiple Residential). The wider surrounding area includes service corridor development located along Fairville Boulevard and the southern -end of Catherwood Street, as well as Lancaster Mall. To the north -east of the subject site is commercial development located along Main Street West /Manawagonish Road. Schools are located along Manawagonish Road. Proposal The applicant is proposing to convert the existing basement into a third two - bedroom unit in the subject property (see enclosed plans). It contains its own entrance at present. Allunicipal Plait Direction The subject site and surrounding area are designated Low Density Residential by the Municipal Plan. The Plan's policies for low density residential areas provide for a wide range of housing, so long as the density does not exceed 37 dwellings per hectare. The proposal seeks to intensify the use of the property, and thus maximising the use of land. It will not exceed density limitations of the existing designation. This section of Catherwood Street is designated a collector street, and Fairville Boulevard is designated a Service Corridor in the Municipal Plan. Significant retail and key services are located in close proximity to the subject site. There are no transit services along this section of Catherwood Street; however, a transit hub at Lancaster Mall is approximately 550 metres away from the site, and Route 414 (Churchill Heights) nuns along Manawagonish Road, with the nearest bus stop on that route being some 250 metres from the subject site. The proposed rezoning is therefore consistent with the Municipal Plan. am 511319 NB Ltd. /Mr. Jeff Sheppard Page 4 54 Catherv,00d Street December 11, 2009 Proposed Rezoning The applicant proposes to rezone the property from "R -2" One and Two Family Residential to "R -4" Four Family Residential to permit a third unit to be established in the basement of the existing dwelling. The proposed zone permits, among other things, residential dwellings containing up to four individual units. The key considerations for the proposed use is whether the proposal is compatible in its neighbourhood context, and secondly, whether the site itself has sufficient space to accommodate the necessary requirements for the proposed use (e.g. landscaping and parking space). Each matter is dealt with in turn below. Acceptability of Proposed Rezoning within the Neighbourhood Context Based on Property Assessment information, within 100 metres of the property there is only one property which contains three units (at 30 Coster Street). That property is currently zoned "R -2" One and Two Family Residential so it is not a conforming use. As such, dwellings containing three individual units are out of character within the immediate area; indeed, the subject property, if rezoned, would be the first property with the appropriate designation for a three -unit building and this may result in future pressure for additional intensification of this older residential area (notwithstanding the fact that the apartments along Greystone Terrace already contain more units, but these are zoned appropriately for such development). Site Assessment In addition to a neighbourhood context assessment, staff also considers the acceptability of the site itself to accommodate the proposed development. The applicant proposes to convert the existing building, and as such, property dimensions are not specifically considered as part of the rezoning. That said, they can act as a guide to whether the property can sufficiently accommodate the proposed use. A site plan showing the wider site was not submitted in accordance with staff s request to the applicant. In absence of such a plan, staff has carried out the following preliminary assessment based on information available (e.g. aerial photographs). Minimum Lot Area Whilst lot sizes are not considered variances as the property is already established, the intent of this requirement is to ensure that there is sufficient space for parking, landscaping and the enjoyment of the property (i.e. amenity space). Lot sizes therefore act as a guide to whether the proposed development is acceptable. The minimum lot area for a one, two or three dwelling unit in the proposed "R -4" Four Family Residential zone is 550 square metres (5,920 square feet), and the subject property measures 470 square metres (5,059 square feet). The difference between what would have been required if the lot was to be newly created and the size of the existing parcel is approximately 15 %. The lot area appears to be insufficient to accommodate a dwelling with three units, as the deviation may be considered significant. The proposed zone also permit dwellings with up to four units, and the minimum lot area for four -unit dwellings is 690 square metres (7,427.1 square feet). The subject property is clearly not sufficient to am 511319 NB Ltd. /Mr. Jeff Sheppard Page 5 54 Catherv,00d Street December 11, 2009 accommodate a four -unit dwelling. Staff strongly recommends that a Section 39 condition should be imposed to limit the property to a three -unit building, should the application be approved. Parking Provision The parking requirement for the proposed three -unit building would be four parking spaces. Staff believe there is sufficient space to provide parking on the existing gravel driveway, although this would mean that two of the cars may be blocked in. The Zoning By -law only requires on -site manoeuvring space for vehicles when more than four spaces are required, and therefore it does not apply in this case. However, normal practice is to require driveways to be paved, and as such, if the rezoning is approved, a condition requiring the paving of the driveway prior to occupation of the unit. Lot Occupancy The lot occupancy requirement in the proposed "R -4" Four Family Residential zone is 40% for corner lots. The dwelling and shed on the property, based on available aerial photographs, occupies approximately 28% of the lot. However, substantial exterior stairwells exist which are not shown on the aerial photograph, which should also be included in this provision. It is therefore unclear whether the proposed development can meet this requirement. The absence of the requested site plan makes the assessment difficult. Variances from any requirements cannot be determined. The purpose of the lot occupancy rile is to ensure that there is sufficient amenity and landscape space on the property for residents to enjoy the use of their property. Given the proposal includes two - bedrooms, which may be rented to occupants who have children, amenity space is important. In this case, there is limited `unoccupied' space on the property given that built strictures, paved areas, etc. occupy the majority of the site. Indeed, the only available significant amenity space on the property is in the front yard facing a collector street, and is limited by the stairwell which protrudes from the dwelling. There are no major parks nearby which would compensate for the apparent deficiency. Given the concerns previously identified, this proposal cannot be supported. CONCLUSION: The proposal is consistent with the Municipal Plan and seeks to intensify an existing property. However, the site does not appear to be appropriate for this form of development given the size of the subject property. Approval of this proposal also is a departure from the existing pattern of land use in the area. The proposed rezoning should be denied. NG Project No. 09 -455 120 675 PLANNING AND DEVELOPMENTIURBAN ISM E ET DtVELQPPEMENT acv to `o -<-, n \ at 682 888 C �a1 39 30 S 32 so as Subject Site /site en question: Location: 54 Catherwood Street Date: November 30, 2009 Scale /echelle: 1 :1,200 644 a aao `off ea4 o e, as 662 Qt aa1 eea � Ho i Ui 45 67 659 � ♦ � � a � 688 ♦ 14 ae ♦ � 08 • ♦ 673 i� 62 ♦ , ♦�i ♦ 64 i ♦/� as ♦ 74 692 B89 • 2 671 ae ♦ eu S 899 699 I ♦ 688 RR\ � PID(s)/NIP(s): 00035303 121 4 1 ,y g All"d r ' .�L J � a' �. r. DATE: TO: FROM: FOR: SUBJECT: DECEMBER 14, 2009 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING * PLANNING AND DEVELOPMENT MEETING OF DECEMBER 15, 2009 /All J/. �;Ow Na#n GJ&nd hi, MCI P, RPP Plamer Rezoning Application - 54 Catherwood Street The applicant has submitted a site plan of the entire site subsequent to the finalisation of staff's report. A copy of this plan is enclosed for the Committee's information. Given the date it was received, staff has not had an opportunity to review this in detail, nor has it been circulated. In any event, staff considers that the property is of an insufficient size to accommodate a third unit, and as such, staff's recommendation does not change. STAFF RECOMMENDATION TO COMMITTEE: That Common Council deny the proposed rezoning. NG Project No. 09 -455 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 411 wrww.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 124 12/08/2009 16:07 5068545883 VN chy o1Psaimt Jdbn December 2, 2009 i; Dear Sir/Madam- Re: Rezoning - 54 Catherwood Street PAGE 01/01 The Planning Advisory Committee has received an application to rezone a property at 54 Catherwdod Street from "R -2" One and Two Family Residential to "R4" Four Par Oy Residential to allow the owner to establish a third apartment in the basement of the existing bil No other modifications are proposed to the property. I The Committee is interested in hearing the views of neighbouring pro l�r owners who might be affected by this proposal. If you wish to express your views, either in Favour of or against the application, you can do so by submitting your comments in writing and /or by atftding the Planning Advisory Commitwe's meeting on TwOsday, December 15, 2049 at 7.,N p,ft in the Council Chamber on the lobby Level of City Haa. Signed letters should be addressed v) the Planning Advisory Committee, City of Saint John, Planning and Developmenx P.O, 'Box '1971, Saint John, NH, E2L 4L1, and should be recei.yed on or before the, Monday preceding the meetirtj' Letters can also be sent by facsimile at (506) 658 -2837. Your comments can also be sent by a -m!. I at planning@a saint olm,ca. All submissions will be available to the applicant, the Committee, and anyl,One who may have an interest in the application. The Committee's recommendation will be considered at a Public Heal' ag to be held by Common Council on, llfonday, December 21, 2009 at 7.00p.m. in the C'ounci1I amber. You may make additional representation at the hearing, however, any letters received y the Committee will be forwarded to Council. If you have any questions, or would like a copy of the report (availably,: between 4:00 p.m. and 4:30 p,m. on Friday, December]], 2009, or between 8:30 a.m, and 4:30 p,m. oi he regUlar business days thereafter), please contact d'ur 6 ide At (506) 658 -2835. Should you have any questions regatrdiztg this matter please contact mi!:tat (506) 6586205. Sincerely, (� � �1 �.f► m ���� Ins, � r�.� Na' an Crandbi, MCIP, RPP Planner Attachments r e, Z�O v1 f r1 w a t- � SAINT JOHN P.O. Box 1971 Saint John, NB Canaria E2L4L1 wawvsainWn;,.-a C.p 1471 Saint John, N. -B. Canada E21.40 126 DEC 14 20Q9� �/� ✓L aivi ,.hut .�r� �Cd..�. .�zhJ -� r - G Zv !'1 -L�S-C-./B-r✓ � �1��(ii'�2 �f G4�Crrp .Q. .�e.6e� 127 Application for a Zoning By -law Amendment Demande de modification a Parrete sur le zonage Applicant Related Information 1 Renseignements sur le demandeur Name of Applicant / Nom du demandeur Hughes Surveys & Consultants Inc. on behalf of Grant Frewing (purchaser) Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street Saint John NB Telephone Number / Num6ro de telephone Home / Domicile Postal Code / Code postal E2L 5E9 Work / Travail 634 -1717 Fax Number / Numero de t6l6copieur 634 -0759 Name of Property Owner (if different) / Nom du propri6taire (si different) Mark Craik Address / Adresse Postal Code / Code postal Property Information 1 Renseignements sur la propriete Location / Emplacement 40 Forest City Street S5154579.55117824_ Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot being confirmed by survey Street Frontage / Facade sur rue being confirmed by survey Existing Use of Property / Utilisation actuelle de la propri6t6 Multi- family apartment building Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Ldp! D E N s f T`( R Es t D t7-KIT I R L- Amendment Requested 1 Modification demandee Present Zoning / Zonage actuel R -2 X Change Zoning to 1 Modification du zonage k RM -1 and /or / ou Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 128 Pill Ili IA: 1 I' I if I 111, I I I III l I 1 1 1 Description of Proposal 1 Description de la proposition proposal . g to recognize the present use of - propertV. An older version of the City zoninn map (see attached) indicates the zoning previously was RM-11, which is compatible to the present multi- family use beinn a 12 unit apartment building. The zoning appears to have been inadvertently changed when the pEesqnt goninq .. .. - • You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a Vdchelle illustaant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d `elevation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriete, Vemplacement de la totalite des batiments, des alMes, des arras de stationnement, des amenagements paysagers et des panneaux de signalisation. 11 est important d'indiquer la distance entre des limites de la propriete et les batiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre approuvdes. If our research is correct the rezoning is required to correct an error that was made when new zoning mapping. Provide any other information about your proposal that would be helpful. 1 Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. We understand City records indicate a building permit was issued to Acadie Construction on March 10, 1976 for the building presently existing on the property. This further confirms the present zoning classification on the Signature of Applicant / Signature du demandeur Rick Turner, Hughes Surveys & Consultants Inc. Date y z--�' - $400 Application Fee Enclosed / Ci joint les frail de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprWaire dans la partie the owner is authorizing this application to proceed ci- dessous. 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P,-2 if p RM -1 TB- I jr R-1 000' R-2 RM I 1-2 H-4 R lip illiffln W4 lllim�lm L --- rareurresl -- - ta 1-2 IF R-2 BAY - 1 IN a it I ........... . 2 .10 — -, 1-tio 131 1 i CONSENT TO: HUGHES SURVEYS INC. AND T0. GRANT FREWING AND T0: CITY OF SAINT JOHN, PLANNING & DEVELOPMENT DEPARTMENT t, / a r or -k. "kV, _ _ _ . one of the owners of the property , situate at 40 Forest City Street. Saint John, New Brunswick Me aPropeW), do hereby &ant my consent to Grant FrewIng and Grant Frowines representatives, Hughes Surveys Inc., ;'to undertake a re- zoning application for the Property. 1, DATED this 2?, day of October, 2009. Z -12 -ased 132 L2TLdW = W ° j-A TIM 6002 -92 -170 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( Contact: Elizabeth Gormley Phone: (506) 658 -2862 Special Instructions (if any): #7 Fax: (506) 674-4214, Reference: Public Hearing December 21 ". 2009 — 40 Forest City Street Newspaper Insertion Dates Tuesday November 24th, 2009 AND Tuesday December 1 5th, 2009 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 Gonnley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 133 PROPOSED ZONING BY -LAW AMENDMENT RE: 40 FOREST CITY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 21, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PID Nos. 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential. REASON FOR CHANGE: To recognize an existing multiple dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gonnley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARR&E SUR LE ZONAGE OBJET: 40, RUE FOREST CITY Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 21 d6cembre 2009 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ l 830 metres carr6s, situde au 40, rue Forest City, et portant les NID 55117824 et 55154579, de zone risidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone d'edifices i logements multiples de trois etages <<RM -1 >>. RAISON DE LA MODIFICATION: Reconnaitre ('utilisation permise d'une habitation multifamiliale existante. Toute personne int6ress6e peut examiner le projel de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. 134 Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 PUBLIC NOTICE 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 hold in the Cnuncil Chamber on Monday, December 21, 2009 at 70 by Rezoning a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PIT) Nos. 55117924 and 55154579, from "R-2" One and Two Family Residential to 'RM-I " 'phree Storey Multiple Residential AVIS PUBLIC REASON FOR CHANGE: RAISON DE LA MODIFICATION: To recognize an existing multiple dwelling as a Reconnaitre l'unlisation permise dune habitation Permitted use � mulfirarroliale existante. Toute petsonne int6ressee pew examiner le projei de modification an bureau du greffier communal on au bureau do l'urbanisme el du diveloppement ii 116tel de nllv an 15. Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 do lundi an vendredi, sauf leg jours f6riis. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Grelficre communale 658-2862 1 658-2862 W2519 135 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: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAG>s DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a ddcrete ce qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcrdtd ]e dix-neuf (19) December, A.D. 2005, is amended by: delcembre 2005, est modifid par: 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 1830 square metres, located at 40 Forest City Street, also identified as PID numbers 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -]" 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. 2010 and signed by: Mayor /Maire 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ l 830 metres carrels, situde au 40, rue Forest City, et portant les N1D 55117824 et 55154579, de zone relsidentielle — habitations unifamiliales et bifamiliales «R -2» a zone d'6difices a logements multiples de trois dtages «RM- 1» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrdtd. EN FOI DE QUOJ, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes : First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisiemc lecture 136 December 16, 2009 Your Worship and Councillors: SUBJECT: 40 Forest City Street - Rezoning Application On November 23, 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 December 15, 2009 meeting. Rick Turner of Hughes Surveys and Consultants Ltd., appeared to speak on behalf of the applicant, Grant Frewing. Mr. Turner spoke favourably of the application; however, he expressed hope that the variances would be permitted to allow for reconstruction. Mr. Turner also commented that perhaps yard averaging previously in place might have rendered the front yard acceptable in its current setback. No one appeared to speak in opposition to the application; however, the attached letter of concern was received. After considering the attached report, letter and the applicant's presentation, the Committee recommended approval to the proposed rezoning. The Planning Advisory Committee also approved the variances as set out in the staff report. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 1830 square metres located at 40 Forest City Street, also identified as PID Numbers 55154579 & 55117824, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential. Respectfidly submitted, Stephen Horgan Chairman JK Project No. 09 -439 137 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT I l.\ 1 .r M •1 r' ' V" 1N M 1` IL -1 ♦ „ it N A ♦ u('W m L - 1 ♦ `� A 1 ♦ / \ • U-1 1 �r! a 11i 11 V A •t b 11 W x � N an U V Q�e� N A • w „ Sa��B +• � „ w � a N [i . x , • 1. 1 f / F 2�� IM M Ix I ,• 1 1� r' wl ' to ♦ \♦ br G r A x P 11 i♦ • f x x � ,N F rr / 11 nr • �r IL - 1 0.4 •0 ' w PID(s) /NIP(s): Subject Site /site en question: ® 55117824 55154579 Location: 40, rue Forest City Street Date: November 25 novembre 2009 Scale /6cheile: Not to scale /Pas A 1'6chelle 138 MI 0 C -1§9 . 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Y I U qa# Ic 13 N '� mY� Iw Q may Ic r �ora I 0 L a = Yaa W Iz 4F F Om Ic Ca �E$.EooEEec ��u o S O � o O O ` L o 9 O J6P�}e V a G 4 O o { O�C Or Oti O N p 3 Z O 3U..m 6d0.. 0 m q .CO A v ;Zx�acv m o Qe 139 �E$.EooEEec =Eg31 S vo9m,c =k a °- G / 0 V= C O m• V O O J6P�}e vcumicmZ a��� =„W v?ctaer.am O�C Or Oti O N p Z O 3U..m 6d0.. ' - AS DATE: DECEMBER 11, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING + PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 15, 2009 Jody i Planner SUBJECT: Name of Applicant: Hughes Surveys and Consultants Inc. (for Grant Frewing) Name of Owner: Mark Anthony Craik and Kate Harriet Craik Location: 40 Forest City Street PID: 55154579 and 55117824 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "RM -I" Three Storey Multiple Residential Proposal: To rezone a property containing an established 12 -unit apartment building. Type of Application: Rezoning and Variances to: l� SAINT JOHN a) recognize the existing front yard setback of 4.2 metres (13.7 feet) whereas the Zoning By -law requires a minimum of 7.5 metres (24.6 feet); P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I CA 1971 Saint John, N. -B. Canada E21L 41 140 Hughes Surveys and Consultants (for Grant Frewing) Page 2 40 Forest City Street December 11, 2009 b) recognize the existing side yard setback of 2.36 metres (7.7 feet), whereas the Zoning By -law requires a minimum of 3 metres (9.8 feet); c) recognize the existing rear yard setback of 6.78 metres (22.2 feet), whereas the Zoning By -law requires a minimum of 7.5 metres (24.6 feet); d) recognize the existing parking area setback of 0.38 metres (1.2 feet) from the side lot line, whereas the Zoning By -law requires a minimum landscaped setback of 2 metres (6.5 feet) or a continuous solid fence; and e) recognize the existing useable open space of 15 percent of the lot area, whereas the Zoning By -law requires a minimum of 20 percent of the lot area. JURISDICTION OF COMMTTTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, December 21, 2009. The Act also authorises 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 rezone a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PID Nos, 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential; 2. That the Planning Advisory Committee grant the requested variances to permit a minimum front yard of 4.2 metres, a minimum side yard of 2.36 metres, a minimum rear yard of 6.78 metres, a minimum parking setback of 0.38 metres and a maximum useable open space of 15 metres for the existing building only. -- -- BACKGROUND The subject site contains a long- existing 12 -unit apartment building and associated parking area. City records indicate that the site had been rezoned from "R -2" to "RM -1" in 1975, and that a building permit for the 12 -unit building was issued in 1976. However, due to an error in scanning of the zoning maps to 141 Hughes Surveys and Consultants (for Grant Frewing) Page 3 40 Forest City Street December 11, 2009 digital format, the property was inadvertently rezoned back to "R -2" in 2005. This error was discovered recently in conjunction with a proposed sale of the property to the applicant's client. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering does not object to the proposed rezoning and variances as it is understood from the application that this is just a formalized change and there will be not be any servicing, driveway or site modifications. Buildings and Inspection Services has no concerns with this application. Saint John Fire Department has no concerns with this application and has indicated that a Fire Inspector will visit the property in the near future and carry out a regular check for compliances to the Fire Code. ANALYSIS: Site and Surrounding Neighbourhood The subject site is located in East Saint John between Mount Pleasant East and Spruce Avenues. The 12- unit building is situated in a predominantly residential community, with occasional "IL -1" Neighbourhood Institutional zones spread throughout the neighbourhood, and a substantial "I -2" Heavy Industrial zone further to the east of the subject site. The neighbourhood is comprised of mostly post- war single - family homes, although a few multi -unit dwellings exist within a three -block radius. Proposal As noted in the background, the dwelling at 40 Forest City Street was the subject of an inadvertent rezoning that occurred in 2005. For approximately 30 years, the property was zoned "RM -1" Three Storey Multiple Residential, which was approved in 1975 to allow for the 12 -unit dwelling that exists at this location today. In 2005,the zoning maps were scanned to digital format in and readopted by Council in bilingual format. When this occurred, the property was inadvertently removed from the "RM -1" Three Storey Multiple Residential zone. Consequently, the zoning of the property appears as "R -2" One and Two Family Residential on the official current zoning map. The requested rezoning would correct this error and place the property in the appropriate zone category, as originally intended. Approval of the proposal is therefore recommended. In addition to the rezoning, the applicant is seeking several variances from the site development standards of the Zoning Bylaw, as set out on pages 1 -2 of this report. Approval of the requested variances would essentially recognise the development "as built ". The Planning Advisory Committee's 1975 minutes did acknowledge the need for front and rear yard variances, but for reasons unknown, the actual Committee decision at the time did not refer to them. With regard to the other variances, it appears that these are the result of some confusion as to the location of the property boundaries at the time of siting the building on the lot. These deficiencies have only become apparent recently upon completion of a surveyor's Real Property Report. As the site has remained developed in this manner for many years with no apparent problems, approval of the variances can be recommended. However, the approval should apply only to the existing development and not to any redevelopment of the property. 142 Hughes Surveys and Consultants (for Grant Frewing) Page 4 40 Forest City Street December 11, 2009 CONCLUSION: The subject site has contained a 12 -unit apartment building for over thirty years without causing any concern regarding the increased density in the neighbourhood. Although not requested by the current owner of the subject site, the property was rezoned from "RM -1" Three Storey Multiple Residential in 2005 to "R -2" One and Two Family Residential. As a result, the current dwelling no longer conforms to the provisions of the Zoning By -law. Returning the zoning to the previously requested "RM -1" is recommended. JK Project No. 09 -439 143 BY-LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: ARRETE NUMkRO C -1 ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John edicte: A By -law of the City of Saint John entitled L'arrdtd intituld "Arretd concemant le "A By -law Relating to the Market In The City of marchd de The City of Saint John" ddcrdtd le 18 Saint John ", enacted on the 18'x' day of May, A.D. mai 2005, est modifid comme suit: 2005 is hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)p: 5(2)q (1) Stall D IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the * * * ** day of * * * ** A.D. 2009 and signed by: Mayor/Maire 1 La modification du paragraphe 5(2) par Fadjonctin de ce qui suit immddiatement apr8s Palinda 5(2)p :5(2)q (1) Mosque D EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le * * ** * * ** 2009, avec les signatures suivantes: Common Clerk/Greffidre communale First Reading - December 7, 2009 Premidre lecture - le 7 decembre2009 Second Reading - December 7, 2009 Deuxidme lecture - le 7 decembre 2009 Third Reading - Troisidme lecture - 144 BY -LAW NUMBER C.P. 110 -129 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: ARRETE` No C.P. 110 -129 ARRETE MODIFIANT L'ARRET9 SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : The Zoning By -law of The City of Uarret6 sur le nonage de The City Saint John enacted on the nineteenth day of of Saint John, d6crdtd le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: 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 2130 square metres, located at 251 Loch Lomond Road, also identified as PID numbers 00313882 and 55099634, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community,-Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/M6ir6 1 La modification de Pannexe «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 2 130 m6tres carr6s, situ6e au 251, chemin Loch Lomond, et portant les NID 00313882 et 55099634, de zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2» A quartier a vocation collective « IL -1 >> conform6ment a une r6solution adopt6e par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - December 7, 2009 Second Reading - December 7, 2009 Third Reading - 145 Premi&e lecture - le 7 decembre 2009 Deuxi6me lecture - le 7 decembre 2009 Troisi6me lecture - PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 0 0 r ty - 0 s f� ch. Loch Lomond Rd. FROM / DE TO / A R -2 One and Two Family Neighbourhood Institutional / Residential / zone residentielle- zone de quartler a vocation habitations unifamiliales et collective bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi surl'urbanisme Applicant: Sandra Ferris and Laura Saunders Location: 251 chemin Loch Lomond Road PID(s) /NIP(s) 00313882 & 55099634 06P09NW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 16 decembre, 2009 Considered by P.A.C. /consid&e par le C.C.U.: December 1 decembre, 2009 Enacted by Council /Approuvd par le Conseil: Filed in Registry Office /Enregistr6 le: By -Law # /Arrete #: 146 Section 39 Conditions —151 Loch Lomond Road That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,130 square metres located at 251 Loch Lomond Road, also identified at PID Nos.00313882 and 55099634, be subject to the following conditions: a. The use of the property is restricted to a group care facility for up to 12 senior citizens only. 147 BY -LAW NUMBER C.P. 105 -29 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE N° C.P. 105 -29 ARRkTA MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r €union du conseil communal, The City of Saint John a 6dict6 ce qui suit : The Municipal Plan By -law of The Uarret6 relatif au plan municipal de City of Saint John enacted on the 3rd day The City of Saint John d6crk6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398, 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: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." - 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 Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor/Maire 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 400 m6tres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398, de zone r6sidentielle de densit6 moyenne A zone d'am6nagement commercial approuv6; 2 l'ajout de la parcelle de terrain suivante A la liste des amdnagements commerciaux approuv6s a 1'alin6a 2.4.6.28: <(u) une parcelle de terrain d'une superficie d'environ 400 metres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398. >> - toutes les modifications sont 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 arr6t6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - December 7, 2009 Second Reading - December 7, 2009 Third Reading - 148 Premiere lecture - le 7 decembre 2009 Deuxi6me lecture - le 7 decembre 2009 Troisi6me lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMtNAGEMENT Amending Schedule 2 -A and 2 -C Modifiant annexe 2 -A et 2 -C i N BlomTuE $�oae FROM /DE TO /A Medium Density Residential Approved Commercial Development residentielle de densite moyenne Amenagement commercial approuve Applicant: Marcel Doucet Location: 72 rue Broad Street PID(s) /NIP(s) 00000398 06N97NW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 16 decembre, 2009 Recommended by P.A.C. / Recommandd par le C.C.U.: December 1 decembre, 2009 Enacted by CouncillApprouv6 par le Conseil: Approved by Minister / Approuvd par le Ministre: Filed in Registry Office /Enregistre le: 149 BY -LAW NUMBER C.P. 110 -130 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: ARRETE No C.P. 110 -130 ARRETA MODIFIANT L'ARRATA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a ddcretd cc qui suit: The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcrdtd le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modifid par: 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 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, from "RM -IF" Multiple Residential Infill to "B -2" General Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. ,, 1, . - 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 1 La modification de ]'annexe %k)>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ 400 mdtres carrds, situde au 72, rue Broad, et portant le NID 00000398, zone d'ddification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale gdndrale «B -2 » conformement a une resolution adoptde par le Conseil municipal en vertu de Particle 39 de ]a Loi sur Purbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2009, avec les signatures suivantes : Common Clerk/Greffi8re communale First Reading - December 7, 2009 Premidre lecture - le 7 decembre 2009 Second Reading - December 7, 2009 Deuxi&me lecture - le 7 decembre 2009 Third Reading - Troisi8me lecture - 150 PLANNING AND DEVELOPMENT/ URBANISME ET D�VELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe ((A)) de I'Arrete de zonage de The City of Saint John Sue 1 y�Bn�;p,•• �: SL• �� t„� s , i S " $JOavlea pv. FROM / DE TO / A RM -IF B -2 Multiple Residential Infill / General Business / Zone d'edifices a logements Zone commerciale generale multiples sur terrain intercalaire Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de ' I'article 39 de la Loi sur Purbanisme Applicant: Marcel Doucet Location: 72 rue Broad Street PID(s) /NIP(s) 00000398 06N97NW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 16 decembre, 2009 Considered by P.A.C. /considdr6 par le C.C.U.: December 1 decembre, 2009 Enacted by Council /Approuv6 par le Conseil: Filed in Registry Office /Enregistrd le: By -Law # /Arr @td #: 151 min Im���� „i� h� Section 39 Conditions — 72 Broad Street That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, with a retail store be subject to the following conditions: a) the use of the site is limited to the proposed "Brass `n' Things” retail store and /or one or more dwelling units; b) the retail store is restricted to the existing building closest to Broad Street, having civic number 72 Broad Street; c) there shall be no freestanding or mobile signs permitted on the site. 152 Mayor and Council December 16, 2009 Re: Chip-seal Program Your Worship and Members of Council: At a recent visioning session, the issue of using chip-seal on some of our less traveled roads was discussed. This would bean effective means of re�ucing costs but maintaining an acceptable standard for roads such an those considered rural. The Acting City Manager has provided the following information: "We have 57 lane Kilometers of Chip Sealed roads in our network. (Lane Kilometer = 3.7m x 1000m). Of that total, 21.S1 Lane Kilometers are considered Rural. There are a total of 37 streets that are chip-sealed and are considered Rural." The following is information ofpublic record from the New Brunswick Department of "The DOT spokesperson says a road is either paved or chip-sealed depending on traffic volume. The lower the traffic volume, the higher the likelihood, of chipseal being used. Chip seal is much cheaper ho use on roads than asphalt. The cost of one kilometre ofasphalt is the equivalent of about six kilometres of chip eee." While Saint John does in fact use chip-seal, we do not seem to have an official policy on it. Given Council's wish ho find cost effective solutions im service delivery, imu|udingNheuseofohipseai the following motion is proposed: 1. Council recognize chip-seal as an acceptable road cover for rural roads and direct the city manager to develop a policy that would determine a standard of such use. 2. Explore additional opportunities in which chip-seal could be used in the municipality beyond just those roads classified as rural. Stephen Chase Deputy Mayor -- ------------------- .... . ..................... - ----- SAINT JOHN �.�oxl97 Saint John, NB Canada E2L�] | | ��l97 Sat N.-B. E2L4O � 153 -�f �V VG i� December 10, 2009 Mayor and Members of Common Council As your representative on Fundy Regional Solid Waste Commission, I have filed the 2009 Update — Independent External Review of Crane Mountain Landfill with the Common Clerk's Office. Please review same and advise if there are any specific concerns or actions you wish me to explore with the commission. It is my intention to explore with the commission, the main aspects for improvements and further consideration as categorized in the report as follows: • Develop an improved understanding of the hydrologic flow system and related aspects of contaminant fate and transport within the flow system with respect to protecting water quality and downgradient groundwater use; • Improve interpretative aspects of the groundwater monitoring program and integrate the domestic well monitoring as a key component of the overall monitoring and reporting program; • Complete further assessment of the landfill liner system; • Develop improved interpretation and reporting protocols related to documenting changes in design and construction and key operational aspects (e.g. leachate buildup in the landfill and related leachate management infrastructure, changes in cell cap, proposed changes in landfill footprint); and • Develop more detailed contingency plans, economic analysis, and verify adequate post closure planning timeline in the context of the unique setting of the Crane Mountain landfill. Recommendation: Receive for Information Respectfully submitted, (source verified) ssz�� a a, SAINT T JA I �N RO. x 1471 Saint John, NB Canada E2L 4L1 ' .saintjohn,ca CA 1971 Saint Jahn, Pal. - . Ca da E2L 41.1 154 December 21, 2009 Your Worship Mayor Iva n Court & Members of Common Council: RE: Transit Vision 2D4U- Draft Municipal Council Resolution Attached is a copy of "Transit Vision 2040 — Setting Course for the Future" for your consideration. I would request Council to support the following: Motion: WHEREAS public transit provides essential mobility to residents within Canada's urban areas; AND WHEREAS public transit strengthens economic competitiveness by making effective and efficient use of roadway capacity and offering people a transportation choice other than the automobile; AND WHEREAS public transit reduces greenhouse gas emissions and air pollution; AND WHEREAS transit infrastructure investment needs for Canadian transit systems in the period 2008- 2O12 stand at approximately 541billion; AND WHEREAS municipalities have inadequate revenue tools to finance the full cost of transit infrastructure and operations; AND WHEREAS, in response to those challenges, the Canadian Urban Transit Association ([UTA) has — in broad consultation with many stakeholders across Canada — developed Transit Vision 2040, consisting of the following six themes: 1) Putting transit at the centre of communities through stronger government policy and decision-making frameworks, and better community planning and design. 3) Revolutionizing service through expansion and innovation, so that transit systems can both encourage and serve growing demands as they keep pace with the changing face of Canadian communities. 3l Focusing no customers and accelerating the delivery of flexible, integrated transit services that meet the needs of an increasingly diverse and discriminating clientele. 4) Greening transit to further reduce the industry's ecological footprint, improve energy efficiency and limit greenhouse gas emissions. 5) Ensuring financial health through enhanced transit infrastructure and operating investments SAINT JOHN P0. Box 1971 Saint John, NB Canada E2L40 | www.saintjohnca | CA 1971 Saint John, N.-B, Canada E2L40 155 by all orders of government, more progressive approaches to generating revenue, and new efficiencies in service delivery, 6) Strengthening knowledge and practice so that Canada's transit industry can more effectively respond to future opportunities and challenges. THEREFORE IT IS RESOLVED THAT THIS COUNCIL: 1) Endorse Transit Vision 2040, as developed by the Canadian Transit Association (CUTA), including its 6 themes and Strategic Directions. 2) Seek to align the future vision of public transit services with Transit Vision 2040 and endeavour to reach or exceed performance targets outlined in the Vision. Respectfully submitted, Chris Titus Councillor — City of Saint John 156 CUTA ACTU CANALAAN Ur.81AH"I"RANS17 ASEDCAYMCIN �SBOCIATION CANADENNE OU RAN :POP V' UM AN Np [oil A-AMA-Z h KIFJ M a IRZIT-A I I i 1 1:11141 It'll, Mp Transit Vision 2040 defines a future in which public transit maximizes its contribution co quality of life with benefits that support a. vibrant and equitable society, a complete and compact community form, a dynamic and efficient economy, and a healthy natural environment. The Vision involves: 1. Putting transit at the centre of commur-6-- through stronger government policy and decision making frameworks, and better community planning and design. 2. Revolutionizing service in all types of communities through expansion and innovation, so chat transit systems can both encourage and serve growing demands as they keep pace with the changing face of cities and towns. 3. Focusing on customers and accelerating the delivery of flexible, integrated transit services that meet the needs of an increasingly diverse and discriminating clientele. 4. Greening transit to further reduce the industry's ecological footprint, improve energy efficiency and limit greenhouse gas emissions. S. Ensuring financial health through enhanced transit infrastructure and operating investments by all orders of government, more progressive approaches to generating revenue, and new efficiencies in service delivery. 6, Strengthening knowledge and practice so that Canadds transit industry can more effectively respond to future opportunities and challenges. Download Transit Vision 2040 in its entire0from tvwwruraacti4ra. For more than a century, public transit has contributed positively to the quality of life of Canadians and supported their need for access and mobility, Today, national transit ridership and investment are both at all-time highs, and transit is widely recognized as an important part of the solution to national challenges including economic prosperity, climate change, public health, safety and security. Looking ahead, Canada's public transit industry faces pressures arising from the accelerating pace of change. Fast-approaching opportunities and challenges will drive major shifts in how the transit industry can meet the needs of Canadians, and in how society can offer transit the support it requires to succeed. Recognizing that the future is something to be shaped and not simply responded to, CUTA has created Transit Vision 2040. This important new document sets a course for public transit to maximize its contribution to the quality of life in Canadian communities over the next three decades. Creating a vision for 2040 Transit Vision 2040 is based on an understanding of transits role in supporting Canadian communities, an examination of the changes those communities are likely to experience, and an assessment of transit's potential to mitigate or reinforce changes and make communities more liveable, economically robust and environmentally healthy. While the vision cakes a long-term view, it is intended to guide concrete short-term actions by CUTA, its members and other stakeholders. P U B [_ I C T R A N S I T - W H E R E V E R L I F E T A K E S Y 0 U 157 Transit Vision 2040 integrates considerable input from a wide range of individuals and organizations. The project included workshops with CUTNs leaders and youth delegates, an online survey completed by some 650 individuals, and discussions with groups including the Canadian Institute of Planners, the Federation of Canadian Municipalities, the Transportation Association of Canada, and the Canadian Home Builders' Association. It also involved peer review by a panel of transportation experts, and interviews with over 20 Canadian thought leaders from a variety of disciplines, The American Public Transportation Association (APTA) and International Association of Public Transporr (UITP) also provided advice, based on their own visioning processes. The reality of change As the years unroll Toward the vision's horizon of 2040, Canada's Transit systems and the communities they serve must evolve Together. Neither is sheltered from changes that affect the other, and both must address a number of key trends that include the following: • Accelerating urban growth and aging of the population will increase the number of Canadians who rely on transit to get around, and these customers will also require a higher standard of accessibility and security. • Mounting congestion will result from transportation system constraints, adding to transportation delays and costs experienced by individuals and business, • Smart growth and energy conservation goals will lead cities to strengthen development in their cores while they intensify and diversify their suburbs, • Public support for environmental protection will lead to more sustainable community design and greater willingness by individuals to travel differently, but will also heighten the need for transit systems to green their own operations. More and more, public transit solutions will be called upon to help communities navigate these trends and enhance their economic competitiveness, environmental health and quality of life. A vision grounded in action The purpose of Transit Vision 2040 is not to describe an ideal future. Rather, it illustrates a strategic response to the profound challenges facing Canadian communities meeting broad goals through actions that foresee both opportunities and obstacles. The vision includes 27 strategic directions grouped into six major themes, as presented below. Strategic directions • Develop a national transit policy framework • Strengthen transit's position as an investment in quality of life • Fully integrate transit with community planning • Fully integrate transit with community design By 2040, a more transit-supportive social and political culture will enable Canadian communities to offer the context and resources that Transit needs to fulfill its potential, Together, Canadds governments will develop a national transit policy framework that is integrated and consistent, that clarifies roles and responsibilities, and that sets meaningful objectives. This framework will benefit from stronger decision-making processes that integrate a "triple bottom line" perspective on transit's support for community objectives, Success for transit will also require a more integrated approach To building vital, sustainable communities. Community plans will give primary consideration to transits needs and benefits, and progressive development practices will give greater priority to the design of mutually supportive transit and land use systems, Strategic, directions • Expand regional rapid transit networks • Emphasize transit priority solutions • Enable a "quantum leap" in suburban transit • Support the revitalization of urban cores • Build service in smaller communities • Ensure seamless coordination of operations and governance at all levels By 2040, transit systems across Canada will have greatly improved the availability, frequency, reliability and speed of their services. Regional rapid transit networks will be expanded To boost capacity, efficiency and competitiveness. Transit priority solutions will help mitigate the effects of congestion on transit service. In suburban communities, accelerated transit investment and progressive development practices will enable a "quantum leap?' in the effectiveness of transit service. Urban cores will see renewal and upgrading of aging transit facilities, while smaller communities will establish formal transit services with support from provincial governments, local Transportation providers and other partners. Of course, these improvements will require seamless coordination to bridge existing gaps in governance, planning and operations. I s S 0 e P a p e r 3 3 V4 W w, C U t a a C I U C a 158 Strategic directions • Accelerate a new customer orientation • Focus on serving customers with mobility challenges • Take a broad approach to mobility and expand choice • Customize Ewes • Enhance safety and security • Provide information when, where and how customers want it The transit industry knows that its success relies on its ability to meet the needs of each individual customer. It will need creativity and flexibility to satisfy an increasingly discriminating and diverse clientcle. In 2040, a growing number of seniors and persons with disabilities will be better served through greater integration of conventional and specialized transit services. Facilities and programs that enhance transit options for pedestrians, cyclists and car users will be extended. Transit systems will respond to technological and market opportunities by adopting flexible, customized fare products and strategies that maximize customer value as well as revenues. Enhanced safety and security, as well as timely, accurate and convenient access to customized information, will help transit passengers make the most of their experience. Strategic directions • Develop a greening strategy for the transit industry • Develop an energy strategy for the transit industry • Implement local greening and energy initiatives In the coming 30 years, the transit industry will be challenged to provide maximum support for local and national sustainabiliry while also minimizing its own ecological footprint. Success will require each transit system to meet environmental expectations without compromising performance objectives. The transit industry will develop broad, forward- thinking strategies for greening and energy efficiency that address climate change and energy policy, research and development, technology, legislation, market conditions, financing and other sector- level concerns. Locally, individual transit systems will pursue improvements to procurement practices, materials management and waste dispersal, as well as an accelerated transition to less - polluting and renewable energy sources for vehicle operation and other service areas. l s s u r P a p e r 3 3 159 Strategic directions • Establish suitable mechanisms for capital investment from senior governments • Establish suitable performance -based mechanisms for operating funding from senior governments • Maximize municipal government support for transit operating costs • Use transportation pricing and alternative funding options more effectively • Seek efficiency gains Despite positive trends in provincial and federal government investment, over the next three decades communities will face a growing gap in transit infrastructure fimcling and serious constraints on their ability to pay for expanded transit operations. To overcome these threats to transit's financial health by 2040, upper orders of government will establish predictable, reliable and adequate transit capital funding mechanisms, as well as performance-based operating funding mechanisms. Ideally, they will generate some of the enabling revenues through transportation pricing strategies that support greater ridership and create equity among travel modes. Local governments will maximize their own support for fast - growing transit operating costs, possibly generating the needed revenue through transportation pricing tools that motivate more sustainable travel behaviours through incentives and disincentives. Finally, transit systems will continue to seek efficiency improvements that reduce capital or operating costs. Strategic directions • Develop human resource strategies for a. more diverse and compeutrve workforce • Develop transit resources for smaller communities • Identify and disseminate current knowledge and practice within the transit industry and among its stakeholders Many strategic directions within Transit Vision 2040 require transit industry members to collectively improve their capacity to understand challenges and find effective solutions. Creative approaches to attracting and retaining skilled labour will be needed in an increasingly competitive labour market. National or regional programs that develop relevant tools and resources will help transit systems in smaller communities face their unique challenges. Many transit systems will benefit from centralized knowledge sharing in vital areas including technology, governance, transit- supporrive development, innovative financing, alternative service delivery, and private sector roles in transit service development and delivery, w w w. c u t a a c t u. c a Moving forward A quick start. Short-term actions toward this vision will exploit immediate opportunities and start work toward critical, longer-term goals. A key priority for CUTA will be the creation of a monitoring and reporting plan for Transit Vision 2040 that outlines a framework for measuring progress toward key indicators. Transit ridership targets and implications. The principal indicator of progress toward Transit Vision 2040 will be the number of annual transit trips per capita, measured both nationally and locally. The vision includes general targets for per - capita ridership growth for five groups of communities according to population (see Table 1). To reach these targets: • Major metropolitan areas (2 million people or more) will need to focus on seamlessly integrating services and expanding their rapid transit and commuter rail services. • Large cities (400,000 to 2 million people) will need to extend their rapid transit and transit priority systems. • Medium-sized cities (150,000 to 400,000 people) and small cities (50,000 to 150,000 people) will improve overall service levels, implementing transit priority measures and some higher- order transit services. • Small and rural communities (less than 50,000 people) will work with partners to increase basic levels of transit service, or to introduce transit service in communities that do not have it. When overall population growth is factored in, these targets are equivalent to an 86% increase in national transit ridership, from 1.76 billion trips in 2007 to 3.28 billion trips in 2040. If current rates of transit operating cost-recovery from fares are maintained, this implies a corresponding 86% increase in government operating contributions, from $2 billion in 2007 to $3.7 billion in 2040 (2007 dollars). A call for leadership and action Achievement of Transit Vision 2040 will require the full commitment of Canada's federal, provincial, territorial, regional and municipal governments in partnership with transit systems, suppliers and CUTA itself. The following points summarize the most vital areas of leadership for each stakeholder group: • Federal, provincial, territorial and regional governments will have primary roles in shaping transit policy, coordination and investment, particularly with regard to governance, capital and operating funding mechanisms, rapid transit expansion and service growth in smaller communities. • Municipal governments will play a leading role in coordinating transit and community development, expanding transit service and infrastructure, and ensuring supportive local funding, • Transit systems will have an important role in improving all aspects of transit service delivery, and in implementing local greening and energy initiatives, • Transit suppliers will play a supporting role in creating products and technologies that enhance customer service, notably fare and information systems, and in developing industry-wide strategies for greening and energy efficiency, • CUTA will have a vital role in shaping national transit policy, in developing industry-wide greening and energy efficiency strategies, and in creating and sharing information that helps members fulfill their own mandates, Together, these organizations will provide the leadership, knowledge, resources, innovation, determination and spirit of partnership that can make Transit Vision 2040 a reality, for the benefit of all Canadians. The Canadian Urban Transit Association (CUTA) is the voice of Canada's public transit industry. For additional information including research reports, industry updates, news bulletins and more, please contact us or visit our Website. 1*IC A 0rACUTTU Suite 1401 - 55 York Street • Tor-onto ON • M5J 1R7 • Canada Printed in Cwada en rcqCled paper Telephone: 416-365-9800 - Fax: 416-365-12951 • transit@cutaactaca - WWW.cutaactu.ca J-2DC9 i• Dec 16, 2009 Your Worship Mayor Ivan Court and fellow Members of Common Council Re.- Flooding, Westgate Subdivision and Downsview Drive area The August 41h 2009 meeting of Common Council a motion was made and passed by this Council for a report to be brought back to Council within 6 weeks that was to outline the possible solutions and the cost to resolve the issue of flooding in the Westgate Subdivision. Spring, and therefore flooding, is only a few months away and the residents of this area were promised a report from this Council that may answer some important questions for them. I move that staff provide at either tonights meeting or the very next meeting of Council this info rmation/repo rt. Respectfully, 4 (- c., "I v , i b '-j ti -n Cl-'U- Bill Farren Councillor, The City of Saint John @.- ---- -- -- - -1 - --- - - --- ----------------- - ------ - -------------------------- - -- ---- - - I ------------------- . . . ........... . ........ . ...... SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 40 k wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 in Dec. 16, 2009 Your Worship Mayor Ivan Court and fellow members of Common Council Re: Letter of support for the Nature Trust of New Brunswick to restore the Henderson Brook and Blueberry Hill wetland As most would know, the Province of New Brunswick has offered a 50+/- acre piece of land behind the Workers Compensation building, which is on the very edge of our Cities western boundaries, to the not for profit group "Nature Trust of New Brunswick." This not for profit group is very actively seeking monies from a number of Federal and Provincial agencies in order to acquire the Henderson Brook/Blueberry Hill land. In order to strengthen their chances of success they are asking the City of Saint John to provide the Nature Trust with a letter stating our support of this restoration project on our Cities western boundaries. I move that the Mayor provide a letter of in-kind support in the way of consultation and advisory for the restoration of the Henderston Brook and Blueberry Hill wetland to the Nature Trust of New Brunswick. Respectfully, nu� Bill Farren Councillor, The City of Saint John ( @`�­ - ­11--_ - -_---------------------_ - . . . .. ........ . ................................................ - - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca « CA 1971 Saint John, N.-B. Canada E2L 40 162 1 01;1 at ay�, Dec 16, 2009 Your Worship Mayor Ivan Court and fellow Members of Common Council Re: Ward meetings for spring 2010 This Council will be reaching the mid term of their mandate that the Citizens of Saint John have given us. I believe it is important for us as an elected body to set some dates now, so their will be no misunderstanding of when these meetings will be held. Setting these dates now will also give staff ample time to find the proper venues and proper advertisement of each of these meetings instead of being rushed by Council at the last minute. I move that the City Manager direct the appropriate staff to find dates that fit the Mayors and Councils schedule, find appropriate venues and undertake the advertisement of Ward meetings for the spring of 2010. Respectfully, Bill Farren Councillor, The City of Saint John @I, --- -------------- ----------- ----------- ---------- - - --------- - --- . ....... - .................... SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I U. 1971 Saint John, N.-B. Canada E2L 4LI 163 The City of Sai ohn bee 16, 2009 Your Worship Mayor Ivan Court and fellow Members of Common Council Re: Postponing the installation of water meters This Council has endorsed the use of water meters for all new construction and the gradual installation of these meters in older and existing homes throughout our city. The water department has been busy testing the safety of water on a daily schedule at many sites throughout the water system and city. The water department has also been testing water at resident's homes whenever they request such testing. Residents watch staff take these water samples and question why staff ran the water so long before they take their samples to test. They are told by staff that this is the procedure they follow in order to clean out anything that may be lying in the lines to throw the readings off. The residents are then told that they themselves should always run the water for 15 minutes before they use it. With this being said by our staff I am wondering how the city can charge for these 15 minutes of water that is just being flushed down the drain. This is an added cost to the homeowner for something they are not using; I therefore propose that we postpone the use of water meters until this needless flushing of water comes to an end. I move that the requirement of water meters to be installed by residents be placed on hold until the flushing of water in homes has come to and end. SAINT JOHN RO. Box 1,971 Saint John, NB Canada E2L 41-1 wwwsaintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L 4L1 164 December 21, 2009 Your Worship Mayorhao[burt& Members nf Common Council: Issue: Westgate Park Flooding Challenge Context: In discussing this issue with Staff | know progress is being made on this file. My advocacy, which I identified in the debate regarding my motion of August 4, 2009 (agenda item 11.1) was hopefully to see financial assistance towards this neighbourhood challenge within our 2010 Capital 8ud8e1. This isaserious 'quality oflife' issue for this neighbourhood, Motion: Tmbe received and filed. Re ec ully submitted, G ire Peter Mc u Councillor — City of Saint John SAINT JOHN P.O. Box 197l Saint John, NB Canada E21- 4L1 |vmax«saintjobn�a, | [R1971 Saint John, N,@.[anmda EIL4L1 165 December 21, 2009 Your Worship Mayor Ivan Court 8' Members of Common Council: Issue: Safe Passage: Westfield Road Context: As the City of Saint John embarks on the redevelopment of the Westfield Road we should consider the 'lighting' which currently exists on this road and how we can enhance it. Night driving is a challenge on an already difficult road. The opportunity to open a degree of dialogue with Saint John Energy, who could provide expertise towards this issue, should beconsidered. Analysis of this situation and possible positive change would greatly add to the quality of life to residents living in this area. Motion: That the Acting City Manager begin discussions with officials from Saint John Energy with the goal of improving the 1ighdng'pn the Westfield Road. A report back to Council b requested 6v January 31-",2Q1O. Res ctf y submitted, Peter McGuire Councillor — City of Saint John GILIFI- - . . . . .......................................... . ....... . .............. - --- - -------------- . ............ . . . ......................... . ........... . .. -- 1-----r . . . ....... ......... | | SAINT JOHN ��l�S�h������/ /C.Rl9715aintjohn,N�Canada E2L41-1 December 21, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Martinon Green Space Development Context: Some very dedicated volunteers from the Martinon area have been meeting with Leisure Services Staff— Mr. Kevin Watson and Mr. David O'Toole, with respect to developing a plan to create a neighbourhood 'green space' area. They are currently developing a strategic plan with strong resource support from Leisure Services. As Council has strongly identified within its priority documentation green space and neighbourhood development as critical elements as we attempt to move Saint John ahead —this neighbourhood - driven project fits very well within our priority direction. This group will be examining all available options for funding but it would be greatly appreciated that if needed in the future, Council consider financial assistance to this Project. Motion: That this report be received and filed for information. Respectfsu witted, Peter McGuire Councillor — City of Saint John Q14 - SAINT JOHN P.O. Box 19'71 Saint John, NB Canada E2L 4LI � wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B, Canada E2L 4LI 167 December 21, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Affordable Housing Context: Saint John has developed a very strong partnership with the Province of New Brunswick with respect to Affordable Housing. |n documentation | have received there have been several positive devOopments with respect to Federal and Provincial governments' funding direction. As strong advocates onthis file it appears appropriate thattheMuyormeeTvxithTheK4inisternf Social Development to discuss the needs of our City and what positive affordable housing projects vviU be undertaken in the near future. Motion: That the Mayor contact the Minister of Social Development to discuss the needs of Saint John and the potential positive opportunities which exist for our City. |tia hoped that ameeting would be scheduled for some time in January regarding thisfile. ' /cG Councillor — City of Saint John G�")- SAINT JOHN PO. Box 1971 Saint John, NI3 Canada E21- 41-1 � www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4LI qp December 17, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Carlton Community Center Cheerleading Program Carlton Community Center has offered programming to the residents of the west side for the past 30 years. This community center has been described as the heart and soul of the neighbourhood it serves. Recently, the community center's director, Chuck Edison began a cheerleading program that attracted the participation of over 140 children. This exceeded expectations by far! The challenge now is to insure this venture has the resources it needs! One of the priorities of this Council is to make a significant reinvestment in recreational opportunities for our City. Recent motions of Council identifies that we need to invest in programming at our community centers, not only the facilities themselves. Council has chosen to set aside funds to support worthwhile initiatives in neighbourhoods around our city. I believe, it would be hard to find any project or venture in any neighbourhood that matches this kind of success. We often are eager to support projects that, in theory, may make a positive impact. This is an example of supporting something that is already a huge success! Typically, Council designates these funds to "outside" organizations, I believe it is just as valid to support our own city run programs, especially when, as in this case, a community center has demonstrated an extraordinary opportunity to make a difference in the lives of so many young lives. Motion: The City Manger, during budget deliberations, will explore the possible sources of funding for the on-going success of the Carlton Community Center's Cheerleading program in the amount of $10,000. Respectively Submitted, rncillor Snook .... . ..... .......................................... . . ...... . . SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4LI I wwwsaintjohnca N C. 1971 Saint John, N.-B. Canada F2L 40 December 17, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject Market Place community green space There are a number of community leaders paying attention to the potential of redeveloping recreational space along Market Place on the west side. Along with Councillor Killen, I took a walk along this stretch of property and discovered the condition of an existing park/green space. The park is in a state of complete disrepair and deserves immediate attention this coming spring. This park is along a busy street in our city and requires some resources to assure it is satisfactorily attended to. I agree that any new development of this area needs to be referred to the proper planning process for community consultation and development. I argue that this particular park already exits and requires immediate attention. Motion: Refer to budget. Respectively Submitted, Councillor Snook SAINT JOHN RO. Box 1971 Sahtjohn, NB Canada E2L4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 170 December 21, 2009 Your Worship Mayor Ivan Court 8 Members mf Common Council: Issue: Taylor Avenue Field — Neighbourhood Green Space Crescent Valley Content: This isa neighbourhood 8reennpaceanaa|nCrescentVaUeywhichhasstrong potential to greatly enhance the quality of life of citizens, especially children living here. With over 600children living in this area this is a critical resource for their physical and social development. Last year this space could not be used due to flooding conditions. Staff have recently examined this space and recommendations should be presented soon. Council has identified neighbourhood Qruvvthand green space enhancement as key variables within our Priority Documentation. It is hoped financial assistance to improve this important green space area could be included in our 2010 Capital Growth Expenditures Motion: Receive for Information. Councillor — City of Saint John e- - - ---- ---- -- - - - - - - - - - -------------- - ----- - - --------------------------------- - - - - - - - --- - - - - - SAINT JOHN P.Z Box l971 Saint John, NB Canada E21L 41 | wwwsaintjohn.ca |CR1971 Saint John, N�Canada E2L 4L1 171 REPORT TO COMMON COUNCIL December 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: The My or&mini )AIM SUBJECT: Authority to Expend Funds In as much as this is the last meeting of Common Council in 2009, and the 2010 Operating Budgets have not yet been approved, certain resolutions are required in order that day to day operations can continue until such time as the budgets are approved. In light of these requirements the following resolutions would be in order. Resolved that the following resolution be adopted, namely: WHEREAS the 2010 Operating and Capital Budgets for the City of Saint John have not yet been approved by Common Council; and WHEREAS expenditures will be required in the normal course of the Municipality's continuing operation prior to the approval of the 2010 Operating and Capital Budgets; NOW THEREFORE BE IT RESOLVED as follows: a) That the Acting City Manager is hereby authorized to approve expenditures not exceeding $25,000 where provision for such expenditures would normally be contained in the Municipality's Operating or Capital Budget; and 172 Report to Common Council Page 2 December 16, 2009 b) That the Treasurer is hereby authorized to make payments: i) as required to meet the City's pre - existing or continuing obligations; ii) to boards, commissions or other organizations to which the City has pre- existing or continuing obligations or which in the Treasurer's opinion are necessary to ensure the continued fiscally prudent and efficient day to day operations of such boards, commissions or organizations; during the period concluding with the Council's approval of the 2010 Operating and Capital Budgets. 173 REPORT TO COMMON COUNCIL M &C 2009 -409 December 16, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, +h n The City of saint John SUBJECT: Short Term Lease with Fortis Properties Corporation Brunswick Square Pedway For Public Engagement for the City of Saint John Growth Management Strategy and Municipal Plan BACKGROUND In 2008, Common Council identified the preparation of a new municipal plan for Saint John as one of its key priorities. Funds were approved by Council as part of the 2009 budget to add staff resources to create the capacity to do policy planning work including the Municipal Plan. On September 7th 2009, Council selected Urban Strategies in partnership with ADI Limited as the lead consultant for the Growth Management Strategy and the Municipal Plan. Council also approved a consulting contract with Urban Strategies and ADI to advance the development of a work plan and public engagement strategy to support delivery of the municipal plan. On November 91h 2009, Council approved the project charter and consultant contract to guide delivery of the municipal plan project. As part of this approval Council endorsed the concept of a project storefront to enhance the public engagement program for the municipal plan. PURPOSE The purpose of this report is to recommend acceptance of the attached Short Term Lease document with Fortis Properties Corporation (Fortis) for the leasing of approximately 2,346 square feet of storefront space in the Brunswick Square Pedway from January 1st 2010 to December 3150 2011 to enable implementation of the public engagement strategy to support delivery of the new municipal plan pursuant to the Common Council Resolutions adopted on November 9th 2009. 174 z ANALYSIS The purpose of the project storefront is to enhance the public outreach during the municipal plan process. City staff canvassed the Uptown area to identify suitable and available high pedestrian traffic leasehold storefront spaces that the City might consider securing in order to effectively execute the public engagement strategy approved by Council on November 9th 2009. After touring the available spaces a short-list was derived. The most functional space was determined to be within Brunswick Square portion of the indoor pedway system, managed by Fortis Properties Corporation (Fortis). The space is located between Booster Juice and the Eagle's Nest gift shop. A portion of its storefront is currently used as a display case for English Butler. This space is desirable for 2 reasons: 1) It is located on a high pedestrian traffic route, and, 2) It is large enough to host small public and stakeholder workshops and other events More focused negotiations were undertaken with Fortis in order to arrive at, subject to Common Council's approval, the Short Term Lease document attached hereto. This location is in a very high pedestrian traffic route and is considered to be premium commercial retail real estate. Fortis' preference for this space was to lease it on a minimum term of 5 years to a widely recognized branded and quality tenant. Fortis also recognize the importance of the City's development of its new Municipal Plan and were willing to lease the space to the City for a 2 year term beginning January l st 2010, with an early access to the space to allow the City to set up its storefront. Fortis also agreed to lease the space to the City at a monthly rate that is significantly less than what the market would command for this space. It is basically offered to the City on a rent free basis, recovering only Fortis' operating costs. Fortis does require that Fortis have the right to terminate the tenancy with 90 days notice in the event that a long term tenant was found by Fortis for this space. In that instance, Fortis would make its best efforts to relocate the City into another space within Brunswick Square within such 90 day period and on the same terms and conditions of the attached Short Term Lease document. The space is sufficiently large for the City's intended use, and leaseholds improvements can be completed by the City within a few weeks at a modest financial outlay. This will enable an opening in late January 2010 in conjunction with the launch of the municipal plan. The location is right, the space is right, the timing is right, and the cost is right. FINANCIAL IMPLICATIONS Aggregate costs for space rental, furniture rental, leasehold improvements and telecom costs fall within the amount approved by Council on November 9t' 2009. INPUT FROM OTHER SOURCES City Solicitor's office has reviewed the Short Term Lease document. 175 RECOMMENDATION 1. That the City of Saint John enter into a lease with Fortis Properties Limited for Unit R2 in Brunswick Square upon such terms & conditions contained in the "Short Term Lease" attached to M & C 2009 -409 and that the Mayor & Common Clerk be authorized to execute the Lease. Respectfully submitted, JC K Forrest, MCIP RPP issioner Planning and Development J. Patrick Woods, CGA Deputy City Manager 176 SHORT TERM LEASE DATE: December 1, 2009 FROM: Fortis Properties Corporation ( "Landlord ") 39 King Street Saint John, N.B. E2L 4W3 TO: The City of Saint John 15 Market Square Saint John, N.B. E2L 40 ( "Tenant ") Fortis Properties Corporation, hereinafter the "Landlord" does demise and lease to The City of Saint John, hereinafter the "Tenant ", that portion of Brunswick Square, hereinafter the "Centre ", described as Unit R2, hereinafter the "Leased Premises ", in the City of Saint John, Province of New Brunswick. The Leased Premises will comprise approximately 2,346 ft? being that area designated "R2" on the attacl;d Schedule "A ". This Lease is made on the following terms 1. The Tenant shall pay to the L a monthly rent in the amount of Three Thousand Dollars ($3,000.00) per me HST. Rent is due monthly in advance and payable on the first day of each mo It geed that this is a gross rent lease with the exception that the Tenant shall be re nsib to contract for and pay its monthly telephone and internet fees. ,p 2. The term shall commen uary 1, 2010 and expire on December 31, 2011. It is agreed and understood that this' J se may be terminated by either party upon receipt of ninety (90) days written notice of such intent by the other party. However, should Landlord give such notice to the Tenant, and the Tenant is not in default of the terms and conditions herein, .the Landlord shall make its best efforts to relocate the Tenant into another space within the Centre within such ninety (90) day period and on the same terms and conditions of this Lease. 3. The Landlord shall allow the Tenant early access to the Leased Premises frorn 15 December 2009 onward for the Tenant to undertake its leasehold improvements. 4. The Landlord shall ensure that the existing infrastructure within the Leased Premises (HVAC, electrical, lighting, sprinklers, etc) are and continue to be in safe working order. In all other respects, the Landlord shall make the Leased Premises available to the Tenant on an "as is" basis. 5. All costs relating to the preparation of the Leased Premises beyond the existing infrastructure within the Leased Premises such as installation of additional electrical and telecom wiring, fixtures and equipment shall. be the responsibility of the Tenant. All costs relating to the preparation of the Lease Premises such as supply of power and telephone installation shalt be the responsibility of the Tenant. 177 Lease Fortis Properties Corporation and The City of saint John January 1, 2010 to December 31, 2011 -2- 6. The Tenant shall provide the Landlord with proof, satisfactory to the Landlord that it carries and has in full force and effect, public liability insurance in respect of injury of one or more persons, and property damage insurance in connection with the use of the Leased Premises in an amount not less than $2,000,000.00. 7. The Tenant shall indemnify the Landlord, its officers, employees, licensees, tenants and invitees and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury and /ordamage arising from or out of any occurrence within the Leased Premises during the term of this Lease. 8. The Tenant shall not to operate any business in the Leased .Premises other than that of a civic government office (City of Saint John - Municipal Plan Office): 9. Any changes to the above use must have the Landlord's prior approval, and should the Landlord, in its sole discretion, object to an spect of the Tenant's use of the Leased Premises, including but not limited to those u s hich conflict with other tenancies in the Centre, the Tenant shall modify its use acc d� i �n cases where a use by the Tenant which has not been specifically approv 0 the. Landlord conflicts with other existing tenancies in the Centre, and the Tenan . not remedy such conflict immediately, -the Landlord may terminate this Lease on,u& fi F §_written notice. 10. The Tenant agrees upon canetion'if this Lease to leave the Leased Premises in the same condition as on the. up t;oeiil7ate and to be responsible for any damage resulting from the Tenant's ope!tions�i, 11. The Tenant shall have the'ft Kto erect and exhibit such signs and sign structures as it deems necessary, identifying the Tenant and the Tenant's business activities,. on the Leased Premises, at the Tenant's own expense, subject to. existing municipal by -laws and requirements. Upon termination of this Lease the Tenant shall be permitted to remove all such signage at its own expense and shall repair any damage caused to the Leased Premises by such removal. 12. The Landlord will ensure public access and utilities access to the Leased. Premises for evening workshops beyond mall hours as follows: Mondays through Fridays: 8AM -10PM (Local time) Saturdays: Noon -6PM .(local time) Sundays: Noon -6PM (local time) 13. The Tenant shall have the right to configure the Leased Premises so thatthe portion of the Leased Premises fronting on the Centre's common area may remain open during such times when the Leased Premises are not staffed. 14. This Lease shall not be assigned or transferred by the Tenant. 178 Lease Fortis Properties Corporation and The City of Saint John January 1, 2010 to December 31, 2014 -3- 15. This Lease shall be governed by the laws of the Province of New Brunswick. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. SIGNED, SEALED & DELIVERED } In the presence of } FORTIS PROPERTIES CORPORATION } } Per: Witness ) Tim( Re' i;�litritlli�y� SCE �. 00; l Doherty I Property Manager 4thority to bind the Company. CITY OF SAINT JOHN Mayor ) ) Common Clerk ) Common Council Resolution: . December , 2009. 179 Lease Fortis Properties Corporation and The City of Saint John January 1, 2014 to December 31, 2011 -4- SCHEDULE "A" King Street i:6 M & C 2009 - 408 December 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: It Im SUBJECT: Engineering Design and Construction Management Services: Phinney Hill and Dever Road Water Transmission Main Installations and the District Metering Program BACKGROUND The Action Plan for Safe, Clean Drinking Water includes six projects under the 2009/2010 Utility Fund Capital Program that received funding approval under the Canada -New Brunswick Infrastructure Stimulus Fund program as follows: • Ocean Westway Transmission Main (Pipeline Road West) • Beaverbrook Avenue Transmission Main • Reversing Falls Bridge Transmission Mains • Phinney Hill Transmission Main • Dever Road Water Transmission • District Metering Program The Infrastructure Stimulus Fund Agreement requires that all eligible project costs be incurred by March 31, 2011. In order to meet this timeline it is necessary to complete all design work so that tenders can be advertised for constriction to start early in the spring of 2010. The Ocean Westway, Beaverbrook Avenue and Reversing Falls Bridge Transmission Main projects are well advanced with the tender for the Ocean Westway project scheduled to close on December 23, 2009. The Beaverbrook Avenue and Reversing Falls Bridge projects are scheduled for tendering in January 2010 and February 2010 respectively. The purpose of this report is to recommend consulting engineering services for design and constriction management of the Phinney Hill and Dever Road Transmission Main projects and the District Metering Program. The projects included funding necessary to engage engineering services to complete the following design stages: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection. ♦ Part B — Preliminary Design, Cost Estimates and Design Report iio M & C 2009 -408 December 16, 2009 Page 2 ♦ Part C — Conduct Public Consultation Process ♦ Part D — Detailed Design. The Consultants were also requested to include the constriction management components in their proposals: ♦ Part E - Tender Period Services, Materials Testing & Inspection, Red Books and Record drawings. ♦ Part F - Contract Administration, and Resident Inspection Services Part F of the engineering services is based on estimated constriction durations as follows: Phinney Hill — 25 weeks; Dever Road — 35 weeks; District Metering — 10 weeks. The final fee for Part F will be calculated based on the actual constriction management period. ANALYSIS With a comprehensive and detailed terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. Submissions were received from five engineering consulting teams. AECOM Canada Ltd., Halifax and Sydney AMEC Americas Limited, Saint John CBCL Limited Consulting Engineers & Crandall Engineering Ltd., Saint John Dillon Consulting, ADI Limited and Stantec, Saint John Terrain Group Inc., Halifax and Saint John A Review Committee of staff was selected to complete an analysis of these submissions: ♦ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ♦ Dean Price, P.Eng. Municipal Engineer, Municipal Engineering ♦ Brent McGovern, P.Eng. Deputy Commissioner, Saint John Water ♦ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed an independent review and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a unanimous conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Operations and Engineering to ensure a thorough review of the various submissions. The contemplated work is very significant, vital to the overall water system and with a high consequence of error. Care 182 M & C 2009 -408 December 16, 2009 Page 3 must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering team. As previously stated, the proposals were reviewed on the basis of the comprehensive and detailed terms of reference and their relationship to the following criteria: 1. Quality and Completeness — Does the proposal address all of the concerns raised? 2. Experience — Has the consultant demonstrated, for all parties concerned (primary consultant firm, sub consultant firms and staff of both), sufficient experience with this type of project? 3. Methodology — Has the consultant addressed all of the areas called for in the terms of reference and have they allowed sufficient time and resources to adequately address all needs? 4. Cost — Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee unanimously selected the submission of the CBCL Limited Consulting Engineers and Crandall Engineering Ltd. team as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from CBCL Limited Consulting Engineers and Crandall Engineering Ltd. met all of the requirements of the proposal call, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of work from CBCL Limited Consulting Engineers and Crandall Engineering Ltd. to provide the design and constriction management services is $1,616,284.20, not including the City's eligible HST rebate. An amount of $1,460,000 ($486,000 City Share and $974,000 Other Share) is included in the 2009 Water & Sewerage Fund Capital Program to cover the cost of detailed design and a portion of constriction on the District Metering project. Staff proposes that the consultant team proceed in 2009 and early 2010 to complete Parts A, B, C and D of the terms of reference which totals approximately $818,884. 183 M & C 2009 -408 December 16, 2009 Page 4 The remainder of the engineering costs $797,400 ($1,616,284 - $818,884) are associated with Parts E and F. These components of the engineering work will take place in conjunction with the constriction projects proposed in the 2010 Water and Sewerage Utility Fund Capital Program. Engineering fees to cover the cost of design and constriction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This fee is approximately 13.1 % of the total overall project cost, which is considered appropriate for this type of project. RECOMMENDATION It is recommended that the proposal of CBCL Limited Consulting Engineers and Crandall Engineering Ltd for engineering design and constriction management services for the Phinney Hill and Dever Road Water Transmission Main Installations and the District Metering Program be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 184 December 21, 2009 His Worship Mayor Ivan Court and Councillors Subject: Requests to Make presentations to Council Your Worship and Councillors, As you are aware Council receives many requests from various groups to make presentations. Some of these requests are from Council committees for update or other relevant information and some are from groups requesting change in municipal policy or addressing issues over which Council has jurisdiction. However, other requests are from groups on matters not consistent with Council priorities, or over which Council does not have legislative or policy jurisdiction. As we are entering in a new year the requests for presentations are backlogged up to three months. This backlog can cause delays in your committees being heard from in favor of presentations outside of Council's jurisdiction. An example of this type of request is attached. I am recommending this request and similar ones clearly outside of Council's policy jurisdiction be added to Council's agenda for information purposes only for both Council and the public's interest. Recommendation: That requests for presentations which are inconsistent with Council's priorities, and legislative and /or policy jurisdiction be added to Council's agenda for information purposes only and that the Common Clerk notify the group or individual making the request. Sincerely, Elizabeth Gormley Common Clerk lr iw ''lug, . ........... SAINT' JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 � www,saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 185 Ar C-11 1- N STI I'LJA'E 0u 'Ta ii,ii d p iii iiig fiil'esIiw,:Itei, �mi'iid estuall"fil,iie sclleii"ice,ii, soii'vliligthe sass of sodetV Dit,mumllber 7, 210,019 111all 111� Y, BO'NL Saint Jhai hn, N. B, RE: Reiqtiest U.ii pirese:nt Saint 11ohin City Clounicil The Canadian 1:6vers briisfitutic (CRI)i [nicated w the (Jniversity of Tsfew 13runswicl. vi icrealied in 20,01 with a inanidate'to become a nationaJ i �,.�,xceflenicie in watiersciu . icies resedrc:h and eii:lueafion, Its focus has belen on thie (Jieve�opmcnt of th e acV,,i ati c !sic ilencies neleded to landerstand, protect, and sustain water resiources for the region, (2anada, and atnuad. 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